THE CINEMATOCRAPH BILL 20I3

ARRANGEMENT OF CLAUSES

CHAPTER IPRELIMINARY

CLAUSES

l. Scope and Operation.2. Definitions.3. Construction ofreferenc€s to any law not in forc€ or any functionary not in existence in the State ofJammu

and Kashmir.

CHAPTER IIPRoHIBTT|oN ON E)c{BrroN OF FrLMs

4. Prohibition on exhibition.

CHAPTER IIIBoARD OF FILM CERTIFIcATIoN

5. Board ofFilm Certification.6. Term ofoffice and other terms and conditions ofthe memben ofthe Board.7. Vacancy.8. Resignation and removal ofChairperson or member.9. Functions of the Board.10. Meetings ofthe Board.I l. Vacancies, etc. not to invalidate proceeding.12. Delegationofpowers.13. Chairperson'spowers.14. Establishment ofregional offices, appoinfinent ofthe ChiefExecutive officer and Regional offcers15. Constitutionofscreeningpanels.16. Avoidance ofconflict ofinterest in discharge offunc.tions.17. Powers ofcentral Governm€nt to supersede $e Board.

CHAPTER IVEXAMTNATToN AND CERTTFICAT|oN OF FtLMs AND PR@EDI,RE THEREFoR

| 8. Application for examination and certification prior to exhibition.19. Functions ofthe Examining Committee.2Q, RevisingCommittee.21. Sanctioning and classification offilms by the Board.22. Certification of films.23. Change in category ofcertificate.24. hinciples for guidance in certifuing films.25. Obligations ofcertain person.

26. Suspension and revocation ofcertificate27. Review oforders by Central Covemment28. Powers ofCentral Covernment to issue directions29. Re- examination ofa c€rtified film30. Films deemed to be unc€rtified filn not to be exhibited

CHAPTER VAPPELLATE TRIBUNAL

31. Appeal.32. ConstitutionofAppellateTribunal.33. Composition ofthe Appellate Tribunal.34. Term ofoffice and other tems and conditions ofChairperson and members ofApp€llate Tribunal.35. Resignation and removal ofChairperson and members ofAppellate Tribunal.36. Vacancy.37. Secretary and oth€r ernployee.

38. Powers and procedure ofthe Appellate Tribunal.39. Appal to Supreme Court

CHAPTER VIOTFENCES AND PENALTIES

&. Penalty for unaulhcized duplication of a film.41. Penalti€s relating to rmauthaized exhibition, tampering etc.

A. Penalty for failure to deposit print offilm and supplying required information to distsibutor or exhibitor43. Penalty for failure to comply with Section 25.44. Penalty for contravention by Companies.45, Cognizanceofoffences,

CHAPTER VIIREGuLAnoN OF ExHrBrrpN By MEANS OF CNEMAToGRAPHS lN lJNtoN TERRnoRtES

4. Cinematograph exhibitims to be licensed.47. Application for grant oflicense.48. Grant of Lic€nse and Restrictions on powers of licarsing authority.49. Power ofCentral Government or local authority to suspend exhibition offilms in c€rtain cases.

50. Penalties for contravention ofthis Dart.

51. Power to Revoke License.

CHAPTER VIIIMSCELLANEOUS

52. Power to direct exhibition offilms.53. Power ofsearch and seizure54. Protection ofAclion taken in Good fuith.55. Members ofAppellate Tribunal Board and Advisory Panels to be public servants.56. No punishment in respect of certified film.57. EvidenceofCopyright.58. Barofjurisdictior.59. Power to make rules.

60. Power to exempt.61. Power to rernove difficulties-62. Repeal and savings.63- Dissolution ofexisting Board and existing Tribunal.U. hovisions in respect ofofficers and other employees ofexisting Board and the existing Tribunal.65. Consequentialprovisions.66. General effect ofvesting ofass€ts and properties.

THE CINEMATOGRAPH BILL 2OI3A

BILL

to provide for the certifcation of cinenatograph flms for exhibition and for regulating exhibition by means ofcinematograph andfor matters connected therevith or incidental thereto.

Be it enacted by Parliament in the Sixty-Fourth Year ofthe Republic oflndia as follows:-

CHAPTER I

PRELIMINARY

1. Scopc and Operation-(l) This Ac1 may be called the Cinematograph Acr, 2013(2) It shall extend to the whole of India.(3) It shall come into force on such date as the Central Govemmqrt may, by notification in the

Offi cial Cazette, appoint.

Provided that different dates may be appointed for different provisions of this Acl and anyreference in any such provision to the commencement of this Act shall be construed as areference to the coming into force ofthat provision.

2 Definitions-

(l) In this Act, unless the context otherwise requires-

a) "adult" means a person who has completed his eighteenth year;b) "advertising material" is any material in a cinematograph medium that is

primarily to promole a film to the public and shall include trailers, exclusiveintendedcontent,

clips and footage, pre-show advertising and audio -visual displays.c) "applicant" means a person applying for certification of a film

section l8;d) "appointed day' means the date on which the Board is constituted under sub section(l) ofsection 5;e) "authorized officer" means -i) A District Magistrate, or

ii) A Sub Divisional Magistrate oriii) Commissionerofpolice,within his local limirs of jurisdiction and includes any other officer notified by thecentral Government or the state Government to be an authorized officer for such local

- limits ofjurisdiction as may, by notification, be specified by that Covernment;f) "Board" means the Central Board of Film Certification constitution by the Central

Covernment under subsection (l) ofsection 5;g) "certificate" means the certificate ganted by the Board under section 22;h) "Chairperson" means the Chairperson ofthe Board;i) "Chief Executive Officer" means the Chief Executive officer appointed under sub

section (l) ofsection l4;j) "cinematograph" means any medium, apparatus, product or device, analogue or digital

or any other technology, used for representation of moving picturcs or series ofpictures:

for exhibition under

Provided that the Central covernment may, by notification in the OfficialCazette, include or exclude any such medium, apparatus, product or devic€ ortechnology;

"Examining Committee" means the Examining Committee constituted by the RegionalOffrcer under sub section (l) of Section l9;"exhibit" or "exhibition" shall include the audio or visual dissemination ofa film or partthereof or making available a film or part thereot through use ofa public medium, topersons not directly connected with the production, disfibution, promotion orcertifi cation of that fi lm;"film" means a cinematograph film and includes its songs, lyrics thereof andadvertising material related thereto;"married print" is a copy or print ofa film which has both moving visual images and an

optical sound track and which is in a format ready for public exhibition."Member" means a member ofthe Board and includes its ChairDerson:"notification" means notification published in the official GLette and the expression"notified" with its grammatical variations shall b€ construed accordingly;"person" includes any company or an association or body of persons whetherincorporated or not the Board or the appropriate government;"place" includes a house, building tent and any description of transport, whether bysea, land or air;" prescribed" means prescribed by Rules made under this Act;"public medium" includes a medium forum or place to which members of the generalpublic have access to with or without the pal,rnent ofa fee or charge ;"regional office" means the regional office ofthe Board established by the CentralGovernment under section 14;"Regional officer" means a Regional Officer appointed by the Central Governmentunder sub seclion (l) ofsection l6 and includes an Additional Regional Officer and anAssistant Regional Officer;"Revising Commifiee" means the Revising Committee as constitutedunder sub section (i) ofsection 20

by the Chairperson

"Secretary'' means tlle Secretary of the Appellate Tribunal appointed under subsection (l) of section 37;"screening panel" means the screening panel constituted under sub section (2) ofSection l5:"Appellate Tribunal" means the Film Certification Appellate Tribunal constituted undersection 32.

construction of references to any law not in force or any functionary not in existence in the stateof Jammu and Kashmir- Any reference in this Act to any law which is not in force, or anyfunctionary not in existence, in the state of Jammu and Kashmir, shall, in relation to that state, beconstrued as a reference lo the corresponding law in force, or to the comesponding functionary inexistence, in that State.

