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(b) the place is used for cinematograph exhibition in violation of any of the provisions of this Act or the rules issued thereunder or of any condition or restriction upon or subject to which the licence has been granted, the licensing authority or such person may, without prejudice to any other action that may be taken in respect of such violation, prevent the further exhibition of cinematograph films in that place without licence or in violation of the provisions, conditions or restrictions aforesaid and may, for that purpose, use such force as may be necessary: | |||
(b) the place is used for cinematograph exhibition in violation of any of the provisions of this Act or the rules issued thereunder or of any condition or restriction upon or subject to which the licence has been granted, the licensing authority or such person may, without prejudice to any other action that may be taken in respect of such violation, prevent the further exhibition of cinematograph films in that place without licence or in violation of the provisions, conditions or restrictions aforesaid and may, for that purpose, use such force as may be necessary: | |||
Provided that before preventing the further exhibition of cinematograph films in that place the licensee or other person exhibiting cinematograph films shall be given a reasonable opportunity to show cause against the proposed action. | Provided that before preventing the further exhibition of cinematograph films in that place the licensee or other person exhibiting cinematograph films shall be given a reasonable opportunity to show cause against the proposed action. | ||
9. Power of Government or District Collector to suspend exhibition of films in certain cases.- The Government in respect of the whole of the State or any part thereof, and the District Collector within his jurisdiction may | |||
() if they or he are or is of opinion that any film which is being or is about to be publicly exhibited is likely to cause a breach of the peace, or | '''9. Power of Government or District Collector to suspend exhibition of films in certain cases.- '''The Government in respect of the whole of the State or any part thereof, and the District Collector within his jurisdiction may - | ||
(ii) for any other sufficient reason, by order, suspend the exhibition of the film; and during such suspension, no person shall exhibit such film or permit it to be exhibited in any place in the State or any part or district thereof, as the case may be. | |||
(2) No order shall be issued under sub-section (1) until the person concerned has been given a reasonable opportunity of showing cause against the Order proposed to be issued in regard to him: | (1) if they or he are or is of opinion that any film which is being or is about to be publicly exhibited is likely to cause a breach of the peace, or | ||
Provided 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 emergency 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 order shall be communicated to the person concerned as soon as it becomes reasonably practicable to communicate the reasons to him. | (ii) for any other sufficient reason, by order, suspend the exhibition of the film; and during such suspension, no person shall exhibit such film or permit it to be exhibited in any place in the State or any part or district thereof, as the case may be. | ||
(3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (2), the decision thereon of the Government or the District Collector, as the case may be shall be final. | |||
(4) Where an order under sub-section (1) has been issued by the District Collector, a copy thereof together with a statement of the reasons therefor, shall forthwith be forwarded by him to the Government, and the Government may, on a consideration of all the facts of the case, vary or discharge the order. | (2) No order shall be issued under sub-section (1) until the person concerned has been given a reasonable opportunity of showing cause against the Order proposed to be issued in regard to him: | ||
(5) An order issued under sub-section (1) shall, remain in force for a period of two weeks from the date thereof, but the Government may, if they are of opinion that the order should continue in force, direct that the period of Suspension shall be extended by such further period or periods not exceeding six weeks in the aggregate as they think fit: | |||
Provided that the Government or the District Collector may review their own order. | Provided 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 emergency 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: | ||
10. Penalties.- (1) If the owner or person in charge 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, not being rules made under clause (k) of sub-section (2) of section 13, or of the conditions and restrictions upon or subject to which any licence has been granted under this Act, he shall be punishable with fine which may extend to 'ten thousand rupees) and, in the case of a continuing offence, with a further fine which may extend to "one thousand rupees) for each day during Which the offence continues. | |||
Provided further that a copy of the reasons recorded by the Government or the District Collector for issuing the order shall be communicated to the person concerned as soon as it becomes reasonably practicable to communicate the reasons to him. | |||
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(3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (2), the decision thereon of the Government or the District Collector, as the case may be shall be final. | |||
(4) Where an order under sub-section (1) has been issued by the District Collector, a copy thereof together with a statement of the reasons therefor, shall forthwith be forwarded by him to the Government, and the Government may, on a consideration of all the facts of the case, vary or discharge the order. | |||
(5) An order issued under sub-section (1) shall, remain in force for a period of two weeks from the date thereof, but the Government may, if they are of opinion that the order should continue in force, direct that the period of Suspension shall be extended by such further period or periods not exceeding six weeks in the aggregate as they think fit: | |||
Provided that the Government or the District Collector may review their own order. | |||
'''10. Penalties.-''' (1) If the owner or person in charge 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, not being rules made under clause (k) of sub-section (2) of section 13, or of the conditions and restrictions upon or subject to which any licence has been granted under this Act, he shall be punishable with fine which may extend to 'ten thousand rupees) and, in the case of a continuing offence, with a further fine which may extend to "one thousand rupees) for each day during Which the offence continues. | |||
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Latest revision as of 05:49, 30 May 2019
(b) the place is used for cinematograph exhibition in violation of any of the provisions of this Act or the rules issued thereunder or of any condition or restriction upon or subject to which the licence has been granted, the licensing authority or such person may, without prejudice to any other action that may be taken in respect of such violation, prevent the further exhibition of cinematograph films in that place without licence or in violation of the provisions, conditions or restrictions aforesaid and may, for that purpose, use such force as may be necessary:
Provided that before preventing the further exhibition of cinematograph films in that place the licensee or other person exhibiting cinematograph films shall be given a reasonable opportunity to show cause against the proposed action.
9. Power of Government or District Collector to suspend exhibition of films in certain cases.- The Government in respect of the whole of the State or any part thereof, and the District Collector within his jurisdiction may -
(1) if they or he are or is of opinion that any film which is being or is about to be publicly exhibited is likely to cause a breach of the peace, or
(ii) for any other sufficient reason, by order, suspend the exhibition of the film; and during such suspension, no person shall exhibit such film or permit it to be exhibited in any place in the State or any part or district thereof, as the case may be.
(2) No order shall be issued under sub-section (1) until the person concerned has been given a reasonable opportunity of showing cause against the Order proposed to be issued in regard to him:
Provided 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 emergency 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 order shall be communicated to the person concerned as soon as it becomes reasonably practicable to communicate the reasons to him.
(3) If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (2), the decision thereon of the Government or the District Collector, as the case may be shall be final.
(4) Where an order under sub-section (1) has been issued by the District Collector, a copy thereof together with a statement of the reasons therefor, shall forthwith be forwarded by him to the Government, and the Government may, on a consideration of all the facts of the case, vary or discharge the order.
(5) An order issued under sub-section (1) shall, remain in force for a period of two weeks from the date thereof, but the Government may, if they are of opinion that the order should continue in force, direct that the period of Suspension shall be extended by such further period or periods not exceeding six weeks in the aggregate as they think fit:
Provided that the Government or the District Collector may review their own order.
10. Penalties.- (1) If the owner or person in charge 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, not being rules made under clause (k) of sub-section (2) of section 13, or of the conditions and restrictions upon or subject to which any licence has been granted under this Act, he shall be punishable with fine which may extend to 'ten thousand rupees) and, in the case of a continuing offence, with a further fine which may extend to "one thousand rupees) for each day during Which the offence continues.
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This page is Accepted in Panchayath Wiki Project. updated on: 30/ 05/ 2019 by: Sajithomas |