Section 44 in The Cinematograph (Certification) Rules, 1983

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Union of India - Section

Section 44 in The Cinematograph (Certification) Rules, 1983

44. Fees for appeal to the Appellate Tribunal. - (1) Subject to sub-rule (2) below, fees at the rates laid down in the following Table shall be payable along with every appeal petition preferred under sub-section (2) of section 5-C and the same shall be paid either in cash or remitted by postal order or bank draft to the Secretary to the Tribunal:

Table of Fees(i)Long film : Rs. 750 irrespective of length and gauge of film;(ii)Short film : Rs. 100 irrespective of length and gauge of film.

(2)The Chairman of the Appellate Tribunal may at his discretion and for reasons to be recorded in writing, waive the payment of fee in any particular case.

(3)In the event of an appeal being withdrawn before the film is previewed, the Chairman of the Appellate Tribunal may, on application made to it in that behalf, refund to the appellant the amount of fee paid towards appeal after deducting 25 per cent of the amount so paid.

(4)In the event of an appellant failing to present a runnable print before the Appellate Tribunal on the day and time and at the place fixed for preview, an additional fee of 25 per cent of the fee payable for consideration of appeal under the Table in sub-rule (1) shall be paid before another date and time for the preview of the film is fixed.

(5)If, by mistake, miscalculation or such other reason, the applicant pays towards fee for the consideration of appeal any amount in excess of the amount of fee payable under these rules, the Chairman of the Appellate Tribunal may, on an application made in that behalf, within a period of one year from the date the appeal has been decided, refund to the applicant the amount so paid in excess.First Schedule(See rule 21)Application for Certification of Films Imported into or Produced in the States/ Union Territories Mentioned in column 3 shall be presented at the Regional Office in column 2:

Sl. No.	Regional Office situated at	Films imported into or produced in
(1)	(2)	(3)
1.	Bangalore	State ofKarnataka.
2.	Bombay	States of Gujarat, Madhya Pradesh and Maharashtra and theUnionTerritoriesof Dadra and Nagar Haveli and Goa, Daman andDiu.
3.	Calcutta	[States of Bihar, West Bengal and theUnionTerritoriesof Andaman andNicobarIsland].
4.	Cuttack	State ofOrissa.
5.	Delhi	States of Haryana,Himachal Pradesh,Jammu and Kashmir, Punjab, Rajasthan and Uttar Pradesh and the Union territories ofChandigarhandDelhi.
6.	Guwahati	States ofArunachal Pradesh,Assam, Manipur, Meghalaya, Mizoram,Nagaland,Sikkimand Tripura.
7.	Hyderabad	State ofAndhra Pradesh.
8.	Madras	States of Tamil Nadu and theUnionTerritoryofPondicherry.
9.	Trivandrum	State of Kerala and the Union Territory of Lakshadweep.

Note. - [(1)] The dubbed version of a film, in whatever Indian language, will be submitted for certification only to the Regional Office where the original version of the film was certified in the first instance.

(2)[] The following two norms will define the "place of production" of films :-

(i)The location of the producer's association/council/chamber, etc., with whom the film-title was registered before starting production of film concerned. In the case of registration of the title with more than one association/council/chamber, etc., only the earlier registration to be considered; and

(ii)The location of the Head Office/Regional Office/production office of the film [producing] [ Substituted by G.S.R. 134 (E), dated 18-3-1996 (w.e.f. 18-3-1996) ] company.

Second ScheduleForm IForm of Application for Certification for Public Exhibition of a Film Produced in India[See sub-rule (1) of rule 21]No. and date of application (to be entered by Board's office)ToThe Central Board of Film Certification through the Regional Officer at.................................Application for certification for public exhibition of a film produced in India at.....................

(1)

(a)Name of the film

(b)Language of the film

(c)Length of the film in ft. ..............metre

(d)Number of reels

(e)Gauge of the film

(f)Type of the film, i.e. whether it is 2-D, 3-D, cinemascope, vistavision, etc.

(g)Whether the film is silent or a talkie

(h)Colour of the film

(i)Name and address of the producer

(j)Name of the director

(2)State whether the film is a newsreel/documentary/scientific/educational/feature/advertisement film.(2-A) Specify the certificate requested 'U', 'UA', 'A' or 'S'

(3)State separately the number of negative and positive prints of the film.

(a)Produced (negative.................................. Positive .....................)

(b)In the applicant's possession (negative ..............................Positive .................)

(c)Name and address of the processing laboratory.

(4)

(a)Whether the present film is a dubbed version or a re-make of any other film? If so, state the particulars along with full details of certificates issued to that film.

(b)Whether any pre-censorship advice was obtained and if so, the details thereof.

(c)Whether permission for any shooting abroad was obtained and, if so, the details thereof.

(d)Whether the film contains any dialogue/commentary in any language other than the language of the film and, if so, specify the language and the reels in which they occur.

(5)Has any previous application been made to certify this film as suitable for public exhibition in India? If so,

(a)Where and to whom was it made

(b)What was the result of the application ?

(i)A 'U'/'UA'/An 'A'/'S' certificate No....... dated...........was granted subject to the following cuts............ [Score out the word or words which are not applicable. ]

(ii)Certificate was refused. [Score out the word or words which are not applicable.]

(6)Has the exhibition of this film been at any time suspended or the film declared uncertified by the Central or any State Government? State particulars:

(7)Does the film contain any dialogue, Song, poem, speech or commentary in any language other than English, or an Indian language?If so, specify that reel or reels in which the dialogue, song, poem, speech or commentary occurs and the language or languages used.

(8)Amount of fee accompanying the application on account of the fee prescribed in rule 36.

(i)Receipt No.................................................. dated ..........................................................

