THE TAMIL NADU PLACES OF PUBLIC RESORT ACT, 1888
An Act to provide for the Inspection and Licensing of Places of Public Resort and Entertainment.
Preamble.
Whereas it is expedient to provide for the inspection of places of public resort and entertainment, and for the licensing of the same by competent authority; It is hereby enacted as follows:—
(These sections were substituted for original sections 1 and 2 by section 2 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960))
1. Short title and commencement.
(1) This Act may be called the (These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Older, 1969, which came into force on the 14th January 1969) (Tamil Nadu) Places of Public Resort Act, 1888.
(2) (a) It shall come into force at once in every municipality constituted or deemed to have been constituted under the (These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Older, 1969, which came into force on the 14th January 1969) (Tamil Nadu) District Municipalities Act, 1920.
(b) The State Government may, by notification, extend all or any of the provisions of this Act to any other local area in the State except the City of Madras from such date as may be specified in such notification and may cancel or modify any such notification.
2. Definitions.
In this Act, unless the context otherwise requires—
(a) 'building' includes any house, hut, shed or roofed enclosure;
(b) "executive authority" means the executive authority as defined in clause (8-C) of section 3 of the (These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Older, 1969, which came into force on the 14th January 1969) (Tamil Nadu) District Municipalities Act, 1920.]
(This section was substituted for the original section 3 by section 2 of the Places of Public Resort (Amendment) Act, 1949 (Madras Act XXXVIII of 1949))
[3. Licences for use of enclosed place or building foe public resort or entertainment.
In any area in which this Act is in force, no enclosed place or building, whether permanent or temporary, shall be used for public resort or entertainment in the following cases, unless a licence has been obtained in respect thereof under this Act:—
(a) In every case where the area within the enclosed place or occupied by the building is five hundred square feet or more;
(b) In case the area aforesaid is less than five hundred square feet, if the place or building is situated within the jurisdiction of a municipal council (These words, figures, brackets and letter were substituted for the words "or of a panchayat classified by the State Government as a major panchayat" by section 3 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960)) (or of a Panchayat classified as a Class I panchayat under clause (a) of sub-section (1) of section 5 of the (These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Older, 1969, which came into force on the 14th January 1969) (Tamil Nadu) Village Panchayats Act, 1950, or as a town panchayat under the (These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Older, 1969, which came into force on the 14th January 1969) (Tamil Nadu) Panchayats Act, 1958, and the public are allowed to take part in any game or competition therein.]
4. Application for licence: what it must contain.
When any person desires to obtain a licence to use 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 authority named in section 5, 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.
(Please see in this connection section 198 of the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920), according to which when the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888), is extended to a non-panchayat area, the authority to whom application for a licence shall be made and who may grant or refuse the licence shall be the executive authority of the District Board. Similarly under section 94 of the Tamil Nadu Village Panchayats Act, 1960 (Tamil Nadu Act X of 1950), when the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888) is extended to any village or part thereof, the said authority shall be the executive authority of the panchayat. Likewise under section 114 of the Tamil Nadu Panchayats Act, 1968 (XXXV of 1958), when Tamil Nadu Act II of 1888 is extended to any village, town or part thereof, the said authority shall be the executive officer in the case of panchayat towns and the commissioner in the case of panchayat villages)
5. Authority to whom application should be made.
Such application shall be made (These words were substituted for the words "to the Chairman of the Municipal Council" by section 4 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960)) [to the executive authority], if the enclosed place or building is within a municipal town, and in every other case (These words were substituted for the words "to any Magistrate" by section 4, ibid) [to any revenue officer not below the rank of Tahsildar] having jurisdiction over the local area in which the place or building is situated.
6. The authority shall inspect and may require addition or alteration to place or building.
Upon the receipt of any such application, the authority to whom application 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. When authority to grant licence.
(These words were substituted for the words “If the authority is satisfied" by section 2 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1966 (Tamil Nadu Act 3 of 1965))
[If the authority, after consulting such authority or officer as the State Government may from time to time by rule direct, is satisfied—]
(a) that the enclosed place or building may safely be used for the purpose of public resort or entertainment proposed;
(b) 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 (The words "Provincial Government” were substituted or the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950) [State Government] may from time to time by rule direct.
If the authority is not satisfied as aforesaid, he may refuse to grant a licence, recording his reasons for refusal in writing.
8. Licence to state period for which it is to be in force.
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. Revocation a suspension of licence.
Any authority granting a licence under this Act may, for reasons recorded in writing, revoke or suspend the same when he has reason to believe—
(a) that the licenoe 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;
(This clause was added by section 5 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960))
[(d) that any condition of the licence has been contravened.]
10. Appeal against order under section 6, 7 or 9.
(1) Any applicant for a licence under this Act may appeal from any order made under section 6, 7 or 9 unless such order has been made by the 6 7 or 9. (These words were substituted for the words "Magistrate of the district " by section 6 of the Tamil Nadu Places1 of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960)) [Collector of the district.]
