section 5
Restrictions on powers of licensing authority-
The Sikkim Cinemas (Regulation) Act, 1978General19786 sections
Statutory text
5. (1) The licensing authority shall not grant licences 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 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.
- (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.
- (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.
- (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., ,
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