Section 33

Amendment status not verified — confirm the current text below against the official source.

Power to make rules or regulation of traffic and for presentation of order in public place, etc. 3[The Commissioner with respect to any of the matters specified in this sub-section, the District Magistrate with respect to any of the said matters (except those falling under Cls. 4[(a), (b), (d). (db), (e), (g), (r), (t) and (u)]) thereof and the Superintendent of Police with respect to the matters falling under the clauses aforementioned read with CI. (y) to this sub-section], in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this Act for- (a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside Railway stations for the carriage of passenger's baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, Cycling, walking or leading or accompanying cattle, so as to prevent 1 Vide Gujarat Act 16 of 1978, Sec. 8, w.e.f. 3-3-1978. 2 This section was substituted for the original by Bom 34 of 1959, Sec. 16. 3 Subs by Maharashtra Act XIII of 1965. 4 Subs by Maharashtra Act 45 of 1967. 19 danger, obstruction or inconvenience to the public; (c) regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (d) prescribing the number and position of lights to be used on vehicles in streets and the hours between such lights shall be used; 1[(da) licensing, controlling or prohibiting the display of any pictures, advertisements, news boards or public notices upon a vessel or boat in territorial waters or on inland waterways other than national waterways; 2[(db) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as (regard being had to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction or causing obstruction to such traffic) may be specified in the rule or order ;] (e) prescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets, except subject to such regulations as he may prescribe in that behalf; (f) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street; (g) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance ; (h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substances; (i) prohibiting except along certain specified streets and during specified hours and subject to such regulations as he may prescribe in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animals or part thereof and the corpses of persons deceased; (j) prescribing certain hours of the day during which odour or offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except subject to such rules as he may make in that behalf; (k) setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature ; (l) in cases of existing or apprehended epidemic or infectious disease of men or animals, the 1 Clause (da) was Inserted by Bom 20 of 1953, Sec. G (1). 2 Clause (db) was Inserted by Bom 37 of 1959, Sec. 2. 20 cleanliness and disinfection of premises by the occupier thereof and resident therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approve by the State Government, with a view to prevent the disease of to check the spreading thereof; (m) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein; (n) licensing, controlling or, in order to prevent the obstruction, inconvience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms of other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places; (o) regulating the conduct of and behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing in the case of processions, the routes by which, the order in which and the times at which the same may pass; (p) prohibiting the banging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air; (q) prohibiting, except under such reasonable rules as he may make, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public places. (r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting- (i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Municipal officers duly authorized in that behalf; (ii) the blasting of rock or making excavations in or near streets or public places; (iii) the using of a loudspeaker in 1[or near any public place or in any] place of public entertainment; (s) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable; (t) guarding against injury to person and property, in the construction, repair and demolition of building, platforms and other structures from which danger may arise to passengers, neighbours or the public; (u) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly discharging a fire, arm or airgun, or letting off or throwing a fire- work or, sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable rules, as he may make in that behalf; (v) regulating the hours during which and the manner in which any place for the disposal of the dead, 1 These words were substituted for the words “any public place or” by Bom 28 of 1954, Sec. 7. 