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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 174] NEW DELHI, MONDAY, MAY 9, 1983/VATSAKHA 19, 1905

Separate Paging is given to this Part in order that it may be filed as a separate

" compilation

(1)

169 GI/83

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART IT—SEC. 3(0)

"I

J

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 5 6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 7 8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 9 10 THE GAZETTE OF INDTA : EXTRAORDINARY [PART II—SEC. 3(i)] 11 12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC 3(i)] 13 14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(0] 15 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART TT~SEC. 3(0] 17 18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)l 19 20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 21 22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

MINISTRY OF INFORMATION AND BROADCASTING

New Delhi, the 9th May, 1983

NOTIFICATION

G.S.R. 381(E).—In exercise of the powers conferred by section 8 of the Cinematograph Act, 1952 (37 of 1952), and in supersession of the Cinematograph (Censorship) Roles 1958. the Central Government hereby makes the following rules, namely v—

1. Short title and commencement.—(1) These rules may

be called the Cinematograph (Certification) Rules, 1983.

(2) They shall come into force on 1st day of June

1983.

2. Definitions.—In these rules, udlesf the context otherwise

requires,—

(1) "Act" means the Cinematograph Act. 1952 (37 of

1952);

(11) "advisory panel" means the advisory panel of the

Board constituted under rule 7;

23

(iv) "assistant regional officer" moans an assistant re- gional officer appointed under rule 9 and includes the Secretary to Chairman;

(v) "Board" means the Board of Film Certification

constituted under section 3;

(vi) "Chairman" means the Chairman of the Board;

(vii) "Chief Executive officer" means a Chief Executive

Officer appointed under rule 9;

(viil) "examining officer" means a regional officer or an additional regional officer or an assistant re- gional officer or the Secretary to Chairman or such other officer who is a member of the examining committee appointed under sub-rule (1) of rule 22;

(ix) "feature film" means fictionalised story film exceeding 2000 metres in length ID 35 mm or equi- valent length in other gauge*;

(x) "imported" means bringing into India from a place

outside India;

(xi) "long" film is a film with a length exceeding 2000 metres in 35 mm or equivalent length in other gauges;

(xli) "member** means a member of the Board and

includes the Chairman;

(xlii) "regional officer" means a regional officer appoint- ed under rule 9 and includes a chief executive officer an additional reslonal officer and an assis- tant regional officer or such othtr officer appointed under that rule;

(xiv) "Secretary to the Tribunal" means the officer of Government appointed to function as the Secretary to the Appellate Tribunal under sub-section (7) of section 5D;

(xv) "section" means a section of the Act; -

(xvl) "short film is a film with a length upto and includ-

ing- 2000 metres in length fn 35 mm or equivalent. length in other gauges.

3. Terms of office.—(1) A member of the Board shnll

hold office during the pleasure of the Central Government.

(2) Subject to the rwovisjons of suh-rnle (1), the Chair- man shall hold office for a period of three years and shall continue to hold office until his successor is appointed.

Provided that pending the appointment of his successor the Central Government may appoint another person to act "s Chairman for a period not exceeding one year.

(3) Subject to flSe provision* of sub-rule (1), every other member shall hojd office for a period not exceedine three iwars.

(4) A retiring member or a member whose* term of office hag expired by efflux of time shall be eligible for re- appointment.

4% Casual vacancy.—A casual vacancy caused in. the Board by resignation, death or removal of a member or ofnerwfae shnll be filled by the appointment of another mem- ber who shall hold office for the full term of membership provided under sub-rule (3) of rule 3.

r ™ ^ ^U alC r 9r ^n l e Ss o t h e r w 1^ ""<*"> bv the Central Government, the headquarters of the Board ghall be at Bombay.

any other cause, the Central Government may appoint another person to discharge the functions cf the Chairman until the Chairman resumes his duties.

Provided that where no such appointment Is made, the Chief Executive Officer or the Regional Officer at Bombay shall be addition to his other duties, exercise the powers and perform the duties of the Chairman and shall have the right to participate in meetings of the Board, but shall not be entitled to preside at any meetings.

7. Constitution of advisory panels.—(1) The Central Government sliall constitute an advisory panel at each of the regional offices of the Board.

(2) An advisory panel constituted under sub-rule (1) shall consist of such number of members as the Central Government may, after consultation with the Board, determine.

(3) The Central Government may. after consultation with the Board, appoint any person whom it thinks fit to be a member of an advisory panel :

Provided that the Central Government may dispense with such consultation in respect of such number of members not exceeding one-third of the total number of the members of the advisory panel, as that Government thinks fit.

8, Term of office of members of advisory panels.—(1) A member of an advisory panel shall hold office during the pleasure of the Central Government.

(2) Subject to the provisions of sub-rule (1), every such member "hall hold office foi a period not exceeding two years :

Provided that any person holding office as a member im- mediately before the commencement of these rules shall hold such office only foi the remainder of the term for which he was appointed.

(3) A retiring member or a member whose term of office has expired by efflux of time shall be eligible for re-appointment.

(4) A casual vacancy in an advisory panel caused by the resignation, death or removal cf any member or other- wise shall be filled by fresh appointment and the person so appointed shnll hold office for a period not exceeding two years.

(5) The Central Government may remove from office any member of an advisory panel before the expiration of his term of office :

Provided that a member appointed to an advisory panel after consultation with the Boar;I shall not be so removed except on the recommendation of or after consultation with the Board.

9. Officers of the Board :—

(1) For the purpose of enabling the Board to perform Its funotions under the Act. the Central Government may appoint a chief executive officer, regional officers, additional reffiotwl officers, assistant regional officers and such other officers at tho headquarters and at each of the regional offices of the Board t

Provided that the Central Government may delegate to the Chairmnn/Chief Executive Officer subject to such con- ditions and limitations, if anv. a5 may be specified by ft, the power of appointment conforred on it under this sub- ruTe. other than the nnwers of appointment In relation to the post* of regional officer and additional regional officer :

unable to discharge his function, owInTto a^ncc i fc or

24 THE GAZETTE OP INDIA : EXTRAORDINARY [PART II—SEC. 3(I)J

to them under these rules, or by the Chairman/Chtof Execu- tive Officer or by the Board.

10. Duties of the Board.—The Board shall, in addition

to other duties prescribed under these rules,—

(1) submit an annual report to the Central Government reviewing the work done by the Board durin£ the preceding financial year artd the report shall con- tain a detailed analytical study of the trends in film industry;

(2) prescribe the manner in which the registers, records and accounts of the Buard shall be kept; and

(3) review the work of Regional Officers and members

of the Advisory Panels.

11. Assessment of public reactions to films.—With a view to determining the principles to be observed in certifying films, the Board may take such steps as it thinks fit to assess public reactions to films, and for that purpose, the Board may hold, symposia or seminars of film critics, film writers, com- munity leaders and persons engaged in the film industry, or such other persons and also undertake local or national sur- veys to study the impact of various kinds of films on the public mind.

12. Terms and conditions of service (other than salary and allowances) of the Chairman of the Board and allowances payable to the other members of the Board :

(1) The Chairman, if be is a paid full-time officer, shall be entitled to draw travelling and daily allowances as ad- missible under the Fundamental and Supplementary Rules and shall be entitled to leave and leave salary and such other benefits and shall be governed by such condition* of service as are applicable to Central government officers engaged on contract :

Provided that in the case of an officer of an All India or Central Civil or General Cential Service or State Service being appointed as Chairman he ihall be entitled to leave and leave salary] and other benefits admissible to officers of such service so long as he continues to belong to that service :

Pf6vidcd further that if an officer who has already been holding n post under Government on contract with the bene- fits of Contributory Provident Fimd is appointed as Chairman, he shall be allowed to carry forward the unutilised portion of leave earned by him during previous service and h" shall also continue to be eligible for the Contributory Provident Fund benefits.

13. Allowances payable to members of the adviiory pat*6]^

(1) Every member of the advisory panel shall be entitled to draw travelling and daily allowance* for journeys per- formed by him for attending the meetings of the Board outside the headquarters or for the purpose of discharging any other duties prescribed under the Act on the scale pro- vided under the Fundamental and Supplementary Rules ap- plicable to First Grade officers of Government

(2) Every member of the advisory panel shall be entitled to receive a consultancy fee for attending a preview of film or a meeting of the Committee or Panel or for verification of cuts and affected reels at the rate of Rs. 50 per diem, provided that daily allowancei in term^ of (1) abovo will not b©,admissible in addition for the day or days for which consultancy fee is paid.

