M
I
I
I
I
I
I
I
l
;
I
(r61e)
WaW$ns 6o'uernrnent @ulet$e
EXTRAORDINARY
Publlshed bY AuthorltY
OGovt. o[ flaryans
Price I 60 Paise
.HAN Dr o n* uti J,flKitri il*, Tf[R]t
r t r{ 26' I e I s
=;5rE;
fE;:::Er:jk:il;;==;iX';;i;i:'_:::#ilr;i_Jr':;
_i :i-;;:r5;;;Ai;;;-nri_1:-'i:!'iei;afii;'?'
HARYANA VIDI'IAN S'{,LilL\
SECIIETABIAT
Notif icrrtiou
The 26th ScPtcnibcr' 1985
*$'}:frHqil*fi fffi #,H#ifi,x*l&ru,.ilt
THE PI]NJAB CINF,MAS
(RIIG;1!IIION) HAIIYAI-IA AMI1NDMIINT
A
il I l- l-.
ro ametrct thepwtart ,,,i;,,;,;:,[f:,-1,,!:;""fr),;Xii;.tel2"itr
ir's apptication
,ixthoryofrc:T?1,'S.HJ,l'ftt:r.'i|i'.1'lJ.;.3iili:ii':t:
of I{arvana in thc rhiriv'
l.ThisActma)rbL)c:rlle'ClthePunjabCinerlas(lt"egrriation)Haryana$lrorttitlo.
emeirOrnent Act, 1985'
I
{
i
I
I
I
I
I
!
I
I
I
l
I
I
[{0ng N0, NW, CH.)
iBarpa‘na fieeemment $332112 .
EXTRAORDlNARY 2
Published by Authority
@160“. of Maryann
x - l
_ l
CHANDIGARH, THURSDAY, SEPTEMBER 26, 1985
(ASVINA 4, l9l)7 ’SAKA) ‘
HARYANA VlDHAN SARHA SECRETARTIAT
Notification ‘ ‘ 1
.1 The 26th September. 1985 I l
’1‘ " No. 11—HI_A of 1985/59.—The Punjab: Cinemas (Regulation) Haryunu ‘ l
Amendment Bill, 1985, as introduced in the Haryana Vidhan Sabha on the l 3
26th September, 1985, is published under Rule 128 of the Rules of Procedure , h
and Conduct of Business in the Maryann Legislative Assembly 1»—
THE PUNJAB CINEMAS (REGLJl,./\Tl~i)N) HARYANA AMENDMENT
Ell/4L. 1985
A
B I i, 1..
f0 amend the Punjab Cinemas (Regulation) Act, 1952,17: its application
to the State of Haryana.
. 138 it enacted by the Legislature 0f the State of Haryana in the Thirty-
mxth Year of the Republic of India. as follows :——
1. This Act may be (milled the Punjab Cinemas (Regulation) Haryana Short title.
Amendment Act, 1985.
Price 1 60 Paise (i619)
Ir
l'!
i
r620 rrA*'ANA "("^rrl.:i1ir[?.fftil
sEPr' 26' 1e8r
(.1) of scction 6 o[ the Punjab Cinemas2, h.r sttb-scctiott
Act, L952,-Anrendment
of
section 8 of
PunjabAct 1l
of 1952. (a) lor clause (e), the
following clause shall be substituted,
namely
"(e)
tlcnce this Ilill'
atrcl
(b) cliruscs (il ancl G) shall be
otnittecl'
SIATEMIII.iG OBJECTS
AND REASONS
r* craus,.s (c), (i) .lll$,1th"1,,,...ili:J,,:.?,:,',i;Jl,1i"3"::fi}#J}i*}t+i::if#l
ri';. r:i;, *.,,r-'.,
$t[tf,;f*g$9;ygiry$Lll ;': l'l'";l
"i ! l'"1
The laltcr '\ct \\'i'Is ll'
l,l., :: l;l,i: ll, 3:.l ii,q,i"I I i ;,ffi
f, iil,s,"**,il
1[ H[rc,Jlu: X
s'tx'tHil "li,h"i,the Putrjlb I:tl tcttlr
BHAJAN LAL,
Chief Ministor, HarYana'
I
t'
""h
G. L. BATRA'
SecretatY'CHANDIGAR}i
:
Ttre 26tir ScPtetlrbcr'
rqs5.
,I
,_~_._._..~__.—........._——_..r ,.
:11:
Amendment of
section 8 of
Punjab Act 11
Of 1952.
