(1) After an application under rule 21 for the certification of a film, complete in all respects (including the proof of payment of fee) is received, the Board shall scrutinize the application within seven days from the receipt thereof.
(2) On receiving an intimation from the applicant that a clear runnable print of the film is available for examination, the Board shall, within fifteen days therefrom refer the film for examination to an Examining Committee.
1 . inserted by G.S.R. 413 (E) dated29.5.84.
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(3) The films may be referred to the Examining Committee in the order in which the applications are received:
Provided that the regional officer may on receipt of a written request from any applicant, if satisfied that there are grounds for an early examination, alter the order of examination of the film after recording the reasons in writing.
(4) (a) In case where the Examining Committee, after examination of the film, considered that a scrutiny of the shooting script is necessary or the authenticity of the incidents depicted in a film of historical, mythological, biographical or legendary nature is to be verified, a provisional report to that effect shall be submitted by the regional officer to the Chairman within a maximum of three working days after such examination.
(b) A written communication shall be sent to the applicant within a maximum of three working days following the receipt of the Chairman’s order on the provisional report referred to in clause (a) and the applicant shall submit the script or the authentic sources on which the subject of his film, is based within ten days from the date of receipt of such communication.
(c) In case, where the members of the Examining Committee after the examination of the film submit to the Chairman a provisional report indicating that expert opinion on subjects depicted in the film such as subjects relating to defense or foreign relations or any particular religion or law or medicine or any other subject, should be sought before the final report is submitted, the Chairman may after taking into consideration the circumstances of the case specify a time limit for obtaining the expert opinion and for the submission of the final report of the Examining Committee thereafter.
(d) In other cases, the script submitted by the applicant or the authentic sources furnished by him shall be scrutinised by the examining officer and the final report of the Examining Committee shall be forwarded by the examining officer to the Chairman within ten days from the date of receipt of the script or the authentic sources, as the case may be.
(5) (a) On receipt of the orders of the Board on the recommendations of the Examining Committee, in case where sub-section (2) of section 4 is applicable, the communication to the applicant shall be issued within three days.
(b) The applicant shall submit his reply within fourteen days of the receipt of the communication.
(6) In case where the film is not referred to a Revising Committee, certificate shall be issued or decision communicated within seven days.
(7) (a) In cases where a film is to be referred to a Revising Committee, Revising Committee shall be constituted within twenty days from the receipt of the necessary documents from the applicant.
(b) The provisions of sub-rule (3) to (6) shall apply mutates mutandis to the examination of films by the Revising Committee.
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(c) When a film is referred to another Revising Committee or to the Board in terms of proviso to sub-rule (12) of rule 24, the time-limit will be further extended on the lines of
(a) and (b) of this sub-rule.
(8) The applicant shall surrender the cuts, if any, and the affected reels together with full particulars thereof, within a period of fourteen days from the date of receipt of the final orders of the Board under section 4:
Provided that where the applicant applies to the Board that he intends to appeal against the orders of the Board, the Board may extend the period specified above for surrender of the cuts by such period as it thinks fit, but in any case not beyond fourteen days from the date of disposal of the appeal or from the date of expiration of the period for filing the appeal in cases where no appeal is filed.
(9) The cuts and the affected reels shall be examined by the regional officer within ten days of the submission of the same.
(10) If the cuts are found to be adequate on the scrutiny of the relevant reels and all particulars necessary for the presentation of the certificate are fully furnished, certificate shall be prepared and issued within five days of the deposit of a copy of the film or script, as the case may be, as required under these rules.
(11) If however the cuts are found to be inadequate on a scrutiny of the relevant reels, the regional officer shall record the same on the file and send within two days a further communication to the applicant for compliance with the orders of the Board.
(12) The applicant shall submit further cut to the regional officer within three days from the date of receipt of the communication.
(13) The regional officer shall again verify further cuts and the reels within five days of the receipt of the same and if the cuts are found to be adequate a certificate shall be issued.
(14) The Chairman may, for reasons to be recorded in writing, relax the time-limits prescribed by this rule for the performance of any act if he is satisfied that it is necessary so to do to avoid any undue hardship.
Explanation - In calculating the periods specified in this rule working days alone shall be taken into account and Sundays and other holidays shall be excluded.
