Chapter IV POLICE REGULATIONS

31. Power to make orders for regulation of traffic and for preservation of order in public place, etc. (1) The Commissioner and the District Magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind orders not inconsistent with this Act, for,— (a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, bus stands and outside railway stations, for the carriage of passengers’ baggages, and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (c) prescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used; (d) licensing, controlling or prohibiting the display of any pictures, advertisements, news boards, or public notices upon a vessel or boat in territorial waters or on inland waterways other than national waterways; (e) prescribing certain hours of the day during which animals shall not be driven along the streets or along certain specified streets, except subject to such regulations as he may prescribe in that behalf; (f) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street or public place; (g) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance; (h) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substance; (i) prohibiting, except along certain specified streets and during specified hours and subject to such regulations as he may prescribe in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animals or parts thereof and the corpses of persons deceased; (j) prescribing certain hours of the day during which ordure or offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except subject to such rules as he may make in that behalf; (k) setting apart places for the slaughtering of animals, the cleaning of carcases or hides, the deposit of noxious or offensive matter and for obeying calls of nature; (l) in cases of existing or apprehended epidemic or infectious diseases of men or animals or birds, the cleanliness and disinfections of premises by the occupier thereof and residents therein and the segregation and management of the persons or animals deceased or supposed to be deceased, as may have been directed or approved by the Government with a view to prevent the disease or to check the spreading thereof; (m) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only the use of any source, supply or receptacle of water, and providing against pollution of the same or of the water therein; (n) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the playing (1) (o) regulating the conduct of and behaviour or action of persons, constituting assemblies and processions on or along the streets and prescribing in the case of processions, the routes by which, the order in which and the times at which the same may pass; (p) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct the traffic or the free access of light and air; (q) prohibiting, except under such reasonable rules as he may make, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place; (r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting,— (i) the illumination of streets and public places and the exteriors of buildings abutting thereon by persons other than servants of Government or Municipal Officers duly authorised in that behalf; (ii) the blasting of rock or making excavations in or near streets or public places; (iii) the using of a loudspeaker in or near any public place or in any place of public entertainment; (s) closing certain streets or places temporarily in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable; (t) guarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public; (u) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly discharging a fire-arm or air gun, or letting off, or throwing a fire-work, or sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable rules, as he may make in that behalf; (v) regulating the hours during which and the manner in which any place for the disposal of the dead, any Dharmashala, or village-gate or other place of public resort may be used so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto; (w) (i) licensing or controlling places of public amusement or entertainment; (ii) prohibiting the keeping of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity; (iii) regulating the means of entrance and exit at places of public amusement or entertainment or assembly and providing for the maintenance of public safety and the prevention of disturbance thereat; (x) (i) licensing or controlling with such exceptions as may be specified, the musical, dancing, mimetic, or theatrical or other performances for public amusement, including melas and tamashas; (ii) regulating in the interest of public order, decency or morality or in the interest of general public, the employment of artists, and the conduct of the artists and the audience at such performances; (iii) prior scrutiny of such performance by a Board appointed by the Government or by an Advisory Committee appointed by the Commissioner or the District Magistrate in this behalf; (iv) regulating the hours during which and the places at which such performances may be given; (y) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement; (z) prescribing the procedure in accordance with which any licence or permission sought to be obtained or required under this Act should be applied for, and fixing the fees to be charged for any such licence or permission: Provided that any action taken under the orders made under this sub-section or the grant of a licence under such orders shall be subject to the control and supervision of the Government. (za) Regulating, controlling and monitoring of safety and security of children. (2) (i) The power of making, altering or rescinding orders under clauses (a), (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t) and (u) and in so far as it relates to any of the aforesaid matters under clause (z) of sub-section (1) shall be subject to the control of the Government. (ii) The power of making, altering or rescinding orders under the remaining clauses of sub-section (1) shall be subject to the previous sanction of the Government. (3) Every order made under clause (v) of sub-section (1) with respect to the use of a place for the disposal of the dead shall be framed with due regard to ordinary and established usages and to the necessities of prompt disposal of the dead in individual cases. (4) Every order promulgated under the authority of clause (l) of sub-section (1) shall be forthwith reported to the Government or such authority as the Government may appoint in this behalf. (5) Any order made under this section in so far as it relates to public health, convenience or safety of any locality, shall be subject to the provisions of any law relating to municipalities or other local authorities in force in such locality and any rule, regulation or bye-law made under such law. (6) The power of making, altering or rescinding orders under this section shall be subject to the condition of the orders being made, altered or rescinded after previous publication, in accordance with the provisions of section 23 of the Karnataka General clauses Act 1899 and every orders made or alteration or rescission of an order made under this section shall be published in the Official Gazette and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specifically relates or by proclaiming the same by the beating of drums or by advertising the same in such local newspapers in English or in the local language, as the authority making, altering or rescinding the order rule may deem fit, or by any two or more of these means or by any other means it may think suitable: Provided that any such orders may be made, altered or rescinded without previous publication if the Commissioner or the District Magistrate, as the case may be, is satisfied that circumstances exist which render it necessary that such orders or alterations therein or rescission thereof should be brought into force at once. (7) Notwithstanding anything hereinbefore contained in this section or which may be contained in any order made thereunder, it shall always be lawful for the competent authority to refuse a licence for, or to prohibit, the keeping of any place of public amusement or entertainment by a person of notoriously bad character.

