THE UTTAR PRADESH CINEMAS (REGULATION) ACT, 1955* (CU. p. Acr No. 3 or 1956) Authoritative English Text of the Uttar Pradesh hal Chitra (Viniyaman) Adhiniy.m, 1955] AN ACT ‘6 male provisions for regulating exhibitions by means of cimemalogry phs \VnEREAS it is expedient to make provisions fr regulating exl ibitions by means of cinematographs in the State of Uttar Pradesh ;
It is hereby enacted ax follows :
Thi Ltr 3 . Utter . Sh rt itle,
1. This Act may be called the Uttar Pradesh on oa co.
Cinco: a (Regulation ) Act. 1955. meneement.
(2) It shall extend to the whole of Uttar Pradesh.
(3) 11 shall come into force on such date as the <¢ate Gov rnment may, by no ification in tle official Ga-elte, .ppoimt.
> Tn this Act, unless ther isanything repugnant — pofinitions, in tie subject or context, —
(a) “einematograph’’ neludes any apparatus for the representat on of movng pictures cr sercs of petures ; - .
(b) ‘oceupier’ includes @ nanaging agent or ot: er person -uhorized to represe t the cecupier or having charze, management or control of the place n his behalf :
* For statement of Objects and Reasons, plase sc U. P. Gazette, Axtracotdinary. dated Dec mber 15, 19054.
+Passed in Hindi by the Uttar Pradesh Legislativ« Council on p-cember 23, 1954, ind by the Uttar Pradesh Legislative Assembly on December 12, 1955.
Receiv ad the assent of the Governor on Januar y 10, 1958, under article 20) of the Constitution of iidia and was published in the J. P.
Gazette, Hetraordinaty, dited Jannary 23, 1956.
blished in the U. P. Gazette, Extraordinary, dated January 23, }5- Cinemutograph exhibitions to be licensed.
Licensing authority, Restrigtions on the powers of licensing authorisy.
o ( = )
(c) “owner? used with reference to any place includes any person receiving or entitled to receive the rent from the occupier ;
(d) ‘‘place” ineludes a house, building, tent of other struc‘ure and any description of transport whatsoever ;
(e) ‘‘preseribed” means prescribed by rules made under this Act ; and
(f) “State Government’ means the Government of Uttar Pradesh.
3. Save as otherwise provided in this Act, no person shall give an eahibition by means of a cinematograph elsewhere than in a place licensed under this Act or otherwise than in compliance, with conditions and restrictions imposed by such lie-nee.
4. The authority having power to grant licence under this Act (hereinafter refe: red to as the licensing authority) shall be the District Magistrate :
und
5.
er this Act unless it is satisfied that—
Provided that tle State Government may, by notification in the otficial Gazette, constitute, for the whole or any part of the State, such other authority as it may specify in the notification to be the licensing authority for the purposcs of this Act.
(1) The licensing authority shall not grant a licence
(a) the rules made under this Act have been substantially complied with, and ( 3)
(az) the building or other places in which einemalograph exhibition pro; osed to be given
(i) is situated at adistanee of not less than 200 metres from the Raj Bhawan, the State Government Secretariat, the High Court. the State Puble Serviee Commission or the Board of Revenue ;
(i is situated at such minimum distance is may be preseribed from other publie buildings and from recognized «dueational and ot!.er publie imsciitut-ons ond public hospitals ;
ill) is not situated in a locality whieh is exclusively vesidential in character or is reserved excl sively for residential purposes ; and
(b) adequate preccutions have been taken in the place, iD respect of which the | cence 5 to be vive:
to provide for the safety of persons attending exhibitions therein.
(°) the grant of licence is not otherwise contrary to the public interest.
Explanation —(1 Different minimum distances may be prescribed under sub clause (ii) of clause (aa) in relation to diferent classes ©! publie buildi: gs, institutions and hospitals.
(2) For purposes of clause (aa) the distance shall be measured from the outer boundary «f the c¢ mpound of the cinema building to th outer boundary of the compound, if avy, of the otier building ment oned in that clause.
