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PREAMBLE: |
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Whereas, it is expedient to systematize the production,
exhibition and distribution of motion picture throughout
the Kingdom of Nepal for the convenience of the
people in general.
Now, therefore, His Majesty the King Mahendra Bir
Bikram Shah Dev has, on the advice and with the consent
of the Rastriya Panchayat, enacted this Act.
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1. |
Short title, extent and commencement: |
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(a) This Act may be called as the "Motion Picture
(Production, exhibition and distribution) Act, 2026 B.S.
( 1969 A.D.) ." |
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(b) This Act shall extent throughout the Kingdom
of Nepal. |
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(c) This Act shall come into force at once. |
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2. |
Definitions: Unless the subject or the context
otherwise requires, in this Act; |
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(a) " Film Censor Board " means the Board
constituted pursuant to Section 7. |
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(b) "Cinema Hall" includes the main cinema
hall and other houses within its premises to exhibit motion
picture. |
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(c) "Prescribed" or " as prescribed"
means prescribed or as prescribed in the rules framed
under this Act. |
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3. |
License to be obtained for Production, Distribution
and Exhibition of Motion Picture: No one shall
produce, distribute or exhibit the following motion pictures
without obtaining license from Government of Nepal or
by an officer prescribed by Government of Nepal: |
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(a) Feature film and, |
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(b) Other types of motion picture as prescribed by Government
of Nepal upon a notification published in the Nepal Gazette
from time to time. |
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(2) The format of application to be submitted for production,
distribution or exhibition of motion pictures pursuant
to sub-section (1), the format of license and the conditions
to be followed by the licensee and the payable fee shall
be as prescribed. |
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(3) The duration of license to be granted for the distribution
of motion pictures shall be as prescribed. |
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4. |
License to be obtained for operation of Cinema
Hall after its construction: |
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(1) No one shall construct a cinema hall? without obtaining
license from Government of Nepal or the authority as prescribed
by Government of Nepal. |
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(2) The format of application to be submitted in order
to obtain the license for construction of a cinema hall*
pursuant to sub-section (1), the format of license and
the conditions to be followed as well as the fee payable
by the licensee shall be as prescribed. |
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(3) Upon the submission of application as referred to
in sub-section (2), Government of Nepal may issue license
considering specially the following matters :- |
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(a) While permitting to construct a cinema hall as per
the application, disturbance and inconvenience to any
school, hostel, hospital, place of public importance,
institutions or governmental office.
(b) Necessity of such cinema hall on the basis of population.
(c) Submission of design of the cinema hall has sufficient
arrangement, as prescribed, for safety, health and facilities
for audiences.
(d) Whether or not such license may be issued as per the
other Nepal law. |
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5. |
Cinema Hall to be constructed: |
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(1) The person who has obtain the license to construct
the cinema hall under this Act shall have to complete
the construction of the cinema hall as per the approved
design within two years from the date of obtaining of
such license.
Provided that if such licensee fails to complete the construction
of cinema hall within such period due to any reasonable
ground, Government of Nepal may extent such time limit
for upto two years from time-to-time. |
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(2) In cases the licensee fails to complete the construction
of cinema hall within the time limit as referred to
in sub-section (1), the license obtained by him shall
ipso facto be cancelled. |
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6. |
Inspection of Cinema Hall: |
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(1) The Chief District Officer* may inspect a Cinema
hall at any time to ensure that whether necessary arrangement
of safety, health and convenience for the audience pursuant
to this Act or the rules framed under this Act have been
provided in any cinema hall and whether the prevailing
Nepal laws has been followed or not in the course of exhibition
of motion pictures. |
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(2) For the purpose of inspection pursuant to sub-section
(1), the Chief District Officer* may inspect or cause
to be inspected the Cinema hall at any time. |
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(3) If any cinema hall found the lack of necessary arrangement
of safety, health and convenience for audiences as prescribed
manner or if it has been found that the prevailing Nepal
law has not been followed in the course of exhibition
of motion pictures, the Chief District Officer may order
to close down the cinema hall or stop the exhibition of
motion picture.
