Category Archives: MEDIA

TOP PRINT MEDIA COMPANIES IN INDIA

Hindu Law
  1. ANANDA BAZAR PATRIKA LTD. (ABP LTD.)
  2. INDIAN EXPRESS GROUP
  3. BENNETT COLEMAN & CO. LTD. (TIMES GROUP)
  4. INDIA TODAY GROUP (LIVING MEDIA PVT. LTD.)  HT MEDIA LTD.
  5.  HINDU GROUP

Major Indian Magazines

Magazine Publishing House
A & M Spectrum Magazines
Business World Ananda Bazar Patrika
The Week Malayala Manorama
Business Today Living Media
Computers Today Living Media
Cosmopolitan Living Media
Digit Jassubhai Digital Media
Economic & Political Weekly Sameeksha Trust
Femina Bennett Coleman & Co.
Filmfare Bennett Coleman & Co.
Fortune (Indian Edition) Living Media
Frontline Hindu Group
Gentleman Express Publications
Good Housekeeping Living Media
India Today Living Media
Intelligent Investor Berkshire Hathaway
Kadambini HT Media Ltd.
Nandan HT Media Ltd.
Outlook Rajan Raheja group
Reader’s Digest (Indian Edition) Living Media
The Sportstar Hindu Group
Teens Today Living Media
Yojana Ministry of I&B

Major Indian Newspapers

Newspaper Publishing House
Asian Age Asian Age Holdings
Business Standard Business Standard Ltd.
Financial Express RPG promoted Indian Express Group
Hindu Business Line Hindu Group
Hindustan Times K K Birla promoted HT Media Ltd.
Indian Express RPG promoted Indian Express Group
Navbharat Times Bennett Coleman & Co.
Pioneer CMYK Printech
Telegraph Ananda Bazar Patrika
The Hindu Hindu Group
The Economic Times Bennett Coleman & Co.
The Times of India Bennett Coleman & Co.
Tribune Tribune Trust

Top Media Companies in America

1. NBC/Universal, with an annual revenue around 160 billion, owns all the NBC stations, CNBC, MSNBC, numerous cable channels including USA networks, Bravo, E!, the Weather Channel, and the movie studio Universal Pictures. As of 2013, the biggest cable operator in the US Comcast owns 51% of the company, while another corporate giant, General Electric (GE) owns the other 49%.

2.The Walt Disney Company, with an annual revenues around $ 37 billion, owns ABC, cable channels such as ESPN, the Disney Channel, A&E, and Lifetime, movie production companies like Walt Disney Pictures, Touchstone Pictures, and Pixar Animation Studios, which has yet to produce an unsuccessful animated feature.

3.News Corporation, with an annual revenue of 30 billion dollars, owns FOX TV network, cable channels including F/X, Fox New Network, Fox Business Network, National Geographic, two major newspapers-Wall Street Journal and the New York Post, and movie production companies including Twenty Century Fox and Fox Searchlight Pictures.

4.Time Warner, with an annual revenues of 26 billion dollars, owns cable channels such as CNN, HBO, Cartoon Network, TNT, TBS, movie studio and production companies including Warner Bros. Pictures, Castle Rock Pictures, New Line Cinema, and more than 150 magazines including Tim, Sports Illustrated, Fortune, People, and Entertainment Weekly.

5.Viacom, with an annual revenue of 14 billion dollars, owns MTV, Nickelodeon, Comedy Central, Paramount Pictures, and Viacom18, which is a joint venture with the Indian media company Global Broadcast News. 6.CBS Corporation, with an annual revenue of 13 billion dollars, owns CBS, CW, Showtime, and the major book publisher Simon & Schuster. CBS is now the leading supplier of video to Google’s new Video Marketplace.

6. Rupert Murdoch’s New Corporation, which runs Fox New Network, the Wall Street Journal, and the New York Post.

 

 

 

 

 

 

 

 

VIACOM 18 MEDIA PRIVATE LIMITED & ORS. Petitioner(s) VS UNION OF INDIA & ORS. Respondent(s)[SC 2018 JANUARY]

KEYWORD :- PADMABAT MOVIE-

Capture

Date : 18-01-2018-

we direct there shall be stay of operation of the notifications and orders issued by the respondent-States and we also restrain the other States to issue notifications/orders in any manner prohibiting the exhibition and we are sure, the concerned State authorities shall keep paragraph 27 of the judgment in the case of Prakash Jha (supra) in mind which clearly lays down that it is the paramount obligation of the State to maintain law and order.”

W.P.(C)No.36/18
REPORTABLE
ITEM NO.2 COURT NO.1 SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).36/2018

VIACOM 18 MEDIA PRIVATE LIMITED & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s)

(IA No.8397/2018-STAY APPLICATION and IA No.8399/2018-EXEMPTION FROM FILING O.T.)

Date : 18-01-2018

This petition was called on for hearing today.

CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE A.M. KHANWILKAR
HON’BLE DR. JUSTICE D.Y. CHANDRACHUD

For Petitioner(s)

Mr. H.N. Salve, Sr. Adv.
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ameet Naik, Adv.
Mr. Akshay Patil, Adv.
Mr. Vivek Jain, Adv.
Ms. Devika Mohan, Adv.
Mr. Nishant Rao, Adv.
Mr. Rajesh Kumar, Adv.
Mr. E. C. Agrawala, Adv. [AOR]

For Respondent(s)

Mr. Tushar Mehta, ASG
Mr. Shiv Mangal Sharma, AAG
Mr. Saurabh Rajpal, Adv.
Mr. S.S. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Sandeep Singh, Adv.
Mr. Ankit Raj, Adv.
Ms. Indira Bhakar, Adv.
Ms. Ruchi Kohli, Adv. [AOR]
Mr. Tushar Mehta, ASG
Mrs. Hemantika Wahi, Adv. [AOR]
Ms. Shodhika Sharma, Adv.

W.P.(C)No.36/18
Mr. Anil Grover, AAG
Mr. Ajay Bansal, AAG
Mr. Satish Kumar, Adv.
Mr. Shivam Kumar, Adv.
Mr. Smt. Veena Bansal, Adv.
Mr. Gaurav Yadav, Adv.
Mr. Sanjay Kr. Visen, Adv. [AOR]
Mr. R. Balasubramanian, Adv.
Ms. Aarti Sharma, Adv.
Mr. Akshay Amritanshu, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Heard Mr. Harish Salve, learned senior counsel and Mr. Mukul Rohatgi, learned senior counsel for the petitioners.

2. Issue notice.

3. As Mr. Tushar Mehta, learned Additional Solicitor General for the States of Gujarat and Rajasthan and Mr. Anil Grover, learned counsel for the State of Haryana have entered appearance on caveat, no further notice need be issued to them.

4. Issue notice to other respondents fixing a returnable date within four weeks.

5. The present writ petition fundamentally assails the notification/order, issued by the two States, viz., State of Gujarat and State of Rajasthan, on 13.01.2018 and 17.01.2018 respectively prohibiting the exhibition of the film, namely, ‘Padmaavat’.

6. Be it noted, though the notification issued by the Government of Gujarat has been brought on record, we have been handed over a copy of the order issued by the Government of Rajasthan. Mr. Anil Grover, learned counsel appearing for State of Haryana has stated, the State has, on principle, taken a decision not to exhibit the film in cinema halls though the said decision has not yet culminated in a formal order.

7. It has been submitted by Mr. Harish Salve and Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioners that the Central Board of Film Certification (CBFC) has issued a Certificate under the Cinematograph Act, 1952 (for brevity ‘the Act’) after constituting an Expert Committee which had seen the movie, critically examined it and suggested few excisions which have been carried out. That apart, it is urged by them that the CBFC had directed the producer to file two disclaimers which he had filed.

8. The relevant part of the Certificate issued by the CBFC reads as follows:

“After examination of the film by the members of the Examining Committee mentioned below and on the recommendation of the said Examining Committee, the Board hereby certifies that the film is fit for public  exhibition with an endorsement of caution that the
question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, and also subject to excision and modification listed in part II on the reverse:

1. ARCHANA VINEET GORE
2. KALAYANI DESHPANDE
3. NUTAN JAGDISH SAGAR
4. HARESH J WADHWANI
5. DEEPAK RAMAKANT TANDEL (E.O.)

Further certified that the excisions and modifications imposed by the Board have actually been carried out.”

9. On a perusal of the Certificate it is quite clear that it has been given U/A Certificate. The notification issued on behalf of State of Gujarat by the Joint Secretary to Government is as follows:

“No.(GHT/2018/(1)MIS/102017/229/A: WHEREAS the Government of Gujarat considers it necessary to do so in the public interest and to maintain the law and order situation in the State of Gujarat.
Now, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 6 of the Gujarat Cinemas   (Regulation) Act, 2004 (Guj. 21 of 2004) (hereinafter referred to as ‘the Act’), the Government of Gujarat hereby imposes the ban on Hindi feature film  Padmavat’ produced by Viacom18 Motion Pictures and Bhansali        Productions Pvt. Ltd., within the jurisdiction of the State of Gujarat.

(1) This ban on exhibition of the film shall come into effect from the date of publication of this notification.
(2) No cinema owners or distributors shall exhibit the said movie in any Cinemas/Multiplexes/Video Cinema/Touring Cinema etc., within the jurisdiction of the State of Gujarat.

By order and in the name of the Governor of Gujarat.

Sd/-
(K.L. Patel)
Joint Secretary to Government”

10. The State of Rajasthan has issued an order which is to the following effect:
“GOVERNMENT OF RAJASTHAN HOME(GR.6) DEPARTMENT F.14(3)Home-6/2013 Part Dated :17th January, 2018

ORDER
WHEREAS the Government of Rajasthan considers it necessary so to do in public interest and to maintain the law and order situation in the State of Rajasthan.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 7 of the Rajasthan Cinemas (Regulation) Act, 1952 (Act No.XXX of 1952) (hereinafter referred to as ‘the Act’), the Government of Rajasthan hereby imposes ban on the exhibition of Hindi feature film ‘Padmavat’ (earlier named ‘Padmavati’) produced by Viacom 18 Motion Pictures and Bhansali Productions Pvt. Ltd., within the jurisdiction of the State of Rajasthan.

(1) This ban on exhibition of the film shall come into effect from the date of publication of this order.
(2) No cinema owner or distributor shall exhibit the said movie in any Cinema/Multiplex/Video Cinema/Touring Cinema etc., within the jurisdiction of the State of Rajasthan.

By order and in the name of Governor.
(Paramjeet Kaur)
Senior Deputy Secretary”

11. Disclaimer Nos.1 and 2 are to the following effect :
“Disclaimer -I
The Film ‘Padmaavat’ is inspired from the epic poem Padmavat, written by Malik Muhammad Jayasi, which is considered a work of fiction. This Film does not infer or claim historical authenticity or accuracy in terms of the names of the places, characters, sequence of events, locations, spoken languages, dance forms, costumes and/or such other details. We do not intend to disrespect, impair or disparage the beliefs, feelings, sentiments of any person(s), community(ies) and their culture(s), custom(s), practice(s) and tradition(s).

Disclaimer-II
This Film does not intend to encourage or support ‘Sati’ or such other practices.”

12. It has been submitted by learned senior counsel appearing for the petitioners that the States could not have prohibited exhibition of the film in cinema halls in view of the two-Judge Bench judgment in the case of Prakash Jha Productions & Anr. v. Union of India & Ors. (2011) 8 SCC 372. They have drawn our attention to paragraphs 17, 18, 19, 20 and 27 thereof. The said paragraphs read as follows:

“17. Before dealing with the said contentions, we would like to deal with the provision of the Act on the basis of which the aforesaid decision is taken. There is no dispute that the impugned decision is taken in the purported exercise of power under Section 6 of the
Act. A bare perusal of the aforesaid provision in Section 6 of the Act would make it crystal clear that the power vested therein could be exercised by the State under the said provision when a film which is being publicly exhibited could likely cause a breach
of peace. Only in such circumstance and event, an order could be passed suspending the exhibition of film.

18. The expression “being publicly exhibited” and the word “suspension” are relevant for our purpose and, therefore, we are giving emphasis on the aforesaid expression and the word. When it is said that a film is being publicly exhibited, it definitely presupposes
a meaning that the film is being exhibited for public and in doing so if it is found likely to cause breach of peace then in that event such a power could be exercised by the State Government. Such an extraordinary power cannot be exercised with regard to
a film which is yet to be exhibited openly and publicly in a particular State. This view that we have taken is also fortified from the use of the word “suspension” in the said section.

19. The word “suspension” envisages something functional or something which is being shown or is running. Suspension is always a temporary phase, which gets obliterated as and when the previous position is restored. Therefore, the power as vested under Section
6 of the Act could not have been exercised by the State of Uttar Pradesh in view of the fact that the said film was not being exhibited publicly in the theatre halls in U.P. Consequently, at this stage, when the film is not screened or exhibited in the theatre halls publicly and for public viewing, neither an opinion could be formed nor could any decision be taken that there is a likelihood of breach of peace by exercising power purported to be under Section 6 of the Act.

20. The counsel appearing for the State has also submitted that in fact the film already is being exhibited in the State of Uttar Pradesh as a High-Level   Committee has seen the film. We cannot accept the aforesaid position as the expression specifically uses the words “publicly exhibited” meaning thereby that it is being exhibited all over and publicly for public viewing in the State.
… … …
27. It is for the State to maintain law and order situation in the State and, therefore, the State shall maintain it effectively and potentially. Once the Board has cleared the film for public viewing, screening of the same cannot be prohibited in the manner as sought to be done by the State in the present case. As held in K.M.Shankarappa it is the responsibility of the State Government to maintain law and order.”

It is urged by them, once a Certificate has been issued by the CBFC, the States cannot issue notifications or orders prohibiting exhibition of film in theatres. On the contrary, as has been stated in paragraph 27 of the judgment in Prakash Jha (supra), it is obligatory on the part of the State to maintain the law and

order situation effectively because it is the responsibility of the State to maintain law and order as has been laid down in the case of Union of India v. K.M. Shankarappa (2001) 1 SCC 582.

13. Learned senior counsel would further argue that Section 5A of the Act deals with ‘Certification of films’ and CBFC exercises the
statutory power. Sub-section (3) covers many an area. Sub-section
(3) of the said Section reads thus :

“5A. Certification of films. –
(1) … …
(2) … …
(3) 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.”
It is contended by Mr. Salve and Mr. Rohatgi that the Act is a
parliamentary legislation and the CBFC has been constituted under
the said Act and once the CBFC exercises the power and suggests
certain excisions and the producers without appealing against the
said directions, accept the same and certificate is issued, the
States, taking recourse to law and order, cannot prohibit the film
from being exhibited. It is also contended by them, the term
‘being publicly exhibited’ as has been interpreted in the case of
Prakash Jha (supra) has to be appositely understood by the
authorities. Learned senior counsel would contend that the freedom
of speech and expression and the creative potentiality through any
medium including the medium of celluloid cannot be curtailed in
this manner.

  1. Mr. Tushar Mehta, learned Additional Solicitor General would submit that the grant of Certificate by the CBFC cannot denude the the State of the power to prohibit the exhibition of a film. He has drawn our attention to Section 5B of the Act which is as follows:

“5B. Principles for guidance in certifying films.-(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 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.”
That apart, he has also drawn our attention to Section 7 of
the Rajasthan Cinemas (Regulation) Act, 1952 which reads as
follows:
“7. Power to suspend exhibition of films in certain
cases – (1) The State Government in respect of the
whole or any part of the State of Rajasthan and the
District Magistrate in respect of the district within
his jurisdiction may, if it or he is of opinion that
any film which is being publicly exhibited is likely
to cause breach of the peace by order suspend the
exhibition of such film and during such suspension,
the film shall be deemed to be an uncertified film in
such whole, part or district of the State of
Rajasthan.
(2) Where an order under sub-section (1) has been
issued by a District Magistrate, a copy thereof
together with a statement of reason therefor, shall
forthwith be forwarded to the State Government and the
State Government may on a consideration of all the

facts of the case confirm, modify or cancel the order.

(3) An order made under this section shall remain in force for a period of two months from the date thereof but the State 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 if it thinks fit.”

It is also further urged by him that the CBFC is not in a position to take all aspects into consideration as it does not have the inputs regarding the law and order situation in the concerned States.

15. For the present, we are considering the prayer for grant of interim relief, i.e., whether the notifications/orders prohibiting the exhibition of the film should be stayed or not. The creative content is an insegregable aspect of Article 19(1) of the Constitution. Needless to emphasise, this right is not absolute.  There can be regulatory measures. Regulatory measures are reflectible from the language employed under Section 5B of the Act and the guidelines issued by the Central Government. Once the parliamentary legislation confers the responsibility and the power on a statutory Board and the Board grants certification, non-exhibition of the film by the States would be contrary to the statutory provisions and infringe the fundamental right of the petitioners. That apart, as we understand at present from paragraph 27 of the judgment in the case of Prakash Jha (supra), it is the duty and obligation of the State to maintain law and order in the State. We may also note here with profit that the guidelines are to be kept in mind by CBFC. For the sake of completeness, we reproduce the relevant part of the guidelines :

“2. In pursuance of the above objectives, the Board of Film Certification shall ensure that-
… … …
(vii) human sensibilities are not offended by
vulgarity, obscenity or depravity;
… … …
(ix) scenes degrading or denigrating women in any
manner are not presented;
… … …
(xii) visuals or words contemptuous of racial,
religious or other groups are not presented;
(xiii) visuals or words which promote communal,
obscurantist, anti-scientific and anti-national
attitudes are not presented;
… … …
(xvii) public order is not endangered;”
It has to be borne in mind, expression of an idea by any one
through the medium of cinema which is a public medium has its own
status under the Constitution and the Statute. There is a Censor
Board under the Act which allows grant of certificate for screening
of the movies. As we scan the language of the Act and the
guidelines framed thereunder it prohibits use and presentation of
visuals or words contemptuous of racial, religious or other groups.
Be that as it may. As advised at present once the Certificate has
been issued, there is prima facie a presumption that the concerned
authority has taken into account all the guidelines including
public order.

