CINEMATOGRAPH ACT, 1952
[Act No. 37
of Year 1952, dated 21-3-1952]
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 extend to the whole of India 1[***] 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 5A;]
(c)
"cinematograph" includes any apparatus for the representation of
moving pictures or series of pictures;
(d) "District
Magistrate", in relation to a presidency-town, means the
Commissioner of Police;
(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
5D.]
2A. 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 2[Board of Film Certification]
which shall consist of a Chairman and 8[not less than
twelve and not more than twentyfive] 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 3[the proviso to clause (i), clause (ii), clause
(iia), clause (iii) or clause (iv)] of sub-section (1) shall be
taken by the Board except after giving an opportunity to the
applicant for representing his views in the matter.
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 centers 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.
5A. 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, an "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.
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 4[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.
Comment: “If the regulations venture into
something which goes beyond this egitimate opening to restrictions,
they can be questioned on the ground that a legitimate power is
being abused. We hold, therefore, that censorship of films including
prior restraint is justified under our Constitution. K. A. Abbas,
Petitioner v. The Union of India”, AIR 1971 SUPREME COURT
481
5C. 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 an "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.]
5D. Constitution of Appellate
Tribunal
(1) For the
purpose of hearing appeals against any order of the Board under
section 5C, the Central Government shall, by notification in the
Official Gazette, constitute an Appellate Tribunal.
(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.
5E. 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 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.
5F. 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 5E, he may, within sixty days of the date
of publication of the notification in the Official Gazette, make an
application to the Central Government for review of the order,
setting out in such application the grounds on which he considers
such review to be necessary:
PROVIDED that
the Central Government may, if it is satisfied that the applicant
for a certificate or that other person was prevented by sufficient
cause from filing an application for review within the aforesaid
period of sixty days, allow such application to be filed within a
further period of sixty days.
(2) On
receipt of the application under sub-section (1), the Central
Government may, after giving the aggrieved person a reasonable
opportunity of being heard, and after making such further inquiry,
as it may consider necessary, pass such order as it thinks fit,
confirming, modifying or reversing its decision and the Board shall
dispose of the matter in conformity with such order.]
6. Revisional powers of the
Central Government
(1)
Notwithstanding anything contained in this Part, the Central
Government 10[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, 4[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:
4[PROVIDED FURTHER that nothing in this
sub-section shall require the Central Government to disclose any
fact which it considers to be against public interest to
disclose.]
(2) Without
prejudice to the powers conferred on it under sub-section (1), the
Central Government may, by notification in the Official Gazette,
direct that-
(a) a film
which has been granted a certificate shall be deemed to be an
uncertified film in the whole or any part of India; or
(b) a film
which has been granted a "U" certificate 4[or a "UA"
certificate or an "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.
6A. 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.
6B . 11[* *
*]
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 4[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,
9[* * *]
4[(iia) any film which has been certified by the
Board as suitable for public exhibition restricted to any profession
or class of persons, to a person who is not a member of such
profession or who is not a member of such class, or]
(b) without
lawful authority (the burden of proving which shall be on him),
alters or tampers with in any way any film after it has been
certified, or
(c) fails to
comply with the provision contained in section 6A or with any order
made by the Central Government or by the Board in the exercise of
any of the powers or functions conferred on it by this Act or the
rules made thereunder,
12[he shall be punishable with imprisonment for a
term which may extend to three years, or with fine which may extend
to one lakh rupees, or with both, and in the case of a continuing
offence with a further fine which may extend to twenty thousand
rupees for each day during which the offence continues:
PROVIDED that
a person who exhibits or permits to be exhibited in any place a
video film in contravention of the provisions of sub-clause (i) of
clause (a) shall be punishable with imprisonment for a term which
shall not be less than three months, but which may extend to three
years and with fine which shall not be less than twenty thousand
rupees, but which may extend to one lakh rupees, and in the case of
a continuing offence with a further fine which may extend to twenty
thousand rupees for each day during which the offence
continues:
PROVIDED
FURTHER that a court may, for adequate and special reasons to be
mentioned in the judgement, impose a sentence of imprisonment for a
term of less than three months, or a fine of less than twenty
thousand rupees:]
12[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]:
12[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
4[or an "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.
