Ordinance II of 1979 · 9 pages
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Updated till 14.04.2023
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
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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.
1
For 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 writing,
authorise such persons as it may deem fit for such area as may be specified in the order.
1
Subs. by Ordinance No. CVIII of 2002, s. 2.
Page 5 of 9
(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 granted 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 on 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.
1
Subs. by Ordinance No. CVIII of 2002, s. 2 [31.10.2002]
Page 6 of 9
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 screening 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.
1
Added 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, by 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 offence
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.
Page 8 of 9
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.
1
Ins. by the Motion Pictures (Amdt.) Ordinance, 1982 (7 of 1982), s. 3
2
For such rules, see S.R.O. 279(I)/80, dated 8-3-80, Gaz. of P., 1980, Extra., P. II, pp. 306-23.
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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