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euksjatu dj foHkkx mRrj euksjatu dj foHkkx mRrj izns’kizns’k
THE UTTAR PRADESH CINEMAS THE UTTAR PRADESH CINEMAS (REGULATION)(REGULATION)ACT, 1955ACT, 1955. .
In the Act, unless there is anything repugnant in In the Act, unless there is anything repugnant in the subject or context –the subject or context – ““cinematograph” includes any apparatus [other than cinematograph” includes any apparatus [other than
video] for the representation of moving picture or series of video] for the representation of moving picture or series of pictures;pictures;
[(aa)[(aa) exhibition by means of video means an exhibition by means of video means an exhibition in public on payment for admission of exhibition in public on payment for admission of moving pictures or series of pictures by playing or moving pictures or series of pictures by playing or replaying and [a pre-recorded cassette or any other replaying and [a pre-recorded cassette or any other device, by whatever name called by means of a device, by whatever name called by means of a video cassette player or any other apparatus, by video cassette player or any other apparatus, by whatever name called”.]whatever name called”.]
2-Definitions
Video libraryVideo library
[(g) “Video library” means a place, by [(g) “Video library” means a place, by whatever name called where the whatever name called where the business of selling or letting on hire or business of selling or letting on hire or distribution or exchange or putting into distribution or exchange or putting into circulation in any manner whatsoever, of circulation in any manner whatsoever, of moving pictures or series or pictures moving pictures or series or pictures recorded on a [video cassette or any recorded on a [video cassette or any other device by whatever name called] is other device by whatever name called] is carried on].carried on].
4.Licensing authority 4.Licensing authority ––
The authority having power to grant licence under this Act The authority having power to grant licence under this Act (hereinafter referred to as the licensing authority) shall be the (hereinafter referred to as the licensing authority) shall be the District Magistrate:District Magistrate:
Provided further that where any of such powers are exercisable Provided further that where any of such powers are exercisable concurrently by the District Magistrate and the Entertainment Tax concurrently by the District Magistrate and the Entertainment Tax Commissioner each of them shall keep the other informed of all Commissioner each of them shall keep the other informed of all orders passed by him, and in case of difference of opinion orders passed by him, and in case of difference of opinion between them on any matter a reference shall be make to the between them on any matter a reference shall be make to the State Government whose decision shall be final.]State Government whose decision shall be final.]
Notification No. 2146/x-M.K. 91-xx-R(7)-91, dated 11.10.1991Notification No. 2146/x-M.K. 91-xx-R(7)-91, dated 11.10.1991 – In – In exercise of the powers under the first proviso to Section 4, Uttar exercise of the powers under the first proviso to Section 4, Uttar Pradesh Cinemas (Regulation) Act, 1955 (U.P. Act No. 3 or 1956), Pradesh Cinemas (Regulation) Act, 1955 (U.P. Act No. 3 or 1956), the Governor is pleased to confer upon the Entertainment the Governor is pleased to confer upon the Entertainment commissioner, Uttar Pradesh concurrently with the District commissioner, Uttar Pradesh concurrently with the District Magistrate the powers of the Licensing Authority under Section 8-Magistrate the powers of the Licensing Authority under Section 8-A of the said Act for the whole of the Uttar Pradesh with effect A of the said Act for the whole of the Uttar Pradesh with effect from the date of publication of the notification in the Gazette, from the date of publication of the notification in the Gazette, Published in U.P. Gazette, extra, Part 4 (kha), dated 11.10.1991 Published in U.P. Gazette, extra, Part 4 (kha), dated 11.10.1991
5.Restrictions on the 5.Restrictions on the powers of licensing powers of licensing
authority authority –– (1) The licensing authority shall not grant a licence under this Act, (1) The licensing authority shall not grant a licence under this Act,
unless it is satisfied that unless it is satisfied that the rules made under this Act have been substantially complied with, the rules made under this Act have been substantially complied with,
and and [(aa) the building or other place in which cinematograph exhibition [(aa) the building or other place in which cinematograph exhibition
proposed to be given-proposed to be given- is situated at a distance of not less than 200 maters from the Raj is situated at a distance of not less than 200 maters from the Raj
Bhawan, the state Government Secretarial, the High Court, the Bhawan, the state Government Secretarial, the High Court, the State Public Service Commission or the Board of Revenue;State Public Service Commission or the Board of Revenue;
(ii) is situated at such minimum distance as may be prescribed (ii) is situated at such minimum distance as may be prescribed from other public building and from recognized educational and from other public building and from recognized educational and other public institutions and public hospitals;other public institutions and public hospitals;
