Uttar Pradesh Cinemas (Regulation) Act, 1955
[U.P . Act 3 of 1956 as amended up to U.P . Act 2 of 2021] [10th January, 1956]
CONTENTS
1. Short title, extent and commencement
2. Definition
3. Licence
4. Licensing Authority
4-A. Permission for holding entertainment
4-B. Provisions related to the licensing and permission
5. Restrictions on the powers or Licensing authority
6. Power of the State Government or District Magistrate to suspend exhibition of films in certain cases
6-A. Inspection
7.
8. Penalty
9. Offences by companies
10. Power to exempt
11. Protection of action taken under the Act 12. Repeal Act II of 1918
13. Power to make rules
13-A. Validation and Savings
An Act to make provisions For regulating exhibitions by means of cinematographs 2[and video]
Whereas it is expedient to make provisions for exhibitions by means of cinematographs 3[and video] in the State of Uttar Pradesh;
It is hereby enacted as follows:
## Section 1. Short title, extent and commencement.—(1) This Act may be called the Uttar Pradesh Cinemas (Regulation) Act, 1955.
(2) It shall extend to the whole of Uttar Pradesh.
(3) It shall come into force on such date4 as the State Government may by notification in the official Gazette, appoint.
## Section 2. Definition.—In this Act, unless there is anything repugnant in the subject or context,-—
5[(a) “appellate authority” means the State Government when the appeal is preferred against the order of an Officer, notified by the State Government for this purpose and the Divisional Commissioner when the appeal is preferred against an order of the District Magistrate.]
6[(aa)] “cinematograph” includes 7[any apparatus or electronic digital projection system or any other emerging analogeus technology] 8[other than video] for the representation of moving picture or series of pictures;
9[(a-1) “Competent Authority” means the local authority created or established under any law for the time being in force by the State Government which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property;]
10[(a-2) “Entertainment” includes any exhibition, performance, amusement, game, sport (including horse race). Direct-T o-Home Broadcasting services. Cable Services, exhibition by means of cinematograph. Digital Projection System and Video, to which persons are admitted for payment and, in the case of exhibition by means of cinematograph and Digital Projection System includes exhibition news-reel, documentaries, cartoons, advertisements, shorts and slides, whether before or during the exhibition of a feature film or separately. It also includes any activity notified as entertainment by the State Government from time to time;]
11[(a-3) “exhibition by means of video” means an exhibition to or in public, on payment for admission of moving pictures or series of pictures by playing or replaying a pre-recorded cassette or any other device, by whatever name called or by means of
a video cassette player or any other apparatus, by whatever name called whether on screen of a television set or video scope or otherwise;]
12[(a-4) “Mini Cinema” means a single screen cinema licensed for cinematograph exhibition or exhibition through digital projection system in a permanent building with seating capacity not exceeding 125,]
13[(a-5) “Multiplex” means a group or conglomeration of two or more than two cinema halls within the same premises with commercial, cultural and other entertainment related facilities;]
14[Explanation—Digital projection system is a set of electronic apparatus used for digital cinema exhibition receiving digital print delivery through hard disc or through satellite or otherwise.]
Explanation—For the purposes of this clause exhibition by means of video in any restaurant or hotel or public transport vehicle shall be deemed to be on payment for admission whether or not payment for admission to such exhibition is charged distinctly from the payment for refreshment or meals or room rent or fare or any other charges, as the case may be;]
(b) “occupier” includes a managing agent or other person authorized to represent the occupier or having charge, management or control of the place on his behalf;
(c) “owner” used with reference to any place includes any person receiving or entitled to receive the rent from the occupier;
(d) “place” includes a house, building, tent or other structure and any description of transport whatsoever;
(e) “prescribed” means prescribed by rules made under this Act; and
(f) “State Government” means the Government of Uttar Pradesh;
(f-1) 15[* * *]
(f-2) 16[* * *]
17[(g) ‘Video’ means any system, by whatever name called, of recording on, or reproducing from video cassette or any other device by whatever name called or transmitting through any recording medium or directly the moving visual images with or without sound.]
