The Tamil Nadu (Compulsory Censorship of Film Publicity Materials) Act, 1987, Act 35 of 1987

 

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The Tamil Nadu (Compulsory Censorship of Film Publicity Materials) Act, 
1987 

 
Act 35 of 1987 

 
 
 
 
 
 
 
 

Keyword(s): 
Cinema House, Publicity Material, Censorship 
 



' l 'hc I ~ ~ l l o h  iirg Act oi' I t ~ c  Talnii Nadu Legislaiivi: Assembly 
i.~i.t\i\l~\:l tlie i l s s ~ ~ l t  of t l ~ c  Governor on the 27th July 1987 and 
ir i l ~ ~ . c ' l ) y  p ~ i b l 1 ~ 1 1 ~ ~ 1  1'0s general 1111 ormatk~n :- 

ACT No. 35 OF 1987. 

;4rz ,.let to provide for cot?zyul.sory censorslziy oj publicity ~?zaterials 
reluting lo fil1;i.s.. 

BE it er:acted by the Legislative Assembly of the State ofi Taniil Nadu 
i,, tllc l'llirty-eighth Year of the Repitblic of India as follows :- 

1 .  Sl~ofij title, extertt und cotnrnencc/~wu.--(l) This Act rnay be 
culled thc Tamil Natlii (Compulsory Censorsllip of Film Publicity 
Materials) Act, 198?. 

(2) I t  extends to the whole of the State of Tamil Nadu. 

(3)  It shall come into force in sudi  areas and on such dates 
as the Government may, by notification, aphoint ; and different dates 
may be appointed for different areas. 

2. Defiizi~iorz.r.--111 this Act, unless the centext otherwise 
I ' d ~ ~ i l l J ' t ~ S ,  -- 

( a )  '' Board" means the Tamil Nadu Board of Publicity 
,\.la!cr.'al\ (7cr!+ c j i . o l ~ i l ~  cc)n:,~ifi~tcd urlcfci sc:ticsn 3 ; 

( I )  " ci~lc~i la  house " nleans d placc licensed u r ~ t ! ~  I* t i  -1 :1111il 
Natlu ( ' i n r i ~ ~ a s  (Regulation) Act, 1955 (Tamil Nadu c 1 of 
1 ,  -,--; ) , ( \ I -  gil, ill;: i-il~cit:,!:,);;~.i~l>i~ cxhibitic~il ; 

( c )  '' C;~vcrr l i~~ent  " means the State Govcl*nrr.~c.nt , 

( t i )  "publicity maicrial" means ally ~narL;ial for giving 
p!:blicity of a cinematograph filln which is j~rodncecl in lndia or any 
c t  ~iiritry outside lndia and inclades-- 

( i )  hoarding, shox card. insert , rmss design :n:lnd crilarge- 
nlcrlt : 

( j i )  poster ; 
(iii) still photo ; 
(iv) cinematogral~h slide ; and 
(v )  such other material as may be prcszribect. 

3 Dourcl of Publirity Matcriills Censw.rltip.--(l) For the purposl; 
nf g r a n l i n ~  certificale of Publicity Materials Censorship in respect of 
publicity material, the Government may, by notification, constitute 

I 
a Board to be called the Tamil Nadu Roard of Publicity Materials 

i Ccnsorsl~ip which shall consist of a Chairman and not more than 
five other mznlbers appointed by the Government. 



. (2) The PhbYicity Materials Censor Officer appointed under 
sub-section (I) of. section 4 shall be the Member-Secretary to the 
Board. 

(3) The members of the Board shall consist of officials and 
soh-o fficiab., 

(4) The Chairman ard the members of the Board shall hold 
office for such term as may be prescribed. 

(5) The Chairman o1f the Board shall receive such remuneration 
as may be determined by ;he Government and the members of the 
Board, other than the IPublicity Materials Censor Officer, shall receive 
such allowances or fees for attending meetings of the Board as may 
be prescribed. 

I (6) The meetings of the Board shall be held at such place 
and time and in such manner as may be prsscribed. 

4. Publicity Materials Cerzsor Oficer and other sta8.-(1) Ebr 
carrying out the purposes of 'his Act, the Government shall appoint 
-a Publicity Materials Censor Officer and may also appoint such 
number of Assistant Publicity Materials Censor Officers and 
Inspectors as the Government may think fit t. assist the Publicity 
Materials Censor Officer. 

