5. Restrictions on powers of licensing authority

  1. The licensing authority shall, in deciding whether to grant or refuse a license, have regard to the following matters, namely :--
    1. the interest of the public generally ;
    2. the status and previous experience of the applicant ;
    3. the suitability of the place where the cinematograph exhibitions are proposed to be given ;
    4. the adequacy of existing places for the exhibition of cinematograph films in the locality ;
      the benefit to any particular locality or localities to be afforded by the opening of a new place of cinematograph exhibition ;
    5. 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 license or at any previous time, and shall also take into 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 license unless it is satisfied that—
    1. the rules made under this Act have been substantially complied with, and
    2. adequate precautions have been taken in the place, in respect of which the license is to be granted, to provide for the safety, convenience and comfort of the persons attending exhibitions therein
      Provided that the authority shall, before refusing to grant a license 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 subsection (1), limit the number of places in any area in respect of which the licenses under this Act may be granted.
  4. The Government may issue such orders and directions of a general character as they may consider necessary, in respect of any matter relating to licenses for the exhibition of cinematograph films, to licensing authorities, and every licensing authority shall give effect to such orders and directions.
  5. Subject to the foregoing provisions of this section, the licensing authority may grant licenses under this Act to such persons and on such terms and conditions and subject to such restrictions as it may determine.
  6. Every license under this Act shall be personal to the person to whom it is granted and no transfer or assignment thereof, whether absolute or by way of security or otherwise, shall be valid unless approved in writing by the licensing authority.
  7. Any person aggrieved by the decision or order taken or passed by the licensing authority under this Act may, within such time as may be prescribed, appeal --
    1. 1 Where the licensing authority is the executive authority of a local authority and such executive authority has taken the decision or passed the order without the previous concurrence of that local authority to that local authority, and
    2. in any other case, to such officer or authority as the Government may, by
      notification, specify in this behalf .
  8. 1 Any officer or authority appointed by the Government in this behalf by notification may , either of his or its own motion or otherwise, call for the records of any case in which an order has been passed in appeal under sub-section (7) and pass such order thereon as he or it thinks fit :
    Provided that no order shall be passed under this sub-section without giving the party who may be affected thereby an opportunity of being heard.

1Substituted by Act 22 of 1975.