18[19[(h)] ‘Video library’ means a place, by whatever name called, where the business of selling or letting on hire or distribution or exchange or putting into circulation in any manner whatsoever, of moving pictures or series of pictures recorded on a 20[video cassette or any other device by whatever name called] if carried on.]
21[(i) Words and expression not defined in this Act but defined in 22[* * *] or the Cable T elevision Network (Regulation) Act, 1995 shall have the meaning assigned to them in the said Acts.]
## Section 3. Licence.—Save us otherwise provided in this Act, no person shall,—
24[(a) give an exhibition by means of cinematograph, or digital projection system, or]
(b) give an exhibition by means of video, or
(c) keep a video library, or
(d) 25[* * *]
elsewhere than in a place licensed under this Act, or otherwise than in compliance with the conditions and restrictions imposed by such license.]
## Section 4. Licensing Authority.—The authority having power to grant license under this Act (hereinafter referred to as the licensing authority) shall be the District Magistrate:
Provided that the State Government may, by notification in the Gazette, confer upon an Officer, notified by the State Government for this purpose, for the whole or any part of the State, such of the powers of the licensing authority under this Act, as it may specify in the notification, either concurrently with or to the exclusion of the District Magistrate.
Provided further that where any of such powers are exercisable concurrently by the District Magistrate and an Officer, notified by the State Government for this purpose, each of them shall keep the other informed of all orders passed by them, and in case of difference of opinion between them on any matter a reference shall be made to the State Government whose decision shall be final.]
27[4-A. Permission for holding entertainment.—(1) No entertainment on which any tax is leviable, whether exempted from the liability to pay tax or not, shall be held without obtaining prior permission or the District Magistrate.
(2) The District Magistrate may permit any such entertainment after satisfying himself that proper precaution has been taken for electrical and fire safety, law and order, public order and safety, and extra safety measure have been taken for any arrangement of air cooling or air conditioning facility and any other electrical installations at the place where the entertainment is proposed to be held.
(3) Not with standing anything to the contrary contained in any provision of this Act or any other law for the time being in force, the District Magistrate or any other officer authorized by the State Government in this behalf, may prohibit the holding of such entertainment, if he is satisfied that—
(a) the proprietor has given any false information which is likely to result in the evasion of tax;
(b) the proprietor has committed or likely to commit a breach of any of the provisions of this Act or the rules made there under; or
(c) the holding of the entertainment is prejudicial to public safety, decency or morality:
Provided that nothing in this section shall apply to Direct-to-Home cable services and all entertainments licensed under the provisions of this Act.]
28[4-B. Provisions related to the licensing and permission.—(1) A license required for the entertainments, as provided in Section 3 may be granted by the licensing authority for a period not exceeding five years,
(2) A permission, as provided in Section 4-A may be granted by the District Magistrate for the required period as mentioned in an application not exceeding five years.
(3) On submission of an application complete in all respect the licensing authority or the District Magistrate shall grant or refuse to grant license or permission within 30 days from the date of receipt of an application in such manner as may be prescribed by the State Government. On expiry of the said period, the license or the permission shall be deemed to be granted.
29[(4) The applicant shall submit his/her application on departmental web portal along with necessary documents and payment of fees (if any). If the application is complete in all respect and the applicant is eligible, the license or permission shall be granted through the web portal within thirty days and the same shall be sent through e-mail to the applicant. The Applicant may also download the said license or permission from the departmental web portal:
Provided if the license or permission is obtained by misrepresentation of facts or concealment of facts or on the basis of forged documents then such license or permission shall be deemed null and void and may be cancelled by the licensing authority or District Magistrate and legal action shall be taken against applicant.]]
## Section 5. Restrictions on the powers or 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
30[(aa) the building or other place in which cinematograph exhibition proposed to be given—
31[(i) is situated at a distance of not less than 200 metres from the Raj Bhawan, the State Government Secretariat or the High Court;]
(ii) 32[* * *]
(iii) 33[* * *]]
(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) 34[* * *]
35[(c) the grant of licence is not otherwise contrary to the public interest.]
Explanation—(1) 36[* * *]
(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.]
37[Note.—The certificate of actual measurement in Metre-Kilogram-Second (M.K.S.) system shall be provided by the Competent Authority or the person authorized by him.]