21 any dharamshala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto; (w) (i) licensing or controlling places of public amusement or entertainment; (ii) prohibiting the keeping. of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity; (iii) regu1ating the means of entrance and exit at places of public amusement or entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat; 1[(wa) (i) licensing or controlling 2[in the interest of public order decency or morality or in the interest of the general public with such exceptions as may be specified, the musical, dancing, mimetic or theatrical or other performances for public amusement, including melas and tamashas ; (ii) regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances; (iii) prior scrutiny of such performances 2[and of the scripts in respect thereof, if any, and granting of suitability certificate therefore subject to conditions, if any], 3[ by the Board appointed by the State Government for the purpose, either for the whole State or the area concerned] 4[the members of the Board being persons who in the opinion of the State Government possess knowledge of, or experience in literature, the theatre and other matters relevant to such scrutiny, or by an Advisory Committee appointed by the Commissioner, or the District Magistrate in this behalf ;] 5[Provision for appeal against the order or decision of the Board to the prescribed authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court-fee stamp or otherwise) to be charged for the scrutiny of such performances or scripts for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals;] (iv) regulating the hours during which and the places at which such performances may be given; (x) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement; 6[(xa) registration of eating-hoses, included granting a certificate of registration in each case, which shall be deemed to be written permission required and obtained under this Act for keeping the eating-house, and annual renewal of such registration within prescribed period; (y) prescribing the procedure in accordance with which any licence or permission sought to be 1 Clause ( wa) wasi inserted by Bom 20 of 1953. Sec. 6 (2). 2 Ins by Maharashtra Act XXXVII of 1973. 3 Sub, by Maharashtra Act XIII of 1965. 4 Ins by Maharashtra Act XXXVII of 1973. 5 Added by Maharashtra Act No. XXXVII of 1973. 6 Ins by Maharashtra Act II of 1969. 22 obtained or required under this Act should be applied for and fixing the fees to be charged for any such licence or permission: Provided that nothing in this section and no licence 1[or certificate of registration] granted under any rule made thereunder shall authorize any person to import, export, transport, manufacture, sell or possess any liquor, or intoxicating drug, in respect of which a licence, permit. pass or authorization is required under the Bombay Prohibition Act, 1949. 2* * * * * or under any other law for the time being in force 3(relating to the Abkari revenue or to the prohibition of the manufacture, sale and consumption of liquor) or shall affect the liability of any person under any such law or shall in any way affect the provisions of the Arms Act. 1878 (XI of 1878), or of the Explosives Act, 1884 (IV of 1884), or of any rules made under either of those enactments, or the liability of any person thereunder: Provided further that any action taken under the rules or orders made under this sub-section or the grant of a licence [or certificate of registration] made under such rules or orders shall be subject to the control and supervision of the State Government: 4[Provided also that, against any order granting or refusing to grant or renew or revoking 5[or refusing to grant or renew or revoking any certificate of registration for any eating-house] an appeal shall lie to the State Government itself or to such officer as the State Government may by general or special order specify, within thirty days from the date of receipt of such order by the aggrieved person). 6[(1. A) The power to make rules or order under Cls. (w), (wa) and (x) of sub-section (1) shall in the first instance have effect only in relation to 7[the Bombay area of the state of Maharashtra], but the State Government may by notification in the Official Gazette provide that such power under any or all of those clauses, shall also have effect. from such date as may be specified in the notification, in any other area of the State.] [(1. B) The power to make rules, orders or appointment under Cls. (w), (wa). (x) and (xa) in so far as it relates to a licence or permission under any of these clauses, under CI. (y) of sub-section (1), may subject to the provisions of sub- section (1A) also be exercised by Revenue Commissioner in the revenue division under his charge.] (2) (i) The power of making, altering or rescinding rules under Cls. (a), (b) and (c) of sub-section (1) shall be subject to the control of the State Government. (ii) The power of making, altering, or rescinding rules under the remaining clauses of sub- section (1) shall be subject to the previous sanction of that Government. (3) Every rule made under Cl. (v) of sub-section (1) with respect to the use of a place for the disposal 1 Subs by Maharashtra Act II of 1969. 2 This portion was deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3 These words were substituted for the word, “relating to the Abkari revenue” by ibid. 4 Added by Maharashtra Act 45 of 1967. 5 Ins by Maharashtra Act II of 1969. 6 This sub-section was inserted by Bom 34 of 1959, Sec 17 (2). 7 These words were substituted for the words “area of the pre-Reorganisation State of Bombay excluding the transferred territories” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 23 of the dead shall be framed with due regard to ordinary and established usages and to the necessities of prompt disposal of the dead in individual cases. (4) Every rule promulgated under the authority of Cl. (l) of sub-section (1) shall, if made in relation to 1[any area which is not under the charge of a Commissioner] be forthwith 2[reported to the Revenue Commissioner and the State Government]. (5) If any rule or order made or promulgated under this section relates to any matter with respect to which there is a provision in any law, rule or bye-law of any municipal or local authority in relation to the public health, convenience or safety of the locality, such rule or order shall be subject to such law, rule or bye-law of the