Tamil nadu act 054 of 1981 : Tamil Nadu Places of Public Resort (Amendment) Act, 1981

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Places of Public Resort (Amendment) Act, 1981.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Insertion of new section 4-A in Tamil Nadu Act II of 1888

2. Insertion of new section 4-A in Tamil Nadu Act II of 1888.- After section 4 of the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-

"4-A Conditions subject to which licence may be granted.- Notwithstanding anything contained in this Act of in any other law for the time being inforce, no application for licence under section 4 shall be entertained unless the following conditions are complied with by the applicant, namely:-

(a) the applicant shall give an undertaking in writing to the authority or officer referred to in section 5 that the enclosed place or building shall not be used for the purpose of displaying any indecent or obscene play or dance or other like performance or for the activities such as ring-throwing, arrow or pin-throwing or any other activity of a gambling nature as may be prescribed by the State Government in this behalf;

(b) the applicant shall, in the undertaking referred tc in clause (a) agree to abide with the piovisions of the law relating to the maintenance of law and order and decency in public places;

(c) the applicant shall along with the undertaking referred to in clause (a) also furnish a Security deposit far such sum as specified in the Schedule and in such manner as may be prescribed by the State Government in this behalf, for the due observance of the terms and conditions laid down in the said undertaking or the licence to be granted and in the event of non-compliance with any of the terms and conditions of the Said undertaking or licence the sum so deposited as security deposit shall be forfeited to the State Government;

Provided that no such forfeiture of the security deposit shall be made unless the applicant had been given a reasonable opportunity of being heard:

Provided further that the forfeiture of the security deposit under this clause shall not be a bar for proceeding against the holder of the licence under the provisions of section 9.".

Section 3. Amendment of section 7, Tamil Nadu Act II of 1888

3. Amendment of section 7, Tamil Nadu Act II of 1888.- In Section 7 of the principal Act, after clause (b) the following clause shall be inserted, namely:-

"(c) that the applicant has duly given the undertaking and furnished the Security deposit referred to in section 4-A".

Section 4. Amendment of section 9, Tamil Nadu Act II of 1888

4. Amendment of section 9, Tamil Nadu Act II of 1888.- Section 9 of the principal Act shall be renumbered as sub-section (1) of that section, and-

(a) in Sub-Section (1) as so renumbered, in clause (d) for the expression "licence", the expression "licence or the undertaking referred to in section 4-A" shall be substituted;

(b) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-

"(2) Notwithstanding anything contained in sub-section (1), in so far as it relates to suspension of any licence granted under this Act where a prima facie case has been made out, the authority may, at any time and for reasons to be recorded in writing, suspend any licence granted under this Act and in such a case, no show cauie notice is necessary.".

Section 5. Amendment of section 13, Tamil Nadu Act II of 1888

5. Amendment of section 13, Tamil Nadu Act II of 1888.- In section 13 of the principal Act, for the portion beginning with the expression "any of the conditions of such licence" and ending with the expression "five hundred rupees", the following shall be substituted, namely:-

"any of the conditions of such licence or of the undertaking referred to in section 4-A shall be liable on conviction before a magistrate, to fine which may extend to five hundred rupees and in addition, in the case of a continuing contravention, with additional fine which may extent to fifty percentum of the fine first imposed for every day during which such contravention continues after conviction for the first such contravention.".

Section 6. Addition of new Schedule to Tamil Nadu Act II of 1888

6. Addition of new Schedule to Tamil Nadu Act II of 1888.- After section 14 of the principal Act, the following Schedule shall be added, namely:-

"THE SCHEDULE

See clause (c) of section 4-A