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Home > LAWYERS > General Interest > Scientific, Technical and Medical > Computer Science |
A comprehensive book giving the law for cinemas as well as for films, video, cable TV, sound recordings and computer programmes.
This most comprehensive work gives all rules and regulations relating to licensing procedure, fees, the new copyright law, penalties for infringement, censorship, terms and conditions of employment of cine workers, minimum wages, prohibition against indecent representation of women, movies glorifying Sati, obscene posters, entertainment and betting tax, prohibition of smoking in cinemas, tax on advertising through cinemas, etc.
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Short title, extent and commencement 2 Definitions 3 Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir 4
Board of Film Censors 4 Examination of films 4 Advisory panels 5 Certification of films 6 Principles for guidance in certifying films 7 Appeals 7 Constitution of Appellate Tribunal 8 Suspension and revocation of certificate 9 Review of orders by Central Government 9 Revisional powers of the Central Government 10 Information and documents to be given to distributors and exhibitors with respect to certified films 11 Penalties for contraventions of this Part 11 Power of seizure 13 Delegation of powers by Board 13 Power to direct exhibition of films for examination 14 Vacancies, etc., not to invalidate proceeding 14 Members of the Board and advisory panels to be public servants 14 Bar of legal proceedings 14 Power to make rules 14 Power to exempt 15
Cinematograph exhibitions to be licensed 16 Licensing authority 16 Restrictions on powers of licensing authority 16 Power of Central Government or local authority to suspend exhibition of films in certain cases 17 Penalties for contravention of this Part 18 Power to revoke licence 18 Power to make rules 18 Power to exempt 19
Repeal 19
Short title and commencement 21 Definitions 21 Terms of office 22 Casual vacancy 22 Headquarters 22 Temporary absence of Chairman 22 Constitution of advisory panels 22 Term of office of members of advisory panels 23 Officers of the Board 23 Duties of the Board 23 Assessment of public reactions to films 24 Terms and conditions of service (other than salary and allowances) of the Chairman of the Board and allowances payable to the other members of the Board 24 Allowances payable to members of the advisory panel 25 Meetings of the Board 25 Co-opted members 25 Notice of meeting 25 Business ordinarily to be transacted at meetings 25 Quorum 25 President of the meeting 25 Question to be decided by majority of votes 25 Application for examination of films 26 Examining Committee 27 Certification 29 Revising Committee 29 Issue of certificate subject to removal of portions of film 31 Deposit of a copy of certified film 32 Validity of certificate 33 Compliance with Section 6-A 33 Uncertification of a film under Section 6 33 Re-examination of certified films 33 Alteration of film after issue of certificate 34 Amendment of certificate granted by the Board after notification under Section 6 35 Certificates 35 Fees 35 Power of entry 37 Advertisement of films 38 Maintenance of register 38 Certain films to continue to remain uncertified films 38 Time limit in relation to certification of films 39 Preservation of records of certification of films 40 Terms and conditions of service of the Chairman and members of the Appellate Tribunal 41 Fees for appeal to the Appellate Tribunal 42 FIRST SCHEDULE 43 SECOND SCHEDULE (FORMS) 44-60 NOTIFICATION 62
Short title, extent and commencement 63 Definitions 63 Rule of construction in the application of Act to Part B States 64 Cinematograph exhibitions to be licensed 64 Licensing authority 64 Restrictions on powers of licensing authority 64 Certification of films 66 Power of State Government or local authority to suspend exhibitions of films in certain cases 67 Penalties 68 Power to make rules 69 Power to give directions 70 Power to exempt 70
Short title, extent and commencement 72 Definitions 72
Prohibition of employment of cine-workers without agreement 74 Conciliation officers 75 Duties of conciliation officers 75 Settlement to be binding and to be enforced by the competent authority 75 Constitution of Tribunals 75 Disqualification for the presiding officers of Tribunals 76 Filling of vacancies 76 Finality of orders constituting Tribunals, etc., 76 Reference of disputes to Tribunals 76 Procedure and powers of conciliation officers and Tribunals 76 Duties of Tribunals 78 Publication of awards of Tribunals 78 Revision 78 Application of Act 19 of 1952 to cine-workers 79 Penalties 79 Offences by companies 79 Cognizance of offences 80 Magistrate's power to impose enhanced penalties 80 Effect of laws and agreements inconsistent with this Chapter 80 Protection of action taken under this Chapter 80 NOTIFICATION 80 Delegation of powers 80 Power to make rules 81
