KERALA CINEMAS (REGULATION) ACT, 1958
(1) This Act may be called the Kerala Cinemas (Regulation) Act, 1958.
(2) It extends to the whole of the State of Kerala .
(3) It shall come into force on such date as the Government may, by notification, appoint.
In this Act, unless, the context otherwise requires-
(1) "cinematograph" includes any apparatus for the representation of moving pictures or series of pictures;
[1][(1A) "Local Auathority" means a village panchayat constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a municipality constituted under section 4 of the Kerala Muncipality Act (20 of 1994) as the case may be;]
(2) "Notification" means a notification published in the Gazette;
(3) "place" includes a house, building, tent and any description of transport, whether by water, land or air;
(4) "prescribed" means prescribed by rules made under this Act;
(5) "State" means the State of Kerala
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, otherwise than in compliance with any conditions and restriction imposed by such licence.
The authority having power to grant a licence under this Act (hereinafter referred to as the licensing authority) shall be the [secretary] of the local authority within whose jurisdiction the place in respect of which the licence is to be granted situate:
Provided that the Government may, by notification constitute for the whole or any part of the State such other authority as they may specify in the notification to be the licensing authority for the purposes of this Act.
(1) The licensing authority shall, in deciding whether to grant or refuse a licence, have regard to the following matters, namely:-
(a) the interest of the public generally;
(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 o
(1) Any person who intends-
(a) to use any place for the exhibition of cinematograph films; or
(b) to use any site for constructing a building thereon for the exhibition of cinematograph films; or
(c) to construct or reconstruct any building for such exhibition; or
(d) to install any machinery in any place where cinematograph exhibitions are proposed to be given,
shall make an application in writing to the licensing authority for permission therefor, together with such particulars as may be prescribed and any provision contained in [7][the Kerala Panchayat Raj Act, 1994 (13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994)] or in the rules made under any of them in so far as it relates to any of
The Government may, from time to time, issue directions to any licensee or to licensees generally, requiring the licensee or licensees to exhibit such film or class of films having a scientific or educative value, such films dealing with news and current events, such documentary films, indigeneous 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 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.
The licensing authority may, from time to time, issue directions to any licensee or to licensees generally requiring the licensee or licensees to exhibit in each show such slides of public interest as may be supplied by that authority:
Provided that no direction issued under this section shall require the licensee to exhibit more than three such slides at, or for more than four minutes in any one show.
(1) The licensing authority or any person in authorised by him writing in his behalf may enter at any reasonable time any place used for cinematograph exhibition and inspect the licence, if any issued under this Act:
(2) If the licensing authority or the person so authorised is satisfied that-
(a) there is no such licence; or
(b) the place is used for cinematograph exhibition in violation of any of the provisions of this Act or the rules issued there under 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, condi
The Government in respect of the whole of the State or any part thereof, and the District collector within his jurisdiction may,-
(i) 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 the 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 the owner or person in charge of 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 threunder, 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 [11][ten thousand rupees] and, in the case of a continuing offence, with a further fine which may extend to [12][one thousand rupees] for each day during which the offence continues.
(2) If any person contravenes the provision of any rules made under clause (k) of sub-section (2) of section 13, he shall be punishable with fine which may extend to [13][one thousand rupees]
(3) Where after a prosecution for an of
(1) Where the holder of a licence has been convicted of an offence under section 10 of this Act or under section 7 of the Cinematograph Act, 1952 or under [14][section 10 of the Kerala Local authorities Entertainments Tax Act, 1961 (20 of 1961)], the licence may be revoked by the licensing authority by an order in writing.
(2) Where the holder of a licence has been convicted of an offence mentioned in sub-section (1) and the licence has not been revoked by the licensing authority, the District Collector may call for and examine the record of any proceeding taken under that sub-section, call for any report in connection therewith and may pass such order in reference
thereto as he thinks fit:
Provided that no order shall be passed under this sub-section without giving an opportunity to show cause to the party who may be affected by the
The Government may call for and examine the record of any proceeding taken under this Act, call for any report in connection therewith, make or cause to be made any further enqiry and may pass such order in reference thereto as they think fit:
Provided that no order shall be passed under this section without giving an opportunity to show cause to the party who may be affected by the order.
[15][12A. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.]
(1) The Government may, by notification, make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the terms, conditions and restrictions subject to which a licence may be granted under this Act and the fees to be paid in respect of such licence;
(b) the regulation of cinematograph exhibitions for securing the public safety;
(c) the time within which and the conditions subject to which an appeal under sub-section (7) of section 5 may be preferred and the fees to be paid in respect of such appeal;
(d) the procedure to be followed by person submitting applications for permission under section 6;
&nbs
The Government or any officer authorised in this behalf may, by order in writing, exempt, subject to such conditions and restrictions as they may impose;-
(i) any cinematograph exhibition to which public are not admitted or to which public are admitted without payment; or
(ii) any cinematograph exhibition provided for purposes which are educational, cultural or scientific, by any institution, society, committee or other organisation not conducted or established for profit; or
(iii) any place where a cinematograph exhibition referred to in clause (i) or (ii) is given,
from any of the provisions of this Act or of any rules made thereunder.
The Travancore-Cochin Cinemas (Regulation) Act, 1955 (IX of 1955) and the Madras Cinemas (Regulation) Act, 1955 (IX of 1955) as in force in the Malabar District referred to in sub section (2) of section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), are hereby repealed:
Provided that any licence, appointment, notification, order, rule, form or bye-law, issued or made or deemed to have been issued or made under the repealed Acts shall, so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been issued or made under the provisions of this Act, unless and until it is superseded by any licence, appointment, notification, order, rule, form or bye-law issued or made under this Act.
[16] THE SCHEDULE
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
