West Bengal (Compulsory Censorship Of Film Publicity Materials) Act, 1974
No: 30 Dated: May, 17 1974
THE WEST BENGAL (COMPULSORY CENSORSHIP OF FILM PUBLICITY MATERIALS) ACT, 1974
West Bengal Act XXX of 1974
An Act to provide for compulsory censorship of publicity materials relating to films.
Whereas it is expedient to provide for compulsory censorship of publicity materials relating to films;
It is hereby enacted as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal (Compulsory Censorship of Film Publicity Materials) Act, 1974.
(2) It extends to the whole of West Bengal.
(3) It shall come into force in such areas and on such dates as the State Government may, by notification, appoint and different dates may be appointed for different areas.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "Board" means the West Bengal Board of Censorship constituted under section 3;
(b) "distributor" means a person who distributes film for the purpose of exhibition in cinema houses on commission;
(c) "exhibitor" means a person who holds a licence under the West Bengal Cinemas (Regulation) Act, 1954;
(d) "notification" means a notification published in the Official Gazette;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "producer" means a person who produces and is the owner of a film intended for public display;
(g) "publicity material" means any material for giving publicity of a film which is produced in India or any country outside India and includes-
(i) hoarding, showcard, insert, press design and enlargement,
(ii) poster,
(iii) still photo,
(iv) cinema slide,
(v) cinema still for publication in newspapers and periodicals, and
(vi) such other material as may be prescribed.
3. Board of Censorship. - (1) For the purpose of granting Certificate of Censorship in respect of publicity material, the State Government may, by notification, constitute a Board to be called the West Bengal Board of Censorship which shall consist of a Chairman and not more than five other members appointed by the State Government.
(2) The Censor Officer appointed under sub-section (1) of section 4 shall be the Member-Secretary to the Board.
(3) The Chairman and the members of the Board shall hold office for such term as may be prescribed.
(4) The Chairman of the Board shall receive such remuneration as may be determined by the State Government and the members of the Board, 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.
4. Censor Officer and other staff. - (1) For carrying out the purposes of this Act the State Government shall appoint one Censor Officer and may also appoint such number of Assistant Censor Officers, Inspectors and Sub-Inspectors as the State Government may think fit to assist the Censor Officer.
(2) The Censor Officer, Assistant Censor Officers, Inspectors and Sub-Inspectors shall be appointed by the State Government in the Information and Public Relations Department.
(3) The Censor Officer, Assistant Censor Officers, Inspectors and Sub-Inspectors shall receive such salaries and allowances as may be determined by the State Government.
(4) The Censor Officer, and the Assistant Censor Officers, Inspectors and Sub-Inspectors when so authorised by the Board, may inspect any cinema house and may call for any document relating to publicity material from any distributor, producer or exhibitor for inspection.
(5) The Censor Officer, Assistant Censor Officers, Inspectors and Sub-Inspectors shall perform such other functions as may be prescribed.
5. Application for Certificate of Censorship. - (1) If any distributor, producer or exhibitor wants to display in the lobby of a cinema house or outside the cinema house or in any public place any publicity material, he shall make an application to the Board in such form as may be prescribed, for a Certificate of Censorship and shall submit such material along with the application in such manner as may be prescribed.
(2) The distributor, the producer or the exhibitor, as the case may be, shall, while making the application under sub-section (1), pay such fee as may be prescribed.
(3) Every distributor, producer or exhibitor shall, before he makes any application to the Board under sub-section (1), get himself enrolled as distributor, producer or exhibitor, as the case may be, in such manner as may be prescribed.
6. Grant of Certificate of Censorship. - (1) The Censor Officer shall examine the publicity material submitted under section 5 and place the publicity material together with his recommendations, if any, before the Board for its consideration.
(2) If after examining the publicity material and the recommendations of the Censor Officer the Board considers that the publicity material is free from obscenity and is suitable for public display it shall grant a Certificate of Censorship in such form and in such manner as may be prescribed which shall be signed by the Censor Officer or in his absence by such Assistant Censor Officer as may be empowered in this behalf by the Board and the publicity material shall then be returned to the person who submitted it.
(3) No distributor, producer or exhibitor shall display any publicity material in respect of which a Certificate of Censorship has not been granted under this Act.
(4) No distributor, producer or exhibitor shall display any publicity material without exhibiting thereon such mark of censorship in such manner as may be prescribed.