Rule, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

GOVERNMENT OF KARNATAKA

No:HD 426 SST 2017 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, dated: 28.06.2018.

NOTIFICATION

Whereas the draft of the Karnataka Public Safety (Measures) Enforcement Rules, 2018 was published as required by sub-section (1) section 10 of the Karnataka Public Safety (Measures) Enforcement Act, 2017 (Karnataka Act 44 of 2017) in Notification No. HD 426 SST 2017, dated 27.02.2018 in part-IV-A of the Karnataka Gazette (Extra-ordinary) No. 320 dated 27.02.2018 inviting objections and suggestions from all persons likely to be affected thereby within fifteen days from the date of its publication in the Official Gazette.

And whereas the said Gazette was made available to public on And whereas no objections or suggestions were received in respect of the said draft by the State Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) section 10 of the Karnataka Public Safety (Measures) Enforcement Act, 2017 (Karnataka Act 44 of 2017), the Government of Karnataka hereby makes the following rules, namely:-

RULES

1. Title and commencement.- (1) These rules may be called the Karnataka Public Safety (Measures) Enforcement Rules, 2018.

(2) They shall come into force from the date of their final publication in the Official Gazette.

2. Definitions.- (1) In these rules, unless the context otherwise requires,-

(a) “Act” means the Karnataka Public Safety (Measures) Enforcement Act, 2017 (Karnataka Act No 44 of 2017);

(b) “Annexure” means Annexure appended to these rules;

(i) Group of owners of various shops or commercial places in any commercial establishment where such premises is given for lease or owned by them, and;

(ii) Group of individual shops and establishments concentrated in a particular area giving scope for more congregations at any given point of time (Area Shops and Establishment Associations);

(d) “Assistant Commissioner of Police (ACP) or Sub Divisional Police Officer (SDPO)” means, as the case may be having jurisdiction over the area;

(e) “Form” means a form appended to these rules;

(f) “Inspector” means Inspector of Police having jurisdiction over the area;

(g) "License" means a valid permission or license to build or run an establishment obtained under the Karnataka Municipalities Act, 1965 or the Karnataka Cinemas (Regulation) Act, 1964 or Factories Act, 1948 or the Karnataka Education Act, 1983 or any other Act or the rules made under the relevant Acts for this purpose;

(h) "Licensing Authority" means an authority competent to issue license to build or run an establishment under the Karnataka Municipalities Act, 1976, or the Karnataka Cinemas (Regulation) Act, 1964 or Factories Act, 1948 or the Karnataka Education Act, 1983 or an authority competent to issue permission or license for running an establishment;

(i) “Sectoral Committee” means, a committee formed in accordance with the provisions of rule 3;

(j) “Supervisory Committee” means, a committee formed in accordance with the provisions of rule 8;

(2) The words and expressions used but not defined in these rules, shall have the same meaning respectively assigned to them in the Act;

3. Sectoral Committee.- (1) The Commercial Establishments or Group of Establishments of a locality may form a Sectoral Committee consisting of representatives from the owners of such commercial establishments or group of establishments in their locality to aid and assist the supervisory committee in the implementation of the Public Safety Measures.

(2) The formation of such committee shall be informed to the Assistant Commissioner of Police (ACP) or Sub Divisional Police Officer (SDPO) through the Inspector of Police having jurisdiction over the area.

4. Every establishment or association shall provide equipment of minimum technical specifications for Access Control and Surveillance Devices (CC TVs) as under.-

(i) Access Control devices:

Sl.

No.

Technical Specifications

(1) Door Frame Metal Detector Checkmate (DFMDC)

(2) Hand Held Metal Detector (HHMD)

(3) Vehicle Bottom Search Mirror (For the establishments specified by the Supervisory Committee)

(4) Baggage Scanner (For the establishments specified by the Supervisory Committee)

(5) Sniffer Dogs (For the establishments specified by the Supervisory Committee)

(6) Any other equipment or measure suggested by the Supervisory Committee.

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No.

Minimum Technical Specifications

(1) Resolution Full HD 1920 X 1080 or higher

(2) Minimum Illumination 0.01 Lux or higher

(3) Lens Focal length 3.6 mm or higher

(4) Distance to be covered IR LED (In Built IR ) – 50 yards or higher

(5) Platform Video Format Open Network Video Interface Format (ONVIF) Compliant or Equivalent (H.264 Compression)

(6) Required Storage Capacity (N.V.R) Minimum 30 days

(7) Any other equipment or measure suggested by the Supervisory Committee.

(iii) Every establishment or association shall keep one of the employees or a person from outsourcing agency having trained to operate Electronic Devices like Access control and CCTV Cameras.

(iv) Every establishment or association shall bear the cost of providing Public Safety Measures.

(v) Cameras shall run 24 x 7 even when the establishment is closed.

