Chapter IV POLICE REGULATIONS

Powers to make rules for regulation of traffic and for preservation of orders in public places etc .-(1) In any local area in which he thinks fit, the District Magistrate, with the previous sanction of the Government and in consultation with the municipal or other local authority may, from time to time, make rules not inconsistent with this Act, for-

1. (a) licensing and controlling persons offering themselves for employment at quays, wharves, landing places, bus stands and railway stations, for the carriage of passengers' baggage, and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed;
2. (b) regulating traffic of all kinds in streets and public places and the use of streets and public place, by persons riding, driving, cycling, walking or leading or accompanying cattle so as to prevent danger, obstruction or inconvenience to the public;
3. (c) regulating the conditions under which vehicles may be parked in streets and public places and the use of streets as halting places for cattle;
4. (d) prescribing the number and position of lights to be used on vehicles in streets and public places and regulating and controlling the conveying of timber, poles, ladders, girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance;
5. (e) prescribing the road along which, the hours during which and in times of epidemic, the manner in which, corpses may, or may not be carried;
6. (f) regulating the hours during which and the manner in which any place for the disposal of the dead, or any chathram 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, among those who resort thereto;
7. (g) in case of existing or apprehended epidemic or infectious disease of men or animals, maintaining cleanliness and disinfection of premises by the occupier thereof and residents therein, and the segregation and management of the persons of animal diseased or supposed to be diseased, with a view to prevent the disease or to check the spreading thereof;
8. (h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or injury to passers by or the resident in the vicimty, prohibiting-
   • (i) the keeping of places of public resort;
   • (ii) the playing of music in streets and public places;
   • (iii) the operation of loud speakers in or within hearing of a street or public place;
   • (iv) the illumination of streets and public places and the texteriors of buildings abutting thereon by persons other than the officers of the Government or loacal authorities;
   • (v) the carrying in the streets and public places of gunpowder or any other explosive substances; and
   • (vi) the blasting of rocks;
   • (i) regulating the means of entrance and exit at places of public resort or public assembly, and providing for the maintenance of public safety and the prevention of disturbance therein;
9. (j) regulating or prohibiting smoking at places of public resort or public assembly, or in public conveyances.

1. (2) Every rule made under this section shall be published in the Gazette and in the manner prescribed by this Act for the publication of public notices.

Regulation of certain physical training .-(1) Notwithstanding anything contained in any other law for the time being in force, no person shall,

1. (a) by himself or by any person on his behalf, impart training to any member or members of public in any physical activity involving methods of attack or self-defence unless he holds a permit in this behalf issued by an authority as may be prescribed; or
2. (b) permit the use of any premises, owned or possessed by him, for such training or organise abet or participate in such training, as may be imparted by any person who does not hold a permit in that behalf: Provided that a person imparting such training on 18th January, 2000 shall apply for and obtain a permit therefor, within three months from the said date or within such period, as may be extended by the government; which shall not exceed six months: Provided further that the provisions of this sub-section shall not apply to any training imparted by,-
   • (i) an educational institution, owned or co trolled by the Government or affiliated to any University in the State, as part of the curriculum or course of study; or
   • (ii) a club or gymnasium recognised by the Kerala Sports Council.

1. (2) The permit under sub-section
2. (1) shall be issued subject to such conditions and restrictions and on payment of such fees as may be prescribed by rules.
3. (3) Any Police Officer, not below the rank of a Sub-Inspector, shall have free access to any place of training to ensure that such training is conducted in accordance with this Act and the rules made thereunder.
4. (4) Any contravention of the provisions of sub-section
5. (1) or of the terms and conditions of a permit issued thereunder shall be cognizable and non-bailable offence within the meaning of the Code of Criminal procedure, 1973 (Central Act 2 of 1974):

Power to cancel permit etc Power to cancel permit etc .-

1. (1) The authority notified under sub-section
2. (1) of section 18A may, by order cancel or suspend a permit granted under the said sub-section.-
   • (a) if any fee payable by the holder of such permit is not duly paid; or
   • (b) in the event of any breach by the holder of such permit or by his servant or by any anyone acting with his express or implied permission on his behalf, of any of the terms and conditions of such permit; or
   • (c) if the holder thereof is convicted by a court of law for any offence involving moral turpitude.
3. (2) An appeal against an order under sub-section
4. (1) shall lie to Deputy Inspector General of Police having jurisdiction over the area where the place of training is situated.

Regulations of public assemblies and processions and music in streets .-The Superintendent of Police may, as occasion requires, subject to any order or direction if any, issued by the District Magistrate-

1. (i) direct the conduct of assemblies and processions in any street and specify, by general or special notice, the routes by which and the times at which, such procession may pass;
2. (ii) require by general or special notice on being satisfied that any person or class of persons intend to convene or collect an assembly in any street or to form a procession which would in this judgment, if uncontrolled, be likely to cause a breach of the peace, that the persons convening or collecting such assembly or directing or promoting such procession shall not do so without applying for and obtaining a licence; And on such application being made, the Superintendent may issue a licence specifying the name of the licensees and defining the conditions on which alone such assembly or procession is to be permitted to take place;
3. (iii) prevent obstructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of public worship, and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed; or
4. (iv) prohibit or regulate the use of music or sound amplifiers or drums, tomtoms or other noisy instruments in any street or public place and in any private place if their use may cause annoyance to neighbours.

