Ministry of Information and Broadcasting (“MIB”), vide notification dated June 7, 2024, has issued the Cinematograph (Adjudication of Penalty) Rules, 2024. The key provisions are as follows:
The key provisions are as follows:
- the authorised officer appointed under the said Rules can exercise the following powers, namely: a) enter the place of exhibition or authorise any officer to enter the place of exhibition and to report the violation; b) summon and enforce the attendance of any person acquainted with the facts and circumstances of the case after recording reasons in writing; and c) order for evidence, including video surveillance footage, ticket scans or to produce any document, which in the opinion of the authorised officer may be relevant;
- before adjudging the penalty, the authorised officer must issue a show cause notice to the person who is in default, to show cause within such period as may be specified in the notice (not being less than 15 (fifteen) days and not more than 30 (thirty) days from the date of service thereon), providing the reasons for which the penalty should not be imposed;
- while determining the quantum of the penalty, the authorised officer must consider the nature of the violation, any quantifiable disproportionate gain or unfair advantage resulting from the violation, repetition of the violation, and balance of hardships;
- an appeal against the order of the authorised officer may be filed in writing before the deputy secretary or director to the Central Government (where the authorised officer is the undersecretary) or the district magistrate of the relevant district (where the authorised officer is the additional district magistrate); and
- all sums realised by way of penalties under the principal act must be credited to the Consolidated Fund of India.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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