The Kerala Places of Public Resort Act, 1963 (No.40 of 1963)

228 THE. KERALA PLACES OF PUBLIC RESORT ACT, l963 (Act 40 of I963) Comm Preamble. Sections 1. Short title, commencement, extent and application. 2, Definitions. 3. No enclosed place or building with area of fifty square metres to be used for public resort or entertainment without a licence. 4. Application for licence. 5. Authority to whom application should be made. 6. Procedure on receipt ofapplication. 7. Grant oflicence. 8. Licence to state period for which it is to be in force. 9. Renewal oflicence. 10. Revocation or suspension oflicence. ll. Appeals. 12. Power to enter place of public resort or entertainment to inspect licence or to prevent further use. 13. The Government may revise any proceedings under this Act. 4:; [4. Prohibition ofsmoking in certain places whereentertainments are held. 15. Protection ofaction taken under the Act. 16. Penalties. l7. Duties ofPolice ofiicer. 18. Exercise of powers ofpolice officers by municipal servant. 19. Power to make rules. 20. Repeal. 2). Power to remove difficulties. ACT 40 OF 1963’ THE KERALA PLACES_OF PUBLIC RESORT ACT, 1963 _ An Act In unify andamend III: law relating to the [turning and inspection of plum afpublw man or mtntammznt m 1/2: Stale Ly"Kemla. Pitamb[£.—WHEREAS it is expedient to unify and amend the law relating to the licensing and inspection of places of public resort or .1—-\ entertainment in the State ofKerala; ‘ Received the assent of the Governor on the 2lst November, 1963 and published in the Gazette Extraordinarydated let November, 1963. 229 BE it enacted in the Fourteenth Year of the Republic of India as follows:— 1. Short tzlle, commencement, extent and appliazlwn.—(1) This Act may be called the Kerala Places of Public Resort Act, 1963, (2) Itshall come into force on such date as the Government may, by notification in the Gazette, appoint. (3) Itextends to the whole ofthe State of Kerala: Provided that the Government may in public interest exempt any area from the operation ofthis Act by notification in the Gazette. (4) Nothing in this Act shall apply to any temple, church, mosque or other place of public worship or to any building belonging to or under the control of the State or Central GOVernment. 2. Defimlium.—In this Act, unless the context otherwise requires,— (iz) “building" includes any house, hut, shed or roofed enclosure; (b) “place ofpublic resort or entertainment” shall mean any place, enclosure, building, tent, booth or other erection whether per- manent or temporary, where music, singing, dancing or any diversion or game or the means ofcarrying on the same is pmVided, and to which public are admitted either on payment 01 money or with the intention that money may be collected from those admitted, otherwise than for bonafidc charitable or religious purpose, and shall include a race- course, circus, theatre, music hall, billiard room, bagatelle room, gym- nasium and fencing school. 3. No enclosedplate or budding with arm qffzfty rquare man: to (74 10:4bepublic wonor entertainment without a litmus—No enclosed place or building, whether permanent or temporary, having an area of fifty square metres or upwards, shall be usedfor public resort or entertain- ment, unlessa licence has been previously obtained in the manner hereinafter provided. 4-. Applzcaliunfor [hence—When any person desires to obtain a licence to use any enclosed place or building as a place ofpublic resort or entertainment or to construct any enclosure or building for such purpose, he shall send an application to the authority speCified in sec- tion 5, setting forth the place or building, its situation, size and descrip. tion, the material of which the enclosure or building is made or pro- posed to be made.whether it is or proposed to be permanent or temporary and the purposes for which it is proposed to be used. 5. Ant/ton!)- to whom oppltoatwn should be made.—Such application shall be made—- (l) ifthe enclosed place orbuilding is situated in a city, to the commissioner ofthe corporation of the City; (2) if theenclosed place or building is situated in a munici- pality, to the commissioner ofthe municipality concerned; (3) ifthe enclosed place or building is situated in a township, to the Executive Officer of the township concerned; and Ll ____. 230 (4) if the enclosed place or building is situated in any panchayat area, to the executive authority of the panchayat con- cerned. --_.__-_______~_.c 6. Procedurean receipt Qfapplicatimr.—Upon thereceipt ofany such ap lication the authority to whom it is made shall inspect the place or building in respect ofwhich a licence IS required and may call on the applicant, by notice in writing, to make any alteration or addition in i)” the material or arrangement of the enclosure or building, or in the precautions for the safety of the public to be assembled therein and may refuse to grant a licence until the alteration or addition is made. 7. Grant of[warm—(l) Ifthe authority is satisfied— _._ (a) that the enclosed place or building may safely be used for the purpose of public resort or entertainment _- proposed; (1:) that no objection arising from its situation, ownership, possession or the purpose proposed exists, __.