(1) The Government in respect of the whole of the State or any part thereof, and the District Collector in respect of any area within the local limits of his jurisdiction may, if it or he is of opinion that any film which is being publicly exhibited likely to cause a breach of the peace, by order, suspend the exhibition of the film, and during such suspension, no person shall exhibit such film or permit it to be exhibited in the State or in such part thereof, or in such area, as the case may be.
(2) Where an order under sub-section (1) has been issued by the District Collector, a copy thereof together with a statement of reasons therefor, shall forthwith be forwarded by him to the Government and the Government may on a consideration of all the facts of the case confirm, modify or cancel 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.
9. 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 and restrictions upon or subject to which any licence has been granted under this Power of Government or District Collector to suspend exhibition of films in certain cases.
Penalties.
[Act No. 4 of 1955] 7 Act, he shall be punishable with fine which may extend to 17[ten thousand rupees], and, in the case of a continuing offence, with a further fine which may extend to 17[two hundred rupees] for each day during which the offence continues.
18[9-A. (1) If the owner or person incharge of a cinematograph exhibition either directly or through any other person,-
(i) sells or allows to be sold, the tickets for admission to cinematograph exhibition at any place other than the licensed under this Act; or
(ii) sells or allows to be sold, such tickets at rates higher than the maximum rates fixed therefor; or
(iii) re-sells or allows to be resold such tickets at rates higher than the maximum rates fixed therefor either at the licensed premises or elsewhere, he shall be punished with simple impriosnment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.
(2) Whoever,-
(a) with a view to re-sell at rates higher than the maximum rates fixed therefor, purchases, or keeps in his possession, the tickets for admission to Cinematograph exhibition in excess of the number normally required for use by his family members and not more than four of his guests; or
17. Substituted by Act No. 15 of 1976.
18. Inserted by Act No. 18 of 1995.
Penalty for black marketing in the sale of tickets for admission to cinematograph exhibition.
8 [Act No. 4 of 1955]
(b) sells or allows to be sold such tickets at rates higher than the maximum rates fixed therefor either at the licensed premises or elsewhere shall be punished with simple impriosnment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.
(3) Notwithstanding anything in the Code of Criminal Procedure, 1973 an offence punishable under the section shall be cognizable.]
10. 19[(1)] Where the holder of a licence has been convicted of an offence under section 7 of the *Cinematograph Act, 1952 (37 of 1952), or section 9 of this Act, the licence may be revoked by the licensing authority.
20[(2) If the licensing authority is satisfised, either on a reference made to it in this behalf or otherwise, that –
(a) a licence granted under this Act has been obtained by misrepresentation or fraud as to an essential fact, or
(b) the licensee has, without reasonable cause failed to comply with any of the provisions of this Act or of the rules made thereunder, or any of the conditions or restrictions upon or subject to, which the licence has been granted, then, without prejudice to any other penalty to which the licensee may be liable under this Act, the licensing # The words ―or suspend‖ inserted after the words ―to revoke‖ by the Act No.3 of 1965.
19. Section 10 renumbered as sub-section (1) of section 10 by Act No.3 of 1965.
* Central Acts 37 of 1952 and 2 of 1918.
20. Sub-sections (2), (3), (4) and (5) added by Act No.3 of 1965.
Power to revoke #[or suspend] licence.
Central Act 2 of 1974.
[Act No. 4 of 1955] 9 authority may, after giving the licensee an opportunity of showing cause, revoke or suspend the licence.
21[(2-A) Where a licence is liable to be revoked or suspended under sub-section (2), the licensing authority may, notwithstanding anything in sub-section (2) and for good and sufficient reasons to be recorded in writing, impose on the licensee a sum not extending rupees ten thousand by way of penalty in lieu of such revocation or suspension.]
(3) Where the licensing authority revokes or suspends any licence under sub-section (2), it shall do so by an order communicated to the licensee giving the reasons in writing for such revocation or suspension.
(4) Any person aggrieved by the decision of the licensing authority revoking or suspending a licence under sub-section (2) 22[or imposing penalty under sub-section (2A)] may, within such time as may be prescribed appeal to the Government, and the Government may make such order as they may think fit.
23[Provided that no appeal against the decision of the licensing authority under 24[sub-section (2-A)] shall be entertained unless the licensee deposits the sum of penalty specified in the decision aforesaid with such authority and in such manner as may be prescribed.]
(5) The Government may stay the execution of any such decision, pending the exercise of their powers under sub-section (4) in respect thereof.]