The Gujarat Cinemas (Regulation) Act, 2004

Extra No. 23 REGISTERED NO. GlGNR/T
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
VOLXLV] FRIDAY;JUNE 18, 2004/JYAISTHA 28,1926
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Separatemtsgivmtnth‘nhflinonlerthatit
may billed as I Seplnte Compilation.
,
PART
-
IV
Acts of the Gujarat Legislature and Ordinances promulgated
and Regulations made by the Governon
The following Act of the Gujarat Legislature. having been assented
to by the Governor on the 17‘h June 2004 i h
'
information,
, s ereby published for general
s. s. PARMAR,
. ‘
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NOt 21 OF 2004.
“ (First published, after having received the assent of the Governor in
the Gu1arat Government Gazette". on the 18‘h June, 2004).
AN ACT
to provide for regulating-exhibitionsby
means ofcinematographs and the
licensing ofplaces in which cinematograph films are exhibited in the State
of Gujarat
WHEREAS it is expedient to provide for regulating exhibitions
by means of cinematographs and the licensing at places in which
cinematograph films are exhibited in the State at Gujarat;
it is hereby enacted in the Fltty-tiith Year of the Republic ot
India as tollows:--
.
d
1. (1) This Act may be called the Gujarat Cinemas (Regulation) gramme
an
Act, 2004‘
(2) It extends to the wholeot the State of Gujarat.

to L») to
Definitions.
Clnematograph
exhibitions to
be licensed.
Licensing
authority.
Restriction
on powers of
llcenslng
authority.
GUJARAT GOVERNMENT GAZETTE. EX. 1876-2004 [PART 1V
2. in this Act, unless thereis anything repugnant in the subject or
context,
-
(a) “cinematograph; includes any apparatus for the
representation, moving pictures or series ol pictures;
(b ) ”licensing authority“ means the authority empowered to
grant licences under section 4;
(c) "place” includes a house, building, tent and any
description 0! transport, whether by sea, land or air;
(d) "prescribed" means prescribed by rules made under this
Act.
3. 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 lincence.
4. The authority having power to grant licences under this Act shall
be-
(r) in areas for which a Commissioner of Police is appointed
under section 7 of the Bombay Police Act, 1951, such Commissioner;
and
(ii) elsewhere, the District Magistrate:
Provided that the State Government may. by notification in the
Official Gazette constitute tor the whole or any part of the
State 01 Gujarat such other authority as it may specify in the
notification to be the licensing authority for the purposes of this Act
5. (1) The licensing authority shall not grant a Ilncence 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 at
persons attending exhibition therein.
(2) Subject to the provisions of sub—section (1), and to the control
V. of the State Government, the licensing authority may grant licences
Bom.XXll of
1951.

PART [V GUJARAT GOVERNMENT GAZETTE, EX. 18-62004
under this Act to such persons as that authority thinks tit and on
payment of such tees and on such terms and conditions and subject
to such restrictions as may be prescribed
(3) The State Government may, irom time to time, issue
directions to licensees generally or to any lincensee in particular tor
the purpose ol regulating the exhibition ot any film or class of films so
that scientific films, lilms intended for educational purposes, films
dealing with news and current events, documentary films or
indigenous iilms secure, an adequate opportunity oi 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.
6. (1) The State Government, in respect of the whole of the State of
Gujarat or any part thereof, or the licensing authority, in respect of the
area within its jurisdiction, may, if it is of the opinion that any film
which is being publicly exhibited is likely to cause a breach of the
public order, by order, suspend the exhibition of the iiirn and during
such suspension, such film shail be deemed to be an uncertltied film
in the area specilied in the order.
(2) When an order under sub-section (1) has been issued by the
licensing authority, a copy thereof together'with a statement of
reasons therefor, shall forthwith be fonivarded by the licensing
authority to the State Government and the State Government may
either conlirm or annul the order.
(3) An order made under sub-section (1) shall. unless it is
annulled by the State Government under sub-section (2), remain in
force for a period of two months from the date thereof but the State
Government may, it it is at the opinion that the order should contintie
in force, extend the period of suspension lrom time to time for such
further period as it thinks til.
7. ii the owner or person in charge of a cinematograph uses the
same or allows it to be used, or if the owner or occupier at any place
permits that place to be used, in contravention oi the provisions oi
this Act or oi the rules made thereunder, or ot the conditions and
restrictions upon or subject to which any licence has been granted
under this Act or ii the owner or persons in charge of a
cinematograph contravenes any at the conditions or restrictions
imposed by an order oi exemption made under section 13, he shall
on conviction, be punished with line which may extend to one
thousand rupees and in the case ot a continuing offence with- a
lunher tine which may extend to one hundred rupees tor each day
Power at State
Government or
licensing
authority to
suspend
exhibition oi
lllms
.
In certain cases.
Penalties tor
contravention
01 Act.

