The Tamil Nadu Cinemas (Regulation) Rules, 1957
Published vide Notification G.O.P. No. 155, Home, dated 19th January, 1957
tn209
In exercise of the powers conferred by section 10(1) and (2) of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955), and in supersession of (a) the Tamil Nadu Cinematograph Rules 1933, published with the late Law (General) Department Notification No. 73, dated the 5th December 1933, at pages 193-198 of Part I of "the Fort St. George Gazette, dated the 30th January 1934, as subsequently amended, (b) the Tamil Nadu (Procedure for Approval of Films) Rides, 1956 (published with the Home Department Notification SRO No. 9 of 1956, dated the 30th May 1956, at pages 224-226 of Rules Supplement to Part I of the Fort St. George Gazette, dated the 30th May 1956) and (c) of the rules published with Home Department Notification SRO No. 13 of 1956, dated the 30th May 1956 at pages 223-224 of Rules Supplement to Part I of the Fort St. George Gazette, dated the 30th May 1956, the Governor of Tamil Nadu hereby makes the following rules:-
Part I-A
General
- These rules may be called the Tamil Nadu Cinemas (Regulation) Rules, 1957.
- (1) These rules shall apply to all the existing cinema premises in the State of Tamil Nadu and to those which come into existence after the publication of these rules in the Fort St.George Gazette.
[(2) These rules shall apply to all cinema premises in the Kanyakumari District and the Shencottah taluk of the Tirunelveli District existing on the 5th March 1958 and those which come into existence after the said date.]
[(3) These rules shall also apply to all cinema premises in the territories specified in the Second Schedule to the Andhra Pradesh and Tamil Nadu (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959) and to those which come into existence after the 20th February 1963.]
- In these rules, unless there is anything repugnant in the subject or context-
(a) "Act" means the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955);
(b) [* * *];
(c) "auditorium" means the portion of licensed place in which accommodation is provided for the public to view the cinematograph exhibition;
(d) "Central Film Advisory Board" means the Film Advisory Board constituted under the resolution of the Government of India in the Ministry of Information and Broadcasting No. 1/51/54-F, dated the 2nd February 1955;
(e) "enclosure" means the portion of the licensed place in which cinematograph apparatus is erected;
(f) "Form" means form annexed to these rules;
(g) "local authority" means-
(i) [(a) in the City of [Chennai], the Council of the Municipal Corporation of [Chennai];]
[(b) in the city of Madurai, the Municipal Council of the Municipal Corporation of Madurai.]
(ii) in an area in a District, the Municipal Council or the Township Committee or the Panchayat Union Council having the jurisdiction over the area:
Provided that where there is no Panchayat functioning, the Panchayat Union Council having the jurisdiction over the area shall be deemed to be the Local authority;
[(gg) "Multiplex" means the building wherein a minimum of two theatres together with or without multi activities on commercial basis or with Malls;]
(h) "permanent building" means a building which is constructed for permanent use with stone [* * *] brick, mortar, cement or other non-inflammable material.
Explanation. - Where the floor, roof, side walls, galleries and staircases of a building are made of non-inflammable materials, the building shall, for the purpose of these rules, be deemed to be a permanent building; and
(i) "temporary building" means a building which is not a permanent building.
- If any question arises as to the interpretation of these rules otherwise than in connection with the prosecution for an offence, the question shall be referred to the Government whose decision thereon shall be final.
- [(1) The rules in Parts I-A, IV, V, VI and VII and Forms C, D, E and F printed in large type, together with the name and address of the licensee affixed thereto, shall be kept during public entertainment always pasted in some conspicuous place at the principal entrance at a height of not more than 1.25 metres from the floor so that any person entering the licensed premises may acquaint himself with such rules and, on noticing any breach of them may report the same to the licensing authority.]
[(2) A copy of the Cinema Operator's Manual published by the Board of Examiners for Cinema Operators constituted by the Government shall be kept in the licensed premises.]
- No person other than company or association shall be entitled to obtain or hold any licence under the [Act]or a no objection certificate under these rules unless such person has attained the age of 20 years.
- The licensee shall comply with such of the provisions of the [Indian Electricity Act, 1910], and of the rules made thereunder as are applicable to the premises. In cases where the notice referred to in section 30 of the said Act has to be given to the District Collector or the Commissioner of Police, no licence shall be granted until such notice has been given and the licensing authority has informed the [Electrical Inspector]or the decision to issue the licence.
- Any Police Officer not below the rank of a Sub-Inspector, any Fire Officers not below the rank of a [Station Officer, any Health Officer][or Sanitary Officer, the Commissioner of the Corporation of [Chennai], or Assistant Commissioners or Assistant Health Officer of the Corporation of [Chennai], Municipal Commissioners, Executive Officers of Townships], any Magistrate having jurisdiction over the area, the [Electrical Inspector] or his representative [not below the rank of Junior Electrical Inspector], the licensing authority or his representative and the [Public Works Department Authority concerned], or any person authorised by him, [an officer of the Directorate of Information and Public Relations not below the rank of an Information and Public Relations Officer] may enter at any time any place licensed or proposed to be licensed under the Act for the purpose of satisfying himself that the provisions of the Act and the rules there under are carried out correctly by the license.
[In cases where any defect is pointed out by the Chief Electrical Inspector or his representatives, it should be got rectified by the licensee within a reasonable time and the licensing authority should not renew the licence in such cases unless the defects are rectified.]
In case of any breach, the inspecting authorities should draw the attention of the licensing authority for necessary action.
[* * *]
- The licence and the plan and description attached thereto shall be produced on demand by any police officer not below the rank of a Sub-Inspector or by the licensing authority or by the Chief Electrical Inspector [* * *]or by any persons authorised by them in this behalf [or by the Public Works Department Authority concerned.]
- The licensee, his servants and agents shall comply with all orders issued by the Chief Electrical Inspector, the licensing authority or police officers acting on their behalf, from time to time, or as occasion arises for the safety or convenience of the public or for the preservation of order or the maintenance of peace. The licensing authority may, if circumstances so require, impose safeguards for the purpose in addition to those laid down in these rules.
- [(1) The enclosure shall be in-charge of an operator holding a licence in Form "G" granted under, and in accordance with, the regulations in Appendix II by the Chief Electrical Inspector on the strength of a competency certificate in Form "H" issued under, and in accordance, with the regulations in Appendix III by the Board of Examiners constituted by the Government.]
[The Operator shall be present in the enclosure during the whole period of operation of the machine.] There shall be two licensed cinema operators in each of the permanent and semi-permanent theatres exhibiting a minimum of three shows per day and in the case of a permanent or semi-permanent theatre, which exhibits more than four shows per day the number of licensed operators shall be three.
[It would be sufficient to have two operators in theaters running four shows per day.]
(2) The operator shall satisfy himself before the commencement of each performance that all cables, leads, connections and resistances as also the fire extinguishing appliances in the enclosure are in good working order.
(3) Such number of persons as may be necessary shall be specially appointed to be in-charge of the fire-extinguishing appliances in the auditorium during every performance. [Such persons need not be employed exclusively for looking after the fire appliances, but they must not be given any other work during an exhibition which would take them away from the building or otherwise prevent them from being immediately available in case of danger or alarm of fire. The person so appointed shall wear a badge on his arm depicting the word "FIRE" during the exhibition.]
(4) The licensee shall report to the Chief Electrical Inspector the name and licence number of the operator together with his letter of consent and any change in personnel.
- (1) Smoking shall not be permitted within the enclosure or within the auditorium.
(2) No unauthorized person shall be allowed to enter the enclosure.
(3) No inflammable article shall, unnecessarily, be taken into, or allowed to, remain in the enclosure.
[(4) The licensee shall keep the cinema buildings and equipment insured against the risk of fire so that the cinema theatre in run without fire hazards.]
[(5) The licensee shall put up at prominent places in, and immediately outside, any projection or rewinding room or in any room in which the films is stored or in which electrical batteries are installed or charged, notice indicating that "smoking" is strictly prohibited.]
- (1) If the applicant for the licence is the owner of the site, building and equipment, he shall produce to the licensing authority the necessary records relating to his ownership and possession thereof. If he is not the owner, he shall, to the satisfaction of the licensing authority, produce documentary evidence to show that he is in lawful possession of the site, building and equipment.
(2) If the land for which the applicant requires a no objection certificate is under the jurisdiction of the Hindu Religious and Charitable Endowments Department, the Licensee shall produce to the licensing authority along with his application a letter of permission from the Commissioner, Hindu Religious and Charitable Endowments [Chennai] specifically permitting the leasing out of the land to the applicant. In the absence of such a letter of prior permission, the licensing authority shall reject the application for no objection certificate.
- [(1) There shall be no restriction in the grant of licence to permanent and travelling cinemas on the basis of population.]
(2) The restrictions in respect of distance between cinemas shall be as specified below:-
(a) A travelling cinema in any place shall not be allowed with in a distance of [1.609] km of the nearest permanent cinema located in the same local area or in the adjacent local area.
Explanation. - For the purpose of this clause "local area" means the area within in the jurisdiction of a local authority:
Provided that the Government may, for reasons to be recorded in writing, permit a travelling cinema within the distance specified in this clause from the nearest permanent cinema:
Provided further that a travelling cinema may be allowed to complete its full term of five years even if a permanent cinema comes up within the distance specified in this clause;
(b) The distance between any two travelling cinemas shall not be less than 0.402 km:
Provided that the Government may, for reasons to be recorded in writing, permit a travelling cinema within the distance specified in this clause from the nearest travelling cinema.
(c) There shall be no restriction in regard to the distance between one permanent cinema and another permanent cinema.
(3) The distance between cinemas in any place or in adjacent places shall be reckoned along the shortest pathway, lane, street, road or any other route connecting the cinemas which is generally used by the members of the public.
[(4) The distance between any two cinemas shall be reckoned from the cabin room of one cinema to the cabin room of another.]
[14A. (1) An applicant for the licence or the licensee may apply to the licensing authority' for exemption of any of the provisions of the Act or any provisions of these rules.
(2) A fee of [Rs. 7,500 (Rupees seven thousand and five hundred only)] for permanent and semi-permanent theatres and fee of [Rs. 4,000 (Rupees four thousand only)] for travelling cinemas shall be paid and a Treasury receipt for the amount of the fee shall also be submitted along with the application.
(3) On receipt of such application, the licensing authority shall send the report in Form "A" for exemption from any of the provisions of the Act or any of these rules.]
Part-I-B
Procedure for Approval of Films
- The rules in this Part and rule 3 in Part I shall apply to the procedure for approval of films for the purpose of section 6 of the Act.
- [The Director of Information and Public Relation, Tamil Nadu shall be the advising authority for the purposes of advising the Government in the matter of approval of films under section 6 of the Act.]
17 and 25. [* * *]
- Such films as have been or may be approved by the Central Government to be scientific films, films intended for educational purposes, films dealing with news and current events or documentary films for the purpose of directions under sub-section (4) of section 12 of the Cinematograph Act, 1952 Central Act (XXXVII of 1952), and corresponding provisions in other State Cinemas (Regulation) Acts are hereby declared to be films approved by the Government within the meaning of section 6 of the Act and rules 27 to 34 shall not apply to such films.
[27. Any person, firm, organisation or Government desirous of having any of his, its/or their films approved by the Government of Tamil Nadu under section 6 of the Act shall send an application in writing to the Director of Information and Public Relations, Tamil Nadu stating the titles of the film and the source from which it can be obtained by exhibitors and such other particulars as may be required by the Director of Information and Public Relations and shall also produce a copy of the film and shall arrange to exhibit the film before the Director of Information and Public Relations at [Chennai] on the date and time to be fixed by the said Director.
Every such application shall be accompanied by the fee prescribed in these rules.
- On receipt of such application, the Director of Information and Public Relations shall examine the said film with a view to determining whether it could be approved by the Government under section 6 of the Act. If the applicant desires to make any representation in regard to the film submitted by him, the Director of Information and Public Relations shall give him an opportunity to do so at this stage. Such representation shall be in writing and shall be taken into consideration by the Director of Information and Public Relations in making his recommendation to the Government.
- The Director of Information and Public Relations shall forward to the Government, within five days after the examination of the film under rule 28, his recommendation as to whether the film may be approved by the Government under section 6 of the Act. If after considering the recommendation of the Director of Information and Public Relations and after making such enquiry as it deem fit, the Government decide to approve the film it shall notify the title of the film, in the Gazette together with the address of the person, firm, organisation or other Government with whom the cinema licensees can enter into agreement for the supply of the film:
Provided that the Government shall not approve any film that has not been certified as suitable for exhibition by the Central Board of Film Censors under the Cinematograph Act, 1952 (Central Act XXXVII of 1952).]
- A fee of rupees five shall be charged for the examination of every [300 metres]of film or fraction thereof.
- Examination and approval of duplicates of films previously approved shall not be necessary if it can be shown by the theme and the cast that the second films is identical with the first.
- If any film is altered by excision, addition or otherwise, after it has been approved by the Government, it shall cease to be an approved film unless it has been re-examined by the[Director of Information and Public Relations]and approved by the Government in accordance with these rules. The fee for such re-examination shall be the same as that laid down in rule 30 for the examination of films.
- [The Director of Information and Public Relations]shall maintain a register in which the following particulars shall be entered, namely:-
(a) the name of every film examined;
(b) the name of the person applying for approval;
(c) the name of the person or company producing and releasing the film;
(d) the name of the country in which the film was originally produced;
(e) the date of examination;
(f) the length of the film in [metres], the number of reels and the length of each reel in [metres];
(g) remarks of the [Director of Information and Public Relations] on such examination; and
(h) the number and date of the notification published in the Gazette conveying approval of the Government.
- [The Director of Information and Public Relations or any officer authorised by him not below the rank of a Public Relation Officer]or any Police Office not below the rank of Sub-Inspector may enter any place licensed under the Act for the purpose of seeing that the provisions of the rules in this Part are being carried out.
Part-II(A)
Approval of Location of Permanent Cinemas
- (1) A person who intends to build a permanent cinema building shall furnish the licensing authority with information in respect of items (a) to (f) of section 5(1) of the Act and other relevant particulars required in Form A. The applications shall be accompanied by a plan of the proposed site drawn to scale and shall clearly indicate the surrounding roads and buildings which exist up to a distance of 200 [metres]of the proposed site, schools, hospitals, temples or[mosques, churches, or other places of public worship] being clearly indicated.
[(1-A) A fee of [Rs. 1,000 (Rupees one thousand only)] for permanent and semi-permanent shall be paid in respect of each application and a treasury receipt for the amount of the fee shall also be submitted along with the application under sub rule (1).]
[(2) A copy of the application in Form "A" referred to in rule 35(1) shall be sent to Panchayat/Town Panchayat/Township Committee/Municipal Council/ Municipal Corporation concerned which shall forward it within sixty days from the date of receipt of application from the applicant to the licensing authority with a copy of its resolution recording its objections, if any, to the site and to the installation of machinery.]
(3) A copy of the application shall also be sent to the Deputy Commissioner of Police, Traffic and Licensing, [Chennai], or the District Superintendent of Police in the mufassal, who shall remit it within one month from the applicant to the licensing authority' with objections, if any, from the date of receipt of application from the traffic point of view.
[35A. (1) On receipt of the application, the licensing authority shall scrutinise it to see whether, it furnishes all the necessary information.
(2) If, on such scrutiny, the licensing authority considers that any of the rule is not satisfied, he may, after giving an opportunity to the applicant of being heard, reject the application.
(3) If the application is complete in all respects prima facie and it is found to comply with all the relevant rules, the licensing authority shall, pending processing of the case, ask the applicant to exhibit a notice in Form Al on the board, of atleast 1.20 metres x 0.90 metre in size, on the proposed site in such a position that it can be plainly seen from the public through fare upon which the site of the proposed cinema abuts. The notice shall be written in bold and clearly, legible letters in Tamil and it shall be maintained on the site until the matter is finally decided by the licensing authority.
(4) The licensing authority shall also cause a notice in Form A2 to be published in the notice board of the Panchayat Union/ Township Committee/Municipal Council/Corporation concerned and in the District Gazette, intimating the fact of receipt of the application, and calling for objections, if any, from the public in regard to noncompliance by the applicant with any of the provisions of the Act or with any of the rules. All objections shall be filed in writing before the licensing authority within 21 days from the date of publication of the last of these notices. Any objection filed after this period shall [* * *] be summarily rejected.]
- [(1) After consideration of the application with reference to the matters specified in section 5(1) of the Act, and the objections of the local authority or the Police, the licensing authority shall grant a no objection certificate in Form 'B' or may refuse to grant it, within [6 months]from the date of receipt of the application from the applicant. A copy of the order shall be communicated to the applicant and to the persons, if any, who have filed objections, before the licensing authority. If no order is passed by the licensing authority within the period of [6 months], it shall be deemed that the a no objection certificate.]
