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The Tamil Nadu Cinemas (Regulation) Act, 1955

Act 9 of 1955

Keyword(s): Cinematograph, District Collector, Place Amendments appended: 38 of 1986, 24 of 1987, 48 of 1987, 11 of 1994, 30 of 1997, 3 of 1998

'[TAMIL NA'DU] ACT No. I S 01; 1955?

(Received tlre assofit of the Gover.,:or on the 19t R April1955 ; firrt pribliskztl i ~ z the Fort St. Gecrgo Gazette on the 27th lqwil1955.)

An Act to provide for the regula t io~~ of cxl~ibitions by nxans of cincmalographs i n thc 3[Yratt ofTnn:ilNadu].

WHER~AS it is C X I ) C ~ ~ C ~ L to providc for 1 he t 'cg~~latjon of exhibitioos by meails of cincrniltog~.aphs i n t hc S[State of Tamil Nadu] ;

BE it cnactcd in t l x Sixth year of (hi: Republic of litdin as follows :--

1. (I) This Act m a y be callid t l ~ c l [ T i i ~ ~ ~ i l Nadu] Short title, Cinemas (Regula.tion) Act, 1955 ; extent and

commence- mznt . (2) It extends to ti13 whole ci' thc: 3 [ S ~ ~ t e of Tarnil.

Nadu. 1

(3) It shall come into fxce on *such datc as the Government may, by notification, appoint. - -..-. -- - ., ..- - ----

*These word. were substituted for tlre word 4~Madras"by the Tamil Nadu Adaptat ion of Laws Order, 1963, as ;\mended by the Tamil Nadu Adaptaiion af Laws (Second Amenclment) Order, 1969.

2For Statcmen t o f Objects and Reasons, sec Fort St. Ceorm Gazette, Extraardinary dated the 6th December 354 , Part IV-A, Page 328.

This Act was extcnded to the Ka~ryakumari district and the Shencottah taluk of the Tirunelveli dislrict by section 3 of, avd the Schedule to, the Tarnil Nadu (Transfc~.rcd Territory) Extension of Laws,. Act, 1957 (Taxnil Nad11 Act XXIl of I957), repealing the corresponding law i : ~ force in that territory.

'This Act was extended to the added. territories by section 3 of, and the First Schedule to, the Tamil Natl~t (Added Tel-1-itories) Exten* sion of Laws Act, 1952 (Tamil Nadu Act 14 of 1962), repealing the corresponding law i n fot cc i n +!lc>cc tarritoric'q.

aThis exprcssian tjr,:.: s ~ ~ b s f i t l ~ t e d for the cxpression .'State of Madras" by thc T:!i,iil Nadu Arlnplnti~tr~ c ) f I,aws Qrdcr, 1969, as; :tmcnded by I llc rl'anlil N:.tdla .2ctnpr:l ioi; OF T,:IWC (S~COILC!, Amet~dment) Order, 1069.

*Ganc into ft3rc.i: on the 30th h'l:ty 135t';.

. a' 1, ., r ' t J$; '. s h y

- ." 2. In thhb Act, gnless the &ate& *t heTW& re~&&.&&&$$ddgJ . - - : a L * - - . < * 8 - &.. 1 *

-. - . +;; 7 .y *n

, - ( I ) a.'cinemtograph" indnds any ' f~ Wi -- - . * - - - k~ + - . .,. - % reprepresenfation of mSngpictmes or rcr it5=es; 8 -

. . (2) "District Collec@r'' in relation to ihepresidency- ' . tow*, means the Commissioner of Police, Madras;. .

(3) ''Government" means the St at& Government ; , .

. ' (4)' "notification" means a notification publ ishem the **Fort. St. George Gazette; - , . .

(5) "place" includes a house, building, tent and any description of transport, whet her by water, land or air ;:#

(6). 'cprescribed" means preecribed by rules made .

under this Act. ,

3. Save as otherwise provided in this Act, no personcinemata- shallgive anexhibition by means of a cinematographelse- graph.

exhibt4 ions where than in a place licensed under this Act, or otherwise than in compliance with any conditions and restrictions imposed by such licence.

'[3-A. NO per ion shall be eligible for apply: n'n g f& a DisqualiLation licence if he has been convicted of an o ffcnce und.el clause for holding a (a) or clausc (c) ofsection ofthc 2[TamilNadu] Entar- licence,

tainments Tax Act, 1939 (2[Tamil Nadu] Act X of 1939), unless a period of two years has elapsed since his conviction.