(iii) is not situated in a locally which is exclusively residential in (iii) is not situated in a locally which is exclusively residential in character or is reserved exclusively for residential purposes; and ]character or is reserved exclusively for residential purposes; and ]
adequate precautions have been taken in the place, in respect of which adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of persons attending the licence is to be given, to provide for the safety of persons attending exhibitions therein:exhibitions therein:
6. Power of the State Government or District 6. Power of the State Government or District Magistrate to suspend exhibition of films in Magistrate to suspend exhibition of films in
certain cases certain cases –– (1) The State Government, in respect of the whole of the (1) The State Government, in respect of the whole of the
State of Uttar Pradesh or any part thereof, and the State of Uttar Pradesh or any part thereof, and the District Magistrate in respect of the district within his District Magistrate in respect of the district within his jurisdiction, may, if it exhibited is likely to cause a jurisdiction, may, if it exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of breach of the peace, by order, suspend the exhibition of the films and thereupon the films shall not during such the films and thereupon the films shall not during such suspension be exhibited in the State, Part or the district suspension be exhibited in the State, Part or the district concerned, notwithstanding the certificate granted concerned, notwithstanding the certificate granted under the Cinematograph Act, 1952..under the Cinematograph Act, 1952..
(3) An order of suspension make under this section shall (3) An order of suspension make under this section shall remain in force for a period of two months from the date remain in force for a period of two months from the date thereof, but the State Government may, if it is of thereof, but the State Government may, if it is of opinion that the order should continue in force, direct opinion that the order should continue in force, direct that the suspension shall be extended by such further that the suspension shall be extended by such further period as it thinks fit.period as it thinks fit.
7.Power to suspend, revoke 7.Power to suspend, revoke and cancel a licence and cancel a licence ––
(1-A) In particular and without prejudice to the (1-A) In particular and without prejudice to the generality of the power conferred by sub-section (1), a generality of the power conferred by sub-section (1), a licence may be cancelled or revoked under that sub-licence may be cancelled or revoked under that sub-section on any of the following grounds, namely-section on any of the following grounds, namely- that the licence was obtained through fraud or that the licence was obtained through fraud or
misrepresentation; or misrepresentation; or that the licence has been guilty of breach of the provisions that the licence has been guilty of breach of the provisions
of this Act or the rules made thereunder or of any of this Act or the rules made thereunder or of any conditions or restrictions contained in the licence, or of any conditions or restrictions contained in the licence, or of any direction issued under sub-section (4) of Section 5; ordirection issued under sub-section (4) of Section 5; or
that on account of any charge occurring in the situation of that on account of any charge occurring in the situation of the place licensed, the contituance of the licence is the place licensed, the contituance of the licence is considered prejudicial to decency or morality ; orconsidered prejudicial to decency or morality ; or
that the licence has been convicted of any offence under that the licence has been convicted of any offence under Section 8 of this Act or Section 7 of Cinematograph Act, Section 8 of this Act or Section 7 of Cinematograph Act, 1952].1952].
..8.8. Penality –Penality – (1) (1) If the owner of person incharge of a Cinematograph uses or If the owner of person incharge of a Cinematograph uses or
allows it to be used, or if the owner or occupier of a place allows it to be used, or if the owner or occupier of a place permits that place to be used for exhibition by mean of permits that place to be used for exhibition by mean of cinematograph, or if a person gives exhibition by means of video cinematograph, or if a person gives exhibition by means of video or keeps a video library, in contravention of the provisions of or keeps a video library, in contravention of the provisions of this Act or the rules made thereunder or of the conditions and this Act or the rules made thereunder or of the conditions and restrictions upon or subject to which licence has been granted restrictions upon or subject to which licence has been granted under this Act, shall be punishable [with simple imprisonment under this Act, shall be punishable [with simple imprisonment for a term which may extend to six months or with fine which for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both] and in the may extend to five thousand rupees, or with both] and in the case of continuing offence with a further fine which may extend case of continuing offence with a further fine which may extend a five hundred rupees for each day during which the offence a five hundred rupees for each day during which the offence continues.continues.
