Bare ActsThe Karnataka Public Safety (Measures) Enforcement Act, 2017

Section 6

Failure to provide Public Safety Measures

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

Failure to provide Public Safety Measures.- (1) The Assistant Commissioner of Police (ACP) or as the case may be the Sub Divisional Police Officer (SDPO) of the area concerned shall, on receipt of report from the concerned Inspector of Police having jurisdiction over the area under section 5, in case of non compliance issue a show cause notice to the owner or manager or person or the persons who are running any such establishment, giving fifteen days time for compliance. (2) An owner or manager or person or the persons who are running any such establishment, on receipt of show cause notice issued under sub-section (1), fails to comply with the directions of notice, the concerned Assistant Commissioner of Police (ACP) or as the case may be the Sub Divisional Police Officer (SDPO) may, levy a compounding fee on 5 the owner or manager or person or the persons who are running such establishment,- (i) for the first month of default - Rs. 5,000/- (ii) for the second month of default - Rs. 10,000/- (3) In case of any failure on the part of the owner or manager or person or the persons who are running any such establishment, to comply with the directions, within a period of one month supervisory committee as specified in the rules shall examine explanation of the owner or person or persons who are running any such establishment and if the explanation in not satisfactory, the Inspector of Police having jurisdiction over the area shall, seal the premises temporarily and send a report to licensing authority concerned, through the Assistant Commissioner of Police (ACP) or as the case may be the Sub Divisional Police Officer (SDPO) having jurisdiction over the area: Provided that the religious institutions of Endowments Department or any other religious place and educational institutions shall not be sealed. (4) The licensing authority concerned shall, on receipt of such report under sub- section (3), issue show cause notice to the owner/manager/ person or the persons who are running any such establishment and shall cancel license. 7.Appeals .- (1) Any person or establishment aggrieved by the order under or any of action of Assistant Commissioner of Police or sub-division police officer taken under this Act, may prefer an appeal to the jurisdictional Deputy Commissioner of Police or Superintendent of Police as the case may be within thirty days from the date of order or action. The Deputy Commissioner of Police or Superintendent of Police as the case may be shall hear and dispose the appeal in such manner as may be prescribed. (2) Any person or establishment aggrieved by the order of the Deputy Commissioner of Police or Superintendent of Police; may prefer a second appeal to the Commissioner of Police or the Inspector General of Police of the range as the case may be, within thirty days from the date of such order and in all cases order of the Commissioner of Police or the Inspector General of Police shall be final. The Commissioner of Police or the Inspector General of Police shall dispose such applications in such manner as may be prescribed.

Section 6 – The Karnataka Public Safety (Measures) Enforcement Act, 2017 | DailyLaw.ai