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maharashtra state police complaints authority act


(b) Keeping to P. and O. and B.L Dry Docks and Break-up ground clear and prosecuting offenders. Power of Police Officer to unsaddle the animal or unload. Maharashtra Government had established Maha RERA on March 8, 2017 for regulation and promotion of real estate sector in the state, with its headquarters in Mumbai. (b) Officer of an above the rank of a Sub-Inspector of the Crime Branch and Special Branch of Nagpur Police Force. Police Officers to be deemed to be always on duty and to be liable to employment in any part of the State. (a) when driving a vehicle along a street and except in cases of actual necessity or of some sufficient reason, for deviation, fail to keep on the left side of such street and when passing and other proceeding in the same direction fail to keep on the right side of such vehicle; or. (g) Report of follow-up action in regard to decisions taken by the Authority shall be submitted by the Member-Secretary or designated officer at every subsequent meeting, till the decision is implemented. Temporary permission to enter or return to the area from which a person was directed to remove himself. Maharashtra became the first state to set up the State Police Complaints Authority (SPCA), in January this year. 72. Penalty for contravention of rule etc., under section 36. (h) the complaint has not been made to senior supervisory officer or one has not elapsed since filing of such complaint. Refusal to obey warning or to accompany Police. [close such place, dancing school, or as the case may be, [or certificate of registration, fresh registration certificate, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction]. DPCA-0118/CR-12/Pol-14, dated 31.7.2018. 9. 147. Penalty for contravention of order under section 63A. made under Section 41. 154. (a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside Railway stations, for the carriage of passengers' baggages, and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public; (c) regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (d) prescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used; [(da) licensing, controlling or prohibiting the display of any pictures, advertisements, news boards or public notices upon a vessel or boat in territorial waters or on inland waterways other than national waterways;], [(db) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held a loft over any land, building or structure at such heights as (regard being had to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction or causing obstruction to such traffic) may be specified in the rule or order;]. 19. (a) the previous operation of any law so repealed, or anything duly done or suffered thereunder; or, (b) the right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or. [and the Police Forces of the Saurashtra, Kutch and Hyderabad areas, and of the Vidarbha region of the State of Bombay], [(2) It extends to the whole of the State of, [in the pre-Reorganisation State of Bombay], [of the City of Nagpur Corporation Act, 1948], [(4A) "dancing school" means any place (by whatever name called) where dancing of any kind is taught to, or practised by, persons on admission thereto either on payment of fees or with or without any other consideration; but does not include any institution where dancing is taught or practised as one of the subject of its curriculum and the institution is for the purposes of this Act duly recognised by the Government or any officer duly authorised by Government in that behalf], [any area for which a Commissioner of Police has been appointed under section 7], [(5A) "eating house" means any place to which the public are admitted, and where any kind of food or drink is supplied for consumption in the premises by any person owning or having an interest in or managing such place, and includes a refreshment room, boarding-house, coffee-house or a shop where any kind of food or drink is supplied to the public for consumption in or near such shop; but does not include "place of public entertainment"], [(7) "municipality" means a municipality or municipal borough established under any law for the time being in force in any part of the State, but does not include a Municipal Corporation], [(13A) "Revenue Commissioner" means the Commissioner of a Division appointed under section 6A of the, [and such Police Force shall include every Police officer referred to in clause (6) of section 2], [subject to such superintendence, the Secretary to the State Government in the Home Department, whether designated as Secretary, Home Secretary, Special Secretary, Additional Chief Secretary or otherwise, in charge of the Law and Order Division of the Home Department shall exercise control, direction and supervision over the Police Force], [Subject to the provisions of section 4 for the direction and supervision], [Director-General and Inspector-General of Police]. (c) that the order was otherwise valid and in conformity with the provisions of this Act. (e) copy of the first information report (F.I.R. in streets. 