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1
RNI No. MAHENG/2009/35528

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In  pursuance  of  clause  (3)  of  article  348  of  the  Constitution  of  India,  the  following
translation  in  English  of  the Maharashtra  Protection  of  People  form  Social  Boycott  (Prevention,
Prohibition and Redressal) Act, 2016 (Mah. Act No. XLIV of 2017), is hereby published under the
authority  of  the  Governor.

By order and in the name of the Governor of Maharashtra,

PRAKASH H. MALI,

  Principal  Secretary  to  Government,
Law  and  Judiciary  Department.

MAHARASHTRA  ACT  No.  XLIV  OF  2017.

(First  published,  after  having  received  the  assent  of  the  President  in

the  “ Maharashtra  Government  Gazette ”,  on  the  3rd  July  2017).

An  Act to  provide  for  the  prohibition  of  social  boycott  of  a  person  or  group  of
persons  including  their  family  members,  and  for  matters  connected  therewith  or
incidental  thereto.

WHEREAS  promoting  amongst  the  citizens  fraternity,  assuring  the
dignity  of  individual  is  enshrined  as  one  of  the  goal  in  the  Preamble  to  the
Constitution  of  India;

AND WHEREAS the social  boycott of any person or a  group of persons
is violation of the fundamental rights enshrined in part III of the Constitution;
AND WHEREAS it has been observed that the inhuman practice of social
boycott of a  person or group of  persons including their family  members still
persists in various parts of the State;

¦ÉÉMÉ +É`-----97-----1

(1)

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Short  title
and extent.

Definitions.

AND WHEREAS it appears that the  existing laws have been proved to
be not effective in total elimination of the evil of social boycott of a person or
group  of  persons  including  their  family  members;

AND WHEREAS it is necessary to prohibit social boycott as a matter of

social  reform  in  the  interest  of  public  welfare;

AND WHEREAS with a view to ensure that the people in the State live
in  harmony  with  their  human  rights,  it  is  expedient  to  provide  for  the
prohibition  of  social  boycott  of  a  person  or  group  of  persons  including  their
family  members,  and  for  matters connected  therewith  or  incidental  thereto;
it  is  hereby  enacted  in  the  Sixty-seventh  Year  of  the  Republic  of  India  as
follows:-

1.

(1)  This  Act  may  be  called  the  Maharashtra  Protection  of  People

from  Social  Boycott  (Prevention,  Prohibition  and  Redressal)  Act,  2016.

(2) It extends to the whole of the State of Maharashtra.
2.

(1)  In  this  Act,  unless  the  context  otherwise  requires,—
(a) “Caste  Panchayat”  means  a  Committee  or  a  body  formed  by  a
group  of  persons  belonging  to  any  community,  whether  registered  or
not, which functions within the community to regulate various practices
in  the  same  community,  controls  personal  and  social  behaviour  of  any
member  and  collectively  resolves  or  decides  any  disputes  amongst  its
members  including  their  families,  by  issuing  oral  or  written  dictums,
whether  called  as  a “panchayat”  or  a  “gavki”  or  by  any  other  name  or
description ;

(b) “community”  in  relation  to  a  Caste  Panchayat  means  a  group,
the members of which are connected together by reason of the fact that
by  birth,  conversion  or  the  performance  of  any  religious  rites  or
ceremonies,  they  belong  to  the  same  religion  or  religious  creed  and
includes  a  caste,  sub-caste ;

(c) “Government”  or  “State  Government”  means  the  Government

of Maharashtra;

(d) “human rights” shall have the same meaning as assigned to it in

clause (d) of section 2 of the Protection of Human Rights Act, 1993;

(e) “member” means a person who is a member of any community ;
(f) “Social  Boycott  Prohibition  Officer”  means  any  officer  of  the
Government designated by the State Government, by notification in the
Official  Gazette,  under  section  15;

(g) “social  boycott”  means  the  gesture  or  an  act,  whether  oral  or
written,  of  any  social  discrimination  between  the  members  of  the
community,  specified  in  section  3;

10  of
1994.

