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 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 fictionalized story film exceeding 2000 meters 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 meters 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 meters in length in 35 mm or corresponding length in other gauges or on video;]

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.]

(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.

(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.

(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

(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.]

(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.

(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.

(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.]

(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.

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.

(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) 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.

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, authorize the regional officers to issue provisional certificates.]

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.]

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.

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).

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.

(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.

(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.

(1) These rules may be called the Cinematograph (Certification) Rules, 1983.

(2) They shall come into force on lst day of June, 1983.

(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.

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.]

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.

Unless otherwise directed by the Central Government, the headquarters of the Board shall be at Bombay.

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:]

(1) The Central Government shall constitute an advisory panel at each of the regional offices of the Board.

(2) An advisory panel constituted under sub-rule (1) shall consist of such number of members as the Central Government may, after consultation with the Board, determine.

(3) The Central Government may, after consultation with the Board, appoint any person whom it thinks fit to be a member of an advisory panel:

PROVIDED that the Central Government may dispense with such consultation in respect of such number of members not exceeding one-third of the total number of the members of the advisory panel, as that government thinks fit:

[PROVIDED FURTHER that there shall be due representation to women in an advisory panel.]

(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.

(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.

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.

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 traveling 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 unutilized 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.

(1) Every member of the advisory panel shall be entitled to draw traveling 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).]

(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.

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.

(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.

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.

At every meeting of the Board four members if the Chairman be present, and six members if he be absent, shall form a quorum.

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.

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.

(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 authorization 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 license 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.

(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 there from; 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.]

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.

(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 there from; 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.

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.

(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.

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 authorized officer of the National Film Archive of India, Poona for study and research.

(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 dispatch 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 dispatch 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 dispatch 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.

(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.

(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.

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.]

(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.

(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.

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.

(1) A certificate authorizing 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.]

(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 millimeters/ 70 millimeters film

(i) Rs. 20 per 300 meters or part thereof where the film does not exceed 600 meters in length.

(ii) Rs. 100 per 300 meters or part thereof where the film exceeds 600 meters in length.

Part II-16 millimeters films

(i) Rs. 20 per 120 meters or part thereof where the film does not exceed 240 meters in length.

(ii) Rs. 100 per 120 meters or part thereof where the film exceeds 240 meters in length.

Part III-8 millimeters/ super-8 films

(i) Rs. 20 per 60 meters or part thereof where the film does not exceed 120 meters in length.

(ii) Rs. 100 per 60 meters or part thereof where the film exceeds 120 meters 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 meters or part thereof in 35 millimeters or in 70 millimeters; or

(ii) Rs. 20 per every 120 meters or part thereof in 16 millimeters; or

(iii) Rs. 20 per every 60 meters or part thereof in 8 millimeters 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 meters or 240 meters or 120 meters according as the film is in 35/ 70 millimeters or 16 millimeters or 8 millimeters/ 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 meters or 240 meters or 120 meters in length according as the film is in 35 millimeters/ 70 millimeters or 16 millimeters or 8 millimeters/ 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 meters or 240 meters or 120 meters in length according as the film is in 35 millimeters/ 70 millimeters or 16 millimeters or 8 millimeters/ 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.

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 authorized 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 authorized 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.

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.]

(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.

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.

(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 scrutinize 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 there from 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:

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 defense 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 scrutinized 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.

(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.

(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 favorable 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.

(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]

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.

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. .............. /meter

(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 ..................... / meters.

Length of the film as shown in the CCP and/ or import license.

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 license ......................

(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 ................ meter. Running time of the video film as shown in the CCP and/ or import license. 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 license ..............................

(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 ................................................................................... (meters)/ 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 specialized 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)

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 meters/ feet.

2. If a scene or sequence is to be reduced to a flash, only 1/2 or 1 meter 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 meters 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 picturization. The correct reelwise length of the film as actually measured and certified is given below:

NB:-This includes the length of the 'Interval' and 'End' pieces.

Signature of the applicant.