7A. Power of seizure
(1) Where
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, 4[, the Tribunal] or the Board in the
exercise of any of the powers conferred on it, any police officer
may, 13[* * *] 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 14[Code of Criminal Procedure, 1973 (2
of 1974)], relating to searches.
7B. Delegation of powers by
Board
15[(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, 16[in
relation to the certification of the films under this Part] and
subject to such conditions, if any, as may be specified in the
order, be exercisable also by the Chairman or any other member of
the Board, and anything done or action taken by the Chairman or
other member specified in the order shall be deemed to be a thing
done or action taken by the Board.
4[(2) The Central Government may, by order and
subject to such conditions and restrictions as may be prescribed,
authorise the regional officers to issue provisional
certificates.]
4[7C. 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 3[any person or
authority] specified by it in this behalf.]
4[7D. Vacancies, etc. not to
invalidate proceeding
No act or
proceeding of 4[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 Tribunals, the
Board or panel, as the case may be.
7E. Members of the Board and
advisory panels to be public servants
All members
of 12[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).
7F. Bar of legal
proceedings
No suit or
other legal proceeding shall lie against the Central Government,
17[the Tribunal,] the Board, advisory panel or any
officer or member of the Central Government, 18[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.
3[(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 7B to issue provisional certificates and
the period of validity of such certificates;
(e) the
manner in which the Board may consult any advisory panel in respect
of any film;
(f) the
allowances or fees payable to the members of advisory panel;
(g) the
marking of the films;
(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.]
19[(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 any thing 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 licence.
11. Licensing
authority
The authority
having power to grant licences under this Part (hereinafter referred
to as the licensing authority) shall be the District
Magistrate:
PROVIDED that
the State Government may, by notification in the Official Gazette,
constitute, for the whole or any part of a 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 licence under this Part,
unless it is satisfied that-
(a) the rules
made under this Part have been substantially complied with, and
(b) adequate
precautions have been taken in the place, in respect of which the
licence is to be given, to provide for the safety of persons
attending exhibitions therein.
(2) Subject
to the foregoing provisions of this section and to the control of
the State Government, the licensing authority may grant 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 licence under this Part may, within such time as may be
prescribed, appeal to the State Government or to such officer as the
State Government may specify in this behalf and the State Government
or the officer, as the case may be, may make such order in the case
as it or he thinks fit.
(4) The
Central Government may, from time to time, issue directions to
licensees generally or to any licensee in particular for the purpose
of regulating the exhibition of any film or class of films, so that
scientific films, films intended for educational purposes, films
dealing with news and current events, documentary films or
indigenous films secure an adequate opportunity of being exhibited,
and where any such directions have been issued those directions
shall be deemed to be additional conditions and restrictions subject
to which the licence has been granted.
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 films 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 licence has been granted under this Part, he
shall be punishable with fine which may extend to one thousand
rupees and, in the case of a continuing offence, with a further fine
which may extend to one hundred rupees for each day during which the
offence continues.
15. Power to revoke
licence
Where the
holder of a licence has been convicted of an offence under section 7
or section 14, the licence may be revoked by the licensing
authority.
16. Power to make
rules
15[(1) The Central Government may, by notification
in the Official Gazette, make rules-
(a)
prescribing the terms, conditions and restrictions, if any, subject
to which licences may be granted under this Part;
(b) providing
for the regulation of cinematograph exhibitions for securing the
public safety;
(c) prescribing the time within which and
the conditions subject to which an appeal under sub-section (3) of
section 12 may be preferred.
4[(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 insofar as the said Act relates to the sanctioning of
cinematograph films for exhibition.