16. Mr. Mehta would urge that grant of an interim order would tantamount to final expression of an opinion on the merits of the case. We do not think so. If a substantial ground is established in law by the States, there may be a different perception, for we are passing an interim order, considering the prima facie case and having due regard to the fundamental conception of right of freedom of speech and expression.

17. In this regard we may reproduce a passage from an order of this Court in the case of Nachiketa Walhekar v. Central Board of Film Certification & Anr. passed on 16.11.2017 in W.P.(C)No.1119 of 2017:

“Be it noted, a film or a drama or a novel or a book is a creation of art. An artist has his own freedom to express himself in a manner which is not prohibited
in law and such prohibitions are not read by implication to crucify the rights of expressive mind.
The human history records that there are many authors who express their thoughts according to the choice of their words, phrases, expressions and also create
characters who may look absolutely different than an ordinary man would conceive of. A thought provoking film should never mean that it has to be didactic or
in any way puritanical. It can be expressive and provoking the conscious or the sub-conscious thoughts of the viewer. If there has to be any limitation,
that has to be as per the prescription in law.”

In view of the aforesaid, we direct there shall be stay of operation of the notifications and orders issued by the respondent-States and we also restrain the other States to issue notifications/orders in any manner prohibiting the exhibition and we are sure, the concerned State authorities shall keep paragraph 27 of the judgment in the case of Prakash Jha (supra) in mind which clearly lays down that it is the paramount obligation of the State to maintain law and order. It should always be remembered that if intellectual prowess and natural or cultivated power of creation is interfered without the permissible facet of law, the concept of creativity paves the path of extinction; and when creativity dies, values of civilization corrode.

Keeping in view the fact situation, we have no hesitation in stating by way of repetition and without any fear of contradiction that it is the duty of the State to sustain the law and order situation whenever the film is exhibited, which would also include providing police protection to the persons who are involved in the film / in the exhibition of the film and the audience watching the film, whenever sought for or necessary.

Let the matter be listed on 26th March 2018 for final disposal.

Pleadings shall be completed in the meantime.

(Subhash Chander)                                               (H.S. Parasher)
AR-cum-PS                                                            Assistant Registrar

THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

Food Laws

1. Interpretation-clause.—

1 [ (1) ] In this Act, unless there shall be something repugnant in the subject or context,—

“Book” includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed 2 [***]; 3 [***]

4[“editor” means the person who controls the selection of the matter that is published in a newspaper;] 5[***] 8[***]”

“Magistrate” means any person exercising the full powers of a 6Magistrate, and includes a 4 Magistrate of police 5 [***];

6 [“newspaper” means any printed periodical work containing public news or comments on public news;] 7 [***]

8 [“paper” means any document, including a newspaper, other than a book; “prescribed” means prescribed by rules made by the Central Government under section 20A;

“Press Registrar” means the Registrar of newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar;

“printing” includes cyclostyling and printing by lithography;

“Register” means the Register of newspapers maintained under section 19B.]

9 [(2) Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law in force in that State.]

2. Repeal of Act 11 of 1835.—[Rep. by the Repealing Act, 1870 (14 of 1870), sec. 1 and Sch., Pt. II.]

3. Particulars to be printed on books and papers.—Every book or paper printed within 10 [India] shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published) 11 [the name] of the publisher, and the place of publication.

4. Keeper of printing press to make declaration.—

12 [ (1) ] No person shall within 13 [India], keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before 2[the District, Presidency or Sub-divisional Magistrate] within whose local jurisdiction such press may be: “I, A.B., declare that I have a press for printing at—”. And this last blank shall be filled up with a true and precise description of the place where such press may be situate.

14 [(2) ] As often as the place where a press is kept is changed, a new declaration shall be necessary: Provided that where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the Magistrate referred to in sub-section (1), no new declaration shall be necessary if—

(a) a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof; and
(b) the keeper of the press continues to be the same.]

5. Rules as to publication of newspapers.—No 15 [newspaper] shall be published in 16 [India], except in conformity with the rules hereinafter laid down:

17 [(1) Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.]

18 [(2) ] The printer and the publisher of every such 19 [newspaper] shall appear 15 [in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published 20 [***] and shall make and subscribe, in duplicate, the following declaration:

“I A.B., declare that I am the printer (or publisher, or printer and publisher) of the 19 [newspaper] entitled— 21 [and to be printed or published, or to be printed and published], as the case may be at—”. And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.

22 [(2A) Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed.]

23 [(2B) Where the printer or publisher of a newspaper making a declaration under rule (2) is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declaration.
(2C) A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be necessary before the newspaper can be published.
(2D) Where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(2E) As often as the ownership of a newspaper is changed, a new declaration shall be necessary.]

24 [(3) ] As often as the place of printing or publication is changed, a new declaration shall be necessary: 22 [Provided that where the change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of the Magistrate referred to in rule (2), no new declaration shall be necessary if—
(a) a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof; and
(b) the printer or publisher or the printer and publisher of the newspaper continues to be the same.]

25 [(4) ] As often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave India for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary.]

22 [(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication—
(a) within six weeks 26 [of the authentication of the declaration under section 6], in the case of a newspaper to be published once a week or oftener; and
(b) within three months 26 [of the authentication of the declaration under section 6], in the case of any other newspaper, and in every such case, a new declaration shall be necessary before the newspaper can be published.
(6) Where, in any period of three months, any daily, tri-weekly, bi-weekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(7) Where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be re-published.
(8) Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a new declaration is made and subscribed in respect of the same:] 27 [Provided that no person 28 [who does not ordinarily reside in India, or] who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper.]

29 [5A. Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period.—
(1) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. I of S. 1989) shall keep the press in his possession for the printing of books or papers 30 [after the 31st day of December, 1968, unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.
(2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. 1 of S. 1989) shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration 2[after the 31st day of December, 1968 unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that newspaper under rule (2) of the rules laid down in section 5 of this Act.]

6. Authentication of declaration.—Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the Magistrate before whom the said declaration shall have been made: 31 [Provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the Magistrate 32 [is, on inquiry from the Press Registrar, satisfied] that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State.]
(Deposit) —One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or 33 [other principal Civil Court of original jurisdiction for the place where] the said declaration shall have been made. Inspection and supply of copies.—The Officer-in -charge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which has the custody of the original, on payment of a fee of two rupees. 34 [A copy of the declaration attested by the official seal of the Magistrate, or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the declaration and also to the Press Registrar.]

7. Office copy of declaration to be prima facie evidence.—In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some Court empowered by this Act to have the custody of such declarations, 1[or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor] shall be held (unless the contrary be proved) to be suficient evidence, as against the person whose name shall be subscribed to such declaration, 1[or printed on such newspaper, as the case may be] that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every 2[newspaper] whereof the title shall correspond with the title of the 2[newspaper] mentioned in the declaration, 5[or the editor of every portion of that issue of the newspaper of which a copy is produced].

8. New declaration by persons who have signed a declaration and subsequently ceased to be printers or publishers.— 37 [If any person has subscribed to any declaration in respect of a newspaper under section 5 and the declaration has been authenticated by a Magistrate under section 6 and subsequently that person ceases to be the printer or publisher of the newspaper mentioned in such declaration, he shall appear before any District, Presidency or Sub-divisional Magistrate, and make and subscribe in duplicate the following declaration:— “I, A.B., declare that I have ceased to be the printer or publisher or printer and publisher of the newspaper entitled—”.] Authentication and filing.—Each original of the latter declaration shall be authenticated by the signature and seal of the Magistrate before whom the said latter declaration shall have been made, and one original of the said latter declaration shall be filed along with each original of the former declaration. Inspection and supply of copies.—The Officer-in-charge of each original of the latter declaration shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration, attested by the seal of the Court having custody of the original, on payment of a fee of two rupees. Putting copy in evidence.—In all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it shall be lawful to put in evidence a copy, attested as is aforesaid, of the latter declaration, and the former declaration shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter declaration, printer or publisher of the 38 [newspaper] therein mentioned. 39 [A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to the Press Registrar.]

1[8A. Person whose name has been incorrectly published as editor may make a declaration before a Magistrate.—If any person, whose name has appeared as editor on a copy of a newspaper, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a District, Presidency or Sub-Divisional Magistrate and make a declaration that his name was incorrectly published in that issue as that of the editor thereof, and if the Magistrate after making such inquiry or causing such inquiry to be made as he may consider necessary is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given the provisions of section 7 shall not apply to that person in respect of that issue of the newspaper. The Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period.]

41 [8B. Cancellation of declaration.—If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that—
(i) the newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this Act or rules made thereunder; or
(ii) the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State; or
(iii) the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration; or
(iv) the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a newspaper; the Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar.

8C. Appeal.—
(1) Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or cancelling a declaration under section 8B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board 42 [consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978 (37 of 1978), from among its members]: Provided that the Appellate Board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the Magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against.
(3) Subject to the provisions contained in sub-section (2), the Appellate Board may, by order, regulate its practice and procedure.
(4) The decision of the Appellate Board shall be final.]

9. Copies of books printed after commencement of Act to be delivered gratis to Government.—Printed 43 [***] copies of the whole of every book which shall be printed 43 [***] in 44 [India] after this Act shall come into force, together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same, shall, notwithstanding any agreement (if the book be published) between the printer and publisher thereof, be delivered by the printer at such place and to such officer as the State Government shall, by notification in the Official Gazette, from time to time direct, and free of expense to the Government, as follows, that is to say:—
(a) in any case, within one calendar month after the day on which any such book shall first be delivered out of the press, one such copy, and,
(b) if within one calendar year from such day the State Government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition shall be made by the State Government on the printer, another such copy, or two other such copies, as the State Government may direct, the copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book shall be printed 43 [***]. The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. Nothing in the former part of this section shall apply to—
(i) any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this Act, or
(ii) any 45 [newspaper] published in conformity with the rules laid down in section 5 of this Act.

10. Receipt for copies delivered under section 9.—The officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt in writing therefor. foregoing section shall give to the printer a receipt in writing therefor.”

11. Disposal of copies delivered under section 9.—The copy delivered pursuant to clause
(a) of the first paragraph of section 9 of this Act shall be disposed of as the State Government shall from time to time determine. Any copy or copies delivered pursuant to clause (b) of the said paragraph shall be 46 [transmitted to the Central Government].
47 [11A. Copies of newspapers printed in India to be delivered gratis to Government.—The printer of every newspaper in 48 [India] shall deliver at such place and to such officer as the State Government may, by notification in the Official Gazette, direct, and free of expense to the Government, two copies of each issue of such newspaper as soon as it is published.]

49 [11B. Copies of newspapers to be delivered to Press Registrar.—Subject to any rules that may be made under this Act, the publisher of every newspaper in India shall deliver free of expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published.]

12. Penalty for printing contrary to rule in section 3.— Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this Act, shall, on conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, or by simple imprisonment for a term not exceeding 2[six months], or by both.

13. Penalty for keeping press without making declaration required by section 4.— Whoever shall keep in his possession any such press as aforesaid. 52 [In contravention of any of the provisions contained in section 4 of this Act], shall, on conviction before a Magistrate, be punished by fine not exceeding 53 [two thousand] rupees, or by simple imprisonment for a term not exceeding 54 [six months] or by both.

14. Punishment for making false statement.—Any person who shall, in making 57 [any declaration or other statement] under the authority of this Act, make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a Magistrate, be punished by fine not exceeding 55 [two thousand] rupees, and imprisonment for a term not exceeding 56 [six months].

15. Penalty for printing or publishing newspaper without conforming to rules.—1[
(1) ] Whoever shall 2[edit], print or publish any 3[newspaper], without conforming to the rules hereinbefore laid down, or whoever shall 2[edit], print or publish, or shall cause to be 2[edited], printed or published, any 4[newspaper], knowing that the said rules have not been observed with respect to 5[that newspaper], shall, on conviction before a Magistrate, be punished with fine not exceeding 6[two thousand] rupees, or imprisonment for a term not exceeding 7[six months] or both. 8[(2) Where an offence is committed in relation to a newspaper under sub-section (1), the Magistrate may, in addition to the punishment imposed under the said sub-section, also cancel the declaration in respect of the newspaper.]

1[15A. Penalty for failure to make a declaration under section 8.—If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in compliance with section 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two hundred rupees.]
The Press and Registration of Books Act, 1867

1[16. Penalty for not delivering books or not supplying printer with maps.—If any printer of any such book as is referred to in section 9 of this Act shall neglect to deliver copies of the same pursuant to that section, he shall for every such default forfeit to the Government such sum not exceeding fifty rupees as a Magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the copies which the printer ought to have delivered. If any publisher or other person employing any such printer shall neglect to supply him, in the matter prescribed in the second paragraph of section 9 of this Act with the maps, prints or engravings which may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the Government such sum not exceeding fifty rupees as such a Magistrate as aforesaid may, on such an application as aforesaid, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have supplied.]

1[16A. Penalty for failure to supply copies of newspapers gratis to Government.—If any printer of any newspaper published in 2[India] neglects to deliver copies of the same in compliance with section 11A, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default.]

1[16B. Penalty for failure to supply copies of newspapers to Press Registrar.—If any publisher of any newspaper published in India neglects to deliver copies of the same in compliance with section 11B, he shall, on the complaint of the Press Registrar, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, by fine which may extend to fifty rupees for every default.]
1[17. Recovery of forfeitures and disposal thereof and of fines.—Any sum forfeited to the Government under 2[section 16] may be recovered, under the warrant of the Magistrate determining the sum, or of his successor in office, in the manner authorised by the Code of Criminal Procedure (10 of 1882)3 for the time being in force, and within the period prescribed by the Indian Penal Code (45 of 1860), for the levy of a fine. 4[***]

18. Registration of memoranda of books.—There shall be kept at such office, and by such officer as the State Government shall appoint in this behalf, a book to be called a Catalogue of Books printed in 1[India], wherein shall be registered a memorandum of every book which shall have been delivered 2[pursuant to clause
(a) of the first paragraph of section 9] of this Act. Such memorandum shall (so far as may be practicable) contain the following particulars (that is to say):—
(1) the title of the book and the contents of the title-page, with a translation into English of such title and contents, when the same are not in the English language;
(2) the language in which the book is written;
(3) the name of the author, translator, or editor of the book or any part thereof;
(4) the subject;
(5) the place of printing and the place of publication;
(6) the name of firm of the printer and the name of firm of the publisher;
(7) the date of issue from the press or of the publication;
(8) the number of sheets, leaves or pages;
(9) the size;
(10) the first, second or other number of the edition;
(11) the number of copies of which the edition consists;
(12) whether the book is printed, 3[cyclostyled or lithographed];
(13) the price at which the book is sold to the public; and
(14) the name and residence of the proprietor of the copyright or of any portion of such copyright. Such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the 4[copy thereof pursuant to clause (a) of the first paragraph of section 9] 5[***]

19. Publication of memoranda registered.—The memoranda registered during each quarter in the said Catalogue shall be published in the Official Gazette, as soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent 1[***] to the Central Government 2[***].

*19A. Appointment of Press Registrar and other officers.—The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under this Act.

*19B. Register of newspapers.—
(1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers.
(2) The Register shall, as far as may be practicable, contain the following particulars about every newspaper published in India, namely:—
(a) the title of the newspaper;
(b) the language in which the newspaper is published;
(c) periodicity of the publication of the newspaper;
(d) the name of the editor, printer and publisher of the newspaper;
(e) the place of printing and publication;
(f) the average number of pages per week;
(g) the number of days of publication in the year;
(h) the average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed;
(i) retail selling price per copy;
(j) the names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed;
(k) any other particulars which may be prescribed.
(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may be required for keeping the Register up-to-date.

*19C. Certificates of registration.—On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper 1[and on the publication of such newspaper, the Press Registrar shall], as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof.

*19D. Annual statement, etc., to be furnished by newspapers.—It shall be the duty of the publisher of every newspaper—
(a) to furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19B as may be prescribed;
(b) to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in sub-section (2) of section 19B as may be specified in this behalf by the Press Registrar.

*19E. Returns and reports to be furnished by newspapers.—The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information with respect to any of the particulars referred to in sub- section (2) of section 19B as the Press Registrar may from time to time require.

*19F. Right of access to records and documents.—The Press Registrar or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this Act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this Act.

*19G. Annual report.—The Press Registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government.

*19H. Furnishing of copies of extracts from Register.—On the application of any person for the supply of the copy of any extract from the Register and on payment of such fee as may be prescribed, the Press Registrar shall furnish such copy to the applicant in such form and manner as may be prescribed.

*19-I. Delegation of powers.—Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of his powers under this Act to any officer subordinate to him.