[The licensing authority shall inform the applicant within two months, from the date of receipt of the application for a no objection certificate that his application is under consideration.]
[(2) The grant of no objection certificate is necessary for the construction of a new cinema house and also for converting any building into a cinema house.]
(3) The no objection certificate so issued by the licensing authority shall be valid for a period of three years. If within this period, the proposed cinema is not put up, a fresh no objection certificate should be applied for:
[Provided that the Government in genuine cases and for reasons to recorded in writing may extend the period of validity of the No objection certificate or relax the conditions already imposed in the said certificate on receipt of an application for the same from the applicant a fee of [Rs. 500 (Rupees five hundred only)] shall be paid in respect of each application and a treasury receipt of the fee shall be submitted along with the application.]
[The licensing authority shall send the report in Form 'L' for extension of validity of no objection certificate or for relaxation of the condition already imposed in the no objection certificate and in Form M for exemption from the Tamil Nadu Cinemas (Regulation) Rules 1957.]
[Explanation. - for the purpose of this sub-rule durations covered by stay orders of the Commissioner Land Administration or of the High Court reckoned from the date of passing the order of stay to the date of pronouncement of the final order vacating the stay should be excluded in calculating the period of validity of the no objection certificate.]
[(4) Any person aggrieved by the orders of the licensing authority granting or refusing to grant a no objection certificate, may appeal to the Commissioner Land Administration. The rules in Part III shall apply to such appeals.]
Part-II(B)
Approval of Plan of Building
- (1) On receipt of the certificate referred to in rule 36, the applicant shall submit an application for approval of plan of building to be constructed in the approved site. Such application shall be accompanied by-his a on is under consideration.
[(i) complete plan, elevation and section in quadruplicate of the premises and of all erections or buildings thereon drawn correctly to a scale of (one centimetre to a hundred centimetre-1:100) and showing the position of electrical machinery and cinema apparatus prepared by an Engineer holding BE degree in Civil Engineering of Anna University or Annamalai University or any other Universities recognised as its equivalent by the All India Council of Technical Education, New Delhi or by an Architect, holding the recognised qualification as defined in clause (d) of section 2 of the Architects Act, 1972 (Central Act 20 of 1972) and registered as an architect under the provision of the said Act or by a holder of a diploma in Civil Engineering with an experience for a period of not less than ten years in building construction:
Provided that the holder of a diploma in Civil Engineering can only prepare drawings/ structural design calculations/ structural detailing for the building in which not more than one cinema house is proposed to be located:
Provided further that the structural design calculations structural detailing for execution of building shall be done only by a holder of B.E. degree in Civil Engineering for any type of cinal theatre and cinema theatres with commercial complex in association with an architect if the architect prepared the drawings".]
(ii) a block plan in duplicate on a separate sheet showing the position of such premises in relation to any adjacent premises and to the pub He thoroughfare upon which the site of such premises abuts, drawn to a scale of not less than [one centimetre to fifteen metres;]
(iii) a treasury receipt for the payment of fees for construction of building and installation of machinery at the rates prescribed by the local authority; and
(iv) a plan (in single line) of the wiring in duplicate, a copy of which shall be sent to the Electrical Inspector.
(2) The cardinal points shall be marked on such drawings. All drawings shall be coloured to distinguish the material employed in the construction of buildings and erections.
(3) The width of all staircases and the number of steps in each, the width of corridors, gangways and doorways together with the height of any galleries or tiers in such premises and in any of the erections or buildings in connection therewith as are more than one tier in height shall be indicated on such drawings, as well as the floor and roof ventilation and the details of any intended gas or electric installation. The thickness of the walls and scantlings of the various materials used shall be clearly shown on such drawings by figured dimensions.
- [(1) On receipt of the plan in triplicate, the licensing authority shall consult the Public Works Department Authority concerned, who shall send his report within one month from the date of receipt of reference from the licensing authority. The licensing authority shall grant or refuse approval of the plan of building within two weeks after the receipt of the report of the Public Works Department Authority concerned. If the licensing authority differs from the opinion of the Public Works Department Authority concerned, he may consult the next higher authority concerned of the said department. In such case, the order granting or refusing approval shall be passed within a period of one month after the receipt of the report of the said higher authority. The licensing authority shall send one copy of the approved plan of the building to the local authority concerned. In case, the licensing authority refuses approval, the reasons for the same shall be recorded by him.]
[(1-A) Five copies of the approved plan may be, given on payment of a fee of Rs. 500 (Rupees five hundred only) and further additional copies of the approved plan may be given on payment of a fee of Rs. 100 (rupees one hundred only) per copy.]
(2) The licensing authority shall consult the Electrical Inspector empowered to issue the electrical certificate as to whether the wiring plan enclosed with the application conforms with the rules. The Electrical Inspector shall scrutinise the schematic layout and the method of construction and convey his approval or suggestions to the licensing authority within one month from the date of receipt of reference from the licensing authority. The Electrical Inspector shall not; suggest or order any modification subsequently after the plan has been approved and the works have been complete in accordance with the approved plan.
[38A. In case of non-compliance of any rule in respect of a new theatre, the licensing authority shall refer the same to the Government for orders, before the grant of C Form licence, with the reasons for the omission to comply with the rule.]
- An exemption may be granted by the Government from the operation of any particular condition or restriction, provided a strict application of it involves-
(a) heavy structural alteration to the existing premises; and
(b) enormous cost or loss to the licensee.
Part II(C)
Approval of Building Constructed and Issue of Licence
- (1) On commencement of construction, the applicant shall notify the [Public Works Department Authority concerned]to enable him to issue the certificate of structural soundness under sub-rule (4).
(2) On completion of the building according to the approved plan, the applicant shall obtain,-
[(i) a certificate in Form 'D' from the Electrical Inspector covering provision in rule 11 in Part I-A, rules 65 to 74,76,79 in Part IV and the rules 86 to 91 in Part V;]
(ii) a certificate from the Executive Engineer covering the provisions in rules 54 to 56, 59, 60, 77 and 78 in Part IV and rules 80 to 82 in Part V.
[(3) The Chief Electrical Inspector's Certificate in Form 'D' shall be valid for a period of three years, provided that for reasons to be recorded in writing, the Officer granting the certificate may reduce the period of validity of the certificate to any shorter period.]
[(4) The Executive Engineer' shall issue a certificate of structural soundness of the building in Form 'N' along with a report in Form 'O' which shall be valid for a period of three years:]
[Provided that in the case of a building which is more than twenty years old, the certificate of structural soundness shall be valid for a period of one year only:]
Provided [further] that, for reasons to be recorded in writing, the officer granting the certificate may refuse to issue such certificate.
Explanation. - For the purpose of issuing a certificate under this rule, the Executive Engineer shall have power to make an inspection of the building including the right to probe any portion of the structure and to call upon the applicant for the licence to furnish him with detailed particulars regarding the quality and proportion of the materials used in the construction of the building.
(5) The applicant, if aggrieved by an order of the Executive Engineer refusing to grant a structural soundness certificate, shall have the right to refer the matter to the [next higher authority concerned of the said department] concerned whose technical opinion thereon shall be final.
(6) [* * *]
- After obtaining the certificates referred to in rule 40, the applicant shall submit his application for licence in writing to the licensing authority. The application shall be accompanied by-
(1) the certificates issued by the Substituted by G.O. Ms. No. 1357, Cinema, dated the 8th September 1993.[Public Works Department Authority concerned] and Electrical Inspector;
(2) a declaration by the applicant to the effect that he has completed all arrangements for obtaining films approved by the State Government under section 6 of the Act and films certified by the Central Government with the previous approval of the Central Film Advisory Board for exhibition at each performance together with a statement from the suppliers confirming that such arrangements have been made;
(3) a treasury receipt for the payment of fees for licence at the rates prescribed in rule 43, and
[(4) evidence of having insured the audience with an insured company against the insurers liability for payment of compensation to the victims of fire or other accidents inside the auditorium; and]
[(5) a certified copy of the registered deed authorising the applicant to act as a Managing Partner or Managing Trustee, in case the cinema theatre is run by a partnership firm or a trust, as the case may be.]
- [(1) On receipt of the application for licence together with the certificates referred to in rule 41, the licensing authority shall issue to the applicant within two week from the date of its receipt a licence in Form 'C' for the period covered by the Chief Electrical Inspector's certificate, and structural soundness certificate refuse to issue such a licence. A copy of the plans and drawings referred to the rule 37 shall be attached to the licence. (A copy of the order shall be communicated to the applicant and to the persons, if any, who have filed objections before the licensing authority.)]
(2) A duplicate of a licence may be granted on payment of a fee of [Rs. 1,000 (Rupees one thousand only)].
- [(i) For every licence when granted a fee shall be charged according to the scale laid down below.]
For a triennial licence. - Rupees three hundred for an area of 100 square metres less with an additional fee of rupees one fifty tor every 50 square metres or fraction thereof in excess of 100 square metres subject to a minimum of [Rs. 2500 (Rupees two thousand five hundred only].
For a temporary licence for a period not exceeding three months for a building not thatched nor constructed of inflammable materials. - [Rs. 100 (Rupees one hundred only]for a month or for a portion thereof for an area of [100 square metres] or less with an additional fee of rupee, twenty-five for a month or for a portion thereof for every [50 square metres] or fraction thereof in excess of [100 square metres].
[(ii) one-half of the fee shall be credited to the local authority concerned excluding Panchayats.]
[(iii) For reasons to be recorded in writing, the licensing authority may grant a licence so as to be valid for a period of less than three years, in which case he shall collect only the proportionate licence fee.]
(iv) A temporary licence for a permanent building shall be granted only for a period not exceeding three months in the aggregate within any continuous period of twelve months. The fees for temporary licences shall be leviable at half of the above rates, where the buildings or enclosures are used solely by day and without lights; and
(v) In case of refusal of the grant of a licence, a refund at the rate of one-half of the total amount of the fee collected, may be made to the applicant. The application for such refund shall, however, be made by the applicant within one month from the date of receipt of the orders of rejection of his application for grant of licence. The refund shall be made after the expiry of the period of appeal or after the disposal of the appeal if one has been presented.
Explanation. - Where the place consists partly of a structure and partly of a mere unroofed enclosure, the fee shall be calculated on the area of the structure alone.
- [(1) For the inspection of the enclosure, cinema apparatus and plant, electric installation, fire fighting and precautionary measures, when first erected, a fee of [Rs. 2,500 (Rupees two thousand and five hundred only)]shall be paid in advance by the applicant for the electrical certificate for a period of three years into a Government treasury to the credit of the Government under the appropriate head of account.]
For the inspection of the building by the [Public Works Department Authority Concerned] in connection with the issue of a certificate regarding its structural soundness, a fee of rupees one hundred and twenty-five shall be paid in advance by the applicant for the grant of a licence, into a Government treasury to the credit of the Government under the head "XXXVII-Public Works Revenue-Miscellaneous other receipts Fees for the issue of certificate of structural soundness of cinemas". For every inspection of permanent cinema building licensed under the Act in connection with the issue of a certificate regarding its structural soundness once in three years, a similar fee of rupees one hundred and twenty-five shall be paid by the licensee into a Government treasury under the head of account specified above.
[* * *]
(2) A duplicate of the Chief Electrical Inspector's certificate may be granted by the Chief Electrical Inspector on payment of a fee of Rs. 25, provided that the application is submitted through the licensing authority.
[44A. When the legal heir of a deceased licensee applies for re-grant of the expired 'C Form licence the licensing authority may re-grant the licence after obtaining a report from the Revenue Divisional Officer concerned;]
[Part II-A]
Compoundable Offences
44B. The offences which may be compounded as provided in section 8-A of the Act shall be specified in the Table below -
| SI. No. | Details of the Offence | Condition/ Rule/ Section |
| (1) | (2) | (3) |
| 1. | Conducting matinee and other extra shows without prior permission | Condition 14-A of "C" Form licence |
| 2. | Conducting shows in the theatre without valid C Form licence or E permit | Section 3 |
| 3. | Leasing out theatres without permission of the licensing authority | Condition of "C" Form licence |
| 4. | Allowing unlicenced operators to handle projectors | Rule 11(1) |
| 5. | Dirty and insanitary conditions of the auditorium, lavatories, etc. | Rules 55(1) and Rule 80(2) |
| 6. | Non-provision of fans or provision of defective fans | Rule 64(1) |
| 7. | Refusal of licensees to apply fire resistance paints in the auditorium | Rule 56(1) |
| 8. | Poor conditions of seals and chairs | Rule 84(1) and 84(5) |
| 9. | Poor ridden conditions in the auditorium | Rule 80(6) |
| 10. | Lack of periodical white washing | Rule 80(6) |
| 11. | Non-display of ticket rates at booking counter | Rules 8 3(1 A) (b) |
| 12. | Non-provision of drinking water or provisions of unclean water | Rule 81 (i) |
| 13. | Non-exhibition of news reals | Section 6 |
| 14. | Non-exhibition of cinematograph Act and Rules in the auditorium | Rule 5 |
| 15. | Non-production of "C" Form licence and related certificates before inspecting authorities. | Rule 9 |
Part III
Appeals
- The [Joint Commissioner of Land Administration]shall be the appellate authority to which an appeal under section 5(7) [or section 9-A] of the Act against the decision of the licensing authority shall be preferred. Such appeal shall be preferred within 30 days of the date of receipt of the order appealed against, [and during the said 30 days time, the licensing authority shall not give effect to the order of suspension or revocation:]
[Provided that the appellate authority may admit an appeal preferred within a period of two months after the expiry of the prescribed period of thirty days aforesaid, if sufficient cause is shown for not preferring the appeal within the prescribed period:]
Provided further that in computing the periods aforesaid, the time taken for obtaining a certified copy of the order appealed against shall be excluded:
Provided also that, where an appeal is presented within the prescribed period of thirty days aforesaid, but is returned by the appellate authority for re-presentation in the prescribed manner; and if such appeal is re-presented in the manner prescribed and within the date, if any, specified by the appellate authority for the re-presentation of the appeal, the appeal so re-presented shall be deemed to have been presented within the prescribed time for the purpose of this rule.
- [(1) An appeal preferred under rule 45 shall be submitted in duplicate in the form of memorandum with as many extra copies as there are respondents impleaded in the case, setting forth concisely the grounds of objection to the order which is the subject of appeal and shall be accompanied by the original or a certified copy of the order appealed against.]
[(2) The appeal shall be signed by the appellant or by his authorised agent and presented to the appellate authority in person or by agent at any time during the office hours on any working day or sent by registered post acknowledgment due. The authorisation of the agent to present appeals shall be in writing and shall accompany the appeal unless the agent holds a power of attorney.]
- (1) A fee of rupees [Rs. 1,000 (Rupees One thousand only) for permanent and Semi permanent cinema and Rs. 800 (Rupees Eight hundred only for travelling cinema]shall be paid in respect of each appeal and the memorandum of appeal shall be accompanied by a treasury receipt for the amount of the fee due on the appeal. [No Court-fee stamp need be a affixed to the memorandum of appeal,]
(2) If a petition purporting to be an appeal is found by the appellate authority to be inadmissible for want of jurisdiction, [the entire] fee paid in respect of such appeal may be refunded to the appellant. The application for such refund shall, however, be made by the appellant within one month from the date of receipt of the orders of rejection of his appeal.
[(3) If an appeal is not filed after the fee has been remitted into the treasury, the entire fee so remitted may be refunded to the appellant. The application for such refund shall, however, be made by the appellant within one month from the date of remittance.]
[Part III-A]
Revision
47A. (1) The Government may entertain an application for revision against the decision of the appellate authority under section 5(7) or section 9-A(l) of the Act. Such application for revision shall be preferred within thirty days from the date of receipt of the order of the appellate authority:
Provided that the Government may admit an application for revision preferred within a period of two months after the expiry of the prescribed period of thirty days aforesaid, if sufficient cause is shown for not preferring the application for revision within the prescribed period:
Provided further that in computing the periods aforesaid, the time taken for obtaining a certified copy of the order of the appellate authority shall be excluded:
Provided also that, where an application for revision is presented within the prescribed period of thirty days aforesaid, but is returned by the Government for representation in the prescribed manner, and if such an application for revision is re-presented in the manner prescribed and within the date, if any, specified by the Government for the re-presentation of the application for revision, the application for revision so presented shall be deemed to have been presented within the prescribed time for the purpose of this rule.
