The Odisha Fire-Works and Loud Speakers (Regulation) Act, 1958

 
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The Orissa Fire-Works and Loud Speakers (Regulation) Act, 1958 
 
Act 30 of 1958 
 
 
 
 
 
 
 
 
Keyword(s): 
Explosive Fire-Works, Loud Speaker 
 
Amendment appended: 13 of 1996
 
'[THE ORLSSA FIREWORKS AND LOUD 
SPEAKERS (REGULATION) ACT, 19581 
[Received the assent of the Governor on the 12th 
November, 1958 first published in an extra- 
ordinary isme of the Orissa Gazette, dated 
the 19th November, 19581 
AN ACT', TO PROVIDE FOR REGULATING DISPLAY -.OF 
EXPLOSIVE FIRE-WORKS AND TfIB USE AND PLAY 
OF LOUD BPEARBRS IN THB STATB OF ,ORISSA 
WHEREAS it is expedient b regulak the display ,of 
eqp1oeive &-works and the use and play of loud 
speaker8 in the Stak of Orissa; 
It is hereby enacted by the Legislature of the 
Stak of Orissa in the Ninth Year of the ~epublic of 
India as follows:- 
Shoil fjtia. 
1. (1) This A& may be called the Orissa Fire- =tat md 
Works and Loud Speakers (Regulation) Act, 195% 
@- 
(2) It extends to the whole of the State of 
Orissa. 
' (3) It shall apply at once to tho Municipalities 
and Notified Areas constitukd under the. Orissa 
~tt Munidpd Act, 1950 and the State Government may, 
23 or1950* from time to time by notification, apply the same to 
any other local area as they-deem fit. 
Mnitims 2. In this Act, unless there is anything repugnant 
in the subject or cotnext,- 
(i) "explosive fke-works" mean8 fire-works which 
-lode wth a loud noise and -jncludes rockets, 
squibbs, crakers and such other devices which cause a 
loud, noise; 
jii) "loud epeaker" means an instrument h 
augment sounb, vocal, instrumental or remrded; and 
(3) "prescribed" means preicribed by rules made 
under t-his Act. 
I 
- - -- -, 
1. For Ststerncnt of Objets end Ruuons, See On'sa Catcttu, Extra- 
ordinary, datd the 19th August, I958 (No. 339). 
46 ORISSA FIRE-WORKS AND LOUD SPEAKERS [Or, ACC 
(REGULATION) ACT, 1958 
Rtstrictioos 3. -No person shali display any explosive fire- 
=gainst dis- works or use and play a loud speaker- 
play of 
uplosivc . . 
fire-work# (a) within. such distance from a hospital, a Court 
;;yt4f:Igj House and an educational institution as my be 
spasken. prscribed; or 
(b) at any place or in any processios. beween the 
hours of 11 P.M. and 5 A.M, without the permission in 
writing of the prescribed authority. 
Pawar to 
phi bi t 
'[%A. Notwithstanding anything contained in 
diqhyof this Act, the District Megistrate or any other person 
cxplosive aut horised by the State Government in that behalf &-works andmew* may, on being satisfied that in his opinion it is . 
~~~~of~d necessary in the public interest so to do, by'an order 
rpda. in writing recordrng reasons therefor, prohibit the 
display of any expIosive be-works or the use and play 
' 
of Ioud speakers, in any pi ace and at any time,] , 
4. (1) Any application for ermission referred to 
*ppficUion for in clause @) of section 3 sb & be made to the 
permimion. prescribed authority in such form as may be preacri- 
bed and shall bear a court-fee stamp of one rupee. 
(2) The pfecribed authority may, for reasoas 
to be recorded in writing, grant or reject the appli- 
cation and id granting such application . may impose 
any restriction or condition subject to which the 
applicant may. display fiework Or use and play a 
Ioud speaker. , 
(3) In granting or rejecting an application or 
imposing any restriction or condition thereto, the 
rescribed autho$y shaU hava due regard to the 
