43D. Power to prohibit, restrict, regulate or impose conditions on the use of micro-phones, etc.
(1)(a)If, in the opinion of the Commissioner of Police, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or of any section thereof, or for the purpose of maintaining public peace and tranquility, he may by order prohibit, restrict, regulate or impose conditions on, the use or operation in any area within the town of Calcutta or in any vehicle within such area, of micro-phones, loudspeakers or other apparatus for amplifying music or other sounds.(b)The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify alter or cancel any such order.(2)A Police-officer, not below the rank of a Sub-Inspector or a Sergeant, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under clause(a) of sub-section (1) or any such order as modified or altered by the State Government under clause (b) of that sub-section and may seize any microphone, loudspeaker or other apparatus used to operated in contravenes of the order.(3)A Police-officer referred to above, who seizes any micro-phone, loudspeakers or other apparatus under sub-section (2), may also at the same time seize any vehicle in which such micro-phone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that time:Provided that any officer of the police-station within the limits of which the vehicle is seized not below the rank of a Sub-Inspector may release such vehicle on a bond for such sum, not exceeding five hundred rupees, as he deems reasonable, being executed by the owner of the vehicle in favour of the State Government to produce the vehicle at the time of the investigation or the trial, and to surrender the vehicle, if directed to be forfeited under sub-section(4).(4)Any person who contravenes any order of the Commissioner of Police made under clause (a) of sub-section (1) or who contravenes any such order as modified or altered by the State Government under clause (b) of that sub-section, shall be punished with a fine which may extend to one hundred rupees and the court trying an offence under this section may also direct the forfeiture of any microphone, loudspeaker or other apparatus seized under sub-section (2) or any vehicle seized under sub-section (3) or released under the proviso to that sub-section.(5)The provisions of this section shall be in addition to and not in derogation of the powers conferred by any other section of this Act.
