Section 8 of The Cinematograph Act, 1952
- (1)The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Part. 1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for--
- (a)the allowances or fees payable to the members of the Board;
- (b)the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4;
- (ca)the manner of examination of film under sub-section (2) of section 4;
- (cb)the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7;
- (cd)the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;]
- (d)the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates;
- (e)the manner in which the Board may consult any advisory panel in respect of any film;
- (f)the allowances or fees payable to the members of advisory panel;
- (g)the marking of the films; 4** * * *;
- (l)the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused;
- (m)any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
Summary
- The Central Government has the authority to make rules to carry out the certification of films.
- These rules can dictate how filmmakers apply for a certificate, how films are examined, and what fees or allowances board members receive.
- The rules also set the process for an authorised officer to collect penalties, and how regional officers can issue provisional certificates.
- Any new rule must be presented to both Houses of Parliament for a total of thirty days.
- During this thirty day period, Parliament can choose to modify the rule or cancel it completely.
Practical examples
FAQ
1. Who creates the specific rules for film certification?
The Central Government creates these rules by publishing them in the Official Gazette.
2. Can the government make rules about how penalties are collected?
Yes, they can make rules specifying who the authorised officer is and how they collect penalties.
3. Do these rules take effect immediately without oversight?
No, they must be laid before both Houses of Parliament for thirty days, and Parliament can change or cancel them.
Test yourself
Q1.Under Section 8 of The Cinematograph Act, 1952, what must happen to every new rule made by the Central Government?
Q2.Section 8 of The Cinematograph Act, 1952 allows the government to make rules regarding Section 4 of the Act. What specific aspect of Section 4 do these rules cover?
Q3.Under Section 8 of The Cinematograph Act, 1952, rules can be made regarding the powers of regional officers under Section 7B. What specific power do these rules regulate?
Q4.Section 8 of The Cinematograph Act, 1952 states that rules will determine how penalties are levied under Section 7. Who is responsible for levying these penalties according to the rules?
Q5.Under Section 8 of The Cinematograph Act, 1952, what power does Parliament have over a newly proposed rule?