(2) An application for revision preferred under sub-rule (1) shall be submitted in triplicate in the form of a memorandum with, as many extra copies as there are respondents impleaded in the case, setting forth concisely the grounds of objection to the order which is the subject of revision and shall be accompanied by the original or a certified copy of the order of the appellate authority.
(3) The application for revision shall be signed by the petitioner or by his authorised agent and presented to the Government at anytime during the office hours on any working day or sent by registered post acknowledgment due. The authorisation of the agent to present the application for revision shall be in writing and shall accompany the application for revision unless the agent holds a power of Attorney.
(4) A fee of [Rs. 1000 (Rupees one thousand only)] for permanent and semi permanent cinema and [Rs. 600 (Rupees six hundred only)] for travelling cinema shall be paid in respect of each application for revision and the memorandum of application for revision shall be accompanied by a treasury receipt for the amount of the fee due on the application for revision. No Court-fee stamp need be affixed to the memorandum of application for revision.
(5) If an application purporting to be an application for revision is found by the Government to be inadmissible for want of jurisdiction, the entire fee paid in respect of such application for revision may be refunded to the petitioner. The application for such refund, shall, however, be made by the applicant within one month from the date of receipt of the orders of rejection of his application for revision.
(6) If an application for revision is not filed after the fee has been remitted into treasury, the entire fee so remitted may be refunded to the applicant. The application for such refund shall, however, be made by the applicant one month from the date of remittance.
Part IV
Building
- (1) No site which would admit the storm-water draining into it owing to its level or location, shall be used for the construction of a building unless arrangements are made to prevent effectually the flooding of the site either by draining into a storm-water course if one is available, or by raising the level of the site to an adequate height by the deposit of layers of sand and non-prescribe material.
(2) No site wherein the soil and sub-soil would be so saturated with water dampness of the floor and walls of the building would be inevitable, shall be used for the construction of a building, unless a damp-proof course is provided in the basement of the building not higher than the level of the lowest floor unless the flooring is made with a material approved by the licensing authority which would effectively prevent the dampness rising in the floor of building.
(3) Every person who constructs, re-constructs or alters, or adds to, a building shall, wherever the site is within [15 metres] of any tank, reservoir, watercourse, river, fresh-water channel or well, carry out such measures as may be necessary or as the licensing authority may direct, for the purpose of preventing any contamination of, or any risk of the drainage of the building passing into such tank, reservoir, water-course. river, fresh-water channel or well.
[(4) No site in which a power line passes above or adjacent to it within the minimum clearance distance specified in the Indian Electricity Rules, 1956 shall be used for the construction of a building. In the case of an existing building in which a power line passes above or in front of, and outside the premises, closing the approach way, adequate minimum clearances shall be observed and protective devices shall be provided, as per the provisions in the Indian Electricity Rules, 1956.]
- (1) The foundations of every building newly constructed shall be-
(i) so constructed that they will sustain the combined load of the building and of the superimposed load and transmit those loads to the sub-soil in such manner, as not to impair the stability of the building or any part thereof by the settlement caused by the pressure of such loads; and
(ii) taken down to such a depth, or so constructed, as to render the building immune from damage from movements due to seasonal variations in the content of moisture, in the ground.
(2) Every person who constructs, re-constructs, adds to, or alters a building, should take necessary steps so as to secure proper stability of the buildings and to tender the building immune from any settlement or movement that may be caused the soil on account of seasonal variations in the contents of moisture, in equalities of soil resistance, lateral escape of soft soil, sliding of the sub stratum on slopping ground, distributed or concentrated lateral pressure or other causes.
- Every person who constructs, re-constructs, adds to, or alters a building shall comply with the following requirements:-
The ground floor of lowest floor of the building shall be at such a level as will allow of the effectual drainage of that floor. It shall, ordinarily, be not less than [half a metre] above the ground or site level.
- Every building shall be provided with means for the effectual drainage of storm water, sullage and sewage from the premises, and sufficient and suitable sanitary conveniences for the use of the occupants of the building.
- Every permanent cinema building shall satisfy the following requirements:-
(1) Such building has a road frontage on the public thoroughfare upon which the site of such building abouts;
(2) Suitable booking windows for the various classes are provided within the building in such a position that there is room for queues of would be purchasers of tickets to form up within the premises without causing any obstruction to traffic on the public road;
(3) Suitable handrailing [1.2 metres] high in front of booking windows shall be provided to enable would be purchasers of tickets to form up queues within the premises. The handrailing should be of galvanized iron pipes at [0.2,286 m. to 03.048 m.] centres in tabular posts as per specification No. 88 of the Madras Detailed Standard Specification or reinforced concrete work or wood work and should be so located that the width of the passage is not less than [60 cm];
(4) Suitable shelters shall be provided for protecting the would be purchasers of tickets standing in queues from sun and rain. The shelters may be of permanent pucca construction or of a light type of construction with asbestos cement sheets over steel or precast reinforced concrete members. The shelters should be so arranged that they do not affect light and ventilation and at the same time afford protection against sun and rain for the would be purchasers of tickets standing in the queues;
(5) The handrailing and shelter mentioned in sub-rules (3) and (4) above shall be sufficient to accommodate at least one-third of the number of the would-be purchasers of tickets; and
(6) Suitable means of entrance and exit are provided for the public in such frontage [not less than five metres in width and shall open on public thoroughfare; and]
(7) In addition, there shall be not less than two reserved entrance and exists in the compound wall for the free movement of persons and for facilitating rescue operations in times of emergency [and each of such entrance and exit shall be of not less than five metres in width]. The entrance and exit ways shall be separate and distinct.
[52A. (i) No person other than a licensee or his agent duly authorised by him in writing shall sell or offer or expose for sale or cause to be sold or cause to be kept or exposed for sale any ticket or pass or any other evidence of the right of admission to any cinema.
(ii) No ticket or pass or any other evidence of the right of admission to any cinema shall be sold, kept or offered or exposed for sale in any place other than the booking offices provided for the purpose at the cinema theatre itself and shall not be sold to any person other than a person who lines up in queue, if any, before the booking window:
Provided that the licensing authority may, in the case of charitable shows or for any other sufficient reason, permit in writing the sale of tickets, passes or any other evidence for admission at places other than the booking offices or by persons other than the licensee or agent duly authorised by him in writing.]
- The building shall be provided on at least three of its sides with an open space of not less than 6.10 metres in width or of such greater width as may be required by the licensing authority for parking the number of cars which would be normally attracted, and for the purpose of the free movement of persons and for facilitating rescue operations in times of emergency:
Provided that in the case of a building where the licensee has provided adequate parking space for cars either in the basement or ground floor over which the auditorium is located, or in the vicinity of the building, acceptable to the licensing authority, there shall be an open space of not less than 3.05 metres on all sides of the building except on the rear side, for the free movement of persons and to facilitate rescue operations in times of emergency:
[Provided further that in the case of a building with shopping complex, the licensing authority shall consider the requirement of open space, in consultation with the authorities or the Planning Department, Police Department. Fire and Rescue Services Department and the Public Works Department, keeping in view the number of persons expected to visit the shopping complex as well as the cinema theatre and other aspects concerning free movement of persons and vehicles and the space required to facilitate rescue operation in times of emergency.]
(2) The caves of the building shall have a height of not less than [3.10 m.].
[(3) In the case of a building with more than one story, where the licensee has provided parking space for vehicles in the basement, the vertical height of the parking stalls in the basement shall, in no case, be less than 2,10 meters from the floor level.]
- The premises shall be enclosed with proper external or parting walls of brick or stone.
- (1) The licensee shall provide suitable means of drainage to the building and also sanitary conveniences of such description and design as may be prescribed on the recommendation of the Public Works Department Authority concerned who has to issue the structural soundness certificate of the building for the exclusive use of each sex according to the scale indicated below and shall cause the same to be maintained in good order and sanitary condition:-
Scale of sanitary accommodation to be provided:-
Men-
Urinals-One stall (seat) for every hundred persons.
Latrines-One stall (seat) for every two hundred persons.
Women-Same scale as for men.
[(2) Notwithstanding anything contained in sub-rule (1), the requirements for fitments for drainage and sanitation in respect of the building constructed or reconstructed after the 1st April 1975 shall be as follows:-]
Requirement for Fitments
| SI. No. | Fitments | Male Public | Female Public | Male Staff | Female Staff |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1. | Water Closets | 1 for every 100 persons upto 400 persons | 2 For every 100 persons upto 200 persons | 1 for 1-15 persons | 1 for 1-12 persons |
| For above 400 persons add at the rate of 1 for every 250 persons or part thereof | For above 200 persons add at the rate of 1 for every 100 persons or part thereof | 2 for 16-35 persons | 2 for 13 to 25 persons | ||
| 2. | Ablution Taps | 1 in each water closet | 1 in each water closet | 1 in each water closet | 1 in each water closet |
| 3. | Urinals | 1 for 4-50 persons or part thereof | Nil | Upto 6 persons, 1 for 7-20 persons and 2 for 21-45 Persons | Nil |
| 4. | Wash Basins | 1 for every 200 persons or part thereof | 1 for every 200 persons or part thereof | 1 for 1 15 persons 2 for 16-35 persons | 1 for 1-12 persons 2 for 13-25 persons |
[55A. The licensee shall provide bulk head fittings in the queue sheds, ticket counters and toilet rooms intended for the use of the public.]
- (1) The floor, roof-ceiling, private boxes, balconies, galleries, tiers, partitions and every room, lobby, corridor and passage intended for the use of the public shall be constructed of fire-resisting materials
[(1-A) False ceiling either for sound effects or air conditioning or other similar purpose shall be so constructed as to prevent either total or early collapse in the event of fire so that persons underneath are not fatally trapped before they have time to reach the exits. To provide easy access for the fighting apparatus cat walk of suitable materials should be provided. The fire resistance requirements for the different structural elements composing the building shall be in accordance with Table 5 of the Indian Standard Institution 4878-1968.]
(2) No panelling of walls with wood and other combustible materials for decorative and other purposes in the cinema building shall be permitted:
Provided that in cinema building in which such panelling has already been effected, the combustible materials with which the panelling has been effected shall be treated with fire-resistant paints [or varnish],
- (1) Where the first tier or balcony extends over the pit or stall, the height between the floor of the pit or stall and such tier or balcony shall not in any part, be less than [3 metres]; the height between the floor or the highest part of the gallery and the lowest part of the ceiling over the same shall not, in any part, be less than [3.75 metres]. The height between any tier and the tier or ceiling above it shall, in on case, be less than [2.75 metres].
[(2) Notwithstanding anything contained in sub-rule (1), where a balcony is provided in respect of the buildings constructed or re-constructed after the 1st April 1975, its projection into the hall shall not be more than three times the free height of the opening of the balcony recess.]
- (1) No corridor leading to any staircase communicating with any exit shall be less than [1.5 metres]in width in any part thereof.
(2) Where possible, gradients or inclined planes shall be used instead of steps, but no gradient or inclined planes shall be steeper than 1 in 10.
- Where cloak-rooms are provided, they shall be situated that the use of them shall not obstruct the free use of any exit.
- (1) All outside doors for the use of the public shall be made to open outwards and all internal doors shall be so fitted as not to obstruct, when open, any gangway, passage stairway or landing. Such doors, when open, should engage on an automatic spring.
(2) The size of the doorways shall not be less than [2.25 metres by 1.5 metres] the width being measured between the leaves of the door in the open positions.
(3) When doors open on to any gangway, passage, stairway or landing, such doors shall open in the direction the public move to the exit. No door shall open out directly on to a flight of steps. There shall be a landing of at least [1.5 metres flush with the door].
- (1) All staircases shall be constructed entirely of stone, cement or concrete with fire-resisting roof and ceiling and shall have solid square (as distinguished from spandrel) steps and landing of approved stone or of such other fire-resisting material and construction as may be approved by the licensing authority with treads not less than [27.5 cm]wide and with risers not more than[1.5cm] high (each lapping at least [2.5 cm] over the back edge of the step below it) in flights of not more than 15 or less than 3 steps.
(2) The floors of all landing shall be [15 cm] thick.
(3) Every staircase forming an exit from an upper gallery or tier of the auditorium shall be enclosed on both sided with walls of brick or fire-resisting materials in the storeys through which it passes and no opening shall be made into auditorium except the one required for exit from the gallery or tier which it serves:
Provided that staircases leading to the first or lower gallery or tier may be left open on one side in which case the open side shall be provided with extra stout handrails and balusters, but in no case shall staircases be left open on both sides.
(4) All enclosed staircases shall have on both sides strong handrails firmly secured to the wall by strong metal brackets about [7.5 cm] clear therefrom and about [1 metre] above the stairs, but such handrails shall not run on level platforms and landing where the length of such platform or landing exceeds the width of the stairs.
(5) Where the flight of steps returns upon itself the new wall shall be chased so as to allow the handrails to turn without projecting over the landing.
(6) The treads and risers of steps on each flight shall be of uniform width and height.
(7) Each flight of steps shall be properly supported and enclosed to the satisfaction of the licensing authority.
(8) No staircases shall have more than two flights of 15 steps without a turn and the width of the landing between such flights shall be at least the same as the width of the staircase.
(9) There shall be at least two staircases each not less than
(10) Stairs turning at an angle shall have a proper landing without winders being introduced at the turn.
(11) There shall be no recesses or projections in the walls of such staircases within [1.75 metres] of the floor and any fittings for lighting shall be at least [2 metres] above the steps or landing
- (1) Every building shall be provided with an adequate number clearly indicated entrances and exists so placed and maintained as readily to afford the audience ample means of safe movement, and with a passage [1 metre]width for every ten rows of seating accommodation. By adequate is meant [1.5 linear metres] of exit way for [45 square metres] of sitting space inside.
[(2) A common place of egress may serve as the exit, for the floor and the first tier of the auditorium, provided the capacity of such place of egress is equal to the aggregate capacity prescribed by these rules for the necessary outlets from floor and tier.]
(3) If the floor or any tier of the auditorium is divided into two or more separate exits as prescribed in the rules shall be provided for each such part.
(4) All doors shall open outwards and shall be distributed round the hall and merely at one end or side.
(5) The words No exit' shall be painted over all doors or opening which are in sight of the audience but which cannot be used as exits.
The word 'Exit' shall be painted over all exit doors. The words 'No Exit' and 'Exit' shall be painted in letters of [15 cm] high and [2.5 cm] thick.
(6) A notice shall be clearly painted on the exit doors indicating the method of opening.
(7) Each exit notice shall be illuminated by a light; Such lights shall be kept burning the whole time the public are on the premises.
- The following provisions shall be observed in providing seating accommodation-
(1) The gangways shall be not less than [1.25 metres] in width and shall arranged that no seat shall be more than 10 seats from a gangway.
(2) The angle of elevation subtended at the eye of any person seated in the row nearest to the screen by the length of the vertical line dropped from the centre of the top edge of the picture to the horizontal plane passing through observer's eye shall not exceed 35 degrees, the height of the eye of the person seated being [1.10 metres] above the floor level. A strong barrier or other efficient partition shall be provided to enforce this provision.
(3) The angle between the vertical plane containing the upper edge of the picture and the vertical plan containing the observers eye and the remote end of the upper edge of the picture shall not be less than 25 degrees. A strong barrier or other partition, shall be provided to enforce this provisions.
[(4) In theatres where 70 mm. picture is exhibited, the front row shall not be near to the screen than the effective width of the normal picture for 35 mm, film ¾th of effective width, for cinema scope and half of the effective width for 70mm. film. The distance shall be measured from the back edge of the front row to the screen. Where the screen or the row or both are curved, the distance shall be measured from chord to chord.]
- (1) The licensee shall provide sufficient and approved artificial means of ventilation whenever required by the licensing authority. Artificial means of ventilation shall include provision of exhaust fans. [The standard for ventilation shall be 28 cubic meter of fresh air per seat per hour.]
(2) Guards shall be provided for ceiling fans with less than 2.25 meters clearance; the height between the guard and the floor shall not be less than 2.20 metres.
(3) At the time of the grant of the licence for the first time, the licensing authority may require that the auditorium shall be provided with exhaust fans at the rate of one exhaust fan for a floor area of 45 square metres or fraction thereof.
[64A. (i) In air-conditioned theatre inside temperature shall be 75 F plus or minus 3°F for dry bulb temperature of 750F
(ii) The air conditioning should have fully gone into effect at the start of the show and should continue throughout the show.
(iii) The licensee should install a recording type electronic temperature indicator in the air-conditioned theatre to check the condition imposed in clause (i). The indicator should be located at the office of the Manager or the licensee in the theatre. [* * *] The bulb of the recording type electronic temperature indicator should be installed by the licensee inside the auditorium at an appropriate place with sufficient guard which shall be locked and sealed by the licensing authority or his subordinate who has been authorised the licensing authority for this purpose.
