The Places of Public Amusement Act, 1933

¹An Act to provide for the better control of certain places of public amusement. WHEREAS it is expedient to provide better control of certain places of public amusement and for the prevention of gambling in such places. [* * *] It is hereby enacted as follows:-

Section 1. Short title, local extent and commencement

(1) This Act may be called the ²* * * Places of Public Amusement Act, 1933.

(2) It extends to the whole of Bangladesh ³except a Metropolitan Area.

(3) This section, section 3 and section 12 shall come into force at once and the Government may, by notification in the official Gazette, direct that the remaining provisions of the Act shall come into force in any area on such date as may be appointed in the notification.

Section 2. Definitions

In this Act unless there is anything repugnant in the subject or context-

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(3) "place of public amusement" means any place, enclosure, building, vessel, tent, booth or other erection, whether permanent or temporary, where music, singing, dancing or any diversion or game or the means of carrying on the same is provided and to which the public are admitted either free or on payment of money or on any other consideration and includes a carnival, circus or amusement park.

(4) "prescribed" means prescribed by rules made under this Act.

Section 3. Power to declare notified places of public amusement

The Government may, by notification in the official Gazette, declare that any places, or classes of places, of public amusement, specified in the notification, shall be notified places of public amusement for the purposes of this Act.

Section 4. Prohibition to open or keep open a notified place of public amusement without a licence

No person shall without, or otherwise than in conformity with the conditions of, a license granted under this Act open or keep open any notified place of public amusement.

Section 5. Licence to open and keep open a notified place of public amusement

(1) the District Magistrate within the limits of his jurisdiction, may, on receipt of an application in the prescribed form, containing the prescribed particulars, and on payment of the prescribed fee, grant to any person a licence to open a notified place of public amusement and to keep the same open for such period as may be specified in the licence on such conditions as may be prescribed in this behalf.

(2) When under any law a license is required from any local authority for any place which is a notified place of public amusement under this Act, no license shall be granted under this Act in respect of such place until a license has been obtained from the local authority concerned.

(3) A license may be refused in any case in which the District Magistrate has reason to believe that the notified place of public amusement will be conducted in contravention of any of the conditions of a license which he is empowered to grant under this Act or is likely to lead to a breach of the peace, or to cause obstruction, annoyance or injury to residents in the locality.

Section 6. Power to declare certain games to be against public interest

The Government may, by notification in the official Gazette, declare that the paying in any notified place of public amusement of any game or class of games specified in the notification is, in its opinion, against the public interest.

Section 7. Power to suspend the playing of certain games

The District Magistrate within the limits of his jurisdiction may, by an order in writing served in the prescribed manner, suspend the playing, pending the receipt of the opinion of the Government, in any notified place of public amusement, of any game or class of games which, in his opinion, is against the public interest and shall forthwith refer the matter to the Government for opinion:

Provided that no such order shall remain in force for more than two months after it is made.

Section 8. Power to close any notified place of public amusement

(1) If the District Magistrate, within the limits of his jurisdiction, is satisfied that any notified place of public amusement is being kept open without, or in contravention of the conditions of, a licence granted under this Act he may by an order in writing, serve in the prescribed manner, direct that such place shall be closed within such period as may be specified in the order. If the place is not closed within the period so specified any police officer authorized in writing in this behalf by the District Magistrate may take any steps which may be necessary to close the said place.

(2) The owner, the lessee or the manager of such place may apply in the prescribed manner to the District Magistrate for revision of an order passed by him under sub-section (1).

(3) Any police officer not below the rank of an Assistant Sub-Inspector may enter any notified place of public amusement if he has reason to believe that such place is being kept open in contravention of the conditions of a licence granted under this Act.

Section 9. Penalty for unlawfully keeping open a notified place of public amusement

If a notified place of public amusement is opened or kept open without, or in contravention of the conditions of, a licence granted under this Act the owner, the lessee or the manager of such place shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka or with both.

Section 10. Penalty for contravention of an order under section 8

If a notified place of public amusement is kept open in contravention of an order served under section 8 the owner, the lessee or the manager of such place shall be punishable with fine which may extend to one thousand Taka, for every day on which such place is kept open in contravention of the said order.

Section 11. Power of Sub-divisional Magistrate

The Government may empower any Sub-divisional Magistrate to exercise within the limits of his jurisdiction any of the powers of the District Magistrate under this Act:

Provided that any order passed by a Sub-divisional Magistrate may be reversed or modified by the District Magistrate.

Section 12. Rules

(1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

Provision may be made by such conditions-

Section 13. Indemnity

No civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under this Act.