Gujarat act 021 of 2004 : Gujarat Cinemas (Regulation) Act, 2004

Extra No. 23 REGISTERED NO. GlGNR/T

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EXTRAORDINARY

PUBLISHED ^BYAUTHORITY

VOLXLV] FRIDAY;JUNE

18,

2004/JYAISTHA 28,1926 L ^r

Separatemtsgivmtnth'nhflinonlerthatit may billed^{as I}

Seplnte Compilation.

,

PART ^{- IV} Acts of

the

Gujarat Legislature

and Ordinances

promulgated and

Regulations

made

by ^theGovernon The

following

Act of

the

Gujarat Legislature. having

been assented to

by

the

Governor on

the 17'h June 2004 i h '

information,

, s

ereby published

for

general s. s.

PARMAR,

. ' Secretary ^tothe

Government^of

Gujarat, Legislative ^and

Parliamentary

Affairs

Department. GUJARAT ACT NOt 21 OF

2004.

" (First

published,

after

having

received the assent

of the Governor in the

Gu1arat

Government

Gazette".

on

the 18'h June,

2004).

AN

ACT

to

provide

for

regulating-exhibitionsby means of cinematographs

and

the licensing ^ofplaces ⁱⁿwhich

cinematograph films ^areexhibited ^intheState of Gujarat

WHEREAS ^itis

expedient ^to

provide ^for

regulating exhibitions by

means^of

cinematographs ^and the

licensing

at

places

in which cinematograph

films ^areexhibited ^intheState at

Gujarat; it is

hereby

enacted

in the

Fltty-tiith

Year of the

Republic

ot India ^astollows:--

.

d

1.

(1)

This Act

may ^becalled the

Gujarat Cinemas

(Regulation)

gramme an

Act,

2004'

(2) ^Itextends ^tothewholeot ^theState^of

Gujarat.

to L») to Definitions. Clnematograph exhibitions ^to be licensed. Licensing

authority. Restriction on

powers of llcenslng authority. GUJARAT GOVERNMENT GAZETTE. ^EX.1876-2004 [PART

1V

2. ⁱⁿthis

Act,

unless thereis

anything

repugnant

in^the

subject ^or context, ^-

(a) "cinematograph;

includes^anyapparatus ^{for the} representation,

moving pictures ^or

series ^ol

pictures; (b ) "licensing authority"

means^the

authority empowered ^to grant

licences under section

4;

(c) "place"

includes^a

house,

building, ^tentandany description ^0!

transport,

whether

by ^{sea,land or air;}

(d) "prescribed"

means

prescribed by

rules ^made

under^this Act.

3. Save as otherwise

provided

in

this

Act, ^no

person

shall

give ^an exhibition

by

means of a

cinematograph

elsewhere than in^a

place licensed under ^thisActorotherwise than ⁱⁿ

compliance

with any conditions and restrictions

imposed

by

such

lincence.

4.

The

authority having power

to

grant

licences under this Act shall be-

(r) ⁱⁿareas^forwhich^aCommissioner ^ofPolice^is

appointed under section ^7ofthe

Bombay

Police

Act, 1951,

such

Commissioner; and

(ii)

elsewhere, ^theDistrict

Magistrate:

Provided that the State Government may. by

notification in ^the Official Gazette

constitute^torthewhole^or

any part

of the State 01

Gujarat

such other

authority ^asit

may specify ^inthe notification to be the

licensing authority

for^the

purposes

of this Act

5.

(1) ^The

licensing authority

shall ^not

grant ^aIlncence under this Act,

unless^itissatisfied ^{that -}

(a) ^the

rules made under^{thisActhavebeen}

substantially complied with, ^and

(b)

adequate precautions ^havebeentaken^inthe

place, ⁱⁿ

respect of which ^thelicence^istobe

given. ^to

provide

for^the

safety ^at persons attending

exhibition therein.

(2) Subject ^tothe

provisions ^of

sub—section ^{(1), and}to^thecontrol

V. ^oftheState

Government, ^the

licensing

authority may grant

licences Bom.XXll of

1951.