(vi) The cameras shall be in such a way that it should cover the approach areas at the entry and exit points of establishments and also entry and exit points of parking lots of the establishment up to a distance of fifty yards.

(vii) It shall have thirty days storage facility.

(viii) Commissioner of Police in the Commissionerate and Superintendents of Police in the District Police Units shall develop a special wing with personnel who are having knowledge and expertise in the subject of functioning of electronic devices like Access Control and CCTV Devices.

5. Liability for filing periodical returns.- (1) Every owner or Manager or Person or the Persons or Association who are running an establishment shall file periodical returns in such manner certifying that the Public Safety Measures are provided, properly maintained and the relevant equipments in Form No.15 either electronic form or physically, appended to the rules to the Inspector of Police having jurisdiction once in three months.

(2) Every Owner or Manager or Person or the Persons or Association who are running an establishment shall enclose renewal of license along with application Form No.16, while applying before the Competent Licensing Authority.

6. Functions of the Inspector of Police:- (1) The Inspector of Police shall maintain a register of Establishments identified in his jurisdiction under these rules as specified in Form No. 2.

(2) The Inspector of police shall inspect ten percent at random the establishments within the area of jurisdiction, in each quarter and submit Inspection report in Form No. 3, to the Assistant Commissioner of Police or Sub Divisional Police Officer as the case may be, wherever non compliance is noticed report in Form No. 4.

(3) The Inspector of Police shall take assistance of the special wing constituted in this behalf at the time of inspection.

(4) In case of any failure on the part of the Owner or Manager or Person or the Persons or Association who are running any such establishment, to comply with the directions, within a period of two months from the date of levying of the 2nd month compounding fee, the Inspector of Police having jurisdiction over the area shall send a report to the Supervisory Committee through Assistant Commissioner of Police or Sub Divisional Police Officer concerned in Form No. 10.

(5) The Inspector of Police having jurisdiction over the area of establishment shall seal the premises temporarily in Form No. 13 on receipt of the orders from Supervisory Committee in Form No. 12.

(6) The Inspector of Police, at the time of sealing the establishment shall give time of 24 hours for necessary disposal of perishable goods found at the establishment.

(7) The Inspector of Police shall send a report about sealing of establishment to the licensing authority concerned through Assistant Commissioner of Police or the Sub Divisional Police Officer as the case may be having jurisdiction over the area in Form No.14.

7. Functions of the Assistant Commissioner of Police or Sub Divisional Police Officer.- (1) The Assistant Commissioner of Police or Sub Divisional Police Officer as the case may be having jurisdiction over the area under section 6, issue a show cause notice as in Form No. 5 appended to these rules to the Owner or Manager or Person or Association who are running any such establishment giving fifteen days time for compliance on receipt of a report from the Inspector of Police regarding non compliance.

(2) An Owner or Manager or Person or Association who are running any such establishment, on receipt of show cause notice issued under sub-rule (1), fails to comply with the directions of notice, the concerned Assistant Commissioner of Police or Sub Divisional Police Officer as the case may be, levy a compounding fee on the owner or manager or person or the persons or association who are running such establishment.

(a) For the first month of default - Rs. 5,000/ - (in Form No.7)

(b) For the second month of default - Rs. 10,000/- (in Form No. 8)

(3) The Assistant Commissioner of Police or Sub Divisional Police Officer having jurisdiction over the area shall maintain register of show cause notice or compounding fee in Form No. 6.

(4) The Assistant Commissioner of Police or Sub Divisional Police Officer having jurisdiction over the area shall issue receipt for compounding fee as specified in Form No. 9.

(5) The Assistant Commissioner of Police or Sub Divisional Police Officer having jurisdiction over the area on receipt of report of the Inspector of Police as specified in sub-rule (4) of rule 6 shall place that report before the Supervisory Committee.

(6) The Assistant Commissioner of Police or Sub Divisional Police Officer having jurisdiction over the area shall forward the report of the Inspector of Police having sealed the establishment to the licensing authority.

(7) The compounding fee collected shall be deposited in the relevant Head of Account as may be notified by the Government.

8. Supervisory Committee.- (1) The Supervisory Committee in Police Commissionerate shall be constituted by Jurisdictional Commissioner of Police in their respective cities. The jurisdiction of the Committees so constituted shall be a sub-division and this jurisdiction shall be coterminous with the jurisdiction of Assistant Commissioner of Police in the Police Commissionerates and Sub Divisional Police Officer in the districts.

