The UTTAR PRADESH CINEMAS (REGULATION) ACT, 1955
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH CINEMAS (REGULATION) ACT, 19551 (U. P. Act No. III of 1956) Amended by U. P. Act no. XLII of 1958 U. P. Act no. XXVII of 1974 U. P. Act no. VII of 1977 U. P. Act no. 21 of 1986 U. P. Act no. 12 of 1989 U. P. Act no. 32 of 1995 U. P. Act no. 08 of 2001 U. P. Act no. 27 of 2009 U. P. Act no. 07 of 2018 U. P. Act no. 02 of 2021 U. P. Act no. 10 of 2026 [Passed in Hindi by the Ut tar Pradesh Legislative Council on December 23, 1954 and by the Uttar Pradesh Legislative Assembly on December 12, 1955. Received the assent of the Governor on January 10, 1956 under Article 200 of the Constitution of India and was published in the Uttar Pradesh Gazette. Extraordinary, dated, January 23, 1956.] AN ACT to make provisions for regulating exhibitions by means of cinematographs [and video]2. Whereas it is expedient to make provisions for regulating exhibitions by means of cinematographs [and video] 3 in the State of Uttar Pradesh ; Short title extent and commencement It is hereby enacted as follows : 1. (1) This Act may be called the Uttar Pradesh Cinemas (Regulation) Act, 1955. (2) It shall extend to the whole of Uttar Pradesh. (3) It shall come into force on such date as the State Government may, by notification4 in the official Gazette, appoint. Definition 2. In this Act, unless there is anything repugnant in the subject or context,β 5[(a) ββappellate authorityββ means the State Government when the appeal is preferred against an Officer, notified by the State Government for this purpose and the Divisional Commissioner when the appeal is preferred against an order of the District Magistrate.] 1. For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary, dated December 15, 1954. 2. Ins. by s. 2 of U. P. Act no. 21 of 1986. 3. Ins. by s. 3 of U. P. Act no. 21 of 1986. 4. It came into force in the whole of Uttar Pradesh, in June 25, 1956 vide notification no. 1633-A/III-7(47)/ 52, dated June 23, 1956. 5. Renumbered and Subs. by sec. 2(a) of U.P. Act no. 7 of 2018 : (Ins. by s. 2 of U.P. Act no. 32 of 1995.) 2 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] 1(a-1) βCompetent Authorityβ means the local authority created or established under any law for the time being in force by the State Government which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property ; (a-2) βEntertainmentβ includes any e xhibition, performance, amusement, game, sport (including horse race), Direct-To-Home Broadcasting services, Cable Services, exhibition by means of cinematograph, Digital Projection System and Video, to which persons are admitted for payment and, in the ca se of exhibition by means of cinematograph and Digital Projection System includes exhibition news- reel, documentaries, cartoons, advertisements, shorts and slides, whether before or during the exhibition of a feature film or separately. It also includes any activity notified as entertainment by the State Government from time to time ; (a-3) βexhibition by means of videoβ means an exhibition to or in public on payment for admission of moving picture or series of pictures by playing or replaying a pre-recorded cassette or any other device, by whatever name called or by means of a video cassette player or any other apparatus, by whatever name called whether on the screen of a television set or video scope or otherwise ; (a-4) βMini Cinemaβ means a single sc reen cinema licensed for cinematograph exhibition or exhibition through digital projection system in a permanent building with seating capacity not exceeding 125. (a-5) βMultiplexβ means a group or conglomeration of two or more than two cinema halls wit hin the same premises with commercial, cultural and other entertainment related facilities ;]1 (b) βoccupierβ includes a managing agent or other person authorized to represent the occupier or having charge, management or control of the place on his behalf ; (c) βownerβ used with reference to any place includes any person receiving or entitled to receive the rent from the occupier ; (d) βplaceβ includes a house, building, tent or other structure and any description of transport whatsoever ; (e) βprescribedβ means prescribed by rules made under this Act ; and (f) βState Governmentβ means the Government of Uttar Pradesh. [(f-1) [ x x x x]2 1. Subs. by sec. 2(a) of U. P. Act no. 7 of 2018. (Earlier Ins. and re-numbered by s. 2 of U.P. Act no. 27 of 2009, Act no. 8 of 2001). 2. Omitted by s. 2(b) of U.P. Act no. 7 of 2018. 