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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No 40] NEW DELHI, THURSDAY, AUGUST 2, l984/SRAVANA 11, 1906

Separate paging is given to this Part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 2nd.

August, 1984: —

BILL NO. XVII OF 1984

A Bill further to amend the Cinematograph Act, 1932,

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—

1. This Act may be called the Cinematograph (Amendment) Act, 1084. Short

2. In the Cinematograph Act, 1952 (hereinafter referred to as the 37 of 1952

principal Act), section 6B shall be omitted,

of section

6 B.

3. In section 7 of the principal Act, in sub-section (1) ,—

Amend- ment of section 7 (a) lor the words "he shall be punishable with imprisonment for a term, which may extend to two years, or with fine which may extend to twenty thousand rupees, or with both, and in the case of a continuing offence with a further fine which may extend to five thousand rupees lor each day during which the offence continues:" the following shall be substituted, namely:—

"he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one

(1)

'2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11—

lakh rupees, or with both, and in the case of a continuing offence with a further fine which may extend to twenty thousand rupees for each day during which the offence continues:

" Provided that a person who exhibits or permits to be exhi- bited in any place a video film in contravention of the provisions of sUb-elause (?) of clause (a) shall be punishable with, imprison- ment foi a term which shal] not be less than three months, but which may extend to three years and with fine which shall not be less than twenty thousand rupees, but which may extend to <>ne lakh rupees, atid in ibe case of a continuing offence with a further line which may-extend to twenty thousand rupees for eacli day dunng which the offence continues:

Provided further that a court may, for adequate and special reasons to be mentioned in the ]Udgment, impose a sentence of imprisonment for a term o'ir less than three months, or a tine of less than twenty thousand rupees:",

il>) in the existing first proviso, for the words "'Provided that",

the words "Provided also'that¹' shall be substituted;

further', the words "Provided also shall be substituted.

SEC. ZJ THE GAZETTE OF INDIA EXTRAORDINARY 3

STATEMENT OF OBJECTS AND REASONS

The penalty provided m section 7 of the Cinematograph Act, 1952, ior contravention of the pi ovisions oi Part 11 oi' the Act and the rules ji.jmed thereunder is as follows.—

"imprisonment ioi a term which may extend to two years, or with fine- which may extend to twenty thousand rupees, or with both and in the case of a continuing offence with a further fine which may extend to five thousand rupees for each day during which the offence continues."'.

~. I here are various kinds of contL'a\entions of Part 11 of the Act. 'J hese include exhibition of uucensored films or certified iilms with poitions directed to be deleted Ly the Central Bocrd. of Film Certi- fication of portions not shown to the Board (which are called 'interpola- tions in films' in common parlance) shov/mi; aiuli iUm* to non-adults, failure to comply with any order of the Central Government or the r^a^d in exercise of the power-, .;onftrn³d on it ly the Act OJ the rul-?s made thereunder, etc.

'A. Because of the video boom m the country, there are reports that uncertified video films are being exhibited on a large scale. A large number of video parlours have sprung up all over the country and they exhibit such films recorded on video tapes by charging admission fee from tho clients. Among other things, this has also hit the Indian film industry very adversely. It is felt that there should be more stringent punishment provided in the Cinematograph Act, 1&52, to curb this practice of exhibiting uncertified Indian/foreign films by video parlours, etc.

I. It is, therefore, proposed (inde clause 3) to amend section 7 of the Act as, follows; —

(i) to enhance the punishment for an offence under section 7 of the Act to imprisonment, for a term which may extend to three years or with fine which may extend to one lakh rupees OL both,

(ti) in the case of a continuing offence, to enhance the punish- ment to a further fine which may extend to twenty thousand rupees for each day during which thp offence continues;

(Hi) in the case ot exhibition of video films in contravention of the provisions of sub-clause (i) of clause (a) of sub-section (1) of. section 7 of the Act, to provide for the minimum punishment of imprisonment for a term of not less than three months and a fine of not less than twenty thousand rupees. The cdy#t, shall, howftver, have poWer to imrjose a punishment less than the minimum for adequate and special reasons to be mentioned in the judgment

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—Sec. 2J

5. Under the Code of Criminal Procedure, 1973, the offences punishable with imprisonment for three years and upwards are cognizable offencea. Since the quantum of imprisonment for the offences under Part II is proposed to be increased to three years, the offences under that Part shall be cognizable offences even under the general law contained in the ,Code of Criminal Procedure. Section 6B of the Act will, therefore, become redundant and is sdught to be omitted by clause 2 of the Bill.

6. The Bill seeks to achieve the above objects.

NEW DSLHI, H. K. L. BHAGAT.

The 27th July, 1984.

SUftAftStfAN AGARWAL,

SecrteHtry-General

The 21th My, 1984.

rtrtJttw) BY ftt* otetfttALfccAvAOK^oovBanatn or nfnu n t m. nnrro "OAD, tti# M*tt 4Mb irueuimfe tft *BK totmouM or PUfeicxtioWa, WLHI, 1984