(2) The Supervisory Committee consisting of a representative each from Municipal Corporation or Municipality, Revenue Department and Police Department. The representatives shall be of the following cadre, namely:-

(i) Zonal Commissioner or Municipal Commissioner, as the case may be, having jurisdiction shall nominate an officer not below the rank of Assistant City Planner of Bruhat Bengaluru Mahanagara Palike or City Planning Officer in respect of Corporations like Mysore, Hubballi - Dharwad, etc or Town Planning Officer or Town Planning Supervisor in respect of Other Municipalities;

(ii) Revenue Divisional Officer having jurisdiction shall nominate an officer not below the rank of Assistant Revenue Officer;

(iii) Assistant Commissioner of Police or Sub Divisional Police Officer, as the case may be, having jurisdiction over the area;

(iv) Assistant Commissioner of Police or Sub Divisional Police Officer, as the case may be, having jurisdiction shall be the Convener of the Supervisory Committee.

9. The functions of Supervisory Committee.- (1) The Committee shall identify an establishment under the Act and maintain the same as specified in Form No. 1;

(2) The Supervisory Committee shall on receipt of the report of the Inspector of Police, forwarded through Assistant Commissioner Of Police or SUB DIVISIONAL POLICE OFFICER having jurisdiction of the area in Form No.10 that the establishment has failed to comply with the rules even after levying 2nd month compounding fee, shall issue show cause notice in Form No.11, appended to these rules for sealing the establishment for non compliance;

(3) The Supervisory Committee may visit the establishment, if necessary;

(4) The Supervisory Committee shall pass the sealing order in Form No.12, within seven days from the date of the receipt of explanation for the show cause notice;

(5) Supervisory Committee shall take the assistance of the Sectoral Committee in the effective implementation of Public Safety Measures.

10. The functions of the Licensing Authority.- (1) The Licensing Authority while issuing a license shall make it binding on the establishment for compulsory implementation of public safety measures.

(2) The Licensing Authority shall, at the time of renewal of license, ensure that the establishment is implementing the public safety measures without any violation.

(3) On receipt of report from Assistant Commissioner of Police or SUB DIVISIONAL POLICE OFFICER having jurisdiction regarding temporary sealing of the premises, the licensing authority shall issue show cause notice to the owner or manager or person or the persons or association who are running any such establishment and initiate action as per the provisions governing the issuance of license.

By Order and in the name of The Governor of Karnataka, (K.PADMINI DEVI) Under Secretary to Government, Home Department, (Law & Order) e-mail: ulso-home@karnataka.gov.in The Compiler, Karnataka Gazette Bangalore for publication in the Extraordinary Gazette and to supply 500 copies to this Department. To:

1. The Chief Secretary to Government.

2. All Additional Chief Secretary / Principal Secretary & Secretary of the Departments, Vidhana Soudha/Vikasa Soudha & M.S. Building.

3. The Director General and Inspector General of Police, Karnataka, Bangalore.

4. Advocate General, Hon’ble High Court of Karnataka

5. All Director General of Police / All Additional Directors General of Police, Intelligence / Fire Force & Emergency Services / Internal Security Division / Prisons / Recruitment and Training / Law & Order / Crimes / Criminal Investigation Department / Administration / Lokayukta, Anti Corruption Bureau.

6. All Range Inspectors General of Police in Karnataka

7. All Deputy Commissioner and District Magistrates / Commissioners of Police / Superintendents of Police.

1. PS to Principal Secretary to Hon’ble Chief Minister Copy to:

2. PS to Hon’ble Minister for Home

3. PS to Hon’ble Minister for Law, Justice and Human Rights and Parliamentary Affairs & Legislation and Animal Husbandry.

4. Senior PS to Additional Chief Secretary to the Government, Home Department

5. PS to Principal Secretary(PCAS) to the Government, Home Department

6. PA to Deputy Secretary to Government, Law & Order / Police Services / Crimes / PAS and Co-ordination.

7. Spare Copies.

Form No. 1 (see sub-rule (1) of rule 9) Form for Identification of an Establishments under Karnataka Public Safety (Measures) Enforcement Act, 2017- The Karnataka Public Safety (Measures) Enforcement Rules, 2018 Establishment Code:

(1) Name of the Establishment

(2) Complete Address Land Line Mobile No Email ID.

(3) Nearest Landmark

(4) Name and address of owner or Manager or person or persons or Association running Establishment with Mobile No Type of Establishment viz., nature of business

(6) Municipal Licence No and any other departmental licences if any Licence No Valid up to

(7) Subsequent renewals Renewal Licence No Valid Up to Whether the entire building utilized by Establishment owner / Group of owners

(9) If it is tenancy, the details of owner or builder or Any apartment i ti ?

(10) (i) No of entry points to the building or premises

(ii) No of exit points to the building or premises

(11) a) Nearest Parking slots and distance from the Establishment Average no of two wheelers parked Average no of four wheelers parked

(12) Nearest sub road or main road

(13) Other Establishments in and around the Establishment

(i) Whether any private security agency is available.

(ii) If so, the name and address of Agency.

