GOVERNMENT OF MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  III OF 1987

THE MAHARASHTRA SURAKSHA DAL
ACT, 1986

(  As  modified  upto  the  9th  November,  2012  )

*

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1987 : Mah. III ]

MAHARASHTRA  SURAKSHA  DAL ACT,  1986

CONTENTS

------------

PREAMBLE.

SECTIONS.

1.

Short title, extent and commencement.

2. Definitions.

3. Constitution  of Dal.

4. Appointment  and  powers  of  superior  officers.

5. Class  and  ranks  among  members  of Dal.

6. Appointment  of  members  of Dal.

7.

Identity  card  for  superior officers  or  members  of Dal.

8. Effect  of  suspension  of  member  of  superior  officer  of Dal.

9.

Surrender of identity card, arms, etc. by person under suspension or ceasing to

be superior officer or member of Dal.

10.

Superintendence,  control  and  administration  of Dal.

11. Duties  of  the  members  of Dal.

12.

Power  to  arrest  without  warrant.

13. Circumstances under which superior officers and members of Dal entitled to use

force.

14.

15.

Power  to  search  without  warrant.

Procedure  to  be  followed  after  arrest.

16. Officer  and  members  of Dal  to  be  considered  always  on  duty  and  liable  to  be

employed  in  any  part  of  State.

17. Deputation to public sector undertakings, industrial undertakings and commercial

organisations,  etc.

18. Dismissal, removal, etc. of members of Dal.

19. Appeal  and  Revision.

20.

21.

Penalties  for  neglect  of  duty,  etc.

Prosecution  for  offences  under  any  other  law  not  affected.

22. Application of Act 22 of 1922 to officers and members of Dal.

23. Certain Acts  not  to  apply  to  members  of Dal.

24.

25.

Protection  of  acts  of  superior  officers  and  members  of  the Dal.

Power to make rules.

H  148-1

1987 : Mah. III ]

Maharashtra Suraksha Dal  Act, 1986

MAHARASHTRA  ACT  No. III  OF  19871
[THE MAHARASHTRA SURAKSHA DAL ACT, 1986]

[ This Act  received  the  assent  of    the  President  on  the  9th  February,  1987;    assent
was  first    published    in  the Maharashtra    Government    Gazette,  Part  IV,    Extraordinary,
on  the  12th  day  of  February  1987.]

An  Act  to  provide  for  the  constitution  and  regulation  of  a  Force  called  the
Maharashtra  Suraksha  Dal  for  the  better  protection  and  security  of  the  premises  of  the
Government,  public  sector  undertakings,  local  authorities  and  banks  situated  in  the  State
of  Maharashtra.

WHEREAS  it  is  expedient  to  constitute  a  security  force  called  the  Maharashtra
Suraksha  Dal for  the  better  protection  and  security  of  the  premises  of  the  Government
and  the  premises  of  the  public  sector  undertakings,  local  authorities  and  banks  situated
in  the  State  of  Maharashtra ;  It  is  hereby  enacted  in  the Thirty  Seventh  Year  of  the
Republic  of  India  as  follows  :—

1. (1) This Act  may  be  called  the  Maharashtra Suraksha  Dal Act,  1986.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.
(3) It  shall  come  into  force  in  such  area  and  from  such  date,  as  the  State  Govern-
ment  may,  by  notification  in  the Official  Gazette, appoint;  and  difference  dates  may
be  appointed  for  different  areas.

Short  title,
extent  and
commence-
ment.

2. (1) In  this Act,  unless  the  context  otherwise  requires,—

Definitions.

(a) "Dal"  means  Maharashtra Suraksha  Dal constituted  under  section  3;
(b) "Magistrate",—

(i) in  relation  to  a  metropolitan  area,  means  a  Metropolitan  Magistrate;  and
(ii)    in  relation  to  an  area  outside  a  Metropolitan  area,  means  a  Judicial  Magis-

trate  of  the  first  class ;
(c) "Member  of  the Dal"  means  a  person  appointed  to  the Dal under  this  Act,

other  than  a  superior  officer ;

(d) "Police  Officer"  means  a  Police  Officer  as  defined  in  the  *Bombay  Police

Act, 1951 ;

(e) "prescribed"  means  prescribed  by  rules  made  under  this Act ;
(f) "Rakshadhikari"  means Rakshadhikari of  the Dal and  includes  an Upa-Rak-

shadhikari of  the Dal, appointed  under  section  4 ;

(g) "subordinate  officer"  means  a  person  appointed  to  the Dal as  a Raksha

Nirikshak,  Raksha  Upa-Nirikshak or  a Jamadar ;

(h) "superior  officer"  means  a  person  appointed  under  section  4 ;
(i) "the  Government"  shall  include  both  the  State  Government  and  Central

Government.

