The Cinematograph Act, 1952
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.
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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).
