Kerala act 040 of 1963 : The Kerala Places of Public Resort Act, 1963 (No.40 of 1963)

228

THE. KERALA

PLACES OF

PUBLIC RESORT

ACT,

l963 (Act ^40of

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 ^towhom

application

should^bemade.

6.

Procedure

on

receipt

of

application.

7. Grant of

licence.

8.

Licence to state

period

for

which it

is to be in force.

9. Renewal

of

licence.

10. Revocation

or

suspension

of licence. ll.

Appeals.

12. Power to enter

place ^of

public

resort or entertainment ^to inspect

licence^orto

prevent further ^use.

13. The

Government may revise any proceedings

under this Act. [4. Prohibition

of

smoking

in certain

places

where entertainments are held.

15. Protection

of action

taken under

the Act.

16. Penalties. l7. Duties of Police ofiicer.

18. Exercise of powers of

police

officers

by

municipal

servant.

19. Power to make

rules.

20.

Repeal.

2). Power to remove difficulties.

ACT ^40OF

1963'

THE KERALA

PLACES_OF

PUBLIC RESORT

ACT, ¹⁹⁶³_ An

Act

In

unify

and

amend III: law

relating

to the

[turning

and

inspection

of plum

afpublw ^manormtntammznt ^m1/2:Stale

Ly"

Kemla. Pitamb[£.—WHEREAS ^itis

expedient

to

unify

and amend

the law relating ^tothe

licensing ^and

inspection ^of

places ^of

public

resort ^or entertainment in

the State of

Kerala; '

Received the assent of the Governor on the 2lst

November,

1963

and

published

in the

Gazette

Extraordinary

dated

let

November,

1963 .

.1—-\ 4:;

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 ^theKerala Places of Public Resort

Act,

1963,

(2)

Itshall ^comeintoforce^{onsuchdateasthe}

Government may, by

notification ^inthe

Gazette, appoint.

(3) ^It

extends^tothewhole^oftheState^ofKerala:

Provided that the Government may in

public

interest

exempt

any area from the

operation

of this Act

by

notification in the

Gazette.

(4) Nothing ^inthisActshall

apply ^{to any}

temple,

church, mosque ^orother

place ^of

public

worship ^{orto 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^anyhouse,^{hut, shedor}

roofed enclosure;

(b) "place ofpublic

resort^orentertainment" 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 of carrying ^on

the same is

pmVided,

and to which public ^are

admitted either ^on

payment ⁰¹money ^orwiththeintention 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 enclosed

plate

or

budding

with arm

qffzfty

rquare

man: to (74

230

(4) ^ifthe

enclosed

place ^or

building ^is

situated ⁱⁿany panchayat

area, ^totheexecutive

authority ^{of the}

panchayat ^con- cerned.

6. Procedure ^an

receipt

Qfapplicatimr.—Upon

the

receipt

of any such ap lication

the

authority ^to

whom

it

is made shall

inspect

the

place ^or building ⁱⁿ

respect ^of

which^a

licence^IS

required ^andmay^callonthe applicant, by

notice ⁱⁿ

writing, ^tomakeany alteration^oraddition ⁱⁿ the material or

arrangement of

the

enclosure

or

building,

or in the precautions ^{for the}

safety ^ofthe

public ^tobe

assembled therein and may refuse to

grant

a

licence until the

alteration or addition

is made.

7. Grant

of [warm—(l)

If the

authority

is

satisfied—

(a) ^thatthe

enclosed

place ^or

building may safely ^beused for the purpose of

public

resort or entertainment proposed;

(1:) ^thatno

objection arising ^{from its}

situation,

ownership, possession or the purpose proposed

exists, e hall

give

the

applicant

a written

licence,

signed by him

specrfyrng

the

enclosure or

building

and the pur- pose for

which ^itis^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) ^Ifthe

authority ^{is not}

satisfied ^asaforesaid^hemay 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^thisAct

shall state^the

period ^for

which ^{it is to}

continue in force and shall cease

to be

in force on the

expiration

of that period.

9. Rtlltwdl

of licence—(l)

A

licence

granted

under section

7

may be renewed ^onan

application

by ^the

licensee

presented

within

such time

before

the

expiry

of the

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 ^ofalicence.

(2) ^Ifan

applrmtion ^forrenewal^ofalicence^hasbeen

presented within ^thetune

prescribed

under

subsection

(1)

and no order

refusing renewal ^hasbeencommunicated^to

the

applicant

before ^the

expiry ^of the term of ^the

licence ^the

applicant shall,notwithstanding

such

expiry, be deemed ^tohaveavalid

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^{thisActmayfor}reasons recordedⁱⁿ

writing,

revoke or

suspend

the same when he has

reason

to

beheve~~

(a) ^thatthelicence^hasn

fraudulently

obtained^{; or}

(b) ^{that the}enclosed

place ^or

building ^{hasbeenused for} any purpose other

than those for which the licence^was granted; ^or

i)"

s.__._..._...b_._e_.-___.____ __.__\_~_.J'\r\_.~_

_-

_._

--_.__-_______~_.c

____.

Ll

231

(c) ^{ihat the}

place ^or

building ^canno

longer ^be

safely ^used for the

purpose

for which the licence^was

granted

; ^or

(d) ^thatanycondition^ofthelicence^hasbeencontravened ^:

Provided that no licence

shall^berevoked^or

suspended

without the

licensee

being given ^a

reasonable

opportunity ^of

showmg

cause against ^the

proposed

action.

(2) ^Aperson whose

licence^isrevoked ^or

suspended

under ^sub- section

(1)

shall ^{not be}

entitled ^tothe

refund ^ofany^fee

paid ⁱⁿ

respect of such licence ^orfor any compensation ⁱⁿ

respect

of any loss sustained by ^suchrevocation ^or

suspension. ll.

Appeals.—(l) Any peison

aggrieved

may

appeal

from any order

passed

under section

6,

section

7,

section ^9orsection^10.

(2) ^The

appeal

shall^be

preferred

within

thirty^{days ofthe} date on which the order ^was

communicated.

(3) ^The

appeal

shall

lie,—

(1) ^inthecities^of

Trivandrum^and

Calicut, ^tothe

Council of the

Municipal

Corporation

concerned ;

(u) ^inanymunicipality, ^tothe

Municipal

Council^,

(iii) ^inanytownship, ^tothe

Township

Committee; ^and

(iii) ^inany

panchayat

area, ^{to the}

Panchayat.

(4) ^The

provisions ^ofsection ^{5 ofthe}Indian Limitation ^Act, I908 shall

apply ^to

the

appeals

under

this section.

(5) ^The

appellate authority

shall^havethesame

power ^toins- pect and ^to

require

alteration^oraddition ^inthe

enclosed

place ^or building ^asthe

authority ^towhom

application ^ismadeunder section ^5, and may either grant

or wnhhold

the licence ^or

make such other order as he thinks fit.

12.

Power^tnmter

flat:

of public

"sort ^or

entertainment to

nix/mt mm: or to

prevent further

use—The

licensing authority

or

any

person authorised

by ^himin

writing may

enter^at

any time any enclosure or building ^for

which licence ^is

required

under^{this Act,}

inspect ^thelicence if any has been

issued, ^andif there is^no

licence, ^orif the

conditions of the licence ^arenot

observed, prevent ^thefurther^use

of^such

enclosure or

building ^asa

place

of

public

resort^orentertainment

13. The

Govzmmmt mu} revise any promdmg:

unit" this Aet.—The Government may^{call forand}examine^therecord ^ofany

proceeding taken

under^this

Act, may^callfor

any report ⁱⁿconnection

thercwnb, make or

cause^tobe

made any further

enquiry,

and may, after notice ^to arties affected and

hearing

them, pass

any order which the

authority holding ^the

proceeding

might ^have

passed ^:

Provided ^thattheGovernment shall ^not

exercise^thepowers under ^this

section ⁱⁿ

respect ^{of a}

proceeding

from

which an

appeal ^is pending

before^the

appellate authority

under section ^IL

14. Prohibition

ofxmokmg ⁱⁿ

certain

plan:

when :nterlainmmts an lietd.—(l) ^Noperson shall ^inanyenclosed

place ^or

building ^{usedas a}

232

place ^of

public

resort ⁰¹

entertainment

during ^the

prohibited period ^as defined in

sub-section

(2),

smoke——

(a) ^onthe

stage except ^insofaras

smoking

may^be

part ^of the entertainment,

or

(b) ^inthe

auditorium, ^{thatisto say, in that}

portion ^ofthe enclosed

place

or

budding

in which

accommodation

is provided ^formembers^{of the}

public ^:

Provided that the

State Government may, by

notification

in the

Gazette, exempt any class

of

entertainments {mm the

prowsions

of this sub-section.

