Amendment status not verified — confirm the current text below against the official source.
Takmg over possesswn of bUL!dmg and premises for pr_eventmg .. not- (1) The semor most pollee officer not below the rank of Inspector present at the spot may temporanly close or take over any bulldmg or other place for a penod not exceedmg twenty four hours for preventmg or suppressing j 1 I .j • • • 33 any Mmmment not or grave d1sturbance of peace and may remove all or any persons therefrom or allow entry thereon only for such fixed persons on such condat10ns as he deems fit and all persons concerned shall be bound to behave themselves m accordance w1th such orders Provtded that whale takmg such steps the d1fficult1es caused to women, children, semor c1t1zens and d1fferently abled persons, etc. shall be taken mto account and such dafficultaes shall be av01ded as far as poss1ble. Prov1ded further that for g1vmg and 1mplementmg such dJrect1ons, beyond twenty four hours and up to s1xty days, orders m wntmg of the D1stnct Magtstrate shall be necessary (2) The D1stnct Magtstrate may, on hts own motton or on the apphcat10n of any aggneved person by an order under sub-sect ton ( 1 ), cancel or amend any such order 68 Handlzng of acczdents or dzsaster -At the time of occurrence of a senous acctdent or dasaster at any place tf tt appears to the semor most pohce officer present at the spot that any d1spute or confltct of opm10n or contentaon or confusiOn etc , extsts there whtch may be a ground for the posstb1hty of an 1mmment and grave d1sturbance of the peace or v10lat1on of law and order or causes great mconvemence to the general pubhc or danger, he may gtve such orders as the carcumstances may warrant as to the behavaour of all persons and all persons concerned shall obey such orders 69 Actwns on the occaswn of fire, dzsaster or acczdent- (1) On the occasaon of a fire, dtsaster or acc1dent any pohc~ or any member of the fire servaces or any Magistrate or m the absence of any such person any pubhc servant may do the followmg matters, namely - (a) remove or order to remove those causmg hmdrance m the rescue and rehef operattons for protectmg hfe or property, (b) close any street or passage, pubhc or pnvate, needed for the purpose of rescue and rehef operattons, (c) enter, open, break down, or allow passage of any hose ptpe or ' other equtpments by htmself or by those actmg under has orders m any premase, pubhc or pnvate, needed for the purpose of rescue and rehef operattons for protectmg h fe and property, (d) take such appropnate and reasonable ammedtate steps as may deem necessary for the protectaon of hfe and property; .,1112St/U. 34 (e) requtre equtpments or other thmgs, publtc or pnvate, need~ for the protectton of ltfe and property and those m possesston of such arttcles shall gtve the same under the dtrecttOn of the Poltce Officers (2) Any damage happened m pursuance of the dtrectwns gtven under sub-sectton (I) shall be deemed to be a damage by fire, dtsaster or acctdent etc , ehgtble for msurance coverage wtthm the meanmg of any msurance pohcy agamst fire, dtsaster or acctdent, etc and m the absence of such msurance the Government may pay to the concerned parttes a reasonable amount as compensatiOn, as may be assessed by the Dtstnct Magtstrate (3) Nothmg m th1s sectwn shall exempt any Pohce Offtcer or any member of the fire servtces or any Magtstrate or pubhc servant from the habtltty for damages caused on account of any acts done by htm wtthout reasonable grounds 70 Polzce equzpment to be exempted from lzcenszng - The Government may exempt any eqmpment or arttcles m offictal use, held under the ownershtp of the Poltce Department for the purpose of dtschargmg any of tts functwns, from the condtttons of obtammg a ltcense for the same under any law or from the payment of any armual fee or hcense fee to any Governmental Agency or Pubhc Authonty 71 Polzce officer to furnzsh mformatwn, etc -Any poltce off1cer may furntsh any offic1al mfonnatton before a Magtstrate and apply for the t~sue of summons or warrant or search warrant or such other