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(4) The person who is not satisfied with the order
of the Chief District Officer* issued under this section,
may file an appeal before Government of Nepal within
thirty-five days from the date of issuing such order. |
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7. |
Film Censor Board: |
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(1) Government of Nepal may constitute a Film Censor
Board or committees as per necessity to inquire whether
or not it is appropriate to grant license to exhibit any
motion picture pursuant to Section 8. Each Board shall
have a Chairperson and members as nominated by Government
of Nepal. They shall assume their posts up to the period
as prescribed by Government of Nepal.* |
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(2) The Chairperson or the members of the Committee constituted
pursuant to sub-section (1) shall receive the remuneration,
as prescribed, from the person desiring to have censored
the motion pictures. |
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(3) The Film Censor Board may systematize their procedure
by themselves. |
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(4) Government of Nepal may direct to the Film Censors
Board from time-to-time as it deems necessary and it shall
be the duty of the Board to abide by such directions. |
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8. |
Censor of Motion Pictures: |
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(1) Any person who has obtained the license shall make
an application to the Film Censors Board in the format
as prescribed before the exhibition of any motion picture
and the Board shall also censor such motion picture and
decide to give or not to give the permission as per below
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(a) To permit the said motion picture to exhibit publicly
without prescribing any condition. |
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(b) To permit to exhibit publicly subject to any alteration,
modification or abiding by any other conditions and restrictions. |
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(c) To permit prescribing the condition that the said
motion picture shall be exhibited publicly for the adults
above the age of sixteen years or |
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(d) Refuse to give permission the motion picture for
public exhibition. |
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(2) The Film Censors Board shall give reasonable opportunity
to the applicant to express his view prior to make decision
whether or not the permission be given under clause (b),
(c) or (d) of sub- section (1). |
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(3) If any motion picture or any part thereof found
aversion or enmity or undermine towards His Majesty
King or the royal family or which may jeopardize the
security, peace and order of the Kingdom of Nepal or harm
to the harmonious relation subsisting with the foreign
states or the peoples of various castes or tribes or which
may cause negative impact to the public interest or descent
behavior or morality or defame any person or contempt
of court or incitement to any offence, the Motion picture
Censors Board shall not permit such motion picture to
exhibit.
Provided that if the motion picture is not found prejudicial
to this sub-section while causing exhibited after having
altered or modified of any part of the motion picture,
the Film Censor Board may grant certificate to exhibit
the motion picture after altering or modifying as per
necessity. |
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(4) If Government of Nepal thinks that the motion picture
already permitted by the Film Censor Board for exhibition
may me prejudicial to sub-section (3), Government of Nepal
may, at any time, direct to stop the exhibition of the
motion picture or may order to exhibit the sane with alteration
or modification as seen necessary. |
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(5) Any person who is aggrieved by any decision of
the Film Censor Board made under this Section may appeal
before Government of Nepal within thirty-five days of
such decision. |
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9. |
Documentary also be required to exhibit: |
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(1) At the beginning and interval of exhibition, Nepalese
record and documentaries relating to scientific invention
or education or current national or international incident
having immense value shall also be required to be played
and shown, to the extent possible. |
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Government of Nepal may give order, to exhibit the motion
picture made by Government of Nepal or any documentary
motion picture obtained to Government of Nepal, to the
exhibitor of motion picture who has obtained license and
it shall be the duty of such motion picture exhibitor
to be abided by such order. |
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10 |
Constitution of the Film Development Board: |
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(1) Government of Nepal shall, for the development and
promotion of motion picture sector, constitute a Film
Development Board representing by the concerned person
or institution related with such sector. |
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(2) The constitution procedure and other functions
of the Film Development Board to be constituted pursuant
to sub-section (1) shall be as prescribed. |
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11. |
Powers of Government of Nepal: |
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(1) Government of Nepal may order to stop the exhibition
of any motion picture if it thinks necessary for the security
of the Kingdom of Nepal or public peace and order.
Provided that reasonable time shall be given to the concerned
person to submit his view prior to issuance of such order. |
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(2) Government of Nepal may, by a notification published
in the Nepal Gazette, delegate its power vested under
this Act to the Board constituted pursuant to Section
10A or any official or committee. |
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12. |
Punishment and Appeal: |
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(1) If a person violets this Act or Rules or order made
thereunder, the Chief District Officer may fine him up
to five thousand rupees and also cancel the license obtained
by him. |
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(2) If any one produces or exhibits or distributes any
motion picture without obtaining license pursuant to this
Act, the Chief District Officer may fine such person pursuant
to sub-section (1) and confiscate such motion picture
and the equipment used at the time of producing, exhibiting
or distributing. |
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(3) An appeal may be filed before the Appellate Court
against the order issued by the Chief District Officer
pursuant to sub-section (1) or (2). |
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13. |
Power to frame Rules: Government of
Nepal may frame rules to implement the objectives of this
Act. |
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| 14. |
Recognition of the licenses issued before the
commencement of this Act: All licenses issued
before the commencement of this Act by Government of Nepal
or the officers authorized by Government of Nepal in regard
to produce, distribute and exhibit Motion Pictures and
construction of Cinema hall* shall be deemed to have been
issued under this Act.
Provided that if the cinema hall having obtained the license
before the commencement of this Act does not have the
management of sufficient security, health and convenience
for the audience to be managed under this Act or Rules
made thereunder, the owner of such cinema hall shall be
given a time limit of two years from the commencement
of Rules made under this Act for the management of security,
health and convenience of the audience as provided therein |
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