KERALA PLACES OF PUBLIC RESORT RULES, 1965
*THE KERALA PLACES OF PUBLIC RESORT RULES, 1965''''
G.O. Ms. 590/65/HLD. Dt: 8-7-1965
S.R.O. No. 292/65.- In exercise of the powers conferred by sub-section (1) of Section 7 and Section 19 of the Kerala Places of Public Resort Act, 1963 (Act 40 of 1963), the Government of Kerala hereby make the following rules:-
RULES
PART 1.
Short title and commencement.- (1) These rules may be called the Kerala Places of Public Resort Rules, 1965.
(2) They shall come into force with effect from 1-8-1965.
2.Definitions.- In these rules, unless the context otherwise requires
(i) “the Act" means the Kerala Places of Public Resort Act, 1963 (Act 40 of 1963);
(ii) “Health Officer" means in the case of Municipal Corporations and Municipalities the Health Officer of the Municipal Corporation or of the Municipality concerned and in the case of a Township or a Panchayat area such Officer of the Health Services Department having jurisdiction over the area as may be specified by the Director of Health Services.
(iii) “Licensing Authority" means the authority competent to grant a licence under the Act.
(iv) "Permanent building" means a building which is constructed for permanent use with stone, mud, brick, mortar, cement or other non-inflammable materials.
Explanation:- (a) Where the floor, roof, side-walls, galleries and stair case of a building are made of non-inflammable materials the building shall, for the purpose of these rules be deemed to be a permanent building.
(b) A Cinema installation which is deemed to be a permanent one under Rule 59 (e) of the Kerala Cinema (Regulations) Rules, 1958 as republished in the Kerala Gazette dated 11-12-1962 shall be deemed to be a permanent building for the purpose of these rules.
(v) "Prescribed” means prescribed by the order of the Licensing Authority and (vi) “Temporary building" means building which is not a permanent building.
PART II
Permanent Buildings
3. Conditions under which licence may be granted.- No licence shall be granted under the Act for the use of any permanent building for public resort or entertainment unless
(a) the building is provided on at least three of its sides with an open Space of not less than 6 metres in width or such greater width as may be required by the Licensing Authority.
(b) the caves of the building have a height of not less than 3 metres.
(c) every door-way in the building is not less than 2.4 metres in height and 1.5 metres in width and,
(d) the windows of the building are of such dimension and number and in Such situations as may be required by the Licensing Authority and the aggregate area of all the windows in each of the places to which the public are admitted is not less than one-tenth of the floor area thereof:
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ
Provided that the Licensing Authority in consultation with the Health Officer, may-
(i) permit the use of extractors or other artificial means of ventilation to provide for a sufficient supply of fresh air in the building in lieu of all or any of the windows required under Clause (d); or
(ii) require such extractors or other artificial means of ventilation to be provided in addition to the windows required under the said clause.
4. Obligation of the licensee to keep all means of ventilation in good order.- Every person who may have obtained a licence under the Act for the use of any permanent building for public resort or entertainment shall cause all windows and other means of ventilation in the building to be maintained in good order and efficient action during the period for which such building is used for public resort or entertainment and for at least two hours before and for half an hour after such USe.
5. Licensing authority's power to relax conditions.- The Licensing Authority may relax the conditions in Rules 3 and 4 on the recommendation of the Health Officer.
6. Obligation of the licensee to provide lighting arrangements.- The licensee shall, except when such building is used in daytime and no artificial lighting is required, provide suitable lighting therein and in the open Space attached thereto.
7. Licensees' obligation to keep the flooring in good order.- The licensee shall cause the flooring of every part of such building to be paved or otherwise made impervious and damp-free and shall keep such flooring at all times in good order and repair and shall disinfect the building and premises at such times and in such manner as may be prescribed.
8. Licensee not to permit any sand etc. to be spread on any part of the floor to which public are admitted.- The licensee shall not permit any sand, earth or other dusty material to be spread on any part of the floor of the building to which the public are admitted.
9. Material used as covering for the floor to be cleaned.- The licensee shall cause the carpets, matting or any other material used as covering for the floor to be cleaned and dusted before the commencement of every entertainment.
10. Open spaces in the licensed premises to be paved or gravelled.- The licensee shall cause all open Spaces in the licensed premises to be paved or gravelled to the satisfaction of the licensing authority. ܼ
11. Limit on the accommodation of persons.- (i) The licensee shall not permit a greater number of persons to be accommodated in a building than that arrived at by calculating at the rate of 20 persons per 10 sq. metres of floor area in respect of such portions as are provided with chairs having backs and arms and at the rate of 25 persons per 10 sq. metres of floor area in respect of other portions after excluding the area of the entrances, the passages and gangways, the stage, the stair-cases and all places to which the public are not admitted.