Application of Act 19 of 1952 81 Application of Act 39 of 1972 81
Short title and commencement 82 Definitions 82
Form of agreement under Section 3 82
Applications 82 Attestation of Application 83
Conciliation Officers 83 Parties to submit statement 83 Proceeding before the tribunal 83 Place and time of hearing 84 Evidence 85 The summons 85 Service of summons or notice 85 Description of parties in certain cases 85 Manner of service in the case of numerous persons as parties to dispute 85 Procedure at the first sitting 86 Tribunal may proceed ex parte 86 Power of tribunals 86 Appointment of Assessors 86 FORMS 86
Short title, extent and commencement 90 Definitions 90 Levy and collection of cess on feature films 91 Payment of duty of excise 91 Crediting proceeds of duty to Consolidated Fund of India 92 Power of Central Government to exempt 92 Penalty for non-payment of duty of excise 92 Recovery of amounts due under the Act 92 Protection of action taken in good faith 92 Power to make rules 92
Short title and commencement 93 Definitions 93 Levy and Collection of Cess 93 Duties of the Chairman 94 Manner of Assessment and Collection 94 Refund and Recovery of the Duty of Cess 94 Authority for Imposition of Penalty for Non-Payment of Duty of Excise 94 SCHEDULE (FORMS) 95
Short title, extent and commencement 96 Definitions 96 Cine-workers Welfare Fund 97 Application of Fund 97 Advisory Committees 98 Central Advisory Committee 98 Power to co-opt, etc., 98 Appointment of Welfare Commissioners, etc., and their powers 99 Annual report of activities financed under the Act 99 Power to call for information 99 Power to make rules 99
Law for Films, Video, Cable TV, Sound Recordings and Computer Programmes 103 The Copyright Act, 1957 105
Short title, extent and commencement 105 Interpretation 105 Meaning of publication 109 When work not deemed to be published or performed in public 109 When work deemed to be first published in India 109 Certain disputes to be decided by Copyright Board 109 Nationality of author where the making of unpublished work is extended over considerable period 109 Domicile of corporations 110
Copyright Office 110 Registrar and Deputy Registrars of Copyrights 110 Copyright Board 110 Powers and procedure of Copyright Board 110
Works in which copyright subsists 111 Meaning of copyright 113 Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 1911 114 No copyright except as provided in this Act 114
First owner of copyright 114 Assignment of copyright 115 Mode of assignment 116 Disputes with respect to assignment of copyright 116 Transmission of copyright in manuscript by testamentary disposition 117 Right of author to relinquish copyright 117
Term of copyright in published literary, dramatic, musical and artistic works 117 Term of copyright in anonymous and pseudonymous works 117 Term of copyright in posthumous works 118 Term of copyright in photographs 119 Term of copyright in cinematograph films 119 Term of copyright in sound recordings 119 Term of copyright in Government works 119 Term of copyright in works of public undertakings 119 Term of copyright in works of international organisation 119
Licences by owners of copyright 119 Application of Sections 19 and 19-A 119 Compulsory licence in works withheld from public 119 Compulsory licence in unpublished Indian works 120 Licence to produce and publish translations 121 Licence to reproduce and publish works for certain purposes 124 Termination of licences issued under this Chapter 125
Registration of copyright society 126 Administration of rights of owner by copyright society 127 Payment of remunerations by copyright society 127 Control over the copyright society by the owner of rights 128 Submission of returns and reports 128 Rights and liabilities of performing rights societies 128
Broadcast reproduction right 128 Performer's right 129 Acts not infringing broadcast reproduction right or performer's right 129 Other provisions applying to broadcast reproduction right and performer's right 130
Power to extend copyright to foreign works 130 Provisions as to works of certain international organisations 131 Power to restrict rights in works of foreign authors first published in India 131 Orders under this Chapter to be laid before Parliament 131
Register of Copyrights 132 Entries in Register of Copyrights 132 Indexes 132 Form and inspection of register 132 Register of Copyrights to be prima facie evidence of particulars entered therein 132 Correction of entries in the Register of Copyrights 133 Rectification of Register by Copyright Board 133 Entries in the Register of Copyrights, etc., to be published 133