(iii) Whether the Security guards are trained or not?

(15) No of visitors to the establishment at any given point of time

(16) What is the likely gathering in and around radius of 50 yards?

(17) Vulnerability of the Establishment to incidents.

(18) Threat Perception

(19) Previous incidents occurred in this area. If yes, the complete details and extent of damage to properties and lives.

Up to which radius the surveillance is required.

(21) If so, nature of access control gadgets suggested.

(22) Nature of surveillance gadgets suggested

(23) Name of the police station having jurisdiction

(24) Telephone Number of Police Station / Station House officer Sub Divisional Police officer / Asst Commissioner of Police having jurisdiction

(26) Telephone /Mobile No of Asst. Commissioner of Police / Sub Divisional Police Officer In the light of the above, the Establishment is hereby declared as identified establishment under this Act.

MEMBER NO.1 MEMBER NO.2 MEMBER NO.3

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 2 (see sub-rule (1) of rule 6) Register of identified Establishments under KARNATAKA. Public Safety (Measures) Enforcement Act, 2017 - The KARNATAKA. Public Safety (Measures) Enforcement Rules, 2018 Establishment Code:

(1) Name of the Establishment Complete Address and Line Mobile No E.mail ID.

(3) Nearest Landmark

(4) Name and address of owner with Mobile No

(5) Name and address of owner / or the persons/Association of

(6) Type of Establishment viz., nature of business

(7) Municipal Licence No. or any other Departmental licences if any Licence No. Valid upto

(8) Subsequent renewals Renewal Licence No. Valid upto

(9) Whether periodical return submitted.

Date of Submission upto date:

(10) Whether the entire building utilized by Establishment owner or Group of owners or tenant or tenants.

(11) If it is tenancy, the details of owner or builder or Association.

(12) No of entry points to the building or premises

(13) No of exit points to building or premises

(14) Type of Access control installed?

(15) Whether Electronic Devices installed by owner of the establishment or association or builder.

(16) Type of Surveillance control installed by Establishment.

Whether the security gadgets are in working condition covering the area / radius / parking slots as specified in the Act.

Nearest Parking slots and distance from the Establishment

(19) Total No of visitors to the establishment an average a) Per day b) What is the total gathering at

(20) What is the likely gathering in and around radius of 50 yards?

(21) Vulnerability of the Esta- blishment for terror attacks.

Threat Perception

(23) Previous incidents occurred in this area. If yes, the complete details and extent of damage to properties Dates of inspection Report to Asst. Commi- ssioner of Police / Sub Divisional Police Officer f li Date

(26) First month compounding fee levied for non compliance.

Order No. Date:

Challan / Receipt No.

(27) Second month compounding fee levied for non Order No. Date:

Challan / Receipt No.

Show cause notice by committee for non compliance No.

Date:

(29) Order for sealing Order No.

Date:

(30) Report to licensing authority after sealing

(31) Restoration order from licensing authority

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 3 (see sub-rule (2) of rule 6) Inspection Report (TO BE PREPARED IN TRIPLICATE) Establishment Code:

Name of Inspecting Officer:

Date of Inspection:

Date of last Inspection:

(1) Name of the Establishment

(2) Complete Address Land Line Mobile No E- mail ID.

(3) Nearest Landmark

(4) Name and address of owner / Manager / person /persons / Asso- ciation present at the time of inspection with Mobile No

(5) Type of Establishment

(6) Municipal Licence No.

or any other licence No.

Licence No.

Valid upto

(7) Renewal Licence Licence No.

Valid upto

(8) Whether periodical return submitted by Establishment owner / manager / person / persons / Association Date of Last Return submitted:

(9) Types of Access gadgets (1) DFMD (3)Vehicle Bottom Search Mirror (as required)

(4) Baggage scanner (as required)

(5) Sniffer Dog (as required) (1)No. of cameras installed.

(2) Type of cameras

(3) Storage capacity

(4) PIXELS Per Camera

(11) Provision for data transfer available or not.

(12) Access control installed (1) Whether they are in working condition.

(2) Whether the checking is properly carried out or not.

(3) Whether any casual approach noticed.

(13) Surveillance control installed (1) Whether it is in working condition.

(2) Whether it is working round the clock all the days.

(3) Whether it is covering approach areas to the entry and exit upto a distance of 50 yards

(4) Quality of Image

(5) Back up stored for 30 days or not.

(14) Whether maintenance of Security gadgets is satisfactory.

(15) Anything important noticed earlier and informed to police. The improvements made to tide over such situations.

(16) Anything suspicious noticed and the remedial actions initiated.

