The promotion of Motion Pictures Act 2015

CHAPTER I

PRELIMINARY
1. Short title, extent and commencement.
2. Definition.

CHAPTER II

ESTABLISHMENT OF THE BOARD

3. Constitution of Board.
4. Uncertified film not to be exhibited.
5. Certification of films.
6. Principles of guidance in certifying films.
7. Appeals.
8. Powers to suspend exhibition of films in certain cases.
9. Revisional powers of the Federal Government.
10. Information and documents to be given to distributors and exhibitors with
respect to certified films.
11. Powers to direct exhibition of films for examination.
12. Vacancies, etc., not to invalidate proceedings.

CHAPTER III

REGULATION OF EXHIBITION BY MEANS OF CINEMATOGRAPH

13. Licensing of places for exhibition of films.
14. Directions as to screening of documentaries, etc.

CHAPTER IV

MISCELLANEOUS
15. Delegation of powers.
16. Certain persons to be public servants.
17. Bar to legal proceedings.
18. Penalties and procedure.
19. Power to make rules.
20. Power to exempt.
21. Repeals and savings.

The Motion Pictures Ordinance, 1979

Ordinance No, XLIII op 1979
3rd September. 1979
 The Promotion of Film Industry Act 2015
Whereas it is necessary and expedient to promote, nurture and facilitate the development of the film
industry in Pakistan and for matters connected therewith or incidental thereto;

Now, Therefore, in pursuance of the Proclamation of the xx day of xxxx, 2015, and in exercise of powers
enabling him in that behalf, the President is pleased to make the following regulations:-

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.-
1). This Regulation may be called The Promotion of Film Industry Act 2015.
2). It extends to the whole of Pakistan.
3). It shall come into force on such date or dates as the Minister may, by notification in the Gazette,
appoint and he may appoint different dates for different provisions and for different parts of Pakistan.

2. Definition.
In this Act, unless there is anything repugnant in the subject or context,-

“authorized officer” means an officer authorized in writing by the Minister;

“Chairman” means the Chairman of the Board appointed under section 4 and includes the Deputy
Chairman and a temporary Chairman while exercising the functions of the Chairman;
“chief executive officer” means the chief executive officer of the Board appointed under section
9;
“cinema” includes any premises, building, structure and any place whatsoever used to screen
films for viewing by the public or any class of the public;
"favored film" means a film certified under section 23, by the PNFB.
“films” means feature films whether animated or not, accompanied or unaccompanied by sound,
for viewing by the public or any class of the public;
“film activities” includes all activities related to the film industry;
“film distribution” includes the renting, hiring and loaning of films for profit or otherwise, the
import and distribution of films produced abroad and the distribution of films produced locally;
“film exhibition” means the screening of films for viewing by the public or any class of the public;
“film industry” includes the activities of film production, distribution and exhibition carried out in
Pakistan or of Pakistani Film abroad;
“film production” includes all activities related to the production or processing of films, or the
recording or duplicating of video tapes, for viewing by the public or any class of the public;
“licence holder” means any person issued with a licence under section 21 of this Act;
 “member”, in relation to the Board, includes the Chairman, Deputy Chairman and a temporary
Chairman of the Board; and, in relation to a committee of the Board, includes the chairman of the
committee;
“Minister” means the Minister charged with the responsibility for the development of the film
industry;
“officer of the Board” includes the chief executive officer;
"PNFB" means the Pakistan National Film Board, established under section 3.
“prescribed” means prescribed by subsidiary legislation made under this Act;

"produced in Pakistan" for a film to be considered as produced in Pakistan, at least 50% of the
total production expense of the film should have been spent in Pakistan.

