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Bengal Presidency - Section

Section 39 in The Calcutta Police Act, 1866

39. Commissioner of Police may grant licences for places for which no licences are required under the Bengal Excise Act

(1)The Commissioner of Police may, at his discretion, from time to time, grant licenses to the keeprs of which houses or places of public resort and entertainment as aforesaid for which no licence as is specified in the Bengal Excise Act, 1909, is required upon such conditions, to be inserted, in every such licence, as he with the sanction of the said State Government from time to time shall order, for securing the good behaviour of the keepers of the said houses or places of public resort or entertainment, and the prevention of drunkenness and disorder among the persons frequenting or using the same; and the said licenses may be granted by the said Commissioner, for any time not exceeding one year:Provided that the said Commissioner may, by order, refuse to grant any licence, under this sub-section, if for reasons to be recorded in writing, he is of the opinion that--
(i)the character of antecedents of the applicant for such licence or the nature of the trade or calling pursued by him, make him unsuitable for the grant of such licence; or
(ii)the location of the house or place of public resort and entertainment in respect of which such licence is required is unsuitable for the grant of such licence on the ground of congestion of traffic, want of adequate space for parking vehicles or difficulty in maintaining public peace, order or safety or on any other similar grounds.
(2)Any person aggrieved by an order refusing to grant a licence under the proviso to sub-section (1) may, within thirty days from the date of such order, prefer an appeal against such order to the State Government may, after giving the appellant an opportunity of being heard, confirm, modify or set aside such order.