The Telangana Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1993

(1) This Act may be called the Telangana Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1993. (2) It extends to the whole of the State of Telangana. (3) It shall come into force on such date as the Government may, by notification, appoint.

(1) Save as otherwise provided under the Act,- (a) no person shall give an exhibition on Television Screen,- (i) through Video Cassette Recorder without a licence; and (ii) in place other than that in respect of which permission has been granted under section 6; (b) subject to the provision of the sub-section (1),- (i) no business other than the exhibition on Television Screen through Video Cassette Recorder shall be carried on in a place in respect of which permission has been granted under the Act by any person and at any time; (ii) no person shall be in possession of VCD or DVD which is contrary to the provision of the Act by any person and at any time; (iii) no person shall possess any pirated video cassette for exhibition of film or selling or buying or let on rent or distribution. (2) Nothing contained in clause (a) of sub-section (1) shall apply to any exhibition on Television Screen through Video Cassette Recorder for domestic purposes to the family members of a household.

(1) Save as otherwise provided in this Act, no person shall keep any video library except under, and in accordance with a licence granted under this Act. (2) Where a person keeps more than one video library whether the same town or village or in different towns or villages, he shall obtain a separate licence in respect of each such video library. (3) Every licence for keeping a video library shall save as otherwise provided in this Act, expire on the last day of the year in which it was granted, but may be renewed from year to year. (4) (i) No person shall carry on the business of buying, letting, selling, supplying or distributing recorded video cassettes or VCDs or DVDs except under and in accordance with a licence granted under this Act. (ii) No person shall record a film on a video tape or on a VCD or DVD in any shop, studio or in any business establishment except under and in accordance with a licence granted under this Act. (iii) A record shall be maintained by every licensee showing the details of all video cassettes, VCDs or DVDs required by him from time to time and the said record shall be produced to any Police Officer not below the rank of a Sub-Inspector on demand.

(1) The licensing authority shall, in deciding whether to grant or refuse to grant or renew or refuse to renew any licence under this Act have regard to the interest of the public generally and such other matters as may be prescribed. (2) The licensing authority shall not grant a licence under this Act unless it is satisfied,- (a) that the rules made under this Act have been complied with; and (b) in the case of an application for the grant of a licence for exhibition, buying, selling, letting, supplying or distributing of films, through recorded Video Cassettes or VCDs or DVDs, that adequate precautions have been taken in the place, in respect of which the licence is to be granted, to provide for the safety, convenience and comfort of the persons attending exhibition therein. (3) The licensing authority may, by order in writing, refuse to grant or renew a licence if such authority is satisfied that,- (a) the applicant has not complied with the provisions of this Act or the rules made thereunder in respect of the application for the grant of a licence; or (b) the applicant has made wilful default in complying with, or knowingly acted in contravention of, any requirement of this Act or the rules made thereunder or the terms and conditions of, and restrictions in any licence granted under this Act; or (c) in the case of an applicant for a licence for exhibition, buying, selling, letting, supplying or distributing recorded Video Cassettes or VCDs or DVDs such applicant has been convicted of an offence under the Cinematograph Act, 1952 or the Telangana Cinemas (Regulation) Act, 1955 or the Telangana Entertainments Tax Act, 1939. (4) An application for the grant or renewal of a licence or permission under this Act shall be made in such manner and within such time and shall be accompanied by such fees as may be prescribed. (5) Every licence or permission or the renewal thereof shall be in such form as may be prescribed.

(b) to any site for constructing a building thereon for the exhibition of films on television screen through video cassette recorders; or (c) to reconstruct any building for such exhibition of films; or (d) to install any machinery in any place where such films are proposed to be exhibited; or (e) to use any place for keeping a video library; or (f) to use any place to sell recorded video cassettes; (g) to use any place to buy or sell or let or distribute any VCD, DVD, or any other mode of recording of moving picture. shall make an application in writing to the licensing authority for permission thereof together with such particulars as may be prescribed and any provision contained in any other law or the rules made there-under in so far as it relates to any of the matters specified above shall apply to any application made under this section. (2) The licensing authority shall thereupon, after consulting such authority or officer as may be prescribed, grant or refuse to grant permission and the provisions relating to licences for exhibition, buying, selling, letting, supplying or distributing recorded Video Cassettes or VCDs or DVDs of films on television screen through video cassette recorder shall, so far as may be, apply to permission under this section.

(1) The Government in respect of the whole of the State or any part thereof and the licencing authority within his jurisdiction, may, if of opinion that any film which is being or is about to be publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of such film on television screen through Video Cassette Recorder or V.C.Ds or D.V.Ds and during such suspension, no person shall exhibit such film or permit it to be exhibited in any place in the State or any part there of as the case may be. (2) Where an order under sub-section (1) has been issued by the licencing authority a copy thereof, together with a statement of the reasons therefor shall forthwith be forwarded by him to the Government and the Government may, on a consideration of all the facts of the case either confirm or vary or annual the order. (3) An order issued under sub-section (1) shall remain in force for a period of two weeks from the date of its issue but the Government may, if they are of opinion that the order should continue in force direct that the period of suspension shall be extended by such further period as they may think fit: Provided that the Government or the licensing authority may review their own order.