lawful processes under law agamst any person who had commttted an offence or for the dtscovery c.f a thmg . CHAPTER VI POUCE REGULATIONS 72 Traffic Regulatory Commzttees -(I) In every Grama P<!nchayat, Muntctpaltty and Corpor~ttOn Traffic Regu-latory Commtttees shall be constituted as may be prescnbed, for regulatmg matters m respect of 11 affic (2) The concerned head o'f the Local Government mstttutton shall be the ChalfDlan of the Traffic Regulatory Commtttee and the nommees of the Dtstnct Magtstrate, the Dtstnct Poltce Chtef, the Regtonal Transport Officer and the Executtve Engmeer of Pubhc Works Department shall be the members of the satd Corruruttee • 35 ..__ (3) The Traff1c Regulatory Comm1ttee shall 1ssue orders, not mcons1stent w1th the prov1s1ons of the Motor Veh1cles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder, for prevent.mg danger, obstructiOn and mconvemence caused to the general public m respect of traffic m the followmg matters Such orders tssued shall be complied w1th by the Government Departments concerned, the officers and the general public, namely - (a) regulate the manner and t1me of traffic of all kmds m public places, (b) regulate the gateways, festoons, banners, hoardmgs, s1gns, representatiOns, 1llummated d1splays, construction act1v1ty, trade, weldmg, envtronmental pollutiOn, nutsance by n01se, blastmg of rocks, m1mng, burstmg of crackers, flymg of kites and fireworks etc , seen m any property m the manner havmg the posstblllty of d1stractmg attentiOn of the public road users or causmg danger to them, (c) regulate the manner and mode of conveyance of timber, poles, ladders, 1ron g1rders, beams, 1ron bars, b01lers, hay, s01l and art1cles d1fficult m handling, etc along the streets, (d) regulate the carrymg of any explos1ve substances or hazardous chem1cals along pubhc places wh1ch may cause danger. to road users, (e) close certam streets or mstruct that no one shall enter m certam places under Circumstances that there 1s reasonable apprehensiOn of danger from butldmgs wh1ch are on the verge of collapse or due to other reasons, (f) regulate the manner and means of entry from streets and pubhc places to pnvate bUtldmgs and places Situated on the road s1de, --- (g) fix the manner m wh1c!I the members of the general pubhc may voluntanly ass1st m traffic management w1thout causmg any financ1al hab1hty m that respect to the State or the Pohce Department (4) SubJect to the approval of the Traffic Regulatory Comm1ttee, the D1stnct Pohce Ch1ef may 1ssue orders on the above matters and such orders shall be subm1tted before the concerned Traffic Regulanty Comm1ttee w1thm seven days 36 (5) The orders submttted m such manner shall be constdered bfthe Traffic Regulatory Commtttee and appropnate dectston shall be taken thereon Provtded that the orders tssued by the Dtstnct Pohce Chtef shall remam m force until a dectston ts taken by the Traffic Regulatory Committee. (6) A Distnct Level Traffic Regulatory Commtttee shall be constituted, m the manner prescnbed by the Government, for coordmatmg the acttvtttes of the Traffic Regulatory Committees in a D1stnct and to estabhsh traffi,; regulations for the dtstnct as a whole m the above matters 73 Regula/zan of phys1cal trammg -( l) No person shall 1m part or orgaruze any phystcal trammg which mvolves method of exercises regardmg d1l attack or self defence to the pubhc or any person or persons or to part1c1pate therem except m accordance w1th the provisiOns m the perm1t gtven for this by an authonty whtch as may be prescnbed: Provtded that the prov1stons of the sub-sectton shall not apply to any trammg,- (1) c·onducted by an educatiOnal mst1tut10n owned or controlled by the Government or affiliated to any Umversuy m the State as part of Its cumculum or course of study; or (11) gtven by a club or gymnasmm recogmzed by the Kerala Sports Counctl (2) No person shall permtt any person havmg no perm1t in the matter to use any butldmg or prem1ses owned or possessed by h1m for conductmg such phystcal trammg (3) The permit under sub-section ( l Y shall be g1ven subJect to such