The act came into force all over India except in the State of Jammu and Kashmir. In Sikkim it came in to effect in 1983.
Note: (2-A) 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 Stat, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State.
Note: As far as the issue of granting license to exhibit cinema shows is concerned, the provisions of the Cinematograph Act, 1918 (Act 2 of 1918) are still in force in Part A and Part B States[1]. The other provisions apply to the whole of India.
Under this Act "Adult" means a person who has completed his eighteenth year, "Cinematograph" includes any apparatus for the representation of moving pictures or series of pictures, "film" means a cinematograph film, "regional officer" means a regional officer appointed by the Central Government and "Tribunal" means the Appellate Tribunal.
For the purpose of sanctioning films for public exhibition, the Board of Film Certification formed by the Central Government shall consist of a Chairman and 12-25 other members. The Chairman shall receive salary and allowance and the other members shall receive such allowances or fees for attending the meetings of the Board.
Examination (4) and certification (5A) of films:
Any person desiring to exhibit any film shall make an application to the Board for a certificate and after examining the film the Board may:
(i) Sanction the film for unrestricted public exhibition and grant "U" certificate.
[Regarding any material in the film, if it is necessary to caution that 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 and grant a "UA" certificate.]
(ii) Sanction the film for public exhibition restricted to adults and issue “A” certificate, or
(ii) (A) 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 and issue “S” certificate; or
Note: A certificate granted by the Board under this Section shall be valid throughout India for a period of ten years.
(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.
The Board shall take any decision only after giving an opportunity to the applicant for representing his views in the matter.
Advisory panels(5):
For helping the Board efficiently discharge its functions the Central Government may establish at such regional centers advisory panels. The advisory panel when asked by the Board has to examine the film and make recommendations it thinks fit. The number of members is to be decided by the government.
Principles for guidance in certifying films (5-B):
The film or any part of it should not be against the interests of [(Ins. by Act 49 of 1981] the security of the State, friendly relations with foreign States, public order, decency or morality, or involve defamation or contempt of court or incite any offence.
Notes: Censorship in India has full justification in the field of the exhibition of cinema films in the interest of society. It is justified under the Constitution.
Finally, it is not elements of rape, leprosy, sexual immorality which should attract the censor's scissors but how the theme is handled by the producer.
Appeals (5C):
Any Person applying for a certificate, if not satisfied by the order of the Board, may, within thirty days from the date of such order, appeal by a petition in writing (mentioning the reasons for the order along with the prescribed fees) to the Tribunal:
Note: If the Tribunal is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the aforesaid period of thirty days, it may allow appeal within a further period of thirty days.
Constitution of Appellate Tribunal (5-D):
· For hearing such an appeal, the Central Government shall, by notification in the Official Gazette, constitute an Appellate Tribunal consisting of a chairman and not more than four other members.
· The Chairman of the Tribunal should be a retired Judge of a High Court, or one qualified to be a Judge of a High Court.
· 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.
· The head office of the Tribunal shall be at New Delhi or where the Central Government may specify.
· The Tribunal, after making inquiry into the matter, and after giving the appellant and the Board an opportunity of being heard, make order, it thinks fit and the Board shall dispose of the matter in conformity with such order.
Suspension and revocation of certificate (5-E):
Notwithstanding anything contained in sub section (2) of Section 6, the Central Government may, by notification in the Official Gazette, suspend a certificate granted for a period or may revoke altogether if it is satisfied that
-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.
Note: No action under this section shall be taken except after giving an opportunity to the person concerned for representing his views in the matter.
Review of orders by Central Government (5-F):
If an applicant 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.
Note: If Central Government is satisfied that the applicant was prevented by sufficient cause from filing an application for review within the aforesaid period of sixty days, it may allow such application to be filed within a further period of sixty days.
The Central Government, may, after making further inquiry, pass such order as it thinks fit, confirming, modifying or reversing its decision and the Board shall dispose of the matter in conformity with such order.
Revisional powers of the Central Government (6) (1):
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 decided by the Tribunal (but not any matter which is pending before the Tribunal) and after making inquiry, make order and the Board shall dispose of the matter accordingly.
Note: No such order shall be made, except after giving the concerned an opportunity for representing his views in the matter. Until the government decides the film will be considered uncertified.
Information and documents to be given to distributors and exhibitors with respect to certified films (6-A):
The title, the length of the film, the number and the nature of the certificate granted in and the conditions, if any, subject to which it has been so granted, and any other particulars respecting the film which may be prescribed.
Penalties for contraventions of this (7):
If any person exhibits or permits to be exhibited, in any place, any film not conforming to the conditions as in section 6(a) or alters or tampers or fails to comply with any order, he shall be punishable with imprisonment for a term up to three years, or with fine up to one lakh rupees, or with both. In the case of a continuing offence, a further fine up to twenty thousand rupees for each day during which the offence continues might be imposed.
Power of seizure (7-A):
If a film for which no certificate has been granted under this Act is exhibited, or if a film is exhibited in contravention of any of the other provisions of this Act or of any order made by the Central Government, the Tribunal or the Board, then any public officer may, enter any place and search it and seize the film.
Power to exempt (9):
The Central Government may, by order in writing exempt the exhibition of any film or class of films from any of the provisions of this Part or of any rules made there under.
Note: For exemption, see note in the appendix.
Cinematograph exhibitions to be licensed (10):
No person shall give an exhibition elsewhere other than in a place licensed under this Part or otherwise than in compliance with any conditions and restrictions imposed by such license.
The Central Government may, form time to time so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure and adequate opportunity of being exhibited. Such directions shall be deemed to be additional conditions and restrictions.
Power of Central Government or local authority to suspend exhibition of films in certain cases (13):
The Lieutenant- Governor or, as the case may be, the Chief Commissioner and the district magistrate within his jurisdiction can suspend the exhibition of the film, if he is of opinion that public exhibition is likely to cause a breach of the peace and order.
Central Government may either confirm or discharge the order.
Power to revoke licence (15):
If the licensee has been convicted of an offence the licence may be revoked by the licensing authority.
[1] Part A States Part B States Part C States
Assam Hyderabad Ajmer
Bihar Jammu and Kashmir Coorg
Bombay Madhya Bharat Bhopal
Madhya Pradesh Mysore Bilaspur
Madras Patiala and East Himachal Pradesh
Orissa Punjab States Union Cooch-Behar
Punjab Rajasthan Delhi
United Provinces Saurashtra Kutch
West Bengal Travancore-Cochin Manipur
Vindhya Pradesh Tripura
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