(2) If any person prevent the entry of any officer duly authorized (2) If any person prevent the entry of any officer duly authorized in this behalf, or otherwise obstructs such officer in the in this behalf, or otherwise obstructs such officer in the discharge of his duties imposed by or under this Act or the rules discharge of his duties imposed by or under this Act or the rules make thereunder, he shall be punishable with a fine which may make thereunder, he shall be punishable with a fine which may extend to two thousand rupeesextend to two thousand rupees.]..].
8-A. Compounding of 8-A. Compounding of offences offences ––
(1) Any offence punishable under this Act may, subject to (1) Any offence punishable under this Act may, subject to any general or special order of the State Government in this any general or special order of the State Government in this behalf, be compounded by the Licensing Authority, either behalf, be compounded by the Licensing Authority, either before or after the institution of the persecution, on before or after the institution of the persecution, on realization such amount of composition fee as he thinks fit, realization such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the not exceeding the maximum amount of fine fixed for the offence.offence.
(2) Where the offence is so compounded –(2) Where the offence is so compounded – (a) before the institution of the prosecution, the (a) before the institution of the prosecution, the
offender shall not be liable to prosecution for such offence offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty;and shall, if in custody, be set at liberty;
(b) after the institution of the prosecution the (b) after the institution of the prosecution the composition shall amount to acquittal of the offender].composition shall amount to acquittal of the offender].
10.Power to exempt. –10.Power to exempt. –
The State Government may, in the interest The State Government may, in the interest of the general public or any section thereof, of the general public or any section thereof, by order in writing and stating the reasons by order in writing and stating the reasons therefore, exempt, subject to such therefore, exempt, subject to such conditions any restrictions as it may conditions any restrictions as it may impose, [any exhibition or class of impose, [any exhibition or class of exhibitions by means of cinematograph or exhibitions by means of cinematograph or video may be made or video libraries] from video may be made or video libraries] from any of the provisions of this Act or any rules any of the provisions of this Act or any rules made thereunder made thereunder
““The Uttar Pradesh The Uttar Pradesh Entertainment and Entertainment and
Betting Tax Act, 1979”Betting Tax Act, 1979” 2. Definitions 2. Definitions – In this Act – – In this Act – a- ‘admission to an entertainment’ a- ‘admission to an entertainment’
includes admission to any place in includes admission to any place in which the entertainment is held;which the entertainment is held;
3. Tax on payment for admission to entertainment – (1) Subject to the provisions of this Act, there shall be levied and paid on all payments for admission to any entertainment, other than an entertainment to which [Section 4 or section 4-A or Section 4-B applies or a compounded payment is made under the provise to this sub-section], an entertainment tax at such rate not exceeding [one hundred and fifty per cent] of each such payment as the State Government may form time to time notify in those behalf, and the tax shall be collected by the proprietor from the person making the payment for admission and paid to the Government in the manner prescribed.
