The KERALA CINEMA (REGULATIONS) ACT 1958

LIBRARY ARCHIVES Kerala Legislative Assembly 
KERALA CINEMAS (REGULATION) ete? aoe 
(ACT. 32 OF 1958) | 
CONTENTS 
Sections, — 
1 
o 
st 
Ww 
Se 
be 
Short title, ern and eommencement. 
Definitions. 
Cinematograph exhibitions to be’ ticonsed. 
Licensing authority, — a 
Restrictions on powers of licensing authority. 
Licensing authority to permit construction and Sage Pa 
of buildings, installation of ener etec., ‘for cinematograph 
exhibitions, 
Power of Goverment to issue directions. . | 
8. Power of licensing author ity to issue direction. 
10. 
iT. 
12, 
13. 
14. 
15. 
Power of Government or DI eit Collector: to suspend @ exhibition 
of films in certain cases. 7 eo 
Penalties, 
Power to revoke license.” ge fete Toss 
Power to revise proceedings under the Act. . 
Power to make rules. 
Power to.pxempt. 
Repeal. 
Schedule.
LIBRARY ARCHIVES Kerala Legislative Assembly 
146 
mo Pee 4" “aor 32 OF 1958 7 
THE KERALA CINEMAS (REGULATION) ACT, 1958 
. An: 
ACT . 
to provide for the regulation of exhibitions by means of cincmato- 
graphs in the State of Kerala. . oe 
‘Preamble,—Wuereas it is expedient to provide for the régulation 
of exhibitions by means of cinematographs in the State of Kerala; 
Be it enacted in the Ninth Year of the Republic ‘of. India as. 
follows:— a 
1. Short title, extent and commencement —~—(1) This Act may be 
called the Kerala Cinemas (Regulation) Act, 1958. , 
(2). It extends to the whole of the State of Kerala, 
(8) It shali come into force on such date as the Government 
may, by notification, appoint. - . . - coe 
2. Definition.—In this Act, unless the context otherwise requires,— 
a, Q) “cinematograph” includes any apparatus for the represent- 
ation of moving pictures or series of pictures; 
(2) “notification” means a notification published in the Gazette; 
(3) plete” includes @ house, building, tent and any description of transport, whether by water, land or air: , _ 
(4) “prescribed” means prescribed by rules made under this Acts 
(5) “State” means the State of Kerala. 
8. 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 ina place licensed under this Act, or otherwise than in compliance with any conditions. and restrictions imposed by such licence, a 
# Licensing authority.—The ‘authority hay ing power to grant wes under this Act (hereinafter referred to as the licensing authority) shall bo-~- - 
(i) in any area under the administration of a local authority, the executive authority of that local authority: 
Provided that in any area under the District Board, where a Panchayat is ty of the Panchayat shall be the lic 
administration of the Malabar 
functioning, the executive authori- 
ensing authority; and (i) in any other area, such author GH) ity a ( . may, by notification, specify in this behalf: 86 the Government may 
  Published & the Gazette Extraordinary dated 17th July, 1958,
LIBRARY ARCHIVES Kerala Legislative Assembly 
147 
Provided that the Goverment may, by notification, constitute for 
the whole or any part of the State such other authority as they may 
specify in the notification to be the licensing authority for the purposes. 
of this Act, 
5. Restrictions on powers of licensing authority. ~(1) The licensing 
authority shall, in deciding whether to grant or refuse a licence, have 
regard to the following matters, namely:- 
(a) the interest of the public generally; 
. (b) the status and previous experience of the applicant; 
(c) the suitability of the place where the cinematograph ex- 
hibitions are proposed to be given; 
(d) the adequacy of existing places for the exhibition of 
cinematograph films in the locality; 
_ (e) the benefit to any particular locality or localities to bo. 
afforded by the opening of a new place of cinematograph exhibition; 
(f) the possession by the applicant of other places, if any licens- 
ed under this Act, whether in the same locality or elsewhere, and 
whether at the time of applying for the licence or at any previous time, 
and shall also take into consideration any representations made by 
persons already giving cinematograph exhibitions in or near the pro- 
posed locality, whether within the jurisdiction of the same local autho- 
rity or not, or by any police authority within whose jurisdiction’ the 
place proposed to be licensed is situated or by any association interest- 
ed in the giving of cinematograph exhibitions. sO 
(2) The licensing authority shall not eres a licence unless it is 
satisfied that— 
(a) the rules made under this Act have teen substantially com. 
plied with, and 
(b) adequate precautions have been taken in the aircon in 
respect of which the licence is to be granted, to provide for the safety, 
convenience and comfort of the persons attending exhibitions therein: 
Provided that the licensing ‘authority shall, before refusing to grant. 
