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304 Locat Authorities' Loan [IS88 T.N. Act 1

Canoellation

or alteration

of rules.

Places of Public Resort

[1888: T.N.Act II

The

l[State

Government] may, in

like manner,

from time to time, cancel or alter such rules.

2(TAMIL NADU) ACT No. I1 OF 1888s. [THE4(T~~~~NADU)PLACES OF PUBLICRESOBT

AUT,1888.1

(Received the assent of the Governor on the 12th April 1888, and of the Governor-General on the 31st May

1888.)

--

--

1 The words '* Provincial Government " were substituted for the words " Governor in Cynoil " by the Adaptation Order of

was substituted for " Provinoial "

by the Adaptation Order of 1960.

1937 and the word " Stato

.

a These words were substituted for the word " Madres " by

the Tamil Nadu

the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. which came into force on the 14th January 1969. a For Statement of Objects end Reasons, see Fort St. George Cfazette Supplement, dated the 8th November 1887, p. 19; for Report of the Seleot Committee, 8ee ibid, dated the 31st January 1888, p. 1; for Prooeedings in Council, aee aid, dated the 29th November 1887, p. 6 ; and &bid,dated the 27th March 1888, p.11.

Adaptation of Laws Order, 1969, as amended by

This Act was extended to the merged State of Pudukkottai by seotion 3 of, and the First Sohedule to, the Tamil Nadu Merged Ndu Aot XXXV of 1949). (l), of the Tamil Nedu Cinemas

provisione

of this Act shall not apply to any application made under the said sub-section by any person who intends to use any place for the exhibition of oinemetograph h.

Any law corresponding to the Tamil Ndu Places of Publio Resort Act, 1888 (Tamil Nadu Aot 11 of 1888) ae mended by the Tamil Nadu Plaoes of Publio Resort (Amendment) Act, 1960 (Tamil Nadu Act 20 of 1960) in force in the transferred territory

before the 12th Ootober 1960 shall stand repealed on the

date by virtue of motion 12 of the Tamil Nadu Plaoes of Publio

Resort (Amendment) Aot, 1960 (Tamil Nadu Aot

In its application to any villsge, town or part thereof to which this Act may be extended by the Government, oertein modsoa- Bions have been made by section 94 of the Tamil Nadu Village Panohayats Act, 1950 (Tamil Nadu Aot X of 1910) and by seotion 114 of the Tamil Nadu Panohayata Aot, 1968 (Tmil Nadu Aot XXXV of 1958). 4 These words were substituted by the Tmil Nadu Adaptation

of

of Laws (Second Amendment) Order, 1969 for the word

which was inserted by seotion 3(1) of, and the Seoond Sahedule to:

the Tamil Nadu Repeal& and Amending Aot , 1961 (Tamil Nedu Aot XIV of 1951).

Regulation Act, 1965 (Tamil Nadu Act IX of 1955), the

mid

20 of 1960).

Laws Order, 1969, as amended

by tbe Tamil Nedu Adaptation

" Ma&= "

r

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1888:T.N. Act Il]

Places of Pzcblic Resort

866

An Act to pravide for the Inspection and Licensing of Places of Public Resort and Entertainment.

WHEREASit is expedient to provide for the inspeotion P-b~

of places of public resort and entehinment, and for the licensing of the same by uompetent authority ; It is hereby enacted as follows :-

I[$.

(1) This Act may be otllled the a(TamilNadu) Short title

Places of Publio Resort Act, 1888.

.nd ment. commenw*

(2) (a) Ib shall come into force at once in every municipality constituted or deemed to have been constituted under the 2(Tamil Nadu) District Munici- palities 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 Madme

from auoh date as may be specified in suoh notifimtion and may cancel or modify any such notification.

2.

In

this Aot, unless

the

oontexb

otherwise Defhitionm.

requires-

(a) 'building ' inoludes any house, hut, shed or roofed enolosure ;

exeoutive

authority tcs defined in clause (8-C) of section 3 of the

'(Tamil Nadu) Distriot Munioipalities Act, 1920.1

(b) "exeoutive

authority" means the

1These eeotions were substituted for original sections 1 and 2

Resort

motion 2 of

b

(Lendment) Aot, l9BO (Tamil Nadu Aot 20 of 1960).

the Tamil Nadu Places

of

Public

2 Thew words +re mbstituted for the word "Madree" by the

1969, arc amended by the

Tamil Nadu Adaptation of

Tamil Nadu Adaptation of Laws (Second Amendme*) 1g69,whioh oame into force on the 14th January 1069.

