Maharashtra Police Act 1951
Section 2 :
Definitions :
In this Act, unless there is anything repugnant in the subject or context,-
(1) “cattle” includes elephants, camels, horses, asses, mules, sheep, goats and swine;
1.[(1A)”Competent Authority ” means the Competent Authority mentioned in section 22N ;]
(2) “Corporation” means a Corporation constituted under the Bombay Municipal Corporation Act or the Bombay Provincial Municipal Corporations Act, 1949 2.[of the City of Nagpur Corporation Act, 1948];
(3) The expression “competent authority” when used with reference to the exercise of performance of any power, duty or function under the provisions of this Act, means-
(a) in relation to 20.[Brihan Mumbai] and other areas for which a Commissioner of Police is appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause (a), the District Magistrate or the 3.[Superintendent] or the Additional Superintendent when specially empowered in that behalf by the State Government;
4.[(c) in relation to a revenue division, the Revenue Commissioner;]
(4) “constable” means a police officer of the lowest grade;
5.[(4A) “dancing school” means any place (by whatever name called) where dancing of any kind is taught to, or practised by, persons on admission thereto either on payment of fees or with or without any other consideration; but does not include any institution where dancing is taught or practised as one of the subject of its curriculum and the institution is for the purposes of this Act duly recognised by the Government or any officer duly authorised by Government in that behalf].
6.[(4A-1) “Constabulary” means Police Constable, Police Naik, Police Head Constable and Assistant Sub-Inspector ;]
(5) “district” means a territorial division constituting a district for the purposes of the 7.[Code of Criminal Procedure, 1898], but does not include 8.[any area for which a Commissioner of Police has been appointed under section 7];
9.[(5A) “eating house” means any place to which the public are admitted, and where any kind of food or drink is supplied for consumption in the premises by any person owning or having an interest in or managing such place, and includes a refreshment room, boarding-house, coffee-house or a shop where any kind of food or drink is supplied to the public for consumption in or near such shop; but does not include “place of public entertainment”];
10.[(6) “Director General and Inspector General”, “Additional Director General and Inspector General”, “Special Inspector General”, “Commissioner”,[“Special Commissioner”], “Joint Commissioner”, “Additional Commissioner”, “Deputy Inspector General”, “Deputy Commissioner”, “Assistant Commissioner”, “Superintendent”, “Additional Superintendent” “Assistant Superintendent” and “Deputy Superintendent” means respectively, the Director General and Inspector General of Police, Additional Director General and Inspector General of Police, Special Inspector General of Police, Commissioner of Police, 19.[Special Commissioner of Police], Joint Commissioner of Police, Additional Commissioner of Police, Deputy Inspector General of Police (including the Director of Police Wireless and Deputy Inspector General of Police, Police Motor Transport appointed under section 8A), Deputy Commissioner of Police, Assistant Commissioner of Police, Superintendent of Police (including a Superintendent appointed under section 8A or 22A), Additional Superintendent of Police, Assistant Superintendent of Police and Deputy Superintendent of Police, appointed or deemed to be appointed under this Act.]
11.[(6A) “General Transfer” means posting of a Police Personnel in the Police Force from one post, office or Department to another post, office or Department in the month of April and May of every year, 12.[after completion of normal tenure as mentioned in subsection (1) of section 22N] ;
(6B) “Mid-term Transfer” means transfer of a Police Personnel in the Police Force other than the General Transfer ;” ;]
13.[(7) “municipality” means a municipality or municipal borough established under any law for the time being in force in any part of the State, but does not include a Municipal Corporation];
14.[(7A) “Municipal Commissioner”, in relation to the Municipal Corporation of the City of Nagpur, means the Chief Executive Officer by whatever name called;]
(8) “place” includes a building, a tent, a booth or other erection, whether permanent or temporary, or any area whether enclosed or open.
