(1) Any person who commits any of the following offences on any road, or street or thoroughfare, or any open place within the limits o f any area to which this section has been specially extended by notification by the State Government or a Local Government, to the inconvenience, annoyance or danger o f the residents or passers by shall, on conviction by a Court, be liable to a fine which may extend upto two thousand rupees:-
(a) allowing any cattle to stray, or keeping any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or leaving any conveyance in such a manner as to cause inconvenience or danger to the public;
(b) being found intoxicated and riotous;
THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 1905.
(c) neglecting to fence in or duly protect any well, tank, hole or o|her dangerous place or structure under his charge or possession; or otherwise creating a hazardous situation in a public place;
(d) defacing, or affixing notices, or writing graffiti on walls, buildings or other structures without the prior permission of the custodian of the property;
(e) willfully entering or remaining without sufficient cause in or upon any building belonging to the Government or land or ground attached thereto, or on any vehicle belonging to Government;
(f) knowingly spreading rumours or causing a false alarm to mislead the police, fire brigade or any other essential service or;
(g) willfully damaging or sabotaging any public alarm system;
(h) knowingly and willfully causing damage to an essential service, in order to cause general panic among the public;
(i) acting in contravention o f a notice publicly displayed by the competent authority in any Government building:
Provided that the police shall take cognizance o f this offence only upon a complaint made by an authorized functionary o f the concerned office.
(J) causing annoyance to a woman by making indecent overtures or calls or by stalking:
Provided that the police shall take cognizance o f this offence only upon a complaint made by the victim.
(2) It shall be lawful for any police officer to take into custody, without a warrant, whoever commits any of the offences mentioned in sub-section (1).
(3) Whoever commits any offence under sub-section (1), on subsequent conviction shall be liable to enhanced punishment.
Procedure for 101. (1) All general directions, regulations, and public notices issued posting directions under this Chapter shall be published by posting notices in the and public notices office o f the District Magistrate, Revenue Circle, Municipality, Police Station and Panchayat Office of the local area as well as in the locality affected, by affixing copies in conspicuous places near the building or place to which the notice specially relates, or by announcing it by the beating of drum or by advertising in local newspapers and other media, or by any other means as the Superintendent of Police may deem fit:
Provided that the Superintendent o f Police may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.
1906 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007
(2) If any direction or regulation made under this Section relates to any matter with respect to which there is a provision in any law, rule or bylaw of the Corporation or of any other Municipal or Local Authority in relation to public health, convenience or safety o f the locality, such regulation shall be subject to such law, rule bylaw.
Prosecution of police officers Prosecution for offences under other laws 102 No Court shall take cognizance of any offence under this Act when the accused person is a police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officer authorized by the State Government in this behalf.
103. Subject to the provisions contained in section 300 of the Code of Criminal Procedure, 1973. nothing in this Act shall be construed as preventing any person from being prosecuted and punished under any other law for anything made punishable by this Act.
Summary disposal of certain cases
104. (I) A Court taking cognizance of an offence punishable under sections 94 and 103 (1) may state, upon the summons to be served to the accused person, that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter, and remit to the Gouri such sum as the Court may specify.
(2) Where an accused person pleads guilty and remits the sum specified in the summons under sub-section (1), no further proceedings in respect of the offence shall be taken against that person.
Recovery o f penalties and fines imposed by the Magistrate
105. Provisions of sections 64 to 70 of the Indian Penal code, I860 and sections 386 to 389 of the Code of Criminal Procedure, 1973 shall apply to penalties and fines imposed under this Act on conviction before a Magistrate:
Central Act No. 45 of i860 .and Art no 2 ot‘ 1974
Provided that notwithstanding anything contained in section 65 o f the Indian Penal Code. I860. any person sentenced to fine under Sections 94 and 100 (I) o f this Chapter may be imprisoned in default o f payment o f such fine, fo r any period not exceeding eight days.
Limitation o f actions
106. No Court shall take cognizance of any offence under this Chapter after the expiry7 of the period of limitation provided for in Section 468 of the Code of Criminal Procedure, 1973. for computing the limitation period, provisions of Chapter XXX VI of the Code of Criminal Procedure shall apply.
THE ASSAM GAZETTE, FAIR ' > IMAI j K J I L 1907 z Chapter X Miscellaneous Powers o f District Superintendent of Police to be exercised by the Commissioner of Police
107. All powers, functions and duties of the District Superintendent of Police described tn tills Act shall be exercised, in respect of areas notified under section 7 of Chapter II by the Commissioner of Police or any other officer authorized in this behalf Disposal o f fees and rewards
108. All fees paid for licenses or written permission issued under this Act, and all sums paid for the service of processes by the police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the State Government.
Method o f proving orders and notifications
109. Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such Magistrate, or officer, and by him certified to be a true copy of an original published or issued according to the provisions of this section of the Act applicable thereto.
Validity o f rules and orders
110. No rule, regulation, order, direction, or notification made or published and no adjudication, inquiry or act done under any provision of this Act, or under any rules made there under, which is substantial conformity with the same, shall be deemed illegal, void or invalid by reason, of any defect of form.
Officers holding charge o f or succeeding to vacancies competent to exercise powers
111. Whenever in consequence of the office o f a Commissioner. Magistrate or police officer becoming vacant, any officer holding charge uf the post of such Commissioner, Magistrate, or police officer or succeeds, either temporarily or permanently, to his office, such officer shall h. c ompetent to exercise all the powers and perform all the duties respect!'.
conferred and imposed by this Act on such Commissionci. Ma.a.irate or police officer, as the case may be.
Licences and written permissions to specify conditions, and
112. (I) Any licence or written permission granted under the pint bions of this Act shall specify the period and locality for which and die conditions and restrictions subject to which, the same is ye and shall be given under the signature of the competent affioi g and such fee shall be charged there on as may be preset ibed by the rules to be signed under this Act in that behalf.
1908 THE GAZETTE, EXTRAORDINARY, AUGUST 31, 2007
(2) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if any o f its conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such licence or permission relates.
(3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall for all purposes of this Act, be deemed to be without a licence or written permission until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.
(4) Every person to whom any such licence or written permission has been granted, shall, while the same remains in force, at all reasonable time, produce the same, if so required by a police officer.
Explanation: For the purpose of this Section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement or evasion by, or as the case may be, conviction of the person to whom such licence or written permission has been granted.
Public notices how to be given Consent o f a competent authority may be proved by w riting under his signature
113. Any public notice required to be given under any o f the provisions of this Act shall be in writing under the signature o f a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers - English or regional language or Hindi - as the said authority may deem fit, or by any or more of these means and by any other means it may think suitable:
Provided that the competent authority may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.
114. Whenever under this Act, the doing or the. omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to conveyor set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.
Power to make rules