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((:, promokc on grounds of religion, race, place of birth,

rcsidci~cc,language, caste or community or any other ground what-
soever, disharmony, feelings of enmity or hatred or ill-will between
difiercnt religious, racial, language or regional groups or castes or
communities.
#

Explanation ].-A publicity material shall be deemed to

be obscene if it is lascivious or appeals lo the prl~rientinterest or
if its effect, or (whtre it comprises two or more distinct items) the
effect of any one of its items, is, if taken as a whole, such as to
tend to deprave and corrupt persons who are likely, having regard
to all relevant circumstances, to read or see the matter contained
GI- embodied in it, or if it portrzys, exhibitg or shows a picture,
drawing, painting or figure of a female human being of any age in
sucjl posture which is offensive to senses or which is likely to
suggest any indecent or impure or immoral ideas in the minds of
persons who are iikely to read or see the matter contained or
I
embodied ixl it.

Explanation 11.-A publicity material shall not be deemed

lo be objectionable merely if it-

(I), expresses disapprobation or criticism of any law or

of any policy or administrative action of the Government with a
view ro obtain its alteration or redress by lawcul means; or
(2) criticises any social or religious practices without
malicious intention and with an honest view to promote social or
rciigious reform or social justice ;
(g) ('place open to public view " includes any private. place or
building, monument, statue, post, wall, fence, tree or other thing
o r contrivance visible to a person being in, or passing along, any
public place ;
(h) public place " means any. place (including a road,
street or way, whether a thoroughfare or not and a landing placeY
IJ which the public are granted access or have a right to resort
'* or '

over which [hey have a right to pass ; . . ...-.. -&

.4

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N A w GOWRNMENT
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F .. (i) " publiqity material " means

any material which il
PO!
3'.
. :' 'pr*duced in India or in any country outside India for giving ~ u b l i ax
-':dty or anything other than publicity material relating to a cinemato
a

- -
graph film and i n c l u d e s In!
thi~
(i) hoarding, showcard, insert, press design and enlarge-

::) poster ;
1
(iii) still photo ; .1
k,': (iv) slide ;
b:;
.A 3

pi'
,..' (v) still! for publicatioa in newspapers and periodicals;
,?
$3
rp-
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,-
(. .,.and
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F;:~ %a:,;.* : ,, .,
(vi) such other material as may be prescribe$.
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. ' No . person shall a
3. Exhibition of publicity material.-(1)
. 'i't6 or exhibit on, any place open to public view any publicity ma
j4 dd8.without a Certificate of Censorship.
(2) Every pqblicity material exhibited shall bear in su
s may be prescribed, the number and date of certifica
hip granted in respect of such public.ity material.
, ',
Board of Cemorship.41) For the purpose of granting Certi
. 4,,
2

',;.,
&orship in respect of publiciiy material,- the
'

y notification, constitute a Board to be called th

:tq?, 1.
JVadp 13~ard-of Cenmrship which. shall consist of a Chairnlan a
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.
than five oiher -members appointed by the Government.
P",
&+(-: (2) The Censor Officer appointed under sub-section (1) 4
,
-
' - L , seclion 5 shall be the Member-Secretary to the Board.
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,.,TI- . ' . . .,. ; the
Chairman and the members ,shafl hold office for si '
~L:G~:;;' tk;n as - m&
, -
be prescribed.
*
1
Chairman shall receive such remuneration as may
'

the Government and the members, other than

p 7 r & y ensor ~ ~ c & , % h a receive
i ll such allowances or fees for attendi
&#\+
-*meetiqgs.?pf
.; - ., . the Board as may be.prescribed. .. 4
qq?;<.* .
(5); The meetings of the Board shall be held at &ch place a
,g$(
pi (time and 'in buch manner as may be prescribed.
@t.,+-$f,,
.5 R , ,
f&4~~!~,;?:"(6~
' yc. ,
$lo shall be eliii'ble for appointment as Chaim
.k.-. i o r . , m b ; e r of the Board, unless he has completed the age of thin
@-years. -..- ..\ - .
+ It r .- - ,_ I
'4f-+*. . -
 LatestLaws.com
LatestLaws.com