Lawe Order,

Order,

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306 Places

of Public Resort

[i888: T.N. Act 11

Licences for use Of enclosed p!ace or building for public rePoIr 3r entertain- ment.

Application

fcr licence:

what it

muat

oontain.

l[3. In any area in whioh this Act is in force, no enclosed plaoe or building, whether permanent or temporary, shall be used for public resort or enter- tainment 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 juri~diction of a municipal counoil a(or of a Panchayat olassified as a Class I panchayat under clause (a) of sub-seotion (1) of section 5 of the a[Tarnil .(Tamil Nadu) Village Panchayats Act, 1960, or as !$g Of

a

Panchayats Act, 1958, and the public are allowed '[Tamil

to take part in any game or competition therein.]

town

panohayat

under

the

'(Tamil

Nadu) 1960.

""I,::

xxxv

of 1968.

4. 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 sen&an application

to the authority named in section 5, setting forth

the name of the owner of the place or building, its

1 This seotion was substitutod for the original seotion 3 by

section

(Madras Act XXMII

2 of the Places of Public Resort (Amendment) Act, 1049

of 1949).

a These words. figures, brackets and letter were substituted

for the words " or of a p~nchayatclrtssified by the State hvernment as a major panohayat by seotion 3 of the Tamil Ndu Plaoea

1960 (Tamil Nadu Act 20 of

of Publio Resort (Amendment) Aot,

1960).

. a 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 (Seoond Amendment) Order,

1969, whioh oame into foroe on

the 14th January 1969.

1888: T.N. Act II]

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Places of Pub&sHesort

307

situation, size and desoription, the maferial of whioh the enclosure or building is made or proposed to be made, whether it is or is proposed to be permanen6 or temporary, and the purpose for whioh it is proposed

to be used.

l5. Such application shall be made a[to the executive Authority to

:[:zd

authoriby], if the enclosed place or building is within a 2::

munioipal town, and in every other oase a[to any be made. revenue offioer not below the rank of Tahsildar] having jurisdiction over the looal area in whioh the plaoe or building is situabed.

6. Upon the reoeipt of any suoh applioation, tho authority to whom appIioation is made shall inspect ~h~ the place or building in respect of which a licenoe is shell required, and may oall on the applicant, by notice in ~~~&?~e writing, to make any alteration or addibior. in the addition or material or arrangement of the enclosure or building, alteration to or in the precautions for the safety of the public to be pb\%zg, assembled therein, and may refuse to grant a licence until the alteration or addition is made.

7. 4[If the authority, after consulting such authority

or officer as the State Government may from time to When

time by rule direct, is satisfied-]

-

authority to

grant licerce.

--

1 Plew sea in this connection section 198 of the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XN of 1920),according to which when the Tamil Nadu Places'of Public Resort Act, 1888

(Tamil Nadu Act I1 of 1888),is extended to ftnon-panchayat area, the authority to whom appl~cationfor a hcence shall be made and who may grant or refuse the licence shall be the executive

authority of

Tamil Nadu Village Panchayats Act, 1960 (Tamil Nadu Act X of

the District Board. Similarly under section 94 of the

1960), when the Tamil Nadu Places of Public Resort Act,

1888

extended to any village or part

thereof, the said authority shall be the executive authority of the

panchayat.

Panohayat9 Act, 1968 (XXXV of 1968),when Tamil Nadu Act I1

of 1888 is extended to any village, town or part thereof, the said

oase of panchayat

towns and the commissioner in the oase of panchayat villages. 8 Them words were substituted for the words " to the Chairman

of the Munioipal Council " by section 4 of the Tamil Nadu Places

of

Public Resort (Amendment) Act, 1960 (Tarnil Nadu Act 20

authority shall be the executive officer in the

(Tamil Nadu Act I1 of 1888)is

Likowise under

section 114 of the Tamil Nadu

4 of 1960).