CHAPTER II
The Pakistan National Film Board
3. Establishment of the Pakistan National Film Board
There shall be established a corporation by the name of “Pakistan National Film Board” which shall have
perpetual succession and a common seal and which may sue and be sued in the same name and, subject
to and for the purposes of this Act, may enter into contracts and hold and deal in or with any movable or
immovable property and do all other matters and things incidental or appertaining to a body corporate.
4. Constitution of Pakistan National Film Board.
(1) The PNFB shall consist of a Chairman, a Deputy Chairman and not less than seven but not more than
ten other members, to be constituted as follows—
(a) a Chairman and a Deputy Chairman to be appointed by the Minister from amongst persons
who, in his opinion, by reason of their knowledge and experience, would be of substantial service
to the film industry;
(b) four members to be appointed by the Minister from amongst persons who are connected with
the film and related industries and are not public officers;
(c) the Federal Secretary of the Ministry charged with the responsibility for the development of
the film industry, or his representative;
(d) the Federal Secretary of the Ministry charged with the responsibility for finance, or his
representative;
(e) such other persons, being not more than four in number, as the Chairman considers fit and
proper persons to be members of the PNFB, to be appointed by the Chairman.
(2) A member of the PNFB appointed under paragraph (a), (b) or (e) shall, unless his appointment is sooner
revoked or he sooner resigns, hold office for such period not exceeding five years. Minister may determine
eligibility for reappointment.
(3) The members of the PNFB may be paid such remuneration or allowances as the Minister may
determine.
5. Seal of the Pakistan National Film Board
(1) The PNFB shall have a common seal and such seal may, from time to time, be broken, changed, altered
or made anew as the PNFB deems fit:
Provided that until a seal is provided under this section a stamp bearing the inscription “Pakistan National
film Board” may be used as a common seal.
(2) All deeds, documents and other instruments requiring the seal of the PNFB shall be sealed accordingly
in the presence of two members of the PNFB who shall sign every deed, document or instrument to which
the seal is affixed; and such signing shall without further attestation be sufficient evidence that the seal
was duly and properly affixed and that the same is the lawful seal of the PNFB:
Provided that a deed, document or other instrument which if executed by a person not being a body
corporate would not be required to be under seal may in like manner be executed by the PNFB; and such
deed, document or instrument may be executed on behalf of the PNFB by any of its officers or servants
generally or specially authorised in writing so to act.
(3) The seal of the PNFB shall be officially and judicially noticed.
6. Functions of the PNFB
(1) The functions of the PNFB shall be—
(a) to make recommendations to the Minister as to the policies, methods and measures to be
adopted to promote, nurture and facilitate the development of the film industry;
(b) to develop, and stimulate the growth and maintain the standards of, the film industry by
various means, including the provision of research and advisory services;
(c) to regulate and co-ordinate the activities of persons and bodies relating to matters pertaining
to the film industry;
(d) generally to promote and assist, both inside and outside Pakistan, in the development of the
film industry;
(e) to regulate and control the production, distribution and exhibition of films in Pakistan, and in
relation thereto to provide for the issue of licences; and
(f) to act as arbitrator in disputes arising in contracts registered with the PNFB under section 23.
(g) to manage and control the maintenance and operation of places and equipment belonging to
the PNFB for the purposes of paragraph (2)(c).
(2) The PNFB shall have power to do all things expedient or reasonably necessary for or incidental to the
discharge of its functions and in particular, but without prejudice to the generality of the foregoing, it shall
have the power—
(a) to conduct surveys in respect of the film industry and carry out feasibility studies for the
development of film production locally;
(b) to provide training facilities and to control and supervise the implementation of training
projects and programmes relating to the film industry;
(c) to provide or assist in the production of services, acquisition of locations, facilities and filming
equipment to film producers, distributors and exhibitors and cinema hall owners, but not itself to
participate in activities of film production, distribution or exhibition, directly or indirectly;
(d) to receive, in consideration of the services rendered by it, such commission or payment as may
be agreed upon;
(e) to grant any subsidy or credit facility but in no way as to enable itself to participate in film
production, distribution or exhibition, directly or indirectly;
 (f) to prescribe and levy fees or other charges in relation to the performance of its functions and
the exercise of its powers under this Act;
(g) to participate in international organisations relating to the film industry and to hold, promote
and participate in film festivals, film awards, exhibitions and seminars or in any activity of a similar
nature both inside and outside Pakistan;
(h) to establish institutions, centres, sub-centres and workshops for the undertaking of research
and other activities necessary for or related to the development of the film industry;
(i) to provide incentives in respect of the film industry;
(j) to make rules under this Act;
(j) to disseminate information to the public on the various aspects of the film industry; and
(k) to do such other matters as may be directed by the Minister.
7. Delegation
(1) The PNFB may delegate any of its functions and powers to the Chairman.
(2) Without prejudice to subsection (1), the PNFB may, by an instrument in writing under its common seal,
delegate to any other person or anybody such of its functions and powers as may be necessary to be
performed inside or outside Pakistan except the power to make regulations:
Provided that any such person or body shall not have control over the Fund and shall act in all respects in
accordance with the directions of the PNFB.
8. Directions by the Minister
(1) The Minister may give to the PNFB any direction not inconsistent with this Act as to the exercise and
performance of its functions and powers in relation to any matter which appears to him to concern the
film industry and the PNFB shall give effect to any such direction.
(2) The PNFB shall furnish the Minister with such information with respect to its property and activities
as he may from time to time require.