14. Meetings of the Board.—(1) Trfc Board shall ordinari- ly meet once a quarter for the transaction of business but the Chairman may at any time call an extraordinary meet- ing, if ho considers it necessary to do so.

(2) Meetings of the Board shall be held at such places

as the Chairman, may at his discretion fix for the purpose.

15. Co-opted members.—The Chairman may co-opt the Chief Executive Officer or any one- or more of the regional officers or any officer of the Central Government as a member or members of the Board for the purpose of attending a particular meeting of the Board and such officer or officers shall then be entitled to participate in the delibera- tions of the Board at that meeting but shall not be entitled to vote.

16. Notice of meetins.—HI At least seven clear davs notice of • all meetings of the Bodrd shall be given to each member but an urgent meeting may be called bv the Chair- man at three clear days notice.

(2) The notice shall state the business to bei transacted at the meetings and no business other than that stated shall be transacted at such meeting except with the consent of the Chairman or on his motion.

17. Business ordinarily to be transacted at meetings.—Tb" business of $he Board shall ordinarily be transacted "at a meeting duly called in accordance with the provisions of these rules;

Provided that the Chairman may, if he think* fit, circnlate

any urgent matter among the members for their opinion.

18. Quorum.—At every meeting of the Board four mem- bers if the Chairman bo present, and six members If he be absent, shall form a quorum.

(1) Every honorary mtmbar (rncfwUna the Chairman

where he does not receive any snlary) roay,n—

(a) if he is an out-station member,

(i) travel by air or by train ag admissible according to the orders issued by the Central Government from time to time in respect of journeys under- taken by him for the performance of his duties as *uch memben;

(H) be paid a consultancy fee for attending the preview of a film or meeting of the Revising Committee or the Board at the rate of Rs, 75 for each day of such preview or meeting;

(iii) be paid daily allowance at the rate of Rs. 50 per day for the day preceding the meeting and that following the meeting, if the member actually stays at the place of the meeting;

fb) if he Is a local member, be paid a consultancy fee for attending the preview of a film or meeting of the Revising Committee or thr Board at the rate of Rt. 50 for each day of such preview or meeting;

19. President of the meeting.—Meeting* of the Board shall be presided over by the Chairman or m hl" absence by a rhtsmber elected by the members present from among themselves.

20. Question to be decided bv maioritv of vote*. Everv question hefore the Board shall bc decided by a malorlty of vote, and in the casr of eouality nf votes, the Chairman or the member elected to nreside upder nilp 19, as the case may be, shall have1 a second or casting vote.

21. Application for examination of film'.—(1) Every application to certifv a film for nubHc exhibition shnif be m"de in writing in Forrr? t or Form TI sot out In the Second Sch-dnie according as the film is nroduced in or imported Into Tndia.

(71 TV nrmifcatinT, anaH bp addr^ed to the Board nnri rie'-vprrd to the regional officer concerned as per the First "fhcdiuc :

T^virffrt tti"t wtirre film* ;"•" ImnnrW InV> Tmlln th"

r wr m, , Ti mav Jhrrt or Tvrmlr nnnUcotinri, in rf-^-ct of

rTirw to h- rVJiverfi to n n-nlnnoT offir-r nfktr f T,j,n fj ,n

Provided that daily allowance will not be admissible In addition for the djy or days for which consultancy fee In paid.

diMivtred but far this proviso :

25

Provided further that the Chairnvm may in tbfc foUowirg wivumstauccs diicct or pexnnt applications in respect ot any tittnx or class of dims lo be dcliveicd to a legional officci other than the regional officer to whom such applications would have b"en delivered but for this proviso, namely :—

(i) wheie the Chairman h ^tatisned that immediate HCtion for examination of a tilm is necessary, or

(ii) where examination of a film with the assistance of persons well acquainted with the language of the film ii not possible at tho place where, but for the provisions of this proviso, it would have been deli- vered for examination; or

(ii) for such other reasons as may be specified by the

Chairman in writing.

(.3) Eveiy Mich application ahull be accompanied by—

(a) ihe lee prescribed under rule 36;

(b) eight copies in the case of featuie films and five copies in the case of olher films, of the synopsis of the film, together with full credit titles and of the full text of the SOURS if any with reel number, one copy of complete shooting script as prescribed and a statement showing the reeiwise length of the film :

Provided that where the film is in a language other than 1-nglish or any Indian language, the applicant shall furnish eight typed or printed copies of the translation In English or Hindi of the synopsis and of the full text of the songs, if nny, and one copy of the translation in English or Hindi of dialogues :

Provided further that in the eas? of a film referred to in the preceding proviso, the regional officer may direct the applicant to furnish also eight typed Or printed copie§ of the translation in English or Hindi of the full text of the dia- logue, speeches or commentary; and

(c) if the application is made for the purpose of a fresh certificate under sub-rule (2) of rule 29, the original certificrite or duplicate certificate.

(4) If, in the case of a newsreel, documentary or other short film the regional officer is satisfied that the applicant is not able to furnish the documents specified in sub-rule (3) along with the application for reasons beyond his control, the regional officer may direct *hat such documents may be furnished within such period after the examination of the film as he may specify or that the submission of such docu- ments may be dispensed with.

(5) No such application shall b? accompanied by any

documents other than those mentioned irr sub-rule (3),

(6) Notwithstanding anything contained in the foregoing

sub-rules, in the case of a film which is imported,—

(a) the applicant shall furnish the original or a certi- fied copy of the import licence together with the customs clearance permit and with the customs clearance papers;

(b) where there is a doubt or dispute about the valid'ty or genuineness of the documents referred to in clause (a), the Board may before the application is considered refer such document* for ascertaining their validity or genuineness to the authority which issued the same; and

(c) the Ronrd shall not take a,iv jferrt for certification of a film in a case where my matter regarding the validity of the documents referred to Jn clause (b) U pending before anv court fir airy puMic authority until the disposal nf such matter r>y the couit or authority.

Fxplanation.—For the purpose of certfffcaffon for public exhibition, every revised version or shorter version of a film shall be deemed to nc a fresTi fllm.

169GI/83 - 4

22. Examining committee.—(.1) On receipt of an. applica- tion under rule 21. the regional officer shall appoint an Humming Committee to examine the film. The examination shall be made at the cost ot the applicant on such date, at such place and at such time as the Kegional Officer may determine.

(2; The Examining Committee shall consist of;—

(a) in the case of short film, a member of the advisory

panel and an examining olllcer; and

(b) b the case of a long fllm, four members of the

advisory panel and an examining officei :

Piovided that if the examining officer is unavoidably absent at (he examination of a film, ths Examining Committee shall consist of two members of the advisory panel in a case falling under clause (a) and five rrvmbcrs of the advisory panel in a case falling under clause (b).

(3) The film to be examined by Ihe Examining Com- mittee shall be in its final form with the background music and all sound effects duly recorded on the film itself.

f4) All previews of films for the purpose of examination for certification and the reports and records relating thereto shall be treated ai confidential.

(5) The names of the members of the Examining Com- mittee examinins the film \hall not be disclosed to anv official or non-official not concerned with tho preview of the particular film or to anv other person including the ap- plicant or his representative,

(6) Tho applicant or his representative shall not be

allowed to be present inside the preview theatre.

(7) Notwithstanding anythinu contained jn sub-rules (4), (J) and (6), the Chairman may bs special or flenernl order permit any member of the staff to be present at the preview to render such assistance as may be required.

(8) The Fxaminins Committee shall examine the film having regard to the principles for guidance in certifying films specified in secion 56(1) and the guidelines issued bv Government under section 5B(2).

(9) Immediately after the examination of the film each member of the Examining Committee attending the examina- tion shall, before leaving the preview theatre record hie opinion in writing in Form VITI set out in the Second Schedule spelling out in clear terms the reasons therefor and state whether he or she considers,—

(a) that the fllm is suitable for unrestricted public

exhibition, i.e., fit for 'U' certificate : or

(h) that the film is suitably for unrestricted public exhibition but with an endorsement of caution that the question as to whether anv child below the ace of twelve years mav be allowed to see the fllm should be considered bv the parents or guardian of such child, i.e., fit fo,- 'UA' certificate; or

fc) that the film is suitable for nubile exhibition restrict-

ed to adults, i.e.. fit for 'A' certificate; or

fd) that the film is suitable for public exhibition res- tricted to members of anv profession or anv claw of persons having regard to the nature, content and theme of the film, i.e. fit for \S' certificate ; or

(e) that the film is suitable for 'U' or 'UA' or 'A* or 'S' certificate, as the caw mav he if n specified portion or nortions be jxcls^d or modified therefrom; or

(f) that the film Is not nuitnhle for unrestricted or res- tricted public exhibition, i.e. thnt the film be re- fused a certificate;

nnd if the Chairman fo awny from th* regtoml centra where the fltrr* is examined, the form n'oresald irjnTT hp nrcpi'ietl in duplicate,

26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

CIO) The examining officer shall distribute copies of the synopuis with credit titles and SOURS amonfi the members ol the Committee and furnish them the foim and such other document^ as may be ipeclfiej bv the Board for makins

(11) Aftet the screeninu of the film, the examining officer

shall see that—

(a) the rccommendution of every member of the Com- mittee is recorded in unombiRuous terms and each excision* or modification fa properly specified in clear terms with reason or reasons therefor:

(b) the same is duly stoned bv the members of (he

Committee; and

(c) where the report of any oiembci of the Committee is incomplete, that fact is broufiht to the notice of the member concerned before he leaves the preview theatre.