(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in-charge of and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer of the company such Director, Manager, Secretary or other Officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section,– (a) “Company” means any body corporate and includes a firm or other association of individuals; and

(1) It shall be lawful for any Police Officer not below the rank of an officer of and above the rank of Sub-Inspector of Police elsewhere,- (a) to enter, if necessary by force, whether by day or night with such assistance as be considers necessary, any premises, which he has reason to suspect, are being used for purposes connected with the recording on any film or the exhibition of films on the television screen through video cassette recorder or keeping a video library or selling recorded video cassettes in contravention of the provisions of this Act; (b) to search the premises and persons found therein; (c) to take into custody and produce before Judicial Magistrate all such persons as are concerned or against whom a reasonable compliant has been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the exhibition of film or keeping a video library or selling recorded video cassettes in contravention of the provisions of this Act; (d) to seize all things found therein which are intended to be used or reasonably suspected to have been used in connection with such recording on any film or with such exhibition of film or selling recorded video cassettes or keeping a video library. (2) The powers of the nature referred to in sub-section (1) may also be exercised by such officer as may be empowered in this behalf by the Government. (3) All searches under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973.

(1) Whenever an offence has been committed which is punishable under this Act, the video cassettes the video cassette recorder, the television set, VCDs, DVDs and other equipment used in the commission of the offence shall be liable to confiscation by an order of the Magistrate trying the offence. (2) A Magistrate trying an offence under this Act shall not order release of any property alleged to have been used in the commission of the offence until the disposal of the case.

(1) Any person aggrieved by an order of the licensing authority refusing to grant or renew a licence or an order revoking or suspending a licence under this Act, may, within such time and on payment of such fee as may be prescribed, appeal to the Government. (2) the Government may stay the execution of any such order pending exercise of its powers under sub-section (1) in respect thereof.

The Government may, either suo motu or on application call for and examine the record of the licencing authority in respect of any proceedings under this Act, to satisfy themselves as to the legality or regularity of such proceeding or the correctness, or propriety of any order made therein; and if in any case it appears to them that any such proceeding or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly: Provided that every application to the Government for the exercise of the powers under this section shall be preferred within such time and accompanied by such fee as may be prescribed. (2) No order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity of making his representation. (3) The Government may stay the proceeding or the execution of the order pending the exercise of their power under sub-section (1) in respect thereof.

(1) Every person,- (i) exhibiting any film on television screen through video cassette recorder or V.C.Ds or D.V.Ds; or (ii) keeping any video library, or selling, buying, letting on hire or distributing recorded film cassettes; immediately before the commencement of this Act, shall obtain a licence under this Act, within a period of four weeks from such commencement. (2) If the person referred to in sub-section (1) fails to obtain the licence within the period mentioned in sub-section (1), he shall discontinue such exhibition and in the case of video library, he shall close such video library and in the case of selling, buying, letting on hire or distributing recorded film cassettes, discontinue such transactions. (3) Nothing in the Telangana Cinemas (Regulation) Act, 1955 shall apply to exhibition of film on television screen through video cassette recorders. (4) Save as otherwise provided in sub-section (3), the provisions of this Act, shall be in addition to and not derogation of the Cinematograph Act, 1952 and the Telangana Entertainments Tax Act, 1939, and any other law for the time bung in force; and nothing contained therein shall exempt any person from any proceeding by way of investigation or otherwise which might, apart from this Act, be instituted against him.

No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything which is in good faith done or intended to be done under this Act, or the rules made thereunder.

12. Any person who contravenes or attempts to contravene or abets the contravention of the provisions of this Act or the rules made thereunder shall on conviction be punishable with imprisonment for a term which shall not be less than three months but which may extend to three years and with fine which shall not be less than one thousand rupees but which may extend to ten thousand rupees. 13. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in-charge of and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Penalties.