Chapter III
Administration
9. Appointment of chief executive officer and other officers and servants of the PNFB
(1) The PNFB may appoint a chief executive officer who may be designated by any name, and such other
officers and servants as it considers necessary for the purposes of this Act and for the efficient conduct of
its affairs.
(2) The appointment of the chief executive officer shall be with the prior approval of the Minister and the
name by which he is designated shall be published in the Gazette.
(3) If during any period the chief executive officer is for any reason unable to exercise the powers and
perform the duties of his office, the PNFB may, with the prior approval of the Minister, appoint any other
fit and proper person to so act.
10. Duties of chief executive officer
The chief executive officer shall—
 (a) be responsible for putting into execution the policy decisions of the PNFB;
(b) exercise supervision and control over all the other officers and servants of the PNFB; and
(c) perform such duties and exercise such powers as may from time to time be determined or
delegated by the PNFB or as the Chairman may direct.
11. PNFB to determine conditions of service of its officers and servants
(1) The officers and servants of the PNFB shall hold office for such period, receive such remuneration,
fees and allowances, and be subject to such conditions of service as may be determined by the PNFB
with the approval of the Minister.
(2) The PNFB shall have power to formulate and regulate the procedure for the appointment and
disciplining of its officers and servants.
12. Public servants for purposes of Penal Code
The members, officers and servants of the PNFB and the members of a committee thereof shall be
deemed to be public servants within the meaning of the Penal Code.
13. Declaration of share or interest and disqualification
(1) A member of the PNFB or of a committee thereof who has or acquires, directly or indirectly, by himself,
his partner or agent—
(a) any share or interest—
(i) in a contract or an arrangement made with the PNFB;
(ii) in any work to be done for the PNFB; or
(iii) in a company, firm or an undertaking with which the PNFB proposes to enter into a
contract or an agreement; or
(b) any beneficial interest in immovable property proposed to be purchased or otherwise acquired
or leased or otherwise dealt with by the PNFB, shall declare the nature and extent of his share or
interest to the PNFB.
(2) The declaration required to be made by a member under subsection (1) shall be made at the meeting
of the PNFB or committee at which any question relating to such contract, arrangement, work, purchase
or other acquisition or lease or other dealing is first taken into consideration or at the earliest opportunity
after the acquisition of such share or interest.
(3) For the purposes of this section, a notice given to the other members by a member to the effect that
he has such share or interest as is specified in subsection (1) and is to be regarded as interested in any
such contract, arrangement, work, purchase or other acquisition or lease or other dealing which may,
after the date of the notice, be made with, or be required to be carried out by, the company, firm or
undertaking in question shall be deemed to be sufficient declaration of interest in relation thereto:
Provided that such notice shall be of no effect unless it is given at a meeting of the PNFB or committee or
the member concerned takes all reasonable steps to ensure that it is brought up and read at the next
meeting of the PNFB or committee after it is given.
(4) Every declaration made in pursuance of this section shall be recorded in the minutes of the meeting at
which it is made or read and shall have no effect until it is so recorded.
(5) A member shall not vote upon any resolution or question relating to any such contract, arrangement,
work, purchase or other acquisition, or lease or other dealing in which he has any share or interest
whether or not he has declared the same, nor shall he take part in any deliberation (except on the
invitation of the PNFB or committee) or decision relating thereto or to any matter incidental thereto, and
if he shall do so his vote shall not be counted, nor shall he be counted in the quorum present at the
meeting for the purposes of such resolution or question.
(6) A member shall not be deemed to have a share or interest under this section by reason only of his
being a shareholder in the company with which it is proposed that the PNFB shall enter into a contract or
an arrangement unless he has a controlling interest in that company.
(7) A member who contravenes any of the provisions of this section shall be guilty of an offence and shall,
on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding
twenty-five hundred thousand rupees or to both.

