 bill no 32 of 2013 the cinematograph (amendment) bill, 2013 byshri jp agarwal, mp a billfurther to amend the cinematograph act, 1952be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title1 this act may be called the cinematograph (amendment) act, 2013amendment of section 237 of 19522 in section 2 of the cinematograph act, 1952 (hereinafter referred to as the principal act), for clause (dd), the following clause shall be substituted, namely:—amendment of section 5b3 in section 5b of the principal act, sub-section (2) shall be re-numbered as subsection (3) and before sub-section (3) as so re-numbered, the following sub-section shall be inserted, namely:—"(2) a film shall not be certified for public exhibition if it depicts scenes involving—5(i) sex, romance or illicit relationship; (ii) smoking or drinking; (iii) violence including incitement of violence; (iv) instigation of communal sentiments; (v) casteist expressions; or10(vi) damage to the unity and integrity of the country"4 after part ii of the principal act, the following part shall be inserted, namely:—insertion of new part iia "part iia certification of programmes telecast on television159a (1) for the purpose of sanctioning programmes telecast on television for public exhibition, the central government shall, by notification in the official gazette, establish a board of television programmes certification with head office at new delhiestablishment of board of television programmes certification(2) the board of television programmes certification shall consist of a chairperson and six other members, who shall be appointed by the central government20(3) the chairperson of the board of television programmes certification shall receive such salary and allowances as may be determined by the central government, and other members shall receive such allowances or fees for attending the meetings of the board of television programmes certification as may be prescribed(4) the other terms and conditions of service of the members of the board of television programmes certification shall be such as may be prescribed259b (1) the board of television programmes certification shall have regional offices in every state and union territoryregional offices of board of television programmes certification(2) every regional office of the board of television programmes certification shall have a director and four other members, who shall be appointed by the central government in consultation with the board of television programmes certification30(3) the terms and conditions of service of directors and other members in regional offices of the board of television programmes certification shall be such as may be prescribed9c all provisions relating to certification of films in this act shall apply mutatis mutandis to programmes telecast on televisionprovision of the act to apply mutatis mutandis to television programmes power to make rules359d (1) the central government may, by notification in the official gazette, make rules for the purpose of carrying into effect the provisions of this part40(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" statement of objects and reasonsthere has been a sharp increase in the number of programmes being telecast on television the number of television channels both the government and private channels has also increased considerably however, there is virtually no scrutiny by any government agency with regard to the nature, content and theme of the programme there are many programmes being telecast on the television which are of inferior quality and do not conform to the prescribed standards even a cursory scrutiny is not done before a programme is allowed to be telecast this adversely impacts the mind and psyche of our youth and growing children in order to provide appropriate motivation to sponsors of various television programmes, it is felt that there should be a board to scrutinize television programmes effectively and issue guidelines for producing healthy and meaningful programmes providing entertainment and knowledge in conformity with our culture and tradition accordingly, it is proposed that a separate board may be established to scrutinize the programmes to be telecast on televisionbesides, viewing of scenes, which promote sex, romance, violence, consuption of alcohol or smoking, with children is not only a matter of shame but also impacts adversely the highly-sensitive minds of children and youth they are prompted to imitate the things in real life what is seen by them in films and programmes on television this is one of the major reasons for increasing incidents of violence, kidnapping, rape etc across the country during the last few years besides, the films and serials which try to provoke communal and religious sentiments have the potential of causing rift among various classes of citizens of our country and they strike at the very root of national unityit is, therefore, necessary that films and programmes telecast on television are permitted for public viewing only after they have been scrutinized properly and fulfil the criteria laid down in the law for this purposehence this billnew delhi;jp agarwalfebruary 8, 2013 financial memorandumclause 4 of the bill seeks, inter alia, to establish a separate board for sanctioning television programmes there is also provision for setting up of regional offices in every state and union territory the proposal to establish a board and regional offices is likely to involve expenditure from the consolidated fund of india the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees thirty crore will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred and ten crore is also likely to be involved memorandum  regarding  delegated  legislationclause 4 of the bill seeks to insert, inter alia, a new section 9d in the principal act, which empowers the central government to make rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character annexure extract from the cinematograph act, 1952(act no 37 of 1952)|              |     |     |     |     |    ||--------------|------|------|------|------|-----|| definitions |      |      |      |      |     || 2           |     |     |     |     |    || (a)          |     |     |     |     |    || (b)          |     |     |     |     |    || (c)          |     |     |     |     |    || (d)          |     |     |     |     |    |(dd) "film" means a cinematograph film|     |     |     |     |     |    ||-----|------|------|------|------|-----|principles for guidance in certifying films5-b (1) a film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of india the security of the state, friendly relations with foreign states, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence(2) subject to the provisions contained in sub-section (1), the central government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this act in sanctioning films for public exhibition|     |     |     |     |    ||------|------|------|------|-----|—————— a billfurther to amend the cinematograph act, 1952————(shri jp agarwal, mp)gmgipmrnd—5090ls(s-4)—27-02-2013