BHUBANESWAR-CUTTACK POLICE COMMISSIONERATE (TRAFFIC AND PUBLIC ORDER) REGULATIONS, 2008

PREAMBLE

In exercise of the powers conferred by Section 28 of the Orissa Urban Police Act, 2003 (Orissa Act 8 of 2007) and with the previous sanction of the Government, the Commissioner of Police Bhubaneswar and Cuttack, Bhubaneswar do hereby make the following regulations to regulate the traffic and matters incidental thereto, namely:-

CHAPTER I TRAFFIC CONTROL

Regulation 1. Short title and commencement.--

(1)     These regulations may be called the Bhubaneswar-Cuttack Police Commissionerate (Traffic and Public Order) Regulations, 2008.

(2)     They shall come into force on the date of their publication in the Orissa Gazette.

Regulation 2. Definitions.--

(1)     In these regulations, unless the context otherwise requires, -

(a)      'Act' means the Orissa-Urban Police Act, 2003.

(b)      Commissioner means the Commissioner of Police of the twin cities of Bhubaneswar and Cuttack.

(c)      'Form' means the Form appended to these regulations;

(d)      "Notice Board" means the notice board affixed in the office of Commissioner;

(e)      'Person' includes an organization or society registered or unregistered or a company,

(2)     All other words and expressions used but not defined in these regulations shall have the same meaning as respectively assigned to them in the Act.

Regulation 3. Traffic signs and traffic police.--

The driver of a motor vehicle and every other person using the public road shall obey every direction given by a police officer, whether by signal or word or notice or otherwise or, given through the traffic sign or signal, fixed or operated on the public road.

Regulation 4. Driving license.--

No person shall drive a motor vehicle of any description in any public place under the jurisdiction of the Commissioner unless he/she holds a valid driving license issued by the competent authority authorizing him/her to drive such vehicle.

Regulation 5. Keeping to the left.--

The driver of a motor vehicle shall drive as close to the left hand side of the road as may be expedient and shall allow all traffic which is proceeding in the same direction to pass on his right hand side.

Regulation 6. Turning to the left and right.--

The driver of a motor vehicle shall,

(a)      when turning to left, drive as close as possible to the left hand side of the road from which he/she is making a turn and first indicate the same, either manually or by an indicator light to the traffic behind him/her, then arrive as near as may be at the left hand side of the road which he/she is entering; and

(b)      when turning to the right, first indicate the same either manually or by an indicator light to the traffic behind him/her, then draw as near as may be to the centre of the road along which he/she is travelling, and then arrive as near as may be at the right hand side of the road which he/she is entering

Regulation 7. Passing to the right.--

Except as provided in regulation-6, the driver of a motor vehicle shall pass to the right of all traffic proceeding in the same direction as himself/herself.

Regulation 8. Passing to the left.--

The driver of a motor vehicle may pass to the left of a vehicle, the driver of which has indicated an intention to turn to the right and drawn to the centre of the road, or moved further right.

Regulation 9. Overtaking prohibited in certain cases.--

(1)     Where the road is divided into lanes,-

(a)      no driver of a motor vehicle shall drive in a lane unless he/she conforms to the speed limit marked for the specific lane;

(b)      the driver of a motor vehicle shall not pass a vehicle driving in the same lane as himself/herself;

(c)      the driver of a motor vehicle shall only pass the driver in front of him/her when the intention is to change over to the right side lane,

(2)     where the road, whether divided into lanes or not, is not wide enough to allow more than one vehicle to pass at a time, the driver of a motor vehicle shall not pass a vehicle, driving in the same direction as himself/herself.

Regulation 10. Overtaking not to be obstructed.--

The driver of a motor vehicle shall not, when being overtaken or being passed by another vehicle, increase speed or do anything in anyway to prevent the other vehicle from passing him/her.

Regulation 11. Caution at road junction.--

(1)     The driver of a motor vehicle shall slow down when approaching such intersection, junction with or without Zebra Crossing mark at which traffic is not being regulated, if the road entered is a main road designated as such, and give way to all traffic approaching the intersection on his right hand side.

(2)     No vehicle shall cross any stop line or Zebra Crossing at road intersections.

