Cinematograph Act, 1952

22. Examining committee

(1) On receipt of an application under rule 21, the Regional Officer shall appoint an Examining Committee to examine the film. The examination shall be made at the cost of the applicant on such date, at such place and at such time as the Regional Officer may determine.

(2) The Examining Committee shall consist of,-

(a) in the case of a short film, a member of the advisory panel and an examining officer ¹¹[either of whom shall be a woman]; and

(b) in the case of a long film, four members of the advisory panel and an examining officer ¹¹[of whom two persons shall be women:]

PROVIDED that if the examining officer is unavoidably absent at the examination of a film, the Examining Committee shall consist of two members of the advisory panel in a case falling under clause (a) and five members of the advisory panel in a case falling under clause (b):

¹¹ [PROVIDED FURTHER that in the Examining Committee, in a case falling under clause (a) one member shall be a woman and in a case falling under clause (b) two members shall be women.]

(3) The film to be examined by the Examining Committee shall be in its final form with the background music and all sound effects duly recorded on the film itself.

(4) All previews of films for the purposes of examination for certification and the reports and records relating thereto shall be treated as confidential.

(5) The names of the members of the Examining Committee examining the film shall not be disclosed to any official or non-official not concerned with the preview of the particular film or to any other person including the applicant or his representative.

¹² [(5A) Nothing in sub-rules (4) and (5) shall affect the disclosure of names of persons in the certificate granted by the Board.]

(6) The applicant or his representative shall not be allowed to be present inside the preview theatre.

(7) Notwithstanding anything contained in sub-rules (4), (5) and (6) the Chairman may by special or general order permit any member of the staff to be present at the preview to render such assistance as may be required.

(8) The Examining Committee shall examine the film having regard to the principles for guidance in certifying films specified in section 5B(1) and the guidelines issued by government under section 5B(2).

(9) Immediately after the examination of the film each member of the Examining Committee attending the examination shall, before leaving the preview theatre record his opinion in writing in Form VIII set out in Schedule II spelling out in clear terms the reasons therefor and state whether he or she considers,-

(a) that the film is suitable for unrestricted public exhibition, i.e., fit for 'U' certificate; or

(b) that the film is suitable for unrestricted public exhibition but with an endorsement of caution that the question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, i.e., fit for 'UA' certificate; or

(c) that the film is suitable for public exhibition restricted to adults, i.e., fit for 'A' certificate; or

(d) that the film is suitable for public exhibition restricted to members of any profession or any class of persons having regard to the nature, content and theme of the film, i.e., fit for 'S' certificate; or

(e) that the film is suitable for 'U' or 'UA' or 'A' or 'S 'certificate, as the case may be, if a specified portion or portions be excised or modified there from; or

(f) that the film is not suitable for unrestricted or restricted public exhibitions, i.e., that the film be refused a certificate, and if the Chairman is away from the regional centre where the film is examined, the form aforesaid shall be prepared in duplicate.

(10) The examining officer shall distribute copies of the synopsis with credit titles and songs among the members of the committee and furnish them the form and such other documents as may be specified by the Board for making their recommendation.

(11) After the screening of the film, the examining officer shall see that-

(a) the recommendation of every member of the committee is recorded in unambiguous terms and each excision or modification is properly specified in clear terms with reason or reasons therefor ;

(b) the same is duly signed by the members of the Committee; and

(c) where the report of any member of the Committee is incomplete, that fact is brought to the notice of the member concerned before he leaves the preview theatre.

(12) The examining officer shall within three working days send the recommendations of all the members of the Examining Committee to the Chairman and where the Chairman is away from the centre where the film is examined, by registered post.

(13) It shall be the personal responsibility of the examining officer to examine whether each and every guideline issued by government has been followed and to bring any lapse or deviation to the notice of the Chairman.

(14) The quorum for the Examining Committee for a long film shall be four ¹¹[of whom at least two persons shall be women.]

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