The Bombay Village Police (Appointments And Disciplinary Action By Sub-Divisional Magistrates, Validation) Act, 1967.

English — official source version

the_bombay_village_police....._act,_1967..pdf.txt

1967 : Mah. VI]  1 

 

 

THE BOMBAY VILLAGE POLICE (APPOINTMENTS AND DISCIPINARY  

ACTION BY SUB-DIVISIONAL MAGISTRATES, VALIDATION) ACT, 1967 

                  [Text as on 4
th
 April 2024] 

————— 

CONTENTS. 

PREAMBLE. 

SECTIONS.  

 1.  Short title and commencement.  

 2.  Amendment of section 3 of Bom. VIII of 1867.  

 3. Validation of appointments of and disciplinary action taken against Police-  

      patels by certain Sub-Divisional Magistrates and of orders made by the  

      Commissioners and State Government in respect of such appointments and 

      action, etc. 

 4. Repeal of Maharashtra Ordinance II of 1967.



2  The Bombay Village Police (Appointments And Disciplinary [1967 : Mah. VI 

Action By Sub-Divisional Magistrates, Validation) Act, 1967 

 



1967 : Mah. VI]  The Bombay Village Police (Appointments And Disciplinary 3 

Action By Sub-Divisional Magistrates, Validation) Act, 1967 

 

MAHARASHTRA ACT No. VI of 1967
1
 

[THE BOMBAY VILLAGE POLICE (APPOINTMENTS AND DISCIPLINARY  

ACTION BY SUB-DIVISIONAL MAGISTRATES, VALIDATION) ACT, 1967.] 

       [17
th
 April 1967] 

An Act to validate the appointment of Police-Patels, by certain Magistrates not 

being District Magistrates, and for matters connected therewith. 

WHEREAS, the High Court of judicature at Bombay has in certain cases decided that section 3 of 

the Bombay Village Police Act, 1867 (Bom. VIII of 1867) (which gives power to the Commissioner of 

control and direction of the administration of the village police exercised by the Magistrate of a district, 

and gives power to such Magistrate to delegate any portion of his power to another Magistrate) does 

not give authority to such Magistrate of the district to delegate the powers of appointment of, and 

disciplinary action against, Police-patels to a Magistrate subordinate to him and, therefore, the 

purported delegation of the power of the Magistrate of the district to Sub-Divisional Magistrates to 

appoint Police-patels, and to take disciplinary action against Police-patels, under section 9, is 

unauthorised, and of no effect; 

AND WHEREAS, it is necessary to give power to the Magistrate of a district to delegate to Sub-

Divisional Magistrates the power to appoint Police-patels and to take disciplinary action against them, 

and to validate the appointments already made and any disciplinary action already taken by such Sub-

Divisional Magistrates under powers which were purported to be delegated to them under section 3 as 

aforestated, and it is necessary also to provide for matters connected therewith; It is hereby enacted in 

the Eighteenth Year of the Republic of India as follows:— 

1. Short title and commencement.— (1) This Act may be called the Bombay Village Police 

(Appointments and disciplinary action by Sub-Divisional Magistrates, Validation) Act, 1967. 

(2) It shall be deemed to have come into force on the 25
th
 day of January 1967. 

2. Amendment of section 3 of Bom. VIII of 1867.— In section 3 of the Bombay Village Police 

Act, 1867 (Bom. VIII of 1867), for the portion beginning with the words “the Commissioner, be 

exercised” and ending with the words “any portion thereof”, the following shall be, and shall be 

deemed always to have been, substituted, namely:— 

“ the State Government and the Commissioner, be exercised by the Magistrate of the district, who 

may, with the sanction of the State Government or the Commissioner, delegate all or any of the powers 

conferred on or exercisable by him by or under any of the provisions of this Act, including the power 

to appoint Police-patels under section 5 and also the power under section 9 to take action against 

Police-patels or members of a village establishment liable to be called on for performance of Police 

duties” 

3. Validation of appointments of and disciplinary action taken against Police-patels by 

certain Sub-Divisional Magistrates and of orders made by the Commissioners and State 

Government in respect of such appointments and action, etc.— Any appointment of a Police-patel 

made, or any disciplinary action taken against such patel, or any member of a village establishment 

under section 9, by any Magistrate by virtue of the powers of the Magistrate of the district purported to 

have been delegated to him under the Bombay Village Police Act, 1867 (Bom. VIII of 1867), and any 

orders made by the State Government or the Commissioner in the purported exercise of its or his 

powers of supervisory authority and control in respect of any such appointment or disciplinary action, 

at any time before the commencement of this Act, shall be deemed to have been made or taken, by or 

under the Bombay Village Police Act, 1867 (Bom. VIII of 1867), as amended by this Act. And 

accordingly, notwithstanding anything in any judgement, decree or order of any Court, any such 

appointment, disciplinary action or order shall be deemed to have been validly made or taken; and any 

such appointment, disciplinary action or order or anything done by the Police-patels in the exercise of 

                                                   
1  For Statement of Objects and Reasons, See Maharashtra Government Gazette, 1967, Part- V, page 9. 



4  The Bombay Village Police (Appointments And Disciplinary [1967 : Mah. VI 

Action By Sub-Divisional Magistrates, Validation) Act, 1967 

 

their powers by or under the Bombay Village Police Act, 1867 (Bom. VIII of 1867) or any other law 

for the time being in force shall not be called in question (or if questioned shall not be maintained) in 

any Court or before any tribunal or authority merely on the ground that the Magistrate had no power to 

make the appointment or to take the action, or that the State Government or the Commissioner had no 

power to interfere in the matter, or had not exercised its or his powers for such interference by or under 

some other provision of that Act or that the Police-patel was not properly appointed, nor on any ground 

consequential to the grounds aforesaid. 

4. Repeal of Maharashtra Ordinance II of 1967.— The Bombay Village Police (Appointments 

and disciplinary action by Sub-Divisional Magistrates, Validation) Ordinance, 1967 (Mah. Ord. II of 

1967), is hereby repealed.