*19J. Press Registrar and other officers to be public servants.—The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

*19K. Penalty for contravention of section 19D or section 19E, etc.—If the publisher of any newspaper—
(a) refuses or neglects to comply with the provisions of section 19D or section 19E; or 1[***]
(c) publishers in the newspaper in pursuance of clause (b) of section 19D any particulars relating to the newspaper which he has reason to believe to be false, he shall be punishable with fine which may extend to five hundred rupees.
*19L. Penalty for improper disclosure of information.—If any person engaged in connection with the collection of information under this Act wilfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

1[20. Power of State Government to make rules.—
(1) The State Government may, by notification in the Official Gazette, make such rules (not inconsistent with the rules made by the Central Government under section 20A) as may be necessary or desirable for carrying out the objects of this Act.
(2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

1[20A. Power of Central Government to make rules.—
(1) The Central Government may, by notification in the Official Gazette, make rules—
(a) prescribing the particulars which a declaration made and subscribed under section 5 may contain; 2[and the form and manner in which the names of the printer, publisher, owner and editor of a newspaper and the place of its printing and publication may be printed on every copy of such newspaper]; 3[(b) prescribing the manner in which copies of any declaration attested by the official seal of a Magistrate or copies of any order refusing to authenticate any declaration may be forwarded to the person making and subscribing the declaration and to the Press Registrar;]
(c) prescribing the manner in which copies of any newspaper may be sent to the Press Registrar under section 11B;
(d) prescribing the manner in which a Register may be maintained under section 19B and the particulars which it may contain;
(e) prescribing the particulars in which an annual statement to be furnished by the publisher of a newspaper to the Press Registrar may contain;
(f) prescribing the form and manner in which an annual statement under clause (a) of section 19D, or any returns, statistics or other information under section 19E, may be furnished to the Press Registrar;
(g) prescribing the fees for furnishing copies of extracts from the Register and the manner in which such copies may be furnished;
(h) prescribing the manner in which a certificate of registration may be issued in respect of a newspaper;
(i) prescribing the form in which, and the time within which, annual reports may be prepared by the Press Registrar and forwarded to the Central Government. 4[(2) Every rule made under this section 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 5[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[20B. Rules made under this Act may provide that contravention thereof shall be punishable.— Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.]

21. Power to exclude any class of books from operation of Act.—1[The State Government may, by notification in the Official Gazette], exclude any class of books 2[or papers] from the operation of the whole or any part or parts of this Act: 3[Provided that no such notification in respect of any class of newspapers shall be issued without consulting the Central Government.]

1[22. Extent.—This Act extends to the whole of India 2[***].]

23. Commencement of Act.—[Rep. by the Repealing Act, 1870 (14 of 1870), sec. 1 and Sch., Pt. II.]


1. Section 1 re-numbered as sub-section (1) thereof by Act 16 of 1965, sec. 2 (w.e.f. 1-11-1965).
2. The words “or lithographed” omitted by Act 55 of 1955, sec. 4 (w.e.f. 1-7-1956).
3. Definition of “British India” rep. by the A.O. 1937 see now the definition in sec. 3 (5) of the General Clauses Act, 1897 (10 of 1897).
4. Now Presidency Magistrate, see Code of Criminal Procedure, 1973 (2 of 1974).
5. The words “and a Justice of the Peace” rep. by Act 10 of 1890, sec. 2.
6. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
7. Paragraphs relating to the definitions of “Number” and “Gender” rep. by Act 10 of 1914, sec. 3 and Sch. II; definition of “Local Government” rep. by the A.O. 1937 and the definition of “States” ins. by the A.O. 1950 was rep. by Act 3 of 1951, sec. 3 and Sch.
8. Ins. by Act 55 of 1955, sec. 4 (w.e.f. 1-7-1956).
9. Ins. by Act 16 1965, sec. 2 (w.e.f. 1-11-1965).
10. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
11. Ins. by Act 12 of 1891, sec. 2 and Sch. II, Pt. I.
12. Section 4 re-numbered as sub-section (1) of that section by Act 55 of 1955, sec. 5 (w.e.f. 1-7-1956).
13. Subs. by Act 56 of 1951, sec. 36, for “the Magistrate” (w.e.f. 1-2-1952).
14. Ins. by Act 55 of 1955, sec. 5 (w.e.f. 1-7-1956).
15. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for certain words.
16. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
17. Subs. by Act 26 of 1960, sec. 2, for rule (1) (w.e.f. 1-10-1960) which was ins. by Act 14 of 1922, sec. 3 and Sch. I.
18. Rule (1) re-numbered as rule (2) by Act 14 of 1922, sec. 3 and Sch. I.
19. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
20. The words “, or such printer or publisher resides,” omitted by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
21. Subs. by Act 55 of 1955, sec. 6, for certain words (w.e.f. 1-7-1956).
22. Ins. by Act 55 of 1955, sec. 6 (w.e.f. 1-7-1956).
23. Ins. by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
24. Rule (2) re-numbered as rule (3) by Act 14 of 1922, sec. 3 and Sch, I.
25. Subs. by Act 26 of 1960, sec. 2 for rule (4) (w.e.f. 1-10-1960) which had been re-numbered for the original rule (3) by Act 14 of 1922, sec. 3 and Sch. I.
26. Subs. by Act 26 of 1960, sec. 2, for “of the declaration” (w.e.f. 1-10-1960).
27. Ins. by Act 14 of 1922, sec. 3 and Sch. I
28. Ins. by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
29. Ins. by Act 16 of 1965, sec. 3 (w.e.f. 1-11-1965).
30. Subs. by Act 30 of 1968, sec. 2, for certain words (retrospectively).
31. Ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).
32. Subs. by Act 26 of 1960, sec. 3, for certain words (w.e.f. 1-10-1960).
33. Subs. by Act 10 of 1890, sec. 3, for certain words.
34. Subs. by Act 26 of 1960, sec. 3, for the fourth paragraph (w.e.f. 1-10-1960) which was ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).
35. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
36. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
37. Subs. by Act 55 of 1955, sec. 8, for the first paragraph (w.e.f. 1-7-1956).
38. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
39. Ins. by Act 55 of 1955, sec. 8 (w.e.f. 1-7-1956).
40. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
41. Ins. by Act 26 of 1960, sec. 4 (w.e.f. 1-10-1960).
42. Subs. by Act 37 of 1978, sec. 27, for certain words.
43. The words “or lithographed” omitted by Act 55 of 1955, sec. 9 (w.e.f. 1-7-1956).
44. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
45. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
46. Subs. by the A.O. 1948, for certain words.
47. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
48. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
49. Ins. by Act 55 of 1955, sec. 10 (w.e.f. 1-7-1956).
50. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
51. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
52. Subs. by Act 55 of 1955, sec. 11, for “without making such a declaration as is required by section 4 of this Act” (w.e.f. 1-7-1956).
53. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
54. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
55. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
56. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
57. Subs. by Act 55 of 1955, sec. 12, for “any declaration” (w.e.f. 1-7-1956).
58. Section 15 re-numbered as sub-section (1) of that section by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).
59. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
60. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “such periodical work as is hereinbefore described”.
61. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “such periodical work”.
62. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “that work”.
63. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
64. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
65. Ins. by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).
66. Ins. by Act 55 of 1955, sec. 13 (w.e.f. 1-7-1956).
67. Subs. by Act 10 of 1890, sec. 5, for sections 16.
68. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
69. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).
70. Ins. by Act 55 of 1955, sec. 14 (w.e.f. 1-7-1956).
71. Subs. by Act 10 of 1890, sec. 5, for section 17.
72. Subs. by Act 11 of 1923, sec. 2 and Sch. I, for “the last foregoing section”.
73. See Now the Code of Criminal Procedure, 1973 (2 of 1974).
74. The second paragraph rep. by the A.O. 1937.
75. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).
76. Subs. by Act 10 of 1890, sec. 6, for “pursuant to section 9”.
77. Subs. by Act 55 of 1955, sec. 15, for “or lithographed” (w.e.f. 1-7-1956).
78. Subs. by Act 10 of 1890, sec. 6, for “copies thereof in manner aforesaid”.
79. Last sentence of section 18 rep. by Act 3 of 1914, sec. 15 and Sch. II.
80. The words “to the said Secretary of State, and” rep. by the A.O. 1948.
81. The word “respectively” omitted by the A.O. 1948.
82. Subs. by Act 26 of 1960, sec. 6, for certain words (w.e.f. 1-10-1960).
83. C1ause (b) omitted by Act 26 of 1960, sec. 7 (w.e.f. 1-10-1960).
84. Subs. by Act 20 of 1983, sec. 2 and Sch., for section 20 (w.e.f. 15-3-1984).
85. Ins. by Act 55 of 1955, sec. 18 (w.e.f. 1-7-1956).
86. Ins. by Act 26 of 1960, sec. 8 (w.e.f. 1-10-1960).
87. Subs. by Act 26 of 1960, sec. 8, for clause (b) (w.e.f. 1-10-1960).
88. Subs. by Act 26 of 1960, sec. 8, for sub-section (2) (w.e.f. 1-10-1960).
89. Subs. by Act 20 of 1983, sec. 2 and Sch., for certain words (w.e.f. 15-3-1984).
90. Ins. by Act 26 of 1960, sec. 9 (w.e.f. 1-10-1960).
91. Subs. by the A.O. 1937, for certain words.
92. Ins. by Act 11 of 1915, sec.2 and Sch. I.
93. Ins. by Act 26 of 1960, sec. 10 (w.e.f. 1-10-1960).
94. Ins. by Act 55 of 1955, sec. 19 (w.e.f. 1-7-1956). Earlier section 22 was repealed by Act 10 of 1890, sec. 7.
95. The words “except the State of Jammu and Kashmir” omitted by Act 16 of 1965, sec. 4 (w.e.f. 1-11-1965).

Media Law -2

1 Theories of Freedom of Expression and the Media
2 Freedom of Media Expression under the Constitution and the Convention
3 Censorship and Public Morality
4 The Media and Politics
5 The Media and the Courts
6 Defamation
7 Privacy
8 Broadcasting Regulation in India
9 Regulation of the Press
10 Media Ownership

Manohar Lal Sharma Vs. Sanjay Leela Bhansali & Ors.[SC 2017 NOVEMBER]

KEYWORDS:-PIL

Capture

  • It is settled in law that no right is absolute but the fetters for enjoying the rights should be absolutely reasonable more so when it relates to the right to freedom of speech and expression and right to liberty. The Court has to see what kinds of fetters  are being imposed and the impact of the same.
  • It needs to be stated at the outset that the reliefs sought are not only extremely ambitious but also the nature of pleadings in the petition have the effect of potentiality that can erode the fundamental conception of pleadings in a Court of Law. It needs to be stated that neither laxity nor lack of sobriety in pleadings is countenanced in law. The assertions in a petition cannot show carelessness throwing all sense of propriety to the winds.

Cinematograph Act, 1952

November 28, 2017.

SUPREME COURT OF INDIA

Manohar Lal Sharma Vs. Sanjay Leela Bhansali & Ors.

[Writ Petition (Criminal) No. 191 of 2017]

Dipak Misra, CJI.

1. The instant writ petition has been preferred under Article 32 of the Constitution of India giving it the nomenclature of public interest litigation basically with twin prayers that a film titled “Padmavati” should not be exhibited in other countries without obtaining the requisite certificate from the Central Board of Film Certification (CBFC) under the Cinematograph Act, 1952 (for brevity, ‘the Act’) and the Rules and guidelines framed thereunder and further to issue a writ of mandamus to the Central Bureau of Investigation (CBI), respondent No. 5 herein, to register an FIR against the respondent Nos. 1 and 2 and their team members for offence punishable under Section 7 of the Act read with Sections 153A, 295, 295A, 499 and 500 of the Indian Penal Code read with Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986 and to investigate and prosecute them in accordance with law.

2. It needs to be stated at the outset that the reliefs sought are not only extremely ambitious but also the nature of pleadings in the petition have the effect of potentiality that can erode the fundamental conception of pleadings in a Court of Law. It needs to be stated that neither laxity nor lack of sobriety in pleadings is countenanced in law. The assertions in a petition cannot show carelessness throwing all sense of propriety to the winds.

Rambling of irrelevant facts only indicates uncontrolled and imprecise thinking and exposes the inability of the counsel. On certain occasions, it reflects a maladroit design to state certain things which are meant to sensationalize the matter which has the roots in keen appetite for publicity. When these aspects are portrayed in a nonchalant manner in a petition, it is the duty of the Court to take strong exception to the same and deal it with iron hands.

3. We have heard Mr. Manohar Lal Sharma, petitioner-in-person, Mr. Harish N. Salve, learned senior counsel assisted by Mr. Mahesh Agarwal, learned counsel, appearing for the respondent no. 1, and Mr. Shyam Divan, learned senior counsel for the respondent no. 2. We have also taken assistance of Mr. Maninder Singh and Mr. P.S. Narasimha, learned Additional Solicitor General for the Union of India.

4. Having stated so, we may now turn to the controversy. When the matter was called, Mr. Salve, learned senior counsel, who has entered appearance for the respondent No. 1, drew our attention to the dates of events as contained in pages B to E of the petition. Be it noted, a similar matter was filed in a different manner by the same petitioner, forming the subject matter of Writ Petition (Criminal) No. 186/2017 wherein this Court has directed that such pleadings are unwarranted. Resultantly, in that case, a substantial portion of the pleadings was struck off. Despite this, the same have been reiterated in the present petition.

Mr. Manohar Lal Sharma, petitioner-in-person, would submit that they are not a part of the pleadings. We are absolutely shocked by such an approach and submission. When a writ petition is filed and the dates of events are mentioned, they definitely constitute a part of the pleadings. It cannot be said that they do not form part of the pleadings. This contention is absolutely untenable. Therefore, keeping in view the nature of the pleadings, we strike off the narrations made in pages B to E (marked as ‘X’ in the paper book), and further direct that such pleadings shall not be included anywhere in future, and shall not be mentioned anywhere else.

5. On the last occasion, while dealing with the writ petition filed by the petitioner, we had clearly stated that when the grant of certificate is pending before the CBFC, any kind of comment or adjudication by this Court would be pre-judging the matter. We may fruitfully reproduce a passage from the order dated 20.11.2017 passed in Writ 5 Petition (Criminal) No. 186/2017:- “In the course of hearing, we have been apprised that the film in question, i.e., ‘Padmavati’ has not yet received the Certificate from the Central Board of Film Certification. In view of the aforesaid, our interference in the writ petition will tantamount to pre-judging the matter which we are not inclined to do. The writ petition is accordingly disposed of.”

6. What is submitted by Mr. Manohar Lal Sharma at this juncture is that the first respondent is planning to exhibit the film in question in certain countries which have an international market. Mr. Salve has submitted that for the present, the first respondent has no intention to do any such thing, pending consideration of the application by the CBFC under the Act. Mr. Divan, learned senior counsel appearing for the respondent No. 2, has taken strong exception to the approach of the petitioner, in making scurrilous allegations in the petition which defames the respondent.

We appreciate the concern expressed by the learned counsel for the respondents because the scrutiny of the film is still pending for consideration before the CBFC. Succinctly put, the prayer made in the petition in this regard has no foundation and it is bound to flounder and we so hold. Thus, the prayer loses its foundation.

7. The controversy does not end there. As stated earlier, the further prayer is for issuance of direction to the respondent no. 5 – CBI to register an FIR against respondent Nos. 1 and 2 and their team members for offence punishable under Section 7 of the Act read with Sections 153A, 295, 295A, 499 and 500 of the Indian Penal Code read with Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986. As far as Sections 499 and 500 of the IPC is concerned, police has no role. As far as the other offences are concerned, it is unfathomable how any offence is made out. There is no basis for this Court to direct registration of an FIR and we have no hesitation in stating that the prayer is absolutely misconceived.

8. At this stage, we are obligated to state that writ petitions are being filed even before the CBFC, which is the statutory authority, takes a decision. This is a most unfortunate situation showing how public interest litigation can be abused. The hunger for publicity or some other hidden motive should not propel one to file such petitions. They sully the temple of justice and intend to create dents in justice dispensation system. That apart, a petition is not to be filed to abuse others. The pleadings, as we have stated earlier, are absolutely scurrilous, vexatious and untenable in law, and we, accordingly, strike them off the record.

9. We must say in quite promptitude that when a matter is pending or going to be dealt with by the CBFC, no one who is holding any post of public responsibility should comment on how the application for certification is to be processed. That tantamounts to creating a sense of prejudice in the mind of the CBFC. The CBFC is expected to take decisions with utmost objectivity as per the provisions contained in the Act, the rules framed thereunder and the guidelines. If the Court cannot pre-judge the matter before the CBFC takes a decision, we fail to comprehend how anyone in public office can pre-judge the issue and make public utterances.

They are not supposed to do so, and this position in law is accepted and acceded to by Mr. Maninder Singh and Mr. P.S. Narasimha, learned Additional Solicitors General, whose assistance we have sought. It should be borne in mind that we are governed by the basic tenets of 8 the rule of law. When the matter is pending for grant of certification, if responsible people in power or public offices comment on the issue of certification pending consideration before the statutory authority, that is a violation of the rule of law. All concerned shall be guided by the basic premise of the rule of law and ought not to venture into violating the same. We say nothing more and nothing less, for the present.

10. Another aspect needs to be highlighted. A story told on celluloid or a play enacted on a stage or a novel articulated in a broad and large canvas or epic spoken with eloquence or a poem sung with passion or recited with rhythm has many a layer of freedom of expression of thought that requires innovation, skill, craftsmanship and, above all, individual originality founded on the gift of imagination or reality transformed into imagination or vice versa. The platform can be different and that is why, the creative instinct is respected and has the inherent protective right from within which is called artistic licence.

In this regard, we may profitably reproduce a passage from Devidas Ramachandra Tuljapurkar v. State of Maharashtra and others:- “As far as the words “poetic licence”, are concerned, it can never remotely mean a licence as used or understood in the language of law.

There is no authority who gives a licence to a poet. These are words from the realm of literature. The poet assumes his own freedom which is allowed to him by the fundamental concept of poetry. He is free to depart from reality; fly away from grammar; walk in glory by not following systematic metres; coin words at his own will; use archaic words to convey thoughts or attribute meanings; hide ideas beyond myths which can be absolutely unrealistic; totally pave a path where neither rhyme nor rhythm prevail; can put serious ideas in satires, ifferisms, notorious repartees; take aid of analogies, metaphors, similes in his own style, compare like “life with sandwiches that is consumed everyday” or “life is like peeling of an onion”, or “society is like a stew”; define ideas that can balloon into the sky never to come down; cause violence to logic at his own fancy; escape to the sphere of figurative truism; get engrossed in the “universal eye for resemblance”, and one can do nothing except writing a critical appreciation in his own manner and according to his understanding.

