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PUBLIC GATHERING ACT 1991
THE PUBLIC GATHERING ACT 1991
Act 30/1992

Proclaimed by [
Proclamation No. 10 of 1991] w. e. f. 30 th August 1991

ARRANGEMENT OF SECTIONS

1
Short title
2
Interpretation
3
Notice of public gathering
4
Conditions on public gathering and prohibition thereof
5
Putting an end to gathering
6
Public gathering being held without permission
7
Additional permission
8
Restriction on public gathering 9
Having offensive weapon at public gathering
10
Misbehaving at public gathering
11
Breaking up public gathering
12
Proposing violence at public gathering
13
Exercise and delegation of power
14
Regulations
15
Prosecution for offence
16
Publicity to order and direction
17
Affixing of notice
18
Penalty
19
Repealed
20
Repealed
21
Repealed
22
Repealed
23
Repeal
24
Commencement
To provide for the orderly conduct of public meetings and public processions

1 Short title

This Act may be cited as the Public Gathering Act 1991

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PUBLIC GATHERING ACT 1991
2 Interpretation

In this Act—

“Commissioner “means the Commissioner of P
olice;

“meeting” — (a)
means an assembly of 12 or more persons wherever convened or
organised for any purpose; but
(b)
does not include any meeting or assembly of persons convened or
organised exclusively for the purpose of any public or corporate body
held otherwise than in a public place;
“Minister” means the Minister to whom responsibility for the subje
ct of internal
affairs is assigned;
“offensive weapon” means any article made, or adapted for use, or
suitable for
causing injury to the person, or intended by the person having it in his
possession
or under his control for that use by him or by some other person;
“police officer” includes any officer of the Special Mobile Force;
“procession” means a body of persons or vehicles proceeding in suc
cession;

“public entertainment” means dancing, singing or music, charity ba
zaars, stage
plays or performances, cinematograph exhibitions given or held indoors o
r
outdoors, to which the public or any section of the public has been conv
ened or
has or is entitled or permitted to have access, whether on payment or ot
herwise;
“public gathering” means a public meeting or a public procession;
“public meeting” —
(a)
means any meeting held or to be held in a public place;
(b)
includes a meeting of school children, a sports meeting and a
meeting for public entertainment; but
(c)
does not include a meeting held exclusively for a religious purpose;

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PUBLIC GATHERING ACT 1991
“public place” means anyplace in which the public or any section o
f the public has
or is entitled or permitted to have access, whether on payment or otherw
ise;
“public procession” —
(a)
means any procession in, to or from, a public place consisting of 12
or more persons proceeding on foot or of more than one vehicle;

(b) does not include —
(i)
a procession held exclusively for a religious purpose;
(ii)
a marriage or funeral procession;
“public safety or public order” includes— (a)
the securing of the safety of persons and property;
(b)
the maintenance of supplies and-services essential to the life of the
community;
(c)
the prevention and suppression of violence, intimidation, disorder
and crime;
(d)
the prevention and suppression of mutiny, rebellion and concerted
defiance of and disobedience to the law and lawful authority; and
(e)
the maintenance of the administration of justice;
“road” includes any highway, street, thoroughfare, pathway, passag
e, footway,
pavement or square;
“sports meeting” means any race meeting, regatta or any athletic,
field game or
any other game, whether held indoors or outdoors, to which the public or
a section
of the public has been convened or has or is entitled or permitted to h
ave access,
whether on payment or otherwise;
“vehicle” — (a)
means any vehicle designed or adapted for use on any road; and
(b)
includes any other means of conveyance;
“vessel” includes any ship or boat.

