Chapter IX Chapter IX

1. It shall be the duty of the person intending to organise procession on any road, lane or common road or convene meeting at public place, to give written intimation to the Station House Officer of the concerned Police Station in this regard. 2. a) Any officer, at least of the rank of Assistant/Deputy Superintendent of Police, shall wherever necessary, give directions, for conduct of all meeting, procession on all public street, lane or common road and shall decide the route and time for the passage of any of such processions. b) On being satisfied that any person intends or persons intend to organise or convene public meeting or procession on any street, lane or common road, which in the opinion of the District Magistrate or the Sub-Divisional Magistrate may disturb peace, in case it goes out of control, shall ,through a general or special notice also call upon the person organising or convening such public meeting or leading or encouraging such procession, to apply for the license thereof. c) After application is given, he shall issue a license, which shall contain names of the concerned license holder and the conditions on which convening such public meeting or procession, shall be allowed, provided no fee shall be charged for granting such license. d) He shall also regulate the limit of the volume of the music to be played in lane on the occasion of music concert or festivals or other occasions.

1. Police Officers at least of the rank of Sub inspector authorised for this purpose by any magistrate or District Superintendent of Police shall prevent or order for dispersal of the public meeting or procession violating the conditions specified under sub-sections (1) and (2) of section (66).

2. Any public meeting or procession ignoring or denying to follow any order specified in the above sub-section (1) shall be treated as illegal meeting under chapter XIII of the Indian Penal Code, 1860.

1. The District Magistrate or the District Superintendent of Police or Sub-divisional Magistrate or Magistrate or Sub-Divisional Police Officer or Station House Officer of the police station is of the opinion that, in order to prevent annoyance of people or any of its class or to prevent the injury to their health or to maintain peace or tranquillity, it is necessary to do so, shall, in the area of its jurisdiction or in such area, by order, be able to forbid, prohibit or regulate the playing of microphone, loud speaker or sound amplifier or shall be able to impose condition on their use and operation.

2. The Government, suo motu or on the representation of any aggrieved person or persons may modify or change or cancel any order issued under sub-section (1)

3. Police Officer, at least of the rank of Sub-inspector, in order to ensure the compliance of any order issued under sub-section (1) or any order modified or changed under sub-section (2) may take such measures or use such force as proper and expedient and may confiscate any microphone, loud speaker or other instrument being used or operated to violate the order.

4. The police officer impound the microphone, loud speakers, or other instruments under sub-section (3) may also impound any such vehicle on which such microphone, loud speaker, or other instrument is being carried, or being taken or has been installed.

Provided, the Police Officer, at least of the rank of sub Inspector of that police station under the jurisdiction of which the vehicle has been impounded, may release such vehicle on the bond of an amount not more than Rs. 5,000, which he deems proper, executed in favour of the Government by the owner of the vehicle with the condition that the vehicle shall be presented at the time of investigation or trial and that the person shall surrender the vehicle if given instructions to surrender under sub-section (5).

5. If any person, contravening the order of the District Magistrate, District Superintendent of Police, or Sub-Divisional Magistrate or any Magistrate or any Sub-Divisional Police Officer or Station House Officer of any police station issued under sub-section (1) or modified or changed by the Government under sub-section (2), is convicted, shall be liable to a penalty of up to Rs. 1,000 and the court conducting trial of offence under this section, shall also issue the order to surrender the microphone, loud speaker or other instrument impounded under sub-section (3) or the vehicle impounded under sub-section (4) and released under the provision thereof.

6. The provision of this section shall be in addition to the power vested by any other section and shall not be a dilution thereof.

The District Superintendent of Police or any officer authorised by him in this regard, shall, in order to prevent obstruction, injury or difficulty caused to a person passing through the street, and control pollution, by general or special order issue proper instructions to maintain order on public street and lane, common road or any public place.

The person not complying with the legal orders issued under sections (69) and (71), may be arrested and on being convicted by the Magistrate, shall be punished with fine which may extend to Rs. 10,000.

1. The District Magistrate, through intimation may temporarily reserve any public place for public purpose and may prohibit the passage of people except under specified conditions.

a) The District Magistrate for erecting barrier and other necessary structure in street or lane may authorise any police officer so that checking of vehicle could be conducted or violation of any provisions by the vehicle owner could be prevented.

b) At the time of issuing such orders, necessary measures for insuring safety of commuter shall also be determined.

c) Such temporary structures may be removed after completion of the purpose of its erection.

Any person causing obstruction in discharge of duties or obstruction in performance of work of police officer on conviction shall be punished with fine which may extend to Rs. 5,000 or with a simple imprisonment, which may extend to a maximum of three months, or both.

If any person, not being a member of the Police Force, wears, without the permission of the office authorised by the Government in this behalf, the Uniform of the Police Force or any dress having the appearance or bearing any of the distinctive marks of the Police Uniform, shall, on conviction, be punished with simple imprisonment which may extend to a maximum of six months of simple imprisonment or fine, which may extend to a maximum of a Rs. 1,000, or both.