(2) The Publicity Materials Censor OAicer and the Assistant 
Publicity Materids Ccnso . Officers and inspectors, may inspect any 
cinema house and may ca f for any document relatng to any publicity 
material from any pergon, for inspection. 

(3) The Publicity Materials Cellsox Officer, Assistant 'Publicity 
Materials Censor Officers and Inspectors shaH perform such other 
fupctions as may be prescribed. 

5. Prohibition of display of publicity mntqrio1s.-(1) No person 
shall display or cause to be displayed in t b  lobby of a cinema house 
or outside the cinema house or in any place open to public view, 
whether such place ii public or private, any publicity material without 
obtaining a certificate of publicity materials censorship in respect oZ 
such publicity materid. 4 

(2) If any person desires to display ia the lobby c.P a cinema 
house dr outside the cinema hoiise or in any place open to public 
view; whether such place is public or private, m y  publicity material, 
he .- makc an application to the Board in such form as  may be 

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'TAMIL NADU GOVERNMENT GAZ~T'I'E EXTRAORD~NARY 201 . U A - .. - ..uVM)rr.' *C.- -M*-- *(-. I . . . I - - - . - - - - - , -  I _ _  .... - - - - -  - - 
.. r prescribed, for a certificate of publicity materials censorship and 
I c sllall submit such material along with the application in *.uch manner 

together with such fee as may be prescribed. 

6.  Gatlr of certificate of P~tblici~v Matt?rioZs Censorship.-41) 
The Publicity Materials Censor officer shall examine the publicity 
material submitted under section 5 and place the publicity material 
together with his recommendations, if any, before the Board for its 
consideration. 

J JI (2) The Board may, after examining the publicity material and 
7 L' 

the reconlmendations 01 the Publicity Materials Censor Officer in the 
prcscrib~d I I I ; ? I I~C~, -  V t' 

( I )  grant a certificate of publicity materials censorship iil 
such i'orm and in such manner as may be prescribed which shall bq 
signcd the Publicity Materials Censor , Ofliccr and return the 
pul~licity material to the applicant ; or 

(ii) direct the applicant to carry out such alterations or 
modifications in the publicity materials as it thinks necessary before 
sanct,iolaing the publicity materials for public exhibit~on : or 

(ii;) refuse to grant a certificate of publicity meterials 
;ct~sorship. for p~tblic zrthib3ion - - 

(3 )  The hoard siid!; p i . , ~  an order under sub-section (2) 
~ ~ i t h i n  such period as m a y  be prcscr;betl 

(4)  No action c ~ n d ~ r  clause (ii) and clause (iii) of sub-section 
I ' 

'2) shall be take11 by the Hoard exccpt aftcr giving an opportunity 
1 iu thc applicant, lor representing his vic:vs in the matter. 
I 

7.  I'rirtciples of guidunce in certifybtg plrhlicitp materiats.-(l) 
The Board shall, in tlcciding to grant or refuse to  crant under sub- 
section (2) of section 6 n certificate in respect of'filrn publicky 
material cr in issuing ii directiorl under clause (ii) of sub-section (2) 
of section 6 have regard as to whether soch film publicity material 
or part of it- 

(a) is ohscene ; 

( b )  is against the interest of the security of the State or 
friendlv relations with foreign States : 

11 :I (c) is aqainst ,.. public order, decency or morality; 
llic (d) involves defamation or contempt of court; or I 

a!. 
be , 

( e )  is likely to incite commission of any offence. 

Q3 



Expianatior; --A publicity material shall be deemed to be 
&,;me if :+ is lascivious or appeals to the prurient interest 
or if its effect, or (where it comprises two or inore distinct 
items) the effect of anyone of its items, is, if taken as a whole, 
such as to tend to deprave and corrupt persons who arc likely, 
having regard to all the relevant circumstances, to read or see the 
mattex contained or embodied in it, or if it portrays, exhibits or 
shows a picture, drawing, painting or fig.usz 3f a temale human 
being of any age in such posture whmh 1s otFensive to senses or 
which is likely to suggest m y  indecent or impura or immoral ideas 
in the minds of persons who are likely to read or see the matter 
contained or embodied in it. 

\ 9 

(2) Subject to the provisions contained in sub-section ( I ) ,  
Gover~iment may issue such direction as it may think fit setting out 
th'e relevant, principles which shdl guide the authority competent 

?f 
to pant certificates under this Act in sanctioning publicity materials 
fci' public exhibition. 

i 

i'- 8. Appeal.-(1) Any person aggrieved by any decision of the 
. . B a r d  may, within thirty days from the date of receipt of such 

decision, prefer an appeal . o  such authority as the Government may 
i prescribe and such auth0rii.y may, after such inquiry as it considers 

necessary and after giving the appellant an opportunity for /. 
:: representkg his views in !he matter, make such order in rclation 

there-io as it thinks fit. 