(12) The examining oflicei shall within three workinfi days send the recommendations of all the metrsbers of the Examin- ing Committee to the Chairman mid -where the Chairman is awny from (he centre where the Him ig examined, hyi reaister- ed post.

(13) It shall be the personal responsibility of the examining officer to examine whether each and every guideline issued by Government has been followed and to bring any lapse or devia- tion to the notice of the Chairman.

(14) The quorum for the Examining Com-

mittee for a long film shall be four.

23. Certification.—On receipt of the record referred to im sub-rule (12) of rule 22, the Chairman, unless the provisions of sub-rule (1) of rule 24 are not attracted, dircet the Regional Officer concerned to take further action on be- half of the Board in conformity with the re- commendation of the Examining Committee either unanimous or by majority :

Provided that in case of a short film when the Committee is divided in its opi- nion, the Chairman shall either exa- mine the film himself and take, or direct the Regional Officer concerned to take further action on behalf of the Board to give effect to his decision.

24. Revising Committee.—(1) On receipt' of the record referred to in rule 22, the Chairman may, of his own motion or on the request of the applicant, refer it to a Revising Comrnixtce cons- tituted for the purpose.

(2) The Revising Committee shall, r.ubject to sub-rule (5), consist of a Chairman and not more than nine members, being members of the Board or members of any of the advisory panels, to be specified by the Chairman,

(3) The Chairman or in his absence a member of the Board nominated by the Chairman shall preside at every meeting of the Revising Com- mittee.

(4) The regional officer of the Centre where the application was received under rule 21, may be invited to attend any meeting of a Revising Committee and participate in proceedings there- of but he shall have no right to vote therein.

(5) No member of the advisory panel who has been a member of the Examining Comittee for any film shall be a member of the Revising Committee in respect of the same film.

(6) The provisions of sub-rules (4) to (8) of rule 22 shall apply mutatis mutandis to the exa- mination of films by the Revising Committee or the Baard.

(7) The Revising Committee shall examine the film at the applicant's, expense, on such date, at such place and at such time, as the Chairman may determine.

(8) For the purpose of examination by a Re-

vising Committee,—•

(a) the applicant shall present the same clear runnable print of the film which was shjown to the Examining Com- mittee and he shall make no change whatsoever in it and he shall furnish the necessary declaration in writing in that behalf;

(b) the applicant shall be required to fur- nish fifteen typed or printed copies of the complete synposis of the film to- gether with the full credit titles and oi the full text of songs, if any, with reel number, and where he has made a re- presentation under sub-section (2) oi section 4 fifteen copies thereof shall also be furnished :

Provided that where the film is in a lang- uage, other than English or any Indian language, the applicant shall furnish fifteen typed or printed copies of the translation in English or in Hindi of the synopsis together with full credit titles and of the full text

of the songs, if any:

Provided further that in the case of a film referred to in the preceding pro- viso, the Chairman may direct the applicant to furnish also fifteen typ- ed or printed copies of the transla- tion in English or Hindi of the full text of the dialogue, speeches or

commentary:

Provided also that where the Chairman is satisfied that the applicant is not able to furnish the document's spe- cified in this sub-rule for reasons, beyond his control the Chairman

27

may direct that the submission of such documents be dispensed with.

(9) Immediately after examination of the turn, each member of the Revising Committee shall before leaving the preview theatre record his re- commendations in writing in Form Vill cet out in the Second Schedule spelling out! in clea~ terms the reasons therefor and stating whether he or she considers—

(a) that the film is suitable for unrestrict- ed ;poiblic exhibition, i.e., fit for 'IP certificate; or

(b) that the film is suitable for unrestricted public exhibition but with an endorse- ment of caution that the question as to whether any child below the age of twelve years may be allowed to see the film should be considered by the pa- rents or guardian of such child, i.e., fit for 'UA' certificate; or

(c) that the film is suitable for public exhi- bition restricted to adults, i.e., fit for 'A' certificate; or

(d) that the film is suitable for public exhi- bition restricted to members of any profession or any class, of persons hav- ing regard to the nature, content and theme of the film, i.e., fit for \S' certi- ficate; or

an equality of votes, the presiding officer shall have a second or casting vote :

Provided that where the Chairman disagrees with the decision of the majority of the Committee, the Board shall itself exa- mine the film or cause the film to be examined again by another Revising Committee and that the decision of the Board or the second Revising Com- mittee, as the case may be, shall be final.

25. On receipt of the orders of the Board under section 4 or section 5A, the Regional Offi- cer shall communicate the same to the applicant! by registered post or in such other manner as in the circumstances of the case he deems fit and fake such other steps, in accordance with the said orders as he may deem necessary.

26. Issue of certificate subject to removal of portions of film.—(1) Where the applicant is in- formed by a regional officer that a film will not be granted 'U or 'UA' or 'A' or 'S' certificate, as the case may be, unless a specified portion or portions thereof be removed from the film, the regional officer may issue such a certificate, if he is satisfied on a declaration made in wrii'ing (in Form IX set out in the Second Schedule) by the applicant that the portion or portions objected to have been excised from the negative of the film and from all copies thereof, whether in rhe possession of the applicant or the laboratory where the film was processed, the distributor, the exhibitor or any other person and surrendered to him.

28 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

and in the case of reduction of scene or sequen- ces, it shall mention the length of the portion re- duced and the length of the portion retained and shall bear a clearly viable triangle drawn at the left hand bottom cornor of the certificate.

(3) Where any film has been granted a certi- ficate under this rule subject to the condition that a specified portion or portions thereof be remov- ed from the film, any person who imports or other- wise aquires a copy of the film after the date of certificate aforesaid, shall surrender to the Board such portion or portions in any such copy.

27. The portion or portions of the film and of all copies surrendered to the regional officer as provided in rule 26 shall be preserved for a period of six months in the Board's office and un- less required by the Board shall thereafter be handed over to an authorised officer of the Na- tional Film Archive of India, Poona for study and research.

28. Deposit of a copy of certified film:—(1) In the case of a feature film after the regional officer has affixed his signature to the certificate granted under the foregoing rules and prior to the delivery or despatch of the certificate to the applicant, a copy in any gauge of the film as cer- tified by the Board shall be deposited by the applicant with the Board at! his own expense for the purpose of record.

Explanation.—A video copy of the film shall be treated as a copy of the film for the purpose of this sub-rules.

(2) In the copy deposited under sub-rule (1) the negative side numbers (key numbers) shall be clearly printed,

(3) The copy deposited under sub-rule (1) ex- cept where it is a video copy may, at the discre- tion of the regional officer concerned, be returned to the applicant on the expiry of one year from! the date at first release of the film.

(4) Before return of the copy of the film under sub-rule (3), the applicant shall deliver to the Board the full shooting script of the film together with dialogues:

Provided that where the script as aforesaid is not delivered within one month after the expiry of one year from the first release of the film, the film shall be sent to the Curator of the National Film Archive of India, Poona, and the applicant shall thereafter collect the same at his own ex- l>ense, only after obtaining a release order from the Board after delivering the script aforesaid.

(5) No application for the return of ihe copv of film deposited with the Board in exchange, for the full shooting script under the proviso to sub- rule (4) shall be entertained after two yea$ from the date of the first release of the film :

Provided that the Chairman may, on being satis- fied that there is sufficient cause for not making the application within the said period of two years, entertain the application before the expiry of a further period of one year.

