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Union of India - Section

Section 21 in The Cinematograph (Certification) Rules, 1983

21. Application for examination of films. - (1) Every application to certify a film for public exhibition shall be made in writing in [Form I or Form I-A or Form II or Form II-A, as the case may be,] set out in the Second Schedule according as the film is produced in or imported into India.

(2)The application shall be addressed to the Board and delivered to the Regional Officer concerned as per the First Schedule:Provided that where films are imported into India, the Chairman may direct or permit applications in respect of them to be delivered to a Regional Officer other than the Regional Officer to whom such applications would have been delivered but for this proviso:Provided further that the Chairman may in the following circumstances direct or permit applications in respect of any films or class of films to be delivered to a Regional Officer other than the Regional Officer to whom such applications would have been delivered but for this proviso, namely:--
(i)where the Chairman is satisfied that immediate action for examination of a film is necessary; or
(ii)where examination of a film with the assistance of persons well acquainted with the language of the film is not possible at the place where, but for the provisions of this proviso, it would have been delivered for examination; or
(iii)for such other reasons as may be specified by the Chairman in writing.
(3)Every such application shall be accompanied by--
(a)the fee prescribed under rule 36;
(b)eight copies in the case of feature films and five copies in the case of other films, of the synopsis of the film, together with full credit titles and of the full text of the songs if any with reel number, one copy of complete shooting script as prescribed and a statement showing the reelwise length of the film:
Provided that where the film is in a language other than English or any Indian language, the applicant shall furnish eight typed or printed copies of the translation in English or Hindi of the synopsis and of the full text of the songs, if any, and one copy of the translation in English or Hindi of dialogues:-Provided further that in the case of a film referred to in the preceding proviso, the Regional Officer may direct the applicant to furnish also eight typed or printed copies of the translation in English or Hindi of the full text of the dialogue, speeches or commentary; [*] [The word " and" omitted by G.S.R. 413(E), dated 29.5.1984. ]
(bb)[ a declaration made in writing by the producer of the film declaring that no cruelty was caused to the animals used during shooting of the films produced in India. [Inserted by G.S.R. 646(E), dated 12.11.1997 (w.e.f. 12.11.1997). ]
Explanation I.-For the purposes of this clause--
(i)"animal" shall have the meaning assigned to it in clause (a) of section 2 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);
(ii)"cruelty" means treating the animals in any manner specified in clauses (a) to (o) of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);]
(c)if the application is made for the purpose of a fresh certificate under sub-rule (2) of rule 29, the original certificate or duplicate certificate; [and] [Inserted by G.S.R. 413(E), dated 29.5.1984. ]
(d)[ if the application is made by a person other than the producer or copyright holder of the film, an authorisation in writing on a stamped paper of appropriate value to be notified by the Chairman from the producer or copyright holder of the film.] [ Inserted by G.S.R. 413(E), dated 29.5.1984.]
(4)If, in the case of a newsreel, documentary or other short film, the Regional Officer is satisfied that the applicant is not able to furnish the documents specified in sub-rule (3) along with the application for reasons beyond his control, the Regional Officer may direct that such documents may be furnished within such period after the examination of the film as he may specify or that the submission of such documents may be dispensed with.
(5)No such application shall be accompanied by any documents other than those mentioned in sub-rule (3).[* * *] [Omitted by Notification No. G.S.R. 357(E), dated 11.4.2017 (w.e.f. 9.6.1983).]
(6) Notwithstanding anything contained in the foregoing sub-rules, in the case of a film which is imported,--(a) the applicant shall furnish the original or a certified copy of the import license together with the customs clearance permit and with the customs clearance papers;(b) where there is a doubt or dispute about the validity or genuineness of the documents referred to in clause (a), the Board may before the application is considered refer such documents for ascertaining their validity or genuineness to the authority which issued the same;[*] [The word " and" omitted by G.S.R. 814(E), dated 13.12.1984 (w.e.f. 13.12.1984). ](c) the Board shall not take any steps for certification of a film in a case where any matter regarding the validity of the documents referred to in clause (b) is pending before any Court or any public authority until the disposal of such matter by the[Court or authority; and] [Substituted by G.S.R. 814(E), dated 13.12.1984 (w.e.f. 13.12.1984). ](d) [ such film shall not be examined by the Board for certification for public exhibition in India unless the Board is satisfied that the film is validly imported in accordance with the import policy of the Government.] [Inserted by G.S.R. 814(E), dated 13.12.1984 (w.e.f. 13.12.1984). ]
Explanation .-For the purpose of certification for public exhibition, every revised version or shorter version of a film shall be deemed to be a fresh film.