LexThe Telangana Cinemas (Regulation) Act, 1955.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA CINEMAS (REGULATION) ACT, 1955.
(PRESIDENT’S ACT 4 OF 1955.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent, commencement.
2. Definitions.
3. Cinematograph exhibition to be licensed.
4. Licensing authority.
5. Restrictions on powers of licensing authority.
6. Special provision for buildings constructed or
reconstructed solely for cinematograph
exhibitions.
7. Appeal.
7-A. Review.
8. Power of Government or District Collector to
suspend exhibition of films in certain cases.
9. Penalties.
9-A. Penalty for black marketing in the sale of tickets
for admission to cinematograph exhibition.
10. Power to revoke or suspend licence.
11. Power to make rules.
12. Power to exempt.
13. Repeal.
THE TELANGANA CINEMAS (REGULATION) ACT, 1955.1
PRESIDENT’S ACT 4 OF 1955.
1. (1) This Act may be called 2[the Telangana Cinemas
(Regulation) Act, 1955].
(2) It extends to the whole of the 2[State of Telangana].
(3) It shall come into force on such date 1 as the State
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires –
(1) ―cinematograph‖ includes any apparatus for the
representaion of the moving pictures or series of pictures;
3[(1-A) ―District Collector ‖ in relation to the cities of
Hyderabad and Secunderabad means the Commissioner of
Police;]
(2) ―Government‖ means the State Government;
1. Initially, the President enacted t he Andhra Cinemas (Regulatio n) Act,
1955 (Act No. IV of 1955). S ubsequently it was re -enacted permanently
by the Andhra Pradesh (Andhra Area) Re-enacting Act, 1956 (Act VI of
1956). It was extended to the transferred territories (Telangana Ar ea) by
the Andhra Pradesh Extens ion of Laws Act, 1958 (AP Act XXIII of 1958).
The Act came into force in Andhra Area on 27.03. 1955 and in Telangana
Area on 01.02.1960.
The short title of the said Act was subsequently changed as ―the Andhra
Pradesh Cinemas (R egulation) Act, 1955 (President’ s Act IV of 1955 )‖,
by Act IX of 1961. The said Act subsequently amended and in force in
the combined State as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in
G.O.Ms.No.17, Energy (Budget) Department, dated 31.05.2016.
2. Substituted by G.O.Ms.No.17, Energy (Budget ) Department, dated
31.05.2016.
3. Inserted by Andhra Pradesh Act XXIII of 1958.
Short title, extent,
commencement.
Definitions.
2 [Act No. 4 of 1955]
(3) ―notification‖ means a notification published in the
4[Telangana Gazette;]
(4) ―place‖ includes a house, building, tent and any
description of transport whether by water, land or air; and
(5) ―prescribed‖ means prescribed by rules made
under this Act.
3. 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.
4. The authority having power to grant licences under this
Act (hereinafter referred to as the licensing authority) shall
be the District Collector:
Provided that the Government may, by notification,
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 purposes of this Act.
5. (1) The licensing authority shall not grant a licence
under this Act, unless it is satisfied that-
(a) the rules mad e under this Act have been sub -
stantially 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 of the persons attending exhibitions
therein.
4. Substituted by G.O.Ms.No.17, Energy (Budget) Department, dated
31.05.2016.
Cinematograph
exhibition to be
licensed.
Licensing
authority.
Restrictions on
powers of
licensing
authority.
[Act No. 4 of 1955] 3
(2) Subject to the foregoing provisions of this section
and to the control of the Government, 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 Government may, from time to time, issue
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, films intended
for educational purposes, f ilms dealing with news and
current events, documentary films 5[indigenous films, or
such other films having special value for the public,
produced by the 6Telangana State Film Development
Corporation Limited and approved by the Government in
that behalf from time to time and the films approved by the
Central Government on the recommendations of the Central
Film Advisory Board] secure an adequate opportuni ty of
being exhibited and wher e any such directions have been
issued, those d irections shall be deemed to be additional
conditions and restrictions subject to which the licence has
been granted:
7[Provided that no direction issued under this section
shall require the licensee to exhibit any such film or films for
a duration not exceeding twenty minutes of the time taken
for the entire show.]
5. Substituted by Act No. 18 of 1995.
6. Substituted by G.O.Ms.No.17, Energy (Budget) Department, dated
31.05.2016.