__\_~_.J‘\r\_.~_ e shall give the applicant a written licence, signed by him specrfyrng the enclosure or building and the pur- pose for which it is to be used. Such licence shall be in such form and subject to the payment of such fee and conditions as the Government may from time to time by rule direct. (2) If the authority is not satisfied as aforesaid he may refuse to grant a licence, recording his reasons for refusal in writing. 3. Limu'c In slalaperr'adfor which it x: to be inform—Every licence granted under this Act shall state the period for which it is to continue in force and shall cease to be in force on the expiration of that s.__._..._...b_._e_.-___.____ period. 9. Rtlltwdl oflicence—(l) A licence granted under section 7 may be renewed on an application bythe licensee presented within such time before the expiry ofthe licence, as may be prescribed. The pro- visions of sections 4, 5, 6, 7 and 8 shall, as far as may be, apply in relation to the renewal of a licence as they apply in relation to the grant ofa licence. (2) Ifanapplrmtionfor renewal ofa licence has beenpresented within the tune prescribed under subsection (1) and no order refusing renewal has been communicated to the applicant before the expiry of the term ofthe licence the applicant shall,notwithstanding such expiry, be deemed to have a valid licence till orders are received by him on his application for renewal. l0. Rcrracatt'an or stufiemzwt uflr'cmce—(l) Any authority grant- ing a licence under this Act may for reasons recorded in writing, revoke or suspend the same when he has reason to beheve~~ (a) that the licence has n fraudulently obtained ; or (b) that the enclosed place or building has been used for any purpose other than those for which the licence was granted; or 231 (c) ihat the place or building can no longer be safely used for the purpose for which the licence was granted ; or (d) that any condition ofthe licence has been contravened : Provided that no licence shall be revoked orsuspended without the licensee being given a reasonable opportunity ofshowmg cause against the proposed action. (2) A person whose licence is revoked or suspended under sub- section (1) shall not be entitled to the refund ofany fee paid in respect ofsuch licence or for any compensation in respect ofany loss sustained by such revocation or suspension. ll. Appeals.—(l) Any peison aggrieved may appeal from any order passed under section 6, section 7, section 9 or section 10. (2) The appeal shall be preferred within thirty days of the date on which the order was communicated. (3) The appeal shall lie,— (1) in the cities ofTrivandrum and Calicut, to the Council ofthe Municipal Corporation concerned ; (u) in any municipality, to the Municipal Council , (iii) in any township, to the Township Committee; and (iii) in any panchayat area, to the Panchayat. (4) The provisions of section 5 of the Indian Limitation Act, I908 shall apply to the appeals under this section. (5) The appellate authority shall have the same power to ins- pect and to require alteration or addition in the enclosed place or building as the authority to whom application is made under section 5, and may either grant or wnhhold the licence or make such other order as he thinks fit. 12. Power tn mter flat: of public ”sort or entertainment to nix/mt mm: or to prevent further use—The licensing authority or any person authorised by him in writing may enter at any time any enclosure or building for which licence is required under this Act, inspect the licence ifany has been issued, and ifthere is no licence, or ifthe conditions of the licence are not observed, prevent the further use of such enclosure or building as a place ofpublic resort or entertainment 13. The Govzmmmt mu} revise anypromdmg: unit” this Aet.—The Government may call for and examine the record of any proceeding taken under this Act, may call for any report in connection thercwnb, make or cause to be made any further enquiry, and may, after notice to h a o r ld tie in s g affected and hearing them, pass any order which the authority the proceeding might have passed : Provided that the Government shall not exercise the powers under this section in respect ofa proceeding from which an appeal is pending before the appellate authority under section I L 14. Prohibition ofxmokmg in certain plan: when :nterlainmmts an lietd.