| cr{i 1११०७ “BILL NO. 15 OF 1989 — THE MANIPUR EXHIBITION OF VIDEO FILMS (REGULATION / BIEL, 1989 A BHE— At 10 provide for the regulation of exhibition of video films in the State of Manipur and for matters incidental or ancillary thereto WHEREAS it is expedient to provide for the regulation of exhibition of video films in the State of Manipur and for matters incidental or ancillary thereto; BE it enacted the Legislature of Manipur in the Fortieth Year of the Republic of India as follows :— 1. Short title, extent and commencement,—(1) This Act may be called the Manipur Exhibition of Video Films (Regulation) Act, 1987 (2) 1t extends to the whole of the State of Manipur. (3) It shall come into force on such date as the State Government may, by notification in the Qfficial Gazette, appoint. 2. Defigition—Jn this Act, unless the context otherwisg requires,— (a) “‘cinematograph”™ includes any apparatus for the representation of moving pictures or series of pictures
2 () exhibition of video film” means exhibition of film on Television Screen through . Video Cassette Recorder and Video Cassette Player; (c) “Government” means the Government of Manipur; (6) “licence” means a licence granted under section 13 {e) “licensing authority” means such officer of the Government as the Government may, by notification in the Official Gazette, specify as licensing anthority and where no such officer is so specified, the District Magistrate; (f) *‘permission” means the permission granted under section 10; V (g) “place” includes a house, building, tent, walled enclosure_and any description of transport, whether by water or land; (h) “‘prescribed” means prescribed by rules made under this Act; (i) “Video Cassette. Recorder and Video Cassette Player” means , a cinematograph use for exhibition of film recorded on Video Cassette tape; (G) “Video film” means a cinematograph film recorded on Video ~-- . Cassette tape; ... (k) “Video Library” means a place by whatever name cafled where the business of selling, letting to hire, distribution, exchange or putting into circulation in-any manner whatsoever, of video- film for the purposes of exhibition of carried on; () words and expressions used but not defined in this Act but defined in the Cinematograph Act, 1952, shall ave the meanings assigned to them in that Aect 3. Exhibition of video film to be licensed.—(1) Save as otherwise ~provided in this Act no person shall give exhibition of video film : (a) clsedwhere than in a place for which permission has been granted; an {b) except under:and ia accordance with the terms and conditions = oft.licence G Provided that the provisions of this sub-section shall not apply to exhibition of video film for. domestic purpose of the household. = ', Explanation:—For the purpose of this provision, exhibition of video film within theresidential*building of the person giving the ‘éxhibition to his family members, but not otherwise, shall be deemed. to be exhibition for domestic purposes a मी (2) Where, iniréspect of any Pldee ailicence Hias: been. granted under this Act for exhibition of video film, no वि other than the exhibition 20 “filid Shall ‘be carried ofi’in ‘such pliace, by any person at any
3 .. 4 - Video Library to be licensed;<(1) :Save as otherwise provided in this Act no person:shall keep any Video Library exeept under and im accordance with a licence granted under this Act. - (2) Where a person keeps more than one Video Library, whethee in the same place or at different places, he shall obtain separate licence in respect of ‘each Video Library. . व . .8 Application for permission or licence.-—(1) Every application for . permission or licence under this Act shall be made to the licensing authority in the prescribed form along with blue prints and other documeénts as may be: prescribed < (2)- - The fee payable on:an application’ for permission or licence be as may be prescribed. ‘ ) ; 6. Matters to be considered in granting or refusing permission.—(1) In granting or refusing permission, the licensing authority shall have regard to the following matters, namely, " (a) interest of “general public; (b) suitability of the site for exhibition of video film (c) adequacy or otherwise of existing place of exhibition of video - film - i the' locality; © o ‘(d;) benefit to the locality ध०ऊं० afforded by the opening of the new ..> .- place of exhibition-of video film ः की (ढ) suitabjlity of the place with reference to the security and such -other specifications as may be prescribed. N ‘(2) The licensing authority may, after consideration’ of the matters ‘ . referred to in the sub-section (1),/limit the number of places.in any locality in respect of which permission for exhibition of video: film ‘may’ be granted. . ) 7. No-objection Certificate for . construction or ' renovation of building.—(1) If a person desires to obtain No-objection Certificate of the licensing authority for. construction. or renovation .of a building for exhibition of video film before making application for permission, he may apply for such No-objection Certificate to the licensing authority along with blue prints and such other documents as may be prescribed (2) The fee payable on an application for No-objection Certificate shall be as may be prescribed - 8: Matters to be-considered in granting .or refusing No-objection Cerlificate.—In_ . granting on . Certificate, : licensing authority shall have. r the, matters referred t4 in clauses (8), (9), (८) and (d) of Section 6 ' ः 9. Notice of application for permission or No-o ' cate.—The licensing authority shall publish notice of every applica- - tion for-permission or No-objection Certificate in such ‘manner -4s may be prescribed S o s
