The SIKKIM CINEMAS (REGULATION) ACT,1978

SIKKIM
GOVERNMENT
';. .
,.
GAZETTE
EXTRAORDINARY
PUBLISHED· BY AUTHORITY
No. 139 Gangtok, Tuesday, September 26, 1978
LEGISLATIVE DEPARTMENT·
NOTIFICATION
No. 19/LL/78
Dated Gangtok, the 26th September, 1978.
The following Act of the Sikkim Legislative Assembly having received the assent of the Governor
on 25th day of September, 1978 is hereby published for general information.'-.. .
SIKKIM ACT NO. 20 OF 1,978
SIKKIM CINEMAs (REGULATION) ACT, 1978
AN
ACT
to make provisions for regulating exhibitions by means of C;:inematographs
in the State of Sikkim.
WHEREAS it is expedient to make provision for regulating exhibitions by means
of Cinematographs in the State ofSikkim :
It ishereby enacted in the Twenty-ninth year of the Republic of India by the
Legislature of Sikkim as follows;- '-'
I. (I) This Act may be called the Sikkim Cin~mas (Regulation) Act, 1978.Short title,
extent & commen-
cement. (2) It extends to the whole of Sikkim,
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless'there is anything repugnant in the subject or context;-
(a) "Cinematograph" includes any apparatus for the representation of moving pic-
tures 01 series of pictures;
(b) "place" includes a house, building, tent, enclosure, open space and any descrip-
tion of transport, whether byland, water or air;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "public exhibition" means an exhibition to which persons are admitted on pay-,
ment. '
3. (I) Save as otherwise provided in this Act no p.erson s all give a public exhi-
bition by means of a Cinematograph elsewhere than in a place in respect
\ of which alicence has been granted under this Act or otherwise than
in complaince with any' conditions and restrictions imposed by such
licence ..
(2) The State Government may, if it considers it necessary to do so, make an
order for regulating exhibitions other than public exhibitions and pre-
cribe rules and conditions for the purpose.
Definitions.
Cinematograph
exhibitions to
be licenced

Licensing Autho-
rity
Restrictions on
powers of licen-
sing authority-
Power of the
State Govern-
ment or District
.Magistrate to
suspend exhibi-
tion of films in
certain cases.
"
4. The author ityhavlng power to grant licences (hereinafter referred to ?
the licensing authority) shall be the District Magistrate within whose jurisdiction the
place, where the exhibitions by .means 'of cinematograph are proposed to be. given,
is situated:
Provided, that the State Government may, by notification in the OffiG~al
Gazette, constitute, for the whole or any part of the State, such other authority, as
it may specify in the notification, to be the licensing authority for the purpose of this
Act. ' -
S» (I) The licensing authority shall not grant licences under this Act, unless
it is satisfied that -
(a) the rules made under- this Act have been substantially complied With, and
(b) prescribed precautions' have been taken in the place, in respect of which
the licence is ,to be given, to provide for the safety of persons attending
exhibitions therein: . '
Provided that the licensing authority shall, before refusing to grant a
licence under this Act, giVethe applicant ail 'opportunity of showing cause.
(2) Subject to the provisions of this Act and the rules made thereunder, the
licensing authority may grant licences under this Act to such persons/as
that authority thinks fit and on such terms and conditions and subject to
such restrictions as it may determine. .
. (3) The State Government may.From time to time, issue directions to licensees
generally or, if in the opinion of the State Government circutnstances so
justify, to.any licensee in particular, for the purpose of regulating theexhi-
bition of any film or class of 111msand in particular the exhibition of scien-
tific films, films intended for, educational purposes, films dealing with
newS· and Current events, documentary films and where any .such
directions have been issued, those directions shall be deemed to be addi-
tional conditions and restrictions subject to which the licence has been'
granted.
(4) Any person aggrieved by the decision of a licensing authority granting or
refusing to grant a licence or by any other order of a licensing authority .
which is declared by rules made under. this Act to be appealable or by
the terms and conditions on which or the restrictions subject to which a li-
cence isgra'nted, may, within such time as may be prescribed, appeal to
the State Government or to such officer as the State Government 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 it or, he thinks fit.
6. (I) The State Government, in respect of the whole State or any part thereof,
and the District Magistl'ate in respect of the local area within his juris-
dictiorr may; if it or he is of opinion that any filmwhich is being publicly
exhibited is lik~ly to cause a"bi-each of the peace, by order, suspend the
exhibition ofthe filmand during such suspension the filmshall not be exhibited
in the State, part of the State, or local area; as the case may be.
; ,
I
""\
(2) - When an order under sub-section (I) has been issued by a District Magis-
trate, a copy thereof', together with a statement of reasons therefor,
shall forthwith be forwarded by the District Magistrate to th~ State Gover-
nment, and the State Government may either confirm or annu] , the order.
(3) Any order made un.der sub-section (I) shall, unless it is aimi.dled by the
State Government under sub-section (2), remain in force for a-period of
two months, but the State Government may, if it is of opinion hat the
.order should continue in force, direct that the period of suspension shall
be extended by such further period as it thiriks fit.