When copyright infringed 133 Certain acts not to be infringement of copyright 135 Particulars to be included in sound recordings and video films 139 Accounts and audit 140 Importation of infringing copies 140 Resale share right in original copies 141
Definition 141 Civil remedies for infringement of copyright 141 Protection of separate rights 142 Author's special rights 142 Rights of owner against persons possessing or dealing with infringing copies 142 Restriction on remedies in the case of works of architecture 143 Remedy in the case of groundless threat of legal proceedings 143 Owner of copyright to be party to the proceeding 143 Jurisdiction of court over matters arising under this Chapter 143
Offence of infringement of copyright or other rights conferred by this Act 144 Enhanced penalty on second and subsequent convictions 144 Knowing use of infringing copy of computer programme to be an offence 144 Power of police to seize infringing copies 145 Possession of plates for purpose of making infringing copies 145 Disposal of infringing copies or plates for purpose of making infringing copies 145 Penalty for making false entries in register, etc., for producing or tendering false entries 145 Penalty for making false statements for the purpose of deceiving or influencing any authority or officer 145 Penalty for contravention of Section 52-A 146 Offences by companies 146 Cognizance of offences 146
Appeals against certain orders of Magistrate 146 Appeals against orders of Registrar of Copyrights and Copyright Board 146 Procedure for appeals 147
Registrar of Copyrights and Copyright Board to possess certain powers of civil courts 147 Orders for payment of money passed by Registrar of Copyrights and Copyright Board to be executable as a decree 147 Protection of action taken in good faith 147 Certain persons to be public servants 147 Power to make rules 147 Repeals, savings and transitional provisions 149
Short title, extent and commencement 151 Interpretations 151
Terms and conditions of office of the Chairman and members of the Copyright Board 151 Functions of the Secretary of the Copyright Board 152
Notice of relinquishment 152
Application for licence 152 Notice of application 152 Consideration of the application 152 Manner of determining royalties 153 Extension of the period of licence 153 Cancellation of licence 153
Application for licence 154 Notice of application 154 Manner of determining royalties 155 Extension of the period of licence 155 Cancellation of licence 155 Notice for termination of licence 155
Publication of statement of fees etc., 155 Determination of objections 156 Publication of alterations in the statements of fees etc., 156
Form of Register of Copyrights 156 Application for Registration of Copyright 156 Correction of entries in the Register of Copyrights 157 Indexes 157 Inspection of the Register of Copyrights and Indexes 157 Copies and extracts of the Register of Copyrights and Indexes 157
Making of records 157
Importation of infringing copies 158 Procedure for examination of infringing copies 158
Mode of making applications etc., 158 Mode of communication by the Copyright Board etc., 158 Fees 158 Right of audience 159 Costs 159 FIRST SCHEDULE (FORMS)159 SECOND SCHEDULE 172
SCHEDULE 177
Short title, extent and commencement 179 Definitions 180 Prohibition of advertisements containing indecent representation of women 180 Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women 180 Powers to enter and search 181 Penalty 181 Offences by companies 181 Offences to be cognizable and bailable 182 Protection of action taken in good faith 182 Power to make rules 182
Short title and commencement 183 Definitions 183 Manner of seizing of articles 183 Manner of packing and dealing the advertisements or articles seized 184 Manner of seizing and sealing of advertisements or articles in certain cases 184 FORMS 184
Short title, application and commencement 186 Definitions 186 Restrictions on the grant of licence 187
Requirement of a permanent building 187 Seating 188 Ventilation 189 Sanitation 189 Arrangement for drinking water 189 Electric installation 189
Application for licence for exhibition by means of video 189 Other conditions for grant of licence 190 Grant of licences 191 Relaxation in respect of existing permanent building 191 Power to refuse licence 191 Validity of licence 191 Renewal of licence 192 Fee 192
Licence for video library 193
Licensee or his nominee to be present 194 Display of licensee 194 Provision for fire extinguisher etc., 194 Compounding offences 194 Procedure for appeal 194 Inspection 195 Screening or authorised cassettes 195 FORMS 195
Short title, extent and commencement 201 Definitions 201