4.1 The authority having power to grant licences under Licensing this Act (hereinafttr referred to as the licensing au1horiiy)i~thorit~. shall be the District Collector; +

Provided that the Government may, by notification , constitute, for the whole or any part cf the State, such other authority as it may specify in the notification to be the licensing authority for the purposes of this Act. - ---

**Now the Tamil Nadu Government Gazette. a

' . - I IThis section was inserted by section 2 o ' the Tamil Nadu Ci'nemas (Regulation) Amendment Act, 1964 (Tamil Nadu Act 20,of 1964). ' > . -

a ,These words were substituted. for the word "Madras" by. the Tamil Nadu Adaptation of Laws Order, 1969, a; amended by' the Tamil Nadu Adaptation oS Laws (Second Amendment) Order, 1969. .

1 ' i . , *-

1955: T.N. Act IX] Cinemas (Regulat fon) 459- ' d 7

' (3) Tha licensing authority may, aft er consideration of the matters setforth in sub-section (1), limit the number ' of places in any area i n respect of which licences under this Act may be granted.

(4) The Gcvernment may issue: such orders and directions of a general r;ila~ acte~s'as they may consider necessary, in respect of any matter relating to licences for the exhibition of' cinematograph films, to licensing autho- rities ; and ever g licensing authority shall give effect to such orders and directions.

(5) Subject to the foregoing provisions of this section, the licensing aiithority may grant licences under this Act to such persons and on such terms and conditions and subject to such restrictions as it may determine. Where the licensing authority refuses to grant any licence, it shall do so by an order communicated to the applicant, 'giving the. . , reasons in writing for such refwal.

. - (6) Every licence under this Act shall be personal to , . . *

i: the person to whom it is gonted and no transfer or ' . . ,. ' Ja

. . a: : m r , J$, assignment thereof whether absolute or by way of sccurit y. +.

* ' :'**P

or otherwise shall be valid unless approved in writing , A "r;-..*% ',y? - -

by the licensing authority. I

(7) Any person aggrieved by '[the decision of the licensing authority granting, or refusing to grantb a licence

. under this Act or approving, or refusin$; to approve, any transfer] or assignment thereof, may, vithin such time as may be presclibed, appeal to such authority as the. Government may specify in this behalf and such authority

', m y make suchorder in the case aait may think fit. .

'-%[(8) The appellate authority referred to in sub- section (7) may stay the execution of any such decision; pending the exeircise of its powers under sub-section (7) in t,

respect thereof.] - -.

l ~kkse words were substituted for the words "the decision of the licensing authority refusing to grant a licefice under this Act .or refusing,to approve any transfer" by section 2 (i) of the Tamil Nadu C~nemas (Regulation) Amendment Ad, 1961 (Tamil Nadu Act 4 of 1961).

2This sub-section was added by section 2 (ii) of the Tamil Nadu Cinema:; (Regu1ation)Amendment Act, 1961 (Tamil Nadu Act 4 of

- 1361).

1955: T.N. Act I X J Cinemas (Regulation) 461 -

(2) The licensing authorit) shall thereupon, . after consulting such authority or officer as may be prescribed, . t

gmnt or refuse permission and the provisions of llsections 5, 8, 9, "9-A and 9-B] relating to licences shall, so far as may be; apply to permission undm this section.

6. The Government may, kom time td time, issue power of directions to any licensee or to licenseas generally, requiring Government the licensee or licenseas to exhibit such film or class of to issue films having a scientific or educative value, such films directionc. dealing with news and current events, such documentary films, indigenous films, or such other films. having special value to the public, as may have been approved by the Government in that behalf from time to time ; .and where any such directions have been issued, those directions shall be deemed to be additional conditions and restrictions I

subject to which the licence has been granted :

Provided that no direction issued under this section shall require the licensee to exhibit any such film or films exceeding two thousand feet at, or for more than one- fifth of the entire time taken for, any one show.

a[6-A. The lbansing authority may, from time to time, power of issue directions to &ti; 2l:cnsee or licansees generally, licensing requiring the licensee or licensees to exhibit in each show authorit) to issue such slides of p~lblic interest as Day be supplied by that airectiJnq

$

authority :

Provided that no direction issued under this section shall require the licensee to exhibit more than three such slides at, or for laore than four minutes, in any one sho~.]

