The NAGALND CINEMAS (REGULATION) ACT,1970

NAGALAND ACT 5 OF 1970 
THE NAGALAND CINEMAS (REGULATION) ACT 1969 
Received the assent of the President of India on the 25th March 1970 Published in the 
Nagaland Gazette – Extraordinary, dated the 25th March, 1970 
 
An Act to make provision for regulating exhibitions by means of 
cinematographs and the licensing of cinemas in the State of Nagaland. 
 
Preamble. – WHEREAS it is expedient to make provision for regulating exhibitions 
by means of cinematographs and the licensing of cinemas in the State of Nagaland. 
It is hereby enacted in the Twentieth Year of the Republic of India as follows:- 
Short title extent and commencement. – 1. (1) This Act may be called the Nagaland 
Cinemas (Regulation) Act, 1969. 
(2) It extends to the whole of Nagaland. 
(3) It shall come into force on such date as the State Government may, by notification 
in the Official Gazette, appoint. 
Definitions. – 2. In this Act, unless there is anything repugnant in the subject or 
context; 
“cinematograph” includes any apparatus for the representation of moving pictures or 
series of pictures; 
“place” includes a house, building, tent and any description of transport, whether by 
river, land or air; 
“prescribed” means prescribed by rules made under this Act. 
Cinematograph exhibitions to be licensed. – 3. Save as otherwise provided in this 
Act, no person shall give an exhibition by means of a cinematography elsewhere than in a 
place licensed under this Act, or otherwise than in compliance with any conditions and 
restrictions. 
Licensing Authority. – 4. Subject to provisions of section 5, the Deputy 
Commissioner, within the jurisdiction of his district or any other authority constituted by the 
State Government by notification in the Official Gazette (hereinafter referred to as the 
Licensing Authority) for the whole or any part of the State may grant licenses under this Act: 
Provided that no license shall be issued by the Licensing Authority except with the 
previous approval of the State Government and, in according such approval the State 
Government shall  take into consideration may accord its approval to the proposal submitted 
by the Licensing Authority or direct such authority to grant a license to any of the other 
applicants with or without such conditions as it may deem proper and in such cases such 
direction shall be deemed to be the previous approval of the State Government. 
Restriction on power of licensing authority. – 5. (1) The Licensing Authority shall 
not grant a license under this Act unless it is satisfied that – 
(a) the rules made under this Act have been substantially complied with; and 
(b)  adequate precaution have been taken in the place in respect of which the license 
is to be given to provide for the safety of persons attending exhibitions therein. 
(2) The State Government may, from time to time, issue directions to licenses 
generally or to any license in particular for the purpose of regulating the exhibition of any 
film or class or films, so that scientific films, films intended for educational purposes, films 
dealing with news and current events, documentary films or indigenous films secure an 
adequate opportunity of being exhibited, or where any such directions have been issued those 
directions shall be deemed to be additional conditions and restrictions subject to which the 
license has been granted. 
Power to divert license not to exhibit certain films. – 6. Power of the State 
Government or Deputy Commissioner 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 
Deputy Commissioner 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 Deputy 
Commissioner for issuing the order shall be communicated to the person concerned as soon 
as it becomes reasonably practicable to communicate the reason 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 Deputy Commissioner, as the case may be shall be final. 
(4) Where an order under sub-section (1) has been issued by the Deputy 
Commissioner, a copy thereof, together with a statement of the reasons therefore, 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 Deputy Commissioner may review their own 
order. 
Penalties for contravention of this Act. – 7. 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 and rules made 
thereunder or of the conditions and restrictions upon or subject to which any license has been 
given under the 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. 
Power to revoke license. – 8.  In the event of any contravention by the holder of a 
license of any of the provisions of this Act or Rules made thereunder or any of the conditions 
or restriction upon or subject to which the license has been granted to him under this Act or 
in the event of his conviction of an offence under section 7 of this Act or under section of the 
Cinematograph Act, 1952 (XXXVII of 1952), the licensing Authority may revoke the license 
or suspend it for such period as it may think fit. 
Appeals and Reviews. – 9. (1) Any person aggrieved by the decision of the 
Licensing Authority under any provision of this Act except an order passed under section 4 
may appeal to the State Government or to such officer as  the State Government may 
authorize in this behalf and the State Government or such officer, as the case may be, may 
make such order as it or he deems proper. 
(2)Appeal under sub-section (1) shall be filed within 15 days from the date of the 
order excluding the period required in obtaining the copy of the order provided that the 
Appellate Authority may extent the time for reasons found sufficient to its satisfaction. 
(3) Any person considering himself aggrieved by an order passed under section 4 for 
granting a license with the approval of the State Government may file an application for 
review of the order and the approval to the State Government within a period of 30 days from 
the date of the order and thereupon the State Government after giving a hearing to the parties 
concerned may – 
(i) reject the application, or  
(ii) where it is of opinion that sufficient ground for review has been established, grant 
the same, 
(1) by withdrawing its approval or direction issued under section 4 and remand 
the applications to the Licensing Authority concerned for fresh enquiry, or 
(iii) direct the Licensing Authority to issue the License to any of the applicants. 
(3) All appeals pending on the date of the commencement of this Act shall be 
disposed of in accordance with the provisions of this Act. 
Power to make Rules. – 10. (1) The State Government may, by notification in the 
Official Gazette, 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 
made under this Act may provide for – 
(a) the procedure in accordance with which a license may be obtained and the terms, 
conditions and restrictions, if any, subject to which a license may be granted 
under this Act; 
(b)  the regulation of cinematograph exhibitions for securing public safety; 
(c)  The time within which and the conditions subject to which an appeal under 
section 9 may be preferred. 
(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) Every rule made under this section shall be laid, as soon as may be after it is 
made, before the Nagaland Legislative Assembly while it is in session for a total period of 
fourteen days which may be comprised in one session or in two successive sessions, and if 
before the expiry of the session in which it is so laid or the sessions immediately following 
the Nagaland Legislative Assembly agree in making any modification in the rule or the 
Nagaland Legislative Assembly agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect 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.  
Power to exempt. – 11. The State Government may, by order in writing exempt 
subject to such conditions and restrictions as it may impose, any cinematograph exhibitions 
from any of the previous of this Act or of any Rule thereunder. 
Repeal and saving. -12. The Assam Cinema (Regulation) Act, 1953 (Act XIV of 
1953) in its application to the State of Nagaland and in so far as it relates to the regulation of 
Exhibition by means of cinematograph (including licensing of places in which 
Cinematograph films are exhibited), is hereby repealed – 
Provided that any appointment, notification, order, scheme, rules, 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 made or issued under the 
provisions of the Act, unless and until it is suspected by any appointment, notification, order, 
scheme, rule, form or bye-law made or issued under this Act. 
 

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