[21st March, 1952.]
An Act to make provision for the certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematographs.
BE it enacted by Parliament as follows:—
PART I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Cinematograph Act, 1952.
[5][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 (26 of 1973), as the Central Government may, by notification in the Official Gazette, appoint.]
STATE AMENDMENTS
Ladakh (UT).—
Section 1.—In sub-section (3), omit the proviso.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 3774(E), dated (23-10-2020).]
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adult” means a person who has completed his eighteenth year;
[6][(b) “Board” means the Board of Film Certification constituted by the Central Government under section 3;]
[7][(bb) “certificate” means the certificate granted by the Board under section 5A;]
[9][(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;
[10]* * * * *.]
2A. [Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir.]—Omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).
PART II
CERTIFICATION OF FILMS FOR PUBLIC EXHIBITION
3[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 4[Board of Film Certification] which shall consist of a Chairman and 5[not less than twelve and not more than twenty-five] other members appointed by the Central Government.
([11]) 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.
([12][13][14]) 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,—
[16][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]
[17][(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]
9[(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 [18][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.
5A. Certification of films.—[19][(1) If, after examining a film or having it examined in the prescribed manner, the Board considers that—
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).]
5B. Principles of 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 [20][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.
[21][5C. Appeals.—(1) Any person applying for a certificate in respect of a film who is aggrieved by any order of the Board—
Provided that the 2[High Court] 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.
[23]* * * * *
5D. [Constitution of Appellate Tribunal].--Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 9 (w.e.f. 4-4-2021).
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—
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 [24] [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, [25]*** 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:
[26][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.]
Provided that no direction issued under clause (c) shall remain in force for more than two months from the date of the notification.
[27][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. [Offences to be cognizable]—Omitted by the Cinematograph (Amendment) Act, 1984 s. 2 (w.e.f. 27-8-1984).
7. Penalties for contraventions of this Part.—[28][(1) If any person— (a) exhibits or permits to be exhibited in any place—
[31][(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]
4[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]:
1[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:
1[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.]
[33][7A. Power of seizure.—(1) Where a film in respect of which no certificate has been granted under this Act is exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to any person who is not an adult or a film is exhibited in contravention of any of the other provisions contained in this Act or of any order made by the Central Government [34][, the [35][High Court]] or the Board in the exercise of any of the powers conferred on it, any police officer may, [36]*** 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 [37][Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches.
7B. Delegation of powers by Board.—[38][(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, [39][in relation to the certification of the films under this Part] and subject to such condition, 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.
[40][(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.]
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 [41][, the 4[High Court] ] or the Board may require any film to be exhibited before it or before [42][any person or authority] specified by it in this behalf.
7D. Vacancies, etc., not to invalidate proceeding.—No act or proceeding of [43]***, 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 6*** 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 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 [44][the Central Government, 12*** the Board], advisory panel or any officer or member of [45][the Central Government, 12*** 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.]
[46][(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for—
[47]* * * * *;
[48][(3) Every rule made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
PART III
REGULATION OF EXHIBITIONS BY MEANS OF CINEMATOGRAPHS
Provided that the State Government may, by notification in the Official Gazette, constitute, for the whole or any part of a [49][Union territory], such other authority as it may specify in the notification to be the licensing authority for the purposes of this Part.
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 [50][whole or any part of a Union territory], and the District Magistrate in respect of the district within his jurisdiction, may, if he is of opinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the film and during such suspension the film shall be deemed to be an uncertified film in the State, part or district, as the case may be.
[52][(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.
PART IV
REPEAL
Provided that in relation to Part A States and Part B States the repeal shall have effect only in so far as the said Act relates to the sanctioning of cinematograph films for exhibition.
[1] . This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule.
Parts I and II of the Act shall come into force in the State of Jammu and Kashmir (w.e.f. 1-5-1974): vide notification No. G.S.R. 183(E), dated 23-4-1974.
Part III of the Act shall come into force in the Union territory of Arunachal Pradesh on (w.e.f. 1-10-1984): vide notification No. S.O. 757(E), dated 29-10-1984.
[2] . The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1973, s. 2.
[3] . Subs. by Act 3 of 1959, s. 2, for “Part C States”.
[4] . 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3.
[5] . The proviso added by Act 25 of 1973, s. 2.
[6] . Subs. by Act 49 of 1981, s. 2, for clause (b) (w.e.f. 1-6-1983).
