The Cinematograph Act, 1918

The Cinematograph Act, 1918

The Cinematograph Act, 1918

ACT No.2 OF 1918

[6th March, 1918.]

1. This Act has been repealed by the Cinematograph Act, 1952 (37 of 1952) s.18 which reads thus: {“The Cinematograph Act, 1918 (2 of 1918) is hereby repealed: Provided that in relation to Part A States and Part B States the repeal shall have effect only in so far as the said Act relates to the sanctioning of cinematograph films for exhibition.”} {The Act has been amended in the U.P.by the U.P.Act 7 of 1942, in Madhya Pradesh by Madhya Pradesh Act 17 of 1952; in Punjab by Punjab Act 11 of 1952; in Orissa by Orissa Act 2 of 1954 and in Andhra by Presidents, Act 4 of 1955.}

An Act to make provision for regulating exhibitions by means of cinematographs.

WHEREAS it is expedient to make provision for regulating exhibitions by means of cinematographs; It is hereby enacted as follows:-

2. Definitions

In this Act, unless there is anything repugnant in the subject or context:-

1[ “adult ” means a person who has completed his eighteenth year ;]

2 [ “Authority” means the Authority constituted by the Central Government under section 6 ;]

“Cinematograph” includes any apparatus for the representation of moving pictures or series of pictures;

” Place ” includes also a house, building, 3[tent or any description of transport, whether by sea, land or air ;] and

” Prescribed ” means prescribed by rules made under this Act.

1. Ins. by Act 39 of 1949, s.2.

2. Ins. by Act 62 of 1948, s.3.

3. Subs. by Act 62 of 1948. s.3, for ” tent or vessel “.

1[2A. Rule of construction in the application of Act to Part b States

In the application of this Act to any Part B State, unless there is anything repugnant in the subject or context,-

2[(a)* * *]

(b) References to the District Magistrate shall be construed as references to the corresponding authority in the Part B State; and

2[(c)* * *]

1.Ins. by Act 62 of 1949, s.4, as amended by the A.O.1950.

2. Cls.(a) and (c) omitted by the A.O.1950.

3. Cinematograph exhibitions to be licensed

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

4. Licensing authority

The authority having power to grant licences under this Act (hereinafter referred to as the ” licensing authority “) shall be the District Magistrate, or, in a presidency-town 1 , the Commissioner of Police: Provided that the State Government may, by notification in the Official Gazette, constitute for the whole or any part of a State such other authority as it may specify in the notification to be the licensing authority for the purposes of this Act.

The words “or in the town of Rangoon ” rep.by the A.O.1937.

5. Restrictions on powers of licensing authority

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

(a) The rules made under the Act have been substantially complied with; and

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

1[(2) The grant of every licence shall be subject to the conditions that the licensee will not exhibit, or permit to be exhibited, in such place-

(a) Any film other than a film which has been certified by the Authority as suitable for unrestricted public exhibition or for public exhibition restricted to adults, and which when exhibited, displays the prescribed mark of that Authority, and has not been altered or tampered with in any way since such mark was affixed thereto;

(b) Any film which has been certified by the Authority as suitable for public exhibition restricted to adults to any person who is not an adult;

(c) Any film contrary to any directions that may be issued from time to time in this behalf by the Central Government under sub-section (2A);

And such conditions shall be deemed to be inserted in every licence.

(2A) The Central Government may from time to time issue directions to licensees generally, or to any licensee, in particular, for the purpose of regulating the exhibition of any film or class of films so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited.]

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

Subs.by Act 62 of 1949, s.5, for sub-sections (2) and (2A).

6. Certification of films

1[6. Certification of films

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

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

(3) If the Authority is of opinion that a film is neither suitable or Unrestricted public exhibition nor for public exhibition restricted D adults, it shall inform the person applying for the certificate of its decision.

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

(5) If the Central Government rejects an appeal on the ground that a film is neither suitable for unrestricted public exhibition n for public exhibition restricted to adults, it shall, by notification the Official Gazette, direct that the film shall be deemed to be uncertified film in the whole of the territories to which this Act extends.

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

(7) Notwithstanding anything contained in this Act’ the Cent Government may, of its own motion, by notification in the Office Gazette, direct that-

(a) A certified film shall be deemed to be an uncertified film in the whole or any part of the territories to which this Act extends, or

(b) A film in respect of which a “U ” certificate has b granted shall be deemed to be a film in respect of which an ” A ” certificate has been granted.

Explanation.-The grant of an ” A” certificate in respect of any film shall not be deemed to prohibit the exhibition thereof to children below the age of three.]

1 S. 6 were subs, for he original ss.6 to 9 by Act 62 of 1949 s.6 (from 15-1-51).

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

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

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

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

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

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

1. S. 7 were subs, for he original ss.6 to 9 by Act 62 of 1949 s.6 (from 15-1-51 ).

8. Penalties

1[8. Penalties

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

(2) The exhibition of a film contrary to any order or direction under sub-section () or sub-section (7) of section 6 or section 7 shall, in the area to which such order or direction relates, be deemed to be a contravention of the conditions mentioned in sub-section (2) of section 5 and shall be punishable as provided in this section.

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

1. S. 8 were subs, for he original ss.6 to 9 by Act 62 of 1949 s.6 (from 15-1-51 ).

9. Power to make rules

1[9. Power to make rules

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

(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-

(a) The manner in which the Authority shall be constituted;

(b) The delegation of any of the powers of the Authority to such person or persons as the Authority may nominate in this behalf;

(c) The procedure of the Authority for examining and certifying films as suitable for public exhibition, and all matters ancillary thereto and the fees to be levied by such Authority;

(d) The appointment of officers subordinate to the Authority and the regulation of the powers and duties of such officers;

(e) The conditions subject to which any certificate may be granted under this Act or the circumstances in which any certificate shall be refused;

(f) The manner in which any appeal under this Act may be preferred;

(g) Any other matter which by this Act is to be prescribed.

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

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

(5) All rules made by the Central shall be laid b Government under this Act shall be laid before 3[Parliament] as soon as may be after they are made.

1. S. 9 were subs, for he original ss.6 to 9 by Act 62 of 1949 s.6 (from 15-1-51 ).

2. For the Cinematograph (Censorship) Rules, 1951, see Gazette of India , 1951, Extraordinary, Pt.II, Sec.3, p.1.

3. Subs.by the A.O.1950 for ” the Dominion Legislature “.

10. Power to give directions

1[10. Power to give directions

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

S. 10 were subs, for he original ss.6 to 9 by Act 62 of 1949 s.6 (from 15-1-51).

11. Power to exempt

1[11. Power to exempt

The Central Government may, by order in writing, exempt 2 subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class of cinematograph exhibitions from any of the provisions of this Act or of any rule made thereunder.]

1. S. 11 were subs, for he original ss.6 to 9 by Act 62 of 1949 s.6 (from 15-1-51 ).

2. For such general exemptions, see Gazette of India, 1952, Pt.II, Sec 3, pp.1578 and 1580.

Misc – Laws and Bare Acts of India

Indian Laws – Bare Acts

Leave a Comment

Your email address will not be published. Required fields are marked *