Rajasthan Cinemas (Regulation) Act, 1952
No: 30 Dated: Dec, 27 1952
Rajasthan Cinemas (Regulation) Act, 1952
(Act No. 30 of 1952)
An Act to take provision for regulating exhibitions by means of Cinematographs.
Where AS it is expedient to make provision for regulating exhibitions by means of Cinematographs;
Be it enacted by the Rajasthan State Legislature as follows :-
1. Short, title, extent and commencement - (1) This Act may be called the Rajasthan Cinemas (Regulation) Act, 1952.
[(2) It extends to the whole of the State of Rajasthan.]
(3) It shall come into force on the date of its first publication in the [Official Gazetted].
2. Interpretation - (1) In this Act, unless the subject or context otherwise requires, -
(a) "Cinematograph" includes any apparatus for the representation of moving pictures or series of pictures;
[(aa) "Local Law" means a law relating to the establishment and powers of a local authority in force in any part of the State.
(b) "place" includes a house, building, tent and any description of transport, whether by land, water or air;
(c) "prescribed" means prescribed by this Act or by rules made thereunder; and
3. Cinematograph exhibitions to be licensed - Save as otherwise provided in this Act, no person shall give an exhibition by means of 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 State Government may by notification in the [Official Gazetted] constitute for the whole or any part of [the State of Rajasthan] such other authority, as it may specify in the notification to be the licensing authority for the purposes of this Act.
5. Restriction on powers of licensing authorities. - (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 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 persons a tending exhibition therein.
(2) Subject to the foregoing provisions of this section and to the control of the State Government, the licensing authority may grant licence under this Act to such persons as that authority thinks fit and on such terms and conditions and subject to such restrictions, as it may determine.
(3) Any person aggrieved by the decision of a licensing authority, refusing to grant a licence under this Act may, within such time as may be prescribed, appeal to the State Government or to such officer as the State Government may specify in this behalf, and the State Government or to such officer as the State Government may specify in this behalf, and the State Government or the officer, as the case may be, may make such order in the case as it or he thinks
[5A. Special provision for Cinema buildings. - (1) Nothing contained in any Local Law in regard to -
(a) the grant of permission for the construction and reconstruction of a building, or
(b) the grant of licence for the use of any place or building for any purpose for which such licence is required, or
(c) the grant of permission to install any machinery in any place or building, shall apply to the construction or reconstruction of the use of, or the installation of any machinery in any place or building to be used exclusively for the purpose of cinematograph exhibitions; and in every such case an application for such licence or permission shall be made to the licensing authority under this Act in accordance rules made under this Act.
(2) Subject to the control of the State Government and to any rules made in the behalf, the licensing authority after such enquiry, as it deems fit and consulting the local authority concerned may, for reasons recorded, either grant or refuse to grant the licence or permission applied for.]
6. Power of State Government to issue directions. - The State Government shall have power, from time to time to issue directions to licensee 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 licence under this Act has been granted.
7. Power to suspend exhibition of films in certain cases. - (1) The State Government in respect of the whole or any part of the [the State of Rajasthan] and the District Magistrate in respect of the district within his jurisdiction may, if it or he is of opinion that any films which is being publicly exhibited is like to cause breach of the peace, by order suspend the exhibition of such film and during such suspension, the film shall be deemed to be an uncertified film in such whole, part or district of [the State of Rajasthan].
(2) Where an order under sub-section (1) has been issued by a District Magistrate, a copy thereof together with, a statement of reasons therefore, shall forthwith be forwarded to the State Government [and the State Government may on a consideration of all the facts of the case confirm, modify, or cancel the order].
(3) An order 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 period of suspension shall be extended by such further period, as it thinks fit.