Offences by companies.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer of the company such Director, Manager, Secretary or other Officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:- For the purposes of this section,– (a) “Company” means any body corporate and includes a firm or other association of individuals; and
   • (b) “Director” in relation to a film means a partner in the firm. Power to enter, search and seize. 14. (1) It shall be lawful for any Police Officer not below the rank of 25[an officer of and above the rank of Sub-Inspector of Police] elsewhere,-
   • (a) to enter, if necessary by force, whether by day or night with such assistance as be considers necessary, any premises, which he has reason to suspect, are being used for purposes connected with the recording on any film or the exhibition of films on the television screen through video cassette recorder or keeping a video library or selling recorded video cassettes in contravention of the provisions of this Act;
   • (b) to search the premises and persons found therein;
   • (c) to take into custody and produce before Judicial Magistrate all such persons as are concerned or against whom a reasonable compliant has been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the exhibition of film or keeping a video library or selling recorded video cassettes in contravention of the provisions of this Act;
   • (d) to seize all things found therein which are intended to be used or reasonably suspected to have been used in connection with such recording on any film or with such exhibition of film or selling recorded video cassettes or keeping a video library. 26[(2) The powers of the nature referred to in subsection (1) may also be exercised by such officer as may be empowered in this behalf by the Government.]
2. (3) All searches under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973. Central Act 2 of 1974. 15. (1) Whenever an offence has been committed which is punishable under this Act, the video cassettes the video cassette recorder, the television set, 27[VCDs, DVDs] and other equipment used in the commission of the offence shall be liable to confiscation by an order of the Magistrate trying the offence.
3. (2) A Magistrate trying an offence under this Act shall not order release of any property alleged to have been used in the commission of the offence until the disposal of the case. 16. No Court other than the Court of a Magistrate of the First Class shall take cognizance of or try an offence under this Act. 17. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act, shall be a cognizable offence. 18. (1) Any person aggrieved by an order of the licensing authority refusing to grant or renew a licence or an order revoking or suspending a licence under this Act, may, within such time and on payment of such fee as may be prescribed, appeal to the Government. Confiscation of video cassettes, etc. Cognizance of offence. Offences under this Act to be cognizable. Central Act 2 of 1974. Appeal.
4. (2) the Government may stay the execution of any such order pending exercise of its powers under sub-section (1) in respect thereof. 19. The Government may, either suo motu or on application call for and examine the record of the licencing authority in respect of any proceedings under this Act, to satisfy themselves as to the legality or regularity of such proceeding or the correctness, or propriety of any order made therein; and if in any case it appears to them that any such proceeding or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly: Provided that every application to the Government for the exercise of the powers under this section shall be preferred within such time and accompanied by such fee as may be prescribed.
5. (2) No order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity of making his representation.
6. (3) The Government may stay the proceeding or the execution of the order pending the exercise of their power under sub-section (1) in respect thereof. 20. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act. Powers of revision. Power to make rules.
7. (2) Without prejudice to the generality of the foregoing power such rules may provide for,-
   • (a) the terms, conditions and restrictions, if any, subject to which licences and permissions may be granted under this Act, the fees for such licences and permissions, and the apportionment of such fee, between the Government and the local authority concerned;
   • (b) the regulation of cinematograph exhibitions for securing the public safety.
8. (3) Every rule made under this Act, shall immediately after it is made, be laid before the Legislature of the State if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 21. (1) Every person,- Savings. 28[(i) exhibiting any film on television screen through video cassette recorder or V.C.Ds or D.V.Ds; or]
   • (ii) keeping any video library, or selling, 29[buying, letting on hire or distributing] recorded film cassettes; immediately before the commencement of this Act, shall obtain a licence under this Act, within a period of four weeks from such commencement. 28[(2) If the person referred to in sub-section (1) fails to obtain the licence within the period mentioned in sub- section (1), he shall discontinue such exhibition and in the case of video library, he shall close such video library and in the case of selling, buying, letting on hire or distributing recorded film cassettes, discontinue such transactions.] Act IV of 1955. Central Act XXXVII of 1952. Act X of 1939
9. (3) Nothing in the 30Telangana Cinemas (Regulation) Act, 1955 shall apply to exhibition of film on television screen through video cassette recorders.
10. (4) Save as otherwise provided in sub-section (3), the provisions of this Act, shall be in addition to and not derogation of the Cinematograph Act, 1952 and the 31Telangana Entertainments Tax Act, 1939, and any other law for the time bung in force; and nothing contained therein shall exempt any person from any proceeding by way of investigation or otherwise which might, apart from this Act, be instituted against him. Protection of Acts done in good faith. 22. No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything which is in good faith done or intended to be done under this Act, or the rules made thereunder.

²⁵ Substituted by Act No.14 of 2011.

²⁶ Substituted by Act No.14 of 2011.

²⁸ Substituted by Act No.13 of 2005.

Power to enter, search and seize.

[Act No.12 of 1993] 15

26 [(2) The powers of the nature referred to in sub- section (1) may also be exercised by such officer as may be empowered in this behalf by the Government.]

1. (3) All searches under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973.

Central Act 2 of 1974. Confiscation of video cassettes, etc. Cognizance of offence. Offences under this Act to be cognizable. Central Act 2 of 1974. Appeal.

16 [Act No.12 of 1993]

1. (2) the Government may stay the execution of any such order pending exercise of its powers under sub-section (1) in respect thereof.

Savings.

18 [Act No.12 of 1993]

section (1), he shall discontinue such exhibition and in the case of video library, he shall close such video library and in the case of selling, buying, letting on hire or distributing recorded film cassettes, discontinue such transactions.]

1. (3) Nothing in the 30 Telangana Cinemas (Regulation) Act, 1955 shall apply to exhibition of film on television screen through video cassette recorders.
2. (4) Save as otherwise provided in sub-section (3), the provisions of this Act, shall be in addition to and not derogation of the Cinematograph Act, 1952 and the 31 Telangana Entertainments Tax Act, 1939, and any other law for the time bung in force; and nothing contained therein shall exempt any person from any proceeding by way of investigation or otherwise which might, apart from this Act, be instituted against him.

O.Ms.No.17, Energy (Budget) Department, dated 31.05.2016.