(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 38[the appellate authority and the appellate authority] 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.
## Section 6. Power of the State Government or District Magistrate to suspend exhibition of films in certain cases.—(1) The State Government, in respect of the whole of the State of Uttar Pradesh or arty pint thereof; and the District Magistrate in respect of the district within his jurisdiction, may, if it or, he, as the case may-be, is of opinion that any film which is being publicly exhibited, is likely to cause a breach of the peace, by order, suspend the exhibition of the films and thereupon the films shall not during such suspension be exhibited in the State, part of the district concerned, notwithstanding the certificate granted under the Cinematograph Act, 1952 (Act 37 of 1952).
(2) Where an order under sub-section (1) has been made by a District Magistrate 39[* * *] a copy thereof together with a statement of reasons thereof shall forthwith be forwarded by him to the State Government which may either confirm or discharge the order.
(3) An order of suspension made under this section, shall 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, direct that the suspension shall be extended by such further period as it thinks fit.
40[6-A. Inspection.—[(1) The Licensing Authority or any other officer authorized by him in this behalf may, with such assistance as may be necessary, enter, inspect and search at any reasonable time, any place ordinarily used or suspected to be used, for exhibition by means of cinematograph or video, or for keeping 41[video library], with a view to securing compliance of the provisions of this Act or the rules made thereunder 42[and many seize such films and video cassettes as are found being exhibited or kept in contravention thereof.]
(2) Every officer, referred to in sub-section (1), shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
(3) Every officer, referred to in sub-section (1), may require a person who is suspected of contravening any of the provisions of this Act or rules made thereunder, to declare immediately his name and address, or if the officer reasonably suspects him of giving a false name or address, the officer may arrest him and detain or get him detained at the nearest police station and the provisions of Section 42 of the Code of Criminal Procedure, 1973 shall apply]
43[(4) Every officer referred to in sub-section (1) shall have the power to prevent any exhibition by means of 44[cinematograph or digital projection system or video] being given in contravention of the provisions of Section 3 and may, for that purpose, use such minimum force as he may consider necessary in the circumstances of the case.]
45[(5) Every film or video cassette seized under sub-section (1), shall, as soon as may be, be produced before the court having jurisdiction which may make such order as it thinks fir for its proper custody.]
46[(6) Films and video cassettes seized under sub-section (1) shall be liable to confiscations by an order of the court having jurisdiction:
Provided that no order of confiscation shall be made until the expiration of one month from the date of seizure, and without hearing any person who may claim any right thereto and considering the evidence, if any, which he produces in respect of his claim.]
## Section 7..—[(1) Notwithstanding anything contained in this Act, where a licence has been granted under Section 5, it may be cancelled or revoked in the public interest—
(i) by the State Government, where the licence was granted by the Government or by the licensing authority;
(ii) by the licensing authority, where the licence was granted by such authority.]
48[(1-A) In particular and without prejudice to the generality of the power conferred by sub-section (1), a licence may be cancelled. or revoked under that sub-section on any of the following grounds, namely:—
(a) that the licence was obtained through fraud or misrepresentation; or
(b) that the licensing authority or the 49[appellate authority] while considering the application or appeal, as the case may be, under Section 5 was under a mistake as to a matter essential to the question of grant or refusal of licence; or
(c) that the licensee has been guilty of breach of the provisions of this Act or the rules made thereunder or of any conditions or restrictions contained in the licence, or of any direction issued under sub-section (4) of Section 5; or
(d) that on account of any change occurring in the situation of the place licensed, the continuance of the licence is considered prejudicial to decency or morality; or
(e) that the licensee has been convicted of any offence under Section 8 of the this Act or Section 7 of Cinematograph Act, 1952.]
(2) Where the State Government or the licensing authority is of the opinion that a licence granted under Section 5 should be 50[* * *] cancelled or revoked, it shall, as soon as may be, communicate to the license the grounds on which the action is proposed to be taken and shall afford him a reasonable opportunity of making a representation against it:
51[Provided that where the State Government or the licensing authority, as the case may be, is further of the opinion that the object of the action proposed to be taken would be’ defeated by delay, it may, while or after communicating-to the licensee, as aforesaid, the grounds on which the action is proposed, pass an interim order suspending the licence in the meantime.]
