MOTION PICTURES ORDINANCE, 1979

THE MOTION PICTURES ORDINANCE, 1979                                  (XLIII of 1979)

An

Ordinance

[3rd  September, 1979]

to provide  for the censorship of films and the regulation of exhibition of films by means of cinematographs

Preamble.—  Whereas  it  is  expedient  to  provide  for  the  censorship  of  films  and   the regulation of exhibition of films by means of cinematographs, and  for matters connected therewith or incidental thereto;

And,   Whereas,  the   President  is  satisfied  that   circumstances  exist   which  render  it necessary to take immediate action;

Now,  therefore, in pursuance of the  Proclamation of the  fifth day  of July, 1977,  read  with the laws (Continuance in Force)  Order,  1977  (C.M.L.A Order  No. 1 of 1977),  and  in exercise of all powers enabling him in that behalf, the President is pleased to make  and  promulgate the following Ordinance:

CHAPTER I PRELIMINARY

1.        Short  title,  extent and  commencement.— (1) This Ordinance may  be  called the  Motion

Pictures Ordinance, 1979.

(2)       It extends to the whole of 1[the Punjab]. (3)       It shall come  into force at once.

2.        Definition.—  In  this  Ordinance,  unless  there   is  anything  repugnant  in  the  subject  or context;

(a)       “Board” means a Board established under  Section 3;

(b)       “Chairman”, in relation to a Board,  means the Chairman of the Board;

(c)        “Cinematograph” includes any  apparatus for the  reproduction of moving  pictures of series of pictures;

(d)       “Film”  means  cinematographic   film  or  other   materials   used  for  production   by cinematograph;

2[(dd)  “Government” means Government of the Punjab];

3[(e)     “place” includes a house, building, tent and any means of transport]; and

(f)       “Prescribed” means prescribed by rules made under  this Ordinance.

1 Substituted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

2 Inserted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

CHAPTER II ESTABLISHMENT OF THE BOARD

1[3.      Constitution of Board.–  (1) The  Government may,  by notification in the  official Gazette, constitute a Board  to be known as the Punjab Film Censor Board  for purposes of examining and certifying the films for public exhibition.

(2)       The  Board  shall consist of a Chairman, a Vice Chairman and  not less than  five but not  more  than  ten  members, of whom  Secretaries to the  Government Culture, Law and  Home Departments or their nominees not  below the  rank  of Additional Secretaries shall be  ex-officio members of the Board.

(3)       The  Chairman, Vice Chairman and  members of the  Board,  other  than  the  ex-officio members, shall hold office during  the  pleasure of the  Government on such  terms  and  conditions as the Government may determine].

4.        Uncertified film not  to be  exhibited.— (1) No person shall made or arrange a public or private  exhibition of a film by means of cinematographer unless the film has been duly certified for public exhibition by the Board,  provided that nothing in this sub-section shall be deemed to apply to the exhibition, in the residential premises of any person, of a film which only records events in the life of such person or any member of his family.

(2)       Any person desiring  to submit  any  film for certification for public exhibition shall, in the prescribed manner, make  an application to the Board  for a certificate in respect thereof along with its recording, print or such  equivalent material as the Board  may determine, including sound tracks  of speech, songs, music  and  effect, and  the Board  may after examining the film, or having it examined, in the prescribed manner,--

(a)       sanction the film for unrestricted public exhibition ; or

(b)       sanction the film for such  restricted public exhibition as may be prescribed ; or

(c)        direct  the  applicant  to carry  out  such exhibitions  in  the  film as the  Board  consider necessary before sanctioning the  film for unrestricted or restricted public exhibition, or

(d)       refuse to sanction the film for public exhibition.

(3)       Where  the  Board  directs that  any  portion of the  film be  excised, the  Board  shall, subsequent to he rejection of appeal, it any, or the expiration of thirty days  from the order,  it there is no appeal, destroy or cause to be destroyed all prints of sound and picture and original exposed negatives of the excised portions.

5.        Certification of  films.— (1) If,  after examining a  film or having it examined, the  Board considers that  the  film is suitable for unrestricted public exhibition or that,  though  not suitable for such  exhibition, it is suitable for restricted public exhibition, it shall grant  to the person applying for certification of the  film a certificate of the  appropriate category, and  shall in all cases caused the film to be marked in the prescribed manner.

(2)       An order  refusing to grant  a  certificate, or an  order  suspending a  certificate, or an order decertifying a certified film shall be published in the official Gazette.

(3)       Subject to  the  other  provisions of this Ordinance a  certificate granted under  this section shall be  valid for such  area and  period  as the  Board  may,  by notification in the  official Gazette, specify in this behalf.

