Assam Cinemas (Regulation) Act, 1953
No: XIV Dated: May, 26 1953
Amendment:- Assam Cinemas (Regulation Amendment) Act, 1956
The Assam Cinemas (Regulations) Act, 1953
(Assam Act 14 of 1953)
An Act to make provision for regulating exhibitions by means of cinematographs and the licensing of cinemas in the State of Assam
Preamble. - Whereas it is expedient to make provision for regulating exhibitions by means of cinematographs and the licensing of cinemas in the State of Assam;
It is hereby enacted as follows:
1. Short title, extent and commencement. - (1) This Act may be called the Assam Cinemas (Regulations) Act, 1953.
(2) It extends to the whole of Assam
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
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) "place" includes a house, building, tent and any description of transport, whether by river, land or air;
(c) "prescribed" means prescribed by rules made under this Act.
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 any conditions and restrictions imposed by such licence.
4. Licensing authority. - Subject to the provisions of Section 5 the District Magistrate within the jurisdiction of his district or any other authority constituted by the State Government by notification in the Official Gazette (hereinafter referred to as the Licensing Authority) for the whole or any part of the State may grant licences under this Act;
Provided that no licence shall be issued by the Licensing Authority except with the previous approval of the State Government who shall take into consideration all applications for the licence in question and after such consideration may accord its approval to the proposal submitted by the Licensing Authority or direct such authority to grant a licence to any other applicant with or without such conditions as it may deem proper and in such cases such directions shall be deemed to be the previous approval of the State Government.
5. Restrictions on power to 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
(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 persons attending exhibitions therein.
(2) The State Government may, from time to time, issue directions to licences generally or to any licensee in particular, for the purposes of regulation 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, or 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. Power to direct licensee not to exhibit certain films. - (1) The State Government in respect of the whole of the State or any part thereof on the Licensing Authority in respect of the area within its jurisdiction may, if it is of opinion that any film which is being publicly exhibited is likely to cause a breach of the 'peace, by order, suspend the exhibition of the film and during such suspension no person shall exhibit such film in any place in the area specified 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 forwarded by the Licensing Authority to the State Government and the State Government may either confirm or discharge the order
(3) An order made under sub-section (1) shall, unless discharged by the State Government under sub-section (2), remain in force for a period of 2 months from the date thereof but the State Government 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.
7. Penalties for contravention of this Act. - If the owner of person in charge of cinematograph use 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 of this Act and Rules made thereunder or of the conditions and restrictions upon or subject to which any licence has been given under the Act, he shall be punishable with fine which may extend to out thousand rupees and in the case of a continuing offence, with a further fine which may extend to one hundred rupees for each day during which the offence continues.
8. Power to revoke licence. - In the event of any contravention by the holder of a licence of any of the provisions of this Act or Rules made thereunder or any of the conditions or restrictions upon or subject to which the licence has been granted to him under this Act or in the event of his conviction of an offence under Section 7 of this Act or under Section 7 of the Cinematograph Act, 1952 (XXXVII of 1952), the Licensing Authority may revoke the licence or suspend it for such period as it may thinks fit.