(3) If after considering the representation, the State Government or the licensing authority as the case may be, is satisfied that the licence should be 52[* * *] cancelled or revoked, it may make an order accordingly and shall communicate it to the licensee stating in writing the grounds therefore.
(4) Where the order 53[suspending a licence under the proviso to sub-section (2) or cancelling or revoking it under sub-section (3)] has been passed, by a, licensing
authority, any person aggrieved by the order may, within, thirty days of the communication of such order to him, appeal to the 54[appellate authority], which may pass such order as it may think fit.
(5) The order of the 55[appellate authority] shall be final.
## Section 8. Penalty.—(1) If the owner or person incharge of a Cinematograph uses or allows it to be used, or, if the owner or occupier of a place permits that place to be used, for exhibition by means by cinematograph, or if a person give exhibition by means of video or keeps a 57[video library or holds entertainment], in contravention of the provisions of this Act or the rules made thereunder, or of the conditions and restrictions upon or subject to which licence has been granted under this Act, he shall be punishable 58[with simple imprisonment for a term which may extend to six months or with fine which may extend to 59[twenty thousand rupees], or with both], and in the case of continuing offence with a further fine which may extend to 60[two thousand rupees] for each day during which the offence continues.
(2) If any, person prevents the entry of any officer duly authorized in this behalf, or otherwise obstructs such officer in the discharge of his duties imposed by or under this Act or the rules made thereunder, he shall be punishable with fine which may extend to 61[ten thousand rupees].]
62[(3) If any person commits or attempts to commit or abets the commission of offer ??? infringement of copyright in relation to a cinematograph or video film or a record embodying in part of sound track associated with the film, punishable under the Copyright Act, 1957 or exhibit or permits to be exhibited or sale, store, let on hire, distribute, exchange or put into circulation any infringed copy of cinematograph film or, video cassette or any other device by whatever name called shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than 63[fifty thousand rupees] but which may extend to live lakh rupees or with both.]
64[(4) If a person, having been convicted of an offence punishable under sub-section (3) is again guilty of an offence punishable under that sub-section, he shall be punishable for the second or subsequent offence, for a term of imprisonment which shall not be less than one year which may extend to two years or with fine which shall not be less than filly thousand rupees but which may extend to five lakh rupees or with both.]
65[8-A. Compounding of Offences.—(1) Any offence punishable under this Act may, subject to any general or special order of the State Government in this behalf, be compounded by the Licensing Authority, either before or after the institutions of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence.
(2) Where the offence is so compounded—
(a) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if any custody, be set at liberty;
(b) after the institution of the prosecution the composition shall amount to acquittal of the offender.]
## Section 9. Offences by companies.—(1) If the person committing any offence under this Act is a company, every person who at the time the offence was, committed was in charge if was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be deemed to be guilty of the offence and shall be liable to be proceeded against and published accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge of that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation-For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “Director” in relation to a firm means a partner in the firm.
## Section 10. Power to exempt.—The State Government may, in the interests of the general public or any section thereof, by order in writing and stating the reasons therefore exempt subject to such conditions and restrictions as it may impose, 66[any exhibition or class of exhibitions by means of cinematograph or video or any video library] from any of the provisions of this Act or any rules made thereunder.
## Section 11. Protection of action taken under the Act.—(1) No suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order-made or deemed to be made under this Act or the rules made thereunder.
(2) No suit or legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made or deemed to be made under this Act or the rules made thereunder.
## Section 12. Repeal Act II of 1918.—(1) The Cinematograph Act, 1918 in so far as it relates to the matters other than the sanctioning of Cinematographs films for exhibition, is hereby repealed in its application to the State of Uttar Pradesh.
(2) Any 67[rule or order] made under the Cinematograph Act, 1918 (Act 2 of 1918) and in force immediately before the commencement of this Act, shall continue in force any be deemed to be a 68[rule or order] made under it is Act; and all appointments made, licences granted, conditions or restrictions, imposed and directions issued under any such 69[rule or order] and in force immediately before such commencement, shall like wise continue in force and be deemed to be made granted Imposed or issued In pursuance of this Act.
