The PUNJAB CINEMAS (REGULATION) ACT, 1952

LLaatteessttLLaawwss..ccoomm LLaatteessttLLaawwss..ccoomm Bare Acts & Rules Free Downloadable Formats Hello Good People ! saLaL THE PUNJAB CINEMAS (REGULATION) ACT, 1952 (PUNJABA CT l IOF 1952) TABLE OF CONTENTS Sections. 1. Short ride, extent and commencement. 2. Definitions. 3. Cinematograph exhibi~ion1 0 be ljcenscd. 4. Lictnsiiig au~hority. 5. Restrictions on powers of licensing au~horjty. 6. Powers of Government or local authority LO suspend exhibiuon oC films LatestLaws.com in certain cases. 7. Penalties. LatestLaws.com 7A. Amendment or alteration in classification of seals and rates by the licensee. 7B. Power of Government to amend or alter rales for admission 10 cinemarograph exhibi~ion. 7C. Penalty for re-salt of tickets and cognizance of offence. 8. Powcr to suspend, cancel or revoke licence. SA. Restoralion of certain cancelled licences on payment of penaI~y. 9. Power to make rules. 10. Powcr 10 cxempt. 1I . Repeal of the Cinemalograph Act, 1918. 1952 : Pb. Act 111 CINEMAS (REGULATION) 345 'THE PUNJAB CINEMAS (REGULATION) ACT, 1952 PUNJAABC TN O. 1 1 OF 1952 [Received rJle assent ofthe Governor of P~rlzjubo n tlre Idtli of August, 1952, altd was first published in the Ptuljab Government Gazerre (Extraordinary), of the 19th August, 1952 - - 3 4 .. . I Year NO. Short title Whelher repealed or olhemisc affexted by legislation The Punjab Cinemas Amended by Punjab Act 6 of 19S2. (Regulalion) Extended to [he territories. which Act. 1952. immediately before h e I st November, 1956, were comprised in the Stale of Paliala and East Punjab States Union by Punjab ACI 5 of 1957. Amended by Punjab Act 28 of 1957.j LLaatteessttLLAmcaandedw wby Punssjab .A.ccic 4 ofo o1963mm.' Amended by Haryana Adapralion of Laws Order, 1968.5 Amended by Haryana Act 5 of 1968: , Amended by Haryana Act 21 of 1969.' Amended by Haryana Act 12 of 1982.8 Amended by Haryana Acl 13 of 1985: 1. For st arc men^ of Objecls and Reasons, see Prrrrjab Governr~~enGta zelle (Exbaordinary). dated 22nd July, 1953, pages 659-60; For proceedings in the Asscmbly , see Punjab Lcgisla~iveA ssembly Dcbates, 15152. Volume 2, pp (30) . 8-(30)28 2. For Stalement of Objccls and Rcasuns, scc Ptrtrjab Goverrtnlelit Gazctrc Extraordinary), 1955,p age 145. 3. 'For St:ltcmcnt of Objects and Reasons, see Pur~jnbG oven~mcrrtG azette (Exrraordinary), 1957, page 1690. 4. For Srnternenl of Objccls and Hcasons, see Punjnb Governrrle~~Gta zerre (Extraordinary), 1963, page 208. 5. For Staternem of Objects and Reasons, see P~rnjubG ovenrr?letir Gazerre (Extraordinary), 1968, page 362. - 6. See Hnryano Govertrmenr Gazette (Extra). daled 29th October. 1968, page 53 I. 7. For Stalcrncn t of Objects and Rcasons, see Ptrr~jnbG ovcrtlnle~llG azerre (Extraordinary), 1969. page 59. - 8. For Slalement of Objecls and Reasons, see Harynrro Go~)enlr~~eGrnr:re f[c (Exlraordinary). dated the 16-3- 1982 page 312. 9. For Sratcmcnr of Objects and Rcasi~nh.s ee Hnrjn~inG 'O~~~I~ G I a I ze I r I re I EJ~~ (Ex~rwrdinary)d, aled the 26-8- 1955. page 1620. 346 C~NEMAS(R EGULATION) [I952 : Pb. Act 11 An Act to make provision for regulating exhibitions by means of cinematographs in the l[llaryana] . It is hereby enacted as foIlows :- Short iilte, 1. (1) This Act may be called r he Punjab Cinemas (Regulation) extenr and Act, 1952. corn rncnce- menl. (2) Itextends tothewholeof thcstateof lwaryana]. (3) It shall be deemed to have come into force on 28th of July 1952 '[in the principal territories and on the 3rd April, 1957, in the transferred territories.] Definitions. 2. In this Act, unless the context otherwise requires,- (a) "Cinematograph" includes any apparatus for the rep- resentation of moving pictures or series of pictures; (b) "Government" means the Government of the 3[S tate of Haryana] LLaatteessttLLaawwss..ccoomm (c) "place" includes a house, building, tent and any description of transport, whethcr by sea, land, or air ; (d) "prescribed" means prescribed by rules made under this Act. Cinematograph 3. Save as othenvise provided in this Act, no person shall give exhibition LO an exhibition, by means of a cinematograph, elsewhere than in a place be licensed- licensed under this Act or otherwise than in compliance with any condition and restriction imposed by such licence. Licensing 4. The authority having power to grant licences under this ACL authority. (hereinafter referred to as rhe 'licensing authority'), shall be thc District Magi s trace : Provided that the Government may, by notification in h eo fficial Gazette, constitute for the whole or any part of the State, such other authority as ir may specify therein, to be [he licensing authority for the purposcs of ths Act. 1. Subs~itu~e[dor thc word, 'Punjab' by thc Iiaryana Adaptation of Laws Order, 1968. 