THE
CINEMATOGRAPH ACT, 1952
37 of 1952
(21st
March, 1952)
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An
Act to make provision for the certification of cinematograph films for
exhibition and for regulating exhibitions by means of cinematographs.
Be
it enacted by Parliament as follows:-
PART
I
PRELIMINARY
Short
title, extent and commencement.
1.
(1)
This Act may be called the Cinematograph Act, 1952.
(2)
Parts
I, II and IV extend to the whole of India2*** and Part III
Extends to 3[the Union territories] only.
(3)
This
Act shall come into force on such date4
as the Central Government may, by notification in the Official
Gazette, appoint:
25
of 1973.
[Provided
that Parts I and II shall come into force in the State of Jammu and
Kashmir only on such date after the commencement of the Cinematograph
(Amendment) Act, 1973, as the Central Government may, by notification in
the Official Gazette, appoint.]
Definitions.
2.
In
this Act, unless the context otherwise requires, -
(a) “adult” means a person who has completed his eighteenth year;
1
For Statement of Objects and Reasons see Gazette of India, pt II, Sec. 2,p
220.
This Act has
been extended to Dadra and Nagar Haveli by Reg 6 of 1963, s. 2 ans Sch.,
Goa, Daman and Diu by Reg. II of 1963, s. 3 and Sch.
Paart I and II
of the Act shall come into force in the State of Jammu and Kashmir (w.e.f.
1.5.1974) video Notification No. G.S.R 183(E), dated 23.4.1974
2
The words “except the State of Jammu and Kashmir” omitted by Act 25 of
1973, s.2
3
Subs. by Act 3 of 1959, s.2 for “Part C States”.
4
The 28th July, 1952, Information and Broadcasting Ministry’s
notification No. S.R.O 1066, dated the 10th June, 1952, Gazette of India,
1952, pt II, Sec. 3, p.945.
5
The proviso added by Act 25 of 1973, s.2
1[(b)
“Board” means the Board of Film Certification constituted by
the Central Government under section 3;]
2[
(bb) “certificate” means the certificate granted by the Board under
section 5A’]
(c
) “cinematograph” includes any apparatus for the representation of
moving pictures or series of pictures;
(d)
“district
magistrate”, in relation to a presidency-town, means the commissioner of
police;
3[(dd)
“film” means a cinematograph film;]
(e)
“place”
includes a house, building, tent and any description of transport, whether
by sea, land or air;
(f)
“prescribed”
means prescribed by rules made under this Act;
(g)
4[“regional
officer” means a regional officer appointed by the Central Government
under section 5 and includes an additional regional officer and an
assistant regional officer;
(h)
“Tribunal”
means the Appellate Tribunal constituted under section 5D.]
Construction
of references to any law not in force or any functionary not in existence
in the State of Jammu and Kashmir
5[2A.
Any reference in this Act to any law which is not in force, or any
functioning not in existence, in the State of Jammu and Kashmir, shall, in
relation to that State, be construed as a reference to the corresponding
law in foce, or to the corresponding functionary in existence, in that
State.]
PART
II
CERTIFICATION OF FILMS FOR PUBLIC
EXHIBITION
Board
of films Censors
6[3.
(1) For the purpose of
sanctioning films for public exhibition, the Central Government may, by
notification in the Official Gazette, constitute a Board to be called the 7[Board
of Film Certification] which shall consist of a Chairman and 8[not less than twelve and not more than twenty-five]
other members appointed by the Central Government.
1.
Subs. by Act 49 of 1981, s. 2, for clause (b) (w.e.f. 1.6.1983).
2 Ins. by s.2 ibid. (w.e.f. 1.6.1983).
3 Ins. by Act 3 of 1959, s.3
4 Ins. by Act 49 of 1981, s.3
5 Ins. by Act 25 of 1973, s.3
6 Subs by Act 3 of 1959, s.4, for section 3 to 6.
7 Subs. by Act 49 of 1981, s.3, for “Board of Film Censors” (w.e.f.
1.6.1983)
8. subs. by s.3 ibid., for “not more than nine” (w.e.f. 1.6.1983)
(2)
The
Chairman of the Board shall receive such salary and allowances as may be
determined by the Central Government, and the other members shall receive
such allowances or fees for attending the meetings of the Board as may be
prescribed.
