 bill no 13  of  2013 the indecent or surrogate advertisements and remix songs (prohibition) bill, 2013 by dr mahendrasinh p chauhan, mp a billto prohibit publication or telecast of indecent or surrogate advertisements and remix songs which contain vulgarity and nudity that adversely affect the minds of the children and younger generation with a view to protect the culture and values of the society and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title and extentsongs (prohibition) act, 2013(2) it extends to the whole of indiadefinitions2 (1) in this act, unless the context otherwise requires,—5(a) "advertisement" includes any pamphlet, writing, drawing, painting, photograph, bill, circular, notice, label, poster hoarding, banner or other document and also includes any visible representation made through radio, television, cassettes, slides by means of any light sound, smoke or gas and publication in print media such as newspapers, magazines and books;(b)  "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;10(c) "indecent advertisement" means advertisement depicting in any manner, a horror or vulgar scene or figure form or body of a male or female, whether nude or seminude, or any part thereof, which may have the effect of being indecent or derogatory to or denigrating men or women or any religion or is likely to deprave, corrupt or injure public morality or which may induce a person to commit any crime or which may cause road accident;15(d) "indecent remix song" means a remix song depicting in any manner, vulgar scene or figure form or body of a male or female, whether nude or semi-nude, or any part thereof, which may have the effect of being indecent or derogatory to or denigrating men or women or any religion or is likely to deprave, corrupt or injure public morality or which may induce a person to commit any crime;20(e) "prescribed" means prescribed by rules made under this act; (f) "remix song" means a song that has been edited or altered to sound or appear different from the original version; and(g) "surrogate advertisement" means an advertisement which shows a substitute product in the guise of the real one which otherwise cannot be legally advertised through the print and electronic media2537 of 1952(2) words and expressions used but not defined in the act but defined in the cinematograph act, 1952 and the cable television networks (regulation) act, 1995 shall have the same meanings respectively assigned to them in those acts7 of 19953 (1) no person shall—30(a) publish or telecast or cause to be published or telecast or arrange to take part in the publication, telecast or exhibition of or sticking, writing or painting any indecent advertisement or surrogate advertisement; and prohibition of indecent or surrogate advertisements and indecent remix songs(b) produce or cause to be produced, depict, circulate, distribute, broadcast or telecast any indecent remix song in any manner35(2) any person who contravenes the provisions of sub-section (1) shall be guilty of an offence under this act4 the appropriate government shall designate such agencies as it may consider appropriate for the purposes of implementation of the provisions of this actappropriate government to designate agencies for the purposes of the actpenalty405 any person who contravenes the provisions of section 3 shall be punished with imprisonment for a term which shall not be less than five years but which may extend upto ten years and with fine which shall not be less than three lakh rupees but which may extend upto seven lakh rupees456 where an offence under this act has been committed by a company, firm or other association of individuals, every person who, at the time the offence was committed, was incharge of, and was responsible to the company, firm or association for the conduct of the offences by companies, firms and other associationsbusiness of the company, firm or association, as the case may be, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly2 of 19747  notwithstanding anything contained in the  code of criminal procedure, 1973, anoffence punishable under this act shall be cognizable and non-bailableoffence to be cognizable and nonbailable savings58 the provision of this act shall be in addition to and not in derogation of any otherlaw for the time being in force regulating any of the matters dealt with in this act9 (1) for the removal of doubts, it is hereby declared that the provisions of this actshall not apply to advertisements which are aimed at educating the general public or a particular groupact not to apply to certain advertisements10(2) for the purpose of deciding the aim of advertisements under sub-section (1), thecentral government shall designate such number of officers, not below the rank of joint secretary, as it may deem fitpower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1520(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  reasonsthese days the newspapers and magazines are full of advertisements of various products most of these advertisements carry  the pictures of scantily clad girls and women depicted in a vulgar manner in most cases, the display of nude, topless or semi-nude photographs of women in the advertisements have nothing to do with the product the television channels also telecast advertisements exhibiting semi-nude or nude girls and women the models in such advertisements move and act in a vulgar manner one feels ashamed to watch these advertisements along with family, particularly with childrenas per the government policy, the advertisements of liquor and tobacco products are not allowed in print and electronic media but manufacturers of these harmful products still promote their products through surrogate advertisements particular brands of liquor are advertised in the garb of mineral water or soda, etc these advertisements also carry vulgar movements of female modelsof late, the television channels are showing remix songs the popular songs of old hindi movies are being shown by television channels these remix songs have crossed all limits of vulgarity, nudity and obscenity unfortunately, there is no check on the albums and cassettes of such remix songsthe exposure of the society to the obscenity, nudity and vulgarity is crossing limits of decency and damaging our culture besides, indecent  advertisements and remix songs also affect the minds of teenagers adversely their poisonous effect is visible in the society in the form of increasing cases of rape, eve teasing, murder and other crimes against women the time has come to put a complete ban on such advertisements and remix songs in the larger interest of the society and to protect the culture and values of decency of this great countryhence this billnew delhi;mahendrasinh p chauhannovember 7, 2012 memorandum  regarding  delegated  legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail onlythe delegation of legislative power is, therefore, of a normal character————— a billto prohibit publication or telecast of indecent or surrogate advertisements and remixsongs which contain vulgarity and nudity that adversely affect the minds ofthe children and younger generation with a view to protect the cultureand values of the society and for matters connected therewithor incidental thereto—————(dr mahendrasinh p chauhan, mp)