Andhra Pradesh Public Safety (Measures) …

1 Andhra Pradesh Public Safety (Measures) EnforcementAct-2013 The following Act of the AndhraPradesh Legislature received the assentof the Governor on the 4th July, 2013and the said assent is hereby firstpublished on the 6th July, 2013 in theAndhra Pradesh gazette for generalinformationACT NO. 6 OF 2013AN ACT TO PROVIDE FOR THEPUBLIC Safety MEASURES ATTHE ESTABLISHMENTS IN THESTATE AND FOR MATTERSCONNECTED THEREWITH ORINCIDENTAL it enacted by the Legislature ofPO ^ ^ ~ [ ` = THE Andhra Pradesh GAZETTEPART IV-B EXTRAORDINARYPUBLISHED BY AUTHORITYNO. 6] HYDERABAD, SATURDAY, JULY 6, Pradesh ACTS, ORDINANCESAND REGULATIONS NO. HSE/49A. 7894 THE Andhra Pradesh gazette EXTRAORDINARY [PART IV-Bthe State of Andhra Pradesh in the Sixty-Fourth year of the Republic of India asfollows:-1.]

2 (1) This Actmay be called theAndhra Pradesh Public Safety (Measures)Enforcement Act, 2013.(2) It extends to the whole areas ofGreater Hyderabad Municipal Corporation,Vijayawada Municipal Corporation,Visakhapatnam Municipal Corporation, theCorporations constituted under the AndhraPradesh Municipal Corporations Act, 1994,and such other areas and places as maybe identified and notified by the StateGovernment from time to time.(3) It shall come into force on suchdate as the State Government may, bynotification in the Andhra Pradesh In this Act unless the contextotherwise requires -(a) Establishment means a placefrequented by large number of people witha likelihood of Public gathering of 100people or more at a time, such ascommercial establishments, industrialestablishments, religious places,educational institutions, hospitals, sportscomplexes, railway stations, bus stations,Short titleextent andcommence-mentDefinitions:JULY 6, 2013] THE Andhra Pradesh gazette EXTRAORDINARY 5places of organized congregations andsuch other establishments as theGovernment, may by notification declareto be an establishment for the purposeof this Act.

3 (b) Government means the stateGovernment of Andhra Pradesh ;(c) License means a validpermission or license to build or run anestablishment obtained under theGreater Hyderabad MunicipalCorporation Act, 1955 or the AndhraPradesh Municipal Corporations Act,1994 or the Andhra Pradesh Cinemas(Regulation) Act, 1955 or AndhraPradesh Education Act, 1982 or anyother Act or the rules made under therelevant Acts for this purpose;(d) The Licensing (sanctioning)Authority means an authoritycompetent to issue license to build orrun an establishment under the GreaterHyderabad Municipal Corporation Act,1955 or the Andhra Pradesh MunicipalCorporations Act, 1994 or the AndhraPradesh Cinemas (Regulation) Act, 1955or the Andhra Pradesh Education Act,1982 or an authority competent to issuepermission or license for running aneducational institution;Act II of1955 Act 25 of1944 Act IV of1955 Act 1 THE Andhra Pradesh gazette EXTRAORDINARY [PART IV-B(e) Notification means anotification published by the Governmentin the Andhra Pradesh gazette and theword notified shall be construedaccordingly;(f) Prescribed means prescribed bythe Government by rules made under thisAct.]

4 (g) Public Safety Measures meansAccess Controls and Closed CircuitTelevision Surveillance at entry and exitpoints of the establishments and theirparking areas by installing;(i) Access Controls through Physicaland Technical means;(ii) Surveillance through Closed circuittelevision surveillance cameras with aprovision for storage of video footage for30 days;(iii) The technical equipments;adhering to the specifications notified bythe (1) Every owner/manager/person orthe persons who are running anestablishment shall, provide and maintainpublic Safety measures so as to ensuresafety and security of the Public visitingtheir providePublicSafetyMeasuresJULY 6, 2013] THE Andhra Pradesh gazette EXTRAORDINARY 7(2) Every owner/manager/person orthe persons who are running anestablishment shall save/store videofootage properly for a period of 30 daysand provide the same as and whenrequired by an Inspector of Police havingjurisdiction over the area or any otherauthority as may be notified by (1)

5 Every owner/manager/person orthe persons who are running anestablishment shall file periodical returnsin such manner and in such proforma asmay be prescribed, certifying that thePublic Safety Measures are provided,properly maintained and the relevantequipments are in working condition, oncein every six months, to the concernedInspector of Police having jurisdiction overthe area.(2) Every owner/manager/person orthe persons who are running anestablishment as on the date ofcommencement of this Act, shall,implement Public Safety measures withina period of six months from the date ofcommencement of this Act or before thenext date of renewal of license, whicheveris THE Andhra Pradesh gazette EXTRAORDINARY [PART IV-B5.]

