The Himachal Pradesh Cinemas (Regulation) Act, 1979

THE HIMACHAL PRADESH CINEMAS (REGULATION) ACT, 1979 

ARRANGEMENT OF SECTIONS 

Sections: 

1. Short title, extent and commencement. 

2. Definitions. 

3. Cinematograph exhibitions to be licensed. 

4. Licensing authority 

5. Restrictions on powers of licensing authority 

6. Power of the Government or local authority to suspend 

exhibition of films in certain cases. 

7. Penalties. 

8. Power to suspend, cancel or revoke licence. 

9. Power to make rules. 

10. Power to exempt. 

11. Repeal and savings. 

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THE HIMACHAL PRADESH CINEMAS (REGULATION) ACT, 1979 

(ACT NO. 4 OF 1979)
1
 

(Received the assent of the Governor, Himachal Pradesh on 1
st 

May, 

1979 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), 

dated the 7
th  

May, 1979,  pp. 1705-1711). 

An Act to make provisions for regulating exhibitions by means of 

cinematographs in Himachal Pradesh. 

BE it enacted by the Legislative Assembly of Himachal Pradesh in the 

Thirtieth Year of the Republic of India as follows:- 

1. Short title, extent and commencement.-(1) This Act may be 

called the Himachal Pradesh Cinemas (Regulation) Act, 1979. 

(2) It extends to the whole of Himachal Pradesh. 

(3) This Act shall come into force on such date as the Government 

may, by notification in the Official Gazette, appoint. 

2. Definitions.- In this Act, unless there is anything repugnant in the 

subject or context,- 

(a) "cinematograph" includes any apparatus for the representation 

                                                 
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh 

(Extra-ordinary), dated 7
th

 April, 1979, p. 1210. 



THE HIMACHAL PRADESHCINEMAS (REGULATION) ACT, 1979 2 

of moving pictures or series of pictures; 

(b)  "Government" means the Government of Himachal Pradesh; 

(c)  "notification" means notification published under proper 

authority in the Official Gazette; 

(d)  "Official Gazette" means the Rajpatra, Himachal Pradesh; 

(e)  "place" includes a house, building, tent and any description of 

transport, whether by sea, land or air; 

(f)  "prescribed" means prescribed by rules made under this Act. 

3. Cinematograph exhibitions to be licensed.- 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. Licensing authority.- The authority having power to grant licences 

under this Act (hereinafter referred to as the licensing authority) shall be the 

District Magistrate: 

Provided that the Government may, by notification in the Official 

Gazette, constitute for the whole or any part of Himachal Pradesh, such other 

authority as it may specify therein, 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 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. 

(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 it thinks fit, on payment of such fees and on such 

terms and conditions and subject to such restrictions as may be prescribed or 

may, after recording in writing its reasons therefor, refuse to grant any such 

licence. 

(3) Any person aggrieved by an order of the licensing authority 

refusing to grant a licence under this Act may, within such time as may be 

prescribed, appeal to the Government or to such officer as the Government 

may specify in this behalf and the Government or the officer, as the case may 

be, may make such order in the case as it or he thinks fit. 

(4) 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, films dealing with news and current 



 THE HIMACHAL PRADESHCINEMAS (REGULATION) ACT, 1979 3 

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 licence has been granted. 

6. Power of the Government or local authority to suspend 
exhibition of films in certain cases.- (1) The Government in respect of the 

whole of Himachal 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 the opinion that any film which is being publically exhibited is likely 

to cause a breach of peace, by order, suspend the exhibition of the film and 

during such suspension the film shall be deemed to be uncertified film in 

Himachal Pradesh, part of Himachal Pradesh or district, as the case may be. 

(2) Where an order under sub-section (1) has been issued by a District 

Magistrate, a copy thereof, together with a statement of reasons therefor, shall 

forthwith be forwarded by the District Magistrate to the Government, and the 

Government may either confirm or rescind the order. 

(3) An order made under this section shall remain in force for aperiod 

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. 

7. Penalties.-If the owner or person incharge 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 Act, he, as well as 

the manager, servants or agents of the person to whom the licence is granted, 

shall be guilty of an offence; and shall, on conviction, be punished with fine 

which may extend to one thousand rupees and, in the case of a continuing 

offence, with a further fine which may extend to one hundred rupees for each 

day during which the offence continues : 

Provided that, a person to whom a licence is granted shall not be 

guilty of an offence as aforesaid, if he proves that any offence committed by 

any person in his employ or on his behalf took place without his knowledge or 

consent, and that the employee or agent was not acting with his express or 

implied permission, and that he exercised all due diligence to prevent the 

commission of the offence or its continuation. 