(ii) The licensee shall cause aboard to be hung in a prominent place in the licensed premises showing the maximum number of persons who can be accommodated in the building under this rule.
12. Provision of separate accommodation for women.- The licensee shall provide reasonably sufficient separate accommodation for women.
13. Walls of the building to be hot-lime washed or painted.- The licensee shall cause the walls of the building to be hot-lime washed at least once in every six months or to be painted annually if not otherwise prescribed.
14. Cleaning of licensed premises.- The licensee shall cause the premises to be thoroughly cleaned and all refuse matter to be removed at least once in every 24 hours, or more often if so prescribed.
15. Provision of drainage and sanitary conveniences.- The licensee shall provide suitable means of drainage to the building and also sanitary conveniences of such description and
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ
design as may be prescribed on the recommendation of the Health Officer for the exclusive use of each sex according to the scale shown in Appendix I and shall cause the same to be maintained in good order and sanitary condition.
16. Providing of water supply.- The licensee shall where a continuous supply of pipewater is available, provide such number of water taps and in such places as may be prescribed on the recommendation of the Health Officer.
17. Providing of drinking water in places where pipe-water is not available.- The licensee shall where a continuous supply of pipe-water is not available, provide drinking water in such places, in such manner and in such quantity as may be prescribed on the recommendation of the Health Officer.
18. Providing of spittoons.- The licensee shall provide spittoons of such description, in such numbers and in such places as may be prescribed on the recommendation of the Health Officer and the spittoons shall be well washed with such disinfectants as may be prescribed.
19. Conditions under which licence may be granted.- No licence shall be granted under the Act for the use of any temporary building for public resort or entertainment unless:-
(a) the building is provided on all its sides with an open space which in no part thereof shall be less than 45 metres in Width:
Provided that the licensing authority with the sanction of Governmentor any Officer authorised
by Government in this behalf may grant a licence for any such building with an open space of not less than six metres in width and in the
case of buildings constructed as theatres even with less open space in fit cases;
(b) the caves of the building have a height of not less than 2.5 metres; and
(c) every door-way in the building is not less than 2 metres in height and 1.5 metres in width.
20. Providing of means of ventilation.- Every person who may have obtained a licence under the Act for the use of any temporary building or any enclosed place for public resort or entertainment shall provide suitable means of ventilation for such building or place and shall cause the same to be maintained to the satisfaction of the licensing authority. He shall also, except when such building or place is used in day-time and no artificial lighting required, provide suitable lighting therein.
21. Maintenance of sanitary condition in the licensed premises.- The licensee shall cause every part of such building or place to be maintained in proper sanitary condition.
22. Limit on the number of persons to be admitted in the premises.- The licensee shall not permit a greater number of persons to be accommodated in the building than that arrived at by calculating at the rate of 25 persons per 10 sq. metres of floor area after excluding the area of the entrances, the passages and gangways, the stage, the stair-cases and all places to which the public are not admitted.
23. Providing of sanitary conveniences.-The licensee shall provide sanitary conveniences as may be prescribed by the licensing authority on the recommendation of the Health Officer for the exclusive use of each sex according to the scale laid down in Appendix I and shall cause the same to be maintained in good and sanitary condition.
24. Providing of drinking water facilities.- The licensee shall provide a sufficient Supply of wholesome drinking water for the use of persons employed in or frequenting such building or place in such manner and in such quantity as may be prescribed by the licensing authority.
25. Restrictions on the affixture of light etc.- The licensee shall not permit or suffer:
(a) any light to be affixed to the side walls or posts of such building or place;
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ
(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.
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
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ
within the Corporations, Townships and Municipalities a fee of Rupees 75 for an area of 100 sq. metres or less with an additional fee of Rupees 37.50 for every 50 sq. metres or fraction thereof in excess of the first 100 sq. metres.
(b) For the grant or renewal of licence for one year in respect of a permanent building within a Panchayat area, a fee of Rupees 20 for an area of 100 sq. metres or less with an additional fee of Rupees 10 for every 50 sq. metres or fraction thereof in excess of the first 100 sq. metres.