4 - 40. ‘Grast of permission or No-ebjection. Certificate.— (1) Before - grantifng Jr refusing pérnttésion” or, ay the~ case केसर हिट" Nd-objectio Certificate, the licensifg’ anthority -~ shdlle consult “'such duthorities as g{, W"" angd shall take into co xi;pderanon any representation ‘pérsons of i नए छा Q film in or near the locality ‘ii ce, 3ssociation Tocality जा per‘sonspef“h cady: pving ition of video here the 1] ty 2 ere the “licensing authority fierfifi*?ramf“eg“‘%1&?“*‘%0"“3'78&”“‘4’* in ¢ct of ‘grant of permissiop, to the maffers e कि व : हो grant of No-objection सीट to “yeferred to in clauses (a), (b), (¢) & (d) of that section, - that §g§e permission or, es the case miay be, the No-objection Certificate may be granted, i may t the permission or No-objection Certificate; as the case may be, gran subject to such terms and conditions as it may specify Provided - that: where the application for permission has alread¥ obtained No-objection Certificate in-respect of the "ofistriétion or “ren vation of the building, the licensing authority शक into consideration only the matters referred to in तप (e) पक b chJ"'granqtmg or refusing permyission &0 respect. ‘of “that- Building: "~ - Provided further that no person shall, be entitled to. get renew more पथ one permission at the same time or during the same period (3) The permission and the No-objection Certificate shall be valid for_such period as may be preseribed : 11. Matters to be considered in granting or refusing licence or ~ wemewsl , theréof :— (1), . The licepsing authority shall, in degiding whether to. grant orrefuse a lcence for exhibition 'of video film, have regard'to the following matters, hamely, (a) status and antecedents of the applicant (b) desirability. of -granting licence tg applicant; = o who does not possess licenice in other place under- this'Act or under the Cinmematograph- Act,” 1952 ‘whether in the same locality or elsewhére af any time.” o ह , Explanation:—For the purpose of this sub-section, the expression sautecedeht” means the conduct 6 the applicant in relation ‘to payment of any taxes or dues payable by him to the Government. वा सी t licence for kee eo Libr एम कक कक T et ot b ;mn'""v.e गा प्री il bé presciibed, T (), The lisensing authoriy. shall not sraqt onrepey; 2 फल = Terevgy पल e ., (8) i the ease of licence for exhibition of video fiim, the applicant has taken adequate precaution of video film; ~ - -
5 by e applicant . has उठा जिला एंलासंज़ेटल ए any offénceunder the Citgiatograph Ace, 1952 or Chapter L.of the ‘Assam. Aunliibe~ “fhentand Betting Tax Act; 1939 or the copyiight. Act; 195735 in force in Manipur ‘within a period of 4wo years beforéthe _ date of making application for grant or renewal of licence (6) the applicant has-substantially complied with the provisions of this Act, the rulés miade thereunder -and in.case of renewal - with the térms.and conditions of the licence ; ) (व) ' का! छह ०856 ए licence for exhibition of vides film, the applicant has obtained permission in respect of the place where exhibi- - tiom is proposed to be givem.© .. -0 12, Consultation with other authority.—Before granting or refusing to grant a licence for exhibition of videg film, the licensing authority shall consult such authority or officer as may be prescrited 13. Grant of licence.—Subject to the other ' provisions of this Act gfie ral . control .of the Government, the licensing authority may cence to such Pétson as it thinks fit for such Pericd and subféct. to stch terms and conditions, as may be prescribed, including the fulfilment of the specifications of the place réferred to in clause (¢) of ‘sab-see- tion (1) of section 6 and provision for safety, convenietice and comfort rsons attending the exhibition of vidgo. film “yeferred 16 in 3 AUsE (a)peof section 11 e A हक पिया U714 ‘Refasal of Heente.—Where the licensing authority tefusss to grant a Jicénce it shall - do so By order in writing and for reasons to be révordod therein to be communicatéd to the applicant. w ’ Permission abd Heéate 6 be 'personal:—Every permission’and Boinie granted: dnder this Act shkall ‘be personal to the person to. whom - thiey are grantéd and no transfer ‘or assignmeht theieof, whether-absolute or:By.vay:of ddovrity -or ‘otherwise; shall “be wilid: usdess ‘approved in: writing by the licensing authority et \ e Paower e directions.—{(1) The Governinent may, fom. time to time, 1ssug directioh. te the licensig authority a the टिक ये thinks Tecessary for carrying into effect the provisions of this Act-and the - rules made- thereunder \ -~ (2) The licensing authority may, from time to time, issue directions tenny Liconsec for hecuring mddgudté-exhibition-of films having eduditional value, documentary films, films on current events सा news-ar की exhibi- . tion of slides and गुर any such directions bave been is ceé-}:lee shall B A & B A e A gt o the licensees to exht जी mofe than three or any number of slides for more than four minutes in any one show.
