Tamil Nadu Compulsory Censorship of Publicity Material Act, 1987
No: 34 Dated: Jul, 29 1987
The Tamil Nadu Compulsory Censorship of Publicity Material Act, 1987
Tamil Nadu Act 34 of 1987
An Act to provide for compulsory censorship of publicity material.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Compulsory Censorship of Publicity Material Act, 1987.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force in such areas and on such dates as the Government may, by notification appoint, and different dates may be appointed for different areas.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Board" means the Tamil Nadu Board of Censorship constituted under section 4;
(b) "Certificate of Censorship" means a Certificate of Censorship in respect of publicity material granted under section 7;
(c) "Chairman" means the Chairman of the Board;
(d) "Government" means the State Government;
(e) "Member" means a member of the Board;
(f) "objectionable publicity material" means any publicity material-
(i) which is obscene; or
(ii) which is likely to-
(A) incite any person to commit any offence involving violence; or
(B) offend against decency or morality; or
(C) promote on grounds of religion, race, place of birth of residence, language, caste or community or any other ground whatsoever dis-harmony, feelings of enmity or hatred or ill-will between different religious, racial, language or regional groups or castes or communities;
Explanation I. - A publicity material shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or of its effect or (where it comprises two or more distinct items the effect of any one of its items is, if taken as a whole, such as to end to deprave and corrupt persons who are likely having regard to all relevant circumstances, to read or see the matter contained or embodied in it, or if it portrays, exhibits or shows a picture, drawing, painting or figure of a female human being of any age in such posture which is offensive to senses or which is likely suggest any indecent or impure ideas in the minds of persons who are likely to read or see the matter contained or embodied in it.
Explanation II. - A publicity materials shall not be deemed to be objectionable merely if it-
(1) expresses disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means; or
(2) criticises any social or religious practices without malicious intention and with an honest view to promote social or religious reform or social justice;
(g) "place open to public view" includes any private place or building monument, statue, post, wall, fence, tree or other thing or contrivance visible to a person being in, or passing along, any public place;
(h) "public place" means any place (including a road, street or way whether a thoroughfare or not and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass;
(i) "publicity material" means any material which is produced in India or in any country outside India for giving publicity or anything other than publicity material relating to a cinematograph film and includes-
(i) hoarding, show-card insert, press design and enlargement;
(ii) poster;
(iii) still photo;
(iv) slide;
(v) still for publication in newspapers and periodicals, and
(vi) such other material as may be prescribed;
3. Exhibition of publicity material. - (1) No person shall affix to, or exhibit on, any place open to public view any publicity material without a Certificate of Censorship.
(2) Every publicity material exhibited shall bear in such manner as may be prescribed the number and date of certificate of censorship granted in respect of such publicity material.
4. Board of Censorship. - (1) For the purpose of granting Certificate of Censorship in respect of publicity material, the Government may, by notification, constitute a Board to be called the Tamil Nadu Board of Censorship which shall consist of a Chairman and not more than five other members appointed by the Government.
(2) The Censor Officer appointed under sub-section (1) of section 5 shall be the Member-Secretary to the Board.
(3) The Chairman and the members shall hold office for such term as may be prescribed.
(4) The Chairman shall receive such remuneration as may be determined by the Government and the members, other than the Censor Officer shall receive such allowances or fees for attending meetings of the Board as may be prescribed.
(5) The meetings of the Board shall be held at such place and time and in such manner as may be prescribed.
(6) No person shall he eligible for appointment as Chairman or Member of the Board unless he has completed the age of thirty-five years.