I

$, $ 1 Thcse words, figums and letter were substituted for the words

'arid figures '' sect ions 5, 8 and 9 " by section 3 of the Tamil Nadu I

Cinemas (Regulation) Amendment Act, 1961 (Tamil Nadu Act 4 I . c f 1961).- . .

. * I

* $4 This expression was subslitth3d for the expiession a add 9-4 '! * . . by Section 2 c.f the Tamil Nadu Cinemas (Regulation) Am&dnieni '

% : Act, 1979 (Tamil Nadu Act 50 of 1979), which was deemed A .. tb: had a

come into force on the 22nd August 1979. ' ; % a + i ' j . . :g ' t\, , .I* *,,: \,. '

Section 6-A was inserted by section 3 of the Tamil Nadu Cihhas % ' - ( ~ e ~ ~ l a t i ~ n ) Amendment Act, 1956 (Tamil Nadu Act XXI'iif 1956), + . , $ t

a " .," :;;+ ',n -> c4$ - which came into force on the 30th,Janliary 195.7. : . . . , - ,. * . - ,

, 4 \ . &*' , . - 1 i.

Power 7. (1) The Government in respect of the whole of the Oovernment State or any part thereof, and the District Collector within

or District his jurisdl-tion, may, if they or he are or is of opinion that CollectOr any film which is being or is about to be publicly exhibited to suspend

exhibition of is likely to cause a breach of the peace, by order, suspend 01ms in the exhibition of the film ; and during such suspension, no Certain person shall exhibit such film or permit it to be cxllibited

cases' in any place in the State or any part or district thereof, as the caw may be.

(2) No order shall be issued urlder sub-section (1) until the person concorned has been given a reasonable opportunity of showing cause against the order proposed to be issued in regard to him :

P~ovided that this sub-section shall not apply where the Government or the District Collector proposing to. issue the order are or is satisfied that owing to any emer- gency or for some other reason, to be recorded by them or him in writing, it is not reasonably practicable to give to that person an opportunity of showing cause :

Provided further that a copy of the reasons recorded by the Government or the District Collector for issuing the ordec shall be communicated to the person concerned as soon as it become:; reasonably practicable to cummunicate the reasons to him.

(3) If any question arises whether it is reasonably prwticable to give to any person an opportunity of show- ing cause under sub-section (2), the decision thereon of the Government or the Distpict Collector, as the cafe may be, shall be final.

(4) Where an order under sub-section (1) has baen issued by the District Collector, a copy thereof, togethar with a statement of the roasons therafor, shall forthwith be forwarded by him to the Government, and the Government may, on a consideration of all the facts of the casq either confirm or vary or discharge the order.

(5) An order issued unda~ sub-section (1) shall remain in force for a period of two weeks from tht: date thereof, but the Government may, if they are of opinion that the order should continue in force, direct that; the nariod of

1 - - - - - - - suspension shall be ox~andcd by .such further period as they think fit :

<

Provided that the Govornnlarit or tlra District Collect or m a y rcrvijw their owu ~1 UC, .

3 I &.

I

. - 8, .If the omeg or person in charge of a oinematomph ~,,lti;, uses ihe same or allows it to be used, or if the owner- or , * .

occupier of any place pemnits that place to be u&, in . +.

contravention of the proQisions of tMs Act or of the rules made thereunder,or of the conditions and restrictions upon .

I r

OP subject t.o which any licence has been granted under this;. i . : . - 7: * < ; f ,.a< Act, he shall be punishable with f i e which may extend to ' , ,- , . " , + Q ~ -,$*; ~

* ;;c.' v F p , :"*$ one thousand rupees and, in the mie of a continuing offersicei .. . . : A 2 t:&+$ with a fur the^ fine which may extend to one hundred r u p k a L , q . v J .+ r.; for each day during which the offence contiaues. * .