When a poet says “I saw eternity yesterday night”, no reader would understand the term “eternity” in its prosaic sense. The Hamletian question has many a layer; each is free to confer a meaning; be it traditional or modern or individualistic. No one can stop a dramatist or a poet or a writer to write freely expressing his thoughts, and similarly none can stop the critics to give their comments whatever its worth. One may concentrate on Classical facets and one may think at a metaphysical level or concentrate on Romanticism as is understood in the poems of Keats, Byron or Shelley or one may dwell on Nature and write poems like William Wordsworth whose poems, say some, are didactic. One may also venture to compose like Alexander Pope or Dryden or get into individual modernism like Ezra Pound, T.S. Eliot or Pablo Neruda. That is fundamentally what is meant by poetic licence.”

We may categorically state that the artistic licence should be put on a high pedestal but the same has to be judged objectively on case to case basis.

11. In a Grammar of Politics, Harold J. Laski has stated: “… My freedoms are avenues of choice through which I may, as I deem fit, construct for myself my own course of conduct. And the freedoms I must possess to enjoy a general liberty are those which, in their sum, will constitute the path through which my best self is capable of attainment. That is not to say it will be attained. It is to say only that I alone can make that best self, and that without those freedoms I have not the means of manufacture at my disposal.”

12. In Sudhir Kumar Saha v. Commissioner of Police and another, the Court has observed:- “The freedom of the individual is of utmost importance in any civilized society. It is a human right. Under our Constitution it is a guaranteed right. It can be deprived of only by due process of law. The power to detain is an exceptional power to be used under exceptional circumstances.”

13. In State of U.P. v. Lalai Singh Yadav3, Krishna Iyer. J opined:- “Rights and responsibilities are a complex system and the framers of our Constitution, aware of the grammar of anarchy, wrote down reasonable restrictions on libertarian exercise of freedoms.”

14. Recently, in Nachiketa Walhekar v. Central Board of Film Certification & Anr4, the Court has held:- “The thrust of the matter is whether this Court should entertain the writ petition and pass an order of injunction directing the CBFC to delete the clip and further not to get the movie released in theaters on 17th November, 2017. It is worthy to mention that freedom of speech and expression is sacrosanct and the said right should not be ordinarily interfered with. That apart, when the respondent No.1, CBFC, has granted the certificate and only something with regard to the petitioner, which was shown in the media, is being reflected in the film, this Court should restrain itself in not entertaining the writ petition or granting injunction.”

And again:- “Be it noted, a film or a drama or a novel or a book is a creation of art. An artist has his own freedom to express himself in a manner which is not prohibited in law and such prohibitions are not read by implication to crucify the rights of expressive mind. The human history records that there are many authors who express their thoughts according to the choice of their words, phrases, expressions and also create characters who may look absolutely different than an ordinary man would conceive of. A thought provoking film should never mean that it has to be didactic or in any way puritanical. It can be expressive and provoking the conscious or the sub-conscious thoughts of the viewer. If there has to be any limitation, that has to be as per the prescription in law.”

15. When we say so, we are also reminded of the line spoken by Benjamin Cardozo5which is to the following effect:- “Complete freedom – unfettered and undirected – there never is.”

16. It is settled in law that no right is absolute but the fetters for enjoying the rights should be absolutely reasonable more so when it relates to the right to freedom of speech and expression and right to liberty. The Court has to see what kinds of fetters are being imposed and the impact of the same.

17. Ordinarily, we would have imposed costs. As the petitioner-in-person is a practising counsel in this Court, we refrain from doing so. However, we caution him to be careful in future.

18. In view of the aforesaid analysis, the writ petition is dismissed with no order as to costs.

CJI. [Dipak Misra]

[A.M. Khanwilkar]

[Dr. D.Y. Chandrachud]

The Cinematograph (Certification) Rules, 1983

 

Published vide G.S.R. 381(E), dated 9.6.1983.

In exercise of the powers conferred by section 8 of the Cinematograph Act, 1952 (37 of 1952), and in supersession of the Cinematograph (Censorship) Rules, 1958 the Central Government hereby makes the following rules, namely:–1. Short title and commencement. – (1) These rules may be called The Cinematograph (Certification) Rules, 1983.(2) They shall come into force on 1st day of June, 1983.2. Definitions. – In these rules, unless the context otherwise requires,–

(i) “Act” means the Cinematograph Act, 1952 (37 of 1952);

(ii) “advisory panel” means the advisory panel of the Board constituted under rule 7;

(iii) “applicant” means a person applying for certification of a film for public exhibition under section 4;

(iv) “Assistant Regional Officer” means an assistant regional officer appointed under rule 9 and includes the Secretary to Chairman;

(v) “Board” means the Board of Film Certification constituted under section 3;

(vi) “Chairman” means the Chairman of the Board;

(vii) “Chief Executive Officer” means a Chief Executive Officer appointed under rule 9;

(viii ) “Examining Officer” means [a Chief Executive Officer or] a Regional Officer or an Additional Regional Officer or an Assistant Regional Officer, or the Secretary to Chairman or such other officer who is a member of the examining committee appointed under sub-rule (1) of rule 22;

[(ix) “feature film” means fictionalised story film exceeding 2000 metres in length in 35 mm or corresponding length in other gauges or on video;]

(x) “imported” means bringing into India from a place outside India;

(xi) “long film” is a film with a length exceeding 2000 metres in 35 mm or corresponding length in other gauges or compact video disc;

(xii) “member” means a member of the Board and includes the Chairman;

(xiii ) “Regional Officer” means a Regional Officer appointed under rule 9 and includes a Chief Executive Officer, an Additional Regional Officer and an Assistant Regional Officer, or such other officer appointed under that rule;

[(xiv) “Secretary to the Tribunal” means the officer of Government appointed to function as the Secretary to the Appellate Tribunal under sub-section (7) of section 5-D;

(xv) “section” means a section of the Act;

[(xvi) “short film” means a film with a length upto and including 2000 metres in length in 35 mm or corresponding length in other gauges or on video tape or compact video disc;].

3. Terms of office. – (1) A member of the Board shall hold office during the pleasure of the Central Government.(2) Subject to the provisions of sub-rule (1), the Chairman shall hold office for a period of three years and shall continue to hold office until his successor is appointed:

Provided that pending the appointment of his successor the Central Government may appoint another person to act as Chairman for a period not exceeding one year.(3) Subject to the provisions of sub-rule (1), every other member shall hold office for a period not exceeding three years.(4) A retiring member or a member whose term of office has expired by efflux of time shall be eligible for re-appointment.[3-A. Representation of women in the Board. – The Central Government may take such steps as it thinks fit to appoint women members in the Board so that there is due representation for women.]

4. Casual vacancy. – A casual vacancy caused in the Board by resignation, death or removal of a member or otherwise shall be filled by the appointment of another member who shall hold office for the full term of membership provided under sub-rule (3) of rule 3.5. Headquarters. – Unless otherwise directed by the Central Government, the headquarters of the Board shall be at Bombay.

6. Temporary absence of Chairman. – Notwithstanding anything contained in these rules, when the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may nominate a member of the Board who will discharge the functions of the Chairman until the Chairman resumes his duties.

7. Constitution of advisory panels. – (1) The Central Government shall constitute an advisory panel at each of the regional offices of the Board.(2) An advisory panel constituted under sub-rule (1) shall consist of such number of members as the Central Government may, after consultation with the Board, determine.(3) The Central Government may, after consultation with the Board, appoint any person whom it thinks fit to be a member of an advisory panel:Provided that the Central Government may dispense with such consultation in respect of such number of members not exceeding one-third of the total number of the members of the advisory panel, as that Government thinks fit:

[Provided further that there shall be due representation to women in an advisory panel.

8. Term of office of members of advisory panels. – (1) A member of an advisory panel shall hold office during the pleasure of the Central Government.(2) Subject to the provisions of sub-rule (1), every such member shall hold office for a period not exceeding two years:

Provided that any person holding office as a member immediately before the commencement of these rules shall hold such office only for the remainder of the term for which he was appointed.(3) A retiring member or a member whose term of office has expired by efflux of time shall be eligible for re-appointment.(4) A casual vacancy in an advisory panel caused by the resignation, death or removal of any member or otherwise shall be filled by fresh appointment and the person so appointed shall hold office for a period not exceeding two years.(5) The Central Government may remove from office any member of an advisory panel before the expiration of his term of office:

Provided that a member appointed to an advisory panel after consultation with the Board shall not be so removed except on the recommendation of or after consultation with the Board.

9. Officers of the Board. – (1) For the purpose of enabling the Board to perform its functions under the Act, the Central Government may appoint a Chief Executive Officer, Regional Officers, Additional Regional Officers, Assistant Regional Officers and such other officers at the headquarters and at each of the regional offices of the Board:Provided that the Central Government may delegate to the Chairman/Chief Executive Officer subject to such conditions and limitations, if any, as may be specified by it, the power of appointment conferred on it under this sub-rule, other than the powers of appointment in relation to the posts of Regional Officer and Additional Regional Officer:Provided further that the Chairman/Chief Executive Officer may grant leave to or suspend or remove from service any officer appointed by him under the powers delegated to him under this sub-rule.(2) The Regional Officers, Additional Regional Officers, Assistant Regional Officers and other officers appointed under sub-rule (1) shall perform such duties as may be assigned to them under these rules, or by the Chairman/Chief Executive Officer or by the Board.10. Duties of the Board. – The Board shall, in addition to other duties prescribed under these rule,–(1) submit an annual report to the Central Government reviewing the work done by the Board during the preceding financial year and the report shall contain a detailed analytical study of the trends in film industry;(2) prescribe the manner in which the registers, records and accounts of the Board shall be kept; and(3) review the work of Regional Officers and members of the Advisory Panels.11. Assessment of public reactions to films. – With a view to determining the principles to be observed in certifying films, the Board may take such steps as it thinks fit to assess public reactions to films, and for that purpose, the Board may hold symposia or seminars of film critics, film writers, community leaders and persons engaged in the film industry, or such other persons and also undertake local or national surveys to study the impact of various kinds of films on the public mind.12. Terms and conditions of service (other than salary and allowances) of the Chairman of the Board and allowances payable to the other members of the Board. – (1) The Chairman, if he is a paid full-time officer, shall be entitled to draw travelling and daily allowances as admissible under the Fundamental and Supplementary Rules and shall be entitled to leave and leave salary and such other benefits and shall be governed by such conditions of service as are applicable to Central Government officers engaged on contract:Provided that in the case of an officer of an All India or Central Civil or General Central Service or State Service being appointed as Chairman, he shall be entitled to leave and leave salary and other benefits admissible to officers of such service so long as he continues to belong to that service:Provided further that if an officer who has already been holding a post under Government on contract with the benefits of Contributory Provident Fund is appointed as Chairman, he shall be allowed to carry forward the unutilised portion of leave earned by him during previous service and he shall also continue to be eligible for the Contributory Provident Fund benefits.(2) Every honorary member (including the Chairman where he does not receive any salary) may,–

(a) if he is an out-station member,-

(i) travel by air or by train as admissible according to the orders issued by the Central Government from time to time in respect of journeys undertaken by him for the performance of his duties as such members;

(ii) be paid a consultancy fee for attending the preview of a film or meeting of the Revising Committee or the Board at the rate of Rs. 75 for each day of such preview or meeting;

(iii) be paid daily allowance at the rate of Rs. 50 per day for the day preceding the meeting and that following the meeting, if the member actually stays at the place of the meeting;

(b) if he is a local member, be paid a consultancy fee for attending the preview of a film or meeting of the Revising Committee or the Board at the rate of Rs. 50 for each day of such preview or meeting:

Provided that daily allowance will not be admissible in addition for the day or days for which consultancy fee is paid.

13. Allowances payable to members of the advisory panel. – (1) Every member of the advisory panel shall be entitled to draw travelling and daily allowances for journeys performed by him for attending the meetings of the Board outside the headquarters or for the purpose of discharging any other duties prescribed under the Act on the scale provided under the Fundamental and Supplementary Rules applicable to First Grade officers of Government.(2) Every member of the advisory panel shall be entitled to receive a consultancy fee for attending a preview of film or a meeting of the Committee or Panel or for verification of cuts and affected reels at the rate of Rs. 50 per diem, provided that daily allowance in terms of sub-rule (1) above will not be admissible in addition for the day or days for which consultancy fee is paid.[(3) Notwithstanding anything contained in sub-rules (1) and (2), if any member of the advisory panel is a Member of Parliament, he shall not be entitled to any remuneration other than the allowances defined in clause (a) of section 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959).]14. Meetings of the Board. – (1) The Board shall ordinarily meet once a quarter for the transaction of business but the Chairman may at any time call an extraordinary meeting, if he considers it necessary to do so.(2) Meetings of the Board shall be held at such places as the Chairman may at his discretion fix for the purpose.

15. Co-opted members. – The Chairman may co-opt the Chief Executive Officer or anyone or more of the Regional Officers or any officer of the Central Government as a member or members of the Board for the purpose of attending a particular meeting of the Board and such officer or officers shall then be entitled to participate in the deliberations of the Board at that meeting but shall not be entitled to vote.16. Notice of meeting. – (1) At least [twenty-one clear days’] notice of all meetings of the Board shall be given to each member but an urgent meeting may be called by the Chairman at three clear days’ notice.(2) The notice shall state the business to be transacted at the meetings and no business other than that stated shall be transacted at such meeting except with the consent of the Chairman or on his motion.

17. Business ordinarily to be transacted at meetings. – The business of the Board shall ordinarily be transacted at a meeting duly called in accordance with the provisions of these rules:Provided that the Chairman may, if he thinks fit, circulate any urgent matter among the members for their opinion.18. Quorum. – At every meeting of the Board four members if the Chairman be present, and six members if he be absent, shall form a quorum.

19. President of the meeting. – Meetings of the Board shall be presided over by the Chairman or in his absence by a member elected by the members present from among themselves.

20. Question to be decided by majority of votes. – Every question before the Board shall be decided by a majority of votes and in the case of equality of votes, the Chairman or the member elected to preside under rule 19, as the case may be, shall have a second or casting vote.

21. Application for examination of films. – (1) Every application to certify a film for public exhibition shall be made in writing in [Form I or Form I-A or Form II or Form II-A, as the case may be,] set out in the Second Schedule according as the film is produced in or imported into India.(2) The application shall be addressed to the Board and delivered to the Regional Officer concerned as per the First Schedule:Provided that where films are imported into India, the Chairman may direct or permit applications in respect of them to be delivered to a Regional Officer other than the Regional Officer to whom such applications would have been delivered but for this proviso:Provided further that the Chairman may in the following circumstances direct or permit applications in respect of any films or class of films to be delivered to a Regional Officer other than the Regional Officer to whom such applications would have been delivered but for this proviso, namely:–

(i) where the Chairman is satisfied that immediate action for examination of a film is necessary; or

(ii) where examination of a film with the assistance of persons well acquainted with the language of the film is not possible at the place where, but for the provisions of this proviso, it would have been delivered for examination; or

(iii) for such other reasons as may be specified by the Chairman in writing.

(3) Every such application shall be accompanied by–

(a) the fee prescribed under rule 36;

(b) eight copies in the case of feature films and five copies in the case of other films, of the synopsis of the film, together with full credit titles and of the full text of the songs if any with reel number, one copy of complete shooting script as prescribed and a statement showing the reelwise length of the film:

Provided that where the film is in a language other than English or any Indian language, the applicant shall furnish eight typed or printed copies of the translation in English or Hindi of the synopsis and of the full text of the songs, if any, and one copy of the translation in English or Hindi of dialogues:-Provided further that in the case of a film referred to in the preceding proviso, the Regional Officer may direct the applicant to furnish also eight typed or printed copies of the translation in English or Hindi of the full text of the dialogue, speeches or commentary;

[(bb) a declaration made in writing by the producer of the film declaring that no cruelty was caused to the animals used during shooting of the films produced in India.

Explanation I.-For the purposes of this clause–

(i) “animal” shall have the meaning assigned to it in clause (a) of section 2 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);

(ii) “cruelty” means treating the animals in any manner specified in clauses (a) to (o) of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);]

(c) if the application is made for the purpose of a fresh certificate under sub-rule (2) of rule 29, the original certificate or duplicate certificate; [and]

[(d) if the application is made by a person other than the producer or copyright holder of the film, an authorisation in writing on a stamped paper of appropriate value to be notified by the Chairman from the producer or copyright holder of the film.]

(4) If, in the case of a newsreel, documentary or other short film, the Regional Officer is satisfied that the applicant is not able to furnish the documents specified in sub-rule (3) along with the application for reasons beyond his control, the Regional Officer may direct that such documents may be furnished within such period after the examination of the film as he may specify or that the submission of such documents may be dispensed with.(5) No such application shall be accompanied by any documents other than those mentioned in sub-rule (3).[* * *]

Explanation .-For the purpose of certification for public exhibition, every revised version or shorter version of a film shall be deemed to be a fresh film.22. Examining committee. – (1) On receipt of an application under rule 21, the Regional Officer shall appoint an Examining Committee to examine the film. The examination shall be made at the cost of the applicant on such date, at such place and at such time as the Regional Officer may determine.(2) The Examining Committee shall consist of,–

(a) in the case of a short film, a member of the advisory panel and an examining officer either of whom shall be a woman; and

(b) in the case of a long film, four members of the advisory panel and an examining officer of whom two persons shall be women:

Provided that if the examining officer is unavoidably absent at the examination of a film, the Examining Committee shall consist of two members of the advisory panel in a case falling under clause (a) and five members of the advisory panel in a case falling under clause (b) :

[Provided further that in the Examining Committee, in a case falling under clause (a) one member shall be a woman and in a case falling under clause (b) two members shall be women.]