Regulation 12. Giving way to traffic at road junction.--

The driver of a motor vehicle shall, on entering a road intersection at which traffic is not being regulated and if the road entered is a main road designated as such, give way to the vehicles proceeding along that road, and in any other case give way to all traffic approaching the intersection on his right hand.

Regulation 13. Stop sign on road surface.--

(1)     When instruction to stop is given by any Police personnel by signal or by means of a traffic control light or by the display of any traffic sign at a road junction or pedestrian crossing (Zebra Crossing), the driver of a vehicle shall remain behind the STOP-line painted, indicated or inlaid into the surface of any road at the place.

(2)     When there is no traffic personnel or a traffic signal at any road intersection, the driver of a motor vehicle shall similarly stop before the STOP-line and give way to the pedestrians, cyclists or vehicles crossing over to the other side on the Zebra Crossing.

Regulation 14. Right to way.--

The pedestrians have the right to way at uncontrolled pedestrian crossings

Regulation 15. Cyclists and pedestrians.--

(1)     Cyclists shall stick to the cycle tracks where these have been laid, and where there is no such track, they shall keep to the extreme left.

(2)     Pedestrians shall stick to pedestrian tracks and pavements.

(3)     Cyclists and pedestrians shall stick to Zebra Crossing while crossing over to the other side of the road.

(4)     No cyclist or pedestrian shall cross any road vertically, except at Zebra Crossings, subway and such other crossings meant for the purpose.

Regulation 16. Cycle tracks, pedestrian tracks, pavements.--

(1)     There shall not be any encroachment by anybody on any cycle/ pedestrian track payment, and other similar tracks for the purpose of parking of any type of vehicle, or for exhibition, display or sale of any goods, food and drinks by stationary or moving shops and carts.

(2)     The cycle/pedestrian tracks shall not be used for the purpose of any meeting, public performance, religious/social function, or charity work.

(3)     A driver of a motor vehicle, except under the orders of a Police officer in uniform, shall not drive on such footpath or cycle track or pavement.

Regulation 17. Taking 'U' turn.--

No driver of a motor vehicle shall take a 'U' turn in one-way traffic roads, roads having busy traffic, roads having median divider. When a 'U' turn is allowed at cuts/ crossings, the driver shall show signal by hand for a right turn, watch the rear view mirror and turn when it is safe to do so.

Regulation 18. Signal to be given by drivers.--

The following signals shall be used by the drivers of all motor vehicles either by electronic or mechanical devices or by waving of hand.

(a)      indicating his/her intention to move left or to stop; or

(b)      indicating his/her intention to stop or slow down where the traffic in front of him/her is not moving; or

(c)      indicating his/her intention to move or turn to right; or

(d)      indicating his/her intention to slow down before any traffic intersection or Zebra Crossing or STOP-line.

Regulation 19. Encroachment on public roads.--

(1)     There shall not be any encroachment on any public road for the purpose of staging any performance, or erecting any structure for undertaking any kind of commercial enterprise/activity.

(2)     There shall not be erection of any arch, gate, pandal, tent, shamiana, hanging or placing of any cord or pole across any road or part thereof, or the making of a projection or structure for the purpose of celebration of functions, festivals or otherwise, which may obstruct traffic or free access of light and air, or cause annoyance, inconvenience, risk, danger or damage to the passengers or public in the vicinity.

(3)     There shall not be any encroachment by anybody on any public road or street for the purpose of parking of any type of vehicle, or for exhibition, display or sale of any goods, food and drinks by stationary or moving shops and carts.

(4)     There shall not be any dumping of any building material, debris, rubble, rubbish, refuge, waste, garbage, usable/unusable articles or other articles or fastening or detention of any horse or other animal on any public road or public place.

(5)     There shall not be any display of fire works, blasting of rocks, crushing of rocks and stones or making excavations in or near any street, public place or road.

(6)     Nobody shall leave any box, bale, package or other things whatsoever, in or upon a public road, cycle track or pavement for an unreasonable length of time.

Regulation 20. Fire service vehicles and ambulance to be given free passage.--

Every driver shall on the approach of a Fire Service vehicle or an Ambulance allow free passage by moving to the left side of the road.

Regulation 21. Parking of vehicles.--

(1)     No vehicle shall be parked anywhere on any road unless the space has been notified by the Commissioner as a 'Parking Zone' and indicated as such by a sign board or mark on the road.

