Section 18: Penalties and procedure.―(1) Whoever―

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 license 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. 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 providtd for in sub-section (2).] (4) Where the person convicted of an offence under this section is the holder of a license granted under section 13, the licensing authority may revoke the license. (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.

Effective date: 1979-01-01

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