The Punjab Cinemas (Regulation) Act, 1952 Complete Act - Bare Act

Punjab Act

No. XI
1952

[Received the assent of the Governor of Punjab on the 16^th August, 1952, and first published in the Punjab Government Gazette (Extraordinary)of August, 19, 1952.]

An Act to make provision for regulation exhibitions by means of cinematographs in the (Substituted for the word, 'Punjab' by the Haryana Adaptation of Laws Order, 1968) Haryana.

It is hereby enacted as follow:-

(1) This Act may be called the Punjab Cinemas (Regulation) Act, 1952

(2) It extends to the whole of the State of (Substituted for the word, 'Punjab' by the Haryana Adaptation of Laws Order, 1968) Haryana.

(3) It shall be deemed to have come into force on 28^th of July, 1952 (Added by ibid) in the principal territories and on the 3^rd April, 1957, in the transferred territories.]

2.

Definitions.

In this Act, unless the context otherwise requires,-

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

(b) "Government" means the Government of the (Substituted for the words "State of Punjab" byibid) State of Haryana;

(c) "Place" includes a house, building, tent and any description of transport, whether by sea, land or air;

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

3.

Cinematograph exhibition to be licensed.

Save as otherwise provided in this Act, no person shall give an exhibition by means of a cinematograph, elsewhere then in a place licensed under this Act or otherwise than in compliance with any condition and restriction imposed by such license.

4.

The authority having power to grant licenses under this Act (hereinafter referred to as the ˜licensing authority'), shall be the District Magistrate;

Provided that the Government may, by notification in the official Gazette, constitute for the whole or any part of the State, such other authority as it may specify therein to be the licensing authority for the purposes of this Act.

5.

Restrictions on power of licence authority.

(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 complied with , and

(b) adequate precautions have been taken in the place, in respect of which the license is to be given to provide for the safety of the persons attending exhibitions therein.

(2) Subject to the foregoing provisions of this section and to the control of the Government, the licensing authority may grant licenses under this Act to such persons as it think fit, on such terms and condition as it may determine.

(Provisio to sub-section (2) of section 5 inserted by Haryana Act 5 of 1968.)

[Provided that it shall be deemed to be a condition of every licence whether granted before or after the commencement of the Punjab Cinemas (Regulation) Haryana Amendment Act, 1968, that if a licensee fails, without sufficient cause, to give exhibition, by means of a cinematograph, for a period of fifteen days in a month whether consecutively or otherwise, his licence shall be liable to cancellation under clause(b) of sub-section(1) of section 8]

(3) Any person aggrieved by the decision of the licensing authority refusing to grant a license under this Act may, within such time as may be prescribed, appeal to the Government or to such officer as the Government may specify in this behalf and the Government or the officer, as the case may be, may make such order in the case as it or he thinks fit.

(4) The Government may, from time to time, issue directions to licensees generally or to any licensee in particulate for the purpose of regulating the exhibition of any film or class of 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 and where any such directions have been issued those directions shall be deemed to be additional conditions subject to which the license has been granted

6.

(1) The Government in respect of the whole of the (Substituted for the word, 'Punjab' by the Haryana Adaptation of Laws Order, 1968) State of Haryana or any part thereof and the District Magistrate, in respect of the district within his jurisdiction, may , if it or he, as the case may be, is of opinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the film and during such suspension the film shall be deemed to be uncertified film in the State, Part of the State or district, as the case may be.

(2) Where an order under subsection (1) has been issued by a District Magistrate, the District Magistrate thereof, together with a statement of reasons therefore shall forthwith forward a copy to the Government, and the Government may either confirm or rescind the order.

(3) An order made under this section shall remain in force for a period of two months from the date thereof, but the Government may, if it is of opinion that the order should continue in force, direct that the period of suspension shall be extended by such further period as it thinks fit.

7.

Penalty.

(Substituted by Haryana Act 12 of 1985)

[(1) If the owner or person incharge of a cinematograph uses the 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 or of the rules made thereunder, or of the conditions upon, or subject to, which any licence has been granted under this Act, the licensing authority may, after affording such owner or person, as the case may be, an opportunity of being heard, direct him to pay by way of penalty a sum not exceeding one thousand rupees and, if the breach is a continuing one, to pay a further penalty not exceeding one hundred rupees for every day after the first during which the breach continues.

(2) Any person aggrieved by an order passed by the licensing authority under sub-section (1) may, within a period of thirty days from the date of communication to him of such order, prefer an appeal to the Government and the Government shall, thereupon, pass such order as it may think fit after affording a reasonable opportunity to the parties affected thereby of being heard.]

(Sub-Section (7A), (7B), (7C), inserted by Haryana Act 21 of 1969)

7A.Amendment or alteration in classification of sears and rates for admission by the licensees.

[(1) The licensee shall adhere to classification of seats and the rates for admission to the cinematograph exhibition as approved by the licensing authority and shall not amend or alter the same without the written approval of the licensing authority.

(2) If the licensee intends to increase the rates for admission to cinematograph exhibition, he shall make an application in writing to the licensing authority stating the reasons therefor, at least seven days before the date on which it is proposed to give effect to the increase in such rates.

