The KERALA CINEMAS (REGULATION) ACT, 1958

KERALA CINEMAS (REGULATION) ACT, 1958
 (ACT 32 OF 1958) 
 CONTENTS 
Preamble.
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Cinematograph exhibitions to be licensed.
4. Licensing authority.
5 Restrictions on powers of licensing authority.
6. Licensing authority to permit construction and reconstruction of buildings, 
  installation of machinery, etc., for cinematograph exhibitions.
7. Power of Government to issue directions.
8. Power of licensing authority to issue direction.
8A. Power to enter place of cinematograph exhibition, to inspect licence or to prevent 
     exhibition without licence or in violation of the provisions.
9. Power of Government or District Collector to suspend exhibition of films in certain 
  cases.
10. Penalties.
11. Power to revoke license.
12. Power to revise proceedings under the Act.
12A. Protection of action taken in good faith.
13. Power to make rules.
14. Power to exempt.
15. Repeal.
THE SCHEDULE.
ACT 32 OF 1958 *
THE KERALA CINEMAS (REGULATION) ACT, 1958
An Act to provide for the regulation of exhibitions by means of cinematographs in the State of
Kerala.
Preamble.—WHEREAS it is expedient to provide for the regulation 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:—
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.
(3) It shall come into force on such date as the Government may, by notification,
appoint.
2. Definition.—In this Act, unless the context otherwise requires,—
(1)  "cinematograph"  includes  any  apparatus  for  the  representation  of  moving
pictures or series of pictures;
(2) "notification" means a notification published in the Gazette;
(3) "place" includes a house, building, tent and any description of transport, whether
by water, land or air;
(4) "prescribed" means prescribed by rules made under this Act;
(5) "State" means the State of Kerala.
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.
1[4. Licensing authority.—The authority having power to grant a licence under this Act
(hereinafter referred to as the licensing authority) shall be the executive authority of the local
authority within whose jurisdiction the place in respect of which the licence is to be granted
is situate:
* Received the assent of the Governor on the 15 th July, 1958 and published in the Kerala Gazette Extraordinary
dated 17th July, 1958.
1. Substituted by Act 22 of 1975(w.e.f. 05.07.1975).
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Provided that the Government 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 exhibitions 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 be afforded by the opening
of a new place of cinematograph exhibition;
(f) the possession by the applicant of other places, if any licensed 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 proposed locality, whether
within the jurisdiction of the same local authority or not, or by any police authority within
whose  jurisdiction  the  place  proposed  to  be  licensed  is  situated  or  by  any  association
interested in the giving of cinematograph exhibitions.
(2) The licensing authority shall not grant a licence 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 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.
(4) The Government may issue such orders and directions of a general character as
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.
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(5) Subject to the foregoing provisions of this section, the licensing 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.
(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 security 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
authority under this Act may, within such time as may be prescribed, appeal,
1[(i) Where the licensing authority is the executive authority of a local authority
and such executive authority has taken the decision or passed the order without the previous
concurrence of that local authority, to that local authority, and]
(ii) in any other case, to such officer or authority as the Government may, by
notification, specify in this behalf.
2[(8)  Any  officer  or  authority  appointed  by  the  Government  in  this  behalf  by
notification, may, either of his or its own motion or otherwise, call for the records of any case
in which an order has been passed in appeal under sub-section (7) and pass such order
thereon as he or it thinks fit:
Provided that no order shall be passed under this sub-section without giving the party
who may be affected thereby an opportunity of being heard.]
6.  Licensing  authority  to  permit  construction  and  reconstruction  of  buildings,
installation of machinery, etc., for cinematograph exhibitions.—(1) Any person who intends-
(a) to use any place for the exhibition of cinematograph films; or
(b)  to  use  any  site  for  constructing  a  building  thereon  for  the  exhibition  of
cinematograph films; or
(c) to construct or reconstruct any building for such exhibition, or
(d) to install any machinery in any place where cinematograph exhibitions are
proposed to be given, shall make an application in writing to the licensing authority for
permission therefor, together with such particulars as may be prescribed, and any provision
contained in 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 thereupon, after consulting such authority or officer
as may be prescribed, 3[and with the previous concurrence of the local authority concerned]
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:
1. Substituted by Act 22 of 1975 (w.e.f. 05.07.1975).
2. Substituted by Act 22 of 1975 (w.e.f. 05.07.1975).
3. Inserted by Act 22 of 1975 (w.e.f. 05.07.1975).
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1[Provided that the previous concurrence of the local authority shall not be necessary
for renewal of a permission under sub-section (1).]
