The Cinematograph Act, 1952
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.]
(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).