(2)     Where parking is allowed, the driver of a vehicle shall park it in such a way that it does not cause or likely to cause danger, obstruction or undue inconvenience to other road users.

(3)     Rules regarding parking of vehicles in Parking Zones and other places shall be notified by the Commissioner and published from time to time in the notice board and in local newspapers.

Regulation 22. Registration marks, lights and colours on vehicles.--

(1)     Head lights of all types of vehicles shall beam on the surface of the road only, and not in horizontal or upward direction so as to blur the vision of the other road users coming from the front.

(2)     All motorists shall use dipper in their headlights during night hours.

(3)     indicator lights on all sides of the vehicles shall he properly functional.

(4)     Registration and other marks that are required to be exhibited on any motor vehicle under the Motor Vehicles Act, 1988 shall conform to the specifications contained in that Act.

(5)     Commercial and private vehicles shall conform to the colour schemes as prescribed under the Motor Vehicle Act, 1988.

(6)     Use of fancy lights and fancy registration marks are strictly prohibited.

(7)     No load or goods shall be placed on any motor vehicle so as to mask or obscure vision of any light, registration mark or other marks that are required to be carried or exhibited on any motor vehicle by or under the Motor Vehicle Act, 1988.

Regulation 23. One-way traffic.--

A driver of a vehicle shall not, -

(a)      drive his/her motor vehicle on roads notified as "ONE WAY" by the Commissioner and marked as such by a sign board or marking on the road, except in the direction specified in the said sign-board or road marking, or

(b)      drive his/her vehicle in a reverse direction in a road notified as "ONE WAY".

Regulation 24. Driving on channelised roads.--

(1)     Where any road is marked by lanes for movement of traffic, the driver of a motor vehicle shall drive within the lane, and can change the lane only after giving proper signal to the vehicle behind him.

(2)     While changing the lane, the driver of a motor vehicle shall not overtake the vehicle moving ahead of him/her.

Regulation 25. Towing.--

No vehicle other than a mechanically disabled motor vehicle or incompletely assembled motor vehicle or a registered trailer or a side car or a vehicle being removed by traffic/ police personnel shall be drawn or towed by any other motor vehicle, except for the purpose of delivery and to the nearest filling station or garage or traffic or police post.

Regulation 26. Use of horns and silence zones.--

(1)     [1](a) Every motor vehicle shall be fitted with an electric horn or other devices confirming to the requirements of IS :1884-1992 specified by the Bureau of Indian Standards for us by the Driver of the vehicle and capable of giving audible and sufficient warning of the approach or position of the vehicle

(b) No Motor vehicle shall be fitted with any pressure horn, multi-toned horn giving a succession of different noted or with any other sound producing device giving an unduly harsh, shrill, loud or alarming noise or any other horn not in conformity with (a) above.

(c) Nothing contained in (b) above shall prevent the use on vehicles used as ambulance or for firefighting or salvages purposes or on vehicles used by the police officers or officers of the Motor equipment vehicles of such sound signals as may be approved by the registering authority in whose jurisdiction such vehicles are kept.

(2)     A driver of a motor vehicle shall not,-

(a)      sound the horn needlessly or continuously or more than necessary to ensure safety;

(b)      drive a vehicle creating undue noise when in motion;

(c)      drive a vehicle with a muffler causing alarming sound;

(d)      sound the horn in "Silence Zones", defined as an area comprising of not less than one hundred metres around hospitals including clinics, Nursing Homes, Dispensaries, all educational institutions including Schools, Colleges and Universities and all courts, as notify vide Forest & Environment Department Notification No. 2856-F & E., dated the 12th February 2002 and No. 14360-F & E., dated the 19th August 2002".

Regulation 27. Helmets and safety belts.--

(1)     A driver of a two-wheeler and his/her pillion rider shall use ISI marked safety helmets.

(2)     A driver of a four-wheeler and its passengers in the front seat shall use seat belts. If a vehicle does not have provisions for seat belts in the front seat, then the owner of the vehicle shall get Safety Belts installed in the vehicle within a period three months from the date of commencement of these regulations.

Regulation 28. Mobile phones and musical instruments.--

A driver of a motor vehicle or a cyclist shall not use cell phones or any musical device while driving on the road.