ASVN. 4, 1907 SAKA)
.fi_________ ; J j“ -‘
1620 HARyANA G(OVT.GAZ. (EXTRA.), SEPT. 26, 1985
2. 1n sub—section (1) of section 8 of the Punjab Cinemas lclat
Act, 1952,.# (J gu ion)
(a) for clause (‘3), the f0110Wing Clause shall be Substituted, namely :—
"(u) the licensee has been penalised for notless than three times under
section 15 of the Punjab Entertainments Duty Act’, 1955;”;
and
(b) clauses (f) and (g) shall be omitted.
STATEMENT OF OBJECTS AND REASONS
In clauses (c), (f) and (g) of section 8 of the Punjab Cinemas (Regulation)
Act, 1952. it has been provided that the licensing authority may suspend, cancel
or revoke the licence. inter alia, on the grounds of(i) conviction ofthe licensee;
(ii) his compounding the offence; and (iii) imposition upon him of the penalty
under sections l5, l6 and l4—A of the Punjab Entertainments Duty Act, 1955.
The latter Act was amended in the year 1973 so as to omit sections 14-A and
16 therefrom and substitute 8.110
ther fresh section 15 therein in place of
the original. Consequently the provisions of section 8 of the .Punjab Cinemas
(Regulation) Act, 1952, are also requii'ed to be amended on identical lines so
as to bring its provisions at par with Similar prows‘ions in relevant sections 0
the Punjab Entertainments Duty Act, 1955.
.Hence this Bill.
BHAJAN LAL,
Chief Minister, Haryana.
CHANDlGARH : G. L. BATRA,
Secretary.
The 26th September, 1985.
LatestLaws.com
LatestLaws.com
THE PUNJAB CINEMAS (REGULATION) ACT, 1952
(PUNJAB ACT l IOF 1952)
TABLE OF CONTENTS
Sections.
1 . Short ride, extent and commencement.
2. Definitions.
3. Cinematograph exhibi~ion 10 be ljcenscd.
4. Lictnsiiig au~hority.
5 . Restrictions on powers of licensing au~horjty.
6. Powers of Government or local authority LO suspend exhibiuon oC films
in certain cases.
7 . Penalties.
7A. Amendment or alteration in classification of seals and rates by the
licensee.
7B. Power of Government to amend or alter rales for admission 10
cinemarograph exhibi~ion.
7C. Penalty for re-salt of tickets and cognizance of offence.
8. Powcr to suspend, cancel or revoke licence.
SA. Restoralion of certain cancelled licences on payment of penaI~y.
9. Power to make rules.
10. Powcr 10 cxempt.
1 I . Repeal of the Cinemalograph Act, 1918.
343
THE PUNJAB CINEMAS (REGULATION) ACT. 1952
Sections.
.wsv
(PUNJAB Acr llOF 1952)
TABLE OF CONTENTS
Short title. extent and commencement.
Definitions.
Cinematograph exhibition to be licensed.
4. Licensing :tuthcrtty.
7A.
7B.
7C.
SA.
lD.
ll.
. Restrictiens on powers of licensing authority.
Powers of Guvemment or local authorily to suspend exhibition of films
in certain cases.
. Penalties.
Amendment or alteration in classification of seats and rates by the
licensee. '
iner of Government to amend or alter rates for admission to
Clnemalogmph exhibition.
Penalty for re-snle of tickets and cognizance of offence.
. Power to suspend, cancel or revoke licencei
Resmralinn al‘ certain cancelled licences on payment of penalty.
Power to make rules.
Power to Exempt.
Repeal of the Cinematograph Act, 1918,
LatestLaws.comLatestLaws.com
1952 : Pb. Act 111 CINEMAS (REGULATION) 345
'THE PUNJAB CINEMAS (REGULATION) ACT, 1952
PUNJAB ACT NO. 1 1 OF 1952
[Received rJle assent ofthe Governor of P~rlzjub on tlre
Idtli of August, 1952, altd was first published in the Ptuljab
Government Gazerre (Extraordinary), of
the 19th August, 1952
Year I NO.
3
.. .
Short title
The Punjab Cinemas
(Regulalion)
Act. 1952.
- -
Whelher repealed or olhemisc
affexted by legislation
Amended by Punjab Act 6 of 19S2.
Extended to [he territories. which
immediately before h e I st November,
1956, were comprised in the Stale of
Paliala and East Punjab States Union by
Punjab ACI 5 of 1957.
Amended by Punjab Act 28 of 1957.j
Amcnded by Punjab Aci 4 of 1963.'
Amended by Haryana Adapralion of Laws
Order, 1968.5
Amended by Haryana Act 5 of 1968: ,
Amended by Haryana Act 21 of 1969.'
