The West Bengal ( Compulsory Censorship Of Film Publicity Materials ) Act, 1974

West Ben. 
Act XXXIX 
of 1954. 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXX of 1974 
THE WEST BENGAL (COMPULSORY CENSORSHIP OF 
FILM PUBLICITY MATERIALS) ACT, 1974. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 17th May, 1974.] 
[17th May, 1974.] 
An Act to provide for compulsory censorship of publicity 
materials relating to fihns. 
WHEREAS it is expedient to provide for compulsory censorship of 
publicity materials relating to films; 
It is hereby enacted in the Twenty-fifth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. CO This Act may be called the West Bengal (Compulsory 
Censorship of Film Publicity Materials) Act, 1974. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force in such areas and on such dates as 
the State Government may, by notification, appoint and different dates 
may be appointed for different areas. 
2. In this Act, unless there is anything repugnant in the subject or Definitions. 
context,— 
(a) "Board" means the West Bengal Board of Censorship 
constituted under section 3; 
(b) "distributor" means a person who distributes film for the 
purpose of exhibition in cinema houses on commission; 
(c) "exhibitor" means a person who holds a licence under the 
West Bengal Cinemas (Regulation) Act, 1954; 
(d) "notification" means a notification published in the Official 
Gazette; 
(e) "prescribed" means prescribed by rules made under this 
Act; 
(f) "producer" means a person who produces and is the owner 
of a film intended for public display; 
Short title, 
extent and 
commencement. 
153 
The West Bengal (Compulsory Censorship of Film Publicity 
Materials) Act, 1974. 	
[West Ben. Act 
Board of Cen-
sorship. 
Censor Officer 
and other staff. 
(Sections 3, 4.) 
(g) "publicity material" means any material for giving publicity 
of a film which is produced in India or any country outside 
India and includes— 
(i) hoarding, showcard, insert, press design and 
enlargement, 
(ii) poster, 
(iii) still photo, 
(iv) cinema slide, 
(v) cinema still for publication in newspapers and 
periodicals, and 
(vi) such other material as may be prescribed. 
3. (1) For the purpose of granting Certificate of Censorship in 
respect of publicity material, the State Government may, by 
notification, constitute a Board to be called the West Bengal Board of 
Censorship which shall consist of a Chairman and not more than five 
other members appointed by the State Government. 
(2) The Censor Officer appointed under sub-section (1) of 
section 4 shall be the Member-Secretary to the Board. 
(3) The Chairman and the members of the Board shall hold 
office for such term as may be prescribed. 
(4) The Chairman of the Board shall receive such remunera-
tion as may be determined by the State Government and the 
members of the Board, other than the Censor Officer, shall receive 
such allowances or fees for attending meetings of the Board as may 
be prescribed. 
(5) The meetings of the Board shall be held at such place and 
time and in such manner as may be prescribed. 
4. (1) For carrying out the purposes of this Act the State 
Government shall appoint one Censor Officer and may also appoint 
such number of Assistant Censor Officers, Inspectors and Sub-
Inspectors as the State Government may think fit to assist the Censor 
Officer. 
(2) The Censor Officer, Assistant Censor Officers, Inspectors 
and Sub-Inspectors shall be appointed by the State Government in the 
Information and Public Relations Department. 
(3) The Censor Officer, Assistant Censor Officers, Inspectors 
and Sub-Inspectors shall received such salaries and allowances as may 
be determined by the State Government. 
154 
The West Bengal (Compulsory Censorship of Film Publicity 
Materials) Act, 1974. 
XXX of 1974.] 
(Sections 5-7.) 
(4) The Censor Officer, and the Assistant Censor Officers, 
Inspectors and Sub-Inspectors when so authorised by the Board, may 
inspect any cinema house and may call for any document relating to 
any publicity -material from any distributor, producer or exhibitor for 
inspection. 
(5) The Censor Officer, Assistant Censor Officers, Inspectors 
and Sub-Inspectors shall perform such other functions as may be 
prescribed. 