3 These words weresubstituted for the words "to any Megistrate " by eeotion 4, ibid.

4

These WO&

were substituted for the

If the authority

ie eetiefied " by motion 2 of the Tamil Ndu Pleoea of Publio Re&

(Amendment) Aot, 1966 (TamilNadu Aot 3 of 1966).

12Ei-19-~OA

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SO^

Pla~of Pubtic Re~ort

[I888 : T.N.Aet I1

(a) that

the

enclosed plaoe

or

building

may

safely be used for the purpose of publio resort or entertainment proposed ;

(b) that no objection, arising from its situation, ownership, or the purpose proposed, exists, he &all give to the applicant a written licence, signed by him, specifying the enolosure or building and the purpose for which it is to be used. Such lioence shall be in such form and subject to suoh fee and conditions as the l[State Government] may from time to time by rule direct.

If the authority is not satisfied as aforesaid, he may refuse to grant a lioence, recording his reasons for refusal in writing.

8. Every licence granted under this Act shall state the period for which it is to continue in form,

Licence to

state period

for which it

is to be in

force. 8nd shall cease to be in form on the expiration of that period.

granting a licence under this

writing, revoke or

Revomtion

suspens'on

licence.

a

9. Any authority

of Act may, for reasons recorded in

(a) that

the

suspend the same when

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 Che place or building can no longer be safely used for the purpose for which the lioence was granted;

2[(d) that any condition of the licence has been contravened.]

he has reason to believe-

has

been

licenoe

'The

she words

words " Provincial Government " were substituted for " Governor in Counoil " by the Adaptation Order f:

1937 end the word " State " wwee substituted for " Provincial by the Adeptation Order of 1960.

Thh ohuse was added by eeotion 6 of the Tamil Nedu

Ph

of Publio Resort (Amendment) Aot, 1960

1960).

(Tamil Nadu Act 20 of

r

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1888 : T.N.Act 11]

Places of Public Resort

309

10. (1) Any

applioant for

a

lioence

under

this Appeal

Act may

appeal from any order made

under section ~$e?,s~~f~~

6, 7

or

9 unless

suoh order has been made by the 6 7 or 9.

l[Colleotor of the district .]

(2) The appeal shall be made within thirty days from the day on whioh the applicant received the order appealed against.

(3) In a munioipal town the appeal shall lie to the Munioipal Council, and in every other local area to the Z[Revenue Divisional Officer, or if the original order was made by a Revenue Divisional Officer, to the Collector of the district].

I

i

I

(4) The appellate authority shll have the same power to inspeot and to require alteration or addition in the enclosed place or building as the authority to whom application is made under section 6, and may either grant or withhold the licence or make such other order as it thinks fit.

11. It uhall be lawful for

rank of Tahsildar or any offioer of :;~r""$~

3[any revenue

offioer

not below the

police] in ohazgrge of a station or of higher rank than ofpublic

head mnstable to enter at any time any enolosure resort to or building for whioh licence is required under this ~~e~''br Aot, to inspeot; the lioence if any has been issued, prevent

and, if

lioence 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 pIace of public resort or entextainment.

there is no lioence or if the

conditions of the further use.

1 These words were substituted for the words " Magiatrate of the dietriot " by section 6 of the Tamil Nadu Places of Public Resort (Amondment)Act, 1960 (TrmilNndu Act 20 of 1960.)

i- s These words were substituted for the words ' Sub-divisional Magistrate, or if the original order was mado by a Sub-divisional ~h~istrate,to the Magistrate of the district " by section 6, ibid.

I

3 These words were substituted for the words "any Magistrato or Ofacer of Poliae" by section 7, ibid.

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310 Places of Public Rcrort

[I888 : T.N. Act 11

[Colleotor 12. The l[~liectorof tho distriot] may call for

and examine the record of any proceeding taken

revls. under this Act, may oall for any report in oonnexion

therewith, may make or cause to be made any further

whioh the authority

of the

dintriot].

ens proceed-

*this ~ot.under

inquiry, and may pass any order

holding the prooeeding might have passed.

