THE MOTION
PICTURES ORDINANCE, 1979
(Ordinance XLIII of 1979)
C O N T E N T S
Section Heading
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
Chapter II
Establishment of the Board
3. Constitution of Board.
4. Uncertified film not to be exhibited.
5. Certification of films.
6. Principles of guidance in certifying
films.
7. Appeals.
8. Powers to suspend exhibition of films
in certain cases.
9. Revisional
powers of the Government.
10. Information and documents to be given
to distributors and exhibitors with respect to certified films.
11. Powers to direct exhibition of films
for examination.
12. Vacancies, etc., not to invalidate
proceedings.
Chapter III
Regulation of Exhibition
by means of Cinematograph
13. Licensing of places for exhibition of
films.
14. Directions as to screening of
documentaries, etc.
Chapter IV
Miscellaneous
15. Delegation of powers.
16. Certain persons to be public servants.
17. Bar to legal proceedings.
18. Penalties and procedure.
19. Power to make rules.
20. Power to exempt.
21. Repeals and savings.
[1]THE MOTION PICTURES ORDINANCE, 1979
(Ordinance
XLIII of 1979)
[3rd September,
1979]
An Ordinance to provide
for the censorship of films and the
regulation of exhibition of films by means of cinematographs.
Whereas it is expedient to
provide for the censorship of films and the regulation
of exhibition of films by means of cinematographs, and for matters connected
therewith or incidental thereto;
And whereas
the President is satisfied that
circumstances exist which render it necessary to take immediate action;
Now, therefore, in pursuance of the Proclamation of the fifth day of
July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.M.L.A.
Order No. 1 of 1977), and in exercise of all powers enabling him in that
behalf, the President is pleased to make and promulgate the following
Ordinance:-
Chapter I
Preliminary
1. Short title, extent and commencement.– (1) This Ordinance may be called the Motion Pictures
Ordinance, 1979.
(2) It extends to the whole of [2][the
(3) It shall come into force at once.
2. Definitions.– In this Ordinance,
unless there is anything repugnant in the subject or context,–
(a) “Board” means a Board established under
section 3;
(b) “Chairman”, in
relation to a Board, means the Chairman of the Board;
(c) “cinematograph”
includes any apparatus for the reproduction of moving pictures or series of
pictures;
(d) “film” means
cinematographic film or other materials used for projection by cinematograph;
[3][(dd) “Government” means Government of the
[4][(e) “place”
includes a house, building, tent and any means of transport; and]
(f) “prescribed” means prescribed by rules made under this
Ordinance.
Chapter II
Establishment of the Board
[5][3. Constitution of Board.– (1) The Government may, by notification in the official Gazette, constitute a Board to be known as the Punjab Film Censor Board for purposes of examining and certifying the films for public exhibition.
(2) The
Board shall consist of a Chairman, a Vice Chairman and not less than five but
not more than ten members, of whom Secretaries to the Government Culture, Law
and Home Departments or their nominees not below the rank of Additional
Secretaries shall be ex-officio members of the Board.
(3) The Chairman, Vice
Chairman and members of the Board, other than the ex-officio members,
shall hold office during the pleasure of the Government on such terms and
conditions as the Government may determine.]
4. Uncertified film not to be exhibited.– (1) No person shall make or arrange a public or private
exhibition of a film by means of cinematograph unless the film has been duly
certified for public exhibition by the Board, provided that nothing in this
sub-section shall be deemed to apply to the exhibition, in the residential
premises of any person, of a film which only records events in the life of such
person or any member of his family.
(2) Any person desiring to submit any film for
certification for public exhibition shall, in the prescribed manner, make an
application to the Board for a certificate in respect thereof along with its
re-recording, print or such equivalent material as the Board may determine,
including sound tracks of speech, songs, music and effect, and the Board may,
after examining the film, or having it examined, in the prescribed manner:-
(a) sanction the film for
unrestricted public exhibition; or
(b) sanction the film for
such restricted public exhibition as may be prescribed; or
(c) direct the applicant to carry out such
excisions in the film as the Board considers necessary before sanctioning the
film for unrestricted or restricted public exhibitions; or
(d) refuse to sanction the
film for public exhibition.