-4

9. '[(I)] Where the holder of a licence has been con- p,,, victed of an offence under, clause (a) or clause (c) of section to re* .' 14 of the 2LTamil Nadq Entertainments Tax Act, 1939 suspend] -

dl Nadu Act X of 1939), or has been permitted to limcee i compound suc offence under Bdotion 15 of the said Act, or has been convicted of an offence under section 7 of the Cinematograph Act, 1952 (Central Act XXXVII of '

1952). or section 8 of this ACE, the licenca may ba revoked or suspended by the licensing authority by an order in writing.

s[(2) .If the licensing authority is satisfied, either on a tefaence made to it in this behalf or o'themise, ohat-.

(a) a limnce granted under this Act has been obtained by misrepresentation or fraud as to an essential act, or

(b) the licensee has, without reasonable cause, failed to coniply with any of the provisions of this Act or ofthe rules made thereunder, or any of the conditions or restrictions *upon or subject to which the licence has been granted, then without prejudice to any other penalty to which the limssa may be liable under this Act, the licensing autho- rity may, after giving the licensee an opportunity of showing cause, revoke or suspend the licence. - -

I

r , ' 1 Section 9 was renumbered as sub-section (1) cf that sectian and

these words were inserted in the marginal heading by section 4 (1) of the Tamil Nadu Cinemas (Regulation) Amendment Act, 1961, (Tamil Nadu Act 4 of 1961) ; and the present sub-section (1) was

i; substituted by sectian 4 of thb Tamil Nadu Cinemas (Regulation) I,

Amendment Act, 1964 (Tami 1 Nad u Act 20 of 1964). a These wards were substituted for the word " Madras " by t ha

EI Tamil Nadu Adaptation of Laws Order, 1969, as amended by tho & Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

g SThese subsections were added by section 4 (2) of the Tamil P q. Nadu Cinemas (Regulatian) Amendment Act, 1:961 (Tamil Nqlu , $ Act 4 af 1961).

464 Citiisn3us (Xegtrlutioii) 111955 : T O N Act IX

(3) Where the licensing authority revokes or suspends any licence under s~b-section (Z), it shall do so by an order communi~ated to tl:e licensee giving i hc raasolls in writing for such revocatiolz or suspension.]

Appeal again t s revocation of 1[9-A. ( !) Any person aggrieved by tho decision of Buspnsion of the liconsiag authority revoking or suspxding a

licence. licence under sub-sectian (2) of section 9 may, within such time as may bc plescribed, appeal to such authority as the Govarnment may specify in this behalf and such authority ]nay make such order in the casa as it may think fit.

(2) The appc,llatb authority reforred to in sub-soction (1) may stay the execution of any such decision, pending the exercise of its powers under sub-section (1) in respect thereof.]

Powers 2[9-B. (1) The Govl;rnmetlc may on their own motion revision by or. on applicn~ion, cdl for and examine the rccord of the

Goverllmellt* appellate autliority in respect of any proceeding under section 5 (7) or sectiol,; 9-A (1) to satisfy themselves as to the legality of such yrocceding rrr the correctness, legality or propriety of any decision passed or order made therein; and, if, in ally casa, it appears to the Govornn~et~t that any such proceeding, decision 01. order should bo modified, annulled, reversed or remitted for reconsidcrat ion, they may pass orders accordingly :

Provided 'that every application to the Government for the exercise of the yowars under tlis soctioa sMl be preferred wit l~io strch time as may be pres1:ribed and shall be accompaoied by such fee as may bo p1-escribed.

(2) No orcier prejudicial to m y permn shall be passed under sub-st:::lion (1) uolr3c ruzli pcrson has been given an opportr! YI~: , c. t ~nakirig ill:, s k;j.,rc-i-~it;v~ion~,

(3) Ths Gcvornment may stay the execution of the decision or order pending the exercise of their power under sub-section (1) in respect thereof.]

iThis sect i o n w~ic i llsc1.t cd by section 5 tsf t hc Tatllil Nadu Ciucmas (Regulation) Arnet~dmcrlt Act, 1961 (Tamil N~zdu Act 4 of 1961 I.

aThis sczt icirr was i riscr'f CLI by sect ion 3 oft hc Tnntil Nudu Cjrremas (R.pgulatio~~) A:llciidlnl;nt Act, 1979 (Tamil N:LL~U Act 50 of 19791, which W ~ S J ~ ~ l i l ~ i 11 ~ Y C c,):liri i n t ~ i f,.)~~:t; cc11 I flc ,'?rid A u g ~ j t 1979.