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CHAPTER IIPRoHIBITIoN ON EXHIBITIoN OF FILMs

4, Prohibition on exhibition -

(l) Save as otherwise provided in this Act, no person shall exhibit or cause the exhibition of any filmor any part thereoi

a) which has not been certified by the Board under section 22; or;b) which is deemed to be an uncertified film under the provisions ofthis Act,

Provided that exhibition caused by the producer ofthe film, by invitation, to a seleci class ofmernbers ofthe public for the purpose of ascertaining their opinions on or reactions to tle filmshall not be exhibition in terms of this Act, wh€re prior permission has been taken liom theChairoerson.

CHAPTER _III

BOARD OF FILM CERTIFICATIONBoard of Ccrtilication -

(t) For the purpose of certification of films for exhibition, the Central Government shall, bynotification, constitute a Board to be called the Central Board ofFilm Certification, which shallconsist ofa Chairperson and not less than twelve and not more than twenty -five other membersto be appointed by the Central Government;

Provided that at least one third ofthe total number of members ofthe Board shall be women.

2) The chairperson ofthe Board shall be a person ofeminence in public life and who, in the opinionofthe Censal Govemment, is qualified to judge the effect of films on the public.

3) The other members ofthe Board shall be persons whq in the opinion ofthe Central Covernment,by reason of their profession, qualifications or experience, in the field of art, cinem4 dram4 law,literature, hislory, sociology, psychology, media, education or performing arts are qualified tojudge the effect of films on the public,

4) subjert to fulfilment ofthe criteria set out in sub s€ction (3) above, members shall be appointed insuch manner as to ensure due regional representation on the Board, to the ext€nt possible.

5) The headquarters of the Board shall be at such place as the Central Government may, bynotification, specifr.

Term of office and other terms and conditions ofthe members ofthe Board -

(l) Every member ofthe Board sharr hord office during the preasure ofthe centrar Government.

(2) Subject to the provisions ofsub section (l):-

a) the Chairperson ofthe Board shall hold offce for a period of three years and shallcontinue to hold office until a succ€ssor is appointed ; and

b) every other member ofthe Board shall hold office for a period not exceeding three years.

(3) A member, including the Chairperson whose term ofthe office has expired shall be eligible for reappointrnent for a period not exc€eding more than one t€rm.

(4) The Chairperson and the Members of the Board shall receive such fee and allowances forattending the meeting ofthe Board as may be prescribed.

(5) The oth€r terms and conditions of service ofthe Chairperson and members ofthe Board shall besuch as may be prescribed,

VacsIlcy-

(l) In the event ofthe occurrence ofany vacancy in the office ofthe Chairperson by reason ofdeath,resignation, or otherwise, the Central Government may, by notification, authorized one of themembers, to act as the Chairperson until the appointrnent ofa person to fill such vacancy ismade.

(2) A casual vacancy caused in the Board by resignation, death or removal ofa member or otherwiseshall be filled by the appointment of another member in the same mann€r as provided undersection 5 who shall hold office for the remaining period ofterm ofmembership ofthat member.

(3) When the Chairperson is unable to discharge his functions owing to ab'sence on leave orotherwise, such one of the members, as the Central Covernment may, by notification, nominale amember in this behalt shall discharge the functions as the Chairperson until the date on which theChairp€rson resumes his duties:

Provided that where no such appointment is made, the ChiefExecutive Officer, and in his absence,the Regional' oflicer at the h€adquafers ofthe Board, as the case may be, shall, in addition to hisother duties, and powers, perform thc duties of the Chairperson and shall have the right toparticipate in the meetings ofthe Board but shall not be entitled to preside over in any meetings inthe capacity ofthe Chairperson.

R€gistration and r€moval of Chairperson or member -

(l) The Chairperson or any member may, by notice in writing, addressed to the Central Govemment,resign from office.

(2) The Cenfal Government may remove fiom office the Chairperson or any member, who -a) has been adjudged an insolvent; orb) is in the opinion ofthe Central Covemmen! unfit to continue in office by reason of

infirmity of mind or body; orc) has been convicted ofan offence which, in the opinion ofthe Central Government,

inyolves moral turpitude ; ord) has so abused the position as to render the continuance in office prejudicial to public

interestNotwithstanding anything contained in this section, the Chairperson or a member shall not beremoved from his office without giving him a reasonable opportunity ofbeing heard.

Functions of the Board -

(l) The Board shall-

a) examine or cause examination ofthe films in the prescribed manner for the purpose oftheir certification for exhibition thereof:

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b) submit an annual report to the Central Government in respect ofthe work done by theBoard during the precrding financial year and the report drall contain a detailedanal)'tical study oftrends in film industry and such matters as may be prescribed;

c) maintain the registers, pres€rve the records ofcertification of films and keep the aclountsofthe Board for such period and in the manna as may be prescribed;

d) review the work ofRegional officers and members ofadvisory panels; ande) perform such other functions as may be assigned to it by the Cenfal Covernment under

this Act.(2) The Board may, with a view to determining the principles to be observed in certifuing films, take

such steps as it thinks fit to assist public reactions to films, and for that purpose, the Board mayhold symposia or seminars of film critics, film writers, community leaders and persons engaged inthe film industry, or such other persons and also undertake local or national surveys, to study theimpact ofvarious kinds of films on the public mind.

(3) The Central Government in due consultation with the Chairperson of the Board, shall in thisregard, provide all the necessary intastructure, staff and do all other acts required to assist theBoard to effectively, expeditiously and properly discharge its functions under this Section.

Meeting of the Board-

(l) The Board shall ordinarily meet once in three months for the transaction of business but theChairperson may at any time call an extraordinary meeting ifconsidered necessary to do so.

(2) The meetings ofthe Board shall be held at such places as the Chairperson may fix for the purpose.

(3) Subject to the provisions contained in sub section (l) and (2), the Board may regulate theprocedure to be followed at its meeting including its quorum.

Vastrcies, etc. not to invalidate proceeding - No act or proceeding ofthe Board shall be deemed to beinvalid by reason or a vacancy in, or any defect in, the constitution ofthe Board.

D€l€gation of powers - The Central Government may, by general or special order, direct that any power,authority orjurisdiction exercisable by the Board under this Act shall, in relation to the c€rtification ofthe'films under this Act and subject to such conditions, ifany, as may be specified in the order, be exercisablealso by the Chairperson, and anything done or action taken by the Chairperson specified in the order shallbe deemed to b€ done or action taken by the Board.

Chairperson's power -The Chairperson shall have the power of general superintendence, direction andcontrol in respect ofall the administrative matters ofthe Board:

Provided that the Chairperson may delegate by witing, such powers relating to theadministrative powers ofthe Board as may be thought fit to any other member ofthe Board orto the ChiefExecutive Office.

Establishmetrt of regional oflices, appoitrtment ofthe chi€fExecutive olficer and Regional officers

(l) For the purpose of enabling the Board to efficiently discharge its functions under this Act, thecentral Government may, by notification, establish regional offices ofthe Board at such places, asit thinks fit and screening panels for such purpose.

(2) The central Government shall appoint a chief Executive offic€r and as many Regional officersand such other officers, as it thinks fit to appoint, at the headquarters ofthe Board and at each ofthe regional ofiices, in such manner as may be prescribed.

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(3) The Central Government may provide for the association ofRegional Officers in t}te examinationof films in such manner as may be prescribed.

(4) Every Regional Ofiicer shall perform such duties as may be assigned to them under this Act andthe rules made thereunder.

15. Constitution ofscreening panels -

(l) The members ofthe screening panel shall be selected by a Committee comprising of9 membersconstituted from the Board by the Chairperson with atleast two lady members and in such manneras to ensure due regional and language representation, to lhe extent possible.

hovided that it will be open to the Chairperson to invite any member ofthe Board as anad hoc additional member ofthe screening panel to arsure regional representation,

(2) Such Committee in consultation with the Chairperson shall draw up a panel of members to beappointed as members ofthe scre€ning panel and shall consist ofpersons, whq in the opinion ofthe Committee are by reason of their profession, qualifications or experiance in the field of art,cinema, drama, law, lit€rature, history, sociology, psychology, medi4 education, performing artsor public administration, are fit tojudg€ the effect offilms on the public.

