Power to make rules or regulation of traffic and for presentation of order in public place, etc.

The Commissioner with respect to any of the matters specified in this sub-section, the District Magistrate with respect to any of the said matters (except those falling under Cls. (a), (b), (d). (db), (e), (g), (r), (t) and (u)) thereof and the Superintendent of Police with respect to the matters falling under the clauses aforementioned read with CI. (y) to this sub-section, in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this Act for- (a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside Railway stations for the carriage of passenger's baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, Cycling, walking or leading or accompanying cattle, so as to prevent (1) The Commissioner and the District Magistrate may, in areas under their respective charges, make, alter or rescind rules or orders for— (v) regulating the conduct of and behaviour or action of persons constituting assemblages and processions on or along the streets and prescribing, in the case of processions authorised by the licences, the routes by which, the order in which and the times at which, such processions may pass; (w) licensing or controlling persons offering themselves for employment at quays, wharves and landing places for carrying baggage or for supplying carriages or vehicles, and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed and for the hire of such carriages or vehicles; (wa) licensing, or controlling persons working as cleaners or cleaners-cum-drivers of public service vehicles; (x) licensing and controlling the use of music and of any instrument of music in the streets or in public places; (y) regulating the use of, and the playing of music, in, or in the vicinity of, a street or any public place or upon a vessel, or in any place of public amusement or entertainment; (z) regulating the conduct of and action of persons constituting assemblages and processions; (aa) regulating the disposal of the dead; (ab) licensing the keeping of animals; (ac) prohibiting the carrying of arms; (ad) regulating the use of places of public entertainment and amusement: Provided that nothing in this section and no licence or certificate of registration granted under any rule made thereunder shall authorize any person to import, export, transport, manufacture, sell or possess any liquor, or intoxicating drug, in respect of which a licence, permit, pass or authorization is required under the Bombay Prohibition Act, 1949, or under any other law for the time being in force relating to the Abkari revenue or to the prohibition of the manufacture, sale and consumption of liquor or shall affect the liability of any person under any such law or shall in any way affect the provisions of the Arms Act, 1878 (XI of 1878), or of the Explosives Act, 1884 (IV of 1884), or of any rules made under either of those enactments, or the liability of any person thereunder: Provided further that any action taken under the rules or orders made under this sub-section or the grant of a licence or certificate of registration made under such rules or orders shall be subject to the control and supervision of the State Government: Provided also that, against any order granting or refusing to grant or renew or revoking or refusing to grant or renew or revoking any certificate of registration for any eating-house an appeal shall lie to the State Government itself or to such officer as the State Government may by general or special order specify, within thirty days from the date of receipt of such order by the aggrieved person. (1A) The power to make rules or order under Cls. (w), (wa) and (x) of sub-section (1) shall in the first instance have effect only in relation to the Bombay area of the state of Maharashtra, but the State Government may by notification in the Official Gazette provide that such power under any or all of those clauses, shall also have effect, from such date as may be specified in the notification, in any other area of the State. (1B) The power to make rules, orders or appointment under Cls. (w), (wa), (x) and (xa) in so far as it relates to a licence or permission under any of these clauses, under Cl. (y) of sub-section (1), may subject to the provisions of sub-section (1A) also be exercised by Revenue Commissioner in the revenue division under his charge. (2) (i) The power of making, altering or rescinding rules under Cls. (a), (b) and (c) of sub-section (1) shall be subject to the control of the State Government. (ii) The power of making, altering, or rescinding rules under the remaining clauses of sub-section (1) shall be subject to the previous sanction of that Government. (3) Every rule made under Cl. (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 rule promulgated under the authority of Cl. (l) of sub-section (1) shall, if made in relation to any area which is not under the charge of a Commissioner be forthwith reported to the Revenue Commissioner and the State Government. (5) If any rule or order made or promulgated under this section relates to any matter with respect to which there is a provision in any law, rule or bye-law of any municipal or local authority in relation to the public health, convenience or safety of the locality, such rule or order shall be subject to such law, rule or bye-law of the municipal or local authority, as the case may be. (6) The power of making, altering or rescinding rules under this section shall be subject to the condition of the rules being made, altered or rescinded after previous publication, and every rule made or alteration or rescission of a rule 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 specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers in English or in the local language, as the authority making, altering or rescinding the 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 rules may be made, altered or rescinded without previous publication if the Revenue Commissioner, or the District Magistrate, as the case may be, is satisfied that circumstances exist which renders it necessary that such rules 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 rule 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 or to refuse a certificate of registration for or to prohibit the keeping of any eating-house, as the case may be by a person of notoriously bad character. (8) It shall be the duty of all persons concerned to conform to any order duly made as aforesaid so long as the same shall be in operation.