S.1 Short title, extent and commencement

       (1) This Act may be called the Bombay Cinemas (Regulation) Act, 1953
       3 (2) 2. Sub-section (1) was substituted for the original by Gujarat 40 of 1961, Section 2(1).[(2) It extends to the whole of the State of Gujarat. ]
       (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint:
       3 (3) 3. This proviso was inserted by Gujarat 40 of 1861.(Provided that in the areas to which this Act is extended by the Bombay Cinemas (Regulation) (Gujarat Extension and Amendment) Act, 1961 (Guj. XL of 1961). this Act shall come into force on the date of the commencement of that Act. ]

S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context:- (a) "cinematograph" includes any apparatus for the representation moving pictures or series of pictures;
       (b) "licensing authority" means the authority empowered to grant licences under (section 4) ;
       (c) "place" includes a house, building, tent and any description of transport, whether by sea, land or air;
       (d) "prescribed" means prescribed by rules made under this Act.

S.3 Cinematograph exhibitions to be licenced

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 or otherwise than in compliance with any conditions and restrictions imposed by such licence.

S.4 Licensing authority

       The authority having power to grant licences under this Act, shall be- (i) 3 (4) 4. Clause (1) was deleted by the Guj. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.[x x x]
       (ii) in 3 (5) 5. The word "other" was deleted by Gujarat 40 of 1961, Section 3(1).[x x x] areas for which a Commissioner of Police is appointed under (section 7 of the Bombay Police Act, 1951) (Bom. XXII of 1951). such Commissioner; and
       (iii) elsewhere, the District Magistrate:
       Provided that the State Government may, by notification in the Official Gazette constitute for the whole or any part of the 3 (6) 6. The words "Bombay area of the State of Gujarat" were substituted for the words "pre-Reorganisation State of Bombay excluding transferred territories" by the Gujarat Adaptation of Laws (State and Concurr

S.5 Restrictions on powers of licensing authority

       (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 attending exhibition therein.
       (2) Subject to the provisions of sub-section (1), (and to the control of the State Government the licensing authority may] grant licences under this Act to such persons as that authority thinks fit and [on payment of such fees and on such terms] and conditions and subject to such restrictions as may be prescribed.
       (3) The State Government may. from time to time, iss

S.6 Power of State Government or licensing authority to suspend exhibition of films in certain cases

       (1) The State Government in respect of the whole 3 (10) 10. These words were substituted for the words "of the State" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. of the 3 (11) 11. The words were substituted for the words' "pre-Reorganisation State of Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1860.[3 (12) 12. The words "Bombay area of the" were deleted by Gujarat 40 of 1961, Section 5.[x x x] State of Gujarat] or any part thereof or the licensing authority in respect of the area within its jurisdiction, may, if it is of opinion that any film which is being publicly exhibited is likely to cause a breach of the public order, by order, suspend the exhibition of the film and during such suspension such film shall be deemed to be an uncertified film 3 (13) 13. These words were substituted for the words "in the State, part

S.7 Penalties for contravention of Act

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 there under, or of the conditions and restrictions upon or subject to which any licence has been granted under this Act 3 (14) 14. These words and figures were inserted by Bombay 38 of 1955, Section 2.or if the owner or person in charge of a cinematograph contravenes any of the conditions or restrictions imposed by an order of exemption made under (section 10) ], he shall on conviction, be punished 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 after conviction for first such offence.

S.8 Power to revoke or suspend licence

In the event of any contravention by the holder of a licence of any of the provisions of this Act or the rules made there under or of any of the conditions or restrictions upon or subject to which the licence has been granted to him under this Act 3 (15) 15. These words and figures were inserted by Bombay 38 of 1055, Section 2.(or of any of the conditions or restrictions imposed by an order of exemption made under Section 10], or in the event of his conviction of an offence under (section 7) of this Act or (section; 7 of the Cinematograph Act, 1952) , (XXXVII of 1952) the licensing authority may revoke the licence or suspend it for such period as it may think fit: 3 (16) 16. This proviso was added by Gujarat 4O of 1961. Section 8.[Provided that no licence shall be revoked or suspended unless the holder thereof has been given reasonable opportunity to show cause.]