Amended by Haryana Act 12 of 1982.8
Amended by Haryana Acl 13 of 1985:
1. For st arc men^ of Objecls and Reasons, see Prrrrjab Governr~~ent Gazelle
(Exbaordinary). dated 22nd July, 1953, pages 659-60; For proceedings in the
Asscmbly , see Punjab Lcgisla~ive Assembly Dcbates, 15152. Volume 2, pp (30)
8-(30)28 .
2. For Stalement of Objccls and Rcasuns, scc Ptrtrjab Goverrtnlelit Gazctrc
Extraordinary), 1955, page 145.
3. 'For St:ltcmcnt of Objects and Reasons, see Pur~jnb Goven~mcrrt Gazette
(Exrraordinary), 1957, page 1690.
4. For Srnternenl of Objccls and Hcasons, see Punjnb Governrrle~~t Gazerre
(Extraordinary), 1963, page 208.
5 . For Staternem of Objects and Reasons, see P~rnjub Govenrr?letir Gazerre
(Extraordinary), 1968, page 362. -
6. See Hnryano Govertrmenr Gazette (Extra). daled 29th October. 1968,
page 53 I .
7. For Stalcrncn t of Objects and Rcasons, see Ptrr~jnb Govcrtlnle~ll Gazerre
(Extraordinary), 1969. page 59. -
8. For Slalement of Objecls and Reasons, see Harynrro Go~)enlr~~errr Gn:ef[c
(Exlraordinary). dated the 16-3- 1982 page 312.
9. For Sratcmcnr of Objects and Rcasi~nh. see Hnr jn~ in G ' O ~ ~ ~ I ~ I I I I I E J ~ ~ Gazerre
(Ex~rwrdinary), daled the 26-8- 1955. page 1620.
1952
: Pb. Act 11] CINEMAS (REGULATION) 345
‘THE PUNJAB CINEMAS (REGULATION) ACT, 1952
PUNJAB ACT No. 11 OF 1952
[Received the assent afrhe Govemar oannjub on the
16th oleugust. 1952, and was first published in the Punjab
Gnvemment Gazerte (Ex/raardt'naty), of
the 19th August, 1952
3
Short tide Whether repealed or otherwise
affected by legislation
11 The Punjab Cinemas Amended by Punjab Act 6 of 1955’.
(Regulation) Extended to the territories. which
Act. 1952. immediately before the lst November,
1956, were comprised in the State of
Fatiala and East Punjab States Union by
Punjab Act 5 of 1957.
Amended by Punjab Act 28 of 1957.J
Amended by Punjab Act 4 of1963.‘
Amended by Haryana Adaptation of Laws
Order, 1968.5
Amended by Haryana Act 5 of 1968.“
Amended by Haryana Act 21 of 1969.7
Amended by Haryana Act 12 of 19:32!3
Amended by Haryana Act 13 of 1935:?
. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary). dated 22nd Iuly, 1952. pages 65940; for prnueedings 'tn Lhe
Assembly. see Punjab Legislative Assembly Debates, 1952. Volume 2. pp (30)
8-(30)28 .
For Statement of Objects and Reasons, m: Punjab vaerttment Gaze/M
(Extraordinary), 1955, page 145.
'For Statement of Objects and Reasons. :2: Punjab Govemmcnr Gazette
(Extraordinary), 1957, page 1690.
For Statement of Objects and Reasons. see Punjab Government Gazette
(Extraordinary). 1963, page 208.
For Statement of Objects and Reasons, see Punjab Gottzntment Gazelle
(Exuaordinary), 1968. page 362.
See Hnryana Government Gazette (Extra). dated 29th October. 1968.
page 531.
. For Statement of Objects and Reasons, sec Punjab Gat't'l‘nmenl Gazette
(Extraordinary), 1969. page 59.
For Statement of Objects and Reasons, see Han-arm Government Gn:ellc
(Extraordinary), dated the 16-3-1982 page 322.
For Statement of Objects and Rnnsnns, :ed Hnrynna Government Gn:2trc
(Extraordinary), dated the 26-9-1985. page 1620.
LatestLaws.comLatestLaws.com
346 C~NEMAS (REGULATION) [I952 : Pb. Act 11
An Act to make provision for regulating exhibitions by means of
. cinematographs in the l[llaryana]
It is hereby enacted as foIlows :-
Short iilte, 1. ( 1 ) This Act may be called r he Punjab Cinemas (Regulation)
extenr and Act, 1952.
corn rncnce-
menl. (2) Itextends tothewholeof thcstateof lwaryana].
(3) It shall be deemed to have come into force on 28th of July
1952 '[in the principal territories and on the 3rd April, 1957, in the
transferred territories.]