(h) “victim” means any individual who has suffered or experienced
physical  or  monetary  harm  or  harm  to  his  property  as  a  result  of  the
commission  of  social  boycott  and  includes  his  relatives,  legal  guardian
and  legal  heirs.
(2) Words and expressions used but not defined in this Act and defined
in the Indian Penal Code the Indian Evidence Act, 1872, the Code of Criminal
Procedure, 1973 or the Protection of Human Rights Act, 1993, or as defined
in  any  other  law  for  the  time  being  in  force,  as  the  case  may  be,  shall  be
deemed  to  have  the  meanings,  respectively,  assigned  to  them  in  those
enactments.

3. Any member or a group of members who commit any of the following
act  or  acts  shall  be  deemed  to  have  imposed  social  boycott  on  a  member  or
members  of  the  community,—

45 of 1860.
1 of 1872.
2 of 1974.
10 of 1994.

Social  boycott.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÖ±Éè 3, 2017/+É¹ÉÉfø 12, ¶ÉEäò 1939

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(i) if he prevents or obstructs or causes to prevent or obstructs any
member of his community from observing any social or religious custom
or  usage  or  ceremony  or  from  taking  a  part  in  a  social,  religious  or
community  functions,  congregation,  assembly,  meeting  or  procession;

(ii) if he refuses or denies or causes to refuse or deny any member
of his community the right to perform marriage, funeral or other religious
ceremonies and rites which the members of his own community usually
and  ordinarily  perform;

(iii) if  he  commits  or  causes  to  commit  social  ostracism  on  any

grounds;

(iv) if  he  shuns  or  refuses  any  member  of  his  community  from
engaging  in  the  society  or  cut-of  social  or  commercial  ties  with  such
member resulting in making the life of such member miserable;

(v) if he prevents or obstructs or causes to prevent or obstruct any
member of his community from having access to or from using any place
used or intended to be used for a charitable, religious or public purpose
which is established or maintained wholly or partly by his own community
for and on behalf of the community out of the funds of such community
and is normally available for use to or by any other member of his own
community;

(vi) if he prevents or obstructs or causes to prevent or obstruct any
member of his community from having access to or using the facilities of
any school, educational institution, medical institution, community hall,
club hall, cemetery, burial ground or any other place used by, or intended
to  be  used  by,  or  for  the  benefit  of,  his  community;  or  any  other  public
place;

(vii) if  he  prevents  or  obstructs  or  causes  to  prevent  or  obstruct
any  member  of  his  community  from  enjoying  any  benefit  under  a
charitable  trust created  for  the  benefit of  his  community;

(viii) if  he  incites  or  provokes  or  encourages  any  member  of  his
community, directly or indirectly, to sever social, religious, professional
or  business  relations  with  any  other  member  or  members  of  his
community;

(ix) if he prevents or obstructs or causes to prevent or obstruct any
member  of  his  community  from  entering,  lodging  in  or  otherwise  using
any  place  of  worship  or  pilgrimage,  which  is  ordinarily  open  to  the
members of his community;

(x) if he prevents or obstructs or causes to prevent or obstruct any
member of his community from establishing or maintaining such social,
professional  or  business  relations  as  he  would  ordinarily  establish  or
maintain with other members of his community;

(xi) if he prevents or obstructs or causes to prevent or obstruct any
children  of  his  community  from  playing  together  with  the  children  of
specific family  or families  in the  community;

(xii) if  he  obstructs  or  denies  or  causes  to  obstruct  or  deny  any

member of his community from enjoying human rights;

(xiii) if  he  discriminates  or  causes  to  discriminate  amongst  the
members  of  the  community  on  the  basis  of  morality,  social  acceptance,
political  inclination,  sexuality  or  any  other  basis;

(xiv) if  he  creates  or  causes  to  create  cultural  obstacle  or  compel
any member of his community to wear any particular type of clothes or
use  any specific  language;

¦ÉÉMÉ +É`-----97-----1+

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Prohibition  of
social  boycott.

Punishment for
social  boycott.

Prohibition on
assembling  for
imposing  social
boycott.

Punishment for
aiding  or
abetting  the
offence.

Previous actions
of  social  boycott
to  be  void.

Victim  to  be
heard  on
sentence.
Offences  to  be
cognizable  and
bailable.
Compounding of
offence.

(xv) if  he  expels  or  causes  to  expel  any  member  of  his  community

from the said community; and

(xvi)if  he  commits  any  other  similar  acts  which  amount  to  social

boycott.

