Cinematograph Act, 1952

(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.]

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.]

(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 twenty five] other members appointed by the Central Government. (2) The Chairman of the Board shall receive such salary and allowances as may be determined by the Central Government, and the other members shall receive such allowances or fees for attending the meetings of the Board as may be prescribed. (3) The other terms and conditions of service of the members of the Board shall be such as may be prescribed.

(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.

(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.

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.

(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 judgment, 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.

(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 authorized 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.]

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 .

Save as otherwise provided in this Part, no person shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under this Part or otherwise than in compliance with any conditions and restrictions imposed by such license.

The authority having power to grant licenses under this Part (hereinafter referred to as the licensing authority) shall be the District Magistrate: PROVIDED that the State Government may, by notification in the Official Gazette, constitute, for the whole or any part of a Union territory, such other authority as it may specify in the notification to be the licensing authority for the purposes of this Part.

(1) The licensing authority shall not grant a license under this Part, unless it is satisfied that- (a) the rules made under this Part have been substantially complied with, and (b) adequate precautions have been taken in the place, in respect of which the license is to be given, to provide for the safety of persons attending exhibitions therein. (2) Subject to the foregoing provisions of this section and to the control of the State Government, the licensing authority may grant licenses under this Part to such persons as that authority thinks fit and on such terms and conditions and subject to such restrictions as it may determine. (3) Any person aggrieved by the decision of a licensing authority refusing to grant a license under this Part may, within such time as may be prescribed, appeal to the State Government or to such officer as the State Government may specify in this behalf and the State Government or the officer, as the case may be, may make such order in the case as it or he thinks fit. (4) The Central Government may, from time to time, issue directions to licensees generally or to any licensee in particular for the purpose of regulating the exhibition of any film or class of films, so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited, and where any such directions have been issued those directions shall be deemed to be additional conditions and restrictions subject to which the license has been granted.

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 there for, 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.

If the owner or person in charge of a cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used in contravention of the provisions of this Part or of the rules made thereunder , or of the conditions and restrictions upon or subject to which any license has been granted under this Part, he shall be punishable with fine which may extend to one thousand rupees and, in the case of a continuing offence, with a further fine which may extend to one hundred rupees for each day during which the offence continues.

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

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 licenses may be granted under this Part; (b) providing for the regulation of cinematograph exhibitions for securing the public safety; (c) prescribing the time within which and the conditions subject to which an appeal under sub-section (3) of section 12 may be preferred. 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.]

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 .

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.