On 7-6-2024, the Ministry of Information and Broadcasting notified the Cinematograph (Adjudication of Penalty) Rules, 2024 to empower authorized officer to report violation and impose penalty. The provisions came into force on 7-6-2024.
Key Points:
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Authorized officer for adjudicating penalty will be appointed by the Central Government which cannot be below the rank of Under Secretary.
For states, the State Government will publish an order and appoint such number of officers which will not be below the rank of an Additional District Magistrate or Additional Collector or Additional Deputy Commissioner of a District or Under Secretary in the State Government.
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Powers of authorized officer (‘AO’):
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To enter a place of exhibition and report violations;
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To summon and enforce the attendance of any person acquainted with the facts and circumstances of the case;
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To order evidence (including video surveillance footage, ticket scans).
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Factors to be considered by the AO while adjudicating quantum of penalty:
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nature of the violation;
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the amount of disproportionate gain or unfair advantage, wherever quantifiable, made because of the violation;
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repetition of the violation;
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balance of hardships.
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In case, any person fails to reply to the show cause notice or refuses to appear, the AO can pass an order imposing penalty in the absence of person after recording the reasons.
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Passing & Disclosure of the order of penalty:
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AO will have to pass order within 90 days from the issue of date of notice;
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If the order is passed after expiration of 90 days, reasons for delay should be recorded.
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No order passed by AO can be considered as invalid just because of the delay.
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Appeals:
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can be filed in writing before the deputy secretary or director to the central Government or the district magistrate of the relevant district;
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It must be filed 30 days from the date on which a copy of the order was made by the AO;
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Penalty will be paid only through the e-cinemapramaan portal.
