Gireesh M.M. vs. State Of Kerala - Kerala High Court, 29 September 2020

The Hon'ble High Court of Kerala as per the Judgment read above, has directed to issue guidelines for the operation of dangerous rides in carnivals and theme parks, so as to ensure that an effective permanent mechanism for the issuance of license in future is put in place. 2) Government have examined all the aspects of the case and are pleased to approve the guide lines for issuing license to amusement rides as appended herewith (in English & Malayalam). 3) The directions contained in the Judgment dated 28/02/2019 in W.P. (C)No. 5673/2017 is thus complied with. (By order of the Governor) Sarada Muraleedharan Principal Secretary.” “Appendix Guidelines for issuing license to amusement rides of various types in Carnival and Theme parks Ref :- The Kerala Places of Public Resort Act 1963 and Kerala Places of Public Resort (PPR) Rules,1965 made there- under

W.P(C).5673/2017 9 The licensing and inspection of Places of Public Resorts or entertainments in the State of Kerala is presently governed by the Kerala Places of Public Resort Act 1963. The New guidelines will apply to the operation of all types of rides and devices both temporary and permanent in nature installed in carnival sites, amusement parks and theme parks for public entertainment. Nothing in these guidelines is intended to contravene provisions of any existing Government regulations. The safety requirements of the amusement rides of various types shall be ensured at every stage ie., the construction stage, installation stage and utilisation stage. It is necessary that expert engineers from mechanical and civil engineering sectors inspect the installations before the LSG issues license to operate any such rides. In view of this and in compliance with the directions of Honourable High Court of Kerala in WP(C) No 5673/2017 the following guidelines regarding granting of licenses to such entertainments are issued in addition to the conditions laid down under rules 30 and 34 of Kerala Places of Public Resort Rules 1965:

Approvals for amusement installations, both temporary and permanent shall be in line with Code of Recommended Practice for Amusement Rides Safety (Part I and Part II) issued by Bureau of Indian Standards (Hereunder referred to as the code.) The Authority to issue approval will be the Secretary of the Local Self Government in whose juri iction the installation is set up. (i) Application should be submitted to the Secretary along with the plans and clearances from the departments concerned. The applicant may be directed to annex along with the application, the following certificates as a condition precedent for obtaining permission for amusement rides in Kerala. (a) NOC/approval from Electrical Inspectorate.

W.P(C).5673/2017 10 (b) NOC/approval from Fire and Rescue Department. (c) NOC/approval from PWD (Mechanical Division) (d) Structural Stability Certificate with layout drawings from a M.Tech qualified registered Structural Engineer/Architect. (e) Public Liability Insurance Policy for ensuring the safety of the persons admitted in the amusement rides. (f) Insurance coverage to labourers and artisans engaged in the amusement rides. (g) NOC from the labour department if necessary. (h) If food and beverage other than branded packed items are to be served in the premises, license from Food Safety and Standards Authority of India- FSSAI shall be obtained. (i) Documents to prove the ownership of land.

One month prior tender notice is to be issued to enable the applicant to obtain all clearances.-

(a) Engineering Wing of LSGs shall be entrusted with the inspection of the places of Public Resort and Entertainment. The organiser shall have to produce fitness Certificate of the installation from PWD (Mechanical Division) as stipulated in the code. Authority has to verify the fitness of the equipment before issuing licence. (b) The organiser will be held responsible for the safety of the rides. The organiser shall appoint technically competent person/persons, who will be always available in the place to ensure the safety of such rides . Details of such persons shall be entered in the license and the person shall be available in the premises when the rides are in operation. Further, every day before the rides are set on, the concerned person appointed by the organiser shall certify that all rides are in safe condition and ready to operate. (c) Restaurants/Cafes are to be located at sufficient distance from amusement venues. (d) Adequate lighting and Signage (Especially entry and exit, no smoking) are to be provided.

W.P(C).5673/2017 11 (e) The technical inspection and verification is to be done by the Municipal Engineer or officer concerned. (f) Fire protection facility is to be provided and shall be to the satisfaction of the Fire and Rescue Services Department. Fire and Rescue Services Department shall issue site clearance and final installation clearance certificates on satisfaction of compliance with the relevant provisions of the National Building Code 2016. (g) Electrical fittings are to be certified by Electrical Inspectorate. Statutory clearance from overhead electrical lines are to be given by KSEB.

On receipt of the application, the Secretary or the Officer authorised by him shall issue an acknowledgment to the applicant. If any supporting document is not found, the Secretary or the Officer, shall immediately inform the applicant in writing the list of missing documents and allow the applicant to submit the missing document.

The Local Self Government shall determine the fine to be imposed in case of non compliance as per the Section 16 of Kerala Places of Public Resort Act 1963. 5. The Local Self Government shall collect a specified amount of money as advance for ensuring performance security (as indicated in the tender document) which will be released in full after closure of the amusement park in case no default of compliance is made.

If the premises are not cleared after the permit validity, the Secretary shall, on the failure of the person to demolish or dismantle the shed or but building at the expiry of the period specified, cause it to be demolished or dismantled and the cost thereof shall be recovered from such person as if it were an arrear of property tax due.

Licensee shall be responsible for the timely disposal of the remains/waste caused by organising carnivals, maintain hygienic status all the time and to provide the facilities in accordance with the provisions of State/Central Pollution Control. Board.

Licence under Kerala Places of Public Resort Act shall be obtained for carnivals /Amusement rides conducted in

W.P(C).5673/2017 12 any place including the place where Kerala Film Regulation Act is in force.

