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CINEMATOGRAPH ACT 1918

ACT NO. 2 OF 1918*1

[6th March, 1918.]

Short title extent and commencement.

1. Short title extent and commencement. (1) This Act may be called the Cinematograph Act, 1918.

2[(2) It extends to all Part A States and part States, and also to every Part B State, other than 3*** Jammu and Kashmir, in so far as it relates to the sanctioning of cinematograph films for exhibition.]

Definitions. 2. Definitions. In this Act, unless there is anything repugnant in the subject or context:- 4[" adult" means a person who has completed his eighteenth year;] 5["Authority" means the Authority constitute by the central Government under section 6;] "Cinematograph" includes any apparatus for the representation of moving pictures or series of pictures; "Place" includes also a house, building, 6[tent or any description of transport, whether by sea, land or air;] and "prescribed" means prescribed by rules made under this Act. ---------------------------------------------------------------------- 1 This Act has been repealed by the Cinematograph Act, 1952 (37 of 1952), s. 18 which reads thus: "The Cinematograph Act, 1918 (2 of 1918) is hereby repealed: Provided that in relation to Part A States and part B States the repeal shall have effect only in so far as the said Act relates to the sanctioning of cinematograph films for exhibition." The Act has been amended in the U. P. by the U. P. Act 7 of 1942; in Madhya Pradesh by Madhya Pradesh Act 17 of 1952; in Punjab by Punjab Act 11 of 1952; in Orissa by Orissa Act 2 of 1954 and in Andhra by Presidents' Act 4 of 1955. 2 Subs. by Act 62 of 1949, as amended by the A. O. 1950 for

the former sub-section (2). 3 The words "Hyderabad and" rep. by Act 3 of 1951. 4 Ins. by Act 39 of 1949, s. 2. 5 Ins. by Act 62 of 1949, s. 3. 6 Subs. by s. 3, ibid., for "tent or vessel". Repealed in its application to Bellary District by Mysore Act 14 of 1955. 2 1[2A. Rule of Construction in the application of Act to Part B States. In the application of this Act to any Part B State unless there is anything repugnant in the subject or context,- 2* * * * * * (b) references to the District Magistrate shall be construed as references to the corresponding authority in the Part B State; and 2* * * * * *

Cinematograph exhibitions to be licensed. 3. Cinematograph exhibitions to be licensed. Save as otherwise provided in this Act, no person shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under this Act, or otherwise than in compliance with any conditions and restrictions imposed by such licence.

Licensing authority. 4. Licensing authority. The authority having power to grant licences under this Act (hereinafter referred to as the "licensing authority") shall be the District Magistrate, or, in a presidency-town 3* * *, the Commissioner of Police: Provided that the State government may, by notification in the Official Gazette, constitute for the whole or any part of a State such other authority as it may specify in the notification to be the licensing authority for the purposes of this Act.

Restrictions on powers of licensing authority.

5. Restrictions on powers of licensing authority. (1) The licensing authority shall not grant a licence under this Act, unless it is satisfied that- (a) the rules made under the Act have been substantially complied with; and (b) adequate precautions have been taken in the place in respect of which the licence is to be given to provide for the safety of persons attending exhibitions therein.

4[(2) The grant of every licence shall be subject to the conditions that the licensee will not exhibit, or permit to be exhibited, in such place- (a) any film other than a film which has been certified by the Authority as suitable for unrestricted public exhibition or for public exhibition restricted to adults, and which, when exhibited, displays the prescribed mark of that ---------------------------------------------------------------------- 1 Ins. by Act 62 of 1949, s. 4, as amended by the A.O. 1950. 2 Cls. (a) and (c) omitted by the A. O. 1950. 3 The words "or in the town of Rangoon" rep. by the A.O. 1937.

4 Subs. by Act 62 of 1949, s. 5, for sub-sections (2) and (2A). 3 Authority, and has not been altered or tampered with in any way since such mark was affixed thereto; (b) any film which has been certified by the Authority as suitable for public exhibition restricted to adults to any person who is not an adult; (c) any film contrary to any directions that may be issued from time to time in this behalf by the Central Government under sub-section (2A); and such conditions shall be deemed to be inserted in every licence. (2A) 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.]

(3) Subject to the foregoing provisions of this section, and to the control of the State Government, the licensing authority may grant licences under this Act to such persons as it thinks fit, and on such terms and conditions and subject to such restrictions as it may determine.

Certification of films.

1[6. Certification of films. (1) The Central Government may, by notification in the Official Gazette, constitute an Authority in the prescribed manner for the purpose of examining and certifying films as suitable for unrestricted public exhibition or for public exhibition restricted to adults, and prescribe the manner in which the Authority shall exercise the powers conferred on it by this Act.

(2) If the Authority after examination considers that a film is suitable for unrestricted public exhibition or that, although not suitable for such exhibition, it is suitable for public exhibition restricted to adults, it shall grant to the person applying for a certificate in respect of the film a "U" certificate in the former case and an "A" certificate in the latter case, and shall in either case cause the film to be so marked in the prescribed manner, and any such certificate shall, save as hereinafter provided, be valid throughout the territories to which this Act extends.