(ii)Bank draft No.................... dated ............................... on.............................. Bank.

(iii)Postal order No.................................. dated................ on .............................. post office.

[(8-A) Whether any animal has been used in shooting of the film? If so, whether declaration specified in clause (bb) of sub-rule (3) of rule 21 has been filed ?] [ Inserted by G.S.R. 646 (E), dated 12-11-1997 (w.e.f. 12-11-1997).]

(9)Name, address, and telephone number, if any of the applicant Telephone No.:.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

(10)I declare that the print of the film is ready for examination by the Board and the statements recorded above are true in every particular.Date .................................................Signature of applicant[Form I-A [ Inserted by G.S.R. 83 (E), dated 28-2-1984 (w.e.f. 1-3-1984). ]Form of Application for Certification for Public Exhibition of A [Film on Video Tape or Compact Video Disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997. ] Produced in India[See sub-rule (1) of rule 21]No. and date of application (to be entered by Board's office)ToThe Central Board of Film Certification through the Regional Officer at.....................Application for certification for public exhibition of a video film produced in India at................

(1)

(a)Name of the [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997).]

(b)Language of the [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997).]

(c)Running time

(d)Number of cassettes

(e)Any other particulars of the video conversion

(f)Type of the film, i.e., whether it is 2-D, 3-D, cinemascope, vistavision, etc.

(g)Whether the film is silent or a talkie

(h)Colour of the film

(i)Name and address of the producer

(j)Name of the director

(2)State whether the [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997).] newsreel/documentary/scientific/educational/feature/advertisement video film.(2-A) Specify the certificate requested: 'U','UA','A' or 'S'.

(3)State separately the number of negative and positive prints of the [film on video tape or compact video disc] [Substituted by G.S.R. 207(E), dated 10-4-1997 (w.e.f. 10-4-1997). ].

(a)Produced (negative.................. positive .....................)

(b)In the applicant's possession (negative ...................positive ...................)

(c)Name and address of the laboratory/company where copies were made.

(4)

(a)Whether the [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997). ] for which the application has been made is a replica/exact copy of a cinematograph film on celluloid in respect of which a certificate has already been granted by the Central Board of Film Certification? Also state particulars of the film certified.

(b)Whether the [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997). ] is a modified version of a certified cinematograph film on celluloid containing additions, deletions/or other alterations (details of modifications may be provided).

(c)Whether the application being made is in respect of an original [film on video tape or compact video disc] [ Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997). ] and not a copy of an already certified cinematograph film on celluloid.

(d)Whether the present [film on video tape or compact video disc] [ Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1-1997).] is a dubbed version or remake of any other [film on video tape or compact video disc] [ Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997). ]? If so, state the particulars along with full details of certificates issued to that [film or video tape or compact video disc]. [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997).]

(e)Whether any pre-censorship advice was obtained and if so, the details thereof.

(f)Whether permission for any shooting abroad was obtained and, if so, the details thereof.

(g)Whether the [film on video tape or compact video disc] [ Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997).] contains any dialogue/commentary in any language other than the language of the [film on video tape or compact video disk] [ Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997).] and, if so, specify the language and the cassette in which they occur.

(5)Has any previous application been made to certify this [film on video tape or compact video disc] [Substituted by G.S.R. 207(E), dated 10-4-1997 (w.e.f. 10-4-1997).] as suitable for public exhibition in India ? If so,-

(a)Where and to whom was it made

(b)What was the result of the application

(i)A 'U'/'UA'/An 'A'/'S' certificate No............. dated..................... was granted subject to the following cuts ........... [Score out the word or words which are not applicable.]]

(ii)Certificate was refused. [Score out the word or words which are not applicable.]]

(6)Has the exhibition of this [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997). ]/film been at anytime suspended or the [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997). ]/film declared uncertified by the Central or any State Government? State particulars:

(7)Does the [film on video tape or compact video disc] [Substituted by G.S.R. 207(E), dated 10-4-1997 (w.e.f. 10-4-1997).] contain any dialogue, songs, poem, speech or commentary in any language other than English or an Indian language ?If so, specify that cassette or cassettes in which the dialogue, song, poem, speech or commentary occurs and the language used.

(8)Amount of fee accompanying the application on account of the fee prescribed in rule 36.

(i)Receipt No................dated ........................

(ii)Bank draft No................dated................ on........................Bank.

(iii)Postal order No.................dated .................on......................Post Office.

[(8-A) Whether any animal has been used in shooting of the film? If so, whether declaration specified in clause (bb) of sub-rule (3) of rule 21 has been filed ?] [Inserted by G.S.R. 646(E), dated 12-11-1997 (w.e.f. 12-11-1997)]

(9)Name, address and telephone number, if any, of the applicant. Telephone No.:

(10)I declare that the [film on video tape or compact video disc] [Substituted by G.S.R. 207 (E), dated 10-4-1997 (w.e.f. 10-4-1997).] is ready for examination by the Board and the statements recorded above are true in every particular. I also declare that I own the rights of the [film on video tape of compact video disc] [Inserted by G.S.R. 646 (E), dated 12-11-1997 (w.e.f. 12-11-1997). ] in question. I further declare that I have the right to use in the video film the additional material in the feature film in the form of trailers, advertisement shorts, documentary films, etc.......................................Signature of applicantDate.................................................Form IIForm of Application for Certification for Public Exhibition of a Film imported into India(See sub-rule (1) of rule 21)No. and date of application (to be entered by Board's office)ToThe Central Board of Film Certification through the Regional Officer at Bombay/Calcutta/Madras.Application for certification for public exhibition of a film first imported into India at....................

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Union of India - Section

Section 44 in The Cinematograph (Certification) Rules, 1983