Regulation 29. Distance from vehicles in front.--

The driver of a motor vehicle moving behind shall keep at a sufficient distance from other vehicles to avoid collision with the vehicle moving in front of his/her if the other vehicles suddenly slow down or stop.

Regulation 30. Speed limit.--

(1)     No driver of a four wheeler or other heavy vehicle shall cross the speed limit of 50 KMPH in the Commissionerate area, except on the National Highway from Palasuni bridge to Balikuda crossing where the speed limit shall not cross 70 KMPH limit.

(2)     No driver of a two wheeler/three wheeler shall cross the speed limit of 50 KMPH in the Commissionerate area.

Regulation 31. Restriction on driving backwards.--

(1)     No driver of a motor vehicle shall drive or cause the vehicle to be driven backward without being satisfied that it will not cause danger or undue inconvenience to any other road user in any manner.

(2)     Such backward driving shall be limited to only a distance and time that is reasonably necessary in order to turn.

(3)     While such reversing, no driver shall use any device to cause sound, horn or music.

Regulation 32. Regulation of passenger vehicles.--

(1)     No passenger vehicle (four-wheeler or three-wheeler) shall carry any additional passenger beyond its registration capacity.

(2)     No Taxi (four-wheeler or three-wheeler) shall operate without using an 1st marked taxi meter. They are allowed six months time from the date of commencement of these regulations to get appropriate taxi meters, as specified by the Transport Department or any other authorized agency of the Government.

(3)     No three-wheeler shall allow any passenger to sit in the front seat which is to be used exclusively by the driver only.

(4)     Drivers of three-wheeler shall always wear a photo identity card, issued by the Traffic Police Station/Outpost, displaying therein his photo, name, phone number, if any, and the registration number of the three-wheeler that he/she is driving.

(5)     No person shall drive any passenger vehicle other than the one for which he is authorized. as displayed in his Photo Identity Card.

(6)     No owner/driver/conductor shall allow the space of any passenger vehicle (four-wheeler/ three-wheeler) to be used for smoking of cigarette etc. or consumption of alcoholic drink.

(7)     No School Bus shall be used for transporting children and students to and from school or other institutions without obtaining specific permission of the Commissioner.

Regulation 33. Dropping and lifting passengers by passenger vehicles.--

(1)     No passenger vehicle (four-wheeler or three-wheeler) shall stop in the middle of a road or at a traffic intersection or immediately before such intersection, to drop or lift passengers.

(2)     At traffic intersections, they shall first reach the nearby bus bay and drop or lift any passenger or goods, and where there is no bus bay, they have to first cross the intersection, then draw to the left after a minimum distance of 100 metres after proper signalling to the rear traffic and then drop or lift passengers.

(3)     All passenger vehicles (four wheeler and three wheeler) shall lift and drop passengers from places notified by the Commissioner except on telephone call from residence, emergency etc.

Regulation 34. Driving goods vehicles and tractors.--

(1)     A driver shall not ply a tractor or goods carrier from 8 am to 10 pm on public roads or portion of public roads that have been specifically notified by the Commissioner in this behalf

(2)     A driver when driving a tractor shall not carry or allow any passenger to be carried on the tractor except the helper and coolies.

(3)     A driver of a goods carriage shell not carry in the driver's cabin any additional person beyond the registration capacity, and shall not carry any passenger for hire or reward.

(4)     No goods vehicle or hand-driven trolley, cycle rickshaw, etc. shall carry any timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles larger than the length of its trolley through roads and streets, other than the routes and driving timings as may be published from time to time by the Commissioner in the notice board and local news paper.

(5)     No person shall drive in any public place any loaded motor vehicle without hoisting the precautionary signs, like visible light or red cloth even if the load is within the permissible limit and the route is a specified one for the purpose.

Regulation 35. Construction/repair work in the vicinity of public road.--

No person shall indulge in any construction, repair, or demolition of buildings, platforms and other structures near any public road without obtaining permission from the Commissioner and taking necessary precautionary measures to prevent danger to passengers, neighbours or members of public.

Regulation 36. Closure of streets temporarily.--

The Commissioner may close any specific street or place temporarily in public interest for the purpose of traffic regulation, in case there is apprehension of danger from ruinous buildings or structures, or other causes posing threat to public safety, or for any other administrative exigency of similar nature.

