Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Uttar Pradesh Cinemas (Regulation) Act, 1955 [10 January 1956] CONTENTS 1. Short Title, Extent And Commencement 2. Definitions 3. Licence 4. Licensing Authority 5. Restrictions On The Powers Of Licensing Authority 6 . Power Of The State Government Or District Magistrate To Suspend Exhibition Of Films In Certain Cases 6A. Inspection 7. Power To Suspend, Revoke And Cancel A Licence 8. Penalty 9. Offences By Companies 10. Power To Exempt 11. Directions Of Action Taken Under The Act 12. Repeal 13. Power To Make Rules Uttar Pradesh Cinemas (Regulation) Act, 1955 [10 January 1956] An Act to make provisions for regulating exhibitions by means of cinematographs 2[and Video] Whereas it is expedient to make provisions for regulating exhibitions by means of cinematograph 2[and video] in the State of Uttar Pradesh. It is hereby enacted as follows: Footnotes: 1. Published in U.P. Gazette (Extra) dated 23.1.1956. 2. Inserted by U.P. Act, No.21 of 1986 (w.e.f. 1-9- 1988). 1. Short Title, Extent And Commencement :- (1) This Act may be called the Uttar Pradesh Cinemas (Regulation) Act, 1955. (2) It shall extend to whole of Uttar Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.1 Footnotes: 1. The U.P. Cinemas (Regulation) Act, 1955 came into force from 25th June, 1956, vide Noti. No.1633-A/III-2 (47)/52 dated 23.6.1956. 2. Definitions :- In the Act, unless there is anything repugnant in the subject or context,-- (a) "cinematograph" includes any apparatus 1[other than video] for the representation of moving picture or series of pictures; 1[(aa) exhibition by means of video; means an exhibition in public on payment for admission of moving pictures or series of pictures by playing or replaying and pre-recorded cassette by means of video cassette player whether on the screen of a television set or video scope or otherwise. Explanations.--For the purposes of this clause exhibition by means of video in any restaurant or hotel or public transport vehicle shall be deemed to be on payment for admission whether or not payment for admission to such exhibition is charged distinctly from the payment for refreshment or meals or room rent or fare or any other charges as the case may be.] (b) "occupier" includes a managing agent or other person authorised to represent the occupier or having charge, management or control or the place on his behalf; (c) "owner" used with reference to any place includes any person receiving or entitled to receive the rent from the occupier; (d) "place" includes a house, building, tent or other structure and any description of transport whatsoever; (e) "prescribed"means prescribed by rules made under this Act; and (f) "State Government"means the Government of Uttar Pradesh; 1[(g) "Video library"means a place, by whatever name called where the business of selling or letting on hire or distribution or exchange or putting into circulation in any manner whatsoever, of moving pictures or series of pictures recorded on a video cassette is carried on.] Footnotes: 1. Inserted by U.P. Act No. 21 of 1986 (w.e.f. 1.9.1988). 3. Licence :- 1[3. Licence Save as otherwise provided in this Act, no person shall-- (a) give an exhibition by means of cinematograph, or (b) give an exhibition by means of video, or (c) keep a video library, elsewhere than in place licensed under this Act, or otherwise than in compliance with the conditions and restrictions imposed by such licence.] Footnotes: 1. Substituted by U.P. Act No.21 of 1986 (w.e.f. 1.9.1988). 4. Licensing Authority :- T h e authority having power to grant licence under this Act (hereinafter referred to as the licensing authority) shall be the District Magistrate: 1[Provided that the State Government may, by notification in the official Gazette, confer upon the Entertainment Tax Commissioner, Uttar Pradesh, for the whole or any part of the State, such of the powers of the licensing authority under this Act, as it may specify in the notification, either concurrently with or to the exclusion of the District Magistrate: Provided further that where any of such powers are exercisable concurrently by the District Magistrate and the Entertainment Tax Commissioner each of them shall keep the other informed of all orders passed by him, and in case of difference of opinion between them on any matter a reference shall be made to the State Government whose decision shall be final.] Footnotes: 1. Substituted by U.P. Act No.7 of 1977 (w.e.f. 24.4.1977). 