(3)
The
other terms and conditions of service of the members of the Board shall be
such as may be prescribed.
Examination
of films
4.
(1)
Any person desiring to exhibit any film shall in the prescribed manner
make an application to the Board for a certificate in respect thereof, and
the Board may, after examining or having the film examined in the
prescribed manner,-
(i)
sanction the film for unrestricted public exhibition;1 ***
2[Provided
that, having regard to any material in the film, if the Board is of the
opinion that it is necessary to caution that the question as to whether
any child below the age of twelve years may be allowed to see such a film
should be considered by the parents or guardian of such child, the Board
may sanction the film for unrestricted public exhibition with an
endorsement to that effect; or]
(ii)
sanction
the film for public exhibition restricted to adults; or
3[(iia)
sanction the film for public exhibition restricted to members of any
profession or any class of persons, having regard to the nature, content
and theme of the film; or]
(iii)
4[direct
the applicant to carry out such excisions or modifications in the film as
it thinks necessary before sanctioning the film for public exhibition
under any of the foregoing clauses; or]
(iv)
refuse to sanction the film for public exhibition.
(2)
No
action under 5[the
proviso to clause (i), clause (ii), clause (iia), clause (iii) or clause
(iv)] of sub-section (1) shall be taken by the Board except after giving
an opportunity to the applicant for representing his views in the matter.
1
The word “or” omitted by s. 4, ibid. (w.e.f. 1.6.1983)
2 The
proviso added by s. 4 ibid (w.e.f. 1.6.1983)
3
Ins. by s.4 ibid (w.e.f. 1.6.1983)
4 Subs.
by s. 4, ibid., for clause (iii) (w.e.f. 1.6.1983)
5
Subs. by Act 49 of 1981, s. 4, for “clause (ii), clause (iii) or clause
(iv)” (w.e.f. 1.6.1983)
Advisory
panels
5.
(1)
For the purpose of enabling the Board to efficiently discharge its
functions under this Act, the Central Government may establish at such
regional centres as it thinks fit, advisory panels each of which shall
consist of such number of persons, being persons qualified in the opinion
of the Central Government to judge the effect of films on the public, as
the Central Government may think fit to appoint thereto.
(2) At each regional centre there shall be as many regional
officers as the Central Government may think fit to appoint, and rules
made in this behalf may provide for the association of regional officers
in the examination of films.
(3) The Board may consult in such manner as may be prescribed any
advisory panel in respect of any film for which an application for a
certificate has been made.
(4) It shall be the duty of every such advisory panel whether
acting as a body or in committees as may be provided in the rules made in
this behalf to examine the film and to make such recommendations to the
Board as it thinks fit.
(5)
The members of the advisory panel shall not be entitled to any salary but
shall receive such fees or allowances as may be prescribed.
Certification
of films
5A. 1[(1)
If, after examining a film or having it examined in the prescribed manner,
the Board considers that-
(a)
the
film is suitable for unrestricted public exhibition, or as the case may
be, for unrestricted public exhibition with an endorsement of the nature
mentioned in the proviso to clause (i) of sub-section (1) of section 4, it
shall grant to the person applying for a certificate in respect of the
film a “U” certificate or, as the case may be, a “UA” certificate,
or
(b)
the
film is not suitable for unrestricted public exhibition, but is suitable
for public exhibition restricted to adults or, as the case may be, is
suitable for public exhibition restricted to members of any profession or
any class of persons, it shall grant to the person applying for a
certificate in respect of the film an “A” certificate or, as the case
may be, a “S” certificate; and cause the film to be so marked in the
prescribed manner:
Provided
that the applicant for the certificate, any distributor or exhibitor or
any other person to whom the rights in the film have passed shall not be
liable for punishment under any law relating to obscenity in respect of
any matter contained in the film for which certificate has been granted
under clause (a) or clause (b).]
(2)
A
certificate granted or an order refusing to grant a certificate in respect
of any film shall be published in the Gazette of India.
1 Subs. by s. 5, abid, for sub-section 9I0
(w.e.f. 1.6.1983)
Subject to the other provisions contained in this Act, a certificate
granted by the Board under this section shall be valid throughout India
for a period of ten years.
Principles
for guidance in certifying films.
5B.