6.        Principles of  guidance in certifying films.— (1) A film shall not  be  certified for public exhibition if, in the  opinion of the  Board,  the  film or any  part  thereof is prejudicial to the  glory of Islam or the integrity, security or defense of Pakistan or any part thereof, friendly

relations  with  foreign  States,  public  order,   decency  or   morality  or   amounts  to   he commission of, or incitement to, an offence.

(2)       Subject to the provision  of sub-sec. (1), of the guidance of the Board  in the exercise of its powers under  this Ordinance, the  1[Government] may  issue a  Censorship Code  and  such directions as it may think fit.

7.        Appeals.—  Any person applying  of 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 a restricted certificate ; or

(c)       directing the applicant to carry out any excision;

May, within thirty days  of the date  of such  order,  prefer an appeal to the  2[Government] and the appeal shall be disposed of in the prescribed manner and  the order  of the  3[Government] shall be final ;

Provided that  before passing an  order  under  this section an  opportunity shall be  provided to the appellant of being heard.

8.        Powers  to  suspend  exhibition of  films  in certain  cases.— (1) A board  may,  if it  has reason to believe that  a film in respect of which a certificate has been granted by it under  sec. 5 has been or is  being  exhibited  in  contravention  of any  of the  conditions  subject  to which  it has been certified, by order  suspend the  exhibition of the  film for such  period  as may be  specified in the order.

(2)       The 4[District Coordination Officer], in respect of the whole or any part of the district, may, if he is of the opinion that any film which is being publicly exhibited is likely to cause a beach of the peace, by order  suspend the exhibition of the film for such  period not exceeding one  month as may be specified in the order.

(3)       While an order under  sub-sec. (1) or sub-sec. (2) is in force in respect of a film, such film shall be deemed to be an uncertified film in respect of the area specified in the order

(4)       For the  purpose of inspecting the  exhibition of films and  the  proper  enforcement of the provisions of this Ordinance relating to such  exhibition, the Board  may,  by order  in writing as authorize such  persons as it may deem it for such  area may be specified in the order.

(5)       where   a   film  in  respect  of  which  no   certificate  has  been  granted under   this Ordinance is exhibited, or a  film certified as suitable for restricted public exhib9tion is exhibited otherwise than  as certified, or a film is exhibited in contravention of any of the other  provisions of this  ordinance,  any  police  officer  not  below  the  rank  of Inspector  may,  upon  a  report  in  writing

1 Substituted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

2 Substituted by the Act ibid

3 Substituted by the Act ibid

4 Words “District Magistrate” earlier Subs. by Motion Pictures (Amendment) Ord., 2002  with words Zila Nazim, now Substituted by the Punjab

Motion Pictures (Amendment) Act 2012 (X of 2013)

made by  the  Board  or  by  a  person authorized  by  it in  this  behalf  or  under  the  order  s of the

1[District Coordination Officer], enter  any place licensed for the exhibition of films in which there  is reason to believe that  the  film has been or is being exhibited, search it and  seize the  film and projection equipment.

2[(5-a) Where  the police officer mentioned in sub-section (5) is not available at the spot  and there  are  sufficient reasons to  believe that  the  film  is being exhibited in contravention of any provision  of  the  Ordinance,  an  officer    authorized  by  the  Board,   may  take   into  possession cinematograph and other exhibiting material and immediately submit a report to the Board].

(6)       A copy  o fan order  under  sub-sec. (1) or sub-sec. (2), together with a statement of the reasons thereof shall forthwith be forwarded to the  3[Government] and  the 4[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 such area as may be specified in the notification.

9.        Revisional  powers  of  the  5[Government].—  (1)  Notwithstanding  anything  contained  in this Ordinance, the  6[Government] may  at  any  stage call for the  record  of any  proceedings in relation  to any  film which  is  pending  before  or has been decided  by the  board  and,  after  such inquiry into the matter  as it considers necessary, and without notice to the person who has applied of certification of the film or to whom a certificate in respect of the   film has been granted or to the distributor or exhibitor of such  film, make  such  order  in relation thereto as it thinks fit.

(2)       Without   prejudice   to   the   powers   conferred   on   it   by   sub-section   (1).   The

7[Government] may, by notification the official Gazette, direct that—

(a)       a film or class of films in respect of which a certificate has been granted under  this Ordinance or  under   the  Censorship of Films Act,  1963  (XVIII of  1963),  shall be deemed to be  an  uncertified film or class of films in the  8[whole or any  part  of the Punjab].