* licence under this Act, give the applicant an opportunity of showing 
cause against the proposed action. 
(3) The licensing authority may, after consideration of the 
“matters set forth in sub-section (1), limit the number of places in any 
area in respect of which licences under this Act may be granted. .
LIBRARY ARCHIVES Kerala Legislative Assembly 
148 
(4) “The Government may issue such orders and directions of a 
general character a3 they may consider necessary, in respect of any 
matter relating to licences for the exhibition of cinematograph films, to 
licensing authorities; and every licensing authority shall give effect to 
such orders and directions. 
(5) Subject to the foregoing provisions of this section, the licens- 
ing authority may grant licences under this Act to such persons and on 
such terms and conditions and subject to such restrictions as it may 
determine, = 8 
(6) Every licence under this Act shall be personal to the person 
to whom it is granted and no transfer or assignment thereof, whether 
absolute or by way of sccurity or otherwise, shall be valid unless 
approved in writing by the licensing authority, 
(7) Any person aggrieved by the decision or order taken or 
passed by the licensing autbority under this Act may, within such time 
as may be prescribed, appeal, 
(i) where the licensing authority is the executive authority of a 
local authority, to that local authority; and 
. (ii) in any other case, to such officer or authority as the Govern- 
ment may, by notification, specify in this behalf. 
(8) It shall be conipetent for the District Collector to revise 
any order passed in appeal under sub-section (7), either of his own 
motion or on the application of any party aggrieved by the order: 
Provided that no order shall be revised under this sub-section 
without giving an Opportunity to show cause to the party who may be affected by the order, 
6. Licensing authority to permit construction and reconstruction of buildings, installation of machinery, etc., for cinematograph exhibitions.— (Q) Any person who intends —_ 
(#) to useany place for the exhibition of cinematograph films; or - (b) to use any site for constracting a building thereon for the exhibition of cinematograph films; or 
(¢) to construct or reconstruct an tion; or y building for such exhibi: 
(d) to install any machinery in an exhibitions are proposed to be ing to the licensing authority 
such particulars as may be pres 
n y place where cinematograph 
given, shall make an application in writ- 
for permission therefor, together with cribed, and any provision contained in
LIBRARY ARCHIVES Kerala Legislative Assembly 
149 
the enactments specified in the Schedule as in force in any part of the 
State, or in the rules made under any of them, in so far as it relates to- 
any of the matters specified above, shall not apply to any application 
made under this section, 
(2) The licensing authority shall rereenen after coneulting 
such authority or officer as may be prescribed, grant or refuse permission. 
and the provisions of sections 5,10 and 11 relating to licences shall, so. 
far as may be, apply to permission under this section, 
7. Power of Government to issue directions.—The Goremment 
may, from time to time, issue directions to any licensee or to licensee 
generally, requiring the licensee or licensees to exhibit such film or class. 
of films having a scientific or educative value, such films dealing with 
news and current events, such documentary films, indigenous films or 
such other films having special value to the public, as may have been 
approved by the Government in that behalf from time to time; 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: , 
Provided that no direction issued under this section shall require 
the licensee to exhibit any such film or films exceeding two thousand 
feet at, or for more than one-fifth of the entire time taken for, any one 
show, ; 
8. Power of licensing authority los issue directions. _The licensing 
authority may, from time, to time issue directions to any licensees. 
or to licensees generally requiring the licensee er licensees to exhibit in 
each show such slides of public interest as may be supplied by that 
authority: 
Provided that no direction issued under this section ‘shall require 
the licensee to exhibit more than three such slides at, or for more than 
four minutes in, any one show. 
