Bombay Cinemas (Regulation) Act, 1953

ACT No. XI ! 1953

[!7lh April 1953}
Amended by Bom. 38 of 1955.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subects! "rder# 195$.
Amended by Bom. 8 of 1958.
Adapted and modified by the %aharashtra Adaptation of Laws (State and Concurrent
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An Act to provide for regulating exhibitions by means
of cinematographs and the licensing of places in which
cinematograph flms
are exhibited in the (State of Maharashtra)
WHEREAS it is expedient to provide for regulating exhibitions by means
of cinematographs and the licensing of places in which cinematograph
flms are exhibited in the [State of Maharashtra]; It is hereby enacted as
follows:-
STATEMENT OF OBJECTS AND REASONS.
MAHARASHTRA STATE GAZETTE, Nov. 20, 1974
Section 7 of the Bombay Cinemas (Regulation) Act, 1953, lays down
penalties for contravention of the Act and the Rules made thereunder
and the conditions and restrictions subject to which a licence has been
granted, etc- The penalties laid down thereunder are a fne which may
extend to Rs. 1,000 ' and in the case of a continuing ofence a further
fne which may extend to Rs. 100 for each day during which the ofence
continues after conviction for the frst ofence. Many instances of the
contraventions of the Act and Rules have of late come to notice, and it
has also been observed that some of these contraventions are in
furtherance of certain malpractices, such as, black-marketing of tickets.
It is, therefore, considered necessary to provide for more deterrent-
punishment for contraventions of the Act, Rules, etc. Section 7 of the Act
is amended to achieve this object.
Section 8 of the Act gives powers to the Licensing Authority to revoke or
suspend a licence in the circumstances mentioned therein. Section 8-A
intcr-alia provides for an appeal against such an order of revocation or
suspension of a licence, and rule 132 of the Maharashtra Cinemas
(Regulation) Rules, 1966, prescribes inter-alia that the period of appeal
shall be 30 days from the date of receipt of the order by the appellant- In
view of the period of appeal so prescribed, it is considered desirable that
any order under Section 8 revoking or suspending a licence shall not
take efect until the expiry of the period of appeal Section 8 of the Act is
proposed to be amended for this purpose.
MAHARASHTRA STATE GAZETTE, Jul. 16, 1976
Section 7 of the Bombay Cinemas (Regulation) Act, 1?53 provides for
penalty extending to 3 months imprisonment or fne extending to Rs.
5,000 or with both. These penalties are provided for certain cases
specifed in this section. Section 9 (3) of the Act empowers the State
Government to make rules to provide for penalty for contravention of any
rule which may extend to one thousand rupees. It is considered that
penalty for contravention of rules should also be the same. The
amendment of section 9(3) is designed to secure this object.
1. (1) This Act may be called the Bombay Cinemas (Regulation) Act,
1953.
(2) It extends to the whole of the State of Maharashtra.]
(3) It shall come into force [in the pre-Reorganisation State of Bombay] on
such dale as the State Government may, by notifcation in the Ofcial
Gazette, [appoint; and in the remaining part of the State of Maharashtra
it shall come into force on the commencement of the Bombay Cinemas
(Regulation) (Extension and Amendment) Act, 1960]
2. In this Act, unless there is anything repugnant in the subject or
context,-
(a) "cinematograph" includes any apparatus for the representing of
moving pictures or series of pictures;
(b) "licensing authority" means the authority empowered to gram 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.
3. 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 tins Act or otherwise than in compliance with any
conditions and restrictions imposed by such licence.
4. The authority having power to grant licences under this Act, shall be
--
(i) in Greater Bombay, the Commissioner of Police, Greater Bombay;
(ii) in other areas for which a Commissioner of Police is appointed under
section 7 of the Bombay Police Act, 1951, such Commissioner; and
(iii) elsewhere, the District Magistrate:
Provided that the State Government may, by notifcation in the Ofcial
Gazette, constitute for the whole or any part of the [State of Maharashtra]
such other authority as it may specify in the notifcation to be the
Licensing Authority for the purposes of this Act.