7. Power of Government to issue directions.—The Government may, from time to time,
issue directions to any licensee or to license 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 to issue directions. —The licensing authority may, from
time to time issue directions to any licensee or to licensees generally requiring the licensee or
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.
2[8A.  Power  to  enter  place  of  cinematograph  exhibition,  to  inspect  licence  or  to
prevent  exhibition  without  licence  or  in  violation  of  the  provisions.—(1)  The  licensing
authority  or  any  person  authorised  by  him  in  writing  in  this  behalf  may  enter  at  any
reasonable time any place used for cinematograph exhibition and inspect the licence, if any,
issued under this Act.
(2) If the licensing authority or the person so authorised is satisfied that—
(a) there is no such licence; or
(b) the place is used for cinematograph exhibition in violation of any of the
provisions of this Act or the rules issued thereunder or of any condition or restriction upon or
subject to which the licence has been granted, the licensing authority  or  such  person  may,
without prejudice to any other action that may be taken in respect of such violation, prevent
the further exhibition of cinematograph films in that place without licence or in violation of
the provisions, conditions or restrictions aforesaid and may, for that purpose, use such force
as may be necessary:
Provided that before preventing the further exhibition of cinematograph films
in that place the licensee or other person exhibiting cinematograph films shall be given a
reasonable opportunity to show cause against the proposed action.]
1. Inserted by Act 22 of 1975 (w.e.f. 05.07.1975).
2. Inserted by Act 22 of 1960 (w.e.f. 13.10.1960).
6
9. Power of Government of 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 within his jurisdiction may,—
(i) if they or he are or is of opinion that any film which is being or is about to
be publicly exhibited is likely to cause a breach of the peace, or
(ii) for any other sufficient reason,
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 any place in the State or any part or district
thereof, as the case may be.
(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 be issued
in regard to him:
Provided that this sub-section shall not apply where the Government or the
District Collector proposing to issue the order are or is satisfied that owing to any emergency
or for some other reason to be recorded by them or 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 communicated to the person concerned as
soon as it becomes reasonably 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 District Collector, as the case may be, shall be final.
(4) Where an order under sub-section (1) has been issued by the District Collector, a
copy thereof, together with a statement of the 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, vary or discharge the order.
(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 force, 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 District Collector may review their own order.
10. Penalties.—(1) If the owner or person in charge of 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 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.
7
(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 continues to commit it, the licensing authority may by notice
warn the holder of the licence not to continue the offence. If the holder of the licence still
persists in committing the offence, the licensing authority may suspend the licence pending
the result of the prosecution.
11. 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  1[section 10 of the Kerala Local Authorities Entertainments Tax Act, 1961 (20 of
1961)], the licence may be revoked by the licencing authority by an order in writing.
(2) Where the holder of a licence has been convicted of an offence mentioned in
sub-section (1) and the licence has not been revoked by the licensing authority, the District
Collector may call for and examine the record of any proceeding taken under that sub-
section, call for any report in connection therewith and may pass such order in reference
thereto as he thinks fit:
Provided that no order shall be passed under this sub-section without giving an
opportunity to show cause to the party who may be affected by the order.
12.  Power to revise proceedings 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  further  enquiry  and  may  pass  such  order  in
reference thereto as they think fit:
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.
2[12A. Protection of action taken in good faith. —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 under this Act.]
13.  Power to make rules. —(1) The Government may, by notification, 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—
(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 the public safety;
1. Substituted by Act 22 of 1975 (w.e.f. 05.07.1975).
2. Inserted by Act 22 of 1960 (w.e.f. 13.10.1960).
8
(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 person submitting applications 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
reconstruction 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 by the licensing authority before granting or
refusing permission under section 6 and any other matter incidental thereto;
(j) the procedure for 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 than 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.
14. Power to exempt. —The Government or any officer authorised in this behalf may,
by order in writing, exempt, subject to such conditions and restrictions as they may impose:-
(i) any cinematograph exhibition to which public are not admitted or to which 
public are admitted without payment; or
(ii) any cinematograph exhibition 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:
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Provided  that  any  licence,  appointment,  notification,  order,  rule,  form  or  bye-law,
issued or made or deemed to have been issued 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.
1[THE SCHEDULE 
(See section 6)
1. The Kerala Panchayats Act, 1960 (32 of 1960)
2. The Kerala Municipalities Act, 1960 (14 of 1961)
3. The Kerala Municipal Corporations Act, 1961 (30 of 1961).]
____
1. Substituted by Act 22 of 1975 (w.e.f. 05.07.1975).

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