4 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] (f-2) [x x x x]1 2[(g) βvideoβ means any system by whatever name called, of recording on, or reproducing from [video cassette or any other device by whatever name called] 3 or transmitting through any recording medium or directly the moving visual images with or without sound.] (h) βVideo libraryβ means a place by whatever name called, where the business of selling or letting on hire or distribution or exchange or picture into circulation in any manner whatsoever, of moving pictures or series of pictures recorded on a [video cassette or any other device by whatever name called] 3 is carried on. [(i) Words and expression not defined in this Act but defined in [x x x x] 4 the Cable Television Network (Regulation) Act, 1995 shall the Cable Television Network 5[(Regulation) Act, 1995 shall have the meaning assigned to them in the said Acts.] Cinematograph exhibitions to be licensed 6[3. Save as otherwise provided in this Act, no person shallβ [(a) give an exhibition by means of cinematograph or digital projection system, or;]7 (b) give an exhibition by means of video, or (c) keep a video library.] (d) [ x x x x]8 elsewhere than in a place licensed under this Act, or otherwise than in compliance with the conditions and restrictions imposed by such license]6. Licensing authority 10[4. The authority having power to grant license under this Act (hereinafter referred to as the licensing authority) shall be the district magistrate ; 10[Provided that the State Government may, by notification in the Gazette, confer upon the [an officer notified by the State Government for this purpose]9 for the whole or any part of the State, such of the powers of the licensing authori ty under this Act, as it may specify in the notification, either concurrently with or to the exclusion of the District Magistrate: Provided further that where any of such powers are exercisable concurrently by the District Magistrate and [an officer, notified by the State Government for this purpose] 9 each of them shall keep the other informed of all orders passed by him, and in case of difference of opinion between them on any matter a reference shall be made to the State Government whose decision shall be final.]10 1. Omitted by s. 2(b) of U.P. Act no. 7 of 2018. ( Ins. by sec. 3(c) of U.P. Act no. 27 of 2000) 2. Renumbered and Ins. by sec. 2 (d) of U. P. Act no. 27 of 2009. 3. Subs. by sec. 2 (b) of U. P. Act no. 8 of 2001. 4. Omitted by s. 2(c) of U.P. Act no. 7 of 2018. 5 Ins. by sec. 2 (e) of U. P. Act no. 27 of 2009. 6. Subs. by sec. 3 of U.P. Act no. 27 of 2009 (Ins. by sec. 5 of U.P. Act no. 21 of 1986) 7. Subs. by sec. 3(a) of U.P. Act no. 7 of 2018. 8. Omitted by s. 3(b) of U.P. Act no. 7 of 2018. 9. Subs. by sec. 4 of U.P. Act no. 7 of 2018. 10. Subs. by sec. 3(a) of U. P. Act no. VII of 1977. 6 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] Permission for holding entertainment 1[4-A. (1) No entertainment on which any tax is livable, whether exempted from the liability to pay tax or not, shall be held without obtaining prior permission of the District Magistrate. (2) The Distr ict Magistrate may permit any such entertainment after satisfying himself that proper precaution has been taken for electrical and fire safety, law and order, public order and safety, and extra safety measure have been taken for any arrangement of air cooling or air conditioning facility and any other electrical installations at the place where the entertainment is proposed to be held. (3) Notwithstanding anything to the contrary contained in any provision of this Act or any other law for the time being in force, the District Magistrate or any other officer authorized by the State Government in this behalf, may prohibit the holding of such entertainment, if he is satisfied thatβ (a) the proprietor has given any false information which is likely to result in the evasion of tax ; (b) the proprietor has committed or likely to commit a breach of any of the provisions of this Act or the rules made thereunder; or (c) the holding of the entertainment is prejudicial to publ ic safety, decency or morality : Provided that nothing in this section shall apply to Direct-To- Home, cable services and all entertainments licensed under the provisions of this Act. Provisions related to the licensing and permission 1[4-B. (1) A license required for the entertainments, a s provided in section 3 may be granted by the licensing authority for a period not exceeding five years. (2) A permission as provided in section 4- A may be granted by the District Magistrate for the required period as mentioned in an application not exceeding five years. (3) On submission of an application complete in all respect the licensing authority or the District Magistrate shall grant or refuse to grant license or permission within 30 days from the date of receipt of an application in such mann er as may be prescribed by the State Government. On expiry of the said period, the license or the permission shall be deemed to be granted. 2 [β(4) The applicant shall submit his/her application on departmental web portal along with necessary documents and payment of fees (if any). If the application is complete in all respect and the applicant is eligible, the license or permission shall be granted through the web portal within thirty days and the same shall be sent through e- mail to the applicant. The Applicant may also download the said license or permission from the departmental web portal: Provided if the license or permission is obtained by misrepresentation of facts or concealment of facts or on the basis of forged documents then such license or pe rmission shall be deemed null and void and may be cancelled by the licensing authority or District Magistrate and legal action shall be taken against applicant.