28. Power to make regulations for regulating traffic and for preservation of order in public place, etc.
(1)The Commissioner may, with the previous sanction of the Government, make regulations to provide for all or any of the following matters, namely:-(i)regulating traffic of all kind in streets and the use of streets and other public places by persons riding, driving, cycling, walking, leading or accompanying cattle, selling or exposing for sale any goods, so as to prevent danger, obstruction or inconvenience to the public;(ii)regulating the conditions under which vehicles may remain standing in streets and other public places, and the use of streets as halting places for vehicles or cattle;(iii)specifying the number, colour and position of lights to be used on vehicles in streets and the hours between which such lights should be used;(iv)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 height as may be specified in the regulations, having regard 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;(v)specifying certain hours of the day during which cattle shall not be driven, or, as the case may be, driven only in accordance with such regulations, along the streets, or along certain specified streets;(vi)regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street;(vii)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;(viii)licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and public places or storage of any hazardous or noxious substance;(ix)prohibiting, except along certain specified streets and during specified hours and subject to such conditions as may be specified in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious disease, the carcasses of animals or parts of such carcasses or corpses of persons deceased;(x)specifying certain hours of the day during which ordure or offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except in accordance with such regulations;(xi)setting apart places for slaughtering animals, sale of flesh, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature;(xii)in case 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 Government with a view to prevent the disease or check the spread thereof;(xiii)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;(xiv)licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the use of loud speakers, the playing of music, the beating of drums, tomtoms or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or other public places;(xv)regulating the conduct of or behaviour or action of persons constituting assemblies and processions on or along the streets and specifying in the case of processions, the routes by which the same may pass, in order to prevent annoyance, risk, danger or damage to the residents or people in the vicinity and prohibiting the carriage of explosives, arms, swords, knives, sticks or any instrument which may be capable of being used to harm the people, except in accordance with the permission of police;(xvi)prohibiting the hanging or placing of 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;(xvii)prohibiting, except in accordance with such regulations, 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;(xviii)regulating or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting, -(a)the illumination of streets and public places and the exterior of buildings abutting thereon by persons other than servants of Government or Corporation or other Municipal Officers duly authorised in that behalf,(b)the blasting of rocks, crushing of rocks and stones or making excavations in or near street or public places,(c)the using of loudspeaker in or near any public place or in any place of public entertainment,(d)sounding of vehicle horns or generating of noise otherwise,(e)disposal of debris, rubbles, rubbish, refuge, waste, unusable articles, etc.,(f)sale, exposure and consumption of food and drinks by stationary or moving shops and carts for maintenance of hygiene and cleanliness by them,(g)exhibition, display and sale of articles by hawkers and street vendors, and(h)erection of gates, puja pendals, tents, shamianas in public places for celebration of functions, festivals or otherwise;(xix)closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;(xx)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;(xxi)prohibiting the setting of fire to or burning of any straw 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 a street 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 in accordance with regulations in this behalf;(xxii)regulating the hours during which and the manner in which any place for the disposal of the dead, dharmasala, village, gate or other places 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;(xxiii)(a)licensing or controlling places of public amusement or public entertainment;(b)prohibiting the keeping of places of public amusement or public entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity; and(c)regulating the means of entrance and exit at places of public amusement or public entertainment or assembly and providing for the maintenance of public order and the prevention of disturbance thereat;(xxiv)(a)licensing or controlling, in the interest of public order, decency or morality or, in the interest of general public (with such exceptions as may be specified in such regulations), musical, dancing, mimetic or theatrical or other performances for public amusement including melas;(b)regulating, in the interest of public order, decency or morality or, in the interest of general public, the employment of artists and the conduct of the artists and the audience at such performances;(c)prior scrutiny, by a Board, appointed by Government for the purpose (consisting of members being persons who, in the opinion of the Government, possess knowledge of, or experience in, literature, theatre and other matters relevant to such scrutiny), of such performances and of the scripts in respect thereof, if any, and granting of suitability certificate therefor subject to conditions, if any, provision for appeal against the order or decision of the Board to an appellate authority, its appointment or constitution, its procedure and other matters ancillary thereto and the fees (whether in the form of Court fee stamps or otherwise) to be charged for the scrutiny of such performances or scripts, for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals; and the performances and the scripts, in respect of which suitability certificate has been granted by any other State or Union Territory, shall be exempted from purview of this provision;(d)regulating the hours during which and the places at which such performances may be given;(xxv)regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement;(xxvi)registration of eating houses including granting a certificate of registration in each case, which shall be deemed to be a written permission required and obtained under this Act for keeping the eating house, and renewal of such registration within a specified period ;Provided that nothing in this sub-section and no licence or certificate of registration granted under any regulation 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 any law relating to prohibition, which is for the time being in force.(2)The Commissioner in an area under his charge may, from time to time, make regulations prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose and the regulations so made shall specify the places set apart for disposal of the dead of different communities or section of communities:Provided that no such regulations shall be made in respect of any area for which places have not been so set apart:Provided further that the Commissioner or any officer authorised by him in this behalf may, on an application made to him by any person, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reason.(3)The Commissioner may also make regulations prescribing the procedure in accordance with which any license or permission sought to be obtained or required under this Act shall be applied for and for fixing the fees to be charged for any such license or permission or renewal thereof.
