{ "schema_version": "qanun-law-text/1", "id": "pk-code-599373fb41e31131", "title": "Motion Pictures Ordinance, 1979", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-cpaa-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "fd62a515a81efee1574fd04c824603aaada316bdfd42aa7a3dadaec10cefb1d3", "source_sha256": "fd62a515a81efee1574fd04c824603aaada316bdfd42aa7a3dadaec10cefb1d3", "text_version_id": "law:pk-code-599373fb41e31131:sha256:fd62a515a81efee1574fd04c824603aaada316bdfd42aa7a3dadaec10cefb1d3", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 9 \r\n \r\n \r\n \r\nTHE MOTION PICTURES ORDINANCE, 1979 \r\n \r\nCONTENTS \r\n \r\n \r\n \r\nCHAPTER I \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement. \r\n2. Definition. \r\nCHAPTER II \r\n \r\nESTABLISHMENT OF THE BOARD \r\n \r\n3. Constitution of Board. \r\n4. Uncertified film not to be exhibited. \r\n5. Certification of films. \r\n6. Principles of guidance in certifying films. \r\n7. Appeals. \r\n8. Powers to suspend exhibition of films in certain cases. \r\n9. Revisional powers of the Federal Government. \r\n10. Information and documents to be given to distributors and exhibitors with respect to certified \r\nfilms. \r\n11. Powers to direct exhibition of films for examination. \r\n12. Vacancies, etc., not to invalidate proceedings. \r\nCHAPTER III \r\nREGULATION OF EXHIBITION BY MEANS OF CINEMATOGARPH \r\n13. Licensing of places for exhibition of films. \r\n14. Directions as to screening of documentaries, etc. \r\nCHAPTER IV \r\nUpdated till 14.04.2023\r\n \r\nPage 2 of 9 \r\n \r\nMISCELLANEOUS \r\n \r\n15. Delegation of powers. \r\n16. Certain persons to be public servants. \r\n17. Bar to legal proceedings. \r\n18. Penalties and procedure. \r\n19. Powers to make rules. \r\n20. Power to exempt. \r\n21. Repeals and savings. \r\n \r\nPage 3 of 9 \r\n \r\nTHE MOTION PICTURES ORDINANCE, 1979. \r\nORDINANCE No. XLIII OF 1979 \r\n[3rd September,1979] \r\nAn Ordinance to provide for the censorship of films and the regulations of exhibition of films by \r\nmeans of cinematographs \r\nWHEREAS it is expedient to provide for the censorship of films and the regulation of \r\nexhibition of films by means of cinematographs, and for matters connected therewith or incidental \r\nthereto; \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary \r\nto take immediate action ; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise \r\nof all powers enabling him in that behalf, the President is pleased to make and promulgate the \r\nfollowing Ordinance :― \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement.― (1) This Ordinances may be called the Motion \r\nPictures Ordinance, 1979. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definition. In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,― \r\n(a) “Board” means a Board established under section 3 ; \r\n(b) “Chairman”, in relation to a Board, means the Chairman of the Board ; \r\n(c) “cinematograph” includes any apparatus for the reproduction of moving \r\npictures or series of pictures ; \r\n(d) “film” means cinematographic film or other materials used for projection by \r\ncinematograph ; \r\n(e) “place” includes a house, building, tent and any means of transport, whether \r\nby sea, land or air ; and \r\n(f) “prescribed” means prescribed by rules made under this Ordinance. \r\n \r\n \r\n \r\nPage 4 of 9 \r\n \r\nCHAPTER II \r\nESTABLISHMENT OF THE BOARD \r\n3. Constitution of Board.―(1) The Federal Government may, by notification1 in the official \r\nGazette, constitute as many Boards as it may think fit for the purpose of examining and certifying \r\nfilms for public exhibition, and shall declare the area in respect of which each such Board shall \r\nexercise its powers under this Ordinance. \r\n(2) A Board shall consist of a Chairman and not less than five members to be appointed by \r\nthe Federal Government. \r\n(3) The Chairman and members of the Board shall hold office during the pleasure of the \r\nFederal Government and receive such salary and allowances, if any, as may be determined by the \r\nFederal Government. \r\n4. Uncertified film not to be exhibited.