(iv) The licensing authority should enter in the "C" Form licence the capacity of the air-conditioning unit installed in the theatre by the licensee.
(v) A complaint book should be kept at the office of the Manager or licensee in the theatre to enable the persons who witness film shows in the theatre to record therein complaints, if any.
(vi) In the event of a breakdown of the air-conditioning plant, the licensee shall always keep ready and make alternative arrangements for ventilation and air circulation of such standard in accordance with the requirements in rule 64.
(vii) Where there is breakdown of the air-conditioning plant, the licensee should inform the licensing authority of the breakdown within 24 hours of its occurrence before it is rectified.]
- The cinema apparatus shall be placed in an enclosure of substantial construction made of, or lined internally with fire resisting material, and of dimensions sufficient to allow the operator to work freely.
- (1) The enclosure shall be outside the auditorium. In cases where a rewinding room adjoins the enclosure and has a common door between leading from one to the other, this door shall be provided with a single shutter having suitable springs to make it self-closing.
(2) If the enclosure is inside the auditorium, no openings other than those required for projection and observation of the enclosure shall be permitted to communicate with the auditorium.
- The openings in front of the enclosure shall not be larger than is necessary for effective projection and of observation. No such opening shall exceed [20 centimetre square]:
Provided that where a special type of film projector requires a wider opening the Chief Electrical Inspector may permit a larger opening up to a maximum of [60 centimetres square].
- Each Opening shall be provided with a plate glass screen not less than [5 millimetres]in thickness fixed in position within smoke tight joint:
Provided that for openings of less than [130 square centimetres] the thickness of the plate glass screen shall not be less than [3 millimetres]: Provided further that for openings of more than [20 centimetres square]-
(i) the glass screens used shall be of armoured plate or wired plate glass;
(ii) metal screens shall be provided in addition to the glass screens, and the opening shall be closed with the metal screens when not in use for projections; and
(iii) notice shall be put up in the cabin to the effect that the openings shall be closed with the metal screens when the openings are not in use.
- (1) Lanterns shall be placed on firm supports constructed of fire resisting material and shall be provided each with a metal shutter which can be readily inserted between the source of light and the film gate.
(2) Where the electric pressure in the enclosure exceeds 125 volts, all metal supports of the lantern shall be connected to the earth.
- Cables for cinema lamps shall be taken as separate circuits from the supply side of the main fuses in the general lighting circuit.
- An efficient double pole switch shall be fitted within the enclosure in the cinema lamps circuit.
- Within the enclosure the insulating material of all electric cables, including those leading to illuminating lamps, shall be covered with fire-resisting material. If the electric pressure to the cabin exceeds 125 volts, all cables inside the cabin shall be enclosed in screwed metal conduits connected to the earth. Lead covered cables shall not be used unless enclosed in such conduits.
- All resistances, with the exception of a resistance for regulating purposes, shall be placed outside the enclosure and, if reasonably practicable, outside the auditorium. If placed inside the auditorium, such resistances shall be protected by an earth wire guard or other efficient means of preventing accidental contact.
- (1) The electric lighting of the premises shall have at least three separate and distinct main circuits as follows:-
(i) For the enclosure and thence through a dimming regulator to the central lighting of the auditorium;
(ii) For the remaining half of the auditorium, passage ways, stairways, exit and parts of the building open to the public; and
(iii) For the remaining half of the auditorium, passage ways, stairways, exit and parts of the building open to the public.
The control of the circuits in respect of the two halves of the auditorium referred to in clauses (ii) and (iii) shall be remote from each other;
Where the general lighting of the auditorium is controlled from within the enclosure, there shall also be separate and independent means of control outside of and away from the enclosure. A competent person shall be appointed to be present and to be in charge of the general lighting when the public are on the premises.
[74A. In all permanent cinema buildings, lightning conductors shall be provided for the protection of building against lightning.]
- All permanent cinema buildings shall be in communication with the nearest fire brigade station by telephone when such facilities exist, which shall be fitted in such place and manner as the licensing authority may direct. The installation and maintenance of the complete telephone connection shall be carried out at the cost of the licensee.
- (1) No addition to, or alternation of, any part of the electrical installation within the cabin or auditorium or of the arc or projector in the cabin shall be made without the prior sanction of the licensing authority being obtained therefor. The licensee shall notify in writing his intention to make such addition or alteration simultaneously to the licensing authority and to the Chief Electrical Inspector. The licensing authority shall not accord his sanction for the addition or alteration unless the Chief Electrical Inspector or the officer deputed by him certifies that the alteration or addition fulfils the requirements of these rules.
(2) For addition to, or alteration of, any part of electrical installation outside the cabin or auditorium in the premises of cinema theatres, the licensee shall notify in writing his intention to make such addition or alteration to the Chief Electrical Inspector to Government or an officer designated by him along with schematic layout showing the existing installations and proposed additions or alterations duly signed by the contractor/ supervisor who is executing the work. The Chief Electrical Inspector to Government or an officer designated by him shall-arrange to inspect the premises and communicate his approval within 15 days from the date of receipt of the notice. If the approval of the Chief Electrical Inspector to Government or the officer designated by him is not received within the said period of 15 days, the licensee may proceed with the work.
(3) Any temporary changes necessitated by sudden break downs should be reported simultaneously to the licensing authority and to the Chief Electrical Inspector by wire immediately and in writing within 24 hours.
- No subsequent addition or alteration shall be made to the premises in respect of which a licence has been granted or to any part thereof, without the sanction of the licensing authority being obtained therefor and the plans and drawings relating to such addition or alteration being approved of by him.
- The licensee shall give notice in writing to the licensing authority of his intention to add or alter the licensed premises or any portion thereof and such notice shall describe clearly the intended additions or alterations and be accompanied by complete plans, elevations and sections and block plan and specifications of the work proposed to be executed, drawn up in the manner required by rule 37 in Part II. The licensing authority shall, before according sanction to the proposed addition or alteration, follow, as far as may be, the procedure laid down in rule 40 in that Part.
- (1) The Chief Electrical Inspector or any officer deputed by him, inspecting an installation under rule 44 in Part II or under rule 94 in Part VI shall, if he discovers any defect therein, issue written orders to the owner or person in charge for their rectification and prescribe reasonable time within which such orders should be carried out.
(2) If any further inspection shall in the opinion of the Chief Electrical Inspector or the officer deputed by him or the licensing authority have become necessary-
(i) owing to the neglect or failure of the owner or person in charge to carry out any written orders issued under sub-rule (1), within the time prescribed by the Chief Electrical Inspector or the officer deputed by him; or
(ii) owing to the other reasons to be recorded in writing a fee of rupees [four hundred] shall be charged for such further inspection and such fee shall be paid by the licensee [into a Government treasury under the head of account referred to in rule 44(1) in Part II of these rules within 15 days from the date of the receipt of a demand from the Chief Electrical Inspector].
[79A. Licensing of semi-permanent cinemas. - (1) The licensing authorities shall permit construction of semi-permanent cinemas and grant licences for such semi-permanent cinemas. Any such licence granted shall be valid for a period of five years and shall be subject to the conditions and restrictions specified in sub-rule (4):
Provided that the licensing authority may extend the validity of the licence by a further period of two years, to enable its conversion into a permanent cinema. The issue of a licence to such a cinema thereafter shall be considered by the licensing authority only if the rules applicable to a permanent cinema are complied with:
Provided further that a semi-permanent cinema located in Panchayat areas (Panchayats Grade I to III, Selection Grade Panchayat and Town Panchayats only) where there is scope for running only semi-permanent cinema, shall be allowed to continue as semi-permanent cinema till it is converted into a permanent cinema.
(2) The provisions of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955) and the rules made thereunder relating to permanent cinemas shall be applied to the semi-permanent cinemas subject to the conditions specified in sub-rule (4).
[(3) A licence granted for a semi-permanent cinema shall lapse at the end of five years.]
(4) (a) Semi-permanent cinemas shall be permitted in areas having a total population of less than one lakh and also not having more than three permanent cinemas already functioning in[the locality].
(b) All public conveniences any ticket counters fitted, with suitable hand-railing high in front of booking windows to enable the purchasers of tickets to form up queues, shall be as per the standard required for the permanent cinemas.
(c) The compound walls around the premises shall be so constructed that the front portion and a portion of the adjacent two sides shall be masonry construction of sufficient height so as to prevent outsiders causing inconveniences when the shows are on within the premises With side wide open and the remaining portion be of barbed wire fencing so that when the show is on with the side cladding thrown open, it may not give room to outsiders to peep over the compound wall into the cinemas.
(d) The side walls of the main building shall be dwarf walls 1.05 metres high plastered with lime mortar or [cement] over which durable black canvas or tarpaulin curtains shall be provided so as to shut off light and afford shelter from rain.]
Part-V
Maintenance of Premises
- The licensee shall cause-
(1) all windows and other means of ventilation in the building to be maintained in good order;
(2) every part of such building or place to be maintained in proper sanitary condition;
(3) the walls of the building to be hot lime washed at least once in every six months or to be painted once in every two years or more often if so prescribed;
[(4) All walls outside the auditorium to be lined with a washable surface to two metres height from the ground level so that they can be washed easily and kept clean always;]
(5) the premises to be thoroughly cleaned and all refuse matters to be removed at least once in every 24 hours or more often if so prescribed; [* * *]
(6) Debugging operation, regular spraying of residual insecticides against mosquitoes and fogging with insecticides by fogging machine or mist blower to be carried out at least once in a month in the auditorium to the satisfaction of the public health authorities and a permanent record of such operations to be kept.
(7) [* * *]
- (1) The licensee shall provide-
(i) a sufficient supply of wholesome drinking water for the use of persons employed in or frequenting such building; the quantity and the places and the method of storage and supply being prescribed by the licensing authority; and
(ii) spittoons of such description, in such numbers and in such places as may be prescribed on the recommendation of the Health Officer concerned.
(2) [* * *]
- (1) No passage, gangway, or corridor shall be used as a lock-room and no pegs or hanging hats, cloaks, etc. shall be allowed therein nor shall any such passage, gangway or corridor be used for storage purpose or for any purpose whatever except for exit and entrance from, and to, the auditorium.
(2) There shall be no recesses or projections in the walls of such passage-gangway or corridors within [1.75 metres] of the ground; light shall be not less than 2 metres above the ground
- (1)(a) The licensing authority shall fix the actual number of persons to be admitted to each class of accommodation provided in the auditorium. The number shall be arrived at by calculating at the rate of 20 persons per 10 square metres of floor area in respect of that portion of auditorium which is provided with chairs having backs and arms, and at the rate of 25 persons per 10 square metres of floor area in respect of any other class of accommodation:[Provided that not less than ten per cent of the total seat in the auditorium shall be reserved for the lowest class.]
[(aa) The licensing authority may on application by the licensee alter the rates of admission for any class of accommodation, if there has been any change in the amenities provided either in that class of accommodation or generally in the theatre or for any other valid reasons;]
(b) In calculating the area under clause (a), the area of the entrances, the passages, gangways, the stage, the staircases and all places to which the public are not admitted shall be excluded, but no part of the auditorium from which a person can watch the exhibition of films shall be excluded.
[(c) (i) The licensee may revise the rates of admission to theaters located in the areas, within the Minimum and Maximum rates as detailed below:-]
Rate of Admission
| A/c Theatre | Non A/c Theatre | |
| Municipal Corporation : | ||
| Minimum | Rs. 10/- | Rs. 7/- |
| Maximum | Rs. 50/- | Rs. 30/- |
| Municipalities : | ||
| Minimum | Rs. 5/- | Rs. 4/- |
| Maximum | Rs. 40/- | Rs. 30/- |
| Town Panchayats : | ||
| Minimum | Rs. 5/- | Rs. 4/- |
| Maximum | Rs. 25/- | Rs. 20/- |
| Village Panchayats : | ||
| Minimum | Rs. 5/- | Rs. 4/- |
| Maximum | Rs. 15/- | Rs. 10/- |
(ii) The licensee shall make an application to the licensing authority for making necessary endorsement "C" from licence for revision in rates of admission as per clause (i) above after making endorsement in "C" form licence, the licensing authority shall return the "C" Form licence to the licensee.
(iii) Subject to .the rates mentioned in (i) above, a licensee may charge a rate other than the rate endorsed in the "C" from licence, for any film for a specified period with due advance notice to the licensing authority and the Commercial Tax authority and with proper endorsement made by the Licensing Authority in the "C" form licence.
(iv) The maximum and minimum rates of admission to the theatre in the Multiplex provided with the following items shall be of Rs. 95/- and Rs. 10/- respectively:-
- Two or more fully air-conditioned theatres.
- Total Capacity of all theatres not less than 800 seats.
- Seat with width (pitch) of not less than 20 inches.
- 100 per cent power back-up by generators.
- Xenon or digital Projectors.
- Digital Sound System or DTS.
- Three Main Speakers.
- Three way Speakers.
- Surround speakers system.
- Toilet Urinals with automatic flush.
- Air-conditioned Lobby.
- Computer ticketing.
- Web ticketing.
- Home Delivery of Tickets.
(v) The maximum and minimum rates of admission to the theatres in the Multiplex provided with 10 items out of 15 items mentioned in clause (iv) above including the following 5 items shall be or Rs. 85/- and Rs. 10/-, respectively:-
(1) Two or more fully air-conditioned theatres.
(2) Total capacity of all theatres not less than 800 seats.
(3) 100 per cent power back-up by Generators.
(4) Xenon or Digital Projectors.
(5) Digital Sound System or DTS.
(vi) The maximum and minimum rates of admission to the theatres in the Multiplex having more than three theaters with air-condition and with family entertainment and restaurant facilities shall be of Rs. 120/- and Rs. 10/- respectively.
[(d) The Government may either suo motu or on receipt of application from the licensees, order the general revision of rates of admission to theatre including the theatres in Multiplex considering the amenities provided therein and the overall escalation of cost in all spheres related to the running of theatres.]
[(e) If the licensing authority is satisfied that the licensee has permitted persons in excess of the number as reduced under clause (d) for the class of accommodation in each part of the auditorium, the licensing authority may suo motu order the restoration of the number that existed prior to the reduction in the number sanctioned under clause (d) after giving the licensee an opportunity to state his case, if any, within 30 days from the date of receipt of a notice by him addressed to the cinema address to which the proposal relates and delivered by hand and acknowledgment obtained.]
[(1A) (a) The licensing authority shall fix the actual rates of admission I to each class of accommodation, provided in the auditorium after taking into account the proposals of the licensee, the amenities provided in the theatre, the prevailing rates of admission in similar theatres in similar localities within his jurisdiction and any other relevant factor.]
(b) The rates prescribed for each class of accommodation in the auditorium shall be clearly indicated by means of a board or other wise.
(c) (i) A licensee may increase the rates of admission for all classes except the lowest class, after giving notice to the licensing authority and commercial tax authority:
Provided that such enhancement shall not exceed seventy-five percentage of the rates that excised on 12.04.2002.
(ii) For lowest class, the rates should not exceed Rs. 10 for cities of Chennai, Tirucharapalli, Madurai, Coimbatore, Salem and Thirunelveli and Rs. 5 in other places and it shall be so fixed as to be less that the rates for the next higher class.
(iii) A licensee may change rates without any ceiling being fixed for a period of two weeks from the date of commencement of exhibition of new film in his theatre after giving notice to the licensing authority and the commercial tax authority and also after getting entry for endorsement to the effect in the C form licence from the licensing authority.
[(d) The Government may either suo moto or on receipt of application from the licensees, order the general revision of rates of admission in theatres, considering the overall escalation of cost in all spheres related to the running of theatres.]
(1-B) The [Joint Commissioner of Land Administration] may, either suo motu or on application by the licensee, revise the order of the licensing authority under sub-rules (1) and (1-A) after giving the licensee an opportunity of being heard:
[Provided that an appeal against the decision of the licensing authority shall be preferred within 30 days from, the date of receipt of the order appealed against. A fee for [Rs. 600 (Rupees six hundred only)] shall be paid in respect of each appeal.]
[(1-C) The Government may, either suo motu or on an application made by the licensee revise the order of the appellate authority under sub-rule (1-B):]
[Provided that an application for revision against the decision of the appellate authority shall be preferred within 30 days from the dates of receipt of the order of the appellate authority. A fee for [Rs. 400 (Rupees four hundred only)] shall be paid in respect of each application for revision.]
(2) All exit doors shall be kept unbolted during performance. All the top and bottom bolts of such doors shall, wherever possible, be capable of operation possible central handle on each pair of doors.