9. Power of Government or District Collector to ‘suspend exhibi- 
tion of films in certain cases.—(1) The Government in respect of the 
whole of the State or any part thereof, and the District acca with- 
in his jurisdiction may,— co 
(i) if they or he are or is of opinion that/film which ‘i is being or 
is about be publicly exhibited is likely to cause a breach of the peace,or 
(ii) for any other sufficient reason, by order, suspend the exhi- 
bition of the film; and during such suspension, no person shall exhibit 
such film or permit it to be exhibited in any place i in the Se or any 
part or Se oe eed as the cage may be, 
any
LIBRARY ARCHIVES Kerala Legislative Assembly 
150 
(2) No order shall be issued under sub-section (1) until the 
person concerned has been given a reasonable opportunity of showing 
cause against the order proposed to he issued in regard to him: 
Provided that this sub-section shall not apply where the Govern- 
ment or the District Collector proposing to issue the order are or ig 
satisfied that owing to any emergency or for some other reason to be 
recorded by them cr him in writing it is not reasonably practicable to 
give to that person an opportunity of showing cause; 
Provided further that a copy of the reasons recorded by the Government or the District Collector for issuing the order shall be com- municated to the person concerned as soon as it becomes réasonably 
practicable to communicate the reasons to him. 
(3) If any question arises whether it is reasonably practicable 
to give to any person an opportunity of showing cause under sub- 
section (2), the decision thereon of the Government or the Distriet 
Collector, as the case may be, shall be final. 
(4) Whore an order under sub-section (1) hasbeen issued by the District Collector, a copy thereof, together with a statement of the reasons therefor, shall forthwith be forwarded by him to the Govern- 
ment, and the Government may, on a consideration of all the facts of ‘the case, vary or discharge the ordcr, 
_ (5) An order issued under sub-section (1) shall remain in force for a period of two weeks from the date thereof, but the Government may, if they are of opinion that the order should continue in torce, direct that the period of suspension shall be extended by such further period or periods not exceeding six weeks in the aggregate as they think fit: 
Provided that the Government or the Dis trict Collector may review their own order, 
10. Penalties.-(1} 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, not being rules made under clause (k) of sub-section (2) of section 13, 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 to ono thousand rupees and, in the case of a continuing offence, with a further fine which mav extend to one hundred rupees for each day during which the offence continues,
LIBRARY ARCHIVES Kerala Legislative Assembly 
15] 
(2) If any person contravenes the provision of any rules made 
under clause (k) of sub-section (2) of section 13, he shall be punishable 
with fine which may extend to one hundred rupees. 
(3) Where after a prosecution for an offence under sub-section 
(1) has been commenced; the licensing authority has reason to believe 
that the holder of the licence is again committing the offence or con- 
tinues to commit it, the Hcensing authority may by notice warn the 
holder of the licence not to continue the offence. Ifthe holder of the 
licence still persists in committing the offence, the licensing authority. 
may suspend the licence pending the result of the prosecution. 
M1, Power to revoke licence.—(1) Where the holder of a ‘licence 
has been convicted of an offence under section 10 of this Act or under 
section 7 of the Cinematograph Act, 1952 or under seetion 13 of the 
Travancore-Cochin Places of Public Resort Act, 1951 or under section 
13 of the Madras Places of Public Resort Act, 1888 or under section LO 
of the Travancore-Cochin Local Authorities Entertainments Tax Act, 
1951 or under section 14 of the Madras Entertainments Tax Act, 1939, 
the licence may be revoked by the licencing authority by an order in 
writing. 
(2) Where the-holder of a licence bas been convicted of an 
offence mentioned in sub-section (1) and the licence has not been revok- 
ed by the licensing authority, the District Collector may call for and 
examine the record of any - proceeding takeA under that sub-saction, 
call for any report in connection therewith and may pass such Se ih 
reference thereto as he thinks fit: 
Provided that no order shall be passed under this sub-section with- 
out giving an opportunity to Deh cause to the party who may. be 
affected by the order, 
12. Power to revise Proeeinas under the Act.—The Government 
may call for and examine the record of any proceeding taken under 
this Act, call for any report in connection therewith, make or cause to 
be made any farther enquiry and may pass such order in reference 
thereto as they think fits 
Provided that no order shall be passed under this section without 
giving an opportunity to show cause to the party who may be affected 
by the order. _ 
13.. Power to make rules, —(1) The Government may, by notifica- 
tion, make rules to carry out the purposes of this Act. 
