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the_maharashtra_state_commissioners_of_police_act..pdf.txt
1959 : LVI] 1
THE MAHARASHTRA STATE COMMISSIONERS OF POLICE ACT
[Text as on 28th November 2023]
_________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Amendment of enactments; power of State Government to confer powers and impose duties on
Commissioner of Police under any law.
4. Existing appointments, notifications, etc., by Superintendent of Police and, where District
Magistrates powers are conferred in substitution on Commissioner of Police, by District
Magistrate, to be deemed to have been made by Commissioner of Police.
5. Construction of references to Superintendent of Police in existing laws.
6. Construction of references to Superintendent of Police and District Magistrate in instruments
or documents.
7. Pending proceedings before Superintendent of Police and District Magistrate.
8. Pending legal proceedings.
9. Power to remove difficulties.
SCHEDULE
2 The Maharashtra State Commissioners of Police Act. [1959 : LVI
1959 : LVI] The Maharashtra State Commissioners of Police Act 3
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
2. Amended by Mah. 46 of 1962
3. Amended by Mah. 24 of 2012 (22-8-2012)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra State Commissioners of Police Act. [1959 : LVI
1959 : LVI] The Maharashtra State Commissioners of Police Act 5
ACT No. LVI OF 19591
[THE MAHARASHTRA STATE COMMISSIONERS OF POLICE ACT.]
[This Act received the assent of the President on the 9th October 1959; assent was first
published in the “Bombay Government Gazette” on the 14th October 1959.]
An Act to make provision for matters consequent on appointment of a Commissioner
of Police for any area in the State of Bombay outside Greater Bombay.
WHEREAS it is expedient to make provision for matters consequent on appointment of a
Commissioner of Police for any area in the State of Bombay outside Greater Bombay; It is hereby
enacted in the Tenth year of the Republic of India as follows :—
1. Short title, extent and commencement.— (1) This Act may be called 2[the Maharashtra State
Commissioners of Police Act].
(2) It extends to the whole of the 3[State of Maharashtra].
(3) It shall come into force on such 4date as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,––
(a) “Commissioner of Police” means the Commissioner of Police appointed by the State
Government for any area in the 5[State of Maharashtra] outside Greater Bombay under the
6Bombay Police Act, 1951(Bom. XXII of 1951), and includes an Additional Commissioner of
Police and a Deputy Commissioner of Police 7[* * *] who under the orders of the
Commissioner of Police exercises and performs any of his powers and duties;
(b) “existing law” means any enactment of a Legislature or other competent authority in
relation to matters specified in Lists II and III in the Seventh Schedule to the Constitution of India
in force in any part of the 8State of Bombay immediately before the commencement of this Act
9[and in force in any part of the State of Maharashtra on the 1st day of May 1960] and includes
any rule, by-law, regulation, order, notification, scheme, form or other instrument having the
force of law made, prescribed or issued under any such enactment;
(c) “law for the time being in force” means any law relating to matters enumerated in Lists
II and III in the Seventh Schedule to the Constitution of India and for the time being in force in
any part of the 10[State of Maharashtra];
(d) “Schedule” means the Schedule appended to this Act.
3. Amendment of enactments; power of State Government to confer powers and impose
duties on Commissioner of Police under any law.— (1) For the purpose of conferring powers and
imposing duties on a Commissioner of Police and for certain other purposes, the enactments specified
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, page 597.
2 The short title of the Act was amended for “the Bombay State Commissioners of Police Act, 1959” by Mah. 24 of 2012,
ss. 2, Schedule, entry 78, w.e.f. 1-5-1960.
3 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
4 4th January 1960, vide G. N., H. D., No. PRS. 5459/C. 2098 (a) published in B. G. G. 24-12-1959, Part IV-B, p. 1692.
5 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
6 The words “State of Bombay” shall stand unmodified Maharashtra Adaptation of Laws (vide, State and Concurrent
Subjects) Order, 1960.
7 The words “or Assistant Commissioner of Police” were deleted by Mah. 46 of 1962, s. 3, Sch.
8 The words “State of Bombay” shall stand unmodified Maharashtra Adaptation of Laws (vide, State and Concurrent
Subjects) Order, 1960.
9 This portion was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
6 The Maharashtra State Commissioners of Police Act. [1959 : LVI
in column 1of the Schedule shall be amended in the manner and to the extent specified in column 2
thereof.
