Regulation, Control and Discipline of the Police Force Under Chapter III from sections 23 to 32 of the Maharashtra Police Act 1951

Regulation, Control and Discipline of the Police Force

Chapter III from sections 23 to 32 of the Maharashtra Police Act 1951  deals with Regulation, Control and Discipline of the Police Force

Section 23: Framing of Rules for Police Administration

(1)     Regulation of Inspections: Rules can be made to regulate inspections of the Police Force.

(2)     Equipment and Necessities: Rules determine the type and quantity of arms, clothing, and other necessities provided to the police.

(3)     Residence: Rules specify the terms and conditions for police officers residing in government-provided premises.

(4)     Police Fund: Rules govern the institution, management, and regulation of Police Funds.

(5)     Distribution and Location: Rules regulate the distribution, movements, and location of police officers.

(6)     Duties and Powers: Rules assign duties and prescribe the manner and conditions for exercising powers by police officers.

(7)     Intelligence Gathering: Rules guide the collection and communication of intelligence and information.

(8)     Efficiency and Discipline: Rules aim to ensure the efficiency of the police force and prevent abuse or negligence of duties.

Section 24: Director-General and Inspector-General's Authority

(1)     Requesting Information: The Director-General and Inspector-General can request information and reports related to crime suppression and order maintenance.

(2)     Communication of Orders: Orders issued by the Director-General and Inspector-General are communicated to the District Magistrate and the Revenue Commissioner.

(3)     Commissioner's Authority: The Commissioner also has similar authority within their jurisdiction.

Section 25: Punishment for Neglect of Duty

(1)     Punishment Options: Penalties that may be imposed on police officers for neglect of duty, cruelty, negligence, or misconduct include financial recovery, suspension, rank reduction, removal from office, compulsory retirement, or dismissal.

(2)     Suspension During Inquiry: Suspension pending an inquiry into an officer's conduct is not considered a punishment under this section.

Section 26: Procedure for Awarding Punishment

Punishment Procedure: This section outlines the procedure to be followed when awarding punishment to police officers. It follows the prescribed procedure, except in certain cases as specified.

Section 27: Appeals from Punishment Orders

(1)     Right to Appeal: Police officers have the right to appeal against orders of punishment.

(2)     No Enhanced Punishment: Appeals cannot result in enhanced or more severe punishments unless proper notice is given, and causes for enhancement are considered.

Section 28: Police Officers Always on Duty

(1)     Continuous Duty: Police officers are considered to be on duty at all times.

(2)     Statewide Deployment: They can be deployed anywhere in the state as directed by the State Government.

Section 29: Resignation Conditions for Police Officers

(1)     Resignation Restrictions: Police officers, except for Constables, can only resign with written permission.

(2)     Debt Settlement: Resignation is contingent on settling any debts owed to the government or Police Fund.

Section 30: Surrender of Certificate and Equipment

(1)     Handing Over: Departing police officers must return their certificates, equipment, and other provided items.

(2)     Seizure: A magistrate or authorized officer can issue a warrant to seize these items if not returned.

Section 31: Occupying and Vacating Premises

(1)     Occupation Conditions: Police officers occupying government-provided premises must comply with specified conditions.

(2)     Vacating: They must vacate when required by the State Government or authorized officers.

Section 32: Section 144 Orders

State Government's Power: The State Government can issue orders similar to those under Section 144 of the Code of Criminal Procedure when necessary.

Written By :  Harshavardhan Prakash Deshmukh,

B.A.LL.B. :  Modern Law College, Pune

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