33. Power to make rules for regulation of traffic and for preservation of order in public place, etc.
(1)[The Commissioner with respect to all or any of the following matters specified in this sub-section, and the District Magistrate with respect to all or any of the said matters except those the matters referred to in sub-section (1AA), may make, alter or rescind rules or orders not inconsistent with this Act, in areas under their respective charges or any part thereof, namely:-] [This portion was substituted for the words beginning with the words 'The Commissioner and the District Magistrate' and ending with the words 'with this Act for' by Gujarat 16 of 1978, section 9(a).](a)licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside Railway stations, for the carriage of passengers', baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed;(aa)[ licensing and controlling persons offering themselves for employment at hills, mountains or such other places for carrying pilgrims, tourists or other passengers and their baggages, or goods on such hills, mountains or places, and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed;] [Clause (aa) was inserted by Gujarat 30 of 1962, section 2 (1).](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 danger, obstruction or inconvenience to the public;(c)regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle;(d)prescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used;(da)[ licensing, controlling or prohibiting the display of any pictures, advertisements, news boards or public notices [in or in the vicinity of, a street or any public place or upon a vessel] [Clause (da) was inserted by Bombay 20 of 1953, section 6(1).] or boat in territorial waters or on inland waterways other than national waterways;][Provided that nothing in this clause shall apply to the display of any news board or public notice by or on behalf of a political party, a public institution or a panchayats or municipality or municipal corporation or other local authority constituted under any law for the time being in force] [This proviso was added, by Gujarat 4 of 1964, section 2.](db)[ licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such heights as (regard being had to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction or causing obstruction to such traffic) may be specified in the rule or order;] [Clause (db) was inserted by Bombay 37 of 1959, section 2.](e)prescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets except subject to such regulations as he may prescribed in that behalf;(f)regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street;(g)regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance.(h)licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger, or damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places or gunpowder or any other explosive substance;(i)prohibiting, except along certain specified streets and during specified hours and subject to such regulations as he may prescribed in that behalf, the exposure of movement in any street of persons if animals suffering from contagious or infectious diseases and the carcasses of animals or part thereof and the corpses of persons deceased;(j)prescribing certain hours of the day during which orders or offensive matter of objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except subject to such rules as he may make in that behalf;(k)setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature;(l)in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupier thereof and residents therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approved by the State Government with a view to prevent the disease or to check the spreading thereof;(m)directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein;(n)licensing, controlling or, in order to prevent the obstruction,, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places;(o)regulating the conduct of and behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing in the case of processions the routes by which the order in which and times at which the same may pass;(p)prohibiting the hanging or placing or any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air;(q)prohibiting, except under such reasonable rules as he may make, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place;(r)licensing, controlling, or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting-(i)the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Municipal officers duly authorised in that behalf;(ii)the blasting of rock or making excavations in or near streets or public places;(iii)the using of a loudspeaker in [or near any public places or in any] [These words were substituted for the words 'any public place or' by Bombay 28 of 1954, section 7.] place of public entertainment;(s)closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;(t)guarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public;(u)prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly discharging a fire-arm or air-gun, or letting off or throwing a firework or, sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination, except subject to such reasonable rules, as he may make in that behalf;(v)regulating the hours during which and the manner in which any place for the disposal of dead, any dharmashala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto;(w)(i)licensing or controlling places of public amusement or entertainment;(ii)prohibiting the keeping of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity;(iii)regulating the means of entrance and exist at places of public amusement or entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat;(wa)[ [Clause (wa) was inserted by Bombay 20 of 1953, section 6(2).](i)licensing or controlling with such exceptions as may be specified, the musical, dancing, mimetic or theatrical or other performances for the public amusement, including melas and tamashas.