7. Added by Act No. 18 of 1995.
4 [Act No. 4 of 1955]
6. (1) Nothing contained in the 8[Greater Hyderabad
Municipal Corporation Act, 1955 (Act II of 1956)] or in the
9Andhra Pradesh (Andhra Area) Places of Public Resort Act,
1888 or in 10[the Andhra Pradesh (Andhra Area) District
Municipalities Act, 1920 (Act V of 1920) ], or in 11[the Andhra
Pradesh Town Planning Act,1920 (Act VII of 1920) ], or in
12[the Andhra Pradesh (Andhra A rea) District Boards Act,
1920 (Act XIV of 1920),] or in 13[the Andhra Pradesh (Andhra
Area) Village Panchayats Act, 1950 (Act X of 1950) ], in
regard to—
(a) the grant of permission for the construction or
reconstruction of a building, or
(b) the grant of licence for the use of any place or
building for any purpose for which such licence is required
under those Acts, or
(c) the grant of permission to instal any machinery in
any place or building,
shall apply to the construction or reconstruction of, or the
use of, or the i nstallation of any machinery in any place or
building to be used exclusively for the holding of
cinematograph exhibitions; and in every such case, an
application for licence or permission referred to in any of the
clauses (a) to (c) a bove shall be made to the licensing
8. ―The Greater Hyderabad Municipal Corporation ‖ substituted by Act
No.13 of 2008.
9. Andhra Area Act.
10. Repealed by Act No.6 of 1965.
11. This has been extended to whole State of A.P. by Act 24 of 1981 and
is adapted to the State of Telangana vide. the Telangana Adaptation of
Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department,
dated.01.06.2016.
12. Andhra Area Act.
13. Repealed by Act No.2 of 1964 . Act 2 of 1964 is repealed by Act No.
13 of 1994. Act 13 of 1994 is repealed by Act No.5 of 2018.
Special provision
for buildings
constructed or
reconstructed
solely for
cinematograph
exhibitions.
[Act No. 4 of 1955] 5
authority under t his Act, in accordance with the rules made
in this behalf under this Act.
(2) Subject to the control of the Government and to any
rules made in this behalf, the licensing authority , after
making such inquiry as it deems fit and consulting the chief
executive officer (by whatever designation he may be
known) of the local authority concerned, may, for reasons,
to be recorded either grant or refuse to grant the licence or
permission applied for.
7. 14[(1)] Any person aggrieved by the decision of the
licensing authority, refusing to grant any licence or
permission under this Act may, within such time as may be
prescribed, appeal to the Government, or to such officer or
authority as the Government may specify in this behalf, and
the Government or the officer or the authority, as the case
may be, may make such order as is deemed fit.
15[(2) The Government or the officer or the authority as
the case may be, may stay the execution of any such
decision, pending the exercise of the power under sub -
section (1) in respect thereof.]
16[7-A. (1) The Government may, either suo-motu at any
time, or on an application recei ved from any person
interested within ninety days of the passing of an order
under section 5 or section 7 or section 10 or section 12
review any such order if it was passed by them under any
mistake whether of fact or of law or in ignorance of any
material fact:
14. Section 7 r enumbered as sub -section (1) of section 7 by the Act
No.3 of 1965.
15. Added by Act No.3 of 1965.
16. Inserted by Act No.21 of 1984.
Appeal.
Review.
6 [Act No. 4 of 1955]
Provided that the Government shall not pass any order
adversely affecting any person unless such person has had
an opportunity of making a representation.
(2) The Government may stay the execution of any
such order, pending the exercise of the powers under sub -
section (1) in respect thereof.]
8. (1) The Government in respect of the whole of the State
or any part thereof, and the Di strict Collector in respect of
any area within the local limits of his jurisdiction may, if it or
he is of opinion that any film which is being publicly
exhibited likely to cause a breach of the peace, 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 the State or in such par t thereof, or in such
area, as the case may be.
(2) Where an order under sub -section (1) has been
issued by the District Collector, a copy thereof together with
a statement of 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 confirm, modify or
cancel the order.
(3) An order made under this section shall remain in
force for a period of two months from the date thereof, but
the Government may, if it is of opinion that the order should
continue in force, direct that the period of suspension shall
be extended by such further period as it thinks fit.
9. 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, or of the conditions and restrictions upon
or subject to which any licence has been granted under this
Power of
Government or
District Collector
to suspend
exhibition of films
in certain cases.
Penalties.
[Act No. 4 of 1955] 7
Act, he shall be punishable with fine which may extend to
17[ten thousand rupees], and, in the case of a continuing
offence, with a further fine which may ex tend to 17[two
hundred rupees ] for each day during which the offence
continues.
18[9-A. (1) If the owner or person incharge of a
cinematograph exhibition either directly or through any
other person,-
(i) sells or allows to be sold, the tickets for admission
to cinematograph exhibition at any place other than the
licensed under this Act; or
(ii) sells or allows to be sold, such tickets at rates
higher than the maximum rates fixed therefor; or
(iii) re-sells or allows to be resold such tickets at rates
higher than the maximum rates fixed therefor either at the
licensed premises or elsewhere,
he shall be punished with simple impriosnment for a
term which may extend to three months or with fine which
may extend to one thousand rupees or with both.
(2) Whoever,-
(a) with a view to re -sell at rates higher than the
maximum rates fixed therefor, purchases, or keeps in his
possession, the tickets for admission to Cinematograph
exhibition in excess of the number normally required for use
by his family members and not more than four of his
guests; or
17. Substituted by Act No. 15 of 1976.
18. Inserted by Act No. 18 of 1995.
Penalty for black
marketing in the
sale of tickets for
admission to
cinematograph
exhibition.