It shall be the duty of the Police Officer to take charge of the unclaimed properties and submit a list thereof to the District Magistrate. The Police Officer, in relation to the disposal of such property, shall be guided by the orders received by the District Magistrate.

1. The District Magistrate may keep the property in his charge and issue proclamation wherein he shall specify the item of the owner and shall require the person making any claim in this regard to establish his claim within Six Months of the date of proclamation in this regard.

2. Provision of section 457 of The Code of Criminal Procedure, 1973, (2 of 1974) shall apply in relation to property specified in this section.

1. If no person within such period establishes his claim on such property or if the same has not already been sold off under sub-section (2) of previous preceding section and if it is sold, such a sale shall be made under the order of the District magistrate.

2. The proceeds of property sold under preceding section and the proceeds of the property sold, whose claim could not be established, shall be dealt with in such a manner as prescribed by the Government.

If a person on ceasing to be a police officer does not deliver his certificate of appointment, accoutrements, clothing and other necessaries, which have been furnished to him for the performance of his duties, on conviction by the Magistrate, shall be liable for a fine, which may extend to Rs. 10,000.

Every police officer, found guilty of dereliction of duty or guilty of neglecting any rule or regulations of lawful order formulated by the competent authority or withdraws himself from the duties of his office for a period of two months without prior permission or prior information or on being on leave fails to report on his duty on completion of such leave without valid reason or is engaged in any other employment different from his duty without permission or is guilty of cowardice or guilty of unauthorised personal violence against any person under his custody, shall, on conviction, be punished with a fine equal to the salary of three months or three months with or without rigorous imprisonment or both.

1. Any person, committing following offence, causing inconvenience, annoyance to the residents or commuters on any street or lane or common road within the border of the area specially notified by the District Magistrate or on the open space in the vicinity, thereof shall, on conviction, be liable to pay a fine, which may extend to a maximum of Rs. 5,000:

a) Negligently let loose any animal, or allow animal or vehicle, which has to be loaded or unloaded, or has to take up or set down passengers, to remain there for longer than may be necessary for such purpose or leaving any vehicle standing in a disorderly manner.

b) Found drunk and creating disturbance.

c) Neglects to fence in or duly protect any well, tank, pond, or other dangerous place or structure in his control or occupation, or causes obstruction in any other manner in public place.

d) Without the prior consent of the owner defaces of affixes any bill or writes slogan on walls, buildings or any other structure.

e) Wilfully enter into any Government building, land or field connected therewith without any sufficient reasons.

f) Knowingly creates rumours, gives false alarms in order to create confusion in police. Fire brigade or other necessary services.

g) Knowingly destroys or damages any public alarm system.

h) Knowingly and wilfully causes damage to spread terror in public.

i) Contravenes notices displayed in the public by competent authority in any Government building.

j) Provided the police takes cognizance of the offence on the complaint lodged by any authorised officer of the concerned office.

k) Harassing any women by passing lewd remarks, indecent proposal, or indication or by following her clandestinely. Provided police takes cognizance of such an offence on complaints made only by the victim.

2. It shall be lawful for any police officer to arrest such person who commits any of the offences mentioned under sub-section (1). However, the person so arrested shall be released on bail of personal bond.

1. All the general guidelines, regulations or public notices issued under this chapter hall be published, by affixing a copy thereof at the office of the District Magistrate, Sub-Divisional, Divisional/Regional offices, office of the Panchayat, and displaying at a distinctive place in building and places connected therewith or by making a declaration of the notice by beating drums or by giving advertisements thereof in the newspaper and other media or through other means as the Superintendent of Police deems fit, shall be published. Provided that the Superintendent of Police on being satisfied that it is in the public interest to implement any regulation with immediate affect such a direction and regulation may be formulated without prior publication.

2. If any instruction or regulation formulated under this section is related to any case in connection to which there is a provision in any corporation or other town or local authority on public health or any law or rule or sub-rule relating to facility or security of the area. Such a regulation shall be subject to such law, rule or sub-rule.

When an offender is a police officer, under this Act no court, except on receiving written report by the Government on the facts of other offence or on prior sanction of any officer authorised by the State Government, shall take cognizance.

Subject to the provisions included in section 300 of the Code of Criminal Procedure, 1973, person from being prosecuted or tried under any other law made punishable by this Act.

(1) Any Magistrate taking cognizance of an offence punishable under section 72, 77 & 78 may state upon the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the court a sum as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified in sub-section (1), no further proceedings in respect of the offence shall be taken against him.

On conviction by any Magistrate, the provisions of sections 64 to 70 of the Indian Penal Code, 1860 and sections 386 to 389 of the Code of Criminal Procedure, 1973, shall apply in recovery of penalties and fine imposed under this Act. Provided that any thing being mentioned in section 65 of the Indian Penal Code, 1860, if a person does not pay the fine imposed under section 73, 78 & 79 of this chapter, he may be punished with imprisonment of any period which shall not extend for more than eight days.

No court, after the end of the time period provided in section 468 of the Code of Criminal Procedure, 1973, shall take cognizance of any of the offence under this chapter. In order to calculate the time period, provisions of chapter XXXVI of the Code of Criminal Procedure shall apply.