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The Tripura Cinemas (Regulation) Act, 1985

Tripura · state statute
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Published in the
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EXTRAORDINARY ISSUE OF TRIPURA ‘GAZETTE'V
Agarrala, Friday, December-I3, 1985 AD.
'Agralzayana' 22, 1907 S. E.‘
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GOVERNMENT OF TRIPURALAW DEPARTMENT;
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E’ N0» F- 2(13)-LA‘.V/Leg/85 Dated, Agartala,‘ the 7th November, 1985.
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The following Act of the Tripura Legislative Assembly received ‘assentof the Governor on 20-10-1985 and is hereby published for general informationl.
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Tripura Act No. 9 of 1985.
THE TRIPURA‘CINEMAS- (REGULATION) ACT, 1985.
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An
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ACT '
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‘ato make provision for regulating exz’zzbmons by means of cmematograplzs
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an?! for matters connected therewith.
BE it enacted by the Legislature of'Tripura'in the Thirty» Sixth year of theRepublic of India as follows :e—
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1. Short title, extent and commencement :—
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(I) 'This Act may be called the Tripura Cinemas (Regulation) Act, 1931
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It extends to the whole of the State of Tripura.
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f (3)" 'It shall come into force at once'.
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{-2- Definitions :—-“
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In this. Act, unless there is anything repugnant in the subject or context.—'
(a). “Cinematograph" includes anyapparatus for the representationof moving pictures or series of PICIUTCS i
15(1)) “Film” means a cinematograph film;
((2) “Place” includes a house, building. tent and any description of 7-“
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'_ transport whether by water. land or an;
(d) “pre’scribel” means prescribed by rules made umlir this ,Avt.
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3 Cinematograph exhibitions to be licensed.
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Save as otherwise provided in this Act, no person shall give 211:1 aging:by means 'of a cinematograph elsewhere than in a place licensed '1111 cr 1
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or otherwise than in compliance with any condition and restrictions impose
by such licence.
4. Licensing authority.
The authority having power to grant licences under, this Act (hereinafter
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referred to as the licensing authOrity) shall be the District Magist1ate:
Provided that the State Government may, by notification in the OfliCial
Gazette, constitute for the whole or any part of the State of Tripuia such other
authority as it may specify in the
notificatiOn to be the licensing authority
for
the purposes of this Act.
5. Restrictions on powers of licensing authority:
(1) 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 compliedwith, and
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(b) adequate precautions have been taken in the place in 1espect
‘of which the licence is to be given, to provide for the safety
of
. ‘ persons attending exhibition; therein
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(2)
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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 peisons as that authority thinks fit and 011
such te1"ms' and‘ conditions and subject to
such 1estricti'ons
as it may
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determine.
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(3) Any person agg1ieved by the decision ot a licensing authority
refusing to grant a licence under this Act may within such time
as mav be prescribed appeal to the State Government 01 to such
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officer as the
Statre
Government may specify in this behalf 3. 1d the
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State Gover 1me tor the officer, as the case may be, ,-n1ay inane
such Cider in the case as. it 01 he thinks fit.
(4) The State Government- may, from time to time,
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is'sue direc—
tions to licensees geneially01 to any licensee in pa1ticula1' ‘91
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,1he pmpose of--1eg1_la ting the exhibition 111111111 film or class of
iilm5so that scientific films, mm; intended for educational pur
poses, films deal111;; with news and current events documentary
iilms 01 indiuenous illmss e'cuie an adequate op1ortu'1ity rot being
exhibited and Ni ere anys 1ch d1 1ections have been issued too11':
diicctions shall be de-:1_11ed to be additional cond1t1on1 andrestiic‘
tion subject' to Whic.1 the ll'V111.11 has been granted
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6._ Power of State Government or the District Maizistr1te tosuspendexhibition of films in certain cases :—
(1) Th.e State Government111 respect of whole of the State 151Triptll‘i
or any part theicof’ and the District Magistrate in msp'ect'of the
district with1:1 his jurisdiction may, if it 01 he be of opinion that any
film which is being publicly exhibitedlS likely to cause breach ofthe
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peace, by-order, suspend th
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lb-Ol district, {Whale-103.5% ”nay J; be,“,ip;Q‘/Jdcd,ii_tgl'la,tiiiilih9
(“mitt 2111;1g3m‘i.” may‘;~‘in‘{res‘becvefxlany s‘ubidiviisi‘onmvithinf“5‘6
tion to’cxergisgctlh
the sub-diVis‘ionalv[Magisti’ale’thavingtii jurisdic-
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$66,101,.
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(Bittfiiidhqttti tilt?!inks'erudir€12 havei.‘~b;e'sie'tsstéd bfy’. .
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flgl» u c or“ as th’e-‘ba's‘e '-nll£i‘y*b‘e,ethé,Sup-Diwsmflfl
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hagistrate,
a copy thereof together with”"";ii‘l8fatéfii’éiiif of reasons
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«gt ethOD;Shall.fQ.Et1?W£th, hectorwarded minim-nettle? ,Statefiovem‘
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mcnt whichiiiiayl.elthsi'icoufirmjipredisqhergeiitliétzgrdsti‘
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$3) [A31 order ina‘dcwundcri this sectiOHI2shall:.1"emaii1(in? forceifor a PeFiOd
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volt two lilo'iithrl“ fromithei'date.’thereofgrb'uij theiJnSxtatenGover 11111011"
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‘mflya' lfljlltHIS-‘Ofiopinion thatvtheezo’rderiShouldveontinne-in farce,
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direct th‘atthe‘period oflatispensi-on.;ghflu beiextendedrbyi such further
period ‘as it thinks fit.‘
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7. Penalties for contravention of this Act 3—-
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(1)”; if any person including the owner or the person in charge of a cinemati-
grqph ill-{HQ the
wimernl' n lows; it to be med or, iftlie owner or oecuDicr 0f
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place permits that/place to be used, in contravention of the rovsions oi” thii:
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Act ‘or ofthevrules made t ereunder or of .the conditions and restrictions upon
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exhibition;oliiitheyfilmi afidi‘i during
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or subject to whieh any/”licence has been granted ;under this Act, he shall be
punishable with imprisonment for a term which may extend to one year or with
fine which may extend to five thousand rupees or with both and in the case of
a continuing offence, with a further fine which may extend to one thousand
rupees for each day during which‘the offence continues.
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(2) Any olfencc‘ under this Act shall be cogniza'ble.
.8. Power to revoke licence :—-
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Where the holder ofia licence has been convicted of an offence under
section .7 of the Cineinatograph Act, 1952(XXXYII of 1952) or under section 7
, of this Act, the .[geence may be revoked by thellicensmg authority.
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9, Power to make rules :——'
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[(1). The State Governmfint may, by notification in the official
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Gazettes I-makc rules for the purpose of carrying into effect the
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'-'P:F0Visio_ns' Of this Act.
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(7) f [fixpa'rticular and without prejudice to the generality of the fore—
going pdvirers, rules made under thlSuSCCthll may provide for—
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(9.) ~‘Il‘thejltcfmg conditions and restrictions, if any, subject to which
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liee‘nces' may be granted under this Act;
(b) the reoulation of the cinematograph exhibitions for securingD
the'publ‘ic safety ;
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(e) the fees'to be levied for licensmg places for ciiicnutograph
exhibition ; and
(d) the time Within which and the conditions Subject to which an-
appeal under sub-section (3) of section 5 may be preferred.
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10. Power to exempt-z“.
‘The State Government may. by order in 'writing, exempt, subject to con- A;
ditions and restrictions as it may impose, any cincmatograph exhibition or
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classof cinematopgraph- eXhihitionsfrom any ofthe pI‘OVlSlOflS of this Act or
of: any rules made thereunder.-.
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11. Repeal and savings :-'-‘—V
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(l) The provisions of part .III of the Cinematograph Act, 1952 (Central
Act XXXVH 031952)} in its‘applica'tion- to‘ the State of Tripura is
hereby repealed.
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(2) Notwithstanding sneh repeal, every" action» taken, order passed,
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notificatimr published; licence issued ,' rule's'made or penalty imposed
nnder the repealed provisions of the aforesaid Act and are in force
Immediately before the commencement 'of this Act shall be deemed
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respectively to have been taken, passed, published; issued made'gor
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1mp05ed 'under the corresponding provisions of this Act.
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By order of the Governor,
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Deputy Secretary, Law
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