## Section 13. Power to make rules.—(1) The State Government may, 70[* * *] make rules for the purpose of carrying the provisions of this Act into effect.
(2) In particular and without prejudice to the generality of the forgetting Power, rules made under this Act—
(a) for the situation and regulation of the places at which and the conditions subject of which 71[exhibitions by means of cinematograph or video may be made or 72[video library] may be kept];
73[(aa) for the imposition of composition charges not exceeding 74[two lakh rupees], on payment whereof exemption under Section 10 may be granted from the provisions of the rules relating to the site or building to be used for exhibition by means of 75[cinematography or video].]
(b) for the fees to be levied for grant and renewal of licences for places and cinematograph exhibition 76[licences under this Act;]
(c) for fees for inspection of places, electrical and other appliances and installations;
(d) for the terms, conditions: and restrictions subject to which licences may be granted’;
(e) for inspection, of electric appliances and other installations;
(f) for the period during which and which conditions subject to which an appeal under this Act may be preferred.
77[(3) All rules made under this Act shall, as soon as may be after they are made be laid before each House of’ the State Legislature while it is in session for a total period of thirty days extending in its one session or more than one successive sessions, and-shall unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may during the said period agree to make, so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done thereunder.]
78[13-A. Validation and Savings.—The provisions of this Act as amended by the Uttar Pradesh Cinemas (Regulation) (Amendment) Act, 2017 shall also apply to the applications pending and approval given for construction of permanent building and license granted before the commencement of the Insertion of Section 13-A said Act of 2017.]
———
1. For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary, dated December 15, 1954.
[Passed in Hindi by the Uttar Pradesh Legislative Council on December 23, 1954 and by the Uttar Pradesh Legislative Assembly on December 12, 1955.
Received the assent of the Governor on January 10, 1956 under Article 200 of‘the Constitution of India’, and was published in the Uttar Pradesh Gazette, Extraordinary dated January 23. 1956].
2. Ins. by U.P . Act 21 of 1986, S. 2 (w.e.f. 1-9-1988).
3. Ins. by U.P . Act 21 of 1986, S. 3 (w.e.f. 1-9-1988).
4. Enforced w.e.f. 25-6-1956, vide Noti. No. 1633-A/IIII-7(47)/52, dt. 23-6-1956.
5. Subs. by U.P . Act 7 of 2018, S. 2(a) (w.e.f. 5-1-2018). Earlier, inserted by U.P . Act 32 of 1995, S. 2 (w.e.f. 10-10-1995). Prior to substitution it read as:
“(a) ‘appellate authority’ means the State Government when the appeal is preferred against an order of the Entertainment T ax Commissioner, Uttar Pradesh, and the Divisional Commissioner when the appeal is preferred against an order of the District Magistrate;”.
6. Clause (a) renumbered as clause (aa) of Section 2 by U.P . Act 32 of 1995, S. 2 (w.e.f. 10-10-1995).
7. Subs. for “any apparatus” by U.P . Act 27 of 2009, S.2 (a)(i) (w.e.f. 8-9-2009).
8. Ins. by U.P . Act 21 of 1986, S. 4(a) (w.e.f. the date to be notified).
9. Subs. by U.P . Act 7 of 2018, S. 2(a) (w.e.f. 5-1-2018). Earlier, inserted by U.P . Act 21 of 1986, S. 4(b) (w.e.f. 1-9-1988). Prior to substitution it read as:
“(a-1) ‘exhibition’ by means of video means an exhibition in public on payment for admission of moving pictures or series of pictures by playing or replaying a pre-recorded cassette or any other device, by whatever name called by means of a video cassette player or any apparatus or electronic digital projection system or any other emerging analogous technology, by whatever name called whither on the screen of a television set or video scope or otherwise;”.
10. Subs. by U.P . Act 7 of 2018, S. 2(a) (w.e.f. 5-1-2018). Earlier, inserted by U.P . Act 27 of 2009, S. 2(b) (w.e.f. 8-9-2009). Prior to substitution it read as:
“(a-2) ‘Multiplex’ means a group or conglomeration of two or more than two cinema halls within the same premises with commercial, cultural and other entertainment related facilities,”.
