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Special measures for Maintenance of Public Order and Safety of State under the The Maharashtra Police Act, 1951

Chapter V of the document outlines special measures for maintaining public order and the safety of the state.

Section 47 - Employment of Additional Police:

  1. Allows the Commissioner or Superintendent to assign more police officers on request.
  2. The person requesting must cover the cost.
  3. Police are under the authority of the police department.
  4. The person can request their withdrawal after a month.

Section 48 - Employment of Additional Police at Large Works and for Employee Behavior:

  1. Police can be assigned to places with large gatherings or where employee behavior is concerning.
  2. The cost is the responsibility of the entity running the place.
  3. Costs are determined by the government.

Section 49 - Recovery of Costs of Additional Police:

  1. Disputes about costs are resolved by the Chief Presidency Magistrate or District Magistrate.
  2. The Collector can recover the amount like land revenue if necessary.

Section 50 - Employment of Additional Police in Cases of Special Danger:

  1. Allows the State Government to assign extra police if an area is disturbed or dangerous.
  2. Costs are recovered as taxes imposed on residents or specific groups.
  3. Municipalities may collect this tax with a small additional fee.
  4. The State Government can extend the assignment period if needed.

Section 51 - Compensation for Injury by Unlawful Assembly:

  1. Covers compensation for property damage, death, or grievous harm by an unlawful assembly.
  2. The District Magistrate specifies the affected area and date.
  3. Compensation amounts are taxed and collected from residents or specific groups.
  4. Municipalities may collect this tax with a small additional fee.
  5. The District Magistrate can exempt some individuals from paying.
  6. The State Government can review and modify orders.
  7. No civil lawsuits for compensated losses.

Section 52 - District Magistrate to Award Compensation:

  1. The District Magistrate decides who gets compensation.
  2. Claims must be made within 45 days and individuals should be blameless in the incident.
  3. Compensation cannot be assigned or seized and is not subject to setoff.
  4. Orders can be revised by the State Government.

Section 53 - District Magistrate's Role Under State Government Orders:

The District Magistrate acts based on State Government orders.

Section 54 - Proportionate Recovery of Costs and Compensation:

  1. Explains how landlords can recover a portion of costs from tenants.
  2. The amount is proportional to the rent.
  3. Recovery can't be done in Greater Bombay during the application of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

Sections 55 and 56: Dispersal and Removal

  1. Section 55 allows authorities to disperse groups or gangs causing danger or alarm in their area.
  2. Section 56 permits the removal of individuals causing alarm, engaged in criminal activities, or involved in offenses against public order.

Section 57: Removal of Convicted Persons

Section 57 enables the removal of individuals convicted of specific offenses, if they are likely to reoffend.

Section 57A: Removal of Beggars

Section 57A authorizes the removal of individuals declared as beggars in areas where the relevant act is enforced.

Sections 58 and 59: Duration and Due Process

  1. Section 58 specifies the maximum duration for removal orders (up to two years).
  2. Section 59 outlines the due process before issuing removal orders, including providing the person a chance to explain their situation.

Sections 60 to 63: Enforcement and Appeals

  1. Sections 60 and 62 detail the enforcement measures if individuals do not comply with removal orders.
  2.  Section 61 establishes the finality of orders, except on specific grounds.
  3. Section 63 allows for temporary permissions for re-entry.

Section 63A: Control of Assemblies and Uniforms

Section 63A permits the prohibition or restriction of meetings, drills, and the wearing of specific uniforms for public order and security reasons.

Section 63B: Village Defense Parties

  1. Section 63B authorizes the formation of voluntary Village Defense Parties for protecting villages.
  2. Members are chosen based on suitability and age criteria.
  3. Officers oversee these parties at different levels.
  4. Members and officers receive training and have specific powers while on duty.
  5. They are not disqualified from political roles based on their membership or service in these parties.


Written By: Harshavardhan Prakash Deshmukh, 4th Year Of B.A.LL.B. - Modern Law College, Pune
https://www.instagram.com/bhaiyatalks/, https://www.instagram.com/dabangglawyer/

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