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Cinematograph Act, 1952 Part 2

Title: Certification of Films for Public Exhibition

State: Central

Year: 1952

.....accordance with the pro-visions of the4[Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches. ___________________ 1. Inserted by Act 3 of 1959, section 5. 2. Inserted by Act 49 of 1981, section 12 (w.e.f. 1-6-1983). 3. Omitted by Act 49 of 1981, section 12 (w.e.f. 1-6-1983). 4. Substituted by Act 49 of 1981, section 12, for "Code of Criminal Procedure, 1898" (w.e.f. 1-6-1983). Section 7B - Delegation of powers by Board 1[(1)] The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by the Board under this Act shall,2[in relation to the certification of the films under this Part] and subject to such condition, if any, as may be specified in the order, be exercisable also by the Chairman or any other member of the Board, and anything done or action taken by the Chairman or other member specified in the order shall be deemed to be a thing done or action taken by the Board. 3[(2) The Central Government may, by order and subject to such conditions and restrictions as may be prescribed, authorise the regional officer to issue provisional certificates.] ___________________ 1. Renumbered as.....

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The Mizoram Exhibition of Films on Television Screen Through Video Cassette Players Act, 1990 Complete Act

State: Mizoram

Year: 1990

.....film other than a film which has been certified as suitable for public exhibition by the authority constituted under Section 3 of the Cinematograph Act, 1952 (Central Act XXXVII of 1952), and which, when exhibited, displays the prescribed mark of that authority, and has not been altered or tampered with in any way since such mark was affixed thereto. (2) No person licensed under this Act for keeping a Video Library shall sell, let to hire, distribute, exchange or put into circulation in any manner whatsoever any film other than a film which has been certified as suitable for public exhibition by the authority constituted under Section 3 of the Cinematograph Act, 1952 (Central Act XXXVII of 1952), and which, when exhibited, displays the prescribed mark of that authority, and has not been altered or tampered with in any way since such mark was affixed thereto. Section 10 - Power of Government of licensing authority to suspend exhibition of film in certain cases (1) The Government in respect of the whole of the State or any part thereof, and the licensing authority within jurisdiction, may, if they or he are or is of opinion that any film which is being or is about to.....

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Karnataka Entertainments Tax Act, 1958 Section 3C

Title: Special Provision in Respect of Certain Films

State: Karnataka

Year: 1958

.....has secured a Censor Certificate from the Central Board of Film Certification on or before 31st day of March, 2002, no tax shall be levied under 5 [sections 3 and section 3-A]11 [xxx]] 12 [Provided further that tax at the rate of seventy-five per cent of the tax payable under 5 [sections 3 and 3-A] shall be levied from 1st day of April, 2002 on a Kannada film which is a remake of a film of other language and which has secured a Censor Certificate from the Central Board of Film Certification.] 13 [(b) in the case of a cinematograph show of a Kannada, Kodava, Konkani, or Tulu film produced outside the State of Karnataka and which has secured censor Certificate issued by the Central Board of Film Certification on or before the thirty-first day of December, 1987, the rates of entertainments tax payable shall be 9 [nil] 14 [x x x].] 15 [Explanation.- x x x]]] 16 [(c) in the case of a cinematograph show of a Kannada film which is a remake of a film of any other language,- (i) having been remade in the State of Karnataka after a period of ten years from the date of issue of a certificate by the Central Board of Film Certification to such other language film; or (ii) which.....

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Rajasthan Video Films (Regulation of Exhibition) Act, 1990 Complete Act

State: Rajasthan

Year: 1990

..... (d) "Divisional Commissioner" means a Commissioner or Additional Commissioner appointed under Section 17 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956); (Substituted by Raj. Act No. 15 of 1992, (w.e.f. 1-6-1992)) [(e) "exhibition of video film" means exhibition of film on television screen through video cassette recorder and video cassette player;] (f) "Licensing Authority" for video cinemas means the District Magistrate of the area concerned and for video parlors, the Commercial Taxes Officer of the area concerned; (g) "Place" means any space including a building, hotel, restaurant, temporary structure of any description or conveyance or transport whether by land, water or air; (Substituted by Raj. Act No. 15 of 1992, (w.e.f. 1-6-1992)) [(h) "video cinema" means the entire place licensed for exhibiting by means of video on a screen of one hundred or more centimetres and admitting fifty or more but not more than one hundred and fifty persons in a permanent building and includes appurtenances, plants and apparatus located therein; (i) "video film" includes a work produced by a process analogous to that of cinematography; (j) "video parlour".....