Explanolion- For the purpose ofthis Section, it is clarified that 'public administration' means lhestudy, development and implementation ofpublic policy and functions.

(3) Such panel ofmembers, which shall be at least twic€ the number ofvacancies, shall be forwardedby the Board to the Central Covernment who shall from such panel forwarded, appoint themembers ofthe screening panel.

Provided that al least one third of the total numb€r of members on a screening panel shall bewomen and shall as far as possible be representalive ofprofessions or areas of experience set outin sub Section (2) above.

Provided further that all the categories specified in sub section (2) would, as far as possible berepresented equally in the panel formed by the Govemment.

(4) A member ofa screening panel shall hold ofiice during the pleasure ofthe Central Government

(5) Subject to sub section (4) above, every such member shall hold office for such period notexceeding two years and shall be eligible for re-appointment for one period not exceeding onemore tern.

(6) It shall be the duty of every member of such screening panel, whether acting as a body or incommittees, as may be provided in the Rules made in this behalf, to examinq the film and to makesuch recommendations to the Board as it thinks fit.

(7) The members oflhe screening panel shall receive such fees or allowances as may be prescribed.

16 Avoidance of conflict of interest in discharge of functions-

(l) Any person associated with the examination of the films, including the Chairperson, the ChiefExecutive Officer, every member of the Board, any Regional Ofiiccr and every member of theScreening Panel, and shall, immediately after entering office and every year thereafter make a

(2)

(3)

declaration of their interest, whether direct or indirect and pecuniary or otherwise in any activityrelated to the direction, production or distribution offilms and particulars thereof.

Any person in sub Section (l) above, having any direct or indirect interest, whether pecuniary orotherwise, in any matter coming up for consideration at a meeting of the Board or ExaminationCommittee or other Committee under the Drovisions ofthis Act. shall disclose the nature of suchinterest at such meeting and shall not take any part in any deliberation or decision ofthe Board orsuch Panel with respect to that matter

The declaration so made under sub-section (l) and the disclosure so made under subsection (2)shall be entered in the register maintained for the same and be placed on the website ofthe Board.

Powers of the C€ntral Covernment to supersede the Board

(l) Ifthe Central Covemment is ofthe opinion that:

a) on account of a grave emergency, or circumstances beyond its control, the Board isunable to discharge the fiDctions and duties imposed on it by or under tlle provisions ofthis Ac[ or

b) that the Board has persistently made default in complying with any direction issued bythe Central Government under this Act or in the discharge ofthe functions and dutiesimposed on it by or under the provisions ofthis Act and as a result ofwhich default thefinancial position ofthe Board or the administration oftho Board has deteriorated; or

c) that circumstances exist which render it necessary in overriding public interest so to dqthe Central Govemment may, by notification in the Offcial Cazette, supersede the Board for suchperiod as may be specified in the notification:

Provided that before issuing a notification under this subseclion, the Central Government shallgive a reasonable time to the Board to show cause why it should not be superseded and shallconsider the explanation and objections, ifany, ofthe Board and pass a reasoned order thereon.

2) Upon the publication of a notification under sub section ( I ) above superseding the Board-

a) allthe memb€rs ofthe Board shall, notwithstanding the fact that their term ofoffice hasnot expired, as fom the date of supersession, vacate their offces as such members;

b) all the powers and duties which may, by or under the provision ofthis Acl, be exercisedor performed by or on b€half ofthe Board shall, during the period ofsupersession, beexercised and performed by such person or persons as the Central Govemment maydirect;

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c) all property vested in the Board shall, during theCentral Govemment.

On the expiration of the period of supersession specifiedsection (l) the Central Government may:

d) extend the period of supersession for such further period as it may consider necessary;

e) reconstitute the Board in the manner provided in section 5.

period of supersession, vest in the

in the notification issued under sub

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CHAPTER IV

EXAMINATIoN AND CERTIFICATIoN OF FILMS AND PRoCEDURE THEREFoR

Application for €xamination and certification prior to exhibition -

(l) An application for examination and certification ofa film or part thereofshall be made by way ofan application to the Board in such manner and accompanied with such fee as may be prescribedfor the grant ofa certificale in respect thereofunder section 22.

(2) The application under sub section (l) shall be addressed to the Board and presented to suchRegional Offic€r as the Central Government may, by rules, specift in this behalf

Functions ofthe Examining Committee -

(l) On rec€ipt ofan application for examination under Section 18 above, for the purpose of theexamination of such film the Regional Ofrcer shall constitute an Examining Committee, fromamongst members ofthe Screening panel constituted under section 15 in ihe manner as prescribedin the Rules.

(2) The members of the Examining Commiftee shall examine the film in such manner, as may beprescribed, having regard to the principles laid down for the guidance for certifying ttre filmsunder section 24 by the Cenfal Governmen! and shall record their opinion in respect of such filmin such manner as may be prescribed.

(3) The Regional Officer shall forward the recommendations ofthe Examining Committee to theChairperson ofthe Board within such time and in such manner as may be prescribed.

(4) On receipt of the recommendations of the Examining Committee in respect of a film, theChairperson may:

a) examine the film in case where the members ofthe Examining Committee are divided intheir opinion or;

b) refer, suo moto or on the request ofthe applicant, such filmtothe Revising Commifiee,constituted for the purpose under section 20 in the manner as may be prescribed or

c) direct the ChiefExecutive Officer or the Regional officer, as the case may be, to takefurther actim on b€half of the Board in conformity with the recommendations oftheExamining Committee.

Revising Committee -

(l) Where the Chairperson has decided the refer the film to a Revising Committee under Section

!9(a) (b) such Revising committee shall be constituted by the chairperson comprising of thechairperson and not more than 9 members being mernbers ofthe Board or members ofany ofthescreening panels provided that no member ofthe advisory panel who has been a membei oftheExamining Committee for any film shall be a member of the revising committe€ in respect of thesame film.

(2) While constituting such committee, the Chairperson shall as for as possible ensure to be specifiedby the Chairperson, ensuring due representation ofwomen subject to sub Section (2) below.

(3) The quorum ofthe Revising Committee shall be five members ofwhom atleast two members shalloe women,

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The manner ofapplication for purpose ofexamination ofthe film by the Revising Committee, theproceedings of the m€eting of the Revising Committe€ etc, shall be conducted as may beprescribed in the Rules.

The decision ofa Revising Comrnittee shall be that ofthe rnajority ofthe members atterrding theexamination ofthe fihn and, in rhe event ofan equality ofvores, the presiding officer shall have asecond ol casting Yote:

Provided that whefe the Chairperson disagrees with the decision ofthe majority ofthe comntiftce,the Board shall itselfexamine the filnr or cause thc film to be exanlined again by aoother RevisilgCornnrittee and that the decision of the Board or the second revising comnittee, as the case maybe, shall be final

Sanctiotring and Classification of films by the Board -

(l) The Board may, after examining or having caused the film examined in the manner, as may beprescribed and having regard to any malerial in the film, form an opinion thereon and sanclion thefilm as suitable for exhibition-

which is unrestricted exhibition: orto persons who have complaed twelve years ofage; orto persons who have completed fifteen years of age; orreshicted to adults: orresficted to members of any profession or any class of persons, having regard to thenature, content and theme ofthe film.

(2) The Board may also:

a) direct the applicant to carry out such excisions or modifications in the film as it thinksnecessary before classifuing and sanctioning the film for certification ofexhibition underany ofthe foregoing clauses; or

b) refuse to sanction the film for any type ofexhibition under this Section.

(3) While exercising powers under this Seclion, the Board shall be guided by the principles of naturaljustice for the classification and sanctioning of films for exhibition under this Section.

Provided specifically that that no action under sub Clause (b) to (e) in sub Section I orsub Section (2) above shall be taken by the Board without giving an opportunity ofbeingheard to the person concerned.

