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Insertion of
new
Chapter-IIIA.
2. In the Indecent Representation of Women (Prohibition) Act, 1986, after Chapter III,
the following Chapter shall be inserted, namely:—
CHAPTER IIIA
CENTRAL AUTHORITY
Constitution of
a Central
Authority.
7A. (1) The Central Government shall, by notification in the Official Gazette, constitute
a Central Authority to govern and regulate the manner in which women are represented in
any document published, broadcasted or telecasted.
(2) The Authority shall be headed by the member-Secretary, National Commission
for Women and shall have representatives from Advertising Standards Council of India,
Press Council of India, Ministry of Information and Broadcasting and one member
experienced in working on women's issue to be nominated by the National Commission
for Women in such manner as may be prescribed.
Power and
functions of the
Central
Authority.
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7B. (1) The Central Authority shall have the following powers and functions in respect
of complaints,—
(a) to receive appeals or complaints or grievances regarding a programme or an
advertisement broadcast or publication and adjudicate on the same in accordance with
its procedure;
(b) to investigate or take suo moto notice and examine all matters relating to
complaints under sections 292 to 294 of the Indian Penal Code, 1860 in so far it
relates to and concerns women and the indecent representation of women as defined
under section 2 or refer the case to the authorized bodies under section 9;
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45 of 1860.
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(c) to requisition tapes of any program or advertisement or publication as deemed
necessary;
(d) to consider such complaints and facilitate their settlements by passing a
reasoned decision in writing within sixty days of receipt of the said appeal or complaint;
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(e) to function in consonance with the principles of natural justice and give its
decisions based on the written statement filed by a complainant and after providing a
reasonable opportunity of being heard;
(f) recommend to the Central Government, guidelines or norms or amendments
of prescribed guidelines or norms, in the light of its experience in the discharge of its
functions, as well as on such other issues as may be referred to it by the Central
Government;
(g) lay-down the standards of quality of service to be provided by the service
providers, advertisers and publishers and conduct the periodical survey of such service
provided by the service providers so as to protect interest of the consumers of
broadcasting service;
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(h) coordinate with the respective State Governments for effective implementation
of the provisions of the Act;
(i) monitor, administer and promote standards of advertising practices with a
view to ensuring that advertising is not offensive to generally accepted norms and not
indecent as defined in this Act;
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(j) promote code for self regulation in advertising, media and publishing.
(2) For the purpose of performing its functions or holding any inquiry under this Act,
the Committee shall have the same powers throughout India as are vested in a civil court
while trying a suit under the Code of Civil Procedure, 1908, in respect of the following
matters, namely:-—
(a) summoning and enforcing the attendance of persons and examining them on
oath;
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5 of 1908.