EXTRAORDINARY
PUBLISHED BY AUTHORITY
--_._----_._-_._-
No.9
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOk
No. 2/LD/1986. Dated the 25th January, 1986.
NOTIFICATION
The following Act of the Sikkim .Legislative Assembly having, received the a~sent ofthe Governor on 21st day of January, 1986, is hereby published for general information:--
THE SIKKIM CINEMAS (REGULATION) AMENDMENT ACT, 1985.
(ACT NO.2 OF 1986)
AN
ACT
[21.1.1986]
to amend the Sikkim Cinemas (Regulation) Act, 1978 (No. 20 of 1978).
Be it enacted by the Legislature of Sikkim in the Thirty-sixth Year of the
Republic of India asfollows:-
Short title, extent 1. (1) ThIS Act' may he called the' Sikkim Cinemas (Regulation) Amend-
and conimcncement. ment Act, 1985.
(2) It extends to thewhole of Sikkim.
(3) It shall come intoforce at once.
Amendment of 2. In the Sikkim Cinemas (Regulation) Act, 1978 (hereinafter referred
seaton2. to as the principal Act), in section 2,-
(a) in clause (e), after the words 'a filmon' and before the words
'screen' the word 'television' shall lyeinserted;
(b) after clause (e), the: following clause shall be inserted, namely i->
"(0 'Video Library' means a place, by whatever name called,
where the business of selling, letting on hire, distribution,
exchange or putting into circulation, in any manner what-
soever, of film for purposes of exhibition is carried on."
Insertion of new 4. In the principal Act, after section 3, the following section shed! be
section 3A. inserted, namely i->-
"Video iurarv to 3A. (l) No person shall keep any Video Library except under and
be licensed. ' in accordance with a licence granted undersub-section (1)
above. . ,

Amendment of
section 4.
Amendment of
section 4A.
Amendment of
Act No.8 of 1980.
"Power to enter,
search and seize.
8 of 1980.
20 of 1978.
20 of 1978
2
(2) Where a person keeps more than one Video Library,
whether in the same town or village or in different towns
or villages, he shall obtain a separate licence in respect of
each Video Library.
(3) Every person keeping a Video Library under this Act
shall, in respect of each film in his possession, produce
when demanded by an officer autborised by Government
in this behalf, a letter of consent from the person who is
the first owner of the Copyright of the Cinematograph
film under section 17 of the Copyright Act, 1957 (Act
XIV of 1957) and in case such copyright has been
assigned under section 18 of the said Act, from the
assignee of such copyright.
(4) No person who is granted a licence shall sell, let to hire,
distribute, exchange, or put into circulation in any manner
whatsoever, any film other than a film which has been
certified as suitable for public exhibition by the authority
constituted under section 3of the Cinematograph Act,
1952 (Act 37 of 1952) and which, when exhibited, display
the prescribed mark of that authority, and has not been
altered or tampered with in any way since such mark was
affixed thereto."
5. In the principal Act, in section 4, after the words "proposed to be
given" and before the words "is situated", the words "or the Video Library is
proposed to be opened" shall be inserted.
6. In the principal Act, in section 4A, after the words 'Video exhibition'
and before the word "shall", the words "and for keeping a Video Library"
shall be inserted.
7. In the Sikkim Entertainment Tax Act, 1980, after section 3B, the
following section shall be inserted, namely;-
3BB. Any officer authorised by the Government in this behalf, by
notification, may-
(a) enter, if necessary by force, whether by day or night, with such
assistance as he considers necessary, any premises, which he has
reason to suspect. are being used for purposes connected-with
the exhibition of films on the television screen through Video
Cassette Recorder or keeping a Video Library in contravention
of the provisions of the Sikkirn Cinemas (Regulation) Act, 1978
and the rules made thereunder;
search the premises and persons whom he may find therein;
take into custody and produce before the Magistrate mentioned
in section 3C,allsuch persons as are concerned or against whom
a reasonable complaint has been made or credible information
has been received or a reasonable complaint has teen received
or a reasonable suspicion exists of their having been concerned
with the exhibition of film or keeping a Video Library in con-
travention of the provisions of the Sikk irn Cinemas (Regulation)
Act, 1978 and rules made thereunder;
seize all things found therein which are intended to be used or
reasonably suspected to have been used in connection with such
exhibition of film or keeping a Video Library."
(b)
(c)
(d)
M. M. RASAILY,
Secretary to the Govt. of Sikkim,
Law Department.
F. No. 16 (65) LD/78.
PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM CINEMAS (REGULATION) ACT, 1978 (ACT NO. 20 OF 1978) AMENDED AND UPDATED UPTO JANUARY, 1986                                                                                                                                 

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