ANNEXURE
EXTRACTS FROM THE CINEMATOGRAPH ACT, 1952 (37 OF 1952)
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Definitions.
2. In this Act, unless the context otherwise requires,-
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(h) Tribunal means the Appellate Tribunal constituted under section 5D.
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Appeals.
5C. (1) Any person applying for a certificate in respect of a film who is aggrieved by any order of the Board-
(a) refusing to grant a certificate; or
(b) granting only an “A” certificate; or
(c) granting only a “S” certificate; or
(d) granting only a “UA” certificate; or
(e) directing the applicant to carry out any excisions or modifications,
may, within thirty days from the date of such order, prefer an appeal to the Tribunal:
Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal within the aforesaid period of thirty days, allow such appeal to be admitted within a further period of thirty days.
(2) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fees, not exceeding rupees one thousand, as may be prescribed.
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Constitution of Appellate Tribunal.
5D. (1) For the purpose of hearing appeals against any order of the Board under section 5C, the Central Government shall, by notification in the Official Gazette, constitute an Appellate Tribunal.
(2) The head office of the Tribunal shall be at New Delhi or at such other place as the Central Government may, by notification in the Official Gazette, specify.
(3) Such Tribunal shall consist of a Chairman and not more than four other members appointed by the Central Government.
(4) A person shall not be qualified for appointment as the Chairman of the Tribunal unless he is a retired Judge of a High Court, or is a person who is qualified to be a Judge of a High Court.
(5) The Central Government may appoint such persons who, in its opinion, are qualified to judge the effect of films on the public, to be members of the Tribunal.
(6) The Chairman of the Tribunal shall receive such salary and allowances as may be determined by the Central Government and the members shall receive such allowances or fees as may be prescribed.
(7) Subject to such rules as may be made in this behalf, the Central Government may appoint a Secretary and such other employees as it may think necessary for the efficient performance of the functions of the Tribunal under this Act.
(8) The Secretary to, and other employees of, the Tribunal shall exercise such powers and perform such duties as may be prescribed after consultation with the Chairman of the Tribunal.
(9) The other terms and conditions of service of the Chairman and members of, and the Secretary to, and other employees of, the Tribunal shall be such as may be prescribed.
(10) Subject to the provisions of this Act, the Tribunal may regulate its own procedure.
(11) The Tribunal may, after making such inquiry into the matter as it considers necessary, and after giving the appellant and the Board an opportunity of being heard in the matter, make such order in relation to a film as it thinks fit and the Board shall dispose of the matter in conformity with such order.
Qualifications, terms and conditions of service of Chairman and Member.
5DD. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairman and other members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017.), shall be governed by the provisions of section 184 of that Act:
Provided that the Chairman and member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017.), shall continue to be governed by the provisions of the Act and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.
Revisonal powers of the Central Government.
6. (1) Notwithstanding anything contained in this Part, the Central Government may, of its own motion, at any stage, call for the record of any proceeding in relation to any film which is pending before, or has been decided by, the Board, or, as the case may be, decided by the Tribunal (but not including any proceeding in respect of any matter which is pending before the Tribunal) and after such inquiry, into the matter as it considers necessary, make such order in relation thereto as it thinks fit, and the Board shall dispose of the matter in conformity with such order:
Provided that no such order shall be made prejudicially affecting any person applying for a certificate or to whom a certificate has been granted, as the case may be, except after giving him an opportunity for representing his views in the matter:
Provided further that nothing in this sub-section shall require the Central Government to disclose any fact which it considers to be against public interest to disclose.
(2) Without prejudice to the powers conferred on it under sub-section (1), the Central Government may, by notification in the Official Gazette, direct that-
(a) a film which has been granted a certificate shall be deemed to be an uncertified film in the whole or any part of India; or
(b) a film which has been granted a “U” certificate or a “UA” certificate or a “S” certificate shall be deemed to be a film in respect of which an “A” certificate has been granted; or
(c) the exhibition of any film be suspended for such period as may be specified in the direction:
Provided that no direction issued under clause (c) shall remain in force for more than two months from the date of the notification.
(3) No action shall be taken under clause (a) or clause (b) of sub-section (2) except after giving an opportunity to the person concerned for representing his views in the matter.
(4) During the period in which a film remains suspended under clause (c) of sub-section (2), the film shall be deemed to be an uncertified film.
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Power of seizure.
7A. (1) Where a film in respect of which no certificate has been granted under this Act is exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to any person who is not an adult or a film is exhibited in contravention of any of the other provisions contained in this Act or of any order made by the Central Government, the Tribunal or the Board in the exercise of any of the powers conferred on it, any police officer may, enter any place in which he has reason to believe that the film has been or is being or is likely to be exhibited, search it and seize the film.
(2) All searches under this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974.), relating to searches.
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Power to direct exhibition of films for examination.
7C. For the purpose of exercising any of the powers conferred on it by this Act, the Central Government , the Tribunal or the Board may require any film to be exhibited before it or before any person or authority specified by it in this behalf.
Vacancies, etc., not to invalidate proceeding.
7D. No act or proceeding of the Tribunal, the Board or of any advisory panel shall be deemed to be invalid by reason only of a vacancy in, or any defect in, the constitution of the Tribunal, the Board or panel, as the case may be.
Members of the Board and advisory panels to be public servants.
7E. All members of the Tribunal, the Board and of any advisory panel shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860.).
Bar of legal proceedings.
7F. No suit or other legal proceeding shall lie against the Central Government, the Tribunal, the Board, advisory panel or any officer or member of the Central Government, the Tribunal, the Board or advisory panel, as the case may be, in respect of anything which is in good faith done or intended to be done under this Act.
Power to make rules.
8. (1) * * * *
(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-
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(h) the allowances or fees payable to the members of the Tribunal;
(i) the powers and duties of the Secretary to, and other employees of, the Tribunal;
(j) the other terms and conditions of service of the Chairman and members of, and the Secretary to, and other employees of, the Tribunal;
(k) the fees payable by the appellant to the Tribunal in respect of an appeal;