42. Preservation of records of certification of films - (1) Records of certification of feature/ long film shall be preserved by the Board for a minimum period of twelve years.
(2) Records of certification of all short films shall be preserved by the Board for a minimum period of two years:
Provided that in the case of short films if there be cuts made by the Board or alterations made therein under rule 33 or if complaints have been received against the film, records of certification of the film shall be preserved for a minimum period of twelve years.
40 43 Terms and conditions of service of the Chairman and members of the Appellate Tribunal : - (1) The Chairman and members of the Appellate Tribunal shall hold office during the pleasure of the Central Government.
(2) Subject to the provisions of sub-rule (1), the Chairman of the Appellate Tribunal shall hold office for a period of three years and shall continue to hold office until his successor is appointed.
(3) Subject to the provisions of sub-rule (1), every other member of the Appellate Tribunal shall hold office for a period not exceeding three years.
(4) A retiring Chairman or a member of the Appellate Tribunal whose term of office has expired by efflux of time shall be eligible for re-appointment.
(5) Notwithstanding anything contained in the foregoing sub-rules, when the Chairman of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may appoint another person to discharge the functions of the Chairman until the Chairman resumes his duties.
(6) The Central Government may, after consultation with the Chairman of the Appellate Tribunal, appoint any person whom it thinks fit to be a member of the Appellate Tribunal:
Provided that the Central Government may, for reasons to be recorded in writing, dispense with such consultation.
(7) A casual vacancy in the membership of the Appellate Tribunal caused by the resignation, death or removal of any member or otherwise shall be filled by fresh appointment and the person so appointed shall hold office for a period not exceeding three years.
(8) The Central Government may remove from office any member of the Appellate Tribunal before the expiration of his term of office:
Provided that a member appointed to the Appellate Tribunal after consultation with the Chairman of the Appellate Tribunal shall not be so removed except on the recommendation of or after consultation with the Chairman of the Appellate Tribunal.
(9) For the purpose of enabling the Appellate Tribunal to perform its functions under the Act, the Central Government may appoint a Secretary to the Appellate Tribunal and such other officers for the Appellate Tribunal as may be considered necessary.
Provided that the Central Government may delegate to the Chairman of the Appellate Tribunal subject to such conditions and limitations, if any, as may be specified by it, the power of appointment conferred on it under this sub-rule, other than the powers of appointment in relation to the post of Secretary to the Appellate Tribunal:
Provided further that the Chairman of the Appellate Tribunal may grant leave to or suspend or remove from service any officer appointed by him under the powers delegated to him under this sub-rule.
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(10) The Secretary to the Tribunal and other officers appointed under sub-rule (9) shall perform such duties as may be assigned to him by these rules or by the Chairman of the Appellate Tribunal.
(11) Notwithstanding anything contained in the foregoing sub-rules, the Chairman of the Appellate Tribunal may, for the purpose of enabling the Tribunal to discharge its functions under the Act, make appointments to posts other than Group A posts and may assign to the persons holding such posts duties as he may deem fit.
(12) The Chairman of the Appellate Tribunal, if he is a paid full time officer, shall receive such pay and allowances as are admissible to a serving Judge of a High Court. He shall be entitled to all facilities and concessions not less favourable than those admissible to a serving Judge of a High Court:
Provided that in this case of a retired Judge of a High Court re-employed as Chairman of the Appellate Tribunal, the pay and other terms and conditions of service shall be the same as are applicable to re-employed Judges of High Courts under the orders of the Central Government.
(13) Every honorary member (including the Chairman where he does not receive any salary) may, -
(a) If he is an outstation member,
(i) travel by air or by train as admissible according to the orders issued by the Central Government from time to time in respect of journeys undertaken by him for the performance of his duties as such member.
(ii) be paid a consultancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 100 for each day of such preview or meeting; and
(iii) be paid daily allowance at the rate of Rs. 50 per day for the day preceding the meeting and that following the meeting, if the member actually stays at the place of the meeting:
(b) if he is a local member, be paid a consultancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 500* per day for each day of such preview or meeting.
Provided that daily allowance will not be admissible in addition for the day or days for which consultancy fee is paid.