(1) A film shall not
be certified for public exhibition if, in the opinion of the authority
competent to grant the certificate, the film or any part of it is
against the interests of 1[the
sovereignty and integrity of India] the security of the State, friendly
relations with foreign States, public order, decency or morality, or
involves defamation or contempt of court or is likely to incite the
commission of any offence.
(2)
Subject to the provisions contained in sub-section (1), the
Central Government may issue such directions as it may think fit setting
out the principles which shall guide the authority competent to grant
certificates under this Act in sanctioning films for public exhibition.
Appeals
2[5C.
(1) Any person applying for a certificate in respect of a film who
is aggrieved by any order of the Board-
(a)
refusing
to grant a certificate; or
(b)
granting
only an “A” certificate; or
(c)
granting
only a “S” certificate; or
(d)
granting
only a “UA” certificate; or
(e)
directing
the applicant to carry out any excisions or modifications, may, within
thirty days from the date of such order, prefer an appeal to the Tribunal:
Provided
that the Tribunal may, if it is satisfied that the appellant was prevented
by sufficient cause from filing the appeal within the aforesaid period of
thirty days, allow such appeal to be admitted within a further period of
thirty days.
(2)
Every
appeal under this section shall be made by a petition in writing and shall
be accompanied by a brief statement of the reasons for the order appealed
against where such statement has been furnished to the appellant and by
such fees, not exceeding rupees one thousand, as may be prescribed.]
Constitution
of Appellate Tribunal.
1[5D.
(1) For the purpose of
hearing appeals against any order of the Board under section 5C, the
Central Government shall, by notification in the Official Gazette,
constitute an Appellate Tribunal.
1
Ins. by 6, ibid (w.e.f. 1.6.1983)
2.
Subs. by Act 49 of 1981, s 7, for section 5C (w.e.f. 1.6.1983)
(2) The head of office of the Tribunal shall be at New Delhi or at
such other place as the Central Government may, by notification in the
Official Gazette, specify.
(3) Such Tribunal shall consist of a Chairman and not more than
four other members appointed by the Central Government.
(4) A person shall not be qualified for appointment as the Chairman
of the Tribunal unless he is a retired Judge of a High Court, or is a
person who is qualified to be a Judge of
High Court.
(5) The Central Government may appoint such persons who, in its
opinion, are qualified to judge the effect of films on the public, to be
members of the Tribunal.
(6) The Chairman of the Tribunal shall receive such salary and
allowances as may be determined by the Central Government and the members
shall receive such allowances or fees as may be prescribed.
(7)
Subject
to such rules as may be made in this behalf, the Central Government may
appoint a Secretary and such other employees as it may think necessary for
the efficient performance of the functions of the Tribunal under this Act.
(8)
The
Secretary to, and other employees of, the Tribunal shall exercise such
powers and perform such duties as may be prescribed after consultation
with the Chairman of the Tribunal.
(9)
The
other terms and conditions of service of the Chairman and members of, and
the Secretary to, and other employees of, the Tribunal shall be such as
may be prescribed.
(10)
Subject to the provisions of this Act, the Tribunal may regulate its own
procedure.
(11)
The Tribunal may, after making such inquiry into the matter as it
considers necessary, and after giving the appellant and the Board an
opportunity of being heard in the matter, make such order in relation to a
film as it thinks fit and the Board shall dispose of the matter in
conformity with such order.
Suspension
and revocation of certificate.
5E.
(1) Notwithstanding anything contained in sub-section (2) of
section 6, the Central Government may, by notification in the Official
Gazette, suspend a certificate granted under this Part, for such period as
it thinks fit or may revoke such certificate if it is satisfied that -
(i)
the
film in respect of which the certificate was granted, was being exhibited
in a form other than the one in which it was certified; or
(ii)
the
film or any part thereof is being exhibited in contravention of the
provisions of this Part or the rules made thereunder.
(2) Where a notification under sub-section (1) has been published,
the Central Government may require the applicant for certificate or any
other person to whom the rights in the film have passed, or both, to
deliver up the certificate and all duplicate certificates, if any, granted
in respect of the film to the Board or to any person or authority
specified in the said notification.
(3) No action under this section shall be taken except after giving
an opportunity to the person concerned for representing his views in the
matter.
(4)
During the period in which a certificate remains suspended under this
section, the film shall be deemed to be an uncertified film.