(2) Words  and  expressions  used  herein  and  which  are  defined  in  the  Indian  Penal
Code, the  Code  of  Criminal  Procedure,  1973  and  the *Bombay  Police Act,  1951,  and  not
hereinbefore  defined,  shall  have  the  meanings  respectively  assigned  to  them  in  these
enactments.

1 For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette, 1987,  Part  V,

Extraordinary, dated  18th  June  1986,  p  317.

* The  short  title  of  this  Act  was  amended  as  "the  Maharashtra  Police  Act"  by  Mah.  24  of  2012,

Sch.  entry  45,  w.e.f.  1-5-1960.

Bom.
XXII
o f
1951.

XLV
o f
1860.
II  of
1974.
Bom.
XXII
o f
1951.

Constitution
of Dal.

Appointment
and  powers
of  superior
officers.

2

Maharashtra Suraksha Dal  Act, 1986

[ 1987 : Mah. III

3.  (1)  There  shall  be  constituted  and  maintained  by  the  State  Government  a  Force
to  be  called  the  Maharashtra Suraksha  Dal for  better  protection  and  security  of  the
premises  of  the  Government  situated  in  the  State  of  Maharashtra,  and  the  premises  of
any  public  sector  undertakings,  local  authorities,  banks  or,  as  the  case  may  be,  of  any
industrial  undertakings  or  commercial  organisations,  situated  in  the  State  of  Maharashtra
which  require  such  protection  and  security  from  the  State  Government  as  provided
under  sub-section  (1)  of  section  17.

(2) Subject  to  the  provisions  of  this Act,  the  Dal  shall  be  constituted  and
maintained  in  such  manner  and  shall  consist  of  such  number  of  superior  officers  and
members  of  the Dal, as  the  State  Government  may,  from  time  to  time  determine.

(3) The  recruitment,  pay,  pension  allowances  and  all  other  conditions  of  service
of  the  superior  officers  and  members  of  the Dal shall  be  such  as  the  State  Government
may,  from  time  to  time,  by  general  or  special  order,  determine :

Provided  that,  nothing  in  this  section  shall  apply  to  pay,  pension  and  other  conditions

of  service  of  the  police  officer  or  any  other  officer  who  is  on  deputation  to  the Dal.

4. (1) The  State  Government  may  appoint  one  or  more  persons  in  each  of  the

categories  of  the  following  superior  officers,  as  it  deems  fit,  namely  :—

(a) Rakshadhikari,
(b) Upa-Rakshadhikari, and
(c) such  other  superior  officers,  by  such  designations,  as  the  State  Government

may  decide.

(2) The Rakshadhikari, Upa-Rakshadhikari and  every  other  superior  officer  so
appointed  shall  exercise  such  powers  and  perform  such  duties  and  functions  as  provided
by  or  under  this  Act.

(3) It  shall  be  competent  for  the  State  Government  and  the Rakashadhikari  of
the Dal, with  the  prior  approval  of  the  State  Government,  to  obtain  on  deputation  from
any  other  State  or  the  Central  Government,  such  of  the  employees  of  those  Governments
for  appointment  as  superior  officers  as  it  may  deem  fit.

Class  and
ranks  among
members  of
Dal.

5. There  shall  be  following  classes  of  subordinate  officers  and  other  ranks,
among  the  members  of  the Dal, and  they  shall  take  rank  in  the  order  mentioned
below,  namely  :—

(a) Subordinate  Officers—
(1) Raksha  Nirikshak.
(2) Raksha  Upa-Nirikshak.
(3) Suraksha  Jamadar.

(b) Other  ranks—

(1) Pramukh  Rakshak.
(2) Rakshak.

Appointment
of  members
of Dal.