CINEMATOGRAPH (CERTIFICATION) RULES, 1983
[GSR 381(E), dated 9th. May, 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 lst 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
1[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;
2[(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;
2[(xi) "long" film is a film with a length
exceeding 2000 metres in 35 mm or corresponding length in other
gauges or on video;]
(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 5D;
(xv)
"section" means a section of the Act;
2[(xvi) "short film" means a film with a length up
to and including 2000 metres in length in 35 mm or corresponding
length in other gauges or on video;]
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 of 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[3A. 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.
4[6. Temporary absence of
Chairman
Notwithstanding anything contained in these rules, when the
Chairman is unable to discharge his functions owning 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:
3[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 Officer, Additional Regional Officers, Assistant Regional
Officers and such other officers at the headquarters and at each of
the regional officer 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
rules,-
(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)
prescribed 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 outstation 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 (1) above will not be admissible in addition for the day or days
for which consultancy fee is paid.
5[(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 any one 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
6[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 provision 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 2[Form I or Form IA or Form II or Form IIA, as
the case may be,] set out in Schedule II 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 Schedule I:
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 types 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;
7[* * *]
(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; 8[and]
8[(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).
(6)
Notwithstanding anything contained in the foregoing sub-rules, in
the case of a film which is imported,-
(a) the
applicant shall furnish the original or a certified copy of the
import licence together with the customs clearance permit and with
the customs clearance papers;
(b) where
there is a doubt or dispute about the validity or genuineness of the
documents referred to in clause (a), the Board may before the
application is considered refer such documents for ascertaining
their validity or genuineness to the authority which issued the
same; 9[* * *]
(c) the Board
shall not take any steps for certification of a film in a case where
any matter regarding the validity of the documents referred to in
clause (b) is pending before any court or any public authority until
the disposal of such matter by the 9A[court or authority;
and]
10[(d) such film shall not be examined by the
Board for certification for public exhibition in India unless the
Board is satisfied that the film is validly imported in accordance
with the import policy of the government.]
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 11[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 11[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):
11[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.
12[(5A) 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
5B(1) and the guidelines issued by government under section
5B(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 Schedule II 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
exhibitions, 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 where 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
11[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,
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:
13[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 runable 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 Schedule II
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.
14[(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 5A, 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
Schedule II) 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
purposes 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. Preservation of
film
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 1[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 expenses 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 numbers (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 60
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 Schedule II.
29. Validity of
certificate
(1) A
certificate granted by the Board under sub-section (1) of section 5A
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 2[Form IV, IVA, V, VA, VI, VIA, VII or
VIIA] set out in Schedule II, 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 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
6A
(1) The
manner of notification to the distributor or exhibitor for the
purpose of section 6A, 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:
1[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 applying 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 notification:
4[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 Schedule II
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
protecting 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
2[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 '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 2[Forms IV, IVA, V, VA, VI, VIA, VII or VIIA]
set out in Schedule II according as the film is fit or 'U' for 'UA'
or 'A' or, "S", 15[or 'UA', 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.
15[(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
Part I
-35 millimetres/ 70 millimetres film
(i) Rs. 20
per 300 metres or part thereof where the film does not exceed 600
metres in length.
(ii) Rs. 100
per 300 metres or part thereof where the film exceeds 600 metres in
length.
Part
II-16 millimetres films
(i) Rs. 20
per 120 metres or part thereof where the film does not exceed 240
metres in length.
(ii) Rs. 100
per 120 metres or part thereof where the film exceeds 240 metres in
length.
Part
III-8 millimetres/ super-8 films
(i) Rs. 20
per 60 metres or part thereof where the film does not exceed 120
metres in length.
(ii) Rs. 100
per 60 metres or part thereof where the film exceeds 120 metres in
length.
1[Part
III-A-Video films
(i) Rs. 40
per 10 minutes of duration or part thereof where the video film does
not exceed 20 minutes of duration;
(ii) Rs.200 for every l0 minutes of
duration or part thereof where the video film exceeds 20 minutes of
duration subject to a minimum of Rs. 600.]