Definitions. 2. In this Act, unless the context otherwise requires,-
(a) "Cinematograph" includes any apparatus for the rep-
resentation of moving pictures or series of pictures;
(b) "Government" means the Government of the 3[S tate of
Haryana]
( c ) "place" includes a house, building, tent and
any description of transport, whethcr by sea, land, or
air ;
(d) "prescribed" means prescribed by rules made under
this Act.
Cinematograph 3. Save as othenvise provided in this Act, no person shall give
exhibition LO an exhibition, by means of a cinematograph, elsewhere than in a place
be licensed- licensed under this Act or otherwise than in compliance with any
condition and restriction imposed by such licence.
Licensing 4. The authority having power to grant licences under this ACL
authority. (hereinafter referred to as rhe 'licensing authority'), shall be thc District
Magi s trace :
Provided that the Government may, by notification in h e official
Gazette, constitute for the whole or any part of the State, such other
authority as i r may specify therein, to be [he licensing authority for the
purposcs of ths Act.
1. Subs~itu~ed [or thc word, 'Punjab' by thc Iiaryana Adaptation of Laws
Order, 1968.
, 2 . Adklby ib id .
3. Subsirrutzd Ibr the rvords "Sta~c of Punjab by ibid.
346 CINEMAS (REGULATION) [1952 : Pb. Act 11
An Act to make provision for regulating exhibitions by means of
cinematographs in the l[Haryana]
It is hereby enacted as follows 2—-
Shorr title, 1. (I) This Act may be called the Punjab Cinemas (Regulation)
extent and Act, 1951
CUITIITICI'ICC‘
mm. (2) It extends to the whole of the State of ‘[Haryana].
(3) It shall be deemed to have come into force on 28th of July
1952 1[in the principal territories and on the 3rd April, 1957. in the
transferred territories]
Definitions, 2. In this Act, unless the context otherwise requires,—
(u) “Cinematograph” includes any apparatus for the rep-
resentation ofmoving pictures or series of pictures;
(1;) “Government” means the Government of the ’[State of
Haryana]
(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,
Cincmatogrnph 3. Save as otherwise provided in this Act, no person shall give
exhibilion w an exhibition, by means of a cinematograph, elsewhere than in a place
be licensed' licensed under this Act or otherwise than in compliance with any
condition and restriction imposed by such licence.
Licensing 4. The authority having power to grant licences under this Act
aulhor‘iW» (hereinafter referred to as the ‘licensing authority'), shall be the District
Magistrate 2
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 authority for the
purposes of this Act,
1. Substituted for the word. ‘Punjab‘ by the Hnryanu Adaptation of Laws
Order.1968,
. Awbyrbid.
3. Substituted for the words “Stall: of PunJab" by ibid.
m
LatestLaws.comLatestLaws.com
5. ( I ) The licensing authority shall not grant a licence under Restrictions
this Act unless i t is satisfied that- on powcrs of
licensing
(a) the rules made under this Act have bcen complied with ; a,,lhoriry,
and
(b) adequate precautions have been taken in the place, in
respect of which the licence is to be given to provide for
the safety of the persons attending exhibitions therein.
'(2) Subject to the foregoing provisions of this section and to
the contrbl of the Government, the licensing authority may grant licences
under ihis"~ct to such persons as it thinks fit , on such terms and
. . - ,
conditions' as i t may determine :
'provided that i t shall be deemed to be a condition of every
licence whether granted before or after the commencement of the Punjab
Cinemas (~e~ulat ion) Haryana Amendment Act, 1968, that if a licensee
fails, without sufficient cause, to give exhibition, by means of a
cinematograph, for a period of fifteen days in a month whether
consecutively or othe-wise. his licence shall be liable to concellation
under clause (b) 'of sub-section ( 1 ) of section 8.1-
(3) Any person aggrieved by the decision of the licensing
authority refusing to grant a licence under this Act may, within such
time as may be prescribed, appeal to the Government or to such officer
as the Governmen1 may specify in this behalf and the Government or
the officer, as the case may be, may make such order in the case as it or
he thinks fit.
(4) The Government may, from time LO time, issue directions
to licensees generally or to any licensee in particular for the purpose
of regulating 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, documentary films or indigenous films
' secure an adequate opportunity of being exhibited and where any such
directions have been issued those directions shall be deemed t o be
additional condi [ions subject to- which the licence has been
6. ( 1 ) The ~overrhnent in respect of the whole of the *[State of Power of
Haryana] or any part thereof, and the District Magistrate, in respect of Governmen' Or
local authority
the district whithin his jurisdiction, may, i f i t or he, as the . case . . . may be, , suspend
is of opinion that any film which is being publicly exhibitcd is likely of
to causc a breach of the peace, by ordcr, suspend the exhibition of the Films in ccriain
I. Provisio to sub-section (1) of scction 5 inserted by Haryana Acl 5 of 1968. cases-
2. Subsritu~ed for the ivords "Statc nf Punjab" by theMaryana Adaprarion ul'Laws
Order. 1968.
