The Assam Public Safety (Measures) Enforcement Act, 2023, enacted with the aim of enhancing public safety in Assam, brings forth a robust legal framework designed to address security concerns while balancing the rights of citizens. Following its publication in the Assam Gazette on November 16, 2023, the Amendment Act came into effect.

This Amendment Act modifies the original Assam Public Safety (Measures) Enforcement Act of 2011, introducing several new provisions and changes to existing ones to address contemporary challenges.

Existing Provisions

There are some key provisions of the original Assam Public Safety (Measures) Enforcement Act 2011:

1. The Act gives the government the authority to detain individuals suspected of involvement in unlawful activities for up to three months, with the possibility of extending this period by an additional three months.
2. The Act allows the government to ban or place restrictions on organizations that are believed to be engaging in unlawful activities.
3. The Act prohibits a wide range of unlawful activities, including terrorism, extremism, and other anti-social behaviours.
4. The Act provides for the establishment of tribunals to adjudicate on matters arising under the Act.

However, the Assam Public Safety (Measures) Enforcement Act, 2011, has been amended several times since its enactment. The most recent amendment was the Assam Public Safety (Measures) Enforcement (Amendment) Act, 2023, which introduced several new provisions and amendments to the original Act.

Applicability of the Assam Public Safety (Measures) Enforcement Act, 2023:

This act is applicable to every owner, society, manager, and individual operating an establishment that employs a minimum of five people.

This includes a diverse range of entities, such as businesses, educational institutions, and residential complexes, hospitals, buildings etc. Under this Act, these establishments are required to implement and maintain adequate public safety measures, ensuring a safe environment for all individuals present.

Liabilities of the Establishments:

This act places specific liabilities on owners, societies, managers, and individuals operating establishments in the state. These responsibilities are crucial for ensuring a safe environment for all individuals present. Such liabilities are as:

1. Implementation of Safety Measures: Establishments must implement adequate public safety measures that are tailored to their specific environment and potential risks. This includes measures to prevent accidents, injuries, and threats to public safety.
2. Security Arrangements: Owners are responsible for ensuring proper security arrangements. This may involve hiring trained security personnel, installing surveillance systems, controlling access to premises, and implementing other security measures as necessary.
3. Emergency Response Plans: Establishments must develop and maintain emergency response protocols. This includes preparing for various emergencies, such as fires, emergencies exit, natural disasters, or security threats. Staff should be trained on these protocols, and regular drills should be conducted to ensure readiness.
4. Requirements for Secure Video Surveillance Data Storage: Establishments must securely store video surveillance data for at least 30 days. This timeframe allows for adequate review and retrieval of footage in case of incidents or investigation. Recorded footage must be stored securely to prevent unauthorized access and that access to the stored footage should be limited to authorized personnel as to inspector of Police having jurisdiction over the area.
5. Filing returns: Every owner, society, manager, and individual is required to file and upload returns on the prescribed online portal. These returns must certify that appropriate safety measures are in place and that all relevant equipment is in working condition. Returns should be submitted every six months to ensure ongoing compliance with safety regulations.

6. Timeline for the implementation of Public Safety Measures: Every owner, society, manager, and individual operating an establishment is required to implement public safety measures within one year from the date of commencement of the Act or before the next renewal date of their license, whichever occurs first. This provision is designed to ensure that all establishments prioritize the safety of their premises and comply with the regulations established by the Act in a timely manner.

Penalties for Non-Compliance of Safety Measures: If an owner, manager, or individual running an establishment, or society managing a residential building, does not follow the instructions in a show cause notice, they will face the following penalties:

1. Compounding Fees: The concerned Assistant Commissioner of Police (ACP), Deputy Superintendent of Police (DSP), or Sub Divisional Police Officer (SDPO) may levy a compounding fee on the responsible parties as follows:

1. • • For the First Month of Default: ₹5,000
     • For the Second Month of Default: ₹10,000
2. Further Non-Compliance: If the owner, manager, or individual continues to fail in complying with the directions within a period of two months, the Inspector of Police with jurisdiction over the area shall take the following action:
   • • Temporary Sealing of Premises: The premises may be sealed temporarily.
     • Reporting: A report shall be sent to the concerned licensing authority through the ACP, DSP, or SDPO responsible for the area.

However, Religious institutions or any other places of worship shall not be subject to sealing under this provision.

Key Definitions under the Assam Public Safety (Measures) Enforcement Act, 2023

This act lays out essential definitions that clarify the scope and applicability of the law, the key terms defined under the act as:

1. Establishment – The term “Establishment” means a wide range of facilities and locations, including:
   • Government buildings
   • Public institutions
   • Commercial and industrial establishments
   • Religious places and educational institutions
   • Hospitals and sports complexes
   • Transportation hubs like railway and bus stations
   • Cinema halls and storage facilities

Essentially, it refers to any place of business or office that employs five or more individuals, as well as areas for organized gatherings. Additionally, the government may designate other places as establishments through official notifications.

2. Society – In this context, “Society” refers to both registered and unregistered groups, including:
   • Resident Welfare Societies
   • Housing societies
   • Row houses, etc.

3. Public Safety Measures – Public Safety Measures” encompass a variety of security protocols designed to protect establishments and residential buildings. These include:
   • Access controls and closed-circuit television (CCTV) systems at all entry and exit points, common areas, and parking zones.
   • Physical and technical access controls.
   • Surveillance systems with a provision for storing video footage for at least 30 days.
   • Compliance with technical specifications as notified by the government.
4. Residential Building – “Residential Building” refers to structures primarily used for housing purposes that are more than two stories high and contain one or more dwelling units or lodgings. The definition may also include other specified buildings as declared by notification for the purposes of this Act.

Conclusion – The Assam Public Safety (Measures) Enforcement Act, 2023, is a significant piece of legislation aimed at enhancing public safety and security in the state of Assam, India. While the Act introduces several measures to address the growing threat of terrorism, extremism, and other unlawful activities, it also raises concerns about potential abuses of power and the erosion of civil liberties.

It is crucial to monitor the implementation of the Act and ensure that it is used in accordance with the principles of law and justice. The Act should be balanced with the protection of individual rights and freedoms, and safeguards should be put in place to prevent its misuse.

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