Bengaluru, Aug 14 (IANS) The Karnataka government has proposed stringent penalties for unauthorised use of government premises and public property, with offenders facing up to three years in prison and/or a fine of up to Rs 5 lakh for the first offence. A second or subsequent offence could attract up to five years’ imprisonment and a fine of up to Rs 10 lakh.
The provisions are part of the controversial Karnataka Regulation of Use of Government Premises and Public Property Bill, 2026, which seeks to regulate the use of government lands, buildings, roads, parks, playgrounds, water bodies and other public property by private individuals, organisations, associations and societies. The Bill states that unauthorised use would amount to trespass and could also attract an additional fine of up to Rs 5,000 per day if the violation continues after conviction.
The bill is mooted by the state Home Department, headed by Minister Priyank Kharge.
A day after the Cabinet approved the Karnataka Regulation of Use of Government Premises and Public Property Bill, 2026, BJP State President and MLA, B.Y. Vijayendra, on Friday accused the state government of attempting to curb the activities of the RSS. He challenged Chief Minister D.K. Shivakumar and Home Minister Priyank Kharge to ban the organisation if they had the courage to do so.
The proposed law makes prior written permission mandatory for holding or organising a procession, meeting, assembly, function, celebration, event, training programme or any other activity on government property.
Under the Bill, an application must be submitted at least seven days before the proposed activity, excluding the day of the procession. If the competent authority does not communicate its decision within seven days, the application would be deemed to have been allowed.
The Bill defines a procession as a gathering of more than 10 people moving as a group on public property with a common objective. The definition specifically covers political, religious and social processions as well as route marches. Marriage and funeral processions and certain unorganised gatherings are excluded.
The competent authority, identified as the jurisdictional Deputy Commissioner, Superintendent of Police or another authorised officer, can refuse permission after an inquiry and consultation with the local body or police authorities. The reasons for rejection have to be recorded in writing.
The grounds for refusal include public order, decency and morality, safety and security of people and property, preservation of communal harmony, prevention of slogan-shouting or utterances that could cause nuisance or resentment among other religious, political, social, linguistic or cultural groups, traffic management, public inconvenience and protection of the original or intended use of the property.
Authorities can also impose conditions on permitted gatherings, including restrictions on timings, dispersal, noise levels and the number of participants. Restrictions can also be imposed on carrying articles capable of causing physical harm, including weapons, arms, guns, lathis and sticks.
Under the Bill, unauthorised use of government property would be prohibited and treated as trespass. The competent authority or an authorised officer can enter and inspect government property and take measures to prevent, stop or remove unauthorised use. Authorities can also evict unauthorised occupants with police assistance, though a show-cause notice is to be issued before such action unless immediate intervention is required in the interest of public safety or security.
The Bill also proposes strong enforcement powers. A police officer not below the rank of Sub-Inspector can arrest without a warrant a person who commits an offence under the proposed law. All offences under the Bill are proposed to be cognizable and non-bailable. Any unauthorised structure, object or material placed on public property can also be seized, confiscated or removed by the competent authority.
A person aggrieved by an order of the competent authority can appeal to the Commissioner of the concerned Division within 30 days. The appellate authority can confirm, modify or set aside the order after giving the parties an opportunity to be heard.
The Bill’s application form lays down detailed requirements for organisers seeking permission for a procession. Applicants have to provide the purpose and proposed route, expected number of participants, details and phone numbers of five persons responsible for the conduct of the procession, the number and type of vehicles, proposed start and end times and details of any organisation with which the applicant is affiliated.
The proposed licence conditions further require organisers to obtain a separate licence for the use of loudspeakers. They must ensure orderly conduct, adhere to the permitted timings and ensure that responsible members of the organisation are present during the procession. The conditions also prohibit slogans likely to annoy other religious, political, social, linguistic or cultural groups.
The Bill also states that its provisions will be in addition to existing laws governing public property and public gatherings, including the Karnataka Police Act, 1963, the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985, and the Bharatiya Nagarik Suraksha Sanhita, 2023.
The draft further empowers the government to frame rules covering the application process, fees for using government premises, inspection and eviction procedures and maintenance of records of permissions granted.
The Bill’s stated objective is to prevent unauthorised occupation and use of government property and ensure that public assets are preserved and used for their intended purposes.
The development has sparked controversy, with the move being viewed as an attempt by the Karnataka Congress government to target the public activities of the Rashtriya Swayamsevak Sangh (RSS).
–IANS
mka/dpb