Panchayat:Repo18/vol2-page0296

296 PLACES OF PUBLIC RESORT RULES, 1965 Rule 26

(b) any light to be placed within 1.50 metres of the walls or roof of such building or place;

(c) any fire-Work to be ignited by his servants within 90 metres of any part of the outer walls of such building or place; and

(d) smoking within such building or place.

                                                    PART IV

              Permanent and Temporary Building or Enclosures 

26. Annual and temporary licences.- (1) Licences granted under the Act shall be either annual or temporary. (2) Temporary licences may be granted:- (a) in the case of a building or enclosure used for a travelling circus or show, for a period not exceeding one Week at a time; and (b) in other cases for a period not exceeding three months at a time. (3) Annual licences shall be granted only in respect of permanent buildings provided that, for reasons to be recorded in Writing, the licensing authority may grant a licence so as to be valid for a period of less than one year, in which case he shall collect only the proportionate licence fee. Temporary licences may also be granted in respect of such buildings if they are required only for occasional use as places of public resort or entertainment. (4) Temporary licences only may be granted in respect of temporary buildings. (5) In respect of Walled enclosures which have no roof or super structure either annual or temporary licences may be granted. (6) Any licence granted may from time to time be renewed at the discretion of the licensing authority:- (a) in the case of an annual licence for further period of one year at a time; and (b) in the case of temporary licence for such further periods as the licensing authority may think fit, but not exceeding at a time the period specified in Clause (a) or Clause (b) of subrule (2) as the case may be. (7) in the case of a travelling circus or show referred to in Clause (a) of sub-rule (2) the period for which a licence is in force shall not except with the special sanction of Government exceed three months in the aggregate within any continuous period of twelve months. (8) The grant of an annual licence in respect of any building or enclosure shall not be deemed to authorise the use of Such building for a travelling circus or show. In such cases, a separate temporary licence shall be obtained in accordance with the provisions of this rule for the use of Such building or enclosure for such circus or show. (9) The licensing authority shall communicate to the local police station and the Tahsildar concerned a copy of every temporary licence issued under the Act. 27. Power of licensing authority to prohibit the use of any building for public resort during epidemic.- In the event of an outbreak of an epidemic or contagious disease in the locality, the licensing authority may by order direct that any building or enclosed place in respect of which a licence has been granted under the Act, shall not be used for purposes of public resort or entertainment for such period as may be specified in the order, if in his opinion or in the opinion of the Health Officer Such use is likely to spread the epidemic or contagious disease.

• 28. Scale of fees chargeable on licences.- (i) For every licence granted or renewed

under the Act there shall be charged, unless exempted by the Government, a fee according to the following scale, namely:- (a) For the grant or renewal of licence for one year in respect of a permanent building

• Rule 28 Substituted as per S.R.O. No.59/69 in Gazette of 11-2-1969. Original Rule 28 was declared ultra vires by the High Court as it was a delegation by delegatee in O.P. 2498/65 and 3047/66.