6 =7 17. Particalars to'be included in video films:—No person shall publish a video filmin respect of any work unless the : following particulars are displayed in the video film, when exhibited, and -on the video cassette or other container thereof, namely,— (a) if such work is a cinematograph film required to be certified for exibition under the : provisions of the. Cinematograph Act, 1952 (37 of 1952) a copy of the certificate granted by the Board of film Certification under Section 5-A of the Copyright Act, 1957 in respech of such work; (b) the pame and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence, or consent from the owner- of फिट copyright in such work for making such video film, and {c) the name and address of the owner of the cop‘yright in such work. “०. . > ( 18. Power to suspend exhibition of video film in certain cases.—— 1) The Government, in respect of the whole of the state or any part thereof, and the District Magistrate . within his jurisdiction may, if it or he is of opinion that any video film which is being publicly exhibited is likely to cause a breach of the peace, suspend; by order the exhibition of such film; and during such suspension no person shall exhibit such filny or permit it to be exhibited in any place in the area. . - , (2) Where an order under sub-section (1) has been issued by the District Magistrate, he shall immediately send up a copy thereof, togethes- with a statement of reasons therefor to the Government and, thereupon, ~ the Government may, confirm or vary or discharge the order. . '(3) An order issued under sub-section (1) shall remain in force for such period not exceeding two weeks as may be specified therein, but the Government may,. if it.is of opinion that the order should further - जान tinue, -direct -that the period of suspension shall be extended by such furthee period as it thinks हि एप - ST . Provided that the Government or the District Magistrate may, at any time, review its or his order, save however, that the District Magis= trate shall not review his order after the Government has extended the period of suspension. s ‘ 3 o 19. Power to revoke licence.—(1) Where— _ o ' (i) a licence has been obtained by fraud or misrepresentation as’ ® " to essential fact, or ः o ‘ : T (ii) the licensee has since been convicted of an offence under this; Act or under Chapter I of the Assam Amusements and Betting .. Tax Act, . 1939 or the Copyright Act, 1957 as in . force in ‘Manipur or under the Cinematograph ' Act, 1952, or
(iii) the licensee has, without reasonable ground; failed to comply provision of this"Act or of the rules made thereunder -.of with any term and condition of the licence , or with any provision of Chapter I of the Assam Amusements and Betting Tax-Act, 1939 as in force in Manipur or of the Cinematograph Act, 1952, the licensing authority shall, without prejudice to any prosecution or penalty to which the person may be liable, revoke the licence: - Provided that no order of revocation of . licence shall be made except after giving an opportunity of making representation- and considering the representation, if any. (2) Every order of revocation shall be in writing any reasons to be - recorded therein and shall be communicated to the licensee. ः 20. Power to suspend licence.—{1) When the licensing authority has, on information or otherwise, reasonable ground to believe that a licence is liable to be revoked under section 20, that authority may order suspen- sion of the licence for such period as it thinks fit pending the inquiry for revocation, as shall forthwith deliver a copy of the order of suspension to the licensee together with a notice to show cause as to. why the licence should not be revoked : . (2) Upon considering representation, if any, of the licensee, if the licensing authority is satisfied that the default of licensee is rectifiable by taking adequate steps in relation to the licensed building or installation of machinery and the licensee has since taken such adequate stepsto comply with the provisions of the Act and the rules made thereunder the term and condition of licence, it may revoke the order of the suspension .and in ali other cases, that authority shall revoke the licence . 21. Appeal.