(17) Suggestions for improvement / Remarks of Inspecting officer Signature of Signature of Technical Person or the persons / Association of Establishment Signature of Inspecting Officer (Having jurisdiction over the area)

1. One copy to be sent to Asst. Commissioner of Police / Sub Divisional Police Officer One copy to the Owner / Manager / person or the persons / association of Establishment

2. One copy office copy.

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 4 (see sub-rule (2) of rule 6) Form Of Report To Assistant Commissioner Of Police / Sub Divisional Police Officer GOVERNMENT OF KARNATAKA (POLICE DEPARTMENT) Office of the Inspector of Police Police Station / Circle No. Dt:

To The Asst. Commissioner of Police / Sub Divisional Police Officer, DIVISION Sir, Sub:- The Karnataka Public Safety (Measures) Enforcement Act, 2017 – Inspection Of Establishment– Submission Of Report – Reg. I submit that on ………………… I along with the …………………….

Inspected M/s ………………………………….. (Est. Code No……………….) I noticed the following violations by the owner / Manager / person / persons / association of the Establishment.

2. Therefore, in spite of the fact that as owner / Manager / person or the persons / Association of Establishment, they are supposed to maintain the above safety measures, violated Sec.3 of the above Act. Hence, I request that necessary action may be taken against the owner / Manager / person or the persons /association of the Establishment under the relevant provisions of the Act as non compliance is likely to endanger the public safety and security. Copy of inspection report is enclosed for favour of kind perusal. Yours faithfully,

INSPECTOR OF POLICE,

(Having jurisdiction over the area)

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 5 (see sub-rule (1) of rule 7) Form of Show Cause Notice under Karnataka Public Safety (Measures) Enforcement Act, 2016-The Karnataka Public Safety (Measures) Enforcement Rules, 2018

GOVERNMENT OF KARNATAKA (POLICE DEPARTMENT)

Office of the Asst. Commissioner of Police /Sub Divisional Police Officer … Division No. Dt:

To The owner / Manager / Person or the Persons / Association …. Establishment name Sir, Sub: Show Cause Notice U/S Sec.6 (1) of The Karnataka. Public Safety (Measures) Enforcement Act 2017 for Non Compliance Of The Rules – Reg.

Whereas, your establishment has been identified as Establishment under Karnataka Public Safety (Measures) Enforcement Act,

2. Whereas, you are duty bound to install safety and security gadgets as enumerated in the said Act;

3. Whereas, the Inspector of Police ……………….. inspected your Establishment on ………………….. and found the following violations;

4. Whereas, in spite of the fact that as owner / Manager / person or the persons / Association notified under the above Rules, you are supposed to maintain the security and safety measures, but you were found violated Sec.3 of the above Act;

5. Therefore in exercise of powers conferred on me under Sec.6 (1) of the Act/rules, show cause as to why suitable action under the above Act / Rules should not be taken against you for non compliance. Your compliance report should reach this office within (15 days) failing which suitable action will be initiated under the said Act/Rules.

Acknowledge receipt of the notice.

Asst Commissioner of Police / Sub Divisional Police officer (Having jurisdiction over the area) Copy to Inspector of Police…………………………….. : He will serve the original on the owner / Manager / Person or the persons / Association and forward acknowledged copy to this office.

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 6 (see sub-rule (3) of rule 7) Register Of Show Cause Notice / Compounding Fee Under Karnataka. Public Safety (Measures) Enforcement Act, 2017 - The Karnataka Public Safety (Measures) Enforcement Rules, 2018 (To be maintained by Assistant Commissioner of Police / Sub Divisional Police Officer) Establishment Code:

(1) Name of the Establishment

(2) Complete Address Land Line Mobile No Email ID.

(3) Nearest Landmark

(4) Name and address of owner with Mobile No

(5) Name and address of Manager with Mobile No

(6) Type of Establishment

(7) Jurisdiction of the Police Station

(8) (i) Establishment inspected by

(iii) Violations noticed

(9) (1) Show cause notice issued on

(2) Show cause notice served on

(3) Whether complied or not.

(10) First month compounding fee levied on Order No.

Dated:

Challan receipt No.

(11) Second month compounding fee levied on Order No.

Dated:

Challan receipt No.

Dated:

(12) Notice for sealing establishment Final order of sealing

(14) Sealing of Establishment

(15) Restoration of Establishment

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 7 (see sub-rule (2)(a) of rule 7) Format For Levying Of First Month Compounding Fee Under Karnataka. Public Safety (Measures) Enforcement Act, 2017 - The Karnataka. Public Safety (Measures) Enforcement Rules, 2018

GOVERNMENT OF KARNATAKA

(POLICE DEPARTMENT) Office of the Asst. Commissioner of Police / Sub Divisional Police Officer … Division No. Dt:

To The owner / Manager / Person or the Persons / Association …. Establishment name Sir, Sub: The Karnataka. Public Safety (Measures) Enforcement Act 2017 – Inspection Of Establishment – Non Compliance Of The Act/ Rules – Levying Of First Month Compounding Fee – Orders Issued – Reg.

