Section 9 in The Tamil Nadu Cinemas (Regulation) Act, 1955
9. Power to revoke or suspend licensee.
- [(1)] [Section 9 was renumbered as sub-section (1) of that section and these words were inserted in the marginal heading by section 4(1) of the Tamil Nadu Cinemas (Regulation) Amendment Act, 1961 (Tamil Nadu Act 4 of 1961) and the present sub-section (1) was substituted by section 4 of the Tamil Nadu Cinemas (Regulation) Amendment Act, 1964 (Tamil Nadu Act 20 of 1964).] [where the holder of a licence or any person employed by him has been convicted of an offence under clause (a) or; sub-clause (i) of clause (b) or clause (c) of sub-section (1) of section 14 of the Tamil Nadu Entertainments Tax Act, 1939 ([Tamil Nadu] [Substituted by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).] Act X of 1939), or has been permitted to compound such offence under section 15 of the said Act, or has been convicted of an offence under section 7 of the Cinematograph Act, 1952 (Central Act XXXVII of 1952), or section 8 of this Act, the license may be revoked or suspended by the licensing authority by an order in writing.][(1-A) Where the holder of a licence has been convicted for three times in the aggregate under any one or more of the following provisions, namely:-] [Substituted by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).](a)section 8 of this Act, for contravention of the condition and restriction of a licence. [* * *] [The expression 'relating to the number of persons to be admitted in any place where given' were omitted by Tamil Nadu Cinemas (Regulation) Amendment Act, 1997 (Tamil Nadu Act 30 of 1997) dated the 10th May 1997.](b)sub-clause (i) of clause (b) of sub-section (1) of section 14 of the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939).[The licensing authority shall, by an order in writing, revoke the licence.](2)If the licensing authority is satisfied, either on a reference made to it in this behalf or otherwise, that-(a)a licence granted under this Act has been obtained my misrepresentation or fraud as to an essential fact, or(aa)[ the licensee has failed to pay any amount due under the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939), or] [Inserted by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).](b)the licensee has, without reasonable cause, failed to comply with any of the provisions of this Act or of the rules made thereunder, or any of the conditions or restrictions upon or subject to which the licence has been granted.then without prejudice to any other penalty to which the [licensee may be] [Added by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).] liable under this Act, the licensing authority may [* * *] [Omitted by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).] revoke or suspend the licence.(c)[ taking into account the matters mentioned in clauses (a) to (f) of subsection (1) of section 5, the licence should be revoked or suspended.] [Added by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).][Provided that the licensing authority shall not revoke or suspend the licence under clause (aa) unless an officer of the Commercial Tax Department not below the rank of an Assistant Commissioner of Commercial Taxes certifies that the licensee has failed to pay the amount referred to in that clause.] [Inserted by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).][(2-A) No licence shall be revoked or suspended under sub-section (1) or subsection (2) unless the licensee has been given a reason able opportunity of showing cause against such revocation or suspension.] [Add by Tamil Nadu Cinemas (Regulation) Second Amendment Act, 1987 (Tamil Nadu Act 48 of 1987).](3)Where the licensing authority revokes or suspends any licence under subsection (2), it shall do so by an order communicated to the licensee giving the reasons in writing for such revocation or suspension.
