The Assam Municipal (Amendment) Act, 1935
# ASSAM ACT V III OF 1935.

[Published in the _Assam Gazette of 18th December_

1938.]

THE ASSAM M UNICIPAL (AMENDMENT)

ACT, 1935.

_An Act further to amend the Assam Municipal_

_Act, 1923,_

. iTcambie. W hbrbas it is expedient further to amend the

Assam Municipal Act, 1923.

« It is hereby enacted as follows :—

**•** **Short Hilo.**

1.(1) This Act may be called the Assam Mu­

nicipal (Amendment) Act, 1935.

Commencement. c o m 0 [ j]n t o [ f]o r c e o n [ the first day of]

January 1936.

new"<’r,io"oti0M 2. After section 236of the Assam Municipal

S36A to 23«d. Act, 1923 (hereinafter referred to as the said

Act), the following new sections shall be inserted.

“ 236A.(1) No premises shall be kept open for

the purposes of regular gain by means of public

cinematographic exhibitions, dramatic performan­
ces, circuses, variety shows, or as a place of public
resort for similar recreations or amusements

unless a license has been granted therefor by the
Board at a meeting, which license shall be annual­
ly renewable, and in accordance with such con­
ditions as the Bonrd, subject to rule, may think
fit to impose:

Provided, firstly, that such conditions shall not

be inconsistent with the terms of any license
which may be required for such premises under

t any other Act ;

Provided, secondly, that this section shall not

apply to private amateur performances or to per­
formances held wholly for the benefit of a charity,
in any such place ; and

Provided, thirdly, that notwithstanding the

provisions of section 59(2) the imposition of a
license fee exceeding rupees one hundred on any
cinema house or other place of amusement as
aforesaid shall require the approval of the

Local Government.

## Price EngHs 'i. Id.} [Indian anna 1.


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(2) If within a period of three months following

the receipt of an application for license under
this section the Board at a meeting has not
passed orders thereon, either granting or refusing
a license, it shall be deemed to have granted
the license.

(3) No place within the municipality shall be

used for the purpose of public cinematographic
performances, circuses, variety shows, or as a
place of public resort for similar recreations or
amusements, otherwise than for the purpose of

regular gain, without the previous permission cf
the Board and in accordance with such conditions
and on such terms as the Board, subject to rule,
may see fit to impose.

236B. (1) Subject to the provisions of sec­

tion 236D any license "ranted under section

236 A may at any time be suspended or revoked

by the Board at a meeting if any of the restric­
tions, limitations or conditions attached to the
license be evaded or infringed by the grantee, or
if the grantee be convicted of a breach of any

of the provisions of the Act or of any rule or
bye-law made thereunder in any matter to which
such license relates, or if the grantee has obtained
the same by misrepresentation or fraud.

(2) When any such license is suspended or

revoked and until such order of suspension or
revocation is cancelled, or when the period for
which it was granted, or the period within which

application for renewal should be made, has

expired, whichever expires later, the grantee

shall for all purposes of this Act, or any rule or
bye-law made under the Act, be deemed to be

without a license

236C. Every order of a Board at a meeting

granting, refusing, suspending, revoking or modi­
fying a license or permission under section 236A
shall be in writing, shall state the grounds on
which it proceeds, shall be published on the notice
board of the Board’s Office, and shall be served
on the owner of the premises concerned within
fourteen days.

236D, Any person aggrieved by an order grant­

ing, refusing, suspending or revoking a license or
permission under the aforesaid section may, not­
withstanding anything contained elsewhere in this
Act, appeal to the Local Government within thirty

days from the date of the order. The decision

of the Local Government shall be final and shall
not be questioned in any Court.”


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s»ction'[,]23»nL“{ S- (*> In section 239 of the said Act the word

insertionofuew “or” shall be inserted at the end of stib-section(2)
2*« '[on](xvin.>j and the following sub-section shall be

**and 297(XXIIa).** **a ( J d e d**

“ (3) uses any premises for the purposes of

public cinematographic exhibitions, dramatic per­
formances, circuses or variety shows, or as a
place of public resort for similar recreations or
amusements, in contravention of the provisions
of section 236A.”

(m) In section 296 of the said \ct the follow­

ing new sub-clause shall be inserted :—

“ farpwaj regulate the conditions which may be

imposed for the grant of licenses for places of
public resort for recreations and amusements.”

_(Hi) In_ section 297 of the said Act the

following new sub-clause shall be inserted :—

_“ Crriia) preventing_ nuisances affecting the

public health, safety, or convenience in places of
public resort for purposes of recreation or

amusement.”

A. G. P. (Leg.) No. 192-726+726—16-1-1936.


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