(3) Where the Board directs that any portion of
the film be excised, the Board shall, subsequent to the rejection of appeal, if
any, or the expiration of thirty days from the order, if there is no appeal,
destroy or cause to be destroyed all prints of sound and picture and original
exposed negatives of the excised portions.
5. Certification of films.–
(l) If, after
examining a film or having it examined, the Board considers that the film is
suitable for unrestricted public exhibition or that, though not suitable for
such exhibition, it is suitable for restricted public exhibition, it shall
grant to the person applying for certification of the film a certificate of the
appropriate category, and shall in all cases cause the film to be marked in the
prescribed manner.
(2) An order refusing to grant a certificate, or
an order suspending a certificate, or an order decertifying a certified film
shall be published in the official Gazette.
(3) Subject to the other provisions of this
Ordinance a certificate granted under this section shall be valid for such area
and period as the Board may, by notification in the official Gazette specify in
this behalf.
6. Principles of guidance in certifying films.–
(1) A film shall not be certified for
public exhibition if, in the opinion of the Board, the film or any part thereof
is prejudicial to the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations
with foreign States, public order, decency or morality or amounts to the
commission of, or incitement to, an offence.
(2) Subject
to the provisions of sub-section (1), for the guidance of the Board in the
exercise of its powers under this Ordinance, the [6][Government] may issue a Censorship
Code and such directions as it may think fit.
7. Appeals.– Any person applying for a certificate in respect of a film
who is aggrieved by any order of the Board,–
(a) refusing to grant a
certificate; or
(b) granting only a
restricted certificate; or
(c) directing the
applicant to carry out any excisions;
may, within thirty days of the date of such order, prefer an
appeal to the [7][Government] and the appeal shall be disposed of in the
prescribed manner and the order of the [8][Government] shall be final:
Provided
that before passing an order under this section an opportunity shall be
provided to the appellant of being heard.
8. Powers to suspend exhibition of films in certain cases.– (1) A Board may, if
it has reason to believe that a film in respect of which a certificate has been
granted by it under section 5 has been or is being exhibited in contravention
of any of the conditions subject to which it has been certified, by order
suspend the exhibition of the film for such period as may be specified in the
order.
(2) The [9][District Coordination Officer], in respect of the whole or
any part of his district, may, if he is of the opinion that any film which is
being publicly exhibited is likely to cause a breach of the peace, by order
suspend the exhibition of the film for such period not exceeding one mouth as
may be specified in the order.
(3) While an order under sub-section (1) or
sub-section (2) is in force in respect of a film, such film shall be deemed to
be an uncertified film in respect of the area specified in the order.
(4) For the purpose of inspecting the exhibition
of films and the proper enforcement of the provisions of this Ordinance
relating to such exhibition, the Board may, by order in writing, authorise such persons as it may deem fit for such area as
may be specified in the order.
(5) Where
a film in respect of which no certificate has been granted under this Ordinance
is exhibited, or a film certified as suitable for restricted public exhibition
is exhibited otherwise than as certified, or a film is exhibited in
contravention of any of the other provisions of this Ordinance, any police
officer not below the rank of Inspector may, upon a report in writing made by
the Board or by a person authorized by it in this behalf, or under the orders
of the [10][District Coordination Officer], enter
any place licensed for the exhibition of films in which there is reason to
believe that the film has been or is being exhibited, search it and seize the
film and projection equipment.
[11][(5-a) Where
the police officer mentioned in sub-section (5) is not available at the spot
and there are sufficient reasons to believe that the film is being exhibited in
contravention of any provision of the Ordinance, an officer authorized by the Board, may take into
possession cinematograph and other exhibiting material and immediately submit a
report to the Board.]
