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

I f 180 ODISHA LOCAL LAWS *The Odisha Fire-works and loud Speakers (Regulation) Act, 1958 ~n Act to provide for regulating display of explosive fireworks an(f th use and play of loud speakers in the State of Odisha 8 CONTENTS ACTS : 1. Short ti tle , extent and com mencement 2. Defini tions 3. Rest rictions agc! inst display of explosive fi re-works and use and play of loud speakers . 3-A Power to prohibit display of explosive fire-works and use and play of loud speakers 4. Application for permission 5. Penalty 6. Cognizance of offence under this Act 7. Power of _Police _Officers to arrest offenders In certain cases 8. Power to make rules Whereas it is expedient to regulate the disp!,ay of explosive fireworks and the use afld play of loud speakers in the State of Odisha; It is hereby enacted by the Leg islature of the State of Odisha iri the Ninth Yea r of the. Republic of India as follows : · 1. ·short -title, extent and commencement - (1) This Act may be called the Odisha Fire-works and Loud Speak·ers (Regulation) Act , 1958. (2) It extends to the whole of the State of Odisha . (3) It shall apply at once to the Mun icipalit ies and Notified Areas constitu ted under the Odisha Municip~I Act , 1950 (Od isha 23 of 1950) and the State Government may, from time to ti ine by notification , apply the same to any other local area as they deem fit. 2. Definitions - In this Act , un less there is anyth in g repugnant in the subject or context- · (i ) "explosive fire-works" means fire-works which explode with a loud noise and includes rockets , squibbs, c·rackers and such other devices wh ich cause a loud noise ; (ii ) " loud speaker" means as instrument to augment sounds , vocal. instrumental or recorded ; and (i ii) "prescribed" means prescrib ed by ru les made under this Act. 3. Restrictions against display of explosive tire-works and use and play of !oud speakers - No person ~hall display any explosive fire- works or use and play a l~ud speaker- · (a) with.in such distance from a hospital , a Court Hou.se and an educational institut ion as may be prescribed ; or (b) at any place ~r in any P,rocess ion between the hours of 11 ~.md and 5 _a.m. without th e permis sion in writing of the prescribe authority. · Pub lished vi~e Odis ha Gazette Ext /'! 9. 11 .1958-0 .A . 30 of 1958 . For S!Jtem ent of Ob· t · - a 1958. Jee s and Reasons see Odisha Gazette Ext.!19· · 8·] s. 0 . Fire-works & L 8 (R ·' · eg .) Act, 1958 181 1[J-A Power to prohibit dis pl f . laY of lo~d speake_rs -Notwiths ta a~ _o explo~ive fire-works and use ar1dJstrict Magistrate.or any other perso'~ infh a~ything contain ed in thi.s Act, ~h~hat behalf may, on being satisfied th at on_sed ~y_the ~t~te Government 1n . ublic interest so to do , by an orde r . a I.n_ his opin,?n It 1s necessary in the tibit the display of any exp losive f i :n_fnt,ng recording reasons therefor, pro kers in any place and at any t· e] works or the use and play of loud 5pea , . . Ime . 4. Apphcat1on for permission (1) A . . . Clause (b) of Section 3 shall b - ny appllcat1on _for permissi?n ~eferred to ,n . s may be prescribed and h lel bmade to the prescribed aut11onty rn such form a . s a ear a court-fee stamp of one rupee. (2) The prescribed authorit f . e· ect the a 1- . , Y _may, 0 ~ reasons to be recorded in writing , grant or~ J. PP .I~at,on a_nd In granting such application may impose anY restriction °~ c~nd ,tion subJect to which the applicant may di splay fire- works or use an p ay a loud spea ker. . _(~) In grant ing or reject ir:-19 an application or imposing any i-e striction or cond1t1o~ th ereto , the prescribed authority shall have due ·regard to the fo llowing circumstances , namely : . (a) the ~urpose ~r occasion, re ligious ,. ceremonial or othe rwise in relation to wh ich the app li ca tion is made· . ' . (b) the nature and durat ion of such display or of such use and play; (c) the lo·ca li ty where such display or such use and play is proposed ; and (d) the n_umber of app lica nts on any one date as resp ects any one local ity. 5. Penalty - An_y person who_ contravenes any of the prn vi sions of this Act shall , on co nvIct Ion, be lia ble to be punished with imprisonment which may extend to 1[six month s] or with fine whkh may .extend to 2[five hundred rupees] ·Or with both . 6. 3[Cogri izance of offence under this Act .,. No Maqistrate shall take cognisance of an offen ce under this Act exce pt upon a repo~rt in writing made in this beha lf by a Police Offi cer on recei pt of information from tr"le person aggrieved : Provided that nothing contained in thi s section shall affect the provisions of the Code of Crimi na l Procedure , 1898 (5 of 1898) in regard to the pow.ers of certain Mag istrates to take cogn izance of offence upon their own knowledge . 7. Power of Police Officers to arrest offenders in certain cases - (1) Any Pol ice Officer, not being be low the rank of Assistant Sub-Inspector ·of Police , who d~tects a person display ing any explosive fire-works or using and playing a loud speaker in contravent ion of any of the prov ision s o f Section 3 or Section 3-A may- . · (i ) arrest such pe rson wi thout wa r;arit ; and (ii ) se ize the exp los ive fire-wo rks found with , or in the custody, of the person so displaying or, as the case may be , the loud speaker includ i 1 ng its accessories so used and played . (2 ) The prov isions of Code of CriminalProcedure , 1973 shall apply to every seizure made under Sub-sec. (1) . . (3) An offence under this Act shall ·be bailable .] 8. Power to make rules . The Stage Government may, subj ect to the Previous publication , make rules for carry ing out the purpose s of this Act. 1. . . Inserted vide Od isha Act No.4 of 1979. 2 · Substituted ibid. 3 · Substituted vide Odisha Act 13 of 1996. □□□ { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false }