6. The  appointment  of  the  members  of  the Dal referred  to  in  section  5  shall  rest
with  the Rakshadhikari, who  shall  exercise  that  power  in  accordance  with  the  rules  made
under  this Act :

Provided  that,  the  powers  of  appointment  under  this  section  may  also  be  exer-
cised  by  an Upa-Rakshadhikari and  such  other  superior  officer  as  the  Government  may,
by  order,  specify  in  this  behalf.

Idnentity
card  for
superior
officers  or
members  of
Dal.

Effect  of
suspension  of
member  or
superior
officer  of
Dal.

Surrender  of
identity  card,
arms,  etc.  by
person  under
suspension  or
ceasing  to  be
superior
officer  or
member  of
Dal.

1987 : Mah. III ]

Maharashtra Suraksha Dal  Act, 1986

3

7. (1) Every  superior  officer  and  member  of  the Dal shall  receive  on  his
appointment  an  identity  card  in  such  form  and  under  the  seal  of  such  superior  officer
or  any  other  officer  as  the  State  Government  may,  by  general  or  special  order,  specify  in
this  behalf.

(2) Such  identity  card  shall—

(a) cease  to  have  effect  whenever  the  person  named  therein  ceases  for  any

reason  to  be  a  superior  officer  or  member  of  the Dal, as  the  case  may  be ;  or

(b) stand  suspended  during  the  period  for  which  a  holder  of  such  identity  card

is  under  suspension  from  the  office.

8. (1) A  member  of  the Dal or a superior officer shall not be competent to exercise
any  powers  or  perform  any  functions  or  to  enjoy  any  privileges  under  this Act,  during
the  period  for  which  he  is  under  suspension  from  the  office.

(2) During  the  period  of  suspension,  such  person  shall  not  cease  to  be  a  member
or  an  officer,  as  the  case  may  be,  of  the Dal and  shall  during  that  period  continue  to  be
subject  to  the  same    control  and  discipline  to  which  he  was  subject,  prior  to  his  sus-
pension  from  office.

9. (1) Every  person  who  for  any  reasons  is  under  suspension  or  ceases  to  be  a
member  of  the Dal, shall  forthwith  surrender  to  any  officer  empowered  by  general  or
special    order  to  receive  the  same,  his  identity  card,  the  arms,  accoutrements,  clothing
and  other  articles  which  have  been  furnished  to  him  for  the  performance  of  duties  as  a
member  of  the Dal.

(2) The  provisions  of  sub-section  (1)  shall mutatis  mutandis apply  to  any  superior

officer.

(3) The  power  of  empowering  any  officer  shall—

(a) in  the  case  of  members  of  the Dal, be  exercised  by  the Rakshadhikari,  and
(b) in  the  case  of  superior  officers,  be  exercised  by  the  State  Government.
(4) Any  person  who  wilfully  neglects  or  refuses  to  surrender  his  identity  card,
the  arms,  accourtrements,  clothing  and  other  articles  furnished  to  him,  as  required  by
sub-section  (1)  or  (2)  shall,  on  conviction,  be  punished  with  imprisonment  for  a  term
which  may  extend  to  one  month,  or  with  the  fine  which  may  extend  to  two  hundred
rupees,  or  with  both.

(5) Any  Magistrate  and,  for  special  reasons  which  shall  be  recorded  in  writing  at
the  time,  the Rakshadhikari, or  the Upa-Rakshadhikari, may  issue  a  warrant  to  search
for  and  seize,  wherever  they  be  found,  any  identity  card,  arms,  accoutrements,  clothing
or  other  articles  not  so  surrendered.  Every  warrant  so  issued  shall  be  executed  in
accordance with  the  provisions  of  the  Code  of  Criminal  Procedure,  1973,  by  any
subordinate  officer  referred  to  in  clause  (a)  of  section  5  or,  if  the  Magistrate,
Rakshadhikari or Upa-Rakshadhikari issuing  the  warrant  so  directs,  by  any  other
member  of  the Dal referred  to  in  clause  (b)  section  5.

(6) Nothing  in  this  section  shall  apply  to  any  article  which,  under  the  orders  of
the Rakshadhikari, has  become  the  property  of  the  person  to  whom  the  same  was
furnished.

II  of
1974.

10. (1) The  superintendence  of  and  control  over  the Dal shall  vest  in  the  State
Government  and  subject  thereto,  the  administration  of  the Dal shall  vest  in  the
Rakshadhikari and  shall  be  carried  out  by  him  in  accordance  with  the  provisions  of
this  Act  and  the  rules  made  thereunder.
H  148-2

Superinten-
dence,  control
and  adminis-
tration  of
Dal.