(2) The Commissioner of Police appointed under the 1Bombay Police Act, 1951 (Bom. XXII of
1951), as amended by the Schedule shall exercise the powers and discharge the duties conferred and
imposed on the Commissioner of Police for a presidency town or Greater Bombay by any law for the
time being in force, including the enactments referred to in sub-section (1) as amended by the
Schedule.
(3) The State Government may by notification in the Official Gazette amend or delete any entry
in the Schedule for the purpose of imposing any conditions or restrictions on the exercise of powers
and discharge of duties conferred or imposed on the Commissioner of Police or withdraw them, as the
case may be, and the Schedule shall be amended accordingly.
(4) The State Government may confer and impose on the Commissioner of Police powers and
duties under any other enactment for the time being in force and for that purpose may, by a notification
in the Official Gazette, add to or specify in the Schedule the necessary adaptations and modifications in
that enactment by way of amendment, and thereupon––
(a) every such enactment shall accordingly be amended and have effect subject to the
adaptations and modifications made, and
(b) the Schedule shall be deemed to be amended by the inclusion therein of the said
provision for amending the enactment.
(5) The State Government may at any time in like manner cancel a notification under sub-section
(4), and thereupon the relevant enactment shall stand unamended by the cancelled notification and the
Schedule shall be altered accordingly.
4. Existing appointments, notifications, etc., by 2[Superintendent of Police] and, where
District Magistrate’s powers are conferred in substitution on Commissioner of Police, by District
Magistrate, to be deemed to have been made by Commissioner of Police.— On the appointment of
the Commissioner of Police for any area, any appointment, notification, order, rule, regulation, by-law,
form, licence, instrument or, document made, prescribed, issued or executed or deemed to have been
made, prescribed, issued or executed by the 3[Superintendent of Police] and, where any powers and
duties of a District Magistrate are conferred in substitution on a Commissioner of Police by virtue of
this Act or any enactment in the Schedule, by the District Magistrate, shall be deemed to have been
made, prescribed, issued or executed by the Commissioner of Police and continue in operation unless
and until it is superseded or modified by the Commissioner of Police.
5. Construction of references to 4[Superintendent of Police] in existing laws.— Subject to the
provisions made in the Schedule, when a Commissioner of Police is appointed for any area, all existing
laws shall, unless the context otherwise requires, for the purposes of that area be construed as if
references therein to the 5[Superintendent of Police] were references to the Commissioner of Police.
6. Construction of references to 6[Superintendent of Police] and District Magistrate in
instruments or documents.— All instruments or documents executed or made before the appointment
of a Commissioner of Police for any area under or with reference to any existing law or any enactment
specified in the Schedule shall, unless the context otherwise requires, be construed as if references
therein to the 7[Superintendent of Police] or, where any powers and duties of a District Magistrate are
conferred in substitution on a Commissioner of Police by virtue of this Act or any enactment in the
Schedule, to the District Magistrate, were references to the Commissioner of Police for that area.
1 The short title of the Act was amended as “the Maharashtra Police Act” by Mah. 24 of 2012, Sch., entry 45, w.e.f.
1-5-1960.
2 These words were substituted for the words “District Superintendent of Police” by Mah. 40 of 1962, s. 3, Sch.
3 These words were substituted for the words “District Superintendent of Police” by Mah. 40 of 1962, s. 3, Sch.
4 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
5 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
6 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
7 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
1959 : LVI] The Maharashtra State Commissioners of Police Act 7
7. Pending proceedings before 1[Superintendent of Police] and District Magistrate.— All
proceedings, including proceedings by way of appeals, revision or review, pending under any existing
law before the 2[Superintendent of Police] or, where any powers and duties of a District Magistrate, are
conferred in substitution on a Commissioner of Police by virtue of this Act or any enactment in the
Schedule, before the District Magistrate, immediately before the date of appointment of the
Commissioner of Police for any area, shall be transferred to the Commissioner of Police for that area
for disposal according to law.
8. Pending legal proceedings. — If on the date of appointment of a Commissioner of Police for
any area, any legal proceedings are pending to which a 3[Superintendent of Police] is a party or, where
any powers and duties of a District Magistrate are conferred in substitution on a Commissioner of
Police by virtue of this Act or any enactment in the Schedule, a District Magistrate for that area is a
party, the Commissioner of Police shall be substituted for the 4[Superintendent of Police] or, as the
case may be, for the District Magistrate in the said proceedings.
9. Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of
this Act, the State Government may by order do anything not inconsistent with such provisions which
appears to it to be necessary or expedient for the purpose of removing the difficulty.
SCHEDULE
(See section 3)
1 2
5The Bombay Police Act, 1951
(Bom. XXII of 1951).
1. In section 2, in clause (5), for the words “Greater Bombay”
the words and figure “any area for which a
Commissioner of Police has been appointed under
section 7” shall be substituted.
2. In section 11,––
(a) in sub-section (1), for the words “for Greater Bombay”
the words and figure “for any area for which a
Commissioner of Police has been appointed under
section 7” shall be substituted;
(b) for the marginal note, the following shall be substituted,
namely:––
“Superintendents within jurisdiction of
Commissioners.”
3. In section 12, in sub-section (1),—
(a) for the words “for Greater Bombay” the words “for any
area” shall be substituted;
(b) for the words “within the Greater Bombay” the words
“within the area under his charge” shall be substituted.
4. In section 33, in sub-section (4), for the words “any area
outside Greater Bombay” the words “any area which is
not under the charge of a Commissioner” shall be
substituted.
1 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
2 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
3 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
4 These words were substituted for the words “District Superintendent of Police” by Mah. 46 of 1962, s. 3, Sch.
5 The short title of the Act was amended as “the Maharashtra Police Act”, ibid., Sch., entry 45, w.e.f. 1-5-1960.
8 The Maharashtra State Commissioners of Police Act. [1959 : LVI
SCHEDULE
1 2
5. In section 63AA, in sub-section (1), for the words “in
Greater Bombay” the words “in any area for which a
Commissioner is appointed” shall be substituted.
6. In section 82, in sub-section (2), for the words “In Greater
Bombay” the words “In any area for which a
Commissioner has been appointed” shall be substituted.
7. In section 83,––
(a) in sub-section (1), for the words “In Greater Bombay”
the words “In any area under the charge of a
Commissioner” shall be substituted;
(b) in sub-section (2), for the words “In areas outside
Greater Bombay” the words “In areas outside the
charge of a Commissioner” shall be substituted.
8. In section 89, for the words “In any area outside Greater
Bombay” the words “In any area outside the charge of a
Commissioner” shall be substituted.
9. In section 90, in sub-section (1), for the words “In Greater
Bombay” the words “In any area under the charge of a
Commissioner” shall be substituted.
10. In section 90A, in sub-section (1), for the words “Greater
Bombay” the words “any area under the charge of a
Commissioner” shall be substituted.
11. In section 91, for the words “Greater Bombay” the words
“any area under the charge of a Commissioner” shall be
substituted.
12. In section 95, in sub-section (1), for the words “Greater
Bombay” the words “any area under the charge of a
Commissioner” shall be substituted.
13. In section 96,––
(a) in sub-section, (1), in clause (i), for the words
“Greater Bombay” the words “any area under the
charge of a Commissioner” shall be substituted ;
(b) in sub-section (2), for the words “Greater Bombay”
the words “any area under the charge of a
Commissioner ” shall be substituted ;
(c) in sub-section (3), after the words “Greater
Bombay” the words “and any other area for which
a Commissioner has been appointed” shall be
inserted.
14. In section 119, for the words “outside Greater Bombay” the
words “in any area for which a Commissioner has not
been appointed” shall be substituted.
1959 : LVI] The Maharashtra State Commissioners of Police Act 9
SCHEDULE
1 2
15. In Schedule II, for the words “Greater Bombay” the
following shall be substituted, namely:––
“Greater Bombay/Area under the charge of the
Commissioner for . . . . . . . . . . . . . . . . . ”.
The Code of Criminal
Procedure, 1898 (V of
1898).
1. In section 83, in sub-section (1), the words “in a presidency-
town” shall be deleted.
2. In section 85, the words “in a presidency-town” shall be
deleted.
3. To section 373, the following proviso shall be added,
namely:––
“Provided further that, if the proceedings were
commenced in any area outside Greater Bombay for
which a Commissioner of Police has been appointed the
Court of Session shall send such copy to the
Commissioner of Police for that area.”
1The Bombay Prevention of
Gambling Act, 1887 (Bom.
IV of 1887).