Prohibition 2112-A.(1) If any entertainment

ofsmoking

in Oertein

olaoe~where

held.

matograph exhibition, dance or

(including a oine- drama) to which

.members of the public are admitted, whether on

Icertain- payment or not, is held in an enclosed place or building,

113nts=e then, no person shall, during the prohibited period

as defined in sub-seotion (2), smoke either-

(a)on the stage exoept in so far as smoking may be part of the entertainment, or

is to say, in that

(b) in the

auditorium, that

portion of the enclosed place or building in whioh accommodation is provided for members of the publio:

Provided that the State Government may, by notification in the Fort St. George Gazette, exempt any class of entertainments from the provisions of thia sub-seotion.

(2) For the purposes of sub-seotion (I), ' 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 olass of entertainments. (3) Any person who oontravenes the provisions of this section shall be liable to be ejected summarily from the enolosed place or building by any Police- officer and shall also be punishable with fine which may extend to fifty rupees.

i These words were substituted for the words "District Magistrate" by motion 8 of the Tamil Nudu Phces of Public Resort (Amendn-ent)Act, 1960 (Tamil Nndu Act 20 of 1960.)

Medrm City

a This seotion was inserted by seotion 3 of the

Police and Places of Publio Resort (Amendment) Act, 1951 (Madras

Aot XI11 of 1961).

.

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1888 :

T.N. Act II]

PZw of Public Rwt

311

(4) A person ejeoted 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 oompensation.]

13AEvery

person

who,

having

the

immediate Penaltie,,

aontrol of any enolosed place or building, permits

it to be used for publio resort or entertainment without having obtained a lioence or, having obtained a licenoe

under this Aot, permits suoh

of any of the oonditions of suoh lioence, shall be liable on conviotion before a Magistrate, to fine whioh may extend to five hundred rupees.

use in oontravention

'[la-A. The provisions of this Act shall

apply

to pagatpply

all areas situated within a distanoe of three miles from &hin the limits of any munioipality, as if such areas formed mites of

part of suoh municipality :

three

municipal

limite.

.

I Provided that this section shall not apply to -

I
I

(i) areas for the time being included within the limits of some other munioipality, or (ii) areas to which this Act has been, or may be, extended by a notifioatiion under 2[seotion 1, sub- seotion (2) (b)], so long as such notifioation remains in form.

13-B. Where, by virtue of section 13-A, a municipal Distribution

of income

derived by

authority

area,

or

in

such

having

manner

as

the

by

--

section 2

of

oounoil derives any income under this Act from any

area outside the munioipal limits, suoh income shall be municipalitierr

distributed between the munioipal council and the Ezi?;ye

jurisdiotion

'(State)

Government may speoify in rules made under this

authorities

looal

t over suoh

I

Aot.

tho

Madras Plsoes of Public Resort (Amendmont)Act, 1947 (Madras Acb

XXIII of 1947).

1 Seotions 13-Ato 13-C were insertod

3- a These words,

I for the

words,

figures,

brackets and letter were substituted

" section 1, sub-section (3) "

figures and brackets

20 of 1960).

by emtion 9 of the Tamil Ndu Places of Public Resort (Amendment)

Aot, 1960 (Tamil Nadu Act

a The word "State "

wan eubstituted for the word "Provinoial

by the Adaptation Order of 1960,

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812 Places of Public Resort

.

11888 : T.N. Act I1

Proviaion for

13-C.Where, by virtue of any notification issued

OWeawhere under l[section 1, sub-seation(2)(b)], or otherwise,

jddiotion

i.tranrferred. 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 jurisdiotion prior to such transfer, shall be deemed to have been granted, passed, or oommenoed by or before the offioer or authority having jurisdiction subsequent to suoh transfer.]

Aot

'[IS-D.-Nothing in this Act shall apply to any ohuroh, ~~p~~~~temple, mosque or other place of publio worship.]

etc.

not

Power

to

mske

ruk.

14. 8[(1)] The

4[State Government] may, ab any.

time after the pessing of this Act, and from time to time, make rules oonsistent with this Aot, for oarrying out the purposes thereof, and may amend or mnoel the same. All suoh rules shall be published in the 6[Offioial Gazette] and shall oome into force on the day on which they are so published or on suoh later date as may be speoified in the notification publishing

them.

