=
1951
- pb. Act XI.] CINEMAS (REGULATION)
35
THE PUNJAB CINEMAS (REGULATI
ON) ACT, 1952.
ARRANGEMENT OF SECT
IONS,
SECTIONS.
1. Short title, exten t and commenceme nt.
2, Definitions.
3. Cinematogr aph exhibition to be licensed.
4, Licensing aut hority. |
5, Restrictions on powers of licensing authority.
6. Power of Go vernment or loc al authority to s uspend exhibition of films in certa in cases.
7, Penalties. 7-A. endmen
t oF alteration in classification of seats and rates for admission b y the licensee.
.
7-B. Power of Government t o amend or al ter rates of admi ssion
to cinematograp h exhibition. 7-c. Penalty for resale of t ickets and cogn izance of offenc es.
g. Powers t
o suspend, c ancel or revo ke licence.
9, Power to
make rules.
10. Power to exempt.
1]. Repeal of t he Cinematogr aph Act, 191
8:
1
1951 : Pb. Act XI] CINEMAS (REGULATION)
37
1THE PUNJAB CINEMAS (REGULATION)
ACT, 1952,
Punjab Act No. XI of 1952. [Received the assent of the Governor of Punjab on the 16th August, 1952, and first published in the Punjab Govern -
ment Gazette (Extraordinary) of August 19, 1952].
"Fj Whether repealed or otherwise affected Short title by later Legislation Year N
o.
1952 XI The Punjab Cine-
Amended by Punjab Act No.
VI of
mas (Regulation) 19552
Act, 1952
Affected by Punjab Act No. 5
of
19578
Amended by Punjab Act No. 28 of
19574 ,
Amended by Punjab Act No. 4 of
19638
Amended by the Punjab Reorga nisa-
tion (Chandigarh) (Adaptation of Laws on State and Concurre nt
Subjects) Order, 1968
Amended by Government of India Nolification No. G.S.R. 132, dated the 13th January, 1970 —___ see Punjab Government Gazett e (Extra-
1For Statement of Objects a nd Reasons
ordinary), dated the 22nd July, 1 952, pages 659-60. For proses nny in the Assembly,
see Punjab Legislative Assembly Debates, 1952, Volume HI, pages (30)8—(30)28.
m the 3rd April, 1957, to the territories
This Act has been extended with effect fro 57,
10
1956, were comprised in' the Stat e of
which immediately before the Ist No vember, | |
¢
Union, by the Punjab Laws (Extension No.1) Act, 1957 Patiala and East Punjab States Ln (Punjab Act No. $ of 1957), section 4; Sched ule I.
*For Statem2at of Objects and Reasons, ser Punjab Government Gazerte (Extra- ordinary), dated the 11th March, 1955, page 145. 3For Statement of Objects and Reasons, see Punjab Government Gazette (Exira- ordinary), dated the 14th 'March, 1 957, and also see footnote No. 1
above, regarding
extension of the Act to erstwhile
Pepsu territories.
s and Reasons, see
P!
1957, page. 1969.
see Punjab Government Gazette
(Exira-
mjab Governnicut Gazette (Extra
'For Statement of Object
ordinary), dated the 23rd October, 'For Statement of Objects and Reasons, ordinary), 1963, page 208.
2
oon 38 cinemas (REGULATION) [1951 + Pb. Act xy. to make provision for regulating exhibitions p An Act means of cinematographs in the Punjab. y It is hereby enacted as follows:—
Short title, extent 1. (1) This Act may be called the Punjab Cinemas and = commence- (Regulation) Act, 1952.
ment,
(2) It extends to the whole of the "[Union territory of Chandigarh].
(3) It shall be deemed to have come into force on 28th of July, 1952. .
Definitions. 2. 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 *[Central Govern- ment] ; .
(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.
Cisematograph 3. Save as otherwise provided in this Act, no person on be licen- . Sa a ere sed. shall give an exhibition, by means of a cinematograph, elsewhere than in a place licensed under this Act or other-
wise than in compliance with any condition and restric-
tion imposed by such licence.
Leensing autho' 4, The authority havin ty. ; § power to grant licences my under this Act (hereinafter referred to earth '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 author; this Act. g authority for the purposes of
{Substituted for the words "'Stat ;
(Chandigarh) (Adaptation of Laws on SI oe uni ab" by the Punjab Reorganisation tate and Concurrent Subjects) Order, 1968.
'Substituted for the words "Government of the State of Punjab" by Ibid.