4. The  social  boycott  is  hereby  prohibited  and  its  commission  shall  be

an  offence.

5. Any  person  imposes  or  causes  to  impose  any  social  boycott  on  any
member of his community, shall, on conviction, be punished with imprisonment
of  either  description,  which  may  extend  to  three  years,  or  with  fine  which
may extend to one lakh rupees, or with both.

Explanation I.— A person who uses or causes to use his power to influence
other  members  of  the  Caste  Panchayat  which  in  its  meeting  has  voted  for
imposition  of  social  boycott,  though  not  present  in  such  meeting  shall  be
deemed  to  have  committed  the  offence  under  this  section.

Explanation  II.—  Where  at  the  meeeting  of  the  caste  panchayat,  the
resolution  to impose  social boycott  has been  passed, every  member who  has
voted  in  favour  of  such  decision  or  has  participated  in  the  deliberations  of
the  meeting,  when  such  resolution  was  moved,  shall  be  deemed  to  have
committed  the  offence  under  this  section.

6. No person or group of persons shall gather, assemble or congregate
at any time and at any place with the view or intention to deliberate on issue
of  imposing  social  boycott  on  any  member  of  the  community ;  and such
gathering  or  assembly  or  congregation  shall  be  treated  as  an  unlawful
assembly and every person convening and organizing such assembly and every
member  thereof  participating  therein  shall  be  punishable  with  fine  which
may extend to one lakh rupees.

7. Every person who aids or abets the commission of an offence under
section  4  shall  be  punished  with  imprisonment  which  may  extend  to  three
years, or with fine which may extend to one lakh rupees, or with both.

8.

(1) Any action of social boycott, on the date of commencement of this
Act shall, with effect from the date of such commencement, be void and be of
no  effect.

(2) Any Caste Panchayat, which imposes or cause to impose social boycott
shall  be  deemed  to  have  committed  an  offence  under  section  4  and  shall  be
liable to  be punished under  section 5.

9.

If  the  accused  is  convicted,  the  Court  shall,  hear  the  victim  on  the

quantum of sentence, and then only pass the sentence.

10. Any  offence  punishable  under  this  Act  shall  be  cognizable  and

bailable and triable by a Judicial Magistrate of the First Class.

11. The offence punishable under this Act may, with the consent of the

victim and with the permission of the court, be compoundable :

Provided  that,  the  Court  shall,  by  an  order,  grant  permission  for
compounding  of  offence  subject  to  the  condition  of  performance  of  such
community services to be  rendered by the accused person, as  the court may
think fit.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÖ±Éè 3, 2017/+É¹ÉÉfø 12, ¶ÉEäò 1939

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12.

(1) The victim or any member of his family may file a complaint either

through  the  police  or  directly  to the  Judicial  Magistrate  of  the  First  Class.

(2) The Magistrate before whom the complaint is filed under sub-section

(1)  may  direct  the  police  to  conduct  the  investigation.

(3) The  Magistrate  may  also  direct  the  police  and  other  concerned

authorities  to  provide  the  victim  and  his  family,  any  kind  of  assistance  or

help that he thinks necessary  till the conclusion of trial.

13. Upon receiving the information of the offence of social boycott under

this Act a  police officer may,—

Procedure  to be
followed upon
receiving
complaint.

Police  officer  to
take  action.

(a) remove,  or  cause  to  be  removed,  any  barricade  or obstruction

erected or placed in any place if such police officer has reasonable ground

to  believe  that  the  barricade  or  obstruction  was  so  erected  or  placed  in

order  to  be  used  for  the  purpose  of  committing  an  offence  under  this

Act;  or

(b) open or cause to be opened any gate or door, if such police officer

has reasonable ground to believe that such gate or door has been closed

for the  purpose of  committing an  offence under  this Act.

14.

(1) Where the Collector or District Magistrate, as the case may be,

receives information that there is likelihood of convening of unlawful assembly

for imposition  of social  boycott, he shall,  by order,  prohibit the  convening of

any such unlawful assembly and doing of any such act towards the commission

of any offence under this Act by any person in any areas as may be specified

Power  to
prevent certain
acts.

in  the  order.