1 These words, figures, brackets and letter were eubstitute?

for the words, figures and bracketcl " eection 1, sub-motion (3) by seotion 9 of the Tam3 Nadu Places of Publio Remrt

(Amendment) Act, 1960 (Tamil Nadu Act

20 of 1960).

2 This section was inserted by section 10, ibicl.

The original section 14 was renumbered ss aub-attotion (1) of that section by seotion 11, $bid.

4 The words 4'Provincid Government " were substituted

Adaptation

Order of 1937 end the word " Stete " waa aubatituted

for '6Provincial" by the Adaptation Order of 1960.

or

the

words

"Glovernor in Counoil"

by

the

6 These words were eubstituted for the words " Fort St. Bc01pr

Gazette " by the

Adsptstion Order of 1937.

1888: T.N. Aqt 111

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Places of Pdlic Resort

1[(2) All rules made under this Act shall, as soon as possible after they are made, be plaoed on the table of both Houses of the Legislature and shall be subjeot. to suoh modifioations by way of amendment or repeal as the Legislature may make either in the same session or in the next session.]

-

.-

1 This sub-section was added by section 11 of the Tamil Nadu Placer of Publio Reeort (Amendment)Act,1960 (TamilNadu Aot 26 of 1960).

4

l%O

:EN Act 301

,

I2

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Places of Public Resort

(Amendnent)

' :t

-

527

THE.l[TAMIL NADU]PLACES OF-PUBLIC

RBsORT (AMENDMENT) -ACT, 1960.

[Recn'ved the assent of the Governor on the 6th October 1960,

Jirst published in the Fat t St.

George Gazette on tk

12th October 1960 (Asvim 20, 1882).]

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' 6, T',,

An1~ct:ftutherto amend thsslpamil Nadu] Places of Public Resort AQ, ,1888.

Tamil

Nadu] Places of Public Resort Act,l888 (lparnil Nahu]Act

WHEREAS

it is expedient further to amend the

11 of 1888), for the purpdses hereinafter appearing ;

BB it enacted in the Eleventh Year of the Republic of India as follows :-

1. This Act may be called the '[Tamil Nadu] Places Short tit k.

of Public Resort (Amendment) Act, 1960.

(The amendments made by these se~tionshave;

been incorporated in the principal Act, viz., ~adilNadu Act I1 of 1888.)

-1

12.

(I) Any law corresponding to the principal Act Repeal*

as amended by this Act in force in the transferred territory immediately before the date of the commencement of this Act including the Travancore-Cochin Places of Public Resort Act, 1951 (Travancore-Cochin Act VIII of 195I), hereinafter in this section referred to as the corresponding law),shall stand repealed onthe date of such commencement.

-

-

--

----

1

- .-

These words were substituted for t hc word 'Madras" by the Tami I

'1'0trr ll

Nadu Adaptation of Laws Order, 1969, a8 amcndcd hy I hc

Nadu Adaptation of Laws (Semd Cc mendmcnt) Order, 1 Vfi

~orStatement of Ot&xts and Reasom, 8ee Port St* Omrye Uuzetle Extraordinzty, dated tko28th April 1960,Part W-A,page 189.

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52 8

Phs of Public Resort

(Amendment)

[1960: T.N. Act 20

(2) The rcpeal by sub-section (1) of the ing law shall not affect-

correspolld-

law or

(a) the previous operation of the corresponding anything done or duly suffered thereunder ; or

I

(b) any

*.

right,

.

privilege,

,,a

obligation

C c

or

liability

acquired, law ; or

accrued or incurred under the corresponding

'

-

,

.,

.

I

(c) any penalty, ibrfeitul-eor punishmeilt incurred in respect of any offence committed against the correq- ponding law ; or

i

P

3",

i

(J) any investigation, legal proceeding or rc~nedy in respect of any such right, privilege, ~bligation,liability, penalty, fbrfeitcre 3r r!!n.iobment ?.s aforesaid ;

2nd any such investigation, legal proceeding ox remedy may be i~tstituted,continued or enforced and any such penalty, forfeiture or punishment mi'y be imposed as if

this Act had not been passed,

(3) Subject to the provisions of sub-section (2), anything done or any action taken, including any appoint- ment or delegation made, notification, order, instruction or direction issued, rule framed, or licence granted under the corresponding law shall be deemed to have been done or taken under the principal Act as amended by this Ad and shall continue to have effect accordingly, ~knlessand until superseded by anything done or any action taken under the 2rincipal Act as amended by this Act.