municipal or local authority, as the case may be. (6) The power of making, altering or rescinding rules under this section shall be subject to the condition of the rules being made, altered or rescinded after previous publication, and every rule made or alteration or rescission of a rule made under this section shall be published in the Official Gazette and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers in English or in the local language, as the authority making, altering or rescinding the rule may deem lit or by any two or more of these means or by any other means it may think suitable: Provided that any such rules may be made, altered or rescinded without previous publication if the 3[Revenue Commissioner], or the District Magistrate, as the case may be, is satisfied that circumstances exist which renders it necessary that such rules or alterations therein or rescission thereof should be brought into force at once. (7) Notwithstanding anything hereinbefore contained in this section or which may be contained in any rule made thereunder, it shall always be lawful for the competent authority to refuse a licence for, or to prohibit the keeping of any place of public amusement or entertainment 4[or to refuse a certificate of registration for or to prohibit the keeping of any eating-house, as the case may be] by a person of notoriously bad character. (8) It shall be the duty of all persons concerned to conform to any order duly made as aforesaid so long as the same shall be in operation, Gujarat Amendment: In Section 33,- (a) in sub-section (1), for the words beginning with the words “the Commissioner and the District Magistrate” and ending with the words “with this Act for” the following shall be substituted, namely: “The Commissioner, with respect to all or any of the following matters specified in this sub- section and the District Magistrate, with respect to all or any of the said matter except the 1 These words were substituted for the words “any area outside Greater Bombay” by Bom 56 of 1959, Sec. 3, Schedule. 2 These words were substituted for the words beginning with the words “reported to” and ending with “in this behalf” by Bom 8 of 1958. Sec. 3, Schedule. 3 Subs by Maharashtra Act II of 1960. 4 Ins by Maharashtra Act II of 1969. 24 matters referred to in sub-section (1-AA), may make, alter or rescind rules or orders not inconsistent with this Act, in areas under this respective charges or any part thereof, namely”- (b) after sub-section (1), the following sub-section shall be inserted, namely :- “(I-AA) A District Superintendent may, in areas under his charge or any part thereof, make, alter or rescind rules or orders not inconsistent with this Act with respect to all or any of the matters specified in clauses (d), (db), (e) and (g) read with clause (y) of sub-section (1) : Provided that the rules and orders made by a District Magistrate under sub-section (1) for any of the matters specified in the said clauses and in force in any area immediately before the commencement of the Bombay Police (Gujarat Amendment) Act, 1977 (Gujarat 16 of 1978) shall continue in force therein as if made by the District Superintendent under this sub-section, until altered or repealed or amended by a competent authority”; (c) in sub section (6), in the proviso, for the words “the Commissioner or the District Magistrate”, the words “the commissioner, the District Magistrate, or as the case may be, the District Superintendent”, shall be substituted.1 In Section 33 in sub-section (1), in the proviso, omit “or that Act as in force in the Saurashtra area or the Kutch area of the State of Bombay, the Abkari Act, the Hyderabad Intoxicating Drugs Act, the Central Provinces and Berar Excise Act, 1915 or the Central Provinces and Berar Prohibition Act, 1938”. 2 In section 33 in sub-section (1), after clause (a) the following clauses shall be inserted, namely: "(aa) licensing and controlling persons offering themselves for employment at hills, mountains or such other places for carrying pilgrims, tourists or other passengers and their baggages or goods on such bills, mountains or places, and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed”. 3 In section 33 in sub-section (1), in clause (da) for the words “upon a vessel” the words “in, or in the vicinity of, a street or any public place or upon a vessel” shall be substituted and the following proviso shall be added, namely : “Provided that nothing in this clause shall apply to the display of any news-board or public notice by or on behalf of a political party, a public institution or a panchayat or municipality or municipal corporation or other local authority constituted under any law for the time being in force.”4 In sub section (1-A), for “area of the pre-Reorganisation State of Bombay, excluding the transferred territories” substitute “State of Gujarat”. 5 In sub-section (2), in clause (i), for the brackets and letters “(a), (b)” the brackets and letters “(a), (aa), (b)” shall be substituted.6 1 Vide Gujarat Act 16 of 1978. Sec. 9, w.e. f. 3-3-1978. 2 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3 Vide Gujarat Act 30 of 1962, Sec. 2, w.e.f. 30th August, 1962. 4 Vide Gujarat Act 4 of 1964, Sec. 2, w.e.f. 26th January, 1964. 5 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 6 Vide Gujarat Act 30 of 1962, Sec. 2, (w,e f. 30th August, 1962.) 25 In sub-section (4), omit “if made in relation to any area outside Greater Bombay”. 1 In Sec. 33. in sub-section (4), for the words “the Revenue Commissioner” the words “such authority as the State Government may appoint in this behalf” shall be substituted.2