β] 1. Ins. by s. 5 of U.P. Act No. 7 of 2018. 2. Ins. by s. 2 of U.P. Act No. 2 of 2021. 8 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] Restrictions on the powers of licensing authority 5. (1) The licensing authority shall not grant a license under this Act, unless it is satisfied thatβ (a) the rules made under this Act have been substantially complied with, and [(aa) the building or other place in which cinematograph exhibition proposed to be givenβ [(i) is situated at a distance of not less than 200 meters from the Raj Bhawan, the State Government Secretariat or the High Court ;]1 (ii) [ **** ]2 (iii) [ **** ]3 (b) adequate precautions have been taken in the place, in respect of which the license is to be given to provide for the safety of persons attending exhibitions therein, (bb) [ **** ]4 [(c) the grant of license is not otherwise contrary to the public interest.]5 Explanationβ(1) [ **** ]6 [(Explanationβ(2) For purposes of clause (aa), the distance shall be measured from the outer boundary of the compound of the cinema building to the outer boundary of the compound, if any, of the other building mentioned in that clause.]7 [NOTEβThe certificate of actual measurement in Metre- Kilogram-Second (M. K. S.) system shall be provided by the Competent Authority or the person authorized by him.]8 (2) Subject to the foregoing provisions of this section and to the control of the State Government and the interests of the general public the licensing authority may grant licenses under this Act on such terms and conditions and subject to such restrictions as it may determine and on payment of such fees as may be prescribed. 1. Subs. by sec. 6(a)(i) of U. P. Act no. 7 of 2018. 2. Omit. by sec. 6(a)(ii) ibid. 3. Omit. by sec. 6(a)(ii) ibid. 4. Omit. by sec. 6 (b) ibid. 5. Add. by sec. 6 (b) ibid. 6. Omit. by sec. 6(c) of U.P. Act no. 7 of 2018. 7. Added by sec. 2 (iii) ibid. 8. Ins. by sec. 6 (c) of U. P. Act no. 7 of 2018. 10 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] (3) Any person aggrieved by the decision of a licensing authority refusing to grant a license under this act may, within such time as may be prescribed, appeal to [ the appellate authority and the appellate authority]1 may make such order in the case as it thinks fit. (4) The State Government may, from time to time, issue directions to licenses 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, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited and where any such directions have been issued, those directions shall be deemed to be additional conditions and restrictions subject to which the license has been granted. Power of the State Government or District Magistrate in suspend exhibition of films in certain cases Act XXXVII of 1952 6. (1) The State Government, in respect of the whole of the State of Uttar Pradesh or any part thereof, and the District Magistrate in respect of the district within his jurisdiction, may, if it or, he, as the case may be, is of opinion that any film which is being publicly exhibited, is likely to cause a breach of the peace by order, suspend the exhibition of the films and thereupon he films shall not during such suspension be exhibited in the State, part of the district concerned, notwithstanding the certificate granted under the Cinematograph Act, 1952. (2) Where an order under sub- section (1) has been made by a District Magistrate [****] 2 a copy thereof together with a statement of reasons thereof shall forthwith be forwarded by him to the State Government which may either confirm or discharge the order. (3) An order of suspension made under this section, shall remain in force for a period of two months from the date thereof, but the State Government may, if it is of opinion that the order should continue in force, direct that the suspension shall be extended by such further period as it thinks fit. Inspection 3[6-A. (1) The Licensing authority or an y other officer authorized by Inspection him in this behalf may, with such assistance as may be necessary, enter, inspect and search at any reasonable time, any place ordinarily used or suspected to be used for exhibition by means of cinematograph or video or for keeping [video library] 4 with a view to securing compliance of the provisions of this Act or the rules made thereunder [and may seize such films and video cassettes as are found being exhibited or kept in contravention thereof.]5 (2) Every officer, referred to in sub-section (1), shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 1. Ins. by sec. 3 of U. P. Act no. 32 of 1995. 2. Del. by sl. no. 9 of second Schedule to U. P. Act no. XLII of 1958. 3. Ins. by sec. 6 of U.P. Act no. 21 of 1986. 4. Subs. by sec. 7 (a) of U. P. Act no. 7 of 2018. (for words video library or television signal receiver agency) agency) 5. Ins. by sec. 4 of the U.P. Act no. 32 of 1995. 