(4) Unless the context otherwise requires, the l[Tamil Nadu ] Getiera 1Clauses Act, 1891( [Tamil Nadu] Act I of 1891), shall apply for the interpretation of the principal Act as amended by this Act and as in force in the transfer- red territory.

-

These words were substituted for the word "Madras" by the Tamil Nadu Adapiat ion of Laws Order, 1969, as amended by the Tamil Nadu

Adaptation of Laws (Second Amendment) Order,

.--

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(sj PO; thb purpose of fadiitri&& the application of ths principal Aot as amonded by this A@in tho trwferrcd territory, any court or other authority may con!.true the principal Act as ameaded by this Act with such allerations not affecting the substance as may bq necessary or proper to adapt it to the matter before the court or other authority.

(6) Any reference to the corresponding law in any law which continues to be in force in the transferred

, territory after the date of the commencement of this Act-

shall, in relation to thSt territory,

be construed as

a

reference to the principal Act ns amended by this Act.

(7) Any reference, by whatever form of words, in any law which continues to be in for= in the transferred territory to any authority competent r?t the date of the commencement of this Act to exercise any powers or discharge any functions in the transferred territory shall, where a corresponding new authority has beer constituted

by or under

have effect as if it were a reference to that new authority.

the principal Act as amended by this Act,

(8) (a) If aoy difficulty arises in giving effect to of this Act or d the principal Act as amended by this Act, the State Government as occasion may require, may by order, do anything which appcars to them necessary for the purpose of removing the difficulty.

(b) All orders made under clause (a) 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.

Explanation.-For

the purposes of this section-

(1) the expression "date this Act" means-

of the commencement of

(i) in relation to any municipajil y, the &tc on whj~!~

this Aa is published in tbe Fort St. George Gazettee'; and

--

* .Yow theTamil N&

Govement Saaflb.

-I-

--_

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536 Places of Public k.rort (Amendment)

[I960 :

T.N. Act 20

(ii) in relation to any other local area, the date spbdfied in the notification under section 1, sub-section

(2) (b),of the principal Act as amended by this Act

(2) the expression "transferred territory" means tlie Kanyakuma-i district and the Sl~encottahtaluk of the

Tirullclveli distri3.

@dl : T.N. ~ct%]

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kiaces of public Resort (Amenher;?)

537

TAMIL 1WU ACT NO.54 OF 1981.*

THE TAMIL NADU PLACES OF PUBLIC

(AMENDMENT) ACT, 1981.

RESORT

[Received tlic asseht of tlzt Governor or. the 10th September

1981, Jirst published i~dthe Gazette Extr~ordifiuryorb the

Tamil Nadu Goveinment

1981

15th

September

(Avwti 30, Tlrunmathi-2012-Thiruvalluvar

Aandu).]

Ari Acffurther to amsnd the Tamil Nadu Places of Public

Resort Act, 18 88.

B~itenacted by the Legislature

of the Statle of Tamil Nadu

in the Thirtysecond Year of the Repu1)iic of India as

fcllows :-

1. (1) This Act may be called the Wmil Nadu Plaeel short title

of Public

(2) It shzll come into force on such date as the State Governmert may, by notifloation, appoint.

