UTTAR PRADESH CINEMAS (REGULATIONS) ACT, 1955

UTTAR PRADESH CINEMAS (REGULATIONS) ACT, 1955

Preamble - UTTAR PRADESH CINEMAS (REGULATIONS) ACT, 1955

THE UTTAR PRADESH CINEMAS (REGULATIONS) ACT, 1955 [1]

[Act No. 03 of 1956]

[23rd January, 1956]

PREAMBLE

An Act to make provisions for regulating exhibitions by means of cinematographs.

Whereas it is expedient to make provisions for regulating exhibitions by means of cinematographs in the State of Uttar Pradesh;

It is hereby enacted as follows :

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Uttar Pradesh Cinemas (Regulation) Act, 1955.

(2)     It shall extend to the whole of Uttar Pradesh.

(3)     It shall come into force on such date as the State Government may, by notification in the official Gazette appoint.

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context.--

(a)      "cinematograph" includes any apparatus for the representation of moving pictures or series of pictures;

(b)      "occupier" includes a managing agent or other person authorized to represent the occupier for having charge, management or control of the place on his behalf;

(c)      "owner" used with reference to any place includes any person receiving or entitled to receive the rent from the occupier;

(d)      "place" includes a house, building, tent or other structure and any description of transport whatsoever;

(e)      "prescribed" means prescribed by rules made under this Act,; and

(f)       "State Government" means the Government of Uttar Pradesh.

Section 3 - Cinematograph exhibitions to be licensed

Save as otherwise provided in this Act, no person shall give an exhibition 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 licence.

Section 4 - Licensing authority

The authority having power to grant licence under this Act (hereinafter referred to as the licensing authority) shall be the district magistrate :

Provided that the State Government may, by notification in the of official, 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 purposes of this Act.

Section 5 - Restrictions on the powers of licensing authority

(1)     The licensing authority shall not grant a licence under this Act, unless it is satisfied that?

(a)      the rules made under this Act have been substantially complied with, and

[2] [(aa) the building or other place in which cinematograph exhibition proposed to be given--

(i)       is situated at a distance of not less than 200 metres from the Raj Bhawan, the State Government Secretariat, the High Court, the State Public Service Commission or the Board of Revenue;

(ii)      is situated at such minimum distance as may be prescribed from other public buildings and from recognised educational and other public institutions and public hospitals;

(iii)     is not situated in a locality which is exclusively residential in character or is reserved exclusively for residential purposes; and]

Section 6 - Power of the State Government or District magistrate to suspend exhibition of films in certain cases

(1)     The State Government, in respect of the whole of the State of Uttar Pradesh or any part thereof, and the District Magistrate in respect of the district within his jurisdiction, may, if it or he, as the case may be, is of 'opinion that any films which is being publicly exhibited, is likely to cause a breach of the peace, by order, suspend the exhibition of the films and there upon the films shall not during such suspension be exhibited in the State, part or the district concerned, notwithstanding the certificate granted under the Cinematograph Act, 1952 (Act XXXVI of 1952).

(2)     Where an order under sub-section (1) has been made by a District Magistrate or any other licensing authority not being the State Government, a copy thereof together with a statement of reasons thereof shall forthwith be forwarded by him or it to the State Government which may either confirm or discharge the order.

[3] [Explanation--(1) Different minimum distances may be prescribed under sub-clause (ii) of clause (aa) in relation to different classes of public buildings, institutions and hospitals.

(2) For purposes of clause (aa), the distance shall be measured from the outer boundary of the compound of the cinema building to the outer boundary of the compound, if any, of the other building mentioned in that clause] 

[4] [(c) the grant of licence is not otherwise contrary to the public interest.]

(3) An order of suspension made under this section shall remain in force for a period of two months from the date there-of, but the State Government may, if it is of opinion that the order should continue in force direct that the suspension shall be extended by such further period as it thinks fit.

Section 7 - Power to suspend revoke and cancel a licence

[5] [(1) Notwithstanding anything contained in this Act, where a licence has been granted under section 5, 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 authority;

(ii)      by the licensing authority, where the licence was granted by such authority.