Video Cinema Licence 202 Application for grant of licence 202 Grant of a licence under the rules 203 Power to refuse a licence 203 Duration of the validity of a licence 203 Renewal of licence 203 Fee 203 Casual licence 203 Revocation/Suspensions/Cancellation of Licence 204 Appeals 204
Specifications for building 204
FORMS 207-10
Short Title 211 Application 211 Definitions 211 Licensing 212
Application 212 Fees 212 Licensing Authority to obtain reports of certain agencies 212 Matters to be kept in view for grant of licence in respect of transport vehicle 213 Grant or refusal of licence 213 Renewal of a licence 214 Grant of a duplicate licence 214
Prohibition on transfer of licence 215 Licensee to exhibit only certified films 215 Conditions regarding seating accommodation 215 Conditions regarding electrical installations 216 Refund 216 Appeal 216 Interpretation 216 FORMS 217-218
Short title, extent and commencement 224 Definitions 224 Licence 225 Licensing authority 225 NOTIFICATION 226 Restrictions on the powers of licensing authority 226 Power of the State Government or District Magistrate to suspend exhibition of films in certain cases 228 Inspection 228 Power to suspend, revoke and cancel a licence 229 Penalty 230 Compounding of Offences 230 Offences by Companies 230 Power to exempt 231 Direction of action taken under the Act 231 Repeal 231 Power to make rules 231 NOTIFICATIONS 233
Title, commencement and extent 234 Definitions 234 NOTIFICATION 235 Application for constructing a building 235 Application for a licence 236 Inspection by Electrical Inspector 236 Inspection by Medical Officer of Health and Regional Fire Officer 236 Conditions for granting and renewing a licence 237 Requirements of permanent buildings 238 Licence for permanent buildings 239 Electrical requirements 240 Ventilation 240 Sanitation 240 Seating accommodation 241 Exits 242 Fire precautions 242 Prohibition of use of building for purposes other than that of a cinema 243 Entry into projection room or winding room 243 Prohibition on naked lights and smoking in projection and winding rooms 244 Projection room 244 Cinematograph machine 245 Winding room 245 Film storage 246 Electrification 246 Operators 248 Period and extent of licences to travelling cinemas 249 Grant of licence for travelling cinemas 249 Enclosure for travelling cinemas or special cinematograph exhibition 250 For precautions for auditorium of travelling cinemas and special cinematograph exhibition 250 Inspection of travelling cinemas by Electric Inspector 250 Refusal of licence to travelling cinemas, if in dangerous proximity to other building 251 Pandal used during special cinematograph exhibition or by travelling cinemas 251 Fencing in vicinity of temporary building 251 Notice for special cinematograph exhibition 251 Exemption of special cinematograph exhibition from the provisions of the rules 251 Inspection of cinemas 251 Removal of defects 252 Fees for cinematograph licence 252 Fee for inspection of places proposed for construction of permanent building 252 Control of sound from cinemas 253 Booking office 253 Revocation or suspension of licence 253 Imposition of Composition charge while granting exemption under Section 10 of the Act 253 Appendix's 254-57
Short title, extent, commencement and withdrawal 258 Definitions 258 Prohibition of smoking in cinema house 259 Penalty for smoking in cinema houses 259 Power to exclude from the operation of the Act 259 Rules 259
Short title, extent and commencement 266 Definitions 266 Ban against printing, publishing or displaying obscene posters 267 Screening Committee 267 Powers of Screening Committee 267 Penalty 268 Offences by Company 268 Cognizance of offences 268 Composition of offences 268 Power to make search and seizure 269 Forfeiture 269 Power of State Government to issue directions 269 Bar against suit or proceedings 269 Power to remove difficulties 269 Power to make rules 270
Short title, extent and commencement 270 Definitions 270 Meeting of Screening Committee 270 Application to the Screening Committee 270 Communication of decision of the Screening Committee 271 Application for composion of offence 271 Additional provisions regarding seizure 271 Forfeiture of poster etc., 271
Short title, extent and commencement 272 Definitions 273
Tax on payment for admission to entertainment 275 Extra [charges for maintenance of cinema and] air-cooled and air-conditioned facility 276 Lump sum tax on interior cinema 277 Tax on Video Cinema 277 Tax on Video show in public service vehicles or hotels 278 Information before holding entertainment 278 Restriction of admission 278 Restriction on entertainment 279 Manner of payment 279 Refund of tax 279 Deposit and forfeiture of security 279 Exemption 280 Assessment of tax 281 Provision against resale of tickets 281 Inspections 281 Suspension or revocation of licence or permission for entertainment 282