Review
of orders by Central Government.
5F.
(1) Where an applicant for a certificate or any other person to whom the
rights in the film have passed, is aggrieved by any order of the Central
Government under section 5E, he may, within sixty days of the date of
publication of the notification in the Official Gazette, make an
application to the Central Government for review of the order, setting out
in such application the grounds on which he considers such review to be
necessary:
Provided
that the Central Government may, if it is satisfied that the applicant for
a certificate or that other person was prevented by sufficient cause from
filing an application for review within the aforesaid period of sixty
days, allow such application to be filed within a further period of sixty
days.
(2)
On
receipt of the application under sub-section (1), the Central Government
may, after giving the aggrieved 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, modifying or
reversing its decision and the Board shall dispose of the matter in
conformity with such order.]
Revisional
powers of the Central Government.
6.
(1) Notwithstanding anything
contained in this Part, the Centrral Government 1[may, of its own motion,
at any stage,] call for the record of any proceeding in relation to any
film which is pending before, or has been decided by, the Board, 2[or, as
the case may be, decided by the Tribunal (but not including any proceeding
in respect of any matterr which is pending before the Tribunal) and after
such inquiry, into the matter as it considers necessary, make such order
in relation thereto as it thinks fit, and the Board shall dispose of the
matter in conformity with such order:
1. Subs. by Act 49 of 1981, s.9, for “may at any stage” (w.e.f.
1.6.1983)
2.
Ins. by s. 9, ibid (w.e.f. 1.6.1983)
Provided that no such order shall be made prejudicially affecting
any person applying for a certificate or to whom a certificate has been
granted, as the case may be, except after giving him an opportunity for
representing his views in the matter:
4[Provided
further that nothing in this sub-section shall require the Central
Government to disclose any fact which it considers to be against public
interest to disclose.]
(2)
Without
prejudice to the powers conferred on it under sub-section (1), the Central
Government may, by notification in the Official Gazette, direct that -
(a)
a film which has been granted a certificate shall be deemed to be an
uncertified film in the whole or any part of India; or
(a)
a film
which has been granted a “U” certificate 1[ or a “UA” certificate or a “S” certificaate]
shall be deemed to be an uncertified film in the whole or any part of
India; or
(b)
a
film which has been granted a “U” certificate [or a “UA”
certificate or a “S” certificate] shall be deemed to be a film in
respect of which an “A” certificate has been granted; or
(c)
the
exhibition of any film be suspended for such period as may be specified in
the direction:
Provided
that no direction issued under clause [c] shall remain in force for more
than two months from the date of the notification.
(3)
No
action shall be taken under clause (a) or clause (b) of sub-section (2)
except after giving an opportunity to the person concerned for
representing his views in the matter.
(4)
During
the period in which a film remains suspended under clause (c ) of
sub-section (2), the film shall be deemed to be an uncertified film.
Information
and documents to be given to distributors and exhibitors with respect to
certified films
2[6A.
Any person who delivers any certified film to any distributor or
exhibitor shall, in such manner as may be prescribed, notify to the
distributor or exhibitor, as the case may be, the title, the length of the
film, the number and the nature of the certificate granted in respect
thereof and the conditions, if any, subject to which it has been so
granted, and any other particulars respecting the film which may be
prescribed.]
3 ****
1.
Ins. by Act 49 of 1981, s. 9, (w.e.f. 1.6.1983)
2. Ins. by
Act 19 of 1953, s. 3
3. Section
6B omitted by Act 56 of 1984, 2. (w.e.f. 27.8.1984)
4. Ins. by
s. 9, ibid (w.e.f. 1.6.1983)
Penalties for contraventions of
this Part.