5. (1) The Licensing Authority shall not grant a licence under this Act,
unless it is satisfed 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), the licensing authority
may [with the previous sanction of the State Government] grant licences
under this Act to such persons as that authority thinks ft [on payment
of such fees,] and on such terms and conditions and subject to such
restrictions as may be prescribed [or may, after recording in writing its
reasons therefor, refuse to grant any such licence.]
(3) The State Government may, from time to time, issue directions to
licensees generally or to any licensee in particular for the purpose of
regulating the, exhibition of any flm or class of flms so that scientifc
flms, intended for educational purposes, flms dealing with news and
current events, documentary flms or indigenous flms secure an
adequate opportunity of being exhibited, 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.
Note:- From the afdavit fled on behalf of the State Government it
appears that the only ground of objection to the grant of the "No
Objection Certifcate" was that contrary to the terms of Rule 89 the
respondents had constructed the "annexe" before the State Government
considered their application for a "No Objection Certifcate". It appears
however from the report of the Licensing Authority that plans of the
building intended to be constructed complied with the rules framed
under the Act and the building constructed did not contravene the
provisions of the Act and the Rules. Rule 89 authorises the Licensing
Authority to allow the conversion of an existing building into a
Cinematograph theatre. Therefore the completion of the building before
the Government considered the request for a no objection certifcate did
not constitute a bar to the exercise of jurisdiction to grant the certifcate,
and the District Magistrate was right in his view that the certifcate
applied for should be granted.
In dismissing the appeal preferred to "the State Government it was
recorded that the Government did "not see any reason to change the
decision already taken by the District Magistrate" and that decision was
communicated to the respondent by letter dated July 9, 1964. The order
of the State Government which is a reafrmation of its original decision
communicated through the Licencing Authority gives no indication that
the objections raised in the memorandum of appeal were considered. It
sets out no reasons in support of the order. The authority which made
the order on behalf of the State Government appears to have been
oblivious of the circumstances in which the building was constructed.
The Government did not consider whether a building already in existence
which complied with all the requirement of the Rules should be allowed
to be converted into a Cinematograph theatre.
It was urged on behalf of the State Government that under rule 5 (2) in
Chapter II the State Government has absolute discretion to grant
permission for the issue of a "No Objection Certifcate" to the applicant.
Under the Act the District Magistrate and not the State Government is
the Licensing Authority. Granting that the State Government may validly
control the exercise of power by the Licensing Authority; on that question
we express no opinion - the State Government cannot relying upon the
Rules assume to itself the jurisdiction of the Licensing Authority to issue
the licence. Power to control the Licensing Authority under sec. 5 is not
the power to supplant the Licensing Authority. Again the power to grant
a licence under the Act is quasi-Judicial and by the use of the expression
"absolute discretion" n is not intended to invest the Licensing Authority
with arbitrary power so as to destroy the limitations to which it is subject
by its inherent nature. The Act does not purport to confer arbitrary
authority upon the Licensing Authority or the Slate Government, and by
the use in the rules of the expression absolute discretion (he legislative
intent disclosed by the Act cannot be superseded.
The State of Gujrat v M/S Krishna Cinema 1971 (3) Born LR SC per Shah
J.
6. (I) The State Government in respect of the whole "[of the [State of
Maharshtra]] or any part thereof or the Licensing Authority in respect of
the area within its jurisdiction, may, if it is of opinion that any flm which
is being publicly exhibited is likely to cause a breach of public order, by
order, suspend the exhibition of the Him and during such suspension
such flm shall be deemed lo be an uncertifed flm [in the area specifed
in the order.]
(2) When an order under sub-section (I) has been issued by the Licensing
Authority a copy thereof together with a statement of reasons therefor,
shall forthwith be forwarded by the licensing authority to the State
Government and the State Government may either confrm or annul the
order.
