West bengal act 010 of 1933 : Bengal Places of Public Amusement Act, 1933

Section 1. Short title, local extent and commencement

1. Short title, local extent and commencement.- (1) This Act may be called the Bengal Places of Public Amusement Act, 1933.

(2) It extends to the whole of ²[West Bengal].

(3) This section, section 3 and section 12 shall come into force atone and the ³[State Government] may, by notification in the ⁴[Official Gazette], direct that the remaining provisions of the Act shall come into force in any area on such date as may be appointed in the notification.

Section 2. Definitions

2. Definitions.- In this Act unless there is anything repugnant in the subject or context,-

(1) "Calcutta" means the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866 (Ben. Act IV of 1866), together with the suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866 (Ben. Act II of 1866), and the on of Calcutta as defined by notification under section 5 of the Indian Ports Act, 1908 (XV of 1908);

(2) "Commissioner of Police" means the officer vested with the administration of Police in Calcutta under the Calcutta Police Act, 1866 (Ben. Act IV of 1866), the Calcutta Suburban Police Act, 1866 (Ben. Act II of 1866), the Calcutta Port Act, 1890 (Ben. Act III of 1890), and any Act amending any of these of Acts;

(3) "place of public amusement" means any place, enclosure, building, vessel, tent, booth or other erection, whether permanent or temporary, where music, singing, dancing or any diversion or game or the means of carrying on the same is provided and to which the public are admitted either free or on payment of money or on any other consideration and includes a carnival, circus or amusement park;

(4) "prescribed" means prescribed by rules made under this Act.

Section 3. Power to declare notified places of public amusement

3. Power to declare notified places of public amusement.- The ¹[State Government] may, by notification in the ²[Official Gazette], declare that any places, or classes of places, of public amusement, specified in the notification, shall be notified places of public amusement for the purposes of this Act.

Section 4. Prohibition to open or keep open in notified place of public amusement without a licence

4. Prohibition to open or keep open in notified place of public amusement without a licence.- No person shall without, or otherwise than in conformity with the conditions of, a licence granted under this Act open or keep open any notified place of public amusement.

Section 5. Licence to open and keep open a notified place of public amusement

5. Licence to open and keep open a notified place of public amusement.- (1) The Commissioner of Police in Calcutta and elsewhere the District Magistrate, within the limits of his jurisdiction, may, on receipt of an application in the prescribed form, containing the prescribed particulars and on payment or the prescribed fee, grant to any person a licence to open a notified place of public amusement and to keep the same open for such period as may be specified in the licence on such conditions as may be prescribed in this behalf.

(2) When under any law a licence is required from any local authority for any place which is a notified place of public amusement under this Act, no licence shall be granted under this Act in respect of such place until a licence has been obtained from the local authority concerned.

(3) A licence may be refused in any case in which the Commissioner of Police or the District Magistrate, as the case may be, has reason to believe that the notified place of public amusement will be conducted in contravention of any of the conditions of a licence which he is empowered to grant and or this Actor is likely to lead to a breach of the peace, or to cause obstruction, annoyance or injury to residents in the locality.

Section 6. Power to declare certain games to be against public interest

6. Power to declare certain games to be against public interest.- The ¹[State Government] may, by notification in the ²[Official Gazette], declare that the playing in any notification place of public amusement of any game or class of games specified in the notification is, in its opinion, against the public interest.

Section 7. Power to suspend the playing of certain games

7. Power to suspend the playing of certain games.- The Commissioner of Police in Calcutta or elsewhere the District Magistrate, within the limits of his jurisdiction may, by an order in writing served in the prescribed manner, suspend the playing, pending the receipt of the opinion of the ¹[State Government], in any notified place of public amusement, of any game or class of games which, in his opinion, is against the public interest and shall forthwith refer the matter to the ¹[State Government] for opinion:

Provided that no such order shall remain in force for more than two months after it is made.

Section 8. Power to close any notified place of public amusement

8. Power to close any notified place of public amusement.- (1) If the Commissioner of Police in Calcutta or elsewhere the District Magistrate, within the limits of his jurisdiction, is satisfied that any notified place of public amusement is being kept open without, or in contravention of the conditions of, a licence granted under this Act he may by an order in writing, served in the prescribed manner, direct that such place shall be closed within such period as may be specified in the order. If the place is not closed within the period so specified any police officer authorised in writing in this behalf by the Commissioner of Police or the District Magistrate, as the case may he, may take any steps which may be necessary to close the said place.

(2) The owner, the lessee or the manager of such place may apply in the prescribed manner to the Commissioner of Police or the District Magistrate, as the case may be, for revision of an order passed by him under sub-section (1).

(3) Any police officer not below the rank of an Assistant Sub-Inspector may enter any notified place of public amusement if he has reason to believe that such place is being kept open in contravention of the conditions of a licence granted under this Act.

Section 9. Penalty for unlawfully keeping open a notified place of public amusement

9. Penalty for unlawfully keeping open a notified place of public amusement.- If a notified place of public amusement is opened or kept open without, or in contravention of the conditions of, a licence granted under this Act the owner, the lessee or the manager of such place shall be punishable with imprisonment fore term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 10. Penalty for contravention of an order under section 8

10. Penalty for contravention of an order under section 8.- If a notified place or public amusement is kept open in contravention of an order served under section to the owner, the lessee or the manager of such place shall be punishable with fine which may extend to one thousand rupees for every day on which such place is kept open in contravention of the said order.

Section 11. Power of Deputy Commissioner of Police and Sub-divisional Magistrate

11. Power of Deputy Commissioner of Police and Sub-divisional Magistrate.- The ¹[State Government] may empower any Deputy Commissioner of Police in Calcutta or elsewhere any Sub-divisional Magistrate in exercise within the limits of his jurisdiction any of the powers of the Commissioner of Police or of the District Magistrate, as the case may be, under this Act:

Provided that any order passed by a Deputy Commissioner of Police or Sub-divisional Magistrate may be reversed or modified by the Commissioner of Police or the District Magistrate, as the case may be.

Section 12. Rules

12. Rules.- (1) The ¹[State Government] may, by notification in the ²[Official Gazette], make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:-

(a) the form of applications for the grant of licences under this Act and the particulars to be contained in such applications;

(b) the form of licences to be granted under this Act and the Tees to be paid for such licences;

(c) the conditions of licences to be granted under this Act:

Provision may be made by such conditions-

(i) for the conduct of the notified place of public amusement in a decent and orderly manner and for securing the decent and orderly behaviour of all persons visiting the same;

(ii) for the prevention or gambling therein;

(iii) prohibiting the playing of any game or class of games which in the opinion of the ¹[State Government] is against the public interest; and

(iv) prohibiting the playing, pending the receipt of the opinion of the ¹[State Government], of any game or class of games the playing of which is suspended under section 7;

(d) the manner in which orders made under section 7 or section 8 shall be served;

(e) the manner of making applications under sub-section (2) of section 8 for revision of an order passed under sub-section (1) of that section.

Section 13. Indemnity

13. Indemnity.- No civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under this Act.