7, 1[(1) If any
person -
(a)
exhibits
or permits to be exhibited in any place -
(i)
any
film other than a film which has been certified by the Board as suitable
for unrestricted public exhibition or for public exhibition restricted to
adults [or to members of any profession or any class of persons] and
which, when exhibited, displays the prescribed mark of the Board and has
not been altered or tampered with in any way since such mark was affixed
thereto,
(ii)
any
film, which has been certified by the Board as suitable for public
exhibition restricted to adults, to any person who is not an adult,2***
3(iia)
any film which has been certified by the Board as suitable for public
exhibition restricted to any profession or class of persons, to a person
who is not a member of such profession or who is not a member of such
class, or]
(b)
without
lawful authority (the burden of proving which shall be on him), alters or
tampers with in any way any film after it has been certified, or
(c)
fails
to comply with the provision contained in section 6A or with any order
made by the Central Government or by the Board in the exercise of any of
the powers or functions conferred on it by this Act or the rules made
thereunder,
4 [he shall
be punishable with imprisonment for a term which may extend to three
years, or with fine which may extend to one lakh rupees, or with both, and
in the case of a continuing offence with a further fine which may extend
to twenty thousand rupees for each day during which the offence continues:
Provided
that a person who exhibits or permits to be exhibited in any place a video
film in contravention of the provisions of sub-clause (i) of clause (a)
shall be punishable with imprisonment for a term which shall not be less
than three months, but which may extend to three years and with fine which
shall not be less than twenty thousand rupees, but which may extend to one
lakh rupees, and in the case of a continuing offence with a further fine
which may extend to twenty thousand rupees for each day during which the
offence continues:
Provided
further that a court may, for adequate and special reasons to be mentioned
in the judgement, impose a sentence of imprisonment for a term of less
than three months, or a fine of less than twenty thousand rupees:
1.
Subs. by s. 4, ibid for the former sub-section (I)
2. The word
“or” omitted by s. 11 ibid (w.e.f. 1.6.1983)
3. Ins by
s. aa, ibid (w.e.f. 1.6.1983)
4. Subs. by
Act 56 of 1984, s. 3 for certain words (w.e.f. 27.8.1984)
2 of 1974
1[Provided
further that notwithstanding anything contained in section 29 of the Code
of Criminal Procedure, 1973, it shall 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 exceeding five thousand rupees on any person convicted of any offence
punishable under this Part:
2[Provided
also] that no distributor or exhibitor or owner or employee of a cinema
house shall be liable to punishment, for contravention of any condition of
endorsement of caution on a film certified as “UA” under this Part.]
(2)
If
any person is convicted of an offence punishable under this section
committed by him in respect of any film, the convicting court may further
direct that the film shall be forfeited to the Government.
(3)
The
exhibition of a film, in respect of which an “A” certificate 3[or
a “S” certificate or a “UA” certificate] has been granted, to
children below the age of three years accompanying their parents or
guardians shall not be deemed to be an offence
within the meaning of this section.
Power
of seizure.
4[7A.
(1) Where a film in
respect of which no certificate has been granted under this Act is
exhibited, or a film certified as suitable for public exhibition
restricted to adults is exhibited to any person who is not an adult or a
film is exhibited in contravention of any of the other provisions
contained in this Act or of any order made by the Central Government 5[the Tribunal] or the Board in the exercise of any of
the powers conferred on it, any police officer may 6*** enter any place in which he has reason to believe
that the film has been or is being or is likely to be exhibited, search it
and seize the film.
1.
Subs. by s. 3(c) ibid (w.e.f. 27.8.1984)
2. Subs. by
s. 3(c) ibid (w.e.f. 27.8.1984)
3.
Ins. by Act 49 of 1981, s. 11 (w.e.f. 1.6.1983)
4. Ins. by
Act 3 of 1959, s. 5
5. Ins. by
Act 49 of 1981, s. 12 (w.e.f. 1.6.1983)
6. Certain
words omitted by s. 12, ibid (w.e.f. 1.6.1983)
2 of 1974.
(2)
All
searches under this Act shall be carried out in accordance with the
provision of the 1[Code
of Criminal Procedure, 1973], relating to searches.
Delegation
of powers by Board.
7B. 2[(1)]
The Central Government may, by generral or special order, direct
that any power, authority or jurisdiction exercisable by the Board under
this Act shall 3[in
relation to the certification of the films under this Part] and subject to
such conditions, if any, as may be specified in the order, be exercisable
also by the Chairman or any other member of the Board, and anything done
or action taken by the Chairman or other member specified in the order
shall be deemed to be a thing done or action taken by the Board.
4 [(2) The Central Government may by order and subject to
such conditions and restrictions as may be prescribed, authorise the
regional officers to issue provisional certificates.]
Power
to direct exhibition of films for examination.