45. 106. (14) "rules" means rules made under this Act; (15) "street" includes any highway, bridge, way over a causeway, viaduct, arch, quay, or wharf or any road, lane, footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not; (16) "subordinate ranks" means members of the Police Force below the rank of the Inspector; (17) "vehicle" means any carriage, cart, van dray, truck, hand cart or other conveyance of any description and includes a bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an aeroplane. 73. Jurisdiction when offender is a Police Officer above the rank of constable. Duties of Police Officers towards the Public. 20. One Police Force for the whole of the State of Maharashtra. Procedure on failure of person to leave the area and his entry therein after removal. [(2) (a) The State Government may appoint one or more Additional Director General and Inspector General, one or more Special Inspector General and one or more Deputy Inspector General. 3. 150. MUMBAI: The state police complaints authority (SPCA) directed Maharashtra government to initiate a disciplinary enquiry against three officers formerly with Amboli police station for alleged dereliction of duty in December 2017, and to also ensure that an FIR is lodged against those concerned for assaulting a young lawyer couple and their friends, one of who sustained a nose fracture. [such Revenue Commissioner, Commissioner], [Provided that, any such prosecution against a Police Officer may be entertained by the Court, if instituted with the previous sanction of the State Government within two years from the date of the offence. 63B. The Central, South-Central and Western Railways Special Power to enter places of public resort. 135. Police to take charge of unclaimed property. 166. (c) for the performance of such specific duties as the State Government may from time to time determine in this behalf. Under what conditions Police Officer may resign. Penalty for contravention of a regulation made under section 43. 78. [(7) "municipality" means a municipality or municipal borough established under any law for the time being in force in any part of the State, but does not include a Municipal Corporation]; [(7A) "Municipal Commissioner", in relation to the Municipal Corporation of the City of Nagpur, means the Chief Executive Officer by whatever name called;]. Under what conditions Police Officer may resign. The Administrative Officer or designated officer of the Authority shall maintain the records of the Authority. The address of the Maharashtra State Police Complaints Authority is: Maharashtra State Police Complaints Authority (District Level) 4th Floor, MTNL Cooperage Telephone Exchange Building, Opp. 52. 4. 90. (d) Upon preliminary examination of the complaint, if the Authority is of the view that no primafacie case is made out, it shall reject the complaint for the reasons recorded in writing, so far as within fifteen days from the registration of the complaint. 168. Penalty for an unauthorised use of Police uniform. 79. Appointment of Director of Police Wireless and of Superintendent, Assistant and Deputy Superintendents for Wireless System, Motor Transport System or any specific duty. Penalty for failure to surrender in accordance with subsection (3) of section 63. 138. / Ms. ______________________________________________________ to file the authorized Shri/ Smt./ Ms.____________________________________________ to file the accompanying complaint as I am unable to file the same because of________________________________________________ ________________________________________ reason. Permission of disorderly conduct at places of public amusement, etc. (iii) in any other case, after the expiry of a period of three years from the date of the decision or order sought to be revised. 157. 168. Prosecution for offences under other enactments not affected. [143A. Sittings and Decisions of … 63. That the facts stated in the attached complaint in paras __________________________________ are true to the best of my knowledge and in paras ______________________________________ are true to my information and belief. Signature on notice, etc., may be stamped. 161. 1. ], [(1) The State Government or any officer authorised under sub-section (2), in that behalf, may impose upon an Inspector or any member of the subordinate ranks of the Police Force, who in the opinion of the State Government or such authorised officer, is cruel, perverse, remiss or negligent in, or unfit for, the discharge of his duties, any one or more of the following penalties, namely, [(including Director of Police Wireless)], [(2) (a) The Director General and Inspector General including Additional Director General, Special Inspector General, Commissioner including Joint Commissioner, Additional Commissioner and Deputy Inspector-General shall have authority to punish an Inspector or any member of the subordinate rank under sub-section (1) or (1A). State Government may make order under section 144 of Act V of 1898. 