11. Ins. by U.P . Act 7 of 2018, S. 2(a) (w.e.f. 5-1-2018).
12. Ins. by U.P . Act 7 of 2018, S. 2(a) (w.e.f. 5-1-2018).
13. Ins. by U.P . Act 7 of 2018, S. 2(a) (w.e.f. 5-1-2018).
14. Ins. by U.P . Act 27 of 2009, S. 2(a)(ii) (w.e.f. 8-9-2009).
15. Omitted by U.P . Act 7 of 2018, S. 2(b) (w.e.f. 5-1-2018). Earlier, inserted by U.P . Act 27 of 2009, S. 2(c) (w.e.f. 8-9-2009). Prior to omission it read as:
“(f-1) ‘television signal receiver’ means any device, by whatever name called, used to receive and/or decode the transmission programme of particular channel and without which no person is able to see a particular channel programme;”.
16. Omitted by U.P . Act 7 of 2018, S. 2(b) (w.e.f. 5-1-2018). Earlier, inserted by U.P . Act 27 of 2009, S. 2(c) (w.e.f. 8-9-2009). Prior to omission it read as:
“(f-2) ‘television signal receiver agency’ means a place by whatever name called, where business of selling or letting on hire or distribution or exchange
or putting into circulation in any manner whatsoever of television signal
receiver.”.
17. Ins. by U.P . Act 27 of 2009, S. 2(d) (w.e.f. 8-9-2009).
18. Ins. by U.P . Act 21 of 1986, S. 4(c) (w.e.f. 1-9-1988).
19. Clause (g) renumbered as clause (h) of Section 2 by U.P . Act 27 of 2009, S.
2(d) (w.e.f. 8-9-2009).
20. Subs. for “video cassette” by U.P . Act 8 of 2001, S. 2(b) (w.e.f. 27-3-2001).
21. Ins. by U.P . Act 27 of 2009, S. 2(e) (w.e.f. 8-9-2009).
22. Omitted by U.P . Act 7 of 2018, S. 2(c) (w.e.f. 5-1-2018). Prior to omission it
read as:
“the Uttar Pradesh Entertainments and the Betting T ax Act, 1979”.
23. Subs. by U.P . Act 27 of 2009, S. 3 (w.e.f. 8-9-2009). Earlier, substituted by U.P .
Act 21 of 1986, S. 5 (w.e.f. 1-9-1988). Prior to substitution it read as:
“3. Licence.—Save as otherwise provided in this Act, no person shall—
(a) give an exhibition by means of cinematograph; or
(b) give an exhibition by means of video; or
(c) keep a video library;
elsewhere than in a place licensed under this Act or otherwise than in
compliance with the conditions and restrictions imposed by such licence.”.
24. Subs. by U.P . Act 7 of 2018, S. 3(a) (w.e.f. 5-1-2018). Prior to substitution it
read as:
“(a) give an exhibition by means of cinematograph, or”.
25. Omitted by U.P . Act 7 of 2018, S. 3(b) (w.e.f. 5-1-2018). Prior to omission it read as:
“(d) keep television signal receiver agency.”.
26. Subs. by U.P . Act 7 of 2018, S. 4 (w.e.f. 5-1-2018). Prior to substitution it read as:
“4. Licensing Authority.—The authority having power to grant licence under this Act (hereinafter referred to as the licensing authority) shall be the district magistrate:
Provided that the State Government may, by notification in the, Gazette confer upon the Entertainment T ax Commissioner, Uttar Pradesh for the whole or any part of the state, such of the powers of the licensing authority under this Act, as it may specify in the notification, either concurrently with or to the exclusion of the District Magistrate:
Provided further that where any of such powers are exercisable concurrently by the District Magistrate and the Entertainment T ax Commissioner each of them shall keep the other informed of all orders passed by him, and in case of difference of opinion between them on any matter a reference shall be made to the State Government whose decision shall be final.”.
