The Nagaland Cinemas (Regulation) Act 1969 Complete Act - Bare Act

Received the assent of

the President of India on the 23th March 1970

Published in the Nagaland Gazette-Extraordinary, dated the

25th March, 1970

An Act to make provision for regulating exhibitions by means of cinematographs and the licensing of

cinemas

in the State of Nagaland.

WHEREAS

it is expedient r o make provision for regulating exhibitions by means of cinematographs and the licensing the State

It

is hereby enacted in

the Twentieth Year of the Republic of India as follows: -

(1) This Act may be called the

Nagaland Cinemas [Regulation) Act, 1969.

(2)

It extends to the whole of Nagaland.

(3) It

shall come into force on such date as the State Government may, by notification in the Official

In this Act, unless there is anything repugnant in the subject or context

;

(a)"cinematograph" includes any apparatus for the representation of moving pictures or series of pictures

;

(b)

"place" includes a house, building, tent and any description of transport, whether by river, land

or air ;

(c) "prescribed" means prescribed by rules made under this Act.

Save as otherwise provided in this Act, no person shall give an exhibition by means of cinematography elsewhere than

in a place licensed under this Act, or otherwise than in compliance with any condition and restrictions.

Subject to provisions of section 5, the Deputy

Commissioner; within the jurisdiction of his district or any other authority constituted by the State Government by notification in the Official Gazette (hereinafter referred to as the Licensing Authority) for the whole or any part of the State may grant licenses under this Act:

Provided that no

license shall be issued uthority except with the previous approval of the State Government and, in according such approval the State Government shall taken into consideration all applications for the license in question and after such consideration may accord its approval to the proposal submitted by the Licensing. Authority or direct such authority to grant a license to any of the other applicants with or without such conditions as it may deem proper and in such cases such direction shall be deemed to be the previous approval of the State Government.

(1) The Licensing Authority shall not grant a license under this Act

unless it is satisfied that-

(a)

the rules made under, this Act

, have been substantially complied with ; and

(b)

adequate precaution hove been taken in the

place in respect of which the license is to be given to provide for the safety of persons attending exhibitions therein.

(2) The State Government may, from time to time, issue direction to license generally

or to any license in particular for the purpose of regulating the exhibition of any film or class or films, so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited, or-where any such directions have been issued those, directions shall be deemed .to be additional conditions the license has been granted.

Power

of the State Government or Deputy Commissioner to suspend exhibition of films in certain cases:-

(1)

The Government in respect of the whole of the State or any part thereof, and the Deputy Commissioner within his jurisdiction may,-

(i)

if they or he are or is of opinion that any

film which is being or is about to be publicly exhibited is likely to cause a breach of the peace; or

(ii)

for any

other sufficient reason, by order, suspend the exhibition of the film ; and during such suspension, no person shall exhibit such film or permit it to be exhibited in any place in the State or any part or district thereof, as the case may be.

(2) No order shall be issued under sub-section (1) until the person concerned has been given a reasonable opportunity of showing cause against the order proposed to be issued in regard to him

.

Provided that this sub-section shall not apply where the Government

or the Deputy Commissioner for issuing the order shall be communicated to the person concerned as soon as it becomes reasonably practicable to communicate the reason to him.

(3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (2), the decision thereon of the Government or the Deputy Commissioner, as the case, may be shall be

final.

(4)

Where an order under sub-section (1) has been issued by the Deputy Commissioner, a copy thereof, together with a 'statement of the

reasons therefore, shall forthwith be forwarded by him to the Government, and the Government may on a consideration of all the facts

(5)

An order issued under sub-section (1) shall remain in force for a period of two weeks from the date thereof, but the Government may, if they are of opinion that the order should continue in force, direct that the period of suspension shall

be extended by such further period or periods not exceeding six weeks in the aggregate as they think fit:

Provided that the Government or

the Deputy Commissioner may review their own order.

If

the owner or person in charge same or allows it to be used, or if the owner or occupier of any place permits that place to be used in contravention, of the provisions of this Act and Rules made there under or of the conditions and restrictions upon or subject to which any license has been given under the Act, he shall be punishable with fine, which may extend to one thousand rupees and in the case of a continuing offence, with a further fine which may extend to one hundred rupees-far each day during which the offence continues.

In

the event of any contravention by the holder or subject him under this Act or in the event of his conviction of an offence under section 7 of this Act or under section 7 of the Cinematograph Act, 1952 (XXXVLI of 19S2), the licensing Authority may revoke the license or suspend it for such period as

(1)

Any person aggrieved by the decision of the Licensing Authority under any provision of this Act except an order passed under. Section 4 may appeal to the State Government or to such offi

cer as the State Government m y authorise in this behalf and the State Government or such officer, as the case may be, may make such order as it or he deems proper.

(2)

Appeal under sub-section (1) shall be filed within 15 days from the date of the order excluding the period required in obtaining the copy of the order .provided that the Appellate Authority may extent the

time for reasons found sufficient to its satisfaction.

(3) Any person considering himself aggrieved by an order passed under section 4 for; granting a license with the approval of the State Government may file an application for review of the order and the approval to the State Government

within a period of 30 days from the date of

(i)

reject

the application, or

(ii)

where it

is of opinion that sufficient ground for review has been established, grant the same,

(0)

by withdrawing its approval or direction issued under section 4 and remand the applications to the Licensing Authority concerned for fresh enquiry, or

(iii)

direct

the Licensing Authority to issue the license to any of the applicants.

(4)

All appeals pending on the date of the commencement of this Act shall be disposed of in accordance with the of this Act.

(1) The State

Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions

(2)

In particular and without prejudice to the generality of the foregoing power, rules made under this Act may provide for-

(a)

the procedure

in accordance with which a license may be obtained and the terms, conditions and restrictions, if any, subject to which a license may be granted under this Act ;

(b)

the regulation of cinematograph exhibitions for securing public safety

;

(c) the time within which and the conditions subject to which an appeal under section 9

may be preferred.

(d)

regulating the means ;

(e) regulating or prohibiting the sale of any ticket or pass for admission by whatever

name called to a place licensed under this Act.

(3) Every rule made under this section shall be laid, as soon as may

be after it is made, before the Nagaland, Legislative Assembly while it is in session for a total period of fourteen days which may be comprised following the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the ; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The State Government may, by order in writing exempt subject to such conditions and restrictions as it may

impose, any cinematograph exhibitions from any of the provisions of this Act or of any Rules there under.

The Assam

Cinema (Regulation) Act, 1953 (Act XIV of 1953) in its application to the State of Nagaland and in so far as it relates to the regulation of Exhibition by means of Cinematograph (including licensing of places in which Cinematograph film are exhibited), is hereby repealed

Provided that .any appointment, notification, order, scheme, rules, form or bye-law made or issued under

the repealed Act, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have made or issued under the provisions of the Act, unless and until it form or bye-law made or issued under this Act.