Details of GST Registration of the licensee shall be provided in advance to the Local Self Government Institution concerned. 10 The list of rides predetermined to operate shall be enclosed along with the application for license and no change shall be made in the list without prior approval of Licensing Authority. 11 Fitness certificate of animals, that are exhibited in the carnivals, shall be obtained from Animal Husbandry Department. The Authorities responsible for issuing NOC /approval should ensure that the provisions contained in the Code of Recommended Practice for Amusement Ride Safety (Part I to Part VI) are strictly complied with.”

Prayer sought for in the Writ Petition is for a writ of prohibition against the respondent No.3 Municipality from permitting the operation of temporary amusement park including Columbus, Slam Boat, Well of Death, Giant Wheel, Tora Tora, Frisher Ride and Dragon Train or similar rides at Aluva Manappuram during Sivarathri Festival, unless an NOC is issued by respondent No.5 and respondent No.6 regarding the structural stability, load bearing capacity and safety features of the equipments used in the rides.

It can be seen from the above said order that the Government have taken note of the NOC/approval from various authorities for granting licence to amusement rides of various types in Carnival and

W.P(C).5673/2017 13 Theme parks. In the light of Government issuing guidelines, which require NOC from competent authorities stated supra, nothing survives in this writ petition for further adjudication. Placing on record the Government Order and the appendix therein, writ petition is closed. S. Manikumar, Chief Justice Shaji P. Chaly,

Judge sou.xx

W.P(C).5673/2017 14 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE ADVERTISEMENT OF TENDER ALONG WITH THE TARIFF NOTIFICATION ISSUED BY RESPONDENT NO.3 EXHIBIT P2OF THE NEWS REPORT IN THE TIMES OF INDIA,KOCHI NEWS PAPER DATED 09.09.2016 EXHIBIT P3OF THE NEWS REPORT IN THE TIMES OF INDIA,KOCHI NEWS PAPER DATED 11.9.2016 EXHIBIT P4OF COMPLAINT FILED BY PETITIONER DATED 27.01.2017 BEFORE RESPONDENT NO.3 EXHIBIT P5OF THE QUERIES RAISED UNDER RIGHT TO INFORMATION ACT DATED 25.10.2016 ALONG WITH THE ANSWERS GIVEN BY RESPONDENT NO.3 EXHIBIT P6 TRUE COPIES OF THE QUERIES RAISED UNDER RIGHT TO INFORMATION ACT DATED 8.11.2016 AND THE ANSWERS GIVEN BY THE DIVISIONAL OFFICE,FIRE & RESCUE SERVICES, KOCHI EXHIBIT P7 TRUE COPIES OF THE QUERIES RAISED UNDER RIGHT TO INFORMATION ACT DATED 31.10.2016 AND THE ANSWER GIVEN BY THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,PUBLIC WORKS DEPARTMENT EXHIBIT P8OF THE QUERIES RAISED UNDER RIGHT TO INFORMATION ACT DATED 29.12.2016 AND THE ANSWER GIVEN BY THE RESPONDENT NO.7 EXHIBIT P9OF THE REPLY DATED 17.08.2016 GIVEN BY RESPONDENT NO.3 TO RIGHT TO INFORMATION (RTI)APPLICATION EXHIBIT P10 PHOTOGRAPHS OF AMUSEMENT RIDES USED LAST YEAR AT ALUVA MANAPPURAM BY 8th ESPONDENT

W.P(C).5673/2017 15 EXHIBIT P11OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY CHALISSERY PANCHAYAT DATED 11.5.2018 ALONG WITH TRANSLATION. EXHIBIT P12OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY TRIPUNITHURA

MUNICIPALITY

DATED 2.5.2018 ALONG WITH TRANSLATION. EXHIBIT P13OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY KOTHAMANGALAM

MUNICIPALITY

DATED 14.5.2018 ALONG WITH TRANSLATION. EXHIBIT P14OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY CHAVAKKAD MUNICIPALITY DATED 15.5.2018 ALONG WITH TRANSLATION. EXHIBIT P15OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY CHITTAR

GRAMA

PANCHAYAT

DATED 16.5.2018 ALONG WITH TRANSLATION. EXHIBIT P16OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY PATTAMBI MUNICIPALITY DATED 16.5.2018 ALONG WITH TRANSLATION. EXHIBIT P17OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY KODUNGALLUR

MUNICIPALITY

DATED 16.5.2018 ALONG WITH TRANSLATION. EXHIBIT P18OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY GURUVAYOOR

MUNICIPALITY

DATED 18.5.2018 ALONG WITH TRANSLATION. EXHIBIT P19OF THE QUERIES RAISED UNDER RTI ACT AND THE ANSWERS GIVEN BY MALAYATTOOR - NEELISHWARAM GRAMA PANCHAYAT DATED 27.4.2018 ALONG WITH TRANSLATION.

W.P(C).5673/2017 16 RESPONDENTS' EXHIBITS: ANNEXURE R1(a)OF THE LETTER NO. 42832/ F2/2017/HOME DATED 30.3.2017 RECEIVED FROM THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (F) DEPARTMENT ANNEXURE R1(a)OF G.O(RT) NO.1559/2020/LSGD DATED 20.8.2020 ALONG WITH THE GUIDELINES IN ENGLISH AND MALAYALAM EXHIBIT R4-AOF THE LETTER ADDRESSED TO THE SECRETARY ALUVA MUNICIPALITY ISSUED BY THE DEVASWOM COMMISSIONER