F.NO.808/5/2004-F(C)(Pt)

GOVERNMENT OF INDIA

MINISTRY OF INFORMATION AND BROADCASTING

A Wing Shastri Bhavan, New Delhi-110 001.

OFFICE MEMORANDUM

Subject: Policy for certification of films for film festivals.

Dated: 17th January, 2006

In accordance with Section 9 of the Cinematograph Act, 1952, the Central Government may, by order in writing exempt, subject to such conditions and restrictions, if any, as it may impose, the exhibition of any film or class of film from any of the provisions or any rules made thereunder. The Ministry of Information and Broadcasting has been receiving requests from various festival authorities for according exemption from the process of certification for films for exhibition in their festivals. A need was felt for framing a concrete policy drawing up detailed guidelines on the issue. Accordingly, a broad based Committee was constituted comprising film-makers, academicians, etc. to recommend a policy framework to the Government on the matter.

2. After detailed deliberations, the Committee submitted its report to the Government on 16.11.2005 with certain recommendations which have since been accepted. The following guidelines are notified with immediate effect:

(i) In those festivals which are non-commercial in nature and viewership is confined to delegates (definition of delegates would include filmmakers, media students, critics, film theorists, film lovers and all those associated with the production and business of film and members of the press duly registered with the festival authorities as well as its jury), the Government would grant exemption for both Indian and foreign films. However, the exemption would be subject to fulfillment of the conditions prescribed in para 3 below.

(ii) The request for exemption from the process of certification will be disposed of within 15 days from the date of receipt of the proposal complete in all respects from the Director of the Festival.

(iii) In exceptional cases, the Ministry of I&B will have the powers to reject, for reasons to be recorded in writing, the request for exemption to any film(s) if, in its opinion, it would impinge on the security or integrity of the country or affect law and order or affect relations with other countries.

(iv) In case of rejection, the Director of the Festival shall have the option to appeal to the next higher authority in the Ministry of I&B i.e., the Additional Secretary/Secretary, as the case may be, who shall dispose of the appeal within 15 days from the date of receipt in the Ministry.

3. In order to consider the request for exemption from the process of certification for films to be screened in festivals, the following documents shall be sent by the Director of the Festival addressed to Joint Secretary (Films) along with the request for exemption:

(i) List of films to be screened in the festival.

(ii) Synopsis of each of the films.

(iii) Composition of the Preview Committee, which should comprise persons who are related to the film industry or are critics/writers connected with film

(iv) Report of the Preview Committee certifying that the films have been recommended for exhibition at the festival

(v) Certificate from the Director of the Festival to the effect that the screening of such films would be limited to delegates (definition of delegates would include film-makers, media students, critics, film theorists, film lovers and all those associated with the production and business of film and members of the press duly registered with the festival authorities as well as its jury. )

(vi) Certificate from the Director of the Festival to the effect that the festival is non-commercial in nature.

4. The above mentioned guidelines may also be accessed through this Ministry’s website www.mib.nic.in www.nic.in

(VISHVAJIT SAHAY)
DIRECTOR (FILMS)

TELE:2338 65 36