RSS ban: K’taka govt issues order regulating use of properties by private organisations

Bengaluru: Following the decision to make it mandatory for private organisations to obtain permission from the government to hold events, the Karnataka government has issued orders regarding the regulation of the use of government properties and premises by private organisations, associations or groups of persons.

The move has come from the government following the letter by Minister for RDPR, IT and BT Priyank Kharge to ban activities of Rastriya Swayam Sevak Sangh (RSS) in public places. The order is issued on Saturday by the Under Secretary to the Government, Home Department (Law and Order), S. Nagaraju.

The order underlines, “If any person or persons, organisations, association or group of persons or any other person agency on their behalf, holds any programme or procession in government properties in contravention of this Government Order, such programme or procession shall be considered as unlawful and assembly be treated as unlawful assembly as per the provisions of Bharatiya Nyaya Samhithe (BNS).”

The order also states, “The jurisdictional police officers shall take steps to prevent occurrence of any cognizable offence as per the provisions of Bharatiya Nagarika Suraksha Samhita (BNSS) 2023 and in the event of any occurrence of offence then the jurisdictional police shall register a case either upon information of other person or suo-moto by invoking proper penal sections of Bharatiya Nyaya Samhithe (BNS)2023.”

The order states, the Government of Karnataka hereby orders that any private organisation, association or group of persons shall use the Government property or premises only upon the prior permission of the concerned competent authority.

“Government property means and includes any land, building, structure, road, park, playground, waterbody or any other immovable property owned and managed by a local authority or department, board, corporation, under the control or vested in, entrusted with or maintained by the Government of Karnataka.

“Competent authority” means the jurisdictional Commissioner of Police or Deputy Commissioner of the District or any other officers authorised by the government. Organisation means any private association, society, trust, club, body of individuals or any other entity, whether registered or not, other than local authority or Government departments and undertakings,” the order says.

“Procession or Rally” means a congregation of more than 10 people called by any name, who are accompanied by music or otherwise, any other activity having a common object to carry on a common movement or route march passing through a government property except marriage and funeral gatherings and movements, the order states.

The order further specifies that the applicant shall apply before 3 days of the intended programme or event in writing to the Competent Authority seeking permission to use government properties and premises in a format prescribed by the Government authority, before 3 days of the intended programme or procession.

The Competent authorities may also exercise the powers conferred under the Karnataka Police Act 1963 for regulation of use of Government properties and Premises and for preservation of order in and along government properties or premises, the order says.

The applicant, after getting the licence or permission from the Competent authority, shall prepare such permitted programmes or processions, the order states.

The preamble of the order states its objective as to preserve, protect and properly utilise government properties and premises, playgrounds, parks, roads and other public assets. It is feasible to regulate the usage and maintenance of government properties and premises with prior approval and orders of the competent authority.

The jurisdictional Deputy Commissioner and Commissioner of Police are to be considered as the competent authority, to consider the applications, grant permissions, regulate the permitted functions, programmes and take legal action against the unpermitted usage, illegal occupation or encroachment of government properties and premises to ensure public safety and preservation of government properties, it states.

IANS