LexThe Telangana Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1993.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA EXHIBITION OF FILMS ON TELEVISION
SCREEN THROUGH VIDEO CASSETTE RECORDERS
(REGULATION) ACT, 1993.
(ACT NO. 12 OF 1993)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Exhibition through Video Cassette Recorder to be
Licensed.
4. Video library to be licenced.
5. Grant or refusal of licence.
6. Permission for construction of buildings or installation
of machinery etc.
7. Power to issue directions.
8. Letter of consent.
9. Licensee to exhibit only certified films.
10. Power of Government or licensing authority to suspend
the exhibition of films in certain cases.
11. Power to revoke or suspend licence.
12. Penalties.
13. Offences by companies.
14. Power to enter, search and seize.
15. Confiscation of video cassettes, etc.
16. Cognizance of offence.
17. Offences under this Act to be cognizable.
18. Appeal.
2 [Act No. 12 of 1993]
19. Powers of revision.
20. Power to make rules.
21. Savings.
22. Protection of Acts done in good faith.
THE TELANGANA EXHIBITION OF FILMS ON TELEVISION
SCREEN THROUGH VIDEO CASSETTE RECORDERS
(REGULATION) ACT, 1993.1
ACT No.12 OF 1993.
1. (1) This Act may be called the 2Telangana Exhibition of
Films on Television Screen through Video Casse tte
Recorders (Regulation) Act, 1993.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification, appoint.
3[2. (1) “Cable operator” means any per son who provides
cable service through a cable t elevision net work or
otherwise controls or is responsible for the management
and operation of a cable television network;
(2) “Cinematograph” includes any apparatus for the
representation of moving pictures or series of pictures;
(3) “Company” means a Company as defined in
section 3 of the 4Companies Act, 1956;
(4) “DVD” means Digital Versatile/Video Disc;
1. The Andhra Pradesh Exhibition of Films on Television Screen through
Video Cassette Recorders (Regulation) Act, 1993 received the assent of
the President on the 5 th June, 1993. The said Act 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 Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.4 5, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Substituted with marginal heading by Act No.13 of 2005.
4. See now the Companies Act, 2013 (Central Act 18 of 2013).
Short title, extent
and
commencement.
Definitions.
Central Act 1 of 1956.
2 [Act No.12 of 1993]
(5) “Exhibition” means exhibition of cinemas, dramatic
performances, sports, entertainment s, audio -video
programmes and the like;
(6) “Film” includes c inematograph film or video tape
through which any series of visual images recorded on any
material can be shown as a moving picture;
(7) “Government” means the State Government of
5Telangana;
(8) “Licensing authority” means in relation to the Twin
Cities of Hyderabad City (i .e., Hyderabad and
Secunderabad), Cyberabad, Vijayawada and
Visakhapatnam, the Commissioner of Police, and elsewhere
the Collector of the District;
(9) “Licensee” means a person to whom licence is
granted under the Act;
(10) “Notification” means a notification published in the
5Telangana Gazette and the word notified shall be construed
accordingly;
(11) “Person” means,-
(a) an individual who is a citizen of India;
(b) an association of individuals or body of individuals
whether incorporated or not, whose members are citizens of
India;
(c) a company in which not less than fifty one percent
of the paid up share capital is held by the citizens of India;
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.12 of 1993] 3
(d) the person defined under General Clauses Act;
(12) “Pirated Cassette” means a film or DVD or VCD
which wa s produced without copyright in relation to a
cinematograph film or a record embodying any part of
sound track associated with the film;
(13) “Pirated Cassette holder” means a per son who
possesses the ca ssette or VCD or DVD which was made
against the copyright in relation to a cinematograph film or a
record embodying any part of s ound track associated with
the film;
(14) “Place” includes a house, building, tent and any
description of transport, whether by water, land or air;
(15) “Prescribed” means prescribed by rules made by
the Government under the Act;
(17) “Programme” means any television broadcast and
includes,-
(a) exhibition of films, features, dramas,
advertisements and serials through video cassette recorders
or video cassette players or VCDs or DVDs;
(b) any audio or visual or audio -visual live
performance or presentation; and the expression
“programming service” shall be construed accordingly;
(17) “Registering authority” means the registering
authority notified under clause (h) of section 2 of the Cable
Television Net works (Regulation) Act, 1995;
(18) “Subscriber” means a perso n who receives the
signal of cable television network at a place indicated by
Central Act 7 of 1995.