Resort (Amendment) Act,1981.

and mencement. com-

2. After section 4 of the Tamil Nadu Places of Public Insertion

of

Resort Act, 1888 tI'2.mil Nadu An I1 of 1888) (hereinafter new section 4-A

referled to as the prin~i~lAct), the foliowing section shall Act I1 of ig8g.

be inserted, namely :--

in

Tamil Nadu

" 4-A Conditions subject to w?zich licence may be gpan-

ted.-Notwithstr nding anything contained in this Act 01 in any other law for the time being in force, nc zpplicati~n fcr licence under secticn 4 shall 5e entdrtained unless the following conditicns are complied with by the applicant, namely :--

(a) the applicaot stall give an undaitaking in writ ;IT~

to the authority

or officer. referred to in seetic:

5 that the

place or

building shall not be used for the pur-

pose of displaying any indecent or obscene play or dance or other like perfox mance ox for the activities such as

ling-throwing, arrow 01 pin-throwing or any ~thera~tivity

of a gambling nature as may be Govelnment in this behalf;

presciibed

by the State

*For Statemen t of Objects and Reasons, see TamilNudu Governmeizt

Gazette Extraordinary, dated the 12th May 1981, Fart XV--Section 1,

page 602.

I

Amendment

of mion 7,

Tax1111Nadu'

Act IIof

1888.

Amendment of

.section 3,

Tamil Nadu

Act I1 of 1888.

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558 Places of Public Resort (Amendhze~ct)

(b) the ziyplicant shall, in the unde~taking referred tc in clause (a), tglee to abide with the plovisions cf the law lelating to the maintenance of law and orer and decency in publia places ;

(c) the applicant shall along with the undertaking referred to in clause (a) also furnish a security deposit for such sum as specified in the Schedule and in such manner as may be prescribed by theStateGovernment in this behalf, for tlr~due observance of the terms and conditions laid down in the said undertaking or the licence to be granted and in the event of non-compliance with any of the terms! and conditioris of the said undertaking or licence, the sum so deposited as security deposit shall be forfeited to the State Government :

Provided that no cuch forfeiture of the security deposit shall be made unless the applicant had been given a reason- able opportunity of being heard :

Provided further that the forfeiture of the security &posit under this clause shall not be a bar for proceeding

against the holder of the licence under the provision$

of

section 9.". 3. In section 7 of the principal Act, after claule, (b), the following clause shall be inserted, namely :-

" (c) that the applicant has duly given the undertaking and furnished the security deposit referred to in section

[1981:

T.N. Act J1

4A.".

4. Sectic n 9 of the principal Act shall be renumbered as

sub-section (1) of that section , and-

*

.

in sub-gection (1) as so renumbered, in cb& (4,

for the expression " licence ",the expression " licen&or the :undertaliing feferred to in section 4-A" shall be subetituted;

-

(a)

(b) after sub-section (1) as so renumbered, the follow- ing sub-section shall' be inserted, namely :--

I

" (2) Notwithstanding anything

contained

in

sub-

in so far as it relates to suspension"of any

licence granted under this Act where a primfaele cab has

been made

section (I),

out, the authority may, at any time and for

be recorded in writing,

reasor& to

(grantedunder this Act and in such a case ,no show

suspend any lien@

Id

notia is nemsga.ry.".

,

.

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i98i : T.N. Act 541

Places of Public Resort

(Amendment)

559

5. In section 13 of the principal Act, for the

portion Amendment

13 Tamil

11 of 1888.

beginning with the expression " any of the conditions of ofswion

suchlicence" and ending with the expression "'five hundred N;du Act

rupees ", the following shall be substituted, namely :--

" any of the conditions of such licence or of the under- taking referred to in section 4-A shall be liable on con-

viction before a magistrate, to fine which may extend to

five hundred rupees and in addition, in the case of a con- contravention, with additional fine which may exten to fifty perce~ntumof the fi~efirst imposed for every day during which such contravention continues after conviction for the first such coritravention.".

6. After section 14 of the principal Act, the following Mdition of

:-

new

Schedule to

Tamil Nadu

Schedule shall be added, namely

Act II of

1888.

''THE SCHEDULE [See clause (c) of section 4-A.]

Area.

(1)

i. City of Coimbatore and City of Madurai

ii. Municipalities, Special Grade

iii. Municipalities and tion Grade.

To~,~n~hip,Selec-

,?n:;,,

+

of

Security

D~posit.

(2)

RS*

10,000

5,000

6,000

i v. Municipalities and Grade.

Township, First

v. Municipalities and Township, Second Grade.

v. Municipalities and Township, Second Grade.

5,OOC:

4,000

vi. Municipalities and

Grade.

Township, Third

vii. Panchayat

Villages.

Towns and Pa ns11ay:lt

3,000

2,000