The Gujarat Cinemas (Regulation) Act, 2004

REGISTERED NO. GlGNR/T ExtraNo. 23 © Miami @112 (Miami (Enuzrnmmt fiagntte EXTRAORDINARY PUBLISHED BY AUTHORITY FRIDAY;JUNE 18,2004/JYAISTHA 28,1926 VOLXLV] L r Separatemtsgivmtnth‘nhflinonlerthatit may billed as I Seplnte Compilation. PART - IV Acts oftheGu , jaratLegislatureandOrdinancespromulgated andRegulationsmadeby the Governon The following Act of the Gujarat Legislature. having been assented to by the Governor on the 17‘h June 2004 is hereby publi'shed for general , information, s. s. PARMAR, Secretary to the Government of Gujarat, Legi.slati‘ve and Parliamentary Affairs Department. GUJARAT ACT NOt 21 OF 2004. (First published, after having received the assent ofthe Governor in the “Gu1arat Government Gazette". on the 18‘h June, 2004). AN ACT toprovideforregulating-exhibitionsbymeansofcinematographsandthe licensingofplacesinwhichcinematographfilmsareexhibitedintheState ofGujarat WHEREAS it is expedient to provide for regulating exhibitions by means of cinematographs and the licensing at places in which cinematograph films are exhibited in the State at Gujarat; it is hereby enacted in the Fltty-tiith Year of the Republic ot India astollows:-- 1. (1) This Act may be called the Gujarat Cinemas (Regulati.on) grammeand Act, 2004‘ (2) It extendsto thewholeot the State of Gujarat. toL») to GUJARATGOVERNMENTGAZETTE.EX. 1876-2004 [PART 1V 2. in this Act, unless thereis anything repugnant in the subject or Definitions. context, - (a) “cinematograph; includes any apparatus for the representation, moving pictures orseries ol pictures; (b ) ”licensing authority“ means the authority empowered to grant licences undersection 4; (c) "place” includes a house, building, tent and any description 0! transport, whether bysea, land orair; (d) "prescribed" means prescribed by rules made under this Act. Clnematograph 3. Save as otherwise provided in this Act, no person shall give an exhibitionsto exhibition by means of a cinematograph elsewhere than in a place belicensed. licensed under this Act or otherwise than in compliance with any conditions and restrictions imposed by such lincence. Licensing 4. The authority having power to grant licences under this Act shall authority. be- (r) in areas for which a Commissioner of Police is appointed Bom.XXll of under section 7 of the Bombay Police Act, 1951, such Commissioner; 1951. and (ii) elsewhere, the District Magistrate: Provided that the State Government may. by notification in the Official Gazette constitutetorthe whole or any part ofthe State 01 Gujarat such other authority as it may specify in the notification to be the licensing authority forthe purposes of this Act Restriction 5. (1) The licensing authority shall not grant a Ilncence under this on powersof Act, unless it is satisfied that - llcenslng authority. (a) the rules made underthis Act have been substantially complied with, 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 at persons attending exhibition therein. to (2) Subject to the provisions of sub—section (1), and the control V. ofthe State Government, the licensing authority maygrantlicences PART [V GUJARATGOVERNMENTGAZETTE,EX. 18-62004 under this Act to such persons as that authority thinks tit and on payment of such tees and on such terms and conditions and subject to such restrictions as may be prescribed (3) The State Government may, irom time to time, issue directions to licensees generally or to any lincensee in particular tor the purpose ol regulating the exhibition ot anyfilm or class offilms so that scientific films, lilms intended for educational purposes, films dealing with news and current events, documentary films or indigenous iilms secure, an adequate opportunity oi being exhibited, and where any such directions have been issued, those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted. 6. (1) The State Government, in respect of the whole of the State of PoweratState Governmentor Gujarat or any part thereof, orthe licensing authority, in respectof the licensing area within its jurisdiction, may, if it is of the opinion that any film authorityto which is being publicly exhibited is likely to cause a breach of the suspend public order, by order, suspend the exhibition of the iiirn and during exhibition oi such suspension, such film shail be deemed to be an uncertltied film lllms . In certaincases. in the areaspecilied in the order. (2) When an order under sub-section (1) has been issued by the licensing authority, a copy thereof together'with a statement of reasons therefor, shall forthwith be fonivarded by the licensing authority to the State Government and the State Government may eitherconlirm or annul the order. (3) An order made under sub-section (1) shall. unless it is annulled by the State Government under sub-section (2), remain in force for a period of two months from the date thereof but the State Government may, it it is at the opinion that the order should contintie in force, extend the period of suspension lrom time to time for such further period as itthinkstil. Penaltiestor 7. ii the owner or person in charge of a cinematograph uses the contravention same or allows it to be used, or ifthe owner or occupier at any place 01Act. permits that place to be used, in contravention oi the provisions oi this Act or oi the rules made thereunder, or ot the conditions and restrictions upon or subject to which any licence has been granted under this Act or ii the owner or persons in charge of a cinematograph contravenes any at the conditions or restrictions imposed by an order oi exemption made under section 