3
1952 ° Pl e ; ' \ , » Act XI] CINEMAS (REGULATION)
5, .
ice >} ' ' ° ae ) ne licensing authority shall licence under this Act unless it is satisfied r n e grant a
SATIS that-—
39
(a) the rules made under thi J : a det { 5
:
plied with; and his Act have been com-
(b) adequate precauti . ¢ é recautions have | , ce p | é seen taken i piace, a respect of which the licence 'eae
given to provide for the safety of the pers
attending exhibitions therein. —
(2) Subject to the foregoing provisions of this section and to the control of the Government, the licensin authority may gran licences under this Act to such er:
sons as it thinks fit, on such terms and iti i a b ermne, condit ons as t
. (3) Any person aggrieved by the decision of the licensing authority refusing to grant a lic ence under this
Act may, within such time as may be prescribed, appeal
to the Government or to such officer as t he Government
may specify in this behalf and the Go vernment or the
officer, as the case may be, may mak e such order in the
case as it or he thinks fit.
(4) The Government may, fr om time to time, issue directions to licensees general ly or to any licensee in parti- cular for the purpose of regul ating 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, document ary films' or indige
nous films
secure an adequate o
pportunity of being ex hibited and
where any such directi ons have been issued
those direc-
tions shall be deemed
to be additional condi tions sub-
ject to which the li
cence has been grant
ed.
6. (/) The Governme nt in respect of the whole of
he TIN} "t
f Chandigarh] or any pa rt thereof,
TO Toren
: acl
of the district within and. the District Magistrate, i n res )
his jurisdiction, may, if it or he, as _ the vi cly mn hited 7
opinion that any film which
is being pup icly der sus end
likely to cause a breach
of the peace, Y Ost
sien the
the exhibition of the film
and during such >", Ph Sta
te
film shall be deeme
d !
fied film in e
State,
part of the State or district,
as the case may DY ___
ee eS p P
lt yy hy the Punjab Reorganisation 1S ibstituted for the words
"State of Punjab current Subjects) Order, 1968, ( Cha idigarh) (Adapta tion of Laws 0a Sta te a
m
Restrictions on
powers of liczising authority,
Power of Gov
ern-
ent or local aut
ho-
rity to suspend
exhibition of
films
{n certain case
s.
4
Penalties, Amendment alterationin classi- fication of seats and the rates or
40 CINEMAS (REGULATION) [1952 : Pb. Act xy, an order undef sub-section (1) has been issued by a District Magistrate, a copy thereof, together with a statement of reasons. therefor shall forthwith 5, forwarded by the District Magistrate to the Government, and the Government may either confirm or rescind the order.
(2) Where er this section shall remain in force for a period of two months from the date there- of, but the Government may, if it is of opinion that the inue in force, direct that the period of order should conti suspension shall be extended by such further period as it thinks fit.
7. If the owner or person in charge of a cinemato- graph 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, 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 for each day during which the offence continues.
(3) An order made und 7-A, (1) The licensee shall adhere to the classi- of admission to the
fication of seats, e1 ca? ; '
and rates for ad. Cinematograph exhibition as approved by the licensing mission by the aythority and shall not amend or alter the same_with- licensee.
out the written approval of the licensing authority.
(2) If the licensee intends to increase the rates for admission to the 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 in- crease in the rates of admission to the cinematograph exhibition will not unreasonably affect the purchaser 0 the cinematograph tickets, it may, for reasons to be re corded in writing, grant the approval for such increase. _
Unserted by the Government of India notification No. G.S.R. 132, dated the 13th January, 1970.
5
5 ; e 1952 : Pb. Act XI.] CINEMAS (REGULATION)
AI
provi rovided that such approval shall not be granted by. the licensing authority more th
an twice a year Che
(4) Any person ag erie
OM
ved : isi licens aut hority under 06 oY ion (G y ma of _ t he
suc , mo
may be prescrib ed, appeal
to the G witht ment and the overnm ent may make such o rder in the
case as it thinks fit.
