GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act ix of 1988 THE WEST BENGAL (COMPULSORY CENSORSHIP OF FILM PUBLICITY MATERIALS) (AMENDMENT) ACT, 1988. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 11th July, 1988.] West Ben. Act XXX of
1974. [11th July, 1988.] An Act to amend the West Bengal (Compulsory Censorship of Film Publicity Materials) Act, 1974. WHEREAS it is expedient to amend the West Bengal (Compulsory Censorship of Film Publicity Materials) Act, 1974, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. This Act may be called the West Bengal (Compulsory Censorship Short title. of Film Publicity Materials) (Amendment) Act, 1988.
2. In section 5 of the West Bengal (Compulsory Censorship of Amendment ion 5 Film Publicity Materials) Act, 1974 (hereinafter referred to as the of of We sect st Ben. principal Act), after sub-section (2), the following sub-section shall be Act XXX of inserted:— 1974. "(3) Every distributor, producer or exhibitor shall, before he makes any application to the Board under sub-section (1), get himself enrolled as distributor, producer or exhibitor, as the case may be, in such manner as may be prescribed.".
3. In section 6 of the principal Act, after sub-section (3), the following sub-section shall be inserted:— "(4) No distributor, producer or exhibitor shall display any publicity material without exhibiting thereon such mark of censorship in such manner as, may be prescribed.". Amendment of section 6. 119 The West Bengal (Compulsory Censorship of Film Publicity Materials) (Amendment) Act, 1988. [West Ben. Act IX of 1988.] Insertion of new section
6A. Amendment of section 8. Insertion of new section
8A. (Sections 4-6.)
4. After section 6 of the principal Act, the following section shall be inserted:— "Removal of 6A. (1) If any person displays any publicity publicity materials material which has not been certified by the in certain cases. Board and signed by the Censor Officer under section 6, the Censor Officer or any officer authorised by him in this behalf shall serve a notice on such person requiring him to remove the publicity material within the period specified in the notice.
(2) If the publicity material is not removed within the period specified in the notice, the Censor Officer or the officer authorised under sub-section (1) shall remove the publicity material and may, if necessary, ask the police for assistance in removing the publicity material.".
5. In section 8 of the principal Act,—
(1) in sub-section (1),—
(a) for the words "which may extend to six months or with fine which may extend to one thousand rupees", the words "which may extend to three years or with fine which may extend to five thousand rupees" shall be substituted, and
(b) for the words "one hundred rupees", the words "one thousand rupees" shall be substituted;
(2) after sub-section (2), the following sub-sections shall be inserted:— "(3) If any distributor, producer or exhibitor fails to maintain any prescribed register of film publicity materials in the manner prescribed, 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.
(4) If any person fails to comply with the notice served on him under sub-section (1) of section 6A, 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.".
6. After section 8 of the principal Act, the following section shall be inserted:— "Power of 8A. (1) Where any publicity material which seizure. has not been certified by the Board and signed by the Censor Officer under section 6 is displayed, any police officer may enter any place in which he has reason to believe that the publicity material is kept, search it and seize the publicity material.
(2) All searches under this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973, relating to searches.". 2 of 1974. 120 Page 1 Page 2