—(1) Any person aggrieved by an order of the licensing authority refusing to grant permission or licence or to renew a licence or refusing to approve transfer or assignment of a licence or by an order of revocation: of licence, may, within such time and on payment of such fee as may be prescribed, appeal to such officer of the Government as the Government may, by notification in the Official Gazette, - specify as appellate authority ः (2) The appellate. authority referred to the sub-section (1) may make such order as it may think fit or proper. ः (3) The appellate authority may stay the operation of the order appealed against for such period and pass such interim order as it thinks fit pending the appeal 22. Revision,—(1) The appellate authority may, on its own motion or on application made within such period as may be prescribed, call for and examine the records df the licensing-authority in respect of any pro- ceeding under this Act, to satisfy itself as to the legality.of any order of the licensing authority and if it is satisfied that any or such’ proceeding or order should, on the ground’of irregularity or illegality, be modified, ‘dl‘.ann]ulled reversed of remitted for reconsideration, it may pass order accor- ngly; C
Provided that no order prejudical to any person shall be passed under this sub-section unless such person has been given -an opportunity of making his representation. (2) The appellate anthority may pass such interim order as it thinks fit pending the exercise of the power under sub-section (1). 23. Offences.—Any person who confravenes, or attempts to con- travene cr abets the contravention of any of the previsions of this Act, or of any rule made thereunder or of any term and condition of a licence gran- ted under this Act shall, without prejudice to any proceeding, penalty or sentence to which the b{:erson is liable under any other faw for the time being in force, be punishable with imprisonment for a term which may extend to one year and shall also be liable to fine which may extend to five thou- sand rupees and, in the case of a continving offence, with a further fine awhich may extend to five hundred rupees for each day during which the offence continue. 24. Offences by companies.—(1) Where an offence under this Act has been commiitted by a company, every person who, at the time of conimis- sion of the offence, was incharge of, and was responsible to the company for the conduct of business of the company, as well as the company, sha {m! be ‘deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to anwmrgnay ishment, if he proves that the offence has com- mitted without his knowledge or that he had exercise all due deligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, mandger, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and published accordingly. Explanation.—For the purposes of this sectiont— (a) “‘company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm meansa partner in the firm. 25. Power to enter, search, arrest and seize.—( 1)-' Any police officer not below the rank of the office-in-charge Oftllcpehce'yflm' may— (a) enter, if necessary be reasonable force, whether or night, with such assistance as he ‘considers. necessa bywdwm. which he has reason to suspect, are being medr{«"the लि connected with exhibition of video films or keeping Video Library in contrayention of the provisions of this Act; -
9 (b) * search the premises and persons against whom he may have reasonable suspicion of their having been concerned with © .givingsuch exhibition of video film or keeping the Video . Library; - ः . (c) arrest without warrant and prcduce before a Judicial Magistrate - .- - alt such persons as are concerr.éd or against whom a reasonable complaint has been made or credible information has been . recejved or a reasonable suspicion exists of their having been * concerned with giving of the exhibition of video film or keeping * aVideo Library in contravention of the provisions of this Act ; | (d) seize all things found therein which are intended. to be used or reasonably suspected to have been used in connection with _-such exhibition of Video film or keeping Video Library. (@) Al searches under this section shall be made in accordance with the provisions of the Ccde of Criminal Procedure, 1973 (Central Act 2 of 1974). . ~ 1 _ (3) Every offence punishable under this Act shall be a cognizable offence within the meaning. of the Code of Criminal Procedure, 1973. “26. Confiscation of film.