L. A. Bill No. XXXII OF 2022.
A BILL
further to amend the Maharashtra Police Act and the Maharashtra
Cinemas (Regulations) Act.
WHEREAS it is expedient further to amend the Maharashtra Police
Act and the Maharashtra Cinemas (Regulations) Act, for the purposes
hereinafter appearing; it is hereby enacted in the Seventy-third Year of the
Republic of India, as follows :—
XXII of
1951.
XI of
1953.
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In pursuance of clause (3) of Article 348 of the Constitution of India, the following translation
in English of the Maharashtra Police and Maharashtra Cinemas (Regulations) (Amendment) Bill, 2022
(L.A. Bill No. XXXII of 2022), introduced in the Maharashtra Legislative Assembly on the 20th December
2022, is hereby published under the authority of the Governor.
By order and in the name of the
Governor of Maharashtra,
SATISH WAGHOLE,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
RNI No. MAHENG/2009/35528
CHAPTER I
PRELIMINARY
1.
This Act may be called the Maharashtra Police and Maharashtra
Cinemas (Regulations) (Amendment) Act, 2022.
CHAPTER II
AMENDEMENTS TO THE MAHARASHTRA POLICE ACT.
2.
In section 90A of the Maharashtra Police Act (hereinafter, in this
Chapter, referred to as “ the Police Act ”), in sub-section (1), for clause (i),
the following clause shall be substituted, namely :—
“ (i) for the first offence, with fine which may extend to three
thousand rupees ; ”.
3.
In section 118 of the Police Act, in sub-section (1), for clause (i), the
following clause shall be substituted, namely :—
“ (i) for the first offence, with fine which may extend to four thousand
rupees ; ”.
4.
In section 131 of the Police Act, in clause (b), sub-clause (ii) shall be
deleted.
CHAPTER III
AMENDEMENTS TO THE MAHARASHTRA CINEMAS (REGULATIONS) ACT.
5.
In section 7 of the Maharashtra Cinemas (Regulations) Act
(hereinafter, in this Chapter, referred to as “ the Cinemas Act ”), in
sub-section (1), for the portion beginning with the words “shall be punished
with imprisonment” and ending with the words “ for the first such offence ”,
the following shall be substituted, namely :—
“shall be punished with fine which may extend to fifty thousand
rupees and in the case of a continuing offence, a further fine which may
extend to five thousand rupees for each day during which the offence
continues after conviction for the first such offence”.
6.
In section 9 of the Cinemas Act, in sub-section (3), for the portion
beginning with the words “be punished with imprisonment” and ending with
the words “ for the first such offence ”, the following shall be substituted,
namely :—
“ be punished with fine which may extend to fifty thousand rupees
and in the case of a continuing offence, a further fine which may extend
to five thousand rupees for each day during which the offence continues
after conviction for the first such offence ”.
Short title.
Amendment
of section 90A
of XXII of
1951.
XXII of
1951.
Amendment
of section 118
of XXII of
1951.
Amendment
of section 7 of
XI of 1953.
XI of
1953.
Amendment
of section 9 of
XI of 1953.
Amendment
of section 131
of XXII of
1951.
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STATEMENT OF OBJECTS AND REASONS
The State Government has, upon request of the Government of India,
undertaken a comprehensive review of all State Acts and Rules framed
thereunder to eliminate the risk of imprisonment for citizens for minor
violations with the objective of enhancing Ease of Doing Business and Ease
of Living of Citizens.
2.
For the above purposes, the State Government had constituted a
Committee of Secretaries under the Chairmanship of Additional Chief
Secretary (Industries) to recommend deletion or mitigation of existing
imprisonment provisions or providing for compounding of offences in the
Maharashtra State Acts or rules framed thereunder after consultation with
the concerned administrative Departments and authorities or institutions
thereunder.
Accordingly, after such review, the Government considers it expedient
to amend imprisonment and fine provisions contained in sections 90A, 118
and 131 of the Maharashtra Police Act (XXII of 1951) and sections 7 and 9 of
the Maharashtra Cinemas (Regulations) Act (XI of 1953).
3.
The Bill seeks to achieve the above objectives.
Mumbai,
DEVENDRA FADNAVIS,
Dated the 15th December 2022.
Deputy Chief Minister.
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ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE,
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STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.