(3) The film to be examined by the Examining Committee shall be in its final form with the background music and all sound effects duly recorded on the film itself.

(4) All previews of films for the purposes of examination for certification and the reports and records relating thereto shall be treated as confidential.

(5) The names of the members of the Examining Committee examining the film shall not be disclosed to any official or non-official not concerned with the preview of the particular film or to any other person including the applicant or his representative.

(5-A) Nothing in sub-rules (4) and (5) shall affect the disclosure of names of persons in the certificate granted by the Board.]

(6) The applicant or his representative shall not be allowed to be present inside the preview theatre.

(7) Notwithstanding anything contained in sub-rules (4), (5) and (6), the Chairman may, by special or general order permit any member of the staff to be present at the preview to render such assistance as may be required.

(8) The Examining Committee shall examine the film having regard to the principles for guidance in certifying films specified in section 5-B(1) and the guidelines issued by Government under section 5-B(2).

(9) Immediately after the examination of the film each member of the Examining Committee attending the examination shall, before leaving the preview theatre record his opinion in writing in Form VIII set out in the Second Schedule spelling out in clear terms the reasons therefor and state whether he or she considers,–

(a) that the film is suitable for unrestricted public exhibition, i.e., fit for ‘U’ certificate; or

(b) that the film is suitable for unrestricted public exhibition but with an endorsement of caution that the question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, i.e., fit for ‘UA’ certificate; or

(c) that the film is suitable for public exhibition restricted to adults, i.e., fit for ‘A’ certificate; or

(d) that the film is suitable 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, i.e., fit for ‘S’ certificate; or

(e) that the film is suitable for ‘U’ or ‘UA’ or ‘A’ or ‘S’ certificate, as the case may be, if a specified portion or portions be excised or modified therefrom; or

(f) that the film is not suitable for unrestricted or restricted public exhibition, i.e., that the film be refused a certificate, and if the Chairman is away from the regional centre where the film is examined, the form aforesaid shall be prepared in duplicate.

(10) The examining officer shall distribute copies of the synopsis with credit titles and songs among the members of the Committee and furnish them the form and such other documents as may be specified by the Board for making their recommendation.(11) After the screening of the film, the examining officer shall see that–

(a) the recommendation of every member of the Committee is recorded in unambiguous terms and each excision or modification is properly specified in clear terms with reason or reasons therefor;

(b) the same is duly signed by the members of the Committee; and

(c) where the report of any member of the Committee is incomplete, that fact is brought to the notice of the member concerned before he leaves the preview theatre.

(12) The examining officer shall within three working days send the recommendations of all the members of the Examining Committee to the Chairman and the Chairman is away from the centre where the film is examined, by registered post.(13) It shall be the personal responsibility of the examining officer to examine whether each and every guideline issued by Government has been followed and to bring any lapse or deviation to the notice of the Chairman.

(14) The quorum for the Examining Committee for a long film shall be four [of whom at least two persons shall be women.]

23. Certification. – On receipt of the record referred to in sub-rule (12) of rule 22, the Chairman shall, unless the provisions of sub-rule (1) of rule 24 are attracted, direct the Regional Officer concerned to take further action on behalf of the Board in conformity with the recommendation of the Examining Committee either unanimous or by majority:Provided that in case of a short film when the Committee is divided in its opinion, the Chairman shall either examine the film himself and take or direct the Regional Officer concerned to take further action on behalf of the Board to give effect to his decision.

24. Revising Committee. – (1) On receipt of the record referred to in rule 22, the Chairman may, of his own motion or on the request of the applicant, refer it to a Revising Committee constituted for the purpose.(2) The Revising Committee shall, subject to sub-rule (5), consist of a Chairman and not more than nine members, being members of the Board or members of any of the advisory panels, to be specified by the Chairman:[Provided that subject to the provisions of sub-rule (11), the Chairman shall give due representation to women in the Committee by nominating such number of women members as he thinks fit.](3) The Chairman or in his absence a member of the Board nominated by the Chairman shall preside at every meeting of the Revising Committee.(4) The Regional Officer of the Centre where the application was received under rule 21, may be invited to attend any meeting of a Revising Committee and participate in proceedings thereof but he shall have no right to vote thereat.(5) No member of the advisory panel who has been a member of the Examining Committee for any film shall be a member of the Revising Committee in respect of the same film.(6) The provisions of sub-rules (4) to (8) of rule 22 shall apply mutatis mutandis to the examination of films by the Revising Committee or the Board.(7) The Revising Committee shall examine the film at the applicant’s expense, on such date, at such place and at such time, as the Chairman may determine.(8) For the purpose of examination by a Revising Committee,–

(a) the applicant shall present the same clear runnable print of the film which was shown to the Examining Committee and he shall make no change whatsoever in it and he shall furnish the necessary declaration in writing in that behalf;

(b) the applicant shall be required to furnish fifteen typed or printed copies of the complete synopsis of the film together with the full credit titles and of the full text of songs, if any, with reel number, and where he has made a representation under sub-section (2) of section 4, fifteen copies thereof shall also be furnished:

Provided that where the film is in a language, other than English or any Indian language, the applicant shall furnish fifteen typed or printed copies of the translation in English or in Hindi of the synopsis together with full credit titles and of the full text of the songs, if any:Provided further that in the case of a film referred to in the preceding proviso, the Chairman may direct the applicant to furnish also fifteen typed or printed copies of the translation in English or Hindi of the full text of the dialogue, speeches or commentary:

Provided also that where the Chairman is satisfied that the applicant is not able to furnish the documents specified in this sub-rule for reasons beyond his control the Chairman may direct that the submission of such documents be dispensed with.

(9) Immediately after examination of the film, each member of the Revising Committee shall before leaving the preview theatre record his recommendations in writing in Form VIII set out in the Second Schedule spelling out in clear terms the reasons therefor and stating whether he or she considers–

(a) that the film is suitable for unrestricted public exhibition, i.e., fit for ‘U’ certificate; or

(b) that the film is suitable for unrestricted public exhibition but with an endorsement of caution that the question as to whether any child below the age of twelve years may be allowed to see the film should be considered by the parents or guardian of such child, i.e., fit for ‘UA’ certificate; or

(c) that the film is suitable for public exhibition restricted to adults, i.e., fit for ‘A’ certificate; or

(d) that the film is suitable 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, i.e., fit for ‘S’ certificate; or

(e) that the film is suitable for grant of ‘U’ or ‘UA’ or ‘A’ or ‘S’ certificate, as the case may be, if a specified portion or portions be excised or modified therefrom; or

(f) that the film is not suitable for unrestricted or restricted public exhibition, i.e., that the film be refused a certificate, and if the Chairman is away from the regional centre where the film is examined the form aforesaid shall be prepared in duplicate.

(10) The Presiding Officer of the Revising Committee shall, within three days, send the recommendations of all the members of the Revising Committee to the Chairman and where the Chairman is away from the centre where the film is examined, by registered post.

(11) The quorum of the Revising Committee shall be five members of whom at least two persons shall be women:Provided that the number of women members shall not be less than one-half of the total members of a Committee constituted under sub-rule (2).

(12) The decision of a Revising Committee shall be that of the majority of the members attending the examination of the film and, in the event of an equality of votes, the presiding officer shall have a second or casting vote:

Provided that where the Chairman disagrees with the decision of the majority of the Committee, the Board shall itself examine the film or cause the film to be examined again by another Revising Committee and that the decision of the Board or the second Revising Committee, as the case may be, shall be final.

25. On receipt of the orders of the Board under section 4 or section 5-A, the Regional Officer shall communicate the same to the applicant by registered post or in such other manner as in the circumstances of the case he deems fit and take such other steps in accordance with the said orders as he may deem necessary.

26. Issue of certificate subject to removal of portions of film. – (1) Where the applicant is informed by a Regional Officer that a film will not be granted ‘U’ or ‘UA’ or ‘A’ or ‘S’ certificate, as the case may be, unless a specified portion or portions thereof be removed from the film, the Regional Officer may issue such a certificate, if he is satisfied on a declaration made in writing (in Form IX set out in Second Schedule) by the applicant that the portion or portions objected to have been excised from the negative of the film and from all copies thereof, whether in the possession of the applicant or the laboratory where the film was processed, the distributor, the exhibitor or any other person and surrendered to him.

Explanation .-For the purpose of being satisfied that the portion or portions objected to have been excised from the negative of the film and from all copies thereof,–

(a) the Regional Officer or the Chairman may at the expense of the applicant examine the relevant portions of the negative of the film or copies thereof or cause it or them to be examined by one or more members of the advisory panel at such time and place as he may determine;

(b) the Regional Officer may require the applicant to produce a certificate from the owner or the manager of the laboratory where the film was processed, in such form as may be specified by the Board in this behalf in regard to the number of positive and negative copies of the film made in the laboratory.

(2) A certificate issued under sub-rule (1) shall be endorsed with a specification of the portion or portions required to be removed and a statement of the exact length of each part or parts removed and in the case of reduction of scene or sequences, it shall mention the length of the portion reduced and the length of the portion retained and shall bear a clearly visible triangle drawn at the left hand bottom corner of the certificate.(3) Where any film has been granted a certificate under this rule subject to the condition that a specified portion or portions thereof be removed from the film, any person who imports or otherwise acquires a copy of the film after the date of certificate aforesaid, shall surrender to the Board such portion or portions in any such copy.

27. The portion or portions of the film and of all copies surrendered to the Regional Officer as provided in rule 26 shall be preserved for a period of six months in the Board’s office and unless required by the Board shall thereafter be handed over to an authorised officer of the National Film Archive of India, Poona for study and research.

28. Deposit of a copy of certified film. – (1) In the case of a feature film after [the Chairman or] the Regional Officer has affixed his signature to the certificate granted under the foregoing rules and prior to the delivery or despatch of the certificate to the applicant, a copy in any gauge of the film as certified by the Board shall be deposited by the applicant with the Board at his own expense for the purpose of record.

Explanation .-A video copy of the film shall be treated as a copy of the film for the purpose of this sub-rule.(2) In the copy deposited under sub-rule (1) the negative side number (key numbers) shall be clearly printed.(3) The copy deposited under sub-rule (1) except where it is a video copy may, at the discretion of the Regional Officer concerned, be returned to the applicant on the expiry of one year from the date of first release of the film.(4) Before return of the copy of the film under sub-rule (3), the applicant shall deliver to the Board the full shooting script of the film together with dialogues:Provided that where the script as aforesaid is not delivered within one month after the expiry of one year from the first release of the film, the film shall be sent to the Curator of the National Film Archive of India, Poona, and the applicant shall thereafter collect the same at his own expense, only after obtaining a release order from the Board after delivering the script aforesaid.(5) No application for the return of the copy of film deposited with the Board in exchange, for the full shooting script under the proviso to sub-rule (4) shall be entertained after two years from the date of the first release of the film:Provided that the Chairman may, on being satisfied that there is sufficient cause for not making the application within the said period of two years, entertain the application before the expiry of a further period of one year.(6) In the case of films other than feature films, that is, shorts, documentaries, newsreels, advertisement films and such other films after the Regional Officer has affixed his signature to the certificate granted under the foregoing rules and prior to the delivery or despatch of the certificate to the applicant, the applicant shall deposit with the Board a copy of the film or in lieu of such deposit, the shooting script or a verbatim commentary or a tape record of the commentary:Provided that in the case of such films where the Chairman is of the opinion that the applicant for reasons beyond his control is unable to deposit a copy of the film or script or verbatim commentary or tape record of that commentary prior to the delivery or despatch of the certificate, he may direct that the certificate be delivered to the applicant on his giving an undertaking in writing that he shall deposit the said copy of the film or script or verbatim commentary or tape record of the commentary within such time not exceeding sixty days as may be specified by the Chairman.(7) All such copies of films, scripts or commentaries or tape records of commentaries deposited with the Board shall be accompanied by a declaration in Form X set out in the Second Schedule.29. Validity of certificate. – (1) A certificate granted by the Board under sub-section (1) of section 5-A in respect of a film shall be valid for a period of ten years from the date on which the certificate is granted.(2) Where in relation to the certificate of a film the period has expired, a fresh certificate in [Form IV, IV-A, V, V-A, VI, VI-A, VII or VIl-A] set out in the Second Schedule, as the case may be, may be issued on an application made in this behalf and the same shall be dealt with as if it were an original application:Provided that a Regional Officer may, with the prior approval of the Chairman, dispense with examination of the film, if the application is for the issue of certificate in the same form in which it was issued earlier.(3) An applicant for a fresh certificate shall be required to deposit a copy of shooting script or verbatim commentary or tape recorded commentary of the film only in cases where at the time of making application for the initial certificate the same was not deposited.30. Compliance with section 6-A. – (1) The manner of notification to the distributor or exhibitor for the purpose of section 6-A, shall be by delivery of a duplicate copy of the certificate (containing both Parts I and II thereof) with each copy of the certified film to be distributed or exhibited:[Provided that in the case of video film, a copy of the certificate showing the serial number, the category and other details should be pasted on every video cassette as well as on its case.](2) The provisions of sub-rule (1) shall apply in relation to an amendment of a certificate in respect of a film as it applied in relation to the certificate itself.(3) The duplicate copy of the certificate of a film referred to in sub-rule (1) shall accompany the film and be prominently exhibited in the theatre on all days on which the film is exhibited therein.31. Uncertification of a film under section 6.-Where in exercise of the powers conferred by section 6 of the Act, the Central Government by notification directs that a certified film shall be deemed to be an uncertified film in the whole of India, the applicant and any other person or persons to whom the rights in the film have passed, shall stop the exhibition of the film forthwith and surrender the certificate and all copies of the duplicate certificate granted in respect of the film to the Board within one month from the date of the notification:[Provided that the Chairman may, at the written request of the applicant or any other person concerned, extend the said period and the total period so extended shall not exceed six months.]32. Re-examination of certified films. – (1) Where in respect of a film, which has been certified for public exhibition, any complaint is received by the Board, the same shall be forwarded to the Central Government.(2) The Central Government may, if it considers it necessary so to do, direct the Chairman to re-examine any film (in respect of which a complaint has been received by it directly or through the Board) in such manner and with such assistance as may be specified in the direction.(3) The Chairman may, for the purpose of re-examination aforesaid, require by written notice the person who made the application for certification of the film or the person to whom the rights of ownership or distribution in the film have passed, to arrange at his expense to deliver a print of the certified film to any specified Regional Officer within such time as may be specified in the notice for the purpose of re-examination.(4) The place, date and time of such re-examination shall be determined by the Chairman.(5) The Chairman shall forward his opinion together with the print of the film in relation to which a certificate was issued earlier to the Central Government who may after such enquiry as it deems fit, pass such orders thereon in exercise of the revisional powers under section 6.(6) The provisions of this rule shall apply only in cases where the revisional powers are exercisable by the Central Government under section 6.33. Alteration of film after issue of certificate. – (1) When a film is altered by excision, addition, colouring or otherwise after it has been certified under these rules, it shall not be exhibited unless the portion or portions excised, added, coloured or otherwise altered, have been reported to the Board in Form III in the Second Schedule and the Board has endorsed the particulars of the alteration or alterations on the certificate.Explanation I.-Reasonable wear and tear in the normal course of handling or projecting a film shall not be deemed to be an alteration of the film within the meaning of this sub-rule.Explanation II.-Any addition, deletion, alteration or replacement of background music in a film or (unless the Chairman by general or special order otherwise directs), a mere change in gauge shall not be deemed to be an alteration of the film within the meaning of this sub-rule.(2) For the purpose of exercising its powers under sub-rule (1), the Regional Officer shall appoint an Examining Committee to examine at the expense of the applicant, the reel or reels of the film in which the portion or portions are altered in such manner and with such assistance as he may deem fit and where the Examining Committee considered it necessary so to do, it shall re-examine the entire film:Provided that where a film is altered by excision or by the change of a coloured film into black and white version only it shall not ordinarily be necessary to appoint an Examining Committee unless the Regional Officer in any case otherwise directs.(3) The Examining Committee appointed under sub-rule (2) shall consist of [one member] of the Advisory Panel and an examining officer:Provided that where the examining officer is unavoidably absent at the examination of the film or any reel thereof, the Examining Committee shall consist of two members of the Advisory Panel.(4) Pending examination of the altered film under this rule, the applicant shall not exhibit the film incorporating the proposed alteration.(5) Where the film or any portion thereof as the case may be, is re-examined under this rule, the Chairman shall unless for reasons to be recorded in writing, he declines permission for the alteration, make suitable endorsement in the certificate granted in relation to the film.34. Amendment of certificate granted by the Board after notification under section 6.-When a notification is published under the powers conferred by section 6 of the Act declaring that a film in respect of which a ‘U’ certificate or a ‘UA’ certificate or an ‘S’ certificate has been granted shall be deemed to be a film in respect of which an ‘A’ certificate has been granted, the person to whom the certificate has been granted or the person to whom the rights in the film have passed as the case may be, shall surrender within one month from the date of issue of the order the original certificate and all the duplicate copies thereof to the Board for the issue of a fresh certificate of the new category.35. Certificates. – (1) A certificate authorising the public exhibition of a film shall be in one of the [Forms IV, IV-A, V, V-A, VI, VI-A, VII or VIl-A set out in the Second Schedule according as the film is fit for ‘U’ or ‘UA’ or ‘A’ or ‘S’ or ‘U’ or ‘V/A’ or ‘V/UA’ or ‘V/S’]certificate, as the case may be.(2) The certificate shall be signed for and on behalf of the Board by the Chairman or by a Regional Officer for the Chairman.[(3) The prescribed mark of the Board shall be a film copy of the certificate, that is, a trailer certificate, which shall be affixed to the film and always exhibited with it. The trailer certificate shall be for such duration as one can read it on the screen:Provided that Part I of the certificate shall be shown for a minimum duration of 10 seconds:Provided further that if there are no excisions or modifications ordered by the Board, Part II of the certificate need not be shown.][36. Fees. – (1) A fee shall be charged for the examination of every film at the rates laid down in the following Table and the same shall be paid either in cash or remitted by postal order or bank draft to the regional centre of the Board where the film is to be examined.

