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Section 8: Power to suspend, cancel or revoke licence

The Himachal Pradesh Cinemas (Regulation) Act, 1979State Act of Himachal Pradesh · Act 4 of 1979

(1) Notwithstanding anything contained in this Act, the 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 misrepresentation;

(b) the licensee has committed a breach of any of the provisions of this Act or the rules made thereunder or of any condition or restriction contained in the licence, or of any direction issued THE HIMACHAL PRADESHCINEMAS (REGULATION) ACT, 1979 4 under sub-section (4) of section 5;

(c) on account of any changes occurring 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 Cinematograph Act, 1952 (37 of 1952) or section 7 of the Punjab Cinemas (Regulation) Act, 1952 (11 of 1952);

(e) the licensee has been convicted for not less than two times of an offence punishable under clause (a) of sub-section (1) of section 18 of the Himachal Pradesh Entertainments Duty Act, 1968 (12 of 1968), or has compounded such offence for not less than two times under section 19 of that Act;

(f) a penalty under section 17 of the Act referred to in clause (e) has been imposed for not less than two times on the licensee.

(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, 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 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 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 revoking a licence under sub-section (3) has been passed by a licensing authority, any person aggrieved by the order 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.

(5) The order of the Government shall be final.

Where this provision sits

ActThe Himachal Pradesh Cinemas (Regulation) Act, 1979
Section8
Marginal notePower to suspend, cancel or revoke licence
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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