The Andhra Pradesh Cinemas (Regulation) Act, 1955

THE ANDHRA PRADESH CINEMAS (REGULATION) ACT, 1955
PRESIDENT’S ACT No. 4 of 1955
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Cinematograph exhibitions to be licensed
4. Licensing authority
5. Restrictions of powers of licensing authority
6. Special provision for buildings constructed or reconstructed solely
for cinematograph exhibitions
7. Appeal
7-A. Review
8. Power of Government or District Collector to suspend exhibition of
films in certain cases
9. Penalties
9-A. Penalty for black marketing in the sale of tickets for admission to
cinematograph exhibition.
10. Power to revoke or suspend licence
11. Power to make rules
12. Power to exempt
13. Repeal
THE ANDHRA PRADESH CINEMAS (REGULATION) ACT, 19551
PRESIDENT’S ACT No. 4 of 1955
[19th March, 1955]
AN ACT TO PROVIDE FOR THE REGULATION OF EXHIBITIONS BY MEANS
OF CINEMATOGRAPHS IN THE2[STATE OF ANDHRA PRADESH].
3[Be it enacted in the Fifth Year of the Republic of India as follows:-]
1. Short title, extent and commencement - (1) This Act may be called4[the
Andhra Pradesh Cinemas (Regulation) Act, 1955].
(2) It extends to the whole of the2[State of Andhra Pradesh].
(3) It shall come into force on such date5 as the State Government may,
by notification, appoint.
2. Definitions- In this Act, unless the context otherwise requires -
(1) "cinematograph" includes any apparatus for the representation of the
moving pictures or series of pictures;
6[(1-A) "District Collector" in relation to the cities of Hyderabad and
Secunderabad means the Commissioner of Police;]
(2) "Government" means the State Government;
(3) "notification" means a notification published in the7[Andhra Pradesh
Gazette];
(4) "place" includes a house, building, tent and any description of
transport whether by water, land or air; and
(5) "prescribed" means prescribed by rules made under this Act.
3. Cinematograph exhibitions to be licensed - Save as otherwise provided in
this Act, no person shall give an exhibition by means of a cinematograph
elsewhere than in a place licensed under this Act, or otherwise than in
compliance with any conditions and restrictions imposed by such licence.
4. Licensing authority - The authority having power to grant licences under
this Act (hereinafter referred to as the licensing authority) shall be the District
Collector:
Provided that the Government may, by notification, constitute for the
whole or any part of the State such other authority as it may specify in the
notification to be the licensing authority for the purposes of this Act.
5. Restrictions of powers of licensing authority - (1) The licensing authority
shall not grant a licence under this Act, unless it is satisfied that -
1. This Act was enacted by the President in exercise of the powers conferred by section 3 of the
Andhra State Legislature (Delegation of Powers) Act, 1954 (Central Act 45 of 1954), and was re-
enacted permanently by section 3 of, and the Second Schedule to, the Andhra Pradesh (Andhra
Area) Re-enacting Act, 1956 (Act VI of 1956).
It was extended to the transferred territories (Telangana area) by section 3 of, and the schedule
to the Andhra  Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).2. Substituted for the words “State of Andhra” by ibid.3. Substituted for the original enacting formula by section 6 of the Andhra Pradesh (Andhra
Area) Re-enacting Act, 1956 (Act VI of 1956).4. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws
(Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).5. Came into force in the Andhra area on the 27th March, 1955 and in the Telanagana area on
the 1st February, 1960.6. Inserted by section 3 of, and schedule to the Andhra Pradesh Extension of Laws Act 1958
(Andhra Pradesh Act XXIII of 1958).7. Substituted for the words “Andhra Gazette” by the Andhra Pradesh Adaptation of Laws
Order, 1957.
(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 the
persons attending exhibitions therein.
(2) Subject to the foregoing provisions of this section and to the control of
the Government, 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 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, films intended for
educational purposes, films dealing with news and current events,
documentary films1[indigenous films, or such other films having special value
for the public, produced by the Andhra Pradesh State Film Development
Corporation Limited and approved by the Government in that behalf from time
to time and the films approved by the Central Government on the
recommendations of the Central Film Advisory Board] 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.
2[Provided that no direction issued under this section shall require the
licensee to exhibit any such film or films for a duration not exceeding twenty
minutes of the time taken for the entire show.]
