Vidhi Codex

section 16

Penalties.

The Kerala Places of Public Resort Act, 1963
General196322 sections
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Statutory text
  1. (1) Every person who, having the immediate control of any enclosed place or building, uses or permits it to be used as a place of public-resort 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 2[two thousand and five hundred rupees.]
  2. (2) Any fine imposed by a Magistrate under sub-section (1) shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1898 and the same shall on recovery be paid over to the authority mentioned in section 5.
  3. (3) Whenever any person is convicted of an offence in respect of the failure to obtain a licence in accordance with this Act, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the authority mentioned in section 5, the amount of fee chargeable for the licence in accordance with the rules for the time being in 1 Substituted by Act 16 of 2000(w.e.f. 12th May, 2000). 2 Ibid. force, and may in his discretion also recover summarily and pay over to the said authority such amount, if any, as he may fix as the costs of the prosecution.
  4. (4) Notwithstanding anything contained in the foregoing provisions, the licensing authority or any person authorised by him 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. 1[(5) The licensing authority may, subject to such restriction and control as may be prescribed, compound any offence punishable under this Act, or any rules or bye-laws made thereunder which may, by rules, be declared compoundable.]

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