(6) A copy of an order under sub-section (1) or
sub-section (2), together with a statement of the reasons thereof shall
forthwith be forwarded to the [12][Government] and the [13][Government] may either discharge the order or, by
notification in the official Gazette, direct that the film shall be deemed to
be an uncertified film in respect of such area as may be specified in the
notification.
9. Revisional powers of the [14][Government].– (1)
Notwithstanding anything contained in this Ordinance, the [15][Government] may at any stage call for the record of any
proceedings in relation to any film which is pending before or has been decided
by the Board and, after such inquiry into the matter as it considers necessary,
and without notice to the person who has applied for certification of the film
or to whom a certificate in respect of the film has been granted or to the
distributor or exhibitor of such film, make such order in relation thereto as
it thinks fit.
(2) Without prejudice to the powers conferred on
it by sub-section (1), the [16][Government] may, be notification in the official Gazette,
direct that–
(a) a film or class of
films in respect of which a certificate has been granted under this Ordinance
or under the Censorship of Films Act, 1963 (XVIII of 1963), shall be deemed to
be an uncertified film or class of films in the [17][whole or any part of the
Provided that no such order shall be made
by the [18][Government] unless it is satisfied that it is necessary to
do so in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations
with foreign States, public order, decency or morality, or to prevent the
commission of, or incitement to, an offence; or
(b) a film which has been
sanctioned for unrestricted public exhibition under section 5 or to which a “U”
certificate has been granted under the Censorship of Films Act, 1963 (XVIII of
1963), shall be deemed to be a film in respect of which a restricted
certificate has been granted.
10. Information and documents to be given to
distributors and exhibitors with respect to certified films.– Any person who, delivers any certified film to any
distributor or exhibitor shall, in such manner as may be prescribed, notify to
the distributor or exhibitor, as the case may be, the title and length of the
film, the number and nature of the certificate granted in respect thereof and
the conditions, if any, subject to which it has been granted and such other
particulars as may be prescribed.
11. Powers to direct exhibition of films for
examination.– For
the purpose of exercising any of the powers conferred on it by this Ordinance,
the [19][Government] or the Board may require any film to be
exhibited before it or before any person specified by it in this behalf.
12. Vacancies, etc., not to invalidate proceedings.– No act or proceeding of the Board shall be deemed to be
invalid by reason only of the existence of a vacancy in, or defect in the
constitution of, the Board.
Chapter III
Regulation of Exhibition by means of Cinematograph
13. Licensing of places for exhibition of films.– (1) Save as
otherwise provided in this Chapter, no person shall give a public exhibition by
means of cinematograph elsewhere than in a place licensed under this Ordinance
or otherwise than in compliance with any conditions and restrictions imposed by
such license.
(2) The
authority having power to grant a license under this Ordinance, hereinafter
referred to as the licensing authority, shall be the [20][Government]:
Provided
that the [21][Government] may, by notification in the official Gazette,
specify for the whole or any part of the Province such other authority as it
may specify in the notification to be the licensing authority for the purposes
of this Chapter.
(3) The licensing authority shall not grant a
license under this Chapter in respect of any place unless it is satisfied that–
(a) the rules made under
this Chapter have been complied with; and
(b) adequate precautions
have been taken in respect of the place for which the license is to be given to
provide for the safety and health of persons attending exhibition therein.
(4) Subject
to the foregoing provisions of this section, the licensing authority may grant
a license under this Chapter to such applicant as it deems fit and on such
terms and conditions and subject to such restrictions as it may determine, [22][including the maximum charges for the
admission of persons to the exhibition of a film in a place in respect of which
such licence is granted.]
(5) Where the authority specified by the [23][Government] under the proviso to sub-section (2) to be the
licensing authority consists of more persons than one, no decision of the
licensing authority shall be invalid by reason only of the existence of a
vacancy in, or defect in the constitution of, the said authority.