5. Censor Oficer and other stafl.-(1) or carrying out thc 1,ur-

post: of' this Act, the Government shali appoir~t a ('cl~soraiiccr
;inti may also appoint such numbcr of :\s:istunt ('2nsor Ofliccry,
I11specto1.s and other Offjcers and stafi 2s thc Govcrnmcnt nlay
think fit to assist t h t Censor Officer.
(2) 'l'he Cer~sor Ofifi:er, the Assistant Censor Officers and
!nspect~is may inspect any place and may call for any document
relating to any publicity matcriel from any person responsible, for
thc cxhibitioi~of such publicity matsrial.

(3) 1-he Censor Officer, Assistant Censor Officers and Mpec-

tors shall exercise such powers and perform such other functions as
may be prescribed.
6. A p ylication for Cerlifcafe of %ensorship.- ( 1) If any person
wants to exhiblit in any place open to publjc view any publicity
material, he shall make an application to the Board in such form as
may be prescribed, for a Certificate of Censorship and shall submit
such inaterial along with the application in such manner as may be
p r c s c ~il-~ed.
(2) Every application under sub-section (1) shall be accom-
panied by such fee as may be prescribed.
7 . Grant of Certificate of Cen.,orsltip.--.( 1) The Censor Officer
shall examine the publicity material submitted under section 6 and
place thc publicity material together with his recommendations if
any, before the Board for its consideration.
( 2 ) The Board shall, within a period of two weeks, after exa-
mining the publicity material and the reconimendations of the
publicity materials Censor ofher in the presorihecl manner,-
. (i) grant a certificate of publicity materials censorship in ,

suc1.1 form and in such manner as may b2 prescribed ; or

(ii) direct the applicant to carry out such alterations or '

mod ifications in the publicity materials as it thinks necessary before

silnctiolling thc pc~blicity materials for public exhibition : or
(iii)J rclusc: to grant a certificate of publicity materials. cen-
sorship, for public exhibition.

(3) No action under clause (ii) and clause (iii) of sub-section

(2, .;hall be takcn by thc Bonrd cxccp: aflcr giving an opportunity
to ihc applicant, f ~ ; rsprcscnt.ing
r his views in thc matter.
 LatestLaws.com
LatestLaws.com

.,, .
, - .
' &(*!-;75 *

c(49 Certificate .of Censorship shall be signed - by the

drn-,Q@her-or, in h;s absence, by such Assistant Censor Officer.
m p y ' b e ,empowered in this behalf by the Board and the publicity
qft&bd.'shall.-then ba returned to the person who submitted it.
Fy -2:; * . f
8.'Appeal.-(l) Any person aggrieved by any decision of the i
,i&;(.;-,
" e y , within thirty days from the date of receipt such
kkibn, make an appeal to such authority as the Government may
&bribe- and such authoritv mav. after such inauirv as --it considers
- -. ---
A- d - -

.ry and after <he a d l a n t an opportunity for

in the matter, mike such ord6; in relation theieto as '
1 I . . - ,

order of the a~thorityreferred to in sub-section (1)

0 ,

I i I

--(l)r Whoever affixes to, or exhibits on, any place

view any objectionable publicit ) material shall be
mprisonment of either description for a term which
three years or with fine which mily extend to three
!&?$ .\,thous+nd
I,* ,
rupees, or with both.
i .
~,+..Zij<. .
.(2) Whoever affixes to or exhibits on, any place open to public
a

$al .- view any publicity material in respect of which 'a Certificate of

" r

Censorship has not been granted by tile &aid u~rdersection 7, or

??
bc:l.
-,~@&h dw not <bearin the manner prescribed the number and date
: .,;;of-.the..Certificate of Censorship, shall be punished with imprison- -:

pr...
t:-i;&% :
' . . 10. .Punishmew of abeffor.-Whoever
'causes, procures, cbunsels, aids,. abets or is accessory to, the corn-
:-'.
in any manner whatsoever,
:'< :mission of any offence under sub-section (1) or sub-section (2) of
e$~&$ion 9 shall be punkhed with the punishment provided for the 4
E , r offence. 1 :i