Powers to deal with assemblies and processions violating conditions of licence .-

1. (1) Any Magistrate or any police officer not below the rank of an Inspector or any police officer in charge of a police station may stop any procession which violates the conditions of licence granted under section 19 and may order it or any assembly which violates any such conditions as aforesaid to disperse.
2. (2) Any procession or assembly which neglects or refuses to obey any order given under subsection
3. (1) shall be deemed to be an unlawful assembly.

Power to prohibit the carrying swords, spears, etc- The District Magistrate may, whenever and for such time as he may consider it necessary to do so for the preservation of the public peace or public safety by public notice or by order directed to individuals, prohibit-

1. (i) the carrying of swords, spears, bludgeons, guns or other offensive weapons in any public place;
2. (ii) the carrying, collection and preparation of stones or other articles intended to be used as missiles, or instruments of casting or meals or of impelling missiles;
3. (iii) the exhibition of persons, corpses figures or effigies in any public place; and
4. (iv) the public utterance of cries of slogans, singing of songs or plying of music.

Power to prohibit mass drill,mass training, etc .-(1) The District Magistrate may whenever he considers it necessary so to do for the preservation of the public peace or public safety or for the maintenance of public order, by public notice or by order directed to individuals, prohibit, in any area within his jurisdiction, the holding of, or taking part in, any mass drill or mass training with arms or the carrying of arms in any procession. Explanation .-(1) For the purposes of this section, "arms" means any type of offensive weapon and includes lathi, dand and stick.

1. (2) No prohibition under this section shall remain in force for more than three months: Provided that if the Government consider it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, they may, by notification in the Gazette, direct that a public notice or order issued by a District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such notice or order would have, but for such order, expired as they may specify in the said notification.

Power to prohibit delivery of public harangues, etc.-( 1) The District Magistrate may, whenever and for such time as he may consider necessary, by public notice or by order direct to individuals, prohibit the delivery of public harangues, the use of gesture or mimetic representations and the preparation, exhibition or dissemination of pictures, symbols placards or any other object or thing, which-

1. (i) may be of a nature to outrage morality or decency; or
2. (ii) are likely, in the opinion of the Magistrate, to inflame religious animosity or hostility between different classes, or to incite to the commission of an offence, to a disturbance of the public peace, or to resistance to law or lawful authority.

1. (2) No prohibition under this section shall remain in force for more than fifteen days unless the Government, by notification in the Gazette, otherwise direct.

Power to prohibit any prohibit any procession or public assembly-( 1) District Magistrate may, by order in writing prohibit any procession or public assembly, whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or public safety.

1. (2) No prohibition under this section shall remain in force for more than fifteen days unless the Government, by notification in the Gazette, otherwise direct,

Power to reserve any street or public place .-The Inspector-General may, subject to the orders of the Government, by public notice, temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved save under such conditions as may be prescribed by him.

Enforcement of orders issued under sections 21 to 24 .-(1) Whenever a notification, (order) or public notice has been duly issued under section 21, (section 21A) section 22, section 23 or section 24, then-

1. (a) in the case of a public notice or order issued under clause
   • (i) clause
   • (ii) or clause
   • (iii) of section 21 or (under section 21A) in the case of a public notice issued under section 24, any Magistrate or any police officer, or
2. (b) in the case of a public notice or order issued under clause
   • (iv) of section 21, or under section 22, or in the case of an order issued under section 23, any Magistrate or any police officer not below the rank of a Sub Inspector may require any person acting or about to act contrary thereto desist or abstain from such action and, in case of refusal or disobedience, may arrest such person.

1. (2) Any Magistrate or Police Officer acting under subsection
2. (1) may also seize anything used or about to be used in contravention of such notification, order or notice as aforesaid and anything so seized shall be disposed of, as any Magistrate having jurisdiction may order.

Power to give directions to prevent disorder at places of public resort or public assembly .-(1) For the purpose of preventing disorder or danger to the person assembled at any place of public resort or public assembly, the police officer of highest rank not below the rank of a Sub Inspector who is present may, subject to such rules, directions and orders as may have been lawfully made, give such reasonable directions as he may think necessary as to the mode of admission of the public to, and for securing the peaceful and orderly conduct of persons attending at such place; and all persons shall be bound to conform to such directions.

1. (2) The police shall have free access to every such place of public resort or public assembly for the purpose of giving effect to the provisions of sub-section
2. (1) and to any direction given thereunder.

Issue of orders by District Magistrate for prevention of riot, etc .-In order to prevent or suppress any riot or grave disturbance of the peace the District Magistrate 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 may deem expedient. all persons concerned shall be bound to conduct themselves in accordance with such orders as the District Magistrate may make and notify in the exercise of the authority hereby vested in him.

Issue of orders for maintenance of order at religious, ceremonials etc .-(1) In any case of an actual or intended religious or ceremonial or corporated display or exhibition or organised assemblage in any street or public place as to which or the conduct of or participation in which it appears to the District Magistrate that a dispute or contention exists which is likely to lead to disturbance of the peace, the District Magistrate may give such orders as the conduct of the persons concerned towards each other and towards the public as he deems necessary and reasonable under the circumstances, regard being had to the apparent legal right and to any established practice of the parties and of the persons interested. Every such order shall be published in the place wherein it is to operate, and all persons concerned shall be bound to conform to the same.

1. (2) Any order under subsection
2. (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 District Magistrate that it is inconsistent with a judgment, decree, injunction or order of such court.