1952 : Pb. Act 11 ] CINEMAS (REGULATION) 347
S. (1) The licensing authority shall not grant a licence under
this Act unless it is satisfied that—
(a) the rules made under this Act have been complied with ;
and
(b) adequate precautions have been taken in the place, in
respect of which the licence is to be given to provide for
the safety of the persons attending exhibitions therein.
‘(2) Subject to the foregoing provisions of this section and to
the control of the Government, the licensing authority may grant licences
under this"Act to such persons as it thinks fit, on such terms and
conditions as it may determine :
1[Provided that it shall be deemed to be a condition of every
licence whether granted before or after the commencement of the Punjab
Cinemas (Regulan'on) Haryana Amendment Act, 1968, that if a licensee
fails, without sufficient cause, to give exhibition, by means of a
cinematograph, for a period of fifteen days in a month whether
consecutively or otherwise, his licence shall be liable to cancellation
under clause (b) of sub—section (1) of section 3,]
(3) Any person aggrieved by the decision of the licensing
authority refusing to grant a licence under this Act may, within such
time as may be prescribed, appeal to the Government or to such officer
as the Govemment may specify in this behalf and the Government or
the officer, as the case may be, may make such order in the case as it or
he thinks fit.
(4) The Government may, from time to time, issue directions
to licensees generally or to any licensee in particular for the purpose
of regulating 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, documentary films or indigenous films
' secure an adequate opportunity of being exhibited and where any such
directions have been issued those directions shall be deemed to be
additional conditions subject to which the licence has been granted.
6. (1) The Government in respect of the whole of the 2[State of
Haryana] or any part thereof, and the District Magistrate, in respect of
the district whithin his jurisdiction, may, if it or he, as the case may be,
is of opinion that any film which is being publicly exhibited is likely
to cause a breach of the peace, by order, suspend the exhibition of the
t. Provisio to subsection (2) of section 5 inserted by Haryuna Act 5 of l968.
l. Substituted for the words "Slrtte anunjab" by the Haryana Adaptation ut'Laws
Order. 1968.
Restrictions
on powers of
licensing
authority.
Power of
Government or
local authority
to suspend
exhibition of
films in certain
cases.
LatestLaws.comLatestLaws.com
348 CINEMAS (REGULATION) [I952 : Pb. Act 1 l
Penalty.
film and during such suspension tho film shall be deemed to be
uncenified film in the State, part of the State or district, as the case
may be.
(2) Where an order under sub-section ( I ) has been issued by ;
a District Magistrate, a copy [hereof, together with a statement of
reasons therefor shall forthwith be forwarded by the District Magistate
to the Government, and the Government may either confirm or rescind
the order.
(3) An order made under this section shall remain in force
for a period of two months from the date thereof, but the Govemment
may, if it is of opinion that the order should continue in force, direct
that the period of suspension shall be extended by such further period
as it thinks fit.
l[7. ( 1 ) If the owner or person incharge of a cinematograph 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, the
licensing authority may, after affording such owner or person, as the .
case may be, an opportunity of being heard, direct him to pay by way
of penalty a sum not exceeding one thousand rupees and, if thc breach
i s a continuing one, to pay a further penalty not exceeding one hundred
rupees for every day after the first during which the breach continues.
(2) Any person aggrieved by an order passed by the licensing
authority under sub-section ( I ) may, within a period of thirty days
from the date of communication to him of such order, prefer an appeal
to the Government and the Government shall, thereupon, pass such
order as it may think fit after affording a reasonable opportunity to the
parties affected thereby of being heard.]
Amendment or 77A. ( 1 ) The licensee shall adhere to classification of seats and
alteration in the rates for admission to the cinematograph cxhibition as approved
classificatiun
by the licensing authority and shall not amend or alter the same without
of seats and
rates for the written approval of thc licensing authority.
admission by (2) If the licensee intends to increase the rates for admission
[he licensees. to cinematograph exhibition, he shall make an application in wriung
to the licensing authority stating the reasons therefor, at least seven
I . Subs~ituted by Haryana Acr 12 of 1982.
2 . Sub-scctions (7A), (7B). (7C), inscrled by Haryana Acr 21 of 1969.
Penalty.
Amendment or
alteration in
classification
of seals and
rates for
admission by
the licensees.
348 CINEMAS (REGULATION) [1952 : Pb. Act 11
film and during such suspension the film shall be deemed to be
uncertified film in the State, pan of the State or district, as the case
may be.