I

* 4 *

1955 . T .N. Act 1x1 ine em as ( ~ e ~ u t a t i i n ) 465 ' .

10. (1) Tbs Government may, by notification, maLpFowe :to rcles to carry out the purposes of this Act. make rules,

h

(2) Without prejudice to the generality of the fore- \

going power, such rules may provide for.--

(a) the terms, conditions ind restrictions, subjeot to which a licence may be granted unde~ $this Act and the fees to be paid in respect of such licence

- - . ,

(b) tho rqplp tion of cinematograp h exhibitions for securing the public safety ;

(c) tho time within. which :hand the conditions subject to which a,n appeal unde~ sub-section (7)of section 5 may be preferred, and the fees .to be paid in respect of such appeal ;

. .

(d) the procedure for apptovel of films for the .. purposes of saction 6 ; ,-

'[(e) the procedure to be followed by persons. - .

submitting applications for peimission under section 5-A; * I I *

4; ,

(f) the documents and plans to be submitted . k i ! L I - togethem with such applications, and the fees to be paid . * C.. i g on such applications ; - G - * $ 6

(g) the mattem to <.bee'.taken Into consideration I f'. : i . m"

by the' licensing authority before appro~ng the site 'for .. 1' - Y: ' :?. the constmetion of the'building, or the plans for the cobs- - i ',"

&, ~. " a ,\ - . . truction OE reconstruction of the buildicgot the instalIatibn I - . , * a . - of a machinery , ;

g . " . . (h) the terms, conditions and re:trictions . subjekt .

to which thb licensing authority may accord approval in . . - * - , .

a respect of the matters referred to in clause (g) ;

(i) the action to be taken in cases of contraqention ,

. of the terms, conditions and restrictions subject to whjch i

such approval was accorded ; . 1 . . . <

- (j) the proced~~re' to. be followd by the licenshp yauthority before g~anting ot refusing permission under . section 5-A and any othst matter incidantal thereto.]

1 Clauses (e) to a were added by section 4 of the Tamil Nadu Cinemas (Regulation) Amendment Act, 1956 (Tamil Nadu Act X$l of 1956), which came into farce on the 30th January 1957.

' [(k) the time within which and the condil ions subject to which an appeal under section 9-A or a revision under section 3-B may be preferred anti i hc ftes to be paid in respect of such appeal or revision, as the case may be.]

(3) All rules made under this Act shall come into force on the date of notification and shall be laid for not less t han fiFt een days before both Houses oft he St ate Legis- lature, as soon as possible after they are made, and shall be subject to such mndificiitions whethcr by way of repeal or amendment, as those Houses may make during t hc session in which they art laid.

pow,, to 11. The Govesnmcnt may, by order in writing, excmpt , exempt. subject to such conditions and restrictions as they may

B impose, any cin,n~atograph exhibition or class cf cinema- $

tograph exhibitions or any place where a cinematoel aph . exhibition is given from any of the provisions of this Act or of any rules nude i hereu ndcr. i

Repeal. 12. In relation to this State, the Cintmatogrilph Act, i

1918 (Central Act I1 of 1918), i n so f;u as i t has not been repealed by the Cinematograph Act, 952 (Central Act XXXVIT 01' 19521, is 11cri.b~ r epcclled :

Provided that all!, ap,pni lqf m e l ~ f , ~ O I i h f ~ C R , order, scheme, rule, lor 111 qr by-law, ~nactc 0,. issncci under the repealed Act, sha!l, so far as it is no1 inconsjstent wit 11 the d

! prov:sians oft i~ i : Act,continuc. i n force ant! be dee~ned to b

have b ~ e n made or issued under t h o proviciorls ctf this Act, unless and urliil it is superscciect by any otppcintment,

i '1

f notifica~ion, order, bchcmc, rtift., i'o~.m or by-law n~acjr ??

or issuecl unc-fer th i s Act. I i

* --.- ,-*------ *I"-I .-I___-. 3U Z

i This clause wan i;ubstituted by section 4 of the Tamil ]Nadu Cinemas (Reguiatiol3) Amendment Act, 1979 (T2mi 1 Nadu Act 50 I

of 1979), which was deenrcci to Iravc conlc i n t o fi~rcc on ~11c 22nd AugusL 1979, fix ti$@ followi~lg clause, which was adcled by : x section 6 of i l ~ c Turnit N.idu Cinemas (Rclglulatiojj) r+mcndment Act, B

1961 (Talr~il Nadu Act 4 of 196J):- "(k) the time vlithin which and the conciiticms subject tcb which

an appeal urlder sccrion 9-A may hc weferrrli :ind ~ t ; c fees to Be paid ii

in gaspest of sucfi appeal, " +

.. .

