Maharashtra Police Act 1951
Chapter II-A :
1.[State Security Commission, Police Establishment Boards And Police Complaints Authorities :
Section 22B :
State Security Commission :
(1) The State Government shall, by notification in the Official Gazette, constitute a State Security Commission for the purpose of exercising such powers and performing such functions as may be assigned to the Commission under this Act.
(2) The State Security Commission shall consist of the following members, namely :—
(a) Minister in-charge of Home – Ex-Officio Department Chairperson ;
(b) Leader of Opposition of State Legislative Assembly – Member ;
(c) Chief Secretary – Member ;
(d) Additional Chief Secretary (Home) – Member ;
(e) Five non-official Members (to be nominated by the State Government) – Member ;
(f) Director General and Inspector – MemberGeneral of Police Secretary.
(3) On the constitution of the State Security Commission under subsection (1), the erstwhile State Security Commission constituted by the Home Department under the Government Resolution, dated the 10th July 2013 shall cease to exist : Provided that, the recommendations and reports made by the erstwhile State Security Commission shall continue to operate as if the same are made by the State Security Commission constituted under this Act.
(4) No person shall be nominated as a non-official member of the State Security Commission if he,—
(a) is not a Citizen of India ; or
(b) has been convicted by a court of law or against whom criminal charges have been framed by a court of law; or
(c) has been dismissed or removed from the Government service, Semi-Government or private service or compulsorily retired on the grounds of corruption or inefficiency or moral turpitude or any kind of misconduct ; or
(d) has been debarred from holding any public office or from contesting any election ; or
(e) holds or has held any political office, including that of member of Parliament or State Legislature or a local body, or is or was an officebearer of any political party or any organization connected with a political party ; or
(f) is of unsound mind.
(5) While nominating non-official members under clause (e) of sub-section (2), care must be taken to ensure that the representation be given to all sections of the society. Out of the members so nominated, at least one shall be a woman and one shall be from the persons belonging to the Backward Class. The non-official members may be broadly from the following disciplines :—
(a) academician, liberal arts, communication or media ;
(b) science and technology especially in the field of Information Technology, surveillance or security related technology ;
(c) eminence in the legal field ;
(d) corporate governance;
(e) non-Government organizations working in the field of women and child development, social justice, tribal development, rural development or urban development.
Explanation :
For the purposes of this sub-section, the expression “Backward Class” means the Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes.
(6) The non-official members nominated under clause (e) of sub-section
(2) may be removed by the Chairperson of the State Security Commission on any of the following grounds, namely :—
(a) proven incompetence ;
(b) proven misbehaviour or misuse or abuse of powers ;
(c) failure to attend three consecutive meetings of the State Security Commission without sufficient cause :
Provided that, no member shall be removed under the provisions of this clause except after giving him a reasonable opportunity of being heard ;
(d) incapacitation by reason of mental infirmity ;
(e) otherwise becoming unable to discharge his functions as a member; or
(f) conviction by a court of law or where charges have been framed against him by a court of law.
(7) The term of office of the non-official members of the State Security Commission shall be of two years. The other terms and conditions of such office shall be such as may be prescribed by the State Government.
(8) The State Security Commission shall exercise the powers and perform the functions as follows :-
(a) lay down the broad policy guidelines for the functioning of the Police Force in the State including for ensuring that the Police Force always act according to the laws of the land and the Constitution of India ;
(b) formulating broad principles for the performance of the preventive tasks and service oriented functions of the Police Force ; and
(c) evaluation of the performance of the Police Force.
(9) The State Security Commission shall meet at least once in every quarter at such time and place and observe such procedure in regard to transact its business as the Chairperson thinks fit.
(10) The recommendations of the State Security Commission shall be advisory in nature.
———-
1. Chapter II-A Inserted by Maharashtra 24 of 2014 section 4.
