It is submitted that Punjab Motion Pictures (Amendment) Bill 2012 having been passed by the Provincial Assembly of the Punjab on 27 December, 2012 called Punjab Motion Pictures (Amendment) Act 2012 X of 2013. Deputy Commissioner is possessing following powers:-
PROCEDURE FOR THE GRANT OF CINEMA LICENCE
- Application for cinema license. --- (1) No person shall be entitled to obtain or hold any license under these Rules and conditions set forth in the Schedule of conditions appended to these Rules unless he is:
(a) Eighteen years of age of above: and
(b) Holds a valid membership certificate from the Pakistan Film Exhibitors Association.
(2) An application for the grant, renewal or transfer of a license shall
(a) In writing, signed by the applicant or prospective transferee, as the case may be: and
(b) Accompanied by valid membership certificate from the Pakistan Film Exhibitors Association in favor of the applicant or prospective transferee, as the case may be.
70. Grant of cinema license. ---
(1) License granted under rule 69 shall be either annual or temporary.
(2) A license granted under sub-rule (1) shall not be transferable except with the prior written permission of the District Magistrate but on the death of the licensee the license may be transferable by the District Magistrate to the legal heirs of the deceased licensee: Provided the person or persons inheriting the cinema fulfill the provisions of the rules and conditions set forth in the Schedule of Conditions appended to these Rules.
71. License shall be in Form ‘B’ : License whether annual or temporary shall be in Form ‘B’ and shall be subject to the conditions and restrictions set forth therein and to the provisions of these Rules.
72. Duration of license. --- (1) An annual license shall only be granted in accordance with the provisions of these Rules and in respect of a building permanently equipped for cinematograph exhibition. It shall be valid for one year from the date of issue and shall be renewable on an application made by the licensee, in this behalf.
80. Inspection by the Deputy Commissioner --- The Licensing Authority (DC) or any officer authorized by him in this behalf may, at any time, enter a place which it or he has reason to believe is being used or is intending to be used for the purpose of cinematograph exhibition, in order to satisfy itself or himself that the provisi9ons of Section 13 of the Ordinance, the Rules framed there under and the conditions of the license are being complied with
109. Suspension Or Cancellation Of License:- (1) The Deputy Commissioner may any time, for reasons to be recorded in writing, revoke or suspend a license granted by a licensing authority for any breach of these rules or the conditions of the license ; Provided that a hearing is afforded to the cinema management before passing such orders
In case of violation of Rule 4 of Motion Pictures Ordinance, 1979 which states as under:-
4. Uncertified film not to be exhibited. (1) No person shall make or arrange a public or private exhibition of a film by means of cinematograph unless the film has been duly certified for public exhibition by the Board,
REGULATION OF EXHIBITION BY MEANS OF CINEMATOGRAPH
13) Licensing of places for exhibition of films. (1) Save as otherwise provided in this Chapter, no persons shall given a public exhibition by means of cinematograph elsewhere that in a place licensed under this Ordinance or otherwise than in compliance with any conditions and restriction imposed by such license.
2) The authority having power to grant a license under this ordinance, hereinafter referred to as the licensing authority, shall be the Provincial Government
30 Provided that the Provincial Government may, by notification in the official gazette, specify for the whole or any part of the Province such other authority as it may specify in the notification to be licensing authority for the purposes of this Chapter.
18. Penalties and procedure. (1) Whoever.
(a) exhibits or causes or permits to be exhibited in any place, or abets the exhibition of, any film which has not been certified by the Board or which when exhibited, does not display the prescribed mark or has been altered or tampered with since such mark was affixed thereto; or
(b) Without lawful authority, alters or tampers within any way, any film after it has been certified; or
(c) Fails to comply with the provisions of Section 5 or of any order made under this Ordinance.
Shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one lac rupees, or with both, and, in the case of a continuing offence, with a further fine which may extend to ten thousand rupees for each day during which the offence continues.