Application and grant of licence

(1) When any person desires to obtain a licence to sue any enclosed place or building for public resort or entertainment, or to construct any enclosure or building for such purpose, he shall send an application to the Commissioner setting forth the name of the owner of the place or building, its situation, size and description, the material of which the enclosure or building is made or proposed to be made, whether it is or is proposed to be permanent or temporary, and the purpose for which it is proposed to be used.

1. (2) Upon the receipt of any such application, the Commissioner 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. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.
2. (3) (a) If the Commissioner after consulting such authority or officer as the Government may from time to time by notification direct, is satisfied--
   • (i) that the enclosed place or building may safely be used for the purpose of public resort or entertainment proposed;
   • (ii) that no objection, arising from its situation, ownership, or the purpose proposed exists, he shall give to the applicant a written licence, signed by him, specifying the enclosure or building and the purpose for which it is to be used. Such licence shall be in such form and subject to such fee and conditions as the Government may, from time to time, prescribe.
   • (b) If the Commissioner is not satisfied as aforesaid, he may refuse a licence, recording his reasons for refusal in writing.
3. (4) Every licence granted 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.
   • • 350. Revocation or suspension of licence.- The Commissioner may, for reasons to be recorded in writing, revoke or suspend the licence when he has reason to believe --
   • (a) that the licences has been fraudulently obtained;
   • (b) that the enclosed place or building has been used for other purposes of public resort or entertainment than that for which the licence was granted;
   • (c) that the place or building can no longer be safely used for the purpose for which the licence was granted;
   • (d) that any condition of the licence has been contravened.
     • • 351. Appeal against order under section 350.- (1) Any applicant for a licence under this Act may appeal from any order made under section 350 to the municipal council.
4. (2) The appeal shall be made within thirty days from the day on which the applicant received the order appealed against.
5. (3) The appellate authority shall have the same power as the Commissioner to inspect and direct alteration or addition in the enclosed place or building. It may either grant or withhold the licence or make such order as it may think fit.
   • • 352. Power to enter place of public resort to inspect licence or to prevent further use.- It shall be lawful for any officer of police in charge of a station or of higher rank than head constable or any other officer duly authorised by the Government by notification, to enter at any time any enclosure or building for which licence is required under this Act, to inspect the licence, if any has been issued, and, if there is no licence or if the conditions of the licence are not observed and if he sees reason to apprehend imminent danger to the public, to prevent the further use of such enclosure or building as a place of public resort or entertainment.
   • • 353. Government may revise any proceedings under this Act.- The Government may call for and examine the record of any proceeding taken under this Act, may call for any report in connection therewith, may make or cause to be made any further inquiry and may pass any order which it may think fit.
   • • 354. Prohibition of smoking in certain places where entertainments are held.-
6. (1) If any entertainment (including a cinematograph exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in an enclosed place or building, then, no person shall, during the prohibited period as defined in sub-section (2) smoke either ---
   • (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 building in which accommodation is provided for members of the public: Provided that the Government may, by notification, exempt any class of entertainments from the provisions of this sub-section. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.
7. (2) For the purposes of section (1), “prohibited period” means so much of the period commencing thirty minutes before the beginning of the entertainment and ending with the termination thereof, as may fall within the hours which the Government may, by notification, specify in this behalf for entertainments generally or any class of entertainments.
8. (3) Any person who contravenes the provisions of this section shall be liable to be rejected summarily from the enclosed place or building by any police officer and shall also be punishable with fine which may extend to fifty-rupees.
9. (4) A person rejected 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. Trades, industries and factories