27. Ins. by U.P . Act 7 of 2018, S. 5 (w.e.f. 5-1-2018).
28. Ins. by U.P . Act 7 of 2018, S. 5 (w.e.f. 5-1-2018).
29. Subs. by U.P . Act 2 of 2021, S. 2 (w.r.e.f. 4-11-2020). Prior to substitution it read as:
“(4) The applicant may submit his/her application on departmental web portal along with necessary documents and payment of fees (if any). If the application is complete in all respect and the applicant is eligible, the license or permission shall be granted through the web portal within 30 days and the same shall be sent through email to the applicant. The applicant may also download the said license or permission from the departmental web portal:
Provided if the license or permission is obtained by misrepresentation of fact or concealment of fact or on the basis of forged document then such license or permission shall be deemed null and void and may be cancelled by the licensing authority or District Magistrate and legal action shall be taken against applicant.”.
30. Ins. by U.P . Act 27 of 1974, S. 2(i) (w.e.f. 26-8-1974).
31. Subs. by U.P . Act 7 of 2018, S. 6(a)(i) (w.e.f. 5-1-2018). Prior to substitution it read as:
“(i) 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;”.
32. Omitted by U.P . Act 7 of 2018, S. 6(a)(ii) (w.e.f. 5-1-2018). Prior to omission it read as:
“(ii) 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;”.
33. Omitted by U.P . Act 7 of 2018, S. 6(a)(ii) (w.e.f. 5-1-2018). Prior to omission it read as:
“(iii) is not situated in a locality which is exclusively residential m character or is reserved exclusively for residential purposes; and”.
34. Omitted by U.P . Act 7 of 2018, S. 6(b) (w.e.f. 5-1-2018). Earlier, inserted by U.P . Act 12 of 1989, S. 2 (w.e.f. 15-4-1989). Prior to omission it read as:
“(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.”.
35. Ins. by U.P . Act 27 of 1974, S. 2(ii) (w.e.f. 26-8-1974).
36. Omitted by U.P . Act 7 of 2018, S. 6(c)(i) (w.e.f. 5-1-2018). Earlier, inserted by
U.P . Act 27 of 1974, S. 2(iii) (w.e.f. 26-8-1974). Prior to omission it read as:
“Explanation—(1) Different minimum distances may be prescribed under
sub-clause (ii) of clause (aa) in relation to different classes of public buildings,
institutions and hospitals,”.
37. Ins. by U.P . Act 7 of 2018, S. 6(c)(ii) (w.e.f. 5-1-2018).
38. Subs. by U.P . Act 32 of 1995, S. 3 (w.e.f. 10-10-1995). Prior to substitution it
read as:
“the State Government and the State Government”.
39. Omitted by S. 9 of Second Schedule to U.P . Act 42 of 1958.
40. Ins. by U.P . Act 21 of 1986, S. 6 (w.e.f. 1-9-1988).
41. Subs. for “video library or television signal receiver agency” by U.P . Act 7 of
2018, S. 7(a) (w.e.f. 5-1-2018).
42. Ins. by U.P . Act 32 of 1995, S. 4(a) (w.e.f. 10-10-1995).
43. Ins. by U.P . Act 12 of 1989, S. 3 (w.e.f. 15-4-1989).
44. Subs. for “cinematograph or video” by U.P . Act 7 of 2018, S. 7(b) (w.e.f.
5-1-2018).
45. Ins. by U.P . Act 32 of 1995, S. 4(b) (w.e.f. 10-10-1995).
46. Ins. by U.P . Act 32 of 1995, S. 4(b) (w.e.f. 10-10-1995).
47. Subs. by U.P . Act 27 of 1974, S. 3(i) (w.e.f. 26-8-1974).
48. Ins. by U.P . Act 27 of 1974, S. 3(i) (w.e.f. 26-8-1974).
49. Subs. for “State Government” by U.P . Act 32 of 1995, S. 5(a) (w.e.f.
10-10-1995).
50. The word “suspended” omitted by U.P . Act 27 of 1974, S. 3(ii)(a) (w.e.f.
26-8-1974).
51. Ins. by U.P . Act 27 of 1974, S. 3(ii)(b) (w.e.f. 26-8-1974).
52. The word “suspended” omitted by U.P . Act 27 of 1974, S. 3(iii)) (w.e.f.
26-8-1974).
