Section 6 in Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders and Cable Television Network (Regulation) Act, 1984
6. Restrictions on powers of licensing authority.
(1)The licensing authority shall, in deciding whether to grant or refuse a licence for exhibition of film [on Television screen through Video Cassette Recorder or through Cable Television Network] [Inserted by the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Act, 1991 (Tamil Nadu Act 44 of 1991).] have regard to the following matters, namely:-(a)the interest of the public generally;(b)the status, antecedents and previous experience of the applicant. Explanation.-For the purpose of this clause, the expression "antecedents" means the conduct of the applicant in relation to the payment of any tax or dues payable by him to the Government;(c)the suitability of the place where the exhibition of film on Television screen through Video Cassette Recorder is proposed to be given;(d)the adequacy of existing places for the exhibition of film on Television screen through Video Cassette Recorder in the locality;(e)the benefit to any particular locality or localities to be afforded by the opening of a new place of exhibition of film on Television screen through Video Cassette Recorder;(f)the possession by the applicant, of other places, if any, licensed under this Act, whether in the same locality or elsewhere, and whether at the time of applying for the licence or at any previous time;and shall also take into consideration any representations made by persons already giving exhibition of cinematograph film or film on Television screen through [Video Cassette Recorder or through Cable Television Network] [Substituted for the words 'Video Cassette Recorder' by the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Act, 1991 (Tamil Nadu Act 44 of 1991).] in or near the proposed locality or by any local authority or police authority within whose jurisdiction the place proposed to be licensed is situated or by any association interested in the giving of exhibition of cinematograph film or film on Television screen through [Video Cassette Recorder or through Cable Television Network] [Substituted for the words 'Video Cassette Recorder' by the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Act, 1991 (Tamil Nadu Act 44 of 1991).].(2)The licensing authority shall, in deciding whether to grant or refuse to grant or renew or refuse to renew a licence for keeping any Video Library, have regard to the interest of the public generally and such other matters as may be prescribed.(3)The licensing authority shall not grant a licence under this Act, unless it is satisfied -(a)that the rules made under this Act have been substantially complied with; and(b)in the case of an application for the grant of a licence for exhibition of film, that adequate precautions have been taken in the place, in respect of which the licence is to be granted, to provide for the safety, convenience and comfort of the persons attending exhibitions therein.(4)The licensing authority may, by order in writing, refuse to grant a licence for exhibition of film [on Television screen through Video Cassette Recorder or through - Cable Television Network] [Substituted for the words 'Video Cassette Recorder' by the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Act, 1991 (Tamil Nadu Act 44 of 1991).] or refuse to grant or renew a licence for keeping any Video Library, if such authority is satisfied that -(a)the applicant has not complied with the provisions of this Act or the rules made thereunder in respect of the application for the grant of a licence; or(b)the applicant has made willful default in complying with or knowingly acted in contravention of, any requirement of this Act or the rules made thereunder or the terms and conditions of, and restrictions upon, any licence granted under this Act; or(c)in the case of an applicant for a licence for exhibition of film [on Television screen through Video Cassette Recorder or through Cable Television Network] [Substituted by the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Act, 1991 (Tamil Nadu Act 44 of 1991).], such applicant has been convicted of an offence under the Cinematograph Act, 1952 (Central Act XXXVII of 1952), or the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955) or the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939).(5)The licensing authority may, after consideration of the matters set forth in sub-section (1), limit the number of places in any area in respect of which licences to exhibition of film on Television screen through Video Cassette Recorder [or through Cable Television Network] [Inserted by the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Act, 1991 (Tamil Nadu Act 44 of 1991).] under this Act may be granted.(6)The licensing authority shall not grant a licence unless it is satisfied that adequate precautions have been taken in the place, in respect of which the licence has to be granted to provide for the safety, convenience and comfort of the persons attending exhibitions therein of, as the case may be, visiting the Video Library.(7)In granting or refusing to grant a licence under this Act, the licensing authority may consult such authority or officer as may be prescribed.(8)Subject to the foregoing provisions of this section, the licensing authority may grant licences under this Act to such persons and on such terms and conditions and subject to such restrictions as it may determine. When the licensing authority refuses to grant any licence, it shall do so by an order communicated to the applicant, giving the reasons in writing for such refusal:[Provided that no order prejudicial to the applicant shall be passed under this sub-section unless the applicant has been given a reasonable opportunity of being heard.] [Proviso was inserted by the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders and Cable Television Network (Regulation) Amendment Act, 1994 (Tamil Nadu Act 12 of 1994).](9)Every licence under this Act shall be personal to the person to whom it is granted and no transfer or assignment thereof, whether absolute or by way of security or otherwise shall be valid unless approved in writing by the licensing authority.