(2) Where an order under sub-section (1) has been issued by
a District Magistrate, a copy thereof, together with a statement of
reasons therefor shall forthwith be forwarded by the District Magistate
to the Government, and the Government may either confirm or rescind
the order.
(3) An order made under this section shall remain in force
for a period of two months from the date thereof, but the Government
may, if it is of opinion that the order should continue in force, direct
that the period of suspension shall be extended by such further period
as it thinks fit.
1[7. (1) If the owner or person incharge of a cinematograph 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, the
licensing authority may, after affording such owner or person, as the
case may be, an opportunity of being heard, direct him to pay by way
of penalty a sum not exceeding one thousand rupees and, if the breach
is a continuing one, to pay a further penalty not exceeding one hundred
rupees for every day after the first during which the breach continues.
(2) Any person aggrieved by an order passed by the licensing
authority under sub-section (1) may, within a period of thirty days
from the date of communication to him of such order, prefer an appeal
to the Government and the Government shall, thereupon, pass such
order as it may think fit after affording a reasonable opportunity to the
parties affected thereby of being heard]
3[7A. (1) The licensee shall adhere to classification of seats and
the rates for admission to the cinematograph exhibition as approved
by the licensing authority and shall not amend or alter the same without
the written approval of the licensing authority.
(2) If the licensee intends to increase the rates for admission
to cinematograph exhibition, he shall make an application in writing
to the licensing authority stating the reasons therefor, at least seven
1, Substituted by Hnryana Act 12 of 1982.
Z. Sub-sections (7A), (7B), (7C), inserted by Haryana Act 2i of 1969,
LatestLaws.comLatestLaws.com
1952 : Pb. Act 11 ] CINEMAS (REGULATION) 349
days before the date on which i t j s proposed to give effect LO the increase
in such rates.
(3) If the licensing authority is satisfied that the increase in
the rates for admission to the cinematograph exhibition will not
unreasonably affect the purchaser of the ci nemacograph exhibition
tickets, it may, for masons to be recorded in writing grant the approval
for such increase :
Provided that such approval shall not be granted by the licensing
authority more than twice a year.
(4) Any person aggrived by the decision of the licensing
authority under sub-section (3) may, within such time as may beprescribed,
appeal to the Government and the Government may make such order in
the case as it thinks fit.
7B. If the Government is of opinion that it is necessary or expedient Power of
so to do in the public interest, it may, by order, for reasons to be recorded Govcrnmcnt to
i n writing, amend or alter the rates for admission to the cinematograph award or 'lter
rates for
exhibition and the licensee shall comply with such order accordingly.
, ,
cinematograph
cx hibi tion.
7C. ( 1 ) No~withstanding anything contained in section 56 of the Pcnalty for
Indian Easements Act, 1882, a ticket for admission to a cinematograph of tickers
and cognizance
exhibition shall not be re-sold for porfit by the purchaser thereof,
ofaffcnces,
(2) Whoever re-sells any ticket for admission to a
cinematograph exhi bition for profit shall be punishable with fine which
may extend to twn hundred rupees.
(3) Notwithstanding anything contained in the Code of
Criminal Procedure, 1 898, an offence under ths section shall be deemed
to be cognizable within the meaning of that Code.]
'[8. (1) Notwithstanding anything contained in this Act, the State pow, 1,
Govemmen~ or the licensing authority may at any time suspend, cancel suspend, cancel
or revoke a licence granted under section 5 on one or more of the following Or r e v ~ k c
licence.
grounds, namely :-
(a) the licence was obtained through fraud or misiep-
resentation ;
1 . Substirutcd for seclion 8 by Funjab Act 6 oC 1955. swlion 2,
1952 : Pb. Act 11 ] CINEMAS (REGULATION) 349
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 increase in
the rates for admission to the cinematograph exhibition will not
unreasonably affect the purchaser of the cinematograph exhibition
tickets, it may, for masons to be recorded in writing grant the approval
for such increase :
Provided that such approval shall not be granted by the licensing
authority more than twice a year.
(4) Any person aggrived by the decision of the licensing
authority under sub-section (3) may, within such time as may be prescribed,
appeal to the Government and the Government may make such order in
the case as it thinks fit.
7B. Ifthe Government is of opinion that it is necessary or expedient
so to do in the public interest, it may, by order, for reasons to be recorded
in writing, amend or alter the rates for admission to the cinematograph
exhibition and the licensee shall comply wi:h such order accordingly.
7C. (1) Notwithstanding anything contained in section 56 of the
Indian Easements Act, 1882, a ticket for admission to a cinematograph
exhibition shall not be resold for porfit by the purchaser thereof.