4. Lump sum tax on interior cinema – (1) The proprietor of an interior cinema who provides cinematograph exhibition shall be liable to pay entertainment tax as follows b. where such exhibitions are provided in a local area
with population of ten thousand or below, such amount, not exceeding [one thousand five hundred rupees] per week , as the State Government may, from time to time, notify ;
5. Information before holding entertainment-6. Restriction of admission.-7. Restriction on entertainment
10. Deposit and forfeiture of security –
11. Exemption11. Exemption (3) Without prejudice to the generality of the provisions of (3) Without prejudice to the generality of the provisions of
sub-section (1) where the Stat Government satisfied sub-section (1) where the Stat Government satisfied that any entertainment –that any entertainment –
is wholly of an educational character ; oris wholly of an educational character ; or is provided partly for educational or partly for scientific is provided partly for educational or partly for scientific
purposes by a society not conducted or established for purposes by a society not conducted or established for profit ; orprofit ; or
is provided by a society not conducted for profit and is provided by a society not conducted for profit and established solely for the purpose of promoting public established solely for the purpose of promoting public health or the interests of agriculture, or a manufacturing health or the interests of agriculture, or a manufacturing industry, and consists solely of an exhibition of articles industry, and consists solely of an exhibition of articles which are of material interest in connection with which are of material interest in connection with questions relating to public health or agriculture or are questions relating to public health or agriculture or are the products of the industry for promoting the interest the products of the industry for promoting the interest whereof the society exists, of the materials, machinery, whereof the society exists, of the materials, machinery, appliances or foodstuff used in the production of such appliances or foodstuff used in the production of such productsproducts ; ;
ExemptionExemption
(4) Where the entire gross proceeds of an (4) Where the entire gross proceeds of an entertainment are to be devoted to philanthropic, entertainment are to be devoted to philanthropic, religious or charitable purposes without any religious or charitable purposes without any deductions whatsoever on account of the deductions whatsoever on account of the expenses of the entertainment, the District expenses of the entertainment, the District Magistrate – Magistrate –
may, in the case of the entertainment whose may, in the case of the entertainment whose make gross proceeds do not exceed rupees make gross proceeds do not exceed rupees twenty thousand, subject to the rules made under twenty thousand, subject to the rules made under this Act, grant exemption to such entertainment this Act, grant exemption to such entertainment form payment or tax under this Act on such terms form payment or tax under this Act on such terms and conditions he may deem fit and conditions he may deem fit
15. Suspension or revocation of license or permission for entertainment.
24. Penalty for holding entertainment without information.- Any person holding an entertainment in contravention of Section 5 shall be punishable with a fine not exceeding 1[five thousand rupees], with or without simple imprisonment, which may extend to three months.
25. Penalty for admission and entry without tickets.-
27. Penalty for using duplicate tickets
28. Penalty for unauthorised betting
33. Compounding of offences.-(1) Any offence punishable under this Act may, subject to any general or special order of the State Government in this behalf, be compounded by the Commissioner, either before or after the institution of the prosecution on realizations of such amount of fine fixed for the offence.
"FORM 'A'(Ticket prescribed under Rule 4)
Inner Middle OuterSl. N0........... Sl. No............. Sl. No.
1. Name of entertainment ......................................... 2. Place and district .........................................
3. Class and kind of ticket .......................................... 4. Show/Day and Show ............................................ 5. Admission charge ............................................ 6. Entertainment Tax ............................................ 7. Surcharge ............................................ 8. Maintenance Charge ........................................... 9. Film Development fund ...........................................
10. Total payable ............................................ 11. Date of issue ..........................................
12. Name of printing press .............................................
"FORM 'B'( Prescribed under Rule 13)
Book No....................... Sl. No.......................Return showing the number of each kind of tickets issued for various
classes, gross amount received from the sale of tickets and the amount of entertainment tax and surcharge and extra charges collected.
1. Name and nature of entertainment .................................................2. Place of entertainment and district .................................................3. Date of performance .................................................4. Show ..................................................5. Time of starting of show .................................................6. Name of feature film ..................................................7. Name of distributor ..................................................8. Name/No. of News Reel/Documentary film ..................................................
9. Period of licence/ permission from.......................to.................... ..................................................
