Tamil Nadu act 034 of 1987 : Tamil Nadu Compulsory Censorship of Publicity Materials Act, 1987

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Keyword(s):

Board, Certificate of Censorship, Chairman, Chairman, Member,

Objectionable Publicity Material

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((:, promokc on grounds of religion, race, place of birth, rcsidci~cc, language, caste or community or any other ground what- soever, disharmony, feelings of enmity or hatred or ill-will between difiercnt religious, racial, language or regional groups or castes or communities.^#

Explanation ].-A publicity material shall be deemed to be obscene if it is lascivious or appeals lo the prl~rient interest or if its effect, or (whtre it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to

tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read or see the matter contained GI- embodied in it, or if it portrzys, exhibitg or shows a picture, drawing, painting or figure of a female human being of any age in sucjl posture which is offensive to senses or which is likely to suggest any indecent or impure or immoral ideas in the minds of persons who are iikely to read or see the matter contained or

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embodied ixl it. Explanation 11.-A publicity material shall not be deemed lo be objectionable merely if it-

(I), expresses disapprobation or criticism of any law or of any policy or administrative action of the Government with a view ro obtain its alteration or redress by lawcul means; or

(2) criticises any social or religious practices without malicious intention and with an honest view to promote social or rciigious reform or social justice ;

(g) (' place open to public view " includes any private. place or building, monument, statue, post, wall, fence, tree or other thing

o r contrivance visible to a person being in, or passing along, any

public place ;

(h) public place " means any. place (including a road,

street or way, whether a thoroughfare or not and a landing placeY

IJ which the public are granted access or have a right to resort or ' '* over which [hey have a right to pass ; . . .4 ...-.. -& r\

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*..-! 1 ,-.. r N A w GOWRNMENT G& -4 &$: :1..- -4 2

' , bi ,$ . F .. (i) " publiqity material " means any material which il

. :' 'pr*duced in India or in any country outside India for giving ~ u b l i 3'. a

- - -' :dty or anything other than publicity material relating to a cinemato

graph film and i n c l u d e s

(i) hoarding, showcard, insert, press design and enlarge- :) poster ;

(iii) still photo ;

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k, ': (iv) slide ;

. A 3 pi' ; b: ,..' (v) still! for publicatioa in newspapers and periodicals; ?, *6'

$3 -* (. . , . and

r p - , -

E.i , r : J F;:~ .* : (vi) such other material as may be prescribe$.

%a:,; , , ., ,,;+- . ' 3. Exhibition of publicity material.-(1) No . person shall a

. 'i't6 or exhibit on, any place open to public view any publicity ma

j4 dd8. without a Certificate of Censorship.

(2) Every pqblicity material exhibited shall bear in su

s may be prescribed, the number and date of certifica hip granted in respect of such public.ity material. &orship in respect ' of publiciiy material,- the y notification, constitute a Board to be called th than five oiher -members appointed by the Government. - , - *

' Chairman shall receive such remuneration as may

the Government and the members, other than , ', 2

',;., . 4,, Board of Cemorship.41) For the purpose of granting Certi

:tq?, 1. '<

. JVadp 13~ard -of Cenmrship which. shall consist of a Chairnlan a

P " , , &+(-: - (2) The Censor Officer appointed under sub-section (1) 4

' - $.. L , seclion 5 shall be the Member-Secretary to the Board. i

L. s fig:: $,:Cjrra

.,TI- '

'? , s f . . . .,. ; the Chairman and the members ,shafl hold office for si ' z ..+ ." *-

~L:G~:;;' tk;n as m& be prescribed. 1

i p 7 r & y ensor ~ ~ c & , % h a l l receive such allowances or fees for attendi

-*meetiqgs.?pf the Board as may be prescribed.^{. .} &#\+ .; - ,. . . 4

qq?;<.* .

,g$( (5); The meetings of the Board shall be held at &ch place a pi (time and 'in buch manner as may be prescribed. @ t . , + - $ f , , .5 R , ,

f&4~~!~,;?:"(6~ $lo shall be eliii'ble for appointment as Chaim ' yc. , .k.-. i o r . , m b ; e r of the Board, unless he has completed the age of thin @-years. + It r -.. - . .\ - . ,_ . - - I

' 4 f - + * . . - PO!

a x

In! thi~

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5. Censor Oficer and other stafl.-(1) or carrying out thc 1,ur-

post: of' this Act, the Government shali appoir~t a ('cl~sor aiiccr

;inti may also appoint such numbcr of :\s:istunt ('2nsor Ofliccry,

I11specto1.s and other Offjcers and stafi 2s thc Govcrnmcnt nlay

think fit to assist t h t Censor Officer.

(2) 'l'he Cer~sor Ofifi:er, the Assistant Censor Officers and !nspect~is may inspect any place and may call for any document relating to any publicity matcriel from any person responsible, for thc cxhibitioi~ of such publicity matsrial.