3 Notice of public gathering
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PUBLIC GATHERING ACT 1991
(1)
Any person wishing to hold or organise a public meeting or a
public procession shall give written notice to the Commissioner not less

than 7 clear days before the day the meeting or procession is to be held
or
organised.
(2)
No public meeting and no public procession shall be advertised or
otherwise publicized unless notice has been given in accordance with thi
s
section.
(3)
Notwithstanding subsection (1), the Commissioner may, on good
cause shown to him, accept a shorter notice.
(4)
A notice under this section shall be in writing and shall, in relation
to the public gathering — (a)
state the date on which and the exact place at which the
meeting or procession is to be held;
(b)
state the time at which it will start and its approximate
duration;
(c)
in the case of a meeting, be accompanied by the written
authorisation of the person or authority owning, occupying or
administering the premises on which the meeting is to be held;
(d)
in the case of a procession, state the starting place and
destination of the procession and the route through which the
procession is to pass;
(e)
state the names and addresses of the organisers and bear
their signatures not exceeding three.
(5) Where notice to hold or organise a public meeting or public proces
sion
has been given under this section and the holder or organiser of the
meeting or procession decides thereafter to cancel or postpone it, notic
e
of the cancellation or postponement shall immediately be given to the
Commissioner.
(6) Any person who fails to comply with this section shall commit an
offence.

4 Conditions on public gathering and prohibition thereof
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PUBLIC GATHERING ACT 1991
(1)
The Commissioner shall have power, for the purpose of
preventing public disorder, damage to property or disruption of the life
of
the community, to impose conditions on the holding of the gathering.
(2)
When the Commissioner intends to exercise his power under
subsection (1), he shall within 48 hours from receiving the notice, ca
ll the
organisers and inform them of his intention and of the reasons thereof.
(3)
The Commissioner shall have power to prohibit the gathering
where he reasonably believes that imposing conditions would not be
sufficient to prevent public disorder, damage to property or disruption
of
the life of the community and shall inform the organisers within 48 hour
s of
receiving the notice.
(4)
Any person aggrieved by a decision of the Commissioner under
this section may refer the matter to the Judge in Chambers in the
Supreme Court who shall, after hearing the parties, make such order as
he may deem fit in the circumstances.

5 Putting an end to gathering
(1)
Where during the course of any public gathering any police officer,
not below the rank of Inspector, has reasonable grounds to believe that
the continuance of the gathering is prejudicial to public safety or publ
ic
order, he may direct the organiser of the gathering to put an end to it.
(2)
Any person who fails to comply with any direction given under this
section shall commit an offence.

6 Public gathering being held without permission
(1)
Where the Commissioner is informed that a public gathering is
about to be held or is being held without notice being given he may issu
e
such orders as he considers necessary and may-
(a)
use such force as may be necessary to prevent the holding of,
stop or disperse the public gathering;
(b)
enter any premises or place in which any gathering is taking
place; and
(c)
prohibit access to any public place, to prevent the public or any
person or class of persons from taking part in the public gathering.
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PUBLIC GATHERING ACT 1991
(2)
Where access to any public place is prohibited under subsection
(1), this fact shall be notified —
(a)
by means of notices exhibited; or
(b)
by the erection of physical barriers, at the points of access to the
public place; or
(c)
in such other manner as the Commissioner thinks fit.
(3)
Any person who —
(a)
neglects or refuses to obey any order issued under subsection
(1); (b)
without lawful authority, enters or remains in any public
place to which access has been prohibited under subsection (1),

shall commit an offence.

7 Additional permission
(1)
Subject to section 3, no public gathering may be held in any
public garden within the area of a local authority without the written
permission of the mayor or Chairman, as the case may be.
(2)
Subject to section 3, no public gathering shall be held on any
public beach without the written permission of the Beach Authority
(3)
The organiser of any gathering who fails to comply with this
section shall commit an offence and shall, on conviction, be liable to a
fine
not exceeding Rs 2,000.

(4) In this section, “Beach Authority” and “public beach” have the same
meaning as in the Beach Authority Act 2002.
Amended by [
Act No. 7 of 2002] 8 Restriction on public gathering

(1)
Except with the written authorisation of the Commissioner, no
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PUBLIC GATHERING ACT 1991
public meeting or public procession shall be held in the district of Por
t
Louis on any day on which the Assembly meets and sits.

(2)
Where a poll is to be taken on any day in an electoral area
under the Representation of the People Act, no public meeting and no
public procession shall, after 6 p.m. on the eve of that day, be held
anywhere in that electoral area.
(3)
No public meeting and no public procession shall be held in an
electoral area on the day of, and on the 3 days following, the declarati
on
of the result of the poll at any election in that electoral area conduct
ed
under the Representation of the People Act.
(4)
Any person who fails to comply with this section shall commit an
offence.

