THE UTTAR PRADESH OBSCENE CINEMA POSTERS
(PROHIBITION) RULES, 1979[1] In exercise of the powers under
Section 15 of the Uttar Pradesh Obscene Cinema Posters (Prohibition) Ordinance,
1979 (U.P. Ordinance No. 15 of 1979), the Governor is please to make the
following rules :-- (1) These
rules may be called the Uttar Pradesh Obscene Cinema Posters (Prohibition)
Rules, 1979, (2) They
shall come into force with immediate effect. (3) They
shall extend to the whole of Uttar Pradesh. In these rules unless the context
otherwise requires-- (i) 'Government'
means the Government of Uttar Pradesh ; (ii) 'Ordinance'
shall mean the Uttar Pradesh Obscene Cinema Posters (Prohibition) Ordinance,
1979. (1) A meeting
of the Screening Committee shall be called by the Chairman of the Committee at
the appointed time and place within three days from the date of receipt of the
application under sub-section (1) of Section 5 of the Ordinance for permission
to print, publish, distribute or display a poster. (2) The
presence of atleast two members of the Committee excluding the Chairman shall
be necessary for taking a decision. (3) The
decision shall be taken by a majority of the members present and in case of a
tie the Chairman will have a casting vote to decide the matter. (1) An
application under sub-section (1) of Section 5 of the Ordinance for permission
to print, publish, distribute or display a poster shall be submitted to the
Chairman of the Screening Committee, at least 15 days before the intended
exhibition along with a copy of the poster or its true photograph for the
examination of the Screening Committee. (2) The application
referred to under sub-rule (1) above shall, inter alia, give the following
information :-- (i) Name of
the film to which the poster / posters in respect of which permission is
required, relate. (ii) Number
and date of Censorship Certificate of the film. (iii) Name an
full address of the Producer, distributor and Exhibitor of the film. (iv) Name of
the Cinema and place where the film is propose to be exhibited and the date
from which the exhibition is proposed. (v) Number of
posters in respect of which permission is require. (vi) Whether
permission is required for printing / publishing the distribution/display of
poster or only for its distribution or display. (vii) In case
permission is required only for distribution or display of the poster then it
should be clearly stated as to who printed or published the poster. (viii) A
certificate to the effect that the poster for which permission is required does
not depict or represent or purport to represent a scene or shot which has been
excised from the film to which it relates under the orders of the Central Board
of Film Censor or the Central or the State Government. The decision of the Screening
Committee refusing the permission under sub-section (2) of Section 5 of the
Ordinance or granting the permission shall be communicated to the applicant as
also the Entertainment Tax Commissioner and the District Magistrate of the
District in which the poster in question is proposed to be exhibited. (1) Any
person who has been prosecuted or is likely to be prosecuted for any offence
under the Ordinance may at any time either before or after the prosecution has
been launched, either himself or through any person or counsel duly authorised
in this behalf, apply to the District Magistrate concerned for the composition
of the offence. (2) On
receipt of the application for composition of an offence the District
Magistrate may require the applicant or his duly authorised agent to appear
personally before him, who after hearing him and giving him a reasonable
opportunity to explain, may require him to deposit such sum of money, not
exceeding one thousand rupees, by way of composition for the offence and order
that the person concerned shall be discharged and no other proceedings shall be
taken against him after he has deposited the said amount. A list of posters, records,
registers, documents or any other material seized or proposed to be seized and
taken into possession by the District Magistrate shall be made in duplicate on
the spot and signed by him as well as the person incharge of the place or his
agent in the presence of at least two witnesses and one copy thereof shall be
handed over to such person or his agent and a receipt therefor obtained from
him. Where a person has been convicted
by any Court for contravening any provision of this Ordinance, the Court may
direct that any poster or other document (including all copies thereof) article
or thing printed, published, distribute or displayed in respect of which the
contravention is made, shall be withdrawn from exhibition and forfeited to the
Government. This shall also apply where the offence is compounded by an order
of the District Magistrate. [1] Vide
Notification No. XX--R (5) 78--Finance (Entertainment Tax) Section, dale August
16, 1979, published in U.P. Gazette, Extra., dated 16th August, 1979PREAMBLE