I. Short title and cur~lmenceme~~.-(l) This A C ~ may be c~llcd

(2) It shalt come into farce at m e ,

2. Amendmen1 o j section 5-A, i'lrrztil ?Jadrz Act IX of 1955 .-In section 5-A of the Tamil 'Nadu Cinemas (Regulation) Act, 1955

. (Tamil Nadu Act IX of 1955), in sub-section (I), in clause (d),-

- (lj in item (v), the word "and" occurring at the end shall bc

- I . ^

" (vii) The Tmil Nadu Town and Cou~ltry Planning -46 1972 (nnlil hadu Act 35 of 1972). " .

S. VADIVELU, Comfii i-fler U?ld Secretary to Govmlnrenr,

. Department, .

122 ' ?'.&~IL NADU GCqVEJ3.?iL1ENrI GAZXT"E EIC~'IL~UL<J):AAKI n m m u m m - . I - u -.---.- . - * - - '4 - - - _ - I _______ .__-- ______ _--- -_--- --.- ----.-I--- !, * - '; f3

The following Act of the Tand f i i& Leaisla! ve f@eniblx / I

received tht: assent of the Go~ernor on ?he t?rh Jur c: 1987 and is ' i hereby pul~lishecl for genes sl sf oPsinatic n :-- I

r . P

> I

I I , I - f , t i . . ACT NO. 24 OF 1987. . . I . I

, ; ' , :, r , . An , ~ ~ j furthe,v to amell,j the Tamil ,hradu Cinemrls . I (flegul&~io~i] .

:Act, 1955.

BE lit 13aacted by the .Legi$ls.live Assen~bly of the !j:gte t ~ f T a d 1 ' i

Na&- in Thirty-eighth ?Tear of t le 1it:~ublb:. of India as'

1. ':;mrt iitle &d ccn&er:caemt nt.-( 1) Thi:: Act rllay be called the TI& N d u Cinemiis - (I~.t:g~li~~lion; Amendme:lt Act, 1987.

1 . ,* (2) It s h i come into lcrce at oms.

, - , * ,.

2. Subslitution of section ?-A, Tan111 Nodu Aci !.X of 1955.- For set;tiori 3-A 01 a the +lamil ;Vad:l Cin :mas (Ileplkd ibn) Act, 1955 (Tamil. Nariti Act EC 00 1955) (htreinaf ter refared tc as >he ps.nci- pal ~ d ) , fgc f~ lhwing aecticn shdl be subst.dbted;' fi imel:r :- -

3-A. Disqur.7;6cmi~,n for apfd~)ing for grani or n?l r?vd 01 licence.--No yerson shall be 1igi:de to a p ~ l y for :hz i,rant or renewal . of - a. licence,-

(a) if he has be:n cf;x~victtd 01' an offence u~~(ler---

( i j ( clause (a ) , br sub-cla lse (i: of c!a~se It) or C ~ ~ \ U S C :c)' of sub-;;@on (1) of sec iop .L4 oj, the 'Tamil 14athl Ii:~ter,ainmrnts Tax Act, 1939(Tamil &~c lu A-t 3. of 1939), or

(5) =b-clawe (i) of cl;l-use ( .a) of sub-se~:iiol~ (1) of section 7 of the. Cinemato~rayh Act; 1952 . , _ . (Cenlrai Act XJ3CVII of

\ ,

1952),; or . . +. ...- e . . . . .

(b) if say o l his 1it;eilce under this Act has be1:n i-c*\oked or suspended under clause ( a ) of : ab - s~ t ion ( 2 of s:ction 9, w&d

unless 8 pe:riod of t ~ o years hr s ellpsed since his convict i c n, )) or as the case may be, the re~ocatior~ or ;uspension of his licexice. .