(3) An order made under sub-section (1) shall, unless it is annulled by
the Stale Government under sub-section (2), remain in force for a period
of two months from the date thereof but the State Government may, if it
is of opinion that the order should continue in force, extend the period of
suspension from time to time for such further period as it thinks ft-
7. [(1)] If a cinematograph, or any place licensed under this Act, is used
in contravention of the provisions of this Act, or of the rules made
thereunder, or of the conditions and restrictions upon or subject to
which any licence has been granted under this Act, [or if a
cinematograph is used by any person in any place of which a licence
granted under this Act is revoked or suspended under Section 8] or if any
person in charge of a cinematograph contravenes any of the conditions or
restrictions imposed by an order of exemption made under section 10,
then the owner, or person in charge of the cinematograph, or the
occupier of the place, as well as the managers, servants or agents of the
person to whom the licence is granted, shall be guilty of an ofence; and
shall, on conviction, [shall be punished with imprisonment for a term
which may extend to three months or with fne which may extend to fve
thousand rupees or with both; and in the case of a continuing ofence, a
further fne which may extend to Five hundred rupees for each day
during which the ofence continues after conviction for the frst such
ofence:]
Provided that, a person to whom a licence is granted shall not be guilty of
an ofence as aforesaid, if he proves that any ofence committed by any
person in his employ or on his behalf took place without his knowledge
and consent, and that the employee or agent was not acting with his
express or implied permission, and that he exercised all due deligence to
prevent the commission of the ofence or its continuation.]
[(2) If it appears to the court taking cognizance of an ofence under ihis
Act, on taking such evidence as it may deem necessary, that die accused
person is giving an exhibition in or at any place by means of a
cinematograph without a licence granted under this Act, or in
contravention of any conditions and restrictions imposed by such licence
or by an order made under section 10, or when a licence is revoked or
suspended under section S, the court may order:-
(a) that the place in or at which such exhibition is being given shall be
sealed and
(b) that a cinematograph together with the machinery, appliances and
apparatus, if any, be seized and kept in the custody of the licensing
authority, until the complaint is fnally disposed of.
(3) Where under sub-section (2), the court makes an order to seal the
place and seize the cinematograph and the machinery, appliances and
apparatus, it may, in that order, direct that the police shall render
necessary help to the Licensing Authority in complying with the order so
made.
(4) Where any such accused person has been convicted for contravention
of the provisions of the Act, the cinematograph and the machinery,
appliances and apparatus seized under sub-section (2) may be forfeited
to the Stale Government, and in case where such person is acquitted or
discharged, the Licensing Authority shall remove the seal of the place
sealed under sub-section (1) and the cinematograph and the machinery,
appliances and apparatus seized and kept in the custody of the Licensing
Authority, shall be returned to him.]
8. In the event of any contravention by the holder of a licence of any of
the provisions of this Act or the rules made thereunder or of any of the
conditions or restrictions upon or subject to which the licence has been
granted to him under this Act [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 ofence under section 7 of this Act or section
7 of the Cinematograph Act, 1952, [or on receipt of recommendation from
the Collector under section 9D of the Bombay Entertainments Duty Act,
1923,] [the licensing Authority may by order revoke the licence] or
suspend it for such period as it may think ft "[but such order shall not
take efect until the period of appeal prescribed against such order has
expired;]
[Provided that, no licence shall be revoked or suspended unless the
holder thereof has been given reasonable opportunity to show cause.]
8-A. Any person aggrieved by an order of a Licensing Authority Appeal.
refusing to grant a licence, or revoking or suspending any licence under
seciion 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 shall be
fnal.
8-B. The State Government may either of its own motion, or upon an
Revision. application made by an aggrieved person within such period as
may be prescribed, call for and examine the record of any order made by
a Licensing Authority under this Act, and pass such order thereon as it
thinks just and proper:
Provided that,
(i) when rejecting an application for revision under this section, the State
Government shall record its reasons for such rejection; and
(ii) before any order is passed under this section, which is likely to afect
any person adversely, such person shall be given a reasonable
opportunity of being heard,
8-C. The State Government may, subject to such restrictions and
Delegation conditions as it may impose, by notifcation in the Ofcial
Gazette, delegate of powers!o the Commissioner its powers under section
8-A or 8-B.]
9. (1) The State Government may, by notifcation in the Ofcial Gazette,
make rules for the purposes of carrying into efect the provisions of this
Act.
(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;
"[(a-i) prescribing the period within which an appeal may be made under
section 8A or a revision application under section 8-B;]
(b) providing for the regulation of cinematograph exhibitions for securing
the public safety;
(c) regulating the means of entrance and exit at places licensed under
this Act; and providing for prevention of disturbances there at;
(d) regulating or prohibiting the sale of any ticket or pass for admission
by whatever name called to a place licensed under this Act.