THE UTTAR PRADESH THE UTTAR PRADESH ENTERTAINMENTENTERTAINMENT
AND BETTING TAX RULES, AND BETTING TAX RULES, 19811981
4.Form of ticket4.Form of ticket (2) Tickets for different (2) Tickets for different shows to be held on the same day and shows to be held on the same day and tickets for different classes in the same show tickets for different classes in the same show shall be in different colours and each kind of shall be in different colours and each kind of ticket shall bear separate serial numbers ticket shall bear separate serial numbers starting from number 1 and ending at starting from number 1 and ending at 1,00,00o. Each ticket book shall contain 500 1,00,00o. Each ticket book shall contain 500 tickets but the defence personnel, child, tickets but the defence personnel, child, concession and complementary ticket books concession and complementary ticket books may contain only 200 tickets may contain only 200 tickets
5. Issue of tickets5. Issue of tickets
(1) The proprietor of an entertainment (1) The proprietor of an entertainment shall issue the other and middle shall issue the other and middle counterfoils of ticket to the purchaser counterfoils of ticket to the purchaser there of and shall retain inner there of and shall retain inner counterfoil in the ticket book. At the counterfoil in the ticket book. At the time of admission to the class the time of admission to the class the middle counterfoil shall be collected at middle counterfoil shall be collected at the gate and the outer counterfoil shall the gate and the outer counterfoil shall be returned to the person obtaining be returned to the person obtaining admission admission
9. Season ticket9. Season ticket
Where a particular taxable entertainment is Where a particular taxable entertainment is to be completed in more than one show to be to be completed in more than one show to be held on a number of days, the proprietor may held on a number of days, the proprietor may issue one season ticket for all the day in Form issue one season ticket for all the day in Form ‘C’ and the dates for which it is issued shall ‘C’ and the dates for which it is issued shall be clearly noted on such ticket and its middle be clearly noted on such ticket and its middle counterfoil shall have as many parts as the counterfoil shall have as many parts as the number of shows for which the ticket is valid number of shows for which the ticket is valid so that one part may be collected at the date so that one part may be collected at the date on each day on each day
15. Submission of Form ‘B’ 15. Submission of Form ‘B’ and weekly statementand weekly statement
The proprietor shall, within three days from The proprietor shall, within three days from the last day of each week ending with the last day of each week ending with Sunday or any other period which may be Sunday or any other period which may be specified for the purpose by the specified for the purpose by the Commissioner, submit to the District Commissioner, submit to the District Magistrate the original From ‘B’ statements Magistrate the original From ‘B’ statements as also a consolidated statement in such as also a consolidated statement in such form as may be specified by the form as may be specified by the Commissioner showing the total number of Commissioner showing the total number of tickets of each kind issued and the total tickets of each kind issued and the total amount of entertainment tax and surcharge amount of entertainment tax and surcharge collected during the period.collected during the period.
26. Preparation and 26. Preparation and submission of return tax for submission of return tax for
interior cinemainterior cinema (1) The proprietor of an interior (1) The proprietor of an interior
cinema shall, immediately after the cinema shall, immediately after the closing of each week on Sunday, closing of each week on Sunday, prepare and submit to the District prepare and submit to the District Magistrate a statement in Form ‘H’ Magistrate a statement in Form ‘H’
27. Payment of lump 27. Payment of lump sum tax for interior cinemasum tax for interior cinema (1) The proprietor of an interior cinema (1) The proprietor of an interior cinema
making payment of lump sum tax making payment of lump sum tax under Section 4 of the Act, shall under Section 4 of the Act, shall deposit the full amount of weekly tax deposit the full amount of weekly tax levied by the Government in advance levied by the Government in advance on the first day of each week beginning on the first day of each week beginning from Monday and the provisions of from Monday and the provisions of Rules 24 shall not apply to such cases.Rules 24 shall not apply to such cases.
36. Exemption by 36. Exemption by Government under Section Government under Section
11 (3) of the Act11 (3) of the Act Any person seeking exemption from Any person seeking exemption from
payment of the tax under sub-section(3) of payment of the tax under sub-section(3) of Section 11 of the Act, shall apply to the Section 11 of the Act, shall apply to the StateState Government in the Finance Government in the Finance (Entertainment Tax) Department through (Entertainment Tax) Department through the District Magistrate of the district where the District Magistrate of the district where the entertainment is to be held at least the entertainment is to be held at least thirty days before the proposed date of thirty days before the proposed date of entertainment stating clearly the full entertainment stating clearly the full description and nature of entertainment description and nature of entertainment
37. Exemption by District 37. Exemption by District Magistrate under Section Magistrate under Section
11(4) of the Act11(4) of the Act .-.-(1) An application for exemption under sub-(1) An application for exemption under sub-
section (4) of Section 11 of the Act, shall be section (4) of Section 11 of the Act, shall be presented to the District Magistrate presented to the District Magistrate concerned ten clear days before the date of concerned ten clear days before the date of the entertainment but the District Magistrate the entertainment but the District Magistrate may, for well and sufficient reasons, to be may, for well and sufficient reasons, to be recorded in writing, accept such application at recorded in writing, accept such application at a shorter notice but not later than three days a shorter notice but not later than three days before the date of the entertainment and any before the date of the entertainment and any application not so presented shall be rejected. application not so presented shall be rejected.