Regulation 37. Restriction on movement, etc.--

The Commissioner may impose restrictions on movement of cycles, rickshaws, trolleys, torn toms, other slow moving vehicles on busy streets with fast moving traffic during days and hours and for periods, as notified by him from time to time in Notice Board and newspapers.

Regulation 38. Production of documents.--

(1)     A person driving a vehicle shall, on demand by a Police officer in uniform, an officer of Transport Department or any other officer authorized by the Commissioner, produce the following documents for inspection :

(a)      Driving License

(b)      Registration Certificate

(c)      Update tax receipt

(d)      Certificate of Insurance

(e)      Pollution Test Report

(f)       Permit and fitness certificate (for Transport vehicles).

(2)     The officer inspecting the documents shall return the documents to the driver immediately after the inspection of the documents.

Regulation 39. Registration of Motor Vehicle Training Institutions.--

(1)     All Driving Training Institutions operating within the Commissionerate area shall be registered with the Commissioner or any officer authorized by him.

(2)     No such driving training shall be imparted on such main roads as determined by the Commissioner from time to time and publicized in local newspapers etc. and during 8.00 am to 12.00 noon and 4.00 pm to 8.00 pm.

Regulation 40. Vehicles on National Highway.--

(1)     Heavy vehicles including goods vehicle and transport vehicle plying on the NH within the Commissionerate area shall drive as close to the left side of the road as may be expedient and shall allow all traffic which is proceeding in the same direction to pass on his right hand side.

(2)     They shall not drive on the right side of the road to prevent speedier light vehicle traffic.

CHAPTER II MOVEMENT OF ANIMALS

Regulation 41. Horse, cattle and stray animals.--

(1)     No person shall lead or accompany any cattle or a herd of cattle in a public road at any time, other than the route and timing as may be specified by the Commissioner and published in the notice board, local news paper and sign board placed on the public road for the purpose.

(2)     No person shall allow his/her cattle, livestock or pet animals to stray into or squat or loiter on public places or roads so as to pose danger, obstruction or inconvenience to the public or cause accidents on the roads.

(3)     No person shall ply any cattle pulled vehicle in any public road at any time, other than the route and timing as may be published by the Commissioner in the notice board, local news paper and sign board placed on the public road for the purpose.

Regulation 42. Driving etc. of elephants, wild animals etc.--

Nobody shall lead, drive, conduct or convey any elephant or wild or dangerous animal through any street and during timings, without the permission of the Commissioner on such conditions as specified by him.

CHAPTER III TRANSPORT OF DANGEROUS SUBSTANCES & DEAD BODIES

Regulation 43. Restriction to carry dangerous substances.--

(1)     Excepting in the routes, timing and manner as may be permitted by the Commissioner, no person shall carry or ferry in any transport vehicle at any time in any street or public place, any hazardous or noxious or otherwise dangerous substance, posing obstruction, inconvenience, annoyance, risk, danger or damage to the residents, passengers or persons in the street or public place.

(2)     Except in the building or structure and site as may be permitted and licensed by the-Commissioner, no person shall store in any street or public place any hazardous or noxious or otherwise dangerous substance posing obstruction, inconvenience, annoyance, risk, danger or damage to the passengers, or residents and members of public in the vicinity.

(3)     Except for fuel and lubricants necessary for use in vehicles, no explosive, inflammable, hazardous, noxious or otherwise dangerous substance shall be carried on any passenger or public service vehicle.

Regulation 44. Carriage of dead bodies etc.--

(1)     Except in the routes, time and manner permitted by the Commissioner, no person shall carry or ferry at any time in any street or public place any corpse of deceased person, carcass of animal or part thereof, and persons or animals suffering from contagious or infectious disease which may pose obstruction, inconvenience, annoyance, risk, danger or damage to the passengers, or residents in the vicinity.

(2)     Except with the permission of the Commissioner specifying the route, timing and manner, no person shall take from or into any house or building in any street any ordure or offensive matter or object.

CHAPTER IV FIRE AND FIREWORKS

Regulation 45. Fireworks, bonfire on streets.--

(1)     No person shall indulge in setting of fire, burning of any material or lighting a bonfire or wantonly discharging a fire arm or air gun, letting off or throwing a firework or sending up a fire balloon or rocket in or upon a public road/street or within fifty feet of a street or building or in the putting up of any post or other things on the side of or across a street for the purpose of affixing lamps or other contrivances/ appliances thereto for illumination except as may be permitted by the Commissioner.