[(3) In making rules under this section, the State Government may
provide that any person failing to comply with or contravening (he
provisions of any rule [shall, on conviction in respect of an ofence not
falling under section 7, be punished with imprisonment for a term which
may extend to three months or with fne which may extend to fve
thousand rupees or with both; and in the case of a continuing ofence, a
further fne which may extend to fve hundred rupees for each day during
which the ofence continues after conviction for the frst ofence]. [A
failure to comply with, or a contravention of the provisions of a rule made
under clause (d) of subsection (2) shall be a cognizable ofence within the
meaning of the *Code of v of 1898. Criminal Procedure, I898.]
(4) The power to make rules under this section shall be subject to the
condition of previous publication.]
[(5) All rules made under this section shall be laid for not less than thirty
days before each House of the State Legislature as soon as possible after
they are made, and shall be subject to such modifcations as the State
Legislature may make, during the sessions in which they are so laid or
the session immediately following, and publish in the Ofcial Gazette]
Note:- 'Before we proceed to construe sub-section (5) of sec. 9 of the Act,
it is necessary to notice provisions of Sec. 24 of the Bombay General
Clauses Act, 1904 Sec. 24 of the Bombay General Clauses Act enacts
provisions which are necessary to be followed when the power to make
rules is subject to the condition of previous publication. Clause (a) of the
said sec. 24 requires the rule making authority to publish the draft of
the proposed rules for the information of person likely to be afected
thereby. Clause (b) requires the publication of the draft rules in the
manner prescribed by the State Government or the Central Government
if the condition with respect to previous publication so requires or
otherwise as the rule making authority may deem sufcient. Clause (c)
requires the date to be specifed in the draft rules after which the draft
would be taken into consideration for fnalizing the rules. Clause (d) then
provides for consideration of objections or suggestions made by the
persons who are likely to be afected or made by the authority whose
sanction, approval or concurrence is necessary for framing the rules.
Clause (e) provides that the publication of the rules in the Ofcial
Gazette would be conclusive proof that the rule by bye-law has been duly
made."
In interpreting sec.9 (5) of the Act, the cardinal rule of construction of a
statute which need to be borne in mind is that the words of a statute are
so be understood in their natural, ordinary or popular sense and the
phrases and sentences are to be construed according to their
grammatical meaning unless such a construction would lead to some
absurdity or unless there is something in the context or in, the object of
the statute to suggest the contrary. Lord Brougham observed in Crawford
v Spooner (1846) 4 NIA 179(PC) p. 181 that "The true way" is to take the
words as the legislature have given them, and to take the meaning which
the words given naturally imply, unless where the construction of those
words is, either by the preamble or by the context of the words, in
question, controlled or altered. The speech by Lord Simion of Claisdale in
the case of Suthendran v Immigration Appeal Tribunal, (1976) 3 All ER
611 (HI) p. 616 which is reproduced below gives a golden rule of
construction in this regard:
"Parliament is prima facie to be credited with meaning what is in an Act
of Parliament. The drafting of statutes, so important to a people who
hope to live under the rule of law, will never be satisfactory unless Courts
seek whenever possible to apply the "golden rule" of construction that is
to read the statutory language, grammatically and terminologically, in
the ordinary and primary sense which it bears in its context, without
omission or addition. Of course, Parliament is to be credited with good
sense; so that when such an approach produces injustice, absurdity,
contradiction or stultifcation of statutory objective the language may be
modifed sufciently to avoid such disadvantages, though no further."
(Emphasis supplies)
Bearing the above rule of construction in mind, it would be useful to
paraphrase the said sub-section (5) in order to gather its requirements:-
(a) All rules made under this section shall be laid for not less than thirty
days before each House of the State Legislature as soon as possible after
they are made, and
(b) Shall be subject to each modifcations as the State Legislature may
make, during the session in which they are laid or the session
immediately following, and
(c) Publish in the Ofcial Gazette.
