Panchayat:Repo18/vol2-page0290: Difference between revisions
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6. Procedure on receipt of application.- Upon the receipt of any such application the authority to whom it 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 | 6. Procedure on receipt of application.- Upon the receipt of any such application the authority to whom it 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. Grant of licence.-''' (1) If the authority 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, possession or the purpose proposed exists, | |||
he shall give 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 the payment of such fee and conditions as the Government may from time to time by rule direct. | |||
(2) 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. Renewal of licence.-''' (1) A licence granted under Section 7 may be renewed on an application by the licensee presented within such time before the expiry of the licence, as may be prescribed. The provisions of Sections 4, 5, 6, 7 and 8 shall, as far as may be, apply in relation to the renewal of licence as they apply in relation to the grant of a licence. | |||
(2) If an application for renewal of a licence has been presented within the time prescribed under sub-section (1) and no order refusing renewal has been Communicated to the applicant before the expiry of the term of the licence the applicant shall, notwithstanding Such expiry, be deemed to have a valid licence till orders are received by him on his application for renewal. | |||
'''10. Revocation or suspension of licence.'''- (1) 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 licence has been fraudulently obtained; or (b) that the enclosed place or building has been used for any purpose other than those | |||
for which the licence was granted; or (c) that the place or building can no longer be safely used for the purpose for which the | for which the licence was granted; or (c) that the place or building can no longer be safely used for the purpose for which the | ||
licence was granted; or (d) that any condition of the licence has been contravened: Provided that no licence shall be revoked or suspended without the licensee being given a reasonable opportunity of showing cause against the proposed action. (2) A person whose licence is revoked or suspended under sub-section (1) shall not be entitled to the refund of any fee paid in respect of such licence or for any Compensation in respect of any loss Sustained by Such revocation or Suspension. 11. Appeals.-(1) Any person aggrieved may appeal from any order passed under Sections | licence was granted; or (d) that any condition of the licence has been contravened: Provided that no licence shall be revoked or suspended without the licensee being given a reasonable opportunity of showing cause against the proposed action. (2) A person whose licence is revoked or suspended under sub-section (1) shall not be entitled to the refund of any fee paid in respect of such licence or for any Compensation in respect of any loss Sustained by Such revocation or Suspension. 11. Appeals.-(1) Any person aggrieved may appeal from any order passed under Sections | ||
6, 7, 8, or 10. y y s (2) The appeal shall be preferred within thirty days of the date on which the order was communicated. | 6, 7, 8, or 10. y y s (2) The appeal shall be preferred within thirty days of the date on which the order was communicated. | ||
9(3) The appeal shall lie to the council of the municipality οι, as the case may be, the Village Panchayat concerned. | 9(3) The appeal shall lie to the council of the municipality οι, as the case may be, the Village Panchayat concerned. | ||
Revision as of 05:02, 6 January 2018
290 THE KERALA PLACES OF PUBLIC RESORTACT, 1963 Sec. 5
5. Authority to whom application should be made.- An application under Section 4 shall be made to the Secretary of the Municipality or the Village Panchayat as the case may be.)
6. Procedure on receipt of application.- Upon the receipt of any such application the authority to whom it 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. Grant of licence.- (1) If the authority 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, possession or the purpose proposed exists,
he shall give 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 the payment of such fee and conditions as the Government may from time to time by rule direct.
(2) 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. Renewal of licence.- (1) A licence granted under Section 7 may be renewed on an application by the licensee presented within such time before the expiry of the licence, as may be prescribed. The provisions of Sections 4, 5, 6, 7 and 8 shall, as far as may be, apply in relation to the renewal of licence as they apply in relation to the grant of a licence.
(2) If an application for renewal of a licence has been presented within the time prescribed under sub-section (1) and no order refusing renewal has been Communicated to the applicant before the expiry of the term of the licence the applicant shall, notwithstanding Such expiry, be deemed to have a valid licence till orders are received by him on his application for renewal.
10. Revocation or suspension of licence.- (1) 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 licence has been fraudulently obtained; or (b) that the enclosed place or building has been used for any purpose other than those for which the licence was granted; or (c) that the place or building can no longer be safely used for the purpose for which the licence was granted; or (d) that any condition of the licence has been contravened: Provided that no licence shall be revoked or suspended without the licensee being given a reasonable opportunity of showing cause against the proposed action. (2) A person whose licence is revoked or suspended under sub-section (1) shall not be entitled to the refund of any fee paid in respect of such licence or for any Compensation in respect of any loss Sustained by Such revocation or Suspension. 11. Appeals.-(1) Any person aggrieved may appeal from any order passed under Sections 6, 7, 8, or 10. y y s (2) The appeal shall be preferred within thirty days of the date on which the order was communicated. 9(3) The appeal shall lie to the council of the municipality οι, as the case may be, the Village Panchayat concerned.