order 24
This Act has been repealed by Act No.23 of 2017.
The Telangana Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 199312. 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.
- (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.]
- (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.
- (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.
- (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.
- (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. 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.
- (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.
- (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
- (3) Nothing in the 30Telangana 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 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.
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