—Video films exhibited or kept in contra- vention cf tke provisions of this Act, the rules made thereunder or the terms-and corditions of a licence granted under this Act along with the . Video Cassette Recorder and Video Cassette Player, if any, used in-the “exhibition of video film, shall be liable to confiscation by an order of the court. . : , .. - 27. Power to exempt.—Notwithstanding anything contained ‘in this Act, if the Goverpment is satisfied that it is necessary or expedient in the public interest so to do, it'may, by notification, exempt, subject to such : Actt:on‘dition as it deems fit, “any class of persons from the provisions of this . 28. Licensee and applicant not entitled to compensation,— Where grant of any permission or Noc-objecticn_Certificate. or licence is refused or any licence .is-suspended or revoked or not réenewed, the applicant or ‘Jicensee shall not te entitled to any compensation. - " 29. Refond of licence fee.—Where' grant or renewal of licence is . sefused, the licence fee or, as the case may be, the fee for renewal thereof shall be refunded. I 30. Bar of 1०1 फा०८न्ल्ेणिटुड,-फर0 suit or other legal proceeding shall lie against the Government, licensing authority or any public servant, a&s the case may be, in respect of anything which is, in good faith, done or intended to be done under this Act. . . 31. Power tomakerules,—(1) The Government may, by publication #n the official Gazette, make rales for carrying out all or any of the pur- poses of this Act, - R o :.. {2) - Without prejudice to the generality of the foregoing powers such rules may provide.for— - . - 2 - . @ filmguxd'elines to determine suitability of site for exhibition of video >
- amendmsnt. shall be withgut 00... gedipions ol placs e Syt of पके विफल fc) - the किक एशवक्ीलाधिठताड जि कूलप्ॉपेडछन,शेत्ठतिछड atid N8-objection Certilicate and particulars of documents to Bé Firnished with _such applications; . Tci‘) . authorifies -or -officers t0.be consalted i yrantiag dr refusing L perms’thpr"“‘ws: >n, :licence .and Ne-objectibix (e) forms of permissiony Hognte and W था गण "ध्लिकाई a1d bordifio नदप्द गए श्र! -~ फाबेठ्टफ्ललमसस्ध्ते ० कै लव (6) ovisions for safety, con- mand comfort of pérsbns dttendiip ‘the whibi of (@) xdtes cof féey paydbls oH apPlication’ T0F peérin®tidn, licence and No-objection Certificate and on memorandum of -appeal S - and pétiton fof vévisioh; Sl 2 रु - procediire’ FoF साफ of application for permissiom livence and No-objection . Certificate i (i) - termis and cdnditiony stbjekt . - objectiol Cartificate, #iay BE g?ag"“wfifid"' (i) actions to_.be takc% in_cases of. contravention :of. termts and tohtitions referred to in clause G); - (k) - AD pesiod of -valility: of: pertiissict; ket and N-36jikibn Certificate (m) fees and renewal of licence; - (1) - period- of 'litnitation’ aalt protedure T6F #hPEdt 4hd rovision; ः . रठ' tors afid’ rebbfdd 1 ८ ऊधीविधिफिल्ते एक lice mflm respect लिन filles extidbition theréof and relate and things; " (p) . any other matter which is required to be, or may bey prescribed 7... छा provided:-for by’ bfl%}@ Every rile made under ihis iAet shall ‘bé taid; as-soow 28 sy " be, re' the Législative. Assombly -while: # i in session; £¢ 2> Tothl period of twenty days गिल be comprised in: one session or in two or more sucoessive sessions, and-if; beforeerpiry of thé seskivfithmdfiately following or successive sessions aforesaid, the .House agrses #h tmKink modification in the rule or that the rule should not B miadys, tHe il - shall thereafter have effect only in such modified form or be of no effect, as’ the case ‘may bg; उठ, WHwever, Hit हि $uch mo ua"fi'onh,_ préjirdibe’ validity मो previously done under thit fle : 32. 5 D E Wr ’ xhibition of video fifm on ज्लाप्ट छा बनना पर सलाद हक ९ Of this Act; anid every pérson keeping Video Library immediately before the saiddate shall obtain a licence thereof and, in the case of exhibition of video film, the permission समय व] 90:00 two months from’ this siid' date Blilide hé shall clage such exhibition or Video जननी:
11 (2). Part IIT of the Cinematograph Act, 1952 shall, from the dats of commencement of this Act, ceases to apply to exhibition of video film. © 7 (3) Save as otherwise provided in sub-section (2), the provisions of this Act, shall be in addition to, not in derogation of the Cinematograph Act, 1952 the Assam Amusements and Betting Tax Act, 1939 and any other law for the time being in force, and nothing contained herein shail be deemed to exempt any person from any proceeding, investigation, prosecution, sentence or penalty to which he may be liable under those Acts and other laws.