4

Maharashtra Suraksha Dal  Act, 1986

[ 1987 : Mah. III

(2) The  State  Government  may,  by  general  or  special  order,  direct  that  any  of  the
powers  and  functions  of  the Rakshadhikari may  be  also  exercised  and  performed  by  an
Upa-Rakshadhikari of  the Dal, for  such  area  or  areas  as  may  be  specified  in  such  order.
(3) Subject  to  the  provisions  of  sub-sections  (1)  and  (2),  every  superior  officer  or
a  member  of  the Dal placed  in  charge  of  the  protection  and  security  of  any  premises  of
the  Government,  public  sector  undertaking,  local  authority  or  bank  shall,  subject  to  any
directions  that  may  be  given  by  the  State  Government  or  the Rakshadhikari in  this
behalf,  discharge  his  functions  under  the  general  supervison,  direction  and  control  of
such  principal  officer  or  any  other  officer  of  the  Government,  public  sector  undertaking,
local  authority  or  bank,  as  each  one  of  them  may  specify  in  respect  of  protection  and
security  of  their  respective  premises,  or  where  any  requisition  of  any  industrial
undertaking  or  commercial  organisation  is  sanctioned  under  the  proviso  to  sub-section
(1)  of  section  17,  such  superior  or  subordinate  officer  not  below  the  rank  of Raksha
Upa-Nirikshak as  the Rakshadhikari may  specify  in  respect  of  protection  and  security
of  the  premises  of  such  industrial  undertaking  or  commercial  organisation.

Duties  of  the
members  of
Dal.

11.

It  shall  be  the  duty  of  every  supervisory  officer  and  member  of  the Dal to,—
(a) promptly  obey  and  execute  all  orders  lawfully  issued  to  him  by  his  superior
authority  and  the  principal  officer  or  any  other  officer  specified  under  sub-section  (3)
of  section  10 ;

Power  to
arrest  without
warrant.

(b) protect  and  safeguard  the  premises  of  the  Government  which  are  situate

within  the  local  limits  of  his  jurisdiction ;

(c) protect  and  safeguard  the  premises  of  such  other  authorities,  undertakings
or  organisations  for  the  protection  and  security  of  which  he  is  on  deputed  under
sub-section  (1)  of  section  17 ;  and

(d) do  any  act  conducive  to  the  better  protection  and  security  of  the  premises

referred  to  in  clauses  (b)  and  (c).

12. Any  superior  officer  or  member  of  the Dal, may,  without  any  order  from  a

Magistrate  and  without  a  warrant,  arrest—

(a) any  person  who  has  been  involved  or  concerned  in,  or  against  whom  a
reasonable  suspicion  exists  of  his  having  been  involved  or  concerned  in,  or  who  is
found  taking  precautions  to  conceal  his  presence  under  circumstances  which  afford
reason  to  believe  that  he  is  taking  such  precautions  with  a  view  to  commiting,  a
congnizable  offence  relating  to  the  property  or  premises  referred  to  in  clauses  (b)
and  (c)  of  section  11 ;

(b) any  person  found  trespassing  on  the  premises  referred  to  in  clauses  (b)

and  (c)  of  section  11 ;

(c) any  person  who,—

(i)   voluntarily  causes  hurt  or  attempts  to  voluntarily  cause  hurt,
(ii) wrongfully  restrains  or  attempts  to  wrongfully  restrain,
(iii)  assaults  or  threatens  to  assault,
(iv) uses  criminal  force  or  threatens  or  attempts  to  use  criminal  force.

so  as  to  prevent  or  deter  a  superior  officer  or  a  member  of  the Dal, in  the  execution  of
his  duty  as  such  officer  or  member,  as  the  case  may  be,  or  with  an  intent  to  prevent  or
deter  him  from  discharging  his  duty,  or,  anything  being  done  by  him  in  consequence  of
the  lawful  discharge  of  his  duty,  as  such  officer  or  member  of  the Dal.