4 [Act No.12 of 1993]
him to the cable operator, without further transmitting it to
any other person or any Video Library subscriber;
(19) “VCD” means Video Compact Disc;
(20) “Video Cassette Recorder ” means a
cinematograph for the purpose of giving cinematograph
exhibition of films recorded on video cassette tape including
VCDs and DVDs of recording or exhibition;
(21) “Video library” means a place by whatever name
called, where the business of selli ng, letting on hire,
distribution, exchange, or putting into circulation in any
manner whatsoever, of films for the purpose of exhibition is
carried on.]
6[3. (1) Save as otherwise provided under the Act,-
(a) no person shall give an exhibition on Television
Screen,-
(i) through V ideo Cassette R ecorder without a
licence; and
(ii) in place other than that in respect of which
permission has been granted under section 6;
(b) subject to the provision of the sub-section (1),-
(i) no business other than the exhibition on
Television Screen through Video Cassette Recorder shall be
carried on in a place in respect of which permission has
been granted under the Act by any person and at any time;
6. Substituted with marginal heading by Act No.13 of 2005.
Exhibition through
Video Cassette
Recorder to be
Licensed.
[Act No.12 of 1993] 5
(ii) no person shall be in possession of VCD or DVD
which is contrary to the provision of the Act by any person
and at any time;
(iii) no person shall possess any pir ated video
cassette for exhibition of film or selling or buying or let on
rent or distribution.
(2) Nothing contained in clause (a) of sub -section (1)
shall apply to any exhibition on Television Screen through
Video Cassette Recorder for domestic purposes to th e
family members of a household.]
4. (1) Save as otherwise provided in this Act , no person
shall keep any video library except under, and in
accordance with a licence granted under this Act.
(2) Where a person keeps more than one video library
whether the same town or village or in different towns or
villages, he shall obtain a separate licence in respect of
each such video library.
(3) Every licence for keeping a video library shall save
as otherwise provided in this Act, expire on the last day of
the year in which it was granted, but may be renewed from
year to year.
(4) (i) No person shall carry on the business of
7[buying, letting, selling, supplying] or distributing recorded
video cass ettes 8[or VCDs or DVDs] except under and in
accordance with a licence granted under this Act.
(ii) No person shall record a film on a video tape 8[or
on a VCD or DVD] in any shop , studio or in any business
7. Substituted by Act No.13 of 2005.
8. Inserted by Act No.13 of 2005.
Video library to be
licenced.
6 [Act No.12 of 1993]
establishment except under and in accordance with a
licence granted under this Act.
(iii) A record shall be maintained by every licensee
showing the details of all video cassettes , 9[VCDs or DVDs]
required by him from time to time and the said re cord shall
be produced 10[to any Police Officer not below the rank of a
Sub-Inspector] on demand.
5. (1) The licensing authority shall , in deciding whether to
grant or refuse to grant or renew or refuse to renew any
licence under this Act have regard to the int erest of the
public generally and such other matters as may be
prescribed.
(2) The licensing authority shall not grant a licence
under this Act unless it is satisfied,-
(a) that the rules made under this A ct have been
complied with; and
11[(b) in the case of an application for the grant of a
licence for exhibition , buying, selling, letting, supplying or
distributing of film s, through record ed Video Cassettes or
VCDs or DVD s, that 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 exhibition therein.]