8. Power to suspend, cancel or revoke licence.- (1) Notwithstanding 

anything contained in this Act, the Government or the licensing authority may 

at any time suspend, cancel or revoke a licence granted under section 5 on one 

or more of the following grounds, namely:- 

(a)  the licence was obtained through fraud or misrepresentation; 

(b)  the licensee has committed a breach of any of the provisions 

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

restriction contained in the licence, or of any direction issued 



THE HIMACHAL PRADESHCINEMAS (REGULATION) ACT, 1979 4 

under sub-section (4) of section 5; 

(c)  on account of any changes occurring in the locality of the 

place licensed, the continuance of the licence is considered 

prejudicial to decency or morality; 

(d)  the licensee has been convicted of an offence under section 7 

of this Act or section 7 of the Cinematograph Act, 1952 (37 

of 1952) or section 7 of the Punjab Cinemas (Regulation) Act, 

1952 (11 of 1952); 

(e)  the licensee has been convicted for not less than two times of 

an offence punishable under clause (a) of sub-section (1) of 

section 18 of the Himachal Pradesh Entertainments Duty Act, 

1968 (12 of 1968), or has compounded such offence for not 

less than two times under section 19 of that Act; 

(f)  a penalty under section 17 of the Act referred to in clause (e) 

has been imposed for not less than two times on the licensee. 

(2) Where the Government or the licensing authority is of the opinion 

that a licence granted under section 5 should be suspended, 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 showing cause against the action proposed to be taken. 

(3) If, after giving such opportunity, the Government or the licensing 

authority, as the case may be, is satisfied that the licence should be suspended, 

cancelled or revoked, it shall record an order stating therein the ground or 

grounds on which the order is made, and shall communicate the same to the 

licensee in writing. 

(4) Where the order suspending, cancelling or revoking a licence 

under sub-section (3) 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, prefer an appeal to Government which may pass such order as it 

thinks fit. 

(5) The order of the Government shall be final. 

9. Power to make rules.- (1) The Government may, by notification in 

the Official Gazette, make rules- 

(a)  prescribing the procedure in accordance with which a licence 

may be obtained and the terms, conditions and restrictions, if 

any, subject to which licence may be granted under this Act; 

(b)  providing for the regulation of cinematograph exhibitions for 

securing the public safety; 

(c)  prescribing the time within which and the conditions subject 

to which an appeal under sub-section (3) of section 5 may be 

preferred; 

(d)  regulating the means of entrance and exit at places licensed 



 THE HIMACHAL PRADESHCINEMAS (REGULATION) ACT, 1979 5 

under this Act, and providing for prevention of disturbances 

thereat; 

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

admission by whatever name called to a place licensed under 

this Act. 

(2) In making rules under this section the Government may provide 

that any person failing to comply with or contravening the provisions of any 

rule shall, on conviction, be punished with fine which may extend to one 

thousand rupees. A failure to comply with, or on contravention of the 

provisions of a rule made under clause (e) of sub-section (1) shall be a 

cognizable offence within the meaning of the Code of Criminal Procedure, 

1973 (2 of 1974). 

(3) The power to make rules under this section shall be subject to the 

condition of previous publication in the Official Gazette. 

(4) Every rule made under this Act shall be laid, as soon as may be, 

after it is made, before the Legislative Assembly while it is in session, for a 

total period of not less than fourteen days which may be comprised in one 

session or in two or more successive sessions, and if before the expiry of the 

session in which it is so laid or the sessions aforesaid, the Legislative 

Assembly makes any modification in the rule or decides that the rule should 

not be made, the rule shall thereafter have effect only in such modified form 

or be of no effect, 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. 

10. Power to exempt.- The 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 as also the 

premises or site intended to be used for cinematograph exhibition from any of 

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

11. Repeal and savings.-The Punjab Cinemas (Regulation) Act, 1952 

(11 of 1952) as in force in the territories added to Himachal Pradesh under 

section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) and Part-III of 

the Cinematograph Act, 1952 (37 of 1952) in its application to the areas 

comprised in Himachal Pradesh immediately before the 1
st
 November, 1966, 

are hereby repealed: 

Provided that anything done or any action taken (including any 

appointment made, notification, order or directive issued, rule framed, any 

licence issued, cancelled, suspended or revoked and any proceeding 

commenced or continued) shall, in so far as it is not inconsistent with this Act,  

be deemed to have been done or taken under the corresponding provisions of 

this Act and shall continue to be in force until superseded by anything 

lawfully done under this Act. 

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