―(1) No person shall make or arrange a public or \r\nprivate exhibition of a film by means of cinematograph unless the film has been duly certified for \r\npublic exhibition by the Board, provided that nothing in this sub-section shall be deemed to apply to \r\nthe exhibition, in the residential premises of any person, of a film which only records events in the \r\nlife of such person or any member of his family. \r\n(2) Any person desiring to submit any film for certification for public exhibition shall, in the \r\nprescribed manner, make an application to the Board for a certificate in respect thereof along with its \r\nre-recording, print or such equivalent material as the Board may determine, including sound tracks of \r\nspeech, songs, music and effect, and the Board may, after examining the film, or having it examined, \r\nin the prescribed manner:― \r\n(a) sanction the film for unrestricted public exhibition ; or \r\n(b) sanction the film for such restricted public exhibition as may be prescribed ; or \r\n(c) direct the applicant to carry out such excisions in the film as the Board \r\nconsiders necessary before sanctioning the film for unrestricted or restricted \r\npublic exhibitions; or \r\n(d) refuse to sanction the film for public exhibition. \r\n(3) Where the Board directs that any portion of the film be excised, the Board shall, \r\nsubsequent to the rejection of appeal, if any, or the expiration of thirty days from the order, if there is \r\nno appeal, destroy or cause to be destroyed all prints of sound and picture and original exposed \r\nnegatives of the excised portions. \r\n5. Certification of films.― (1) If, after examining a film or having it examined, the Board \r\nconsiders that the film is suitable for unrestricted public exhibition or that, though not suitable for \r\nsuch exhibition, it is suitable for restricted public exhibition, it shall grant to the person applying for \r\ncertification of the film a certificate of the appropriate category, and shall in all cases cause the film \r\nto be marked in the prescribed manner. \r\n \r\n \r\n1For such Notification see S.R.O. 181(1)/80, dated 10-2-80, Gaz. of P., 1980, Extra. Pt. II, pp. 182-185. \r\n \r\n \r\nPage 5 of 9 \r\n \r\n(2) An order refusing to grant a certificate, or an order suspending a certificate, or an order \r\ndecertifying a certified film shall be published in the official Gazette. \r\n(3) Subject to the other provisions of this Ordinance a certificate granted under this section \r\nshall be valid for such area and period as the Board may, by notification in the official Gazette \r\nspecify in this behalf. \r\n6. Principles of guidance in certifying films.― (1) A film shall not be certified for public \r\nexhibition if, in the opinion of the Board, the film or any part thereof is prejudicial to the glory of \r\nIslam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with \r\nforeign States, public order, decency or morality or amounts to the commission of, or incitement to, \r\nan offence. \r\n(2) Subject to the provisions of sub-section (1), for the guidance of the Board in the exercise \r\nof its powers under this Ordinance, the Federal Government may issue a Censorship Code and such \r\ndirections as it may think fit. \r\n7. Appeals. Any person applying for a certificate in respect of a film who is aggrieved by any \r\norder of the Board,― \r\n(a) refusing to grant a certificate; or \r\n(b) granting only a restricted certificate ; or \r\n(c) directing the applicant to carry out any excisions ; \r\nmay, within thirty days of the date of such order, prefer an appeal to the Federal Government and the \r\nappeal shall be disposed of in the prescribed manner and the order of the Federal Government shall \r\nbe final: \r\nProvided that before passing an order under this section an opportunity shall be provided to \r\nthe appellant of being heard. \r\n8. Powers to suspend exhibition of films in certain cases.―(1) A Board may, if it has \r\nreason to believe that a film in respect of which a certificate has been granted by it under section 5 \r\nhas been or is being exhibited in contravention of any of the conditions subject to which it has been \r\ncertified, by order suspend the exhibition of the film for such period as may be specified in the order. \r\n(2) The 1[Zila Nazim], in respect of the whole or any part of his district, may, if he is of the \r\nopinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by \r\norder suspend the exhibition of the film for such period not exceeding one month as may be specified \r\nin the order. \r\n(3) While an order under sub-section (1) or sub-section (2) is in force in respect of a film, \r\nsuch film shall be deemed to be an uncertified film in respect of the area specified in the order. \r\n \r\n(4) For the purpose of inspecting the exhibition of films and the proper enforcement of the \r\nprovisions of this Ordinance relating to such exhibition, the Board may, by order in wr iting, \r\nauthorise such persons as it may deem fit for such area as may be specified in the order. \r\n \r\n \r\n1Subs. by Ordinance No. CVIII of 2002, s. 2. \r\n \r\nPage 6 of 9 \r\n \r\n(5) Where a film in respect of which no certificate has been granted under this Ordinance is \r\nexhibited, or a film certified as suitable for restricted public exhibition is exhibited otherwise than as \r\ncertified, or a film is exhibited in contravention of any of the other provisions of this Ordinance, any \r\npolice officer not below the rank of Inspector may, upon a report in writing made by the Board or by \r\na person authorised by it in this behalf, or under the orders of the 1[Zila Nazim], enter any place \r\nlicensed for the exhibition of films in which there is reason to believe that the film has been or is \r\nbeing exhibited, search it and seize the film and projection equipment. \r\n(6) A copy of an order under sub-section (1) or sub-section (2), together with a statement of \r\nthe reasons thereof shall forthwith be forwarded to the Federal Government and the Federal \r\nGovernment may either discharge the order or, by notification in the official Gazette, direct that the \r\nfilm shall be deemed to be an uncertified film in respect of such area as may be specified in the \r\nnotification. \r\n9. Revisional powers of the Federal Government.―(1) Notwithstanding anything \r\ncontained in this Ordinance, the Federal Government may at any stage call for the record of any \r\nproceedings in relation to any film which is pending before or has been decided by the Board and, \r\nafter such inquiry into the matter as it considers necessary, and without notice to the person who has \r\napplied for certification of the film or to whom a certificate in respect of the film has been granted or \r\nto the distributor or exhibitor of such film, make such order in relation thereto as it thinks fit. \r\n(2) Without prejudice to the powers conferred on it by sub-section (1), the Federal \r\nGovernment may, by notification in the official Gazette, direct that― \r\n(a) a film or class of films in respect of which a certificate has been granted under \r\nthis Ordinance or under the Censorship of Films Act, 1963 (XVIII of 1963), \r\nshall be deemed to be an uncertified film or class of films in the whole or any \r\npart of Pakistan: \r\nProvided that no such order shall be made by the Federal Government unless it is satisfied \r\nthat it is necessary to do so in the interest of the glory of Islam or the integrity, security or defence of \r\nPakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, \r\nor to prevent the commission of, or incitement to, an offence; or \r\n(b) a film which has been sanctioned for unrestricted public exhibition under \r\nsection 5 or to which a “U” certificate has been granted under the Censorship \r\nof Films Act, 1963 (XVIII of 1963), shall be deemed to be a film in respect of \r\nwhich a restricted certificate has been granted. \r\n10. Information and documents to be given to distributors and exhibitors with respect to \r\ncertified films. Any person who, delivers any certified film to any distributor or exhibitor shall, in \r\nsuch manner as may be prescribed, notify to the distributor or exhibitor, as the case may be, the title \r\nand length of the film, the number and nature of the certificate gr anted in respect thereof and the \r\nconditions, if any, subject to which it has been granted and such other particulars as may be \r\nprescribed. \r\n11. Powers to direct exhibition of films for examination. For the purpose of exercising any \r\nof the powers conferred o n it by this Ordinance, the Federal Government or the Board may require \r\nany film to be exhibited before it or before any person specified by it in this behalf. \r\n \r\n1Subs. by Ordinance No. CVIII of 2002, s. 2 [31.10.2002] \r\n \r\nPage 7 of 9 \r\n \r\n12. Vacancies, etc., not to invalidate proceedings. No act or proceeding of the Board shall \r\nbe deemed to be invalid by reason only of the existence of a vacancy in, or defect in the constitution \r\nof, the Board. \r\nCHAPTER III \r\nREGULATION OF EXHIBITION BY MEANS OF CINEMATOGRAPH \r\n13. Licensing of places for exhibition of films.―(1) Save as otherwise provided in this \r\nChapter, no person shall give a public exhibition by means of cinematograph elsewhere than in a \r\nplace licensed under this Ordinance or otherwise than in compliance with any condition and \r\nrestriction imposed by such licence. \r\n(2) The authority having power to grant a licence under this Ordinance, hereinafter referred to \r\nas the licensing authority, shall be the Provincial Government: \r\nProvided that the Provincial Government may, by notification in the official Gazette, specify \r\nfor the whole or any part of the Province such other authority as it may specify in the notification to \r\nbe the licensing authority for the purposes of this Chapter. \r\n(3) The licensing authority shall not grant a licence under this Chapter in respect of any place \r\nunless it is satisfied that― \r\n(a) the rules made under this Chapter have been complied with ; and \r\n(b) adequate precautions have been taken in respect of the place for which the \r\nlicence is to be given to provide for the safety and health of persons attending \r\nexhibition therein. \r\n(4) Subject to the foregoing provisions of this section, the licensing authority may grant a \r\nlicence under this Chapter to such applicant as it deems fit and on such terms and conditions and \r\nsubject to such restriction as it may determine 1[, including the maximum charges for the admission \r\nof persons to the exhibition of a film in a place in respect of which such licence is granted]. \r\n \r\n(5) Where the authority specified by the Provincial Government under the proviso to sub -\r\nsection (2) to be the licensing authority consists of more persons than one, no decision of the \r\nlicensing authority shall be invalid by reason only of the existence of a vacancy in, or defect in the \r\nconstitution of, the said authority. \r\n14. Directions as to s creening of documentarise, etc. The Federal Government or the \r\nProvincial Government may, from time to time, issue to any person to whom a licence has been \r\ngranted under this Chapter any directions for the purpose of regulating the exhibition of any film or \r\nclass of films so that scientific films, films intended for educational or cultural purposes, films \r\ndealing with news or current events, documentary films and indigenous films secure an adequate \r\nopportunity of being exhibited, and such directions shall be deemed to be additional conditions and \r\nrestrictions subject to which the licence has been granted. \r\n \r\n \r\n1Added by the Motion Pictures (Amdt.) Ordinance, 1982 (7 of 1982), s. 2. \r\n \r\nPage 8 of 9 \r\n \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n15. Delegation of powers. The Federal Government may, b y notification in the official \r\nGazette, delegate all or any of the powers exerciseable by it under this Ordinance to such authority or \r\nperson as may be specified in the notification. \r\n \r\n16. Certain persons to be public servants. The Chairman, members and employees of a \r\nBoard and persons empowered under sub-section (4) of section 8 shall, when acting or purporting to \r\nact in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within \r\nthe meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860). \r\n17. Bar to legal proceedings.―(1) No suit or other legal proceeding shall lie against the \r\nFederal Government, a Provincial Government, a Board, or any officer or member thereof, as the \r\ncase may be, in respect of anything which is in good faith done or intended to be done under this \r\nOrdinance. \r\n(2) No Court shall grant an injunction or make any interim order in respect of any order \r\npassed under section 8 or section 9. \r\n18. Penalties and procedure.―(1) Whoever― \r\n(a) exhibits or causes or permits to be exhibited in any place, or abets the \r\nexhibition of, any film which has not been certified by the Board or which, \r\nwhen exhibited, does not display the prescribed mark or has been altered or \r\ntampered with since such mark was affixed thereto ; or \r\n(b) without lawful authority, alters or tampers with, in any way, any film after it \r\nhas been certified ; or \r\n(c) fails to comply with the provisions of section 5 or of any order made under \r\nthis Ordinance ; \r\nshall be punishable with imprisonment for a term which may extend to three years, or with fine \r\nwhich may extend to one lac rupees, or with both, and, in the case of a continuing offence, with a \r\nfurther fine which may extend to ten thousand rupees for each day during which the offe nce \r\ncontinues. \r\n(2) If the owner or person incharge of a cinematograph on any place uses it or allows it to be \r\nused in contravention of the provisions of this Ordinance or the rules made thereunder, or of the \r\nconditions and restrictions upon or subject to which any licence has been granted under this \r\nOrdinance, he shall be punishable, with imprisonment for a term which may extend to one year, or \r\nwith fine which may extend to ten thousand rupees, or with both, and, in the case of a continuing \r\noffence, with a further fine which may extend to two thousand rupees for each day during which the \r\noffence continues. \r\n(3) If any person is convicted of any offence punishable under sub-section (1) or sub-section \r\n(2) committed by him in respect of any film, the Court may further direct that the film and the \r\ncinematograph used for its exhibition may be forfeited to the Board. \r\n \r\n \r\nPage 9 of 9 \r\n \r\n1[(3A) Whoever charges for the admission of any person to the exhibition of a film in a place \r\nlicenced under this Ordinance any amount in excess of the maximum charges fixed under sub-\r\nsection (4) of section 13, or sells to any person a ticket for such admission at a cost higher than the \r\nmaximum charges so fixed, shall be punished with the punishment provided for in sub-section (2).] \r\n \r\n (4) Where the person convicted of an offence under this section is the holder of a licence \r\ngranted under section 13, the licensing authority may revoke the licence. \r\n(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of \r\n1898), no Court shall take cognizance of an offence punishable under this section except upon a \r\ncomplaint in writing made by the Board or the licensing authority or persons authorised by any of \r\nthem. \r\n19. Power to make rules.―(1) The Federal Government may, by notification in the official \r\nGazette, make rules2 for carrying out the purposes of this Ordinance. \r\n(2) In particular and without prejudice to the generality of the foregoing powers, such rules \r\nmay provide for all or any of the following matters, namely :― \r\n \r\n(a) the manner in which the Board may exercise its powers, including the \r\nestablishment of centers at different places and the delegation of any of the \r\npowers of the Board to any member nominated by the Federal Government in \r\nthat behalf ; \r\n \r\n(b) the procedure of the Board and all matters ancillary thereto, and the fees to be \r\ncharged by it. \r\n \r\n(c) the conditions subject to which any certificate may be granted under Chapter \r\nII and the circumstances in which such certificate shall be refused ; \r\n \r\n(d) the, manner in which appeals under section 7 may be preferred, heard, and \r\ndisposed of ; \r\n \r\n(e) the terms, conditions and restrictions, if any, under which licences may be \r\ngranted under Chapter 11 ; and \r\n(f) any other matter which is to be or may be prescribed. \r\n20. Power to exempt. The Federal Government may, by order in writing, exempt, subject to \r\nsuch conditions and restrictions, as it may impose, any film or class of films or cinematograph \r\nexhibition or class of cinematograph exhibitions from all or any of the provisions of this Ordinance \r\nor the rules made thereunder. \r\n \r\n21. Repeals and savings.―(1) The Cinematograph Act, 1918 (II of 1918), and the \r\nCensorship of Films Act, 1963 (XVIII of 1963), are hereby repealed. \r\n \r\n(2) Notwithstanding the repeal of any Act by sub-section (1), and without prejudice to the \r\nprovisions of section 24 of the General Clauses Act, 1897 (X of 1897), everything done, order \r\npassed, action taken or obligation, liability, penalty or punishment incurred under any of the \r\nprovisions of the said Act, shall, if not inconsistent with the provisions of this Ordinance, continue in \r\nforce and be deemed to have been done, passed, taken or incurred under the provisions of this \r\nOrdinance. \r\n \r\n1Ins. by the Motion Pictures (Amdt.) Ordinance, 1982 (7 of 1982), s. 3 \r\n2For such rules, see S.R.O. 279(I)/80, dated 8-3-80, Gaz. of P., 1980, Extra., P. 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