(6) In the case of films other than feature films, that is, shorts, documentaries, ncwsrecls, ad- vertisement films and such other films after the regional officer has affixed his signature to the ccr.ificate granted under the foregoing rules and prior to the delivery or despatch of the certificate to the applicant, the applicant shall deposit with the Board a copy of the film or in lieu of such deposit, the shooing script or a verbatim com- mentary or a tape record of the commentary :

Provided that in the case of such films where the Chairman is of the opinion that the applicant for reasons beyond his control is unable to deposit a copy of the film or script or verbatim commen- tary or tape record of that commentary prior to the delivery or despatch of the ccr:ificate, he may direct that the certificate he delivered to the appli- cant on his giving an undertaking in writing that he shall deposit the said copy of the film or script or verbatim commentary or tape record of the commentary within such time not exceeding sixty days as may be specified by the Chairman.

(7) All such copies of films scripts or com- mentaries or tape records of commentaries depo- sited with the Board shall be accompanied by a declaration in Form X set out in the Second Sche- dule.

29. Validity of certificate.—(1) A certificate granted by the Board under sub-section (1) ot section 5A in respect of a film shall be valid for a period of ten years from the date on which the certificate is granted.

(2) Where in relation to the certificate of a film the period has expired a fresh certificate in Form IV, V, VI or VII set out in the second Sche- dule, as the case may be, may be issued on an application made in this behalf and the same shall be dealt with as if it were an original application:

Provided that a regional officer may, with the prior approval of the Chairman, dispense with exa- mination of the film, if the application is for the issue of cerificate in the same form in which it was issued earlier.

(3) An applicant for a fresh certificate shall be required to deposit a copy of shooting script or verbatim commentary or lape recorded commentary of the film only in cases where at the time of making application for the initial certificate the same was not deposited.

29

,1 30. Compliance with section 6A.—(1) The manner of notification to the distributor or exhi- bitor for the purpose of section 6A, shall be by deliveily of a duplicate copy of the certificate (containing both parts I and II thereof) with each copy of the certified film lo be distributed or ex- hibited.

(2) The provisions of sub-rule (1) shall apply in relation to an amendment of a certificate in respect of a film as it applied in relation to the certificate itself.

(3) The duplicate copy of the certificate of a film referred to in sub-rule (1) shall accompany the film and be prominently exhibited in the theatre on all days on which the film is exhibited therein.

31. Uncertification of a film under section 6.— Where in exercise of the powers conferred bv section 6 of the Act, the Central Government by notification directs that a certified film shall be deemed to be an uncertified film in the whole of India, the applicant and any other person or per- sons to whom the rights in the film have passed, shall stop the exhibition of the film forthwith and surrender the certificate and all copies of the duplicate certificate granted in respect of the film to the Board within one month from the date of the notification :

Provided that the Chairman may, at the written request of the applicant or any other person con- cerned extend the said period.

32. Re-examination of certified films.—(1) Where in respect of a film which has been certi- fied for public exhibition, any complaint is receiv- ed by the Board, the same shall be forwarded to the Central Government.

(2) The Central Government may, if it con- siders it necessary so to do, direct the Chairman to re-examine any film (in respect of which a complaint has been received by it directly or through the Board) in such manner and with such assistance as may be specified in the direction.

(3) The Chairman may, for the purpose of re-examination aforesaid, require by written notice 'he person who made the application for certifi- cation of the film or the person to whom the rights of ownership or distribution in the film have passed, to arrange at his expense to deliver a print of the certified film to any specified regional officer within such time as may be specified in the notice for the purpose of re-examination.

(4) The place, date and time of such re-exa- mination shall be determined by the Chairman.

(5) The Chairman shall forward his opinion together with the print of the film in relation to which a certificate was issued earlier to the Central Government who may after such enquiry as it deems fit, pass such orders thereon in exercise or. the reviisional powers under section 6.

(6) The provisions of this rule shall apply only in cases where the revisional powers are exercisablc by the Central Government under sec- tion 6.

33. Alteration of film after issue of certificate.— ( I) When a film is altered by excision, addition, colouring or otherwise after it has been certified under these rules, it shall not be exhibited unless the portion or portions excised, added, coloured or otherwise altered, have been reported to the Board in Form III in the Second Schedule and the Board has endorsed the particulars of the alteration or alterations on the certificate.

Explanation I.—Reasonable wear and tear in the normal course of handling or projecting a film shall not be deemed to be an alteration of the film within the meaning of this sub-rule.

Explanation II.—Any addition, deletion, altera- tion or replacement of background music in a film or, (unless the Chairman by general or spe- cial order otherwise directs) a mere change in gauge shall no^ be deemed to be an alteration of the film within the meaning of this sub-rule.

(2) For the purpose of exercising its powers under sub-rule (1), the regional officer shall ap- point an Examining Committee to examine at the expense of the applicant, the reel or reels of the film in which the portion or portions are altered in su'ch manner and with such assistance as he may deem fit and where the Examining Committee considered it necessary so to do, it shall re-examine the entire film.

Provided that where a film is altered by excision or by the change of a coloured film into black and white version only it shall not ordinarily be necessary to appoint an Examining Committee unless the regional officer in any case otherwise directs.

(3) The Examining Committee, appointed under sub-rule (2) shall consist of the member of the Advisory Panel and an examining officer :

Provided that where the examining officer is unavoidably absent at the examination of the film or any reel thereof, the Examining Committee con- sist of two members of the Advisory Panel.

(4) Pending examination of the altered film under this rule, the applicant shall not exhibit the film incorporating the proposed alteration.

(5) Where the film or any portion thereof as the case may be, is re-examined under this rule, the Chairman shall unless for reasons to be record- ed in writing, he declines permission for the altera-

30 THE GAZETTE OF INDIA. : EXTRAORDINARY [PART II—SEC. 3(i)

tion, make suitable endorsement in the certificate granted in relation to the film.

34. Amendment oi' certificate granted by the Board after notification under section 6.—When a notification is published under the powers con- ferred by section 6 of the Act declaring that a film in respect of which a 'U' certificate or a LUA' certi- ficate or an 'S' certificate has been granted shall be deemed to be a film in respect of which an 'A' certifi- cate has been granted, the person to whom the certificate has been granted or the person to whom the rights in the film have passed as the case may be, shall surrender within one month from the date of issue of the order the original certificate and all the duplicate copies thereof to the Board for the issue of a fresh certificate of the new category.

35. Certificates.—(1) A certificate authorising the public exhibition of a film shall be in one of the Forms IV, V, VI or VII set out in the Second Schedule according as the film is fit for 'U' or VA" or 'A' or 'S' certificate as the case may be.

(2) The certificate shall be signed for and on behalf of the Board by the Chairman or by a re- gional officer for the Chairman.

(3) The prescribed mark of the Board shall be a film copy of part I of the certificate, i.e., a trailer certificate, which shall be affixed to the film and always exhibited with it. The length of the trailer certificate will be as laid down in the following table :

TABLE

Size of film

Length of film

35 mni/70mm 35 mm 16 mm 16 mm 8 mrn/Super-8

Length of trailer certificate

Exceeding 600 metres 600 metres or less Exceeding 240 metres 240 metres or less 240 Metres or less

36, Fees.—(1) A fee shall be charged for the examination of every film at the rates laid down in the following Table and the same shall be paid either in cash or remitted by postal order or bank draft to the regional centre of the Board where the film is to be examined.

TABLE OF FEES

Part I—35 millimetres170 millimetres films

(i) Rs. 20 per 300 metres or part thereof where the film does not exceed 600 metres in length.

(ii) Rs. 100 per 300 metres or part thereof where the film exceeds 600 metres in length.

Part II-—16 millimetres films

(i) Rs. 20 per 120 metres or part thereof where the film does not exceed 240 metres in length,

(ii) Rs. 100 per 120 metres or part thereof where the film exceeds 240 metres in length.

Part III—8 millimetres(super-8 films

fi) Rs. 20 per 60 metres or part thereof, where the film does not exceed 120 metres in length.

(ii) Rs, 100 per 60 metres or part thereof where the film exceeds 120 metres in length.

Part IV—Films classified as predominantly educational|educational|children's films

5 metres 3 metres 2 metres 1.50 metres 1.00 metre

(j) Rs. 20 per every 300 metres or part thereof in 35 millimetres or in 70 millimetres; or

(ii) Rs. 20 per every 120 metres or part

thereof 16 millimetres; or

(iii) Rs. 20 per every 60 metres or part there- of in 8 millimetres or super-8, irrespec- tive of the total length of the film :

Provided that if a film the length of which exceeds 600 metres or 240 metres or 120 metres according as the film is in 35(70 millimetres or 16 millimetres or 8 millimetres|super-8 and in res- pect of which examination fee has been paid at the rate specified above is, after examination, con- sidered by the Board not to be suit- ab'e for being certified as predominantly educa- tionaljeducationallchildren's film, the applicant shall forthwith pay the balance of the examination fee that would have been payable in respect of the film under Part I or Part II or Part 111 as the case may be, of this Table ;

Provided further that if a certified film" is claimed as predominantly educational [educational) children's film and the applicant had paid the examination fees that would have been payable in respect of film under Part I or Part II or Part TTI as the case may be, of this Table, then in the event of the film being classified as predominantly educational|cdiJcational[children's film, tfie fees shall be charged at the rate prescribed in this Part and the balance of the fees shall be refunded to the applicant.

