The West Bengal Prohibition Of Audio-video Piracy Act, 2013

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Extraordinary 
Published by Authority 
Registered No. WB/SC-247 	 No. WB(Part-III)/2014/SAR-5 
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PAUSA 20] 	 FRIDAY, JANUARY 10, 2014 	 [SAKA 1935 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 56-L.-10th January, 2014.—The following Act of the West Bengal Legislature, having been assented by 
the Governor, is hereby published for general information: 
West Bengal Act XXIII of 2013 
THE WEST BENGAL PROHIBITION OF 
AUDIO-VIDEO PIRACY ACT, 2013. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 10th January, 2014.] 
An Act to prohibit audio-video piracy of the original work relating to cinematograph 
film and sound recording over which the copyright of the author subsists and for 
certain matters connected therewith and incidental thereto; 
WHEREAS it is considered necessary and expedient to prohibit audio-video piracy 
of the original work relating to cinematograph film and sound recording over which 
the copyright of the author subsists and the matters connected therewith and incidental 
thereto; 
AND WHEREAS it is further considered necessary and expedient to prohibit the 
mushroom growth of illegal trading, selling or hiring of duplicate copies of 
cinematograph film and sound recording, in the public interest and to provide an 
effective penal provision in order to prohibit such illegal activities of audio-video 
piracy; 
2 	
THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2014 	 [PART III 
The West Bengal Prohibition of Audio-Video Piracy 
Act, 2013. 
(Sections 1-5.) 
It is hereby enacted in the Sixty-fourth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:- 
Short title and 
commencement. 
1. (1) This Act may be called the West Bengal Prohibition of Audio-Video 
Piracy Act, 2013. 
(2) It shall be deemed to have come into force on the 6th November. 2013. 
Definitions. 
Prohibition of 
audio-video 
piracy, search 
and seizure of 
articles etc. 
Offences and 
Penalties. 
Enhanced 
penalties. 
2. In this Act, unless the context otherwise requires,— 
(a) "author" means in relation to a cinematograph film or sound recording, 
the producer; 
(b) "original work" means the work over which copyright of the author 
subsists; 
(c) "Audio-Video Piracy" means duplicating the original work without 
authorisation of the author in respect of cinematograph film and sound 
recording, with a view to trading, selling or hiring of those duplicate 
copies and includes any form of storage, distribution of such duplicate 
copies for the purpose of trading, selling or hiring; 
(d) "prescribed" means prescribed by rules made under this Act; 
(e) "State Government" means the Government of West Bengal. 
3. (1) Audio-Video Piracy in any form is prohibited and commission of the 
same shall be an offence and punishable under this Act. 
(2) An officer not below the rank of sub-inspector of police shall have the power 
to enter any land or premises to search and seize the duplicate copies of original work 
relating to cinematograph film and sound recording and other equipments, instruments, 
machineries used for the purpose of audio-video piracy. 
(3) The provisions relating to search and seizure contained in the Code of 
Criminal Procedure, 1973, shall, mutatis mutandis, apply. 
4. (1) Any person who commits audio-video piracy or abets the offence relating 
to audio-video piracy, shall be punishable with imprisonment for a term which shall 
not be less than three years but which may extend to seven years, and with fine which 
shall not be less than rupees twenty-five thousand but which may extend to rupees 
one lakh. 
(2) Every such offence shall be cognizable and non-bailable. 
5. Whoever having already been convicted of an offence under this Act, shall 
be punishable for the second and for every subsequent offence, with imprisonment 
which shall not be less than five years but which may extend to ten years, and with 
fine which shall not be less than rupees one lakh but which may extend to rupees 
two lakh. 
2 of 1974. 
PART 111] 	
THE KOLKATA GAZFI 1E, EXTRAORDINARY, JANUARY 10, 2014 	 3 
Offences by 
companies. 
Protection of 
action taken in 
good faith. 
Power to make 
rules. 
Power to remove 
difficulties. 
Repeal and 
saving. 
The West Bengal Prohibition of Audio-Video Piracy 
Act, 2013. 
(Sections 6-1a) 
6. Where an offence under this Act has been committed by a Company, every 
person, who at the time the offence was committed, was in charge of, and was 
responsible to, the company for the conduct of the business of the company, as well 
as the company, shall be deemed to be guilty of the offence and shall be liable to 
be proceeded against and punished accordingly: 
Provided that nothing contained in this sub-section shall render any such person 
liable to any punishment, if he proves that the offence was committed without his 
knowledge or that he had exercised all due diligence to prevent the commission of 
such offence. 
7. No suit, prosecution or other legal proceeding shall lie against any officials 
of State Government or any officer or employee thereof for anything, or any damage 
caused or likely to be caused by anything, which is in good faith done or intended 
to be done under this Act or rules made thereunder. 
8. (1) The State Government may, by notification in the Official Gazette, make 
rules for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the foregoing power, 
such rule may provide for any matter which is required to be, or may be, prescribed. 
(3) Every rule and notification made by the State Government under this Act 
shall be laid, as soon as may be after it is made, before the State Legislature, while 
it is in session, for a total period of fifteen days which may be comprised in one 
session or two or more successive sessions, and if, before the expiry of session 
immediately following the session or the successive sessions aforesaid, the State 
Legislature agrees in making any modification in such rule or notification or the State 
Legislature agrees that the rule or notification should not be made, the rule or 
notification shall thereafter have effect only in such modified form or be of no effect, 
as the case may be so, however that such modification or amendment shall be without 
prejudice to the validity anything previously done under that rule or notification. 
9. If any difficulty arises in giving effect to the provisions of this Act, the State 
Government may take such steps or issue such orders not inconsistent with this Act 
as may be necessary for the removal of the difficulty: 
Provided that no such order shall be made after the expiry of a period of two 
years from the date of commencement of this Act. 
10. (1) The West Bengal Prohibition of Audio-Video Piracy Ordinance, 2013 
is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken under the 
West Bengal Prohibition of Audio-Video Piracy Ordinance, 2013 shall be deemed 
to have been validly done or taken under this Act. 
West Ben. 
Ord. Ill of 2013. 
By order of the Governor, 
MALAY MARUT BANERJEE, 
Secy. to the Govt. of West Bengal, 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056. 

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