(3) The licensing authority may, by order in writing,
refuse to grant or renew a licence if su ch authority is
satisfied that,-
9. Inserted by Act No.13 of 2005.
10. Substituted by Act No.14 of 2011.
11. Substituted by Act No.13 of 2005.
Grant or refusal of
licence.
[Act No.12 of 1993] 7
(a) the applicant has not complied with the provisions
of this Act or the rules made thereunder in respect of the
application for the grant of a licence; or
(b) the applicant has made wilful default in complying
with, or knowingly acted in contravention of, any
requirement of this Act or the rules made thereunder or the
terms and conditions of, and restrictions in any licence
granted under this Act; or
12[(c) in the case of an applicant for a licence for
exhibition, buying, selling, le tting, supplying or distributing
recorded Video Cas settes or VCDs or DVDs such applicant
has been convicted of an offence under the Cinematograph
Act, 1952 or the 13Telangana Cinemas (Regulation) Act,
1955 or the 14Telangana Entertainments Tax Act, 1939.]
(4) An application for the grant or renewal of a licence
or permission under this Act shall be made in such manner
and within such time and shall be accompanied by s uch
fees as may be prescribed.
(5) Every licence or permission or the renewal thereof
shall be in such form as may be prescribed.
6. (1) Any person who intends,-
(a) to use any place for the exhibition of film on
television screen through video cassette recorder; or
12. Substituted by Act No.13 of 2005.
13. Adapted by G.O.Ms.No.17, Energy (Budget) Department, dated
31.05.2016 (President Act 4 of 1955, re-enacted by A.P. Act 6 of 1956).
14. This Act has been r epealed by the Telangana Goods and Services
Tax Act, 2017 (Act No.23 of 2017).
Permission for
construction of
buildings or
installation of
machinery etc.
Central Act XXXVII of
1952.
Act IV of 1955.
Act 10 of 1939.
8 [Act No.12 of 1993]
(b) to any site for constructing a building thereon for
the exhibition of films on television screen through video
cassette recorders; or
(c) to reconstruct any building f or such exhibition of
films; or
(d) to install any machinery in any place where such
films are proposed to be exhibited; or
(e) to use any place for keeping a video library; or
(f) to use any place to sell recorded video cassettes;
15[(g) to use any place to buy or sell or let or
distribute any VCD, DVD, or any other mode of recording of
moving picture.]
shall make an application in writing to the licensing
authority for permission thereof together with such
particulars as may be prescribed and any provision
contained in any other law or the rules made there -under in
so far as it relates to any of the matters specified above shall
apply to any application made under this section.
16[(2) The licensing authority shall thereupon , after
consulting such authority or officer as may be prescribed,
grant or refuse to grant permission and the provisions
relating to licences for exhibition , buying, selling, letting,
supplying or distributing recorded Video Cassettes or VCDs
or DVDs of films on television screen through video cassette
recorder shall, so far as may be, apply to permission under
this section.]
15. Added by Act No.13 of 2005.
16. Substituted by Act No.13 of 2005.
[Act No.12 of 1993] 9
7. 17[(1) 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 on Television Screen through Video Cassette
Recorder or the keeping of Video Library, to licensing
authorities; and every licencing authority shall give effect to
such orders and directions.]
(2) The licensing authority may, from time to time, issue
directions to any licensee or license es generally to whom
licence for exhibition of films is granted under this Act,
requiring the licensee or licens ees 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 any li censee to exhibit more than three such
slides at, or for more than four minutes in any one show.
8. (1) Every person exhibiting any film on television
screen through 18[Video Cassette R ecorder or VCDs or
DVDs],-
(a) licensed under section 5; or
(b) for domestic purposes to the family members of
the house-hold;
shall in respect of each film w hich he exhibits,
produce when demanded 19[by any officer of and above the
rank of Sub -Inspector of Police] in this behalf a letter of
consent for such exhibition from the person who is the first
owner of the copyright of the c inematograph film under
section 17 of the Copyright Act, 1957 and in case such
17. Substituted by Act No.13 of 2005.
18. Added by Act No.13 of 2005.
19. Substituted by Act No.14 of 2011.
Power to issue
directions.