condtttons and restncttons and on payment of such fees as may be pre-scnbed (4) Any Pohce Officer, not below the rank of a Sub Inspector, !.hall have free entry m any place where trammg ts conducted for ensunng that such trammg ts conducted m accordance wtth tlus Act and the Rules made thereunder I l • ~ 37 74 Power to cancel perm1t -( 1) The authonty prescnbed under sub- section (I) of section '73 may, by order, cancel or suspend a perm1t granted under the sa1d section,- (a) 1f any fee payable by the holder of such permit IS not duly patd, or (b) m the event of any viOlation of the terms and conditions of such permit, by the holder of such perm1t or by hts servant or by any person actmg · on h1s behalf wtth hts express or tmphed perm1sston, or (c) tf the holder of such permtt IS convtcted by a court of law for any offence mvolvmg moral turpitude or anttsoctal actiVIty, or (d) 1f the holder of such permit IS found, after due enquuy, mvolved 10 any anti soctal actiVIty as defmed m the Kerala Anti Soctal Acttvlttes (Prevention) Act, 2007 (34 of 2007) (2) An appeal aga10st an order under sub-section ( 1) shall be filed before the Inspector General of Pohce havmg junsdtction over the area where the place of such trammg IS Situated 75 Power to proh1b1t mass dn/1 -(I) The Dtstnct Magistrate may, whenever he cons1ders 1t necessary to do so for the preservatiOn of pubhc peace or pubhc safety or for the mamtenance of public order, by pubhc nottce or by order d1rected at md1vtduals or orgamsattons, proh1b1t 10 any area wtthm hts JUnsdtctton the holdmg of or taking part m any mass dnll or any mass trammg wtth arms or the carrymg of arms m any processiOn or takmg part therem ExplanatiOn -For the purposes of thts sectiOn "arms" means any object whtch can be used as a weapon for commtttmg offence and mchrdes any type of Iatht or suck (2) No prohtbthon under thts sectton shall remam m force for more than three months • Provtded that tf the Government constder It necessary so to do for the preservation of pubhc peace or pubhc safety or for the mamtenance of pubhc order, tt may, by order pubhshed m the Offictal Gazette, dtrect that any such order of prohibition Issued by the Dt.stnct Magistrate under sub-sectton ( 1) shall rem am m. force for such further penod not exceedmg SIX months from the date of exp1ry of ~uch order. - 76 Power to reserve any street or public place -The Dtstnct Pohce Chtef may, subject to the orders of the Government, by pubhc nottce, temporanly reserve anl' pubhc place or street f~r any pubhc purpose and probtbtt persons from entenng the area so reserved except under such conditiOns as may be specified by htm 38 77 Regulatmg nu1sance caused by no1se -(I) The Dtstnct Pollee Cht( f may, m order to prevent nutsance, hann, odJUm, damage or nsk to the pubhc or to .any person restdmg m an area tf he IS satJsfied that 11 JS necessary to do so, tssue necessary spec1al or general dtrect10ns for preventmg or regulatmg m any street, open space or any other butldmg,- {a) any vocal or mstrumental mustc or speech, (b) any sound caused by the use m any manner whatsoever of any mstrument or contrivance whtch ts capable of making, producmg, reproducmg or ampllfymg sound , or (c) any trade, vocatiOn or acttvtty whtch creates or causes any sound or notse (2) The Dtstnct Pollee Chtef may etther on hts own motwn or on the apphcauon of any person aggneved by an order made under sub-sectiOn (I) rescmd, modtfy or alter any such order 78 RegulatiOn to prevent vzolence--{ 1) The Dtstnct Pollee Chtef may, tf Jt IS satisfied from the ctrcumstances that 11 ts necessary for the preservalwn of pubhc peace or pubhc safety, by nottficauon, etther proclaimed or specrfically addressed to mdtvtduals, prohtbtt or control m any manner for a perrod not exceedmg fifteen days m any place,- (a) the preparation, storage or transport of destructive matenal, explostves, gun powder, stones or other mtsstles or mstruments whtch can be used for the makmg of or launchmg of mtsstles or any weapon or any other obJect whtch can be used for attack, or {b) the exhtbttJOn of hvmg