31

pa rt v—Fees for examination for issue of a fresh certificate on expiry of the old certificate. .

Fees for the examination of a firm for a fresh certificate after expiry of the old certificate shall be at the same rates as specified above in Parts I, II, III or IV, as the case may be :

Provided that where the fresh certificate is grant- ed without examination of the film, the fee pay- able shall be at the rate of Rs. 10 per film where it does not exceed 600 metres or 240 metres or 120 metres in length according as the film is in 35 millimetres[70 millimetres or 16 millimetres or 8 millimetres|super-8 ; and at the rate of Rs. 50 per film where the film exceeds 600 metres or 240 metres or 120 metres in length according as the film is 35 millimetres170 millimetres or J6 milli- metres or 8 millimetresfsuper-8 :

Provided further that where the film is classi- fied as predominantly educationaljeducationall children's film, the fee payable shall be at the rate of Rs. 10 per film irrespective of the length or gauge of the film.

Part VI—Fee for examination for certifying alterations under rule 33.

(1) Fee for the examination of a film for certifying alteration under rule 33 shall be calculated only with reference to the reel or reels in which the portion or portions excised, added, coloured or otherwise altered occur and for the purpose, the rate specified in the table aforesaid for original certification shall be applicable :

Provided that where the alteration is by ex- cision, the fee chargeable shall be at the rate of Rs. ] 0 per each endorsement :

(2) A fee of Rs. 10 shall be paid for a dup-

licate copy of the certificate.

(3) In the event of an application for certi- fication being withdrawn before the film is exa- mined, the Board may on an application made to it in that behalf, refund to the applicant the amount of fee paid towards the examination of the film after deducting 25 per cent of the amount so paid.

(4) In the event of an applicant failing to piesent a runnable print before the Examining Committee or the Revising Comm'ittee on the day and time and at the place fixed for such examination, an additional fee of 25 per cent of the fee payable for examination of the film under this Table shall be paid before another place, date and time for the examination of the film is fixed.

(5) If, by mistake, miscalculation or such other reason, the applicant pays towards fee for the examination of any film any amount in ex- cess of the amount of fee payable under these ru'les, the Board may, on an application made in that behalf, within, a period of one year from the date of certification of the film, re- fund to the applicant the amount so paid in ex- ces.

(6) Any person who applies to the Board for information regarding the certification or any other particular in respect of a film shall along with the application, pay a search fee of rupees five per each title of the film.

37. Power of entry : The Chairman or any member of ihe Board or an advisory panel or a regional officer or any other officer or member of the staff of the Board or any officer of the Central Government authorised in writing by the Chairman or members or any officer or member of the staff of the Appellate Tribunal or any officer of the Central Government authorised in writing by the Secretary to the Government of India in the Ministry of Information and Broadcasting in this behalf, may enter any place licensed under the law in force relating to cinemas, in the discharge of his duties under the Act or these rules and thereupon the owner or the manager of such place shall provide-him with a seat of the highest rate or the next lower class to view the film without charging the admission fee and enter- tainment tax.

38. Advertisement of films : Any person ad- vertising a film granted 'UA\ 'A', or 'S' certificate or the exhibition of such film by means of inser- tions in newspapers, hoardings, posters, handbills or trailers shall, after the date of its certification, indicate in such insertions in newspapers, hoard- ings, posters, handbills or trailers that the film has been certified for such public exhibition.

39. Maintenance of register : (1) The Board

shall a register in which shall be entered,—

(a) the name of every film examined under

the Act;

(b) the name of the person applying for

certificate;

fc) the name of the person or company

producing or releasing the film;

(d) the name of the country in which the

film was originally produced;

(c) the name of the place where the film

was examined;

(f) the date of the examination;

(g) the names of the persons who examined

the film:

(h) the result of the examination and of any

further proceedings thereon;

32 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(i) the number and date of the certificate issued, if any, together with d copy ot any endorsement made thereon.

(2) For the purpose of enabling the Board to maintain such a register, the regional officers con- cerned shall each maintain similar registers in respect of applications for certification made to them and send to the Board a duplicate copy of every entry made in it, as soon as may be, after it has been made.

(3) A copy of the entries in the register mo in- terned by the Board made during any month shall be sent to all the regional officers during the next following month.

40, Certain films to continue to remain uncer- tified films—If a film has been declared by ;i notification issued before the 15th January, 1951 by any State Government to be an uncertified film in any part or parts of the State concerned and if the said notification has not ceased to be in force by virtue of the proviso to sub-rule (2) of rule 35 of the Cinematograph (Censorship) Rules 1951 the film shall not be publicly exhibited un- less it is certified for public exhibition in ac- cordance with the provisions of these rules :

Provided that before certifying any such film for public exhibition the Board shall obtain fhe prior approval of the Central Government.

41. Time limit in relation to certification of films.—(1) After an application under rule 21 for the certification of a film, complete in all respects (including the proof of payment of fees) is received, the Board shall scrutinise the appli- cation wlithin seven days from the receipt thereof.

(2) On receiving an intimation from the appli- cant that a clear runnable print of the film is avail- able for examination, the Board shall, within fifteen days therefrom refer the film for examination to an Examining Committee.

(3) The films may be referred to the Exa- mining Committes in the order in which the appli- cations are received :

Provided that the regional officer may on receipt of a written request from any applicant, if satis- fied that there are grounds for an earl/ exami- nation, alter the order of examination of the film after recording the reasons in writing.

(4) (a) In cases where the Examining Com- mittee, after examination of the film, considered that a scrutiny of the shooting script is necessary or the authenticity of the incidents depicted in s film of historical, mythological, biographical or legendary nature is to be verified, a provisional report to that effect shall be submitted by the re- gional officer to the Chairman within a maximum of three working days after such examination.

(b) A written communication shall be sent to Ihe applicant within a maximum of three working days following the receipt of the Chairman's orders on the provisional report referred to in clause (a) and the applicant shall submit the script or the authentic sources on which the subject of his film is based within ten days from the date of receipt of such communication.

(c) In cases where the members of the Exa- mining Committee after the examination of the film submit to the Chairman a provisional report indicating that export opinion on subjects depict- ed in the film such as subjects relating to defence or foreign relations or any particular religion or law or medicine or any other subject, should be spught before the final report is submitted, the Chairman may after taking into consideration the circumstances of the case specify a time limit for optaining the expert opinion and for the submis- sion of the final report of Die Examining Com- mittee thereafter.

(d) In other cases, the script submitted by the applicant or the authentic sources furnished by him shall be scrutinised by the examining officer and the final report of the Examining Committee shall be forwarded by the examining officer to the Chairman within ten days from the date of receipt of the script or the authentic sources, as the case may be.

(5) (a) On receipt of the orders of the Board on the recommendations of the Examining Com- mittee, in cases where sub-section (2) of section 4 is applicable, the communication to the appli- cant shall be issued within three days.

(b) The aplicant shall submit his reply within fourteen days of the receipt of the com- munication.

(6) In cases where the film is not referred to a Revising Committee, certificate shall be issued or decision communicated wi'hin seven days.

(7) (a) In cases where a film is to be referred to a Revising Committee, a Revising Committee shall be constituted within twenty days from the receipt of the necessary documents from the appli- cant.

(b) The provisions of sub-rules (3) to (6) shall apply mutatis mu'andis to the examination of films by the Revising Committee.

(c) When a film is referred to another Revis- ing Committee or to the Board in terms of proviso to sub-rule (12) of rule 24, the time- limit will be further extended on the lines of (a) and (b) of this sub-rule.

(8) The applicant shall surrender the cuts, if any, and the affected reels together with full par- ticulars thereof, within a period of fourteen days

33

from the date of receipt of the final orders of the lipard under section 4 :

Provided that where Ihe applicant applies lo the Board that he intends to appeal aga'nst the orders of the Board, the Board may exlend the period specified above for surrender of the cuts by such period as it thinks fit, but in any case not beyond fourteen days from the date of disposal of the appeal or from the date of expira- tion of the period for filing the appeal in cases where no appeal is filed.

