Kerala Places of Public Resort Rules, 1965
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 license 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 staircase of a building are made of non-inflammable materials the building shall, for the purpose of these rules be deemed to be a permanent bui
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 window in each of the places to which the public are admitted is not less than one tenth of the floor area thereof:
Provided that the Licensing Authority in consultation with the Health Officer, may-
(i) permit the use of extractors of other artificial means of ventilation to provide for a sufficient s
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.
The Licensing Authority may relax the conditions in Rules 3 and 4 on the recommendation of the Health Officer.
The licensee shall, except when such building is used in day time and no artificial lighting is required, provide suitable lighting therein and in the open space attached thereto.
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.
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.
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.
The licensee shall cause all open spaces in the licensed premises to be paved or gravelled to the satisfaction of the licensing authority.
(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 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 a board 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.
The licensee shall provide reasonably sufficient separate accommodation for women.
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.
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.
The licensee shall provide suitable means of drainage to the building and also sanitary conveniences of such description and 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.
The licensee shall where a continuous supply of pipe-water is available, provide such number of water taps and such places as may be prescribed on the recommendation of the Health Officer.
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.
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.
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 Government or 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.
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 is required provide suitable lighting therein.
The licensee shall cause every part of such building or place to be maintained in proper sanitary condition.
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 gang ways, the stage, the stair-cases and all places to which the public are not admitted.
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.
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.
The licensee shall not permit or suffer:
(a) any light to be affixed to the side walls or posts of such building or place;
(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.
(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 traveling 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 place 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 superstructure either annual or temporary licences may
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.
(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 within the Corporations. Town-ships and Municipalities a fee of Rs. 75 for an area of 100 sq. metres or less with an additional fee of Rs. 37.50 for every 50 sq. metres of 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 Rs. 20 for an area of 100 sq. metres or less with an additional fee of Rs. 10 for every 50 sq. metres of 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, Town-ships and Municipalities a fee of Rs. 20 per mensem or Rs. 2 per day for an area, of 100 sq. metr
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 entertainment namely:-
(a) entertainment, the proceeds of which are utilized for purpose of philanthrophic, 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 society for the purposes of promoting the public health or the interest of agriculture or of a manufacturing industry and consists soley 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
(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 case of emergency shall be specified i
Every licence granted under the Act shall be in the form in Appendix II.
Any person requiring a licence shall apply to the licensing authority at least twenty one 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.
An application for renewal of a licence under Section 9 of the Act shall be presented by the licencee 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.
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 gun powder 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 loath some, infectious or contagious disease shall be permitted inside the licensed premises. If such a person is fou
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.
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.
| Appendix I |
| (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. |
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