1. In section 6, in clause (i) for the words “in the Greater
Bombay” the words “in any area for which a
Commissioner of Police has been appointed” shall be
substituted.
2. In section 11, for the words “in the Greater Bombay” the
words “in any area for which a Commissioner of Police
has been appointed” shall be substituted.
2The Bombay Public
Conveyances Act, 1920
(Bom. VII of 1920).
1. In section 2, for clause (a) the following shall be substituted,
namely :––
(a) “Commissioner of Police’ means––
(i) the Commissioner of Police for Greater Bombay,
and
(ii) where the rest of the Act or any portion thereof has
been extended to any other area and a Commissioner of
Police has been appointed for that area, the
Commissioner of Police for that area ;
and includes any person authorised by the Commissioner of
Police concerned to exercise or perform any power or duty
imposed or conferred on him by this Act ;”.
2. In section 36, in sub-section (2), in clause (a), after the word
“shall” the words “where no Commissioner of Police has
been appointed” shall be inserted.
3The Bombay Entertainments
Duty Act, 1923 (Bom. 1 of
1923).
1. In section 6, in sub-section (1) for the words “the Greater
Bombay” the words “any area for which a Commissioner of
Police has been appointed” shall be substituted.
1 The short title of this Act was amended as “the Maharashtra Prevention of Gambling Act” by Mah. 24 of 2012, Sch.,
entry 9, w.e.f. 1-5-1960.
2 The short title of this Act was amended as “the Maharashtra Public Conveyances Act” Nord., entry 14.
3 The short title of this Act was amended as “the Maharashtra Entertainments Duty Act”, ibid., Sch., entry 15, w.e.f
10 The Maharashtra State Commissioners of Police Act. [1959 : LVI
SCHEDULE
1 2
2. In section 8, in sub-section (1) for the words “in the Greater
Bombay” the words “in any area for which a Commissioner
of Police has been appointed” shall be substituted.
The Bombay Beggars Act,
1945 (Bom. XXIII of
1945).
In section 28, in sub-section (1) for the words “in the Greater
Bombay” the words “in any area for which a
Commissioner of Police has been appointed” shall be
substituted.
The Bombay Provincial
Municipal Corporations
Act, 1949 (Bom. LIX of
1949).
In section 234, for the portion beginning with the words
“With the concurrence” and ending with the words “from
time to time” the following shall be substituted, namely :–
“With the concurrence, in any area for which a
Commissioner of Police has been appointed, of the
Commissioner of Police or any officer nominated by
him and elsewhere, of the District Magistrate or any
officer nominated by him”.
The Indian Lunacy Act, 1912
(IV of 1912).
In section 17,––
(a)
(b)
(c)
for the words “in the Presidency-towns” the words
“in the areas for which the Commissioners of Police
have been appointed” shall be substituted;
for the words “any of the Presidency-towns” the
words “any of the said areas” shall be substituted ;
in the marginal note, for the words “in the
Presidency-town” the words “in the area under his
charge” shall be substituted.
The Identification of Prisoners
Act, 1920 (XXXIII of
1920).
In section 7, for the words “in Greater Bombay” the words
“in any area for which a Commissioner of Police has been
appointed” shall be substituted.
The Police (Incitement to
Disaffection) Act, 1922
(XXII of 1922).
In section 5, after the words “a Presidency-town” the words
“or any other area under the charge of a Commissioner of
Police,” shall be inserted.
The Prevention of Corruption
Act, 1947 (II of 1947).
In section 5-A, in the clause (b) after the words Presidency
town of Bombay” the words “and any other area for which
a Commissioner of Police has been appointed” shall be
inserted.
Open official source version ↗About this act
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- Maharashtra
- Enactment date
- 1959-10-14
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Read the sections
1Short title, extent and commencement.→2Definitions.→3Amendment of enactments; power of State Government to confer powers and impose duties on Commissioner of Police under any law.→4Existing appointments, notifications, etc., by 2 Superintendent of Police and, where District Magistrate’s powers are conferred in substitution on Commissioner of Police, by District Magistrate, to be deemed to have been made by Commissioner of Police.→5Construction of references to Superintendent of Police in existing laws.→6Construction of references to Superintendent of Police and District Magistrate in instruments or documents.→7Pending proceedings before Superintendent of Police and District Magistrate.→8Pending legal proceedings.→9Power to remove difficulties.→
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India Code, Government of India. Text fetched 23 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.