Save. as otherwise provided in this Act, no person shall give an exhibition | by means of a cinematograph elsewhere than ina place licensed under this Act, or otherwise than in compliance with any conditions. and restrictions imposed by such licence, a # Licensing authority.—The ‘authority hay ing power to grant wes under this Act (hereinafter referred to as the licensing authority) shall bo-~- -
(i) in any area under the administration of a local authority, the executive authority of that local authority:
Provided that in any area under the District Board, where a Panchayat is ty of the Panchayat shall be the lic administration of the Malabar functioning, the executive authoriensing authority; and
(i) in any other area, such author GH) ity a ( . may, by notification, specify in this behalf: 86 the Government may Published & the Gazette Extraordinary dated 17th July, 1958, L I B R A R Y A R C H I V E S Ke ra la Le gi sl at iv e As se mb ly 147
Provided that the Goverment may, by notification, constitute for the whole or any part of the State such other authority as they may specify in the notification to be the licensing authority for the purposes.
of this Act,
5. Restrictions on powers of licensing authority. ~(1) The licensing authority shall, in deciding whether to grant or refuse a licence, have regard to the following matters, namely:-
(a) the interest of the public generally;
. (b) the status and previous experience of the applicant;
(c) the suitability of the place where the cinematograph exhibitions are proposed to be given;
(d) the adequacy of existing places for the exhibition of cinematograph films in the locality;
_ (e) the benefit to any particular locality or localities to bo.
afforded by the opening of a new place of cinematograph exhibition;
(f) the possession by the applicant of other places, if any licensed under this Act, whether in the same locality or elsewhere, and whether at the time of applying for the licence or at any previous time, and shall also take into consideration any representations made by persons already giving cinematograph exhibitions in or near the proposed locality, whether within the jurisdiction of the same local authority or not, or by any police authority within whose jurisdiction’ the place proposed to be licensed is situated or by any association interested in the giving of cinematograph exhibitions. sO
(2) The licensing authority shall not eres a licence unless it is satisfied that—
(a) the rules made under this Act have teen substantially com.
plied with, and
(b) adequate precautions have been taken in the aircon in respect of which the licence is to be granted, to provide for the safety, convenience and comfort of the persons attending exhibitions therein:
Provided that the licensing ‘authority shall, before refusing to grant.
* licence under this Act, give the applicant an opportunity of showing cause against the proposed action.
(3) The licensing authority may, after consideration of the “matters set forth in sub-section (1), limit the number of places in any area in respect of which licences under this Act may be granted. .
L I B R A R Y A R C H I V E S Ke ra la Le gi sl at iv e As se mb ly 148
(4) “The Government may issue such orders and directions of a general character a3 they may consider necessary, in respect of any matter relating to licences for the exhibition of cinematograph films, to licensing authorities; and every licensing authority shall give effect to such orders and directions.
(5) Subject to the foregoing provisions of this section, the licensing authority may grant licences under this Act to such persons and on such terms and conditions and subject to such restrictions as it may determine, = 8
(6) Every licence under this Act shall be personal to the person to whom it is granted and no transfer or assignment thereof, whether absolute or by way of sccurity or otherwise, shall be valid unless approved in writing by the licensing authority,
(7) Any person aggrieved by the decision or order taken or passed by the licensing autbority under this Act may, within such time as may be prescribed, appeal,
(i) where the licensing authority is the executive authority of a local authority, to that local authority; and . (ii) in any other case, to such officer or authority as the Government may, by notification, specify in this behalf.
(8) It shall be conipetent for the District Collector to revise any order passed in appeal under sub-section (7), either of his own motion or on the application of any party aggrieved by the order:
Provided that no order shall be revised under this sub-section without giving an Opportunity to show cause to the party who may be affected by the order,
6. Licensing authority to permit construction and reconstruction of buildings, installation of machinery, etc., for cinematograph exhibitions.— (Q) Any person who intends —_ (#) to useany place for the exhibition of cinematograph films; or - (b) to use any site for constracting a building thereon for the exhibition of cinematograph films; or (¢) to construct or reconstruct an tion; or y building for such exhibi:
(d) to install any machinery in an exhibitions are proposed to be ing to the licensing authority such particulars as may be pres n y place where cinematograph given, shall make an application in writfor permission therefor, together with cribed, and any provision contained in L I B R A R Y A R C H I V E S Ke ra la Le gi sl at iv e A s s e m b l y 149 the enactments specified in the Schedule as in force in any part of the State, or in the rules made under any of them, in so far as it relates toany of the matters specified above, shall not apply to any application made under this section,
(2) The licensing authority shall rereenen after coneulting such authority or officer as may be prescribed, grant or refuse permission.
and the provisions of sections 5,10 and 11 relating to licences shall, so.
far as may be, apply to permission under this section,