Ref: - 1. Show cause notice No. ……………….

Dated …………………

2. Show cause notice acknowledge-ment dated Whereas, your establishment has been identified as Establishment under Karnataka Public Safety (Measures) Enforcement Act,

2. Whereas, you are duty bound to install safety and security gadgets as enumerated in the said Act;

3. Whereas, the Inspector of Police ……………….. Inspected your Establishment on ………………….. and found the following violations;

4. Whereas, you were issued with a show cause notice and inspite of the same, you have not complied with the same;

5. Therefore, in exercise of the powers conferred on me under section 6(2)(i) read with rule 8(ii) of the above Act/Rules, I hereby levy a compounding fee of Rs.5,000/- (Rupees five thousand only) for the non compliance of the above act/ rules for the first month. You shall forthwith pay the compounding fee and submit the challan to this office.

Asst Commissioner of Police / Sub Divisional Police officer (Having jurisdiction over the area) Copy to Inspector police…………………………………………..

: He will serve the original on the owner / manager person or the persons association and forward acknowledged copy to this office and also Challan for having paid the compounding fee.

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded :: By Order// Section Officer Form No. 8 (see sub-rule (2)(b) of rule 7) For Levying of Second Month Compounding Fee under Karnataka. Public Safety (Measures) Enforcement Act, 2017-The Karnataka. Public Safety (Measures) Enforcement Rules, 2018

GOVERNMENT OF KARNATAKA

(POLICE DEPARTMENT) Office of the Asst. Commissioner of Police / Sub Divisional Police Officer … Division No. Dt:

To The owner / Manager / Person or the Persons / Association …. Establishment name Sir, Sub: The Karnataka Public Safety (Measures) Enforcement Act 2017 - Inspection of Establishment – Non compliance of the Act / Rules – Levy of 2nd compounding fee– Orders issued – Reg.

Ref:- 1. Show cause notice No. ……………….

Dated …………………

2. Show cause notice acknowledgement dated

3. First compounding Fee order dated

4. Receipt dated ………………….

Whereas, your establishment has been identified as Establishment under Karnataka Public Safety (Measures) Enforcement Act,

2. Whereas, you are duty bound to install safety and security gadgets as enumerated in the said Act;

3. Whereas, the Inspector of Police ……………….. inspected your Establishment on ………………….. and found the following violations;

4. Whereas, you were issued with a show cause notice and inspite of the same, you have not complied with the same. Whereas you were also imposed compounding fee of Rs.5,000/- 3rd cited and you have paid the same vide reference 4th cited. Inspite of it, you failed to install the security gadgets.

5. Therefore, in exercise of the powers conferred on me under section 6(2)(ii) of the said Rules, I hereby impose you a compounding fee of Rs.10,000/- (Rupees ten thousand only) for non compliance of the above rules for the second month. You shall forthwith pay the fine and submit the challan to this office. You are further directed to comply with the provisions of Act within two months failing which your establishment will be sealed under the provisions of ………………………… Act.

Asst. Commissioner of Police/ Sub Divisional Police officer (Having jurisdiction over the area) Copy to Inspector Police…………………………………………..

: He will serve the original on the owner / manager / person or the persons / association and forward acknowledged copy to this office and also Challan for having paid the compounding fee.

Copy to the Licensing authority ………………………………

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded :: By Order// Section Officer Form No. 9 (see sub-rule (4) of rule 7) Form of Receipt of Compounding Fee under Karnataka Public Safety (Measures) Enforcement Act, 2018 The Karnataka Public Safety (Measures) Enforcement Rules, 2017 Receipt No. Date:

(COMPOUNDING FEE RECEIPT)

(1) Name of the Establishment / Institution

(2) Establishment code

(3) Compounding fee 1st Month Compounding Fee 2nd Month Compounding Fee

(4) Order No. And date

(5) Amount Rs.

(6) Amount in words (Rupees.................

(7) Name of the Bank & Branch

(8) Challan No. & Date Signature of Receiver:

Asst. Commissioner of Police/ Sub Divisional Police Officer (Having jurisdiction over the area)

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded :: By Order// Section Officer Form No. 10 (see sub-rule (4) of rule 6 and sub-rule (02) of rule 9) Format of Report to ASSISTANT COMMISSIONER OF POLICE / SUB DIVISIONAL POLICE OFFICER Regarding Non- Compliance U/S 6(3) of Karnataka Public Safety (Measures) Enforcement Act, 2017-The Karnataka Public Safety (Measures) Enforcement Rules, 2018

GOVERNMENT OF KARNATAKA

(POLICE DEPARTMENT) Office of the Inspector of Police Police Station / Circle No. Dt:

To The Asst. Commissioner of Police / Sub Divisional Police Officer, DIVISION Sir, Sub:- The Karnataka Public Safety (Measures) Enforcement Act 2 2017 – Inspection of Establishment – Submission of report – reg.