".: (2) The decision of the authority referred to in sub-section (1) 
shall be final. w + '  . - 

9. Display of publicity materials.- -(l)  No publicity ~naterial shall 
be, displayed unless it bears in such manner as ]nay bc prescribed, 
the';number and date of the Certificate of Publicity Materials 
Ce~sorship, granted in respect of such publicity ~naterial. 

(2) No person shall display any publicity material in respect 
of !which a certificate of Publicity Matcriais Censorship has net been 
panted under this Act. 

10. Pena,!ty.- ( 1  ) If any person displays any publicity material,- 
- 

( i )  which has not been certified by the E:oard ant1 signed 
by the Publicity Matcriais Censor Officer under section 6 ; or 

(ii) which, having bcen certified by the Board and signed by 
the publicity Materials Censor Officer, dltfer from the certified 
publicity material ; or 

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TAMIL NADU GOVERNMENT GAZE 1- I 5 EX1 K , Z O I <  IIINAK \' .! 
--& .--aicu-u-z..e\~-- a r r r  r-u...r n I&--' *Y. s .. ,,..., , r . . . I I~  C. . . . I C .  ,.-- n.,." --n.. - 

( i i i )  having been ccrt;fic(l \,y t l ~ c  I l !  ;art l ; \rltf  si;l,rlctl by I I)(: 
l'ublicity A,Iatcrial.s ( 'cnsol- Ollicc:~., I I I I 1 1 1  i I I I ~ ~ I I I I I C I -  

!:rcr,crib?tl t i c  nunlbet  and tla!c: of' the c;;rlilic;ric 0 1  rcg~stratio~l; 

he >hall be p~.ini\hab!: .,.t~th ~ I I I I ~ I I I  u.i~'!.!i i c . , : I L ~ I ( ~  10 : hrcc 
\:dl.s 01- i~;i:]i j . 9 ~  -d,hic? 111:~) ~ ; ; ? : l < ~ i ~ !   in!-^:^.^ L / ! < - L I : . L ! ; , / ~  l.lip~c:, Or 
ivirh both anci irl thc caw of :i c o n t i ~ ~ u i n g  oftcnct with a l urttler fine 
v,lr ch m;ty c:;tcnti 10 onc hunili.ctl rti1iii.s lor each :!a\, during which 
t l l c  ~ i r : ~ ~ l ~ ~ ~  ~ 0 1 1 1 !  1111~"s. 

( 2 )  If ally vci.soj~ is ccr~\  icisd of all oilcnc!: punisllable under 
ihis sectio~l [he convic t i~~y Court may Eoiihcr dircct Illat the publicity 
nliiterin] in respect of which the offace linq b ~ c l l  coalmitted be 
fo~l'citcc! f ~ 7  the Government. 

I I .  krc~lido/i:~il.--No act or prcjcccdirlg o I  thc I:u:it-d shall be 
. ; , I , ~ \  10  ~ I C  l~~~,; : l f~!  I L ~ W I I  OIII! oi -,.I(: i f ?  o, ~!ij:, dceicc1 i :~ ,  

% 
it;: sonstiiut~on of the Board. 

11- i'u,\-pr to co~,ipo~rnd oljence.---( 1 1 : ub]l:c: :o sach conditions 
: : & b e .  the i~rcscribcd ! o i  7 .  l i y  a ;:cnurnl or 
. I ~ec in l  cjl*der in [his behalf either befvrc 01. ali:r thc instifl.!tion 
I yrccectliny.j undcr this Act, ;~ccc)? t  I ihc r?cl-s(?n who 
h :p, (:Oml:< ttcd or is rea,;onably silsr;cctcd of i:n.,i r1.r cmnrnit ted an 
, 'lcncc ~ ~ n d e ~  this Act, by way of c ~ m i ? ~ s i t i t ? n  c . '  ::;ch t>n'cnce a 

of ini,nt.y not cxccedinp five thousa~itl ritpccs. 

- I 1 ;  t f incl-,:\l. . . l l i . l -  !eT*so,l shclil be 
( l i > C ! l a ; ~ ~ d  a ~ l c l  further proceolings >hflll br iaI..en against him 
:n I.cLlicc! , > I  .;:Ic?~ oflcncc. 