Letter of consent.
Central Act XIV of
1957.
10 [Act No.12 of 1993]
copyright has been assigned under section 18 of th e said
Act from the assignee of such copyright.
(2) Every person keeping a Video library licensed
under this Act shall , in respect of each film in the
possession, produce when demanded 20[by any officer of
and above the rank of Sub-Inspector of Police] in this behalf
a letter of the copyright of the cinematograph film under
section 17 of the Copyright Act, 1957 and in case such
copyright has been assigned under section 18 of the said
Act, from the assignee of such copyright.
21[(3) Every person licensed under the Act, either to sell
or to record recorded video cassettes or VCD s or DVDs
shall in respect of each recorde d video cassette or VCDs or
DVDs in his possession, produce when demanded 20[by any
Officer of and above the rank of Sub-Inspector of Police ] in
this behalf a letter of consent from the person who is the first
owner of the copyright of the recorded video cassette under
section 17 of the Copyright Act, 1957 and in cas e such
copyright has been assign ed under section 18 of the said
Act, from the assignee of such copyright.]
9. 21[(1) No person licensed under th e Act to exhibit films
on television screen through video cassette recorders or
V.C.Ds or D.V.Ds shall exhibit or permit to be exhibited, any
film other than a film w hich has been certified as suita ble for
public exhibition by the authority constituted under section 3
of the Cinematograph Act, 1952 and which, when exhibited,
displays the prescribed mark of that authority and has not
been altered or tampered with in any way since such mark
was affixed thereto.]
20. Substituted by Act No.14 of 2011.
21. Substituted by Act No.13 of 2005.
Licensee to
exhibit only
certified films.
Central Act XIV of
1957.
Central Act XXXVII of
1952.
[Act No.12 of 1993] 11
(2) No person licensed under this Act for keeping a
video library shall sell , let on hire, distribute, exchange or
put into circulation in any manner whatsoever any film other
than a film which ha s been certified as specified in sub -
section (1).
22[(3) No person l icensed under the Act, for sell ing
recorded video cas settes or V.C.Ds or D .V.Ds shall sell, let
on hire, distribute, exchange or put into circulation in any
manner whatsoever any recorded video cassette or V .C.Ds
or D.V.Ds containing a film which has not been certified as
specified in sub-section (1).]
10. (1) The Government in respect of the whole of the State
or any part thereof and the licencing authority within his
jurisdiction, may, if of opinion that any film which is being or
is about to be publicly exhibited is likely to cause a breach
of the peace, by order, suspend the exhibition of such film
on television screen t hrough 22[Video Cassette Recorder or
V.C.Ds or D.V.Ds ] 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 there of as the case may be.
(2) Where an order under sub -section (1) has been
issued by the licencing authority a copy thereof, together
with a stateme nt 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 either
confirm or vary or annual the order.
(3) An order issued under sub -section (1) shall remain
in force for a period of two weeks from the date of its issue
but the Government may, if they are of opinion that the
order should continue in force direct that the period of
22. Substituted by Act No.13 of 2005.
Power of
Government or
licensing authority
to suspend the
exhibition of films
in certain cases.
12 [Act No.12 of 1993]
suspension shall be extended by such further period as they
may think fit:
Provided that the Government or the licensing authority
may review their own order.
11. (1) Where the holder of a licence for exhibition of films
23[on television screen through Video Cassette Recorder or
V.C.D. or D.V.D.] has been convicted of an offenc e under
clauses (a), (b) or (c) of sect ion 14 of the 24Telangana
Entertainments Tax Act, 1939 or has been permitted to
compound such offence under section 15 of the said Act, or
has been convicted of an offence under section 7 of the
Cinematograph Act, 1952 or of an offense under this Act,
the licence may be r evoked or suspended by the licensing
authority by an order in writing.
