The Odisha Cinemas (Regulation) Act, 1954

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The Orissa Cinemas (Regulation) Act, 1954
Act 2 of 1954
Keyword(s):
Cinema, Place, Exhibition, Cinematograph
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The Orissa Cinemas (Regulation) Act, 1954

[Published vide Orissa Gazette Part X Dated.26.3.1954-O.A. No.2 of 1954.]

AN ACT TO MAKE PROVISION FOR REGULATING EXHIBITION BY MEANS OF
CINEMAS

Whereas it is expedient to make provisions for regu lating exhibition by means of
cinemas in the State of Orissa.

It is hereby enacted as follows:

[For Statement of Objects &: Reasons see Orissa Gaz ette Ext. No. 30/18.2. 1954.]
Statement of Objects and Reasons- In Cinematograph Act, 1918 (Central) there was no clear
demarcation of the subjects which can be dealt by t he .Central or State Governments. With a
view to separate the provisions which concern the C entral Government from those which
relate to the State Governments the Cinematograph A ct of 1952 was passed by the
Parliament. In this new Act Central Government in P art III of the Act has made provisions in
respect of Part ‘C’ States only which are directly under their administration. They directed
the State Government to have similar legislation fo r regulation of cinemas in the State. The
main purpose of the Act is to introduce a licensing system for exhibition of films. This
necessitated the introduction of the Bill.

1. Short title, extent and commencement- (1) This Act may be called the
Orissa Cinemas (Regulation) Act. 1954.

(2) It extends to the whole of the State of Orissa.

(3) It shall come in to force at once.

Notes-The general power To legislate with regard to cinem as is in the State Legislature and
covered by Entry 33. Part II of Schedule VII or the Constitution. Only a particular
power is reserved for the Union Legislature in Entr y 60 of List 1. viz., the sanctioning
of films/or exhibition.

2. Definitions- In this Act unless there is anything repugnant in t he subject or
context-

(a) “Cinema” includes any apparatus for the representat ion of moving
pictures or series of pictures:

(b) “Place” includes also a house, building, tent and a ny description of
transport whether by water, lard or air; and.

CASE LAWS-(i) Section 2-The opinion of the Local Officers necessa ry for carrying
out any particular trade or business, specially whe n it is based on local inspection-AIR 1960
Ori. 88 (93).
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(ii ) REFERRED TO:1989 (1) OLR 318 : 67 (1989) CLT 596: (1989) 2 OCR 212:
1989 Cri. L.J. 1960.

3. Cinematograph exhibitions to be licensed- Save as other wise provided in
that Act, no person shall give an exhibition by mea ns of a cinema elsewhere than in a place
licensed under this Act or otherwise than in compli ance with any conditions and restrictions
imposed by such licence.

CASE LAW -Section 3-Licence for cinematograph exhibition unde r-The licensing
authority to consider either to grant or reject a l icence-The State Govt. should not assume
powers which are conferred upon the licensing autho rity-Action of State Govt. is not
justified- AIR 1966 SC 1081.

4. Licensing authority-The authority having power to grant licences under this
Act .(hereinafter referred to as the licensing authority) shall be the District Magistrate:

Provided that the State Government may, by notifica tion, constitute for the whole or
any part of the State of Orissa such other authorit y as it may specify in the notification to be
the licensing authority for the purpose of this Act.

5. Restrictions on powers of licensing authority- (I) The licensing authority
shall not grant a licence 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 o f persons attending
exhibitions therein.

(2) Subject to the foregoing provisions of this section and to the control of the
State Government, the licensing authority may grant licences under this Act to such person as
that authority thinks fit and on such terms and con ditions and subject to such restrictions as it
may determine,

CASE LAWS-(i) Section 5 (1) and (2)-Restrictions on powers of lic ensing authority-
The order of refusing temporary licence on the grou nd of economic distress prevailing in the
concerned area-It is not violative of Article 19 (1) (g) of Constitution of India-ILR 1972 Cutt.
1058.

(ii) Section 5 (I) and (2) -Petitioner was refused te mporary licence by the R. D. C. -
Ground of refusal was that the area for which licen ce was to be granted was not suitable for
the purpose-On the other hand, petitioner was asked to choose another place for which
temporary licence could be granted-Not bad in law-AIR 1960 Ori. 88 (93).