13,  [ -  t i ,  ,seize.-Tt sh;ill bc a I r ;!nv i J : i ! i cc  Olliccr not 
1 bclot\* Y ; , ~ ~ I ;  I j - 1  : f i c ' ! ?  (0 scizc 

3[11< p \ i i - ! ! i ~ i i \ '  l l l ~ ~ t i . ' l ' i ~ l ~ - -  

. I .  - 
( I '  I . , , , , , , j . h S,  , ; ! ? l \~  i : ' )  ; ,\i.f 1 1 : ~  \ L x * / ~ i X  

lo the h,{no:(;!r:\tc having jurisdic!io!! an[! 1 1  the publicity 
j C,P/ ~ i r l  i j  \~l(.h that it cannot  I:c co r~v i .n ; :~ :~ t iy  trnr:~~x~!-tcd 
I(,  lllc (.':;,i-t, Ilc nlay give costotlv th~i.co!' to 2n.J r?cl-stln on his 
,;. c(sLl!; i l  ,I *I  1 .c~ntl  unclcrtakillg to i,rotluce !hc :': .:-!'citv material 
~:, . f ! j~.c l l i %  <',?llrt 3.: ant1 whcn ~ P ( I I I I I . C ( I  nnc1 ' . r T ~ t  to the 
I ~ ~ ~ I ! ~ ~ - ~ .  Ol:jc':'; [ ~ f  Court as to the t ~ i k 7 : - r q 1  r;l * b;ii?le. 



. ,. 

i .  

14. Members of the Board to be lwblic servants.-The manb 
of the Board shall, when acting or purporting to act in 
of the provisions of this Act, be deemed - - -  to be - public . - .  servant 
the meaning of section 21 of the - 
Act XLV of 1860). I 

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

shall lie against the members of the Board and the persons appointed i 
under this Act in respect of anything w 
or intended to be done under this Act. 

16. Oflencrs b y  compank,s.-(1) Where an oflence under this 
Act has been committed by a companyj every person who, at the 
time the offence was committed, l.vas ;li ck:r;c of, ar,d was respoa- 
sible to, the company for the conduct of the business of the compvny, 
as well as the company, sliall be deemed to be guilty of the ~ffenee 
and 'shall be liable to be proceeded against and punished accordingly : 

Provided that nothing contained in this sub-section shall render 
any such person liable to any punishment, if he proves that the 
offmce was committed withoul his knowledge or that he had exer- 
cised all duq diligznce to prevent the commission of such offence. 

I 

where any offence under this Act, has been committed by a cornparay 
and it is proved that the offence has been committed with the con- 
sent or connivance 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 other officer shall be decrded 
to be guilty of that offence and shall be liable to be proceeded 
against and punished accordingly. 

(a) " company " means aay b d y  corporate and includes 
a firm or other association of individuals ; and 

( b )  " director " in relation to a firm, means a partner in the 
firm. 

17, Power to make rules.--(1) The .Government may make rules a 

-- foi citifying-out dl or any of the purposes of this Art  



I 'I'AMIL h AOU C OVLKi'\ AVLiN.T GUET'IE EXTRAORDINARY 205 
I --Imnf1 llw.w-P-- 

. - 

(2) l n  particular and without prejidice to the generality of 
the forsgoing power, such rules may provide for- 

(6 ; )  all mztters expressly required or allowed by this Act 
to bc prescribed ; 

( b )  the term of olfice of the Chairman and the members 
oE the Boarti ; 

tc) the allowances or fees of ths memLL:,- of the Board ; 

( d l  the place and time at which and the manner in which 
meeting of the Board shall be held ; 

(e) the &her functions of the PuBlicity Materials Censor 
Officer, Assistant Publicity Materials Censor Officers and Inspectors; 

Cf) the form of application for a certificate of Publicity 

hlaterials Censorship ; 

( g )  the manner of submitting publicity materials ; 
I 

(11) the fee to be, paid for certificate of Publidty Materids 
Censorship ; 

(i) the form and the manner in which the ceracate of 
publicity materials censorship shall be ,rapanted ; and 

0') the authority to whom appeal ::hall be preferred under 
sub-section (1) of section 8. 

(3) (a) AU rules made under this Act shall be published in 
the Tamil Namr Government Gazette, and unless they a q  expressed 
to come into force on a particular day, shall come into force on 
the day on which they are so published. 

(b)  All notifications issued under this Act shall, de& tb'ey 
are expressed to come into force on a particular day, come into 
force on the day on which they are published. 




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