7C. For the purpose of
exercising any of the powers conferred on it by this Act, the Central
Government 5[the
Tribunal] or the Board may require any film to be exhibited before it or
before 6[any person
or authority] specified by it in this behalf.
Vacancies,
etc., not to invalidate proceeding.
7D. No act or
proceeding of 7[the
Tribunal] the Board or of any advisory panel shall be deemed to be invalid
by reason only of a vacancy in, or any defect in, the constitution of [the
Tribunal], the Board or panel, as the case may be.
Members
of the Board and advisory panels to be public servants.
7E. All members of
8[the
Tribunal] the Board and of any advisory panel shall, when acting or
purporting to act in pursuance of any of the provisions of this Act, be
deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
1.
Sub. by s. 12 ibid., for “Code of Criminal Procedure, 1998” (w.e.f.
1.6.1983).
2
Renumbered as sub-section (1) by 13, ibid (w.e.f 1.6.1983)
3 Subs. by
s. 13 ibid., for “in relation to such matters” (w.e.f. 1.6.1983)
4. Ins.by
s. 13, ibid (w.e.f. 1.6.1983)
5 Ins by s.
14, ibid (w.e.f. 1.6.1983)
6 Subs. by
s. 14, ibid for “any person” (w.e.f. 1.6.1983)
7 Ins by s.
15, ibid (w.e.f 1.6.1983)
8 Ins. by
s. 16, ibid (w.e.f. 1.6.1983)
Bar of legal proceedings.
7F. No suit or other
legal proceedings shall lie against 1[the
Central Government, the Tribunal, the Board], advisory panel or any
officer or member of [the Central Government, the Tribunal, the Board or]
advisory panel, as the case may be, in respect of anything which is in
good faith done or intended to be done under this Act.]
Power
to make rules.
8.
(1)
The Central Government may, by notification in the Official
Gazette, make rules for the purpose of carrying into effect the provision
of this Part.
2[(2)
In particular, and without prejudice to the generality of the foregoing
power, rules made under this section may provide for-
(a) the allowances or fees payable to the members of the Board;
(b) the terms and conditions of service of the members of the
Board;
(c) the manner of making an application to the Board for a
certificate and the manner in which a film has to be examined by the Board
and the fees to be levied therfor;
(d) the association of regional officers in the examination of
films, the conditions and restrictions subject to which regional officers
may be authorised under section 7B to issue provisional certificates and
the period of validity of such certificates;
(e) the manner in which the Board may consult any advisory panel in
respect of any film;
(f) the allowances or fees payable to the members of advisory
panel;
(g) the marking of the films;
(a)
the
allowances or fees payable to the members of the Tribunal;
(b)
the
powers and duties of the Secretary to, and other employees of, the
Tribunal;
(c)
the
other terms and conditions of service of the Chairman and members of, and
the Secretary to, and other employees of, the Tribunal;
(d)
the
fees payable by the appellant to the Tribunal in respect of an appeal;
(e)
the
conditions (including conditions relating to the length of films in
general or any class of films, in particular) subject to which any
certificate may be granted, or the circumstances in which any certificate
shall be refused;
(f)
any
other matter which is required to be or may be prescribed.]
1
Subs. by s. 17, ibid, for “the Central Govt. the Board” (w.e.f.
1.6.1983)
2 Subs. by
s. 18, ibid, for the sub-section (2) (w.e.f. 1.6.1983)
1[(3)
Every rule made by the Central Government under this Part shall be
laid, as soon as may be after it is made, before each house of Parliament,
while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modifications in the rule or both Houses agree 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 be
without prejudice to the validity of anything previously done under that
rule.]
Power
to exempt.
9.
The
Central Government may, by order in writing exempt, 2 subject to such conditions and restrictions, if any, as
it may impose, the exhibition of any film or class of films from any of
the provisions of this Part or of any rules made thereunder.
PART
III
REGULATION OF EXHIBITION BY MEANS OF
CINEMATOGRAPHS
Cinematograph
exhibitions to be licensed.
10.
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 compliance with any conditions and
restrictions imposed by such licence.
Licensing
authority.
11.
The authority having power to grant licences under this Part (hereinafter
referred to as the licensing authority) shall be the district magistrate:
Provided
that the State Government may, by notification in the Official Gazette,
constitute, for the whole or any part of a 3[Union
territory], such other authority as it may specify in the notification to
be the licensing authority for the purposes of this Part.
