Special measures for Maintenance of Public Order and Safety of State Under the Maharashtra Police Act 1951
Special measures for Maintenance of Public Order and Safety of State
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
Sections 60 and 62 detail the
enforcement measures if individuals do not comply with removal orders.
(1)
Section 61 establishes
the finality of orders, except on specific grounds.
(2)
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,
B.A.LL.B. : Modern Law College, Pune
Dabangg Lawyer Page ( 65K+ Followers ) - https://www.instagram.com/dabangglawyer/
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home