ANDHRA PRADESH (ANDHRA AREA) PLACES OF PUBLIC RESORT ACT, 1888

ANDHRA PRADESH (ANDHRA AREA) PLACES OF PUBLIC RESORT ACT,1888
Act Details: ANDHRA PRADESH (ANDHRA AREA) PLACES OF PUBLIC RESORT ACT,1888
Act 2 of 1888
31st May 1888.

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

Section 1 Short title

1. This Act may be called the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888.
2. [x x x]
3. Local extent:- It extends to all towns in the Andhra area of the State of Andhra Pradesh which have been or may hereafter be declared to be municipalities under the Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 (Act V of 1920) or other Act of the same nature for the time being in force, and the State Government may, from time to time, by notification in the Official Gazette extend it permanently or for a time or for specified occasions only, from such date as may be specified in the notification, to any other local area in the Andhra area of the State of Andhra Pradesh and may cancel or modify any such notification.
4. Saving: -Nothing in this Act shall apply to any church, temple, mosque, or other place of public worship.

Section 2 Definitions:- In this Act, unless there is something repugnant in the subject or context, -

1. "Chairman of a Municipal Council" means the Chairman of a Municipal Council appointed under the Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 (Act V of 1920) or other Act relating to District Municipalities in the Andhra Area of the State of Andhra Pradesh for the time being in force.
2. "Magistrate" means a Magistrate appointed under the Code of Criminal Procedure.
3. "Building" includes any house, hut, shed or roofed enclosure.

Section 3 Licenses for use of enclosed place or building for 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 license has been obtained in respect thereof under this Act:

1. In every case where the area within the enclosed place or occupied by the building is five hundred square feet or more;
2. 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 or of a panchayat classified by the State Government as a major panchayat, and the public are allowed to take part in any game or competition therein.

Section 4 Application for license: what is must contain When any person desires to obtain a license 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.

Section 5 Authority to whom application should be made:-Such application shall be made to the Chairman of the Municipal Council, if the enclosed place or building is within a municipal town, and in every other case to any Magistrate having jurisdiction over the local area in which the place or building is situated.

Section 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 license 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 license until the alteration or addition is made.

Section 7 When authority to grant license:-If the authority is satisfied:

1. that the enclosed place or building may safely be used for public resort or entertainment proposed;
2. that no objection, arising from its situation, ownership, or the purpose proposed, exists, he shall give to the applicant a written license, signed by him specifying the enclosure or building and the purpose for which it is to be used. Such license shall be in such form and subject to such fee and conditions as the State Government may from time to time by rule direct. If the authority is not satisfied as aforesaid, he may refuse to grant a license, recording his reasons for refusal in writing.

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Section 8 License 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 to be in force and shall cease to be in force on the expiration of that period.

Section 9. Revocation or suspension of license Any authority granting a license under this Act may, for reasons to be recorded in writing, revoke or suspend the same when he has reason to believe

1. that the license has been fraudulently obtained;
2. that the enclosed place or building has been used for other purposes of public resort or entertainment than that for which the license was granted;
3. that the place or building can no longer be safely used for the purpose for which the license was granted;

Section 10 Appeal against order under Sections 6, 7 or 9

1. Any applicant for a license under this Act may appeal from any order made under Section 6, 7 or 9 unless such order has been made by the Magistrate 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 sub divisional Magistrate, or if the original order was made by a Sub Divisional Magistrate, to the Magistrate 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 license or make such other order as it thinks fit.

Section 11 Power to enter place of public resort to inspect license or to prevent further use:- It shall be lawful for any Magistrate 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 license is required under this Act, to inspect the license if any has been issued, 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.

Section 12 District Magistrate may revise any proceedings under this Act:- The District Magistrate 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 the authority holding the proceeding might have passed.

Section 12A Prohibition of smoking in certain places where entertainments 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
   1. on the stage except in so far as smoking may be part of the entertainment, or
   2. in the auditorium 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 Andhra Pradesh 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 Andhra Pradesh 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 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.

Section 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 license or, having obtained a license under this Act, permits such use in contravention of any of the conditions of such license, shall be liable, on conviction before a Magistrate, to fine which may extend to five hundred rupees.

Section 13A Act to apply to areas within three miles of municipal limits: The provisions of this Act shall apply to all areas situated within 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

1. areas for the time being included within the limits of some other municipality, or
2. areas to which this Act has been, or may be, extended by a notification under Section 1, sub section (3), so long as such notification remains in force.

Section 13B 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 State Government may specify in rules made under this Act.

Section 13C: Provision for cases where jurisdiction is transferred Where, by virtue of any notification issued under Section1, sub section (3), or otherwise, jurisdiction under this Act over any area stands transferred from one officer or authority to another officer or authority, all licenses 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 commenced by or before the officer or authority having jurisdiction subsequent to such transfer.

Section 14 Power to make rules: The 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 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.

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