The Kerala Places of Public Resorts Act

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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 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 or to 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 40 OF 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 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
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.
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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) It extends to the whole of the State of Kerala:
Provided that the Government may in public interest exempt any
area from the operation of this 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 of carrying 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 enclosed plate or budding with arm qffzfty rquare man: to (74
10:4be public won or entertainment without a litmus—No enclosed place or
building, whether permanent or temporary, having an area of fifty
square metres or upwards, shall be used for public resort or entertain-
ment, unless a licence has been previously obtained in the manner
hereinafter provided.
4-. Applzcaliun for [hence—When any person desires to obtain a
licence to use any enclosed place or building as a place of public 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) if the enclosed place or building is situated in a city, to
the commissioner of the corporation of the City;
(2) if the enclosed place or building is situated in a munici-
pality, to the commissioner of the municipality concerned;
(3) if the enclosed place or building is situated in a township,
to the Executive Officer of the township concerned; and

230
(4) if the enclosed place or building is situated in any
panchayat area, to the executive 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 and may call on the
applicant, by notice in writing, to make any alteration or addition in
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) If the 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,
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
period.
9. Rtlltwdl of licence—(l) A licence granted under section 7
may be renewed on an 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 ofa licence.
(2) Ifan applrmtion for renewal ofa licence has been presented
within the tune prescribed under subsection (1) and no order refusing
renewal has been communicated to the applicant before the expiry of
the term of the 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
i)”
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(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 of the licence has been contravened :
Provided that no licence shall be revoked or suspended without
the licensee being given a reasonable opportunity of showmg 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 of any fee paid in respect
of such licence or for any compensation in respect of any 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 of Trivandrum and Calicut, to the Council
of the 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
if any has been issued, and if there is no licence, or if the conditions of
the licence are not observed, prevent the further use of such enclosure
or building as a place of public resort or entertainment
13. The Govzmmmt mu} revise any promdmg: 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
arties affected and hearing them, pass any order which the authority
holding the proceeding might have passed :
Provided that the Government shall not exercise the powers
under this section in respect of a 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 of public 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 of entertainments {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
beginning ofthe 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 of entertainments.
(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 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 of any enclosed place or building, uses or permits it to be used
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, 1898 and the same shall on recovery be paid over to the authority
mentioned in section 5.
(3) Whenevm any person is conwcted 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 and pay over to the authority mentioned in section 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 and pay over to the said authority such amount, if any, as he
may fix as the costs of the prosecution.

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233
(4) Notwithstanding anything contained 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 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 him shall give to the
person against whom action is proposed to be taken 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 to the licensing authority
any information which he receives of the design to
commitlor of the 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 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 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 of this 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 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 in such modified form or be of no effect, as the case may be; so
however that any such modification or annulment shall be without
prCJudice to the validity of anything previously done under that rule.
20. Repeal.—The Madras Places of Public Resort Act, 1888
(Act II of 1888) as in force in the Malabar district referred to in sub-
section (2) of section 5 of the 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.

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21, Power to remove 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, as occasion requires, do anything not inconsistent with the
provisions of this Act which appears to them to be necessary for the
purpose of removing the difficulty :
Provided that no such order shall be made after the expiration
of two years from the commencementof this Act.

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