[7] . Ins. by s. 2, ibid. (w.e.f. 1-6-1983).
[8] . Ins. by Act 3 of 1959, s. 3.
[9] . Ins. by Act 49 of 1981, s. 2 (w.e.f. 1-6-1983).
[10] . Clause (h) omitted by Act 33 of 2021, s. 9 (w.e.f.4-4-2021).
[11] . Subs. by Act 3 of 1959, s. 4, for sections 3 to 6.
[12] . Subs. by Act 49 of 1981, s. 3, for “Board of Film Censors” (w.e.f. 1-6-1983).
[13] . Subs. by s. 3, ibid., for “not more than nine” (w.e.f. 1-6-1983).
[14] . The word “or” omitted by s. 4, ibid. (w.e.f. 1-6-1983).
[15] . The proviso added by s. 4, ibid. (w.e.f. 1-6-1983).
[16] . Ins. by s. 4, ibid. (w.e.f. 1-6-1983).
[17] . Subs. by s. 4, ibid., for clause (iii) (w.e.f. 1-6-1983).
[18] . Subs. by Act 49 of 1981, s. 4, for “clause (ii), clause (iii) or clause (iv)” (w.e.f. 1-6-1983).
[19] . Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 1-6-1983).
[20] . Ins. by s. 6, ibid. (w.e.f. 1-6-1983).
[21] . Subs. by Act 49 of 1981, s. 7, for section 5C (w.e.f. 1-6-1983).
[22] . Subs. by Act 33 of 2021, s. 9, for “Tribunal” (w.e.f. 4-4-2021).
[23] . Sub-section (2) omitted by s. 9, ibid. (w.e.f. 4-4-2021).
[24] . Subs. by Act 49 of 1981, s. 9, for “may at any stage” (w.e.f. 1-6-1983).
[25] . The words and brackets “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)” omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021).
[26] . Ins. by Act 49 of 1981, s. 9, (w.e.f. 1-6-1983).
[27] . Ins. by Act 19 of 1953, s. 3 (w.e.f. 1-6-1983).
[28] . Subs. by Act 49 of 1981, s. 4, for sub-section (1).
[29] . Ins. by s. 11, ibid., (w.e.f. 1-6-1983).
[30] . The word “or” omitted by s. 11, ibid. (w.e.f. 1-6-1983).
[31] . Subs. by Act 56 of 1984, s. 3, for certain words (w.e.f. 29-8-1984).
[32] . Ins. by Act 49 of 1981, s. 11 (w.e.f. 1-6-1983).
[33] . Ins. by Act 3 of 1959, s. 5.
[34] . Ins. by Act 49 of 1981, s. 12 (w.e.f. 1-6-1983).
[35] . Subs. by Act 33 of 2021, s. 9, for “Tribunal” (w.e.f. 4-4-2021).
[36] . Certain words omitted by Act 49 of 1981, s. 12 (w.e.f. 1-6-1983).
[37] . Subs. by s. 12, ibid., for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-6-1983).
[38] . Section 7B re-numbered as sub-section (1) thereof by s. 13, ibid. (w.e.f. 1-6-1983).
[39] . Subs. by s. 13, ibid., for “in relation to such matters” (w.e.f. 1-6-1983).
[40] . Ins. by s. 13, ibid. (w.e.f. 1-6-1983).
[41] . Ins. by s. 14, ibid. (w.e.f. 1-6-1983).
[42] . Subs. by s. 14, ibid., for “any person” (w.e.f. 1-6-1983).
[43] . The words “the Tribunal” omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021).
[44] . Subs. by Act 49 of 1981, s. 17, for “the Central Government, the Board” (w.e.f. 1-6-1983).
[45] . Subs. by s. 17, ibid., for “the Central Government, Board or” (w.e.f. 1-6-1983).
[46] . Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
[47] . Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021).
[48] . Subs. by Act 25 of 1973, s. 4, for sub-section (3).
[49] . Subs. by Act 58 of 1960, s. 3 and Schedule II, for “Part C State”.
[50] . Subs. by Act 58 of 1960, s. 3 and Schedule II, for “whole Part C State or any part thereof”.
[51] . Section 16 re-numbered as sub-section (1) thereof by Act 49 of 1981, s. 19 (w.e.f. 1-6-1983).
[52] . Ins. by s. 19, ibid. (w.e.f. 1-6-1983).