f0110wing circumstaa~es, namely: - 
(a) the purpose or occasion, religious, cere- 
monial or otherwise in relation to which the appli- 
cation is made ; 
(b.) the nature and duration of suchdisplay or 
of such use and play; 
(c) the locality where such display or such use 
and play is proposed; and - 
(d) the nuniber of applicants on any one date 
as respyts any one locality. 
I. Tnsertod by the Orissa Fire-works and Laudspaken (Rsgulation) 
a-t kt, 1979 (Or. Aa 4 of 1979)s 8. 2. 
5.. Any person who contravenes any of the kna,ly 
provls!ons of:!his Act shall, on conviction, be liable 
to be punished with imprisonment which may extend 
toi[six nibnths] or with fine which may extend to21five 
hundred-mpws] or with both. 
[ij* NO Magistrate shall takecognizance of any wisanca 
offence under this Act except upon a report in $,~~~~~ 
writing made in that behalf by a Police Officer oron a AC~. 
complaint filed before him by any aggrieved person: 
Provided that nothing contained in this sec!ion 
sd1898 shall affect the provisions of the Code of Crirmnal 
Procedure, 1898, in regard to the powers of certain 
Magistrates to take cognisance of offence upon their 
own knowledge. 
7. (1) Any Pollice Officer, not being below thc power of 
rank of Assistant Sub-Inspector of Police, who detects ~~li~~~mr 
a person contravening the provision of clause (u) of ofbders io 
! 
ertaio wser 
emion 3, rnay arrest such person Gthout warrant. i 
\ 
(2) An offence indcr thia Act shall be bailable. i ~ 
8. The State Government may, subject to the Power to 
previous publication make rules for carrying out the makc rulco. 
of this Act. 
-- 
I. Substituted by the Or isss ~ire-works aid, Louds peaaker 
+ 
(Regulation) Amendment Act, 1979 (Or. Act 4 of 1979). s.'3 (a). 
-, 
1. Substituted by !bid., r 3. (6) 
3- Substituted by ibid, s. 4. 
3THE ORISSA PI RE-WOW AND LOUD SPEAKERS (RFGUL ATION) 
AMENDMENT ACT, 1996 
[Received the rrssent of the Preside~lt 011 the 29th Noaet~~ber 1996, Jrst prrbIis11ed ir~ at1 extraordinary ime 
of the Orissa Gazette. dared ihe 27ih Decernbei 19961 
AN ACT FURTHER TO AmND T%E ORISSA FIRE-WORKS AND LOUD SPEAKERS 
(REGULATION) ncr, 1958. 
BB it enacted by tl~e Legisl~ture ol. the Stare of Odrsa in the For ty-seventh Year , 
of tbc Republic of India. as follows:- 
Short titic 1. (1) Tjis Act may be called the Orha Fire-tl'orks and Laud Speakers (Regulation) 
and cam- Amendment Act, 1996. 
I mcacerneut. 
(2) It shall come jato, force on suchdate as the State Governmcnt may, by 
notification, appoint. 
> Amcndme~t 2. In the Orissa Fis-works, and Loud Speakers (Regulation) Act, 1958, for Orka An 
o C section 7. section 7, the following section shall be substituted, name1 y :- 30 ot 1958. 
"7. (1) Any Police Officer not bclow the rank of Assistant Sub-Inspector of 
, Police, who detects a perscn displafine any explosive fire-works or using and playing a. loud speaker in contravention of any of the provisione of 
swtion 3 or section 3-A, may- 
(i) arrest.such person wi tbout warrant; and 
(ii) seize the explasive fireworks round with, or in the custody, of, the 
person ko displaying or, as thc case may be, the loud speaker including 
its accessories so used and ptayed. 
(2) The provisions of the Code of Criminal Procedure,, 1973 shall apply to every 2 1974 seizure made undcr subsection (1). 
(3) An offence under this Act shell be bailable?. 
For bill, Sea Orisso Gazerre, ExtraordioarY, dated the 2nd July 1996 (No. 675) 

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