32. Authorisation of erection of barriers on streets. The Commissioner and the Superintendent in areas under their respective charges may, wherever in his opinion such action is necessary, authorise such police officer as he thinks fit, to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver thereof, or the person in charge of, such vehicle. The said authority may also make such orders as it deems fit for regulating the use of such barriers.

(1) A competent authority may, from time to time make rules prohibiting the disposal of the dead whether by cremation, burial or otherwise at places other than those set apart for such purpose: Provided that no such rules shall be made in respect of any such town or place in which places have not been so set apart: Provided further that the competent authority or any officer authorised by it in this behalf may, on an application made to it or him by any person, and after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in its or his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reason. (2) Any rules made under sub-section (1) shall specify the places set apart for the disposal of the dead of different communities or sections of communities. (3) All such rules shall be subject to the condition of previous publication for a period of not less than two months and shall be made after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health. Explanation.—For the purpose of this section, a place set apart for the disposal of the dead means a place set apart for such purpose under any custom, usage or law for the time being in force.

34. Power of Commissioner or the Superintendent and of other officers to give direction to the public. In areas under their respective charges, the Commissioner and, subject to his orders, every Police Officer not inferior in rank to a Sub-Inspector, and the Superintendent and, subject to his orders, any Police Officer not lower than such rank as may be specified by the Government in that behalf, may, from time to time, as occasion may arise, but not so as to contravene any order made under section 31 give all such orders either orally or in writing as may be necessary to,—

35. Power to prohibit certain acts for prevention of disorder. (1) The Commissioner and the District Magistrate in areas under their respective charges may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety, by a notification publicly promulgated or addressed to individuals prohibit at any city, town, village or place or in the vicinity of any such city, town, village or place,— (a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks, or lathis, or any other article which is capable of being used for causing physical violence, (b) the carrying of any corrosive substance or of explosives, (c) the carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles, (d) the exhibition of persons or the corpses or figures or effigies thereof, (e) the public utterance of cries, singing of songs, playing of music, delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing, which may in the opinion of such authority offend against decency or morality or affect public order or undermine the security of, or tend to overthrow, the State or incite to the commission of an offence. (2) If any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he shall be liable to be disarmed or the corrosive substance or explosive or missile shall be liable to be seized from him by any Police Officer, and the article, corrosive substance, explosive or missile so seized shall be forfeited to Government. (3) The authority empowered under sub-section (1), may also by order in writing prohibit any assembly or procession whenever and, for so long as it considers such prohibition to be necessary, for the preservation of the public order: Provided that no such prohibition shall remain in force for more than fifteen days without the sanction of the Government. (4) The authority empowered under sub-section (1) may also by public notice temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved, except under such conditions as may be prescribed by such authority.