Ccrtilicatiotr of films -

(l) lf, after examining a film or having caused it to be examined under this Act and the rules madetlereunder and having regard to the material in the film the Board is ofthe oDinion that

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a) the film is suitable for unrestricted exhibition, it shall grant to the person applying for acertificate in respect ofsuch film a.,U" c€rtificate and cause the film to be so marked inthe manner as may be prescribed; or

b) the film is suitable for exhibition to persons who have completed twelve years ofag€, itshall grant to the person applying for a certificate in respect of such film a .,l2+"certificate and cause the film to be so marked in the manner ai may be prescribed; or

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c) the film is suitable for exhibition to persons who have completed fifteen years of age, itshall grant to the person applying for certificate in respect of such film a "15+" certificateand cause the film to be so marked in the manner as may be prescribed; or

d) the film is suitable for exhibition r€stricted to persons who are adults, it shatl grant to theperson applying for certificate in respect of such film an "A" c€rtificate and cause thefilm to be so marked in the manner as may be prescribed; or

e) the film is suitable for exhibition restricted to members ofany profession or any class ofperson, it shall grant to the person applying for a certificate in respect of such film a ..S,'

certificate and cause the film to be so marked in the manner as may be prescribed:Provided that the certificate granred in respect of any film by the Board before the date ofcommencement ofthis Act shall be deemed to be the certificate under this Act;

(2) Where the Board passes any order under Section 20 or Section 2l herein, it shall record reasons inwriting for doing so.

(3) Before the issuance of a certificate ganted under this section, the applicant or his authorizedrepresentative shall deposit, at his own cost, a married print ofthe film, in the same format inwhich it has been certified or in such other format, with such agency or agencies, as may beprescribed, for archival purpose and record thereof,

(4) A certificate authorizing the public exhibition ofany film shall be in such form, signed, displayedand notified in the manna as may be prescribed,

(5) Subject to the provisions ofthis Act, a certificate granted for a film by the Board under this sectionshall be valid throughout India for all formats or gauges ofthat film exc€pt that a certificate issuedfor release ofa film on video format shall be valid for ils theatrical release with an endorsement tothat effect.

chaage in category of certilicatF. where an applicant or any other person, to whom the rights in the filmhave passed, is desirous ofa change in the category ofcertificate aheady granted for theatrical release intoanother category in video format, may apply to the Board for such purpose after revising the film, in suchformat and such manner along with such fee, as may be prescribed, and upon rec€ipt oi such application,the Board shall examine the same by treating it as a fresh application under Act.

Principles for guidance in certifying films -

(l) while examining a film or causing a film to be examined for certification. the Board will beguided by the following principles:

a) The medium ofthe film remains responsible and sensitive to the values and standards ofsociety and as far as possible the film is of aesthetic value and cinematically of a goodstandardi

b) Artistic expression and creative freedom are not unduly curbed and certification isresponsive to social change;

c) The film is examined in the light of the period depicted in tlre film, contexl content,theme and people to which the film relates and is judged from the point of view of itsoverall impact and the contemporcry standards ofthe country.

(2) Notwithstanding any contained in (l) above a film shall not be certified for exhibition if in theopinion of the Board, the film or any part of it is against the interest of the sovereignty andintegrity of India the security of the state, friendly relations with foreign states, pubiic order,decency or morality, or involves defamation or contempt of court or is likely io incite thecommission of any offence.

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(3) Subject to the provisions contained in subsection (l), and (2) above the Central Govemment mayissue such directions as it may think fit setting out the principles which shall guide the Boardwhile granting a c€rtificate under this Act for sanctioning films for public exhibition.

Obligations of certain persons-

(l) Any person who delivers any certified film to any distributor or exhibitor shall, in such manner as

may be prescribed, speciry to the distributor or exhibitor, as the case may be, the title, the length ofthe film, the number and the nature ofthe c€rtificate granted in resp€ct thereofand the conditions,ifany, subject to which it has been so granted, and any other particulars as may be prescribed.

(2) The applicant, any distributor or exhibitor or any other person to whom the rights in the film havepassed, shall ensure that-

a) the prescribed Part ofthe certificate along with dre prescribed marks ofthe Board shallalways be exhibited with the film for such duration as may be prescribed;

b) any person connected with the exhibition ofa promotional film or an advertisement filmgranted "U" or "12{' or or "S" certificate shall mention with suchpromotional or advertisement film that the film has been certified for such exhibition,prominantly indicating the categorization ofthe film.

(3) Any violation ofSub section (2) above shall invite application of penalties under clapt€r VI ofthis Act.

Suspension and revocation of c€rtificate -(l) Notwithstanding anlthing contained in this Act and in addition to the penal provisions set out in

chapter VI ofthis Act, the Central Govemment may, by notification, suspend a certificate grantedunder section 22 for such period as it thinks fit or may revoke such certificate, if it is satisfied that-

a) the film in respect of which the certificate was granted, was being exhibited in a formother than the one in which it was certified; or

b) the film or any part thereof is being exhibited in contravention of the provisions ofthisAct or any other law for the time being in force or the rules made thereunder; or

c) the c€rtificat€ has been obtained by fraud or misrepresentation as to an essential Act

(2) Where a notification under sub-section (l) has been published, the Central Covemment mayrequire the applicant to whom the certificate was issued or any other person to whom the rights inthe film have passed, or both, to deliver the original certificate and all duplicate certificates, ifany,granted in respect of the film, to the Board or to any person or authority specified in the saidnoti fication.

(3) No action under this section shall be taken without giving an opportunity of being heard to theperson concerned.

(4) During the period in which a certificate remains suspended under this section, the film shall bedeemed to be an uncertified film.

26.

'r,1 Review oforders by Cetrtral Government-

(l) Where an applicant or any other person to whom the rights in the film have passed, is aggrievedby any order ofthe Cenral Govemment mder section 26 he may, within si*y days ofthe date ofpublicatim of the notification, make an application to the Central Government for review oftheorder, setting out in such application the grounds on which he considers such review to benecessary.

Provided that the Central Covernment may, if it is satisfied that the applicant or that otherperson was prevented by sufficient cause from filing an application for review within theaforesaid period ofsixty days, allow such application to be fited within a further period ofsixty days.

(2) On receipt ofthe application under sub-section (1), the Central Covemment may, after giving theaggrieved person a reasonable opportunity of being heard, and after making such further inquiry,as it may consider necessary pass such order as it thinks fit, confirming, modirying or reversing itsdecision and the Board shall dispose ofthe matter in conformitv with such order.

Power of the Central Government to issue directions- lf in the opinion ofthe Central Government theprovisions of sutss€ction (l) of section 25 have not been complied with while sanctioning ofa film forexhibition by the Board, the Central Govemment may direct the Board to review its decisions regardinggrant of certificate to that film under section 25 and upon such direction being passed by the CentralGovernment, the Board shall review its decision within such period as may be specified by the CenfalCovernment and intimale its decision to the Central Govemment.

Re- examination ofa certified lilrn-

(l) Where any complaint is received by the Board, in respect ofa film which has been c.ertified forpublic exhibition, the same shall b€ forwarded to the Central Government.

(2) The Central Government, if it considers necessary so to do, direct the Chairperson ofthe Board tore-examine any such film, in respect of which a complaint is received by it directly or tom theBoard under sub.section (l ), in suclr manner as may be prescribed.

Films deemed to be uncertifi€d film not to be exhibited - where a certified film is deemed to beuncenified film the provisions ofthis Act, the applicant and any other person or persons to whom the rightsin thetrlm have passed shall stop the exhibition ofthe film forthwith and surrender the original certifiLteand all copies ofthe duplicate certificate granted in respect ofthat film within fifteen days from the date ofthe notification.

30.

T5

CHAPTER V

APPELLATE TRIBIJNAL

31. Appeal -(l) Where any person is aggrieved by any order ofthe Board or ofthe Central Covemment, or ofany

other authority which affects and relates to the exhibition of a film, such person may, within a

period ofthirty days from the date ofsuch order, prefer an appeal to the Appellate Tribunal.