Part
IV-Films classified as predominantly educational / educational /
children's films
(i) Rs. 20
per every 300 metres or part thereof in 35 millimetres or in 70
millimetres; or
(ii) Rs. 20
per every 120 metres or part thereof in 16 millimetres; or
(iii) Rs. 20
per every 60 metres or part thereof in 8 millimetres or super-8,
irrespective of the total length of the film;
1[(iv) Rs. 40 for every 10 minutes of duration or
part thereof in the case of video films:]
PROVIDED that
if a film the length of which exceeds 600 metres or 240 metres or
120 metres according as the film is in 35/ 70 millimetres or 16
millimetres or 8 millimetres/ super-8 1[and in the case
of a video film with duration of more than 20 minutes] and in
respect of which examination fee has been paid at the rate specified
above is, after examination, considered by the Board not to be
suitable for being certified as predominantly
educational/educational/children's film, the applicant shall
forthwith pay the balance of the examination fee that would have
been payable in respect of the film under Part I or Part II or Part
III 1[or Part III-A] as the case may be, of this
Table:
PROVIDED
FURTHER that if a certified film is claimed as predominantly
educational/ educational children's films and the applicant had paid
the examination fees that would have been payable in respect of film
under Part I or Part II or Part III 1[or Part III-A] as
the case may be, of this Table, then in the event of the film being
classified as predominantly educational/ educational/ children's
film, the fees shall be charged at the rate prescribed in this Part
and the balance of the fees shall be refunded to the applicant.
Part
V-Fees for examination for issue of a fresh certificate on expiry of
the old certificate.
Fees for the
examination of a film for a fresh certificate after expiry of the
old certificate shall be at the same rates as specified above in
Parts I, II, III, 1[IIIA], or IV, as the case may
be:
PROVIDED that
where the fresh certificate is granted without examination of the
film, the fee payable shall be at the rate of Rs. 10 per film where
it does not exceed 600 metres or 240 metres or 120 metres in length
according as the film is in 35 millimetres/ 70 millimetres or 16
millimetres or 8 millimetres/ super-8 1[and where it does
not exceed 20 minutes of duration in the case of video film] and at
the rate of Rs. 50 per film where the film exceeds 600 metres or 240
metres or 120 metres in length according as the film is in 35
millimetres/ 70 millimetres or 16 millimetres or 8 millimetres/
super-8 1[or where the video film exceeds 20 minutes of
duration:]
PROVIDED
FURTHER that where the film is classified as predominantly
educational/ educational/ children's film, the fee payable shall be
at the rate of Rs. 10 per film irrespective of the length or gauge
of the film.
Part
VI-Fee for examination for certifying alterations under Rule 33
(1) Fee for
the examination of a film for certifying alteration under rule 33
shall be calculated only with reference to the reel or reels
1[or cassette or cassettes], in which the portion or
portions excised, added, coloured 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 Rs. 10 per each endorsement.
(2) A fee of
Rs.10 shall be paid for a duplicate copy of the certificate.
(3) 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 25 per cent of the amount so
paid.
(4) In the
event of an applicant failing to present a runnable print before the
examining committee or the Revising Committee on the day and time
and at the place fixed for such examination, an additional fee of 25
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.
(5) 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.
(6) 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 rupees five per each
title of the 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.
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 8[Such
advertisements shall indicate only the certified title of a
film.]
39. Maintenance of
register
(1) The Board
shall 1[maintain] a register in which 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 exhausted;
(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 months.
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
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 to 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 periods 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 film if there be 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 not exceeding three years.
(3) Subject to the provisions of sub-rule
(1), every other member of the Appellate Tribunal shall hold office
for period of three years and shall continue to hold office until
his successor is appointed.
(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 him 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 this case of a retired Judge of 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 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 allowances 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 rate laid down in the following
table shall be payable along with every appeal petition preferred
under sub-section (2) of section 5C 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) above shall
be paid before another date and time for the preview of the film is
fixed.
(5) If, by
mistake, miscalculation or such other reasons, 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 of appeal has been
decided, refund to the applicant the amount so paid in excess.