(2)     No person shall light/ignite any fire or fireworks in a public place or its vicinity so as to cause inconvenience, risk, danger or damage to the public.

CHAPTER V SIGNBOARDS AND ADVERTISEMENTS

Regulation 46. Erection of advertisements etc.--

(1)     No person shall erect, exhibit, fix or retain any sign, device or representation for the purpose of advertisement, which is visible on the sky from some point in any street and is hoisted or held aloft over any land, building or structure, except as may be permitted by the Commissioner.

(2)     There shall not be any fixture or fitting on or in the vicinity of any public road, cycle/pedestral track, pavement or any private property in the vicinity of a public road for the purpose of erection of hoardings and display of advertisements etc. without the written permission of the Commissioner of Police.

(3)     Permission for continuance or retention of the existing signboards fixed for advertisement shall be made within a period of six months from the date of commencement of these regulations along with necessary fee and other documents as may be specified by the Commissioner.

CHAPTER VI PUBLIC AMUSEMENT/ENTERTAINMENT

Regulation 47.

(1)     No public amusement or public entertainment or assembly including melas, circus, exhibition, amusement parks, bowling alleys, pool table rooms, water parks, card rooms, social clubs, meenabazar, yatra, fare, etc. shall be organized except with the license of the Commissioner.

(2)     No public amusement or public entertainment shall be organized except at places designated by the Commissioner from time to time and published in notice board/local newspapers, etc.

(3)     All places of public amusement or public entertainment shall have as many entrance and exit gates of such dimension and direction as may be specified by the Commissioner.

(4)     Safety measures pertaining to fire, health, sanitation, electricity, structure, etc. shall be ensured by the organizers of public amusement or public entertainment, as directed by the Commissioner and by obtaining certificates from respective authorities.

(5)     No musical, dancing, mimetic, theatrical or other performance including melas shall be held at places, in timing and for durations other than specified by the Commissioner.

(6)     No musical, dance, mimetic, theatrical or other performance for public amusement including melas shall cause or allow exploitation of artists in terms of hours of work, remunerations, forcible participation and exploitation of minors etc.

(7)     Whistling, caricature, disruption, stage-storming, forcible entry, etc. on the part of the audience are strictly prohibited in any musical, dancing, mimetic or theatrical or other performance for public amusement including melas.

Regulation 48. Obligation to obtain license.--

No person shall establish or run public amusement/public entertainment at a public place except after obtaining a license from the Commissioner.

Regulation 49. Inspection of premises.--

(1)     The Commissioner or any other officer authorized by him may, for the purpose of granting license/permission, if necessary, inspect the premises and during such inspection may take the assistance of any other officer or authority.

(2)     The Commissioner or any other officer authorized by him may inspect the premises of public amusement or public entertainment from time to time to see compliance to conditions of license granted

Regulation 50. Consideration of documents/reports.--

The Commissioner shall consider,--

(a)      public interest,

(b)      availability of parking place, commensurate with the sitting capacity,

(c)      possible adverse impact on law and order situation,

(d)      public safety, convenience and comfort along with the objections and suggestions received by him before any license is granted or refused.

Regulation 51. Seating arrangements.--

(1)     The licencee shall not accommodate more than twenty persons per nine square meters in the place of public entertainment or public amusement.

Provided that the space of entrance, passage, corridor, gangway and stage shall be deducted for the purpose of calculating the seating accommodation.

(2)     There shall be at least one emergency exit in addition to the normal doorway fitted with doors which open outwards,

(3)     There shall be openings sufficiently wide enough to ensure good ventilation or provision for sufficient good air conditioning.

(4)     Ordinarily one Water Closette and one urinal separately for men and women each for every fifty persons or less shall be provided.

(5)     Any performance within the licensed premises for conducting live band or music shall be conducted on a stage which shall be properly separated from the seating area. There shall be no inter mingling of performers with customers or guests on or off the stage. There shall be a distance of at least five feet between the stage and first row of the seating area.

Regulation 52. Notice board.--

Every licencee shall conspicuously affix or cause to be affixed at the place of public entertainment/amusement, a board containing his name and address, the period of license, sitting capacity along with photo copy of the license.