Provided that the Appellate Tribunal may, if it is satisfied that the appellant }l?sprevented by sufficient cause from filing the appeal within the aforesaid period of thirtydays, allow such appeal to be admitted within a fi.rther period ofthirly days by passing a

reasoned order.

(2) Every appeal under this seation shall be made in writing and shall be accompanied by a brief

statement ofthe reasons for the order appealed againsl, where such statement has b€en furnid)ed

to the appellant, and by such fees, as may be prescribed.

t2 ConstitutionofAppellateTribunal-

(1) For the purpose ofhearing appeals against any order ofthe Board referred to under section 31, the

Central Covernment shall, by notification, constitute an Appellate Tribunal to be called as the

Film Certifi cation Appellate Tribunal.

(Z) The Head offce of the Appeltate Tribunal shall be at New Delhi or at such other place as the

Cenbal Government may, by notification, specifr

33 Composition ofthe Appellant Tribunal -(l) The Appellate Tribunal shall consist ofa Chairperson and not more than four other Members to be

appointed by the Central Government.

(2) A person shall not be qualified for appointment as the Chairperson of the Appellate Tribunal

unless he is a retired Chief Justice of a High Court or a retired Judge of a High Court, or is a

person who is qualified to be a Judge ofa High Court.

(3) The Central Government may appoint such persons who, by reason ofhaving achieved eminence

in the field of atts, cinema, drama, law, literature, media or social sciances, are, in its opinion,

qualified tojudge the efect of films on the public, to be Members ofthe Appellate Tribunal.

34. Term of office and other terms and conditions ofChairperson and Memberc of Appellate Tribunal -(l) The Chairperson and the other Member ofthe Appellate Tribunal shall hold office for a period of

three years from the date on which he enters upon his office.

Provided that such Chairperson or other Member of the Appellate Tribunal shall be

€ligible for re-appointment:

Provided further that no Chairperson or other Memb€r of the Appellate Tribunal shall

hold office as such after he has attained, in the case ofthe Chairperson, the age ofsixty-eight years, and in the case ofthe Member, the age of sixty- five years.

(2\ The salary, allowances payable to, and the other terms and conditions of service of, the

Chairperson and Members shall be such as may be prescribed.

L4

35. Resignatior and removal ofChairperson and members ofAppellaie Tribunsl-

(l) Notwithstanding anything contained in section 34 the Chairperson or Memb€r of the AppellateTribunal may:

i) relinquish ofiice by giving in writing to the Central Government a notic€ ofnot less thanthree months ; or

ii) be removed liom office, ifthe Chairperson or such Member-a) has been adjudged as insolvent; orb) has been convicted of an offence which, in the opinion of the Central

Covernment, involves moral turpitude; orc) has become physically or mentally incapable of acting as Chairperson or

member: ord) has acquired such financial or other interest as is likely to affect prejudicially

the discharge offunctions; ore) has so abused the position of Chairperson or Member as to render the

continuance in office prejudicial to the public interest.(2) The Chairperson or any Member shall not be removed under clauses (c) to (e) above of sub-

section (l) (ii) above unless a reasonable opportunity of being heard in the matter has been

afforded.

36. Vacancy-

(l) In the event of the occurrence ofany vacancy in the office ofthe Chairperson of the AppellateTribunal by reason of death, resignation or otherwise, the s€nior- most Member of the AppellateTribunal shall act as the Chairperson until the date on which a new Chairperson, appointed to fillsuch vacancy, enters upon office.

(2) When the Chairperson of the Appellate Tribunal is unable to discharge the functions of officeowing to absenc€, illness or any other cause, the senior -most Member ofthe Appellate Tribunalshall discharge the functions ofthe Chairperson ofthe Appellate Tribunal until the Chairperson ofthe Appellate Tribunal resumes his duties.

37- Secretary and other employees -(1) The Central Govemment may appoint a S€cretary and such other employees as it may think

necessary for the efficient performance ofthe functions ofthe Appellate Tribunal under this Act insuch manner as may be prescribed.

(2) The salary and allowances and other terms and conditions of service of the Secretary and otheremployees ofthe Appellate Tribunal shall be such as may be prescribed.

38 Powers and Procedure ofthe Appellate Tribunal-

(t) The Appellate Tribunal shall have power to regulate its own procedure and shall not be bound bythe procedure laid down by the Code of Civil procedure, 1908.

(2) The Appellate Tribunal shall have, for the purposes ofdischarging its functions under this Act, thesame powers as are yested in a civil court under the Code of Civil Procedure, 1908, whiletrying asuit in respect ofthe following matters, namely:-

a) summoning and enforcing the attendance ofany person and examining him on oath;

15

b) discovery and production of any document or other material objecl producible as

evid€nce:c) receiving evidenc€ on affidavits;d) issuing commissions for examination ofwitnesses or documents;

e) reviewing its decisions;f) any other matta which may be prescribed.

(3) The Appellate Tribrmal may, after making such inquiry into the matter as it consides necessary,

and after giving the parties, including the Boor4 an opportunity ofbeing heard in the matter, rnake

such order, including any interim order, in relation to such appeal, as it thinks fit, and fie Board

shall dispose ofthe matter in conformity with such order.

39. Appesl to Supreme Court

(l) Notwithstanding an]4hing contained in the Code ofCivil Procedure, 1908 or in any other law, an

appeal shall lie against any order, not being an interlocutory order, ofthe Appellate Tribunal to the

Supreme Court on one or more ofthe gounds specified in section 100 ofthat Code'

(2) No appeal shall lie against any deoision or order made by the Appellate Tribunal with the cons€nt

ofthe parties.

(3) Every appeal under this s€ction shall be prefened within a period ofninety days from the date ofthe decision or order appealed against.

Provided tbat the Suprerne Court may entertain lhe appeal after the expiry of the said period ofnin€ty days, if it is satisfi€d that the appellant was prevented by sufficient cause from preferring

the apPeal in time

CHAPTER VI

OFFENCES AND PENALTES

40. Penslty for unarthorized duplication ofa Film etc.-

(l) No person who undertakes the processing ofa film, analogue or digital or in any other form using

any technolog5t, shall,

a) issue any negative or copy ofthe film to any person except one copy of the first maniedprint of the film to the person applying for a c€f,tificate under subsection (l) of section

18 until a certificate is grant€d under section 22; orb) make or cause to be made an unauthorized duplicate print or a copy ofthe film in any

form using any technology.

(2') Any person, who contravenes the provisions contained in sub-se€lion (l) above , shall be

punishable with a fine of not less than five lakh rupees which may extend to twenty-five lakh

rupees or imprisonment ofnot less than one year which may extend upto thre€ years, or both.

15

41. Penalties for contravention of certrin provisions ofthis Act-

(l) Ifany person :

a) exhibits or permits to be exhibited in any place

i) any film other than a film whici has not been certified by the Board forexhibition or

ii) without la*fiI authority alters or t np€rs or interpolates or interferes with inany way any film after it has b€en certified;

shall be punishable with imprisonment for a term of not less than one year which may

extend to three years, or with a fine ofnot less than three lakh rupees which may extendto twenty five lakh rupees, or with both, and in the case of a continuing offenc€ with a

further fine of not less than twenty five thousand rupees which may extend to fiftythousand rupees for each day during which the offence continues.

exhibits or permils or causes to be exhibited in any plac€-

i) any film, which has been cenified by the Board as suitable for exhibitionrestricted to adults, to any person who is not an adult; or

iD any film, which has been certified by the Board as suitable for exhibitionresricted to the persons uho have completed fiftean years of age or above toany person who has not completed fifteen years ofage; or

iii) any film, which has b€en cenified by the Board as suitable for exhibitionresficted to persons who have completed twelv€ years of age or above to anyperson who has not completed twelve years ofage; or

iv) any film which has been certified by the Board as suitable for exhibitionrestricted to any profession or class ofpersons, to a person who is not a member

ofsuch profession or who is not a member of such class;

v) any certified film and which, when exhibited, does not display the prescribed

mark ofthe Board and has been altered or tampered with in any way since such

mark was affixed thereto; or

shall be punishable with imprisonment for a term of not less than one year which mayextend to three years, or with a fine ofnot less than one lakh rupees which may extend tothree lakh rupees, or with both, and in the case ofa continuing oflence with a further fineof not less than five thousand rupees which may extend to twenty thousand rupees foreach day during which the offence continues:

Provided that the exhibition ofa film, which has been prohibited for exhibitionto children below the age oftwelve years or fiteen years to such children shall

not be deemed to be an offenc€ within the meaning of this section, when such

children or persons are accompanied by their parents or an adult guardian.

