Amendment status not verified — confirm the current text below against the official source.
3[6-A.(1) The Licensing authority or any other officer authorized by Inspection 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 [video library] 4 with a view to securing compliance of the provisions of this Act or the rules made thereunder and may seize such films and video cassettes as are found being exhibited or kept in contravention thereof.]5 (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, and if such person refuses or fails to give 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.]1 [(4) Every officer referred to in sub-section (1) shall gave the power to prevent any exhibition by means of [cinematograph or digital projection system or video]2 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.]3 [(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 fit for its proper custody. (6) Films and video cassettes seized under sub-section (1) shall be liable to confiscation 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.]4 7. (1) Notwithstanding anything contained in this act, where a license has been granted under section 5, it may be cancelled or revoked in the public interest (i) by the State Government, where the license was granted by the Government or by the licensing authority ; (ii) by the licensing authority, where the license was granted by such authority. (1-A) In particular and without prejudice to the generality of the power conferred by sub-section (1), a license my be cancelled or revoked under that sub-section on any of the following grounds, namely : (a) that the license was obtained through fraud or mis-representation ; or (b) that the licensing authority or the [appellate authority]5 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 license ; 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 license, 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 license 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.]1; (2) Where the State Government or the licensing authority is of the opinion that a license granted under section 5 should be [***] 2 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 making a representation against it ; [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 license in the meantime.]3 (3) If after considering the representation, the State Government or the licensing authority, as the case may be, is satisfied that the license should by [****] 4 cancelled or revoked, it may make an order accordingly and shall communicate it to the licensee stating in writing the grounds therefor. (4) Where the order suspending a license under the proviso to sub-section (2) or cancelling or revoking it under sub-section (3)5 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 [appellate authority]6 which may pass such order as it may may think fit. (5) The order of the appellate authority7 shall be final.