Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011

No: 9 Dated: Feb, 18 2011

Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011

(Act No. 9 of 2011)

    An Act to provide for the protection of public ways for unobstructed movement by the public and for imposition of reasonable restrictions on the rights of any section of the public to assemble and collectively move thereon and to regulate procession through public ways and for matters connected therewith or incidental thereto.

    Whereas, it is expedient to provide for the protection of public ways, for unobstructed movement by the public;

    And Whereas, it is necessary to impose reasonable restrictions on the rights of any section of the public to assemble or move collectively on any public way;

    And Whereas, it is necessary to regulate procession through public ways and for matters connected therewith or incidental thereto;

Be it enacted in the Sixty-second year of the Republic of India as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force at once.

2. Definitions. - (1) In this Act, unless the context otherwise requires,-

(a) 'carriage way' means the portion of the public way which is intended for the movement of vehicles or carriages of any type;

(b) 'footpath' means any area comprised in a public way earmarked for movement of pedestrian having a width of not less than one meter but not exceeding three meters on either side of the public way, after leaving sufficient space for the movement of vehicles;

(c) 'licence' means a licence issued under section 5;

(d) 'public way' includes any highway, bridge, causeway, road, lane, footpath, square, courtyard, garden-path, channel or passage, accessible to the public, which is not owned by a private person;

(e) 'road-margin' means the portion of the public way which extends outwards on each side from the footpath towards the outer edge of the public way.

  (2) Words and expressions used and not defined in this Act, but defined in the Indian Penal Code, 1860 (Central Act 45 of 1860) or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or in the Kerala Police Act, 2011 (8 of 2011) shall have the meanings, respectively, assigned to them in those Acts.