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THE POLICE (INCITEMENT TO DISAFFECTION) MAH AMENDMENT ACT, 1983
MAHARASHTRA ACT No, XXIII of 1983
(First published, after having received the assent of the President, in the “Maharashtra Government Gazette” on the 16th April, 1983)
An Act further to amend the Police (Incitement to Disaffection) Act, 1922 in its application to the State of Maharashtra
WHEREAS both Houses of the State Legislature were not in session
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary of him to take immediate action further to amend the Police (Incitement to Disaffection) Act, 1922, in its application to the State of Maharashtra, for the purposes hereinafter appearing, and therefore promulgated the Police (Incitement to Disaffection) (Maharashtra Amendment) Ordinance, 1981, on the 18th January, 1983;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows —
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Police (Incitement to Disaffection) (Maharashtra Amendment) Act, 1983.
(2) It shall he deemed to have come into force on the 18th January, 1983.
SECTION 02: AMENDMENT OF SECTION 3 OF ACT XXII OF 1922
Section 3 of the Police (Incitement to Disaffection) Act, 1922, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”); shall be renumbered as sub-section (1) of that section and in sub-section (1) so renumbered, for the portion beginning with the words “shall be punished” and ending with the words “or with both” the following shall be substituted, namely -
“shall, on conviction, he punished with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both
Provided that, in the absence of special and adequate reasons to the contrary to he mentioned in the Judgment of the Court, such imprisonment shall not be less than six months and such fine shall not he less than five hundred rupees.”
(h) After sub-section (1) of the said section 3, the following sub-section shall he added, namely — “(2) All offences under this Act shall be cognizable and non-bailable.”
SECTION 03: AMENDMENT OF SECTION 5 OF ACT XXII OF 1922
In Section 5 of the principal Act, the words “or on the complaint”, shall be deleted.
SECTION 04: SUBSTITUTION OF SECTION 6 OF ACT XXII OF 1922
For section 6 f the principal Act, the following section shall be substituted, namely — “6. Trial of cases (1) No court inferior to that of an Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Metropolitan Magistrate or any Judicial Magistrate of the first class may, if he thinks fit, try in a summary way all or any of the offences under this Act, and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, so far as may be, apply to such trial
Provided that where any case is tried summarily and the accused is convicted under this Act, no sentence of imprisonment for a term exceeding three months shall be passed by the Magistrate concerned and the provision for awarding punishment of minimum amount of fine under this Act shall not apply.”
SECTION 05: REPEAL AND SAVING
(1) The Police (Incitement to Disaffection) (Maharashtra Amendment) Ordinance, 1983 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued or rule made) under the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken, issued or made, as the case may be, under the principal Act, as amended by this Act.
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