Public Performances (Amendment)

Public Performances (Amendment)

AN ACT TO AMEND THE PUBLIC PERFORMANCES ORDINANCE.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the same, as follows:-

Short title.

1. This Act may be cited as the Public Performances (Amendment) Act, No. 11 of 1969.

Amendment of the long title of Chapter 176.

2. The long title of the Public Performances Ordinance (as last amended by Act No. 40 of 1961 and Act No. 26 of 1964), hereinafter referred to as ” the principal enactment “, is hereby amended by the substitution, for the words ” PUBLIC PERFORMANCES AND CARNIVALS. “, of the words “PUBLIC PERFORMANCES AND CARNIVALS, AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. “.

Amendment of section 2 of the principal enactment.

3. Section 2 of the principal enactment is hereby amended by the insertion, immediately after the definition of ” carnival “, of the following new definitions:-

‘ ” cinema ” means any place ordinarily used for the exhibition of pictures or optical effects by means of a cinematograph, magic lantern, or other similar apparatus;

” club ” means any body of persons, whether corporate or unincorporate, associated together for a common purpose; ‘.

Amendment of section 6 of the principal enactment.

4. Section 6 of the principal enactment is hereby amended as follows: –

(a) by the repeal of sub-section (1) of that section, and the substitution therefor of the following new sub-section: – ”

“(1)

(a) Subject to the provisions of subsection (9), no public performance shall, unless it has been certified by a certifying authority as suitable for public exhibition and such certificate remains un-revoked, be exhibited or presented either-

(i) to the public in any premises, whether public or private; or

(ii) to the members of any club in any cinema, building, erection or other premises authorized, for the time being, to be used for public performances under a licence or permit issued by a Municipal Council or other local authority.

(b) No exhibition of pictures or optical effects, by means of a cinematograph, magic lantern or other similar apparatus, which has not been submitted to or viewed by a certifying authority, shall be exhibited or presented either-

(i) to the public in any premises, whether public or private; or

(ii) to the members of any club in any cinema, building, erection or other premises authorized, for the time being, to be used for public performances under a licence or permit issued by a Municipal Council or other local authority. “; and

(b) by the repeal of sub-section (10) of that section, and the substitution therefor of the following new sub-section:-

” (10) The Minister may by Order published in the Gazette-

(a) prescribe a fee or charge to be paid in respect of any public performance submitted to and viewed by the certifying authority;

(b) provide for the collection or recovery of such fee or charge and the disposal thereof upon collection or recovery;

(c) make such provision as he may consider necessary for carrying out or giving effect to the principles and purposes of this section, including provision for or in respect of any matter authorized or required by this section to be prescribed. “.

Insertion of new section 7 in the principal enactment.

5. The following new section is hereby inserted immediately after section 6, and shall have effect as section 7, of the principal enactment:-

” Reference to the order of a certifying authority in advertisements relating to a film.

7.Any person who, without the previous sanction of a certifying authority, prints, publishes, distributes or posts up, or causes to be printed, published, distributed or posted up, any newspaper advertisement, handbill, placard or poster which contains any reference to any order or decision of such certifying authority or any part thereof in respect of any public performance, shall be guilty of an offence, and shall be liable, on conviction after summary trial before a Magistrate, to a fine not exceeding one thousand rupees or to imprisonment of either description for any period not exceeding six months. “.