(3) The public may leave at the end of a performance or exhibition by any exit door.
(4) No chair or other obstruction shall be placed in any passage, gangway or staircase.
(5) No person shall be permitted to sit or stand in any gangway intersecting the seating or to sit in any gangway or between the screen and the barrier referred to in rule 63 in Part IV.
- The following provisions shall be observed in providing seating accommodation:-
(1) Chairs shall be battened together in complete lengths.
(2) In all cases, there shall be an intervening space of at least [35 centimetres] between the back of one seat and the front of the seat immediately behind measured between perpendiculars.
(3) Where a curtain is used to cover a doorway, it shall be so hung as to be easily pulled aside and the bottom edge of the curtain shall not be less than [7.5 centimetres] above the level of the floor.
(4) The area reserved for floor seats shall have a flooring of damp proof material.
[(5) Benches or chairs shall be provided for the lowest class in all permanent and semi-permanent cinemas:]
Provided that nothing contained in this sub-rule shall apply to a theatre, in which providing of benches or chairs in the lowest class will involve structural alterations to the theatre, until such time as they are re-constructed or remodelled.
- (1) Not more than 200 lb. of cinema film shall be stored in the premises to which the licence relates, unless a specific licence has been obtained from the Chief Inspector of Explosives in India as required by the Cinematograph Film Rules, 1948.
(2) The storage of film under sub-rule (1) shall be subject to the conditions specified in the Schedule to these rules.
- The door of the enclosure and of any rewinding room and all openings, bushes and joints shall be so constructed and maintained as to prevent, as far as possible, the escape of any smoke into the auditorium. Ventilators shall be provided for the enclosure and for any rewinding room by the ventilation ducts shall not communicate direct with the auditorium. The area of the ventilating ducts of the enclosure shall not be less than one per cent of its floor area.
Explanation. - By "bush" is meant packing inserted in the holes through which the pipes and cables pass in order to render such holes reasonably smoke-proof.
- Cinema projectors shall be fitted with two-metal film boxes of substantial construction to, and from, which the films shall be caused to travel. The film boxes shall be made to close in such a manner and shall be fitted with a film slot so constructed as to prevent the passage of flame to the interior of the box.
- Film shall be wound upon spools in such a manner that the wound film shall not at any time reach or project beyond the edges of the flanges of the spool. The rewinding of films shall not be carried out in the enclosure while an exhibition is in progress.
- All films, when not in use, shall be kept in separate closed metal boxes. The metal boxes shall be of substantial construction, the plate used being not less than [0.56 millimetres]thickness. Each box shall have a hinged cover secured by hasp and staple. A rack shall be provided for storing the closed metal boxes without piling. Films shall not be stored in any part of a building which is at a lower level than any other part thereof used for residential purposes.
- (1) A plan (in single line) of wiring shall always be kept in a prominent place in the office of the manager. The plan should conform, as far as may be, to the model wiring diagram appended to these rules.
[(2) In all cinema premises, sufficient number of approved electric lights fed from an independent source, or sources which are automatically switched on in case of failure of main lighting shall be provided in the auditorium, gangways, passages and exits:]
Provided that this rule shall not apply to the existing cinema premises until 1st July 1968.
Explanation. - The expression "independent source" will include "Battery sets".
(3) Whenever any illuminant other than electricity is used for the lantern, its use and the apparatus for its production shall be subject to the approval of licensing authority.
(4) Ordinarily, no open or naked lights shall be allowed, but if the nature of the performance or exhibition absolutely necessitates the use of naked lights, this fact shall be mentioned when an application is made for a licence.
(5) Where it is intended to use open or naked lights in any performance or exhibition, notice of such fact shall be given at least 48 hours prior to the performance or exhibition to the Fire Service and Rescue Department in places where, there axe fire brigades so that additional precautions may be taken.
- (1) The following fire extinguishing appliances shall be provided:-
[(A) In the enclosure-
(i) In the projection room. - One portable soda acid fire extinguisher and one dry chemical powder fire extinguisher, one bucket of water one bucket of sand and an asbestos blanket or woollen blanket of size 1.8 m. x 0.9 m;]
(ii) In the Rewinding Room. - One portable soda acid fire extinguisher and a bucket with water. A can containing water not less than 10 cm. deep in it shall also be provided near rewinding table for depositing the film clippings. The can shall have a self closing type of lid.
[(B) In the electrical motor room or switch gear room. - One dry chemical powder fire extinguisher:]
Provided that the existing carbon-di-oxide fire extinguishers shall be continued till their life time or condemnation;]
[(C) In the Auditorium:
(1) (i) Three portable soda acid fire extinguishers (two for auditorium and one for stage) and supply of not less than twenty-five litres of water per ten square metres of floor area shall be stored in the manner laid down in sub-clause (ii).
(ii) Two hundred litres of water shall be stored inside the auditorium in twenty bucket confirming to sub-rule (2) and the balance stored in tanks or cisterns of any capacity so arranged as to be easily accessible to the satisfaction of the Chief Electrical Inspector to Government.]
(2) These appliances shall be so disposed as to be readily available for use. The buckets shall have round bottoms and handles and shall be 12.5 litres capacity each to hold not less than 12 litres of water. They shall be painted red with the word "FIRE" painted on them in large block letters in English and Tamil.
(3) The fife extinguishers shall conform to the relevant Indian Standards mentioned against each below and shall be of the following sizes namely:-
(a) Soda acid type shall be of [9 litres] size I.S.934.
[(b) Dry chemical powder shall be of 5 Kilogram size or above, I.S. 2171-1985:]
Provided that if the capacities of the existing portable fire extinguishers are of capacities other than those given above, they shall be continued till their life time or condemnation.
(c) Carbon-di-oxide type shall be of 2 kilograms-I.S. 2878.
The maintenance, inspection and testing of the portable fire extinguishers shall be done in accordance with the provisions of I.S. 2190-1979. Record of maintenance, inspection and testing of fire extinguishers shall be maintained in a register in the form provided in Appendix-B to the said Indian Standards issued by the Bureau of Indian Standards.
(4) The pressure or leakage tests of all types of fire extinguishers shall be carried out at intervals maintained against each fire extinguisher at a pressure and for a period mentioned against them in Table below, as per clauses 10.4.2 of I.S. 2190-1979.
| Type of Fire Extinguisher | Test Interval | Test Pressure | Period for which pressure maintained |
| (1) | (2) | (3) | (4) |
| 1. Soda Acid | 3 years | 1.75 MN/M21.75 Pa. (17. 5 kg Cm2) | 2.5 minutes |
| 2. Dry Chemical Powder (Gas cartridge) | 3 years | 1.75MN/M21.75 Pa. (17.5 kg cm') | 2.5 minutes |
The periodical pressure or leakage tests shall be carried out by Electrical Inspectorates or by the manufacturing companies of fire extinguishers or by private engineering test houses authorised by the Chief Electrical Inspector to Government. Certificate showing the results of the tests should be submitted to Electrical Inspector.
(5) Not less than four stirrup pumps and 3 buckets filled with water shall be provided if there is no gallery, or first floor, or balcony in the premises and not less than 6 stirrup pumps and 12 buckets filled with water shall be provided if there is a gallery or first floor or balcony in the premises in which case, at least two stirrup pumps and 4 buckets filled with water shall be kept in the gallery or fist floor or balcony.
(6) The licensee shall stock not less than 1 spare refill together with requirement amount of chemicals for each of the soda acid and dry chemical powder fire extinguisher. The refill shall conform to the Indian Standard I.S. 5490.
(7) The fire extinguishers and stirrup pumps shall be mounted on walls in such way that the handle is at a height of not more than 1.5 metres above the floor level. The fire extinguisher and stirrup pump shall be easily accessible and the passage leading to the fire extinguisher shall not be obstructed in any way. The fire fighting appliances in the auditorium shall be located in the manner as not to obstruct the passage aisles or reduce their width in any way.
(8) Attendants and staffs shall be trained in the use of all fire fighting equipment maintained in the premises.
[91A. In all permanent cinema buildings, fire detectors shall be provided in the auditorium to flash a visual signal and sound and audible warning immediately on the rise in the inside temperature being caused by a fire. Water sprinklers shall also be installed in the auditorium. The water sprinklers shall be linked with the said fire detectors as to spray water automatically, whenever the fire detectors give an alarm.]
[91B. The licensee of a cinema theatre may collect a fee for parking vehicles in the premises of the cinema theatre specified in the Table below:
| Area | Fee to be collected | |||
| (1) | (2) | |||
| Car/ Three Wheeler Vehicles (Motor) | Two Wheeler (Motor) | Cycles | ||
| (a) | (b) | (c) | ||
| Rs. P. | Rs. P. | Rs. P. | ||
| 1. | Corporation/ District Head Quarters, Grade I Municipalities | 3.00 | 2.00 | 1.00 |
| 2. | Municipalities other than Grade-I Municipalities | 2.50 | 2.00 | 1.00 |
| 3. | Town Panchayats/ Village Panchayats. | 2.00 | 1.00 | 0.50] |
Part-VI
Renewals
[92. (1) Every application for the renewal of the licence shall be made one month before the expiry of the existing licence. Such application shall be accompanied by-
(i) a declaration referred to in item (2) in rule 41 in Part II.
(ii) a treasury receipt for payment of fees at the prescribed rates.
(iii) evidence of having insured the cinema building machinery, etc. against fire hazards [and an evidence of having insured the audience with an insurance company against the insurer's liability for payment of compensation to the victims of fire or other accidents inside the auditorium.]
(iv) evidence from commercial tax authorities that there is no tax due under the Tamil Nadu Entertainment Tax Act, 1939 (Tamil Nadu Act X of 1939) and the Tamil Nadu Local Authority Finance Act, 1961 (Tamil Nadu Act 52 of 1951).
(v) Evidence from the local Authority that there is no property tax due in respect of the site and building of the cinema theatre under the madras city Municipal Corporation Act 1920 (Tamil Nadu Act of 1920) or the Tamil Nadu Panchayath Act, 1994 (Tamil Nadu Act 21 of 1994) or the Madurai City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) or the Tiruchirapalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994) or the Tirunelvali City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994) or the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994) as the case may be.
(vi) A certified copy of the referred to in item (5) in rule 41, in the Part II and a sworn affidavit by the applicant to the effect that the said deed is valid till date; and
(vii) Permission from the Commissioner, Hindu religious and charitable Endowments, [Chennai] for the leasing out of the land to the applicant, if such land is within the jurisdiction of the Hindu Religious and Charitable Endowments Department.
[Provided that an application for renewal of licensee may be entertained by the licensing authority on or before the date of Existing license on payment of late fee of [Rs. 2,000 (Rs. two thousand only) for the permanent cinemas and Rs. 1,500 (Rupees one thousand five hundred only)] for travelling cinemas.]
(2) A copy of every such application shall be sent simultaneously to the Chief Electrical Inspector and the [Public Works Department Authority concerned;]
[* * *]
- For every licence when renewed a fee shall be charged according to the scale laid down in rule 43 in Part II. In the case of refusal of the renewal of a licence, the provisions regarding refund in sub-rule (iv) of that rule shall apply.
[93A. An application for renewal of licence may be entertained by the licensing authority within a period of one month after the expiry of the existing licence period. On payment of a penalty of Rs. 1,500 (Rupees one thousand and five hundred only) for permanent and semi permanent cinemas and Rs. 1,000 (Rupees one thousand only) for the travelling cinemas in addition to the licence fee prescribed in rule 43 and the late fee prescribed in rule 92.]
[94. At every renewal of the Chief Electrical Inspector's certificate the enclosure, cinema apparatus and plant, electrical installation and fire pre-cautionary measures, shall be inspected by the Chief Electrical Inspector or an officer deputed by him who will certify that the installations continue to be maintained in proper working order according to the rules.]
- [(1) For the inspection under rule 94 before renewal of certificate,][a fee of rupees Rs. 400 (four hundred per year only)] [* * *] shall be paid into a Government Treasury under the head of account specified in rule 44 under Part II and the treasury receipt furnished direct to the Chief Electrical Inspector. The treasury receipt shall reach the office of the Chief Electrical Inspector three months before the expiry of the period of date of validity of the certificate.
(2) If the treasury receipt is not furnished within the period referred to in sub-rule (1), a penalty of[Rs. 150 (Rupees One hundred and fifty)] for a delay of each month or fraction thereof shall also be paid into a Government treasury to the credit of the Government and treasury receipt relating to the payment of the penalty shall be furnished to the Chief Electrical Inspector along with the treasury receipt relating to the payment of the fee for the inspection.
- On receipt of the Chief Electrical Inspector's certificate duly renewed, the licensing authority or an officer not below the rank of Deputy Tahsildar or an Inspector of Police in the City of Chennai) deputed by him shall inspect and satisfy that all the rules including rule 55 in Part IV and rules 80 and 81 in Part V for sanitation are observed before the licence is renewed:
Provided that where the Chief Electrical Inspector's certificate is renewed for a period less than three years at a time, no such inspection shall be necessary if one has taken place within a period of three years preceding the date of the certificate.
96A. [(1) For renewal of certificate of structural soundness of the building, the licensee shall at least one month prior to the date of expiry of the period specified in the said certificate, make an application to the Executive Engineer, if the age of the building is less than fifty years and to the Superintending Engineer, Planning and Designs Circle, if the age of the building is fifty years and above together with the treasury receipt for the payment of fees prescribed:]
Provided that in the case of a building which is fifty years and above, for subsequent renewals, the application shall be made to any other Superintending Engineer or Executive Engineer of the concerned territorial circle as may be authorised by the Superintending Engineer, Planning and Designs Circle in this behalf.
(2) On receipt of the application referred to in sub-rule (1), the Executive Engineer or the Superintending Engineer, Planning and Designs Circle or any other officer authorised by the latter, as the case may be, shall, after an inspection of the building, renew or refuse to renew the said certificate within a period of one month from the date of receipt of the application, and
(3) The provisions of rule 40 relating to the issue of certificate of structural soundness shall apply mutatis mutandis to the renewal of such certificate.
[(4) The proceedings of the Executive Engineer or the Superintending Engineer, Planning and Designs Circle or any other officer authorised by the latter as the case may be, renewing or refusing to renew the said certificate shall be sent to the licensing authority with a copy to the applicant.]
- [(1) If, on an application for the renewal of a licence made under rule 92, the licensing authority does not for any reason before the date of expiry of the licence, either renew and return the licence or refuse to renew the same, he shall grant a temporary permit in Form "E" provided that the Chief Electrical Inspector's certificate and the structural soundness certificate continues to remain valid.][The issue of such temporary permit shall be considered by the licensing authority on production of a certificate by the applicant from the Commercial Tax Authorities that there is no tax due from the applicant under the Tamil Nadu Entertainment Tax Act, 1939 (Tamil Nadu Act X of 1939) and the Tamil Nadu Local Authorities Finance Act, 1961 (Tamil Nadu Act 52 of 1961):]
[Provided that it shall be sufficient if a certificate from the Commercial Tax Authority referred to in sub rule (1) is produced once in three month.]
(2) Such temporary permit shall be subject to the conditions of the licence sought to be renewed, and shall be valid for a period of one month from the date of the grant thereof and may be renewed by the licensing authority for further period of one month at a time:
Provided that the temporary permit shall cease to be valid and shall be surrendered to the licensing authority on the applicant receiving the licence duly renewed or on his receiving an order refusing to renew the licence:
Provided further that the temporary permit shall be surrendered to the licensing authority on demand made at any time in that behalf.
[(3) A fee of Rs. 200 (Rupees two hundred only) shall be collected for grant of such temporary permit for permanent and semi-permanent cinemas and Rs. 100 (Rupees one hundred only) for travelling cinemas.]
(4) The temporary permit shall during the period of its validity, be deemed to be a licence for the purpose of these rules.
Part-VII
[Travelling Cinemas]
- The rules in this Part and the following rules shall apply to travelling cinemas:-
[(i) Parts I-A, III and IIIA - All rules.]
(ii) Part IV-Rules [50], 63, 65, 66, 67, 68, 70, 71, 72, 73, 74, 76 and 77.
(iii) Part V-Rules 80(1), (2) and (4), 81, 83(1)(a), (3), (4) and (5), 84(2), 86, 87,88 and 89.
(iv) Part IV-Rules 92 and 97.
[99. In this Part-
(a) "building" shall mean and include any booth, or building with roofing of bituminous, asphalt, asbestos or zinc sheets with iron poles or with wooden poles and rafters duly coated with fire-resistant paint and fixed-, with nails or screws or bolts and should be leak-proof; and
(b) [travelling cinema] shall mean-
(i) an outfit comprising the cinema apparatus and plant and enclosure taken from place to place in the State of Tamil Nadu for giving cinema exhibitions, or
(ii) an outfit comprising cinema apparatus and plant taken from place to place in the State of Tamil Nadu for conducting shows in the local theatres or halls.]
