The Manipur Control of the use and play of Loud-Speakers Act, 1976

(1) This Act may be called the Manipur Control of the Use and Play of Loud-Speakers Act, 1976. (2) It extends to the whole of the State of Manipur.

In this Act, unless there is anything repugnant in the subject or context,— (i) "Loud-Speakers" means an instrument to augment small sounds, vocal, instrument or recorded; and (ii) "Prescribed" means prescribed by rules made under this Act. Explanation :- "A Municipal Area" means an area constituted for the time being, a municipality or a notified area under the Municipal Act.

No person shall use and play a Loud-Speaker:— (a) Within such distance as may be prescribed from a hospital or from a building in which there is a telephone exchange; or (b) Within such distance as may be prescribed from any educational institution maintained, managed, recognised or controlled by the State Government, a University established under any law for the time being in force or a local authority or admitted to such University, or any hostel maintained, managed or recognised by such institution when such institution or hostel is in the use of students; (c) Within such distance as may be prescribed from a building in which a Court is held during the hours of working of such Court; or (d) between the hours of 10 P.M. and 5 A.M. without the permission in writing of the prescribed authority.

Notwithstanding anything contained in clause (a), (b) and (c) of section 3 a Loudspeaker may be used and played if with the permission in writing of the prescribed authority for any cultural, educational or humanitarian purposes or for purposes connected with the maintenance of law and order.

(i) Every application for permission under section 3 or 4 shall be made to the prescribed authority in the prescribed form and shall for humanitarian purposes for purposes connected with the maintenance of law and order. (ii) The prescribed authority may grant or reject the application, and in granting such application, may impose any restriction or condition.

No Court shall take cognizance of any offence under this Act except one complaint made by or at the instance of the person aggrieved by such offence or upon a report in writing made by any Police officer: Provided that nothing contained in this section shall effect the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), in regard to the powers of certain Magistrates to the cognizance of offences upon information received or upon their own knowledge.

(i) Any Police Officer, not below the rank of Assistant Sub-Inspector of Police, who finds a person using and playing a loud-speaker in contravention of the provisions of this Act may seize the loud-speaker. (ii) The loud-speaker so seized may be released to the owner thereof on his executing a bond in the prescribed form with or without sureties, to the satisfaction of the police officer or the Court, engaging to produce the loud-speaker whenever called upon to do so.

An offence under this Act, shall be bailable.

Any person who contravenes any of the provision of this Act shall be punishable with imprisonment which may extend to one month or with fine which may extend to Rs. 100 or with both, and the court trying such contravention may, on conviction of such person direct that the loud-speaker seized under section 7 be forfeited to Government. Provided that when the owner of the loud-speaker is a person other than the person convicted, the Court shall, before passing the order of forfeiture, give such owner a reasonable opportunity of showing cause, if any, against such order.

The State Government may after previous publication in the official Gazette, make rules for carrying out the purposes of this Act.

(1) The Bihar Control of the use of Loud-Speaker’s Act, 1955 (Bihar Act XII of 1955) in its application to the State of Manipur is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action was taken.