2

PART ^[VGUJARAT GOVERNMENT

GAZETTE, ^EX.18-62004 under this Act^tosuch

persons ^asthat

authority

thinks tit and ^on payment ^{ofsuchteesand onsuch}

terms^and conditions and

subject to such restrictions ^as

may

be

prescribed

(3) ^The

State

Government^may,iromtime to

time,

issue directions ^to

licensees generally ^{orto any}lincensee ⁱⁿ

particular tor

the

purpose ^ol

regulating ^theexhibition

ot any ^film or class of films

so that scientific films,

lilms intended

for educational purposes, films

dealing ^{with newsand}

current events, documentary films ^or

indigenous

iilms secure, ^an

adequate opportunity oi

being

exhibited, and

where

any such directions ^havebeen

issued, those directions shall be

deemed ^tobe additional

conditions

and restrictions

subject to which

the licence

has been

granted.

6.

(1)

The State Government, ⁱⁿ

respect

of

the whole of ^theState ^of Gujarat ^{or anypart}thereof, ^orthe

licensing authority, in

respect

of the area within its

jurisdiction,

may, if

it is of the

opinion that any film which is

being publicly

exhibited ^is

likely ^to

cause a breach

of the public

order,

by

order,

suspend ^theexhibition of ^theiiirn and

during such

suspension,

such film shail

be deemed ^tobe an uncertltied

film in the area

specilied

in the order.

(2) ^{When an}order under sub-section ⁽¹⁾

has been issued

by

the licensing

authority, ^{a copy}thereof

together'with a statement

of reasons

therefor,

shall

forthwith be fonivarded

by

the

licensing authority ^totheState Government^{and the}State Government may

either conlirm^orannul

the

order.

(3) ^An

order ^madeunder sub-section

(1)

shall. unless ^itis annulled

by

the

State Government

under sub-section

(2),

remain ⁱⁿ force for^a

period

of ^twomonths

from the date thereof but the State

Government may, ^ititis at ^the

opinion

that the order should contintie

in

force,

extend

the

period

of

suspension

lrom time to time for such

further

period ^asit thinks ^til.

7. ii the

owner ^or

person in

charge

of^a

cinematograph ^uses the

same ^orallows it

to be

used,

or if the

owner or

occupier

at any place permits ^that

place ^tobe

used, ⁱⁿcontravention oi the

provisions

oi this Act ^oroi

the rules made thereunder, ^orot the conditions and restrictions

upon ^or

subject

to which any

licence has been

granted under this Act ^orii

the

owner ^or

persons

in

charge

of^a cinematograph

contravenes ^{any atthe}conditions ^or restrictions

imposed ^{by an}order^oi

exemption ^made

under section

13, ^heshall on conviction,

be

punished

with line which

may extend

to one thousand rupees ^{andinthe case}ot ^a

continuing

offence with- ^a lunher tine which may extend ^{to one}

hundred

rupees ^toreach

day Power at State Government ^or licensing authority ^to suspend

exhibition oi lllms ^.

In certain

cases. Penalties tor contravention

01 Act.

Power ^to revoke ^or suspend licence. Appeal. Revision. Review,

GUJARAT

GOVERNMENT

GAZETTE. ^EX.1811—2004 during

which^theoffence continues after conviction^forthefirst^such offence.

'

8. In^theevent of

any

contravention

by ^theholder^ofalicence of any ^ofthe

provisions

of this Act^orthe rules

made thereunder^orof any of^the

conditions ^or

restrictions upon ^or

subject ^towhich the licence ^hasbeen

granted ^tohim

under ^thisAct ^orof

any

of the conditions ^or

restrictions

imposed.

by

an order of

exemption ^made under

section

13,

or in the event of

his conviction of^anoffence under section ⁷

of this Act ^or

section ⁷

cf the

Cinematograph

Act,

1952,

the licensing authority may

revoke^thelicence^or

suspend ^itforsuch, period ^asit

may think^tit:

Provided that no licence shall be revoked^or

suspended

unless the holder thereof has been

given

reasonable

opportunity ^toshow cause.

9 .

Any person

aggrieved

by ^an

order of ^a

licensing authority

refusing to

grant

a

licence. ^or

revoking ^or

suspending any

licence under section

a, may

within such

period

as

may

be

prescribed, appeal ^to the State Government and ^the

State Government

shall, ^onsuch appeal ^makesuchorder ^asitthinks

just ^and

proper, ^andsuchorder shall,

subject ^to

provisions ^ofsections^{10and 11, be}final.