L:
..;vi: ,;.:;11, ~alidarion:--~o 4
7 *

.
&&I*.- act or procebding of the Board shall be
*L!-r Jdwmed, to be invalid by reason only of vacancy in, or any defect
&fci'q:'in3tht
constitution of, the Board. -
- . --
-- - _ _ _ a I
-$LC - - 5 ~ .
- - '1 \
 LatestLaws.com
LatestLaws.com

--.
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-
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T'A M II . NA DU GOVERNMENT GAZETrE EXTRAORDINARY 195

-- - ----
12. Power to compound oflence.- ( 1 ) Subject to such conditions
2s may be prescribed, the prescribed authority by a general or
special order in this behalf may, either before or after the institu-
tion of proceedings under this Act, accept from the person who has
committed or is reasonably suspected of having committed an offence
undcr this Act, by mray of composition of such offence, a sum of
money not exceeding two thousand rupees.
(2) On payment of such sum of money, such person shall be
discharged and no further proceedings shall be taken against him
in respect of such offence.
13. Power to seize.--It shall be lawful for any police officer not
below the rank of an officer-in-charge of a police station to seize---
(nj any objectianable publicity materials ; or
(b) any publicity material- >
(i) in respect of which no Certificate of Censorship has been
~btaincdundcr this Act, or
(ii) which does not bear the number and date of the Certifi-
cate of Censorship.
aiid such police officer shall forthwith report the seizure to the
:;f~pistra~e having jurisdiction and where the publicity material
'

seized is such that it cannot be conveniently transported to the

court, he may give custody thereof to any person on his executing
r bond undertaking t80 produce the publicity material beforc the
court as and when required and to give effect to the further orders of
the co~irtas to the disposal of the same.

14. Chairman and members to be public servants.-The Chair- '

man and the members shall, when acting or purporting to act in
pursuaqce of the provisions of this Act or tha rules made thereunder,
be deemed to be public servants within the meaning of section 21 of ,
t!~e Ti~dianPenal Code (Central Act XLV of 1S60).

15. Bar to legal proceeding.-No suit or other legal proceeding I

shall lie against the Chairman, members an'd the officers and staff
appointed under this Act in respect of anything which is in good
faith done or intended to be done under this Act or any rules made 1
thereunder.
I
; Where an offence under this Art
16. O f e n c e ~by companies.-(1) I
bas been committed by a company, every person who, at the time the
cBcnce was committal,
- - - wai- responsible to, the
was in charge of and .-.
II I
 LatestLaws.com
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': ' :96 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 1

sr . - --.- - ----.-- - -- ----

+&

.?J; ' I

,
i
re". ,,
company for the conduct of the business of the company as well as
2,. 'J . the company, shall be deemed to be guilty of the offence and shall
be ljablc to be proceeded against and punished accordingly : - .

. Provided that nothins contained in this sub-section shall render

I any such person liable to any punishmerit, if he proves that the off-
, ence was committed without his knowledge orethat he had exercised
A: all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1)

'
where any offence under this Act has been committed by a company
, and it is proved that the offence has been committed with the con-
sent or connivarlce of or is attributable to, any neglect on the part
of any director, manager, secretary or other officer of the company,
such director, manager, secretary or dher officer shall be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punisl~eda ~ ~ ~ r d i n g l y .
I Exp1nnation.-For the purposes of this section.--
I

(a) " company '' nleans 'any body corpo and incl
other association of individuals ; and
(b)l " director " in relation to a firm, means a partner in the
firm. '
17. Power ,to make rules.-(1) The Government may make rules
lar
*. !
-- . for
'
. carrying .out all or*y of the purposes of this A C ~ . . '1
.. (7)
In particular and without prejudice to the generality of
@
'r
liu;"'l'
%