62. Compounding of 62. Compounding of offencesoffences
.-.-(1) Any person liable for punishment for (1) Any person liable for punishment for contravening the provision of the Act or these contravening the provision of the Act or these rules may, at any time either before or after the rules may, at any time either before or after the institution of the prosecution under chapter IV of institution of the prosecution under chapter IV of the Act, submit an application to the the Act, submit an application to the Commissioner either driect or through the District Commissioner either driect or through the District Magistrate concerned for the compounding of the Magistrate concerned for the compounding of the offence stating clearly the name and place of the offence stating clearly the name and place of the entertainment, name and designation of the entertainment, name and designation of the inspecting officer, date and time of inspection, inspecting officer, date and time of inspection, the irregularity detected and the offence the irregularity detected and the offence committed committed
Compounding of offencesCompounding of offences
(2) On receipt of an application for the (2) On receipt of an application for the compounding of offence the Commissioner compounding of offence the Commissioner may, where necessary, call for the records of may, where necessary, call for the records of the case from the officer who has carried out the case from the officer who has carried out inspection or from the District Magistrate, as inspection or from the District Magistrate, as the case may be, and, if satisfied, he may the case may be, and, if satisfied, he may issue an order compounding the offence issue an order compounding the offence subject to realisation of such composition subject to realisation of such composition fee, as may be specified under Section 33 of fee, as may be specified under Section 33 of the Act the Act
THE UTTAR PRADESH CABLE THE UTTAR PRADESH CABLE TELEVISION NETWORK TELEVISION NETWORK (EXHIBITION) RULES, 1997(EXHIBITION) RULES, 1997
3- Permission to provide Cable Service-(1) No person shall provide Cable service without prior permission of the District Magistrate.(2) Any person who desires to provide Cable Service under the Act, may apply to the District Magistrate for permission to provide such service.(3) Application under sub-rule (2) shall be given in From 1.
Under Section-4Renewal of the permission-
(1) The District Magistrate may, on application being given to him, renew the permission granted under Rule 3 before the expiry of its term for a period of three Financial Year at a time, Such renewal shall be given in Form 2.(2) Application for renewal under sub-rule (1) shal be given in Form 1 at least sixty days before the expiry of the term of the permission.(3) The District Magistrate may, for reasons to be recorded in writing and communicated to the applicant, refuse to renew the permission.
6- Issue of Registration Card
FORM 3(See Rule6)
Registration CardName and address of Cable Television Network..............................................Registration No.......................................Date of issue..................................... 1. Name of Subscriber.................................................... 2. Full address of Subscriber................................House No.......................... Mohalla............................ Post...................................
District............................. 3. Amount of monthly service fee................................................................ 4. Signature of Subscriber........................................................................... 5.Signature of Proprietor/Manager of Cable Television Netweork Service.................................
AttestedDistrict Entertainment Tax Officer
10-Preparation and maintenance of register and statement
FORM 4[See Rule 10 (1)]
Register to be maintained by ProprietorName of Cable Television Network Service Centre..........................................Details of Cable Serice Operated During the month..........................................Month............................ Financial year..................
Seriol no. Subscriber's Registration no.
Name and address of Subscriber
Amount of monthly Subscription for Cable service
Date From which cable service allowed
Other datails
1 2 3 4 5 6Total-
FORM 5[See Rule 10 (2)]
Statement for the month..................................of the financial year....................
