GOA (REGULATION OF FILM SHOOTING) ACT, 2021

Act No. 29 of 2021

14th September, 2021

An Act to regulate film shooting in the State of Goa and for matters connected therewith and incidental thereto. Be it enacted by the Legislative Assembly of Goa in the Seventy-second Year of the Republic of India as follows:-

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S.1 Short title and commencement

(1) This Act may be called the Goa (Regulation of Film Shooting) Act, 2021.

(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

S.2 Definitions

In this Act, unless the context otherwise requires,-

• (a) "Cinematograph" means the cinematograph as defined under clause (c) of section 2 of the Cinematograph Act, 1952 (Act 37 of 1957);
• (b) "Competent Authority" means a Competent Authority as designated by the Government under sub-section (1) of section 3;
• (c) "Central Government" means the Government of India;
• (d) "film shooting" means making of a cinematographic film of motion pictures of a story, or an episode or a serial or an event recorded by a camera, for the purpose of showing by cinematograph in a cinema, or on television, or by other electronic media, whether for a commercial cinema venture, or purely artistic creation, or for publicity or advertisement, intended for public viewing or exhibition which would be governed by the Cinematograph Act, 1952 (Act 37 of 1957) or any other law for the time being in force;
• (e) "Government" means the Government of Goa;
• (f) "he
  

S.3 Regulation of film shooting

(1) Notwithstanding anything contained in any other State law for the time being in force, no person shall undertake a film shooting in the State without obtaining a film shooting permission from the Competent Authority as may be designated by the Government by a notification in the Official Gazette.

(2) Where the film shooting is proposed to be undertaken at a place owned or controlled by or vested in, the Central Government, the no objection certificate of the Central Government for the same shall be produced along with the application for permission under sub-section (1).

(3) An application to be made under sub-section (1) shall be in such form, accompanied by such fee and such undertaking, as may be prescribed.

(4) Upon receipt of application under sub-section (1) the Competent Authority may, after following the procedure as may be prescribed, grant a film shooting permission to the applicant in such form and in such manner as may be prescribed or may rejec

S.4 Single Window Clearance System for Film Shooting

(1) Notwithstanding anything contained in any other State law for the time being in force, once a film shooting permission is granted by the Competent Authority, the same shall be binding on all Departments of the State and local authorities and any Department or local authority who is deprived of fees on account of issue of such permission shall be compensated by the Government to such extent and in such manner as may be prescribed.

(2) It shall be the duty of all Departments of the State and local authorities to whom copies of permission are endorsed, to facilitate the activities of film shooting, render necessary assistance and instruct their administrative and subordinate staff to facilitate film shooting at the places specified in the permission.

S.5 Liability to pay restoration charges

(1) Whoever in the course of film shooting by an act of omission or commission defaces, defiles, destroys or damages any structure or place including tourist place, or heritage site, he shall be liable to pay such amount as determined by the Competent Authority in consultation with the Public Works Department and the other experts in the field, as restoration charges.

(2) The Competent Authority shall pass an order for recovery of restoration charges and the same may be recovered as arrears of land revenue.

S.6 Appeal

(1) Any person aggrieved by an order passed by the Competent Authority under sub-section (4) of sub-section 3 or sub-section (2) of section 5, may prefer an appeal to the Government within a period of thirty days from the date of such order.

(2) The Government may after hearing the Appellant and the Competent Authority either set aside, modify or uphold the order passed by the Competent Authority.

S.7 Penalties for offences against the Act, etc

Whoever contravenes any provisions of this Act or rules made thereunder shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five lakh rupees or with both.

S.8 Composition of offences

(1) The Competent Authority or such other officer not below the rank of Deputy Collector as may be designated by the Government by notification in the Official Gazette may compound any offence punishable under this Act or Rules made thereunder on payment by a person who is suspected to have committed such offence to the Government, such sum not less than rupees fifty thousand and not exceeding rupees one lakh.

(2) On payment of such sum under sub-section (1) no further proceedings shall be taken against the offender.

S.9 Court competent to take cognizance and try offences

No Court other than the Court of a Judicial Magistrate First Class shall take cognizance of, and try an offence under this Act.

S.10 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against the Competent authority or any person for anything which is in good faith done or intended to be done under this Act or rules made thereunder.

S.11 Power to make rules

(1) The Government may by notification in the Official Gazette make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of foregoing power, such rules may provide for --

• (a) form of application and fees under sub-section (3) of section 3;
• (b) form of undertaking under sub-section (3) of section 3;
• (c) form of film shooting permission under sub-section (3) of section 3;
• (d) manner for granting of film shooting permission under sub-section (4) of section 3;
• (e) procedure for seizure under sub-section (5) of section 3;
• (f) extent and manner of payment of compensation by the Government under sub-section (1) of section 4;
• (g) a sum for composition of offence under sub-section (1) of section 8;
• (h) any other matter which is to be or may be prescribed.

S.12 Power to remove difficulty

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.