SCHEDULE I:
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:
[Rule 21]
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 |
16[States of Bihar, West Bengal and the Union
Territories of Andaman and Nicobar Island,] |
17[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. |
18[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: 19[* *
*]
1. Till the
Bangalore/ Hyderabad/ Trivandrum regional office (s) are set up, the
films intended for those offices will continue to be presented at
Madras.
SCHEDULE II
FORM I: FORM OF
APPLICATION FOR CERTIFICATION FOR PUBLIC EXHIBITION OF A FILM
PRODUCED IN INDIA
[Rule
21(1)]
(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.
(2A) 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
Vide (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 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
*Score out
the word or words which are not applicable.
1[FORM IA : APPLICATION FOR
CERTIFICATION FOR PUBLIC EXHIBITION OF A VIDEO FILM PRODUCED IN
INDIA
[Rule21(1)]
(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 video film
(b) Language
of the video film
(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 video film is a newsreel/ documentary/ scientific/
educational/ feature/ advertisement video film.
(2A) Specify
the certificate requested: 'U', 'UA', 'A' or 'S'
(3) State separately the number of
negative and positive prints of the video film.
(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 video film 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 video film 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 video film
and not a copy of an already certified cinematograph film on
celluloid.
(d) Whether
the present video film is a dubbed version or remake of any other
video film? If so, state the particulars along with full details of
certificates issued to that video film.
(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 video film contains any dialogue/ commentary in any language
other than the language of the video film and, if so, specify the
language and the cassette in which they occur.
(5) Has any
previous application been made to certify this video 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 video film/ film been at anytime suspended or the
video film/ film declared uncertified by the Central or any State
Government? State particulars:
(7) Does the
video film 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.
vide (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. Telephone
No.:
(10) I
declare that the video film 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 video film 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.
Date
...................... Signature of applicant
*Score out
the word or words which are not applicable.]
FORM II :
APPLICATION FOR CERTIFICATE FOR PUBLIC EXHIBITION OF A FILM IMPORTED
INTO INDIA
[Rule21(1)]
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.
Vide (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.
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.
Date
.................. Signature of applicant
*Score out
the word or words which are not applicable.
1[FORM IIA : APPLICATION FOR
CERTIFICATION FOR PUBLIC EXHIBITION OF A VIDEO FILM IMPORTED INTO
INDIA
[Rule21(1)]
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 first
imported into India at ...........
................................
1.(a) Name of
the video film
(b) Language
of the video film
(c) Running
time of the video film ................ metre. Running time of the
video 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
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 video film is a *newsreel/ documentary/ scientific/
educational/ feature/ advertisement video film
3. State
separately, the number of negative and positive prints of the video
film:
(a) Imported
by the applicant (negative .................... positive
....................... )
(b) In the
applicant's possession (negative ................... positive
....................... )
4. (a)
Whether the video film 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 video film 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 video film
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 video film/ 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 video film been at any time suspended or the film
declared uncertified by the Central or any State Government? State
particulars:
7. Does the
video film 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 video
film ..................
(b) Number
and date of the import licence ..............................
(c) Date of
clearance through the Customs ..............................
11. Has the
video films/ films 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.
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.
Date....
Signature of applicant
*Score out
the word or words which are not applicable.]
FORM III
[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:
20[In the case of video films, instead of length
and number of reels, duration in minutes and number of cassettes may
be given.]
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)
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
*Score out
the word or words which are not applicable.
21[FORM IV
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM CERTIFICATION
THIS CERTIFICATE IS VALID FOR THEATRICAL RELEASE ONLY
PART I
[Rule 35(1)]
Certificate
No ................................................ Dated
...........................................................
Category
"U"
..............................................................................................................
Gauge mm
Film
....................................................................................................................
Gauge mm
Length
..................................................................
MTS reels
After
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 EXHIBITION
Further
certified that the excisions and modifications imposed by the Board
have actually been carried out.