6. Special provision for buildings constructed or reconstructed solely for
cinematograph exhibitions - (1) Nothing contained in the 3 [Greater
Hyderabad Municipal Corporation Act, 1955 (Act II of 1956)] or in the Andhra
Pradesh (Andhra Area) Places of Public Resort Act, 1888, or in4[the Andhra
Pradesh (Andhra Area) District Municipalities Act, 1920 (Act V of 1920),] or in5[the Andhra Pradesh (Andhra Area) Town Planning Act, 1920 (Act VII of
1920),] or in the Andhra Pradesh (Andhra Area) District Board Act, 1920 (Act
XIV of 1920), or in6[the Andhra Pradesh (Andhra Area) Village Panchayats Act,
Act, 1950 (Act X of 1950),] in regard to -
(a) the grant of permission for the construction or reconstruction of
a building, or
(b) the grant of licence for the use of any place or building for any
purpose for which such licence is required under those Acts, or
(c) the grant of permission to instal any machinery in any place or
building,
shall apply to the construction or reconstruction of, or the use of,
or the installation of any machinery in, any place or building to be
used exclusively for the holding of cinematograph exhibitions; and
in every such case, an application for licence or permission
referred to in any of the clauses (a) to (c) above shall be made to
the licensing authority under this Act, in accordance with the rules
made in this behalf under this Act.
(2) Subject to the control of the Government and to any rules made in
this behalf, the licensing authority, after making such inquiry as it deems fit
and consulting the Chief Executive Officer (by whatever designation he may be
1. Substituted by the Act No. 18 of 1995, S.2.2 . Proviso added by the Act No.18 of 1995, S.2.3.  “The Greater Hyderabad Municipal Corporation” substituted by Act No.13 of 2008.4.  Repealed by the Act No.6 of 1965.5. This has been extended to whole State of A.P. by Act 24 of 1981.6.  Repealed by Act No.2 of 1964. Act 2 of 1964 is repealed by Act No. 13 of 1994. Act 13 of
1994 is repealed by Act No.5 of 2018.
known) of the local authority concerned, may, for reasons to be recorded either
grant or refuse to grant the licence or permission applied for.
7. Appeal – 1 [(1)] Any person aggrieved by the decision of the licensing
authority, refusing to grant any licence or permission under this Act may,
within such time as may be prescribed, appeal to the Government, or to such
officer or authority as the Government may specify in this behalf, and the
Government or the officer or the authority, as the case may be, may make such
order as it deemed fit.
2[(2) The Government or the officer or the authority as the case may be,
may stay the execution of any such decision, pending the exercise of the power
under subsection (1) in respect thereof.]
3[7-A.Review -  (1) The Government may, either suo-motu at any time, or on
an application received from any person interested within ninety days of the
passing of an order under section 5 or section 7 or section 10 or section 12
review any such order if it was passed by them under any mistake whether of
fact or of law or in ignorance of any material fact:
Provided that the Government shall not pass any order adversely
affecting any person unless such person has had an opportunity of making a
representation.
(2) The Government may stay the execution of any such order, pending
the exercise of the powers under subsection (1) in respect thereof.]
8. Power of Government or District Collector to suspend exhibition of
films in certain cases - (1) The Government in respect of the whole of the
State or any part thereof, and the District Collector in respect of any area
within the local limits of his jurisdiction may, if it or he is of opinion that any
film which is being publicly exhibited likely to cause a breach of the peace, by
order, suspend the exhibition of the film, and during such suspension, no
person shall exhibit such film or permit it to be exhibited in the State or in
such part thereof, or in such area, as the case may be.
(2) Where an order under sub-section (1) has been issued by the District
Collector, a copy thereof together with a statement of 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 confirm, modify or cancel 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 Government may, if it is of opinion
that the order should continue in force, direct that the period of suspension
shall be extended by such further period as it thinks fit.
9. Penalties - If the owner or person in charge of a cinematograph 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
fine which may extend to4[ten thousand rupees], and, in the case of a
continuing offence, with a further fine which may extend to1[two hundred
rupees] for each day during which the offence continues.
5[9-A. Penalty for black marketing in the sale of tickets for admission to
cinematograph exhibition - (1) If the owner or person incharge of a
cinematograph exhibition either directly or through any other person,-
(i) sells or allows to be sold, the tickets for admission to cinematograph
exhibition at any place other than the licensed under this Act; or
1. Section 7 renumbered as sub-section (1) of section 7 by the Act No.3 of 1965.2. Added by the Act No. 3 of 1965.3. Inserted by the Act No. 21 of 1984, S.2.4. Substituted by the Act No. 15 of 1976, S.2.5. Inserted by the Act No. 18 of 1995, S.3.
(ii) sells or allows to be sold, such tickets at rates higher than the
maximum rates fixed therefor; or
(iii) re-sells or allows to be resold such tickets at rates higher than the
maximum rates fixed therefor either at the licensed premises or elsewhere,
He shall be punished with simple imprisonment for a term which may
extend to three months or with fine which may extend to one thousand rupees
or with both.
