Date
of publication in the NEPAL GAZETTE: 2026/5/19/5
(1969-9-4)
Amending Acts
Date
of publication in the NEPAL GAZETTE
The Judicial Administration Reforms Act,
2031 (1973)
2031/4/18(1974-8-2)
The Judicial Administration Reforms (fourth
Amendment) Act, 2043 (1985)
2043/7/24 (1986-11-10)
Motion Picture (Production, Exhibition
and Distribution) Act, 2048
2048/8/4 (1991-11-20)
Act
No. 15 of the year 2026
An Act made to
provide for systematization of production,
exhibition and distribution of motion picture.
PREAMBLE:
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.
1.
Short title, extent and commencement:
(a) This Act may be called as the "Motion
Picture (Production, exhibition and distribution)
Act, 2026 B.S. ( 1969 A.D.) ."
(b) This Act shall extent throughout the Kingdom
of Nepal.
(c) This Act shall come into force at once.
2.
Definitions: Unless the subject or the
context otherwise requires, in this Act;
(a) " Film Censor Board " means the
Board constituted pursuant to Section 7.
(b) "Cinema Hall" includes the main
cinema hall and other houses within its premises
to exhibit motion picture.
(c) "Prescribed" or " as prescribed"
means prescribed or as prescribed in the rules framed
under this Act.
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 His
Majesty's Government or by an officer prescribed
by His Majesty's Government:
(a) Feature film and,
(b) Other types of motion picture as prescribed
by His Majesty's Government upon a notification
published in the Nepal Gazette from time to time.
(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.
(3) The duration of license to be granted for
the distribution of motion pictures shall be as
prescribed.
4.
License to be obtained for operation of
Cinema Hall after its construction:
(1) No one shall construct a cinema hall? without
obtaining license from His Majesty's Government
or the authority as prescribed by His Majesty's
Government.
(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.
(3) Upon the submission of application as referred
to in sub-section (2), His Majesty's Government
may issue license considering specially the following
matters :-
(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.
5.
Cinema Hall to be constructed:
(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, His Majesty's Government
may extent such time limit for upto two years from
time-to-time.
(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.
6.
Inspection of Cinema Hall:
(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.
(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.
(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.
(4) The person who is not satisfied with the
order of the Chief District Officer* issued under
this section, may file an appeal before His Majesty's
Government within thirty-five days from the date
of issuing such order.
7.
Film Censor Board:
(1) His Majesty's Government 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 Chairman and
members as nominated by His Majesty's Government.
They shall assume their posts up to the period as
prescribed by His Majesty's Government.*
(2) The Chairman 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.
(3) The Film Censor Board may systematize their
procedure by themselves.
(4) His Majesty's Government 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.
8.
Censor of Motion Pictures:
(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 :-
(a) To permit the said motion picture to exhibit
publicly without prescribing any condition.
(b) To permit to exhibit publicly subject to any
alteration, modification or abiding by any other
conditions and restrictions.
(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
(d) Refuse to give permission the motion picture
for public exhibition.
(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).
(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.
(4) If His Majesty's Government thinks that the
motion picture already permitted by the Film Censor
Board for exhibition may me prejudicial to sub-section
(3), His Majesty's Government 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.
(5) Any person who is aggrieved by any decision
of the Film Censor Board made under this Section
may appeal before His Majesty's Government within
thirty-five days of such decision.
9.
Documentary also be required to exhibit:
(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.
His Majesty's Government may give order, to exhibit
the motion picture made by His Majesty's Government
or any documentary motion picture obtained to His
Majesty's Government, 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.
10
Constitution of the Film Development Board:
(1) His Majesty's Government 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.
(2) The constitution procedure and other functions
of the Film Development Board to be constituted
pursuant to sub-section (1) shall be as prescribed.
11.
Powers of His Majesty's Government:
(1) His Majesty's Government 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.
(2) His Majesty's Government 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.
12.
Punishment and Appeal:
(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.
(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.
(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).
13.
Power to frame Rules: His Majesty's Government
may frame rules to implement the objectives of this
Act.
14.
Recognition of the licenses issued before the
commencement of this Act: All licenses issued before
the commencement of this Act by His Majesty's Government
or the officers authorized by His Majesty's Government
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