14. Directions as to screening of documentaries,
etc.– The [24][Government] may, from time to time,
issue to any person to whom a license has been granted under this Chapter any
directions for the purpose of regulating the exhibition of any film or class of
films so that scientific films, films intended for educational or cultural
purposes, films dealing with news or current events, documentary films and
indigenous films secure an adequate opportunity of being exhibited, and such
directions shall be deemed to be additional conditions, and restrictions subject
to which the license has been granted.
Chapter IV
Miscellaneous
15. Delegation of powers.–
The [25][Government] may, by notification in
the official Gazette, delegate all or any of the powers exercisable by it under
this Ordinance to such authority or person as may be specified in the
notification.
16. Certain persons to be public servants.– The Chairman, [26][Vice Chairman,] members and employees of a Board and
persons empowered under sub-section (4) of section 8 shall, when acting or
purporting to act in pursuance of any of the provisions of this Ordinance, be
deemed to be public servants within the meaning of section 21 of the Pakistan
Penal Code, 1860 (LXV of 1860).
17. Bar to legal proceedings.–
(1) No suit or other legal proceeding
shall lie against the [27][Government], a Board, or any officer or member thereof, as
the case may be, in respect of anything which is in good faith done or intended
to be done under this Ordinance.
(2) No court shall grant an injunction or make any
interim order in respect of any order passed under section 8 or section 9.
18. Penalties and procedure.–
(1) Whoever–
(a) exhibits or causes or permits to be exhibited
in any place, or abets the exhibition of, any film which has not been certified
by the Board or which, when exhibited, does not display the prescribed mark or
has been altered or tampered with since such mark was affixed thereto; or
(b) without lawful
authority, alters or tampers with, in any way, any film after it has been
certified; or
(c) fails to comply with
the provisions of section 5 or of any order made under this Ordinance;
shall be
punishable with imprisonment for a term which may extend to three years, or
with fine which may extend to one lac rupees, or with both, and, in the case of
a continuing offence, with a further fine which may extend to ten thousand
rupees for each day during which the offence continues.
(2) If
the owner or person incharge of a cinematograph on
any place uses it or allows it to be used in contravention of the provisions of
this Ordinance or the rules made thereunder, or of the conditions and
restrictions upon or subject to which any license has been granted under this
Ordinance, he shall be punishable with imprisonment for a term which may extend
to one year, or with fine which may extend to ten thousand rupees, or with
both, and, in the case of a continuing offence, with a further fine which may
extend to two thousand rupees for each day during which the offence continues.
(3) If any person is convicted of any offence
punishable under sub-section (1) or sub-section (2) committed by him in respect
of any film, the court may further direct that the film and the cinematograph
used for its exhibition may be forfeited to the Board.
[28][(3A) Whoever charges
for the admission of any person to the exhibition of a film in a place licenced under this Ordinance any amount in excess of the
maximum charges fixed under subs-section (4) of section 13, or sells to any
person a ticket for such admission at a cost higher than the maximum charges so
fixed, shall be punished with the punishment provided for in sub-section (2).]
(4) Where the person convicted of an offence under
this section is the holder of a license granted under section 13, the licensing
authority may revoke the license.
(5) Notwithstanding anything contained in the Code
of Criminal Procedure, 1898 (V of 1898), no court shall take cognizance of an
offence punishable under this section except upon a complaint in writing made
by the Board or the licensing authority or persons authorised
by any of them.
19. Power to make rules.–
(1) The [29][Government] may, by notification in
the official Gazette, make rules[30]
for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the
generality of the foregoing powers, such rules may provide for all or any of
the following matters, namely:-
(a) the manner in which the Board may exercise its
powers, including the establishment of centres at
different places and the delegation of any of the powers of the Board to any
member nominated by the [31][Government] in that behalf;
(b) the procedure of the
Board and all matters ancillary thereto, and the fees to be charged by it;
(c) the conditions
subject to which any certificate may be granted under Chapter II and the
circumstances in which such certificate shall be refused;
(d) the manner in which
appeals under section 7 may be preferred, heard, and disposed of;
(e) the terms, conditions
and restrictions, if any, under which licenses may be granted under Chapter II;
and
(f) any other matter
which is to be or may be prescribed.
20. Power to exempt.– The [32][Government] may, by order in writing, exempt, subject to
such conditions and restrictions, as it may impose, any film or class of films
or cinematograph exhibition or class of cinematograph exhibitions from all or
any of the provisions of this Ordinance or the rules made thereunder.
21. Repeals and savings.–
(1) The Cinematograph
Act, 1918 (II of 1918), and the Censorship of Films Act, 1963 (XVIII of 1963),
are hereby repealed.
(2) Notwithstanding the repeal of any Act by
sub-section (1), and without prejudice to the provisions of section 24 of the
General Clauses Act, 1897 (X of 1897), everything done, order passed, action
taken or obligation, liability, penalty or punishment, incurred under any of
the provisions of the said Act, shall, if not inconsistent with the provisions
of this Ordinance, continue in force and be deemed to have been done, passed,
taken or incurred under the provisions of this Ordinance.
[1]In
pursuance of the Proclamation
of the fifth day of July, 1977, read with the Laws (Continuance in Force)
Order, 1977 (C.M.L.A. Order No. 1 of 1977), and in exercise of all powers
enabling him in that behalf, the President promulgated this Ordinance, which was published in the Gazette
of Pakistan, Extraordinary Pt.1, September 3, 1979.
This Ordinance
was originally in the Federal ambit, however, the subject on which this law was
enacted devolved to the provinces by virtue of 18th Amendment in the
Constitution, hence it was adapted, with amendments, for the province of the
Punjab by the Punjab Motion Pictures (Amendment) Act 2012 (X of 2013).
[2]Substituted for the word “
[3]Inserted by the
[4]Substituted ibid.
[5]Ibid.
[6]Substituted for
the words “Federal Government” by the Punjab Motion Pictures (Amendment) Act
2012 (X of 2013).
[7]Substituted for
the words “Federal Government” by the Punjab Motion Pictures (Amendment) Act
2012 (X of 2013).
[8]Ibid.
[9]Ibid., for the
words “Zila Nazim”.
[10]Ibid.
[11]Inserted ibid.
[12]Substituted for
the words “Federal Government” the Punjab Motion Pictures (Amendment) Act 2012
(X of 2013).
[13]Ibid.
[14]Ibid.
[15]Ibid.
[16]Ibid.
[17]Ibid., for the
words “whole or any part of
[18]Ibid., for the words “Federal
Government”
[19]Substituted for
the words “Federal Government” by the Punjab Motion Pictures (Amendment) Act
2012 (X of 2013).
[20]Ibid., for the words “Provincial Government”.
[21]Ibid.
[22]Added by the Motion Pictures (Amendment) Ordinance,
1982 (VII of 1982), s.2.
[23]Substituted for
the words “Provincial Government” by the Punjab Motion Pictures (Amendment) Act
2012 (X of 2013).
[24]Ibid., for the words “Federal Government
or the Provincial Government”.
[25]Ibid., for the words “Federal
Government”.
[26]Inserted ibid.
[27]Substituted for the words and
comma “Federal Government, a Provincial Government” by the Punjab Motion
Pictures (Amendment) Act 2012 (X of 2013).
[28]Inserted by the Motion Pictures (Amendment) Ordinance,
1982 (VII of 1982), s.3.
[29]Substituted for
the words “Federal Government” by the Punjab Motion Pictures (Amendment) Act
2012 (X of 2013).
[30]For rules made by the Federal Government, see S.R.O.
279(I)/80, dated 8-3-80, Gazette of
[31]Substituted for
the words “Federal Government” by the Punjab Motion Pictures (Amendment) Act
2012 (X of 2013).
[32]Ibid.