(3) If the licensing authority is satisfied that the increase in the rates for admission to the cinematograph exhibition will not unreasonably affect the purchaser of the cinematograph exhibition tickets, it may, for reasons to be recorded in writing grant the approval for such increase:

Provided that such approval shall not be granted by the licensing authority more than twice a year.

(4) Any person aggrieved by the decision of the licensing authority under sub-section (3) may, within such time as may be prescribed, appeal to the Government and the Government may make such order in the case as it thinks fit.

If the Government is of opinion that it is necessary or expedient so to do in the public interest, it may, by order, for reasons to be recorded in writing, amend or alter the rates for admission to the cinematograph exhibition and the licensee shall comply with such order accordingly.

[(1) Notwithstanding anything contained in section 56 of the Indian Easements Act, 1882, a ticket for admission to a cinematograph exhibition shall not be re-sold for profit by the purchaser thereof.

(2) Whoever re-sells any ticket for admission to a cinematograph exhibition for profit shall be punishable with fine which may extend to two hundred rupees.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this section shall be deemed to be cognizable within the meaning of that Code.]

(Substituted for Section 8 by Punjab Act 6 of 1955, Section 2)

8.

(1) Not withstanding anything contained in this Act, the State Government or the licensing authority may at any time suspend, cancel or revoke a license granted under section 5 on one or more of the following grounds namely:-

a. The license was obtained through fraud or misrepresentation;

b. the licensee has committed a breach of any of the provision of this Act or the rules made there under or of any condition or restriction contained in the license, or of any direction issued under subsection(4) of section 5;

c. on account of any changes occurring in the locality of the place licensed, the continuance of the license is considered prejudicial to decency or morality; or

d. the licensee has been convicted of an offence under section 7 of this Act or section 7 of the Cinematograph Act, 1952 (XXXVII of 1952).

(Clauses (e), (f) and (g) inserted by Punjab Act 4 of 1963.)

e. the licensee has been penalised for not less than three times under section 15 of the Punjab Entertainments Duty Act, 1955;]

(Omitted by Haryana Act 13 of 1985)

f. [******]

(

Omitted by Haryana Act 13 of 1985)

g. [******]

(2) Where the Government or the licensing authority is of the opinion that a license granted under section 5 should be suspended, cancelled or revoked it shall as soon as may be, communicate to the licensee the grounds on which the action is proposed to be taken and shall afford him a reasonable opportunity of showing cause against the action proposed to be taken.

(3) If, after giving such opportunity, the Government or the licensing authority, as the case may be , is satisfied that the license should be suspended, cancelled or revoked, it shall record an order stating therein the ground or grounds on which the order is made, and shall communicate the same to the licensee in writing.

(4) Where the order suspending canceling or revoking a license under subsection (3) has been passed by a licensing authority, any person aggrieved by the order may, within thirty days of the communication of such order to him prefer an appeal to Government which may pass such order as it thinks fit.

(5) The order of the Government shall be final.]

(Section 8 A inserted by Haryana Act 5 of 1968)

8A.Restoration

of
certain cancelled licences on payment of penalty.

[Wherelicence is cancelled under clause (b) of sub-section (1) of section 8 for a breach of the condition of the licence specified inthe proviso to sub-section (2) of section 5, the licensing authority may, on an application made to it by the person whose licence is cancelled, restore the licence if such
a person pays to the licensingauthority, for each day on which the licensee failed to give exhibition by means of a cinematograph, including the days referred to in the said proviso, such penalty, which may extend to twice the amount of the daily average, as may be determined by the licensing authority.

Explanation;" For the purposes of this section, the expression "the amount of the daily average" means the amount which is arrived at after dividing the aggregate amount of entertainment duty and entertainment tax per show paid or payable by the person whose licence is cancelled for period of fifteen days next preceding the date on which such person first failed to give exhibition by means of a cinematograph, by the number fifteen.]

9.

Power to make
rules.

The Government may, by notification in the official Gazette, make rules:-

(a) prescribing the terms, condition and restriction, if any, subject to which licenses may be granted under this Act;

(b) providing for the regulation of cinematograph exhibitions for securing the public safety;

(c) prescribing the time within which and the conditions subject to which an appeal under subsection (3) of section 5 (The word "and sub-section (4) of section 7A" inserted by Haryana Act 21 of 1969) may be preferred.

(Substituted for section 10 by Punjab Act 28 of 1957)

10.

[The Government may, by order in writing exempt, subject to such condition as it may impose, any cinematograph exhibition or class of cinematograph exhibitions as also the premises or site used or intended to be used for cinematograph exhibition from any of the provision of this Act or of any rules made there under.]

11.

The cinematograph Act, 1918 (II of 1918), in so far as it relates to matters other then the sanctioning of cinematograph films for exhibition, is hereby repealed:

provided that any appointment notification, order, scheme, rule, from or by "law, made or issued under the repealed Act, shall, so far it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made or issued under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme rule, from or by- law made or issued under this Act.