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Cinematograph Act, 1918 [Repealed] Section 6

Title: Certification of Films

State: Central

Year: 1918

.....thinks fit. (5) If the Central Government rejects an appeal on the ground that a film is neither suitable for unrestricted public exhibition nor for public exhibition restricted to adults, it shall, by notification in the official Gazette, direct that the film shall be deemed to be an uncertified film in the whole of the territories to which this Act extends. (6) For the purpose of disposing of any appeal under this section, the Central Government may demand the exhibition of any film before any authority specified in this behalf. (7) Notwithstanding anything contained in this Act, the Central Government may, of its own motion, by notification in the official Gazette, direct that- (a) a certified film shall be deemed to be an uncertified film in the whole or any part of the territories to which this Act extends, or (b) a film in respect of which a "U" certificate has been granted shall be deemed to be a film in respect of which an "A" certificate has been granted.

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Cinematograph Act, 1952 Section 4

Title: Examination of Films

State: Central

Year: 1952

.....the film as it thinks necessary before sanctioning the film for public exhibition under any of the foregoing clauses; or] (iv) refuse to sanction the film for public exhibition. (2) No action under5[the proviso to clause (i), clause (ii), clause (iia), clause (iii) or clause (iv)] of sub-section (1) shall be taken by the Board except after giving an opportunity to the applicant for representing his views in the matter. ______________________ 1. The word "or" omitted by Act 49 of 1981, section 4 (w.e.f. 1-6-1983). 2. The proviso added by Act 49 of 1981, section 4 (w.e.f. 1-6-1983). 3. Inserted by Act 49 of 1981, section 4 (w.e.f. 1-6-1983). 4. Substituted by Act 49 of 1981, section 4, for clause (iii) (w.e.f. 1-6-1983). 5. Substituted by Act 49 of 1981, section 4, for "clause (ii), clause (iii) or clause (iv)" (w.e.f. 1-6-1983).

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Cinematograph Act, 1952 Section 5A

Title: Certification of Films

State: Central

Year: 1952

.....distributor or exhibitor or any other person to whom the rights in the film have passed shall not be liable for punishment under any law relating to obscenity in respect of any matter contained in the film for which certificate has been granted under clause (a) or clause (b).] (2) A certificate granted or an order refusing to grant a certificate in respect of any film shall be published in the Gazette of India. (3) Subject to the other provisions contained in this Act, a certificate granted by the Board under this section shall be valid throughout India for a period of ten years. ______________________ 1. Substituted by Act 49 of 1981, section 5, for sub-section (1) (w.e.f. 1-6-1983).

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Cine-workers Welfare Cess Act 1981 Section 3

Title: Levy and Collection of Cess on Feature Films

State: Central

Year: 1981

.....leviable on cinematograph films under any other law for the time being in force. Feature film Rate of cess per film Hindi films Rs. 10,000 Tamil, Telugu, Kannada and Malayalam films Rs. 3,000 Bengali, Marathi and Gujarati films Rs. 5,000 Oriya. Assamese and all other regional langauges films Rs. 2,000 ___________________________ 1. Substituted by the Cine Workers Welfare Cess (Amendment) Act, 1993 (37 of 1993) w.e.f. 07.05.1993. Prior to substitution it read as under : "With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be levied and collected as a cess, for the purposes of the Cine-Workers Welfare Fund Act, 1981, a duty of excise at the rate of one thousand rupees on every feature film."

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Income Tax Act, 1961 Section 80HHF

Title: Deduction in Respect of Profits and Gains from Export or Transfer of Film Software, Etc.

State: Central

Year: 1961

.....assessee furnishes in the prescribed form6, along with the return of income, the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed in accordance with the provisions of this section. (5) Where a deduction under this section is claimed and allowed in respect of profits of the business referred to in sub-section (1) for any assessment year, no deduction shall be allowed in relation to such profits under any other provision of this Act for the same or any other assessment year. (6) Notwithstanding anything contained in this section, no deduction shall be allowed in respect of the software or software rights referred to in sub-section (1), if such business is prohibited by any law for the time being in force. Explanation : For the purposes of this section, (a) competent authority means the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange; (b) convertible foreign exchange shall have the meaning assigned to it in clause (a) of the Explanation to section 80HHC; .....

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Copyright Act, 1957 Section 52A

Title: Particulars to Be Included in Sound Recording and Video Films

State: Central

Year: 1957

..... (a) if such work is cinematograph film required to be certified for exhibition under the provisions of the Cinematograph Act, 1952 (37 of 1952), a copy of the certificate granted by the Board of Film Certification under section 5 A of that Act respect of such work; (b) the name and address of the person who has made the video film and a declaration by him that he obtained the necessary licence or consent from ihe owner of the copyright in such work of making such video film; and (c) the name and address of the owner for the copyright in such work.] _____________________ ______ 1. Inserted by Act 65 of 1984, section 4 w.e.f. 8-10-1984. 2. Substituted by Act 38 of 1994, section 2, for "record" w.e.f. 10-5-1995.

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