persons or corpses, or (c) the preparation, exhtbttJOn, representation, dtstnbutwn or dtssemmatton of ptctures, symbols, placards, pnnted matter, pamphlets, books, audto-vtdeo recordmgs, dtgttal records, posters whtch may mflame communal or rehgwus passwns or offend general standards of pubhc morahty or senously affect pubhc peace or endanger secunty of the natwn (2) Any article used or earned by any person m contraventwn of any prohtbttwn under sub-sectwn ( 1) may be setzed by a Pohce Officer on duty • I I I I • • 39 79 Regulatwn of public assemblies--{ 1) The D1stnct Pohce Clnef may, 1f m h1s cons1dered opmwn, such action 1s JUStified m the mterest of mamtenance of law and order or preservatiOn of pubhc peace or pubhc safety, by notificatiOn proclaimed, perm1t, control or regulate any pubhc assembly or processiOn m any marmer (2) No notificatiOn procla1med under sub-sect1on (1) shall remam m force for more than fifteen days from the date of such proclamatiOn .. (3) The State Government may e1ther on 1ts own motwn or after due enqu1ry on the apphcat10n of any person rescmd, mod1fy or alter or extend the penod of vahd1ty of any such notificatiOn Issued under sub-sectwn (1) ( 4) The State Government may, by general or spec1al order, on busy through fares, spec1fy that such demonstratiOns, ralhes or assembhes should be earned out only at certam spec1fied places or along spec1fied routes m urban areas for ensunng that demonstratiOns on busy public roads do not senously affect pubhc hfe 80 District Magistrate to make regulatwns -( 1) The D1stnct Magistrate may m consultatiOn w1th the Local Self Government and wnh the D1stnct Pohce Ch1ef make and notify regulations, from t1me to t1me, m any local area, as he deems fit,- for the followmg purposes- (a) preventmg any act1v1ty, damagmg, defiling or destroymg of pubhc property, or endangenng pubhc hyg1ene or environment or defiling water bod1es and water sources, (b) preventmg the dumpmg of any matenal m any public place other than at such times and places spec1fied by the competent authonty mcludmg the Local Self Government, (c) controlling the movement, not m conformity w1th regulatwns spec1fied m th1s regard, of any waste or hazardous matenals through pubhc streets and to or from houses and bmldmgs on public streets, m order to ensure necessary hyg1ene, (d) regulatmg the exposure or movement m any street of persons or ammals suffenng from contagiOus or mfect1ous d1seases, the carcasses of arumals or human bemgs, or parts of such carcasses or waste from abattmrs or deadly b10log1cal or chem1cal products, (e) regulatmg the constructiOn, repa1r and demoht10n of bu1ldmgs, platforms and other structures wh1ch may endanger the users of any street or pubhc place, 40 (f) formulatmg and regulatmg the steps for co-ordmat1on among Departments and between the Pohce and such Departments before undertakmg any work on the streets for purposes such as provtston for electnctty, water, sewage, exchange of mformat10n, commumcat10n, removal, repatrS, adverttsmg, dtggmg, separatiOn etc , m a manner affecting the traffic, pnor to commencement of such work so as to enable the Pollee to make suitable alternative arrangements dunng the penod of such work and to reduce mconvemence caused to the public, · (g) makmg arrangements to ensure that owners or occupiers of property, clean and dtsmfect thetr respective houses and surroundmgs and sh1 ftmg the persons and ammals deceased or suspected to be deceased, m order to prevent spreadmg of eptdemtc or contag10us dtseases, (h) regulatmg, m order to prevent obstructwn, 1nconvemence, annoyance, nsk, danger, tnjury etc , to passers-by or to the residents m the VlClDity,- (1) activities relatmg to places of public resort, (n) arrangements relating to pubhc safety m streets, public places and buiidmgs m such places, (1i1) the blasting of rocks, (tv) any constructiOn, reparr or mamtenance work, (v) any commerctal acttVItles (2) Every such regulatiOn shall be pubhshed at the place where tt 1s to be Implemented and all persons concerned shall be hable to comply w1th the same