The Chhattisgarh Cinemas (Regulation) Act, 1952

36'& THE MADHYA PRADESH CINEMAS (REGULATION)

ACT, 1952

(No. 17 of 1952) TABLE OF CONTENTS

Preo:mble.

Sections

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(1) This Act may be cited as the Madhya Pradesh Cinemas (Regulation) Act, 1952. (2) It extends to and shall be in force in the whole of Madhya Pradesh.

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 sea, land or air; (c) "prescribed means prescribed by rules made under this Act.

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.

The authority having power to grant licences under this Act shall be (hereinafter referred to as the " Licensing authority") the District Magistrate: Provided that the State Government may, by notification 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.

(1) The licensin authority shall not grant a licence under tlus Act, unless it is satisfied that- (a) the rules made under the Act have been substantially complied with ; and (b) adequate precautions have been taken in the place in respect of which the licence is to given to provide for the safety of persons attending exhibitions therein. (2) Subject to the foregoing provisions of this section and to the control of the State Government, the licensing authority may giant licences under this Act to such persons as that authoritv thinks lit and on such trerns and conditions and subject to such restrictions as it may determine. (3) Any person aggrieved by the decision of a licensing authority refusing to grant a licence under this Act 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 behdf 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. (4) The State Government may, from time to time, issue directions to licensees generally, or to any licencee, in particljlar, for the purpose of regulating 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, documbntary films or indigenous films secure an adequate oppotlmity of 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.

(1) The State Government in respect of the whole State or any part thereof, and the District Magistrate in respect of the district or town within his jurisdiction, may, if it or he is of opinion that any film which is being publicly exhibited, as likely to cause a breach of the peace, by order suspend the exhibition of any film and during such suspension no person shall exhibit such film in any place in the area specified in the order. (2) Where an order under sub-section (1) has been issued by a District Magistrate a copy thereof, together with a statement of reasons therefor, shall forthwith be forwarded by the District Magistrate to the State Government and the State Government may either confirm or discharge the order. (3) No order under this section shall remain in force for more than two months but the State Government, may, if it is of opinion that any such order should continue in force, direct that thJe period of suspension shall be extended by such further period as it thinks fit.

If the owner or person incharge of a cinematograph, uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used, in contravcr-tion of the provisions of this Act or the rules made there under, or of the conditions and restrictions, upon, or subject to, which any licence has been granted under this Act, he shall be puhishable with fine which may extend to Rs. 1,000, and, in the case of continuing offence, with a further fine which may extend to Rs. 100 for each day during which the offence continues.

Where the holder of a licence has been convicted of an offence under section 7 of the Cinematograph Act, 1952 (XXXVII of 1952), or section 7 of this Act, the licence may be revoked by the licensing authority.

The State Government may, by notification, make rules- (a) prescribing the terms, conditions and restrictions, if any, subject to which licences may be granted under this Act ; (b) providing for the regulation of cinematograph exhibitions for securing the public safety ; (c) prescribing the time within which and the conditions subject to which an appeal under sub-section (2) of section 5 may be preferred ; (d) any other matter which is to be or may be prescribed.

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

The Cinematograph Act, 1918 (II of 1918), in so far as it relates to matters other than the sanctioning of cinematograph films, is hereby repealed.