(2)  The  Collector  or  District  Magistrate,  as  the  case  may  be,  may  take

such steps as he thinks necessary to give effect to such order, including giving

of  appropriate  directives  to  the  police  authorities.

15. The State Government may, by notification in the Official Gazette,

designate  any  officer  of  the  Government,  as  the  Social  Boycott  Prohibition

Officer  as  it  may  consider  necessary  and  may  also  notify  the  area  or  areas

within which he shall exercise the powers and perform the duties prescribed

Social  Boycott
Prohibition
Officer.

by rules.

16. The following shall be the functions of the Social Boycott Prohibition

Officer,—

(a) to detect the commission of offence under the provisions of this

Act by any person in the area of his jurisdiction, by taking such action as

he deems fit and to report such cases to the Magistrate;

(b) to assist the Magistrate while he is trying the offences and its

proceedings  under  this  Act;

Functions of
Social  Boycott
Prohibition
Officer.

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(c) to  assist  the  police  officers  in  discharge  of  their  duties  under

this  Act;

(d) to  see  that  the  order  of  community  services  passed  by  the
Magistrate is implemented, and to forward a report to the court regarding
compliance  of  such  order  from  the  accused;

(e) to  submit  his  quarterly  report  regarding  his  work  to  the
Magistrate and  to the Superintendent of  Police or the  Commissioner of
Police, as the case may be;

(f) to discharge such other functions as may be assigned to him by

the  State  Government.

Compensation  to
victim.

17. When a sentence of fine is imposed, the Court may, when passing
judgment, order the whole or any part of the fine recovered to be given to the
victim and his family, as the compensation.

Act  not  in
derogation  of  any
other  law.

Framing charges
under Indian
Penal  Code.

18. The  provisions  of  this  Act  shall  be  in  addition  to  and  not  in

derogation of the provisions of any other law for the time being in force.

19. While  framing  charges  for  the  offences  under  this  Act,  the
Magistrate may also frame charges under sections 34, 120-A, 120-B, 149, 153-
A, 383 to 389 and 511 of the Indian Penal Code, or any other provision of that
Code, if the fact discloses the commission of an offence under those provisions.

Repeals.

20. The  following  laws  are  hereby  repealed,  namely  :—

(a) Bombay Regulation II of 1827;

45  of  1860.

Bom. Reg.
II of 1827.

(b) the  Caste  Disabilities  Removal  Act,  1850  (in  its  application  to

21  of  1850.

the State of Maharashtra);

(c) the Bombay Prevention of Ex-communication Act, 1949.

XLII of
1949.

Power  to  make
rules.

21.

(1)  The  State  Government  may,  by  notification  in  the Official

Gazette, make rules to carry out the purposes of this Act.

(2) Every  rule  made  under  this  Act,  shall  be  laid,  as  soon  as  may  be,
after  it  is  made,  before  each  House  of  the  State  Legislature,  while  it  is  in
session for a total period of thirty days, which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
in  which  it  is  so  laid  or  the  session  or  sessions  immediately  following,  both
Houses  agree  in  making  any  modification  in  any  rule  or  both  Houses  agree
that  the  rule  should  not  be  made,  and  notify  their  decision  to  that  effect  in
the Official Gazette, the rule shall, from the date of publication of a notification
in  the Official Gazette,  of  such  decision  have  effect  only  in  such  modified
form  or  be  of  no  effect,  as  the  case  may  be;  so,  however,  that  any  such
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of
anything  previously  done  or  omitted  to  be  done  under  that  rule.

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22.

(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act, the State Government may, as occasion arises, by an order published in
the Official Gazette, do anything not inconsistent with the provisions of this
Act,  which  appears  to  it  to  be  necessary  or  expedient  for  the  purpose  of
removing  the  difficulty  :

Power  to
remove
difficulties.

Provided that, no such order shall be made under this sub-section after
the  expiry  of  a  period  of  two  years  from  the  date  of  commencement  of
this  Act.

(2) Every  order  made  under  sub-section (1)  shall  be  laid,  as  soon
as  may  be,  after  it  is  made,  before  each  House  of  the  State  Legislature.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY    SHRI  PARSHURAM  JAGANNATH  GOSAVI,  PRINTED

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STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

