the Gujarat Cinemas (Regulation) Act, 2004

Extra No. 23
REGISTERED NO. GlGNR/T

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Miami

@112 (Miami (Enuzrnmmt fiagntte
EXTRAORDINARY

PUBLISHED BY AUTHORITY

VOLXLV] FRIDAY;JUNE 18, 2004/JYAISTHA 28,1926

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may billed as I Seplnte Compilation.

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PART - IV

Acts of the Gujarat Legislature and Ordinances promulgated

and Regulations made by the Governon

The following Act of the Gujarat Legislature. having been assented

to by the Governor on the 17‘h June 2004 i h
'

information,

, s ereby published for general

s. s. PARMAR,

. ‘

Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.

GUJARAT ACT NOt 21 OF 2004.

“
(First published, after having received the assent of the Governor in

the Gu1arat Government Gazette". on the 18‘h June, 2004).

AN ACT

to provide for regulating-exhibitionsby means ofcinematographs and the

licensing ofplaces in which cinematograph films are exhibited in the State

ofGujarat

WHEREAS it is expedient to provide for regulating exhibitions

by means of cinematographs and the licensing at places in which

cinematograph films are exhibited in the State at Gujarat;

it is hereby enacted in the Fltty-tiith Year of the Republic ot

India as tollows:--

.
d

1. (1) This Act may be called the Gujarat Cinemas (Regulation) gramme
an

Act, 2004‘

(2) It extends to the wholeot the State of Gujarat.



to L») to

Definitions.

Clnematograph

exhibitions to

be licensed.

Licensing

authority.

Restriction

on powers of

llcenslng

authority.

GUJARAT GOVERNMENT GAZETTE. EX. 1876-2004 [PART 1V

2. in this Act, unless thereis anything repugnant in the subject or

context, -

(a) “cinematograph; includes any apparatus for the

representation, moving pictures or series ol pictures;

(b ) ”licensing authority“ means the authority empowered to

grant licences under section 4;

(c) "place” includes a house, building, tent and any

description 0! transport, whether by sea, land or air;

(d) "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 lincence.

4. The authority having power to grant licences under this Act shall

be-

(r) in areas for which a Commissioner of Police is appointed
under section 7 of the Bombay Police Act, 1951, such Commissioner;

and

(ii) elsewhere, the District Magistrate:

Provided that the State Government may. by notification in the

Official Gazette constitute tor the whole or any part of the

State 01 Gujarat 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 Ilncence under this

Act, unless it is satisfied that -

(a) the rules made under this Act have been substantially 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 at

persons attending exhibition therein.

(2) Subject to the provisions of sub—section (1), and to the control

V. of the State Government, the licensing authority may grant licences

Bom.XXll of

1951.



PART [V GUJARAT GOVERNMENT GAZETTE, EX. 18-62004

under this Act to such persons as that authority thinks tit and on

payment of such tees and on such terms and conditions and subject

to such restrictions as may be prescribed

(3) The State Government may, irom time to time, issue

directions to licensees generally or to any lincensee in particular tor

the purpose ol regulating the exhibition ot any film or class of films so

that scientific films, lilms intended for educational purposes, films

dealing with news and current events, documentary films or

indigenous iilms secure, an adequate opportunity oi 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 licence has been granted.

6. (1) The State Government, in respect of the whole of the State of

Gujarat or any part thereof, or the licensing authority, in respect of the

area within its jurisdiction, may, if it is of the opinion that any film

which is being publicly exhibited is likely to cause a breach of the

public order, by order, suspend the exhibition of the iiirn and during

such suspension, such film shail be deemed to be an uncertltied film

in the area specilied in the order.

(2) When an order under sub-section (1) has been issued by the

licensing authority, a copy thereof together'with a statement of

reasons therefor, shall forthwith be fonivarded by the licensing

authority to the State Government and the State Government may

either conlirm or annul the order.

(3) An order made under sub-section (1) shall. unless it is

annulled by the State Government under sub-section (2), remain in

force for a period of two months from the date thereof but the State

Government may, it it is at the opinion that the order should contintie

in force, extend the period of suspension lrom time to time for such

further period as it thinks til.

7. ii the owner or person in charge of a cinematograph uses the

same or allows it to be used, or if the owner or occupier at any place

permits that place to be used, in contravention oi the provisions oi

this Act or oi the rules made thereunder, or ot the conditions and

restrictions upon or subject to which any licence has been granted

under this Act or ii the owner or persons in charge of a

cinematograph contravenes any at the conditions or restrictions

imposed by an order oi exemption made under section 13, he shall

on conviction, be punished with line which may extend to one

thousand rupees and in the case ot a continuing offence with- a

lunher tine which may extend to one hundred rupees tor each day

Power at State

Government or

licensing

authority to

suspend
exhibition oi

lllms .

In certain cases.