(3) 1-he Censor Officer, Assistant Censor Officers and Mpec-

tors shall exercise such powers and perform such other functions as may be prescribed.

6. A p ylication for Cerlifca fe of %ensorship.- ( 1 ) If any person wants to exhiblit in any place open to publjc view any publicity material, he shall make an application to the Board in such form as may be prescribed, for a Certificate of Censorship and shall submit

such inaterial along with the application in such manner as may be p rc sc~ il-~ed.

(2) Every application under sub-section (1) shall be accom- panied by such fee as may be prescribed.

7 . Grant of Certificate of Cen.,orsltip.--.( 1 ) The Censor Officer

shall examine the publicity material submitted under section 6 and place thc publicity material together with his recommendations if

any, before the Board for its consideration.

(2) The Board shall, within a period of two weeks, after exa- mining the publicity material and the reconimendations of the

publicity materials Censor ofher in the presorihecl manner,-

. (i) grant a certificate of publicity materials censorship in , suc1.1 form and in such manner as may b2 prescribed ; or

(ii) direct the applicant to carry out such alterations or ' mod ifications in the publicity materials as it thinks necessary before silnctiolling thc pc~blicity materials for public exhibition : or (iii)J rclusc: to grant a certificate of publicity materials. cen- sorship, for public exhibition.

(3) No action under clause (ii) and clause (iii) of sub-section (2, .;hall be takcn by thc Bonrd cxccp: aflcr giving an opportunity to ihc applicant, f ~ ; r sprcscnt.ing his views in thc matter.

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., , . , - . ' &(*!-;75 *

c ( 4 9 Certificate .of Censorship shall be signed - by the

drn-,Q@her- or, in h;s absence, by such Assistant Censor Officer.

m p y ' b e , empowered in this behalf by the Board and the publicity qft&bd.'shall.-then ba returned to the person who submitted it. Fy -2:; * . f

,i&;(.;-, 8 'Appeal.-(l) Any person aggrieved by any decision of the i

" e y , within thirty days from the date of receipt such kkibn, make an appeal to such authority as the Government may &bribe and such authoritv mav. after such inauirv as it considers - - -. .ry and after

--- A - d - - --

in the matter, mike such ord6; in relation theieto as '

1 I . . - , order of the a~thority referred to in sub-section (1)

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--(l)r Whoever affixes to, or exhibits on, any place view any objectionable publici t ) material shall be mprisonment of either description for a term which three years or with fine which mily extend to three !&?$ .\,thous+nd rupees, or with both. I,* ,

i. a

~ , + . . Z i j < . . .(2) Whoever affixes to or exhibits on, any place open to public $ a l .- view any publicity material in respect of which 'a Certificate of

" r Censorship has not been granted by tile &aid u~rder section 7, or bc:l. ,~@&h dw not

: . , ;;of -.the ..Certificate of Censorship, shall be punished with imprison- -:

pr..

%&;i-:t ' . : . 10. .Punishmew of abeffor.-Whoever in any manner whatsoever, :-'. 'causes, procures, cbunsels, aids,. abets or is accessory to, the corn-

:'< : mission of any offence under sub-section (1) or sub-section (2) of

e$~&$ion 9 shall be punkhed with the punishment provided for the 4 E, r offence. 1 :i

L: 7 *

. . .;.vi: ,;.: ;11, ~alidarion:--~o act or procebding of the Board shall be 4 &&I*.-

*L!-r Jdwmed, to be invalid by reason only of vacancy in, or any defect

&fci'q:'in3tht constitution of, the Board. - - - 1' .^-___a - \ --^{I -}- -$LC - - 5 ~ .

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T'A M I I . NA DU GOVERNMENT GAZETrE EXTRAORDINARY 195

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12. Power to compound oflence.- ( 1 ) Subject to such conditions

2s may be prescribed, the prescribed authority by a general or special order in this behalf may, either before or after the institu-

tion of proceedings under this Act, accept from the person who has

committed or is reasonably suspected of having committed an offence

undcr this Act, by mray of composition of such offence, a sum of money not exceeding two thousand rupees.

(2) On payment of such sum of money, such person shall be discharged and no further proceedings shall be taken against him in respect of such offence.

13. Power to seize.--It shall be lawful for any police officer not below the rank of an officer-in-charge of a police station to seize---

(nj any objectianable publicity materials ; or

(b) any publicity material- >

(i) in respect of which no Certificate of Censorship has been

~btaincd undcr this Act, or

(ii) which does not bear the number and date of the Certifi- cate of Censorship.

aiid such police officer shall forthwith report the seizure to the :;f~pistra~e having jurisdiction and ' where the publicity material seized is such that it cannot be conveniently transported to the

court, he may give custody thereof to any person on his executing

r bond undertaking t80 produce the publicity material beforc the

court as and when required and to give effect to the further orders of the co~irt as to the disposal of the same.