12 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] (3) Every officer, referred to in sub- section (1), may require a person who is suspected of contravening any of the provisions of this Act or rules made thereunder, to declare immediately his name and address, and if such person refuses or fails to give his name and address, or if the officer reasonably suspects him of giving a false name or address, the officer may arrest him and detain or get h im detained at the nearest police station and the provisions of section 42 of the code of Criminal Procedure, 1973 shall apply.]1 [(4) Every officer referred to in sub- section (1) shall gave the power to prevent any exhibition by means of [cinematograph or digital projection system or video]2 being given in contravention of the provisions of section 3 and may, for that purpose, use such minimum force as he may consider necessary in the circumstances of the case.]3 [(5) Every film or video cassette seized under sub- section (1) shall, as soon as may be, be produced before the court having jurisdiction which may make such order as it thinks fit for its proper custody. (6) Films and video cassettes seized under sub- section (1) shall be liable to confiscation by an order of the court having jurisdiction ; Provided that no order of confiscation shall be made until the expiration of one month from the date of seizure and without hearing any person who may claim any right thereto and considering the evidence, if any, which he produces in respect of his claim.]4 7. [(1) Notwithstanding anything contained in this act, where a license has been granted under section 5, it may be cancelled or revoked in the public interestβ (i) by the State Government, where the license was granted by the Government or by the licensing authority ; (ii) by the licensing authority, where the license was granted by such authority. (1-A) In particular and without prejudice to the generality of the power conferred by sub-section (1), a license my be cancelled or revoked under that sub- section on any of the following grounds, namely :β (a) that the license was obtained through fraud or mis-re- presentation ; or (b) that the licensing authority or the [appellate authority] 5 while considering the application or appeal, as the case may be, under section 5 was under a mistake as to a matter essential to the question of grant or refusal of license ; or 1. Ins. by sec. 6 of U.P. Act No. 21 of 1986. 2. Subs. by sec. 7(b) of U. P. Act no. 7 of 2018 (for words Cinematograph or Video) 3. Ins. by sec. 3 of U. P. Act no. 12 of 1989. 4. Ins. by sec. 4 of U. P. Act no. 32 of 1995. 5. Subs. by sec. 5 of U. P. Act no. 32 of 1995 (for words State Government). 14 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] (c) that the licensee has been guilty of breach of the provisions of this Act or the rules ma de thereunder or of any conditions or restrictions contained in the license, or of any direction issued under sub-section (4) of section 5 ; or (d) that on account of any change occurring in the situation of the place licensed, the continuance of the li cense is considered prejudicial to decency or morality ; or (e) that the licensee has been convicted of any offence under section 8 of the this Act or section 7 of Cinematograph Act, 1952.]1; (2) Where the State Government or the licensing authority is of the opinion that a license granted under section 5 should be [***] 2 cancelled or revoked, it shall, as soon as may be, communicate to the licensee the grounds on which the action is proposed to be taken and shall afford him a reasonable opportunity of making a representation against it ; [Provided that where the State Government or the licensing authority, as the case may be, is further of the opinion that the object of the action proposed to be taken would be defeated by delay, it may, while or after communicating to the licensee, as aforesaid, the grounds on which the action is proposed, pass an interim order suspending the license in the meantime.]3 (3) If after considering the representation, the State Government or the licensing authority, a s the case may be, is satisfied that the license should by [****] 4 cancelled or revoked, it may make an order accordingly and shall communicate it to the licensee stating in writing the grounds therefor. (4) Where the order [suspending a license under t he proviso to sub-section (2) or cancelling or revoking it under sub-section (3)] 5 has been passed by a licensing authority, any person aggrieved by the order may, within thirty days of the communication of such order to him, appeal to the [appellate authority]6 which may pass such order as it may may think fit. (5) The order of the [appellate authority]7 shall be final. 8[* * *] Compounding of offences [8-A. (1) Any offence punishable under this Act may, subject to any general or special order of the State Government in this behalf, be compounded by the Licensing Authority, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence. (2) Where the offence is so compounded,β (a) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ; 1. Subs. by sec. 3 (i) of U. P. Act no. 27 of 1974. 