(2) The appeal shall be made within thirty days from the day on which the applicant received the order appealed against.
(3) In a municipal town the appeal shall lie to the Municipal Council, and in every other local area to the (These words were substituted for the words “Sub-divisional Magistrate, or if the original order was made by a Sub-divisional Magistrate, to the Magistrate of the district " by section 6, ibid) [Revenue Divisional Officer, or if the original order was made by a Revenue Divisional Officer, to the Collector of the district].
(4) The appellate authority shall have the same power to inspect 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 withhold the licence or make such other order as it thinks fit.
11. Power to enter place of public resort to inspect licence or to prevent further use.
It shall be lawful for (These words were substituted for the words "any Magistrate or Officer of Police" by section 7, ibid) [any revenue officer not below the rank of Tahsildar or any officer of police] in charge of a station or of higher rank than head constable 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.
12. [Collector of the district] may revise any proceedings under this Act
The (These words were substituted for the words "District Magistrate" by section 8 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960)) [Collector of the district] may call for and examine the record of any proceeding taken under this Act, may call for any report in connexion therewith, may make or cause to be made any further inquiry, and may pass any order which the authority holding the proceeding might have passed.
(This section was inserted by section 3 of the Madras City Police and Places of Public Resort (Amendment) Act, 1981 (Madras Act XIII of 1951))
[12-A. Prohibition of smoking in certain places where enertainments are held.
(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 State Government may, by notification in the Fort St. George Gazette, exempt any class of entertainments from the provisions of this sub-section.
(2) For the purposes of sub-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 State Government may, by notification in the Fort St. George Gazette, specify in this behalf for entertainments generally or any class of entertainments.
(3) Any person who contravenes the provisions of this section shall be liable to be ejected summarily from the enclosed place or building by any Polios- 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.]
13. Penalties.
Every person who, having the immediate control of any enclosed place or building, permits it to be used for public resort or entertainment without having obtained a licence or, having obtained a licence under this Act, 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.
(Sections 13-A to 13-C were inserted, by section 2 of the Madras Places of Public Resort (Amendment )Act, 1947 (Madras Act XXIII of 1947))
[13-A. Act to apply to areas within three miles of municipal limits.
The provisions of this Act shall apply to all areas situated within a distance of three miles from the limits of any municipality, as if such areas formed part of such municipality:
Provided that this section shall not apply to—
(i) areas for the time being included within the limits of some other municipality, or
(ii) areas to which this Act has been, or may be, extended by a notification under (These words, figures, brackets and letter were substituted for the words, figures and brackets "section 1, sub-section (3)" by section 9 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960)) [section 1, subsection (2) (b)], so long as such notification remains in force.
13-B. Distribution of income derived by municipalities from outside municipal limits.
Where, by virtue of section 13-A, a municipal council derives any income under this Act from any area outside the municipal limits, such income shall be distributed between the municipal council and the local authority or authorities having jurisdiction over such area, in such manner as the (The word "State" was substituted for the word "Provincial by the Adaptation Order of 1950) (State) Government may specify in rules made under this Act.
13-C. Provision for cases where jurisdiction is transferred.
Where, by virtue of any notification issued under (These words, figures, brackets and letter were substituted for the words, figures and brackets "section 1, sub-section (3)" by section 9 of the Tamil Nadu Places of Public Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960)) [section 1, sub-section(2)(b)], or otherwise, jurisdiction under this Act over any area stands transferred from one officer or authority to another officer or authority, all licences granted, all orders passed, and all proceedings commenced, in respect of places, buildings and enclosures in such area, by or before the officer or authority having jurisdiction prior to such transfer, shall be deemed to have been granted, passed, or commended by or before the officer or authority having jurisdiction subsequent to such transfer.]
(This section was inserted by section 10, ibid)
[13-D. Act not to apply to church temple, mosque, etc.
Nothing in this Act shall apply to any church, temple, mosque or other place of public worship.]
14. Power to make rules.
(The original section 14 was renumbered as sub-section (1) of that section by section 11, ibid)
[(1)] The (The words "Provincial Government” were substituted or the words "Governor in Council" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950) [State Government] may, at any. time after the passing of this Act, and from time to time, make rules consistent with this Act, for carrying out the purposes thereof, and may amend or cancel the same. All such rules shall be published in the (These words were substituted for the words "Fort St. George Gazette" by the Adaptation Order of 1937) [Official Gazette] and shall come into force on the day on which they are so published or on such later date as may be specified in the notification publishing them.
(This sub-section was added by section 11 of the Tamil Nadu Places of Public Resort (Amendment)Act, 1960 (Tamil Nadu Act 20 of 1960))
[(2) All rules made under this Act shall, as soon as possible after they are made, be placed on the table of both Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.] |