1. Name and Address of Cable Television Network.2. Name of month for which tax is to be deopisted.3. Total number of connections given during the month.4. Amount of total subscriber received during the month.5. Total amount of Entertainment Tax payable during the month.Signature of the Proprietor.
12-Amount of security- The District Magistrate shall fix the amount of security to be deposited by the Proprietor of a Cable Television, which shall not be less than rupees two thousand or three months average tax, whichever is greater.
18-Appeal- (1) An appeal under sub-section (2) of Section 12 of Act shall be preferred to the appellate authority along with a certified copy of the order against which the appeal is made and stating clearly the ground or grounds of appeal. A copy of the notice, if any, received, and the reply to notice, if any, given shall also be submitted.
20- Inspection Book- The proprietor of a cable television shall maintain and inspection book and produce the same immediately on demand for recording of remarks by various inspecting officer. The inspection book shall contain one hundred pages serially numbered and shall be brought into use after getting the same authenticated by the District Entertainment Tax Officer
District Monitoring District Monitoring CommitteeCommittee
District Magistrate- ChairmanDistrict Magistrate- Chairman District Superintendent of Police/D.I.G.-MemberDistrict Superintendent of Police/D.I.G.-Member District Information officer-MemberDistrict Information officer-Member Principal of one of the women’s college-MemberPrincipal of one of the women’s college-Member Representative of a leading NGO working for Representative of a leading NGO working for
children welfare-Memberchildren welfare-Member Academicians/Pshychologists/Sociologists one Academicians/Pshychologists/Sociologists one
each to be nominated by the D.M-Membereach to be nominated by the D.M-Member D.C/A.C/D.E.T.O (District level Entertainment tax officers)D.C/A.C/D.E.T.O (District level Entertainment tax officers)
Scope of the CommitteeScope of the Committee
To provide a forum where the public may lodge a To provide a forum where the public may lodge a complaint regarding content aired over cable complaint regarding content aired over cable
television and take action on the sametelevision and take action on the same as per as per procedure prescribed herein.procedure prescribed herein.
To review the action taken by authorized officers for To review the action taken by authorized officers for enforcement of cable television networks enforcement of cable television networks (Regulation) Act, 1995.(Regulation) Act, 1995.
To immediately bring to the notice of state and To immediately bring to the notice of state and Central Government if any programme is affecting Central Government if any programme is affecting public order or wide spread resentment in any public order or wide spread resentment in any community.community.
To Keep a watch on content carried by cable To Keep a watch on content carried by cable television channels at local level and to ensure, television channels at local level and to ensure, through authorized officers, that no unauthorized or through authorized officers, that no unauthorized or pirated channels are carried and local news if aired pirated channels are carried and local news if aired by the cable television operator is restricted to by the cable television operator is restricted to information about local events and is presented in a information about local events and is presented in a manner which is balanced impartial and not likely to manner which is balanced impartial and not likely to offend or incite any community.offend or incite any community.
To monitor the availability of free to air channels and To monitor the availability of free to air channels and channels notified for mandatory carriage on the channels notified for mandatory carriage on the cable network.cable network.
Cable Television Network Cable Television Network Regulation,Act 1995Regulation,Act 1995
Under section 19 the Act authorized Under section 19 the Act authorized officer is also empowered to prohibit officer is also empowered to prohibit transmission of certain programmes in transmission of certain programmes in public interest if any programme or public interest if any programme or channel carried by it, is not in channel carried by it, is not in conformity with the prescribed conformity with the prescribed programme code referred to in Section programme code referred to in Section 5 and advertisement code referred to in 5 and advertisement code referred to in Section 6 of the Act.Section 6 of the Act.
Programme CodeProgramme Code (u/s 6 of cable T.V Rule, 1994)(u/s 6 of cable T.V Rule, 1994)
(a)(a) offends against good taste or decency; offends against good taste or decency; (b)(b) contains criticism of friendly countries; contains criticism of friendly countries; (c)(c) contains attack on religions or communities or contains attack on religions or communities or
visuals or words contemptuous of religious groups or visuals or words contemptuous of religious groups or which promote communal attitudes; which promote communal attitudes;
(d)(d) contains anything obscene, defamatory, deliberate, contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths; false and suggestive innuendos and half truths;
(e)(e) is likely to encourage or incite violence or contains is likely to encourage or incite violence or contains anything against maintenance of law and order or which anything against maintenance of law and order or which promote anti-national attitudes. promote anti-national attitudes.