Ref:- 1. First Month Compounding Order dt …………..

2. Second Month Compounding Order dt …….

I submit that on M/s ………………………………….. (Est. Code No……………….) was found not complying with the requirements of the Karnataka Public Safety (Measures) Enforcement Act, 2016. As such, reports were sent and accordingly first and second month compounding fee was levied vide references 1st and 2nd cited. Though, two months elapsed from the date of 2nd month compounding fee, the Establishment owner / Manager / person or the persons / Association did not comply with the requirements.

2. Therefore, it is requested to initiate proceedings as laid down in the Act for sealing the organization for contravention of the provisions of the Act.

Yours faithfully,

INSPECTOR OF POLICE,

(Having jurisdiction over the area)

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 11 (see sub-rule (2) of rule 9) Show Cause Notice by Supervisory Committee for sealing the Establishments under Rule10 (iii) of Karnataka Public Safety (Measures) Enforcement Act, 2017- The Karnataka Public Safety (Measures) Enforcement Rules, 2018 No. Dt:

To The Owner / Manager / Person or the Persons / Association …. Establishment name Sir, Sub: The Karnataka Public Safety (Measures) Enforcement Act 2017 - Inspection of Establishment – Non compliance of the rules – Show Cause Notice for sealing the establishment – Reg. Ref:- 1. First Month Compounding order dt ……………………………….

2. Second Month Compounding order dt......................

3. Report of Inspector of Police, dt.……………… Whereas, your establishment has been identified as Establishment under Karnataka Public Safety (Measures) Enforcement Act,

2. Whereas, you are duty bound to install safety and security gadgets as enumerated in the said Act;

3. Whereas, the Inspector of Police ……………….. Inspected your Establishment on ………………….. and found the following violations,-

4. Whereas, you were issued with a show cause notice and inspite of the same, you have not complied with the same. Whereas you were also levied first month compounding fee Rs.5,000/- vide 1st reference cited and inspite of it you did not comply with requirements for which you were also levied compounding fee of Rs.10,000/- vide referenced 2nd cited for the second month. Two months has elapsed from the date of levying of second month compounding fee but inspite of it you have failed to comply with the rules. The Inspector of Police vide referenced 3rd cited reported that you have not complied with the same;

5. Therefore, you are hereby called on to show cause as to why your establishment should not be sealed under the provisions of Karnataka Public Safety (Measures) Enforcement Act, 2016. Your explanation should reach the committee within 07 days.

MEMBER NO. 1 MEMBER NO. 2 MEMBER NO. 3

Copy to Inspector Police…………………………………………..

: He will serve the original on the Owner / Manager / Person or the Persons Association and forward acknowledged copy to this office.

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded :: By Order// Section Officer Form No. 12 (see sub-rule (5) of rule 6 and sub-rule (4) of rule 9) Sealing Order Of The Establishments under Rule 10 (V) of Karnataka Public Safety (Measures) Enforcement Act, 2017 - The Karnataka Public Safety (Measures) Enforcement Rules, 2018 GOVERNMENT OF KARNATAKA No.

Dt:

Sir,

ORDER OF SEALING ESTABLISHMENT

Sub: The Karnataka Public Safety (Measures) Enforcement Act 2017 – Inspection of Establishment – Non compliance of the rules – Order of Sealing of the establishment – Reg.

Ref:- 1. First month compounding fee order dt

2. Second month compounding fee order dt

3. Report of Inspector of Police, dt ………………

4. Show cause notice by committee, dt...............

Whereas, M/s ............................... establishment has been identified as Establishment under KARNATAKA. Public Safety (Measures) Enforcement Act,

2. Whereas, they were duty bound to install safety and security gadgets as enumerated in the said Act;

3. Whereas, the Inspector of Police ……………….. inspected the Establishment on ………………….. and found the following violations,-

4. Whereas, they were issued with a show cause notice and inspite of the same, they have not complied with the same. Whereas they were also levied first month compounding fee of Rs.5,000/- vide reference 1st cited and inspite of it they did not comply with requirements for which they were also levied second month compounding fee of Rs.10,000/- vide referenced 2nd cited.

5. Two months time has been elapsed from the date of levying second month compounding fee, but inspite of it they have failed to comply with the requirements. A report was submitted by the Inspector of Police..................vide reference 3rd cited reported that they have not complied with the same. As such a show cause notice was also issued vide referenced 4th cited but inspite of it they have not complied with the rules;

6. Therefore, in exercise of the powers conferred on under 10(v) of the above rules, it is hereby ordered for sealing of M/s........................................ You may submit your report after sealing Establishment to the licensing authority.

