Background
The Andhra Pradesh Public Safety (Measures) Enforcement Act, 2013 was enacted to ensure safety and security in establishments that attract large public gatherings. The Act mandates provisions for surveillance, video recording, trained personnel, and other safety infrastructure in establishments such as malls, multiplexes, hotels, restaurants, banks, religious places, educational institutions, convention centres, and other notified areas.
Applicability
The Act applies to all establishments in Andhra Pradesh where a public gathering of 100 people or more is likely to occur, including commercial establishments, cinema theatres, amusement parks, hotels, resorts, banks, function halls, sports complexes, hospitals, railway and bus stations, and other notified places by the Government.
Compliance requirement under the Act in accordance with the Rule
1. Liability to provide Public Safety Measures (Section 3(1))
Every owner, manager, or person running an establishment shall provide and maintain public safety measures to ensure the safety and security of the public visiting their establishment. “Establishment” includes places frequented by large numbers of people with gatherings of 100 or more, such as commercial establishments, industrial establishments, religious places, educational institutions, hospitals, sports complexes, railway stations, bus stations, cinema theatres, malls, multiplexes, amusement parks, hotels, restaurants, bars, lodges, banks, resorts, financial institutions, convention centres, exhibition halls, function halls, circuses, and other notified places of public gathering.
2. Saving and Storing of Video Footage (Section 3(2), Rule 3(i))
Every owner, manager, or person running an establishment shall properly save and store video footage for at least 30 days and provide the same whenever required by the jurisdictional Inspector of Police or other notified authority.
3. Filing of Periodical Returns (Section 4(i), Rule 6(i))
Every owner, manager, or person running an establishment shall file periodical returns every six months in the prescribed format, certifying that all required public safety measures are in place, properly maintained, and functional, and that equipment is in working condition, to the concerned Inspector of Police having jurisdiction.
4. Equipment of Minimum Technical Specifications for Access Control and Surveillance Devices (CCTVs) (Rule 5(i) & (ii))
Every establishment or association shall install equipment that meets minimum technical specifications for Access Control and Surveillance Devices (CCTVs), as prescribed under Rule 5 of the Andhra Pradesh Public Safety (Measures) Enforcement Rules, 2014.
5. Trained Personnel to Operate Electronic Devices (Rule 5(iii))
Every establishment or association shall ensure that at least one employee or outsourced person is trained to operate electronic devices such as access control systems and CCTV cameras.
6. Provisions Relating to the Cameras in the Premises (Rule 5(v), (vi), (vii))
Cameras shall function 24×7, even when the establishment is closed.
Cameras must cover approach areas at entry and exit points of establishments and parking lots, extending up to a distance of 50 yards.
Cameras shall have storage capacity of at least 30 days.
Penalties & Punishments
For failure to comply, a notice will be issued to comply within 15 days. If the directions are still not complied with, a compounding fee may be levied on the owner/manager/person or the persons who are running such establishment, –
(i) for the first month of default – Rs. 5,000/-
(ii) for the second month of default – Rs. 10,000/-
In case of failure to comply with directions within a period of two months, premises shall be sealed temporarily and a report is sent to the licensing authority. The licensing authority will further issue a show cause notice and initiate action as per the provisions of law governing the issuance of license
Conclusion
The Andhra Pradesh Public Safety (Measures) Enforcement Act, 2013 plays a crucial role in ensuring public safety in establishments with large gatherings. Compliance with its provisions relating to CCTVs, video storage, trained personnel, and maintenance of safety infrastructure is mandatory. Non-compliance can lead to significant penalties, sealing of premises, and cancellation of licenses. Establishments must adopt a proactive approach to fulfill these requirements to safeguard both public welfare and business continuity.
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