(3) If the Authority of opinion that a film is neither suitable for unrestricted public exhibition nor for public exhibition restricted to adults, it shall inform the person applying for the certificate of its decision. ---------------------------------------------------------------------- 1 Ss. 6 to 11 were subs. for the original ss. 6 to 9 by Act 62 of 1949, s. 6 (from 15-1-51). 4

(4) Any person applying for a certificate, who is aggrieved by the decision of the Authority refusing to grant a certificate to grant only an "A" certificate, may, within thirty days from the date of such decision, appeal to the Central Government, and the Central Government may, after such inquiry as it considers necessary, pass such orders thereon as it thinks fit.

(5) If the Central Government rejects an appeal on the ground that a film is neither suitable for unrestricted public exhibition not for a public exhibition restricted to adults, it shall, by notification in the Official Gazette, direct that the film shall be deemed to be an uncertified film in the whole of the territories to which this Act extends.

(6) For the purpose of disposing of any appeal under this section, the Central Government may demand the exhibition of any film before any authority specified in this behalf.

(7) Notwithstanding anything contained in this Act, the Central Government may, of its own motion, by notification in the Official Gazette, direct that- (a) a certified film shall be deemed to be an uncertified film in the whole or any part of the territories to which this Act extends, or (b) a film in respect of which a "U" certificate has been granted shall be deemed to be a film in respect of which an "A" certificate has been granted. Explanation.- The grant of an "A" certificate in respect of any film shall not be deemed to prohibit the exhibition thereof to children below the age of three.

Power of State Government of local authority to suspend exhibition of films in certain cases. 1[7. Power of State Government of local authority to suspend

exhibition of films in certain cases. (1) The State Government, in respect of the whole State or any part thereof, and the District Magistrate or the Commissioner of Police, in respect of the district or town within his jurisdiction may, if it or he is of opinion that any film, which is being publicly exhibited, is likely to cause a breach of the peace, by order suspend the exhibition of any film, and during such suspension the film shall be deemed to be an uncertified film in the State or the district or town, as the case may be.

(2) Where an order under sub-section (1) has been issued by a District Magistrate or a Commissioner of Police, a copy thereof, together with a statement of reasons therefore, shall forthwith be forwarded by the person making the same to the State Government and the State Government may either confirm or discharge the order. ---------------------------------------------------------------------- 1 See footnote to s. 6. 5

(3) No order made under this section shall remain in force for more than two months, but the State Government may, if it is of opinion that any such order should continue in force for a further period, refer the matter to the Central Government for decision.

(4) On receipt of any reference under sub-section (3), the Central Government may, by notification in the Official Gazette, direct that the period of suspension shall be extended by such further period as it thinks fit or that the film shall be deemed to e an uncertified film in the whole or any part of the territories to which this Act extends.

Penalties.

1[8. Penalties. (1) 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 Act or the rules made thereunder, or of the conditions and restrictions upon, or subject to, which any licence has been granted under this Act, 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, and his licence, if any, shall be liable to be revoked by the licensing authority.

(2) The exhibition of a film contrary to any order or direction

under sub-section (5) or sub-section (7) of section 6 or section 7 shall, in the area to which such order or direction relates, be deemed

to be a contravention of the conditions mentioned in sub-section (2) of section 5 and shall be punishable as provided in this section.

(3) If any person is convicted of an offence punishable under this Act committed by him in respect of any film, the convicting Court may further direct that the film shall be forfeited to the Government.

Power to make rules.

1[9 Power to make rules. (1) The Central Government may make rules 2 for the purpose of carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for- (a) the manner in which the Authority shall be constituted; (b) the delegation of any of the powers of the Authority to such person or persons as the Authority may nominate in this behalf; (c) the procedure of the Authority for examining and certifying films as suitable for public exhibition, and all matters ---------------------------------------------------------------------- 1 See footnote to s. 6. 2 For the Cinematograph (Censorship) Rules, 1951, see Gazette of India, 1951, Extraordinary, pt. II, See. 3, p. 1. 6 ancillary thereto and the fees to be levied by such Authority; (d) the appointment of officers subordinate to the Authority and the regulation of the powers and duties of such officers; (e) the conditions subject to which may certificate may be granted under this Act or the circumstances in which any certificate shall be refused; (f) the manner in which any appeal under this Act may be preferred; (g) any other matter which by this Act is to be prescribed.

(3) The State Government may make rules to provide for the regulation of cinematograph exhibitions for securing the public safety.

(4) All rules made under this Act shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Act.

(5) All rules made by the Central Government under this Act shall be laid before 1[parliament] as soon as may be after they are made.

Power to give directions. 2 10. Power to give directions. The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions contained in this Act or of any rules or orders made thereunder.

Power to exempt. 2 11. Power to exempt. The Central Government may, by order in writing, exempt 3, 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 Act or of any rule made thereunder.] ---------------------------------------------------------------------- 1 Subs. by the A. O. 1950 for "the Dominion Legislature". 2 See footnote to s. 6. 3 For such general exemptions, see Gazette of India, 1952, Pt. II, Sec. 3, pp. 1978 and 1580. ----------------------------------------------------------------------