Chapter IV
Finance
16. The Fund of the PNFB
For the purposes of this Act there is established a fund, which in this Act is referred to as “the Fund”, to
be administered and controlled by the PNFB—
(a) into which shall be paid—
(i) such sums as may be provided from time to time by Parliament;
(ii) such sums as may from time to time be borrowed by the PNFB for the purpose of
meeting any of its obligations or discharging any of its functions and powers;
(iii) all moneys earned by the PNFB;
(iv) all moneys earned or arising from any property, investment, mortgage, charge or
debenture acquired by or vested in the PNFB;
(v) any fees or other charges prescribed and collected by the PNFB; and
(vi) all other sums or property which may in any manner become payable to or vested in
the PNFB in respect of any matter incidental to its functions and powers;
(b) and out of which shall be defrayed—
(i) all expenditure, including capital expenditure, incurred by the PNFB in carrying out its
functions and duties;
(ii) moneys for the repayment of any loan made to the PNFB pursuant to its power to
borrow; and
(iii) any subsidy or credit facility granted by the PNFB pursuant to its powers under this
Act.
17. Borrowing powers
The PNFB may, with the approval of the Minister of Finance and upon such terms and conditions as may
be determined by him, borrow such sums as it may require for discharging any of its functions and powers
under this Act.
18. Investment
The Fund of the PNFB shall, in so far as it is not required to be expended by the PNFB under this Act, be
invested in such manner as the Minister of Finance may approve.
19. Finance
(1) The expenses of the PNFB up to such amount as may be authorised by the Minister for any one year
shall be defrayed out of the Fund.
(2) Before the beginning of May of each year, the PNFB shall submit to the Minister an estimate of the
expenses for the following year in such form and with such particulars as the Minister may require; and
the Minister shall, before the beginning of July of that year, notify the PNFB of the amount authorised for
expenses generally or of the amount authorised for each description of expenditure.
(3) The PNFB may, at any time, submit to the Minister a supplementary estimate for any one year and the
Minister may allow the whole or any part of the additional expenditure included therein.
20. Imposition of film charges
(1) No person shall import a film in Pakistan unless;
a. He is licensed as a distributor under subsection 2 of section 23.
b. He has obtained an import authorization for the film from PNFB, in the prescribed manner.
(2) Every licence holder who imports any film shall, before such film is distributed, submit a declaration in
the prescribed form, and pay a film charge at the prescribed rate, to the PNFB.
(3) Film charges shall be 10% of the value at which the film has been obtained by the distributor for
exhibition in Pakistan. For purpose of ascertaining value for computation of film charges, the distributor
shall declare to PNFB the actual cost of production of the film. The value of the film shall be deemed to
be at least 10% of cost of production of the film or the cost of contract between the distributor and the
foreign provider, whichever is higher.
(4) At the choice of the distributor PNFB may allow that Film Charges may be collected at 5% of the actual
ticket revenue of film in Pakistan.
(5) For the purposes of this Act, any person who has in his possession, custody or control three or more
copies of a film of the same title shall, unless the contrary is proved, be presumed to be engaged in the
distribution of films.
21. Statutory Bodies (Accounts and Annual Reports) Act 1980
The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply in respect of the
PNFB
 Chapter V
Distribution and Exhibition of films