1987 : Mah. III ]

Maharashtra Suraksha Dal  Act, 1986

5

13. (1) A  superior  officer  or  member  of  the Dal,  may,  when  there  is  a  reasonable
apprehension  of  assault  on  himself  or  on  any  superior  officer  or  any  other  member  of
the Dal, or  of  damage  or  harm  to  any  property  or  person  which  or  whom  it  is  his  duty
to  protect  and  safeguard,  use  such  force  to  the  wrong  doer  or  assailant  or  any  other
person  assisting  such  wrong  doer  or  assailant  as  may  be  reasonably  necessary.

Circumstances
under  which
superior
officers  and
members  of
Dal entitled
to  use  force.

XLV
o f
1860.

(2) The  provisions  of  sub-section  (1)  shall  be  in  addition  to,  and  not  in  derogation

of,  the  provisions  of  sections  100  to  103  of  the  Indian  Penal  Code.

14.

(1) Whenever  any  superior  officer  or  any  member  of  the Dal, not  below  the
rank  of Pramukh  Rakshak, has  reason  to  believe  that  any  such  offence  as  is  referred  to
in section  12 has  been or  is being  committed and  that a  search warrant  cannot  be  obtained
without  affording  the  offender  an  opportunity  of  escaping  or  of  concealing  evidence  of
the  offence,  he  may  detain  the  offender  and  search  his  person  and  belonging  forthwith
and  if  he  thinks  proper,  arrest  any  person  whom  he  has  reason  to  believe  to  have
committed  the  offence.

II  of
1974.

(2) The  provisions  of  the  Code  of  Criminal  Procedure,  1973,  relating  to  searches

under  that  Code  shall,  so  far  as  may  be,  apply  to  searches  under  this  section.

15. Any  superior  officer  or  member  of  the Dal making  an  arrest  under  this Act,
shall,  without  unnecessary  delay,  make  over  the  person  so  arrested  to  a  police  officer,
or,  in  the  absence  of  a  police  officer  take  such  person,  or  cause  him  to  be  taken,  to  the
nearest  police  station  together  with  a  report  of  the  circumstances  occasioning  the  arrest :
Provided  that,  the  person  so  arrested  under  this Act  shall  be  produced  before  the
nearest  Magistrate  within  a  period  of  twenty  four  hours  of  his  arrest  under  section  12
excluding  the  time  necessary  for  the  journey  from  the  place  of  arrest  to  a  nearest  Police
Station  and  the  Court  of  the  Magistrate,  and  no  such  person  shall  be  detained  in  custody
beyond  the  said  period  without  the  authority  of  a  Magistrate.

16.

(1) Every  superior  officer  and  member  of  the Dal shall,  for  the  purposes  of
this  Act,  be  considered  to  be  always  on  duty,  and  shall,  at  any  time,  be  liable  to  be
employed  including  on  transfer  in  any  part  of  the  State  of  Maharashtra.

(2) Save  as  provided  by  sub-section  (1)  of  section  17,  no  superior  officer  or
member of  the Dal shall  engage himself  in  any employment  or office  other  than his  duties
under  this  Act.

17.

(1)    Subject  to  any  general  directions  which  may  be  issued  by  the  State
Government  it  shall  be  lawful  for  the Rakshadhikari, on  a  written  requisition  received  in
this  behalf  from  any  office  of  the  Government  or  from  the  Managing  Director  or  any
other  person  in  charge  of  the  affairs  of  any  public  sector  undertaking,  local  authority  or
bank  indicating  the  necessity  thereof,  to  depute  such  number  of  members  of  the Dal as,
having  regard  to  the  requisition  so  made,  the Rakshadhikari considers  necessary  for
the  protection  and  safety  of  the  premises  of  the  Government  or  of  such  an  undertaking
or  authority  as  the  case  may  be,  and  the  members  so  deputed  shall  be  at  the  charge  of
the  concerned  office  of  the  Government,  undertaking  or  authority  or  bank ;

Provided  that,  the  State  Government  may  by,  any  general  or  special  order  issued
in  this  behalf,  empower  the Rakshadhikari to  entertain  any  such  requisition  in  respect
of  any  industrial  undertaking  or  class  of  undertakings  or  any  commercial  organisation  or
class  of  commercial  organisations,  and  thereupon  any  such  requisition,  when  received
by  the Rakshadhikari, may  be  considered  by  him  in  accordance  with  the  provisions  of
this  section.

Power  to
search
without
warrant.

Procedure  to
be  followed
after  arrest.