—(l) No person shall in any enclosed place or building used as a 232 place ofpublic resort 01 entertainment during the prohibited period as defined in sub-section (2), smoke—— (a) on the stage except in so far as smoking may be part of the entertainment, or (b) in the auditorium, that is to say, in that portion of the enclosed place or budding in which accommodation is provided for members of the public : Provided that the State Government may, by notification in the Gazette, exempt any class ofentertainments {mm the prowsions of this sub-section. (2) For the purposes of sub-section (1), ‘ prohibited eriod ’ means so much ofthe period commencing thirty minutes be ore the beginningofthe entertauiment and ending with the teimination thereof, as may fall within the hours which the State Government may, by noti- fication in the Gazette, specify in this behalf for enteitainments generally or any class ofentertainments. (3) Any person who contravenes the provisions of this section shall be liable to be CJCCICd summarily from the enclosed place or building by any police officer and shall also be punishable with fine which may extend to fifty rupees. (4) A person ejected under sub-section (3) shall not be entitled to the refund ofany payment made by him for admission to the entertainment or to any other compensation. 15. Pralmzan ty'arli'an taken under the AcL—No suit, prosecution or legal proceeding shall lie against any peison rm anything which is in good faith done 01 intended to be done in pursuance of this Act or the rules made thereunder. _ lG. Penalies.—(l) Eveiy person who, having the immediate control ofany enclosed place or building, uses or permits it to be used as a place ofpublic iesort or entertainment Without having obtained a licence or, having obtained a licence under this Act uses or permits such use in contravention ofany of the conditions ofsuch licence shall be liable, on conviction before a Magistrate, to fine which may extend to five hundred rupees. (2) Any fine imposed by a Magistrate undersub-section (”shall be recoverable by such Magisliate under the Code of Criminal Proce- dure, 1898 and the same shall on recovery be paid over to the authority mentioned in section 5. (3) Whenevm any person is conwctedofan offence in respect of the failure to obtain a licence in accordance With this Act, the Magist- rate shall, in addition to any fine which may be imposed, recover sum- marily and pay over to the authority mentioned in section 5, the amount offee chargeable {or the licence in accordance with the rules for the time being in force, and may in his discretion also recover sum- marily and pay over to the said authority such amount, if any, as he may fix as the costs of the prosecution. 233 (4) Notwithstanding anythingcontained in the foiegoing provi- sions, the licensing authority or any person authorised by hu’n shall be competent to seal any place of public resort or entertainment and prevent the further use of the place for such purpose if he is satisfied that the place ofpublic resort or entertainment is used or proposed to be used in contravention of any ofthe proviSionsof this Act orrules made thereunder : Provided that before taking action under this sub-section, the licensing authority or any person authorised by him shall give to the person against whom action is proposed to be taken an opportunity to Show cause within twenty-four hours ofthe intimation thereofwhy such action should not be taken. 17. Duties afpolue Wan—(l) It shall be the duty ofevery police officer—— (a) to communicate without delay to the licensing authority any information which he receives of the design to commitlor ofthe commissmn of any oflence under this Act or any rule made under it ; and (b) to assist the licensmg authority or any officer authorised by him reasonably demanding his aid for the lawful exerCisc of any power vesting in such authority or officer under this Act or any rule made under it. (2) Any police officer who omits or refuses to perform any duty imposed on him by this section shall be deemed to have commit- ted an offence under section 41 ofthe Kerala Police Act, 1960 (Act 5 of 1961). 18. Exercise (1 pawns of polite qflimx by municipal servant.— The Government may empower any officer or servant ofa local autho- rity to exercrse the powers ol'a police officer for the purposes of this Act. 19. Pawn to make "(ILL—(l) The Government may make rules to carry out all or any of the purposes ofthis Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period offourteen days which may becomprised in one session or in two successwe scssxons, and if, before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so however that any such modification or annulment shall be without prCJudice to the validity ofanything previously done under that rule. 20. Repeal.—The Madras Places of Public Resort Act, 1888 ~Ju— (Act II of 1888) as in force in the Malabar district referred to in sub- section (2) ofsection 5 ofthe States Reorganisation Act, 1956 (Central Act 37 of 1956) and the Tiavancore-Cocliin Places of Public Resort Act, 1951 (Act VIII of 1951) are hereby repealed. 234 21, Power to remove difliculliex.—Ifany difficulty arises in relation to the transition From the provisions ofany of the repealed enactments or in giving effect to the provnsions of this Act the Government may by order, as occasion requires, do anything not inconsistent with the provisionsofthis Act which appears to them to be necessary for the purpose ofremoving the difficulty : Provided that no such order shall be made after the expiration oftwo years from the commencementofthis Act.