(ii) (a) For the grant or renewal of temporary licence in respect of a permanent building within the Corporations, Townships and Municipalities a fee of Rupees 20 per mensem or Rupees 2 per day for an area of 100 sq. metres or less with an additional fee of Rupees 7.50 per mensem or Rupees 1 per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
(b) For the grant or renewal of a temporary licence in respect of a permanent building within a Panchayat area, a fee of Rupees 6 permensem or Rupees 1 per day for an area of 100 sq. metres or less with an additional fee of Rupees 3 per mensem or 50 Paise per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
(iii) (a) For the grant or renewal of a temporary licence in respect of a temporary building within the Corporations, Townships and the Municipalities Rupees 75 per mensem or Rupees 2 per day for an area of 100 sq. metres or less with an additional fee of Rupees 37.50 per mensem or Rupees 1 per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
(b) For the grant or renewal of a temporary licence in respect of a temporary building within a Panchayat area Rupees 20 per mensem or Rupees 1 per day for an area of 100 sq. metres or less with an additional fee of Rupees 10 per mensem or 50 Paise per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
(iv) (a) For the grant or renewal of a licence for an enclosure without any roof or superstructure within the Corporations, Townships and Municipalities for one year Rupees 75 for an area of 100 sq. metres or less with an additional fee of Rupees 7.50 for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
(b) For the grant or renewal of a licence for an enclosure without any roof or superstructure within a Panchayat area for one year Rupees 7.50 for an area of 100 sq. metres or less with an additional fee of Rupees 3.75 for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
(v) (a) For the grant or renewal of a temporary licence for an enclosure without any roof or superstructure within the Corporations, Townships and the Municipalities Rupees 7.50 permensem or Rupees 2 per day for an area of 100 sq. metres or less with an additional fee of Rupees 3.75 per mensem or Rupees 1 per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
(b) For the grant or renewal of a temporary licence for an enclosure without any roof or superstructure within a Panchayat area, Rupees 3.50 per mensem or Rupees 1 per day for an area of 100 sq. metres or less with an additional fee of Rupees 1.75 per mensem or 50 Paise per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.
The fee for a temporary licence shall be leviable at three-fourth of the above rates where the building or enclosure is used only during day time without lights.
(vi) Notwithstanding anything contained in Clauses (ii), (iii) or (v) no fee shall be charged for the renewal of a temporary licence granted for a period not exceeding one week under Clause (a) of sub-rule (2) of Rule 26 provided that the total period of such licence including periods of renewal does not exceed one month at a time.
(vii) The licensing authority shall fix the licence fee under Clauses (i), (ii) and (iii) with the previous approval of the local authority concerned.
Explanation:- For the purpose of this rule, the area on which the fees shall be charged ShaII be—
(a) in the case of a permanent building the area of the main structure and other structure
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ
excluding the entrances, passages, stage, stair-cases and all spaces to which the public are not admitted, and
(b) in the case of a temporary building, the whole area of the enclosure after excluding the open space actually provided under Rule 19 (a) or under the proviso thereto, as the case may be.
(viii) The licence granted or renewed under this Act shall not be transferred except with the previous permission of the licensing authority and for each such transfer there shall be charged a fee of five rupees.)
29. Fees not chargeable.- Notwithstanding anything contained in Rule 28 no fee shall be chargeable for a licence granted in respect of any building or enclosed place used for the following classes of entertainments namely:-
(a) entertainment, the proceeds of which are utilised for the purpose of philanthropic, religious or charitable purposes.
(b) entertainments which are of wholly educational character.
(c) entertainments which are provided for purposes which are partly educational, Cultural or scientific by institutions not conducted or established for profit.
(d) entertainments which are provided by institutions not conducted for profit and established solely for the purposes of promoting the public health or the interest of agriculture or of a manufacturing industry and consists solely of exhibitions of articles which are of material interest in connection with questions relating to public health or agriculture or of the product of the industry for promoting the interest of which the institutions exist or of the materials, machinery, appliances or foodstuff used in the production of those products.
(e) entertainments organised in aid of any National Fund, and
(f) any other class of entertainments which the Government may specify by general or special order.
30. Conditions on which licence may be granted.- (1) No licence shall be granted in respect of any building or enclosed place unless the provisions of Sub-rules (2) to (5) of this rule are complied with.
(2) Such building or place shall have at least two main exits of not less than 2.4 metres in height and 1.75 metres in width. Where these exits are enclosed by doors, the door shall be so made as to open outwards. Such exits shall be so arranged that they can be pushed open easily and at once from inside.
(3) When the area of such building or enclosed place exceeds 100 Sq. metres at least one additional special exit per 50 sq. metres of additional space shall be provided in the exterior walls of such building or place at suitable distances. Each of such special exits shall be not less than 2.4 metres in height and 1.75 metres in width. Such special exits may be closed whilst such building or place is being used as a place of public resort but the means adopted for using them in cases of emergency shall be specified in the licence.
(4) Each of such exits shall be indicated by a board with the word "EXIT" clearly painted upon it in English and in Malayalam in large and legible letters.