Officers  and
members  of
Dal
to  be
considered
always  on
duty  and
liable  to  be
employed    in
any  part  of
State.

Deputation
to  public
sector
undertakings,
industrial
undertakings
and
commercial
organisations,
etc.

6

Maharashtra Suraksha Dal  Act, 1986

[ 1987 : Mah. III

Explanation—For  the  purposes  of  this  section,  the  expression  "industrial
undertaking  or  class  of  industrial  undertakings  of  any  commercial  organisation  or  class
of  commercial  organisations"  means—

(i) the  industrial  undertaking  or  class  of  industrial  undertakings  or  commercial
organisation  or  class  of commercial  organisations, owned  or managed  by  a  co-operative
society  registered  under  the  Maharashtra  Co-operative  Societies Act,  1960 ;  or

(ii) such  industrial undertaking  or  class  of  industrial  undertakings  or  commercial
organisation  or  class  of  commercial  organisations  engaged  in  the  manufacture,
production,  distribution  or  supply  of  goods  or  services  required  for  any  purpose
connected  with  the  defence  of  India,  as  the  State  Government  may  by  general  or
special  order  specify.

Mah.
XXIV
o f
1961.

(2) The  terms,  conditions  and  charges  of  the  members  of  the Dal deputed  under
sub-section  (1)  to  any  office  of  the  Government,  undertaking,  authority  or  organisation
shall  be  such  as  the  State  Government  may,  by  general  or  special  order  in  this  behalf,
determine  from  time  to  time.

(3) If  the Rakshadhikari is  of  the  opinion  that  the  circumstances  necessitating
the  deputation  of  the  members  of  the Dal in  relation  to  such  office  of  the  Government,
undertaking,  authority  or  organisation  under  sub-section  (1)  have  ceased  to  exist,  or  for
any  other  reason  it  is  necessary  so  to  do,  he  may,  after  informing  the  concerned  officer
of  the  Government  or  the  Managing  Director  or  the  person  in  charge  of  the  affairs  of
that  office  of  the  Government,  undertkaing,  authority  or  organisation,  withdraw  the
members  of  the Dal so  deputed.

(4) The  officer  in  charge of  the office  of  the  Government  or  the Managing  Director
or  the  person  in  charge  of  the  affairs  of  the  undertaking,  authority  or  organisation  may,
on  giving  one  month’s  notice  in  writing    to  the Rakshadhikari, require  that  the  members
of  the Dal so  deputed  shall  be  withdrawn,  and  the  concerned  officer  of  the  Government,
the  Managing  Director  or  the  person  in  charge  of  the  affairs  of  the  concerned  undertaking,
authority  or  the  organisation,  as  the  case  may  be,  shall  be  relieved  from  the  charges
from  the  date  of  expiration  of  the  period    of  such  notice  or  from  any  earlier  date,  if  any,
on  which  the  members  of  the Dal are  so  withdrawn.

18. Subject  to  the  provisions  of  article  311  of  the  Constitution  of  India  and  to

such  rules  as  the  State  Government  may  make  under  this Act,—

(a) a  superior  officer,  being  the  appointing  authority,  may  dismiss,  remove,
suspend  or  reduce  in  rank  any  member  of  the Dal whom  he  thinks  remiss,  negligent,
perverse  or  corrupt  in  the  discharge  of  his  duty,  or  unfit  for  the  same ;  or

(b) any  superior  officer  may  award  any  one  or  more  of  the  following
punishments  to  any  member  of  the Dal who  discharges  his  duty  in  a  careless  or
negligent  manner,  or  who  by  any  act  of  his  own  renders  himself  unfit  for  the  discharge
thereof,  namely,—

(i) fine  upto  any  amount  not  exceeding  pay  for  one  month  exclusive  of

allowances,  if  any,  or  reduction  in  pay-scale ;

(ii) removal  from  any  office  of  distinction  or  deprivation  of  any  special

emolument ;

(iii) drill,  extra  guard,  fatigue  or  other  duty :

Provided  that,  the  punishment  specified  in  sub-clause  (iii)  shall  not  be  awarded  to
any  member  of  the Dal above  the  rank  of Pramukh  Rakshak and  in  any  case  where
such  punishment  is  inflicted  it  shall  not  be  enforced  till  the  expiry  of  the  period  of
preferring  an  appeal  specified  in  sub-section  (1)  of  section  19.