(2) Whoever,-
(a) with a view to re-sell at rates higher than the maximum rates fixed
therefor, purchases, or keeps in his possession, the tickets for admission to
Cinematograph exhibition in excess of thenumber normally required for use by
his family members and not more than four of his guests; or
(b) sells or allows to be sold such tickets at rates higher than the
maximum rates fixed therefor either at the licensed premises or elsewhere shall
be punished with simple imprisonment for a term which may extend to three
months or with fine which may extend to one thousand rupees or with both.
(3) Notwithstanding anything in the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) an offence punishable under the section shall be
cognizable.]
10. Power to revoke1[or suspend] licence – 2[(1)] Where the holder of a
licence has been convicted of an offence under section 7 of the *Cinematograph
Act, 1952 (37 of 1952), or section 9 of this Act, the licence may be revoked by
the licensing authority.
3[(2) If the licensing authority is satisfised, either on a reference made to it in
this behalf or otherwise, that –
(a) a licence granted under this Act has been obtained by
misrepresentation or fraud as to an essential fact, or
(b) the licensee has, without reasonable cause failed to comply with any
of the provisions of this Act or of the rules made thereunder, or any of the
conditions or restrictions upon or subject to, which the licence has been
granted,
then, without prejudice to any other penalty to which the licensee may be
liable under this Act, the licensing authority may, after giving the licensee an
opportunity of showing cause, revoke or suspend the licence.
4[(2-A) Where a licence is liable to be revoked or suspended under sub-
section (2), the licensing authority may, notwithstanding anything in sub-
section (2) and for good and sufficient reasons to be recorded in writing, impose
on the licensee a sum not extending rupees ten thousand by way of penalty in
lieu of such revocation or suspension.]
(3) Where the licensing authority revokes or suspends any licence under
sub-section (2), it shall do so by an order communicated to the licensee giving
the reasons in writing for such revocation or suspension.
(4) Any person aggrieved by the decision of the licensing authority
revoking or suspending a licence under sub-section (2)5[or imposing penalty
under sub-section (2A)] may, within such time as may be prescribed appeal to
the Government, and the Government may make such order as they may think
fit.
1. Inserted by the Act No. 3 of 1965.2. Section 10 renumbered as sub-section (1) of section 10 by Act No.3 of 1965.
* Central Act 37 of 1952. 2 of 1918.3. Sub-sections (2), (3), (4) and (5) added by Act No.3 of 1965.4. Inserted by the Act No. 15 of 1976, S.3.5.  Inserted by the Act No. 15 of 1976, S.3.
1[Provided that no appeal against the decision of the licensing authority
under2[sub-section (2-A)] shall be entertained unless the licensee deposits the
sum of penalty specified in the decision aforesaid with such authority and in
such manner as may be prescribed.]
(5) The Government may stay the execution of any such decision,
pending the exercise of their powers under sub-section (4) in respect thereof.]
11. Power to make rules - (1) The Government may, by notification, make
rules for carrying out the purposes of this Act.
(2) In particular and 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
fees between the Government and the local authority concerned;
(b) the regulation of cinematograph exhibitions for securing the
public safety;
(c) the time within which and the conditions subject to which an
appeal3[under section 7 or section 10] may be preferred and the
fees to be paid in respect of such appeal;
(d) the regulation of the construction or reconstruction of buildings
for cinematograph exhibition.
4[(e) the procedure for approval of films for the purposes of sub-
section (3) of section 5.]
5[(3) Every rule made under this Act, shall immediately after it is made be
be laid before the Legislative Assembly 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 Legislative Assembly 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.]
12. Power to exempt - Where in the opinion of the Government reasonable
grounds exist for doing so, the Government may, by order in writing exempt,
subject to such conditions and restrictions as it may impose, any
cinematograph exhibitions or class of cinematograph exhibitions from any of
the provisions of this Act, or any rules made thereunder.
13. Repeal - *The Cinematograph Act, 1918 (II of 1918), in so far as it relates
to matters other than the sanctioning of cinematograph films for exhibition, is
hereby repealed:
Provided that any appointment, notification, order, scheme, rule, form or
bye-law, made or issued under the repealed Act, shall so far as it is not
inconsistent with the provisions of this Act, continue in force and be deemed to
have been made or issued under the provisions of this Act, unless and until it
1. Proviso added by the Act No. 15 of 1976, S.3.2. Substituted by the Act No. 18 of 1995, S.4.3. Substituted by the Act No.3 of 1965.4. Added by the Act No. 18 of 1995, S.5.5. Added by the Act No. 18 of 1995, S.5.
*  Central Act 2 of 1918.
is superseded by any appointment, notification, order, scheme, rule, form or
by-law made or issued under this Act.

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