The Orissa Cinemas (Regulation) Act, 1954
O.A. No. 2 of 1954
or100
Published vide Notification No. Orissa Gazette Part X/26.3.1954.
An Act to make provision for regulating exhibition by means of Cinemas
Whereas it is expedient to make provisions for regulating exhibition by means of cinemas in the State of Orissa.
It is hereby enacted as follows :
- Short title, extent and commencement.- (1) This Act may be called the Orissa Cinemas (Regulation) Act, 1954.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
Notes-The general power to legislate with regard to cinemas is in the State Legislature and covered by Entry 33, Part II of Schedule VII of the Constitution. Only a particular power is reserved for the Union Legislature in Entry 60 of List 1. viz., the sanctioning of films for exhibition.
| Object & Reasons6 |
- Definitions.- In this Act unless there is anything repugnant in the subject or context-
(a) "Cinema" includes any apparatus for the representation of moving pictures or series of pictures ;
(b) "Place" includes also a house, building, tent and any description of transport whether by water, lard or air ; and
(c) "Prescribed" means prescribed by rules made under this Act.
- Cinematograph exhibitions to be licensed.- Save as other wise provided in that Act, no person shall give an exhibition by means of a cinema elsewhere than in a place licensed under this Act or otherwise than in compliance with any conditions and restrictions imposed by such licence.
- Licensing authority.- The authority having power to grant licences under this Act (hereinafter referred to as the licensing authority) shall be the District Magistrate :
Provided that the State Government may, by notification, constitute for the whole or any part of the State of Orissa such other authority as it may specify in the notification to be the licensing authority for the purpose of this Act.
- Restrictions on 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
(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) Subject to the foregoing provisions of this section and to the control of the State Government, the licensing authority may grant licences under this Act to such person as that authority thinks fit and on such terms and conditions and subject to such restrictions as it may determine.
(3) 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 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 they or he thinks fit.
(4) The State Government may, from time to time, issue directions to licensees generally or to any licensee in particular for the purpose of regulating the exhibition of any film or class of films so that scientific 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 such directions have been issued those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted.
[Explanation - For the purposes of this sub-section "indigenous films" include films in Oriya language produced outside the State of Orissa but do not include films in language produced outside the State of Orissa, but do not include films in languages other than Oriya and films dubbed in Oriya language whether produced inside or outside the State of Orissa.]
- Power of State Government or the District Magistrate to suspend exhibition of films in certain cases.- (1) The State Government in respect of the whole of the State of Orissa or any part thereof and the District Magistrate in respect of the district within his jurisdiction may, if they or he be of opinion that any film which is being publicly exhibited is likely to cause breach of the peace, by order suspend the exhibition of the film and the film shall not be exhibited in the whole or part of the State or district, as the case may be :
Provided that the District Magistrate hereinbefore specified may in respect of any subdivision within the district, empower any Sub-divisional Magistrate having jurisdiction to exercise such powers of the District Magistrate under this section.
(2) Where an order under Sub-section (1) has been issued by the District Magistrate a copy thereof together with a statement of reasons therefor shall forthwith be forwarded by the person making the same to the State Government which may either confirm or discharge the order.
(3) An order made under this section shall remain in force for a period of two months from the date thereof, but the State 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 think fit.
- Penalties for contravention of this Act.- [1]If the owner or person in charge of a cinema uses the same or allows it to be used or if the owner or occupier of any place permits that place to be used in contravention of the provisions of this Act or of the rules made thereunder or of the conditions and restrictions upon or subject to which any licence has been granted under this Act, he shall be punishable with tine which may extend to one thousand rupees and in the case of a continuing offence with a further fine which may extend to one hundred rupees for each day during which the offence continues.
[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offence punishable under Sub-section (1) shall be cognizable.]
- Power to revoke licence.- Where the holder of a licence has been convicted of an offence under Section 7 of the Cinematograph Act, 1952 (XXXVI of 1952) or under Section 7 of this Act the licence may be revoked by the licensing authority.
- Power to make rules.- (1) The State Government may, by notification, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, rules under this section may provide for-
(a) the terms, conditions and restrictions, if any, subject to which licences may be granted under this Act;
(b) the regulation of the cinema exhibitions for securing the public safety;
(c) the fees to be levied for licensing places for cinema exhibition; and
(d) the time within which and conditions subject to which an appeal under Sub-section (3) of Section 3 may be preferred.
- Power to exempt.- The State Government may, by order in writing, exempt, subject to such conditions and restrictions as they may impose, any cinema exhibition or class of cinema exhibitions from any of the provisions of this Act or of any rules made thereunder.
- Repeal.- The Cinematograph Act, 1918 (11 of 1918) in so far as the provisions contained therein relate to matters with respect to which the Legislature of the State of Orissa has power to make laws, is hereby repealed.