(1-A) In particular and without prejudice to the generality of the power conferred by sub-section (1), a licence may be cancelled or revoked under that sub-section on any of the following grounds, namely:--

(a)      that the licence was obtained through fraud or mis-representation; or

(b)      that the licensing authority or the State Government while considering the application or appeal, as the case may be, under section 5 was under a mistake as to a matter essential to the question of grant or refusal of licence; or

(c)      that the licensee has been guilty of breach of the provisions of this Act or the rules made thereunder or of any conditions or restrictions contained in the licence, or of any direction issued under sub-section (4) of section 5; or

(d)      that on account of any change occurring in the situation of the place licensed, the continuance of the licence is considered prejudicial to decency or morality; or

(e)      that the licensee has been convicted of any offence under section 8 of this Act or section 7 of Cinematograph Act, 1952.]

(2) ??Where the State Government or the licensing authority is of the opinion that a licence granted under section 5 should be [6]XXX cancelled or revoked, it shall as soon as may be, communicate to the licensee the grounds on which the action is proposed to be taken and shall afford him a reasonable opportunity of making a representation against it:

(3) ??If after considering the representation, the State Government or the licensing authority, as the case may be, is satisfied that the licence should be 1XXX, cancelled or revoked, it may make an order accordingly and shall communicate it to the licensee stating in writing the grounds therefor.

(4) ??Where the order has been passed by a licensing authority, any person aggrieved by the order may, within thirty days of the communication of such order to him, appeal to the State Government which may pass such order as it may think fit.

(5) ??The order of the State Government shall be final.

Section 8 - Penalties for contravention of the Act

If the owner or person in charge of a cinematograph uses the same or allows it to be used, or 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, and of the conditions and restrictions upon or subject to which any licence has been granted under this Act, he shall be punishable with fine which may extend to one thousand rupees and, in the case of a continuing offence, with a further fine which may extend to five hundred rupees for each day during which the offence continues.

[7] [Provided that where the State Government or the licensing authority, as the case may be, is further of the opinion that the object of the action proposed to be taken would be defeated by delay, it may, while or after communicating to the licensee, as aforesaid, the grounds on which the action is proposed, pass an interim order suspending the licence in the mean time.]

["suspending licence under the proviso to sub-section (2) or cancelling or revoking it under sub-section (3)"]

Section 9 - Offences by Companies

(1)     If the person committing any offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2)     Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director or manager secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation--For the purposes of this section--

(a)      "company" means any body corporate and includes a firm or other association of individuals; and

(b)      "director" in relation to a firm means a partner in the firm.

Section 10 - Power to exempt

The State Government may in the interests of the general public or any section thereof, by order in writing and stating the reasons therefor, exempt, subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class of exhibitions from any of the provisions of this Act or any rules made thereunder.

Section 11 - Direction of action taken under the Act

(1)     No suit, prosecution or other legal proceeding shall lie against any person for any thing 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 there-under.

(2)     No suit or legal proceeding shall lie against the State Government for any damage caused or 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 this Act or rules made thereunder.

Section 12 - Repeal

(1)     The Cinematograph Act, 1918 (Act II of 1918) in so far as it 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.

(2)     Any [8][subs or order] made under the Cinematograph Act, 1918 (Act II of 1918) and in force immediately before the commencement of this Act, shall continue in force and be deemed to be an [9][subs or order] made under this Act; and all appointments made, licences granted, conditions or restrictions imposed and directions issued under any such [10][subs or order] and in force immediately before such commencement, shall likewise continue in force and be deemed to be made, granted, imposed or issued in pursuance of this Act.

Section 13 - Power to make rules

(1)     The State Government may, [11] XXX make rules for the purpose of carrying the provisions of this Act into effect.

(2)     In particular and without prejudice to the generality of the foregoing power, rules made under this Act may provide?

(a)      for the situation and regulation of the places at which and the conditions subject to which cinematograph exhibitions may be displayed;

(b)      for the fees to be levied or grant and renewal of licences for places and cinematograph exhibition;

(c)      for fees for inspection of places, electrical and other appliances and installations;

(d)      for the terms, conditions and restrictions' subject to which licences a may be granted;

(e)      for inspection of electric appliances and other installations;

(f)       for the period during which and the conditions subject to which an appeal under this Act may be preferred.

[12] [(3) All rules made under this Act shall, as soon as may be after they are made be laid before each House of the State Legislature while it is in session for a total period of thirty days extending in its one session or more than One successive sessions, and shall unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may during the said period agree to make, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there-under."]