Penalties tor

contravention

01 Act.



Power to

revoke or

suspend
licence.

Appeal.

Revision.

Review,

GUJARAT GOVERNMENT GAZETTE. EX. 1811—2004

during which the offence continues after conviction for the first such

offence.
'

8. In the event of any contravention by the holder of a licence of

any of the provisions of this Act or the rules made thereunder or of

any of the conditions or restrictions upon or subject to which the

licence has been granted to him under this Act or of any of the

conditions or restrictions imposed. by an order of exemption made

under section 13, or in the event of his conviction of an offence under

section 7 of this Act or section 7 cf the Cinematograph Act, 1952, the

licensing authority may revoke the licence or suspend it for such
,

period as it may think tit:

Provided that no licence shall be revoked or suspended unless

the holder thereof has been given reasonable opportunity to show

cause.

9. Any person aggrieved by an order of a licensing authority refusing
to grant a licence. or revoking or suspending any licence under

section a, may within such period as may be prescribed, appeal to

the State Government and the State Government shall, on such

appeal make such order as it thinks just and proper, and such order

shall, subject to provisions of sections 10 and 11, be final.

10. (1) The State Government may either of its own motion, or upon

an application by an aggrieved person made within such period as

may be prescribed, call for and examine the record of any order

made by licensing authority under this Act, and pass such order

thereon as it thinks just and proper.

(2) The State Government shall -

(i) before passing any order under sub-section (1), which is

likely to affect any person adversely, give such persons a

reasonable opportunity of being heard, and

(ii) record its reasons for passing an order under the said sub-

section

11. Any person who, considering himself aggrieved by an order of

the State Government under section 9 or 10, desires to obtain a

review of the order passed against him, on the ground of some

mistake or error apparent on the face of the record or on the ground
that some new tact has been discovered which could not be placed
earlier before the licensing authority or the State Government inspite
of due diligence on the part of such person, may, within such period

[PART [V

XXXVI! M1952.



PART IV GUJARAT GOVERNMENT GAZETTE, EX. 186-2004 23-5

as may be prescribed, apply for a review of the order to the State

Government and the State Govemment shall. after making such

inquiry as it thinks fit. pass such order as it considers necessary in

the circumstances of the case.
‘

12. (1) The State Government may by notification in the Official Power to

Gazette, make rules for the purpose of carrying into effect the makemles-

provisions ofthis Act.

(2) In particular and without prejudice to the generality of the

foregoing powers, such rules may provide for all or any of the

following matters, namely:-

(a) prescribing the procedure in accordance with which a

licence may be obtained and the terms, conditions and

restrictions, it any, subject to which licences may be granted
under this Act and fees for such licences;

(b) prescribing the period within which an appeal. under

section 9 or a revision application under section 10 or a review

application under section 11 may be made;

- (0). providing for the regulationof cinematograph exhibitions
for securing public safety;

(d) regulating the means~ of entrance and exit at places
licensed under this Act and providing for prevention of

disturbance there at;

(e) regulating or prohibiting the sale of any ticket or pass for

admission by whatever name called to a place licensed under

this Act.

(3) In making rules under this section, the State Government may

provide that any person failing to comply with or contravening the provisions
ofany rules shall, on conviction, be punished with fine which may extend up
to one thousand rupees.

(4) The power to make rules under this section shall be

subject to the condition of previous publication,

(5) All rules made under this section shall be laid for not less

than thlrty days Delete the House of the State Legislature as soon as

possible after they are made. and shall be subject to such

modifications as the State Legislature may make during the session

in which they are so laid or the session immediately following.

Hb-224~2



Power to

exempt.

Delegation of

power under

section 13.

Repeat and

savings.

GUJARAT GOVERNMENT GAZETTE, EX. 18-6-2004

(6) Any modifications so made by the State Legislature shall

be notified in the Official Gazette, and thereupon shall take effect.

13. The State Government may, by order in writing, exempt, subject
to such conditions and restrictions as it may impose, any

cinematograph exhibition or class of cinematograph exhibitions from

any 01 the provisions of this Act or of any rules made thereunder.

14. The State Government may, subject to such restrictions and

conditions as it may think fit to impose. by notification in the Official

Gazette, delegate to any of its officers the power conferred on it by
section 13.

15. (1) The Bombay Cinemas (Regulation) Act, 1953 is hereby

repealed.

(2) Notwithstanding such repeal of the said Act, anything done or any

action taken (including any rule or order made, notification issued or

appointment made) by or under that Act shall, in so far as it Is not

inconsistent with the provisions oi this Act. be deemed to have been

done or taken by or undervthis Act and shall continue to be in force

until superseded by anything done or any action taken under the

provisions of this Act.

mVERNt/[ENTCENTRAkaesspANDmNAG/‘R-

[PART [V

Horn. XI 01 1953.