■s. Th e 12th November 1956 No .LJL.24 /56 /20 .—Th e following Act of the Assam Legislative Assembly w hich received the assent o f the Gov ernor is h ereby published for general info rma tion .
(R ec ei ved th e a ssen t o f th e G ov er no r on th e 12 th N ovem ber 1956)
ASSAM ACT X X II OF 1956
TH E ASSAM CINEMA S (RE GU LATIO N) (AM END MENT) ACT , 1956
(Passe l by the A setnbly)
[Pub lished in the Assam Gazette, da ted the 14th November 19561
An Act to amend the Assam Cinemas (Regulatio n) Act , 1953 Preamble.—Whereas it is expedient to amend the Assam Cinemas (Regulation) Act, 1953 (Assam Act XIV of 1953) in the manner here inafter appearing ;
It is hereby enacted in the Seventh Yea r of the Republic of India as follows :—
1. Short title, extent and commencement.— (1) This Act may be called the Assam Cinemas (Regulation) (Amendment) Act, 1956.
(2) It extends to the whole of Assam.
(3) It shall come into force at once.
2. Definition.—"P rincipal Act" means the Assam Cinemas (Reg ula- tion) Act, 1953 (Assam Act XI V of 1953).
3. Amendment of Section 4 of the Principal Act .—For Section 4 of the Principa l Act subs titute the following, na mely:—
"4. Licensing Authority.— Subject to provisions of Section 5, the Distric t Mag istra te within the jurisdiction of his distri ct or any other *
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author ity cons tituted by the State Government by notification in the official Gaz ette (hereinaf ter referred to as the Licens ing Authori ty) for the whole or any pa rt of the State may grant licenses under this A c t:
Provided tha t no license shall be issued by the Licens ing Authority except with t e previous approval of the State Government and in accord - ing such approva l the State Government shall take into considerat ion all applications for the license in question and after such consideration may accord its approva l to the proposal subm itted by the Licensing Auth ority or direct such authority to grant a license to any of the other applicants with or with out such condi tions as it may deem pro per and in such cases such direction shall be deemed to be the previous approval of the State Governm ent" .
4. Amendment of Section 5 of the Principal Act .—Delete the whole of sub-section (2) of Section 5 of the Principa l Act and renumber the existing sub-section (3) as sub-section (2).
5. Amendment of Section 9 of the Principal Act .—Fo r Section 9 of the Principa l Act, the following shall be subst ituted, namely :—
"9. Appeals and Reviews .—(1) Any person aggrieved by the decision of the Licens ing Authority under any provis ion of this Act except an orde r passed unde r Section 4 may appeal to the State Government or to such officer as the State Government may authorise in this behalf and the State Government or such officer, as the case may be, may make such orders as it or he deems proper.
(2) Appeals under sub-section (1) shall be filed within 15 days from the date of the order excluding the perio d requ ired in obta ining the copy of the order provided tha t the Appella te Auth ority may extend the time for reasons found sufficient to its satisfaction.
(3) Any person considering himself aggrieved by an order passed unde r Section 4 for grant ing a license with the approva l 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 the order and thereupon the State Government after giving a hearing to the parties concerned may—-
(i) rejec t the appl ication, or
(ii) where it is of opinion tha t sufficient ground for review has been establ ished, gran t the same,—•
(a) by. withdrawing its approval or direct ion issued unde r Section 4 and remand the applications to the Licensing Autho- rity concerned for fresh enquiry , or
(iii) direc t the Licensing Authori ty to issue the license to any of the applicants.
(4) All appea ls pending on the date of the commencement of this Act shall be disposed of in accordance with the provis ions of this Act and for tha t purpose all appeals agains t an order under Section 4 of the Principa l Act shall be deemed to be application for review under sub-sec- tion (3) of Section 5 of this Act ."
6. Section 4 of this Ac t shall be and shall be deemed always to have been subs tituted for Section 4 of the Principa l Act and shall deemed to have come into force from the date on which the Principal Act came into force.
J . C. ME DTfl,
Secy, to the G ovt , of Assam, Leg. & J ud l. De ptt .