Sikkim Cinemas (Regulation) Act, 1978
No: 20 Dated: Sep, 26 1978
SIKKIM CINEMAS (REGULATION) ACT, 1978
SIKKIM ACT NO. 20 OF 1978
An Act to make provisions for regulating exhibitions by means of Cinematograph's in the State of Sikkim.
Whereas it is expedient to make provision for regulating exhibitions by Means, of Cinematograph's in the State of Sikkim:
It is hereby enacted in the Twenty-ninth Year of the Republic of India by the Legislature of Sikkim as follows:
1. Short title, extent & commencement. - (1) This Act may be called the Sikkim Cinemas (Regulation) Act, 1978.
(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 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, enclosure, open space and any description of transport, whether by land, water or air;
(c) "prescribed" means prescribed by rules made, under this Act;
(d) "public exhibition" means an exhibition to which persons are admitted on payment.
3. Cinematograph exhibitions to be licensed. - (1) Save as otherwise provided in this Act no person shall give a public exhibition by means of a cinematograph elsewhere than in a place in respect of which a license has been granted under this Act or, otherwise than in compliance with any conditions and, restrictions imposed by such license.
(2) The State Government may, if it considers it necessary to do so, make an order for regulating exhibitions other than public exhibitions and prescribe rules and conditions:
4. Licensing Authority. - The authority having power to grant licenses (hereinafter referred to as 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 or the Video Library is proposed to be opened, is situated:
Provided that the State Government may, by notification in the 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 purpose of this Act.
5. Restrictions on powers of licensing authority. - (1) The licensing authority shall not grant licenses under this Act, unless it is satisfied that
(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 license 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 license under this Act, give the applicant, an opportunity of showing cause.
(2) Subject to the provisions of this Act and the rules made, there under, the licensing 'authority may grant licenses 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 circumstances so justify, to any licensee in particular, for the purpose of regulating the exhibition of any film or class of films and in particular the exhibition of scientific 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 additional conditions and restrictions subject to which the license has been granted.
(4) Any person aggrieved by the decision of a licensing authority granting or refusing to grant a license or by any other order of a licensing authority which is declared by rules made under this Act to be appeal able or by the terms and conditions on which or the restrictions subject to which a license is granted may, within such time as may be prescribed, appeal to 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, may make such order in the case as it or he thinks fit.