(2) Subject to the foreg ing provisions of this section and to the control of the State Government and the interests of the general public, the licensing «authority mav grant licenses under t! is Aet on such terms and conditions and subject to such restrictions as it may detsrmine and on payment of sucl, tees as may he prescribed.
(3) Any person grieved by the decision of « Teensm . . . . ‘ g lhance , thy 4 .
altbority refusing to gra a lhence uncer this Aet 1 a> ( 4) [#h° ~ : * 8 within such time as may be preseri’ ed, appeal to the Sts Government and the State Government may make su.
order in the case asit thinks @r.
_# The State Government may, from time to time, issue directions to licensees gener: lly or to sny licensee in particular or the purpose .f reculating the exhibition of ony film or class of films, so that scientific films, films intended for educational purposes, films dealing with news and current events, docimentary films or indigenous films secure an adequate opportunity of being exh bitted nd where any such directions have bee™ issued. those directions shall, be deemed to | e additio.al conditions and restrictions subject to which the lice ce has been gran‘ed.
6. (1) The State Government. in respect of the whole of the State of Tt:ar Pr desh or any part thereof.
andthe District Macistrate in respect of the district within his juri-diction. may i: it or he. as the case may be. is of opinion that apy film which is being pub icly exhibited. is likely to caus a reach of the peace. by order. suspend the exhibitio of the films and thereupon -he films shall rot during such suspension be exhibited n the State, part or the district concerned. notwithstandire the cerificate gr-ned under the Cin-m iograph Act. 1952.
2) Where an order under sub-section (1) has b District Magistrate or any other lice sing acthoritr not being the Sta-e (,overnment. a copy ther-of -ogether with a statement of reasons thereo? shall forthwith he for. arded by him cr it to th. S-ate Government : Lar L- aechar et TderT.
which may et +! confirm or discharge the ord “b o cr 9 u € 18' s '
(3) An order of suspension made und«r this section hail remain nm force for a period of two moxths from the date thereof. but the Stace Governm -t may. if it i 5 eatin that the order should contmue in force. direct £ su a ; 5 fa hat the suspension shall be extended by such further period as it thinks fit.
{5 ) Act 7 C) Notwithstandin g anything contained in this Power to cancel ct, where a licence has been granted under section 5. anieeraxe a it may be cancelled or revoked in the public interest :
(i) by the State Government, where the licence was granted by the Government or by the licensing suthority :
(ii) by the licensing authority. where the licence was granted by such authorit) (1-A) In particular and w thout prejudice to the generality of the Power c mferred by sub-section (1). @ licence may be cancelled or revoked under that sub-section on any of the following grounds, namely :
(a) that the licence » as obtained through fraud or misappropriation ; or
(b) that the licensin. authority or the State Government while considering the application or appeal, as the cas» may be, under section 5 was under a mistake as to a matter essent ial to the question of grant or refusal of licence ; oF
(c) that the licensee has been guilty of breach of the provisions of this Act or the rules male thereunder or any conditions or restrictions contained in the licenve, OF any direction issued under sub-section (4) of section 5; or
(d) thet on jceount of any change oceurring in the situation of the place licensed, the continuance of the licence is cons dered prejudi ial io decency or morality ; 0°
(c) that the licensee has been onvicted of any offence under cection 8 of this Act or section 7 f Cinematograph Act, 1952 ;
(2) Where the State Government or the licensing authority is of the opinion that a licenc: granted uncer 2 a section 5 should be eancelled or revoked ; it shall, . .1 * } . a soon as may be, communicate to the licens ¢ th’ grounds wn Penalties contravention of the Act.
for ( 6 ) on Which the action is proposed t» be take. and shall afford him a@ reasoialle opportunity o. making @ representatiog; avainst it.