(9) The cuts and the affected reels shall be exa- mined by the regional officer within ten days of the submission of the same.

(10) If the cuts are found to be adequate; on the secrutiny of the relevant reels and all parti- culars necessary for the presentation of the certi- ficate are fully furnished certificate shall be pre- pared and issued within five days of the deposit of a copy of the film or script, as the case may be, as required under these rules.

(11) If however the cuts are found to be in- adequate on a scrutiny of the relevant reels, the regional officer shall record the same on the file and send within two days a further communica- tion to the applicant for compliance with the orders of the Board.

(12) The applicant shall submit further cuts

t'o the regional officer within three days from th date of receipt of the communication.

(13) The regional officer shall again verify fur- ther cuts and the reels within five days of the receipt of the same and if the cuts are found to be adequa'e a certificate shall be issued.

(14) The Chairman may. for reasons to be recorded in writing, relax the time-limits prcscrih- ed by this rule for the performance of any act if he is satisfied that it is necessary so to do to • avoid any undue hardship.

Explanation.—Tn calculating the periods speci- fied in this rule working days alone shall be taken into account and Sundays and other holidays shall be excluded.

42. Preservation of records of certification of films.—(1) Records of certification of feature) long film shall be preserved by the Board for a minimum period of twelve years.

(2) Records of certification of all short films shall be preserved by the Board for a minimum period of two years :

Provided that in the case of short films if there be cuts made by the Board or alterations made therein under rule 33 or if complaints have been

169 GI/83—5

received agiiinst the film, records of certifica- tion of the film shall be preserved for a minimum pcri.id of twelve years.

43. Terms and conditions of service of the Chairman and members of the Appellate Tribu- nal :(1) The Chairman and members of the Appellate Tribunal shall hold office during the pleasure of the Central Government.

(2) Subject to the provisions of sub rule (1), the Chairman of the Appellate Tribunal shall hold office for a period of three years and shall continue to hold office until his successor is appointed.

(3) Subject to the provisions of sub-rule (1), every other member of the Appellate Tribunal shall hold office for a period not exceeding three years.

(-1) A retiring Chairman or a member of the Appellate Tribunal whose term of office has expired by efflux of time shall be eligible for re- appoin'ment.

(5) Notwithstanding anything contained in the foregoing sub-rules, when the Chairman of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may appoint an- o'her person to discharge the functions of the Chairman until the Chairman resumes his duties.

(6) The Central Government may, after con- sultation with the Chairman of the Appellate Tri- bunal, appoint any person whom it thinks fit to be a member of the Appellate Triibunal :

Provided that the Central Government may, i'or reasons to be recorded in writing, dispense with such consultation.

(7) A casual vacancy in Ihe membership of the Appellate Tribunal caused by the resignation, death or removal of any member or otherwise shall bt.' filled by fresh appointment and the person so appointed shall hold office for a period not ex- ceeding three years.

(8 ) The Central Government may remove from office any member of the Appellate Tribunal before the expiration of his term of office :

Provided that a member appointed to the Appel- late Tribunal after consultation with th? Chair- man of the Appellate Tribunal shall not be so removed except on the recommendation of or after consultation with the Chairman of the Appel- late Tribunal.

(9) For the purpose of enabling the Appel- late Tribunal to perform its functions under the Act, the Central Government may appoint a Sec- retary to the Appellate Tribunal and such other

34 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTII—SBC. 3(i)]

officers l'or the Appellate Tribunal as may be considered necessary :

Provided that the Central Government may delegate to the Chairman of the Appellate Tri- bunal subject to such conditions and limitations, if any, as may be specified by it, the power of appointment conferred on it under this sub-rule, other than the powers of appointment in relation to the post of Secretary to the Appellate Tri- bunal :

Provided further that the Chairman of the Appellate Tribunal may grant leave to or suspend or remove from service any oflicer appointed by him under the powers delegated to him under this sub-rule.

(10) The Secretary to the Tribunal and other officers appointed under sub-rule (9) shall per- form such duties as may be assigned to him by these rules or by the Chairman of the Appellate Tribunal.

(11) Notwithstanding anything contained in the foregoing sub-rules, the Chairman of The Appellate Tribunal may, for the purpose of enabl- ing the Tribunal to discharge its functions under the Act, make appointments to posts other than Group A posts and may assign to the persons holding such posts duties as he may deem fit.

(12) The Chairman of the Appellate Tribunal, if he is a paid full time officer, shall receive such pay and allowances as are admissible to a serving Judge of a High Court. He shall be entitled to all facilities and concessions not less favourable than those admissible to a serving Judge of a High Court :

Provided that in the case of a retired Judge of a High Court re-employed as Chairman of the Appellate Tribunal, the pay and other terms and conditions of service shall be the same as are applicable to re-employed Judges of High Courts under the orders of the Central Government.

(13) Every honorary member (including the Chairman where he does not receive any salary) may,—

(a) if he is an out-station member,

(i) travel by air or by train as admissible according to the orders issued by the Central Government from time to time in respect of journeys undertaken by him for the performance of his duties as such member ;

(ii) be paid a consultancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 100 for each day of such preview or meet- ing; and

(iii) be paid daily allowance at the rate of Rs. 50 per day for the day preceding the meeting and that following the meet- ing, if the member actually stays at the place of the meeting:

(b) if he is a local member, be paid a consul- tancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 75 per day for each day of such preview or meeting :

Provided that daily allowance will not be admis- sible in addition for the day or days for which consultancy fee is paid.

44. Fees for appeal to the Appellate Tribunal.— (I) Subject to sub-rule (2) below, fees at the rates laid down in the following table shall be payable along with every appeal petition prefer- red under sub-section (2) of section 5C and the same shall be paid either in cash or remitted by postal order or bank draft to the Secretary to the Tribunal :

TABLE OF FEES

(1) Long film : Rs. 750 irrespective of length

and gauge of film ;

(ii) Short film : Rs. 100 irrespective of length

and gauge of film.

(2) The Chairman of the Appellate Tribu- nal may at his discretion and for reasons to be recorded in writing, waive the payment of fee in any particular case.

(3) In the event of an appeal being withdrawn before the film is previewed, the Chairman of the Appellate Tribunal may, on application made to it in that behalf, refund to the appellant the amount of fee paid towards appeal after deduct- ing 25 per cent of the amount so paid.

(4) In the event of an appellant failing to pre- sent a runnable print before the Appellate Tri- bunal on the day and time and at the place fixed for preview, an additional fee of 25 per cent of the fee payable for consideration of appeal under the Table in sub-rule (1) above shall be paid before another date and time for the preview of the film is fixed.

(5) If, by mistake, miscalculation or such other reason, the applicant pays towards fee for the consideration of appeal any amount in excess of the amount of fee payable under these rules, the Chairman of the Appellate Tribunal may, on an application made in that behalf, within a period of one year from the date the appeal has been decid- ed, refund to the applicant the amount so paid in excess.

35

FIRST SCHEDULE

(See Rule 21)

Applications for certification of films imported into or produced in the States/Union Territories mentioned in

column 3 shall be presented at the regional office in column 2 :

Films imported into or produced in

Serial Regional Office No. situated at

3

1 2

State of Karnutaka 1. Bangalore

States of Gujarat, Madhya Pradesh and Maharashtra and the Union Terri- 2. Bombay

tories of Dadra and Nagar Haveli and Goa, Daman and Diu.

3. Calcutta

States of Assam, Bihar, Orissa, West Bengal, Nagaland, Manipur, Meghalaya, Sikkim and Tripura and the Union Territories of the Andaman & Nicobar Islands, Mizoram and Arunachal Pradesh.

4. Delhi

States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajas- than and Uttar Praddsh and the Union Territories of Chandigarh and Delhi.

State of Andhra Pradesh

5. Hyderabad

State of Tamil Nadu and the Union Territory of Pondicherry.

6. Madras

State of Kerala and the Union Territory of Lakshadweep.

7. Trivandrum

NOTE 1 : Till the Delhi regional office is set up, the films intended for that office will continue to be presented for certification at Bombay.

2 : Till the Bangalore/Hyderabad/Tnvandrum regional office(s) are bet up, the films intended for those offices will continue to be presented at Madras.

(c) Length of the film in ft

SECOND SCHEDULE

FORM T

Form of application for certification for public- exhibition of a film produced in India.

(See sub-rule 1 of rule 21)

No. and date of application (to be entered by Board's office)

Metre

(d) Number of reels (c) Gauge of the film

(f) Type of the film i.e., whether it is 2-D,

3-D, cinemascope, vistavision etc.