Regulation 53. Decency and decorum.--

There shall not be any indecent exposure of body and any action, gesture, picture or photograph which has indecent or sexual overtone during musical, dancing, mimetic, theatrical or other performance for public amusement including melas.

Regulation 54. Entrance and exit.--

Means of entrance and exit at the place of public amusement and public entertainment or assembly, the hour of operation, sale of ticket or pass for admission shall be regulated as per the conditions and restrictions specified in the license/permit.

Regulation 55. Certificate.--

While applying for license/permission under these regulations to the Commissioner, applications along with necessary fee shall be accompanied by the following reports/ recommendations/ certificates :--

(a)      No Objection Certificate from landlord;

(b)      Recommendation/No Objection Certificate from local Fire Officer;

(c)      Recommendation/No Objection Certificate from local Electrical Inspector;

(d)      Recommendation regarding fitness of civil construction from the Executive Engineer of Public Works Department; and

(e)      Certificate of sanitation and health from Municipal Corporation.

CHAPTER VII USE OF LOUDSPEAKER

Regulation 56.

(1)     No person shall install, supply, use or operate, or permit the installation, use or operation of a loudspeaker in or near any public place or in any place of public entertainment/public amusement or shall cause mobile publicity, except after obtaining permission from the Commissioner or any officer authorized by him.

(2)     No person shall use or play loudspeaker at any place or compound within a radius of 400.40 meters from a hospital, court premises, educational/religious institutions and such other institutions as specified by the Commissioner from time to time.

(3)     No person shall use loudspeaker, play music, beat drums, torn toms or other instruments and sound horns and other noisy instruments in or near public places, except as specified by the Commissioner of Police.

(4)     The Commissioner of Police shall regulate, control and license use of loudspeaker, playing of music, drums, DJs., torn toms or other instruments, blowing or sounding of noisy instruments in or near streets or in public places causing inconvenience, annoyance, danger or damage to the residents or passengers of the vicinity or others.

(5)     All band parties using amplifier along with some boxes and various musical instruments as well as DJs normally accompanying processions of marriage etc. shall install SOUND LIMITERS connected to the amplifiers so that the decibels of sound produced by such amplifiers does not exceed 65 decibels.

(6)     All Police Stations shall be provided with SOUND LEVEL METERS for checking the dB level of sound produced by band parties etc. referred above to conform to the specified dB levels

(7)     No band party using amplifiers along with some boxes and various musical instruments as well as DJs. normally accompanying processions of marriage etc. shall use more than 5 paddle trolleys or one light vehicle for movement of their equipments and instruments during such processions.

(8)     No person is permitted to use or play loudspeaker after 10-00 pm and before 6-00 am, except under exceptional circumstances as permitted by the Commissioner.

(9)     Loudspeakers used in religious institutions for playing of devotional music, invocation of mantras or reading of scriptures etc. shall be played at such level that the sound is generally confined to the premises and does not cause annoyance or inconvenience to the public in the vicinity.

(10)   No person shall start a business of loudspeaker contracting except under license by the Commissioner for which he has to produce a Wireman Certificate recognized by the Government, Wireman License and any other certificate along with fees, as specified by the Commissioner from time to time:

Provided that the existing owners/persons in possession of loudspeaker and contractors shall obtain such license within a period of 6 months from the date of commencement of these regulations.

(11)   The Commissioner shall regulate/permit and license use and play of loudspeaker in accordance with the provisions of Orissa Fireworks and Loudspeakers (Regulation) Act, 1958, rules made thereunder, directions of the Hon'ble Courts and other institutions issued from time to time.

CHAPTER VIII SLAUGHTER HOUSE

Regulation 57.

(1)     No person shall slaughter animals, sell flesh, clean carcasses or hides, deposit noxious or offensive matter or keep the animals or obeying calls of nature in the Commissionerate area except at places set apart for the purpose by the Commissioner.

(2)     The Commissioner may specify the manner of slaughtering of animals for the purpose of sale of flesh.

CHAPTER IX POLLUTION

Regulation 58.

(1)     No person shall pollute any source, supply or receptacle of water.

(2)     Commissioner may direct closure or disuse wholly or for certain purposes or limit to certain purposes only the use of any source, supply or receptacle of water, after due consultation with municipality or other civil authorities.