(ii)regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances;(iii)prior scrutiny of such performance by a Board appointed by the State Government or by an Advisory Committee appointed by the Commissioner, or the District Magistrate in this behalf;(iv)regulating the hours during which and the places at which such performances may be given;](x)regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement;[***] [Deleted '(xa)' by Gujarat Act No. 8 of 2018, dated 5.4.2018.](y)prescribing the procedure in accordance with which any [licence or permission] [Substituted 'licence, permission or certificate of registration' by Gujarat Act No. 8 of 2018, dated 5.4.2018.] sought to be obtained or required under this Act should be applied for and fixing the fees to be charged for any such [licence or permission] [Substituted 'licence, permission or certificate of registration' by Gujarat Act No. 8 of 2018, dated 5.4.2018.]:Provided that nothing in this section and no licence [***] [Deleted 'or certificate of registration' by Gujarat Act No. 8 of 2018, dated 5.4.2018.] granted under any rule, made thereunder shall authorise any person to import, export, transport, manufacture, sell or possess any liquor, or intoxicating drug, in respect of which a licence, permit, pass or authorisation is required under the Bombay Prohibition Act, 1949 (Bombay 25 of 1949).[***] [This portion was deleted by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.] or under any other law for the time being in force [relating to the Abkari, or to the Prohibition of the manufacture, sale and consumption of liquor] [These words were substituted for the words 'relating to the Abkari revenue' by Bombay 34 of 1959, section 17(1).] 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 rules made under either of those enactments or the liability of any person thereunder:Provided further that any action under the rules or orders made under this subsection or the grant of a licence [***] [Deleted 'or certificate of registration' by Gujarat Act No. 8 of 2018, dated 5.4.2018.] made under such rules or orders shall be subject to the control and supervision of the State Government.(1A)[ The power to make rules or orders under clauses (w), [[(wa) and (x)] [This sub-section was inserted by Bombay 34 of 1959, section 17(2).] of sub-section (1)] shall in the first instance have effect only in relation to the [State of Gujarat] [These words were substituted for the words 'area of the pre-Reorganization State of Bombay, excluding the transferred territories' by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.]; 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.](1AA)[ A District Superintendent may, in areas under his charge or any part thereof, make, alter or rescind rules or orders not inconsistent with this Act, with respect to all or any of the matters specified in clauses (d), (db), (e) and (g) read with clause (y) of subsection (1):Provided that the rules and orders made by a District Magistrate under sub-section (1) for any of the matters specified in the said clauses and in force in any area immediately before the commencement of the Bombay Police (Gujarat Amendment) Act, 1977 (Gujarat 16 of 1978), shall continue in force therein as if made by the District Superintendent under this sub-section, until altered or repealed or amended by a competent authority.] [Sub-section (1AA) was inserted by Gujarat 16 of 1978, section 9 (b).](2)(i)The power of making, altering or rescinding rules under clauses [(a), (aa), (b)] [These brackets and letters were substituted for the brackets and letters '(a), (b)' by Gujarat 30 of 1962, section 2 (2).] 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 clause (i) 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 clause (1) of sub-section (1) shall if made in relation to [any area which is not under the charge of a Commissioner] [These words were substituted for the words 'any area outside Greater Bombay' by Bombay 56 of 1959, section 3, Schedule.], be forthwith [reported to [such authority as the State Government may appoint in this behalf] [These words were substituted for the words beginning with the words 'reported to' and ending with the words 'in this behalf by Bombay 8 of 1958, section 3, Schedule.] 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 bylaw 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 by-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 rescission after previous publication and every rule made or alteration or resending of a rule made under this section shall be published in the Official Gazette, and in the locality affected thereby 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 Commissioner, the District Magistrate or as the case may be, the District Superintendent] [These words were substituted for the words 'the Commissioner or the District Magistrate' by Gujarat 16 of 1978, section 9 (c).], as the case may be, is satisfied that circumstances exist which render 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 [***] [Deleted 'or to refuse a certificate of registration for, or to prohibit the keeping of, any eating house, as the case may be,' by Gujarat Act No. 8 of 2018, dated 5.4.2018.] 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.