- A person who intends to build a [travelling cinema]building shall follow the procedure in rule 35 in Part 11(a). A treasury receipt for payment of fee of [Rs. 500 (Rupees Five hundred only)] for construction of building and installation of machinery at the rates prescribed by the local authority shall also be sent with the application.
[100A. On receipt of the application, the licensing authority shall follow the procedure prescribed in rule 35-A in Part 11(a).]
- (1) The building shall be provided on all its sides with an open space which in no part thereof shall be less than [18 metres]in width.
[(2) The building shall have a road frontage on the public thoroughfare upon which the site of such building abuts;]
(3) There shall be suitable means of entrance and exit for the public in such frontage.
(4) The eaves of the building shall have a height of not less than 2.50 metres.
[102. The licensee shall provide such sanitary convenience as may be prescribed by the licensing authority for the exclusive use of each sex according to the scale laid down in rule 55 of Part IV and shall cause the same to be maintained in good order and sanitary condition.
102A. (1) The licensee shall provide such number of approved artificial ventilation equipments as required by the licensing authority. The standard for ventilation shall be 28 cubic meters of fresh air per seat per hour.
(2) Protection guards shall be provided for ceiling fans with less than 2.25 meters clearance; the height between the guard and the floor shall not be less than 2.20 meters.]
[102B. The licensee shall provide a suitable cycle stand constructed with a nonflammable roofing and make arrangements for the safety of the cycles.]
- [(1) A licence shall not be granted if the building is constructed in whole or part, of material which is inflammable.]
(2) The building in which the [travelling cinema] is located shall be at a minimum distance of-
(i) 36.5 metres from the nearest house or other buildings;
(ii) 1.2 metres from the nearest conductor of power lines upto and inclusive of 11K.V and 2 metres from the nearest conductor of power lines above 11 K.V and inclusive of 33 K.V (2 meters plus 0.3. meter for every additional 33 K.V and part thereof above 33 K.V from the fencing of the theatre.)
(iii) 0.201 Kilometre from a temple or maidan where fireworks are displayed on festivals and special occasions or factories, workshops, etc., and where fire is used for ignition, processing, etc. and sparks escape through chimney or any other outlet.
(iv) [100 metres away] from any building or other structures where fireworks or gun powder is stored or manufactured.
(3) There shall be a minimum distance of 0.201 Kilometre (one furlong) between the Community Radio Centre and the [travelling cinema] in places where Community Radio Set operates:
Provided that the licensing authority may relax the requirements in this sub-rule in very exceptional cases:
Provided further that no power line shall pass over any part of the fenced area.
[104. In every building there shall be on each side an aperture at least 2.25 metres high and 5.5 metres wide. This aperture may be closed by tatties fixed on split bamboo frame and fastened by twine inside.]
- Doors and apertures not ordinarily in use may be made of or covered or closed by mat, screen or similar material which can be removed by a light pressure from inside the building.
[106. (1) After consideration of the application made under rule 100, with reference to the matters specified in section 5(1) of the Act, and the objections of the local authority or the police, the licensing authority shall grant a no objection certificate in Form "B" or may refuse to grant it within one month after the receipt of the remarks of the local authority and the police or within fifteen days of the receipt of a further report where such a report has to be obtained. A copy of the order shall be communicated to the applicant and of the persons, if any, who have filed objections before the licensing authority.
(1-A) The grant of no objection certificate is necessary for the construction of a new [travelling cinema] building.
(2) The no objection certificate issued by the licensing authority shall be valid for a period of six months. If within this period, the proposed cinema is not put up, a fresh no objection certificate should be applied for:
[Provided that the licensing authority in genuine cases and for reasons to be recorded in writing, may extent the period of validity of no objection certificate or relax the conditions already imposed in the said certificate up to a maximum period of 3 months beyond the date of expiry of the original validity, on receipt of an application for the same from the applicant. A fee of [Rs. 250 (Rupees two hundred and fifty only)] shall be paid in respect of each application and a treasury receipt for the amount of the fee shall be submitted along with the application.]
[The Licensing authority shall send the report in Form "L" for extension of validity no objection certificate or for relaxation of the condition already imposed in the no objection certificate and in Form "M" for exemption from the Tamil Nadu Cinemas (Regulation) Rules, 1957.]
Explanation. - For the purpose of this sub-rule, durations covered by stay order of the Commissioner of Land Administration or of [the Government] or of the High Court reckoned from the date of passing the order of stay to the date of pronouncement of the final orders vacating the stay should be excluded in calculating the period of validity of the no objection certificate.
[(3) On receipt of the no objection certificate referred to in sub-rule (1) above applicant shall submit an application for approval of the plan of the building to be constructed in the approved site along with complete plans, elevations, sections (in duplicate) of the premises and of all erections or buildings thereon drawn, correctly to a scale of one centimetre to a metre. The licensing authority shall issue an order approving the plans with such modifications as may considered necessary by him.]
(4) Any person aggrieved by the order of the licensing authority granting or refusing to grant a no objection certificate or refusing to extend the validity of the no objection certificate may appeal to the Commissioner of Land Administration. The rules in Part III shall apply to such appeals.]
106A. [* * *]
- On completion of building according to the approved plan, the applicant shall submit his application for licence to the licensing authority. The application shall be accompanied by-
(i) a certificate from the Chief Electrical Inspector and a declaration prescribed in rules 40(2) (i) and 41(2), respectively, in Part II;
(ii) a treasury receipt for the payment of fees for licence at the rate prescribed in rule 110; and
[(iii) a evidence of having insured the cinema building, etc., against fire hazards, and an evidence of having insured the audience with an insured company against the insurers liability for payment of compensation to the victims of fire or other accidents inside the auditorium.]
- On receipt of the application for licence together with the Electrical Certificate and declaration referred to in rule 107, the licensing authority shall issue to the applicant a licence in Form "C" for the period covered by the Chief Electrical Inspector's certificate or refuse to issue such licence within a period not exceeding one month from the date of its receipt. A copy of the order shall be communicated to the applicant and to the persons, if any, who have filed objections before the licensing authority.
- (1) No [travelling cinema]shall be licensed to exhibit shows in any place for a period longer than five years, subject to the condition that the certificates regarding structural soundness, electrical installation and use of non-inflammable materials are produced every year.
(1-A) The licence shall be granted initially for one year and it may be renewed for further periods not exceeding one year each, subject, however, to the total period of [five years] prescribed in sub-rule (1) if after inspection as contemplated in rule 113, the licensing authority is satisfied that the site and the building continue to confirm to the relevant rules and the building is structurally sound:
Provided that if the licence is granted or renewed for a period of less than one year or if renewal is refused, it shall be for reasons to be recorded in writing and communicated to the applicant.
(2) After the period of [five years] exhibition as contemplated in sub-rule (1) there shall be a minimum interval of three months before the same site is again licensed:
[Provided that the same applicant who proposes to run a [travelling cinema] again for the subsequent term in the same site, shall produce the necessary certificates required under rule 107, along with the application for the licence.]
(3) Where the licensing authority is satisfied that any break/breaks in the period for which the licence was granted is/are not due to the fault of the licensee, such break/breaks may be excluded for the purpose of computing the said period of [five years].
- [(1) (a) For every licence when granted or renewed, a fee shall be charged according to the scale laid down below:-
For a temporary licence for a period not exceeding one year for a building. Rupees Three hundred for a period of one year for an area of 100 square metres or less with an additional fee of Rs. 150 for every 50 square metres or fraction thereof, in excess of 100 square metres subject to a minimum of [Rs. 1,500 (Rupees one thousand five hundred only)].
The licensing authority shall collect the licence fee in proportion to the period for which the licence is granted or renewed. For a temporary licence for a period not exceeding three months for a building not thatched nor constructed of inflammable materials falling under item (ii) of clause (B) of rule 99. Rupees fifty for a month or for a portion thereof for an area of 100 squares metres or less with an additional fee of Rs. 25 for a month or for a portion thereof for every 50 square metres or fraction thereof in excess of 100 square metres.]
(b) Duplicate of a licence may be granted on payment of a fee of [Rs. 500 (Rupees five hundred only)].
(2) One half of the fee shall be credited to the local authority concerned excluding panchayats.
[(3) Every application for the grant of renewal of licence shall be accompanied by-
(i) a treasury receipt for payment of fees at prescribed rates; and
(ii) an evidence of having insured the cinema building, machinery, etc., against Ere hazards and evidence of having insured the audience with an insurance company against the insurance liability for payment of compensation to the victims oi tire or other accident inside the auditorium.]
(4) In case of refusal of the grant or renewal of a licence, a refund at the rate of one-half of the total amount of the fee collected, may be made to the applicant. The application for such refund shall, however, be made by the applicant within one month from the date of receipt of the orders of rejection of his application for grant or renewal of licence. The refund shall be made after the expiry of the period of appeal or after the disposal of the appeal if one has been presented.
- For the inspection of the enclosure, cinema apparatus and plant, electric installation, fire-fighting and precautionary measures when first erected [a fee of Rs. 450 (Rupees four hundred and fifty)], shall be paid in advance by the applicant for the licence into a Government treasury under the head of account referred to in rule 44(1) of Part II of these rules.
- (1) For the renewal of the electrical certificate a fee of [Rs. 200 (Rupee two hundred only)]shall be paid in advance into the Government treasury and the treasury receipt together with an application for renewal be furnished to the Chief Electrical Inspector, three months before the date of expiry of the period of validity of that certificate.
(2) If the treasury receipt is not furnished within the period aforesaid, a penalty of one-third of the fee specified above for a delay of each month or fraction thereof shall also be paid into a Government treasury to the credit of the Government and the treasury receipt relating to the payment of the penalty shall be furnished to the Chief Electrical Inspector along with the treasury receipt relating to the payment of the fee for the inspection.
(3) The electrical certificate shall cease to be valid when the. cinema apparatus and the plant of the [travelling cinema] are shifted to a different theatre or hall.
[(4) (i) The Chief Electrical Inspector or any officer deputed by him inspecting an installation, before the issue of a certificate in Form "D" or before the renewal thereof shall, if he discovers any defects therein, issue written orders to the owner or person in charge for its rectification and prescribe a reasonable time within which such orders shall be carried out.]
(ii) If any further insertion shall, in the opinion of the Chief Electrical Inspector or the Officer deputed by him or the licensing authority have become necessary-
(a) owing to the neglect or failure of the owner or person in charge to carry out any written orders issued under clause (i) within the time prescribed by the Chief Electrical Inspector or the Officer deputed by him; or
(b) owing to other reasons to be recorded in writing- a fee of [rupees two hundred]shall be charged for such further inspection and such fee shall be paid by the licensee into Government treasury under the head of account referred to in rule 44(i) of Part II of these rules, within fifteen days form the date of the receipt of a demand from the Chief Electrical Inspector.
(5) The Chief Electrical Inspector's certificate in Form "D" shall be valid for a period of one year in the first instance and may be renewed for further periods not exceeding one year each:
Provided that where the grant or the renewal of the certificate is for a period of less than one year or renewal is refused it shall be for reasons to be recorded in writing and communicated to the applicant.
[113. On receipt of the Chief Electrical Inspector's Certificate duly renewed, the licensing authority, or an officer not below the rank of Deputy Tahsildar or an Inspector of Police in the City of [Chennai] deputed by him shall inspect at the beginning of every year and satisfy that all the rules are observed before the licence is renewed:
Provided that where the Chief Electrical Inspector's Certificate is renewed for a period less than one year at a time, or when the Film Division Certificate is not valid for the entire remaining period, or when the documentary evidence to prove the legal possession is not valid for the entire remaining period, or when the licence fee is remitted for a shorter period, no such inspection shall be necessary, if the inspection has already taken place within a period of one year preceding the date of Film Division Certificate, or the Chief Electrical Inspector's Certificate, or the date becomes invalid on which the documentary evidence to prove the legal possession or the date of remittance of licence fee, as the case maybe.]
- The number prescribed under rule 83(l)(a) in part V in respect of the auditorium shall not exceed the following limit:-
The number arrived at by calculating at the rate of 25 persons per 10 square metre of floor area, after making the exclusions referred to in that rule.
[114A. (1) Benches or chairs shall be provided for the lowest class in all [travelling cinemas.]
(2) Chairs shall be attended together in complete lengths and also attached to the grounds.
(3) The gangways shall be not less than 1.25 meters in width and shall be so arranged that no seat shall be at a distance of more than ten seats from a gangway.
(4) There shall be a passage for every ten rows of seating accommodation and it shall be not less than 1 metre in width.]
[115. 3(1) The following fire-extinguishing appliances shall be provided:-
(a) In the enclosure-
One soda acid fire extinguisher, one bucket of water, one bucket filled with sand and woollen blanket of adequate size.
(b) In the auditorium-
(i) 4 soda acid type fire extinguishers and supply of not less than 50 litres of water per 10 square metre of floor-area shall be stored in two permanent masonry or RCC tanks, one on either side of the auditorium.
(ii) 20 number of 12 = litres capacity buckets which shall be of round-bottom each to contain not less than 10 litres of water;
(iii) at least 4 stirrup pumps and 8 buckets filled with water. (2) All the extinguishers and fire buckets in the auditorium shall be located in a manner so as not to obstruct the passage or reduce their width in any way.]
115A. (1) If a [travelling cinema] building is damaged or destroyed by lire after the grant of a no objection certificate in Form "B" but before the issue of a licence in Form "C", the licensing authority may, after giving the applicant to whom the no objection certificate has been granted, an opportunity to show cause against revocation of no objection certificate, revoke the no objection certificate.
(2) If a [travelling cinema] building is damaged or destroyed by fire after the grant of the licence in Form "C", the licensing authority may, after giving the licensee an opportunity to show cause against the revocation of the licence, revoke the licence.
(3) Where the licensing authority revokes the licence under sub-rule (2) he may, at his discretion, order refund of the proportionate licence fee for the unexpired period of the licence.
(4) Where the no objection certificate in Form "B" or the licence in Form "C" has been revoked by a licensing authority under sub-rule (1) or sub-rule (2), the applicant whose no objection certificate has been revoked or the licensee whose licence has been revoked, as the case may be, may apply for the grant of a fresh no objection certificate for the same site, following the procedure in rule 35 in Part 11(a).
(5) In regard to an application preferred under sub-rule (4), the licensing authority shall take de nova proceedings for the grant of a fresh no objection certificate.
(6) The licensing authority shall, in deciding whether to grant or refuse a fresh no objection certificate, have regard to the following matters, in addition to those specified in section 5(1) of the Act:-
(i) Whether the site is vulnerable to fire accident or not; and
(ii) Whether it would be in the public interest to allow a cinema to run on the same site by the same applicant.
(7) After consideration of the application made under sub-rule (4), the licensing authority may grant a fresh no objection certificate in From "B" or may refuse to grant the same. He shall also issue an order approving or not approving the plan of the building to be constructed in the approved site without unreasonable delay. A copy of the order shall be communicated to the applicant and to the persons, if any, who have filed objections before the licensing authority.
(8) If a [travelling cinema] building is completely damaged and the shed falls down on account of heavy rain or wind after the grant of a licence in Form "C" the licensing authority may, after giving the licensee an opportunity to show cause against the revocation of the licence, revoke the licence. The licensing authority may grant a fresh licence in Form "C" on an application made with an electrical certificate after satisfying himself that the rules relating to the grant of licence in Form "C" are satisfied.
(9) Any person aggrieved by the decision of the licensing authority revoking the no objection certificate or the licence or granting or refusing to grant a fresh no objection certificate may appea 1 to the [Joint Commissioner of Land Administration.] The rules in Part III shall apply to such appeals.
[(10) An application for revision shall lie to the Government against the orders of the [Joint Commissioner of Land Administration] in such cases. The rules in Part III-A shall apply to such application for revision.]
Part-VIII
Cinema Exhibitions in Educational or Industrial Establishments and in the Open Air
- The rules in this Part and rule 8 in Part I will apply to the cinematograph exhibitions in-
(a) educational institutions;
(b) industrial and business establishments;
(c) open air cinemas.
- The electrical equipment shall be initially inspected by the Chief Electrical Inspector or an officer deputed by him who shall send a report to the licensing authority within a period not exceeding one month from the date of receipt of application. A fee of rupees twenty-five shall be paid into a Government treasury to the credit of the Government and the treasury receipt furnished to the Chief Electrical Inspector. But, 35 mm projector installations, which show feature films and admit the general public, shall be inspected once in every year and their electrical certificates renewed.