Tax on totalizator and payment thereof 283 Licence for bookmaker 283 Betting tax 283 Accounts of bookmakers and procedure for making over betting tax to Government 283 Restrictions on betting 283 Revocation etc., of bookmaker's licence 284 Refund to totalizator and betting tax 284 Inspections 284
Penalty for holding entertainment without information 284 Penalty for admission and entry without tickets 284 Penalty for unauthorised sale and purchase of tickets 285 Penalty for using duplicate tickets 285 Penalty for unauthorised betting 285 Penalty for obstructing inspecting officers 285 Penalty for entertainment when permission is revoked or suspended 285 Penalty for other offences 286 Enhanced penalty after previous conviction 286 Offences by companies 286 Certain offences to be cognizable 286 Bar of jurisdiction of Civil Courts 287 Compounding of offences 287
Recovery of tax 287 Bar on certain proceedings 287 Delegation 287 Repeal and savings 288 Powers to make rules or issue directions 288
Short title and commencement 288 Definitions 288 Manner of collection and levy of tax 289 Form of ticket 289 Issue of tickets 290 Retention of tickets 290 Production of tickets 290 Restriction on use of plural tickets 290 Season ticket 290 Attestation of tickets 291 Form and manner of information before holding an entertainment 291 Admission without payment of tax 291 Return for payment of tax 291 Return of tax in respect of cabaret or floor show 291 Submission of Form 'B' and weekly statement 292 Return in respect of programme or synopsis 292 Payment of tax by stamping the tickets 292 Purchase and issue of stamps 292 Refund of value of unused stamps 293 Renewal of damaged or spoiled stamps 293 Application under Rule 19 or 20 293 Account of stamps purchased and issued 293 Verification of balance of stamps in hand 294 Payment of tax in cash 294 Compounded payment of Tax 295 Collection of Tax 295 Payment of Tax 295 Collection of lump sum tax in interior cinemas 296 Preparation and submission of return of tax for interior cinema 296 Payment of lump sum tax for interior cinema 296 Payment of tax for Video cinema or public service vehicle 296 Payment of tax for video facility in hotel rooms 297 Refund of tax deposited in excess 297 Remission of tax when entertainment is not completed 297 Refund where proceeds devoted for philanthropic, religious or charitable purposes 298 Manner of depositing security 298 Amount of security 298 Deduction of tax from security and forfeiture of security 298 Refund of security 299 Classes of audience or spectators exempted 299 Exemption by Government under Section 11(3) of the Act 300 Exemption by District Magistrate under Section 11(4) of the Act 300 Cancellation of exemption under Section 11(6) of the Act 301 Manner of sale or resale of tickets 301 Receipt for records taken into possession 301
Rate of the totalizator tax 301 Tickets to be issued by stewards 302 Collection of tax 302 Return of Account of totalizator tax 302 Submission of accounts of totalizator tax 302 Payment of tax by stewards 303 Licence for bookmaker 303 Rate of betting tax 303 Issue of card for each bet 303 Account of bets 304 Submission of accounts of betting tax 304 Security for due payment of betting tax and surcharge 304 Payment of betting tax by licensed bookmaker 304 Deduction of arrears of tax from security and forfeiture of security 304 Revocation etc., of bookmaker's licence 305 Procedure for remission of tax under Section 22 of the Act 305 Inspection under Section 23 305
Persons authorised to file prosecutions 305 Sanction of prosecution 305 Conduct of prosecution 305 Appearance of the complainant on each date in the court 306 Compounding of offences 306
Notice for recovery of tax 307 Delegation of powers 307 Appeals 307 Manner of service of notice etc., 307 Inspection Book 308 FORMS 308-322 NOTIFICATIONS 323-330
Short title and commencement 331 Definitions 331 Levy of tax on advertisements 332 Liability to pay tax 333 Duty to keep books of accounts etc., 333 Exemptions 333 Refund of tax 333 Best judgment Assessment 333 Inspections 334 Penalties 335 Offences by Companies 335 Sanction of prosecution 336 Compounding of offence 336 Recovery of tax 336 Bar of certain proceedings 336 Delegation 336 Power of Commissioner to issue directions 336 Payments of the amount of tax to local bodies 337 Exemption from tax under other enactments 337 Power to make rules 337
Short title and commencement 338 Definitions 338 Accounting and return for payment of tax 338 Payment of tax 339 Slide relating to exhibition of film in the cinema 339 Exemption from payment of tax 339 Refund of tax 340 Assessment of tax 340 Appeal against assessment 341 Inspections 341 Prosecution 341 Compounding of offences 341 Payment of tax to local bodies 342 Inspection Book 342 FORMS 342-346
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