The Sikkim Cinemas (Regulation) Act, 1978

1. (1) This Act may be called the Sikkim Cinemas (Regulation) Act, 1978.

1. (2) It extends to the whole of Sikkim.
2. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.,

2. 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;

1. (b) "place" includes a house, building, tent, enclosure, open space and any description of transport, whether by land, water or air;
2. (c) "prescribed" means prescribed by rules made under this Act;
3. (d) "public exhibition" means an exhibition to which persons are admitted on payment.,

3. (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 licence has been granted under this Act or otherwise than in compliance with any conditions and restrictions imposed by such licence.

1. (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 for the purpose.,

4. The authority having power to grant licences (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, 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. (1) The licensing authority shall not grant licences under this Act, unless it is satisfied that -

1. (a) the rules made under this Act have been substantially complied with, and
2. (b) prescribed 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: Provided that the licensing authority shall, before refusing to grant a licence under this Act, give the applicant an opportunity of showing cause.

1. (2) Subject to the provisions of this Act and the rules made thereunder, the licensing authority may grant licences 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.
2. (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 licence has been granted.
3. (4) Any person aggrieved by the decision of a licensing authority granting or refusing to grant a licence or by any other order of a licensing authority which is declared by rules made under this Act to be appealable or by the terms and conditions on which or the restrictions subject to which a licence 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., ,

6. (1) The State Government, in respect of the whole State or any part thereof, and the District Magistrate in respect of the local area within his jurisdiction may, if it or he 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 the film shall not be exhibited in the State, part of the State, or local area, as the case may be. (2) When 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 annul the order. (3) Any 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, 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.