1
Subs. by Act 25 of 1973, s. 4, for the former sub-section
2
For such general exemption see Gazette of India, 1952, Pt. II, sec. 3 pp.
1578-1581
3 Subs.
by Act 58 of 1960, s. 3 and sec. II, fro “Part C State”.
Restrictions
on powers of licensing authority.
12.
(1) The licensing authority
shall not grant a license under this Part, unless it is satisfied that -
(a) the rules made under this Part 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) Subject to the foregoing provisions of this section and to the
control of the State Government, the licensing authority may grant
licences under this Part to such persons as that authority thinks fit and
on such terms and conditions and subject to such restrictions as it may
determine.
(3) Any person aggrieved by the decision of a licensing authority
refusing to grant a licence under this Part may, within such time as may
be prescribed, appeal to the State Government or to such officer as the
State Government may specify in this behalf and the State Government or
the officer, as the case may be, may make such order in the case as it or
he thinks fit.
(4)
The Central 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 film 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.
Power
of Central Government or local authority to suspend exhibition of films in
certain cases.
13.(1)
The Lieutenant-Governor or, as the case may be, the Chief
Commissioner, in respect of the 1[whole or any part of a Union territory]
and the district magistrate in respect of the district within his
jurisdiction, may, if he is of opinion that any film which is being
publicly exhibited is likely to cause a breach of the peace, by order,
suspend the exhibition of the film and during such suspension the film
shall be deemed to be an uncertified film in the state, part or district,
as the case may be.
(2)
Where
an order under sub-section (1) has been issued by the Chief Commissioner
or a district magistrate, as the case may be, a copy thereof, together
with a statement of reasons therefore, shall forthwith be forwarded by the
person making the same to the Central Government, and the Central
Government may either confirm or discharge the order.
1 Subs. by Act 58 of 1960, s. 3
and sec. II for “whole Part C State of any part thereof”.
An
order made under this section shall remain in force for a period of two
months from the date thereof, but the Central Government may, if it is of
opinion that the order should continue in force, direct that the period of
suspension shall be extended by such further period as it thinks fit.
Penalties
for contravention of this Part.
14.
If the owner or person in charge of a cinematograph uses the same or
allows it to be used, or if the owner or occupier of any place permits
that place to be used in contravention of the provisions of this Part or
of the rules made thereunder, or of the conditions and restrictions upon
or subject to which any licence has been granted under this Part, he shall
be punishable with fine which may extend to one thousand rupees and, in
the case of a continuing offence, with a further fine which may extend to
one hundred rupees for each day during which the offence continues.
Power
to revoke licence.
15.
Where the holder of a licence has been convicted of an offence under
section 7 or section 14, the licence may be revoked by the licensing
authority.
Power
to make rules.
16.
1[(1)]
The Central Government may, by notification in the Official
Gazette, make rules -
(a) prescribing the terms, conditions and restrictions, if any,
subject to which licences may be granted under this Part;
(b) providing for the regulation of cinematograph exhibitions for
securing the public safety;
(c) prescribing the time within which and the conditions subject to
which an appeal under sub-section (3) of section 12 may be preferred.
2[(2)
Every rule made by the Central Government under this Part shall be laid,
as soon as may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the
rule or both Houses agree 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 be without prejudice to the
validity of anything previously done under that rule.]
1
Renumbered as sub-section (i) by Act 49 of 1981, s. 19 (w.e.f. 1.6.1983).
2 Ins by
Act 49 of 1981, s. 19 (w.e.f 1.6.1983)
Power to exempt.
17.
The Central Government may by order in writing exempt, 1 subject to such conditions and restrictions as it may
impose, any cinematograph exhibition or class of cinematograph exhibitions
from any of the provisions of this Part or of any rules made thereunder.
PART
IV
REPEAL
Repeal.
2
of 1918
18.
The Cinematograph Act, 1918 is hereby repealed:
Provided
that in relation to Part A States and Part B States the repeal shall have
effect only in so far as the said Act relates to the sanctioning of
cinematograph films for exhibition.
1
For such General
exemptions, see Gazette of India, 1954, Pt. II sec. 3, p. 240, Gazette of
India, 1955, pt II. 3, p. 310
&