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State of Uttar Pradesh - Section

Section 5 in U.P. Cinemas (Regulation) Act, 1955

5. Restrictions on the powers of licensing authority.

(1)The licensing authority shall not grant a licence under this Act, unless it is satisfied that -
(a)the rules made under this Act have been substantially complied with, and
(aa)[ the building or other place in which cinematograph exhibition proposed to be given-
(i)[ is situated at a distance of not less than 200 metres from the Raj Bhawan, the State Government Secretariat or the High Court;] [Substituted by U.P. Act No. 7 of 2018, dated 5.1.2018.]
(ii)[ and (iii) ***] [Omitted by U.P. Act No. 7 of 2018, dated 5.1.2018.]]
(b)adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of persons attending exhibitions therein:
(bb)[ ***] [Omitted by U.P. Act No. 7 of 2018, dated 5.1.2018.]
(c)[ the grant of licence is not otherwise contrary to the public interest].
[***] [Omitted by U.P. Act No. 7 of 2018, dated 5.1.2018.]
(2)For the purposes of clause (aa), the distance shall be measured from the outer boundary of the compound of the cinema building to the outer boundary of the compound, if any, of the building mentioned in that clause.]
(3)Subject to the foregoing provisions of this section and to the control of the State Government and the interests of the general public, the licensing authority may grant licences under this Act on such terms and conditions and subject to such restrictions as it may determine and on payment of such fees as may be prescribed.
(4)Any person aggrieved by the decision of a licensing authority refusing to grant a licence under this Act may, within such time as may be prescribed, appeal to the State Government and the State Government may make such order in the case it thinks fit.
(5)The State Government may from time to time, issue directions to licensees generally or to any film or class of films, so that scientific films, films intended for educational purposes, films dealing with news and opportunity of being exhibited and where any directions have been issued, those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted.