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The Press and Registration of Books Act, 1867

[ACT NO. 25 OF 1867]

[22nd March, 1867]

An Act for the regulation of Printing presses and Newspapers, for the preservation of copies of books 2[and newspapers] printed in 3[India], and for the registration of such books 2[and newspapers].

WHEREAS it is expedient to provide for the regulation of printing-

Presses and of 4[newspapers], for the preservation of 5[* * *] copies of 6[every boc4c and newspaper printed in India and for the registration of such books and newspapers];

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1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).

For Statement of Objects and Reasons, see Gazette of India, 1867 P. 191; and for Proceedings in Council, see Gazette of India, Supplement, pp. 72, 156 and 299.

This Act was declared by the Laws Local Extent Act, 1874 (15 of 1874), sec. 3 to be in force in all the Provinces of India, except the Scheduled Districts.

It has been applied to the Santhal Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), see. 3; to the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), sec. 3 and Sch.; and to the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), sec. 3 and Sch.

It has been extended to Goa, Daman and Diu with modifications by Regulation 12 of 1962, sec. 3 and Sch.; to Dadra and Nagar Haveli by Regulation 6 of 1963, sec. 2 and Sch. I (w.e.f. 1-7-1965) and to Pondicherry by Regulation 7 of 1963, sec. 3 and Sch. I (w.e.f. 1-10-1963).

It has been applied by notification under sec. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to the following Scheduled Districts, namely:-

The Territory of Penit, see Gazette of India, 1887, Pt. 1, p.,144 (Peint is now no longer a Scheduled District, and all the enactments in force in the Nasik District of the Bombay Presidency, among them Act 25 of 1867, are now in force in this territory), see the Peint Laws Act, 1894 (Bom. Act 2 of 1894);

The Island of Perim, see Gazette of India, 1887, Pt. I, p. 5;

That portion of the Jalpaiguri District which was formerly the Jalpaiguri Sub-division and now forms the western portion of the District of Jalpaiguri and extends as far east as the Teesta River, the hills west of the Teesta River in the District of Darji1ling, the Darjiling Tarai, the Damson Sub-division of the Darjiling District, the Districts of Hazaribagh, Lohardaga [now called the Ranchi District, see Calcutta Gazette, 1899, Pt. I. p.44] and Manbhum, and Paragana Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. I, pp. 74 and 504; the Western Duars of the Jaipaiguri District, see Gazette of India 1910, Pt. I, P. 1160;

The Districts of Kumaon and Garhwal, see Gazette of India, 1876, Pt. 1. P. 605;

The scheduled portion of the Mirzapur District, see Gazette of India, 1879, Pt. I, p. 383;

Pargana Jaunsar Bawar in the Dehra Dun District, see Gazette of India, 1897, Pt, I, p. 382;

The Districts of Kamrup, Nowgong, Darrang, Sibsagar, Lakimpur, Golpara (excluding the Eastern Duars) and Cachar (excluding the North Cachar Hills), see Gazette of India, 1878, Pt. I, P. 533;

The Garo Hills, the Khasi and Jaintia Hills, the Naga Hills, the North Cachar Hills in the Cachar District, and the Eastern Duars in the Goalpara District, see Gazette of India, 1897, Pt. I, P. 299.

It has been declared by notification under sec. 3(b) of the Scheduled Districts Act, 1874 (14 of 1874) not to be in force in the Scheduled District of Lahaul in the Punjab, see Gazette of India, 1886, Pt. 1, P. 301

It has been extended, by notification under sec. 5 of the Scheduled Districts Act, 1874 (14 of 1874), to the Tarai District of the Province of Agra, see Gazette of India, 1876 Pt. 1, P. 506, to the District of Coorg, see Gazette of India 1918, Pt. 11, P. 1730.

It has also been extended to Berar by the Berar Laws Act, 1941 (4 of 1941).

It has been amended in its application to Andhra by Andhra Act 8 of 1960;Madras by Madras Acts 24 of 1948 and 14 of 1960, and

Punjab by Punjab Acts 14 of 1942, 25 of 1950 and 15 of 1957; Mysore by Mysore Act 10 of 1972; and Himachal Pradesh by Himachal Pradesh Act 17 of 1974.

2. Ins. by Act 55 of 1955, sec. 2 (w.e.f. 1-7-1956).

3. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the whole of India except Part B States”.

4. Subs. by Act 35 of 1950, sec. 3 and Sch. 11, for “periodicals containing news”.

5. The word “three” omitted by Act 10 of 1890 sec. 1.

6. Subs. by Act 55 of 1955, sec. 3, for “every book printed or lithographed in India and for the registration of such books” (w.e.f 1-7-1956).

It is hereby enacted as follows: –

Section 1. Interpretation-clause

1[(1)] In this Act, unless there shall be something repugnant in the subject or context, –

“Book” includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed 2[* * *]

3[* * *]

4[“Editor” means the person who controls the selection of the matter that is published in a newspaper;]

5[* * *]

“Magistrate” means any person exercising the full powers of a 6Magistrate, and includes a 7Magistrate of police 8[* * *];

9[“Newspaper” means any printed periodical work containing public news or comments on public news;]

10[* * *]

11[“Paper” means any document, including a newspaper, other than a book;

“Prescribed” means prescribed by rules made by the Central Government under section 20A;

“Press Registrar” means the Registrar of newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar;

“Printing” includes cyclostyling and printing by lithography;

“Register” means the Register of newspapers maintained under section 19B.]

12[(2) Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law in force in that State.]

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1. Section 1 re-numbered as sub-section (1) thereof by Act 16 of 1965, sec. 2 (w.e.f 1-1 1-1965).

2. The words “or lithographed” omitted by Act 55 of 1955, sec. 4 (w.e.f 1-7-1956).

3. Definition of “British India” rep. by the A.0. 1937 see now the definition in sec. 3 (5) of the General Clauses Act, 1897 (10 of 1897).

4. Ins. by Act 14 of 1922, sec. 3 and Sch. 1.

5. Definition of ‘India” omitted by Act 16 of 1965, sec. 2 (w.e.f. 1-1 1-1965).

6. Now Magistrate of the first class, see the Code of Criminal Procedure, 1973 (2 of 1974).

7. Now Presidency Magistrate, see Code of Criminal Procedure, 1973 (2 of 1974).

8. The words “and a Justice of the Peace” rep. by Act IO of 1890, sec.2.

9. Ins. by Act 14 of 1922, sec.3 and Sch, 1.

10. Paragraphs relating to the definitions of “Number” and “Gender” rep. by Act 10 of 1914, sec.3 and Sch. 11; definition of “Local Government” rep. by the A.0. 1937 and the definition of “States” ins. by the A.0. 1950 was rep. by Act 3 of 195 1, sec.3 and Sch.

11. Ins. by Act 55 of 1955, sec. 4 (w.e.f. 1-7-1956).

12. Ins. by Act 16 1965, sec.2 (w.e.f 1-1 1-1965).

Section 2. Repeal of Act 11 of 1835

[Rep. by the Repealing Act, 1870 (14 of 1870), sec. 1 and Sch., Pt. II.]

Section 3. Particulars to be printed on books and papers

Every book or paper printed within 1[India] shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published) 2[the name] of the publisher, and the place of publication.

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1. Subs. by Act 3 of 1951, sec.3 and Sch., for “the States”.

2. Ins. by Act 12 of 1891, sec.2 and Sch. 11, Pt. I.

Section 4. Keeper of printing press to make declaration

1[(1)] No person shall within 2[India], keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before 3[the District, Presidency or Sub divisional Magistrate] within whose local jurisdiction such press may be:

“I, A.B., declare that I have a press for printing at. –

And this last blank shall be filled up with a true and precise description of the place where such press may be situate.

4[(2)] As often as the place where a press is kept is changed, a new declaration shall be necessary:

Provided that where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the Magistrate referred to in sub-section (1), no new declaration shall be necessary if-

(a) A statement relating to the change is furnished to the said Magistrate within twenty four hours thereof, and

(b) The keeper of the press continues to be the same.]

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1. Section 4 re-numbered as sub-section (1) of that section by Act 55 of 1955, sec.5 (w.e.f. 1-7-1956).

2. Subs. by Act 3 of 1951, sec.3 and Sch., for “the States”.

3. Subs. by Act 56 of 195 1, sec.36, for “the Magistrate” (w.e.f. 1-2-1952).

4. Ins. by Act 55 of 1955, sec.5 (w.e.f. 1-7-1956).

Section 5. Rules as to publication of newspapers

No 1[newspaper] shall be published in 2[India], except in conformity with the rules hereinafter laid down:

3[(1) Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.]

4[(2)] The printer and the publisher of every such 5[newspaper] shall appear 6[in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published and shall make and subscribe, in duplicate, the following declaration:

“I A.B., declare that I am the printer (or publisher, or printer and publisher) of the 5[newspaper] entitled – 7[and to be printed or published, or to be printed and published], as the case may be at-”.

And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.

8[(2A) Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed.]

9[(2B) Where the printer or publisher of a newspaper making a declaration under rule (2) is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompained by an authority in writing from the owner authorising such person to make and subscribe such declaration.

(2C) A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be necessary before the newspaper can be published.

(2D) Where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.

(2E) As often as the ownership of a newspaper is changed, a new declaration shall be necessary.]

10[(3)] As often as the place of printing or publication is changed; a new declaration shall be necessary:

11[Provided that where the change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of the Magistrate referred to in rule (2), no new declaration shall be necessary if-

(a) A statement relating to the change is furnished to the said Magistrate within twenty four hours thereof, and

(b) The printer or publisher or the printer and publisher of the newspaper continues to be the same.]

12[(4)] As often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave India for a period exceeding ninety days or where such printer or publisher is by infinity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary.]

11[(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication-

(a) Within six weeks 13[of the authentication of the declaration under section 6], in the case of a newspaper to be published once a week or oftener; and

(b) Within three months 13[of the authentication of the declaration under section 6], in the case of any other newspaper,

And in every such case, a new declaration shall be necessary before the newspaper can be published.

(6) Where, in any period of three months, any daily, tri-weekly, bi-weekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.

(7) Where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be re-published.

(8) Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a new declaration is made and subscribed in respect of the same:]

14[Provided that no person 15[who does not ordinarily reside in India, or] who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper.]

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1. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for certain words.

2. Subs. by Act 3 of 195 1, sec. 3 and Sch., for “the States”.

3. Subs. by Act 26 of 1960, sec. 2, for rule (1) (w.e.f 1-10-1960) which was ins. by Act 14 of 1922, sec. 3 and Sch. 1.

4. Rule (1) re-numbered as rule (2) by Act 14 of 1922, sec. 3 and Sch. 1.

5. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “periodical work”.

6. The words “, or such printer or publisher resides,” omitted by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).

7. Subs. by Act 55 of 1955, sec. 6, for certain words (w.e.f. 1-7-1956).

8. Ins. by Act 55 of 1955, sec. 6 (w.e.f. 1-7-1956).

9. Ins. by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).

10. Rule (2) re-numbered as rule (3) by Act 14 of 1922, sec. 3 and Sch, 1.

11. Ins. by Act 55 of 1955, sec. 6 (w.e.f 1-7-1956).

12. Subs. by Act 26 of l960, sec.2 for rule (4) (w.e.f 1-10-1960), which had been re-numbered for the original rule (3) by Act 14 of 1922, see. 3 and Sch. 1.

13. Subs. by Act 26 of 1960, sec. 2, for “of the declaration” (w.e.f. 1-10- 1960).

14. Ins. by Act 14 of 1922, sec. 3 and Sch. 1

15. Ins. by Act 26 of 1960, sec. 2 (w.e.f I- I 0- 1 960).

Section 5 A. Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period

1[Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period. (1) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. I of S. 1989) shall keep the press in his possession for the printing of books or papers 2[after the 31st day of December 1968, unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.

(2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press Publications Act, S. 1989 (Jammu and Kashmir Act, No. I of S. 1989) shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration 2[after the 31st day of December, 1968 unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that newspaper under rule (2) of the rules laid down in section 5 of this Act.]

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1. Ins. by Act 16 of 1965, sec. 3 (w.e.f. 1-1 1-1965).

2. Subs. by Act 30 of 1968, sec. 2, for certain words (retrospectively).

Section 6. Authentication of declaration

Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official sea of the Magistrate before whom the said declaration shall have been made:

1[Provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the Magistrate 2[is, on inquiry from the Press Registrar, satisfied] that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State.]

Deposit. -One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or 3[other principal Civil Court of original jurisdiction for the place where] the said declaration shall have been made.

Inspection and supply of copies. -The Officer-in -charge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which has the custody of the original, on payment of a fee of two rupees.

4[A copy of the declaration attested by the official seal of the Magistrate, or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the declaration and also to the Press Registrar.]

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1. Ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).

2. Subs. by Act 26 of 1960, sec. 3, for certain words (w.e.f. 1-10-1960).

3. Subs. by Act 10 of 1890, sec. 3, for certain words.

4. Subs. by Act 26 of 1960, see. 3, for the fourth paragraph (w.e.f 1-1 0-1960), which was ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).

Section 7. Office copy of declaration to be prima-facie evidence

In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some Court empowered by this Act to have the custody of such declarations, 1[or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor] shall be held (unless the contrary be proved) to be sufficient evidence, as against the person whose name shall be subscribed to such declaration, 1[or printed on such newspaper, as the case may be] that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every 2[newspaper] whereof the title shall correspond with the title of the 2[newspaper] mentioned in the declaration, 1[for the editor of every portion of that issue of the newspaper of which a copy is produced].

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1. Ins. by Act 14 of 1922, sec. 3 and Sch. 1.

2. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “periodical work”.

Section 8. New declaration by persons who have signed a declaration and subsequently ceased to be printers or publishers

3[If any person has subscribed to any, declaration in respect of a newspaper under section 5 and the declaration has been authenticated by a Magistrate under section 6 and subsequently that person ceases to bertha printer or publisher of the newspaper mentioned in such declaration, he shall appear before any District, Presidency or Sub-divisional Magistrate, and make and subscribe in duplicate the following declaration: –

“I, A.B., declare that I have ceased to be the printer or publisher or printer and publisher of the newspaper entitled.–]

Authentication and filing. -Each original of the latter declaration shall be authenticated by the signature and seal of the Magistrate before whom the said latter declaration shall have been made, and one original of the said latter declaration shall be filed along with each original of the former declaration.

Inspection and supply of copies. -The Officer-in-charge of each original of the latter declaration shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration, attested by the seal of the Court having custody of the original, on payment of a fee of two rupees.

Putting copy in evidence. -In all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it shall be lawful to put in evidence a copy, attested as is aforesaid, of the latter declaration, and the former declaration shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter declaration, printer or publisher of the 1[newspaper] therein mentioned.

2[A copy of the] after declaration attested by the official seal of the Magistrate shall be forwarded to the Press Registrar.]

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1. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “periodical work”.

2. Ins. by Act 55 of 1955, sec. 8 (w.e.f. 1-7-1956).

3. Subs. by Act 55 of 1955, sec. 8, for the first paragraph (w.e.f. 1-7-1956).

Section 8 A. Person whose name has been incorrectly published as editor may make a declaration before a Magistrate

1[Person whose name has been incorrectly published as editor may make a declaration before a Magistrate. If any person, whose name has appeared as editor on a copy of a newspaper, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a District, Presidency or Sub-Divisional Magistrate and make a declaration that his name was incorrectly published in that issue as that of the editor thereof, and if the Magistrate after making such inquiry or causing such inquiry to be made as he may consider necessary is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given the provisions of section 7 shall not apply to that person in respect of that issue of the newspaper.

The Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period.]

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1. Ins. by Act 14 of 1922, sec. 3 and Sch. 1.

Section 8 B. Cancellation of declaration

1[Cancellation of declaration. If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that-

(i) The newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this Act or rules made thereunder; or

(ii) The newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State; or

(iii) The printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration; or

(iv) The declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work, which is not a newspaper;

The Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and a] so to the Press Registrar.

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1. Ins. by Act 26 of 1960, sec. 4 (w.e.f. 1-10-1960).

Section 8 C. Appeal

(1) Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or cancelling a declaration under section 8B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board 1[consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978 (37 of 1978), from among its members]:

Provided that the Appellate Board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the Magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against.

(3) Subject to the provisions contained in sub-section (2), the Appellate Board may, by order, regulate its practice and procedure.

(4) The decision of the Appellate Board shall be final.]

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1. Subs. by Act 37 of 1978, scc. 27, for certain words.

Section 9. Copies of books printed after commencement of Act to be delivered gratis to Government

1[PART III

DELIVERY OF BOOKS

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1. Subs. by Act 10 of 1890, sec. 4, for the original Part III.

Printed 1[* * *] copies of the whole of every book which shall be printed 1[* * *] in 2[India] after this Act shall come into force, together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same, shall, notwithstanding any agreement (if the book be published) between the printer and publisher thereof, be delivered by the printer at such place and to such officer as the State Government shall, by notification in the Official Gazette, from time to time direct, and free of expense to the Government, as follows, that is to say:-

(a) In any case, within one calendar month after the day on which any such book shall first be delivered out of the press, one such copy, and,

(b) If within one calendar year from such day the State Government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition shall be made by the State Government on the printer, another such copy, or two other such copies, as the State Government may direct.

The copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book shall be printed 3[* * *].

The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid.

Nothing in the former part of this section shall apply to-

(i) Any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this Act, or

(ii) Any 4[newspaper] published in conformity with the rules laid down in section 5 of this Act.

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1. The words “or lithographed” omitted by Act 55 of 1955, sec. 9 (w.e.f. 1-7-1956).

2. Subs. by Act 3 of 195 1, sec. 3 and Sch., for “the States”.

3. The words “or lithographed” omitted by Act 55 of 1955, sec. 9 (w.e.f 1-7-1956).

4. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “periodical work”.

Section 10. Receipt for copies delivered under section 9

The officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt in writing there for.

Section 11. Disposal of copies delivered under section 9

The copy delivered pursuant to clause (a) of the first paragraph of section 9 of this Act shall be disposed of as the State Government shall from time to time determine.

Any copy or copies delivered pursuant to clause (b) of the said paragraph shall be 1[transmitted to the Central Government].

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1. Subs. by the A.0. 1948, for certain words.

Section 11 A. Copies of newspapers printed in India to be delivered gratis to Government

1[Copies of newspapers printed in India to be delivered gratis to Government. The printer of every newspaper in 2[India] shall deliver at such place and to such officer as the State Government may, by notification in the Official Gazette, direct, and free of expense to the Government, two copies of each issue of such newspaper as soon as it is published.]

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1. Ins. by Act 14 of 1922, sec. 3 and Sch. 1.

2. Subs. by Act 3 of 195 1, sec. 3 and Sch., for “the States”.

Section 11 B. Copies of newspapers to be delivered to Press Registrar

1[Copies of newspapers to be delivered to Press Registrar. Subject to any rules that may be made under this Act, the publisher of every newspaper in India shall deliver free of expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published.]

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1. Ins. by Act 55 of 1955, sec. 10 (w.e.f. 1-7-1956).

Section 12. Penalty for printing contrary to rule in section 3

Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this Act, shall, on conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, or by simple imprisonment for a term not exceeding 2[six months], or by both.

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1. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “five thousand”.

2. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “two years”.

Section 13. Penalty for keeping press without making declaration required by section 4

Whoever shall keep in his possession any such press as aforesaid, 3[In contravention of any of the provisions contained in section 4 of this Act], shall, on conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, or by simple imprisonment for a term not exceeding 2[six months] or by both.

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1. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “five thousand”.

2. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “two years”.

3. Subs. by act 55 of 1955, sec. 11, for “without making such a declaration as is required by section 4 of this Act” (w.e.f. 1-7-1956).

Section 14. Punishment for making false statement

Any person who shall, in making 3[any declaration or other statement) under the authority of this Act, make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, and imprisonment for a term not exceeding 2[six months].

——————–

1. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “five thousand”.

2. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “two years”.

3. Subs. by Act 55 of 1955, sec. 12, for “any declaration” (w.e.f 1-7-1956).

Section 15. Penalty for printing or publishing newspaper without conforming to rules

3[(1)] Whoever shall 2[edit], print or publish any 4[newspaper], without conforming to the rules hereinbefore laid down, or whoever shall 2[edit], print or publish, or shall cause to be 2[edited], printed or published, any 5[newspaper], knowing that the said rules have not been observed with respect to 6[that newspaper], shall, on conviction before a Magistrate, be punished with fine not exceeding 1[two thousand] rupees, or imprisonment for a term not exceeding 2[Six months] or both.

7[(2) Where an offence is committed in relation to a newspaper under sub-section (1), the Magistrate may, in addition to the punishment imposed under the said sub-section, also cancel the declaration in respect of the newspaper.]

——————–

1. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “five thousand”.

2. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “two years”.

3. Section 15 re-numbered as sub-section (1) of that section by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).

4. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “such periodical work as is hereinbefore described”.

5. Subs. by Act 14 of 1922, sec. 3 and Sch. 1, for “such periodical work”.

6. Subs. by Act I 4 of 1922, sec. 3 and Sch. 1, for “that work”.

7. Ins. by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).

Section 15 A. Penalty for failure to make a declaration under section 8

1[Penalty for failure to make a declaration under section 8. If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in compliance with section 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two hundred rupees.]

——————–

1. Ins. by Act 55 of 1955, sec. 13 (w.e.f. 1-7-1956).

Section 16. Penalty for not delivering books or not supplying printer with maps

1[Penalty for not delivering books or not supplying printer with maps. If any printer of any such book as is referred to in section 9 of this Act shall neglect to deliver copies of the same pursuant to that section, he shall for every such default forfeit to the Government such sum not exceeding fifty rupees as a Magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the copies which the printer ought to have delivered.

If any publisher or other person employing any such printer shall neglect to supply him, in the matter prescribed in the second paragraph of section 9 of this Act with the maps, prints or engravings which may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the Government such sum not exceeding fifty rupees as such a Magistrate as aforesaid may, on such an application as aforesaid, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have supplied.]

——————–

1. Subs. by Act IO of 1890, sec. 5, for the former secs. 16 and 17.

Section 16 A. Penalty for failure to supply copies of newspapers gratis to Government

1[Penalty for failure to supply copies of newspapers gratis to Government. If any printer of any newspaper published in 2[India] neglects to deliver copies of the same in compliance with section 11A, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default.]

——————–

1. Ins. by Act 14 of 1922, sec. 3 and Sch. 1.

2. Subs. by Act 3 of 195 1, sec. 3 and Sch., for “the States”.

Section 16 B. Penalty for failure to supply copies of newspapers to Press Registrar

1[Penalty for failure to supply copies of newspapers to Press Registrar. If any publisher of any newspaper published in India neglects to deliver copies of the same in compliance with section 11B, he shall, on the complaint of the Press Registrar, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, by fine which may extend to fifty rupees for every default.]

——————–

1. Ins. by Act 55 of 1955, sec. 14 (w.e.f 1-7-1956).

Section 17. Recovery of forfeitures and disposal thereof and of fines

Any sum forfeited to the Government under 1[section 16] maybe recovered, under the warrant of the Magistrate determining the sum, or of his successor in office, in the manner authorised by the 2[Code of Criminal Procedure (10 of 1882) for the time being in force, and within the period prescribed by the Indian Penal Code (45 of 1860), for the levy of a fine.

3[* * *]

——————–

1. Subs. by Act 11 of 1923, sec. 2 and Sch. 1, for “the last foregoing section”.

2. See Now the Code of Criminal Procedure, 1973 (2 of 1974).

3. The second paragraph rep. by the A.0. 1937.

Section 18. Registration of memoranda of books

There shall be kept at such office, and by such officer as the State Government shall appoint in this behalf, a book to be called a Catalogue of Books printed in 1[India], wherein shall be registered a memorandum of every book which shall have been delivered 2[pursuant to clause (a) of the first paragraph of section 9] of this Act. Such memorandum shall (so far as may be practicable) contain the following particulars (that is to say): –

(1) The title of the book and the contents of the title page, with a translation into English of such title and contents, when the same are not in the English language;

(2) The language in which the book in written;

(3) The name of the author, translator, or editor of the book or any part thereof,

(4) The subject;

(5) The place of printing and the place of publication;

(6) The name or firm of the printer and the name or firm of the publisher;

(7) The date of issue from the press or of the publication;

(8) The number of sheet leaves or pages;

(9) The size;

(10) The first, second or other number of the edition;

(11) The number of copies of which the edition consists;

(12) Whether the book is printed, 3[cyclostyled or lithographed];

(13) The price at which the book is sold to the public; and

(14) The name and residence of the proprietor of the copyright or of any portion of such copyright.

Such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the 4[copy there of pursuant to clause (a) of the first paragraph of section 91 5[* * *]

——————–

1. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.

2. Subs. by Act IO of 1890, sec. 6, for “pursuant to section 9”.

3. Subs. by Act 55 of 1955, sec. 15, for “or lithographed” (w.e.f. 1-7-1956).

4. Subs. by Act IO of 1890, sec. 6, for “copies thereof in manner aforesaid”.

5. Last sentence of sec. 18 rep. by Act 3 of 1914, sec. 15 and Sch. 11.

Section 19. Publication of memoranda registered

The memoranda registered during each quarter in the said Catalogue shall be published in the Official Gazette, as soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent 1[* * *] to the Central Government 2[* * *].

——————–

1. The words “to the said Secretary of State, and” rep. by the A.0. 1948.

2. The word “respectively” omitted by the A.0. 1948.

Section 19 A. Appointment of Press Registrar and other officers

1[PART VA

REGISTRATION OF NEWSPAPERS

——————–

1. Part VA containing sections 19A to 19L ins, by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).

The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under this Act.

Section 19 B. Register of newspapers

(1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers.

(2) The Register shall, as far as may be practicable, contain the following particulars about every newspaper published in India, namely: –

(a) The title of the newspaper;

(b) The language in which the newspaper is published;

(c) Periodicity of the publication of the newspaper;

(d) The name of the editor, printer and publisher of the newspaper;

(e) The place of printing and publication;

(f) The average number of pages per week;

(g) The number of days of publication in the year;

(h) The average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed;

(i) Retail selling price per copy;

(j) The names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed;

(k) Any other particulars, which may be prescribed.

(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may be required for keeping the Register up-to-date.

Section 19 C. Certificates of registration

On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper 1[and on the publication of such newspaper, the Press Registrar shall], as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof.

——————-

1. Subs. by Act 26 of 1960, sec. 6, for certain words (w.e.f. 1-10-1960).

Section 19 D. Annual statement, etc., to be furnished by newspapers

It shall be the duty of the publisher of every newspaper-

(a) To furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19B as may be prescribed;

(b) To publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in sub section 19 B as may be specified in this behalf by the Press Registrar.

Section 19 E. Returns and reports to be furnished by newspapers

The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information with respect to any of the particulars referred to in sub-section (2) of section 19B as the Press Registrar may from time to time require.

Section 19 F. Right of access to records and documents

The press Registrar or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this Act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such records or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this Act.

Section 19 G. Annual report

The press registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government.

Section 19 H. Furnishing of copies of extracts from Register

On the application of nay each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government.

Section 19 I. Delegation of powers

Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of his powers under this Act to any officer subordinate to him.

Section 19 J. Press Registrar and other officers to be public servants

The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Section 19 K. Penalty for contravention of section 19D or section 19E, etc

If the publisher of any newspaper –

(a) Refuses or neglects to comply with the provisions of section 19D or section 19E; or 1[* * *]

(b) Publishers in the newspaper in pursuance of clause (b) of section 19D any particulars relating to the newspaper which he has reason to believe to be false, he shall be punishable with fine may extend to five hundred rupees.

——————–

1. Clause (b) omitted by Act 26 of 1960, sec 7 (w.e.f. 1-10-1960).

Section 19 L. Penalty for improper disclosure of information

If any person engaged in connection with the collection of information under this Act wilfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act of for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]

Section 20. Power of State Government to make rules

1[Power of State Government to make rules. (1) The State Government may, be notification in the Official Gazette, make such rules (not inconsistent with the rules made by the Central Government under section 20A) as may be necessary or desirable for carrying out the objects of this Act.

(2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

——————–

1. Subs by act 20 of 1983, sec 2 and Sch., for section 20 (w.e.f. 15-3-1984).

Section 20 A. Power of Central Government to make rules

1[Power of Central Government to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules. –

(a) Prescribing the particulars which a declaration made and subscribed under section 5 may contain; 2[and the form and manner in which the names of the printer, publisher, owner and editor of a newspaper and the place of its printing and publication may be printed on every copy of such newspaper];

3[(b) Prescribing the manner in which copies of any declaration attested by the official seal of a Magistrate or copies of any order refusing to authenticate any declaration and to the Press Registrar;]

(c) Prescribing the manner in which copies of any newspaper may be sent to the Press Registrar under section 11B.

(d) Prescribing the manner in which a Register may be maintained under section 19B and the particulars, which it may contain;

(e) Prescribing the particulars in which an annual statement to be furnished by the publisher of a newspaper to the Press Registrar may contain;

(f) Prescribing the form and manner in which an annual statement under clause (a) of section 19D, or any returns, statistics or other information under section 19E, may be furnished to the Press Registrar;

(g) Prescribing the fees for furnishing copies of extracts from the Registrar and the manner in which such copies may be furnished;

(h) Prescribing the manner in which a certificate of registration may be issued in respect of a newspaper;

(i) Prescribing the form in which, and the time within which, annual reports may be prepared by the Press Registrar and forwarded to the Central Government.

4[(2) Every rule made under this section 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 5in 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.]

——————–

1. Ins. by Act 55 of 1955, sec 18 (w.e.f. 1-7-1956).

2. Ins. by Act 26 of 1960, sec 08 (w.e.f. 1-10-1960).

3. Subs. by Act 26 of 1960, sec 08, for clause (b) (w.e.f. 1-10-1960).

4. Subs. by Act 26 of 1960, sec. 8, for sub-section (2) (w.e.f 1-10-1960).

5. Subs. by Act 20 of 1983, sec. 2 and Sch., for certain words (w.e.f 15-3-1984).

Section 20 B. Rules made under this Act may provide that contravention thereof shall be punishable

1[Rules made under this Act may provide that contravention thereof shall be punishable. Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with fine, which may extend to one hundred rupees.]

——————–

1. Ins. by Act 26 of 1960, sec. 9 (w.e.f 1-10-1960).

Section 21. Power to exclude any class of books from operation of Act

1[The State Government may, by notification in the Official Gazette], exclude any class of books 2[or papers] from the operation of the whole or any part or parts of this Act:

3[Provided that no such notification in respect of any class of newspapers shall be issued without consulting the Central Government.]

——————–

1. Subs. by the A.0. 1937, for certain words.

2. Ins. by Act 11 of 1915, see.2 and Sch. 1.

3. Ins. by Act 26 of 1960, sec. 10 (w.e.f. 1-10-1960).

Section 22. Extent

1[Extent. This Act extends to the whole of India 2[* * *]. ]

——————–

1. Ins. by Act 55 of 1955, sec. 19, original section 22 was rep. by Act 10 of 1890, sec. 7 (w.e.f 1-7-1956).

2. The words “except the State of Jammu and Kashmir” omitted by Act 16 of 1965, sec. 4 (w.e.f 1-1 1-1965).

Section 23. Commencement of Act

[Rep. by the Repealing Act, 1870 (14 ofl870), sec. Sch., Pt and I. II.]

Bydeb

Press Council Act, 1978

[ACT NO 37 OF 1978]

[7thSeptember 1978]

An Act establish a Press council for the purpose of preserving the freedom of the Press and of maintaining the standards of newspaper and news agencies in India.

Be it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows.

Section 1. Short title and extent

(1) THIS Act may be called the press Council Act, 1978.

(2) It extends to the whole of India.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) “Chairman” means the chairman of the council;

(b) “Council means the Press council of India established under section 4;

(c) “Member” means a member of the council and includes its chairman;

(d) “Prescribed” means prescribed by rules made under this Act;

(e) The expressions “editor” and “newspaper” have the meaning respectively assigned to them in the Press and Registration of Books Act, 1867 (25 of 1867) and the expression “working journalist” has the meaning assigned to it in the working Journalists and other Newspaper employees (Conditions of Service) and Miscellaneous Provision Act, 1955 (45 of 1955).

Section 3. Rule of construction respecting enactments not extending to the State of Jammu and Kashmir or Sikkim

Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or Sikkim shall, in relation to that State, be constructed as a reference to the corresponding law, if any inverse in that State.

Section 4. Incorporation of the Council

(1) With effect from such date as the Central government may, by notification in the Official Gazette, appoint, there shall be established a Council by the name of the Press council of India.

(2) The said council shall be a body corporate having perceptual succession and a common seal and shall by the said name sue and bemused.

Section 5. Composition of the Council

(1) The council shall consist of a chairman and twenty-eight other members.

(2) The chairman shall be a person nominated by a Committee consisting of the chairman of the council of states (Rajya Sabha), the Speaker of the Houses of the People (Lok Sabha) and a person elected by the members of the council under sub-section (6) and the nomination so made shall take effect from the date on which it is notified by the Central Government in the Official Gazette.

(3) Of the other members-

(a) Thirteen shall be nominated in accordance with such procedure as may be prescribed from among the working journalists, of whom six shall be editors of newspapers and the remaining seven shall be working journalists other than editors; so, however that the number of such editors and working journalists other than editors in relation newspapers published in Indian languages shall be not less than three and four respectively;

(b) Six shall be nominated in accordance with such procedure as may be prescribed from among persons who own or carry on the business of management of newspapers, so, newspapers, so, however, that there shall be two representatives from each of the categories of big newspapers, medium newspapers and small newspapers;

(c) One shall nominated in accordance with such procedure as may be prescribed from among persons who manage news agencies;

(d) Three shall be persons having special knowledge or practical experience in respect of education and science, law and literature and culture of whom respectively one shall be nominated by the University Grants Commission one by the Bar council of India and one by the Sahitya Academy;

(e) Five shall be members of Parliament of whom three shall be nominated by the speaker from among the members of the House of the People (Lok Sabha) and two shall be nominated by the chairman of the council of States (Rajya Sabha) from among its members:

Provided that no working journalist who owns, or carries on the business of management of any newspaper shall eligible for nomination under clause (a):

Provided further that the nominations under clause (a) and clause (b) shall be so made that among the persons nominated there is not more than one person interested in any newspaper or group of newspaper under the same control or management.

Explanation-for the purposes of clause (b), a “newspaper” shall be deemed to be-

(i) “Big newspaper” if the total circulation of all its editions exceeds fifty thousand copies for each issue;

(ii) Medium newspaper” of the total circulation of all its editions exceeds fifteen thousand copies but does not exceed fifty thousand copies for each issue;

(iii) “Small newspaper” of the total circulation of all its editions does not exceed fifteen thousand copies for each issue

(4) Before making any nomination under clause (a) clause (b) or clause (c) sub-section (3) the Central Government in the case of the first council and the retiring chairman of the previous council in the case of any subsequent council shall, in the prescribed manner, invite panels of names comprising twice the number to be nominated from such associations of persons of the categories referred to in the said clause (a) clause (b) or clause (c) as may be notified in this behalf by the Central Government in the case of the first council and by the council itself in the case of subsequent councils:

Provided that where there is no association of persons of the category referred to in the said clause (c) the panels of names shall be invited from such news agencies as may be notified as aforesaid.

(5) The Central government shall notify the names of persons nominated as members under sub-section (3) in the Official Gazette and every such nomination shall take effect from the date on which it is notify.

(6) The members of the council notified under sub-section (5) shall elect from among themselves in accordance with such procedure as may be prescribed, a person to be a member of the committee referred to in sub-section (2) and a meeting of the members of the council for the purpose of such election shall be prescribed over by a person chosen from among themselves.

Section 6. Term of office and retirement of members

(1) Save as otherwise provided in this section, the chairman and other members shall hold office for a period of three years:

Provided that the chairman shall continue to hold such office until the council is reconstituted in accordance with the provisions of section 5 for a period of six months whichever is earlier.

(2) Where a person nominated as a member under clause (a) clause (b) or clause (c) of sub-section (3) of section 5 if censured under the provisions of sub-section (1) of section 14, he shall cease to be a member of the council.

(3) The term of office of a member nominated under clause (e) of sub-section (3) of section 5 shall come to an end as soon as he ceases to be a member of the House from which he was nominated.

(4) A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the council, from three consecutive meetings of the Council.

(5) The chairman may resign his office by giving notice in writing to the Central government and any other member may resign his office by giving notice in writing to the chairman and upon such resignation being accepted by the Central government., or as the case may be, the chairman, the chairman or the member shall be deemed to have vacated his office.

(6) Any vacancy arising under sub-section (2) sub-section (3) sub-section (4) or sub-section (5) or otherwise shall be filled, as soon as may be, nomination in the same manner in which the member vacating office was nominated and the member no nominated so nominated shall hold office for the remaining period in which the member in whose place he is nominated would have held office.

(7) A retiring member shall be eligible for re-nomination for not more than one term.

Section 7. Conditions of service of members

(1) The chairman shall be a whole-time officer and shall be paid such salary as the Central government may think fir, and the other members shall receive such allowances of fees for attending the meetings of the council as may be prescribed.

(2) Subject to the provisions of sub-section (1) the condition of service of members shall be such as may prescribed.

(3) It is hereby declared that the office of a member of the council shall not disqualify its holder for being chooses, as or for being a member of either House of Parliament.

Section 8. Committees of the Council

(1) For the purpose of performing its function under this Act, the council may constitute from among its members such committees for general or special purposes as it may deem necessary and every committee so constituted shall perform such functions as are assigned to it by the council.

(2) The council shall have the power to co-pt as members of any committee constitute under sub-section (1) such other number of persons, not being members of the council, as it thinks fit.

(3) Any such member shall have the right to attend any meeting of the committee on which he is so co-opted and to take part in the discussions thereat, but shall not have the right to vote and shall not be a member for any other purpose.

Section 9. Meetings of the Council and committees

The council or any committee thereof shall meet at such times and places and shall observe such trolls of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.

Section 10. Vacancies among members or defect in the constitution not to invalidate acts and proceedings of the Council

No act or proceeding of the council shall be deemed to be invalid by reason merely of the existence of any vacancy in, or any defect in the constitution of, the council.

Section 11. Staff of the Council

(1) Subject to such rules as may be made by the central government in this behalf, the council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its function under this act.

(2) The terms and conditions of service of the employees shall be such as may be determined by regulations.

Section 12. Authentication of orders and other instruments of the Council

All orders and decisions of the council shall be authenticated by the signature of the chairman or any other member authorised by the council in this behalf and other instruments issued by the council shall be authenticated by the signature of the Secretary or any other officer of the council authorised in manner in this behalf.

Section 13. Objects and functions of the Council

(1) The objects of the Cancun shall be to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India.

(2) The council may, in furtherance of its objects, perform the following functions, namely”-

(a) To help newspapers and news agencies to maintain their independence;

(b) To build up a code of conduct for newspapers news agencies and journalists in accordance with high professional standards;

(c) To ensure on the part of newspapers news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;

(d) To encourage the growth of a sense of responsibility and public service aiming all those engaged in the profession of journalism;

(e) To keep under review any development likely to restrict the supply and dissemination of news of public interest and importance;

(f) To keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as are referred to it by the Central Government or are brought to its notice by any individual, association of persons or any other organization:

Provided that nothing in this clause shall preclude the central Government from dealing with any case of assistance received by a newspaper or news agency in India from any foreign source in any other manner it thinks fit;

(g) To undertake studies of foreign newspapers, including those brought out by any embassy or other representatives in India of a foreign state, their circulation and impact.

Explanation-For the purpose of this clause, the expression “foreign state” has the meaning assigned to it in section 87A of the code of civil Procedure, 1908 (5 of 1908);

(h) To promote a proper functional relationship among sell classes of persons engaged in the production or publication of newspapers or in news agencies:

Provided that nothing in this Calais shall be deemed to confer on the council any functions in regard to disputes to which the Industrial disputes Act, 1947 (14 of 1947) applies;

(i) To concern itself developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press;

(j) To indurate such studies as may be entrusted to the council and to espousers its opinion in regard to any matter referred to it by the central government;

(k) To do such other acts as may be incidental or conductive to the discharge of the above functions.

Section 14. Power to censure

(1) Where on receipt of a complaint made to it or otherwise, the Council has reason believe that a newspaper or news agency has offended against the standards or journalist ethics or public taste or that an editor or a working journalist has committed any professional; misconduct, the council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such Annett as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be:

Provided that the council may not take cognizance of a compliant of in the opinion of the chairman there is no sufficient ground for holding an inquiry.

(2) If the council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspapers to publish therein in such manner as the council thinks, fir any particulars relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist.

(3)Nothing in sub-section (1) shall be deemed to empower the council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.

(4) The decision of the council under sub-section (1) or sub-section (2) as the case may be shall be final and shall not be questioned in any court of law.

Section 15. General powers of the Council

(1) For the purpose of performing its functions or holding any inquiry under this Act, the council shall have the same powers throughout Indies are vested in a civil court while trying a suit under the code of civil Procedure 1908 (5 of 1908) in respect of the following matters, namely:-

(a) Summoning and enforcing the attendance of persons and examining them on oath;

(b) Requiring the discovery and inspection of documents;

(c) Receiving evidence on affidavits;

(d) Requisitioning any public record or copies thereof from any court or office;

(e) Issuing commissions for the examination of witness or documents; and

(f) Any other matter which may be prescribed.

(2) Nothing in sub-section (1) shall be deemed to compel any newspaper news agency editor or journalist to disclose the source of any news ore information published by that newspaper or received or reported be that news agency editor or journalist.

(3) Every inquiry held by the council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

(4) The council may, it if considers necessary for the purpose of carrying out its objects or for the performance of any of its function under this Act, make such observation as it may think, fir, in any of its decisions or reports, respecting the conduct of any authority, including government.

Section 16. Levy of fees

(1) The council may, for the purpose performing its functions under this act, levy such fees, at such rates and in such manner as my be prescribed from registered newspapers and news agencies and different rates may be prescribed for different newspapers banging regard to their circulation and other matters.

(2) Any fees payable to the council under sub-section (21) may be recovered as an areas of land revenue.

Section 17. Payments to the Council

The Central government may after due appropriation made by Parliament by law in this behalf, pay to the council by way of grants such sums of money as the Central Government may consider necessary for the performance of the functions of the council under this Act.

Section 18. Fund of the Council

(1) The council shall have its own fund; and the fees collected by it all such sums as may from time to time be paid to it by the central government and all grants and advances made to it by any other authority or person shall be credited to the fund and all payments by the council shall be made therefrom.

(2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner as may subject to the approval of the Central government, be decided by the council.

(3) The council may spend such sums as it thinks fir or for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the council.

Section 19. Budget

The council shall prepare, in such form and at such time each year as may be prescribed a budget in respect of the financial year next ensuing showing the stimulated receipts and expenditure and copies thereof shall be forwarded to the Central Government.

Section 20. Annual report

The council shall prepare once every year, in such form and at such time as may be prescribed an annual report giving summary of its activities during the previous year, and giving an account of the standards of newspapers and news agencies and factors affecting them, and copies thereof, together with the statement of accountants audited in the manner prescribed under section 22 shall be forwarded to the Central government and the government shall cause the same to be laid before both Houses of Parliament.

Section 21. Interim reports

Without prejudice to the provisions of Section 20, of the council may prepare at any time during the course or a year a report giving a summary of such of its activities during the year as it considers to be of public importance and copies thereof shall be forwarded to the central government and the government shall cause to be laid before both Houses of Parliament.

Section 22. Accounts and audit

The accounts of the council shall be maintained and audited in such as may in consultation with the comptroller and auditor of India be prescribed,

Section 23. Protection of action taken in good faith

(1) No suit or other legal proceeding shall lie against the council or any member thereof or any person acting under the direction of the council in respect of anything which is in good faith done intended to be done under this act.

(2) No suit other legal proceeding shall lie against any newspaper in respect of the publication of any matter therein under the authority of the council.

Section 24. Members, etc., to be public servants

Every member of the council and every officer or other employee appointed by the council shall be deemed to be a public servant within the meaning of section 21 of the Indian Peal code (45 of 1860).

Section 25. Power to make rules

(1) The central government may, be notification in the Official Gazette, make rules to carry out the purposes of this Act.

Provided that when the council has been established no such rules shall be made without consulting the council.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(a) The procedure for nomination of members of the council under clauses (a) (b) and (c) of sub-section 5;

(b) The manner in which panels of names may be invited under sib-section (4) of section 5;

(c) The procedure for election of a number of the committee referred to in sub-section (2) of section 5 under sub-section (6) of that section;

(d) The allowances of fees to be paid to the members of the council for attending the meetings of the council, and other conditions of service of such members under sub-section 91) and (2) of section 7;

(e) The appointment of the secretary and other employees of the council under section 11;

(f) The matters referred to in clause (f) of sub-section (1) of section 15;

(g) The rates at which fees may be levied by the council under section 16 and the manner in which such fees any be levied;

(h) The form in which and the time within which the budget and annual report are to be prepared by the council under section 19 and 20 respectively;

(i) The manner in which the accounts of the council are to be maintained and audited under sections

(3) Every rule made under this section 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 into 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 done under that rule.

Section 26. Power to make regulations

The council may make regulations not inconsistent with this act and the rules made thereunder for-

(a) Regulating the meeting of the council or any committee thereof and the procedure for conducting the business thereat under section 9;

(b) Specifying the terms and conditions of service of the employees, appointed by the council under sub-section (2) of section 11;

(c) Regulating the manner of holding any inquiry under this Act;

(d) Delegating to the chairman or the Secretary of the council, subject to such conditions as it may think fit to impose, any of its powers under sub-section (3) of section 18;

(e)Any other matter for which provision any be made by regulations under this act;

Provided that the regulations made under clause (b) shall be made only with the price approval of the central government.

Section 27. Amendment of Act 25 of 1867

In sub-section (1) of Section 8c of the Press and registration of Books Act, 1867 for the words “consisting of a chairman and another member to be appointed by the central government’ the words and figures “consisting of a chairman and another member to be nominated by the Press council of India established under section 4 of the Press council Act 1978 from among its members” shall be substituted.

Bydeb

The Cinematograph Act, 1952

Chapter I – PRELIMINARY

1. Shot title, extent and commencement. –

ACT NO. 37 OF 1952 1* [21st March, 1952.]

An Act to make provision for the certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematographs. Be it enacted by Parliament as follows:-

(1) This Act may be called the Cinematograph Act, 1952.

(2) Parts I, II and IV extends to the whole of India 1[***] and Part III extends to 2[the Union territories] only.

(3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint:

4[Provided that Parts I and II shall come into force in the State of Jammu and Kashmir only on such date after the commencement of the Cinematograph (Amendment) Act, 1973 (26 of 1973), as the Central Government may, by notification in the Official Gazette, appoint.]

——————————————————

1. The words “except the State of Jammu and Kashmir” omitted by Act 25 of 1973, sec. 2 (w.e.f. 28-5-1973).

2. Subs. by Act 3 of 1959, sec. 2, for “Part C States” (w.e.f. 12-3-1959).

3. Came into force on 28-7-1952, vide S.R.O. 1066, dated the 10th June, 1952, published in the Gazette of India, 1952, Pt. II, Sec. 3, p. 945.

4. The proviso added by Act 25 of 1973, sec. 2 (w.e.f. 28-5-1973).

2. Definitions –

In this Act, unless the context other wise requires,-

(a) “adult” means a person who has completed his eighteenth year;

1[(b) “Board” means the Board of Film Certification constituted by the Central Government under section 3;]

2[(bb) “certificate” means the certificate granted by the Board under section 5A;]

(c) “cinematograph” includes any apparatus for the representation of moving pictures or series of pictures;

(d) “district magistrate”, in relation to a presidency-town, means the Commissioner of police;

3[(dd) “film” means a cinematograph film;]

(e) “place” includes a house, building, tent and any description of transport, whether by sea, land or air;

(f) “prescribed” means prescribed by rules made under this Act;

4[(g) “regional officer” means a regional officer appointed by the Central Government under section 5 and includes an additional regional officer and an assistant regional officer;

(h) “Tribunal” means the Appellate Tribunal constituted under section 5D.]

COMMENTS

(i) The definition of the expression “Cinematograph” includes VCR/VCP/TV Projector as the said equipments achieve/serve the same purpose as the traditional media for exhibition of moving pictures. It must be so interpreted to take into account new and subsequent scientific developments in the field as it cannot be confined to traditional interpretation of such apparatus or simply compartmentalised. Hence, licence is necessary to carry on business of running a video parlour; Samrat Video Parlour v. State of Haryana, AIR 1993 SC 2328.

(ii) Even if the screen is separate and not inbuilt in the television set, exhibition of films through VCR/VCP/TV Projector is permissible to only a ‘licensee’ carrying on the business of running such video parlour; Regal Video v. State of Haryana, AIR 1993 SC 2372.

(iii) It is settled view that video tapes come within the expression ‘Cinematograph’ in view of the extended definition in section 2(c) which includes apparatus for the re-presentation of moving pictures or series of pictures as copy of the video should be created in respect of a cinematograph under the Act; State of Andhra Pradesh v. Nagoti Venkataramana, 1996 PTR 179.

———————-

1. Subs. by Act 49 of 1981, sec. 2, for clause (b) (w.e.f. 1-6-1983).

2. Ins. by Act 49 of 1981, sec. 2 (w.e.f. 1-6-1983).

3.Ins. by Act 3 of 1959, sec. 3 (w.e.f. 12-3-1959).

4. Ins. by Act 49 of 1981, sec. 2 (w.e.f. 1-6-1983).

2-A. Construction of reference to any law not in force or any functionary not in existence in the State of Jammu and Kashmir-

Any reference in this Act to any law which is not in force, or any functionary not in existence, in the state of Jammu and Kashmir, shall, in relation to that Stat, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State.

—-

1. Ins. by Act 25 of 1973, sec. 3 (w.e.f. 28-5-1973).

Chapter II – CERTIFICATION OF FILMS FOR PUBLIC EXHIBITION

3. Board of Film Censors —

13. Board of Film Censors

(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 3not 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 allowance 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. Section 3, 4, 5, 5A, 5B, 5C and 6 subs. by Act 3 of 1959, sec. 4, for sections 3, 4, 5 and 6 (w.e.f. 12-3-1959).

2. Subs. by Act 49 of 1981, sec. 3, for “Board of Film Censors” (w.e.f. 1-6-1983)

3. Subs. by Act 49 of 1981, sec. 3, for “not more than nine” (w.e.f. 1-6-1983).

4. Examination of films –

1[4. Examination of films.—(1) Any person desiring to exhibit any film shall in the prescribed manner make an application to the Board for a certificate in respect thereof, and the Board may, after examining or having the film examined in the prescribed manner,—

(i) sanction the film for unrestricted public exhibition:2[***]

3[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

4[(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]

5[(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 6[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. Section 3, 4, 5, 5A, 5B, 5C and 6 subs. by Act 3 of 1959, sec. 4, for sections 3, 4, 5 and 6 (w.e.f. 12-3-1959).

2. The word “or” omitted by Act 49 of 1981, sec. 4 (w.e.f. 1-6-1983).

3. The proviso added by Act 49 of 1981, sec. 4 (w.e.f. 1-6-1983).

4. Ins. by Act 49 of 1981, sec. 4 (w.e.f. 1-6-1983).

5. Subs. by Act 49 of 1981, sec. 4, for clause (iii) (w.e.f. 1-6-1983).

6. Subs. by Act 49 of 1981, sec. 4, for “clause (ii), clause (iii) or clause (iv)” (w.e.f. 1-6-1983).

5. ADVISORY PANELS-. –

15.ADVISORY PANELS-(1) For the purpose of enabling the Board of 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 may think fit to appoint thereto.

(2) At each regional center there shall be as many regional officers as the Central Government may think fit to appoint and rule 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. Section 3, 4, 5, 5A, 5B, 5C and 6 subs. by Act 3 of 1959, sec. 4, for sections 3, 4, 5 and 6 (w.e.f. 12-3-1959).

5-A. CERTIFICATION OF FILMS. –

1[5A. Certification of films.—2[(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, a “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.]

COMMENTS

(i) Mere grant of certification to other films, which have more or similar obscene or pornographic scenes could not automatically entitle a producer of film to a certification under section 5A; Ms. A. Arulmozhi v. Government of India, AIR 2006 Mad 49.

(ii) The particular film must conform to the requirements of law so as to be entitled to a certification. It is irrelevant if other films granted certification have more or similar obscene or pornographic scenes or events. The producer of such film is not entitled to avail the protection under Article 14 of the Constitution of India; B.K. Adarsh v. Union of India, AIR 1990 AP 100.

(iii) Contemporary and moral standards as well as the effect on viewer, especially young and adolescent are the relevant factors, in determination of obscenity for the purposes of this Act; B.K. Adarsh v. Union of India, AIR 1990 AP 100.

(iv) A film has to cater to the tastes of different kinds of people and thus, different topics are covered, before the film ends. Therefore, the ultimate reaction when the film ends and whether it offends any strata of the society are the two crucial factors considered in determination of certification thereof; P.Jagajeevan Ram v. Government of India, AIR 1989 Mad 149.

(v) Where in a film, there were repeated assertions of the heroine whose father procured a false caste certificate for her to gain advantages of reservation and of her father to the effect that Constitution of India led both of them to cheat and impersonate and advocates framers of reservation policy should be punished, instead of punishing the father-daughter duo, the main thrust was to project to the public at large that the reservation policy itself was retrograde making it framers punishable. It certainly, amounted to contravention of the provisions of this Act as it was a grave provocation to gullible and rural masses to take law in their hands and punish the framers of the Constitution; P. Jagajeevan Ram v. Government of India, AIR 1989 Mad, 149.

—————–

1. Section 3, 4, 5, 5A, 5B, 5C and 6 subs. by Act 3 of 1959, sec. 4, for sections 3, 4, 5 and 6 (w.e.f. 12-3-1959).

2. Subs. by Act 49 of 1981, sec. 5, for sub-section (1) (w.e.f. 1-6-1983)

5-B. PRICIPLES FOR GUIDANCE IN CERTIFYING FILMS. –

1[5B. Principles for guidance in certifying films.—(1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of

2[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.]

COMMENTS

(i) The court exercising writ jurisdiction would not ordinarily substitute its view for the view of an expert. But where the decision of the Central Board of Film Certification entrenches upon the fundamental right to the freedom of speach and expression, it is not merely the function but the duty and responsibility of the court to intervene; F.A. Picture International v. Central Board of Film Certification, AIR 2005 Bom 145.

(ii) Videograph is controlled by the provisions of this Act. An interview and videograph of condemned prisoners is also subject to issuance of license under this section of the Act; M.Hasan v. Government of Andhra Pradesh; AIR 1998 AP 35.

(iii) The film “Bandit Queen” dealt with the life of a village female child transformed to a dreaded dacoit due to social evil and brutalities, to which was subjected. Scenes of nudity and rape therein and use of expletive were permitted being in aid of them. Held, scenes were intended not to arouse prurient or lascivious thoughts but a sense of revulsion against perpetrators and pity for victim. Hence, grant of ‘A’ certificate subject to certain conditions, was in compliance with the reguisite guidelines; Bobby Art International v. Om Pal Singh Hoon, AIR 1996 SC 1846.

(iv) Where an application for grant of censorship certificate is made before an authority concerned, a duty is cast upon the latter to pass such orders as may be appropriate, and expeditiously. The court is not competent to state whether the film can be released for public exhibition or not in the absence of any order passed by such authority concerned, or otherwise interfere with or step into the shoes of such authority concerned. However, the court exercised its power to direct the authority concerned to pass orders within the time specified by the court; R.K. Star Productions v. Union of India, AIR 1995 Mad 4.

(v) If the authority concerned refuses to grant the censor certificate or impose restrictions, the onus lies heavily on it to justify the decision with reasons for such refusal or restrictions, if such decision adversely affects the fundamental right granted under Article 19(1)(a) of the Constitution; Union of India v. Cinemart Foundation, AIR 1993 SC 171.

(vi) A scene where the heroine justifies the crime of procurement of false caste certificate holds the reservation policy as retrograde and even suggests punishment of framers of Constitution instead of those committing such crime, it amounted to infringement of the guidelines framed for the purpose of this Act; P. Jagajeeven Ram v. Government of India, AIR 1989 Mad 149.

(vii) The bodily movement suggestive of the girl (heroine) being touched at various erotic points of her body in an unusual scene where the same heroine is being sexually assaulted by an unsatisfied invisible spirit/soul, amount to vulgar display of sheer eroticism thereby violating the prohibitions contained in the guidelines issued by the Central Government under sub-section (2) of section 5B; Ramanlal Lalbhai Desai v. Central Board of Film Certification, Bombay, AIR 1988 Bom 278.

(viii) Prolonged and unduly long exposure of the nude body of the heroine in three rape and one attempted rape scenes, and also during the intimate love-making scene with the hero, without any relevance to the elements of the film’s story at various intervals, blatantly violates the guidelines issued by the Central Government under sub-section (2) of section 5B; Ramanlal Lalbhai Desai v. Central Board of Film Certification, Bombay, AIR 1988 Bom 278.

(ix) Mere display of pictures and sculptures (in the bedroom) which are not otherwise banned does not amount to obscenity or in any way, cater to the lascivious taste of prurient; Ramanlal Lalbhai Desai v. Central Board of Film Certification, Bombay, AIR 1988 Bom 278.

(x) Neither the immolation by sati is in any way the same thing as the glorification of sati nor are the supernatural/superstitious elements in the film unconventional, insensitive and irresponsible to the values and standards of the society to warrant refusal of certificate; Ramanlal Lalbhai Desai v. Central Board of Film Certification, Bombay, AIR 1988 Bom 278.

—————–

1. Section 3, 4, 5, 5A, 5B, 5C and 6 subs. by Act 3 of 1959, sec. 4, for sections 3, 4, 5 and 6 (w.e.f. 12-3-1959).

2. Ins. by Act 49 of 1981, sec. 6 (w.e.f. 1-6-1983).

5-C. APPEALS. –. –

1[25-C. APPEALS. –(1) Any person applying for a certificate in respect of a film who is aggrieved by any order of the Board –

(a) Refusing to grant a certificate ; or

(b) Granting only an “A” certificate ; or

(c) Granting only a “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. Section 3, 4, 5, 5A, 5B, 5C and 6 subs. by Act 3 of 1959, sec. 4, for sections 3, 4, 5 and 6 (w.e.f. 12-3-1959).

2. Subs. by Act 49 of 1981, sec. 7, for section 5C (w.e.f. 1-6-1983).

5-D. CONSTITUTION OF APPELLATE TRIBUNAL. –

15-D. CONSTITUTION OF APPELLATE TRIBUNAL.(1) For the purpose of hearing appeals against any order of the Board under Section 5-C, 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. Ins. by Act 49 of 1981, sec. 8 (w.e.f. 1-6-1983).

5E-Suspension and revocation of certificate.—

15E-Suspension and revocation of certificate.

Suspension and revocation of certificate- (1) Notwithstanding anything contained in sub section (2) of Section 6,the Central Government may, by notification in the Official Gazette, suspend a certificate granted under this Part, for such period as it thinks fit or may revoke such certificate if it is satisfied that-

(i) The film in respect of which the certificate was granted, was being exhibited in a form other than the one in which it was certified , or

(ii) The film or any part thereof it being exhibited in contravention of the provisions of this part rules made there under.

(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.

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1. Ins. by Act 49 of 1981, sec. 8 (w.e.f. 1-6-1983).

5-F. REVIEW OF ORDERS BY CENTRAL GOVERNMENT. –

(1) Where an applicant for a certificate or any other person to whom the rights in the film have passed, is aggrieved by any order of the Central Government under Section 5-E, 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.

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1.Ins. by Act 49 of 1981, sec. 8 (w.e.f. 1-6-1983).

6. Revisional powers of the Central Government –

1[6. Revisional powers of the Central Government.—(1) Notwithstanding anything contained in this Part, the Central Government 2[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, 3[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:

3[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 3[or a “UA” certificate or a “S” certificate] shall be deemed to be a film in respect of which an “A” certificate has been granted; or

4[(c) the exhibition of any film be suspended for such period as may be specified in the direction:]

5[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.]

COMMENTS

The Legislature may, in certain cases overrule or nullify the judicial or executive decision by enacting an appropriate legislation. The executive cannot sit in an appeal or review or revise a judicial order; Union of India v. K.M. Shankarappa, AIR 2000 SC 3678.

—————–

1. Section 3, 4, 5, 5A, 5B, 5C and 6 subs. by Act 3 of 1959, sec. 4, for sections 3, 4, 5 and 6 (w.e.f. 12-3-1959).

2. Subs. by Act 49 of 1981, sec. 9, for ‘‘may at any stage’’ (w.e.f. 1-6-1983).

3. Ins. by Act 49 of 1981, sec. 9 (w.e.f. 1-6-1983).

4. Ins. by Act 19 of 1953, sec. 2 (w.e.f. 16-5-1953).

5. Subs. by Act 19 of 1953, sec. 2, for the proviso (w.e.f. 16-5-1953).

6-A.-Information and documents to be given to distributors and exhibitors with respect to certified films.

1 6-A.-Information and documents to be given to distributors and exhibitors with respect to certified films. Information and documents to be given to distributors and exhibitors with respect to certified films – Any person who delivers any certified film to any distributor or exhibitor shall, in such manner as may be prescribed, notify to the distributor or exhibitor, as the case may be, the title, the length of the film, the number and the nature of the certificate granted in respect thereof and the conditions, if any, subject to which it has been so granted, and any other particulars respecting the film which may be prescribed.

2[***]

1. Ins. by Act 19 of 1953, sec. 3 (w.e.f. 16-5-1953).

2. Section 6B omitted by Act 56 of 1984, sec. 2 (w.e.f. 27-8-1984) Earlier section 6B was inserted by Act 49 of 1981, sec. 10 (w.e.f. 1-6-1983).

7. Penalties for contraventions of this Part –

1[(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 2[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, 3[***].

2[(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,

4[5[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]]:

6[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:

7[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 8[or a “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. Subs. by Act 19 of 1953, sec. 4, for sub-section (1) (w.e.f. 16-5-1953).

2. Ins. by Act 49 of 1981, sec. 11 (w.e.f. 1-6-1983).

3. The word “or” omitted by Act 49 of 1981, sec. 11 (w.e.f. 1-6-1983).

4. Subs. by Act 49 of 1981, sec. 11, for certain words (w.e.f. 1-6-1983).

5. Subs. by Act 56 of 1984, sec. 3, for certain words (w.e.f. 27-8-1984).

6. Subs. by Act 56 of 1984, sec. 3, for “Provided that” (w.e.f. 27-8-1984).

7. Subs. by Act 56 of 1984, sec. 3, for “Provided further” (w.e.f. 27-8-1984).

8. Ins. by Act 49 of 1981, sec. 11 (w.e.f. 1-6-1983).

7-A. Power of seizure-

1[7A. Power of seizure.—(1) Where a film in respect of which no certificate has been granted under this Act is exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to any person who is not an adult or a film is exhibited in contravention of any of the other provisions contained in this Act or of any order made by the Central Government 2[,the Tribunal] or the Board in the exercise of any of the powers conferred on it, any police officer may, 3[***] 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 4[Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches.

————————–

1. Ins. by Act 3 of 1959, sec. 5 (w.e.f. 12-3-1959).

2. Ins. by Act 49 of 1981, sec. 12 (w.e.f. 1-6-1983).

3. Certain word omitted by Act 49 of 1981, sec. 12 (w.e.f. 1-6-1983).

4. Subs. by Act 49 of 1981, sec. 12, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 1-6-1983).

7-B. Delegation of powers by Board [(Note:- Original S. 7-B, renumbered as sub-section –

1[7B. Delegation of powers by Board.—2[(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, 3[in relation to the certification of the films under this Part] and subject to such condition, if any, as may be specified in the order, be exercisable also by the Chairman or any other member of the Board, and anything done or action taken by the Chairman or other member specified in the order shall be deemed to be a thing done or action taken by the Board.]

41[(2) The Central Government may, by order and subject to such conditions and restrictions as may be prescribed, authorise the regional officer to issue provisional certificates.]

————————–

1. Ins. by Act 3 of 1959, sec. 5 (w.e.f. 12-3-1959).

2. Section 7 renumbered as sub-section (1) thereof by Act 49 of 1981, sec. 13 (w.e.f. 1-6-1983).

3. Subs. by Act 49 of 1981, sec. 13, for “in relation to such matters” (w.e.f. 1-6-1983).

4. Ins. by Act 49 of 1981, sec. 13 (w.e.f. 1-6-1983).

7–C . Power to direct exhibition of films for examination.

1 Power to direct exhibition of films for examination – For the purpose of exercising any of the powers conferred on it by this Act, the Central Government,2 the Tribunal or the Board may require any film to be exhibited before it or before 3 any persons or authority (Note:- Subs. by Act 49 of 1981 specified by it in this behalf.

———————-

1. Ins. by Act 3 of 1959, sec. 5 (w.e.f. 12-3-1959).

2. Ins. by Act 49 of 1981, sec. 14 (w.e.f. 1-6-1983).

3. Subs. by Act 49 of 1981, sec. 14, for “any person” (w.e.f. 1-6-1983).

7-D.Vacancies, etc., not to invalidate proceeding.

1 Vacancies, etc., not to invalidate proceeding – No act or proceeding of 2[the Tribuna 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 Tribuna (Note:- Ins. by ibid)] the Board or panel, as the case may be.

——————–

1. Ins. by Act 3 of 1959, sec. 5 (w.e.f. 12-3-1959).

2. Ins. by Act 49 of 1981, sec. 15 (w.e.f. 1-6-1983).

7-E.Members of the Board and advisory panels, to be public servants.

1 Members of the Board and advisory panels to be public servants – All members of 2the [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).

———————–

1. Ins. by Act 3 of 1959, sec. 5 (w.e.f. 12-3-1959).

2. Ins. by Act 49 of 1981, sec. 16 (w.e.f. 1-6-1983).

7-F.Bar of legal proceedings.

17-F.Bar of legal proceedings.Bar of legal proceedings –

No suit or other legal proceeding shall lie against 2the Central Government, [the Tribunal, the Board, advisory panel or any officer or member of 3the Central Government,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. Ins. by Act 3 of 1959, sec. 5 (w.e.f. 12-3-1959).

2. Subs. by Act 49 of 1981, sec. 17, for “the Central Government, the Board” (w.e.f. 1-6-1983).

3. Subs. by Act 49 of 1981, sec. 17, for “the Central Government, the Board or” (w.e.f. 1-6-1983).

8. Power to make rules – .

(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Part.

1(2) [(Note:- Subs. by Act 49 of 1981 (w.e.f. 1-6-1983) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-

(a) The allowance or fees payable to the members of the Board.

(b) The terms an 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 therefore.

(d) The association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under Section 7-B 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 allowance 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 employee 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.]

2(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 total period of thirty days which may be comprise 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.]

——————-

1. Subs. by Act 49 of 1981, sec. 18, for sub-section (2) (w.e.f. 1-6-1983).

2. Subs. by Act 25 of 1973, sec. 4, for sub-section (3) (w.e.f. 28-5-1973).

9. Power to exempt -.

The Central Government may, by order in writing exempt, subject to such conditions and restrictions, if any, as it may impose, the exhibition of any film or class of films from any of the provisions of this Part or of any rules made there under.

———————–

1. For such general exemption, see Gazette of India, 1952, Pt. II, Sec. 3, pp. 1578-1581.

Chapter III – REGULATION OF EXHIBITIONS BY MEANS OF CINEMATOGRAPHS

10. Cinematograph exhibitions to be licensed –

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

11. Licensing authority –

The authority having power to grant licences under this Part (hereinafter referred to as the licensing authority) shall be the district magistrate.

Provided that the State Government may, by notification in the Official Gazette, constitute, for the whole or any part of a 1 Union territory], such other authority as it may specify in the notification to be the licensing authority for the purposes of this Part.

—————

1. Subs. by Act 58 of 1960, sec. 3 and Sch. II, for “Part C State” (w.e.f. 26-12-1960).

12. Restrictions on powers of licensing authority –

(1) The licensing authority shall not grant a licence under this Part, unless it is satisfied that-

(a) The rules made under this Part have been substantially complied with, and

(b) Adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of persons attending exhibitions therein.

(2) Subject to the foregoing provisions of this section and to the control of the State Government, the licensing authority may grant licence under this Part to such persons s that authority thinks fit an on such terms and conditions and subject to such restrictions as it may determine.

(3) Any person aggrieved by the decision a licensing authority refusing to grant a licence under this Part may, within such time as may be prescribed, appeal to the State Government or to such officer as the State Government may speicfy 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, form 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 and adequate opportunity of being exhibited, and where any such directions have been issued those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted.

Notes

The exprssion “may” used in sub section (2) cannot be read as “shall” Tajdin Facerbhai v. Union Territory of Goa, AIR 1965 Goa 158.

If the licensing authority does not surrender its own judgement to the Government it is entitled in law to give weight to the opinion of the Government. Tajdin Facerbhai v. Union Territory of Goa, AIR 1965 Goa 158.

Where the appellant authority without passing any written order directed the Distrcit Magistrate to inform the petitioner that it was not possible to grant the licene as various directs were found under Cinematograph Rules, the order was fit to be set aside and a direction ws given to the Government to dispose of the appeal as per law. Tajdin Facerbhai v. Union Territory of Goa, AIR 1971 Goa 27.

The final order which the appellate passes in appeal is a quasi-judicial order. When it is a quasi-judicial order it must be a speaking order. Reasons must be given by the appellate authority for allowing or dismissing the appeal. Tajdin Facerbhai v. Union Territory of Goa, AIR 1971 Goa 27.

During the pendency of an application under sub section (3) of Section 12 a writ petition is maintainable. Tajdin Facerbhai v. Union Territory of Goa, AIR 1967 Goa158.

13. Power of Central Government or local authority to suspend exhibition of films in certain cases —

(1) The Lieutenant- Governor or, as the case may be, the Chief Commissioner, in respect of the 1 whole or any part of a Union territory], and the district magistrate in respect of the district within his jurisdiction, any, if he is of opinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the film and during such suspension the film shall be deemed to be an uncertified film in the State, part or district, as the case may be.

(2) Where an order under sub section 91)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 therefore, 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 tore 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.

———

1. Subs. by Act 58 of 1960, sec. 3 and Sch. II, for “whole Part C State or any part thereof” (w.e.f. 26-12-1960).

14. Penalties for contravention of this Part –

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

15. Power to revoke licence –

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

16. Power to make rules – –

1(1)] The Central Government may, by notification in the Official Gazette, make rules-

(a) Prescribing the terms, conditions and restrictions, if any, subject to which licences may be grated 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.

2(2) Every rule made by the Central Government under this Part shall be laid, as soon s 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 session aforesaid, both Houses agree that the rule should be me made, the rule shall thereafter have effect only in such modified form or be of no effect, the case maybe, so, however, that any such modification or annulment shall be without prejudice the validity of anything previously done under that rule.

—————-

1. Section 11 renumbered as sub-section (1) thereof by Act 49 of 1981, sec. 19 (w.e.f. 1-6-1983).

2. Ins. by Act 49 of 1981, sec. 19 (w.e.f. 1-6-1983).

17. Power to exempt –

The Central Government may by order in writing exempt,1 subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class or cinematograph exhibitions from any of the provisions of this part or of any rules made there under.

Notes

As the expression Central Government in relation to anything done before the constitution means the Governor-General or Governor-General in Council, it is obvious that the Notification of 1942 issued by the Chief Commissioner of Delhi under Section 9 of Cinematograph Act, 1918 must be deemed to have been issued by the Central Government. It cannot be said to be inconsistent with the Act of 1952.

———————

1. For such general exemptions, see Gazette of India, 1954, Pt. II, Sec. 3, p. 240, Gazette of India, 1955, Pt. II, Sec. 3, p. 310.

Chapter IV – REPEAL

18. Repeal –

The cinematograph Act, 1918 (2 of 1918), is hereby repealed.

Provided that in relation to part A states and Part B states the repeal shall have effect only in so far as the said Act relates to the sanctioning of cinematograph films for exhibition.

Note

The wording of section 18 shows that the repeal of the Cinematograph Act, 1918 is confined to that portion of the old Act which is covered by Part II of the new Act. Section 6 is one of the repealed sections, but the issuing of the licences and the procedure provided therefore cannot be said to come within the wording of the repealing section. Bharat Bhushan v.p. C. Saxena, AIR 1955 All 82.

Bydeb

The Cable Television Networks (Regulations) Ordinance Act, 1995

Chapter I PRELIMINARY

1. Short title, extent and commencement –

(1) This ordinance may be called the Cable Television Networks (Regulation) Ordinance, 1995.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 29th day of September, 1994

COMMENTS

The Ordinance is a special penal law. It extends to all the States as well as the Union Territories. The State of Jammu and Kashmir is no exception. This Ordinance came into force on 29th September, 1994, the date of its promulgation by the President

2. Definition

In this Ordinance, unless the context otherwise requires –

1[(a) “authorised officer” means, within his local limits of jurisdiction,—

(i) a District Magistrate, or

(ii) a Sub-divisional Magistrate, or

(iii) a Commissioner of Police,

and includes any other officer notified in the Official Gazette, by the Central Government or the State Government, to be an authorised officer for such local limits of jurisdiction as may by determined by that Government;]

2(aa) “Cable operator” means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network.

(b) “Cable service” means the transmission by cables of programmes including re-transmission (by cables of any broadcast television signals):

(c) “Cable television network” means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers.

(d) “Company” means a company as defined in section 3 of the Companies Act, 1956 (1 0f 1956)

(e) “Person” means –

(i) An individual who is a citizen in India

(ii) An association of individuals or body of individuals, whether incorporated or not, whose members are citizens of India

(iii) A company in which not less than fifty one per cent of the paid up share capital is held by the citizens of India.

(a) “Prescribed” means by rules made under this Ordinance.

(b) “Programme” means any television broadcast and includes-

(i) Exhibition of films, features, dramas, advertisement and serials through video cassette recorders or video cassette players. (ii) Any audio or visual or audio-visual live performance or presentation, and the expression “programming service” shall be construed accordingly.

(a) “Registering authority” means such authority as the Central Government may, by notification in the Official Gazette, specify to perform the functions of the registering authority under this Ordinance.

(b) “Subscriber” means a person who receives the signals of cable television network at a place indicated by him to the cable operator, without further transmitting it to any other person.

COMMENTS

Clause (a):

“Cable Operator” means any person who-

(i) Provides cable service through a cable television network, or-

(ii) Otherwise controls the management and operation of a cable television network, or

(iii) Is responsible for the management and operation of a cable television network

Clause (b):

(i) Means the transmission by cables of programmes, and (ii) Includes the re-transmission by cables of any broadcast television signals.

Clause (h):

The Head Post Master of a Head Post Office has been notified as the Registering Authority, vide S.O. 718 (E) dated 29.9.1994

Clause (I):

A person who receives the signals of cable television network and further transmits such signals to any other person, cannot be called “subscriber”.

COMMENTS

The Head Post Master of a Head Post Office of the area within whose territorial jurisdiction the office of the cable operator is situated, has been notified as the Registering Authority, vide S.O. 718 (E), dated 29th September, 1994.

————————-

1. Ins. by Act 36 of 2000, sec. 2 (w.e.f. 1-9-2000).

2. Clause (a) re-lettered as clause (aa) by Act 36 of 2000, sec. 2 (w.e.f. 1-9-2000).

Chapter II REGULATION OF CABLE TELEVISION NETWORK

3. Cable television network not to be operated except after registration-

No person shall operate a cable television network unless he is registered as a cable operator under this Ordinance:

Provided that a person operating a cable television network, immediately before the commencement of this Ordinance, may continue to do so for a period of ninety days from such commencement, and if he has made an application for registration as a cable operator under section 4 within the said period, till he is registered under that section or the registering authority refuses to grant registration to him under that section.

COMMENTS

A person must get himself registered as cable operator under this Ordinance, for operating a cable television network,

However, a person operating a cable television network immediately before the commencement of the Ordinance, may continue to do so-

(a) For a period of 90 days from such commencement, and

(b) Till-

(c) He is registered under section 4 (3), or (i) The registering authority refuses to grant registration under proviso to section 4 (3) to him.

4. Registration as cable operator – –

(1) Any person who is operating or is desirous of operating a cable television network may apply for registration as cable operator to the registering authority.

(2) An application under sub section (1) shall be made in such form and be accompanied by such fee as may be prescribed.

(3) On receipt of the application, the registering authority shall satisfy itself that the applicant has furnished all the required information and on being so satisfied, register the applicant as a cable operator and grant to him a certificate of such registration. Provided that the registering authority may, for reasons to be recorded in writing and communicated to the applicant, refuse to grant registration to him if it is satisfied that he does not fulfill the condition specified in clause (e) of section 2.

COMMENTS

An application for registration as a cable operator has to be made in Form-1 accompanies by a fee of Rupees fifty only ( Indian Postal Order only ) to the Head Post Master of the area within whose territorial jurisdiction the office of the cable operator is situated.

Registration shall be valid for 12 months and also renewable. The provision of Rule 3 of the Cable Television Networks Rules, 1994 shall apply mutatis mutandis to an application for renewal of the registration.

The registering authority (Head Post Master) concerned – Shall register the applicant as a cable operator and grant to him a certificate of registration in Form 3 or,

May, for reasons to be recorded in writing and communicated in Form 4 to the applicant, refuse to grant registration to him.

4A. Transmission of programmes through addressable system, etc.-

1[4A. Transmission of programmes through addressable system, etc.(1) Where the Central Government is satisfied that it is necessary in the public interest to do so, it may, by notification in the Official Gazette, make it obligatory for every cable operator to transmit or retransmit programme of any pay channel through an addressable system with effect from such date2 as may be specified in the notification and different dates may be specified for different States, cities, towns or areas, as the case may be.

(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, specify one or more free-to-air channels to be included in the package of channels forming basic service tier and any or more such channels may be specified, in the notification, genre-wise for providing a programme mix of entertainment, information, education and such other programmes.

(3) The Central Government may specify in the notification referred to in sub-section (2), the number of free-to-air channels to be included in the package of channels forming basic service tier for the purposes of that sub-section and different members may be specified for different States, cities, towns or areas, as the case may be.

(4) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, specify the maximum amount which a cable operator may demand from the subscriber for receiving the programmes transmitted in the basic service tier provided by such cable operator.

(5) Notwithstanding anything contained in sub-section (4), the Central Government may, for the purposes of that sub-section, specify in the notification referred to in that sub-section different maximum amounts for different States, cities, towns or areas, as the case may be.

(6) Notwithstanding anything contained in this section, programmes of basic service tier shall be receivable by any subscriber on the receiver set of a type existing immediately before the commencement of the Cable Television Networks (Regulation) Amendment Act, 2002 without any addressable system attached with such receiver set in any manner.

(7) Every cable operator shall publicise, in the prescribed manner, to the subscribers the subscription rates and the periodic intervals at which such subscriptions are payable for receiving each pay channel provided by such cable operator.

(8) The cable operator shall not require any subscriber to have a receiver set of a particular type to receive signals of cable television network:

Provided that the subscriber shall use an addressable system to be attached to his receiver set for receiving programmes transmitted on pay channel.

(9) Every cable operator shall submit a report to the Central Government in the prescribed form and manner containing the information regarding—

(i) the number of total subscribers;

(ii) subscription rates;

(iii) number of subscribers receiving programmes transmitted in basic service tier or particular programme or set of programmes transmitted on pay channel,

in respect of cable services provided by such cable operator through a cable television network, and such report shall be submitted periodically at such intervals as may be prescribed and shall also contain the rate of amount, if any, payable by the cable operator to any broadcaster.

Explanation.—For the purposes of this section,—

(a) “addressasble system” means an electronic device or more than one electronic devices put in an integrated system through which signals of cable television network can be sent in encrypted or unencrypted form, which can be decoded by the device or devices at the premises of the subscriber within the limits of authorisation made, on the choice and request of such subscriber, by the cable operator to the subscriber;

(b) “basic service tier” means a package of free-to-air channels provided by a cable operator, for a single price to the subscribers of the area in which his cable television network is providing service and such channels are receivable for viewing by the subscribers on the receiver set of a type existing immediately before the commencement of the Cable Television Networks (Regulation) Amendment Act, 2002 without any addressable system attached to such receiver set in any manner;

(c) “channel” means a set of frequencies used for transmission of a programme;

(d) “encrypted”, in respect of a signal of cable television network, means the changing of such signal in a systematic way so that the signal would be unintelligible without a suitable receiving equipment and the expression “unencrypted” shall be construed accordingly;

(e) “free-to-air-channel”, in respect of a cable television network, means a channel, the reception of which would not require the use of any addressable system to be attached with the receiver set of a subscriber;

(f) “pay channel”, in respect of a cable television network, means a channel the reception of which by the subscriber would require the use of an addressable system to be attached to his receiver set.]

Comments

Vide S.O. 39(E) dated 14th January, 2003 the Central Government notifies the 15th day of January, 2003 as the date within six months from which it shall be obligatory for every cable operator to transmit/re-transmit programmes of every pay channel through an addressable system in the areas specified below, namely:—

1. Chennai Metropolitan area; 2. Municipal Council of Greater Mumbai area; 3. Kolkata Metropolitan area; 4. National Capital Territory of Delhi.

——————–

1. Ins. by Act 2 of 2003, sec. 2 (w.e.f. 31-12-2002).]

2. 31st December, 2006, vide S.O. 1231(E), dated 31st July, 2006, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 31st July, 2006.

5. Programme Code –

No person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with the prescribed programme code.

1[***]

——————

1. Proviso omitted by Act 36 of 2000, sec. 3 (w.e.f. 1-9-2000).

6. Advertisement Code .-

No person shall transmit or re-transmit through a cable service and advertisement unless such advertisement is in conformity with the prescribed advertisement code.

Provided that nothing in this section shall apply to the programmes of foreign satellite channels which can be received without the use of any specialised gadgets or decoder.

COMMENTS

No person shall have a right to transmit or re-transmit through a cable service any programme which is not in conformity with the Advertising Code prescribed under rule 7 of the Cable Television Networks Rules, 1994.

Programmes of foreign satellite channels which can be received without the use of any specialised gadgets or decoder, are, however, exempted from the operation of this section.

7. Maintenance of register-

Every cable operator shall maintain register in the prescribed form indicating therein in brief the programmes transmitted or re-transmitted through the cable service during a month and such register shall be maintained by the cable operator for a period of one year after the actual transmission or re-transmission of the said programmes.

COMMENTS

It is mandatory for every cable operator to maintain a register in Form 5 prescribed under rule 8 of the Cable Television Networks Rules, 1994.

8. Compulsory transmission of two Doordarshan Channels —

(1) Every cable operator using a dish antenna or Television Receiver only shall, form the commencement f this Ordinance, re- transmit at least two Doordarshan channels of his choice through the cable service. (2) The Doordarshan channels referred to in sub section (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels.

COMMENTS

Every cable operator who uses a dish antenna or Television Receiver only, is bound-

(i) To re-transmit at least two Doordarshan channels of his choice through the Cable service (ii) Without any deletion or alteration of any programme transmitted on such channles, from the commencement of this Ordinance

COMMENTS

It is mandatory for every cable operator to maintain a register in Form 5 prescribed under rule 8 of the Cable Television Networks Rules, 1994.

9. Use of standard equipment in cable television network-

No cable operator shall, on and from the date of the expiry of a period of three years from the date of establishment and publication of the Indian Standard by the Bureau of Indian Standards in accordance with the provisions of the Bureau of Indian Standards Act, 1986 (63 of 1986) use any equipment in his cable television network unless such equipment conforms to the said Indian Standard.

COMMENTS

On and from the date of expiry of a period of 3 years from the date of establishment and publication of the Indian Standard by the BIS, every cable operator shall be under a statutory obligation to use any equipment in his cable television work, which must conform to the said Indian Standard.

10. Cable television network not to interfere with any telecommunication system-

Every cable operator shall ensure that the cable television network being operated by him does not interfere, in any way, with the functioning of the authorised telecommunication system.

COMMENTS

A duty in case on every cable operator to ensure that his cable television network does not interfere, in any way, with the functioning of the authorised telecommunication systems.

Chapter III SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT

11. Power to seize equipment used for operating the cable television network –

(1) If any officer, not below the rank of a Group,’A’ officer of the Central Government authorised in this behalf by the Government (hereinafter referred to as the authorised officer) has reason to believe that the provisions of section 3 have been or are being contravened by any cable operator, he may seize the equipment being used by such cable operator for operating the cable television network.

(2) No such equipment shall be retained by the authorised officer for a period exceeding ten days from the date of its seizure unless the approval of the District Judge within the local limits of whose jurisdiction such seizure has been made, has been obtained for such retention.

COMMENTS

The authorised officer may, if he has reason to believe that-

(i) The provisions of section 3 have been contravened by any cable operator, or

(ii) The provisions of section3 are being contravened by any cable operator seize the equipment being used by such cable television network.

He is not competent to retain the equipment seized for a period exceeding 10 days from the date of its seizure, without the approval of the District Judge, within the local limits of jurisdiction such seizure was made.

12. Confiscation –

The equipment seized under sub section (1) of section 11 shall be liable to confiscation unless the cable operator from whom the equipment has been seized registered himself as a cable operator under Section 4 within a period of thirty days from the date of seizure of the said equipment.

COMMENTS

Where the cable operator from whom the equipment has been registers himself as a cable operator under Section 4 (i.e. obtained a licence) within a period 30 days from the date of seizure thereof, such seized equipment could not be confiscated.

13. Seizure or confiscation of equipment not to interfere with other punishment-

No seizure or confiscation of equipment referred to in section 11 or section 12 shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this Ordinance. Simultaneously with seizure or confiscation of equipment referred to in section 11 or section 12, any punishment to which the person affected thereby is liable under this Ordinance may also be inflicted on him .

14. Giving of opportunity to the cable operator of seized equipment –

(1) No order adjudicating confiscation of the equipment referred to in section 12 shall be made unless the cable operator has been given a notice in writing , informing him of the grounds on which it is proposed to confiscate such equipment and giving him a reasonable opportunity of making a representations in writing , within such reasonable time as may specified in the notice against the confiscation and if he do desires of being heard in the matter.