Further provided that the exhibition of a film to children below the ag€ of three years

accompanying their parents or guardians shall not be deemed to be an offence within themeanins of this section.

b)

L7

42.

c) fails to comply with any order made by the Central Government or by the Board in theexeraise of any of the powers or functions conferred on it by this Act or the rules madethereunder shall be punishable with a fine of not less than one lakh rupees which mayextend to three lakh rupees and in the case ofa continuing o{fence with a further fine ofnot less than five thousand rupees which may extend to twenty thousand rupees for each

day during which the offence continues.

Penalty for failure to deposit print of lilm and supplying required information to disiributor orexhibitor-

(l) Any person, who-

a) fails to deposit a print of the film in accordance with the provisions contained in sub-section (3) ofSection 22 or;

b) fails to specifo to any distributor or exhibitor, the titlg the length ofthe film, the numberand the nature of the certificate granted in respect thereof and the conditions, if any,subject to which it has been so granted, in accordance with the provisions contained insub section (l) ofSection 25;

shall, notwithstanding anything contained in any other Act or law in force, be punishable with afine of not less than one lakh rupees which may extend to three lakh rupees and in the case of acontinuing offence with a further fine of not less than five thousand rupees which may extend totwenty thousand rupees for each day during which the offence continues and if tle same is notpaid the same shall be recoverable as arrears ofland revenue.

Penalty for failure to comply with Section 25(2)- If the applicant, any distributor or exhibitor or anyother person to whom the rights in the film have passed fails to comply with the provisions ofsub section(2) of section 25 such person shall be punishable with a fine of not less than five thousand rupees whichmay extend to twenty thousand rupees per day for each such contravention.

Penalty for contravention by Companies-

(l) Where a person committing a contravention of any of the provisions ofthis Act or ofany rule,direction or order made thereunder is a company, every person who, at the time the conaaventionwas committed, was in charge of, and was responsible to, the company for the conduct of thebusiness ofthe company as well as the company, shall be deemed to be guilty ofthe contraventionand shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub,section shall render any such person liable topunishment if he proves that the contrayention took place without his knowledge or that heexercised due diligence to prevent such contravention

(2) Notwithstanding anything contained in sub-section (l), where a contravention of any of theprovisions ofthis Act or ofany rule, direction or order made thereunder has been committed by acompany and it is proyed that the contravention has taken place with tle consent or connivance oi,or is attributable to any negle€1 on the part of, any director, manag€r, secretary or other officer ofthe company, such director, manager, secretary or other officer shall also be deemed to be guiltyofthe confiavention and shall be liable to be proceeded against and punished accordingly.

Explanation. - For the purposes ofthis Section:-

i) "company'' means anybody corporate and includes a firm or other association ofindividuals; and

ii) "director", in relation to a firm. means a Dartner in the firm

43.

44.

18

46.

Cogtrizance of offences-

(l) No Court shall take cognizance ofany offence punishable under this Act except upon a complaint

in writing made by any authorized ofTicer or by the holder ofthe certificate as the case may be.

(2\ Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973, itshall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the First Class

specially empowered by the State Government in this behalf, to pass a sentence of fine exceedingfive thousand rupees on any person convicted ofany offence punishable wrder this Act,

(3) lfany person is convicted ofan ofence punishable under this section committed by him in respect

ofany film, by the competent court, that court may further direct that the print ofthe film shall be

forfeited to the Central Government.

CHAPTER VII

REGULATION OF EXHIBITION

Place ofcinematograph exhibition to be licensed-

(l) Save as otherwise provided in this Part, no person shall give an exhibition by means of a

cinematograph elsewhere than in a place licensed under this Part or otherwise than in compliancewith any conditions and restrictions imposed by such license.

(2') The authtrity having powe. to grant license under this Part (hereinafter referred to as the licensingauthority) shall be the District Magistrate or any other authority constituted by the State

Government or the administration ofthe Union Territory for the whole or any part ofthe State orthe Union territory, as the case may be.

Application for grant of license- Any person desiring to exhibit any film certified under this Act shallmake an application to the licensing authority in such mannet and accompanied with such fee as may beprescribed for the grant ofa license under Section 48 by such Slate Government or Union Tenitory, as thecase may be.

Grant of license and restrictions on powers ofthe licensing authority-

(l) Subject to the provisions of subsection (2) the licensing authority may grant licenses under thisChapter to such persons as that authority thinks fit and on such terms and conditions and subject tosuch restrictions as it may determine.

(2) The licensing authority shall not grant a license under this Part, unless it is satisfied that:-

a) the provisions ofthis Act and the rules made thereunder or by the State Government orthe administration of the Union Territory as the case may be have been substantiallycomplied with, and

b) adequate precautions, as provided in the rules made in this behalf, have been taken in theplace, in respect of which the license is to be given, to provide for the safety of persons

attendine exhibitims therein

t9

49.

(3) Any person aggrieved by the decision ofa licensing authority refusing to gant a license under thisPart may, within such time as may be prescribed, appeal to the Stat€ Government or the Unionterritory administration or to such officer as the Union territory administration may authorize inthis behalfand the State Goyernment or the Union territory administntion or such officer, as thecase may be, may make such order in the case as it or he thinks fit.

(4) The Central Govemment may, from time to time, issue directions to licensees generally or to anylicensee in particular for the purpose of regulating the exhibition of any film or class of films, sothat scientific films, films intended for educational purposes, films dealing with news and currenlevents, documentary films or indigenous films secure an adequate opportunity ofbeing exhibited,and where any such directions have been issued, those directions shall be deemed to b€ additionalconditions and resfictions subject to which the license has been granted.

Power ofthe Ceniral Governm€nt to suspend the exhibition of films itr certaio cases-

(l) Where the C€ntral Goyernmenl suo moto or at the b€hest of a State Govemment or theadministration of a Union Territory, is of the opinion, that a film which is being publiclyexhibited has caused or is likely to cause an imminent breach of public order, it may by order,suspend the further exhibition of such film in such Statg Union Territory or part of India andduring such suspension the film shall be deemed to be an uncertified film in that State, UnionTenitory or part as the case may be, and the provisions of section 30 rclating to uncertified filmshall be applicable to such film.

Provided that no order under sub-Section (l) shall be passed by the Central Governmentunless the person in whose name the certificate has been issued has been given a Showcause Notice in writing setting out the grounds on which it is proposed to suspend theexhibition ofthe film and giving him a reasonable opportunity ofmaking a representationin writing within such time as may be specified in the notice and ifthat person so desiresofbeing heard.

(2) Notwithstanding anlthing contained in sub Section (l) aboye, ifthe Central Govemment is oftheopinion, based on material before it including material fumished by the State Government or theadministration ofthe Union Tenitory, as the case may be, that in the interest ofpublic order, it isnecessary so to do, it may for the reasons to be recorded in writing, summarily suspend theexhibition ofthe film with a view to make a further inquiry as contemplated in sub Section (l).

(3) An order made under this section shall remain in force for a period of two months from the datethereof but the Central Govemment may, if it is ofthe opinion that the order should continue inforce, dir€ct that the period ofsuspension shall b€ extended by such further period as it thinks fit.

(4) Any person aggrieved by any order passed by the Cental Government under this Section mayprefer an appeal to the Appellate Tribunal under Section 31.

(5) No order ofsuspension ofexhibition ofany film shall b€ passed by any State Government or theadministration ofa Union Territory save and except an order passed by the Central Govemment as

orovided for in this Section.