13, he shall on conviction, be punished with line which may extend to one thousand rupees and in the case ot a continuing offence with- a lunhertine which may extendtoone hundred rupeestor each day GUJARATGOVERNMENTGAZETTE.EX. 1811—2004 [PART [V during which the offence continues after conviction for the first such offence. ' Powerto 8. In the event of any contravention by the holder of a licence of revokeor any of the provisions of this Act or the rules made thereunder or of suspend any of the conditions or restrictions upon or subject to which the licence. licence has been granted to him under this Act or of any of the conditions or restrictions imposed. by an order of exemption made under section 13, or in the event of his conviction of an offence under section 7 ofthis Act or section 7 cf the Cinematograph Act, 1952, the XXXVI! M1952. licensing authority may revoke the licence or suspend it for such , period as it maythink tit: Provided that no licence shall be revoked or suspended unless the holder thereof has been given reasonable opportunity to show cause. Appeal. 9. Any person aggrieved by an order of a licensing authority refusing to grant a licence. or revoking or suspending any licence under section a, may within such period as may be prescribed, appeal to the State Government and the State Government shall, on such appeal make such order as it thinks just and proper, and such order shall, subject to provisions of sections 10 and 11, befinal. Revision. 10. (1) The State Government may either of its own motion, or upon an application by an aggrieved person made within such period as may be prescribed, call for and examine the record of any order made by licensing authority under this Act, and pass such order thereon as itthinksjust and proper. (2) The State Government shall - (i) before passing any order under sub-section (1), which is likely to affect any person adversely, give such persons a reasonable opportunity of being heard, and (ii) record its reasons for passing an order underthe said sub- section 11. Any person who, considering himself aggrieved by an order of Review, the State Government under section 9 or 10, desires to obtain a review of the order passed against him, on the ground of some mistake or error apparent on the face of the record or on the ground that some new tact has been discovered which could not be placed earlier before the licensing authority or the State Government inspite of due diligence on the part of such person, may, within such period PART IV GUJARATGOVERNMENTGAZETTE,EX. 186-2004 23-5 as may be prescribed, apply for a review of the order to the State Government and the State Govemment shall. after making such inquiry as it thinks fit. pass such order as it considers necessary in the circumstances of the case. ‘ 12. (1) The State Government may by notification in the Official Powerto Gazette, make rules for the purpose of carrying into effect the makemles- provisions ofthis Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a) prescribing the procedure in accordance with which a licence may be obtained and the terms, conditions and restrictions, it any, subject to which licences may be granted underthis Act and feesfor such licences; (b) prescribing the period within which an appeal.under section 9 or a revision application under section 10 ora review application under section 11 may be made; cinematograph exhibitions (0). providing for the regulationof - for securing public safety; (d) regulating the means~ of entrance and exit at places licensed under this Act and providing for prevention of disturbance there at; (e) regulating or prohibiting the sale of any ticket or pass for admission by whatever name called to a place licensed under this Act. (3)Inmakingrulesunderthissection,theStateGovernment may providethatanypersonfailingtocomplywithorcontraveningtheprovisions ofanyrulesshall,onconviction,bepunishedwithfinewhichmayextendup toonethousand rupees. (4) The power to make rules under this section shall be subject to the condition of previous publication, (5) All rules made under this section shall be laid for not less than thlrty days Delete the House of the State Legislature as soon as possible after they are made. and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid orthe session immediatelyfollowing. Hb-224~2 GUJARATGOVERNMENTGAZETTE,EX. 18-6-2004 [PART [V (6) Any modifications so made by the State Legislature shall be notified in the Official Gazette, andthereupon shall take effect. 13. The State Government may, by order in writing, exempt, subject Powerto to such conditions and restrictions as it may impose, any exempt. cinematograph exhibition or class of cinematograph exhibitions from any 01 the provisions ofthis Act orof any rules madethereunder. Delegation of 14. The State Government may, subject to such restrictions and powerunder conditions as it may think fit to impose. by notification in the Official section 13. Gazette, delegate to any of its officers the power conferred on it by section 13. 15. (1) The Bombay Cinemas (Regulation) Act, 1953 is hereby Horn. XI01 1953. Repeat and repealed. savings. (2) Notwithstanding such repeal of the said Act, anything done or any action taken (including any rule or order made, notification issued or appointment made) by or under that Act shall, in so far as it Is not inconsistent with the provisions oi this Act. be deemed to have been done or taken by or undervthis Act and shall continue to be in force until superseded by anything done or any action taken under the provisions of this Act. mVERNt/[ENTCENTRAkaesspANDmNAG/‘R-