Panchayat:Repo18/vol2-page0291

Sec. 16 THE KERALA PLACES OF PUBLIC RESORTACT, 1963 291

(4) The provisions of Section 5 of the Indian Limitation Act, 1908 shall apply to the appeals under this section.

(5) 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 he thinks fit.

12. Power to enter place of public resort or entertainment to inspect licence or prevent further use.- The licensing authority or any person authorised by him in writing may enter at any time any enclosure or building for which licence is required under this Act, inspect the licence if any has been issued, and if there is no licence, or if the conditions of the licence are not observed, prevent the further use of such enclosure or building as a place of public resort or entertainment.

13. The Appellate Tribunals constituted under section 271S of the Kerala Panchayat Raj Act, 1994 (13 of 1994) may revise any proceedings under Act.- The Appellate Tribunals constituted under section 271S of the Kerala Panchayat Raj Act, 1994 (13 of 1994) may call for and examine the record of any proceeding taken under this Act, may call for any reportin connection therewith, make or cause to be made any further enquiry, and may, after notice to parties affected and hearing them pass any order which the authority holding the proceeding might have passed:

Provided that the “Appellate Tribunals constituted undersection 271S of the Kerala Panchayat Raj Act, 1994 (13 of 1994) shall not exercise the powers under this section in respect of a proceeding from which an appeal is pending before the appellate authority under Section 11.

14. Prohibition of smoking in certain places where entertainments are held.- No person shall in any enclosed place or building used as a place of public resort or entertainment during the prohibited period as defined in sub-section (2) Smoke -

(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 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 pending with the termination thereof, as may fall within the hours which the State Government may, by notification in the 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.

15. Protection of action taken under the Act.-No suit, prosecution or legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

16. Penalties.- (1) Every person who, having the immediate control of any enclosed place or building, uses or permits it to be used as a place of public resort or entertainment without having obtained a licence, or, having obtained a licence under this Act uses or 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 “(two thousand and five hundred rupees.)

(2) Any fine imposed by a Magistrate under Sub-section (1) shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1898 and the same shall on recovery be paid over to the authority mentioned in Section 5.