KP Act 105Chapter VIII · Offences And Punishments

Section 105 · Penalty for not obtaining a licence or for not renewing the licence within the specified period in respect of public entertainment

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(1)

Whoever fails to obtain a licence under this Act in respect of a place of public entertainment or to renew a licence granted under this Act in respect of such a place within the prescribed period, shall, on conviction, be punished with fine which may extend to fifty rupees.

(2)

Any court trying such an offence shall, in addition, direct that the person keeping a place of public entertainment in respect of which an offence has been committed, shall close such place until he obtains the licence, or a fresh licence, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction.

(3)

If a person fails to comply with any direction under sub-section (2), he shall on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.

(4)

Without prejudice to any action taken under sub-section (3), on failure of such a person to comply with the directions of the court, any Police Officer authorised 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 court's direction.

The offence at a glance

Maximum punishment
1 month
Fine
₹200
Cognizable
Non-cognizable
Bailable
Bailable
Compoundable
Not compoundable
Triable by
Any Magistrate
  • Non-cognizable — Police cannot investigate without a Magistrate's order
  • Bailable — Bail is your right — it can be granted at the police station

Sub-sections of this section carry different penalties; the maximum is shown.

Derived from the First Schedule Part II rule — not listed section by section

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