The Assam Municipal (Amendment) Act, 1935

ASSAM ACT V III OF 1935.
[Published in the Assam Gazette  of 18th December 
1938.]
TH E ASSAM M U N IC IPA L (AMENDMENT) 
ACT, 1935.
An Act further to amend the Assam Municipal  
Act, 1923,
. iT cam b ie. W hbrbas it is expedient further to amend the
Assam Municipal Act, 1923.
«  I t is hereby enacted as follows :—
•  Short Hilo.
1.(1) This Act may be called the Assam Mu­
nicipal (Amendment) Act, 1935.
C o m m e n cem en t. c o m 0  j n t o  f o r c e  o n  the first day of
January 1936.
n e w "<’r,io"oti0M  2. After section 236of the Assam Municipal 
S 3 6 A  to  2 3 «d. Act, 1923 (hereinafter referred to as the said 
Act), the following new sections shall be inserted.
“ 236A.(1) No premises shall be kept open for 
the purposes of regular gain by means of public 
cinematographic exhibitions, dramatic performan­
ces, circuses, variety shows, or as a place of public 
resort for similar recreations or amusements 
unless a license has been granted therefor by the 
Board at a meeting, which license shall be annual­
ly renewable, and in accordance with such con­
ditions as the Bonrd, subject to rule, may think 
fit to impose:
Provided, firstly, that such conditions shall not 
be inconsistent with the terms of any license 
which may be required for such premises under 
t any other Act ;
Provided, secondly, that this section shall not 
apply to private amateur performances or to per­
formances held wholly for the benefit of a charity, 
in any such place ; and
Provided, thirdly, that notwithstanding the 
provisions of section 59(2) the imposition of a 
license fee exceeding rupees one hundred on any 
cinema house or other place of amusement as 
aforesaid shall require the approval of the 
Local Government.
Price EngHs 'i. Id.} [Indian anna 1.

(2) If within a period of three months following 
the receipt of an application for license under 
this section the Board at a meeting has not 
passed orders thereon, either granting or refusing 
a license, it shall be deemed to have granted 
the license.
(3) No place within the municipality shall be 
used for the purpose of public cinematographic 
performances, circuses, variety shows, or as a 
place of public resort for similar recreations or 
amusements, otherwise than for the purpose of 
regular gain, without the previous permission cf 
the Board and in accordance with such conditions 
and on such terms as the Board, subject to rule, 
may see fit to impose.
236B. (1) Subject to the provisions of sec­
tion 236D any license "ranted under section 
236 A  may at any time be suspended or revoked 
by the Board at a meeting if any of the restric­
tions, limitations or conditions attached to the 
license be evaded or infringed by the grantee, or 
if the grantee be convicted of a breach of any 
of the provisions of the Act or of any rule or 
bye-law made thereunder in any matter to which 
such license relates, or if the grantee has obtained 
the same by misrepresentation or fraud.
(2) When any such license is suspended or 
revoked and until such order of suspension or 
revocation is cancelled, or when the period for 
which it was granted, or the period within which 
application for renewal should be made, has 
expired, whichever expires later, the grantee 
shall for all purposes of this Act, or any rule or 
bye-law made under the Act, be deemed to be 
without a license
236C. Every order of a Board at a meeting 
granting, refusing, suspending, revoking or modi­
fying a license or permission under section 236A 
shall be in writing, shall state the grounds on 
which it proceeds, shall be published on the notice 
board of the Board’s Office, and shall be served 
on the owner of the premises concerned within 
fourteen days.
236D, Any person aggrieved by an order grant­
ing, refusing, suspending or revoking a license or 
permission under the aforesaid section may, not­
withstanding anything contained elsewhere in this 
Act, appeal to the Local Government within thirty 
days from the date of the order. The decision 
of the Local Government shall be final and shall 
not be questioned in any Court.”

s» c tio n ',2 3 »nL“{  S- (* >  In section 239 of the said Act the word 
insertionofuew  “or” shall be inserted at the end of stib-section(2) 
2 * «  'on(xvin.>j and the following sub-section shall be 
and 297(XXIIa). a ( J d e d
“ (3) uses any premises for the purposes of 
public cinematographic exhibitions, dramatic per­
formances, circuses or variety shows, or as a 
place of public resort for similar recreations or 
amusements, in contravention of the provisions 
of section 236A.”
(m) In section 296 of the said \c t the follow­
ing new sub-clause shall be inserted :—
“ farpwaj regulate the conditions which may be 
imposed for the grant of licenses for places of 
public resort for recreations and amusements.”
(Hi)  In section 297 of the said Act the 
following new sub-clause shall be inserted :—
“ Crriia)  preventing nuisances affecting the 
public health, safety, or convenience in places of 
public resort for purposes of recreation or 
amusement.”
A. G. P. (Leg.) No. 192-726+726—16-1-1936.

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