(l) No person shall in any enclosed place or building used as a 232 place of public resort 01 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 budding 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 {mm the prowsions of this sub-section.
(2) For the purposes of sub-section (1), ‘ prohibited eriod ’ means so much ofthe period commencing thirty minutes be ore the beginning ofthe entertauiment and ending with the teimination thereof, as may fall within the hours which the State Government may, by notification in the Gazette, specify in this behalf for enteitainments generally or any class of entertainments.
(3) Any person who contravenes the provisions of this section shall be liable to be CJCCICd 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. Pralmzan ty'arli'an taken under the AcL—No suit, prosecution or legal proceeding shall lie against any peison rm anything which is in good faith done 01 intended to be done in pursuance of this Act or the rules made thereunder.
_ lG. Penalies.—(l) Eveiy person who, having the immediate control of any enclosed place or building, uses or permits it to be used as a place of public iesort 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 five hundred rupees.
(2) Any fine imposed by a Magistrate under sub-section (”shall be recoverable by such Magisliate under the Code of Criminal Procedure, 1898 and the same shall on recovery be paid over to the authority mentioned in section 5.
(3) Whenevm any person is conwcted ofan 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 {or 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.
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(4) Notwithstanding anything contained in the foiegoing provisions, the licensing authority or any person authorised by hu’n 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.
17. Duties afpolue Wan—(l) 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 commitlor of the commissmn of any oflence under this Act or any rule made under it ; and
(b) to assist the licensmg authority or any officer authorised by him reasonably demanding his aid for the lawful exerCisc of any power vesting in such authority or officer under this Act or 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).