Table of Fees

(i) Celluloid Films

Length in meters
(up to and inclusive of)
Examination Fees
(Other than Predominantly Educational films)
(in rupees)
Examination Fees
(Predominantly Educational films)
(in rupees)
Screening Fees
(in rupees)
(1) (2) (3) (4)
300 2,000 400 200
600 3,950 800 400
900 5,950 1,200 600
1,200 7,950 1,600 800
1,500 9,950 2,000 1,000
1,800 11,900 2,400 1,200
2,100 13,900 2,800 1,400
2,400 15,900 3,200 1,600
2,700 17,850 3,550 1,800
3,000 19,850 3,950 2,000
3,300 21,850 4,350 2,000
3,600 23,850 4,750 2,000
3,900 25,800 5,150 2,000
4,200 27,750 5,550 2,000
4,500 29,800 5,950 2,000
4,800 31,750 6,350 2,000
5,100 33,750 6,750 2,000
5,400 35,750 7,150 2,000
5,700 37,750 7,550 2,000
6,000 39,650 7,950 2,000

(ii) Other than Celluloid Films

Duration in minutes
(up to and inclusive of)
Examination Fees
(Other than Predominantly Educational films)
(in rupees)
Examination Fees
(Predominantly Educational films)
(in rupees)
Screening Fees
(in rupees)
(1) (2) (3) (4)
10 1,900 550 150
20 3,650 1,100 300
30 5,950 1,200 400
40 7,350 1,450 550
50 9,150 1,850 700
60 10,900 2,200 850
70 12,700 2,550 950
80 14,700 2,950 1,050
90 17,650 3,300 1,250
100 18,250 3,650 1,400
110 20,050 4,000 1,550
120 21,850 4,350 1,650
130 23,800 4,750 1,800
140 23,800 5,100 1,950
150 27,200 5,450 2,100
160 29,150 5,850 2,200
170 30,950 6,200 2,350
180 32,750 6,550 2,500
190 34,750 6,950 2,650
200 36,300 7,250 2,800

(2) Fee for the examination of a film for certifying alterations under rule 33 shall be calculated only with reference to the reel or reels (or cassette or cassettes), in which the portion or portions excised, added, colored or otherwise altered occur and for the purposes the rate specified in the table aforesaid for original certification shall be applicable:Provided that where the alteration is by excision, the fee chargeable shall be at the rate of one hundred and fifty rupees per each endorsement.(3) A fee of one hundred and fifty rupees shall be paid for a duplicate copy of the certificate.(4) In the event of an application for certification being withdrawn before the film is examined, the Board may on an application made to it in that behalf, refund to the applicant the amount of fee paid towards the examination of the film after deducting twenty-five per cent. of the amount so paid.(5) In the event of an applicant failing to present a runnable print before the Examination Committee or the Revising Committee on the day and time and at the place fixed for such examination, an additional fee of twenty-five per cent. of the fee payable for examination of the film under this Table shall be paid before another place, date and time for the examination of the film is fixed.(6) If, by mistake, miscalculation or such other reason, the applicant pays towards fee for the examination of any film any amount in excess of the amount of fee payable under these rules, the Board may, on an application made in that behalf, within a period of one year from the date of certification of the film, refund to the applicant the amount so paid in excess.(7) Any person who applies to the Board for information regarding the certification or any other particular in respect of a film shall along with the application, pay a search fee of thirty-five rupees per each title of the film.]


38. Advertisement of films.
 – Any person advertising a film granted ‘UA’, ‘A’ or ‘S’ certificate or the exhibition of such film by means of insertions in newspapers, hoardings, posters, handbills or trailers shall, after the date of its certification, indicate in such insertions in newspapers, hoardings, posters, handbills or trailers that the film has been certified for such public exhibition. [such advertisement shall indicate only the certified title of a film.]37. Power of entry. – The Chairman or any member of the Board or an advisory panel or a Regional Officer or any other officer or member of the staff of the Board or any officer of the Central Government authorised in writing by the Chairman or members or any officer or member of the staff of the Appellate Tribunal or any officer of the Central Government authorised in writing by the Secretary to the Government of India in the Ministry of Information and Broadcasting in this behalf, may enter any place licensed under the law in force relating to cinemas, in the discharge of his duties under the Act or these rules and thereupon the owner or the manager of such place shall provide him with a seat of the highest rate or the next lower class to view the film without charging the admission fee and entertainment tax.

39. Maintenance of register. – (1) The Board shall [maintain] a register in which these shall be entered,–

(a) the name of every film examined under the Act;

(b) the name of the person applying for certificate;

(c) the name of the person or company producing or releasing the film;

(d) the name of the country in which the film was originally produced;

(e) the name of the place where the film was examined;

(f) the date of the examination;

(g) the names of the persons who examined the film;

(h) the result of the examination and of any further proceedings thereon;

(i) the number and date of the certificate issued, if any, together with a copy of any endorsement made thereon.

(2) For the purpose of enabling the Board to maintain such a register, the Regional Officers concerned shall each maintain similar registers in respect of applications for certification made to them and send to the Board a duplicate copy of every entry made in it, as soon as may be, after it has been made.(3) A copy of the entries in the register maintained by the Board made during any month shall be sent to all the Regional Officers during the next following month.

40. Certain films to continue to remain uncertified films. – If a film has been declared by a notification issued before the 15th January, 1951 by any State Government to be an uncertified film in any part or parts of the State concerned and if the said notification has not ceased to be in force by virtue of the proviso to sub-rule (2) of rule 35 of the Cinematograph (Censorship) Rules, 1951, the film shall not be publicly exhibited unless it is certified for public exhibition in accordance with the provisions of these rules:Provided that before certifying any such film for public exhibition the Board shall obtain the prior approval of the Central Government.

41. Time-limit in relation to certification of films. – (1) After an application under rule 21 for the certification of a film, complete in all respects (including the proof of payment of fees) is received, the Board shall scrutinise the application within seven days from the receipt thereof.(2) On receiving an intimation from the applicant that a clear runnable print of the film is available for examination, the Board shall, within 15 days therefrom refer the film for examination to an Examining Committee.(3) The films may be referred to the Examining Committee in the order in which the applications are received:Provided that the Regional Officer may on receipt of a written request from any applicant, if satisfied that there are grounds for an early examination, alter the order of examination of the film after recording the reasons in writing.(4)(a) In cases where the Examining Committee, after examination of the film, considered that a scrutiny of the shooting script is necessary or the authenticity of the incidents depicted in a film of historical, mythological, biographical or legendary nature is to be verified, a provisional report to that effect shall be submitted by the Regional Officer to the Chairman within a maximum of three working days after such examination.

(b) A written communication shall be sent to the applicant within a maximum of three working days following the receipt of the Chairman’s orders on the provisional report referred to in clause (a) and the applicant shall submit the script or the authentic sources on which the subject of his film is based within ten days from the date of receipt of such communication.

(c) In cases where the members of the Examining Committee after the examination of the film submit to the Chairman a provisional report indicating that expert opinion on subjects depicted in the film such as subjects relating to defence or foreign relations or any particular religion or law or medicine or any other subject, should be sought before the final report is submitted, the Chairman may after taking into consideration the circumstances of the case specify a time limit for obtaining the expert opinion and for the submission of the final report of the Examining Committee thereafter.

(d) In other cases, the script submitted by the applicant or the authentic sources furnished by him shall be scrutinised by the examining officer and the final report of the Examining Committee shall be forwarded by the examining officer of the Chairman within ten days from the date of receipt of the script or the authentic sources, as the case may be.

(5)(a) On receipt of the orders of the Board on the recommendations of the Examining Committee, in cases where sub-section (2) of section 4 is applicable, the communication to the applicant shall be issued within three days.

(b) The applicant shall submit his reply within fourteen days of the receipt of the communication.

(6) In cases where the film is not referred to a Revising Committee, certificate shall be issued or decision communicated within seven days.(7)(a) In cases where a film is to be referred to a Revising Committee, a Revising Committee shall be constituted within twenty days from the receipt of the necessary documents from the applicant.

(b) The provisions of sub-rules (3) to (6) shall apply mutatis mutandis to the examination of films by the Revising Committee.

(c) When a film is referred to another Revising Committee or to the Board in terms of proviso to sub-rule (12) of rule 24, the time limit will be further extended on the lines of (a) and (b) of this sub-rule.

(8) The applicant shall surrender the cuts, if any, and the affected reels together with full particulars thereof, within a period of fourteen days from the date of receipt of the final orders of the Board under section 4:Provided that where the applicant applies to the Board that he intends to appeal against the orders of the Board, the Board may extend the period specified above for surrender of the cuts by such period as it thinks fit, but in any case not beyond fourteen days from the date of disposal of the appeal or from the date of expiration of the period for filing the appeal in cases where no appeal is filed.(9) The cuts and the affected reels shall be examined by the Regional Officer within ten days of the submission of the same.(10) If the cuts are found to be adequate on the scrutiny of the relevant reels and all particulars necessary for the presentation of the certificate are fully furnished, certificate shall be prepared and issued within five days of the deposit of a copy of the film or script, as the case may be, as required under these rules.(11) If, however, the cuts are found to be inadequate on a scrutiny of the relevant reels, the Regional Officer shall record the same on the file and send within two days a further communication to the applicant for compliance with the orders of the Board.(12) The applicant shall submit further cut to the Regional Officer within three days from the date of receipt of the communication.(13) The Regional Officer shall again verify further cuts and the reels within five days of the receipt of the same and if the cuts are found to be adequate a certificate shall be issued.(14) The Chairman may, for reasons to be recorded in writing, relax the time-limits prescribed by this rule for the performance of any act if he is satisfied that it is necessary so to do to avoid any undue hardship.Explanation .-In calculating the periods specified in this rule working days alone shall be taken into account and Sundays and other holidays shall be excluded.

42. Preservation of records of certification of films. – (1) Records of certification of feature/long film shall be preserved by the Board for a minimum period of twelve years.(2) Records of certification of all short films shall be preserved by the Board for a minimum period of two years:Provided that in the case of short films if thereby cuts made by the Board or alterations made therein under rule 33 or if complaints have been received against the film, records of certification of the film shall be preserved for a minimum period of twelve years.

43. Terms and conditions of service of the Chairman and members of the Appellate Tribunal. – (1) The Chairman and members of the Appellate Tribunal shall hold office during the pleasure of the Central Government.(2) Subject to the provisions of sub-rule (1), the Chairman of the Appellate Tribunal shall hold office for a period of three years and shall continue to hold office until his successor is appointed.(3) Subject to the provisions of sub-rule (1), every other member of the Appellate Tribunal shall hold office for a period not exceeding three years.(4) A retiring Chairman or a member of the Appellate Tribunal whose term of office has expired by efflux of time shall be eligible for re-appointment.(5) Notwithstanding anything contained in the foregoing sub-rules, when the Chairman of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may appoint another person to discharge the functions of the Chairman until the Chairman resumes his duties.(6) The Central Government may, after consultation with the Chairman of the Appellate Tribunal, appoint any person whom it thinks fit to be a member of the Appellate Tribunal:Provided that the Central Government may, for reasons to be recorded in writing, dispense with such consultation.(7) A casual vacancy in the membership of the Appellate Tribunal caused by the resignation, death or removal of any member or otherwise shall be filled by fresh appointment and the person so appointed shall hold office for a period not exceeding three years.(8) The Central Government may remove from office any member of the Appellate Tribunal before the expiration of his term of office:Provided that a member appointed to the Appellate Tribunal after consultation with the Chairman of the Appellate Tribunal shall not be so removed except on the recommendation of or after consultation with the Chairman of the Appellate Tribunal.(9) For the purpose of enabling the Appellate Tribunal to perform its functions under the Act, the Central Government may appoint a Secretary to the Appellate Tribunal and such other officers for the Appellate Tribunal as may be considered necessary:Provided that the Central Government may delegate to the Chairman of the Appellate Tribunal subject to such conditions and limitations, if any, as may be specified by it, the power of appointment conferred on it under this sub-rule, other than the powers of appointment in relation to the post of Secretary to the Appellate Tribunal:Provided further that the Chairman of the Appellate Tribunal may grant leave to or suspend or remove from service any officer appointed by him under the powers delegated to him under this sub-rule.(10) The Secretary to the Tribunal and other officers appointed under sub-rule (9) shall perform such duties as may be assigned to them by these rules or by the Chairman of the Appellate Tribunal.(11) Notwithstanding anything contained in the foregoing sub-rules, the Chairman of the Appellate Tribunal may, for the purpose of enabling the Tribunal to discharge its functions under the Act, make appointments to posts other than Group A posts and may assign to the persons holding such posts, duties as he may deem fit.(12) The Chairman of the Appellate Tribunal, if he is a paid full time officer, shall receive such pay and allowances as are admissible to a serving Judge of a High Court. He shall be entitled to all facilities and concessions not less favourable than those admissible to a serving Judge of a High Court:Provided that in the case of a retired Judge of a High Court re-employed as Chairman of the Appellate Tribunal, the pay and other terms and conditions of service shall be the same as are applicable to re-employed Judges of a High Courts under the orders of the Central Government.(13) Every honorary member (including the Chairman where he does not receive any salary) may,–

(a) if he is an out-station member,

(i) travel by air or by train as admissible according to the orders issued by the Central Government from time to time in respect of journeys undertaken by him for the performance of his duties as such member;

(ii) be paid a consultancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 100 for each day of such preview or meeting; and

(iii) be paid daily allowance at the rate of Rs. 50 per day for each day preceding the meeting and that following the meeting, if the member actually stays at the place of the meeting;

(b) if he is a local member, be paid a consultancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 75 per day for each day of such preview or meeting:

Provided that daily allowance will not be admissible in addition for the day or days for which the consultancy fee is paid.

44. Fees for appeal to the Appellate Tribunal. – (1) Subject to sub-rule (2) below, fees at the rates laid down in the following Table shall be payable along with every appeal petition preferred under sub-section (2) of section 5-C and the same shall be paid either in cash or remitted by postal order or bank draft to the Secretary to the Tribunal:

Table of Fees

(i) Long film : Rs. 750 irrespective of length and gauge of film;

(ii) Short film : Rs. 100 irrespective of length and gauge of film.

(2) The Chairman of the Appellate Tribunal may at his discretion and for reasons to be recorded in writing, waive the payment of fee in any particular case.(3) In the event of an appeal being withdrawn before the film is previewed, the Chairman of the Appellate Tribunal may, on application made to it in that behalf, refund to the appellant the amount of fee paid towards appeal after deducting 25 per cent of the amount so paid.(4) In the event of an appellant failing to present a runnable print before the Appellate Tribunal on the day and time and at the place fixed for preview, an additional fee of 25 per cent of the fee payable for consideration of appeal under the Table in sub-rule (1) shall be paid before another date and time for the preview of the film is fixed.(5) If, by mistake, miscalculation or such other reason, the applicant pays towards fee for the consideration of appeal any amount in excess of the amount of fee payable under these rules, the Chairman of the Appellate Tribunal may, on an application made in that behalf, within a period of one year from the date the appeal has been decided, refund to the applicant the amount so paid in excess.

First Schedule

(See rule 21)

Application for Certification of Films Imported into or Produced in the States/ Union Territories Mentioned in column 3 shall be presented at the Regional Office in column 2:

Sl. No. Regional Office situated at Films imported into or produced in
(1) (2) (3)
1. Bangalore State of Karnataka.
2. Bombay States of Gujarat, Madhya Pradesh and Maharashtra and the Union Territories of Dadra and Nagar Haveli and Goa, Daman and Diu.
3. Calcutta [States of Bihar, West Bengal and the Union Territories of Andaman and NicobarIsland].
4. Cuttack State of Orissa.
5. Delhi States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan and Uttar Pradesh and the Union territories of Chandigarh and Delhi.
6. Guwahati States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland,Sikkim and Tripura.
7. Hyderabad State of Andhra Pradesh.
8. Madras States of Tamil Nadu and the Union Territory of Pondicherry.
9. Trivandrum State of Kerala and the Union Territory of Lakshadweep.

Note. – [(1)] The dubbed version of a film, in whatever Indian language, will be submitted for certification only to the Regional Office where the original version of the film was certified in the first instance.[(2)] The following two norms will define the “place of production” of films :-

(i) The location of the producer’s association/council/chamber, etc., with whom the film-title was registered before starting production of film concerned. In the case of registration of the title with more than one association/council/chamber, etc., only the earlier registration to be considered; and

(ii) The location of the Head Office/Regional Office/production office of the film [producing] company.

Second Schedule

Form I

Form of Application for Certification for Public Exhibition of a Film Produced in India

[See sub-rule (1) of rule 21]

No. and date of application (to be entered by Board’s office)

To

The Central Board of Film Certification through the Regional Officer at……………………………

Application for certification for public exhibition of a film produced in India at…………………

(1)(a) Name of the film

(b) Language of the film

(c) Length of the film in ft. …………..metre

(d) Number of reels

(e) Gauge of the film

(f) Type of the film, i.e. whether it is 2-D, 3-D, cinemascope, vistavision, etc.

(g) Whether the film is silent or a talkie

(h) Colour of the film

(i) Name and address of the producer

(j) Name of the director

(2) State whether the film is a newsreel/documentary/scientific/educational/feature/advertisement film.(2-A) Specify the certificate requested ‘U’, ‘UA’, ‘A’ or ‘S’(3) State separately the number of negative and positive prints of the film.

(a) Produced (negative……………………………. Positive …………………)

(b) In the applicant’s possession (negative …………………………Positive ……………..)