9 Having offensive weapon at public gathering
Any person who, while present at any public gathering, has in his posses
sion,
without lawful authority or reasonable excuse, any offensive weapon shal
l commit
an offence and shall, on conviction, be liable to a fine not exceeding 1
0,000
rupees and to penal servitude for a term not exceeding 5 years.

10 Misbehaving at public gathering
Any person who, at any public gathering, uses threatening, obscene, abus
ive or
insulting words or behaviour, whether or not directed against any person
, body or
group of persons, shall commit an offence.

11 Breaking up public gathering
Any person who, at any public gathering, acts in a disorderly manner for
the
purpose of preventing the transaction of the business for which the gath
ering was
called, or incites others so to act, shall commit an offence.

12 Proposing violence at public-gathering
Any person who, at any public gathering, makes any statement or behaves
in any
manner which is intended or which he knows or ought to know is likely to
incite or
induce any person — (a)
to assault any person or any class of persons;
(b)
to insult any person or any class of persons;
(c)
to damage any property;
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PUBLIC GATHERING ACT 1991
(d) to deprive any person by force or fear of the possession or use
of any property, either permanently or temporarily,
shall commit an offence and shall, on conviction, be liable to a fine no
t
exceeding 25,000 rupees or to penal servitude for a term not exceeding 1
0
years.

13 Exercise and delegation of power
(1)
Subject to subsection (2), the Commissioner may delegate the
powers conferred upon him by this Act to— (a)
the Deputy Commissioner of Police; or
(b)
an Assistant Commissioner of Police.
(2)
Where the powers conferred by this Act are required to be
exercised in respect of the Island of Rodrigues, the Commissioner may,
after consultation with the Minister, make such arrangements as may be
necessary for the exercise of those powers.

14 Regulations
The Minister may make such regulations as he thinks fit for the purposes
of this
Act.

15 Prosecution for offence
(1)
Notwithstanding any other enactment —
(a)
a prosecution for an offence under this Act shall take place,
at the discretion of the Director of Public Prosecutions, before —
(i)
the Intermediate Court; or
(ii)
a Magistrate;
(b)
a Court may, on motion by or on behalf of the Director of
Public Prosecutions, order that no person shall publish —
(i)
the name, address or photograph of any witness in
any case tried or about to be tried before it for any offence; or
(ii)
any evidence or any other matter likely to lead to the
identification of the witness;
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PUBLIC GATHERING ACT 1991
(c)
a court shall, at the request of the Director of Public
Prosecutions, in the interest of public safety or public order, exclude
from proceedings instituted for any offence under this Act, any
person other than the parties and their legal representatives.
(2) Any person who contravenes an order made under subsection (1) (
b)
shall commit an offence.

16 Publicity to order and direction
Except as is expressly otherwise provided, where an order is made or dir
ection
given under this Act, the Commissioner shall cause notice of the effect
of the
order or direction to be given as soon as may be, in such manner as he t
hinks
necessary for bringing it to the notice of all persons who, in his opini
on, ought to
have notice of the order or direction.

17 Affixing of notice
(1)
Any police officer may, for securing public safety or public order,
affix any notice to, or cause any notice to be displayed on, any premise
s,
vessel or vehicle.
(2)
Any unauthorised person who removes, alters, defaces or
obliterates a notice affixed or displayed under subsection (1) shall c
ommit
an offence.

18 Penalty
Any person who commits an offence under this Act for which no specific p
enalty is
provided or under any regulation made under this Act, shall, on convicti
on, be
liable to a fine not exceeding 2,000 rupees and to imprisonment for a te
rm not
exceeding 2 years.

19 Repealed

20 Repealed

21 Repealed

22 Repealed

23 Repealed

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PUBLIC GATHERING ACT 1991
The following enactments are repealed —
(a) The Public Order Act;
(b) Section 163 of the Local Government Act.

24 Commencement

Proclaimed by [
Proclamation No. 10 of 1991] w. e. f. 30 th August 1991

Related documents:
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