5. Restrictions On The Powers Of Licensing Authority :- (1) The licensing authority shall not grant a licence under this Act, unless it is satisfied that-- (a) the rules made under this Act have been substantially complied with, and 1[(aa) the building or other place in which cinematograph exhibition proposed to be given-- (i) is situated at a distance of not less than 200 meters from the Raj Bhawan, the State Government Secretarial, the High Court, the State Public Service Commission or the Board of Revenue; (ii) is situated at such minimum distance as may be prescribed from other public buildings and from recognised educational and other public institutions and public hospitals; (iii) is not situated in a locality which is exclusively residential in character or is reserved exclusively for residential purposes; and] (b) adequate 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; 2[(bb) no restaurant is run in the place in which exhibition by means of video is proposed to be given. Explanation.--Nothing contained in this clause shall be construed so as to prevent licence being granted to any hotel for exhibition by means of video in the room to be occupied by the ledgers.] 1[(c) the grant of licence is not otherwise contrary to the public interests]. 3[Explanation.--(1) Different minimum distances may be prescribed under sub-clause (ii) of clause (aa) in relation to different clauses of public buildings, institutions and hospitals. (2) For the purposes of clause (aa), the distance shall be measured from the outer boundary of the compound of the cinema building to the outer boundary of the compound, if any, of the other building mentioned in that clause.] (3) Subject to the foregoing provisions of this section and to the control of the State Government and the interests of the general public, the licensing authority may grant licences under this Act on such terms and conditions and subject to such restrictions as it may determine and on payment of such fees as may be prescribed. (4) 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 and the State Government may make such order in the case it thinks fit. (5) The State Government may from time to time, issue directions to licencees generally or to any licencee in particular 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, documentary films or indigenous films secure an adequate opportunity of being exhibited and where any directions have been issued, those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted. Footnotes: 1. Inserted by U.P. Act No. 27 of 1974. 2. Inserted by U.P. Act No. 12 of 1989 (w.e.f. 15-4-1989). 4. Inserted by U.P. Act No. 12 of 1989 (w.e.f. 1-9- 1988). 6. Power Of The State Government Or District Magistrate To Suspend Exhibition Of Films In Certain Cases :- (1) The State Government in respect of the whole of the State of Uttar Pradesh or any part thereof, and the District Magistrate in respect of the district within his jurisdiction, may if it or he as the case may be, is of opinion that any film which is being exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the films and thereupon the films shall not during such suspension be exhibited in the State, part or the district concerned, notwithstanding the certificate granted under the Cinematograph Act, 1952. (2) Where an order under sub-section (1) has been made by a District Magistrate ***1 a copy thereof together with a statement of reasons thereof shall forthwith be forwarded by him or it to the State Government which may either confirm or discharge the order. (3) An order of suspension made under this section shall remain in force for a period of two months from the date thereof, but the State Government may, if it is of opinion that the order should continue in force, direct that the suspension shall be extended by such further period as it thinks fit. Footnotes: 1. Omitted by U.P. Act No.42 of 1958. 6A. Inspection :- 1[6A. Inspection (1) The Licensing Authority or any other officer authorised by him in this behalf may, with such assistance as may b e necessary, enter, inspect and search at any reasonable time, any place ordinarily used or suspected to be used, for exhibition by means of cinematograph or video, or for keeping video library, with a view to securing compliance of the provisions of this Act or the rules made thereunder. (2) Every officer, referred to in sub-section (1), shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code. (3) Every officer, referred to in sub-section (1), may require a person who is suspected of contravening any of the provisions of this Act or rules made thereunder, to declare immediately his name and address, and if such person refuses or fails to give his name and address, or if the officer reasonably suspects him of giving a false name or address, the officer may arrest him and detained or get him detained at the nearest police station and the provisions of Section 42 of the Code of Criminal Procedure, 1973 shall apply.] 