Vidhi Codex

section 6

Failure to provide Public Safety Measures

The Assam Public Safety (Measures) Enforcement Act, 2023
Criminal202311 sections
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Statutory text
  1. (1) The Assistant Commissioner of Police
    • (ACP) or Deputy Superintendent of Police
    • (DSP) or the Sub Divisional Police Officer
    • (SDPO) of the concerned area shall, on receipt of report from the concerned Inspector of Police having jurisdiction over the area under section 5, shall issue a show cause notice to the owner or manager or person or the persons who are running any such establishment, giving 15 days time for compliance.
  2. (2) If an owner or manager or person or the persons who are running any such establishment and an owner or society or person or persons owning or managing a residential building, on receipt of show cause notice issued under sub-section
  3. (1) above, fails to comply with the directions of notice, the concerned Assistant Commissioner of Police
    • (ACP) or Deputy Superintendent of Police
    • (DSP) or Sub Divisional Police Officer
    • (SDPO) as the case may be levy a compounding fee on the owner or manager or society or person or the persons running such establishment or owning or managing a residential building -
    • (a) for the first month of default Rs. 5,000/-
    • (b) for the second month of default- Rs. 10,000/-
  4. (3) In case of any failure on the part of the owner or manager or the person or persons running an establishment, to comply with the directions, within a period of two months, 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 Deputy Superintendent of Police
    • (DSP) the Sub Divisional Police Officer
    • (SDPO) or having jurisdiction over the area: Provided that the religious institutions or any other religious place shall not be sealed.
  5. (4) The licensing authority concerned shall, on receipt of such report under sub-section
  6. (3) above, shall issue show cause notice to the owner or manager or person or the persons who are running any such establishment and initiate action as per the provisions of law governing the issuance of license.

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