(2) Whoever re-sells any ticket for admission to a
cinematograph exhibition for profit shall be punishable with fine which
may extend to two hundred rupees.
(3) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898, an offence under this section shall be deemed
to be cognizable within the meaning of that Code]
‘[8. {1) Notwithstanding anything contained in this Act, the State
Government or the licensing authority may at any time suspend, cancel
or revoke a licence granted under section 5 on one or more of the following
grounds, namely :—
(a) the licence was obtained through fraud or misrep-
resentation ;
l. Substitutcd for section 8 by Punjab Act 6 of I955. section 2.
Power of
Government In
award or alter
rates for
admission ID
cinematograph
exhibition.
Penalty for
resale of tickets
and cognizance
ofoffences.
Power to
suspend, cancel
or revoke
licence.
LatestLaws.comLatestLaws.com
CINEMAS (REGULATION) 11952 : Pb. Act 11
(h) the licensee has committed a breach of any of the I
prpvisiqns of this Act or rules made thereunder or of
!
any condition or reshic tion contained in the ,licence,
I
or of any direction issued under sub-sectioq (4) of .
scction 5 ; . .
(c) on account of any changes occuring in the Iodality of
,the place licensed, the continuance of the Gcence is
considered prejudicial to decency or morality ;
(d) the licensee has been convicted of an offence under
section 7 of this Act or section 7 of' 'the Cinema-
tograph Acl, 1952 (37 of 1952) ;
'[(el h e licensee has been penalised for not less than three
times under section 15 of the Punjab Entertainments
Duty Act, a5 ;]
(2) Where the Government or the licensing authority is of
h e opinion that a licence granted under section 5 should be suspended,
cancelled or revoked, it shall, as soon as may be, communicated 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 opportunily, the Government or the
licensing authority, as thc case may be, is satisfied that the licence
should be suspended, cancelled or revoked . i t shall record an order
s~anding therein the ground or grounds on which the order is made,
and shall communicate Ihe 'same to the licensee in writing,
( 4 ) Whcrc the order suspending, cancelling or revoking a
licence under sub-section (3) has been passed by a licensing authority,
a n y person aggrieved by order may, within thirty days o f the
I . Clauscs (e), (I] and (g) inserted by Punjab Arr 4 of 1963.
7. Ornirirld by IIaryana Acr 13 ol 1985.
350 CINEMAS (REGULATION) [1952 : Pb. Act t]
(b) the licensee has committed a breach of any of the
provisions of this Act or rules made thereunder or of
any condition or restriction contained in the licence,
or of any direction issued under sub-section (4) of
scction 5 ;
(c) on account of any changes occuring in the locality of
the place licensed, the continuance of the licence is
considered prejudicial to decency or morality :
(d) the licensee has been convicted of an offence under
section 7 of this Act or section 7 of the Cinema»
tograph Act, 1952 (37 of 1952) ;
‘[(e) the licensee has been penalised for not less than three
times under section 15 of the Punjab Entertainments
Duly Act, 1955 :l
:[m******]
2(g)[>k****>l=*]-
(2) Where the Government or the licensing authority is of
the opinion that a licence granted under section 5 should be suspended,
cancelled or revoked, it shall, as soon as may be, communicated 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 Government or the
licensing authority, as the case may be, is satisfied that the licence
should be suspended, cancelled or revoked , it shall record an order
standing therein the ground or grounds on which the order is made,
and shall communicate Ihe’sarne to the licensee in wtiting,
(4) Where the order suspending, cancelling or revoking a
licence under sub-section (3) has been passed by a licensing authority,
any person aggrieved by order may, within thirty days of the
l. Clauses (e). (I) and (g) inserted by Punjab Act 4 of 1963.
2. Omitted by Ilaryana Act I} of [985.
LatestLaws.comLatestLaws.com
. : ..-
communication of SL :h order to him, prefer an appeal to Sovernment
which rnay pass suct: order as it thinks f i ~ .
(5) The order of the Government shall be final.]
'[8A. Where c. licence is cancelled under clause (b) o ~ f sub-section Restoration
(I) of section 8 for a breach of the condi tian of the licence specifed in certain
ihe proviso to sub-section (2) of section 5, the licensing authority may,
Iicences on
on an application made to it by the person whose licence is cancelled,
of
restore the licence if such a person pays to the licensing authority, for
each day on which the licensee failed to give exhi bition by means of a
cinematograph, including the days referred to in the said proviso, such
penalty, which may extend to twice the amount of the daily average, as
may be determined by the licensing authority.