14. Chairman and members to be public servants.-The Chair- ' man and the members shall, when acting or purporting to act in pursuaqce of the provisions of this Act or tha rules made thereunder, be deemed to be public servants within the meaning of section 21 of ^, t!~e Ti~dian Penal Code (Central Act XLV of 1S60).

15. Bar to legal proceeding.-No suit or other legal proceeding shall lie against the Chairman, members an'd the officers and staff

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appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rules made 1 thereunder. I

; 16. Ofence~ by companies.-(1) Where an offence under this Art

bas been committed by a company, every person who, at the time the

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cBcnce was committal, - was in charge of and - - wai - responsible .-. to, the I I

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': ' :96 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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re". ,, , company for the conduct of the business of the company as well as 2,. the company, shall be deemed to be guilty of the offence and shall '^{J .} be ljablc to be proceeded against and punished accordingly : - .

. Provided that nothins contained in this sub-section shall render I any such person liable to any punishmerit, if he proves that the off- , ence was committed without his knowledge orethat he had exercised

A: all due diligence to prevent the commission of such offence. ' (2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company , and it is proved that the offence has been committed with the con- sent or connivarlce 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 dher officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punisl~ed a ~ ~ ~ r d i n g l y .

I^I Exp1nnation.-For the purposes of this section.--

(a) " company '' nleans 'any body corpo other association of individuals ; and and incl

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

firm. '

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

*. ! . for . carrying .out all or*y of the purposes of this AC~. . '1

l a r -- '

. . (7) In particular and without prejudice to the generality of

'r % liu;"'l ' ; the foregoing power, such rules may provide for-.- @ !, *

'L , ..' ., pz r - (aj a l l matters expressly required or allc~wed bv this Act to 1

" . .y._s , 5- :w 7 . b the term cf office ol the Chairman and the members : 1 . *

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,,(c) the remuneration payable to the Chai

. ' $:'- . . $,"

(d) the allowances or fees payable to the members ; ?Uo U #

, (e) the place and tirne at which and

stmeetings of the Board shall be -held ; manner

y+'< " ! - ' . , t

- ' -0: the' powers and functions of the Censor Officer, Assis ' $>&!C.tF:.:U - &#'9 aE.

Censor Officers and Inspectors ;

$1' p - - \

. +. % (g) the form of application f i r a Certilficate of censors hi^ ; , (h) . -_-a- &e manner- -- --..- of r^- .. submitting - T1 publicit ",. - ' ' \ - - . - ..

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- -.- --- -.-. -- -. ------ - ~ -.--- - - - --- -. .

(i) the lei: to be paid fur C'crtilicatc ol' (:cnsor-ship ; ( j ) 111c f'ern~ and tile rnanner in which tha Certificate of

C'ensorship slliill Isc granted ;

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( k ) t h ~ aiithor:+t> to whom appcal shall be preferred under sub-!,;.ctio~i ( 1 ) or section 8 ; and

1 1 ⁽¹⁾ the authority to compollnd tlic offe;~cz uncles section 12.

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(3) In making ally rirle under this Act, the Government may

providc that a breach thereof shall be punishable with a fine which illlly cxlctlci 1 0 i i t C !i?!,icii'cd l l l i?CeS.

4 ( 1 ) : I ! ! - ' ; L-~I;I(!c &,nc!ci- this A L ~ shall be published in t l t: ,::lrif i"vf:i/; <;o: L') i^{!il;~ II~} C;(l;cJ;id, a ~ l d t~nless thcy are expressed

s-

::I c.i,ttl,! ! ! ~ l t ) I O L . L\ on ,. ,,.,,,,.ir clay, shall come into force on [he ciav (-11 w h i ~ h they arc SC) pirl)iished.

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I^i,, i '^Iissued unclcr this ,Act shall unless i/il:y a1.c esprcs.ccl t,.~ co:r-,u [^nit)I'nrce on a particu.la; day, come into ' I ; , . l , , i x t : (:,I iilt; L;;s;.. ; . ) t ~ x , > , , ; , ! t . : ~ :itsy are p~~bl ishcd. 'L

( 5 ) ?..!,I :s%: r L nlwc!e cr llotjficatirlil issuecl under this Act

s l s .oat! a\ ~?o\sib:o alter it is matic or issued, be placed on the

t i ! I ll:c i.ci:i?.l,;ii,, c As:.cnibly anti if'. before tlic expiry of the session in which it is so placcd or -the ncst session, the Assen~bly

r~iak; .; :ln y l l lo( - ; ik i~ i i i i~ '~~ in 211y S U C ~ rule or notification or the Assem- [ ~ . j (i,;ciLlcs liint tiye ruie or cot;iication shoult! not be made or issued,

1 I.LI!C o r nt:tificafio~l shall thcrcnltcr llsve cffcct only in such modi- rktl Snrn! o r 1.c of no l : ~ I ~ ~ t , as the case may be, so, however, that

ally such modiiicat ion or annulment shall be w!thoot prejudice to

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