The Kerala Public Ways (Restriction of Assemblies and Processions) Act 2011

ACT 9 OF 2011
THE KERALA PUBLIC WAYS (RESTRICTION OF ASSEMBLIES AND
PROCESSIONS) ACT, 2011 *
An Act, to provide for the protection of public ways for unobstructed movement by the
public and for imposition of reasonable restrictions on the rights of any section
of  the  public  to  assemble  and  collectively  move  thereon  and  to  regulate
procession  through  public  ways  and  for  matters  connected  therewith  or
incidental thereto.
Preamble.—WHEREAS, it is expedient to provide for the protection of public
ways for unobstructed movement by the public;
AND WHEREAS, it is necessary to impose reasonable restrictions on the rights of
any section of the public to assemble or move collectively on any public way;
AND WHEREAS, it is necessary to regulate procession through public ways and
for matters connected therewith or incidental thereto;
BE it enacted in the Sixty-second year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Kerala
Public Ways (Restriction of Assemblies and Processions) Act, 2011.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) ‘carriage way’ means the portion of the public way which is intended
for the movement of vehicles or carriages of any type ;
(b) ‘footpath’ means any area comprised in a public way earmarked for
movement of pedestrian having a width of not less than one meter but not exceeding
three meters on either side of the public way, after leaving sufficient space for the
movement of vehicles;
(c) ‘licence’ means a licence issued under section 5;
(d)  ‘public  way’  includes  any  highway,  bridge,  causeway,  road,  lane,
footpath, square, courtyard, garden-path, channel or passage, accessible to the public,
which is not owned by a private person;
* Received the assent of the Governor on teh18th day of February,2011 and published in the Kerala Extraordinary 
Gazette No. 368 dated 18th Febraury, 2011.
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(e) ‘road-margin’ means the portion of the public way which extends
outwards on each side from the footpath towards the outer edge of the public
way.
(2) Words and expressions used and not defined in this Act, but defined
in the Indian Penal Code, 1860 (Central Act 45 of 1860) or in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974) or the Motor Vehicles Act,
1988 (Central Act 59 of 1988) or in the Kerala Police Act, 2011 (8 of 2011)
shall have the meanings, respectively, assigned to them in those Acts.
3. Rights of the public for movement on public ways .—On all public ways
the public shall have, subject to the laws governing the control of traffic and
safety  of  public,  the  right  to  unobstructed  movement  by  vehicles  along
carriageways and on foot along footpaths.
4. Prohibition of obstruction on public ways .—(1) No person shall cause
any  obstruction  by  conducting  any  business  or  meeting  or  assembly  or
procession or demonstration on any public way or part thereof.
(2) No meeting or assembly shall be conducted so as to obstruct any
portion of the carriageway or footpath.
(3)  No  demonstration  or  procession  shall  be  conducted  in  such  a
manner that the entire carriageway or free flow of traffic is fully obstructed.
5.  Regulation  of  conduct  of  festivals,  assemblies,  meetings  etc.—(1)
Notwithstanding anything contained in sections 3 and 4, the District Police
Chief  may  impose  reasonable  restrictions  on  the  right  of  unobstructed
movement of the public along public ways for a period not exceeding twenty
four hours in any particular area,  in all or any of the following instances,
namely:—
(a)  for  the  conduct  of  religious  or  national  festivals,  which  are
customary and have been established by tradition and for the conduct of such
festivals of social, cultural or public importance which are declared to be so by
the District Magistrate;
(b) for security of the State or individuals which in the opinion of the
District Police Chief necessitate such restrictions;
(c) for the conduct of public assemblies or meetings; and
(d) for the conduct of public demonstrations and processions.
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(2) In cases where a dispute arises as to whether a festival is traditional
or customary the authority empowered to impose such restrictions may decide
the matter having due regard to the facts and circumstances of each case.
(3) Any person, association, organization, trust or body which requires
the use of any portion of any public way for any purpose referred under sub-
section  (1),  shall  apply  to  the  District  Police  Chief  at  least  seven  days  in
advance for a licence for such use and furnish such details as may be specified
by the District Police Chief and on remitting such fee as may be specified by
the Government by general or special order:
Provided that no fee shall be levied for matters referred to in clauses (a)
and (b) of sub-section (1):
Provided further that the District Police Chief may entertain an application
in relaxation of the time limit specified under sub-section (3) for sufficient and
genuine reasons.