2 . Adklbyibid. , 3. Subsirrutzd Ibr the rvords "Sta~co f Punjab by ibid. 5. ( I ) The licensing authority shall not grant a licence under Restrictions this Act unless it is satisfied that- on powcrs of licensing (a) the rules made under this Act have bcen complied with ; a,,lhoriry, and (b) adequate precautions have been taken in the place, in respect of which the licence is to be given to provide for the safety of the persons attending exhibitions therein. '(2) Subject to the foregoing provisions of this section and to the contrbl of the Government, the licensing authority may grant licences under ihis"~ctt o such persons as it thinks fit, on such terms and . . - , conditions'a s it may determine : 'provided that it shall be deemed to be a condition of every licence whether granted before or after the commencement of the Punjab Cinemas (~e~ulatioHna) ryana Amendment Act, 1968, that if a licensee fails, without sufficient cause, to give exhibition, by means of a cinematograph, for a period of fifteen days in a month whether LLaatteessttLLaawwss..ccoomm consecutively or othe-wise. his licence shall be liable to concellation under clause (b)' of sub-section (1) of section 8.1- (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 Governmen1 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 LO 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 condi [ions subject to-w hich the licence has been 6. (1) The ~overrhnenitn respect of the whole of the *[State of Power of Haryana] or any part thereof, and the District Magistrate, in respect of G , ove rnmen' Or local authority the district whithin his jurisdiction, may, if it or he, as the cas.e. m.a y be, suspend . is of opinion that any film which is being publicly exhibitcd is likely of to causc a breach of the peace, by ordcr, suspend the exhibition of the Films in ccriain I. Provisio to sub-section (1)o f scction 5 inserted by Haryana Acl 5 of 1968. cases- 2. Subsritu~edf or the ivords "Statc nf Punjab" by theMaryana Adaprarion ul'Laws Order. 1968. 348 CINEMAS (REGULATION) [I952 : Pb. Act 1 l film and during such suspension tho film shall be deemed to be uncenified film in the State, part of the State or district, as the case may be. (2) Where an order under sub-section (I) has been issued by ; a District Magistrate, a copy [hereof, together with a statement of reasons therefor shall forthwith be forwarded by the District Magistate to the Government, and the Government may either confirm or rescind 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 Govemment 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. Penalty. l[7. (1) If the owner or person incharge 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 LLof thaais Atctt eeor osfs thett ruLLles maaadeww theressunde..r,cc or ooof themm conditions upon, or subject to. which any licence has been granted under this Act, the licensing authority may, after affording such owner or person, as the . case may be, an opportunity of being heard, direct him to pay by way of penalty a sum not exceeding one thousand rupees and, if thc breach is a continuing one, to pay a further penalty not exceeding one hundred rupees for every day after the first during which the breach continues. (2) Any person aggrieved by an order passed by the licensing authority under sub-section (I) may, within a period of thirty days from the date of communication to him of such order, prefer an appeal to the Government and the Government shall, thereupon, pass such order as it may think fit after affording a reasonable opportunity to the parties affected thereby of being heard.] Amendment or 77A. (1) The licensee shall adhere to classification of seats and alteration in the rates for admission to the cinematograph cxhibition as approved classificatiun by the licensing authority and shall not amend or alter the same without of seats and the written approval of thc licensing authority. rates for admission by (2) If the licensee intends to increase the rates for admission [he licensees. to cinematograph exhibition, he shall make an application in wriung to the licensing authority stating the reasons therefor, at least seven I. Subs~itutedb y Haryana Acr 12 of 1982. 2. Sub-scctions (7A), (7B). (7C), inscrled by Haryana Acr 21 of 1969. 1952 : Pb. Act 11 ] CINEMAS (REGULATION) 349 days before the date on which it j s proposed to give effect LO the increase in such rates. (3) If the licensing authority is satisfied that the increase in the rates for admission to the cinematograph exhibition will not unreasonably affect the purchaser of the ci nemacograph exhibition tickets, it may, for masons to be recorded in writing grant the approval for such increase : Provided that such approval shall not be granted by the licensing authority more than twice a year. (4) Any person aggrived by the decision of the licensing authority under sub-section (3)m ay, within such time as may beprescribed, appeal to the Government and the Government may make such order in the case as it thinks fit. 7B. If the Government is of opinion that it is necessary or expedient Power of so to do in the public interest, it may, by order, for reasons to be recorded Govcrnmcnt to LLaatteessttLLaawwss..ccoomm in writing, amend or alter the rates for admission to the cinematograph award or 'lter rates for exhibition and the licensee shall comply with such order accordingly. cinematograph , , cx hibit ion. 7C. (1) No~withstandinga nything contained in section 56 of the Pcnalty for Indian Easements Act, 1882, a ticket for admission to a cinematograph of tickers and cognizance exhibition shall not be re-sold for porfit by the purchaser thereof, ofaffcnces, (2) Whoever re-sells any ticket for admission to a cinematograph exhi bition for profit shall be punishable with fine which may extend to twn hundred rupees. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1 898, an offence under ths section shall be deemed to be cognizable within the meaning of that Code.] '[8. (1) Notwithstanding anything contained in this Act, the State pow, 1 , Govemmen~o r the licensing authority may at any time suspend, cancel suspend, cancel or revoke a licence granted under section 5 on one or more of the following rev~kc Or licence. grounds, namely :- (a) the licence was obtained through fraud or misiep- resentation ; 1. Substirutcd for seclion 8 by Funjab Act 6 oC 1955. swlion 2, CINEMAS (REGULATION) 11952 :P b. Act 11 (h) the licensee has committed a breach of any of the I prpvisiqns of this Act or rules made thereunder or of ! any condition or reshic tion contained in the ,licence, I or of any direction issued under sub-sectioq (4) of . scction 5 ; . . (c) on account of any changes occuring in the Iodality of ,the place licensed, the continuance of the Gcence 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 Cinema- tograph Acl, 1952 (37 of 1952) ; '[(el h el icensee has been penalised for not less than three times under section 15 of the Punjab Entertainments Duty Act, a5 ;] LLaatteessttLLaawwss..ccoomm (2) Where the Government or the licensing authority is of heo pinion that a licence granted under section 5 should be suspended, cancelled or revoked, it shall, as soon as may be, communicated 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 opportunily, the Government or the licensing authority, as thc case may be, is satisfied that the licence . should be suspended, cancelled or revoked it shall record an order s~andingt herein the ground or grounds on which the order is made, and shall communicate Ihe 'same to the licensee in writing, (4) Whcrc the order suspending, cancelling or revoking a licence under sub-section (3)h as been passed by a licensing authority, any person aggrieved by order may, within thirty days of the I. Clauscs (e), (I] and (g) inserted by Punjab Arr 4 of 1963. 7. Ornirirld by IIaryana Acr 13 ol 1985. . ..- : communication of SL :h order to him, prefer an appeal to Sovernment which rnay pass suct: order as it thinks fi~. (5) The order of the Government shall be final.] '[8A. Where c. licence is cancelled under clause (b)o ~sfu b-section Restoration (I) of section 8 for a breach of the condi tian of the licence specifed in certain ihe proviso to sub-section (2) of section 5, the licensing authority may, Iicences on on an application made to it by the person whose licence is cancelled, of restore the licence if such a person pays to the licensing authority, for each day on which the licensee failed to give exhi bition by means of a cinematograph, including the days referred to in the said proviso, such penalty, which may extend to twice the amount of the daily average, as may be determined by the licensing authority. Explanation :- For the purposes of this secrion, the expression "the amount of the daily average" means the amount which is arrived at after dividing the aggregate amount of entertainment duty and entertainment tax per s h ~ wpa id or payable by the person whose licence is cancelled foLLr 2 aaperiottde eof fssifteettn LLdaysaa nexwwt precssedin..g cctheo odatemm on which such person first failed to give exhibition by means of a cinematograph, by the number fifteen.] 9. The Government may, by notification in the official Gazette, Power 10 m&c make rules- rules. (a) prescribing the terms, conditions and restriction, if any, subject lo which Iiences may he granted under this Act; (b) providing for rhe regulation of cinematograph exhibitions for securing the public liafety; (c) prescribing the time within which a,ld the conditions subject to which an appeal under sub-section (3) of scction 5 '[and sub-section (4) of section 7A J may be preferred. 10. The Government may, by order in writing, exempt, subject Power to to such conditions as it may impose, any cinematograph exhibition or exemp'- class of cinemalograph exhibitions as also the premi2es or site used or 1. Seclion 8 P. inserted by Haryana Aa 5 of 1968. 2. The words "and sub-section (3) of seclion 7A" inserted by Ilaryann Act 21 of 1969. 3. Subslitured for section 10 by Punjab Act 28 of 1957. 352 CINEMAS (REGULATION) [I952 : Pb. Act 11 intended to be used for cinematograph exhibition from any of the provisions of this Act or of any rules made thereunder.] RepeaI of the 11. The Cinematograph Act, 1918 (I1 of 1918), in so far as it Cinemalograph relates to matters other' than the sanctioning of cinematograph films Act. Ig18- for exhibition, is hereby repealed : Provided that any appointment, notification, order, scheme, rule, foml or by-law made or issued under the repealed Act, shall, so far as it is not inconsistent with the provisions of rhis Act, continue in force and be deemcd to have been made or issued under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form by-law made or issued under 07 this Act. LLaatteessttLLaawwss..ccoomm