(g) Whether the film is silent or a talkie

(h) Colour of the film

To

The Central Board of Film Certification through the Regional Officer at

Application for certification for public exhibition of a film produced in India at .—

(1) (a) Name of the film

(b) Language of the film

(i) Name and address of the producer (j) Name of the director

2. State whether the film is a uewsreel/documentary/ scientific/educational/feature/advertisement film.

2A Specify the ccrtificntc requested: 'U' 'UA" 'A' or •S'

36 THE GAZETTE OF INDtA : EXTRAORDINARY [PART II -SEC 3(i)]

FORM II

3. State separately the number of negative am' positive

prints of the film.

(a) produced (negative

positive

)

(b) in the applicants possession (negative

pjsitive )

(c) Name and address of the proeessing labo-

ratory.

(4) (a) Whether the piesent film is a dubbed veisiou or a re-make of any other film 7 II' so, state the particulars alongwith full details of certificates issued to that film.

(b) Whether any pic-censorship advice was

obtained and if so the details thereof.

(e) Whether permission for any shooting abroad was obtained and, if so, the details thereof.

(d) Whether the film contains any dialogue/ ccunnvMitiry in any language other than the Unguage of the film and, if y>, sp.Tify the language and the reels in which they occur.

(5) Has any previous application been made to certify this film as suitable for public exhibition in India 7 If so,

(a) Where and to whom was it made

(b) What was the result of the application

*(i) A 'TJV'UAVAn'A'/'S' certificate No.

dated was granted

subject to the following cuts

*(ii) Certificate was refused.

(6) Has the exhibition of this film rxvn at any time suspended or the film declared uncertified by trie Central or any State Government? State parti- culars :

(7) Does the film contain any dialogue, song, poem, speech or commentary in any language other than English or an Indian language?

If so, specify that leel or reels in which the dialo- gue, song; pocin, speech or commentary occurs and the language or languages used.

(8) Amount of fee accompanying the application on

account of the fee prescribed in Rule 36.

Vide (i) Receipt No dated

(ii) Bank draft No.

dated > on

~ Bank.

(iii) Postal Order No. — dated— —on — — Post Office.

*Score out the word or words which arc not appli-

cable.

(9) Name, address and telephone number, if any. of

the applicant Telephone No :

(10) T declare Ihat the print of the film is ready for examination by the Board and the Statements recorded above are true in every particular.

D a t e . . . ., Signature of applicant Form of application for certification for public exhi- bition of a film imported into India.

[See sub-rule (1) of rule 21]

No. and date of application (to be entered by Board's office)

To

The Central Board of Film Certification through the Regional Officer at Bombay/Calcutta/ Madras.

Application for certification for public exhibition of a film first imported into India at —.

1. (a) Name of the film

(b) Language of the film

(c) Length of the film in ft. metres Length of the film as shown in the CCP and /or import licence.

Have any cuts been made voluntarily by the applicant and if so give details.

(d) Number of reels

(e) Gauge of the film

(f) Type of film i.e., whether it is 2-D, 3-D cine-

mascope, vistavision etc.

(g) Whether the film is silent or a talkie

(h) Colour of the film

(i) Name of the producer

(j) Name of the director

(k) Country in which produced

2. State whether the film is a *newsrcel/documentary/

scientific/educational/feature/advertisement film.

3. State separately, the number of negatives and

positive print of the film:

(a) imported by the applicant (negative

positive )

(b) in the applicant's possession (negative

positive )

*Score out the word or words which are not applicable

4. In what other language/languages, if any, has

this been produced or dubbed?

Where the title is not the same in each language, state the title of each version in which it has been produced or dubbed.

5. Has any previous application been made to certify this film (under its present or any other title) in

(a) India:

(b) United States of America;

(c) United Kingdom:

37

(d) Any other country:

If so,

(i) Where and to whom was it made?

(ii) What was the result of the application i.e.

*(i) A 'UV'UA'/An 'A'/'S' certificate No.— date • was granted subject to the fol- lowing cuts;

"'(ii) Certificate was refused.

In the case of film made in the United States of America, state the rating of this film ac- cording to (a) the national groups and (b) the legion of decency.

(a) (b)

6. Has exhibition of this film been at any liine, suspended or the film declared uncertified by the Central or any State Government ? State particulars:

7. Docs the film contain any dialogue, song, poem, speech or commentary in any language other than English or any Indian language? Ifso, specify trie reel or reels in wnich the dialogue, song, poem, speech or commentary occurs and tue language or languages used.

•Score out ihe word or words wnich are not appli-

cable.

8. Amount of fees accompanying trie application on

account of the fee prescribed in rule 36.

(i) Receipt No. dated-—

(ii) Bank draft No. —dated on

Bank.

(iii) Postal Order No. dated on Post

office.

9. Name, address and telephone number, if any,

of the applicant.

10. (a) Name, address and telephone number, if any,

of the importer of the film •

(b) Number and date of the import licence——

(c) Date of clearance through the customs

11. Has the film been produced by or in collatoration with South African or Rhodesian nationals wholly or in part in South Africa, South Wept Africa or Rhodesia or is the film owned wholly, or in part, by south African or Rhodesian nationals? If so, give detail*.

12. I declare that the print of the film is ready for examination by the Board and that the statements above recorded are true in every particular.

Date: Signature of applicant

FORM III

(See rule 33)

(To be submitted in duplicate)

(Report under rule 33 of the Cinematograph (Certi- fication Rules, 1983 regarding an alteration or altei- ations in a certified film.)

1. Name of the applicant:

2. Name of the film:

3. Certificate No. Dated.

4. Particulars of alterations:

Reel No. Scene No. Description of the scene/

dialogue/song length

(Specify the exact alteration or alterations, length and the number of the reel or reels in which the alteiulion or alterations occurs or occur).

To

The Chairman, Central Board of Film Certification Through the Regional Officer at Bombay/Calcutta/ Madras.*

I declare that the above particulars arc true in every respect and are a full description of the altera- tion or alterations mode in the film after its terti-

-iication.

Date :

Address: Signature of Applicant

*Score out the word or words which are not appli-

cable.

FORM IV

[See rule 35 (1)] JJ

GOVERNMENT OF INDIA

Central Board of Film Certification

Certificate for unrestricted public exhibition

Part I

(FILM) _ _ _ __

(Gauge) (Length) (Metre)—

(Reel)

(Certificate No.)

(Date of Issue)

(Date of expiry) •

Chairman

38 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

PART II

Particulars of excisions and modifications sub-

ject to which the certificate has been granted.

1. This certificate has'been issued in accordance with rule 35 of the Cinematograph (Certification) Rules 1983 framed under the Cinematograph Act 1952.

2. la the event of a copy of the film being prepared in a gauge other than that mentioned in the certi- ficate, the certified length shall be deemed to be corresponding length appropriate to that gauge.

3. Name of applicant

4. Name of producer

Date:

FORM V

[See rule 35(1)] A

GOVERNMENT OF INDIA

Central Board of Film Certification

Certificate for exhibition restricted to ADULTS only

(Persons below 18 years not admitted)

Part I

(Film) • —* • ~-

(Gauge) (Length)— (Metres) — (Reel)—

(Certificate No.>—~ —

(Date of issue)— • —

(Date of expiry) • — ~— —'

Chairman

PART II

Particulars of excisions and modification subject

to which the certificate has been granted.

1. This certificate has been issued under rule 35 of the Cinematograph (Certification) Rules 1983 framed

undei the Cinematograph Act 1952.

2. In the event of a copy of the film being prepared in a gauge other than that mentioned in the certi- ficate, the certified length shall be deemed to be the corresponding length appropriate to that gauge.

3. Name of the applicant

4. Name of producer.

Date:

FORM VI

[See rule 35(1)] UA

GOVERNMENT OF INDIA

Central Board of Film Certification

Certificate for unrestricted public exhibition with an endorsement of caution that the question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child.

PART I

(Film) — .

(Gauge)——(Length)——(Metre) (Reel) —

(Certificate N o . )— . . — (Date of issue) : — (Date of expiry) •—. . . —

Chairman

PART II

Particulars of excisions and modifications subject

to which the certificate has been granted.

1. This certificate has been issued, under rule 35 of the Cinematograph (Certification) Rules 1983 framed under the Cinematograph Ad. 1952.

2. In the event of a copy of the film being prepared in a gauge other than that mentioned in the certi- ficate , the certified length shall be deemed to be the corresponding length appropriate to that gauge.

