Gujarat Public Safety (Measures) Enforcement Act, 2022

Gujarat Public Safety (Measures) Enforcement Act, 2022, is a legislative measure enacted by Government of Gujarat to ensure public safety and security within the state of Gujarat.

Objective-:

The primary objective of the act is to provide protection to citizens, their property, uphold public safety, promote peace, and safeguard the rights and interests of its citizens and the overall well-being of society.

Applicability of this act:-

Every owner or manager or the persons running an establishment frequented by such number of people or having such number of average footfalls per day or likelihood of gathering of such number of people at a time as the Government may by notification declare, shall provide and maintain public safety measures for the safety and security of the people visiting such establishments.

Meaning of public safety measures:-

Public Safety Measures means Access Controls or Closed Circuit Television (CCTV) Camera Systems at entry and exit points of the establishments and their designated parking areas by installing,-

  1. Access Controls through physical or technical means or both
  2. Closed Circuit Television (CCTV) Camera Systems with a provision for storage of video footage for thirty days
  3. The technical equipment, as per the specifications as may be prescribed

Summary of important provisions of Gujarat Public Safety (Measures) Enforcement Act, 2022:

  1. Obligation to provide the public safety measures (Rule 4(1)):- Every owner or manager or the persons running an establishment shall provide and maintain Public Safety Measures.
  2. Saving and storing of video footage(Rule4(2)):- Every owner or manager or the persons running an establishment shall save and store video footage properly for a period of thirty days and provide the same as and when required by the police officer not below the rank of a Police Sub-Inspector.
  3. Initial return (Rule 4(4)):- Every owner or manager or the persons running an establishment shall file first return regarding public safety measures initiated in their premises to the jurisdictional Public Safety Committee in Form 1 within a period of six months from the issuance of Gujarat Public Safety (Measures) Enforcement Rules, 2022.
  4. Annual Return (Rule 4(4)): – Every owner or manager or the persons running an establishment shall file an annual return in Form 2 regarding public safety measures in their premises.

Provision of CCTV Camera Systems (Rule 5):-

  1. Every establishment or association shall provide equipment of minimum technical specifications for CCTV Camera Systems and access control measures, as the case may be, as per the specifications prescribed in Annexure to Gujarat Public Safety (Measures) Enforcement Rules, 2022
  2. The CCTV Camera System shall be functional on 24 x 7 bases even when the establishment is closed.
  3. The CCTV Camera System shall be installed covering the entry – exit points of establishments and entry – exit points of designated parking lots of the establishment with facility for storage of video footages for a minimum period of thirty days.

Public Safety Committee: – Public Safety Committee means the Committee constituted by the State Government under sub-section (1) of section 4; The Public Safety Committee shall consist of such number of representatives with such designations and such other persons as may be prescribed and performs the following functions:-

  1. The Public Safety Committee shall identify establishments under the Act, maintain the records of the establishments, may visit the establishments for threat assessment, issue instructions to the establishments regarding the public safety measures and carry out such other functions as may be prescribed.
  2. The Public Safety Committee may constitute such number of Public Safety Subcommittees under it to assist the Public Safety Committee in the effective implementation of public safety measures.
  3. It shall be obligatory for the establishments to deploy such public safety measures as are ascertained and recommended in writing by the Public Safety Committee, within six months.

Inspection of installation of public safety measures:-

  1. Any officer of the Government duly authorized by the Public Safety Committee or Public Safety Sub-Committee of the area concerned may, at reasonable hours of the day and after giving notice of at least two days, enter into any premises of any establishment for inspection of the installation and submit a report to the Public Safety Committee in case of any default or violation. The Public Safety Committee may issue necessary instructions in writing to the establishment and the same shall be complied within a period of one month.
  2. Penalties: In case of failure of any establishment in complying with the inspection report, the Public Safety Committee may levy a penalty to the owner or manager or persons running such establishments –
      • For the first month of default – Rs.10, 000;

      • For the subsequent months of default– Rs.25, 000 per month.

Appeal: – Any person or establishment aggrieved by the recommendation of the Public Safety Committee or the order of the Public Safety Committee imposing penalty shall within thirty days from the date of concerned order may prefer an appeal to the District Magistrate. The District Magistrate may, after giving an opportunity of hearing to the appellant pass such order as he may deem fit. The establishment shall comply with the orders of the District Magistrate and pay the penalty within thirty days from the date of issue of such orders. In case any establishment makes default in payment of penalty, the same shall be recovered as an arrear of land revenue.

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