36. Power to prohibit, etc., continuance of music, sound or noise. (1) If the Commissioner, the Superintendent, Assistant Superintendent or Deputy Superintendent or any magistrate of the first class having jurisdiction in any area to which the Government has, by notification in the official Gazette extended the provisions of this section, is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk to the public or to any persons who dwell or occupy property in the vicinity, he may by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting controlling or regulating,— (a) the incidence or continuance in or upon any premises of,— (i) any vocal or instrumental music, (ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound, or (b) the carrying on, in or upon, any premises of any trade, avocation or operation resulting in or attended with noise. (2) The authority empowered under sub-section (1) may, either on its own motion or on the application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order: Provided that before any such application is disposed of, the said authority shall afford the applicant an opportunity of appearing before it either in person or by legal practitioner and showing cause against the order and shall, if it rejects any such application either wholly or in part record its reasons for such rejection.

36A. Power to regulate undesirable activities. The Commissioner, may, in order to prevent or suppress or control undesirable activities of eunuchs, in the area under his charge, by notification in the official Gazette, make orders for,- (a) preparation and maintenance of a register of the names and places of residence of all persons residing in the area under his charge and who are reasonably suspected of kidnapping or emasculating boys or of committing unnatural offences or any other offences or abetting the commission of such offences, (b) filing objections by aggrieved persons to the inclusion of his name in the register and for removal of his name from the register for reasons to be recorded in writing; (c) prohibiting a registered person from doing such activities as may be stated in the order. (d) any other matter he may consider necessary.

37. Licensing use of loudspeakers, etc. (1) Subject to the provisions of section 36 and of any orders made under section 31, no person shall use or operate,— (i) in or upon any premises any loudspeaker or other apparatus for amplifying any musical or other sound, at such pitch or volume as to be audible beyond fifty feet from such premises; (ii) in any open space any loudspeaker or other apparatus for amplifying any musical or other sound, at such pitch or volume as to be audible beyond two hundred feet from the place at which the musical or other sound is produced or reproduced, except under and in accordance with the conditions of a licence granted by the Superintendent or in such local area by such other officer as the State Government, may, by notification in the official Gazette specify in this behalf. (2) The provisions of sub-section (1) shall be applicable to such area from such date as the Government may by notification in the official Gazette specify. On the application of sub-section (1) to any area, no local authority shall, notwithstanding anything contained in any other law, be competent to grant a licence for the use of loudspeakers or other apparatus for amplifying any musical or other sound.

38. Issue of orders for prevention of riot, etc. (1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner or in his absence and subject to his control the Deputy Commissioner of Police and the Superintendent, within the areas under their respective charges, may temporarily close, or take possession of any building or place, and may exclude all or any persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem expedient. All persons concerned shall be bound to conduct themselves in accordance with such orders as the authority making orders may make and notify in exercise of the authority hereby vested in it. (2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on application made to the authority concerned within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in the opinion of such authority rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto. (3) In the event of any dispute in any case under sub-section (2), as to the amount (if any) to be paid, and as to the person to whom it is to be paid such dispute shall be decided by the judicial officer exercising powers and performing the functions of a Magistrate of the First Class.

39. Issue of orders for maintenance of order at ceremonials, etc. (1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherein it is to operate and all persons concerned shall be bound to conform to the same. (2) Any order under sub-section (1) shall be subject to a decree, injunction or order made by a court having jurisdiction, and shall be recalled or altered on its being made to appear to the authority making the order that such order is inconsistent with a judgment, decree, injunction or order of such Court, on the complaint, suit or an application of any person interested, as to the rights and duties of any person affected by the order aforesaid.

40. Police to provide against disorder, etc., at places of amusement and public meetings. (1) For the purpose of preventing serious disorder or breach of the law or (1) In the case of any manifest and imminent danger to the persons assembled at any public place of amusement or at an assembly or meeting to which the public are invited or which is open to the public, the senior Police Officer of highest rank superior to that of constable, present at such place of amusement or such assembly or meeting may, subject to such rules and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of the public safety at such place of amusement or such assembly or meeting, as he thinks necessary and all persons shall be bound to conform to every such reasonable direction. (2) The Police shall have free access to every such place of amusement, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction made thereunder.

41. Discontinuance of use of premises by disorderly persons. On complaint being made to the Commissioner, District Magistrate or Sub-Divisional Magistrate that any house in a city, town or village in his jurisdiction to which the Government has by notification in the official Gazette extended this section, is used as a common lodging house or place of resort for disorderly persons of any description, to the annoyance of the inhabitants of the vicinity, the said Commissioner or Magistrate may summon the owner or tenant of the house to answer the complaint and on being satisfied that the house is so used may order the owner or tenant of the house so used, within a reasonable period, which shall be set forth in the order, to discontinue such use of it.