3. Name of the applicant.

4. Name of producer.

Date:

FORM VII

[See rule 35 (i)] S

GOVERNMENT OF INDIA

Central Board of Film Certification

Certificate for public exhibition restricted to mem-

bers of any profession or any class of persons.

PART I

(Film) ' • • — — —.

(Guagc)-—(Length) (Metre) (Reel)

(Certificate No.) • • • •

(Date of Issue)—•— • ——

(Date of expiry) —

(Fit for audiences consisting of —_ —

Chairman

39

PART n

' Particulars of excisions and modifications subject to which certificate has been granted.

1. This certificate hns bee/i issued, under i ule 35 of the Cinematograph (Certification) Rules, 19S3 framed under the Cinematograph Act, 1952.

2. In the event of a copy of the film being prepare*.' in a gauge other than that mentioned in th; certi- ficate, the certified length shall be deemed to be the corresponding length appropi i tte to that guage.

3. Name of nppiicant.

4. Name of producer. Dare:

FORM Vin

[Sec rules 22(9) and 24(9)] Central Board of Film Certification Form of Report of Member of Examining/Revising

Committee

N.B. :—

1. Please study the guidelines issued by Government

once again before you preview the film.

2. Please remember that the objectives of film cen- sorship are to ensure that the medium of film re- mains responsible and sensitive to the values and standards of society; that artistic expression and creative freedom are not unduly curbed and that censorship is responsive to social change.

File No. Dated:

PART A

I, — (in block letters), at- tended the meeting of the Examining Committee/ Revising Committee on —•—•—and I hereby re- cord my opinion in Parts B, C and D below.

Title of the film— — — Language • • —• — Length of the film • Metres

Reels

Gauge • .—. ,— Black and White/Colour

PART —B

1. Do you recommend a certificate Yes/No

If yes, please state whether you recomm- end that :

(i) the film be sanctioned for unres- tricted public exhibition, i.e.. fit for 'U' certificate; or Yes/No

(ii) the film be sanctioned for unres- tricted public exhibition but with an endorsement of caution that the question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, i.e., fit for 'UA' certificate; or Yes/No (iii) the film be sanctioned for public exhibition restricted to adults, i.e. fit for 'A' certificate; or Yes/No

(iv) the film be sanctioned for public exhibition restricted to members of any profession or any clais of per- sons, i.e., fit for 'S' certificate Yes/No

2. If the answer is to l(i), (ii), (iii) or (iv) is yes, do you consider that the applicant should be directed to carry out any ex- cisions or modifications? Tfyes, kindly specify the excisions or modifications in the proforma in Part C. Yes/No

3. IF you consider that the film be granted 'UA' or 'A' or 'S' certificate, kindly give detailed reasons in the space below :

4. Tf/,you consider that the film be granted 'S'

certificate, kindly specify below the class or group of persons which should constitute the specialised audiences :

5. If you recommend a certificate, (a) are"

you satisfied that in the film :

(i) anti-social activities such as vio- lence are not glorified or justi- fied? . . ..

(ii) the modus opeiandi of criminals or other visuals or words likely to incite the commission of any offence are not depicted?

(iii) pointless "or avoidable scenes of violence, cruelty and horror are not shown?

(iiia) scenes which nave the effect of justifying or glorifying drinking are not shown?

(iv) human sensibilities are not offended by vulgarity, obscenity and depra- vity?

(iva) visuals or words depicting women in ignoble servility to man or glorifying such servility as a praise- worthy quality in women are not presented;

(v) visuals or words contemptuous of lacial, religious or other groups arc not presented?

(vi) the sovereignty and integrity of India is not called in question? (vii) the security of the State is not jeopardised or endangered?

(viii) friendly relations with foreign

States are not strained? (ix) public order is not endangered ? (x) visuals or words involving defa- mation or contempt of court are not presented?

(b) whether the film has been

(i) judged in its entirety from the point of view of its overall impact?

40 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(ii) examined in the light of conternp- oraiy standards of the country and the people to which the film relates.

PART—C

Details of excisions or modiiicatons

R-el

SI. No. No.

Resaons with specific reference to guidelines Clear and specific description of excisions or modi- fications

I 2

3

4

0) (2) (3) (4)

N.B (I) Wherever a scence or sequence is to be reduced, extont of reduction should be indi- cated in one ihe following terms :—

Extent of Reduction

(i) Reduced drastically i.e. by 80% to 90%

(ii) Reduced considerably by 50% to 60%

(iii) Reduced by 30 % to 40 %

(iv) Reduce to a Hash only 1/2 to 1 metr (

to be k ept in the film

(H) Also if certain p irtbns are to be complexly deleted whils. reducing a scene or a sequence, these should be specified.

PART —D

If you feel that the film should be refused a certi- ficate, kindly give detailed reasons below specifying the objectionable scenes or sequences, guideline- wise :

Signature.

FORUM—IX

(See Rule 26)

TAVe

the applican (s) in respect of the film do hereby declare that the portion or portions objected to by the Board of Film Certification in the film..

as endorsed on the cett-

ficate ha\c been excised from the film and the original negative (picture and sound), inter negative, inter positive and all positive prints thereof are fiercby surrendered to the Central Board of Film Certification.

T/We further declare tiiat the above declaration is

correct in all respects.

Signature of applicant

Place ;

Name

Date :

Address

Noirs : (I) ]f so required by the regional officer, the applicant shall produce a certifi- cate from the owner or manager of the laboratory, where the film was processed in such form as may be specified bv the Board in this behalf, in regard to the number of positive and negative copies of the film made in that laboratory. (2) All the cuts should be joined in the order of reel numbers indicated in the Boaru's direction with wnite pieces in between two different cuts to dis- tinguish them. Length of each cut should be indicated in meLres separately. In case of a scene required to be reduced as per directive of the Board, the pro- ducer shall indicate the length reduced and total l&ngth retained separately,

FORUM 'X'

[See rule 28(7)]

Copy/Script/conimcntary/tape record of commen-

tary of Film

This is to certify that the copy of film/script of the film/commentary/tape record of commentary noted above submitted to the Central Board of Film Certification under rule 2S of the Cinematograph (Certification) Rules, 1983 is an exact copy of the film or Us script or commentary, as tne ctisc may be, as certifitcd by the B'>ard with complete dialogue, song, sound effects and picturisation. The correct reel-wise length of the film as actually measured and cerulkd is given below :—

Length in metres R . c i ; :\

l. 2. 3.

TOIAL :

N.B. :— This includes the lengtn of the 'Interval'

and 'End' pieces.

Signature of the applicant [File No. 805/3/81—F(C)]

Sd/-

SURESH MATHUR, Jt. Secy.

PRINTED D\ rHEMANAGH*, GOVT. OF INDIA PRESS, KING ROAD, NEW DEl.Hl-110064

AND FUKL1SI1ED nY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1 9 83


  1. " tMs sub-rule. (?.) The regional officers, additlorml redonal officers, flsFhtant rMonnl officers and other officers appointed under sub-rule (1) shall perform such duties a^ may be assigned ↩
  2. or 'UA or 'A' or 'S' certificate, as the case may be, if a specified portion or portions be exised or modified there- from; or Explanation.—For the purpose of being satis- fied that the portion or portions objected to have been excised from the negative of the film and from all copies thereof,— (f) that the film is not suitable for un- restricted or restricted public exhibi- tion, i.e. that the film be refused a cer- tificatte; and if the Chairman is away from the regional^ centre where the film is, examined the form afore- said shall be prepared in duplicate. (a) the regional officer or the Chairman may at the expense of the applicant examine the relevant portions of the! negative of the film or copies thereof or cause it or them to be examined bv one or more members of the advisory panel at such time and place as he may determine; (10) The residing officer of the Revising Com- mittee shall, within three days, send the recom- mendations of all the members of the Revising Committee to the Chairman and where the Chair- man is away from the centre where the film is examined, by registered post. (11) The quorum of the Revising Committee (b) the regional officer may require the applicant to produce a certificate from the owner or the manager of the labo- ratory where the film was processed, in such form as may be specified by the Board in this, behalf in regard to the number of positive and negative copies of the film made in the laboratory. shall be five. (12) The decision of a Revising Committee shall be that of the majority of the members attending the examination of the film and, in the event of (2) A certificate issued under sub-rule (1) shall be endorsed with a specification of the portion or portions required to be removed and a statement of the exact length of each part or parts removed ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 09 May 1983. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1983-05-09.E-0915-1983-0174-39708/. Archive identifier in.gazette.csl_extraordinary.1983-05-09.E-0915-1983-0174-39708.