Amendment status not verified — confirm the current text below against the official source.
Penalty for contravening rules. etc., under Sec. 33. 2[ 3[Save as provided in Sec. 131-A, whoever]- (a) contravenes any rules or order made under Sec. 33 or any of the conditions of a licence issued under such rule or order, or 1 Section 130-A was Inserted by Bom Act 20 of 1953, Sec. 15. 2 This portion was substituted for the original by Bom Act 21 of 1954, Sec. 3. Second Schedule. 3 These word were substituted for the words “whoever” by Bom Act 28 of 1954, Sec. 10. 60 (b) abets the commission of any offence under Cl. (a) shall, on conviction be punished]- (i) if the rule or order under which the said licence was issued was made under Cls. (d), (g), (h), (i), sub-clauses (i) and (ii) of Cl. (r) or C1. (u) of sub-section (1) of Sec. 35, with imprisonment for a term, which may extend to eight days or with fine which may extend to fifty rupees or with both; (ii) if the rule or order contravened was made under Cl. (x) of sub-section (1) of Sec. 33, with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both; (iii) if the rule or order contravened or the rule or order under which the said licence was issued was made under Cls. (n) and (o) of sub-section (1) of Sec. 33 with fine which may extend to two hundred rupees; (iv) if the rule or order contravened was made under Cl. (b) of sub-section (1) of Sec. 33 and prohibits the sale or exposure for sale of any goods on any street or portion thereof so as to cause obstruction to traffic or inconvenience to the public- (a) for the first offence with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both; and (b) for a subsequent offence with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; and (v) if the rule or order contravened or the rule or order under which the said licence was issued 1[was made under any clause of sub-section (1) of Sec. 33 and for the contravention of which no penalty is provided under this section], with fine which may extend to fifty rupees. 2[131-A. 3Penalty for not obtaining licence in respect of place of public entertainment or certificate of registration in respect of eating house or for not renewing such licence of certificate within prescribed period]. (1) Whoever fails to obtain a licence under this Act in respect of a place of public entertainment 4[or a certificate of registration thereunder in respect of any eating house, or to renew the licence or the certificate as the case may be] within the prescribed period shall, on conviction, be punished with a fine which may extend to Rs.50. (2) Any court trying any such offence shall in addition direct that the person keeping the place of public entertainment 5[or the eating house] in respect of which the offence has been committed shall close such place 6[or eating house] until he obtains a licence or fresh licence 7[or a certificate of registration or fresh registration certificate] as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction. (3) If the person fails to comply with any such direction he shall, on conviction be punished with imprisonment for a term which may extend to one month or with fine which may extend to Rs. 200 or with both. 1 Substituted by Maharashtra Act 30 of 1962, Sec. 2. 2 Section 131-A was inserted by Bom Act 28 or 1954, Sec. 11. 3 Subs by Maharashtra Act 11 of 1969. 4 Ins by ibid. 5 Ins by ibid. 6 Ins by ibid. 7 Subs by ibid. 61 (4) Without prejudice to any action taken under sub-section (3) on the failure of such person to comply with the direction of the Court any Police officer authorized by the Commissioner or the District Magistrate, as the case may be by an order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of such officer, be reasonably necessary for securing compliance, with the Courts’ directions]. 1[131-AA. Liability of licensee of place of public entertainment for acts of servants. The holder of a licence, granted under this Act, in respect of a place of public entertainment shall be responsible, as well as the actual offender, for any offence under Sec. 131 committed by his servant or other agent acting with his express or implied permission on his behalf, as if he himself had committed the same, unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence].