Motion Pictures Ordinance, 1979

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THE MOTION PICTURES ORDINANCE, 1979 
 
CONTENTS 
 
   
  
CHAPTER I 
 
PRELIMINARY 
 
1.  Short title, extent and commencement. 
2.  Definition. 
CHAPTER II 
 
ESTABLISHMENT OF THE BOARD 
 
3.  Constitution of Board. 
4.  Uncertified film not to be exhibited. 
5.  Certification of films. 
6.  Principles of guidance in certifying films. 
7. Appeals. 
8.  Powers to suspend exhibition of films in certain cases. 
9.  Revisional powers of the Federal Government. 
10.  Information and documents to be given to distributors and exhibitors with respect to certified 
films. 
11.  Powers to direct exhibition of films for examination. 
12.  Vacancies, etc., not to invalidate proceedings. 
CHAPTER III 
REGULATION OF EXHIBITION BY MEANS OF CINEMATOGARPH 
13.  Licensing of places for exhibition of films. 
14.  Directions as to screening of documentaries, etc. 
CHAPTER IV 
Updated till 14.04.2023
 
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MISCELLANEOUS 
 
15.  Delegation of powers. 
16.  Certain persons to be public servants. 
17.  Bar to legal proceedings. 
18.  Penalties and procedure. 
19.  Powers to make rules. 
20.  Power to exempt. 
21.  Repeals and savings. 
 
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THE MOTION PICTURES ORDINANCE, 1979. 
ORDINANCE No. XLIII OF 1979 
[3rd September,1979] 
An Ordinance to provide for the censorship of films and the regulations of exhibition of films by 
means of cinematographs 
WHEREAS it is expedient to provide for the censorship of films and the regulation of 
exhibition of films by means of cinematographs, and for matters connected therewith or incidental 
thereto; 
AND WHEREAS the President is satisfied that circumstances exist which render it necessary 
to take immediate action ; 
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read 
with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise 
of all powers enabling him in that behalf, the President is pleased to make and promulgate the 
following Ordinance :― 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement.― (1) This Ordinances may be called the Motion 
Pictures Ordinance, 1979. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force at once. 
2. Definition. In this Ordinance, unless there is anything repugnant in the subject or 
context,― 
(a)  “Board” means a Board established under section 3 ; 
(b)  “Chairman”, in relation to a Board, means the Chairman of the Board ; 
(c)  “cinematograph” includes any apparatus for the reproduction of moving      
pictures or series of pictures ; 
(d)  “film” means cinematographic film or other materials used for projection by  
cinematograph ; 
(e)  “place” includes a house, building, tent and any means of transport, whether 
by sea, land or air ; and 
(f)  “prescribed” means prescribed by rules made under this Ordinance. 
 
 
 
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CHAPTER II 
ESTABLISHMENT OF THE BOARD 
3. Constitution of Board.―(1) The Federal Government may, by notification1 in the official 
Gazette, constitute as many Boards as it may think fit for the purpose of examining and certifying 
films for public exhibition, and shall declare the area in respect of which each such Board shall 
exercise its powers under this Ordinance. 
(2) A Board shall consist of a Chairman and not less than five members to be appointed by 
the Federal Government. 
(3) The Chairman and members of the Board shall hold office during the pleasure of the 
Federal Government and receive such salary and allowances, if any, as may be determined by the 
Federal Government. 
4. Uncertified film not to be exhibited.―(1) No person shall make or arrange a public or 
private exhibition of a film by means of cinematograph unless the film has been duly certified for 
public exhibition by the Board, provided that nothing in this sub-section shall be deemed to apply to 
the exhibition, in the residential premises of any person, of a film which only records events in the 
life of such person or any member of his family. 
(2) Any person desiring to submit any film for certification for public exhibition shall, in the 
prescribed manner, make an application to the Board for a certificate in respect thereof along with its 
re-recording, print or such equivalent material as the Board may determine, including sound tracks of 
speech, songs, music and effect, and the Board may, after examining the film, or having it examined, 
in the prescribed manner:― 
(a) sanction the film for unrestricted public exhibition ; or 
(b)  sanction the film for such restricted public exhibition as may be prescribed ; or 
(c)  direct the applicant to carry out such excisions in the film as the Board 
considers necessary before sanctioning the film for unrestricted or restricted 
public exhibitions; or 
(d)  refuse to sanction the film for public exhibition. 
(3) Where the Board directs that any portion of the film be excised, the Board shall, 
subsequent to the rejection of appeal, if any, or the expiration of thirty days from the order, if there is 
no appeal, destroy or cause to be destroyed all prints of sound and picture and original exposed 
negatives of the excised portions. 
5. Certification of films.― (1) If, after examining a film or having it examined, the Board 
considers that the film is suitable for unrestricted public exhibition or that, though not suitable for 
such exhibition, it is suitable for restricted public exhibition, it shall grant to the person applying for 
certification of the film a certificate of the appropriate category, and shall in all cases cause the film 
to be marked in the prescribed manner. 
 
 
1For such Notification see S.R.O. 181(1)/80, dated 10-2-80, Gaz. of P., 1980, Extra. Pt. II, pp. 182-185. 
 
 
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(2) An order refusing to grant a certificate, or an order suspending a certificate, or an order 
decertifying a certified film shall be published in the official Gazette. 
(3) Subject to the other provisions of this Ordinance a certificate granted under this section 
shall be valid for such area and period as the Board may, by notification in the official Gazette 
specify in this behalf. 
6. Principles of guidance in certifying films.― (1) A film shall not be certified for public 
exhibition if, in the opinion of the Board, the film or any part thereof is prejudicial to the glory of 
Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with 
foreign States, public order, decency or morality or amounts to the commission of, or incitement to, 
an offence. 
(2) Subject to the provisions of sub-section (1), for the guidance of the Board in the exercise 
of its powers under this Ordinance, the Federal Government may issue a Censorship Code and such 
directions as it may think fit. 
7. Appeals. Any person applying for a certificate in respect of a film who is aggrieved by any 
order of the Board,― 
(a) refusing to grant a certificate; or 
(b)  granting only a restricted certificate ; or 
(c)  directing the applicant to carry out any excisions ; 
may, within thirty days of the date of such order, prefer an appeal to the Federal Government and the 
appeal shall be disposed of in the prescribed manner and the order of the Federal Government shall 
be final: 
Provided that before passing an order under this section an opportunity shall be provided to 
the appellant of being heard. 
8. Powers to suspend exhibition of films in certain cases.―(1) A Board may, if it has 
reason to believe that a film in respect of which a certificate has been granted by it under section 5 
has been or is being exhibited in contravention of any of the conditions subject to which it has been 
certified, by order suspend the exhibition of the film for such period as may be specified in the order. 
(2) The 1[Zila Nazim], in respect of the whole or any part of his district, may, if he is of the 
opinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by 
order suspend the exhibition of the film for such period not exceeding one month as may be specified 
in the order. 
(3) While an order under sub-section (1) or sub-section (2) is in force in respect of a film, 
such film shall be deemed to be an uncertified film in respect of the area specified in the order. 
 
(4) For the purpose of inspecting the exhibition of films and the proper enforcement of the 
provisions of this Ordinance relating to such exhibition, the Board may, by order in wr iting, 
authorise such persons as it may deem fit for such area as may be specified in the order. 
 
 
1Subs. by Ordinance No. CVIII of 2002, s. 2. 
 
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(5) Where a film in respect of which no certificate has been granted under this Ordinance is 
exhibited, or a film certified as suitable for restricted public exhibition is exhibited otherwise than as 
certified, or a film is exhibited in contravention of any of the other provisions of this Ordinance, any 
police officer not below the rank of Inspector may, upon a report in writing made by the Board or by 
a person authorised by it in this behalf, or under the orders of the 1[Zila Nazim], enter any place 
licensed for the exhibition of films in which there is reason to believe that the film has been or is 
being exhibited, search it and seize the film and projection equipment. 
(6) A copy of an order under sub-section (1) or sub-section (2), together with a statement of 
the reasons thereof shall forthwith be forwarded to the Federal Government and the Federal 
Government may either discharge the order or, by notification in the official Gazette, direct that the 
film shall be deemed to be an uncertified film in respect of such area as may be specified in the 
notification. 
9. Revisional powers of the Federal Government.―(1) Notwithstanding anything 
contained in this Ordinance, the Federal Government may at any stage call for the record of any 
proceedings in relation to any film which is pending before or has been decided by the Board and, 
after such inquiry into the matter as it considers necessary, and without notice to the person who has 
applied for certification of the film or to whom a certificate in respect of the film has been granted or 
to the distributor or exhibitor of such film, make such order in relation thereto as it thinks fit. 
(2) Without prejudice to the powers conferred on it by sub-section (1), the Federal 
Government may, by notification in the official Gazette, direct that― 
(a) a film or class of films in respect of which a certificate has been granted under 
this Ordinance or under the Censorship of Films Act, 1963 (XVIII of 1963), 
shall be deemed to be an uncertified film or class of films in the whole or any 
part of Pakistan: 
Provided that no such order shall be made by the Federal Government unless it is satisfied 
that it is necessary to do so in the interest of the glory of Islam or the integrity, security or defence of 
Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, 
or to prevent the commission of, or incitement to, an offence; or 
(b)  a film which has been sanctioned for unrestricted public exhibition under 
section 5 or to which a “U” certificate has been granted under the Censorship 
of Films Act, 1963 (XVIII of 1963), shall be deemed to be a film in respect of 
which a restricted certificate has been granted. 
10. Information and documents to be given to distributors and exhibitors with respect to 
certified films. Any person who, delivers any certified film to any distributor or exhibitor shall, in 
such manner as may be prescribed, notify to the distributor or exhibitor, as the case may be, the title  
and length of the film, the number and nature of the certificate gr anted in respect thereof and the  
conditions, if any, subject to which it has been granted and such other particulars as may be 
prescribed. 
11. Powers to direct exhibition of films for examination.  For the purpose of exercising any 
of the powers conferred o n it by this Ordinance, the Federal Government or the Board may require 
any film to be exhibited before it or before any person specified by it in this behalf. 
 
1Subs. by Ordinance No. CVIII of 2002, s. 2 [31.10.2002] 
 
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12. Vacancies, etc., not to invalidate  proceedings. No act or proceeding of the Board shall 
be deemed to be invalid by reason only of the existence of a vacancy in, or defect in the constitution 
of, the Board. 
CHAPTER III 
REGULATION OF EXHIBITION BY MEANS OF CINEMATOGRAPH 
13. Licensing of places for exhibition of films.―(1) Save as otherwise provided in this 
Chapter, no person shall give a public exhibition by means of cinematograph elsewhere than in a 
place licensed under this Ordinance or otherwise than in compliance with any condition and 
restriction imposed by such licence. 
(2) The authority having power to grant a licence under this Ordinance, hereinafter referred to 
as the licensing authority, shall be the Provincial Government: 
Provided that the Provincial Government may, by notification in the official Gazette, specify 
for the whole or any part of the Province such other authority as it may specify in the notification to 
be the licensing authority for the purposes of this Chapter. 
(3) The licensing authority shall not grant a licence under this Chapter in respect of any place 
unless it is satisfied that― 
(a) the rules made under this Chapter have been complied with ; and 
(b)  adequate precautions have been taken in respect of the place for which the 
licence is to be given to provide for the safety and health of persons attending 
exhibition therein. 
(4) Subject to the foregoing provisions of this section, the licensing authority may grant a 
licence under this Chapter to such applicant as it deems fit and on such terms and conditions and 
subject to such restriction as it may determine 1[, including the maximum charges for the admission 
of persons to the exhibition of a film in a place in respect of which such licence is granted]. 
 
(5) Where the authority specified by the Provincial Government under the proviso to sub -
section (2) to be the licensing authority consists of more persons than one, no decision of the 
licensing authority shall be invalid by reason only of the existence of a vacancy in, or defect in the 
constitution of, the said authority. 
14. Directions as to s creening of documentarise, etc.  The Federal Government or the 
Provincial Government may, from time to time, issue to any person to whom a licence has been 
granted under this Chapter any directions for the purpose of regulating the exhibition of any film or  
class of films so that scientific films, films intended for educational or cultural purposes, films 
dealing with news or current events, documentary films and indigenous films secure an adequate 
opportunity of being exhibited, and such directions shall be  deemed to be additional conditions and 
restrictions subject to which the licence has been granted. 
 
 
1Added by the Motion Pictures (Amdt.) Ordinance, 1982 (7 of 1982), s. 2. 
 
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CHAPTER IV 
MISCELLANEOUS 
15. Delegation of powers.  The Federal Government may, b y notification in the official 
Gazette, delegate all or any of the powers exerciseable by it under this Ordinance to such authority or 
person as may be specified in the notification. 
 
16. Certain persons to be public servants. The Chairman, members and employees of a 
Board and persons empowered under sub-section (4) of section 8 shall, when acting or purporting to 
act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within 
the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860). 
17. Bar to legal proceedings.―(1) No suit or other legal proceeding shall lie against the 
Federal Government, a Provincial Government, a Board, or any officer or member thereof, as the 
case may be, in respect of anything which is in good faith done or intended to be done under this 
Ordinance. 
(2) No Court shall grant an injunction or make any interim order in respect of any order 
passed under section 8 or section 9. 
18. Penalties and procedure.―(1) Whoever― 
(a)  exhibits or causes or permits to be exhibited in any place, or abets the 
exhibition of, any film which has not been certified by the Board or which, 
when exhibited, does not display the prescribed mark or has been altered or 
tampered with since such mark was affixed thereto ; or 
(b)  without lawful authority, alters or tampers with, in any way, any film after it 
has been certified ; or 
(c)  fails to comply with the provisions of section 5 or of any order made under 
this Ordinance ;  
shall be punishable with imprisonment for a term which may extend to three years, or with fine 
which may extend to one lac rupees, or with both, and, in the case of a continuing offence, with a 
further fine which may extend to ten thousand rupees for each day during which the offe nce 
continues. 
(2) If the owner or person incharge of a cinematograph on any place uses it or allows it to be 
used in contravention of the provisions of this Ordinance or the rules made thereunder, or of the 
conditions and restrictions upon or subject to which any licence has been granted under this 
Ordinance, he shall be punishable, with imprisonment for a term which may extend to one year, or 
with fine which may extend to ten thousand rupees, or with both, and, in the case of a continuing 
offence, with a further fine which may extend to two thousand rupees for each day during which the 
offence continues. 
(3) If any person is convicted of any offence punishable under sub-section (1) or sub-section 
(2) committed by him in respect of any film, the Court may further direct that the film and the 
cinematograph used for its exhibition may be forfeited to the Board. 
 
 
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1[(3A) Whoever charges for the admission of any person to the exhibition of a film in a place 
licenced under this Ordinance any amount in excess of the maximum charges fixed under sub-
section (4) of section 13, or sells to any person a ticket for such admission at a cost higher than the 
maximum charges so fixed, shall be punished with the punishment provided for in sub-section (2).] 
 
 (4) Where the person convicted of an offence under this section is the holder of a licence 
granted under section 13, the licensing authority may revoke the licence. 
(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 
1898), no Court shall take cognizance of an offence punishable under this section except upon a 
complaint in writing made by the Board or the licensing authority or persons authorised by any of 
them. 
19. Power to make rules.―(1) The Federal Government may, by notification in the official 
Gazette, make rules2 for carrying out the purposes of this Ordinance. 
(2) In particular and without prejudice to the generality of the foregoing powers, such rules 
may provide for all or any of the following matters, namely :― 
 
(a)  the manner in which the Board may exercise its powers, including the 
establishment of centers at different places and the delegation of any of the 
powers of the Board to any member nominated by the Federal Government in 
that behalf ; 
 
(b)  the procedure of the Board and all matters ancillary thereto, and the fees to be 
charged by it. 
 
(c)  the conditions subject to which any certificate may be granted under Chapter 
II and the circumstances in which such certificate shall be refused ; 
 
(d)  the, manner in which appeals under section 7 may be preferred, heard, and 
disposed of ; 
 
(e)  the terms, conditions and restrictions, if any, under which licences  may be 
granted under Chapter 11 ; and 
(f)  any other matter which is to be or may be prescribed. 
20. Power to exempt. The Federal Government may, by order in writing, exempt, subject to 
such conditions and restrictions, as it may impose,  any film or class of films or cinematograph 
exhibition or class of cinematograph exhibitions from all or any of the provisions of this Ordinance 
or the rules made thereunder. 
 
21. Repeals and savings.―(1) The Cinematograph Act, 1918 (II of 1918), and the 
Censorship of Films Act, 1963 (XVIII of 1963), are hereby repealed. 
 
(2) Notwithstanding the repeal of any Act by sub-section (1), and without prejudice to the 
provisions of section 24 of the General Clauses Act, 1897 (X of 1897), everything done, order 
passed, action taken or obligation, liability, penalty or punishment incurred under any of the 
provisions of the said Act, shall, if not inconsistent with the provisions of this Ordinance, continue in 
force and be deemed to have been done, passed, taken or incurred under the provisions of this 
Ordinance. 
 
1Ins. by the Motion Pictures (Amdt.) Ordinance, 1982 (7 of 1982), s. 3 
2For such rules, see S.R.O. 279(I)/80, dated 8-3-80, Gaz. of P., 1980, Extra., P. II, pp. 306-23.