Chapter II from sections 3 to 22-A of The Maharashtra Police Act 1951 deals
with Superintendence, control and organization of the Police Force
Sec 3. One Police Force for the whole of the State of Maharashtra. �
There shall be one Police Force for the whole of the State of Maharashtra and
such Police Force shall include every Police officer referred to in clause (6)
of section 2]:
Sec 4. Superintendence of Police Force to vest in the State Government. �
The State Government in Maharashtra has complete control over the Police Force
in the state. The government official from the Home Department, who might be
called Secretary, Home Secretary, Special Secretary, Additional Chief Secretary,
or something similar, oversees and manages the police force.
Sec 5. Constitution of Police Force.
Sec 6. Inspector-General, Additional and Deputy Inspector-General
- The State Government in Maharashtra can decide how many police officers
there should be, how they are organized into different ranks, and what authority
and responsibilities they have.
- The recruitment, pay, allowances and all other conditions of service of
the Police Force shall be determined by the State Government by general or
�Nothing in this clause shall apply to the members of the Indian Police and
Indian Police Service.
Sec 7. Commissioner
The State Government can:
- The state government appoints a top police officer known as the
Director-General and Inspector-General of Police. This officer has specific
powers and duties defined by the government.
- Additionally, the government can appoint other high-ranking police
officers and delegate certain powers and responsibilities to them. These
additional officers can also assist and support the Director-General in
their duties as directed by the government's orders.
Sec 10. Deputies to Commissioner
- Choose a Police Officer to be the Commissioner of Police for Greater
Bombay or other specified areas, as announced officially.
- Appoint additional senior officers like Additional Commissioners of
Police and Joint Commissioners for these areas.
- The Commissioner of Police has specific powers and responsibilities as
defined by the law and government orders, which can be general or specific
Sec 11. Assistant Commissioners within jurisdiction of Commissioners
- The State Government can appoint one or more Deputy Commissioners of
Police in Greater Bombay or in areas where a Commissioner is already
- These Deputy Commissioners of Police work under the orders of the
Commissioner and can perform many of the same powers and duties as the
Commissioner. However, they cannot exercise certain powers, such as the
ability to create, change, or cancel rules under section 33.
Sec 12. Constitution of Divisions and Sections.
The Commissioner of Police, under the control of the State Government, can do
the following for the area under their responsibility:
- The State Government can appoint Assistant Commissioners of Police for
areas where a Commissioner of Police has been appointed under section 7.
- These Assistant Commissioners have specific powers and responsibilities
that they can perform according to the law or as assigned by the
Commissioner, but they cannot exercise certain powers like making, changing,
or canceling rules under section 33, which is reserved for the Commissioner
- Create police divisions.
- Break those divisions into smaller sections.
- Define the boundaries and size of these divisions and sections.
Each division will be led by an Assistant Commissioner, and each section will be
led by an Inspector of Police
Sec 12A. Inspectors.
Inspectors in the police force can be appointed by the Commissioner for their
specific area or by the Director-General and Inspector-General for other
areas.These appointments are made based on the general or special orders given
by the State Government.
Sec 14. Certificate of appointment
Sec 15. Effect of suspension of Police Officer.
- When a police officer, typically of the rank of Inspector or below, is
appointed, they receive a certificate as proof of their appointment.( As
Provided In Schedule II ) This certificate is issued under the authority of
a designated officer as directed by the State Government.
- If the person named in the certificate leaves the police force or is
suspended, the certificate becomes invalid or ineffective during that
when a police officer is suspended from their duties, they lose their powers,
functions, and privileges temporarily. However, they still remain a police
officer and are under the authority and control of the same officials as if they
were not suspended.
Sec 16. General Powers of Commissioner and Superintendent
The Commissioner Is subject to the orders of the Director-General and
Inspector-General and The Superintendent subject to the orders of the
Director-General and Inspector-General and the District Magistrate,
They have the authority to oversee and manage various aspects of the police
force's activities. This includes things like handling weapons, training,
monitoring people and events, coordinating duties, understanding laws and
procedures, and managing day-to-day tasks to ensure the police force operates
effectively within their respective areas of responsibility.
Sec 17. Control of District Magistrate over Police Force in district:
Sec 18. Power of District Magistrate to require reports from
- The Superintendent (head of police) and the entire police force in a
district are under the authority of the District Magistrate.
- The District Magistrate must follow rules and orders set by the State
Government for managing the police force, and they must also obey lawful
orders from the Revenue Commissioner.
The District Magistrate has the authority to ask the Superintendent of Police
for reports, either specific or general, on various matters related to crime,
repeat offenders, keeping the peace, controlling gatherings and events,
deploying police officers, assessing the behavior of subordinate police
officers, using additional resources, and any other matters related to
maintaining order and controlling the police force.
Sec 19. Power of supervision by District Magistrates:
- If the District Magistrate notices that a police officer working under
the Superintendent is not suitable for their job or is ineffective for that
area's needs, the District Magistrate can ask the Superintendent to replace
that officer with another. The Superintendent must follow this request.
- However, if the officer is of a higher rank than an Inspector, the
District Magistrate can report their behavior to the Director-General and
Inspector-General. The Director-General and Inspector-General will then
decide what action to take and inform the District Magistrate of their
Sec 20. Power of Director-General and Inspector-General and Commissioner to
investigate and regulate matters of Police accounts
The Director-General and Inspector-General, statewide, and the Commissioner in
their specific area, can investigate and manage all the matters related to the
police. Everyone involved must cooperate with them, provide necessary
assistance, and follow their instructions as long as they are in line with the
State Government's orders.
Sec 21. Special Police Officers:
Sec 22. Appointment of Additional Police Officers:
- The Commissioner, Superintendent, or a specially authorized Magistrate
can appoint a capable man between the ages of 18 and 50 as a Special Police
Officer. This appointment happens with a written order, the officer's
signature, and their seal. It's done when there's a fear of a riot or
serious disturbance of peace, and the regular police force isn't enough to
protect people and property.
- Special Police Officers, once appointed, receive a certificate approved
by the State Government. They have the same powers, rights, and
responsibilities as regular police officers, along with the same duties and
Sec 22A. Appointment of Railway Police.
- Additional police officers can be employed or sent for a specific
period, with determined pay, as decided by the authority specified in the
law for this purpose.
- When appointed, these additional police officers receive a certificate
approved by the State Government. The certificate specifies the powers,
rights, and duties they have. They also follow the orders of the
Commissioner or Superintendent, depending on the case.
- These additional police officers can be requested by anyone needing
extra police assistance. The cost of employing them will be collected in the
manner explained by this law or any other applicable law.
The State Government can create special police districts covering specific
railway areas and appoint police officers for them.
These officers handle railway-related policing and other assigned tasks,
following the State Government's orders. Some can act like station officers in
their areas. They have regular police powers and responsibilities throughout the
state, and the Superintendent of Police can delegate some of their powers with
State Government approval.
Written By: Harshavardhan Prakash Deshmukh
, 4th Year Of B.A.LL.B. - Modern Law College, Pune