(5) Sufficient provision shall be made for preventing and extinguishing fire which may occur in or upon such building or place and such provision shall be specified in Column (9) of the licence. A supply of not less than 25 litres of water per 10 sq. metres of area in the case of a permanent building or enclosed place shall be provided and kept stored in buckets in readiness along with the walls of such building or place. In the case of temporary buildings, the supply of Water shall be not less than 50 litres per 10 sq. metres of area and shall be stored in buckets in readiness, one half within and the other half without the exterior walls of the building:
Provided that where any building or enclosed place by reason of its construction and disposition so requires, the licensing authority may grant for such building or place a licence with
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ
such modifications in regard to the storing of water and the disposal of the water stored, for combating fire, as may be deemed sufficient and suitable.
31. Form of licence.- Every licence granted under the Act shall be in the Form in Appendix Il. 32. Time within which applications for licence to be made.- Any person requiring a licence shall apply to the licensing authority at least twentyone days prior to the date on which the entertainment is to take place and in the case of special temporary short term licences at least 10 days prior to such date.
33. Time within which application for renewal of licence to be presented.- An application for renewal of a licence under Section 9 of the Act shall be presented by the licensee within twenty-one days before the expiry of the licence and in case of special temporary short term licences at least seven days prior to the date of expiry of the licence.
34. Additional conditions for grant of licence.- Every licence granted under the Act shall be subject to the following additional conditions:-
(i) No fire or naked light shall, under any circumstance, be allowed inside the licensed premises.
(ii) All swinging lights shall be suspended by metal wires or rods.
(iii) No inflammable or explosive substance such as petroleum, kerosene oil, fire works, or gunpowder in excess of the quantity, required for one day's use shall be stored upon or within the licensed premises.
(iv) The main doors, enumerated in column (4) of the licence shall always be left unfastened and unobstructed whilst the public are using the licensed premises.
(v) No structural or material alteration shall be made in the licensed premises except with the written permission of the licensing authority.
(vi) No leper and no person suffering from an open sore or any loathsome, infectious or contagious disease shall be permitted inside the licensed premises. If such a person is found in any such premises, the licensee shall immediately report the fact to the nearest Health Officer, Health Inspector or other Officer not below the rank of a Health Assistant of the Health Services Department or to the licensing authority and the licensee shall at his own Cost take such steps as may be required by such officer or authority to disinfect the place and to prevent the further spread of the infection.
(vii) The licensed premises shall not be kept open after 2 a.m. without special permission from the licensing authority.
(viii) The licensing authority or any subordinate Officer duly authorised by the Licensing Authority, Officers of the State Government exercising control or supervision over the local authority, the Health Officer, the Health Inspector, the Health Assistant having jurisdiction over the area, and any Police Officer specially deputed to keep order during any entertainment in the licensed premises shall at all times have free access to the said premises to see whether the conditions of the licence are fulfilled.
(IX) The licensing authority may add such other conditions not inconsistent with these rules to the licence as he may deem desirable in the interest of health and safety of the public.
35. Printing of the conditions in the licence.- Section 9 of the Act and Rules 4 to 18, 20 to 25 and 34 shall be printed at the foot of the licence granted.
36. Crediting of fines, etc., to the local authority.- All fines, licence fee and cost of prosecutions, if any, realised by the Magistrate in accordance with the provisions in Section 16 of the Act shall be credited to Government in the first instance and shall be disbursed to the concerned local authorities prosecuting the case on the basis of the yearly statement furnished by the Registrar, High Court of Judicature, Government of Kerala.
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |
വർഗ്ഗം:റെപ്പോയിൽ സൃഷ്ടിക്കപ്പെട്ട ലേഖനങ്ങൾ 300 PLACES OF PUBLIC RESORT RULES, 1965 APPX APPENDIX See Rule 15 Scale of Sanitary Accommodation to be provided:- Men : Urinals - For Every 50 persons one set having at least 10 stalls. Latrines - For every 100 persons one set having seating accommodation for at least five persons. Women : Same scale as for men. APPENDIX II See Rule 31) Form of Licence
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; (b) that the enclosed place or building has been used for other purposes of public resort or entertainment than that for which the licence was granted; (c) that the place or building can no longer be safely used for purposes for which the licence was granted. (Signature) (Authority granting licence) (Signed) Seal (Designation) Explanatory Note (This note is not part of the rules but is intended to indicate their general purport) Section 19 (1) of the Kerala Places of Public Resort Act, 1963 provides for the issue of rules by the Government to carry out the purposes of the Act. The above Rules are intended to regulate the licensing of places of public resort under the said Act.
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ഈ താൾ 2018 -ലെ പഞ്ചായത്ത് റെപ്പോ നിർമ്മാണം യജ്ഞത്തിന്റെ ഭാഗമായി സൃഷ്ടിച്ചതാണ്. |