3. Amendment of section 9, l'amil Nadu Act I X r>f 1455.- -In section 9 of the principal Act,--

(1) in sub-section ( I ) , fclr the exfression " Where the holdel of a -licence has been coniicted of o0'ence under clause (a ) or

'clause (c)i of section 14 ", the expression " Where the hcddzr of a , . , , . , - . * .- a t.4

secti : Nadl.

the licen

TAMIL NADU GOVERKjdENT G P Z E m , EXT&\ORDJ.NAR,y 123 -- - - - _ __I_I____ _ _ _ _ . _ _ .

licer ce or any person employed by him has been convicted -3f an offe:ice under clause (a) or sub-cl:.use (i) of lau us^ ( 6 ) or clause (c) of s~b-section (I) of section 14 '' sha:l be substituted ;

(2) a&er sub-section ( I ) , t5e f 3llowing sub-section shill be inserted, namely :-

" (LA) m'here the holder sf a l i ce~ ce has' been conv?.oIed for threl: times in tiles aggregate under an) one or more of the fdlowing pro\ isions, nam 2ly :--

(a) t.ta:ion 8 of this Act, f ~ r contravention of the condi- tion and rf:atrict:.on of a 1icele:e r.:\ating to the numbsr of persons to be ac!mitted in sny piace whc I e a cineln.atopraph exhihition is 'given ;

( b ) mb-clause (i) of clause ( b ) df sub-section (1) of secti~n 14 of the Tamil Nadu Entertaitments Tax Act, 1939 (Tamil Nadu Act X o! 1939) ; .O

(By order of the Governor.)

S. I'ADIVELU, Com,nis.rio.rer and Secretary to Gover~ment,

Lmv I?e,~artment.

. - -++-2 p- -A* -.-- ---- ._-.--

'I.]le f011~1~~i~ lg Act of t h ~ Tamil Nadu L e i s received the arsc~lt of the Governor on the. 2nd . . , . . a n j is hereby pubi.ished for general information :-

An Act, further to armnd the Tamil Nadu Ciinemus' (Regulut ir7r i )~Uct j~~ ., :" a 1955. * . : . L . A , ) - ." '. : ,.- - - .7 ..>,;

BE it ~~~~~~~~by the Legislative ~ s s e m b l ~ of the State'of ?%Id? in the Thirty4ighth Year of the Republic of India as f ~ l l d ~ ' r ~ : i . ~ ~ : ~ ~ ; , ~ ~ ~ ~ . . n ,

. * r , , rrt*icl Act may be called tl16 TarniT'Nad\I. . - . _ %I. . ,

A A + 1997 . . . .... : '<.:-, '3 *: :- -, "

ACT No. 4a u r 1701. ,.

I. Anorc ,CILCC.T- I IUD

(Regulation) Third Arnell~lllG~. .--.. 21. Amewdmertl of section 2, Tumil Nqdu Act IX

section 2 of the 'Tamil Nadu Cinemas (~ekda t ion) Act, Nadu Act IX of 1955) (herefinafter referred to toas the p /*lalac# (A\ be omitted.

3. t l r r ~ e r ~ ~ ~ c ~ i ~ b ~ J J uu

crrt i r311 5 of the principa

+lU\.lU" \ ./ ------- - ' ..', ' - t

.---.-.~-DW+ nf c~ct ion 5 , Tamil Nhdu Act I;P bf':.1955.-@<~;$ ., + e F

1 Act,- - . .", , . %.+

,a*.,..-- ---- - ' a * -9. 4"' * . / I . . r )..I - **-i!;*j&%.*

( 1 ) in sub-section (1 ) , for clause (a), the f o l l ~ ~ . ~ ~ c ~ a ~ 6 ,@d*,.:l; & he substittlted, namely :- r, JY

**, ". ,%$- " -'&a

6 b (4) the interest of the cinema going publio and; ...~&h+q~j&~;!$, "+, - " sections of the public generally;"; . . .. - - . .? . , . - ,TJ: ;2;

', 2%

(2) ill suh-scclion ( S ) , before .the expression "-and: on - m ~ a .: , terlns alld ct~nclitions ", the expression " on payment . .. of . such fees :"'

i r = I

may be prescribed" shall be kseried; . - (3) after sLlb-section (6), the following snb sections. s h a ~ ; ~ b & , '

'' (6-A) (a) Wllenevzr the licensee proposes to. transfer or , 'i, L

. s

asjrkn the licence, the licensee and the person tb whoin tfit$libencc ie b . . proposed to be transferred or assigned, as tlie case mayS'be, khSU, before such trallafer or assignlaznt, - apply jointly to t h e %ensm- , . :.

aul borily fur approval tt1er20f. . . 1

(b) An applicatiorl under clause (a) .shal'l be 'ii such &mi'.- ' .:

c o l ~ t a i ~ ~ sucl~ particulars and be accompanied by s y h fee ,ag mayt , . , , - be . r . . . '; . prescribed.