Provided that not such  order shall be made by the  9[Government] unless it is satisfied that it is necessary to do so  in the  interest of the  glory of Islam or the  integrity, security or defense of Pakistan or any part thereof, friendly relations with foreign States, public order,  decency morality, or to prevent the commission of, or incitement to, an offence ; or

(b)       a film which has been sanctioned for unrestricted public exhibition under  Section 5 or to which a “U” certificate has been granted under  the  Censorship of Films Act, 1963  (XVIII of

1963),  shall be deemed to be a film in respect of which a restricted certificate has been granted.

10.      Information and documents to be given to distributors and exhibitors with respect to certified films.— Any person who delivers any certified film to any distributor or exhibitor, shall in such  manner as may be prescribed, notify to the distributor or exhibitor, as the case may be,  the title and  length of the film, the number and  nature of the certificate granted in respect thereof and

1 Words “District Magistrate” earlier Subs. by Motion Pictures (Amendment) Ord., 2002  with words Zila Nazim, now Substituted by the Punjab

Motion Pictures (Amendment) Act 2012 (X of 2013)

2 Inserted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

3 Substituted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

4 Substituted by the Act ibid

5 Substituted by the Act ibid

6 Substituted by the Act ibid

7 Substituted by the Act ibid

8 Substituted by the Act ibid

the  conditions, if any,  subject to which it has been granted and  such other  particulars as may  be prescribed.

11.      Powers  to  direct  exhibition of  films  for examination.— For  the  purpose of exercising any  of the  powers conferred on it by this Ordinance the  1[Government] or the  Board  may  require any film to be exhibited before it or before any person specified by it in this behalf.

12.      Vacancies, etc.,  not  to invalidate proceedings.—  No act  proceeding of the  Board  shall be  deemed to  be  invalid  by  reason only  of  the  existence  of  a  vacancy in,  or  defect  in  the constitution of the Board.

CHAPTER III

EGULATION OF EXHIBITION BY MEANS OF CINEMATOGRAPH

13.      Licensing of  places for  exhibition of  films.—  (1)  Save as otherwise provided  in this chapter, no person shall give a public exhibition by means of cinematograph elsewhere than  in a place licensed under  this Ordinance or  otherwise than  in compliance with any  conditions and restriction imposed by such  license.

(2)       the  authority  having  power   to  grant   a  license  under   this  Ordinance,  hereinafter referred to as the licensing authority,  shall be the 1[Government];

Provided that  the  2[Government] may,  by notification in the  official Gazette, specify for the whole or any part of the Province such other authority as it may specify in the notification to be the licensing authority for the purposes of this Chapter.

(3)       the licensing authority  shall not grant  a license under  this Chapter in respect of any place unless it is satisfied that—

(a)       the rules made under  this Chapter have  been complied with ; and

(b)       adequate precautions have  been taken  in respect of the place for which the license is to be  given to provide  for the  safety and  health of persons attending exhibition therein.

(4)       Subject to the foregoing provisions of this section, the licensing authority  may grant a license under  this Chapter to such  applicant as it deems fit and  no such  terms  and  conditions and  subject to such  restrictions as it may  determine, 3[including the  maximum charges for the admission of persons to the  exhibition of a  film in a  place in respect of which such license is granted].

(5)       Where  the authority specified by the  4[Government] under  the proviso to sub-section (2) to be  the  licensing authority  consists of more  person. Then  one,  no decision of the  licensing authority  shall  be  invalid  by  reasons only  of  the  existence  of  a  vacancy in,  or  defect  in  the constitution of, the said authority.

14.      Directions as to screening of documentaries, etc.—  The 5[Government] may, from time to time, issue to any person to whom a license has been granted under  the Chapter any directions for the purpose of regulating the exhibition of any film or class of films so that scientific films, films intended  for  educational  or  cultural  purposes,  films  dealing  with  news  or  current   events, documentary films and  indigenous films secure an  adequate opportunity of being exhibited, and such  directions shall be  deemed to be  additional conditions and  restrictions subject to which the license has been granted.

1 Substituted by the Act ibid

2 Substituted by the Act ibid

3 Added by the Motion Pictures (Amendment Ordinance, VII of 1982

4 Substituted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

CHAPTER IV MISCELLANEOUS

15.      Delegation of  Powers.— the  1[Government] may,  by notification in the  official Gazette, delegate all or any of the power  exercisable by it under  this Ordinance to such  authority  or person as may be specified in the notification.

16.      Certain persons to be public  servants.—The chairman, 2[Vice Chairman], members and employees  of a  Board  and  person empowered under  sub-section  (4)  of section  8  shall,  when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code  (Act XLV of 1860)

17.      Bar  to  legal  proceedings.—  (1)  No  suit  or  other  legal  proceeding  shall  lie  against  the

3[Government], Board  or any officer or member thereof, s the case may be, in respect of anything which is in good  faith done  or intended to be done  under  this Ordinance.