2[(4) Every officer referred to in sub-section (1) shall have the power to prevent any exhibition by means of cinematograph or video being given in contravention of the provisions of Section 3 and may, for that purpose, use such minimum force as he may consider necessary in the circumstances of the case.] Footnotes: 1. Inserted by U.P. Act No.21 of 1986 (w.e.f. 1.9.1988). 2. Inserted by U.P. Act No.12 of 1989 (w.e.f. 15.4.1989). 7. Power To Suspend, Revoke And Cancel A Licence :- (1) 1[Notwithstanding anything contained in this Act, where a licence has been granted under Section 5, it may be cancelled or revoked in the public interest-- (i) by the State Government, where the licence was granted by the Government or by the licensing authority; (ii) by the licensing authority, where the licence was granted by such authority. (1-A) In particular and without prejudice to the generality of the power conferred by sub-section (1), a licence may be cancelled or revoked under that sub-section on any of the following grounds, namely-- (a) that the licence was obtained through fraud or misrepresentation; or (b) that the licensing authority or the State Government while considering the application or appeal, as the case may be, under Section 5 was under a mistake as to a matter essential to the question of grant or refusal of licence; or (c) that the licencee has been guilty of breach of the provisions of this Act or the rules made thereunder or of any conditions or restrictions contained in the licence, or of any direction issued under sub-section (4) of Section 5; or (d) that on account of any change occurring in the situation of the place licensed, the continuance of the licence is considered prejudicial to decency or morality; or (e) that the licencee has been convicted of any offence under Section 8 of this Act or Section 7 of Cinematograph Act, 1952.] (2) Where the State Government or the licencing authority is of the opinion that a licence granted under Section 5 should be 2, cancelled or revoked, it shall, as soon as may be, communicate to the licencee the grounds on which the action proposed to be taken and shall afford him a reasonable opportunity of making a representation against it: 1[Provided that where the State Government or the licencing authority, as the case may be, is further of the opinions that the object of the action proposed to be taken would be defeated by delay, it may, while or after communicating to the licensee, as aforesaid, the grounds on which the action is proposed, pass an interim order suspending the licen ce in the meantime.] (3) If after considering the representation, the State Government or the licensing authority, as the case may be, is satisfied that the licence should be 3canceled or revoked, it may make an order accordingly and shall communicate it to the licensee stating in writing the grounds therefor. (4) Where the order 4[suspending a licence under the proviso to sub-section (2) or cancelling or revoking it under sub-section (3)] has been passed by a licencing authority, any person aggrieved by the order may, within thirty days of the communication of such order to him, appeal to the State Government which may pass such order as it may think fit. (5) The order of the State Government shall be final. Footnotes: 1. Inserted by U.P. Act No. 27 of 1974. 2. The word "suspended" omitted by Act No. 27 of 1974. 3. Omitted by U.P. Act No. 27 of 1974. 4. Substituted by U.P. Act No. 27 of 1974. 8. Penalty :- 1[8. Penalty (1) If the owner or person incharge of a Cinematograph uses or allos it to be used, or if the owner or occupier of a place permits that place to be used for exhibition by mean of cinematograph, or if a person gives exhibition by means of video or keeps a video library, in contravention of the provisions of this Act or the rules made thereunder or of the conditions and restrictions upon or subject to which licence has been granted under this Act, shall be punishable 2[with simple imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both] and in the case of continuing offence with a further fine which may extend to five hundred rupees for each day during which the offence continues. (2) If any person prevents the entry of any officer duly authorised in this behalf, or otherwise obstructs such officer in the discharge of his duties imposed by or under this Act or the rules made thereunder, he shall be punishable with a fine which may extend to two thousand rupees.] Footnotes: 1. Substituted by U.P. Act No. 21 of 1986 (w.e.f. 1.9.1988). 2. Substituted by U.P. Act No. 12 of 1989 (w.e.f. 1.9.1988). Section 8A - Compounding of offences 1[8- A. Compounding of offences.