50

20

Penalties for contraventiotr of this Chapter - If the owner or person in charge of a cinematograph filmuses the sarne or allows it to be used, or ifthe owner or occupier ofany place permits tiat place to be used

in contravention of the provisions of this Part or of the rules made thereunder, or of the conditions and

r€strictions upon or subject to which any license has been granted under this Part, he shall be punishable

with a fine of not less one lakh rupees which may extend to three lakh rupees and in the case of acontinuing offenc€, with a further fine of not less than five thousand rupees which may extend to twentythousand rupees for each day during which the offence continues.

Power to revoke lic€nse - where the holder ofa license has been convicted ofan offence under any oftheprovisions ofthis Act, the licensing authority may revoke the license,

CHAPTER VIII

MIScELLANEoUS

Power to direct exhibition of films- For tie purpose of exercising any of the powers conferred on it by

this Act, the Central Covemment, the Appellate Triblmal or the Board may require any film to be exhibited

before it or, before any person or authority specified by it in this behalf

Power ofsearch and seizure-

(l) Where a film is exhibited in contravention ofthe provisions contained in this Act or rules or ofany order made by the Central Government, the Appellate Tribunal or the Board in the exercise ofany ofthe powers conferred on it, any police oflicer not below the rank of sub-inspector or an

authorized officer may enter any place in which he has reason to believe that such a film has been

or is being or is likely to be exhibited, search it and seize the film.

(2) All searches and seizures shall be carried out in accordance with the provisions ofthe Code ofCriminal Procedure, 1973, relating to searches and seizures.

Protection of action tak€n in good faith- No suit or other legal proceedings shall li€ against the CentralGovernment, the Appellate Tribunal, the Board, advisory panel or any offcer ofthe Central Government ormember of the Appellate Tribunal or the Board or advisory panel, as the case may be, in respect ofanlthing which is in good fuith done or intended to be done under this Ac1.

Members of App€llate Tribunal, Board and Advisory Panels to be public servants - All members ofthe Appellate Tribunal, the Board and of any advisory panel shall, when acting or purporting to act inpursuimce ofany of the provisions ofthis Act, be deemed to be public servants within the meaning ofsection 2l ofthe Indian Penal Code.

No punishment in respect of certified film- The applicant, any distributor, exhibitor or any other personto whom the rights in the film have passed shall not be liable for punishment under any law relating toobscenity in respect ofany matt€r contained in the film for which a certificate has been granted under subsection (l) ofsection 23.

Evidence of copyright -Where the applicant under section l8 is the producer, as defined in clause (uu) ofsection 2 of the Copyright Act, 1957, the certificate granted to that applicant under section l8 shall bedeemed to be the evidence of copyright owned by such applicant in respect of that cinematograph filmsubject to the provisions ofThe Copyright Act 1957 (as amended from time to time).

51.

('t

53.

54.

f,5.

!o.

57.

2I

58. Bar ofjurisdiction- No court shall have jurisdiction to entertain any suit or proceeding in respect of anymatter which the Board or the Appellate Tribunal is ernpowered to determine by or under this Act and noinjunction shall be granted by any court or other authority in respect ofany action taken or to be taken inpursuance ofany power conferred by or under this Act.

59 Power lo make Rules -(l) The Central Govemment may, by notification in the Omcial Gazette, make rules for the purposes

of carrying out the provisions ofthis Act.

(2) ln particular, and wilhout prejudice to the generality ofthe foregoing power, rules made under thissection may provide for all or any ofthe following matters, namely: -

a) fee and allowances payable to the Chairperson and members of the Board under sub-section (4 )ofsection 6:

b) other terms and conditions of service ofthe members ofthe Board under sub-section (5

)ofsection 6ic) other matters to be contained in the annual report under clause (b) of sub-section (l) of

section 9:d) the manner in which and the period for which registers, records and accounts of the

Board are to b€ maintained, preserved and kept under clause (c) of sub-section (l) ofsection 9.

e) tenure ofmembers ofscreening panel under section 15;f) manner in which the Board is to consult the screening panel under sub-section (6) of

section 15.g) the fees and allowances payable to the members ofthe advisory panel under sub.seclion

(7) ofsection l5;h) manner ofappointing the Chiefexecutive Officer, Regional officers under subsection (2)

ofsection l4li) the manner of associating Regional Officers in the examination of films under sub

se€tion (3)of section l4;j) the manner of making an application to the Board for a certificate and the fees to b€

levied under sub-section (l) of section l8 and specifling of Regional Officers fordelivering the application under sub-section (2) ofthat section;

k) persons to be appointed for the constitution ofthe Examining Committee and the mannerthereof under sub-section (l),;

l) the manner of examination of films by the Examining Committee and recording opinionunder sub-section (2), and forwarding of the recommendations of the ExaminationCommittee under sub-section ( 3) ofsection l9

m) constitution of the Revising Committee under clause (c) ofsutssection (4) ofsection l9;n) manner ofexamination ofthefilm by the Board under sub-section (l) ofsection 22;o) the marking ofthe films under section 22;p) form for depositing the print ofthe film before issue ofthe certificate and the agency or

agencies under sub-section (3) ofsection 22;q) form of the c€rtificate authorizing public exhibition of films under sub-section (4) of

section 22;r) form and fee for making change in the category offilm under section 23;s) the manner in which the person delivering the certified film is to notiry to the distibutor

or exhibitor the tide, length of the film, etc. under sub-section (l) and duation forexhibiting the pan ofthe c€rtificate and mark thereofunder sub-section (2) ofsection 25

t) the period within which the Board is to reyi€w its decision under section 28;

60.

6t.

u) manner ofre-examination offilms under sub-section (2) ofsection 29;

ui the fee payable by the appellant to the Appellate Tribunal in respect of matters relating to

appeal under sub-seclion (2) of section 3 I ;

w1 fhi term of office, terms and conditions of service, of the Chairperson and the members

ofthe Appellate Tribunal under sub-sections (l) and (2) of section 34;

x) the manner of appointment of Secretary and otha employees under subsection (l) ofsertion 37;

y) the salary and allowances and other terms and conditions of service ofth€ Secretary to,

and other employees ol lhe Appellate Tribunal under sub-section (2) ofsection 37;

z) any other matters under clause (f) ofsub-section (2) of section 38;

a;) providing for the regulation of cinematograph exhibitions for securing the safety ofthepublic under the provisions ofsubsection (l) ofsection 48;

bb) presoibing the terms, conditions and restrictions, if any, subject to which license may be

granted under this Part under subsection(2) ofsection 48;cc) prescribing the time within which and the c.nditions subject to which an appeal under

sub-section (3) ofsection 48 may be preferred.

dd) any other matter for which rules may be or are to b€ prescribed.

(3) Every rule made under this Act shall be laid, as soon as may b€ after it is made, before each House

ofPirliament, while it is in session for a total period ofthirty days which may b€ comprised in one

session or in two or more successive sessions, and if, before the expiry ofthe s€ssion, immediately

following the session or the successive sessions aforesaid, both Houses agree in making any

modification in tlle rule or both Houses agre€ that the rule should not be made, the rule shall

thereafter have effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall b€ without prejudic€ to the validity ofanything previously done under that rule

(4) The State Govemments and the administration of the Union Territuy shall have the power to

make Rules for the matter specified in Chapter Vll of this Act in so far as consistent with the

provisions ofthis Act related to th€ States and the Union Tenitories respectively

Power to exempt- The Central Covernment may, by order in *riting exernpt, subject to such conditions

and restrictions, as it may impose:-

a) any film or class offilms from any ofthe provisions ofthis Act or ofany rules made thereunder;

bj any cinematograph exhibition or class ofcinematograph exhibitions from any ofthe provisions ofPart VII or ofany rules made thereunder.

Power to remove difficulties-

(l) Ifany difficulty arises in giving effect to the provisions ofthis Act, the Central Government may,

by order, published in the Official Cazettg make such provisions not inconsist€trt with the

provisions ofthis Act, as appears to it to be necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after the expiry oftwo years fiom the date

of commencement ofthis Act,

(2') Every order made under this section shall, as soon as may be after it is made, be laid before each

House ofParliament.

