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State of Tamilnadu - Section

Section 115A in The Tamil Nadu Cinemas (Regulation) Rules, 1957

115A.

(1)If a [travelling cinema] [Substituted by G.O. Ms. No. 2643, Home, dated the 12th November 1987.] building is damaged or destroyed by lire after the grant of a no objection certificate in Form "B" but before the issue of a licence in Form "C", the licensing authority may, after giving the applicant to whom the no objection certificate has been granted, an opportunity to show cause against revocation of no objection certificate, revoke the no objection certificate.
(2)If a [travelling cinema] [Substituted by G.O. Ms. No. 2643, Home, dated the 12th November 1987.] building is damaged or destroyed by fire after the grant of the licence in Form "C", the licensing authority may, after giving the licensee an opportunity to show cause against the revocation of the licence, revoke the licence.
(3)Where the licensing authority revokes the licence under sub-rule (2) he may, at his discretion, order refund of the proportionate licence fee for the unexpired period of the licence.
(4)Where the no objection certificate in Form "B" or the licence in Form "C" has been revoked by a licensing authority under sub-rule (1) or sub-rule (2), the applicant whose no objection certificate has been revoked or the licensee whose licence has been revoked, as the case may be, may apply for the grant of a fresh no objection certificate for the same site, following the procedure in rule 35 in Part 11(a).
(5)In regard to an application preferred under sub-rule (4), the licensing authority shall take de nova proceedings for the grant of a fresh no objection certificate.
(6)The licensing authority shall, in deciding whether to grant or refuse a fresh no objection certificate, have regard to the following matters, in addition to those specified in section 5(1) of the Act:-
(i)Whether the site is vulnerable to fire accident or not; and
(ii)Whether it would be in the public interest to allow a cinema to run on the same site by the same applicant.
(7)After consideration of the application made under sub-rule (4), the licensing authority may grant a fresh no objection certificate in From "B" or may refuse to grant the same. He shall also issue an order approving or not approving the plan of the building to be constructed in the approved site without unreasonable delay. A copy of the order shall be communicated to the applicant and to the persons, if any, who have filed objections before the licensing authority.
(8)If a [travelling cinema] [Substituted by G.O. Ms. No. 2643, Home, dated the 12th November 1987.] building is completely damaged and the shed falls down on account of heavy rain or wind after the grant of a licence in Form "C" the licensing authority may, after giving the licensee an opportunity to show cause against the revocation of the licence, revoke the licence. The licensing authority may grant a fresh licence in Form "C" on an application made with an electrical certificate after satisfying himself that the rules relating to the grant of licence in Form "C" are satisfied.
(9)Any person aggrieved by the decision of the licensing authority revoking the no objection certificate or the licence or granting or refusing to grant a fresh no objection certificate may appea 1 to the [Joint Commissioner of Land Administration.] [Substituted by G.O. Ms. 989, Home, dated 4th May 1988.] The rules in Part III shall apply to such appeals.
(10)[ An application for revision shall lie to the Government against the orders of the [Joint Commissioner of Land Administration] [Added by G.O. Ms. No. 3010, Home, dated 7th December 1979.] in such cases. The rules in Part III-A shall apply to such application for revision.]Part-VIIICinema Exhibitions in Educational or Industrial Establishments and in the Open Air