(2) ^{For the}purposes ^ofsub-section

(1),

'

prohibited

eriod '

means so much

ofthe

period commencing thirty

minutes be ore the beginning

ofthe entertauiment^and

ending ^withtheteimination

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^whocontravenes^the

provisions ^ofthis 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^notbe entitled ^to

the refund of any 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 ^itto^beused as a

place

of

public

iesort or entertainment Without

having

obtained a licence or,

having

obtained a licence under this Act uses or

permits such use in contravention of any of the conditions of

such

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

under sub-section

("shall be recoverable

by

such

Magisliate

under

the Code of Criminal Proce- dure, ^{1898andthesame}

shall^on

recovery^be

paid ^overtothe

authority mentioned ⁱⁿsection^5.

(3)

Whenevm^any

person^isconwcted ^ofan

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 ^andpay ^{over to the}

authority

mentionedⁱⁿsection ^{5, the} amount of fee

chargeable

{or the licence in accordance with the rules for

the

time

being

in

force,

and may in his discretion also recover sum- marily ^andpay ^{overtothe said}

authority ^suchamount,^ifany, ^ashe may fix^asthe costs of the

prosecution.

~Ju—

233

(4) Notwithstanding

anything

contained ^{in the}

foiegoing provi- sions, ^the

licensing authority ^or

any person authorised

by ^hu'nshall^be competent ^{to seal}any place ^of

public

resort^orentertainment ^and prevent ^thefurther^useofthe

place ^forsuchpurpose^{if he is}satisfied that the

place

of

public

resort or entertainment is used

or

proposed

to be used in

contravention of any of the

proviSions

of this Act or rules made thereunder :

Provided ^that

before

taking

action under ^this

sub-section, ^the licensing authority ^or

any person authorised

by ^himshall

give ^{to the} person

against

whom action is

proposed ^tobetaken^an

opportunity ^to Show cause within

twenty-four

hours of the intimation thereof

why

such action should

not be

taken.

17. Duties

afpolue

Wan—(l)

It shall be the

duty

of every police officer——

(a) ^to

communicate without

delay ^tothe

licensing authority any information which he receives of the

design ^to commitlor ^ofthecommissmn^ofany 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 ^{hisaid 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 ^whoomits^orrefuses ^to

perform any duty

imposed ^onhim

by ^thissection shall^bedeemed ^{to have}

commit- ted an

offence under section 41 of the 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 of

a

local

autho- rity ^toexercrse^thepowers^ol'a

police

officer ^forthepurposes^ofthis Act.

19.

Pawn

to

make

"(ILL—(l)

The Government may make rules to

carry

out all or

any of the

purposes

of this Act.

(2) Every ^rulemade

under ^thisActshall^be

laid, ^assoonas may be after it^is

made,

before the

Legislative

Assembly

while ^it

is in session for a

total

period

of

fourteen

days

which may be

comprised

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 ^insuch

modified^{form or beofno}

effect, ^asthecase

may be; ^so however that any such

modification or annulment shall be without prCJudice ^tothe

validity ^of

anything

previously ^doneunder ^that

rule.

20.

Repeal.—The

Madras Places of Public Resort

Act,

1888

(Act ^IIof

1888) ^asin

force^{in the}Malabar district referred^{toin sub-} section

(2)

of section⁵

of the States

Reorganisation

Act,

1956

(Central Act 37 of

1956)

and the Tiavancore-Cocliin

Places

of

Public

Resort

Act,

1951

(Act

234

21, Power ^toremove

difliculliex.—Ifany difficulty

arises in relation to the transition From

the

provisions

of any of

the

repealed

enactments or in

giving

effect

to the

provnsions

of this Act the Government may by order, ^asoccasion

requires, ^do

anything ^notinconsistent^withthe provisions ^ofthisActwhich appears ^{to them to be}necessary^forthe purpose ^of

removing

the

difficulty ^:

Provided that ^nosuchorder shall be made

after^the

expiration of ^two

years ^fromthe commencementof this ^Act.