10.

(1)

The State Government

may

either of its own

motion,

or

upon an

application by

an

aggrieved

person

made within such

period

as may be

prescribed,

call for and

examine^therecord of any order made

by licensing authority

under this

Act,

and pass such order thereon as it

thinks

just

and proper.

(2) ^TheState Government shall ^- (i)

before

passing any

order under sub-section ^(1),

which ^is likely ^to

affect

any

person adversely,^{give such}persons ^a reasonable

opportunity ^of

being

heard, ^and (ii)

record ^itsreasons^for

passing ^anorder under^{thesaid sub-} section

11.

Any person who,

considering

himself

aggrieved by

an order of the State Government under

section^9or

10,

desires^toobtain^a review of^theorder

passed against

him, ^onthe

ground

of^some mistake or error

apparent

on the face of the

record

or on

the

ground that some new tact has been discovered which could

not

be

placed earlier

before

the

licensing authority

or the State

Government

inspite of due

diligence

on the

part

of

such person, may, within such

period

[PART ^[V

XXXVI! M1952.

PART ^IVGUJARAT GOVERNMENT

GAZETTE, ^EX.186-2004 ^23-5 as

may

be

prescribed,

apply

for a review of

the

order to the State Government ^{and the}State

Govemment

shall.

after

making ^such inquiry ^asitthinks ^{fit.pass such}order^asitconsiders necessary ⁱⁿ the circumstances of the case.

'

12.

(1)

The

State Government

may by

notification

in

the

Official

Power^to Gazette, ^makerules^forthepurpose^of

carrying ^intoeffect^the makemles-

provisions

ofthis^Act.

(2) ^In

particular ^andwithout

prejudice ^tothe

generality ^ofthe foregoing

powers,^suchrules

may provide ^{for allor any ofthe} following

matters,

namely:-

(a) prescribing ^the

procedure ⁱⁿ

accordance ^withwhich^a licence may be

obtained and the

terms,

conditions and restrictions, ^it

any, subject ^towhich licences may^be

granted under ^{thisActandfees}for^such

licences;

(b) prescribing ^the

period

within

which ^an

appeal.

under section ^9orarevision

application

under section^{10 ora}review application

under section ^{11 may be}

made; -

(0). providing

for the

regulationof cinematograph exhibitions for

securing

public safety; (d)

regulating ^themeans~^ofentrance^andexitat

places licensed under ^thisActand

providing ^for

prevention ^of disturbance there

at;

(e) regulating ^or

prohibiting ^{thesale of any}ticket^{or passfor} admission

by

whatever^namecalled ^toa

place

licensed under this Act.

(3) ^In

making

rules under^this

section,

the

State Government may provide ^thatany person

failing ^to

comply

with or

contravening

the

provisions ofany rules

shall,

on

conviction,

be

punished

with

fine which

may extend up to one

thousand rupees.

(4) ^The

power ^tomakerules under^thissection shall^be subject ^tothecondition^of

previous publication,

(5) ^Allrules ^madeunder^thissection shall ^{belaidfornotless} than

thlrty days

Delete ^theHouse of^theState

Legislature ^assoonas possible

after

they ^are

made. ^andshall ^be

subject ^tosuch modifications as the State

Legislature may make

during

the session in which

Power ^to exempt. Delegation ^of power

under section ^13. Repeat ^and savings.

GUJARAT GOVERNMENT

GAZETTE,

EX. 18-6-2004

(6) Any

modifications ^somade

by ^the

State Legislature

shall be notified

in the Official

Gazette,

and

thereupon

shall take effect.

13. The State

Government may,

by

order in

writing, exempt, subject to

such conditions

and restrictions ^asit may impose, any cinematograph

exhibition ^or

class ^of

cinematograph

exhibitions^from any ^01the

provisions ^ofthis ^Actorof

any

rules ^madethereunder.

14. ^TheState Government

may, subject ^tosuch

restrictions and conditions ^asitmay think^fitto

impose. by

notification^inthe

Official Gazette,

delegate ^to

any^ofitsofficers ^the

power

conferred^onit

by section ^13.

6