(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under their respective charges, at which, on account of pilgrimage, fair, or other such occurrence, large bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an outbreak of any epidemic disease, he may take such special measures and may, by public notice, and after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health, prescribe such regulations to be observed by the residents of the said place and by persons present thereat or repairing thereto or returning therefrom, as he shall deem necessary to prevent the outbreak of such disease or the spread thereof. (2) It shall be lawful for the District Magistrate on the requisition of the Commissioner or Superintendent to assess and levy such reasonable fees on persons falling under the provisions of sub-section (1) as will provide for the expenses of the arrangements for sanitation and the preservation of order at and about the place of assemblage. (3) When the place of assemblage is within the limits of an area under the jurisdiction of a municipal body such sums as shall be necessary for the purpose aforesaid may be recovered from the municipal body.

(1) The Commissioner and the Superintendent in areas under their respective charges may, from time to time by public notice, and after consultation with the Health Officer of the area concerned or other prescribed officer of the Department of Public Health, proclaim that any stray dogs found during such period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly. (2) The authority empowered under sub-section (1) may, by public notice, require that every dog, while in any street or public place and not led by some person, shall be muzzled in such a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking and the Police may, so long as such notice remains in force, destroy, or take possession of and detain, any dog found loose without muzzle in any street or place beyond the premises of the owner thereof: Provided that any dog so found wearing a collar on which an apparently genuine name and address of an owner is inscribed, shall not, unless it is rabid, be forthwith destroyed, but information of the detention thereof shall forthwith be sent by post or otherwise to such owner. (3) Any dog which has been detained under sub-section (2) for a period of three clear days without the owner providing a muzzle and paying all expenses connected with such detention, may be destroyed or sold with the sanction and under the orders of the competent authority. (4) The proceeds of the sale of any dog under sub-section (3) shall be applied, as far as may be, in discharge of the expenses incurred in connection with its detention, and the balance, if any, shall form part of the Consolidated Fund of the State. (5) Any expenses incurred in connection with the destruction or detention of any dog under this section shall, subject to the provisions of sub-section (4), be recoverable from the owner thereof upon a warrant issued by the competent authority as if it were a warrant issued under section 386 of the Code of Criminal Procedure, 1898.

44. Destruction of suffering or unfit animals. (1) Any Police Officer, who, in any street or public place other than a place of worship, finds any animal other than a bull or cow so diseased, or so severely injured, and in such a physical condition that in his opinion it cannot without cruelty be removed, shall if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Officer in charge of the area in which the animal is found, and, if the Veterinary Officer certifies that the animal is mortally injured or so severely injured, or so diseased, or in such a physical condition that it is cruel to keep it alive, the Police Officer, may without the consent of the owner, destroy the animal or cause it to be destroyed: Provided that if in the opinion of the Veterinary Officer the animal can be removed from the place where it is found without causing it great suffering and if the owner or person in charge of the animal or in their absence any other person on the spot is willing and offers to remove the animal to a Veterinary Hospital or Pinjrapole within such time as the Veterinary Officer considers reasonable, the Veterinary Officer shall allow the animal to be removed by such owner, person in charge of the animal, or such other person; and if the owner or person in charge of the animal or such other person is unwilling or fails so to remove the animal, the Veterinary Officer may direct the Police Officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit: Provided further that when the animal is destroyed in any street or public place it shall, as far as possible, be screened from the public gaze while it is being destroyed: Provided also that before destroying or causing to be destroyed any diseased animal in any place, the Health Officer of the area concerned or other prescribed officer of the Department of Public Health shall be consulted. (2) The Government may appoint such persons as it thinks fit to be Veterinary Officers and may declare the areas of which they shall be in charge for the purposes of this Act.

Every power conferred by this Chapter on a Superintendent not specially empowered by the Government to exercise that power or any officer subordinate to him shall be exercised by him subject to the orders of the District Magistrate and all rules, regulations and orders made under this Chapter shall if made by the Commissioner or the District Magistrate be governed by such rules and orders as the Government may from time to time make in this behalf and if made by the Superintendent specially empowered in that behalf, shall be subject to the provisions of section 16.