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2O2 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 5
2O2 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 5
(b) the status and previous experience of the applicant; (c) the suitability of the place where the cinematograph exhibitions are proposed to be given; (d) the adequacy of existing places for the exhibition of cinematograph films in the locality; SS (e) the benefit to any particular locality or localities to be afforded by the opening of a new place of cinematograph exhibition; (f) the possession by the applicant of other places, if any licensed under this Act, whether in the same locality or elsewhere, and whether at the time of applying for the licence or at any previous time, and shall also take into consideration any representations made by persons already giving cinematograph exhibitions in or near the proposed locality, whether within the jurisdiction of the same local authority or not, or by any police authority within whose jurisdiction the place proposed to be licensed is situated or by any association interested in the giving of cinematograph exhibitions. (2) The licensing authority shall not grant a licence 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 granted, to provide for the safety, Convenience and comfort of the persons attending exhibitions therein: ܝ
 
Provided that the licensing authority shall, before refusing to grant a licence under this Act, give the applicant an Opportunity of showing cause against the proposed action.
            (b) the status and previous experience of the applicant;
(3) The licensing authority may, after consideration of the matters set forth in Sub-section (1), limit the number of places in any area in respect of which licences under this Act may be granted.
 
(4) The Government may issue such orders and directions of a general character as they may consider necessary, in respect of any matter relating to licences for the exhibition of cinematograph films, to licensing authorities, and every licensing authority shall give effect to such orders and directions.
            (c) the suitability of the place where the cinematograph exhibitions are proposed to be given;
(5) Subject to the foregoing provisions of the section, the licensing authority may grant licences under this Act to such persons and on such terms and conditions and subject to such
 
restrictions as it may determine. (6) Every licence under this Act shall be personal to the person to whom it is granted and no transfer or assignment thereof, whether absolute or by way of security or otherwise, shall be valid unless approved in writing by the licensing authority.
            (d) the adequacy of existing places for the exhibition of cinematograph films in the locality;
(7) Any person aggrieved by the decision or order taken or passed by the licensing authority
 
. . . . .
            (e) the benefit to any particular locality or localities to be afforded by the opening of a new place of cinematograph exhibition;
under this Act may, within such time as may be prescribed, appeal
 
5(1) Where the licensing authority is the executive authority of a local authority and such executive authority has taken the decision or passed the order without the previous concurrence of that local authority, to that local authority; and (ii) in any other case, to such officer or authority as the Government may, by notification, specify in this behalf.8 T(8) "Any officer or authority appointed by the Government in this behalf by notification,
            (f) the possession by the applicant of other places, if any licensed under this Act, whether in the same locality or elsewhere, and whether at the time of applying for the licence or at any previous time, and shall also take into consideration any representations made by persons already giving cinematograph exhibitions in or near the proposed locality, whether within the jurisdiction of the same local authority or not, or by any police authority within whose jurisdiction the place proposed to be licensed is situated or by any association interested in the giving of cinematograph exhibitions.
5. Substituted by Act 22 of 1975 w.e.f. 5-7-1975.
 
6. Revenue Divisional Officers are appellate authorities as per S.R.O. 1157/78, published in Kerala Gazette Extraordinary No. 50 dt. 12-12-1978.
        (2) The licensing authority shall not grant a licence unless it is satisfied that -
7. Substituted by Act 22 of 1975 w.e.f. 5-7-1975.
 
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            (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 granted, to provide for the safety, Convenience and comfort of the persons attending exhibitions therein:  
 
        Provided that the licensing authority shall, before refusing to grant a licence under this Act, give the applicant an Opportunity of showing cause against the proposed action.
 
        (3) The licensing authority may, after consideration of the matters set forth in Sub-section (1), limit the number of places in any area in respect of which licences under this Act may be granted.
 
        (4) The Government may issue such orders and directions of a general character as they may consider necessary, in respect of any matter relating to licences for the exhibition of cinematograph films, to licensing authorities, and every licensing authority shall give effect to such orders and directions.
 
        (5) Subject to the foregoing provisions of the section, the licensing authority may grant licences under this Act to such persons and on such terms and conditions and subject to such restrictions as it may determine.  
 
        (6) Every licence under this Act shall be personal to the person to whom it is granted and no transfer or assignment thereof, whether absolute or by way of security or otherwise, shall be valid unless approved in writing by the licensing authority.
 
        (7) Any person aggrieved by the decision or order taken or passed by the licensing authority under this Act may, within such time as may be prescribed, appeal -
 
            (1) Where the licensing authority is the executive authority of a local authority and such executive authority has taken the decision or passed the order without the previous concurrence of that local authority, to that local authority; and
 
            (ii) in any other case, to such officer or authority as the Government may, by notification, specify in this behalf.
 
        (8) Any officer or authority appointed by the Government in this behalf by notification,
 
 
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Revision as of 06:28, 25 January 2019

2O2 THE KERALA CINEMAS REGULATION ACT, 1958 Sec. 5


            (b) the status and previous experience of the applicant;

            (c) the suitability of the place where the cinematograph exhibitions are proposed to be given;

            (d) the adequacy of existing places for the exhibition of cinematograph films in the locality;

            (e) the benefit to any particular locality or localities to be afforded by the opening of a new place of cinematograph exhibition;

            (f) the possession by the applicant of other places, if any licensed under this Act, whether in the same locality or elsewhere, and whether at the time of applying for the licence or at any previous time, and shall also take into consideration any representations made by persons already giving cinematograph exhibitions in or near the proposed locality, whether within the jurisdiction of the same local authority or not, or by any police authority within whose jurisdiction the place proposed to be licensed is situated or by any association interested in the giving of cinematograph exhibitions.

        (2) The licensing authority shall not grant a licence 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 granted, to provide for the safety, Convenience and comfort of the persons attending exhibitions therein:

        Provided that the licensing authority shall, before refusing to grant a licence under this Act, give the applicant an Opportunity of showing cause against the proposed action.

        (3) The licensing authority may, after consideration of the matters set forth in Sub-section (1), limit the number of places in any area in respect of which licences under this Act may be granted.

        (4) The Government may issue such orders and directions of a general character as they may consider necessary, in respect of any matter relating to licences for the exhibition of cinematograph films, to licensing authorities, and every licensing authority shall give effect to such orders and directions.

        (5) Subject to the foregoing provisions of the section, the licensing authority may grant licences under this Act to such persons and on such terms and conditions and subject to such restrictions as it may determine.

        (6) Every licence under this Act shall be personal to the person to whom it is granted and no transfer or assignment thereof, whether absolute or by way of security or otherwise, shall be valid unless approved in writing by the licensing authority.

        (7) Any person aggrieved by the decision or order taken or passed by the licensing authority under this Act may, within such time as may be prescribed, appeal -

            (1) Where the licensing authority is the executive authority of a local authority and such executive authority has taken the decision or passed the order without the previous concurrence of that local authority, to that local authority; and

            (ii) in any other case, to such officer or authority as the Government may, by notification, specify in this behalf.

        (8) Any officer or authority appointed by the Government in this behalf by notification,


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