Power to
revoke or
suspend
licence.
Appeal.
Revision.
Review,
GUJARAT GOVERNMENT GAZETTE. EX. 1811—2004
during which the offence continues after conviction for the first such
offence.
'
8. In the event of any contravention by the holder of a licence of
any of the provisions of this Act or the rules made thereunder or of
any of the conditions or restrictions upon or subject to which the
licence has been granted to him under this Act or of any of the
conditions or restrictions imposed. by an order of exemption made
under section 13, or in the event of his conviction of an offence under
section 7 of this Act or section 7 cf the Cinematograph Act, 1952, the
licensing authority may revoke the licence or suspend it for such
,
period as it may think tit:
Provided that no licence shall be revoked or suspended unless
the holder thereof has been given reasonable opportunity to show
cause.
9. Any person aggrieved by an order of a licensing authority refusing
to grant a licence. or revoking or suspending any licence under
section a, may within such period as may be prescribed, appeal to
the State Government and the State Government shall, on such
appeal make such order as it thinks just and proper, and such order
shall, subject to provisions of sections 10 and 11, be final.
10. (1) The State Government may either of its own motion, or upon
an application by an aggrieved person made within such period as
may be prescribed, call for and examine the record of any order
made by licensing authority under this Act, and pass such order
thereon as it thinks just and proper.
(2) The State Government shall
-
(i) before passing any order under sub-section (1), which is
likely to affect any person adversely, give such persons a
reasonable opportunity of being heard, and
(ii) record its reasons for passing an order under the said sub-
section
11. Any person who, considering himself aggrieved by an order of
the State Government under section 9 or 10, desires to obtain a
review of the order passed against him, on the ground of some
mistake or error apparent on the face of the record or on the ground
that some new tact has been discovered which could not be placed
earlier before the licensing authority or the State Government inspite
of due diligence on the part of such person, may, within such period
[PART [V
XXXVI! M1952.

PART IV GUJARAT GOVERNMENT GAZETTE, EX. 186-2004 23-5
as may be prescribed, apply for a review of the order to the State
Government and the State Govemment shall. after making such
inquiry as it thinks fit. pass such order as it considers necessary in
the circumstances of the case.
‘
12. (1) The State Government may by notification in the Official Power to
Gazette, make rules for the purpose of carrying into effect the makemles-
provisions ofthis Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the
following matters, namely:-
(a) prescribing the procedure in accordance with which a
licence may be obtained and the terms, conditions and
restrictions, it any, subject to which licences may be granted
under this Act and fees for such licences;
(b) prescribing the period within which an appeal. under
section 9 or a revision application under section 10 or a review
application under section 11 may be made;
-
(0). providing for the regulationof cinematograph exhibitions
for securing public safety;
(d) regulating the means~ of entrance and exit at places
licensed under this Act and providing for prevention of
disturbance there at;
(e) regulating or prohibiting the sale of any ticket or pass for
admission by whatever name called to a place licensed under
this Act.
(3) In making rules under this section, the State Government may
provide that any person failing tocomply with orcontravening the provisions
of any rules shall, on conviction, be punished with fine which may extend up
to one thousand rupees.
(4) The power to make rules under this section shall be
subject to the condition of previous publication,
(5) All rules made under this section shall be laid for not less
than thlrty days Delete the House of the State Legislature as soon as
possible after they are made. and shall be subject to such
modifications as the State Legislature may make during the session
in which they are so laid or the session immediately following.
Hb-224~2

Power to
exempt.
Delegation of
power under
section 13.
Repeat and
savings.
GUJARAT GOVERNMENT GAZETTE, EX. 18-6-2004
(6) Any modifications so made by the State Legislature shall
be notified in the Official Gazette, and thereupon shall take effect.
13. The State Government may, by order in writing, exempt, subject
to such conditions and restrictions as it may impose, any
cinematograph exhibition or class of cinematograph exhibitions from
any 01 the provisions of this Act or of any rules made thereunder.
14. The State Government may, subject to such restrictions and
conditions as it may think fit to impose. by notification in the Official
Gazette, delegate to any of its officers the power conferred on it by
section 13.
15. (1) The Bombay Cinemas (Regulation) Act, 1953 is hereby
repealed.
(2) Notwithstanding such repeal of the said Act, anything done or any
action taken (including any rule or order made, notification issued or
appointment made) by or under that Act shall, in so far as it Is not
inconsistent with the provisions oi this Act. be deemed to have been
done or taken by or undervthis Act and shall continue to be in force
until superseded by anything done or any action taken under the
provisions of this Act.
mVERNt/[ENTCENTRAkaesspANDmNAG/‘R-
[PART [V
Horn. XI 01 1953.

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