Dismissal,
removal,  etc.,
of  members
of Dal.

1987 : Mah. III ]

Maharashtra Suraksha Dal  Act, 1986

7

19.

(1) Any  member  of  the Dal aggrieved  by  an  order  made  under  section  18
may,  within  thirty  days  from  the  date  on  which  the  order  is  communicated  to  him,  prefer
an  appeal  against  the  said  order  to  such  officer  or  authority  as  may  be  prescribed,  and
subject  to  the  provisions  of  sub-section  (4),  the  decision  of  the  said  authority  thereon
shall  be  final :

Appeal 
Revision.

and

Provided  that,  the  prescribed  authority  may  entertain  the  appeal  after  the  expiry  of
the  said  period  of  thirty  days,  if  it  is  satisfied  that  the  appellant  was  prevented  by
sufficient  cause  from  filing  the  appeal  in  time.

(2) Notwithstanding  anything  contained  in  sub-section  (1),  no  appeal  shall  lie

against—

(i) any  order  of  an  interlocutory  nature  or  of  the  nature  of  step-in-aid  in  any

disciplinary  proceeding  or  inquiry ;

(ii) any  order  passed  by  Government  under  sub-section  (4).

(3) In  disposing  of  the  appeal  filed  under  sub-section  (1),  the  prescribed  officer

or  authority  shall  follow  such  procedure  as  may  be  prescribed.

(4) The State  Government  may, suo  motu, or  on  an  appliaction  made  in  this  behalf
by  an  aggrieved  person,  call  for  and  examine  the  record  of  any  proceeding  under  clause
(a)  of  section  18  or  under  sub-section  (1)  of  this  section  and  after  making  such  inquiry
or  causing  such  inquiry  to  be  made,  may,  subject  to  the  provisions  of  this  Act,  pass
such  order  thereon  as  it  thinks  fit ;

Provided  that,  no  record  of  any  such  proceeding  shall  be  called  for  and  examined
after  the  expiry  of  sixty  days  from  the  date  on  which  the  period  specified  for  appeal
under  sub-section  (1)  has  expired  or,  as  the  case  may  be,  if  an  appeal  is  filed,  from  the
date  of  communication  to  the  concerned  person  of  the  order  passed  in  the  appeal
proceeding :

Provided  further  that,  no  order  imposing  an  enhanced  penalty  under  sub-section
(1)  or  sub-section  (4)  shall  be  made  unless  a  reasonable  opportunity  of  being  heard  has
been  given  to  the  person  affected  by  such  order.

20.

(1) Without  prejudice  to  the  provisions  contained  in  section  18 every  member
of  the Dal who  shall  be  guilty  of  any  violation  of  duty  or  wilful  breach  or  neglect  of
any rule  or  lawful  order made  by  a  superior, officer  or who  shall withdraw  from the  duties
of  his  office  without  permission  or  who  being  absent  on  leave  fails,  without  reasonable
cause  to  report  himself  for  duty  on  the  expiration  of  the  leave  or  who  engage  himself
without  authority  in  any  employment  other  than  his  duty  as  a  member  of  the Dal, or
who  shall  be  guilty  of  cowardice,  shall,  on  conviction,  be  punished  with  imprisonment
for  a  term  which  may  extend  to  six  months.

Penalties  for
neglect  of
duty  etc.

II  of
1974.

(2) Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973,

an  offence  punishable  under  this  section  shall  be  cognizable.

21. Nothing  contained  in  section  20  shall  be  construed  to  prevent  any  member
of  the Dal from  being  prosecuted  under  any  other  law  for  any  offence  made  punishable
by  that  law,  or  for  being  liable  under  any  such  law  to  any  other  or  higher  penalty  or
punishment  than  is  provided  for  such  offence  by  that  section :

Prosecution
for  offences
under  any
other  law
not  affected.

Provided  that,  no  person  shall  be  punished  twice  for  the  same  offence.

Application
of  Act  22  of
1922  to
officers  and
members  of
Dal.

Certain  Acts
not  to  apply
to  members
of Dal.

Protection
of  acts  of
superior
officers  and
members  of
Dal.

22  of
1922.

4  of
1936.
14  of
1947.
63  of
1948.