CHAPTER X RALLY/PROCESSION

Regulation 59.

(1)     No person shall constitute any assembly or procession on or along any street or no procession shall pass on any street except in the routes permitted by the Commissioner so as to prevent annoyance, risk, danger or damage to the residents or people in the vicinity or disruption to the traffic.

(2)     No person shall carry explosives, arms, swords, knives, sticks or any instrument capable of being used to harm the people except with the permission of the Commissioner.

CHAPTER XI PERMISSION AND LICENSES

Regulation 60. Permission.--

(1)     Every person may apply for obtaining permission for any purpose as provided under these regulations in Form No. 1 along with necessary fees and certificates/NOC as may be specified by the Commissioner.

(2)     Permission with necessary conditions as the case may be or refusal thereof shall be granted by the Commissioner or by any officer authorized by him in Form No. 11.

(3)     After permission for any purpose as provided under these regulations even is/are granted, the Commissioner shall have the power to cancel such permission on the ground of non-compliance to license conditions, public safety and breach of public order.

(4)     Before cancellation of the permission under sub-regulation(3), the Commissioner shall give an opportunity of hearing to the applicant and record the reasons in writing while issuing the order of cancellation.

(5)     Every permission for any purpose, as provided under these regulations shall lapse on expiry of the period/duration specified in the permission unless renewed by the Commissioner.

(6)     Any person aggrieved by the order of the Commissioner may prefer an appeal before the Director General and Inspector General of Police, Orissa within a period of 30 days.

Regulation 61. License.--

(1)     Every person may apply for obtaining licenses for any purpose as provided under these regulations in Form No. 1 along with such fees as may be specified by the Commissioner.

(2)     License with or without conditions as the case may be or refusal thereof shall be granted by the Commissioner or any officer authorized by him in Form No. 11.

(3)     After license for any purpose as provided under these regulations even is/are granted, the Commissioner shall have the power to cancel the license on the ground of non-compliance to license conditions, public safety and breach of public order.

(4)     Before cancellation of the license under sub-regulation(3), the Commissioner shall give an opportunity of hearing to the applicant and record the reasons of cancellation in writing while issuing the order.

(5)     Every license for any purpose, as provided under these regulations shall lapse on expiry of the period/duration specified in the license, unless renewed by the Commissioner.

(6)     Any person aggrieved by the order of the Commissioner may prefer an appeal before the Director General and Inspector General of Police, Orissa within a period of 30 days.

Regulation 62.

The fees to be charged for the purpose of obtaining license or permission or renewal thereof under the provisions of these regulations shall be as specified in the Table below:

Table

Regulation 63.

The Commissioner in appropriate cases may exempt or reduce the license fee as referred to in regulation 62 after recording reasons therefor in writing.

Regulation 64.

License granted under this chapter for the periods specified there in shall require renewal by the Commissioner.

Regulation 65.

If any activity has been held without license or permit required to be obtained under these regulations, the Commissioner may, if deems fit regularize such unlicensed or non-permitted performance by charging double the rate of normal fee specified in regulation 62.

FORM I

FORM OF APPLICATION

(See Regulation 60)

From

………………………………………………………………….

………………………………………………………………….

………………………………………………………………….

To

The Commissioner of Police, Bhubaneswar-Cuttack.

Sub.: Application for grant of permission/license for.................................................

Sir,

I, Shri/Smt./Kumari.....................................................apply for grant of permit/license under Regulation.....................of Bhubaneswar-Cuttack Police Commissionerate Regulation, 2008.

The details are as follows:

 Place:........................  

Date:.................................         Signature of the applicant

 

FORM II

LICENSE/PERMIT

(See Regulation 60 )

(Granted under Regulation.................................)

Shri/Smt./Kumari......................................................s/o/d/o/w/o..............................................of M/s...........................................is hereby granted permission/license for.........................................on the date/time and place mentioned below, subject to following conditions and restrictions.

Note :

(1)      This permit/license shall be returned to the Issuing Authority within a week after the date of expiry by post or dropping in the Drop Box kept in the office for the purpose.

(2)      This permit/license shall be renewed before 15 days of its expiry.

(3)      The permit/license shall be produced for inspection on demand by any Police Officer authorized by the Commissioner.

SIGNATURE OF THE ISSUING AUTHORITY