Name of the
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications
FORM IV A
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM
CERTIFICATION
THIS CERTIFICATE IS VALID FOR
VIDEO FILMS ONLY
PART I
[Rule
35(1)]
Certificate
No ......................................... Dated
.......................................
Category
"V/U" .......................................
Film
....................Gauge mm......................... Length
.............. MTS Reels
After
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 VIDEO
Further
certified that the excisions and modifications imposed by the Board
have actually been carried out.
Name of the
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications:
FORM V
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM CERTIFICATION
THIS CERTIFICATE IS VALID FOR THEATRICAL RELEASE ONLY
PART I
[Rule 35(1)]
Certificate
No ............................................ Dated
.................
Category
"V/U"
...................................................................
Film
....................................... Gauge mm
............................. Length ........................ MTS
Reels
After
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
Further
certified that the excisions and modifications imposed by the Board
have actually been carried out.
Name of the
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications:
FORM VA
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM CERTIFICATION
THIS CERTIFICATE IS VALID FOR VIDEO FILMS ONLY
PART I
[Rule 35(1)]
Certificate
No ........................................... Dated
...............
Category
"V/A"
.............................................................
Film
............................... Gauge MM ..........................
Length ................ MTS Reels
After
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
VIDEO
Further
certified that the excisions and modifications imposed by the Board
have actually been carried out.
Name of the
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications:
FORM VI
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM CERTIFICATION
THIS CERTIFICATE IS VALID FOR THEATRICAL RELEASE ONLY
PART I
[Rule
35(1)]
Certificate
No.
..................................... Dated
....................
Category "UA "
.................................................................
Film
............................... Gauge MM ......................
Length ................................. MTS Reels
After
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:-
PARENTAL GUIDANCE
Further
certified that the excisions and modifications imposed by the Board
have actually been carried out.
Name of the
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications:
FORM VIA
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM CERTIFICATION
THIS CERTIFICATE IS VALID FOR VIDEO FILMS ONLY
PART I
[Rule
35(1)]
Certificate
No .................................... Dated
.......................
Category
"V/UA"
...............................................................
Film
........................................... Gauge MM
................................... Length ............... MTS
Reels
After
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
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications:
FORM VII
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM CERTIFICATION
THIS CERTIFICATE IS VALID FOR THEATRICAL RELEASE ONLY
PART I
[Rule
35(1)]
Certificate
No ........................................... Dated
.....................
Category "S "
...........................................................
Film
...................................... Gauge MM
................................. Length .................... MTS
Reels
After
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
Further
certified that the excisions and modifications imposed by the Board
have actually been carried out.
Name of the
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications:
FORM
VIIA
GOVERNMENT OF INDIA
CENTRAL BOARD OF FILM CERTIFICATION
THIS CERTIFICATE IS VALID FOR VIDEO FILMS ONLY
PART I
[Rule 35(1)]
Certificate
No ............................. Dated ....................
Category
"V/S" ........................................
Film
........................... Gauge MM .............................
Length .................................... MTS Reels
After
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 VIDEO
Further
certified that the excisions and modifications imposed by the Board
have actually been carried out.
Name of the
applicant
Name of the
producer
CHAIRMAN
PART II
Particulars
of excisions and modifications:
22[FORM VIII: REPORT OF MEMBER OF
EXAMINING/ REVISING COMMITTEE
CENTRAL BOARD OF FILM CERTIFICATION
[Rules
22(9) and 24(9)]
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
...................................................................................
(metres)/ running time .............................................
(minutes) reels ...................... cassette
................................ gauge .............................
Date of
examination ............................................. 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
modification |
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 ................
Note: 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
[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
Place: Name:
Date:
Address:
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 :COPY/
SCRIPT/ COMMENTARY/ TAPE RECORD OF COMMENTARY OF FILM
[Rule
28(7)]
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 reelwise length of the film as actually measured and
certified is given below:
Reel
No. |
Length in metres |
1. |
|
2. |
|
3. |
|
Total |
NB:-This
includes the length of the 'Interval' and 'End' pieces.
Signature of the applicant.