8

Maharashtra Suraksha Dal  Act, 1986

[ 1987 : Mah. III

22. The  Police (Incitment  to Disaffection) Act, 1922  shall apply  to superior  officers

and  members  of  the Dal as  it  applies  to  the  members  of  a  police  force.

23. Nothing  contained  in  the  Payment  of Wages Act,  1936,  or  the  Industrial
Disputes  Act,  1947,  or  the  Factories  Act,  1948,  or  any  corresponding  law  relating  to
investigation  or  settlement  of  industrial  disputes  in  force  in  the  State  of  Maharashtra
shall  apply  to  members  of  the Dal.

24.

(1) In  any  suit  or  proceeding  against  any  superior  officer  or  member  of  the
Dal for  any  act  done  by  him  in  the  discharge  of  his  duties,  it  shall  be  lawful  for  him  to
plead  that  such  act  was  done  by  him  under  the  orders  of  a  competent  authority.

(2) Any  such  plea  may  be  proved  by  the  production  of  the  order  directing  the
act,  and  if  it  is  so  proved,  the  superior  officer  or  member  of  the Dal shall  thereupon  be
discharged  from  any  liability  in  respect  of  the  act  so  done  by  him,  notwithstanding  any
defect  in  the  jurisdiction  of  the  authority  which  issued  such  order.

(3) Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in
force,  any  legal  proceeding,  whether  civil  or  criminal,  which  may  lawfully  be  brought
against  any  superior  officer  or  member  of  the Dal for  anything  done  or  intended  to  be
done  under  the  powers  conferred  by,  or  in  pursuance  of,  any  provision  of  this  Act  or
the  rules  made  thereunder, shall  be commenced  within six  months  after  the act  complained
of  was  committed  and  not  otherwise;  and  notice  in  writing  of  such  proceeding  and  of
the  cause  thereof  shall  be  given  to  the  person  concerned  and  his  superior  officer  at
least  one  month  before  the  commencement  of  such  proceeding;  and  any  such  proceeding
shall  not  be  entertained,  or  shall  be  dismissed  if  instituted  more  than  six  months  after
the  date  of  the  act  complained  of  or  without  giving  the  notice  thereof  as  aforesaid :

Provided  that,  for  the  purposes  of  computing  the  period  of  six  months  under  this
sub-section,  the  period  required  for  obtaining  the  prior  sanction  of  the  State  Government
under  sub-section  (4),  shall,  be  excluded.

(4) No court  shall take  cognizance  of  any offence  committed by  any superior  officer
or  member  of  the Dal while  acting  or  purporting  to  act  in  the  discharge  of  his  official
duty  except  with  the  prior  sanction  of  the  State  Government.

25.

(1)  The  State  Government  may,  by  notification  in  the Official  Gazette, and
subject  to  the  condition  of  previous  publication,  make  rules  not  inconsistent  with  this
Act  for  carrying  out  the  purposes  of  this  Act.

Power  to
make  rules.

(2) In  particular,  and  without  prejudice  to  the  generality  of  the  power  to  make
rules  under  sub-section  (1),  the  rules  may  provide  for  all  or  any  of  the  following
matters,  namely  :—

(a) appointment  of  subordinate  officers  and  other  ranks,  under  section  6 ;
(b) superintendence  and  administration  of  the Dal, under  sub-section  (1)   of

section  10 ;

(c) dismissal,  suspension  and  reduction  in  rank,  under  sub-section  (1) of

section 18 ;

(d) appellate  officer  or  authority  and  procedure  in  appeal  proceedings,  under

sub-sections  (1)  and  (2)  of  section  19;

(e) any  other  matter  which  is  required  to  be,  or  may  be,  prescribed.

1987 : Mah. III ]

Maharashtra Suraksha Dal  Act, 1986

9

(3) Every  rule  made  under  this  section  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  30  days  which  may  be  comprised  in  one  session  or  two  successive  sessions,  and  if,
before  the  expiry  of  the  session  in  which  it  is  laid  or  the  session  immediately  following,
both  Houses  agree  in  making  any  modification  in  the  rule,  or  both  Houses  agree  that
the  rule  should  not  be  made,  and  notify  such  decision  in  the Official  Gazette, the  rule
shall,  from  the  date  of  publication  of  such  notification,  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.

H-148-4760-11.13

PRINTED  AT  GOVERNMET  PRESS,  KOLHAPUR.

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