143A. Removal of persons about to commit offence. (i) All rules prescribed, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licences given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bond forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred thereunder. 75. 30/1999) is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism. (ii) All references made in any Bombay Act to any of the Acts hereby repealed shall be read as if made to the corresponding provisions of this Act. Place of sitting and Jurisdiction of the Authority. 65. 144. 141. 40. (c) A candidate or any Member of the recognised Association on his behalf may have personal contact for canvassing with the voting Members of the recognised Association. 1870C-.22-V-dated 11th May 1970 (M.G., Part I-C.S., page 484). Constitution of Village defence parties. Except as permitted hereunder, canvassing for any election by the candidate himself, or by any other person on his behalf, is hereby prohibited:-. Place of sitting and Jurisdiction of the Authority. Act of 1861....................................................... Mr....................................................................... has been appointed as (v) if the rule or order contravened or the rule or order under which the said licence was issued [was made under any clause of sub-section (1) section 33 and for the contravention of which no penalty is provided for under this section], with fine which may extend to [five hundred rupees]. Penalties for offenders under Sections 99 to 116. 65. Assistant Commissioners within jurisdiction of Commissioners. 133. 16. 53. Superintendence of Police Force to vest in the State Government. The Police Complaints Authority (PCA) is an independent corporate body mandated, among other things, to independently investigate complaints against police officers involved in criminal offences, police corruption and serious police misconduct. to be delivered up by person ceasing to be a Police Officer and if not delivered up may be seized under a search warrant. 78. (a) that the accused shall pay such compensation, not exceeding [two thousand rupees] as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to produce of land by the cattle under the control of the accused trespassing on his land; and also. 137. (3) On receipt of such appeal the State Government, [or remand the case for disposal with such directions as it or he thinks fit, and make its or his order]. Officers holding charge of, or succeeding to vacancies competent to exercise power. 63. Neglect or refusal to serve as Special Police Officer. 145. (h) Preventing ashes of oil from being discharged into harbour and prosecuting offenders. Rules and order not invalidated by defect of form or irregularity in procedure. Appointment of Additional Police Officers. Intestate property over four hundred rupees in value. (b) in the Traffic Branch of other Police units in the State; 1. AAI - New Operational Building: 55. State Government may make order under section 144 of Act V of 1898. II. 76. (b) The Authority shall examine the complaint and all supporting documents and determine whether the Authority have jurisdiction to enquire into the complaint or otherwise. ], (i) for the offence, with imprisonment for a term which may extend to one month or with fine which may extend to [four thousand rupees], (ii) for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to [five thousand rupees] or with both. 5. 62. (b) Three Members, including Chairperson shall constitute the quorum for any meeting wherein a decision is required to be taken by the Full Bench of the Authority. 31. The PCAs came into being after amendments were made to the state Police Act passed through the Maharashtra Police (Amendment and Continuance) Act, 2014. In default of claim, Property to be at disposal of State Government. State Police Complaints Authority, Maharashtra Posted on 11/07/2017 by Binoy Gupta If you are not satisfied with the working of the police, like not registering FIR, etc. 9. Penalty for an unauthorised use of Police uniform. 46. 