(f)(f) contains anything amounting to contempt of court. contains anything amounting to contempt of court. (g)(g) contains aspersions against the integrity of the contains aspersions against the integrity of the
President and Judiciary; President and Judiciary; (h)(h) contains anything affecting the integrity of the contains anything affecting the integrity of the
Nation; Nation;
(i)(i) criticises, maligns or slanders any individual in person or criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country; certain groups, segments of social, public and moral life of the country; (j)(j) encourages supersition or blind belief; encourages supersition or blind belief; (k)(k) denigrates women through the depiction in any manner of the denigrates women through the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to women, or is as to have the effect of being indecent, or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals; likely to deprave, corrupt or injure the public morality or morals; (l)(l) denigrates children; denigrates children; (m)(m) contains visuals or words which reflect a slandering, ironical contains visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups; regional groups; (n)(n) contravenes the provisions of the Cinematograph Act, 1952 (37 contravenes the provisions of the Cinematograph Act, 1952 (37 of 1952). of 1952). [(o)[(o) is not suitable for unrestricted public exhibition.]is not suitable for unrestricted public exhibition.]
Inserted by GSR 710(E), dated 8.9.2000, with effect from Inserted by GSR 710(E), dated 8.9.2000, with effect from 8.9.2000.8.9.2000.
Advertising CodeAdvertising Code (u/s 7 of cable T.V Rule, 1994)(u/s 7 of cable T.V Rule, 1994)
(i)(i) derides any race, caste, colour, creed and nationality; derides any race, caste, colour, creed and nationality; (ii)(ii) is against any provision of the Constitution of India: is against any provision of the Constitution of India: (iii)(iii) tends to incite people to crime, cause disorder or violence or breach tends to incite people to crime, cause disorder or violence or breach
of law or glorifies violence or obscenity in any way; of law or glorifies violence or obscenity in any way; (iv)(iv) presents criminality as desirable; presents criminality as desirable; (v)(v) exploits the national emblem, or any part of the Constitution or the exploits the national emblem, or any part of the Constitution or the
person or personality of a national leader or a State dignitary; person or personality of a national leader or a State dignitary; (vi)(vi) in its depiction of women violates the Constitutional guarantees to all in its depiction of women violates the Constitutional guarantees to all
citizens. In particular, no advertisement shall be permitted which projects a citizens. In particular, no advertisement shall be permitted which projects a derogatory image of women. Women must not be portrayed in a manner that derogatory image of women. Women must not be portrayed in a manner that emphasizes passive, submissive qualities and encourages them to play a emphasizes passive, submissive qualities and encourages them to play a subordinate, secondary role in the family and society. The cable operator shall subordinate, secondary role in the family and society. The cable operator shall ensure that the portrayal of the female form, in the programmes carried in his ensure that the portrayal of the female form, in the programmes carried in his cable service is tasteful and aesthetic, and is within the well established cable service is tasteful and aesthetic, and is within the well established norms of good taste and decency; norms of good taste and decency;
(vii)(vii) exploits social evils like dowry, child marriage.exploits social evils like dowry, child marriage. (viii)(viii) promotes directly or indirectly production, sale or consumption of— promotes directly or indirectly production, sale or consumption of— (a)(a) cigarettes, tobacco products, wine, alcohol, liquor or other cigarettes, tobacco products, wine, alcohol, liquor or other
intoxicants; intoxicants; (b)(b) infant milk substitutes, feeding bottle or infant foods.] infant milk substitutes, feeding bottle or infant foods.] Inserted by GSR 710(E), dated 8.9.2000, with effect from 8.9.2000.Inserted by GSR 710(E), dated 8.9.2000, with effect from 8.9.2000.