25

Repeal and Savings -(l) The Cinernatograph Act 1952 and is hereby repealed.

(2) Notwithstanding the repeal under sub section (l)-(a) anything donl or action taken under any provision ofthe Cinematograph Act' 1952 by

the Central CoYemm€nt shall continue to be in force and shall not affect -

i) the previous operation ofthe provisions so repealed or anything duly done or

suffered thereunder ; oriD any right, privilege, obligation or tiability acquired, accrued or incuned under

the provisions so rePealed; or

iii) any penalty, forfeiture or punishment incuned in respect of any offence

committed under the provisions so repealed; or

iv) any investigation, legal proceeding or remedy in respect of any- such. right'- privilege, obligation, liability, penalty, forfeiture or punishm€nt as aforesaid' and

any suih inveitigation, legal proceeding or remedy may be instituted' continued

or enforced, and any such penalty, forfeiture or punishment may be imposed as

ifthe said provisions had not been repealed;

b) anything done or any action taken including any rule, notification, order made or issue or'

uny ^ppiint

ent or declaration made or any direction given or any penalty imposed shall

be deimed to have been done or taken under the corresponding provisions ofthis Act;

c) any person appoint€d to any office by virtue ofthe repealed enactment shall be deemed to

have been appointed to that ofiice under or by Yirtue ofthis Act

d) the Regionai'Officers existing on the commenc€ment ofthis Act for the examination offilms shall continue as ifthey have been appointed under the provisions of this Act;-

e) the certification offilms under the repeal€d enactment shall continue to be valid under the

provisions ofthis Act

0 ;ll registers and records maintained under the repealed enactment shall be deemed to be

registers under the corresponding provisions ofthis Act;

(3) The mention of particular matters in sub-section (l) shall not be held to prejudice the general

application of section 6 ofthe General Clauses Act, 1897 with regard to the effect ofthe repealed

enactment.

(4) Any law enacted by the State Goyernment in exercise of its powers under Entry 33 of List I I shall

continue to be in force, in so far as the provisions of such law are not inconsistent with the

provisions ofthis Act.

Dissolutiotr ofexisting Board and existing Tribunal -(1) On and from the commencement ofthis Act -

a) the existing Board shall stand dissolved on the constitutionofthis Act and

b) the existing Appellate Tribunal shall stand dissolved

Appellate Tribunal under section 32 ofthis Act:

ofthe Board under section 5

on the constitution of the

65

Providedthatunti|theconstitutionoftheBoardandtheAppellateTribunalunderthisAct, the existing Board and the existing Appellate Tribunal shall continue to function as

such and the pio\'ision, of the Cinem-atograph Act, 1952, in regard to the powers and

functions of the existing Board and the ixisting Appellate Tribunal shall continue to

apply as if the Cinematograph Act' 1952, had not b€en repealed'

(2)OnthedissolutionoftheexistingBoardandthgexistingAppellateTribunal,thepersonsholdingth" i".p""tiu" offices of chairman and Members therein before the appointed day shall. yacat€

theirrespectiveofficesontheconstitutionoftheBoardandtheAppe|lateTribunalunderthisActand shall not be entitled to claim ofany compensation for the premature termination ofthe term of

ofTice or ofany contract ofservice, ifany

(3)OnthedissolutionoftheexistingBoardortheexistingAppellateTribunal'asthecasemaybe'allmatters or proceedings or casei pending before the eiiiting eoard or the existing Appellate

Tribunal shall, on the constitution Lfthe Eoard or the Appellate Tribunal' stand tansferred to the

Board or the Appellate Tribunal as the case may be, under this Act which shall dispose of such

matters, proceeiings or cases in accordance with the provisions ofthis Act'

Provisions in respect of ollicers atrd other employees of existing Board and the existing Tribunal- The

Ct i"ff*"cutiue <imcer, every Regional Offceior other employee ofthe existing Board and Secretary and

otheremployeesoftheexistingAppellateTribunal,servingassuchimmediatelybeforetheappointedday,,f,uif U""o.", as iiom the appoint;a day, the ChiefExecutive Offrcer, Regional Ofiicer or other employee,

as the case rn'ay be, ofthe Board, and Secretary and other employees ofthe Appellate Tribunal' as case may

;e, constituted under this Act and shall hotd ttreir offices therein by the same tenue, at the same

remuneration, upon the same terms and conditions, with the same obligations and with the same rights and

pri"if"g"t *i .itf,er benefits as would have been admissible to them as ifthe Cinematograph Act' 1952 had

not been repealed.

Consequential provisions- One and fom the appointed day-

(l)anyreferencetotheBoardofFilmcertificationconstitutedundersection5ofthecinematographAct, 1952, ihereinafter referred to as the'existing Board') in any law other than this A:t oljn Iyconiract or other instrument shall be deemed as a reference to the Board constituted under this Act;

(2)anyreferencetotheAppellateTribunalconstitutedundersection5DofthecinematoglaphAct'1952 (hereinafter referied to as the existing Appellate Tribunal) in any law- other than-th':1":lin any contact or other instrument shall be deemed as a reference to the Appellate I nbunal

constituted under this Act;

(3) all properties and assets, movable and immovable, of, or belonging to' the existing Board shall

vest in the Board constituted under this Act;

(4)allrightsandliabilitiesoftheexistingBoarclshallbefansferredto'andbetherightsandliabilities ofthe Board constituted under this Act;

(5) without prejudice to the provisions ofclause (c), all debts, obligations and liabilities incuned,.all

contracts entered into and all matters and things engaged to be done by, with or for the existing

Board immediately before that date, for or in connection with the purpose-of the said. existing

Board shall be deemed to have been incurred, entered into, or engaged to be done by, with or, for,

the Board constituted under this Act;

2)

(6) all sums of money due to the existing Board immediately before that date shall b€ deemed to be

due to the Board constituted und€r this Act;

(7) all suits and other legal proceedings pending or existing immediately before the appointed day by

or againS the existing Board mayJs-from the appointed day, be continued or may be instituted by

or alainst the Boardionstituted under this Act, as it might have been instituted by or against the

exiJng Board, as ifthis Act had not been enacted and shall cease to be enforc€able by or against

the existing Board.

Getreral effect of vestitrg of assets snd properties-

(l) The properties and assets, movable and immovable, ol or belonging.to th€:-i:liT,eP"i9,gttis trinsiened to, and whioh vest in, the Board constituted under this Act, shall b€ deemed to

includeallass€ts,rights,powers,authoritiesandprivilegesandallproPerties'movableandimmovable, real and personal, corporeal and incorporeal, in possession or r€servation' present or

contingent of whatever nature and wheresoever siiuate including lands, buildings, vehicles,.cash

balands, deposits, reserve fund, any other fund, security, loans, advances and grxuantees glven'

and all other rights and interests aiising out of such prop€rty as were immediately before the

appointed day ii the ownership, posses;ion or power of the edsting Board in relation to such

assets and properties or specifie; ;ssets or properties, as the case may be' within or without Indi4

all books oi account, regiiters, records and documents relating thereto and shall also be deemed to

inc|udeallborrowingsandliabilities'andob|igationsofwhateverkindwithinorwithoutlndiathen subsisting ofthe existing Board in relation io such assets and propcrties' or specified assets or

properties, as the case may b€.

(2) AII contracts, deeds, bonds guarantees, powers --of'attomey, other instruments and working

anang-"nts sulsisiing immldiately befbre the appointed day and affecting the existing Board

shall -by virtue ofthis Act be enforceable against ihe Board constituted under this Act as fully

andeffectuallyasifinsteadoftheexistingBoard,theBoardconstitutedunderthisAct,hadbeennamed therein or had been a pafy therero'

zo

STATEMENT OF OBJECTS AND REASONS

27

NOTES ON CLAUSES

28

FINANCIAL MEMORANDUM

29

MEMORANDUM RECARDTNG DELEGATED LEGISLATION