- (a) Any Officer authorised by the 1( State) Government in this behalf may enter any place of entertainment while the entertainment is proceeding; and any place ordinarily used as a place of entertainment 2 (including any building, enclosure or office attached thereto where tickets or any records, documents and registers are kept) at any reasonable time, for the purpose of seeing whether the provisions of this Act or any rules made thereunder are being complied with.
(b) Every officer so authorised shall be deemed to be a public servant within the meaning of 3Section 21 of the Indian Penal Code (Central Act 45 of 1860).
- Adoptation of Laws (Amendment) Order, 1954 has substituted this for the word "Province"
- Act No.12 of 1958 has inserted this w.e.f. 1.10.1958.
- Section 21 of Indian Penal Code, 1860 reads as follows;
"PUBLIC SERVANT" :
The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely :
- [Repealed by the Adaptation of Laws order, 1950.]
- Every Commissioned Officer in the Military, Naval or Air Forces of India;
- Every judge including any person empowered by law to discharge, whether by himself or as a member of any body of Persons, any adjudicatory functions;
- Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial Process, or to administer any oath, or to preserve order in the Court, and every person specially authorised by a Court of Justice to perform any of such duties;
- Every juryman, assessor, or member of a panchayat assisting a Court of justice or public servant;
- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of justice, or by any other competent public authority;
- Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
- Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice or to protect the public health, safety or convenience;
- Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;
- Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
- Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
- Every person -
(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government
(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956).
- The proprietor of every entertainment or the owner or persons in charge of any place ordinarily used as a placed of an entertainment 1(i ncluding any building, enclosure or office attached thereto where tickets or any records, documents and registers are kept) shall give every reasonable assistance to the inspecting office in the performance of his duties; under sub-section (1).
1 Act No.12 of 1958 has inserted this w.e.f. 1.10.1958.
(2A) 1(If the officer so authorised by the State Government in this behalf has reasonable ground to suspect that a contravention of the provisions of this Act or the rules made thereunder has been committed, he may enter and search at all reasonable times any premises where books records, accounts, registers, tickets, used and unused and portions thereof, or any other article connected therewith are kept or are suspected to be kept by the proprietor, and may, for reasons to be recorded in writing, seize such books, records, accounts, registers, tickets, used and unused, and portions thereof, or any other article connected therewith as he may consider necessary, and shall give the proprietor or the person in-charge of the premises a receipt for the same. The books, records, accounts, registers, tickets and portions thereof, or any other article so seized shall be retained by such officer only for so long as may be necessary for the purpose of investigation).
1 Act No. 7 of 1976 has substituted this w.e.f. 25.2.1974.
- 1[If any person prevents or obstructs entry, search and seizure by the inspecting officers, he shall, in addition to any other punishment to which he is liable under any law for the time being in force, be punished with fine which may extend to one thousand rupees.]
1 Act No.16 of 1985 has substituted this w.e.f. 3-1-1986.
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