- The licensing authority may grant a free licence in Form "F" within two weeks from the date of receipt of the report referred to in rule 117.
- While granting licences for open air cinemas, the licensing authority shall take into consideration the interest of permanent and [travelling cinemas]in the neighbour hood. [The licensing authority shall not permit exhibition of feature film in streets and public places. The licensing authority may, however, permit the exhibition of Government documentary films, advertisement films and news reels in public places.]
Part-IX
Transfer or Assignment of Licence in Form "C" and [No Objection Certificate]
- When the holder of a licence in Form "C" desires to transfer or assign his licence to some other person, he shall, together with the person to whom he desires to make the transfer or assignment, make a joint application in writing to the licensing authority, which granted the licence, setting forth the reasons for the proposed transfer or assignment, and giving the particulars required in Form "I" (Section I).
[121. Where the holder of a licence is dead, any one of the legal heirs to the licence may, within a period of six months from the date of the death of the holder of the licence, make an application to the licensing authority for the transfer of the licence in his/her name, giving the particulars required in Form "I" (Section II).]
[Provided that the licensing authority may admit an application for transfer of the licence preferred within a period of two months after the expiry of the prescribed period of six months aforesaid, if sufficient cause is shown for not preferring the application for transfer of the licence within the prescribed period:]
Provided further that the licensing authority may also admit an application for transfer of licence preferred after a period of Eight months aforesaid, if the theatre is running without any break and is sufficient cause to shown for not preferring an application for transfer of licence within the said period, on payment of an additional fee of [Rs. 1,500 (Rupees one thousand and five hundred only)].
- (1) For the transfer of assignment of a licence, a fee shall be charged as follows:-
(a) Where an application made under rule 120 relates to a permanent cinema building- Rupees ten for an area of 92.90 square metres or less with an additional fee of Rs.5 for every 46.45 square metres or fraction thereof in excess of 92.90 square metres, subject to a minimum of [Rs. 1,500 (Rupees one thousand and five hundred only)].
(b) Where an application made under rule 120 relates to a [travelling cinema] building- Rupees forty tor an area of 92.90 square metres or less with an additional fee of Rs. 20 for every 46.45 square metres or fraction thereof in excess of 92.90 square metres, subject to a minimum of [Rs. 1,000 (Rupees one thousand only)].
(c) Where an application is made under rule 121 [Rs. 500 (Rupees five hundred only)].
(2) In case of refusal to approve the transfer or assignment of a licence, a refund at the rate of one-half of the total amount of the fee collected, shall be made to the applicant. The application for such refund shall, however, be made by the applicant within one month from the date of receipt of the orders of rejection of his application for grant or renewal of licence. The refund shall be made after the expiry of the period of appeal or after the disposal of the appeal if an appeal has been presented.
- Every application for transfer or assignment of a licence shall be accompanied by-
(a) a treasury receipt for the payment of fees at the rates prescribed in rule 122;
(b) the licence in Form 'C'; and
(c) a copy of the instrument, if any, proposed to be executed by the applicants in respect of the transfer or assignment of the licence, as the case may be.
Explanation. - In the case of an application made by any one of the legal heirs of the deceased licensee, the applicant shall send the consent statement obtained from all the other legal heirs for the transfer or assignment of the licence, as the case may be, in his/her favour.
- On receipt of the application, the licensing authority shall cause a notice to be published in the notice board of the licensing authority and the panchayat union concerned of the fact of receipt of the application, with such details as may be considered necessary and call for objections, if any, from the public in regard to the request contained in the application. All objections should be filed in writing before the licensing authority w i thin 15 days from the date of publication in the notice board. Any objection filed after this period shall be summarily rejected.
- After considering the application with particular reference to the status, antecedents and previous experience of the parties to the application concerned and the objections of the public, if any, the licensing authority shall issue an order either approving or refusing to approve the transfer or assignment of the licence, as the case may be. A copy of the order shall be communicated to the applicants and the persons, if any, who have filed objections before the licensing authority. While transferring or assigning the 'C' Form licence to any person, the licensing authority may impose a condition in the transfer order or in the order of transfer or assignment of licence to the effect that the transferee or assignee as the case may be, of the licence shall be liable for the violations committed by the previous licensee, that is, the transferor or assign or of such licence. This procedure is also applicable to transfers made in the event of death of licensee.
- If the licensing authority issues an order approving the transfer or assignment of the licence, he shall make necessary entries in the licence and return it to the person in whose favour the licence has been transferred or assigned.
- If the application raises doubts or suspicion of trafficking in licence or involves transfer or assignment to a person who, in the opinion of the licensing authority, is not in any way qualified and eligible for the grant of a new licence, the application shall be rejected.
- Any person aggrieved by the decision of the licensing authority approving or refusing to approve the transfer or assignment of a licence, may appeal to the [Joint Commissioner of Land Administration.]The rules in Part III shall apply to such appeals.
[128A. An application for revision shall lie to the Government against the order of the Joint Commissioner of Land Administration in such cases. The rules in Part III (A) shall apply to such application for revision.]
[129. (1) Where the holder of a no objection certificate dies, any of his legal heirs may make an application in Form "J" to the licensing authority, before the expiry of the period of validity of no objection certificate, for the transfer of the no objection certificate in his name.
(2) Every application for transfer or assignment of no objection certificate shall be accompanied by:-
(a) the no objection certificate in original; and
(b) in the cases where an application is made by a few of the legal heirs of the deceased holder of no objection certificate, the consent statement obtained from all the other legal heirs for the transfer or assignment of the no objection certificate in his favour.
(3) Where one of tire joint holders of the no objection certificate dies, any of the legal heirs of the deceased holder of the no objection certificate may make an application in Form "J" to include his name as a joint holders of no objection certificate in the place of the deceased. If none of the legal heirs makes such application, the no objection certificate issued in the joint names will be deemed to have lapsed on the date of death of one of the holder of the no objection certificate and the surviving holder of the no objection certificate will have to make an application afresh for grant of no objection certificate independently or jointly. Such application by the surviving holder shall be disposed of according to the provision made in these rules.
(4) The provisions of rules 124, 125, 126, 127 and 128 shall mutatis mutandis apply to the transfer of no objection certificate.]
[130. (1) If the holder of no objection certificate desires to transfer or assign his no objection certificate to some other person or persons, he may, with the person to whom he desires to transfer or assign his no objection certificate, shall jointly make an application in writing in Form ']' to the licensing authority which granted the no objection certificate, setting forth the reasons for the proposed transfer or assignment before the period of expiry of validity of the no objection certificate.
(2) Every application for transfer or assignment of no objection certificate shall be accompanied by -
(a) the no objection certificate in original; and
(b) sworn affidavits by the no objection certificate holder and the transferee or assignee, to the effect that no consideration in financial or any other terms has passed between them for the transfer.
(3) The provisions of rules 124, 125, 126, 127 and 128 shall mutatis mutandis apply to the transfer of the no objection certificate.]
[Part-X]
Exhibition of films in [music], dance or drama performance as stage aid
- The licensing authority may, on the basis of satisfactory reasons being placed before it, issue licence as provided in rule 134 for the exhibition of films not exceeding 3 metre at one stretch and the duration not exceeding 15 minutes over all in a place as a stage aid for dance or drama performance.
- The rules in this Part and rules 7, 8, 10 and 11 in Part I shall mutatis mutandisapply to cinematograph exhibitions in [music] dance or drama performance as a stage aid.
- (1) A person who intends to exhibit portion of any film during a [music], dance or drama performance in a place shall apply to the licensing authority in Form "AA". A copy of the application shall be sent to the Chief Electrical Inspector.
(2) The cinematograph equipment shall be initially inspected by the Chief Electrical Inspector or an officer deputed by him who shall issue a certificate in Form 'D' which shall cease to be valid when the cinema apparatus is shifted to a location or premises different from the one for which the certificate was issued.
(3) For every inspection under the rules of this Part a fee of rupees thirty shall be paid in advance by the applicant into a Government treasury to the credit of the Government and the treasury receipt furnished to the Chief Electrical Inspector.
(4) The certificate referred to in sub-rule (2) shall be sent to the licensing authority within a period of one week from the date of receipt of the application:
Provided that if the certificate referred to above is not furnished in time, it shall be deemed to have been so issued subject, however, to the provisions contained in the proviso to sub-rule (1) of rule 134.
- (1) The licensing authority may grant a licence in Form "K" within a week from the date of receipt of the certificate referred to in sub-rule (2) of rule 133 or within two weeks from the date of receipt of the application:
Provided that if the licensing authority decides to grant a licence deeming that the certificate referred to in sub-rule (2) of rule 131 has been issued as per the proviso to sub-rule (4) of the said rule, he shall do so, subject to the condition that it is liable to be revoked without notice, if the Chief Electrical Inspector or the officer deputed by him sends an unsatisfactory report as to the desirability of granting the certificate.
(2) No fee shall be levied for the grant of licence, where no admission fee is charged for the performance. Otherwise a fee of rupees five shall be levied for grant of the licence.
Form A
(See Rule 35 - Part II)
Application
- Full name of the Applicant
- Address of the applicant
Village Taluk District
- Give details of your status
- (i) Have you been regularly paying taxes and other dues payable by you to the State Government.
(ii) Are you in arrears in respect of any such tax or dues.
(iii) If so, is the matter under appeal or otherwise under consideration of the authorities.
- Have you any previous experience in the cinema line ? If so, give full details.
- Do you possess now or have you ever possessed before any place licensed under the Act ? If so, give full details of the places and the Periods.
- Have you ever been convicted of an offence under clause (a) or clause (c) of section 14 of the Tamil Nadu Entertainment Tax Act, 1939 (Tamil Nadu Act X of 1939). If so, give full details.
- Have you ever been allowed to compound any such offence under the Tamil Nadu Entertainments Tax Act? If so, give full details.
- (i) Is the application for a permanent or semi permanent or [Travelling Cinema].
- Details of the site for which you require the licence, survey number or numbers, village, taluk, district.
- Have you included all the Survey Numbers which are required for a direct access to the public road.
- Do you own the site? If so, attach documents relating to ownership along with true copies.
- (a) Have you take the site on Lease ? If so, attach the lease deed with a true and also copies of the records to prove ownership of lessor.
(b) Is the site taken on lease under the jurisdiction of the Hindu Religious and/ Charitable Endowments Department, if so, attach the letter of permission from the Commissioner, Hindu Religious and Charitable Endowments Department Chennai in original permitting the leasing out the site to the applicant.
- Have you attached a site plan drawn to scale of not less than 1 cm to 15 metres covering an area up to 200 meters from the boundaries of proposed site showing-
(1) the position of the proposed premises in relation to any adjacent premises and to the public thorough fare upon which the site of such premises abuts; and
(2) thatched sheds, if any, in the neighbourhood;
(3) nearby schools, temples etc., cinematograph exhibitions ?
- (1) Is the site suitable for cinematograph exhibitions?
(2) To your knowledge, has it ever been licensed before? If so, give details
- Give the names, places and distance by public road of the proposed site to nearest-Name Place Distance
(1) Permanent Cinema
(2) [Travelling Cinema]
(3) School or College, etc.
(4) Hospital
(5) Temple or other religious institutions
- Is your cinema likely to serve the needs of any particular locality? If so, how ?
- What are the other places licensed for cinematograph exhibition in the locality say for around 8 kilo meters from the site.
- What is the approximate population of the locality-say for around 8 kilometers from the site.
- Considering the number of places already licensed in the locality is there any need for another cinema.
Date:
Signature:
Certified that all the above particulars are true to the best of my knowledge and belief.
Signature.
[Form A-I]
Notice under rule 35-A(3) of the Tamil Nadu Cinemas (Regulation) Rules, 1957
I, ........, son of ............, aged residing at ................ (address) have applied to the licensing authority on for the grant of no objection certificate to locate a permanent/ Semi-permanent/[travelling cinema] at this site measuring about .......... (area) and bearing Survey Number measuring of Village Taluk .......................
District ......... belonging to myself/ and in my possession/ belonging to ........... and .................... taken by me on lease for a period of years from ............
(The inapplicable portions shall be struck out.)
Note: Where more than one person is the applicant, the full details of all the applicants may be given.
[Form A-2]
Notice under rule 35-a(4) of the Tamil Nadu Cinemas (Regulation) Rules, 1957
Whereas Thiru ............ son of ........... aged.............. residing at .............. (address) has applied to me on for the grant of a no objection certificate to locate a permanent/ semipermanent/[Travelling Cinema] at a site measuring about ............. (area) and bearing Survey Number .......... of village ............... taluk ......... district belonging to him and in his possession belonging to and taken by him on lease for a period of years from..........
Notice is hereby given that any person having any objection to the grant of a no objection certificate as aforesaid on the grounds of non-compliance by the applicant with any of the provisions of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955) or with any of the rules made thereunder, should file his objection in writing with the licensing authority within 15 days of the publication of this notice.
Any objection filed after this period shall be liable to be summarily rejected.
Place:
Date:
Signed........
Designation.
Licensing Authority
Note: Where more than one person is the applicant, full det, applicants may be given and the form may be suitably altered.
[Form AA]
(See rule 133 in Part X)
Application
- Full name of the applicant
- Address of the applicant
Village Taluk District
- Give details of your status
- Have you any previous experience in the cinema line ? If so, give full details.
- Do you possess now or have you ever possessed before any place licensed under the Act ? If so, give full details of places and the period.
- Have you ever been convicted of an offence under clause (a) or clause (b) of sub-section 34 of the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939) ? If so, give full details
- Have you ever been allowed to compound any such offence under the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939) ? If so, give full details.
- (i) Is the application for exhibition of a film during the performance of a [Music]dance or drama as a stage aid ?
(ii) Details of every portion of the film and reasons why the exhibition of the film is indispensable for the performance.
(iii) Length of the film to be exhibited.
(iv) Duration of the film to be exhibited.
- (i) Details of the place for which you require the licence, Survey No. or Nos. Village, Taluk and District.
(ii) If the applicant is not be owner of the place or building, the name and address of the owner of such place or building.
(iii) Area of place or building in square meters.
(iv) Materials of which the roof side walks, gallery and staircase are made.
- Whether the place or building is to be used during the day or during the night or both with details of the timings during which the performance is proposed to be conducted.
- Period for which the licence is required.
Date:
Signature :
Certified that all the above particular are true to the best of my knowledge.
Signature :
Form B
No Objection Certificate
[Rule 36 in Part II and rule 106 in Part VII]
In exercise of the [powers conferred by] rule 36 in Part II/rule 106 in Part VII of it Tamil Nadu Cinemas (Regulation) Rules, 1957, the Collector of/the Commissioner of Police, [Chennai]hereby grants this certificate that there is no objection to Thiru son of ................... resident of ................. village Taluk.......................district locating a permanent [travelling cinema] in the land belonging to Thiru........................
The site where the cinema is to be located is specified below:
(Please give here the description of the site as Form A)
[The 'no objection certificate' is valid for a period of there years in the case of permanent cinema, and six months in the case of [Travelling Cinema] from the date hereof and if within this period, the proposed cinema is not put up, a fresh 'no objection certificate' should be applied for]
The no objection certificate is also subject to the following special conditions:-
Dated ............... this day of 20 ...............
Seal of the Collector/Commissioner of Police, [Chennai].
[Note. - The No Objection Certificate shall cover not only the survey number or survey numbers of the plot or plots on which the cinema building is proposed do be located, but also survey number or survey numbers of the plot or plots which is proposed to be used as access.]
Form C
(See rule 42 in Part II and rule 108 in Part VII)
Licence for Exhibition under the Tamil Nadu Cinemas (Regulations) Act, 1955
| Name and address of licensee | |
| If the licensee is not the owner of the place of building, the name and address of the owner thereof : | |
| Situation of the place or building | |
| Area of the place of building in square metres | |
| Whether the place or building is to be used during the day or during the night or both. | |
| Date of last inspection by the Chief Electrical Inspector or officer authorised by him. | |
| Special conditions, if any, on which the licence is granted. | |
| Period for which the licence is to be in force. | |
| Fee paid. | |
| Actual number of persons permitted in each part of the auditorium. |
| In the first class | Persons | |
| In the | Persons | |
| In the | Persons | |
| In the | Persons |
[Details of Punishments]
| No. & Date of Proceedings of the licensing authority | Offence committed | Nature of punishment |
| (1) | (2) | (3) |
| (aa) Capacity of the Air Conditioned Unit installed in the theatre |
Conditions of licence
This licence is granted subject to the provisions of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955), and the rules made thereunder. It is also subject to the following conditions. The terms and conditions of the licence, as inserted, may be modified or added to at time during the currency of the licence-
- This licence does not exempt the licensee or his servants or agent from taking out other licence required by or otherwise complying with any other law or rule or by law made thereunder.
