State Act

5

Section 5. Restrictions on the powers or Licensing authority

THE UTTAR PRADESH CINEMAS (REGULATION) ACT, 1955

Act no. 3 of 19561956In forceUttarakhand (State Act)

5. (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 [(aa) the building or other place in which cinematograph exhibition proposed to be given- (1) is situated at a distance of not less than 200 metres from the Raj Bhawan, the State Government Secretariat, the High Court, the State Public Service Commission or the Board of Revenue ; (2) is situated at such minimum distance as may be prescribed from other public buildings and from recognized educational and other public institutions and public hospitals; (3) is not situated in a locality which is exclusively residential m character or is reserved exclusively for residential purposes; and]1 (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 exhibitions therein; [(bb) no restaurant is run in the place in which exhibition by means of video is proposed to be given; Explanation—Nothing contained in this clause shall be construed so as to prevent licence being granted to any hotel for exhibition by means of video in the rooms to be occupied by the ledgers.]4 [(c) the grant of licence is not otherwise contrary to the public interest.]2 [Explanation-(l) Different minimum distances may be prescribed under sub-clause (n) of clause (aa) in relation to different classes of public buildings, institutions and hospitals, (2) For purposes of clause (aa), the distance shall be measured from the outer boundary of the compound of the cinema building to the outer boundary of the compound, if any, of the other building mentioned in that clause.]3 (2) Subject to the foregoing provisions of this section and to the control of the State Government and the interests of the general public, the licensing authority may grant licences under this Act on such terms and conditions and subject to such restrictions as it may determine and on payment of such fees as may be prescribed. (3) Any person aggrieved by the decision of a licensing authority refusing to grant a licence under this Act may, within such time as may be prescribed; appeal to [the appellate authority and the appellate authority]5 may make such order in the case as it thinks fit. (4) 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 film or class of films so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films 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.