(2)       No Court  shall grant  an  injection or make  any  interim order  in respect of any  order passed under  Section 8 or Sec.  9.

18.      Penalties and procedure.— (1) whoever—

(a)       exhibits or causes or permits to be exhibited in any place or abets the exhibition of, any  film which has not been certified by the  Board  or which,  when  exhibited, does not  display  the  prescribed mark  or has been altered  or tampered with  since  such mark was affixed thereto ; or

(b)       without lawful authority,  alters or tampers with in any way, any film after it has been certified ; or

(c)       fails  to  comply  with  the  provisions  of  Sec. 5  or  of  any  order   made under   this

Ordinance;

Shall be punishable with imprisonment for a term which may extend to three  years, or with fine which may  extend to one  lac rupees, or with both,  and,  in the  case of a continuing offence, with a further fine which may extend to ten thousand rupees for each day during which the offence continues.

(2)       If the owner  or person incharge of a cinematograph on any place uses it or follows it to be  used in contravention of the  provisions of this Ordinance or the rules made there  under,  or of the  conditions  and  restrictions  upon  or subject  to which  any  license  has been granted under this  Ordinance,  he  shall  be  punishable  with  imprisonment  for a  term  which  may  extend to one year,  or with fine which may  extend to ten  thousand rupees, or with both,  and  , in the  case of a continuing  offence,  with  a  further  fine  which  may  extend to two thousand rupees for each day during which the offence continues.

1 Substituted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

2 Inserted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

3 Substituted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

(3)       If any person is convicted of any offence punishable under  sub-sec. (1) or sub-sec. (2) committed by him in respect of any  film, the  Court  may  further direct that  the  film and  the cinematograph used for its exhibitions may be forfeited to the Board.

1[(3-A)  whoever charges for the  admission  of any  person to the  exhibition  of a  film in  a place licensed under  this ordinance any  amount in excess of the  maximum charges fixed under sub-section (b) of Section 13,  or sells to any  person a ticket of such  admission at a cost  higher than the maximum  charges so fixed shall be punished with punishment provided for in sub-section (2)].

(4)       Where  the person convicted of an offence under  this section is the hold of a license granted under  Sec. 13, the licensing authority  may revoke  the license.

(5)       Notwithstanding anything contained in the  Code  of Criminal  Procedure, 1898  (V of

1898),  no Court shall take  cognizance of an offence punishable under  this section except upon  a complaint in writing made by the Board  or the licensing authority or persons authorized by any of them.

19.      Power  to make  rules.— (1) The 2[Government] may,  by notification in the official Gazette, make  rules for carrying out the purposes of this Ordinance.

(2)       In particular  and  without  prejudice  to the  generality  of the  foregoing  powers, such rules may provide for all or any of the following matters, namely :--

(a)       the manner in which the Board  may exercise its powers including the establishment of centers at different places and  the delegation of any of the powers of the Board to any member nominated by the 3[Government] in that behalf;

(b)       the  procedure of the  Board  and  all matters ancillary thereto, and  the  fees to  be charged by it;

(c)        the conditions subject to which any certificate may be granted under  Chapter II and the circumstances in which such certificate shall be refused;

(d)       the   manner  in  which  appeals  under   Section  7  may   be   preferred,  heard,  and disposed of;

(e)       the  terms, conditions and  restrictions, if any,  under  which licenses may  be  granted under  Chapter III ; and

(f)        any other matter  which is to be or may be prescribed.

20.      Power  to exempt.— The  4[Government] may,  by order  in writing, exempt, subject to such conditions  and   restrictions  as it  may   impose,  any   film  or  class  of  films  or  cinematograph exhibitions  or  class  of  cinematograph  exhibitions  from  all  or  any   of  the   provisions  of  this Ordinance or the rules made thereunder.

21.      Repeals and savings.— (l) The Cinematograph Act, 1918  (II of 1918),  and  the Censorship of Films Act, 1963 (XVIII of 1963),  are hereby repealed.

(2)       Notwithstanding the  repeal of any  Act by sub-sec. (1), and  without prejudice to the provisions  of Section  24  of the  Genera Clauses  Act, 1897  (X of 1897),  everything  done, order

1 Sub-sec. (3-A) ins, by the Motion Pictures (Amendment) Ordinance VII of 1982

2 Substituted by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013)

3 Substituted by the Act ibid

4 Substituted by the Act ibid

passed, action  taken   or  obligation,  liability,  penalty  or  punishment  incurred  under   any  of  the provisions of the said Act, shall, if not inconsistent with the provisions of this Ordinance, continue in force and  be deemed to have  been done, passed, taken  or incurred under  the provisions of this Ordinance.