(2) If the licensing authority is satisfied either on a
reference made to it in this behalf or otherwise, that,-
(a) a licence granted under this Act has been
obtained by misrepres entation 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 terms and co nditions of
the licence, then w ithout prejud ice to any other penalty to
which the licensee may be liable under this Act, the
licensing authority may, after giving the licensee an
opportunity of, showing cause, revoke or suspend the
licence, by an order in writing specifying the reasons
therefor and communicate the same to the licensee.
23. Inserted by Act No.13 of 2005.
24. This Act has been repealed by Act No.23 of 2017.
Power to revoke
or suspend
licence.
[Act No.12 of 1993] 13
12. Any person who contravenes or attempts to contravene
or abets the contravention of the provisions of this Act or the
rules made thereunder shall on conviction be punishable
with impris onment for a term which shall not be less than
three months but which may extend to three years and with
fine which shall not be less than one thousand rupees but
which may extend to ten thousand rupees.
13. (1) Where an offence under this Act has been
committed by a company, every person who at the time the
offence was committed was in -charge of and was
responsible to the company for the conduct of the business
of the company as well as the company, shall be deemed to
be guilty of the offen ce and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub -section
shall render any such person liable to any punishment, if he
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section
(1) where any offence under this Act has been committed by
a company and it is proved that the offence has been
committed with the consent or connivance of or is
attributable to any neglect on the part of any Director,
Manager, Secretary or other Officer of the company such
Director, Manager, Secretary or other Officer shall be
deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation:- For the purposes of this section,–
(a) “Company” means any body corporate and
includes a firm or other association of individuals; and
Penalties.
Offences by
companies.
14 [Act No.12 of 1993]
(b) “Director” in relation to a film means a partner in the
firm.
14. (1) It shall be lawful for any Police Officer not below the
rank of 25[an officer of and above the rank of Sub -Inspector
of Police] elsewhere,-
(a) to enter , if necessary by force, whether by day or
night with such assistance as be considers necessary, any
premises, which he has reason to suspect, are being used
for purposes connected with the recording on any film or
the exhibition of films on the television screen through video
cassette recorder or keeping a video library or selling
recorded video cassettes in contravention of the provisions
of this Act;
(b) to search the premises and persons found
therein;
(c) to take into custody and produce before Ju dicial
Magistrate all such persons as are concerned or against
whom a reasonable compliant has been made or credible
information has been received or a reasonable suspicion
exists of their having been concerned with the exhibitio n of
film or keeping a video li brary or selling recorded video
cassettes in contravention of the provisions of this Act;
(d) to seize all things found therein which are
intended to be used or reasonably susp ected to have been
used in conne ction with such recording on any film or with
such exhibition of film or selling recorded video cassettes or
keeping a video library.
25. Substituted by Act No.14 of 2011.
Power to enter,
search and seize.
[Act No.12 of 1993] 15
26[(2) The powers of the nature referred to in sub -
section (1) may also be exercised by such officer as may be
empowered in this behalf by the Government.]
(3) All searches under this section shall be made in
accordance with the provisions of the Code of Criminal
Procedure, 1973.
15. (1) Whenever an offence has been committed which is
punishable under this Act, the video cassettes the video
cassette recorder, the television set , 27[VCDs, DVDs] and
other equipment used in the commission of the offence shall
be liable to confiscation by an order of the Magistrate trying
the offence.
(2) A Magistrate trying an offence under this Act shall
not order release of any property alleged to have been used
in the commission of the offence until the disposal of the
case.
16. No Court other than the Court of a Magistrate of the
First Class shall take cognizance of or try an offence under
this Act.
