[31
OF 2023] [29th
June 2023] AN ACT to provide for the
public safety measures at the establishment in the State and for the matters
connecting therewith or incidental thereto Preamble Whereas it is expedient
further to provide for the public safety measures at the establishments in the
State of Assam and for matters connected therewith or incidental thereto; It is hereby enacted in the
Seventy-fourth year-of the Republic of India as follows: - (1)
This Act may be called the Assam Public
Safety (Measures) Enforcement Act, 2023. (2)
It extends to the whole of the State of
Assam. (3)
It shall come into Force at once. (a)
"Establishment" means and includes
Government buildings, public institutions, commercial establishments,
industrial establishments, religious places, educational institutions,
hospitals, sports complexes, railway stations, bus stations, cinema halls,
storage buildings, any place of business or office employing 5 (five) or more
persons, places of organized congregations and such other establishments as the
Government, may by notification declare to be an establishment for the purpose
of this Act; (b)
"Government" means the Government
of Assam; (c)
"Society" means both registered and
unregistered Resident Welfare Societies or resident or housing societies or Row
House etc; (d)
"Owner" means, when used in
reference to any premises the person who receives the rent of the said premises
or would be legally entitled to do so if the premises was let out and also
includes:- (i)
an agent or trustee who is legally authorized
to receive such renton behalf of the owner, (ii)
a receiver, executor or administrator or a
manager appointed by any court of competent Jurisdiction to have the charges of
or to exercise the rights of owner of the said premises, (iii)
a person having legal title over the
premises, (iv)
a head of an Institution or department,
principal officer of a statutory authority or a Company or a firm in respect of
premises under their respective control, (e)
"License" means a valid permission
or license to run an establishment obtained under the Guwahati Municipal
Corporation Act, 1969, Boards under Assam Municipal Act, 1956 and under Assam
Municipal Corporation Act, 2022 or any other Act as relevant for the purpose of
this Act; (f)
"The Licensing (sanctioning)
Authority" means an authority competent to issue license to run an
establishment under Guwahati Municipal Corporation Act, 1969, Boards under
Assam Municipal Act, 1956, Assam Municipal Corporation Act, 2022 or an
authority competent to issue permission or license for running an
establishment; (g)
"Notification" means a notification
published by the Government in the Official Gazette and the word notified shall
be construed accordingly; (h)
"Prescribed" means prescribed by
rules made under this Act; (i)
"Public Safety Measures" means
Access Controls and Closed Circuit Television Camera System at all entry and
exit points, common areas and all corners of the establishments, residential
buildings and their parking areas by installing; (i)
Access Controls through Physical and
Technical means; (ii)
Surveillance through Closed Circuit
television surveillance camera system with a provision for storage of video
footage for thirty (30) days; (iii)
The technical equipments adhering to the
specifications as may be notified by the Government from time to time. (j)
"Person" means and includes; (i)
an individual, (ii)
a Hindu undivided family; (iii)
a Company; (iv)
a firm under the Indian Partnership Act, 1932
(9 of 1932) or the Limited Liability Partnership Act, 2008 (6 of 2009), as the
case may be; (v)
a competent authority;- (vi)
an association of persons or a body of
individuals whether incorporated or not; (vii)
a co-operative society registered under any
law relating to co-operative societies; (viii)
any Such other entity as the Government may,
by notification, specify in this behalf; (k)
"Residential Building", means and
includes a building used for residential purpose which is above Ground + 2
Floors and which has one or more family dwelling units or lodgings and such
other places or buildings as may be prescribed or as may be declared by
notification to be a residential building for the purpose of this Act. (1)
Every owner or society or manager or person
or the persons running an establishment with minimum five number Of people and
every such owner or society or person or persons owning or managing a residential
building shall, provide and maintain public safety measures for the safety and
security of the people their establishment or residential building. (2)
Every owner or society or manager or person
or the persons as described in sub-section (1) shall save or store video
footage properly for a. period of thirty (30) days änd shall provide the same
as and when required by an Inspector of Police having Jurisdiction over the
area or any other authority as may be notified by the Government. (1)
Every owner or society or manager or person
or the persons as described in sub-section (1) of section 3 shall file and
upload periodical returns in such manner and in such form and in such online
portal as may be prescribed, certifying that the Public Safety Measures are
provided, properly maintained and the relevant equipment’s are in working
condition, once in every six months. (2)
Every owner or society or manager or person
or the persons as described in sub-section (1) of section 3 as on the date of
commencement of this Act, shall, implement public safety measures within a
period of 1 (one) year from the date of commencement of this Act or in case of
