The Cinematograph Act, 1952

(1) This Act may be called the CinematographAct, 1952. (2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2[the Unionterritories] only. (3) This Act shall come into force on such date3as the Central Government may, by notification inthe Official Gazette, appoint: 4[Provided that Parts I and II shall come into force in the State of Jammu and Kashmir* only on suchdate after the commencement of the Cinematograph (Amendment) Act, 1973 (26 of 1973), as the CentralGovernment may, by notification in the Official Gazette, appoint.]STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notificationNo. S.O. 3774(E), dated (23-10-2020).]

In this Act, unless the context otherwise 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 undersection 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 ofpictures; (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, landor air; (f) prescribed means prescribed by rules made under this Act; 4[(g) regional officer means a regional officer appointed by the Central Government undersection 5 and includes an additional regional officer and an assistant regional officer; 5* * * * *.

2A. [Construction of references to any law not in force or any functionary not in existence in theState of Jammu and Kashmir.]--Omitted by the Jammu and Kashmir Reorganization (Adaptation ofCentral Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and Vide UnionTerritory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).

1[3. Board of film Certification.--(1) For the purpose of sanctioning films for public exhibition, theCentral Government may, by notification in the Official Gazette, constitute a Board to be called the2[Board of Film Certification] which shall consist of a Chairman and 3[not less than twelve and not morethan twenty-five] other members appointed by the Central Government. (2) The Chairman of the Board shall receive such salary and allowances as may be determined by theCentral Government, and the other members shall receive such allowances or fees for attending themeetings of the Board as may be prescribed. (3) The other terms and conditions of service of the members of the Board shall be such as may beprescribed.]

(1) Any person desiring to exhibit any film shall in the prescribed mannermake an application to the Board for a certificate in respect thereof, and the Board may, after examiningor having the film examined in the prescribed manner,-- (i) sanction the film for unrestricted public exhibition: 1* * * 2[Provided that, having regard to any material in the film, if the Board is of the opinion that it isnecessary to caution that the question as to whether any child below the age of twelve years may beallowed to see such a film should be considered by the parents or guardian of such child, the Boardmay sanction the film for unrestricted public exhibition with an endorsement to that effect; or] (ii) sanction the film for public exhibition restricted to adults; or 3[(iia) sanction the film for public exhibition restricted to members of any profession or any classof persons, having regard to the nature, content and theme of the film; or] 4[(iii) direct the applicant to carry out such excisions or modifications in the film as it thinksnecessary before sanctioning the film for public exhibition under any of the foregoing clauses; or] (iv) refuse to sanction the film for public exhibition. (2) No action under 5[the proviso to clause (i), clause (ii), clause (iia), clause (iii) or clause (iv)] ofsub-section (1) shall be taken by the Board except after giving an opportunity to the applicant forrepresenting his views in the matter.