Member 1 Member 2 Member 3 To The Inspector of Police, Copy to the Owner / Manager / Person or the Persons / Association of the Establishment Copy to the Licensing authority ………………………………….

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded :: By Order// Section Officer Form No. 13 (see sub-rule (5) of rule 6) Sealing of the Establishments under sec. 6 (3) rule 7 (v) of Karnataka Public Safety (Measures) Enforcement Act, 2017- The Karnataka Public Safety (Measures) Enforcement Rules, 2018.

(TO BE PREPARED IN QUARDUPLCIATE) Establishment code:

Name of the Establishment / Institution

(2) Complete Address Land Line Mobile No E.mail ID

(3) Committee Sealing Order No. & Date

(4) Any perishables stored in the Establishment.

Date and time of sealing

(6) Owner / Manager / Person or the Persons / Association present at the time of sealing Whether any perishable goods amenable for deterioration/ damage/ destruction are available in the establishment.

No perishable goods are available in the establishment.

Independent Witnesses:

Signature of Owner/ Signature of Inspector of Manager /Person or Police the Persons / Association of (having jurisdiction over the area) Establishment

1. One copy to be sent Licensing Authority

2. One copy to the Owner / Manager / person or the persons / Association of Establishment

3. One copy to the Committee

4. One copy office Copy.

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 14 (see sub-rule (7) of rule 6) Form of Report to Licensing Authority after Sealing Establishments under section 6(3) of Karnataka Public Safety (Measures) Enforcement Act, 2017, under Rule 7 (vii) of Karnataka Public Safety (Measures) Enforcement Rules,

GOVERNMENT OF KARNATAKA

(POLICE DEPARTMENT) Office of the Inspector of Police Police Station / Circle ………………….

No. Dt:

To The Licensing Authority

DIVISION

(Through Asst. Commissioner of Police / Sub Divisional Police Officer having jurisdiction over the area) Sir, Sub:- The Karnataka Public Safety (Measures) Enforcement Act 2017 – Sealing of Establishment – Submission of report – Reg.

Ref:- Sealing Order No ………………………………….

I submit that on M/s ………………………………….. (Est. Code No……………….) was found not complying with the requirements of the Karnataka Public Safety (Measures) Enforcement Act, 2017. As such, reports were sent and accordingly first and second month compounding fee was levied. Though, two months elapsed from the date of 2nd month compounding fee, the Establishment owner / Manager did not comply with the requirements. A report was submitted to the Committee and a show cause notice was also issued. After perusing the records the Committee has issued sealing orders vide reference cited. In obedience of the orders, the Establishment was sealed on…………………………. The report of the sealing the Establishment is enclosed.

This is for favour of information.

Yours faithfully,

INSPECTOR OF POLICE,

(Having jurisdiction over the area.)

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 15 (see sub-rule (1) of rule 5) (To be submitted by every Owner / Manager / Person or Persons who are running establishment on every 6 months Form of Periodical Return under Sec. 4(1) Rule 6 (i) Karnataka Public Safety (Measures) Enforcement Act, 2018 The Karnataka Public Safety (Measures) Enforcement Rules, 2017

(1) Name of the Establish-ment / Institution with location (Estt. Regd No.) Electronic Devices installed and details of equipment)

(i) Access Control Devices (Surveillance) Places of installation

(4) Date and time of installation Area of angle covered Distance Covered Coverage of Approach areas Whether in working condition or not.

(6) When the devices last inspected by Maintenance Engineer

(7) When the Establishment was inspected by Police officer.

Whether facility available for transfer of data or not.

Date of filing last periodical statement Establishment owner / Manager / Person or the persons / Association Note: The form may be submitted either electronic mode or physically.

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded ::By Order// Section Officer Form No. 16 (see sub-rule (2) of rule 5) Annexure U/S 4 (2) of Karnataka Public Safety (Measures) Enforcement Act, 2017 The Karnataka Public Safety (Measures) Enforcement Rules, 2018 (To be enclosed with Renewal Application and applied to the Competent Licensing Authority) Age.................. yrs r/o............................ being owner / Manager / Person or the Persons / Association of Establishment, do hereby declare that the Electronic Devices as required under KARNATAKA. Public Safety (Measures) Act, 2017 are installed in the Establishment and they are in good working condition as on the date of examination and a sample feed was collected in this regard for reference. Further, it is declared that technical operation- cum-supervisor of electron devices is deployed.

2. The above facts are true and correct to the best of my / our knowledge. In case any information is found not correct in the above declaration, I / We are liable for the action under the law.

OWNER / MANAGER / PERSON OR

THE PERSONS /ASSOCIATION

OF ESTABLISHMENT

PRINCIPAL SECRETARY TO GOVERNMENT

//Forwarded:: By Order// Section Officer

RULES

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.