53. Subs. by U.P . Act 27 of 1974, S. 3(ivi) (w.e.f. 26-8-1974). Prior to substitution it
read as:
“suspending, cancelling or revoking a licence under sub-section (3)”.
54. Subs. for “State Government” by U.P . Act 32 of 1995, S. 5(b) (w.e.f.
10-10-1995).
55. Subs. for “State Government” by U.P . Act 32 of 1995, S. 5(c) (w.e.f.
10-10-1995).
56. Subs. by U.P . Act 21 of 1986, S. 7 (w.e.f. 1-9-1988).
57. Subs. for “video library or television signal receiver agency” by U.P . Act 7 of
2018, S. 8(a) (w.e.f. 5-1-2018). Earlier, substituted for “video library” by U.P . Act
27 of 2009, S. 5(a)(i) (w.e.f. 8-9-2009).
58. Subs. by U.P . Act 12 of 1989, S. 4 (w.e.f. 15-4-1989). Prior to substitution it
read as:
“with fine which may extent to two thousand rupees”.
59. Subs. for “ten thousand rupees” by U.P . Act 7 of 2018, S. 8(a) (w.e.f.
5-1-2018). Earlier, substituted for “five thousand rupees” by U.P . Act 27 of 2009,
S. 5(a)(ii) (w.e.f. 8-9-2009).
60. Subs. for “five hundred rupees” by U.P . Act 27 of 2009, S. 5(a)(iii) (w.e.f.
8-9-2009).
61. Subs. for “five thousand rupees” by U.P . Act 7 of 2018, S. 8(b) (w.e.f.
5-1-2018). Earlier, substituted for “two thousand rupees” by U.P . Act 27 of 2009,
S. 5(b) (w.e.f. 8-9-2009).
62. Ins. by U.P . Act 27 of 2009, S. 5(c) (w.e.f. 8-9-2009).
63. Subs. for “twenty five thousand rupees” by U.P . Act 7 of 2018, S. 8(c) (w.e.f.
5-1-2018).
64. Ins. by U.P . Act 27 of 2009, S. 5(c) (w.e.f. 8-9-2009).
65. Ins. by U.P . Act 21 of 1986, S. 7 (w.e.f. 1-9-1988).
66. Subs. by U.P . Act 21 of 1986, S. 8 (w.e.f. 1-9-1988). Prior to substitution it read
as:
“any cinematograph exibition or class of exibitions”.
67. Subs. for “order” by U.P . Act 27 of 1974, S. 4 (w.r.e.f. 25-6-1956).
68. Subs. for “order” by U.P . Act 27 of 1974, S. 4 (w.r.e.f. 25-6-1956).
69. Subs. for “order” by U.P . Act 27 of 1974, S. 4 (w.r.e.f. 25-6-1956).
70. The words “after previous publication” omitted by U.P . Act 27 of 1974, S. 5(a)
(w.r.e.f. 25-6-1956).
71. Subs. by U.P . Act 21 of 1986, S. 9(a) (w.e.f. 1-9-1988). Prior to substitution it
read as:
“cinematograph exibitions may be displayed”.
72. Subs. for “video libraries or television signal receiver agencies” by U.P . Act 7
of 2018, S. 9(a) (w.e.f. 5-1-2018). Earlier, substituted for “video libraries” by U.P .
Act 27 of 2009, S. 6(a) (w.e.f. 8-9-2009).
73. Ins. by U.P . Act 12 of 1989, S. 5 (w.e.f. 15-4-1989).
74. Subs. for “fifty thousand rupees” by U.P . Act 7 of 2018, S. 8(b) (w.e.f.
5-1-2018).
75. Subs. for “cinematography” by U.P . Act 27 of 2009, S. 6(b) (w.e.f. 8-9-2009).
76. Subs. by U.P . Act 21 of 1986, S. 9(b) (w.e.f. 1-9-1988). Prior to substitution it
read as:
“licences for places and cinematograph exhibition”
77. Ins. by U.P . Act 27 of 1974, S. 5(b) (w.e.f. 26-8-1974).
78. Ins. by U.P . Act 7 of 2018, S. 10 (w.e.f. 5-1-2018).