68. The power to forbid, impose ban, regulate or impose condition on playing of microphone, etc.
- 1. The District Magistrate or the District Superintendent of Police or Sub-divisional Magistrate or Magistrate or Sub-Divisional Police Officer or Station House Officer of the police station is of the opinion that, in order to prevent annoyance of people or any of its class or to prevent the injury to their health or to maintain peace or tranquility, it is necessary to do so, shall, in the area of its jurisdiction or in such area, by order, be able to forbid, prohibit or regulate the playing of microphone, loud speaker or sound amplifier or shall be able to impose condition on their use and operation.(2)The Government , suo motu or on the representation of any aggrieved person or persons may modify or change or cancel any order issued under sub-section (1)(3)Police Officer, at least of the rank of Sub-inspector, in order to ensure the compliance of any order issued under sub-section (1) or any order modified or changed under sub-section (2) may take such measures or use such force as proper and expedient and may confiscate any microphone, loud speaker or other instrument being used or operated to violate the order.(4)The police officer impound the microphone, loud speakers, or other instruments under sub-section (3) may also impound any such vehicle on which such microphone, loud speaker, or other instrument is being carried, or being taken or has been installed.Provided , the Police Officer, at least of the rank of sub Inspector of that police station under the jurisdiction of which the vehicle has been impounded, may release such vehicle on the bond of an amount not more than rupees five thousand, which he deems proper, executed in favour of the Government by the owner of the vehicle with the condition that the vehicle shall be presented at the time of investigation or trial and that the person shall surrender the vehicle if given instructions to surrender under sub-section (5).(5)If any person, contravening the order of the District Magistrate, District Superintendent of Police, or Sub-Divisional Magistrate or any Magistrate or any Sub-Divisional Police Officer or Station House Officer of any police station issued under sub-section (1) or modified or changed by the Government under sub-section (2), is convicted, shall be liable to a penalty of up to rupees One Thousand and the court conducting trial of offence under this section, shall also issue the order to surrender the microphone, loud speaker or other instrument impounded under sub-section (3) or the vehicle impounded under subsection (4) and released under the provision thereof.(6)The provision of this section shall be in addition to the power vested by any other section and shall not be a dilution thereof.
