The Bihar Public Safety (Measures) Enforcement Act, 2024

Short title, extent and commencement -

1. (1) This Act may be called the Bihar Public Safety (Measures) Enforcement Act, 2024.
2. (2) It extends to such areas as maybe identified and notified by the Government in the Official Gazette from time to time.
3. (3) It shall come into force in such areas as notified under sub-section (2) above from such date or dates as the State Government may, by notification in the Official Gazette, appoint.

Definitions-In this Act, unless the context otherwise requires,

1. (a) “Establishment” means a place frequented by large number of people with a likelihood of public gathering such as commercial establishments, industrial establishments, religious places, educational institutions, hospitals, sports complexes, railway stations, bus stations, outside premises of banking institutions, places of organized congregation and apartments (as defined is section 2
2. (e) of The Real Estate (Regulation and Development Act, 2016) and it includes such other establishments as the Government may, by notification, declare to be an establishment for the purpose of this Act;
3. (b) “District Magistrate” shall include Additional District Magistrate and any other officer authorized by the State Government ;
4. (c) “Government” means the State Government of Bihar;
5. (d) “Notification” means a notification published by the Government in the Official Gazette and the word “notified” shall be construed accordingly;
6. (e) “Prescribed” means prescribed by rules under this Act;
7. (f) “Public Safety Measures” means Access Controls or Closed Circuit Television
8. (CCTV) Camera Systems and any other device prescribed for maintaining safety and security at entry and exit points and any other place of the establishments as prescribed and their designated parking areas by installing,
   • (i) Access Controls through physical or technical means or both;
   • (ii) Closed Circuit Television
9. (CCTV) Camera Systems with a provision for storage of video footage for thirty days or more as prescribed;
   • (iii) Closed Circuit Television
10. (CCTV) Cameras Systems as prescribed to be installed facing the road adjoining the establishment with a provision for storage of video footage for thirty days or more as prescribed ;
    • (iv) The technical equipment, as per the specifications as may be prescribed;
11. (g) “Public Safety Committee” means the Committee constituted by the State Government under sub-section

1. (1) of section 4.

Liability to provide Public Safety Measures-

1. (1) Every owner or manager or the persons running an establishment frequented by such number of people or having such number of average foot falls per day or likelihood of gathering of such number of people at a time as the Government may by notification declare, shall provide and maintain public safety measures for the safety and security of the people visiting such establishments.
2. (2) Every owner or manager or the persons running such establishment shall save and store video footage properly for a period of thirty days or for a period as prescribed and shall provide the same as and when required by an authority as may be notified by the Government.

Constitution and functions of Public safety Committee-(1) The State Government shall constitute the Public Safety Committee for one or more areas for the purposes of this Act.

1. (2) The Public Safety Committee shall consist of such number of representatives with such designations and such other persons as may be prescribed.
2. (3) The Public Safety Committee shall identify establishments under the Act, maintain the records of the establishments, may visit the establishments for threat assessment, issue instructions to the establishments regarding the public safety measures and carry out such other functions as may be prescribed.
3. (4) The Public Safety Committee may constitute such number of Public Safety Sub- Committees under it to assist the Public Safety Committee in the effective implementation of public safety measures.
4. (5) It shall be obligatory for the establishments to deploy such public safety measures as are ascertained and recommended in writing by the Public Safety Committee, within three months.

Powers of Public Safety Committee or Public Safety Sub-Committee to

Inspect the premises-

1. (1) Any officer of the Government duly authorized by the Public Safety Committee or Public Safety Sub-Committee of the area concerned may, at reasonable hours of the day and after giving notice of at least two days, enter into any premises of any establishment for inspection of the installation and submit a report to the Public Safety Committee in case of any default or violation. The Public Safety Committee may issue necessary instructions in writing to the establishment and the same shall be complied within a period of one month.
2. (2) In case of failure of any establishment in complying with the inspection report, the Public Safety Committee may levy a penalty to the owner or manager or persons running such establishments – i. For the first month of default– Rs.10,000; ii. For the subsequent months of default–Rs.25,000 per month.

Appeal-

1. (1) Any person or establishment aggrieved by the recommendation

of the Public Safety Committee under sub-section

1. (3) of section 4 or the order of the Public Safety Committee imposing penalty under sub-section
2. (2) of section 5 within thirty days from the date of concerned order may prefer appeal to the District Magistrate of the district within whose jurisdiction the establishment is situated. The appeal shall be filed within thirty days from receipt of the order.
3. (2) The District Magistrate may, after giving an opportunity of hearing to the

appellant pass such order as he may deem fit.

1. (3) The establishment shall comply with the orders of the District Magistrate and pay the penalty within thirty days from the date of issue of such orders.
2. (4) In case any establishment makes default in payment of penalty, the same shall be recovered as an arrear of land revenue.

Saving- The provisions of this Act shall be in addition to and not in derogation

of the provisions of any other law for the time being in force.

Protection of action taken in good faith- No suit or legal proceedings shall lie against the members of the Public Safety Committee or the Public Safety Sub- Committee or any member of such Committee or the District Magistrate in respect of anything which is done or intended to be done in good faith under this Act or any rules made there under.

Power to make rules-

1. (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. a. In particular and without prejudice to the generality of the foregoing power, such rules may be made to provide for all or any of the matters expressly required or allowed by this Act to be prescribed by rules. b. All rules made under this section shall be laid for not less thirty days before the State Legislature as soon as may be after they are made and shall be subject to recision by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. c. Any recision or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

Power to remove difficulties-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
2. (2) Every order made under this section shall be laid as soon as possible, after it is made, before the State Legislature.
3. (3) In case of any ambiguity in interpreting any of the provisions of Act, the English version of the Act shall be deemed to be the authorized text.