Explanation :- For the purposes of this secrion, the expression
"the amount of the daily average" means the amount which is arrived
at after dividing the aggregate amount of entertainment duty and
entertainment tax per s h ~ w paid or payable by the person whose licence
is cancelled for 2 period of fifteen days next preceding the date on
which such person first failed to give exhibition by means of a
cinematograph, by the number fifteen.]
9. The Government may, by notification in the official Gazette, Power 10 m&c
make rules- rules.
(a) prescribing the terms, conditions and restriction, if
any, subject lo which Iiences may he granted under
this Act;
( b ) providing for rhe regulation of cinematograph
exhibitions for securing the public liafety;
(c) prescribing t he time within which a,ld the conditions
subject to which an appeal under sub-section (3) of
scction 5 '[and sub-section (4) of section 7A J may
be preferred.
10. The Government may, by order in writing, exempt, subject Power to
to such conditions as i t may impose, any cinematograph exhibition or exemp'-
class of cinemalograph exhibitions as also the premi2es or site used or
1. Seclion 8 P. inserted by Haryana A a 5 of 1968.
2. The words "and sub-section (3) of seclion 7A" inserted by Ilaryann Act 21
of 1969.
3. Subslitured for section 10 by Punjab Act 28 of 1957.
1952 : Pb. Act 11 ] CINEMAS (REGULATION) 351
communication of su:h order to him, prefer an appeal to Government
which may pass such order as it thinks fit.
(5) The order of the Government shall be final]
‘ISA. Where a licence is cancelled underclause (b) ufsub-set‘tion
(I) of section 8 for a breach of the condition of the licence specifed in
the proviso to sub-section (2) of section 5, the licensing authority may.
on an application made to it by the person whose licence is cancelled,
restore the licence if such a person pays to the licensing authority, for
each day on which the licensee failed to give exhibition by means of a
cinematograph, including the days refen’ed to in the said proviso, such
penalty, which may extend to twice the amount of the daily average, as
may be determined by the licensing authority.
Explanation :— For the purposes of this section, the expression
"the amount of the daily average” means the amount which is anived
at after dividing the aggregate amount of entertainment duty and
entertainment tax per show paid or payable by the person whose licence
is cancelled for a period of fifteen days next preceding the date on
which such person first failed to give exhibition by means of a
cinematograph, by the number fifteen]
9. The Government may, by notification in the official Gazette,
make rules—
(a) prescribing the terms, conditions and restriction, if
any, subject to which liences may be granted under
this Act;
(b) providing for the regulation of cinematograph
exhibitions for securing the public 'tafety:
(c) prescribing the time within which and the conditions
subject to which an appeal under sub-section (3) of
section 5 2[and sub-section (4) of section 7A ] may
be preferred,
3m). The Government may, by order in writing. exempt, subject
to such conditions as it may impose, any cinematograph exhibition or
class of cinematograph exhibitions as also the premises or site used or
1. Section B A inserted by Haryana Act 5 of 1968,
2. The words “and sub-section (4) of section 7A" inserted by Haryana Act 21
of l969.
3. Substituted for section I0 by Punjab Act 28 of 1957.
Restoration of
certain
cancelled
licences on
payment of
penalty.
Power to make
rules.
Power to
exempt.
LatestLaws.comLatestLaws.com
352 CINEMAS (REGULATION) [I952 : Pb. Act 11
intended to be used for cinematograph exhibition from any of the
provisions of this Act or of any rules made thereunder.]
RepeaI of the 11. The Cinematograph Act, 1918 (I1 of 1918), in so far as i t
Cinemalograph relates to matters other' than the sanctioning of cinematograph films
Act. Ig18- for exhibition, is hereby repealed :
Provided that any appointment, notification, order, scheme, rule,
foml or by-law made or issued under the repealed Act, shall, so far as
i t is not inconsistent with the provisions of rhis Act, continue i n force
and be deemcd to have been made or issued under the provisions of
this Act, unless and until i t is superseded by any appointment,
notification, order, scheme, rule, form 07 by-law made or issued under
this Act.
Repeal of lhe
Clnemarograph
Acl, 1918.
352 CINEMAS (REGULATION) [1952 : Pb. Act 11
intended to be used for cinematograph exhibition from any of the
provisions of this Act or of any rules made thereunder.]
11. The Cinematograph Act, 1918 (H of 1913), in so far as it
relates to matters other than the sanctioning of cinematograph films
for exhibition, is hereby repealed :
Provided that any appointment, notification, order, scheme, rule,
form or by-law made or issued under the repealed Act, shall, so far as
it is not inconsistent with the provisions of this Act, continue in force
and be deemed to have been made or issued under the provisions of
this Act, unless and until it is superseded by any appointment,
' nofification, order, scheme. rule, form or by-law made or issued under
this Act.