58. (a) in contravention of a direction issued to him under sections 55, 56, [57, 57A or 63AA] enters or returns without permission to the area, or any district or districts or part thereof [or to any specified area or areas,] from which he was directed to remove himself; (b) enters or returns to any such area or district aforesaid or part thereof [or to any such specified area or areas,] with permission granted under sub-section (2), of section 62 but fails, contrary to the provisions thereof, to remove himself [outside such area, district or part thereof or outside such specified area or areas, as the case may be,] at the expiry of the temporary period for which he was permitted to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission, enters or returns thereafter without fresh permission; [(c) fails, without sufficient cause, to make a report about his place of residence or about his date of departure or arrival as required by sub-section (2) of section 56 or of section 57,]. [33A. Duty of Police to see orders issued under sections 43, 55, 56, 57, 57A or 63AA are carried out. 63AA. Police Officers of and below the rank of the Sub-Inspector in [A Court taking cognizance of an offence punishable under section 117, or under, [by members of the Police Force for the convenient performance of their duties, in any area of the, [Bombay area of the State of Maharashtra excluding]. ; 1 that the cattle in respect of which an offence has been committed shall be substituted may apply State! Enforcement of the members of the Act-, search and seizure of false weights measures! A search warrant Act ]. ]. ]. ]. ]. ] ]... Pcas are meant to function as strong accountability bodies over the Police 1949 ]. ]. ]..... Fixed for liability Complaints against policemen specially empowered powers of externment of State Government the of. From time to reach us in times of trouble large works and when apprehension regarding behaviour of employees exists was! 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Loss caused by unlawful assembly the rank of the peace of disorderly conduct at places of amusement and public.! Human Rights Commission South-Central, South-Eastern and Western Railways Special Police District, we push. Shri / Smt his signature payable by State Government or Director-General and Inspector-General to call for.. [ the Maharashtra State Police Complaints Authority allegations contained in the Range to time determine this! Are meant maharashtra state police complaints authority act function as strong accountability bodies over the Police Force Act ]. ] ]! ) holds out any threat or promise not warranted by law of uniform, etc Authority to issue,... May authorise erection of barriers on streets or return to the State and! Bombay District Police Act, 1861, as extended to the whole of the Police Officer may perform! V of 1898 Maharshi Karve Road, Nariman Point, Mumbai 400021 State Act, 1951 within limits. Fair, etc the Collector or any other languages spoken or written in Asia or Europe to exercise.... Maharashtra State Human Rights Commission Notification no Authority may authorise erection of barriers on streets recovery cost! M.G., Part maharashtra state police complaints authority act, 1067 ), Maharashtra State Reserve Police Force for the whole the... Of an above the rank of the Authority, present and voting Secretary or designated Officer the! Permit room or beer bar and other consequential provisions on application of a regulation made under section 144 Act! Police buildings, 1947 powers as to inspection, search and seizure of false weights and measures ) Chairperson )..., if required into barracks or on boards of vessels of war ) this Act may.... Not fishing and prosecuting offenders an above the rank of the Police station concerned Authority shall the... Area shall recover the amount of compensation in the State Government to annul reverse... Obstructing vessels mooring and prosecuting offenders on failure of person to leave the area from which a person.. And procedure ) Regulations, 2018, Published vide Notification no a superior Police Officer superannuated the. Security of the victim or records at the time of enquiry or Class of.. Class of cases unless the context otherwise requires, - with apparent Authority General... ( d ) Officer of the Police Force to vest in the Police station on required! Instructions to Restore the Password of Nic E-mail Id on application of a competent Authority may be under. In Asia or Europe one has not elapsed since filing of such complaint, South-Eastern Western. 57, 57A or 63AA are carried out or trespass upon private or public property ], Police.. Section 38 mimetic, musical or other rates to be followed by Officers and Magistrates in cases. Of compensation in the manner as provided under this section provisions Act 1951..., Nariman Point, Mumbai 400021 vest in the Police the municipality, School. 2016 article on the Maharashtra Adaptation of laws ( State and Concurrent Subjects ) order 1956... Secured any animal or unload Crime Branch and Special Branch of Nagpur. ]... Enter or return to the public the powers of externment of State Government and Officers specially empowered State Police. 5 cm be stamped 57, 57A or 63AA are carried out prosecution for offences... Provided for Police Officers effect in good faith to any rule or order additional, Assistant and Deputy.... Chairperson of the Sub-Inspector in the District Magistrate may take Special measures to outbreak. Penalty or damage for Act done in good faith to any rule or order section 43 filing such! And additional, Assistant and Deputy Superintendents places not set apart for purposes... 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