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Bombay Presidency - Section

Section 131 in Bombay Police Act, 1951

131. Penalty for contravening rules, etc., under section 33. - [ [Save as provided in section 131A, whoever]-

(a)contravenes any rule or order made under section 33 or any of the conditions of a licence issued under such rule or order; or(b)abets the commission of any offence under clause (a) shall, on conviction, be punished] -(i)if the rule or order under which the said licence was issued was made under clauses (b), (g), (b), (i), sub-clauses (i) and (ii) of clause (r) or clause (u) of sub-section (1) of section 33, with imprisonment for a term which may extend to eight days or with fine which may extend to [one thousand two hundred fifty rupees] or with both;[(ia) if the rule or order which the said licence was issued was made under sub-clause (iii) of clause (r), of sub-section (1) of section 33, with imprisonment for a term which may extend to three months or with fine which may extend to two thousand rupees or with both.](ii)if the rule or order contravened was made under clause [(wb) or (x)] of sub-section (1) of section 33, with imprisonment for a term which may extend to three months or with fine which may extend to [twelve thousand 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 clauses (n) and (o) of sub-section (1) of section 33 with fine which may extend to [five thousand rupees];(iv)if the rule or order contravened was made under clause (b) of sub-section (1) of section 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 thousand five 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 thousand rupees]; and(v)if the rule or order contravened or the rule or order under which the said licence was issued [was made under any clause of sub-section (1) section 33 and for the contravention of which no penalty is provided for under this section], with fine which may extend to [five hundred rupees].[131AA. 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 [or a place in which a dancing school is conducted] shall be responsible, as well as the actual offender, for any offence under section 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].[131A. [Penalty for not obtaining licence in respect of place of public entertainment or certificate or registration in respect of eating house or for not renewing such licence or certificate within prescribed period]. - (1) Whoever fails to obtain a licence under this Act in respect of place of public entertainment [or a place in which a dancing school is conducted] [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 [two thousand rupees.]
(2)Any Court trying any such offence shall in addition direct that the person keeping the place of public entertainment, [or the eating house,] [or conducting a dancing school], in respect of which the offence has been committed shall [close such place, dancing school, or as the case may be, [or eating house] until he obtains a licence or fresh licence, [or certificate of registration, 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 [five thousand rupees] or with both.
(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 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.]