an establishment before the next date of renewal of license, whichever is
earlier. (1)
The Assistant Commissioner of Police (ACP) or
Deputy Superintendent of Police (DSP) or the Sub Divisional Police Officer
(SDPO) of the concerned area shall, on receipt of report from the concerned
Inspector of Police having Jurisdiction over the area under section 5, shall
issue a show cause notice to the owner or manager or person or the persons who
are running any such establishment, giving 15 days time for compliance. (2)
If an owner or manager or person or the
persons who are running -any such establishment and an owner or society or
person or persons owning or managing a residential building, on receipt of show
cause notice issued under sub-section (1) above, falls to comply with the
directions of notice, the concerned Assistant Commissioner of Police (ACP) or
Deputy Superintendent of Police (DSP) or Sub Divisional Police Officer (SDPO)
as the case may be levy a compounding fee on the owner or manager or society or
person or the persons running such establishment or owning or managing a
residential building - (a)
for the first month of default Rs, 5,000/- (b)
for the second month of default- Rs. 10,000/- (3)
In case of any failure on the part of the
owner or manager or the person or persons running an establishment, to comply
with the directions, within a period of two months, the Inspector of Police
having Jurisdiction over the area shall, seal the premises temporarily and send
a report to licensing authorily concerned, through the Assistant Commissioner
of Police (ACP) or Deputy Superintendent of Police (DSP) the Sub Divisional
Police Officer (SDPO) or having Jurisdiction over the area: Provided that the religious
institutions or any other religious place shall not be sealed. (4)
The licensing authority concerned shall, on
receipt of such report under sub-section (3) above shall issue show cause
notice to the owner or manager or person or the persons who are running any
such establishment and initiate action as per the provisions of law governing
the issuance of license. (1)
Any owner or society or manager or person or
persons who are running an establishment and any owner or society or person or
persons owning or managing a residential building, who is aggrieved by an order
made or any action taken by Assistant Commissioner of Police or Deputy
Superintendent of Police or Sub Divisional Police Officer (SDPO) under this
Act, may prefer an appeal to the jurisdictional Commissioner of Police or
Superintendent of Police as the case may be or such other Officer as may be
prescribed, within thirty days from the date of issue of order or action taken.
The Commissioner of Police or Superintendent of Police or such other Officer
shall hear and dispose of the appeal in such manner as may be prescribed. (2)
Any person or establishment aggrieved by the
order of the Deputy Commissioner of Police or Additional Superintendent of
Police may prefer a second appeal to the Jurisdictional Commissioner of Police
or the Superintendent of Police as the case may be, within thirty days from the
date of such order and in all cases order of the Commissioner of Police or
Superintendent of Police. shall be final The Commissioner of Police or the
Superintendent of Police shall dispose such applications in such manner as may
be prescribed. (1)
The provisions of this Act shall be in
addition to and not in derogation of provisions of any other law for the time
being in force and in the event of any conflict between a, Provision of this
Act and an provision of any other law for the time being in force, the"
provision of this Act shall prevail to the extent of such conflict. (2)
Nothing contained in this Act, shall exempt
any person from any proceeding (whether by way of investigation or otherwise),
which might apart from this Act, be instituted or taken against him. (1)
The Government may, by notification, make
rules for carrying out. tlie provisions of this Act. (2)
Every rule made under this Act shall,
immediately after it is made, be laid before the Legislature of the State, if
it is in Session and if it is not in Session, in the session immediately
following for a total period of fourteen days which may be comprised in one
session or in two successive sessions and if, before the expiration of the
session in which it is so laid or the session immediately following the
Legislative of the State agrees in making any modification in the rule or in
the annulment of the rule, the rule shall, form the date on which the
modification or annulment is notified, have effect only in such modified form
or shall stand annulled as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.The
Assam Public Safety (Measures) Enforcement Act, 2023
In this Act unless the context otherwise requires -
The Inspector of Police having Jurisdiction over the area, may at reasonable
time, with prior notice, enter into any establishment, inspect and check as
regards the Installation and functioning of the public safety measures. and in
case of any default or violation shall send a report to the Assistant
Commissioner of Police (ACP) or Deputy Superintendent of Police (DSP) or Sub
Divisional Police Officer (SDPO) as the case may be having Jurisdiction over
the area.
No suit, prosecution or legal proceedings shall lie against any authority or
officer for anything done in good faith or intended to be done In pursuance of
this Act or any rule or order made thereunder.
If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act, as may appear to
be necessary and expedient for the purpose of removing difficulties.