(4) (a) On receipt of an application under sub-section (3) the District
Police  Chief  shall,  after  due  consideration  of  the  same,  publish  a  notice
regarding the nature, duration and other details of the restrictions imposed on
the right of the public for unobstructed movement at any location or locality;
(b) All notices under clause (a) shall specify alternative routes or
facilities available to the public for the duration of the obstruction and it shall
be the duty of the District Police Chief to deploy such police strength in the
area, free of cost or partly or fully at the cost of the licensees as may be decided
by the District Police Chief having regard to the public importance of the event
and subject to such guidelines as may be issued by Government from time to
time for maintaining public order, catering to emergencies and mitigating the
difficulties to the public;
(c) The District Police Chief shall issue a licence to the person,
association, organization, trust or body which have applied for use of the public
way,  imposing  such  conditions  in  the  licence,  as  he  may  deem  just  and
reasonable.
(5)  Notwithstanding  anything  contained  in  this  section,  the  District
Police Chief shall not permit any erection of any structure either of a permanent
or temporary nature on any public way unless it is allowed in writing by the
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appropriate  authority  of  the  department  in  charge  of  the  upkeep  and
maintenance of the particular public way.
(6)  The  fees  levied  under  this  Act,  after  deducting  the  cost  of
deployment of police  personnel,  if  any, shall be  deposited  in  the Criminal
Justice  Miscellaneous  Expenses  Fund  maintained  under  section  127  of  the
Kerala Police Act, 2011 (8 of 2011).
(7) Nothing in this section shall be deemed to compel the District Police
Chief to permit any demonstration or procession or assembly or meeting or
festival,  where  he  is  satisfied  that  for  considerations  of  public  safety,
convenience or security, such activity cannot be allowed.
(8) The District Police Chief may extend the duration of restrictions
imposed  under  sub-section  (1)  to  fifteen  days  with  the  concurrence  of  the
District Magistrate and for a period more than fifteen days with the concurrence
of the Government.
6. Punishment for offences .—(1) Any person who causes any obstruction
on any public way otherwise than permitted under a licence issued under this
Act or any person who abets or involves in such activity or any person who
carries on any  activity  in violation of  the  conditions of  a  licence  shall  on
conviction be punishable with imprisonment for a term which may extend to
one year and with fine proportionate to damage and inconvenience caused by
such obstruction or with both.
(2) All offences under this Act shall be cognizable and bailable.
(3) An offence under this Act shall be compoundable by a Judicial
Magistrate having jurisdiction to try the offence.
7. Exemption.—Nothing in this Act shall apply to a funeral procession
or any action undertaken by the public or any member or group thereof in good
faith to prevent danger arising from any natural or man made calamity, disaster
or accident.
8.  Delegation  of  powers.—The  District  Police  Chief  may, with  the
approval of the Government, delegate any of his powers under this Act to an
officer  not  below  the  rank  of  Sub-Divisional  Police  Officer  within  his
jurisdiction.
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9. Power to make rules.—(1) The Government may, by notification in
the gazette make rules not inconsistent with the provisions of this Act to carry
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers,  such  rules  may  provide  for  all  or  any  of  the  following  matters,
namely:—
(a)  all  matters  expressly  required  or  allowed  by  this  Act  to  be
prescribed ;and
(b) all other matters which are or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be,
after it is made, before the Legislative Assembly while it is in session for a total
period of fourteen days which may fall in one session or in two successive
sessions and if before the expiry of the session in which it is so laid or the
session  immediately  following,  the  Legislative  Assembly  makes  any
modification in the rule or decides that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the
case may be, so however, any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
10.  Power to remove difficulties .—(1) If any difficulty arises in giving
effect to the provisions of this Act, Government may by order do anything not
inconsistent with the provisions of this Act which appears to them necessary for
the purpose of removing the difficulty:
Provided that no such order shall he made after the expiration of two years
from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be after it is issued, before the Legislative Assembly.

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