8 [Act No. 4 of 1955]
(b) sells or allows to be sold such tickets at rates
higher than the maximum rates fixed th erefor ei ther at the
licensed premises or elsewhere shall be punished with
simple impriosnment for a term which may extend to three
months or with fine which may extend to one thousand
rupees or with both.
(3) Notwithstanding anything in the Code of Criminal
Procedure, 1973 an offence punishable under t he section
shall be cognizable.]
10. 19[(1)] Where the holder of a licence has been
convicted of an offence under section 7 of the
*Cinematograph Act, 1952 (37 of 1952), or section 9 of this
Act, the licence may be revoked by the licensing authority.
20[(2) If the licensing authority is satisfised, either on a
reference made to it in this behalf or otherwise, that –
(a) a licence granted under this Act has been
obtained by misrepresentation or fraud as to an essential
fact, or
(b) the licensee has, without reasonable cause failed
to comply with any of the provisions of this Act or of the
rules made thereunder, or any of the cond itions or
restrictions upon or subject to, which the licence has been
granted,
then, without prejudice to any other penalty to which
the licensee may be liable under this Act, the licensing
# The words ―or suspend ‖ inserted after the words ―to revoke ‖ by the
Act No.3 of 1965.
19. Section 10 r enumbered as sub-section (1) of section 10 by Act No.3
of 1965.
* Central Acts 37 of 1952 and 2 of 1918.
20. Sub-sections (2), (3), (4) and (5) added by Act No.3 of 1965.
Power to revoke
#[or suspend]
licence.
Central Act 2 of 1974.
[Act No. 4 of 1955] 9
authority may, after giving the licensee an opportunity of
showing cause, revoke or suspend the licence.
21[(2-A) Where a licence is liable to be revoked or
suspended under sub-section (2), the licensing authority
may, notwithstanding anything in sub -section (2) and for
good and sufficient reason s to be recorded in writing,
impose on the licensee a sum not extending rupees ten
thousand by way of penalty in lieu of such revocation or
suspension.]
(3) Where the licensing authority revokes or suspends
any licence under sub -section (2), it shall do so by an order
communicated to the licensee giving the reasons in writing
for such revocation or suspension.
(4) Any person aggrieved by the decision of the
licensing authority revoking or suspending a licence under
sub-section (2) 22[or imposing penalty under sub -section
(2A)] may, within such time as may be prescribed appeal to
the Government, and the Government may make such order
as they may think fit.
23[Provided that no appeal against the decision of the
licensing authority under 24[sub-section (2 -A)] shall be
entertained unless the licensee deposits the sum of penalty
specified in the decision aforesaid with such authority and in
such manner as may be prescribed.]
(5) The Government may s tay the execution of any
such decision, pending the exercise of their powers under
sub-section (4) in respect thereof.]
21. (2A) inserted by Act No. 15 of 1976.
22. Inserted by Act No. 15 of 1976.
23. Added by Act No.15 of 1976.
24. Substituted by Act No. 18 of 1995.
10 [Act No. 4 of 1955]
11. (1) The Government may, by notification, make rules
for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for-
(a) the terms, conditions and restrictions, if any,
subject to which licences and permissions may be granted
under this Act, the fees for such licences and permissions,
and the apportionment of such fees between the
Government and the local authority concerned;
(b) the regulation of cinematograph exhibitions for
securing the public safety;
(c) the time within which and the conditions subject
to which an appeal 25[under section 7 or section 10] may be
preferred and the fees to be paid in respect of such appeal;
(d) the regulation of the construction or
reconstruction of buildings for cinematograph exhibition ;
26[(e) the procedure for approval of films for the
purposes of sub-section (3) of section 5.]
26[(3) Every rule made under this Act, shall immediately
after it is made be laid before the Legislature of the State, if it
is in session and if it is not in session in the session
immediately following for a total period of fourteen days
which may be compri sed in one session, or in two
successive sessions and if, before the expiration of the
session in which it is so laid or the session immediately
following the Legislature agrees in making any modification
in the rule or in the annulment of the rule; the rule shall, from
25. Substituted by Act No.3 of 1965.
26. Added by Act No. 18 of 1995.
Power to make
rules.
[Act No. 4 of 1955] 11
the date on which the modification or annulment is notified
have effect only in such modified form, or shall stand
annulled 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.]
12. Where in the opinion of the Government reasonable
grounds exist for doing so, the Government may, by order in
writing exempt, subject to such conditions and restrictions
as it may impose, any cinematograph exhibitions or class of
cinematograph exhibitions from any of the provisions of this
Act, or any rules made thereunder.
13. The Cinematograph Act, 1918 ( Central Act II of 1918),
in so far as it relates to matters other than the sanctioning of
cinematograph films for exhibition, is hereby repealed:
Provided that any appointmen t, notification, order,
scheme, rule, form or by -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 been made or issued under the provisions of this Act,
unless and until it is superseded by any appointment ,
notification, order, scheme, rule, form or by e-law made or
issued under this Act.
* * *
Power to exempt.
Repeal.