(9) “place of public amusement” means any place where music, singing, dancing, or any diversion or game, or the means of carrying on the same, is provided and to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course, circus, theatre, music hall, billiard room, bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;
15.[(10) “Place of public entertainment” means a lodging-house, boarding and lodging house or residential hotel, and includes any eating house in which any kind of liquor or intoxicating drug is supplied (such as a tavern, a wine shop, a beer shop or a spirit, arrack, toddy, ganja, bhang or opium shop) to the public for consumption in or near such place;]
16.[(10A) “Police Establishment Board No. 1”, “Police Establishment Board No. 2”, “Police Establishment Board at Range Level” 17.[“Police Establishment Board at Commissionerate Level”, “Police Establishment Board at District Level” and “Police Establishment Board at the Levels of Specialized Agencies”] means the Boards constituted under sections 22C, 22E, 22G 17.[, 22I, 22J-1 and 22J-3] respectively ; ]
(11) “Police Officer” means any member of the Police Force appointed or deemed to be appointed under this Act and includes a special or an additional Police Officer appointed under section 21 or section 22;
16.[(11A) “Police Personnel” means any member of the Police Force appointed or deemed to be appointed under this Act ;
(11B) “post” means any post created on the establishment of Director General and Inspector General of Police and includes the posts assigned for Police Personnel on State or Central deputation ; ]
(12) “prescribed” means prescribed by rules;
(13) “public places” includes the foreshore, the precincts of every public building or monument, and all places accessible to the public for drawing water, washing or bathing or for the purpose of recreation;
18.[(13A) “Revenue Commissioner” means the Commissioner of a Division appointed under section 6A of the [Bombay Land Revenue Code, 1879;]]
(14) “rules” means rules made under this Act;
16.[(14A) “section” means section of this Act ;]
6.[(14A-1) “Specialized Agencies” means Crime Investigation Department, State Intelligence Department, Protection of Civil Rights, Anti-Corruption Bureau, State Reserve Police Force, Anti-Terrorist Squad, Highway Traffic and Training Directorate ;]
(14B) “State Government” means the Government of Maharashtra ;
(14C) “State Police Complaints Authority” and “Division Level Police Complaints Authority” means the Authorities constituted under sections 22P and 22S, respectively ;
(14D) “State Security Commission” means the State Security Commission constituted under section 22B ; ]
(15) “street” includes any highway, bridge, way over a causeway, viaduct, arch, quay, or wharf or any road, lane, footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not;
(16) “subordinate ranks” means members of the Police Force below the rank of the Inspector;
(17) “vehicle” means any carriage, cart, van dray, truck, hand cart or other conveyance of any description and includes a bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an aeroplane.
————-
1. Inserted by Maharashtra 24 of 2014 section 2.
2. Inserted by Bombay 34 of 1959, Section 5(1).
3. Substituted for the words ‘District Superintendent’ by Maharashtra 46 of 1962, Section 3. Schedule.
4. Inserted by Maharashtra 2 of 1960, Section 2.
5. Inserted by Maharashtra 1 of 1974, Section 2.
6. Inserted by Maharashtra 11 of 2015 section 2.
7. See now the Code of Criminal Procedure, 1973 (2 of 1974).
8. Substituted for the words ‘Greater Bombay’ by Bombay 56 of 1959, Section 3, Schedule.
9. Inserted by Maharashtra 2 of 1969, Section 2(a).
10. Substituted by Maharashtra 40 of 2000, Section 2, (w.e.f. 9-10-2000).
11. Inserted by Maharashtra 24 of 2014 section 2.
12. Substituted for the words ‘after completion of normal tenure of two years’ by Maharashtra 11 of 2015, section 2.
13. Substituted for the original, by Bombay 34 of 1959, Section 5(4).
14. Inserted, by Bombay 34 of 1959, Section 5(5).
15. Substituted by Maharashtra 2 of 1969, Section 2(b).
16. Inserted by Maharashtra 24 of 2014 section 2.
17. Substituted for the words ‘and Police Establishment Board at Commissionerate Level’ and for the words ‘and 22I’ by Maharashtra 11 of 2015, section 2.
18. Inserted by Bombay 8 of 1958, Section 3, Schedule.
19. Inserted by Maharashtra act no 27 of 2023, Section 2 (w.e.f 4-1-2023).
20. Substittued by Maharashtra act no 27 of 2023, Section 5 for Greater Bombay (w.e.f 4-1-2023).
