An ACT to provide for the regulation of exhibitions by means of cinematographs in the
State of Kerala .
Preamble.- WHEREAS it is expedient to provide for the regulation of exhibitions by
means of cinematographs in the State of Kerala ;
BE it enacted in the Ninth Year of the Republic of India as follows:-

  1. Short title, extent and commencement.- (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.
  2. Definitions.- 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
  3. Cinematograph exhibitions to be licensed.-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.
    [4. Licensing authority.-The authority having power to grant a licence under this Act
    (hereinafter referred to as the licensing authority) shall be the [secretary] of the localauthority 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.]
  4. Restrictions on powers of licensing authority.-(1) The licensing authority shall, in
    deciding whether to grant or refuse a licence, have regard to the following matters,
    (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
    (d) the adequacy of existing places for the exhibition of cinematograph films in the
    (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 or elsewhere, and whether at the time of applying for the licence or at
    any previous time, and shall also take in to consideration any representation made by
    persons already giving cinematograph exhibitions in or near the proposed locality
    whether within the jurisdiction of the same local authority or not or by any police
    authority within whose jurisdiction the place proposed to be licensed is situated or by any
    association interested in the giving of cinematograph exhibitions.
    (2) The licensing authority shall not grant a licence 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 granted, to provide for the safety, convenience and comfort of the persons attending
    exhibitions therein:
    Provided that the licensing authority shall, before refusing to grant a licence under this
    Act, give the applicant an opportunity of showing cause against the proposed action.
    (3) The licensing authority may, after consideration of the matters set forth in sub-section
    (1), limit the number of place in äny area in respect of which licences under this Act may
    be granted.

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