(3) Any person aggrieved by the decision of a licensing authority refusing to
grant a licence under this Act may within such time as may be prescribed, appeal to the State
Government or to such officer as the State Governme nt may specify in this behalf and the
State Government or the Officer, as the case may be, may make such order in the case as they
or he thinks fit.
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(4) The State Government may, from time to time, iss ue 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, in tended for educational purposes, films dealing
with news and current events, documentary films or indigenous films secure an adequate
opportunity of being exhibited and where any such d irections have been issued those
directions shall be deemed to be additional conditi ons and restrictions subject to which the
licence has been granted.

[Inserted vide Act No. 26 of 1978, w.e.f., 6. 10. 1 978.][Explanation-For the purposes
of this sub-section “indigenous films” include film s in Oriya language produced outside the
State of Orissa but do not include films in languag e produced outside the State of Orissa but
do not include films in languages other than Oriya and films dubbed in Oriya language
whether produced inside or outside the State of Orissa.]

CASE LAW-Section 5 (4). Explanation-Distance of The cinema hall from the School-The
cinema house situated a far long away from School-T his is sufficient compliance of Rule 19
(a) (2) of the Orissa Cinemas (Regulation) Rules, 1964 - ILR (1979) 1 Cutt. 224.

6. Power of State Government or the District Magistrate to suspend exhibition
of films in certain cases- (1) The State Government in respect of the whole of the State of
Orissa or any part thereof and the District Magistr ate in respect of the district within his
jurisdiction may, if they or he be of opinion that any film which is being publicly, exhibited is
likely to cause breach of the peace, by order suspe nd the exhibition of the film and the film
shall not be exhibited in the whole or part of the State or district, as the case may be;

Provided that the District Magistrate hereinbefore specified may in respect of any
subdivision within the district, empower any Sub-di visional Magistrate having jurisdiction to
exercise such powers of the District Magistrate under this section.

(2) Where an order under Sub-section (I) has been is sued by the District
Magistrate a copy thereof together with a statement of reasons therefor shall forthwith be
forwarded by the person making the same to the Stat e Government which may either confirm
or discharge the order.

(4) An order made under this section shall remain in fo rce for a period of two
months from the date thereof, but the State Governm ent may, if they are of opinion that the
order should continue in force direct that the peri od of suspension shall be extended by such
further period as they think fit. .

[Re-numbered vide Orissa Gazette Ext. No. 1453/20. 10. 1986-Notfn. No.
15112/Legis./ 20. 10.1986.][1] If the owner or pers on in charge of a cinema 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 t he rules made thereunder or of the
conditions and restrictions upon or subject to whic h 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 m ay extend to one hundred rupees for each
day during which the offence continues.

[Inserted ibid.][(2) Notwithstanding anything conta ined in the Code or Criminal
Procedure. 1973 (2 of 1974), offence punishable under Sub-section (I) shall be cognizable.]
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8. Power to revoke licence- Where the holder of a licence has been convicted of an
offence under section 7 of the Cinematograph Act, 1 952 (XXXVI of 195-2) or under Section
7 of this Act the licence may be revoked by the licensing authority.

9. Power to make rules- (1) The State Government may, by notification make rules
for the purpose of carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the genera lity of the foregoing power rules
under this section may provide for

(a) the terms, conditions and restrictions if any, subj ect to which licences
may be granted under this Act;

(b) the regulation of the cinema exhibitions for securing the public safety;

(d) the time within which and conditions subject to whi ch an appeal under
Sub-section (3) of Section 3 may be preferred.

10. Power to exempt- The State Government may by order in writing exempt
subject to such conditions and restrictions as they may impose any cinema exhibition or class
of cinema exhibitions from any of the provisions of this Act or of any rules made thereunder.

CASE LAW -Section 10-Power of exemption-Locus standi of rival exhibitor to
question the legality of granting exemption-There w as only commercial interest of the
petitioner claiming to be person aggrieved Provisions discussed-ILR 1979 1 Cutt. 224 (DB).

11. Repeal -The Cinematograph Act, 1918 (II of 1918) in so far as t he provisions
contained therein relate to matters with respect to which the Legislature of the State of Orissa
has power to make laws, is hereby repealed.

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