= 1951 - pb. Act XI.] CINEMAS (REGULATION) 35 THE PUNJAB CINEMAS (REGULATION) ACT, 1952.
ARRANGEMENT OF SECTIONS, SECTIONS.
1. Short title, extent and commencement.
2, Definitions.
3. Cinematograph exhibition to be licensed.
4, Licensing authority. | 5, Restrictions on powers of licensing authority.
6. Power of Government or local authority to suspend exhibition of films in certain cases.
7, Penalties.
7-A. endment oF alteration in classification of seats and rates for admission by the licensee.
.
7-B. Power of Government to amend or alter rates of admission to cinematograp h exhibition.
7-c. Penalty for resale of tickets and cognizance of offences.
g. Powers to suspend, cancel or revoke licence.
9, Power to make rules.
10. Power to exempt.
1]. Repeal of the Cinematog raph Act, 1918:
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 Government Gazette (Extraordinary) of August 19, 1952].
“Fj Whether repealed or otherwise affected Short title by later Legislation Year No.
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 Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 Amended by Government of India Nolification No. G.S.R. 132, dated the 13th January, 1970 —___ see Punjab Government Gazette (Extra- 1For Statement of Objects and Reasons ordinary), dated the 22nd July, 1952, pages 659-60. For prosesnny 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 State of which immediately before the Ist November, | | ¢ Union, by the Punjab Laws (Extension No.1) Act, 1957 Patiala and East Punjab States Ln (Punjab Act No. $ of 1957), section 4; Schedule I.
*For Statem2at of Objects and Reasons, ser Punjab Government Gazerte (Extraordinary), dated the 11th March, 1955, page 145.
3For Statement of Objects and Reasons, see Punjab Government Gazette (Exiraordinary), dated the 14th ‘March, 1957, 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 (Exiramjab Governnicut Gazette (Extra ‘For Statement of Object ordinary), dated the 23rd October, ‘For Statement of Objects and Reasons, ordinary), 1963, page 208.
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 Government] ; .
(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 otherwise than in compliance with any condition and restriction 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.
1952 ° Pl e ; ‘ \ , » Act XI] CINEMAS (REGULATION) 5, . ice >} ‘ ‘ ° ae ) ne licensing authority shall licence under this Act unless it is satisfied r ne 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 btermne, conditions as it . (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 Government 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. (/) The Government in respect of the whole of he TIN} “t f Chandigarh] or any part thereof, TO Toren : acl of the district within and. the District Magistrate, in res ) his jurisdiction, may, if it or he, as _ the vicly 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 State film shall be deemed ! fied film in e State, part of the State or district, as the case may DY ___ ee eS Sp Plt yy hy the Punjab Reorganisation 1S ibstituted for the words “State of Punjab current Subjects) Order, 1968, ( Cha idigarh) (Adaptation of Laws 0a State a m Restrictions on powers of liczising authority, Power of Governent or local authority to suspend exhibition of films {n certain cases.
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 thereof, 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 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, 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 classiof 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_withlicensee.
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 increase 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 ; e 1952 : Pb. Act XI.] CINEMAS (REGULATION) AI provi rovided that such approval shall not be granted by.
the licensing authority more than twice a year Che
(4) Any person agerie OM ved : isi licens authority under 06 oY ion (Gy ma of _ the suc , mo may be prescribed, appeal to the G witht ment and the overnment may make such order in the case as it thinks fit.
7-B. If the Government is of opi necessary OTF expedient so to do in the public interest it may, by order, for reasons to be recor iti amend or alter the ra ded in writing, tes for admission to the cin tograph exhibition and the licensee shal emasuch order accordingly.
| shall comply with 7-C. () Notwithstanding anything t, 1882, a ticket section 56, of the Indian Easements Ac for admission to a cinematograph exhibition shall not be resold for profit by the purchaser thereof.
y ticket for admission to @
(2) Whoever resells an cinematograph exhibition for profit shall be punishable with fine which may extend to two hundred rupees.
ing contained in the Code | Procedure, 98, an e under this section able within the meaning © rg, () Notwithstan ding anything contained ronment] of the licensin q licence Act, the 2Central Gove 7 of HN revoke i suspend, can ;
at any UMe p one or more of the follow1D8 ay ranted under section 2 08 grounds, 0 mely ‘7 | ed through fraud or mis;
1Substitute ssubstituted for the wor souandio arh) (Adaptat ion nion that it 1S Power of Government to amend or alter rates for admission to cinematograph exhibitlon, for resale : :, Penalty contained 10 “Sr tickets and cosnizance of offences.
to suspend, i sc Power in this cancel or revoke g authority licence.
ti —— __ D e e i | 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.
1¢c s . ° 9 The G ?. yovernment mi 7 ) 1 ’ ’ , CT ’ Official Gazette, make rules. by notification in the rs, © ™ rules.
a) prescribi (a) prescri bang (he terms, conditions 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 the ti ithi _ he ume within which and t conditions subject to which an appeal ier sub-section (3) of section 5 *[and sub-section
(4) of section 7] may be preferred.
| (10. The Government may, by order in writing, exempt, subject to such conditions as it may impose, any cinematograph exhibition of class. of cinematograph exhibitions as also the premises OF site used or intended to ion from any of the be used. for cinematograph exhibit provisions of this Act of of any rules made thereunder.]
eee The Cinematograph Act, 1918 (ll of 1918), Repeal of the Cinein so far as it relates fo matters other than the sanctioning matonren 7 of cinematogr aph films for exhibition, 1s hereby repealee - hat any appointment, notification, order, de or issued under the form oF by-law, made, 1 far it 1s not inconsisten t 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 issued under the provisions o f is Act, unless and until it i superse ed by any AE pone notification, OFC’ >. cheme, le, for y-la or issued under (is Act. —— Phe rules have framed, — vide Punjab Government notification No. 8279-H- the 14th Qcleee N G.S.R. 132 dated the 13th §2/1253, dated : aInserted by anuary, 1970. {by Parjae AxtN b3yystiga ld sap citu’?
Governmen t oO = ULUDUDULU UE