An Act to provide for the censorship of cinematograph films and for the decertification of certified films on certain grounds. 1 WHEREAS it is expedient to provide for the censorship of cinematograph films and for the decertification of certified films in the interest of law and order, or in the interest of local film industry, or in any other national interest, and matters incidental thereto or connected therewith; AND WHEREAS the national interest of Pakistan in relation to planning and co-ordination and the achievement of uniformity as are referred to in paragraphs (b) and (c) of clause (2) of Article 131 of the Constitution requires Central legislation in the matter;
(1) This Act may be called the Censorship of Films Act, 1963.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or context,-
2(a) “Board” means the Board constituted under section 3;(cccc) “Deputy Commissioner” includes any other officer of the district authorised by the Deputy Commissioner to exercise any power conferred, or to perform any duty imposed, on the Deputy Commissioner by or under this Act;
(2) Where the Board consists of more than one member, the examination of a film shall be made by such number of members as may be prescribed and such examination shall be deemed to be the examination by the Board.
(3) In examining and certifying films for public exhibition, the Board shall follow such principles as may be prescribed.
(2) An appeal preferred under sub-section (1) shall be disposed of in the prescribed manner.
(3) If an appeal is preferred against the decision-
(4) No appeal under this section shall be disposed of without giving an opportunity to the appellant for representing his views in the matter.
(5) The decision of the Government under this section shall be final.
Provided that the Board shall not accept any feature film, not being a foreign film, for the purpose of examining its suitability for public exhibition if the total length thereof exceeds fourteen thousand feet, except where, on a request from the film producer, the Government has, for any special reason, previously agreed to relax the said limit.
(2) If 12the Board after examination considers that a film is suitable for public exhibition, it shall grant a certificate to that effect to the person applying for the same and cause the film to be marked in such manner as may be prescribed.
(3) A certificate granted under sub-section (2) shall, subject to the provisions of this Act, be valid for the whole of Bangladesh, for such period, if any, as may be specified in the certificate.
(4) Where any period is specified under sub-section (3), the Board may, on application in this behalf, extend such period, or the period so extended, or dispense with the period so specified or extended.
13(5) If the Board, after examination under section 4A, considers that-it shall inform the person applying for the certificate within fifteen days from the date of its decision.
(6) [Omitted by section 4 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006).]
(2) If a 16Deputy Commissioner is of the opinion that a certified film should not be publicly exhibited within his district, he may, by order, suspend, pending the orders of 17the Government under sub-section (4), the certificate in respect of that film 18 *.
19(3) A certified film shall, during the period of suspension of its certificate under sub-section (1) or sub-section (2), be deemed to be an uncertified film in respect of the whole of Bangladesh or, as the case may be, the district concerned. 20(4) A copy of any order of suspension made under sub-section (1) or sub-section (2), together with a statement of the reasons therefore, shall forthwith be forwarded to the Government by the 21Chairman or the 22Deputy Commissioner making the order, and the Government may either discharge the order or, by notification in the official Gazette, direct that the film shall be deemed to be an uncertified film in respect of the whole of Bangladesh:Provided that where the Government makes no order under this sub-section within the period of sixty days from the date of making of the order of suspension, the order of suspension shall, on the expiry of such period, be deemed to have been discharged.
(5) [Omitted by Article 7 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President's Order No. 41 of 1972).]
(1) Notwithstanding anything in the Cinematograph Act, 1918, or in any other law for the time being in force, the 23 * Government shall prescribe the places or class of places licensed for the exhibition of cinematograph films where, and the period or periods for which, any certified film or class of certified films may be exhibited.
(2) In respect of places prescribed under sub-section (1), the 24 * Government may by rules provide for the regulation of proper seating, sanitary, booking and other arrangements.
(2) Any person advertising a film certified for public exhibition restricted to members of any profession or any class of persons only of publicising such films by means of insertions in newspapers, posters or hand-bills shall, after the date of its certification, indicate in such insertions that the film has been certified for public exhibition restricted to the members of profession or class of persons only.
(3) The name and address of the producer and director of the film and the approval number of the Board shall be shown clearly on the publicity materials.
(4) Notwithstanding anything contained in Cinematograph Act, 1918 (II of 1918), if an unapproved publicity material is exhibited or displayed in any licensed place, the licence of the licensed place shall be liable to suspension or revocation.
Explanation.- For the purpose of this section “licensed place” means a place licensed under section 3 of the Cinematograph Act, 1918 (II of 1918) for the exhibition of film.
Where the 26 * Government is of the opinion that a certified film, or class of certified films, should, in the interest of law and order, or in the interest of local film industry, or in any other national interest, be decertified in respect of the whole or any part of Bangladesh, it may, of its own motion, by notification in the official Gazette, direct that such film or class of films shall be deemed to be uncertified film or films in respect of the whole of Bangladesh, or such area or areas as may be specified in the notification.
(2) A Police Officer or District Information Officer who has seized a film or any publicity materials under sub-section (1) shall forthwith forward it to the Court.
(3) On receipt of a 29film or any publicity materials under sub-section (2) the Board shall take such action under the Act as it deems proper.
shall be punishable with imprisonment for a term which may extend to three years, but shall not be less than one year, or with fine which may extend to taka ten thousand, or with both; and in case of continuing offence with a further fine which may extend to taka five thousand for each day during which the offence continues.
(2) Where a person is convicted of an offence punishable under sub-section (1) in respect of any film 31or publicity materials, the Court passing the sentence may further direct that the film shall be forfeited to the 32 * Government.
(3) Where a person is convicted of an offence punishable under sub-section (1) in respect of a place licensed for the exhibition of cinematograph films, the Court passing the sentence may further direct that, notwithstanding anything in the licence relating to such place, no cinematograph film shall be exhibited in that place for such period, not exceeding three months, as may be specified by the Court.
(1) 33Omitted by section 7 of the Censorship of Films (Amendment) Ordinance, 1982 (Ordinance No. LVIII of 1982).
(2) Where a person guilty of an offence punishable under this Act is a company or other body corporate, every managing director, director, manager, secretary or other officer or agent thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent its commission, be deemed to be guilty of such offence.
[(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),-
(1) The 34 * Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, rules made under this section may provide for-
The 35 * Government may, by order in writing, exempt, subject to such conditions and restrictions, if any, as it may impose, any film from all or any of the provisions of this Act.
The 36 * Government may, by notification in the official Gazette, delegate all or any of the powers exercisable by it under this Act to such authority or other person as may be specified in the notification.
[Amendment of Act II of 1918.- Omitted by Article 16 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President's Order No. 41 of 1972).]
[Savings.- Omitted by Article 17 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President's Order No. 41 of 1972).]
Notwithstanding anything contained in any other law for the time being in force, no Court shall grant an injunction or make any interim order in respect of any order passed under section 4, 5 or 7 without giving the Board an opportunity of being heard.]