The SIKKIM CINEMAS (REGULATION) ACT,1978

SIKKIM ';. . ,. GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED· BY AUTHORITY No. 139 Gangtok, Tuesday, September 26, 1978 LEGISLATIVE DEPARTMENT· NOTIFICATION No. 19/LL/78 Dated Gangtok, the 26th September, 1978. The following Act ofthe Sikkim Legislative Assemblyhaving received the assent of the Governor on 25th day of September, 1978 is hereby published for general information. '-.. . SIKKIM ACT NO. 20 OF 1,978 SIKKIM CINEMAs (REGULATION) ACT, 1978 AN ACT to make provisions for regulating exhibitions bymeansof C;:inematographs in the State of Sikkim. WHEREAS it isexpedient to make provision for regulating exhibitions by means of Cinematographs in the State ofSikkim : is It hereby enacted in the Twenty-ninth year of the Republic of India by the Legislature of Sikkim asfollows;- '-' Short title, I. (I) This Act maybe called the Sikkim Cin~mas(Regulation) Act, 1978. extent & commen- cement. (2) It extends to the whole of Sikkim, (3) It shall come into force on such date as the State Government may, by notification in the OfficialGazette, appoint. Definitions. In this Act, unless'there isanything repugnant in the subject or context;- 2. (a) "Cinematograph" includes any apparatus for the representation of moving pic- tures 01 series ofpictures; (b) "place" includes a house, building, tent, enclosure, open space and any descrip- tion oftransport, whether by land, water or air; (c) "prescribed" meansprescribed by rules made under this Act; (d) "public exhibition" means an exhibition to which persons are admitted on pay-, ment. ' Cinematograph 3. (I) Saveas otherwise provided in this Act no p.ersons all give a public exhi- exhibitions to bition by means of a Cinematograph elsewhere than in a place in respect be licenced \ of which alicence has been granted under this Act or otherwise than in complaince with any' conditions and restrictions imposed by such licence.. (2) The State Government may, ifit considers it necessaryto do so, make an order for regulating exhibitions other than public exhibitions and pre- cribe rules and conditions for the purpose. Licensing Autho- 4. The author ityhavlng power to grant licences (hereinafter referred to ? rity the licensing authority) shall be the District Magistrate within whose jurisdiction the place, where the exhibitions by .means 'of cinematograph are proposed to be.given, is situated: Provided, that the State Government may, by notification in the OffiG~al 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 purpose of this Act. ' - Restrictions on S» (I) The licensing authority shall not grant licences under this Act, unless powers of licen- it is satisfied that - sing authority- (a) the rules made under- this Act have been substantially complied With, and (b) prescribed precautions' have been taken in the place, in respect of which the licence is,to be given, to provide for the safety of persons attending exhibitions therein: . ' Provided that the licensing authority shall, before refusing to grant a licence under this Act, giVethe applicant ail'opportunity of showing cause. (2) Subject to the provisions of this Act and the rules made thereunder, the licensing authority may grant licences under this Act to such persons/as that authority thinks fit and on such terms and conditions and subject to such restrictions as it may determine. . ; , .(3) The State Government may.From time to time, issue directions to licensees generally or, if in the opinion of the State Government circutnstances so justify, to.any licensee in particular, for the purpose of regulating theexhi- bition of any film or class of 111msand in particular the exhibition of scien- tific films, films intended for, educational purposes, films dealing with newS· and Current events, documentary films and where any .such directions have been issued, those directions shall be deemed to be addi- tional conditions and restrictions subject to which the licence has been' granted. (4) Any person aggrieved by the decision of a licensing authority granting or refusing to grant a licence or by any other order of a licensing authority . which is declared by rules made under. this Act to be appealable or by the terms and conditions on which or the restrictions subject to which a li- cence is gra'nted, may, within such time as may be prescribed, appeal to "" I \ the State Government or to such officer as the State Government may specify ,in this behalf, and the State Government or the officer as the case may be, maymake such order in the caseasit or, he thinks fit. Power of the 6. (I) The State Government, in respect of the whole State or any part thereof, State Govern- and the District Magistl'ate in respect of the local area within his juris- ment or District dictiorr may; if it or he is of opinion that any filmwhich is being publicly .Magistrate to exhibited is lik~ly to cause a"bi-each of the peace, by order, suspend the suspend exhibi- exhibition ofthe filmandduring suchsuspension the filmshall not be exhibited tion of films in in the State, part of the State, or local area; as the case may be. certain cases. (2) - When an order under sub-section (I) has been issued by a District Magis- trate, a copy thereof', together with a statement of reasons therefor, shall forthwith be forwarded by the District Magistrate to th~ State Gover- nment, and the State Government may either confirm or annu] ,the order. (3) Any order made un.der sub-section (I) shall, unless it is aimi.dledby the State Government under sub-section (2), remain in force for a-period of two months, but the State Government may, if it is of opinion hat the .order should continue in force, direct that the period ofsuspension shall be extended by such further period as it thiriks fit. " EXTRAORDINARY PUBLISHED BY AUTHORITY--_._----_._-_._- No.9 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOk No. 2/LD/1986. Dated the 25th January, 1986. NOTIFICATION of The following Act of the Sikkim .Legislative Assembly having, received the a~sent the Governor on 21st day of January, 1986, is hereby published for general information:-- THE SIKKIM CINEMAS (REGULATION) AMENDMENT ACT, 1985. (ACT NO.2 OF 1986) AN ACT [21.1.1986] to amend the Sikkim Cinemas (Regulation) Act, 1978 (No. 20 of 1978). Be it enacted by the Legislature of Sikkim in the Thirty-sixth Year of the Republic of India as follows:- Short title, extent 1. (1) ThIS Act' may he called the' Sikkim Cinemas (Regulation) Amend- and conimcncement. ment Act, 1985. (2) It extends to the whole of Sikkim. into (3) It shall come force at once. Amendment of 2. In the Sikkim Cinemas (Regulation) Act, 1978 (hereinafter referred seaton 2. to as the principal Act), in section 2,- (a) in clause (e), after the words 'a film on' and before the words 'screen' the word 'television' shall lyeinserted; (b) after clause (e), the: following clause shall be inserted, namely i-> "(0 'Video Library' means a place, by whatever name called, where the business of selling, letting on hire, distribution, exchange or putting into circulation, in any manner what- soever, of film for purposes of exhibition is carried on." Insertion of new 4. In the principal Act, after section 3, the following section shed! be section 3A. inserted, namely i->- "Video iu rarv to 3A. (l) No person shall keep any Video Library except under and be licensed. ' in accordance with a licence granted undersub-section (1) above. . , 2 (2) Where a person keeps more than one Video Library, whether in the same town or village or in different towns or villages, he shall obtain a separate licence in respect of each Video Library. (3) Every person keeping a Video Library under this Act shall, in respect of each film in his possession, produce when demanded by an officer autborised by Government in this behalf, a letter of consent from the person who is the first owner of the Copyright of the Cinematograph film under section 17 of the Copyright Act, 1957 (Act XIV of 1957) and in case such copyright has been assigned under section 18 of the said Act, from the assignee of such copyright. (4) No person who is granted a licence shall sell, let to hire, distribute, exchange, or put into circulation in any manner whatsoever, any film other than a film which has been certified as suitable for public exhibition by the authority constituted under section 3 of the Cinematograph Act, 1952 (Act 37 of 1952) and which, when exhibited, display the prescribed mark of that authority, and has not been altered or tampered with in any way since such mark was affixed thereto." Amendment of 5. In the principal Act, in section 4, after the words "proposed to be section 4. given" and before the words "is situated", the words "or the Video Library is proposed to be opened" shall be inserted. Amendment of 6. In the principal Act, in section 4A, after the words 'Video exhibition' section 4A. and before the word "shall", the words "and for keeping a Video Library" shall be inserted. Amendment of 7. In the Sikkim Entertainment Tax Act, 1980, after section 3B, the Act No.8 of 1980. following section shall be inserted, namely;- "Power to enter, 3BB. Any officer authorised by the Government in this behalf, by search and seize. notification, may- 8 of 1980. (a) enter, if necessary by force, whether by day or night, with such assistance as he considers necessary, any premises, which he has reason to suspect. are being used for purposes connected-with the exhibition of films on the television screen through Video Cassette Recorder or keeping a Video Library in contravention of the provisions of the Sikkirn Cinemas (Regulation) Act, 1978 20 of 1978. and the rules made thereunder; (b) search the premises and persons whom he may find therein; (c) take into custody and produce before the Magistrate mentioned in section 3C, all such persons as are concerned or against whom a reasonable complaint has been made or credible information has been received or a reasonable complaint has teen received or a reasonable suspicion exists of their having been concerned with the exhibition of film or keeping a Video Library in con- travention of the provisions of the Sikkirn Cinemas (Regulation) 20 of 1978 Act, 1978 and rules made thereunder; (d) seize all things found therein which are intended to be used or reasonably suspected to have been used in connection with such exhibition of film or keeping a Video Library." M. M. RASAILY, Secretary to the Govt. of Sikkim, Law Department. F. No. 16 (65) LD/78. PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK THE SUBSEQUENT AMENDMENTS TO THE SIKKIM CINEMAS (REGULATION) ACT, 1978 (ACT NO. 20 OF 1978) AMENDED AND UPDATED UPTO JANUARY, 1986