5. (1) If any distributor, producer or exhibitor wants to display in 
the lobby of a cinema house or outside the cinema house or in any 
public place 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 material along with the application 
in such manner as may be prescribed. 
(2) The distributor, the producer or the exhibitor, as the case 
may be, shall, while making the application under sub-section (1), pay 
such fee as may be prescribed. 
6. CO The Censor Officer shall examine the publicity material 
submitted under section 5 and place the publicity material together 
with his recommendations, if any, before the Board for its 
consideration. 
(2) If after examining the publicity material and the 
recommendations of the Censor Officer the Board considers that the 
publicity material is free from obscenity and is suitable for public 
display it shall grant a Certificate of Censorship in such form and in 
such manner as may be prescribed which shall be signed by the 
Censor Officer or in his absence by such Assistant Censor Officer as 
may be empowered in this behalf by the Board and the publicity 
material shall then be returned to the person who submitted it. 
(3) No distributor, producer or exhibitor shall display any 
publicity material in respect of which a Certificate of Censorship has 
not been granted under this Act. 
7. (1) Any person aggrieved by any decision of the Board may, 
within thirty days from the date of receipt of such decision, prefer an 
appeal to such authority as the State Government may prescribe and 
such authority may, after such inquiry as it considers necessary and 
after giving the appellant an opportunity for representing his views in 
the matter, make such order in relation thereto as it thinks fit. 
Application for 
certificate of 
censorship. 
Grant of 
Certificate of 
Censorship. 
Appeal. 
155 
The West Bengal (Compulsory Censorship of Film Publicity 
Materials) Act, 1974. 
[West Ben. Act 
Penalty. 
Validation. 
Members of the 
Board to be 
public servants. 
Bar to legal 
proceeding. 
(Sections 8-13.) 
(2) The decision of the authority referred to in sub-section (1) 
shall be final. 
8. (1) If any person displays any publicity material which has not 
been certified by the Board and signed by the Censor Officer under 
section 6, he shall be punishable with imprisonment which may extend 
to six months or with fine which may extend to one thousand rupees or 
with both and in the case of a continuing offence with a further fine 
which may extend to one hundred rupees for each day during which the 
offence continues. 
(2) If any person is convicted of an offence punishable under 
this section the convicting Court may further direct that the publicity 
material in respect of which the offence has been committed be 
forfeited to the State Government. 
9. No act or proceeding of the Board shall be deemed tote invalid 
by reason only of a vacancy in, or any defect in, the constitution of the 
Board. 
10. The members of the Board shall, when acting or purporting to 
act in pursuance of the provisions of this Act, be deemed to be public 
servants within the meaning of section 21 of the Indian Penal Code. 
11. No suit or other legal proceeding shall lie against the members 
of the Board and the persons appointed under this Act in respect of 
anything which is in good faith done or intended to be done under this 
Act. 
45 of 1860. 
Offences under 	 12. Offences under this Act shall be considered to be cognizable 
this Act consid- offences as defined in the Code of Criminal Procedure, 1973. ered cogni-
zable. 
Power to make 13. (1) The State Government may, by notification, make rules 
mles. 	 for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power such rules may provide for all or any of the following 
matters, namely:— 
(a) the term of office of the Chairman and the members of the 
Board; 
(b) the allowances or fees of the members of the Board; 
(c) the place and time at which and the manner in which 
meetings of the Board shall be held; 
(d) the other functions of the Censor Officer, Assistant Censor 
Officers, Inspectors and Sub-Inspectors; 
2 of 1974. 
156 
XXX of 1974.] 
The West Bengal (Compulsory Censorship of Film Publicity 
Materials) Act, 1974. 
(Section 13.) 
the form of application for a Certificate of Censorship; 
the manner of submitting publicity materials; 
the fee to be paid for Certificate of Censorship; 
(h) the form and the manner in which the Certificate of 
Censorship shall be granted; 
the authority to whom appeal shall be preferred under sub-
section (1) of section 7; and 
(I) any other matter which may be or is required to be 
prescribed. 
157 

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