Tamil Nadu Cinemas (Regulation) Third Amendment Act, 1987*
| [Tamil Nadu Act No. 48 of 1987] | [2nd December, 1987] |
An Act further to amend the Tamil Nadu Cinemas (Regulation) Act, 1955
Be it enacted by the Legislative Assembly of the State of in the Thirty-eighth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 2nd December, 1987 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title.- This Act may be called the Tamil Nadu Cinemas (Regulation) Third Amendment Act, 1987.
2. Amendment of section 2, Tamil Nadu Act IX of 1955.- In section 2 of the Tamil Nadu Cinemas (Regulation Act) (Tamil Nadu Act IX of 1955) (hereinafter referred to as the principal Act), clause (4) shall be omitted.
3. Amendment of section 5, Tamil Nadu Act IX of 1955.- In section 5 of the principal Act,-
(1) in sub-section (1), for clause (a), the following clause shall be substituted, namely:-
"(a) the interest of the cinema going public and other sections of the public generally;";
(2) in sub-section (5), before the expression "and on such terms and conditions", the expression "on payment of such fees as may be prescribed" shall be inserted;
(3) after sub-section (6), the following sub-sections shall be inserted, namely:-
"(6-A)(a) Whenever the licensee proposes to transfer or assign the licence, the licensee and the person to whom the licence is proposed to be transferred or assigned, as the case may be, shall, before such transfer or assignment, apply jointly to the licensing authority for approval thereof.
(b) An application under clause (a) shall be in such form contain such particulars and be accompanied by such fee as may he prescribed.
(6-B)(a) Subject to clause (b), the licensing authority on receipt of the application and the fee under sub-section (6-A) and after making such inquiry as it thinks fit, either approve in writing the transfer or assignment, as the case may be, or refuse
(b) Notwithstanding anything contained in clause (a)-
(i) no transfer or assignment of a licence, shall be approved under that clause, unless the licensing authority is satisfied that the licensee has paid all amounts due under the Tamil Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939) on the date of such transfer or assignment; and
(ii) such approval shall not be refused until the applicant has been given a reasonable opportunity of showing cause against such refusal.".
4. Amendment of section 5-A, Tamil Nadu Act IX of 1955.- In section 5-A of the principal Act, in sub-section (1),-
(a) after the expression "or in the rules made under any of them" the expression "or in any other law governing municipal or Local bodies in this State or in the rules made under any such enactment law" shall be inserted;
(b) in item (iii), after the word "Municipal", the word "corporation" shall be inserted:
(c) for items (v) and (vi), the following items shall be substituted, namely:-
"(v) The Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958);
(vi) The Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971); and".
5. Amendment of section 6, Tamil Nadu Act IX of 1955.- In section 6 of the principal Act, in the proviso, for the words "two thousand feet", words "six hundred metres" shall be substituted.
6. Amendment of section 7, Tamil Nadu Act IX of 1955.- In section 7 of the section principal Act, in sub-section (5), in the proviso, after the words "their", the words "or his" shall be inserted.
7. Amendment of section 9, Tamil Nadu Act IX of 1955.- In section 9 of the principal Act,-
(1) in sub-section (2),-
(i) after clause (a), the following clause shall be inserted, namely:-
"(aa) the licensee has failed to pay any amount due under the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X ???)
(ii) in clause (b), the word "or" shall be added at the end;
(iii) after clause (b), the following clause namely:-
"(c) taking into account the matters mentioned in clauses (a) to (f) of sub-section (1) of section 5, the licence should be revoked or suspended,";
(iv) the words "after giving the licensee all opportunity of showing cause" shall be omitted;
(v) the following proviso shall be added at the end, namely:-
"Provided that the licensing authority shall not revoke or suspend the licence under clause (aa) unless an officer of the Commercial Taxes Department not below the rank of an Assistant Commissioner of Commercial Taxes certifies that the licensee has failed to pay the amount referred to in that clause.";
(2) after sub-section (2), the following sub-section, shall be inserted, namely:-
"(2-A) No licence shall be revoked or suspended Under sub-section (1) or sub-section (2), Unless the licensee has a reasonable opportunity of showing cause against such revocation or suspension.
8. Amendment of section 10, Tamil Nadu Act IX of 1955.- Section 10 of the principal Act,-
(i) in sub-section (1), the words "by notification" shall be omitted;
(ii) in sub-section (2), in clause (e) after the word "applications", the words, brackets, figures and letter "for transfer or assignment of licence under sub-section (6-A) of section 5 or" shall be inserted;
(iii) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3)(a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless pressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b) Every rule made under this Act, shall, as soon as possible, after it is made, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any ??? or the Assembly decides 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 case may be, so, however, that any such modification ??? shall be without prejudice to the validity of any ??? previously done under that rule.".