(1)If the owner or person incharge of a cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used in contravention of the provisions of this Act or of the rules made thereunder, or the conditions and restrictions subject to which any licence has been granted under this Act, he shall be liable to punishment with imprisonment of the description for a term which may extend to three years or with fine upto twenty thousand rupees or with both and in case of continuing offence with a further fine which may extend to five thousand rupees for each day during which the offence continues;(2)Any offence punishable under this Act shall be cognizable offence within the meaning of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974);(3)The Chief Judicial Magistrate or any Judicial Magistrate of the first class may try an offence under this Act;(4)No Court shall take cognizance of an offence under this Act except on a complaint made by the District Magistrate or any other officer duly authorised by him;(5)If it is found that cinematograph is being used or has been allowed to be used in contravention of the provisions of this Act or the rules made thereunder the cinematograph film, and appliances may be seized on the order of the District Magistrate;(6)Where the cinematograph, film or any other appliance used for exhibition of films is seized under sub-section (5), it shall be reported without any unreasonable delay to the District Magistrate of the District, and the District Magistrate may, if he thinks expedient so to do, inspect or cause to be inspected the seized articles and decide whether or not the prosecution will be instituted for the contravention of the provisions of this Act, and the District Magistrate, on being satisfied that there has been contravention of the order, may order confiscation of all or any of the seized articles;(7)Appeal. - Any person aggrieved by the order passed by the District Magistrate under sub-section (6) may file an appeal before the Commissioner of Division within 30 days from the date of the order passed by the District Magistrate,(8)Notwithstanding any thing contained in the Code of Criminal Procedure, 1973 (Act 2 of 1974), when the District Magistrate had made seizure under this section, no court shall entertain any application in respect of the seized articles and the jurisdiction of the District Magistrate or the Appellate Authority with regard to the disposal of the same shall be exclusive;(9)The District Magistrate shall, for the purpose of this Act, have the same power as are vested in a court, under the Code of Criminal Procedure for the purpose of making enquiries under this section in respect of-(a)receiving evidence;(b)issuing summons and enforcing attendance of any person and examining him on oath; and(c)compelling production of evidence;(10)All enquiries and proceedings under this section before the District Magistrate and the appellate Authority shall be deemed to be judicial proceeding and while discharging functions under this section, District Magistrate and the Appellate authority shall be deemed to be a court.]