2. Omit. by sec. 3 (ii) (a) ibid. 3. Ins. by sec. 3 (ii) (b) of U. P. Act no. 27 of 1974. 4. Omit. by sec. 2 (iii) ibid. 5. Subs. by sec. 3 (iv) ibid. 6. Subs. by sec. 5(b) of U. P. Act no. 32 of 1995. 7. Subs. by sec. 5 (c) of U. P. Act no. 32 of 1995. 8. Section 8 Omitt. by THE SCHEDULE of U.P. Act No. 10 of 2026. 16 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] (b) after the institution of the prosecution the composition shall amount to acquittal of the offender.]1 Offence by companies 9. (1) If the person committing any offence under this Act is 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 offence 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 exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an 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 or manager, secretary or other office of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be preceded against and punished accordingly. ExplanationβFor the purposes of this sectionβ (a) βcompanyβ means anybody corporate and includes a firm or other association of individuals ; and (b) βdirectorβ in relation to a firm means a partner in the firm. Power to exempt 10. The State Government may, in the interests of the general public or any section thereof, by order in writing and stating the reasons therefor, exempt, subject to such conditions and restrictions as it may impose, 2[any exhibition or class of exhibitions by means of cinematograph or video or any video librarary] from any of the provisions of this Act or any rules made thereunder. Protection of action taken under the Act 11. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act or the rules made thereunder. (2) No suit or legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act or the rules made thereunder. Repeal Act II of 1918 12. (1) The Cinematograph Act, 1918 in so far as it relates to the matters other than the sanctioning of Cinematograph films for exhibition, is hereby repealed in the application to the State of Uttar Pradesh. 1. Subs. by sec. 7 of U. P. Act no. 21 of 1986. 2. Subs. by sec. 8 of U. P. Act no. 21 of 1986. 18 ββββββββββββββββββββββββββββββββββββββββββ [The Uttar Pradesh Cinemas (Regulation) Act, 1955] Act II of 1918 (2) Any [rule or order]1, made under the Cinematograph Act, 1918 and in force immediately before the commencement of this Act shall continue in force and be deemed to be a [rule or order]1, made under this Act ; and all appointment made, licenses granted, conditions or restrictions imposed and directions issued under any such [rule or order]1 and in force immediately before such commencement, shall likewise continue in force and be deemed to be made, granted, imposed or issued in pursuance of this Act. Power to make rules 13. (1) The State Government may, [****]2 make rules for the purposes of carrying the provisions of this Act into effect. (2) In particular and without prejudice to the generality of the foregoing power, rules made under this Actβ (a) for the situation and regulation of the places at which and the conditions subject to which 4[exhibition by means of cinematograph or video may be made or [video librarary]3 may be kept]4; 5[(aa) for the imposition charges not exceeding [two lakh rupees], on payment thereof exemption under section 10 may be granted from the provisions of the rules relating to the site or building to be used for exhibition by means of [cinematograph and video]6.]7 (b) for the fees to be levied for grant and renewal of [licenses under this Act]8 ; (c) for fees for inspection of places, electrical and other appliances and installations ; (d) for the terms, conditions and restrictions subject to which licenses may be granted ; (e) for inspection of electric appliance and other installations; (f) for the period during which and the conditions subject to which an appeal under this Act may be preferred. 9[(3) All rules made under this Act shall, as soon as may be after they are made be laid before each House of the State Legislature while it is in session for a total period of thirty days extending in its one session or more than one successive sessions, and shall unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.] Validation and Savings 10[13-A. The provisions of this Act as amended by the Uttar Pradesh Cinemas (Regulation) (Amendment) Act, 2017 shall also apply to the applications pending and approval given for construction of permanent building and license granted before the commencement of the said Act of 2017.] 1. Subs. by sec. 4 of U. P. Act no. 27 of 1974. 2. Omit. by sec. 5 (a) ibid. 3. Subs. by sec. 9 of U. P. Act no. 7 of 2018. (for words video library or television signal receiver agency) 4. Ins. by sec. 9(a) of U. P. Act no. 21 of 1986. 5. Subs. by sec. 9 of U. P. Act no. 7 of 2018. (for words fifty thousand) 6. Subs. by sec. 6 of U. P. Act no. 27 of 2009. 7. Ins. by sec. 5 of U. P. Act no. 12 of 1989. 8. Ins. by sec. 9(b) of U. P. Act no. 21 of 1986. 9. Ins. by sec. 5 (b) ibid. 10. Ins. by sec. 10 of U. P. Act no. 7 of 2018. 20 ββββββββββββββββββββββββββββββββββββββββββ
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