22. Activity or combination of activities to be licensed

(1) No person shall engage in any of the activities of film distribution or exhibition or any combination of
these activities unless there is in force a license issued by PNFB authorizing him to do the same.
(2) An application for a license shall be made on the prescribed form to the PNFB, and the license may be
issued on payment of the prescribed fees for the prescribed period and subject to such terms and
conditions as may be imposed therein.
(3) The PNFB shall issue license to an applicant within a period of 15 days if the prescribed conditions for
licensing are met.
23. Conditions for grant of License
Subject to the rules made under this Act, the following minimum conditions shall apply for grant of license
under section 21.
(1) Exhibition of films; Any person seeking to exhibit films will satisfy the PNFB of the following;
I. That sufficient safety and security provisions have been made in construction / design of the
cinema to ensure public safety in case of an emergency, including;
a. Sufficient firefighting provisions in equipment and staff to ensure public safety in case of
fire. Firefighting equipment shall include fire extinguishers and sprinkler systems installed
in the cinema. The license holder shall ensure that equipment and staff are sufficiently
maintained to ensure public safety within the cinema hall.
b. Sufficient exit facilities are available to ensure that the public is not trapped in the cinema
in case of an emergency. The rules shall lay standards for number, size, and marking of
exit doors to ensure quick exit of public from the cinema.
II. Exhibition of films produced in Pakistan:
a. The license holder shall ensure that films produced in Pakistan are displayed on each
screen in the cinema for at least 110 days in a calendar year. One day for the purposes of
this clause will mean all shows during that day on that screen.
b. The license holder shall not charge more than 40% of the ticket revenue as his share for
display of a film produced in Pakistan.
III. Display of Foreign Films: Notwithstanding anything contained in any other law for the time being
in force, the license holder shall ensure that no foreign film is displayed unless the license holder
is satisfied that film has been legally imported into the country and shall retain copies of PNFB
documents for a period of five years from the date of display of film in the cinema.
IV. All cinemas in existence prior to the coming in force of this act will obtain a license from the PNFB
within 180 days of the coming in force of this Act, by complying with the provisions of this Act.
(2) Distribution of films; Any person seeking to distribute films for exhibition in Pakistan will satisfy the
PNFB of the following;
I. That at least 33% of the films distributed for exhibition in Pakistan, by the license holder, during
a calendar year are produced in Pakistan.
 II. That no foreign film is distributed for exhibition in Pakistan, unless the film has been lawfully
imported into the country under section 20.
24. Grant of favored film status
(1) Upon application by a producer the PNFB may grant a film a "certificate of favored film".
(2) “certificate of favored film” shall be granted by the PNFB to a film, if the PNFB is satisfied that the film
promotes, patriotism, provincial, regional, sectorial, linguistic or inter-religious harmony, or is the
national interest of Pakistan.
(3) A favored film will enjoy such benefits, including tax and other benefits from other licensees as are
granted in the certificate.
25. Registered contracts
(1) Where the producers, distributors or exhibitors of films so desire they may register their mutual
contracts with the PNFB.
(2) Registered contracts would be secured by PNFB, and in case of breach of contract the aggrieved party
may approach PNFB for abdication in the matter.
(3) On receipt of application by the aggrieved person, PNFB will commence hearing of the matter within
seven working days and shall decide the issue within 90 days of the first date of hearing.
(4) Both parties of a registered contract will abide by the decision of the PNFB. In case of failure to comply
with a PNFB verdict, PNFB shall proceed to take action against the defaulter which may include but may
not be limited to, suspension of license and closure of business of the defaulters.
(5) PNFB may charge a nominal fee as prescribed for registration of contracts and where applicable for
abdication.
26. Offence to contravene any of the provisions of this Part
(1) In addition to cancellation of license, which will enjoy protections as provided under section 27.
(2) Any person who contravenes any of the provisions of this Act shall be guilty of an offence and shall, on
conviction by the authorized court, be liable to a fine not exceeding five million Rupees or imprisonment
for a term not exceeding two years or to both such fine and imprisonment.
(3) Where an offence under this Part is committed by a company or a firm, every director, secretary or
manager of the company or, as the case may be, every partner in the firm shall also be deemed to be
guilty of the offence unless he proves that the offence was committed without his knowledge, consent or
connivance and that he exercised all due diligence to prevent the commission of the offence.
27. PNFB decisions final regarding cancellation of license
(1) PNFB is charged with the responsibility to ensure promotion of film industry in Pakistan, and shall
endeavor to take all necessary steps to fulfill its responsibility as watchdog and to safeguard and
effectively regulate and protect the industry. Where PNFB is satisfied that one of its licensees is indulging
in a practice that undermines the interest of Pakistan's film industry. PNFB for reasons to be recorded in
writing and after giving due opportunity of hearing, may revoke a license. A decision by PNFB to revoke a
license shall be final and may be reviewed as per prescribed process by PNFB internal process only.
(2) Where a license is cancelled by PNFB the licensee shall no longer be authorized to continue the
business and his premises shall be sealed forthwith.