| KERALA POLICE (AMENDMENT) ACT, 2000 1. (Act 7 of 2000) An Act further to amend the Kerala Police Act, 1960. Preamble.• WHEREAS, it is expedient further to amend the Kerala Police Act, 1960, for the purposes hereinafter appearing; BE it enacted in the Fifty-first Year of the Republic of India, as follows:• 1. Short title and commencement.• (1) This Act may be called the Kerala Police (Amendment) Act, 2000. (2) It shall be deemed to have come into force on the 18th day of January, 2000. 2. Insertion of new sections after section 18.• After section 18 of the Kerala Police Act, 1960 (5 of 1961), (hereinafter referred to as the principal Act), the following sections shall be inserted, namely:• "18A. Regulation of certain physical training.• (1) Notwithstanding anything contained in any other law for the time being in force, no person shall,• (a) by himself or by any person on his behalf, impart training, to any member or members of public in any physical activity involving methods of attack or self-defence unless he holds a permit in this behalf issued by an authority as may be prescribed; or (b) permit the use of any premises, owned or possessed by him, for such training or organise abet or participate in such training, as may be imparted by any person who does not hold a permit in that behalf: Provided that a person imparting such training on 18th January, 2000 shall apply for and obtain a permit therefor, within three months from the said date or within such period, as may be extended by the Government; which shall not exceed six months: Provided further that the provisions of this sub-section shall not apply to any training imparted by,• (i) an educational institution, owned or controlled by the Government or affiliated to any University in the State, as part of the curriculam or course of study; or (ii ) a club or gymnasium recognised by the Kerala Sports Council. (2) The permit under sub-section (1) shall be issued subject to such conditions and restrictions and on payment of such fees as may be prescribed by rules. (3) Any Police Officer, not below the rank of a Sub-Inspector, shall have free access to any place of training to ensure that such training is conducted in accordance with this Act and the rules made thereunder. (4) Any contravention of the provisions of sub-section (1) or of the terms and conditions of a permit issued thereunder shall be a cognizable and non-bailable offence within the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974): Provided that no prosecution shall be instituted against any person in respect of any offence under sub-section (1), without the previous sanction of the District Magistrate. 18B. Power to cancel permit etc.• (1) The authority notified under sub-section (1) of section 18A may, by order, cancel or suspend a permit granted under the said sub-section.• (a) if any fee payable by the holder of such permit is not duly paid; or (b) in the event of any breach by the holder of such permit or by his servant or by anyone acting with his express or implied permission on his behalf, of any of the terms and conditions of such permit; or (c) if the holder thereof is convicted by a court of law for any offence involving moral turpitude. (2) An appeal against an order under sub-section (1) shall lie to the Deputy Inspector General of Police having jurisdiction over the area where the place of training is situated.". 3. Insertion of new section 53B.• After section 53A of the principal Act, the following section shall be inserted, namely:• "53B. Penalty for contravention of section 18A.• Whoever contravenes section 18A or the rules made thereunder or any of the conditions of the permit issued thereunder shall, on conviction, be liable to imprisonment for a term which may extend to three years or to fine which may extend to five thousand rupees or to both." 4. Amendment to section 69.• In sub-section (1) of section 69 of the principal Act, after clause (c), the following clauses shall be inserted, namely:• "(ca) prescribe the authority and the procedure for the grant of permit under section 18A, the terms and conditions of such permit and the fee to be levied for granting such permit; (cb) prescribe the manner in which and the time within which an appeal under sub-section (2) of section 18B may be filed and the procedure to be followed for the disposal of such appeal". 5. Repeal and saving.• (1) The Kerala Police (Amendment) Ordinance, 2000 (1 of 2000), is here by repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. |