6 The Inspector of Police havingjurisdiction over the area, may at anytime, without prior notice, enter into anyestablishment, inspect and check asregards the installation and functioningof the Public Safety measures and incase of any default or violation shall senda report to the Assistant Commissionerof Police (ACP) or as the case may bethe Sub Divisional Police Officer (SDPO)concerned having jurisdiction over (1) The Assistant Commissionerof Police (ACP) or as the case may bethe Sub Divisional Police Officer (SDPO)of the area concerned shall, on receiptof report from the concerned Inspectorof Police having jurisdiction over the areaunder section 5, issue a show causenotice to the owner/manager/person orthe persons who are running any suchestablishment, giving 15 days time forcompliance.

7 (2) An owner/manager/person or thepersons who are running any suchestablishment, on receipt of show causenotice issued under sub-section (1), failsto comply with the directions of notice,the concerned Assistant Commissionerof Police (ACP) or as the case may bethe Sub Divisional Police Officer (SDPO)may, levy a compounding fee on thePowers ofInspectorsof Police 6, 2013] THE Andhra Pradesh gazette EXTRAORDINARY 9owner/manager/person or the personswho are running such establishment, -(i) for the first month of default -Rs. 5,000/-(ii) for the second month of default- Rs. 10,000/-(3) In case of any failure on the partof the owner/manager/person or thepersons who are running any suchestablishment, to comply with thedirections, within a period of two months,the Inspector of Police having jurisdictionover the area shall, seal the premisestemporarily and send a report tolicensing authority concerned, throughthe Assistant Commissioner of Police(ACP) or as the case may be the SubDivisional Police Officer (SDPO) havingjurisdiction over the area:Provided that the religiousinstitutions of Endowments Departmentor any other religious place shall not besealed.

8 (4) The licensing authorityconcerned shall, on receipt of suchreport under sub-section (3), issue showcause notice to the owner/manager/person or the persons who are running10 THE Andhra Pradesh gazette EXTRAORDINARY [PART IV-Bany such establishment and initiateaction as per the provisions of lawgoverning the issuance of license.(7) No suit, prosecution or legalproceedings shall lie against anyauthority or officer for anything done ingood faith or intended to be done inpursuance of this Act or any rule or ordermade The provisions of this Act shallbe in addition to and not in derogationof provisions of any other law for the timebeing in force and nothing contained inthis Act, shall exempt any person fromany proceeding (whether by way ofinvestigation or otherwise), which mightapart from this Act, be instituted or takenagainst (1) The Government may, bynotification, make rules for carrying outall or any of the purposes of this Act.]

9 (2) Every rule made under this Actshall, immediately after it is made, be laidbefore the Legislature of the State, if itis in session and if it is not in session, inthe session immediately following for atotal period of fourteen days which maybe comprised in one session or in twosuccessive sessions and if, before theexpiration of the session in which it is soProtectionof actiontaken ingood tomakerulesJULY 6, 2013] THE Andhra Pradesh gazette EXTRAORDINARY 11laid or the session immediately followingthe Legislature of the State agrees inmaking any modification in the rule or inthe annulment of the rule, the rule shall,from the date on which the modificationor annulment is notified, have effect onlyin such modified form or shall standannulled as the case may be, sohowever, that any such modification orannulment shall be without prejudice tothe validity of anything previously doneunder that SANTHOSH REDDY,Secretary to Government,Legislative Affairs & Justice,Law Andhra Pradesh PublicSafety (Measures) EnforcementRules-201414 GOVERNMENT OF Andhra PRADESHABSTRACTRULES Police Department The Andhra Pradesh PublicSafety (Measures)

10 Enforcement Rules, 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -HOME ( ) 40Dt: Read the following:-1. The Andhra Pradesh Public Safety (Measures)Enforcement Act, 2013 (Act of 2013).2. Govt. Memo. (P) ,Dt: From the Director General of Police, , No. 29/G1/2013, Dt: 38, Home ( ) Dept.,dated: 00 O R D E R:In pursuance of the enactment of the AndhraPradesh Public Safety (Measures) Enforcement Act,2013 (Act of 2013), the Government after carefulexamination of the matter, have decided to issue theAndhra Pradesh Public Safety (Measures) EnforcementRules, Accordingly, the following notification will bepublished in the Andhra Pradesh gazette :-N O T I F I C A T I O NIn exercise of the powers conferred by sub-section (1) of section 9 of the Andhra Pradesh Public 15 Safety (Measures) Enforcement Act, 2013 (Act of2013), the Government of Andhra Pradesh hereby makethe following Rules:RULES1.