17. Notwithstanding anything contain ed in the Code of
Criminal Procedure, 1973 , every offence punishable under
this Act, shall be a cognizable offence.
18. (1) Any person aggrieved by a n order of the licensing
authority refusing to grant or renew a licence or an order
revoking or suspending a licence under this Act, may, within
such time and on payment of such fee as may be
prescribed, appeal to the Government.
26. Substituted by Act No.14 of 2011.
27. Inserted by Act No.13 of 2005.
Central Act 2 of 1974.
Confiscation of
video cassettes,
etc.
Cognizance of
offence.
Offences under
this Act to be
cognizable.
Central Act 2 of 1974.
Appeal.
16 [Act No.12 of 1993]
(2) the Government may stay the execution of any such
order pending exercise of its powers under sub -section (1)
in respect thereof.
19. The Government may , either suo motu or on
application call for and examine the record of the licencing
authority in respect of any proceedings under this Act, to
satisfy themselves as to the legality or regularity of such
proceeding or the correctness, or propriety of any order
made therein; and if in any case it appears to them that any
such proceeding or order should be modified, annulled,
reversed or remitted for reconsideration, they may pass
orders accordingly:
Provided that e very application to the Government for
the exercise of the powers under this section shall be
preferred within such time and accompanied by such fee as
may be prescribed.
(2) No order prejudicial to any person shall be passed
under sub -section (1) unless such person ha s been given
an opportunity of making his representation.
(3) The Government may stay the proceeding or the
execution of the order pending the exercise of their power
under sub-section (1) in respect thereof.
20. (1) The Government may, by notification, make rules
for carrying out all or any of 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, if any,
subject to which licences and permissions may be granted
under this Act, the fees for such licences and permissions,
Powers of
revision.
Power to make
rules.
[Act No.12 of 1993] 17
and the apportionment of such fee, between the
Government and the local authority concerned;
(b) the regulation of cinematograph exhibitions for
securing the public safety.
(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 comprised 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
the date on which the modification or annulment is notified,
have effect only in such modified form or s hall stand
annulled, as the case ma y be , so however that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
21. (1) Every person,-
28[(i) exhibiting any film on television sc reen through
video cassette recorder or V.C.Ds or D.V.Ds; or]
(ii) keeping any vide o library, or selling , 29[buying,
letting on hire or distributing ] recorded film cassettes;
immediately before the commencement of this Act, shall
obtain a licence under this Act, within a period of four weeks
from such commencement.
28[(2) If the person referred to in sub -section (1) fails to
obtain the licence within th e period mentioned in sub -
28. Substituted by Act No.13 of 2005.
29. Inserted by Act No.13 of 2005.
Savings.
18 [Act No.12 of 1993]
section (1), he shall discontinue such exhibition and in the
case of video library, he shall close such video library and in
the case of se lling, buying, letting on hire or distributing
recorded film cassettes, discontinue such transactions.]
(3) Nothing in the 30Telangana Cinemas (Regulation)
Act, 1955 shall apply to exhibition of film on television
screen through video cassette recorders.
(4) Save as otherwise provided in sub -section (3), the
provisions of this Act, shall be in addition to and not
derogation of the Cinematograph Act, 1952 and the
31Telangana Entertainments Tax Act, 1939 , and any other
law for the time bung in force; and nothing contained therein
shall exempt any person from any proceeding by way of
investigation or otherwise which might, apart from this Act,
be instituted against him.
22. No suit, prosecution or other legal proceeding shall lie
against any officer of the Government for anything which is
in good faith done or intended to be done under this Act, or
the rules made thereunder.
* * *
30. Re -enacted in Andhra Pradesh Act VI of 1956 and adapted in
G.O.Ms.No.17, Energy (Budget) Department, dated 31.05.2016.
31. This Act has been repealed by Act No.23 of 2017.
Act IV of 1955.
Central Act XXXVII of
1952.
Act X of 1939
Protection of Acts
done in good
faith.