(c) Name and address of the processing laboratory.

(4)(a) Whether the present film is a dubbed version or a re-make of any other film? If so, state the particulars along with full details of certificates issued to that film.

(b) Whether any pre-censorship advice was obtained and if so, the details thereof.

(c) Whether permission for any shooting abroad was obtained and, if so, the details thereof.

(d) Whether the film contains any dialogue/commentary in any language other than the language of the film and, if so, specify the language and the reels in which they occur.

(5) Has any previous application been made to certify this film as suitable for public exhibition in India? If so,

(a) Where and to whom was it made

(b) What was the result of the application ?

(i) A ‘U’/’UA’/An ‘A’/’S’ certificate No……. dated………..was granted subject to the following cuts…………

(ii) Certificate was refused.

(6) Has the exhibition of this film been at any time suspended or the film declared uncertified by the Central or any State Government? State particulars:(7) Does the film contain any dialogue, Song, poem, speech or commentary in any language other than English, or an Indian language?If so, specify that reel or reels in which the dialogue, song, poem, speech or commentary occurs and the language or languages used.(8) Amount of fee accompanying the application on account of the fee prescribed in rule 36.

(i) Receipt No………………………………………….. dated ………………………………………………….

(ii) Bank draft No……………….. dated …………………………. on………………………… Bank.

(iii) Postal order No……………………………. dated……………. on ………………………… post office.

[(8-A) Whether any animal has been used in shooting of the film? If so, whether declaration specified in clause (bb) of sub-rule (3) of rule 21 has been filed ?](9) Name, address, and telephone number, if any of the applicant Telephone No.:………………………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………………………………………..(10) I declare that the print of the film is ready for examination by the Board and the statements recorded above are true in every particular.Date ……………..

…………………………..

Signature of applicant

[Form I-A

Form of Application for Certification for Public Exhibition of A [Film on Video Tape or Compact Video Disc] Produced in India

[See sub-rule (1) of rule 21]

No. and date of application (to be entered by Board’s office)

To

The Central Board of Film Certification through the Regional Officer at…………………

Application for certification for public exhibition of a video film produced in India at…………….

(1) (a) Name of the [film on video tape or compact video disc]

(b) Language of the [film on video tape or compact video disc]

(c) Running time

(d) Number of cassettes

(e) Any other particulars of the video conversion

(f) Type of the film, i.e., whether it is 2-D, 3-D, cinemascope, vistavision, etc.

(g) Whether the film is silent or a talkie

(h) Colour of the film

(i) Name and address of the producer

(j) Name of the director

(2) State whether the [film on video tape or compact video disc] newsreel/documentary/scientific/educational/feature/advertisement video film.(2-A) Specify the certificate requested: ‘U’,’UA’,’A’ or ‘S’.(3) State separately the number of negative and positive prints of the [film on video tape or compact video disc].

(a) Produced (negative……………… positive …………………)

(b) In the applicant’s possession (negative ……………….positive ……………….)

(c) Name and address of the laboratory/company where copies were made.

(4)(a) Whether the [film on video tape or compact video disc] for which the application has been made is a replica/exact copy of a cinematograph film on celluloid in respect of which a certificate has already been granted by the Central Board of Film Certification? Also state particulars of the film certified.

(b) Whether the [film on video tape or compact video disc] is a modified version of a certified cinematograph film on celluloid containing additions, deletions/or other alterations (details of modifications may be provided).

(c) Whether the application being made is in respect of an original [film on video tape or compact video disc] and not a copy of an already certified cinematograph film on celluloid.

(d) Whether the present [film on video tape or compact video disc] is a dubbed version or remake of any other [film on video tape or compact video disc]? If so, state the particulars along with full details of certificates issued to that [film or video tape or compact video disc].

(e) Whether any pre-censorship advice was obtained and if so, the details thereof.

(f) Whether permission for any shooting abroad was obtained and, if so, the details thereof.

(g) Whether the [film on video tape or compact video disc] contains any dialogue/commentary in any language other than the language of the [film on video tape or compact video disk] and, if so, specify the language and the cassette in which they occur.

(5) Has any previous application been made to certify this [film on video tape or compact video disc] as suitable for public exhibition in India ? If so,-

(a) Where and to whom was it made

(b) What was the result of the application

(i) A ‘U’/’UA’/An ‘A’/’S’ certificate No…………. dated………………… was granted subject to the following cuts ………..

(ii) Certificate was refused.

(6) Has the exhibition of this [film on video tape or compact video disc]/film been at anytime suspended or the [film on video tape or compact video disc]/film declared uncertified by the Central or any State Government? State particulars:(7) Does the [film on video tape or compact video disc] contain any dialogue, songs, poem, speech or commentary in any language other than English or an Indian language ?If so, specify that cassette or cassettes in which the dialogue, song, poem, speech or commentary occurs and the language used.(8) Amount of fee accompanying the application on account of the fee prescribed in rule 36.

(i) Receipt No…………….dated ……………………

(ii) Bank draft No…………….dated……………. on……………………Bank.

(iii) Postal order No……………..dated ……………..on………………….Post Office.

[(8-A) Whether any animal has been used in shooting of the film? If so, whether declaration specified in clause (bb) of sub-rule (3) of rule 21 has been filed ?](9) Name, address and telephone number, if any, of the applicant. Telephone No.:(10) I declare that the [film on video tape or compact video disc] is ready for examination by the Board and the statements recorded above are true in every particular. I also declare that I own the rights of the [film on video tape of compact video disc] in question. I further declare that I have the right to use in the video film the additional material in the feature film in the form of trailers, advertisement shorts, documentary films, etc.

………………………………..

Signature of applicant

Date………………………………………….

Form II

Form of Application for Certification for Public Exhibition of a Film imported into India

(See sub-rule (1) of rule 21)

No. and date of application (to be entered by Board’s office)

To

The Central Board of Film Certification through the Regional Officer at Bombay/Calcutta/Madras.

Application for certification for public exhibition of a film first imported into India at………………..

1. (a) Name of the film

(b) Language of the film

(c) Length of the film in ft…………………metres. Length of the film as shown in the CCP and/or import licence.

Have any cuts been made voluntarily by the applicant and if so give details.

(d) Number of reels

(e) Gauge of the film

(f) Type of the film, i.e., whether it is 2-D, 3-D, cinemascope, vistavision, etc.

(g) Whether the film is silent or a talkie

(h) Colour of the film

(i) Name of the producer

(j) Name of the director

(k) Country in which produced

2. State whether the film is a newsreel/documentary/scientific/educational/feature/advertisement film.3. State separately, the number of negative and positive prints of the film:

(a) Imported by the applicant (negative ………….. positive ………………)

(b) In the applicants possession (negative ………………positive…………………)

4. In what other language/languages, if any, has this been produced or dubbed ?Where the title is not the same in each language state the title of each version in which it has been produced or dubbed.5. Has any previous application been made to certify this film (under its present or any other title) in,-

(a) India:

(b) United States of America:

(c) United Kingdom:

(f) Any other country:

If so,

(i) Where and to whom was it made?

(ii) What was the result of the application, i.e.

(i) A ‘U’/’UA’/An ‘A’/’S’ certificate No. …………….. dated ………………. was granted subject to the following cuts……………….(ii) Certificate was refused.In the case of film made in the United States of America, state the rating of his film according to (a) the national group and (b) the legion of decency.

(a)………………………(b)………………..

6. Has exhibition of this film been at any time suspended or the film declared uncertified by the Central or any State Government? State particulars:7. Does the film contain any dialogue, songs, poem, speech or commentary in any language other than English, or any Indian language?If so, specify that reel or reels in which the dialogue, song, poem, speech or commentary occurs and the language or languages used.8. Amount of fees accompanying the application on account of the fee prescribed in rule 36.

(i) Receipt No. ……………… dated ………………….

(ii) Bank draft No……………… dated ……………….on……………….bank

(iii) Postal order no………………. dated ………………on…………………….post office.

9. Name, address and telephone number, if any, of the applicant.……………………………………………………………………………………………………………………………………………………………………………………………………………..……………………………………………………………………………………………………………………………………………………………………………………………………………..……………………………………………………………………………………………………………………………………………………………………………………………………………..10. (a) Name, address and telephone, if any, of the importer of the film …………………

(b) Number and date of the import licence ………………….

(c) Date of clearance through the customs ………………….

11. Has the film been produced by or in collaboration with South African or Rhodesian nationals wholly or in part in South Africa, South West Africa or Rhodesia or is the film owned wholly, or in part, by South African or Rhodesian nationals? If so, give details.[11-A. Whether any animal has been used in shooting of the film? If so, whether declaration specified in clause (bb) of sub-rule (3) of rule 21 has been filed ?]12. I declare that the print of the film is ready for examination by the Board and the statements above recorded are true in every particular.

………………………………

Signature of applicant

Date ……………………………………..

[Form II-A]

Form of Application for Certification for Public Exhibition of A [Film on Video Tape or Compact Video Disc] imported into India

(See sub-rule (1) of rule 21)

No. and date of application (to be entered by Board’s office)

To

The Central Board of Film Certification through the Regional Officer at ………..

Application for certification for public exhibition of a [film on video tape or compact video disc] first imported into India at …………………………..

1. (a) Name of the [film on video tape or compact video disc]

(b) Language of the [film on video tape or compact video disc]

(c) Running time of the [film on video tape or compact video disc]……………. metre.

Running time of the [film on video tape or compact video disc] as shown in the CCP and/or import licence. Have any cuts been made voluntarily by the applicant and if so give details.

(d) Number of cassettes.

(e) Any other particulars of the video conversion.

(f) Type of the film, i.e., whether it is 2-D, 3-D, cinemascope, vistavision, etc.

(g) Whether the film is silent or a talkie

(h) Colour of the film.

(i) Name of the producer.

(j) Name of the director.

(k) Country in which produced.

2. State whether the [film on video tape or compact video disc] is a newsreel/documentary/scientific/educational/feature/advertisement video film.3. State separately, the number of negative and positive prints of the [film on video tape or compact video disc]:

(a) Imported by the applicant (negative ………………positive………………..)

(b) In the applicant’s possession (negative ………………positive …………………)

4. (a) Whether the [film on video tape or compact video disc] for which the application has been made is a replica/exact copy of a cinematograph film on celluloid in respect of which a certificate has already been granted by the Central Board of Film Certification? Also state particulars of the film certified.

(b) Whether the [film on video tape or compact video disc] is a modified version of a certified cinema to graph film on celluloid, containing additions, deletions/other alterations (details of modifications may be provided).

(c) Whether the application being made is in respect of an original [film on video tape or compact video disc] and not a copy of an already certified cinematograph film on celluloid.

(d) In what other language/languages, if any, has this been produced or dubbed ?

Where the title is not the same in each language state the title of each version in which it has been produced or dubbed.5. Has any previous application been made to certify this [film on video tape or compact video disc]/film (under its present or any other title) in

(a) India:

(b) United States of America:

(c) United Kingdom:

(d) Any other country:

If so,

(i) Where and to whom was it made?

(ii) What was the result of the application, i.e.

(i) A ‘U’/’UA’/An ‘A’/’S’ certificate No. …………….. dated ……………… was granted subject to the following cuts………………

(ii) Certificate was refused.

In the case of film made in the United States of America, state the rating of this film according to (a) the national groups and (b) the legion of decency.

(a) …………………….(b)…………………………………….

6. Has exhibition of this [film on video tape or compact video disc] been at any time suspended or the film declared uncertified by the Central or any State Government? State particulars:7. Does the [film on video tape or compact video disc] contain any dialogue, song, poem, speech or commentary in any language other than English, or any Indian language ?If so, specify the cassette or cassettes in which the dialogue, song, poem, speech or commentary occurs and the language or languages used.8. Amount of fees accompanying the application on account of the fee prescribed in Rule 36.

(i) Receipt No……………… dated ………………….

(ii) Bank draft No……………… dated ……………..on…………………..bank

(iii) Postal order No……………….dated ………………….on……………..post office.

9. Name, address and telephone number, if any, of the applicant.

……………………………………………..

……………………………………………..

……………………………………………..

10. (a) Name, address and telephone number, if any, of the importer of the [film/films on video tape or compact video disc] ………………

(b) Number and date of the import licence …………………………

(c) Date of clearance through the Customs …………………………

11. Has the [films/films on video tape or compact video disc] been produced by or in collaboration with South African or Rhodesian nationals wholly or in part in South Africa, South West Africa or Rhodesia or is the film owned wholly, or in part, by South African or Rhodesian nationals? If so, give details.[11-A. Whether any animal has been used in shooting of the film? If so, whether declaration specified in clause (bb) of sub-rule (3) of rule 21 has been filed ?]12. I declare that the video film is ready for examination by the Board and that the statements above recorded are true in every particular. I also declare that I own the video rights of the film in question. If further declare that I have the right to use in the video film the additional material in the feature film in the form of trailers, advertisement shorts, documentary films, etc.

……………………………..

Signature of applicant

Date………………………………

Form III

(See rule 33)

(To be submitted in duplicate)

Report under rule 33 of the Cinematograph (Certification) Rules, 1983, Regarding an Alteration or Alterations in a Certified Film

1. Name of the applicant:2. Name of the film:3. Certificate No……………dated……………..4. Particulars of alterations:Reel No……….Scene No……….Description of the scene/dialogue/song length.(Specify the exact alteration or alterations, length and the number of the reel or reels in which the alteration or alterations occurs or occur).[In the case of [film on video tape or compact video disc] instead of length and number of reels, duration in minutes and number of cassettes may be given.]To

The Chairman, Central Board of Film Certification through the Regional Officer at Bombay/Calcutta/Madras.*

I declare that the above particulars are true in every respect and are a full description of the alteration or alterations made in the film after its certification.Date………………………………………Address………………………………

……………………………………

Signature of applicant

[FORM – IV]

[See rule 35 (1)]

Government of India

Central Board of Film Certification this Certificate is Valid for Theatrical release only

Part I

[See rule 35(1)]

Government Of India

Central Board of Film Certification this Certificate is Valid for Theatrical release only

Part I

Certificate No. ………………… Dated …………… Category “U” Film ……………………….. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the Examining Committee/ Revising Committee/Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/ Revising Committee/ Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for unrestricted public exhibition subject to excisions and modifications listed in Part II on the reverse:-1.2.3.4.Unrestricted Public ExhibitionFurther certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:

Form IV-A

[See rule 35 (1)]

Government of India

Central Board of Film Certification

This Certificate is Valid for [File On Video Tape or Compact Video Disc] Only

Part I

Certificate No. ………………… Dated …………… Category “V/U” Film ……………………….. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the Examining Committee/ Revising Committee/ Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/ Revising Committee/ Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for unrestricted public exhibition subject to excisions and modifications listed in Part II on the reverse:-1.2.3.4.Universal VideoFurther certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:

Form V

[See rule 35 (1)]

Government of India

Central Board of Film Certification

This Certificate is Valid for Theatrical Release Only

Part I

Certificate No. ………………… Dated …………… Category “A” Film ………………………. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the Examining Committee/ Revising Committee/ Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/ Revising Committee/ Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for public exhibition, restricted to adults only, subject to the excisions and modifications listed in Part II on the reverse: –1.2.3.4.Adults OnlyFurther certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:

Form V-A

Government of India

Central Board of Film Certification

This Certificate is Valid for [Film on Video Tape or Compact Video Disc] Only

Part I

Certificate No. ………………… Dated …………… Category “V/A” Film ……………………….. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the Examining Committee/ Revising Committee/ Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/ Revising Committee/ Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for public exhibition, restricted to adults only, subject to the excisions and modifications listed in Part II on the reverse: –1.2.3.4.Adults Only VideoFurther certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:

Form VI

[See rule 35 (1)]

Government of India

Central Board Of Film Certification

This Certificate Is Valid For Theatrical Release Only

Part I

Certificate No. ………………… Dated …………… Category “UA” Film ……………………….. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the Examining Committee/Revising Committee/Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/Revising Committee/Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for public exhibition with an endorsement of caution that the question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, and also subject to excisions and modifications listed in Part II on the reverse:-1.2.3.4.Parental GuidanceFurther certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:

Form VI-A

[See rule 35 (1)]

Government of India

Central Board of Film Certification

This Certificate is Valid For [Film on Video Tape or Compact Video Disc]

Part I

Certificate No. ………………… Dated …………… Category “UA” Film ……………………….. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the Examining Committee/Revising Committee/Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/Revising Committee/Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for public exhibition with an endorsement of caution that the question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, and also subject to excisions and modifications listed in Part II on the reverse :-1.2.3.4.Further certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:

Form VII

[See rule 35 (1)]

Government Of India

Central Board Of Film Certification

This Certificate Is Valid For Theatrical Release Only

Part I

Certificate No. ………………… Dated …………… Category “S” Film ……………………….. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the Examining Committee/Revising Committee/Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/Revising Committee/Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for public exhibition restricted to members of any profession or any class of persons, subject to excisions and modifications listed in Part II on the reverse: –1.2.3.4.Specialised AudienceFurther certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:

Form VII-A

[See rule 35 (1)]

Government of India

Central Board of Film Certification

This Certificate is Valid for [Film on Video Tape or Compact Video Disc] only

Part I

Certificate No. ………………… Dated …………… Category “V/S” Film ……………………….. Gauge MM …………. Length ……………. MTS ReelsAfter examination of the film by the members of the examining Committee/Revising Committee/Film Certification Appellate Tribunal mentioned below and on the recommendations of the said Examining Committee/Revising Committee/Film Certification Appellate Tribunal, the Board hereby certifies that the film is fit for public exhibition, restricted to members of any profession or any class of persons, subject to excisions and modifications listed in Part II on the reverse: –1.2.3.4.SPECIALISED AUDIENCE VIDEOFurther certified that the excisions and modifications imposed by the Board have actually been carried out.Name of the applicantName of the producer

Chairman

Part II

Particulars of excisions and modifications:]

[Form – VIII]

[See rules 22(9) and 24(9)]

Central Board of Film Certification

Report of Member of Examining/ Revising Committee

N.B. – Please study the guidelines issued by government once again before you preview of the film.Title of the film and language………….Colour/ Black and White Length of the film…………..(meters)/ Running time……….(minutes) Reels…………..Casette……………Gauge………Date of examination…………………Name of the member……………………

I. I certify that I have carefully examined the above film with reference to the guidelines.
I recommend refusal to certificate to the film. OR
I recommend the grant of following certificate to the film:
‘U’/’UA’/’A’/’S’
with excisions or/and modifications
without excisions or/and modifications
[Delete whichever is not applicable]
II. In the case of grant of ‘S’ certificate, please specify the class or group of persons which should constitute the specialised audiences: –
III. Reasons for refusal of certificate or grant of ‘UA’/’A’/’S’ certificate
Note. – ‘U’-Unrestricted public exhibition.
‘UA’-Unrestricted public exhibition with an endorsement 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 the film should be considered by the parents or guardian of such child.
‘A’-Public exhibition restricted to adults.
‘S’-Public exhibition restricted to members of any profession or any class of persons.
IV. Details of excisions/modifications (Please see notes below)
Sl. No. Reel No. Clear and specific description of excisions or modifications Reasons with specific reference to guidelines
V. Thematic classification (only in the case of feature films)
VI. Any other remarks (including justification for permitting certain visuals and/or words prima facie appear to be objectionable)
VII. I certify that there would be no infraction of the guidelines if the film is granted a certificate as recommended above.

