Section 3. Board of film Certification

PART II CERTIFICATION OF FILMS FOR PUBLIC EXHIBITION 6[ 3. Board of film Certification.— (1) For the purpose of sanctioning films for public exhibition, the Central Government may, by notification in the Official Gazette, constitute a Board to be called the 7[Board of Film Certification] which shall consist of a Chairman and 8[not less than twelve and not more than twenty-five] other members appointed by the Central Government. (2) The Chairman of the Board shall receive such salary and allowances as may be determined by the Central Government, and the other members shall receive such allowances or fees for attending the meetings of the Board as may be prescribed. (3) The other terms and conditions of service of the members of the Board shall be such as may be prescribed.] 9[4. Examination of films.— (1) Any person desiring to exhibit any film shall make an application to the Board for a certificate in such form and manner as may be prescribed. (2) The Board may, after examining the film in such manner as may be prescribed,— (i) sanction the film for unrestricted public exhibition: 1. Ins. by Act 3 of 1959, s. 3. 2. Ins. by Act 12 of 2023, s. 4 (w.e.f. 11-8-2023). 3. Ins. by Act 49 of 1981, s. 2 (w.e.f. 1-6-1983). 4. Cl. (h) omitted by Act 33 of 2021, s. 9 (w.e.f.4-4-2021). 5. Ins. by Act 12 of 2023, s. 4 (w.e.f. 11-8-2023). 6. Subs. by Act 3 of 1959, s. 4, for sections 3 to 6. 7. Subs. by Act 49 of 1981, s. 3, for "Board of Film Censors" (w.e.f. 1-6-1983). 8. Subs. by s. 3, ibid. , for "not more than nine" (w.e.f. 1-6-1983). 9. Subs. by Act 12 of 2023, s. 5, for section 4 (w.e.f. 11-8-2023). Provided that, having regard to any material in the film, if the Board is of the opinion that viewing of such film by any child between seven to eighteen years of age is subject to guidance of parents or lawful guardian, then the Board may sanction the film for unrestricted public exhibition with an endorsement to that effect containing UA marker. Explanation .—For the removal of doubts, it is hereby clarified that— (a) the expression "seven" denotes completion of seven years of age and the expression "eighteen" denotes before attaining the age of eighteen years; (b) an endorsement by the Board shall enable the parents and lawful guardian of the child to consider whether such child should view such a film, and shall not be enforced by any person other than the parents or lawful guardian of the child; (ii) sanction the film for public exhibition restricted to adults; (iii) sanction the film 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; (iv) direct the applicant to carry out such excisions or modifications in the film as it may deem necessary before sanctioning the film for public exhibition under clauses (i), (ii) and (iii); or (v) refuse to sanction the film for public exhibition: Provided that no action under this section shall be taken by the Board, unless the applicant has been given an opportunity of being heard in the matter. (3) Any person desiring to exhibit on television or such other media as may be prescribed, any film which has been sanctioned by the Board under clause (ii) or clause (iii) of sub-section (2), may make an application to the Board in such form and manner as may be prescribed, and the Board may, for this purpose, sanction the film with a separate certificate, after directing the applicant to carry out such excisions or modifications in the film as it may think fit.]