Overriding Effect and the Rest of the Act

In one line

Six closing sections give the Act overriding effect, protect officers acting in good faith, require an annual report of interceptions to be laid before the State Legislature, and provide for rules.

In the wording a student can write in an exam: by section 25 of the Maharashtra Control of Organised Crime Act, 1999 the provisions of the Act, of any rule made under it, and of any order made under such a rule shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force or in any instrument having the force of law.

The provisions themselves

Section 25, overriding effect. As set out above.

Section 26, protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority of the State Government for anything done or intended to be done in good faith in pursuance of the Act, any rule made under it, or any order under such a rule.

Section 27, annual report of interceptions. The State Government shall cause an annual report to be prepared giving a full account of four things: the number of applications for authorisation of interceptions received by the Competent Authority from the Police Department in which prosecutions have been launched; the number permitted or rejected; the number of interceptions carried out in emergency situations and the number of ex post facto authorisations or approvals granted or rejected; and the number of prosecutions launched on such interceptions and the convictions resulting. An explanatory memorandum must accompany it giving a general assessment of the utility and importance of the interceptions authorised.

Section 27(2), laying before the Legislature. The report shall be laid before each House of the State Legislature within three months of the completion of every calendar year, with a proviso that the State Government may exclude any matter whose inclusion it considers prejudicial to the security of the State or to the prevention or detection of any organised crime.

Section 28, High Court rules. The High Court may, by notification, make such rules as it deems necessary for carrying out the provisions of the Act relating to the Special Courts.

Section 29, State Government rules. Without prejudice to section 28, the State Government may make rules for carrying out the purposes of the Act. Every rule shall be laid before each House of the State Legislature for a total of thirty days, and if both Houses agree on a modification or that the rule should not be made, and notify that decision, the rule takes effect only as modified or is of no effect, without prejudice to the validity of anything previously done under it.