Amendment status not verified — confirm the current text below against the official source.
Classifications as to seats:- The question as to whether the licensing authority can make classes of cinema hall seats and prescribe the rate s therefore was raised in State of Punjab v. Deepak Theatre L.P.A no. 913 of 1980 decided on 3rd day of April, 1981, It was held that the licensing authority has got the power to do so. It was held that the power to regulate and licence a trade, business or calling would enable the authorities to make classes of cinema hall seats and to prescribe the rates there for. See also Gobind Ram v. state of U.P AIR 1961 All. 600, Wherein somewhat similar question arose and validity of rules was upheld. SECTION 8 *[8.Power to suspend, cancel or revoke licence:- (1) Not withstanding anything contained in this Act, the State Government or the licensing authority may at any time suspend, cancel or revoke a license granted under section 5 on one or more of the following grounds namely:- (a)The license was obtained through fraud or misrepresentation; (b.)the licensee has committed a breach of any of the provision of this Act or the rules made there under or of any condition or restriction in the license, or of any direction issued under sub-section(4) of section 5; _____________________ *Substituted by Punjab Act of of 1955. Ss. 8-8A] The Punjab Cinemas (Regulation) Act, 1952 19 (c) on account of any changes occurring in the locality of the place licensed, the continuance of the license is considered prejudicial to decency or morality; or (d)the licensee has been convicted of an offence under section 7 of this Act or section 7 of the Cinematograph Act, 1952 (XXXVII of 1952). *[e. the licensee has been convicted for not less than three times of an offence punishable under clause (a) of sub-section (1) of section 15 of the Punjab Entertainments Duty Act, 1955, or has copounded such offence for not less than three time under section 16 of that Act ; (f) a penalty under section 14-A of the Act referred to in clause (e) has been imposed for not less than three times on the licensee ; or (g) a tax exceeding two hundred rupees has been assessed on the licensee in any one case under sub-clause (ii) of clause (e) of section 2 of the Act referred to in clause (e).] (2) Where the Government or the licensing authority is of the opinion that a license granted under section 5 should be suspended, cancelled or revoked it shall as soon as may be, communicate to the licensee the grounds on which the action is proposed to be taken and shall afford him a reasonable opportunity of showing cause against the action proposed to be taken. (3) If, after giving such opportunity, the Government or the licensing authority, as the case may be , is satisfied that the license should be suspended, cancelled or revoked, it shall record an order stating therein the ground or grounds on which the order is made, and shall communicate the same to the licensee in writing. (4) Where the order suspending cancelling or revoking a license under subsection (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 prefer an appeal to Government which may pass such order as it thinks fit. (5) The order of the Government shall be final. SECTION 8A [8A. Restoration of certain cancelled licences on payment of penalty.Where licence is cancelled under clause (b) of sub-section (1) of section 8 for a breach of the condition of the licence specified in the proviso to sub-section (2) of section 5, the licensing authority may, on an application made to it by the person whose licence is cancelled, restore the licence if such a person pays to the licensing authority, for each day on which the licensee failed to give exhibition by means of a cinematograph, including the days referred to in the said proviso, such penalty, which may extend to twice the amount of the daily average, as may be determined by the licensing authority. _________________________ *Clauses (e) to (g) inserted of Punjab Act 4 of 1963. * Inserted by Haryana Act 5 of 1968. 20 Haryana [S. 8] Explanation:- For the purposes of this section, the expression "the amount of the daily average" means the amount which is arrived at after dividing the aggregate amount of entertainment duty and entertainment tax per show paid or payable by the person whose licence is cancelled for period of fifteen days next preceding the date on which such person first failed to give exhibition by means of a cinematograph, by the number fifteen.] COMMENTARY