Section 5 in The West Bengal Cinemas (Regulation) Act, 1954
5. Restrictions on powers of licensing authority. Appeal and Revision. -
(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(b)the prescribed 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:Provided that the licensing authority shall, before refusing to grant a licence under this Act, give the applicant an opportunity of showing cause.(2)Subject to the control of the State Government, the licensing authority may grant licences, under the provisions of this Act and the rules made thereunder, to such persons as that authority thinks fit and on such terms and conditions and subject to such restrictions as it may determine [* * * * * *] [Words omitted by West Bengal Act 14 of 1992.].(3)The State Government may, from time to time, issue directions to licensees generally or, if in the opinion of the State Government circumstances so justify, to any licensee in particular, for the purpose of regulating the exhibition of any film or class of films and in particular the exhibition of scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or films produced in India, and where any such directions have been issued, those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted.(3A)[ The State Government may, from time to time, prescribe guidelines for fixation of prices of admission to places of public exhibition of cinematograph films and for classification of seats in such places by licensees, and it shall be obligatory for licensees to comply with such guidelines.] [Sub-section (3A) inserted by West Bengal Act 17 of 1989 and then substituted by West Bengal Act 14 of 1992.](4)(a)Any person aggrieved by an order of a licensing authority granting or refusing to grant a licence [or by any other order of a licensing authority which is declared by rules made under this Act to be appealable] [Words inserted by West Bengal Act 13 of 1965.] or by the terms and conditions on which or the restrictions subject to which a licence is granted, may, within such time as may be prescribed, appeal-(i)where the licensing authority is the District Magistrate of any district,- to the Commissioner of the Division comprising such district,(ii)where the licensing authority is the Commissioner of Police, Calcutta,- to the Commissioner of the Presidency Division in West Bengal, and(iii)in any other case,- to such authority as the State Government may, by notification in the Official Gazette, specify in this behalf;(b)the State Government may,-[**********] [Sub-clause (1) omitted by West Bengal Act 46 of 1976.](ii)of its own motion at any time revise,-any order passed on appeal under clause (a), or any order of a licensing authority [from which an appeal lies under clause (a), but from which no appeal has been preferred] [Words substituted by West Bengal Act 13 of 1965.];(c)no order shall be made on such revision without giving [the licensee] [Words substituted by West Bengal Act 46 of 1976.] an opportunity of being heard.(d)[(i) an appellate authority while hearing appeal under clause (a), or the State Government while revising an order under clause (b), may, by order, prohibit any action being taken on the order under appeal or, as the case may be, under revision, or stay the consideration of any other application in connection with the grant of a licence under this Act or may pass such other interlocutory order as it may think just and convenient;] [Clause (d) inserted by West Bengal Act 13 of 1965.](ii)no order under this clause shall be made without giving all persons likely to be affected by such order an opportunity of being heard:Provided that where the circumstances of a case are such that immediate action is necessary, an appellate authority or, as the case may be, the State Government may make any such order under this clause as it thinks fit, with notice to all persons affected to show cause against such order and may after considering the cause, if any, shown by such persons, either confirm such order or vary or set it aside.