Provided that where no such notice is giving within a period of ten days from the date of seizure of the equipment, such equipment shall be returned after the expiry of that period to the cable operator form whose possession it was seized. (2) Save as otherwise provided in sub section (1), the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, so far as may be, apply to every proceeding referred to in sub section (1).

COMMENTS

Before any order adjudicating confiscation of the equipment referred to in section 12 could be validly made, two conditions must be satisfied, namely:-

1. A notice in writing informing him of the grounds on which it is proposed to confiscate such equipment, and

2. A reasonable opportunity of making a representation in writing against the confiscation, have been given to the cable operator. Such notices should also specify-

3. A reasonable time within which “representation” is to be made, and

4. If the cable operator desires of being heard in the matter.

Proviso to sub section (1) mandates that the equipment seized will have to be returned to the cable operator from whose possession it was seized where a notice stipulated in sub section 91) has not been given within 10 days from the date of the seizure thereof.

The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, so far as may be, apply to every proceeding referred to in sub section, (1) i.e., in relation to adjudicating confiscation.

15. Appeal —

(1) Any person aggrieved by any decision of the court adjudicating of confiscation of the equipment may prefer an appeal of the court to which an appeal lies from the decision of such court.

(2). The appellate court may, after giving the appellant an opportunity of being heard, pass such orders as it thins fit confirming, modifying or revising the decision appealed against or may send back the case with such directions as it may think fit for a fresh decision or adjudication, as the case may be, after taking additional evidence if necessary.

(3) No further appeal shall lie against the order of the court made under sub section(2).

COMMENTS

Any decision of the court adjudicating a confiscation of the equipment is appeasable.

An appeal lies to the court to which an appeal lies from the decision of such court.

Only a person who is aggrieved by the decision of the adjudicating court has right to prefer an appeal.

The period of limitation for filling an appeal is 30 days (not I month).

The appellate court-

(i) Is bound to give the appellant an opportunity of being heard and

(ii) Has powers to confirm, modify or revise the decision appealed against, or to send back the case for a fresh decision or adjudication.

No appeal shall lie against the order of the appellate court.

Chapter IV OFFENCES AND PENALTIES

16. Punishment for contravention of the provision of this Ordinance-

1[(1)] Whoever contravenes any of the provisions of this Act shall be punishable,—

(a) for the first offence, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both;

(b) for every subsequent offence, with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

2[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the contravention of section 4A shall be a cognizable offence under this section.]

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1. Section 16 re-numbered as sub-section (1) thereof by Act 2 of 2003, sec. 5 (w.e.f. 31-12-2002).

2. Ins. by Act 2 of 2003, sec. 5 (w.e.f. 31-12-2002).

17. Offences by companies –

(1) Where an offence under this Ordinance has been committed by a company, every person who , at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this sub section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub section (1), where any offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager , secretary or other officer of the company, such director , manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly or other association of individuals, and

Explanation – For the purpose of this section-

(a) “Company” means any body corporate and includes a firm or other association of individuals, and (b) “Director” in relation to a firm, means a partner in the firm.

(b) “director” in relation to a firm, means a partner in the firm.

18. Cognizance of offence –

No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made 1[by any authorised officer].

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1. Subs. by Act 36 of 2000, sec. 7, for certain words (w.e.f. 1-9-2000).

Chapter V MISCELLANEOUS

19. Power to prohibit transmission of certain programmes in public interest-

Where 1[any authorised officer] thinks it necessary or expedient so to do in the public interest, he may, by order, prohibit any cable operator from transmitting or re-transmitting 2[any programme or channel if, it is not in conformity with the prescribed programme code referred to in section 5 and advertisement code referred to in section 6 or if it is] likely to promote, on grounds of religion, race, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, linguistic or regional groups or castes or communities or which is likely to disturb the public tranquillity.

————————

1. Subs. by Act 36 of 2000, sec. 8, for certain words (w.e.f. 1-9-2000).

2. Subs. by Act 36 of 2000, sec. 8, for “any particular programme if it is” (w.e.f. 1-9-2000).

20. Power to prohibit operation of cable television network in public interest–

1[(1)] Where the Central Government thinks it necessary or expedient so to do in public interest, it may prohibit the operation of any cable television network in such areas as it may, by notification* in the Official Gazette, specify in this behalf.

2[(2) Where the Central Government thinks it necessary or expedient so to do in the interest of the—

(i) sovereignty or integrity of India; or

(ii) security of India; or

(iii) friendly relations of India with any foreign State; or

(iv) public order, decency or morality, it may, by order, regulate or prohibit the transmission or re-transmission of any channel or programme.

(3) Where the Central Government considers that any programme of any channel is not in conformity with the prescribed programme code referred to in section 5 or the prescribed advertisement code referred to in section 6, it may by order, regulate or prohibit the transmission or re-transmission of such programme.]

Comments

The Central Government prohibits the cable television networks which are carrying the programme containing the foreign satellite television channel “TB-6” throughout the country vide G.S.R. 705(E), dated 20th October, 1999.

In exercise of the powers conferred by sub-section (2) of section 20 of the Act, the Central Government has prohibited the transmission/re-transmission of satellite TV channel, namely “REN TV” through Cable Television Networks throughout the country, vide S.O. 349(E), dated 5th March, 2004.

————————

1. Section 20 re-numbered as sub-section (1) thereof by Act 36 of 2000, sec. 9 (w.e.f. 1-9-2000).

* The Central Government prohibits the cable television networks which are carrying the programme containing the foreign satellite television channel “TB-6” throughout the country vide Notification No. G.S.R. 705(E), dated 20th October, 1999.

2. Ins. by Act 36 of 2000, sec. 9 (w.e.f. 1-9-2000).

21. Application of other laws not barred–

The provisions of this Ordinance shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940 ) , the Pharmacy Act, 1948 (8 of 1948), the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950), the Drugs (Control) Act, 1950 (26 of 1950), the cinematograph Act, 1952( 37 of 1952) the Drugs and Magic Remedies (objectionable Advertisement) Act, 1954 (21 of 1954), the Prevention of Food Adulteration Act, 1954 (37 of 1954), the Prize Competitions Act, 1955 (42 of 1955), the Copyright Act, 1957 (14 if 1957), the Trade and Merchandise Marks Act, 1958 (43 if 1958), the Indecent Representation of Women ( Prohibition) Act, 1986 (60 of 1986) and the Consumer Protection Act, 1986 ( 68 of 1986).

22. Power to make rules –

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-

(a) The form of application and the fee payable under sub section (2) of section 4.

(b) The programme code under section 5.

(c) The advertisement code under Section 6.

(d) The form of register to be maintained by a cable operator under section 7.

(e) Any other matter which is required to be, or may be prescribed.

(3) Every rule made under this Ordinance 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 modifications in the rule or both Houses agree that the rule should be made, the rule shall thereafter have effect in such modified form or be of no effect, as the case may be, so, however, that as any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

23. Repeal and savings –

(1) The Cable Television Networks (Regulation) Ordinance , 1994 (Ord. 9 of 1994) is hereby repealed.

Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Ordinance

Rules CABLE TELEVISION NETWORKS RULES, 1994

1. Short title and commencement –

In exercise of the powers conferred by sub section (1) of section 22 of the Cable Television Networks (Regulation) Ordinance, 1944 (9 of 1994), the Central Government makes the following rules, namely:-

1. Short title and commencement – (1) These rules may be called the Cable Television Networks Rules, 1994. (2) They shall come into force on the date of their publication in the Official Gazette

2. Definitions –

In these rules unless the context otherwise requires –

(a) “Cable operator” means any person who provides cable service through a cable television network of otherwise controls or is responsible for the management and operation of a cable television networks.

(b) ‘Cable service” means the transmission by cables of programmes including re-transmission by cables of any broadcast television signals.

(c) “Cable television network” means any system consisting of a set of closed transmission paths and associated signals generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers.

(d) “Company” means a company defined in section 3 of the Companies Act, 1956.

(e) “Form” means form appended to these rules.

(f) “Person” means:

(i) An individual who is a citizen of India

(ii) An association of individuals or body of individuals, whether incorporated or not, whose members are citizens of India

(iii) A company in which not less than fifty one percent of the paid up share capital is held by the citizens of India.

(a) “Programme” means any television broadcast and includes:

(i) Exhibition of films, features, dramas, advertisement and serials through video cassette recorders or video cassette players.

(ii) Any audio or visual or audio-visual live performance or presentation and the expression “programming service” shall be construed accordingly

(a) “Registering authority” means the registering authority notified under clause (h) of section 2 of the Cable television Networks (Regulation) Ordinance 1994.

(b) “Subscriber” means a person who receives the signal of cable television network at a place indicated by him to the cable operator, without further transmitting it to any other person.

3. Application for registration as a cable television network in India –

(1) Every application for registration as a cable television network in India shall be made in writing in Form 1 and shall be renewable after every twelve months.

(2) The application shall be addressed to the Registering Authority and delivered to his office in Form1.

(3) Every application shall be accompanied by-

(a) A fee of Rs.50/- vide Postal Order No————-dated—————–on Post office and

(b) The requisite documents mentioned in Form 1 and 2.

4. Examination of applications-

(1) on receipt of an application under rule 3 the registering authority shall examine the application having regard to the provisions of section 4 of the Ordinance..

5. Registration –

On being satisfied that the applicant fulfills the provisions of the Ordinance, the registering authority shall issue a registration certificate in Form 3.

Provided that where the registering authority is satisfied that the registration cannot be granted to the applicant, he shall inform the applicant in Form 4.

6. Programme Code –

(1) No programme should be carried in the cable service which –

(i) Offends against good taste or decency

(ii) Contain criticism of friendly countries

(iii) Contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes

(iv) Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths.

(v) Is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote anti-national attitudes.

(vi) Contains anything amounting to contempt of court.

(vii) Contains aspersions against the integrity of the President and judiciary

(viii) Contains anything affecting the integrity of the Nation

(ix) Criticises, maligns or slanders any individuals in person or certain groups,

(x) segments of social, public and moral life of the country.

(xi) Encourages superstition or blind belief.

(xii) Denigrates women through the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals.

(xiii) Denigrates children

(xiv) Contain visuals or words reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups.

(xv) Contravenes the provisions of the Cinematograph Act, 1952.

(2) The cable operator should strive to carry porgrammes in his cables service which project women in a positive, leadership role of sobriety, moral and character building qualities.

(3) Programmes meant for adults should normally be carried in the cable service after 11 p.m. and before 6.a.m.

(4) Care should be taken to ensure that programmes meant for children do not contain any bad language or explicit scenes of violence. (5) Programmes unsuitable for children must be carried in the cable service at times when the largest numbers of children are viewing

7. Advertising code –

(1) Advertising carried in the cable service shall be so designed as to conform to the laws of the country and should not offend morality, decency and religious susceptibilities of the subscribers.

(2) No advertisement shall be permitted which –

(i) Derides any race, caste, colour, creed and nationality

(ii) Is against any provision of the Constitution of India

(iii) Tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way.

(iv) Presents criminality as desirable

(v) Exploits the national emblem, or any part of the Constitution or the person or personality of a national leader or a State dignitary

(vi) In its depiction of women violates the Constitutional guarantees to all citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must be portrayed in a manner that emphasises passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator shall ensure that the portrayal of the female form, in the programmes carried in his cable service is tasteful and aesthetic and is within the well established norms of good taste and decency.

(vii) Exploits social evils like dowry, child marriage

(3) No advertisement shall be permitted the objects whereof are wholly or mainly of a religious or political nature, advertisement must not be directed towards any religious or political end.

(4) The goods or services advertised shall not suffer from any defect or deficiency as mentioned in Consumer Protection Act, 1986.

(5) No advertisement shall contain references which are likely to lead the public to infer that the product advertised or any of its ingredients has some special or miraculous or super-natural property or quality, which is difficult of being proved.

(6) The picture and the audible matter of the advertisement shall not be excessively `loud’.

(7) No advertisement which endangers the safety of children or creates in them many interest in unhealthy practises or shows them begging or in an undignified or indecent manner shall not be carried in he cable service.

(8) Indecent, vulgar, suggestive, repulsive or offensive themes or treatment shall be avoid in all advertisements.

(9) No advertisement which violates the standards of practise for advertising agencies as approved by the Advertising Agencies Association of India, Bombay, form time to time shall be carried in the cable service.

(10) All advertisement should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz. Use of lower part of screen to carry captions, static or moving alongside the programme.

8. Register –

Each cable operator shall maintain a register in Form 5 for each month of the year for which the registration is granted.