!, *
; the foregoing power, such rules may provide for-.-
..' .,
1
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,
pz r - (aj a l l matters expressly required or allc~wedbv this Act to
" .
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5- w: 7.
I
b. the term cf office ol the Chairman and the members :
*
1
,,(c) the remuneration payable to the Chai
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'
(d) the allowances or fees payable to the members ;
$
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(e) the place and tirne at which and

,
manner
stmeetingsof the Board shall be -held ;
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"
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$>&!C.tF:.:U
&#'9 aE. -0: the' powers and functions of the Censor Officer, Assis
- ' '

p --
Censor Officers and Inspectors ;
+.
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. (g) the form of application f i r a Certilficate of censors hi^ ;

-----..-
%

",. (h) &e manner-

,

- . - ..
-
.
'
of ..submitting- publicit
-_-a-

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\
 LatestLaws.com
LatestLaws.com

--.-.
-.--
- -. ------ - -.--- - - -
~
--- --- -. .
(i) the lei: to be paid fur C'crtilicatc ol' (:cnsor-ship ;
( j ) 111c f'ern~and tile rnanner in which tha Certificate of
C'ensorship slliill Isc granted ;
I
( k ) t h ~aiithor:+t> to whom appcal shall be preferred under
sub-!,;.ctio~i ( 1 ) or section 8 ; and

1
I
1 ( 1 ) the authority to compollnd tlic offe;~czuncles section 12.
(3) In making ally rirle under this Act, the Government may
providc that a breach thereof shall be punishable with a fine which
illlly cxlctlci 1 0 i i t C !i?!,icii'cd llli?CeS.

4 ( 1 ) :I!!-'; L-~I;I(!c&,nc!ci-this A L ~shall be published in

t l t: ,::lrif i"vf:i/; <;o: L') a ~ l dt~nlessthcy are expressed
i ! i l ; ~I I ~C;(l;cJ;id,
::I c.i,ttl,! ! ! ~ l tI )O L . L\ on ., s-
,,.,,,,.irclay, shall come into force on [he
ciav (-11 w h i ~ hthey arc SC) pirl)iished. %

'L
I i , , i
i/il:y a1.c esprcs.ccl
;,.l,,ixt: (:,I iilt; L;;s;..
' I issued unclcr this ,Act
t,.~ co:r-,u [ n i t ) I'nrce on a particu.la;
'
; . ) t ~ x,>,,;,!t.:~
I
:itsy are p~~blishcd.
shall unless
day, come into

( 5) ?..!,I :s%: r L issuecl under this Act

nlwc!e cr llotjficatirlil
s l s .oat! a\ ~?o\sib:oalter it is matic or issued, be placed on the
t i ! I ll:c i.ci:i?.l,;ii,, c As:.cnibly anti if'. before tlic expiry of the
session in which it is so placcd or -the ncst session, the Assen~bly
r~iak;.; :ln y l l l o ( - ; i k i ~ i i i iin ~ S U C ~rule or notification or the Assem-
~ ' ~211y
[ ~ (i,;ciLlcs
.j liint tiye ruie or cot;iication shoult! not be made or issued,
1 I.LI!C o r nt:tificafio~l shall thcrcnltcr llsve cffcct only in such modi-
rktl Snrn! o r 1.c of no l : ~ I ~ as ~ t ,the case may be, so, however, that
ally such modiiicat ion or annulment shall be w!thoot prejudice to
1 I , , i t 0 , pi.;viously tlonc under that rule or notiti-

i8 , - - -
pl-o\~isiolls,;f this A c t zhall be in addition to,
: ~ n t i nc:t ill del*i)?:~tiorlof any othcl- jaw lor the time being in folce,
. hc;-tin shall cxcmpt a n y person from any
1 1 ~ 1 h j n p~.p;iti+it?:~i!
~ ~ way of investigation or othr:rwise which might, apart
~ , r o c e c d i2r l by
l l - o m tl1.s Aci, Lr ;i~siit~itcd against him.
I
<
S . VADIVELU,
arid Sccrefar.~to Government,
Com,risL~io~7e~.
Law Dcpuririlc)r?!.
\V'-2 E X ,(+61)--2
(A Gso!I~?'~
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