7-B. If the Governmen t is of opi
necessary OTF expedient so to do in the public interest it
may, by order,
for reasons to b e recor
iti
amend or alter
the ra
ded in writing,
tes for admission to the cin
tograph exhi
bition and
the licensee
shal ema
-
such order
accordingly.
| shall
comply
with
7-C. () Not
withstanding
anything
t, 1882, a ticket section 56, of
the Indian Ea
sements Ac
for admission t
o a cinematogra
ph exhibition sh all not be
resold for profi t by the purc
haser thereof.
y ticket for ad
mission to @
(2) Whoever resells an cinematograph exhibition fo r profit shall be punish- able with fine which may ext end to two hun dred rupees. ing contained in the Code | Procedure, 98, an
e under this section
able within th e meaning © rg, () No
twithstandi ng anythin g contained ronment] of the licens in
q licence
Act, the 2Cen tral Gove
7 of HN
revoke
i suspen
d, can
;
at any UMe p one or
more of the f ollow1D8
ay
ranted unde r section 2
08
grounds, 0 mely '
7
| ed through fraud or m is;
1Substitute ssubstituted for the wo r
souandio
arh) (Ada ptation
nion that it 1S Power of Govern- ment to amend or alter rates for ad- mission to cinem a-
tograph exhibitlon, for resale : :, Penalty contained 10 "Sr tickets and cos- nizance of offenc
es.
to suspend,
i sc Powe
r
in this
cancel or re
voke
g authority li
cence.
ti
——
__
D
e e i
6
| 4? CINEMAS (REGULATION) — [1952 : Ph, Ag Xi
(c) on account of any changes occurring locality of the place licensed, the Continuanc. of the licence 1s considered Prejudicia| te decency or moralify : {[***] 0 (@) the licensee has been convicfed of an offence
under section 7 of this Act or section 7 Of the
Cinematograph Act, 1952 (XXXVILI of 1952).
'[(e) the licensee has been convicted for not [ecs
than three times of an offence punishable under clause (a) of sub-section (/) of section {5 of the Punjab Entertainments Duty Act,
1955, or has compounded such offence for
not less than three times under section 16 of
that Act ; ,
(f) a penalty under section 14-A of the Act referred to in clause (e) has been imposed for not less than three times on the licensee ; or
(g) a tax exceeding two hundred rupees has been assessed on the licensee in any one case under sub-clause (i/) of clause (ec) of section 2 of the Act, referred to in clause (c).].
(2) Where the Government or the licensing authority 1s of the opinion that a licence 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 Govern- meat or the licensing authority, as the case may be, 1s satisfied that the licence 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, cancelling or re- voking a licence under sub-section (3) has been passed by a licensing authority, any person aggrieved by the ordet 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. 1The word ''or'? omitted by Punjab Act No. 4 of 1963, section 2.
*Clauses (e), (f) and (g), added by Punjab Act No. 4 of 1963, sccticn 2.
7
1¢c s . °
9 The G ?. yovernment mi
7 )
1 ' ' , CT ' Official Gazette, make rules. by not ification in the rs, © ™
rules.
a) prescribi (a) prescri bang (he terms, conditio ns and restri
OM if any, subject to
which licences 4 te
granted. under this Act
; s may
(b) providing for the
:
Ovid regulation of i
exhibitions for securing the public ae
(c) prescribing t he ti ithi
_ he u
me within whic h and t
conditions subject to which an appea l ier
sub-section (3) of s ection 5 *[and sub-s ection
(4) of section 7] ma y be preferred. | (10. The Gov ernment may, by order in writing, exempt, subject to such conditi ons as it may i mpose,
any cinematogr aph exhibition of class. of cinem atograph
exhibitions as als o the premises OF site used or inte nded to
ion from any
of the
be used. for ci nematograph ex hibit
provisions of
this Act of of any rules made thereunder.]
eee The Cine
matograph Ac
t, 1918 (ll
of 1918), Repeal of the Cine-
in so far as it relates fo ma
tters other t
han the sanctio ning matonren
7
of cinematogra ph films for exhibition, 1s hereby repealee -
hat any a
ppointment, notification, order,
de or issued under the
form oF by- law, made,
1
far it 1s n ot inconsi stent with the
i
rce and be deemed to Power to exempt. repeale ct
, shall, 5
jrovisions
of this Act, continue
1n fo
| eth
have been
ade iss
ued under
the provision s of is
Act, unless
and until
it i superse ed by any
AE pone
notification, OFC' >. che
me, le,
for y-l
a
or issued
under (is
Act. ——
Phe rules ha ve frame
d, — vide P
unjab Govern ment notificat ion No. 8279 -H-
the 14th
Qcleee
N G.S.R.
132 dated the 13th §2/1253, dat ed
: aInserted by
anuary, 1970. {by Parjae Axt
N
b3yystiga ld sap ci tu'?
Government
oO
8