Panchayat:Repo18/vol2-page0292

292 THE KERALA PLACES OF PUBLIC RESORTACT, 1963 Sec. 17 (3) Whenever any person is convicted of an offence in respect of the failure to obtain a licence in accordance with this Act, the Magistrate shall, in addition to any fine which may be imposed, recover Summarily and pay over to the authority mentioned in Section 5, the amount of fee chargeable for the licence in accordance with the rules for the time being in force, and may in his discretion also recover Summarily, and pay over to the said authority Such amount, if any, as he may fix as the costs of the prosecution.

(4) Notwithstanding anything contained in the foregoing provisions, the licensing authority or any personauthorised by him shall be competent to seal any place of public resort or entertainment and prevent the further use of the place for such purpose if he is satisfied that the place of public resort or entertainment is used or proposed to be used in contravention of any of the provisions of this Act or rules made thereunder:

Provided that before taking action under this sub-section, the licensing authority or any person authorised by him shall give to the person against whom action is proposed to be taken an opportunity to show cause within twenty-four hours of the intimation thereof why such action should not be taken.

(5) The licensing authority may, subject to such restriction and control as may be prescribed, compound any offence punishable under this Act, or any rules or bye-laws made thereunder which may, by rules, be declared compoundable.)

17. Duties of Police Officer.- (1) It shall be the duty of every police officer

(a) to communicate without delay to the licensing authority any information which he receives of the design to Commit or of the Commission of any offence under this Act or any rule made under it; and

(b) to assist the licensing authority or any officer authorised by him reasonably demanding his aid for the lawful exercise of any power vesting in such authority or officer under this Actor any rule made under it.

(2) Any police officer who omits or refuses to perform any duty imposed on him by this section shall be deemed to have committed an offence under Section 41 of the Kerala Police Act, 1960 (Act 5 of 1961).

18. Exercise of powers of Police Officers by municipal servant- The Government may empower any officer or servant of a local authority to exercise the powers of a police officer for the purposes of this Act. 19. Power to make rules.- (1) The Government may, make rules, to carry out all or any of the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 20. Repeal.-The Madras Places of Public Resort Act, 1888 (Act II of 1888) as in force in the Malabar district referred to in Sub-section (2) of Section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) and the Travancore-Cochin Places of Public Resort Act, 1951 (Act VIII of 1951) are hereby repealed. 21. Power to remove difficulties.- If any difficulty arises in relation to the transition from the provisions of any of the repealed enactments or in giving effect to the provisions of this Act the Government may, by order, as occasion requires, do anything not inconsistent with the provisions of this Act which appears to them, to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act.