I also certify that the film has been judged in its entirety from the point of view of its overall impact that the film has been examined in the light of the period depicted in the film and contemporary standards of the country and the people to which the film relates; and that the film does not deprave the morality of the people.I certify that while recommending the film for unrestricted public exhibition I have satisfied myself that the film is suitable for family viewing, including children.

……………………..

Signature

Notes. 1. While recommending excisions the beginning and end of the excision should be clearly described and the length of the excision may be given as a percentage of the total scene or in metres/feet.2. If a scene or sequence is to be reduced to a flash, only 1/2 or 1 metre will be kept in the film.3. Also if certain portions are to be completely deleted while refusing a scene or sequence these should be specified.

Form IX

(See rule 26)

I/We,……………………., the applicant(s) in respect of the film ………………………….. do hereby declare that the portion or portions objected to by the Board to Film Certification in the film ……… …………………as endorsed on the certificate have been excised from the film and the original negative (picture and sound), inter negative, inter-positive and all positive prints thereof are hereby surrendered to the Central Board of Film Certification.I/We further declare that the above declaration is correct in all respects.

………………………………….

Signature of applicant

Name:

Address:

Place…………..Date……………Notes. – (1) If so required by the Regional Officer, the applicant shall produce a certificate from the owner or manager of the laboratory, where the film was processed in such form as may be specified by the Board in this behalf, in regard to the number of positive and negative copies of the film made in that laboratory.(2) All the cuts should be jointed in the order of reel numbers indicated in the Board’s direction with white pieces in between two different cuts to distinguish them. Length of each cut should be indicated in metres separately. In case of a scene required to be reduced as per directive of the Board, the producer shall indicate the length reduced and total length retained separately.

Form X

[See rule 28(7)]

Copy/ Script/ Commentary/ Tape Record Of Commentary Of Film

This is to certify that the copy of film/script of the Film/commentary/tape record of commentary noted above submitted to the Central Board of Film Certification under rule 28 of the Cinematograph (Certification) Rules, 1983, is an exact copy of the film or its script or commentary, as the case may be, as certified by the Board with complete dialogue, song, sound effects and picturisation. The correct reel wise length of the film as actually measured and certified is given below :-

Reel No. Length in metres
1.
2.
3.
Total :

N.B. – This includes the length of the ‘Interval’ and ‘End’ pieces.

……………………………………

Signature of the applicant

Guidelines For Certification Of Films For Public Exhibition

Vide S.O. 836(E), dated 6.12.1991 and published in the Gazette of India, Ext., Point.II, Section 3(ii), dated 6.12.1991.


In exercise of the powers conferred by sub-section (2) of section 5-B of the Cinematograph Act, 1952 (37 of 1952) and in supersession of the notification of the Government of India in the Ministry of Information and Broadcasting No. S.O.9(E), dated the 7th January, 1978, except as respects things done or omitted to be done before such supersession, the Central Government hereby directs that in sanctioning films for public exhibition, the Board of Film Certification shall be guided by the following principles:

1. The objectives of film certification will be to ensure that

(a) the medium of film remains responsible and sensitive to the values and standards of society;

(b) artistic expression and creative freedom are not unduly curbed;

(c) certification is responsive to social change;

(d) the medium of film provides clean and healthy entertainments; and

(e) as far as possible, the film is of aesthetic value and cinematically of a good standard.

2. In pursuance of the above objectives, the Board of Film Certification shall ensure that

(i) anti-social activities such as violence are not glorified or justified;

(ii) the modus operandi of criminals, other visuals or words likely to incite the commission of any offence are not depicted;

(iii) scenes

(a) showing involvement of children in violence as victims or as prepetrators or as forced witnesses to violence, or showing children as being subjected to any form of child abuse;

(b) showing abuse or ridicule of physically and mentally handicapped persons; and

(c) showing cruelty to or abuse of, animals are not presented needlessly.

(iv) pointless or avoidable scenes of violence, cruelty and horror, scenes of violence primarily intended to provide entertainment and such scenes as may have the effect of desensitising or dehumanising people are not shown;

(v) scenes which have the effect of justifying or glorifying drinking are not shown;

(vi) scenes tending to encourage, justify or glamorise drug addiction are not shown;

[(vi-a) scenes tending to encourage, justify or glamorise consumption of tobacco or smoking are not shown;]

(vii) human sensibilities are not offended by vulgarity, obscenity or depravity;

(viii) such dual meaning words obviously cater to baser instincts are not allowed;

(ix) scenes degrading or denigrating women in any manner are not presented;

(x) scenes involving sexual violence against women like attempt to Tape, rape or any form of molestation, or scenes of a similar nature are avoided, and if any such incident is germane to the theme, they shall be reduced to the minimum and no details are shown;

(xi) scenes showing sexual perversions shall be avoided and if such matters are germane to the theme, they shall be reduced to the minimum and no details are shown;

(xii) visuals or words contemptuous of racial, religious or other groups are not presented;

(xiii) visuals or words which promote communal, obscurantist, anti-scientific and anti-national attitudes are not presented;

(xiv) the sovereignty and integrity of India is not called in question;

(xv) the security of the State is not jeopardised or endangered;

(xvi) friendly relations with foreign States are not strained;

(xvii) public order is not endangered;

(xviii) visuals or words involving defamation of an individual or a l7ody of individuals, or contempt of Court are not presented.

Explanation.-Scenes that tend to create scorn, disgrace or disregard of rules or undermine the dignity of Court will come tinder the term “contempt of court”; and

(xiv) National symbols and emblems are not shown except in accordL-.nce with the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

3. The Board of Film Certification shall also ensure that the film

(i) is judged in its entirety from the point of view of its overall impacts; and

(ii) is examined in the light of the period depicted in the film and the contemporary standards of the country and the people to which the film relates, provided that the film does not deprave the morality of the audience.

4. Films that meet the above-mentioned criteria but are considered unsuitable for exhibition to non-adults shall be certified for exhibition to adult audiences only.5. (1) While certifying films for unrestricted public exhibition, the Board shall ensure that the film is suitable for family viewing, that is co say, the film should be such that all the members of the family including children can view it together.(2) If the Board, having regard to the nature, content and theme of the film, is of the opinion that it is necessary to caution the parents/ guardian to consider as to whether any child below the age of twelve years may be allowed to see such a film, the film shall be certified for unrestricted public exhibition with an endorsement to that effect.(3) If the Board, having regard to the nature, content and theme of the film, is of the opinion that the exhibition of the film should be restricted to members of any profession or any class of persons, the film shall be certified for publicexhibition restricted to the specialised audiences to be specified by the Board in this behalf.

6. The Board shall scrutinise the titles of the films carefully and ensure that they are not provocative, vulgar, offensive or violative of any of the above-mentioned guidelines.

The Cinematograph Act, 1952

Acts


The Cinematograph Act, 1952
(37 of 1952)

[21st March, 1952]
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

1. Short title, extent and commencement .(1) This Act may be called The Cinematograph Act , 1952.
(2) Parts I, II and IV extends to the whole of India [* * *] and Part III extends to [the Union territories] only.
(3) This Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: –
[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 (25 of 1973), as the Central Government may, by notification in the Official Gazette, appoint.]

2. Definitions .In this Act, unless the context otherwise requires,
(a) adult means a person who has completed his eighteenth year;
[(b) Board means the Board of Film Certification constituted by the Central Government under section 3;]
[(bb) certificate means the certificate granted by the Board under section 5-A:]
(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;
[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) 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 5-D.

2-A. Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir .Any reference in this Act to any law which is not in force, or any functionary 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 force, or to the corresponding functionary in existence, in that State.


Part II
Certification Of Films For Public Exhibition

3. Board of Film Certification .

(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 [Board of Film Certification] which shall consist of a Chairman and [not less than twelve and not more than twenty-five] other members appointed by the Central Government.
(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.

4. Examination of films .

(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: [*]
[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
[(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) 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 [the proviso to clause (i), clause (ii), clause (ii-a), 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.

5. Advisory panels .

(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.

5-A. Certification of films .

[(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.
(3) 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.

5-B. Principles for guidance in certifying films .

(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 [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.

5-C. Appeals .

(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.

5-D. Constitution of Appellate Tribunal .

(1) For the purpose of hearing appeals against any order of the Board under section 5-C, the Central Government shall, by notification in the Official Gazette, constitute an Appellate Tribunal.
(2) The head 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 a 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.

5-E. Suspension and revocation of certificate .

(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 to 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.

5-F. Review of orders by Central Government .

(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 5-E, 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.]

6. Revisional powers of the Central Government .

(1) Notwithstanding anything contained in this Part, the Central Government [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, [or, as the case may be, decided by the Tribunal (but not including any proceeding in respect of any matter 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:
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:

[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
(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.

6-A. Information and documents to be given to distributors and exhibitors with respect to certified films .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.]

6-B. Offences to be cognizable .[Omitted by the Cinematograph (Amendment) Act, 1984 (56 of 1984), section 2 (w.e.f. 27-8-1984).]

7. Penalties for contraventions of this Part .

(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,

(ii-a) 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 6-A 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, [[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 judgment, impose a sentence of imprisonment for a term of less than three months, or a fine of less than twenty thousand rupees]:

Provided further that notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), 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:

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 [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.

7-A. Power of seizure .

(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, [the Tribunal] or the Board in the exercise of any of the powers conferred on it, any police officer may, [* * *] 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.
(2) All searches under this Act shall be carried out in accordance with the provisions of the [Code of Criminal Procedure, 1973 (2 of 1974),] relating to searches.

7-B. Delegation of powers by Board .

(1) The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by the Board under this Act shall, [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.
[(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.]

7-C. Power to direct exhibition of films for examination .

For the purpose of exercising any of the powers conferred on it by this Act, the Central Government [, the Tribunal] or the Board may require any film to be exhibited before it or, before [any person or authority] specified by it in this behalf.
7-D. Vacancies, etc., not to invalidate proceeding .No act or proceeding of [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.

7-E. Members of the Board and advisory panels, to be public servants .

All members of [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 (45 of 1860).

7-F. Bar of legal proceedings .

No suit or other legal proceeding shall lie against [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.]

8. Power to make rules .

(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Part.
[(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 therefor;
(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 7-B 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;
(h) the allowances or fees payable to the members of the Tribunal ;
(i) the powers and duties of the Secretary to, and other employees of, the Tribunal;
(j) the other terms and conditions of service of the Chairman and members of, and the Secretary to, and other employees of, the Tribunal;
(k) the fees payable by the appellant to the Tribunal in respect of an appeal;
(l) 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;
(m) any other matter which is required to be or may be prescribed.]

(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 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.]
9. Power to exempt .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 films from any of the provisions of this Part or of any rules made thereunder.

Part III
Regulation Of Exhibitions By Means Of Cinematographs

10. Cinematograph exhibitions to be licensed .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 license.

11. Licensing authority .

The authority having power to grant licenses 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 [Union territory], such other authority as it may specify in the notification to be the licensing authority for the purposes of this Part.

12. Restrictions on powers of licensing authority.

(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 license 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 licenses 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 license 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 license has been granted.

13. Power of Central Government or local authority to suspend exhibition of films in certain cases .

(1) The Lieutenant Governor or, as the case may be, the Chief Commissioner, in respect of the [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 therefor, 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.
(3) 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.

14. Penalties for contravention of this Part .

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 license 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.

15. Power to revoke license .

Where the holder of a license has been convicted of an offence under section 7 or section 14, the license may be revoked by the licensing authority.

16. Power to make rules .

(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 licenses 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) 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.]

17. Power to exempt .

The Central Government may, by order in writing [exempt], 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

18. Repeal .The Cinematograph Act, 1918 (2 of 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.


 

Delhi High Court Direction on Sting Operation

COMMENT

Court On Its Own Motion  vs   State 
[14 December, 2007 Equivalent citations: 146 (2008) DLT 42]

 

Extract:-

19. The duty of the press as the fourth pillar of democracy is immense. It has great power and with it comes increasing amounts of responsibility. No doubt the media is well within its rightful domain when it seeks to use tools of investigative journalism to bring us face to face with the ugly underbelly of the society. However, it is not permissible for the media to entice and try to actively induce an individual into committing an offence which otherwise he is not known and likely to commit. In such cases there is no predisposition. If one were to look into our mythology even a sage like Vishwamitra succumbed to the enchantment of “Maneka”. It would be stating the obvious that the Media is not to test individuals by putting them through what one might call the “inducement test” and portray it as a scoop that has uncovered a hidden or concealed truth. In such cases the individual may as well claim that the person offering inducement is equally guilty and a party to the crime, that he/she is being accused of. This would infringe upon the individual’s right to privacy. We believe and trust that all TV channels/Media shall take steps and prohibit its reporters from producing or airing any programme which is based on entrapment and which are fabricated, intrusive and sensitive. We also believe that responsible and senior TV journalists/reporters and editors who are involved in production and airing of programmes through electronic media should take steps for drawing up a self-regulatory code of conduct. The Press Council of India should also examine and can take initiative in this regard.

20. Certain proposed guidelines were also placed before us by the learned amicus. The said proposed guidelines are as follows:

1. A channel proposing to telecast a sting operation shall obtain a certificate from the person who recorded or produced the same certifying that the operation is genuine to his knowledge.

2. There must be concurrent record in writing of the various stages of the sting operation.

3. Permission for telecasting a sting operation be obtained from a committee appointed by the Ministry of Information and Broadcasting. The said committee will be headed by a retired High Court Judge to be appointed by the Government in consultation with the High Court & two members, one of which should be a person not below the rank of Additional Secretary and the second one being the Additional Commissioner of Police. Permission to telecast sting operation will be granted by the committee after satisfying itself that it is in public interest to telecast the same. This safeguard is necessary since those who mount a sting operation themselves commit the offences of impersonation, criminal trespass under false pretence and making a person commit an offence.

4. While the transcript of the recordings may be edited, the films and tapes themselves should not be edited. Both edited and unedited tapes be produced before the committee.

5. Sting operation shown on TV or published in print media should be scheduled with an awareness of the likely audience/reader in mind. Great care and sensitivity should be exercised to avoid shocking or offending the audience.

6. All television channels must ensure compliance with the Certification Rules prescribed under the Cable Television Network (Regulation) Act 1995 and the Rules made thereunder.

7. The Chief Editor of the channel shall be made responsible for self-regulation and ensure that the programmes are consistent with the Rules and comply with all other legal and administrative requirements under various statutes in respect of content broadcast on the channel.

8. The subject matter of reports or current events shall not:

(a) Deliberately present as true any unverified or inaccurate facts so as to avoid trial by media since a “man is innocent till proven guilty by law”;

(b) Present facts and views in such a manner as is likely to mislead the public about their factual inaccuracy or veracity;

(c) Mislead the public by mixing facts and fiction in such a manner that the public are unlikely to be able to distinguish between the two;

(d) Present a distorted picture of reality by over-emphasizing or under-playing certain aspects that may trivialize or sensationalize the content;

(e) Make public any activities or material relating to an individual’s personal or private affairs or which invades an individual’s privacy unless there is an identifiable large public interest;

(f) Create public panic or unnecessary alarm which is likely to encourage or incite the public to crime or lead to disorder or be offensive to public or religious feeling.

9. Broadcasters/Media shall observe general community standards of decency and civility in news content, taking particular care to protect the interest and sensitivities of children and general family viewing.

10. News should be reported with due accuracy. Accuracy requires the verification (to the fullest extent possible) and presentation of all facts that are necessary to understand a particular event or issue.

11. Infringement of privacy in a news-based/related programme is a sensitive issue. Therefore, greater degree of responsibility should be exercised by the channels while telecasting any such programmes, as may be breaching privacy of individuals.

12. Channels must not use material relating to persons’ personal or private affairs or which invades an individual’s privacy unless there is identifiable larger public interest reason for the material to be broadcast or published.

21. The Ministry of Information and Broadcasting is already examining whether a statute and/or a code of conduct should be enacted. The above-proposed guidelines should be considered by the concerned Ministry and if they find favor, they may be incorporated in the enactment/guidelines, with modifications as deemed fit and proper.

22. In terms of the aforesaid observations, we discharge the notices suo moto issued by us to the State. The petition stands disposed of.


 

Media Law in Pakistan

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