_ Prov ded that wher the State Goverment or tle licensing authority as the case may be, is further of the opinion that the o'jeci of the action proposed to be taken would be defeated by ce’ay. It may, while or after eoinm nicating to the licensec, as aforesaid, the grounds on which the action is proposed, pass an Interim order susp nding the licence in ‘he meantime.
(3) Tf after considering the representatio:, the State Governinent or the licensing authoriiy. as the cause may be, is satisfied that the licence should be cancelled or revoked, it may make an ord » accordingly and _ shall communicate it to the licensee stating in writing the grounds therefor.
(4) Where the order -uspending a licence under the proviso to sub sec‘ion (%) or cancelling or revoking it under sub- ection (3) has been passed by t!.e licensing autiority, any person aggrieved by ‘the order may within thirty days of the communication of such order to him, appeal to the State Government which miy pass such order as is may think fit.
(5) The orde- of the State ‘‘overnment shall be final.
e Jf the owner or person incharge of. cinema/‘ograph uscs the same or allows it to be used, or if the owner or occupier of a place p tmits that place to be us din contravention of the provisions of this Act or of the rules ma ‘e thereunder, and of the conditions and restrictions upon or subject to which licence has been granted under this Act, he shall be punishable with fine which may extent to one thousand rupees and in the case of continuing offence with a further fine which may extend to five hundred rupees for each day during which the offenee continues.
\ ‘ 1) If tc person committing any {fence under 4 his let ig a company, every pe:son wlio al the time -» ofence was committed was in charge of, and was -sponsible to he .ompany for the conduct of the ness of the company, as wel! as the c mpany shall siness ve deemed to be guilty of the offence and shal be liable ro be proceeded against and punished accordingly.
Provided that not!ing e ntained in this sub-s ction hall r-uder ony such person liable to any punishment if proves that the offenc’ was co mitted without his <nowledge o that he exercised all due diligence to pr-ven* the commiss on of such offence.
= ow 2) Notwithstanding anyt!ing contained in s'btion (1) were an offence under this Act has heen “committed by company and it is proved that the =e ce has been committed with the consent or connicanes of. 0. is attributeble to any neglect on the part of any director or manazer, secr-tary or other officer of the company. such direct T, manager, secretary or other cer shal] also be deemed to be guilty of that offence » shall be liable to be. proceeded agvinst and punished ceordingly.
.
& ‘anation —For the purpose of this section— iw, ELDG :) “company” mens any body corporate and ludesa firm or other association of individuals ;
4) “director” in relation to a firm means a sartner in the firm.
10. TheState Government may, in the interest of tae general public or any section thereof, by order in Writing and stating the reas ns therefor, exempt, subject to such condition: and restrictions as it may impose, any “Mematogr aph exhibition or class of exhibitions from any of the provisions of this Aet or any rules made thereunder.
Offences bw Companics.
Power ta exempt, ( 8 ) pueson aes 11. (1) No suit, prosecution or other legal proceeding under the At. shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act or the rules made thereunder.
(2) No suit or legal prcoeceding shall lie against the State Government for any damage caused are likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made Or deemed to be made under the Act or rules made thereunder.
Repeal Act cf 12. (1) The Cinematograph Act, 1918 in so far ag it ivis, relates to the matters other than the sanctioning of cinematograph films for exhibition, is hereby repealed in its application to the State of Uttar Pradesh.
Act Il of 1918. (2) Any rule or order. made under the Cin -mitograph Act, 1918 and in force immediately before the commencement of this Act. shall continue in foree and be deemed to be a rule or order made under this Act: and al appointments made, licences granted,’ conditions or restrictions imposed and directions issued under any such rule or order and in force immediately before such comm-neement shall likewise continue in feree and be deemed to be mice, granted, imposed or issued in purs ane of this Act.
Power to make 13. (1) [he State Government may make rules ules for purpose of carrying the provisions of this Act into effect.
(2) In particular ond without prejudice to the generality of the foregoing power, rules made under this Act may }rovide—
(a) for the situation and regulation of the pl. ces at which and the conditions subject to whieh cin-- matograph exhibitions may be d'splaye! ;