..{(2) Without prejudice to the generality of the foregoing power, 
such rules may provide for—
LIBRARY ARCHIVES Kerala Legislative Assembly 
152 
(a) the terms, conditions and restrictions subject to which a 
licence may be granted under this Act and the fees to be paid in respect 
of such licence; . 
(b) the regulation of cinematograph exhibitions for securing 
tho public safety; 
(c) the time within which and the conditions subject to which 
an appeal under sub section (7) of section 5 may be preferred, and the 
fees to be paid in respect of such appeal; 
(d) the procedure to be followed by persons submitting applica- 
tions for permission under section 6; 
(e) the documents and plans to by submitted together with 
such applications, and the fees to be paid on such applications; 
_ (f) the matters to be taken into consideration by the licensing 
authority before approving the site for the construction of the building 
or the plans for the construction or recunstruction of the building, or 
the installation of machinery; 
~ {g) the terms, conditions and restrictions subject to which the 
licensing authority may accord approval in respect of the matters 
referred to in clause (f); 
(h) the action to be taken in cases of contravention of the 
terms, conditions and restrictions subject to which such approval was 
accorded; 
(i) the procedure to be followed bg the licensing authority be- 
fore granting or refusing permission under section 6 and any other 
matter incidental thereto; 
(j) the procedure fot approval of films for the purposes of section 7; , , ‘ 
(k) the prohibition or regulation of smoking in cinema theatres, 
(3) All rules made under this Act shall be laid for not less thast fifteen days before the Legislative Assembly, as soon. as possible after ‘they are made and shall be subject to such modifications, whether by way of repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid or the session immediately 
following. ee 
_: 14, Power to exempt,—The Government or any officer authorised in this behalf may, by order in writing, exempt, subject to such con- ditions and restrictions as they may impose:— | 
(i) any cinematograph exhibition to which pubic are not admit- ted or to which public are admitted without payment; or
LIBRARY ARCHIVES Kerala Legislative Assembly 
153 
(ii) any cinematograph exbibition provided for purposes which 
are educational, cultural or scientific, by any. institution, 
society, committee or. other organisation not conducted or 
established for profit; or . 
(iii) any place where a cinematograph exhibition referred to in 
clause (i) or (ii) is given, from any of the provisions of this 
_ Act or of any rules made thereunder, 
15. Repeal.—The Travancore-Cochin Cinemas (Regulation) Act, 
1955 (IX of 1955) and the Madras Cinemas (Regulation) Act, 1955 (IX, : 
of 1955) as in force in the Malabar district referred to in sub-section (2) 
of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 
1956), are hereby repealed: 
Provided that any licence, appointment, notification, Brier rule, 
form or bye-law, issued or made or deemed to have been ened or 
made under the repealed Acts shall, so far as it is not ‘inconsistent 
with the provisions of this Act, continue in force and be deemed to 
have been issued or made-under the provisions of this Act, unless and 
until it is superseded by any licence, appointment, notification, order, 
rule, form or bye-law issued or made under this Act, 
THE SCHEDULE 
(See section 6) 
1. The Trivandrum City Munizipal Act 1116 (IV of 1116); 
2, ‘The Travancore District Municipalities Act, 1116 (XXIII of 
1116); 
3. The Cochin Municipal Act, 1113 (XVIII of 1113); 
4, The Travancore-Cochin Panchayats Act, 1960 (IT of 1950); 
5. The Travancore-Cochin Places of Public Resort Act, 1951 (VIII 
of 1951); 
6. The Madras Places of Public Resort Act, 1888 (II of 1888); 
7. The Madras District Municipalities Act, 1920 (V of 1920); 
8. The Madras District Boards Act, 1920 (XIV of 1920); and 
9. The Madras Village Panchayats Act, 1950 (X of 1950), 
  
ocr

‹ Prev All Kerala acts Next ›