-- (1) Any offence punishable under this Act may, subject to any general or special order of the State Government in this behalf, be compounded by the Licensing Authority, either before or after the institution of the persecution, on realiation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence. (2) Where the offence is so compounded,-- (a) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty; (b) after the institution of the prosecution the composition shall amount to acquittal of the offender.] Footnotes: 1. Inserted by U.P. Act No. 21 of 1986 (w.e.f. 1.9.1988). 9. Offences By Companies :- ( 1 ) If the person committing any offence under this Act is 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 offence and shall be liable to be proceeded against and published 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 exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an 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 or 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 firm means a partner in the firm. 10. Power To Exempt :- The State Government may, in the interest of the general public or any section thereof, by order in writing and stating the reasons therefor, exempt, subject to such condition any restriction as it may impose, 1[any exhibition or class of exhibitions by means of cinematograph or video may be made or video libraries] from any of the provisions of this Act or any rules made thereunder. Footnotes: 1. Substituted by U.P. Act No. 21 of 1986 (w.e.f. 1.9.1988). 11. Directions Of Action Taken Under The Act :- (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act or the rules made thereunder. (2) No suit or legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act or rules made thereunder. 12. Repeal :- (1) The Cinematograph Act, 1918 in o far as it relates to the matter other than the sanctioning of cinematograph films of exhibition, is hereby repealed in its application to the State of Uttar Pradesh. (2) Any 1[rule or order], made under the Cinematograph Act, 1918 and i n force immediately before the commencement of this Act, shall continue in force and be deemed to be a 1[rule or order], made under this Act; and all appointments made, licences granted, conditions or restrictions imposed and directions issued under any such 1[rule or order], and in force immediately before such commencement, shall likewise continue in force and be deemed to be made, granted, imposed or issued in pursuance of this Act. Footnotes: 1. Substituted for the word "order" by Act No. 27 of 1974, and deemed always to have been substituted. 13. Power To Make Rules :- (1) The State Government may, 1, make rules for the purpose of carrying the provisions of this Act into effect. (2) In particular and without prejudice to the generality of the foregoing power, rule made under this Act may provide-- (a) for the situation and regulation of the places at which and the conditions subject to which 2[exhibition by means of cinematograph or video may be made or video libraries may be kept] displayed; 3[(aa) for the imposition of composition charges not exceeding fifty thousand rupees on payment whereof exemption under Section 10 may be granted from the provisions of the rules relating to the site or building to be used for exhibition by means of cinematography.] (b) for the fees to be levied for grant and renewal of 4[licences for places under this Act]; (c) for fees for inspection of places, electrical and other appliances and installations; (d) for the terms, conditions and restrictions subject to which licences may be granted; (e) for inspection of electric appliances and other installations; (f) for the period during which and the conditions subject to which an appeal under this Act may be preferred. 5[(3) All rules made under this Act shall, as soon as may be after they are made be laid before each House of the State Legislature while it is in session for a total person of thirty days extending in its one session or more than one successive sessions, and shall unless some latter date is appointed, take effect from the date of their publication in the official Gazette,subject to such modifications or annulments as the two Houses of the Legislature may during the said period agree to make, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.] Footnotes: 1. The words "after previous publication", omitted by Act No. 27 of 1974, and deemed always to have been substituted. 2. Substituted by U.P. Act No. 21 of 1986 (w.e.f. 1.9.1988). 3. Inserted by U.P. Act No. 12 of 1989 (w.e.f. 15.4.1988). 4. Substituted by U.P. Act No. 21 of 1986 vide Noti. No. 104/XVII-I-I (ka) dated 10.2.1987). 5. Inserted by U.P. Act No. 27 of 1974.