Section 5 in The Jammu and Kashmir Cinematograph Act, 1989
5. Restrictions on 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(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.(2)A condition shall be inserted in every licence that the licensee will not exhibit or permit to be exhibited in such place any film other than a film which has been certified as suitable for [unrestricted public exhibition or public exhibition restricted to adults] [Substituted by Act XXXIV of 2011 for 'public exhibition'.] by [the Board of Censors constituted by the Government] [Substituted by Act V of 1993 for 'any authority constituted under Act 11 of 1918 British India'.] and which, when exhibited, displays the prescribed mark of that [Board] [Substituted ibid for 'authority'.] and has not been altered or tampered with in any way since such mark was affixed thereto ; or that no film prohibited by [the Government] ['Substituted by Act X ol 1996 for 'the Prime Minister in writing by virtue of the authority vested in him by His Highness the Maharaja Bahadur'] shall be imported or shown.(3)[ A further condition shall be inserted in every licence that the licencee will not exhibit or permit to be exhibited in public an advertising matter consisting of or containing any pictorial representation which has not been certified as suitable for publication by the Board of Censors constituted by the Government, or distribute or publish or cause to be distributed or published any such matter.] [Sub-section (3) added by Act V of 1993.](4)Subject to the foregoing provisions of this section and to the control of the [Government] [Substituted by Act X of 1996 for 'Prime Minister'.] the licensing authority may grant licences under this Act to such persons as it thinks fit and on such terms and conditions and subject to such restrictions as it may determine :[Provided always that, the [Government] [Proviso added by Act V of 1993.] may prohibit the grant of a licence to prevent any common injury, danger or annoyance to the public or to the people in general, who dwell or occupy property in the vicinity of the place in respect of which the licence is to be given](5)[ 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 Government or to such officer as the Government may specify in this behalf, and the Government or the or officer, as the case may be, may make such order as it or he thinks fit.] [Sub-section (5) inserted by Act XXXIV of 2011.](6)[ The Government may, from time to time, issue directions to licensees generally or to any licensee in particular for the purpose of regulating the exhibition of any films or class of films, so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited, 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.] [Sub-section (6) inserted by Act XLI of 2011.]