- , , ' E " . t .. ( 6 3 ) ( a ) Subject to claudc ( b ) ,'the. licensing authority w3~;, .'!.:

on of the application ;dd the fee under sub-section ( 6A ) .? i;' and arfer nial;ing,l - such iilquiry as i t thinks , fit, &her. '"approve ph.. .. ; I..

wriiine ' the transfer or assignment, as the case may b'e,,pr tef&e ,- '* :* A : 1- pcsF.

inserted, namely :-

or suspension. .

substituted, namely :-

r, ..riU I ..

The following Act of the! Tamil Nadu Legislative AssembQ received tha assent of

Am No. 11 OF 1994.

mencement.

(By order of the Governor)

x. M n m l U M M , Secretam t o Government,

Law Department.

G r o u ~ ) 1V-2 Ex. (118)-4

Y

AZETTE E+TRAORDImY

The foUowing Act of the Tamil Nadu Legislat~ve Assembly received the assat of the GWernor on the 9th May 1997 and is hereby pubfish& for paeral information :-

ACT No. 30 OF 1997.

An act further to amend the Tamil Nadu Cinemas (Regulation) Act, 1955.

BE it enacted by the Legislative Assembly of the State of T-mil Nadu in the Forty-eighth Year of tlie Republic of India as follows:-

1. (1) This Act may be called the Tamil Nadu Cinemas (Regulation) Amend- - ti* & ment Act, 1997. CO-t.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

N d a Act 2. In section 8 of the Tamil Nadu Cinemas (Regulation) Act, 1955 (herein- Amendment ot 1955. after referred to as the principal Act, for the expression, "he shall be punishable d o n 8.

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.", the following expression shall be substituted, aaBlJy:-

"he sha4l be punishable,- I

(i) in the case of permcznent theatre, for the first offence with Sne which may extend to two thousand rupees and for the second or subsequent offence with b e which may extend to fouu thousand rupees; and

(3) in the case of touring theatre, for the thest oqencc with fine which may oxtend to one thousand rupees and for the second or sube@uent ~ C M X with b e -which may extead to two thousand mpas.".

3, A&r sectton 8 of the principal Act, the following section shall be inserted, I d a of name&:- mwescrion8d

"&A power to compound sff ence.41) The Licensing autho* may accept, &om any person who has committed or is reasonably sus ad of h a m oommitted r Ji an oiTenoe agaizt this Act ni- the rules made thereun +r or the co tion and rm&iction upon or subject to which any licence has been granted under this Act may be specified by rules by way of compensation of such offence a sum of' mmy, -

(i) not excetding om: thousand rupees, in the case of permanent theatre and 1

(ii) not exceeding six hundred rupees, in the cast of touring theatre.

(2) Where an offence has been compounded under s a w o n (I), the ofhder P in custody, shall be discharged and no further proceedings shall be taken against him in r e s y ~ t of such 0ffenCC.".

4. In section 9 of the principal Act, in sub-section (1-A), in claum (a), the Amendment of eJLprcssion "reIatiag to the number of pecsom to be admitted in my plsce where sedlon 9. a cinematograph exhibition is given" shall be omitted.

(By order of the Governor)

@ Gm* 1V-2 EX, (266)-2

A. K. RAJAN, Secretary to Government,

Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 29th March 1998 and is hereby publsihed for general information :-

ACT No. 3 OF 1998.

urther to amend the Tamil Nadu Cinemas (R:,gu1!2tion) Act, 1955.

. - BE it eqacted by the Legislative Assembly of the State ~f Tamil Nadu in the Forty-ninth Year of the Republic of India as follows :-

commence-

I

ment. (2) It shall come into force on such date as the State Government may, : bynotification,appoint.

(By order of the Governor)

A. K. RAJAN, Secretary to Governmcn~. L(.ll3 Dcparmtent.

Group) 1V - 2 Ex !f 63)- la