In construing the language of the said sub-sec. (5), it is urged on behalf
of the petitioner that there is a grammatical error and the word "publish"
used there in should be in the past tense i.e., "published" and that it
governs the aforesaid clause (a) of sub-sec. (5) so that according to the
learned Counsel for the petitioner, the requirement in the Ofcial Gazette
would come after the rules are laid before the houses. On the other
hand, the rival submission is that the expression "publish in the Ofcial
Gazette" would in its natural grammatical reading of sub-sec. (5) would
go with clause (b).
"It is clear that the clause "and published in the Ofcial Gazette" in its
grammatical sequence will have to be read with the expression "after they
are made" which would mean that the rules are to be laid before the
house after they are made and published in the Ofcial Gazette which
will clearly run counter to the construction sought to be put on behalf of
the petitioner."
In our view, the construction sought to be put on Sec. 9 (5) of the Act on
behalf of the State as well as the respondent No. 4 appears to be natural
and grammatically correct. For the said construction it is not necessary
to introduce any correction in the word "public" and to read it in the past
tense. According to the said construction the requirement of publication
in the Ofcial Gazette would be applicable to the modifcation which the
State Legislature may make after the rules are laid before the house,
because the relevant part of sub-sec. (5) would then read and shall be
subject to such modifcation as the State Legislature may make and
publish in the Ofcial Gazette. If as shown above the requirement of
publication in the Ofcial Gazette is thus applicable to the modifcations
only which the State Legislature may make, then the phraseology under
the said sub-sec, that all rules shall be subject to such modifcation's
would indicate that the rules made by the State Legislature have come
into force already when they are Gazetted by the State Government, as
required by Sec. 9 (1) of the Act, particularly when such "laying rules" are
held to be directory and not mandatory by the Supreme Court in the
case of Jan Mo/id. v State of Gujarat AIR 1966, SC 385 and Atlas Cycle
Industries Ltd. v Stale of Haryana AIR 1979, SC 1149. The decision of the
Andhra Pradesh in the case of D. K. Krishnan v Secretary, Regional
Transport Authority Chitioor AIR 1956 A. P. 129 which is approved by the
Supreme Court in the case of Atlas Cycle Industries Ltd, v State of
Hayana AIR 1979, SC 1149 fully supports the view taken by us. Neither
any material is brought before us nor can it be said that the above
construction would lead to some absurdity or is contrary to the object of
the Act. There is, therefore, no reason why the said grammatical meaning
should not be given to Section 9 (5) of the Act."
Pannalal Nemasa Jain v Stale of Maharashtra and others 1987 (2) Born
CR 33; Mah LR 1987, 929 Nagpur Bench per H. W. Dhabe J.
10. The State Government [or the Commissioner] may, by order in
writing exempt, subject to such conditions and restrictions as it [or he]
may impose, any cinematograph exhibition or class of cinematograph
exhibitions from any of the provisions of this Act or of any rules made
thereunder.
11. The Cine ma tog raph Act, 19)8, in its application to the [pre-
Reorganisation 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 flms are exhibited), is hereby repealed,
[12. On (he commencement of this Act in the Vidarbha and Hyderabad
areas of the Stale of Maharashtra to which it is extended by the Bombay
Cinemas (Regulation) (Extension and Amendment) Act, 1960, the
following laws, that is to say,-
(i) the Madhya Pradesh Cinemas (Regulation) Act, 1952;
(ii)!he Hyderabad Cinemas (Regulation) Act, 1952;
shall stand repealed:
Provided that, such repeal shall not afect, -
(a) the previous operation of any laws so repealed or anything duly done
or sufered thereunder; or
(b) any right, privilege, obligation or liability acquired, accured or
incurred under any law so repealed; or
(c) any penalty incurred in respect of anything done against any law so
repealed;
and any investigation, proceedings or remedy in respect of any such
right, privilege, obligation, liability or penalty as aforesaid may be
instituted, continued or enforced, and any such penalty may be imposed
as if the Bombay Cinemas (Regulation) (Extension and Amendment) Act,
I960 had not been passed:
Provided further that, subject to the preceding proviso, anything done or
action taken (including any appointment made, notifcation, order or
direction issued, licence granted or rules made) by or under the laws so
repealed, shall be deemed to be done or taken under the corresponding
provisions of this Act, and shall continue in force accordingly unless and
until superseded by anything done or any action taken under thisAct-]