S.8(a) Appeal

[3 (17) 17. Sections 8A, 8B and 8C were inserted by Gujarat 40 of 1981 , Section 9.-Any person aggrieved by an order of a licensing authority refusing to grant a licence, or revoking or suspending any licence under (section 8) , may within such period as may be prescribed, appeal to the State Government and the State Government shall, on such appeal make such order as it thinks just and proper, and such order 3 (18) 18. These words were substituted for the words "shall be final" by Guj. 10 of 1978, Section 2.shall. subject to provisions 8B and 8C be final].

S.8(b) Revision

       . (1) The State Government may either of its own motion, or upon an application by an aggrieved person made within such period as may be prescribed, call for and examine the record of any order made by licensing authority under this Act. and pass such order thereon as it thinks Just and proper
       (2) The State Government shall-
       (i) before passing any order under sub-section (1). which is likely to effect any person adversely; give such person a reasonable opportunity of being heard, and
       (ii) record its reasons for passing an order under the said sub-section.

S.8(c) Review

3 (19) 19. Section 8C which was deleted by Gujarat 15 of 1964, Section 4, was Inserted by Gujarat 10 of 1876,S.3..-Any person who. considering himself aggrieved by an order of the State Government under (section 8A) or (Section 8B) , desires to obtain a review of the order passed against him, on the ground of some mistake or error apparent on the face of the record or on the ground that some new fact has been discovered which could not be placed earlier before the licensing authority or the State Government and the State Government shall, after making such inquiry as it think fit pass such order as it considers necessary in the circumstances of the case.]

S.9 Power to make rules

       (1) The State Government may. by notification in the Official Gazette make rules for the purpose of carrying into effect the provisions of the case.
       (2)In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely:-
       (a) prescribing the procedure in accordance with which a licence may be obtained and the terms, conditions and
       restrictions, if any subject to which licences may be granted under this Act
       [and fees for such licences];
       (a-i) prescribing the period within which an appeal
       [x x x] under (section 8-A)
       or a revision appl

S.10 Power to exempt

       The State Government 3 (26) 26. The words "or the Commissioner" and "or he" were deleted by Gujarat 15 of 1964, Section 4 Sch.[x x x] may, by order in writing, exempt, subject to such conditions and restrictions as it 3 (27) 27. The words "or the Commissioner'' and "or he" were deleted by Gujarat is of 1964, Section 4 Sch.[x x x] may impose/any cinematograph exhibition or class of cinematograph exhibitions from any of the provisions of this Act or of any rules made thereunder.

S.10(a) Delegation of power under section 10

3 (28) 28. Section 10A was inserted by Gujarat 10 of 1876. Section 5.-The State Government may, subject to such restrictions and conditions as it may think fit to impose, by notifications in the Official Gazette delegate to any of its officers the power conferred on it by (section 10) .]

S.11 Repeal of Act II of 1918

The Cinematograph Act, 1918 (II of 1918) in its application to the 3 (29) 29. These words were substituted for the words "State of Bombay" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.[pre-Reorganisation 3 (30) 30. The words "State of Bombay" stand unmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order. 1960[State of Bombay] and in so far as it relates to the regulation of exhibition by means of cinematograph including licensing of places in which cinematograph films are exhibited, is hereby repealed.

S.12 Further repeal and savings

       -On the commencement of this Act, in the Saurashtra and Kutch areas of the State of Gujarat, the following laws, that is to say,- (i) the Saurashtra Cinemas (Regulation) Act, '1953 (Sau. Act XVII of 1953) and
       (ii) Part III of the Cinematograph Act. 1952 (XXXVII of 1952) as in force in the Kutch area of the State of Gujarat immediately . before such commencement shall stand repealed:
       Provided that, such repeal shall not affect-
       (a)the previous operation of any laws so repealed or anything duty done or suffered thereunder, or
       (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
       (c)any penalty incurred in respect of anything done against any laws so r