- (a) The licensee shall not exhibit or permit to be exhibited any film other than a film which has been certified as suitable for public exhibition by the authority constituted under section 4 of the Cinematograph Act, 1952 (Central Act XXXVI of 1952) and which when exhibited, displays the prescribed mark of that authority, and has not been altered or tampered within any way since such mark was affixed thereto.
(aa) [* * *]
(b) The licensee shall not exhibit, or permit to be exhibited in the place in respect of which this licence is given, to any person who is not an adult any film which has been certified by an authority constituted under section 4 of the Cinematograph Act, 1952 (Central Act XXXVI of 1952), as suitable for public exhibition restricted to adults.
Explanation. - This condition shall not be construed as prohibiting the exhibition of a film, in respect of which an 'A' certificate has been granted to children in arms below the age of three.
(c) The licensee shall not display or cause to be displayed, any photograph picture or poster which depicts or represents or purports to represent a scene 01 shot which has been excised from any film under the orders of the Central Board of Film Censors of the Central Government.
(d) There shall be prominently exhibited as each public entrance whenever the premises are open to the public, a notice indicating in tabular form and it clear bold letters and figures-
(i) The title of each film to be shown on that day, other than trailers am advertisement films;
[(ii) The approximate times of commencement and closing of each such film as indicated below]:
| Morning Show | Matinee Show | First Show | Second [...] | |
| Show begins at (Duration in minutes) | ||||
| Advertisement Shorts | ||||
| Documentary/ News Reel | ||||
| Main Feature | ||||
| Interval | ||||
| Trailers | ||||
| Total duration | ||||
| Show ends at approximately |
(iii) whether each such film has received an 'A' or 'U' certificate from the Central Board of Film Censors, and
(iv) whether persons below the age of 18 years, other than children below the age of 3 years will be admitted or not.
(e) The nature of any certificate received in respect of a film from the Central Board of Film Censors shall clearly be indicated by the letter 'U' or 'A in any advertisement or the film displays at the premises.
[(f) The licensee shall put up at his cost at prominent places in the premises, advertisement boards indicating the penal provision in the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939) in respect of a person found in the theatre without a ticket or pass.]
[(g) The licensee shall put up at his own cost at prominent places in the premises advertisement boards indicating the details of the scheme of grant of cash rewards to private informants furnishing information which leads to unearthing, suppression or evasion of tax under the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939) announced by the Government of Tamil Nadu, from time to time.]
2-A. (i) External loud speakers in any cinema as a source of attraction shall be prohibited.
[(ii) The sound inside the theatre shall be kept at the optimum level that is really necessary for comfortable hearing and shall not be too loud or noisy.]
- The licensee shall not exhibit advertisement slides relating to sexual diseases and medicines to correct sexual disorders or purporting to assist the childless in begetting children.
[3-A. The licensee shall exhibit slides informing the audience about the installation of the electronic temperature indicator in the theatre, and that if any person in the audience has any complaint to make about the functioning of the air-conditioning arrangement in the theatre, he may record the complaint in the complaint book available in the office of the theatre.]
- The licensee shall not permit obscene or objectionable posters or pictorial publicity material to be displayed in the licensed premises.
- The grant of this licence is subject to any order that may be passed by the State Government under section 5(4) of the Act.
[6. The actual rates of payment for admission to the different classes in the licensed premises shall be as indicated below and these rates shall not be altered during currency of this licence without an order in writing by the licensing authority permitting such[alteration]
| Actual rate of admission | Class of accommodation |
| I. Class, | |
| ............................, | |
| ............................, | |
| ............................, |
6-A. (1) The licensee of an air-conditional theatre should charge only ordinary rates of admission (namely, rates as for ordinary cinemas) for any show if he is, for any reason, not able to provide air-conditioning facility for the full duration of the show even if such inability is due to circumstances beyond his control like the failure of power supply, failure of the plant, etc.
[(2) The licensees of air-conditioned theatres should refund the different between the rates for the air-condition facility and ordinary rates on tickets booked in advance, if they fail to provide air-condition facilities. To facilitate the public to claim the refund of said difference, the air-conditioned theatre should put up in the theatre board in the prominent-place or places exhibiting therein the rates for air-condition facility and the ordinary rates for different classes with a note that on days, when air-condition facility could not be provided for the full duration of the show or shows, the different between the said for rates each class will be refunded. A cinema slide as above should also be exhibited at the beginning of each show for information of the public.]
- The licensing authority and any subordinate duly authorised by him in that behalf and any police officer deputed to keep order during any entertainment in the licensed premises shall, at all times, have free access to the said premises in order to see whether the conditions of the licence are fulfilled.
[7-A. The license shall exhibit Tamil films for a period of not less than 12 weeks in a year.]
- The licensee shall comply with such directions as the State Government may, by general or special order, given as to the manner in which approved films shall be exhibited in the course of any performance.
- The licensee shall also comply with such directions as the licensing may give in regard to the exhibition of slides in each performance.
- No fire work shall be used as an adjunct to a cinema exhibition.
- No person shall be admitted within a line meters in front of, and parallel to, the screen. A strong barrier or other efficient partition shall be provided for enforcing this condition.
- The licensee shall not, without the permission of the licensing authority assign, sub-let or otherwise transfer the licensed premises; nor shall the licensee without permission as aforesaid allow any other person during the period of currency of the licence, to exhibit films in the licensed premises.
- In the case of [travelling cinema]shows, the address on the first day of each month and of every subsequent change of camp shall be notified to the Electrical Inspector.
[14. The licensed premises shall not be kept open before or after ..........on any day without obtaining special permission in writing from the licensing authority in respect of such day.
The hour fixed by the licensing authority with due regard to local conditions (but not earlier than 12 midnight and not later than 1.30) a.m. should be entered.]
[14-A. The licence of a permanent cinema or a semi-permanent cinema shall conduct not more than four shows, within the maximum permitted exhibition time in a day.]
[Provided that on local festival days or public holiday one special show per day over and above the four shows may be permitted by the licensing authority subject to the following conditions:]
(i) For conducting a special show on public holidays, Saturdays and Sundays, the licensee shall intimate the licensing authority and also the Entertainments Tax Officer having jurisdiction over the place of exhibition in advance and in respect of conducting a special show on local festival days, the licensee shall obtain prior permission of the licensing authority.
(ii) Sufficient time of not less than half an hour shall be allowed in between two shows for the purpose of sweeping the auditorium and of cleaning the urinals and latrines. Adequate number of sweeper and scavengers shall be appointed for this purpose.
(iii) For conducting five shows, as per rule 11, three licensed operators shall be appointed.
(iv) The working hours as well as the number of persons to be employed shall be in accordance with the provisions in the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947). The Commissioner of Labour or Officers nominated by him in this behalf enter and inspect the theatre at any time.
- The licensee shall ensure that no dispute arising out of ownership or possession of the site, building or equipment is likely to cause any breach of the peace at any time.
[16. The licensee shall provide a suitable cycle stand for the cycles that may reasonably be expected to be brought and arrange for taking care of them. He shall also make necessary arrangements to look after the cars, scooters and motor cycles which are bought to the licensed premises.]
[17. The Licensee shall not use the licensed premises for any purpose other than that for which it has been licensed under the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955), and the rules made thereunder except with the prior written permission of the licensing authority concerned, which may, on merits accord such permission for individual performances and the proceeds thereof, are to be devoted solely to philanthropic, religious, charitable, social political or literary purposes.]
- This license shall be subject to cancellation or suspension for breach of any of these conditions or of the special conditions specified on the reverse.
Dated the day of .......................
| Seal of the | Commissioner
Collector |
[Form D]
(See rule 40 in Part II)
Government of Tamil Nadu Electricity Department
Electrical Inspectorate
Office of the Chief Electrical Inspector, Madras
Certificate No. ..................
Dated ........................
Certificate of the cinema apparatus and plant, electric installation, fire fighting appliances and the fire precautionary measures
Under rule 40 in Part II and rule 94 in Part VI of the Tamil Nadu Cinemas (Regulation) Rules, 1957, I certify that the enclosure, the cinema apparatus and plant and the electrical installation of the cinema known as............ Village/town .............taluk.............district and more particularly described overleaf of which Sri..........is the managing proprietor and Sri .............is the manager for silent (i.e.) non-talkie films only/both silent and talkie films or person in charge at..............on are in Order.
- I also certify that the rules regarding the fire-fighting appliances and fire precautionary measures in the licensed premises and rule 11 in Part IA and 91 in Part V have been complied with.
This certificate is valid for a period of...............from......to......but is liable to revocation within that period.
Signature of Officer.
(Reverse)
Details of Equipment
| Equipment | Maker's Name | Number | Capacity | |
| Engine | ||||
| Motor | ||||
| Generator | ||||
| Rectifier | ||||
| Projector | ||||
| Converter | ||||
| Transformer | ||||
| Amplifier | ||||
| Fire Extinguisher | ||||
| [Name (if operator] | ||||
| Licence Number - | ||||
| Period of validity of licence |
Where, however, the licensee does not employ a licensed operator at the time of issue of certificate under rule 40 by the Electrical Inspector, these details will be entered in at the time of issue of licence.
Note. - For renewals a challan of for Rs.400 per year under Rule 95(1) towards the fee for Inspection and Challan for Rs.200 towards fee for renewal under Rule 112(1) should be sent to reach the electrical inspector on or before (three months before the date of expiry of the licence).
Form E
Temporary Permit for Exhibition under the Tamil Nadu Cinemas (Regulation) Act, 1955
(See rule 97 in Part VI)
Whereas.......................(full name and address) has applied for the renewal of his licence and the said licence has been retained in my office pending disposal of his application, he is hereby permitted temporally to exhibit films in.......(here enter description of premises under the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu IX of 1955), for a period of one month from this date subject to the provisions of rule 97 in Part VI of the Tamil Nadu Cinemas (Regulation) Rules, 1957.
Dated the.........day.......of
.............................
Commissioner of Police/ Collector
Form F
Licence for Exhibition under the Tamil Nadu Cinemas (Regulation) Act, 1955
[See rule 118 in Part VIII]
| Name and address of licensee | |
| If the licensee is not the owner of the place or building, the name and address of the owner thereof. | |
| Situation of the place or building | |
| Area of the place or building in square metres. | |
| Material of which the roof, side walls, gallery and staircase are made. Whether the place or building is to be used during the day or during the night or both. | |
| Date of inspection by the Chief Electrical Inspector or officer authorised by him. | |
| Period for which the licence is to be in force |
Conditions of Licence
This licence is granted subject to the provisions of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955) and the rules made thereunder. It is also subject to the following conditions. The terms and conditions of the licence, as inserted, may be modified or added to at any time during the currency of the licence.
(1) This licence does not exempt the licensee or his servants or agents from taking out any other licence required by or otherwise complying with any other law or rules or by-law made thereunder.
(2) The licensee shall not exhibit advertisement slides relating to sexual diseases and medicines to correct sexual disorders or purporting to assist the childless in begetting children.
(3) The licensee shall not permit obscene or objectionable posters, or pictorial publicity material to be displayed in the licensed premises.
(4) the licensee shall not display or cause to be displayed any photograph, picture or poster which depicts or represents or purports to represent a scene or shot which has been excised from any film under the orders of the Central Board of Film Censors, or the Central Government.
(5) The licensing authority and any subordinate duly authorised by him in that behalf and any police officer, deputed to keep order during any entertainment in the licensed premises shall, at all times, have free access to the said premises in order to see whether the conditions of the licence are fulfilled.
(6) No fire work shall be used as an adjunct to a cinema exhibition.
[(7) No admission fee shall be charged.]
Dated the day of..............
Seal of the Commissioner of Police/Collector.
[Form G]
Cinema Operator's Licence
(See rule 11 of the Tamil Nadu Cinemas (Regulation) Rules, 1957)
First Page Of Booklet
Form G
Cinema Operators Licence
Issued under sub-rule (1) of rule 11 of the Tamil Nadu Cinemas (Regulation) Rules, 1957
Second Page of Booklet
Licence number and date:
Name of the Licensee:
Father's Name:
Address of the Licensee:
Present Address:
Number and date of the certification of competency issued by the Tamil Nadu Board of Examiner for Cinema Operators.
Third Page of Booklet
Valid up to 20................
The holder of this licence is authorised to operate the cinematograph apparatus throughout the State of Tamil Nadu subject to the conditions specified on pages 6-7 infra.
Chief Electrical Inspector to Government
.........District.
Dated 20.
Fourth Page of Booklet
Renewed up to..................20...
The holder of this licence is authorised to operate the cinematograph apparatus throughout the State of Tamil Nadu, subject to the conditions specified on pages 6-7 infra.
Chief Electrical Inspector to Government
......................... District
Dated 20..............
Fifth Page of Booklet
Renewed up to 19................
<
The holder of this licence is authorised to operate the cinematograph apparatus throughout the State of Tamil Nadu subject to the conditions specified on pages 6-7 infra.
Chief Electrical Inspector to Government
.........District.
Dated ................. 20 ..................
Sixth and Seventh Pages of Booklet
Conditions
This licence shall be renewed at intervals of five years and must be carried on the holder's person and produced on demand by inspecting officers.
The operator shall send intimation to the Chief Electrical Inspector to Government whenever the proceeds on leave, resigns or accepts new appointment.
The application for renewal shall be sent to the Chief Electrical Inspector by Registered Post at least three months prior to the date of expiry enclosing-
(1) The licence to be renewed and the competency certificate issued by the Board.
(2) Challan for payment of rupee one only being renewal fee remitted into a Government Treasury, Sub-Treasury, Reserve Bank of India or any of the Branches of the State Bank of India to the credit of the Government under the head of account "043. Other Taxes and duties-B. Receipts on electricity- duties-(a) fees under the Indian Electricity Rules, 1956 and the Fees for the Electrical Inspection of Cinemas - other receipt".
For belated applications a penalty of rupee one for each month or part thereof shall be paid into the Government Treasury or the State Bank of India and the challan enclosed.
(3) Two copies of photographs of applicant 5 cm x 7.5 cm size, taken within a year of application.
(4) The specimen signature of the applicant.
(5) Permanent address; and
(6) Present address (with details of where at present employed).
Form H
The Board of Examiners for Cinema Operators, Tamil Nadu
Competency Certificate
This is to certify that passed the Competency Examination conducted by the Board of Examiners for Cinema Operators held on..
[Form I]
The Board of Examiners for Cinema Operators, Tamil Nadu
Application for Transfer or Assignment of Licence in Form C
(See rule 120 and 121 - Part IX)
Licensee
Section I
Person to whom the Licence is to be Transferred or Assignee
| 1. | Full Name of the Applicants | |||
| 2. | Address of the applicants | Village | Taluk | District |
| 3. | Age | |||
| 4. | (a) Status, antecedents and previous experience of the applicants: | |||
| Note. - The applicants should furnish herein among other things, particulars of taxes or other dues to Government and whether in respect of any assessment for tax, the matter is under consideration with the authorities of the Government. | ||||
| (b) Whether the applicant have not been convicted of an offence under clause (a) or clause (c) of section 14 of the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939), and, if so, particulars of such convictions. | ||||
| 5. | Period of validity of the licence: | |||
| 6. | Is the application for transfer or assignment in respect of a permanent cinema or [Travelling Cinema]? | |||
| 7. | Is the application for transfer or assignment of the licence ? (Here give details if the period for which the licence is proposed to be transferred or assigned, the consideration fixed for the transaction, etc). | |||
| 8. | What are the reasons for the proposed transfer or assignment of the licence ? |
Signature of applicants.
Section II
| 1. | Full Name of applicant: | |||
| 2. | Address of the applicant | Village | Taluk | |
| 3. | Age of the applicant | |||
| 4. | (a) Status, antecedents and previous experience of the applicant: | |||
| Note. - The applicant should furnish herein, among other things, particulars of taxes or other dues to Government and whether in respect of any assessment for tax, the matter is under consideration with the authorities of the Government, (b) Whether the applicant have not been convicted of any offence under clause (a) or. clause (c) of section 14 of the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939) and, if so, particulars of such convictions. | ||||
| 5. | (a) Name of the deceased licensee | |||
| (b) Date on which the licensee died | ||||
| 6. | (a) Particulars about all the legal heirs to the licensee Name of legal heirs..Age. Relationship to the licensee. | |||
| (b) On what basis the applicant claims to be a legal heir of the licensee. | ||||
| 7. | Is the application for transfer in respect of a permanent or [Travelling Cinema]? | |||
| 8. | Period of validity of the licence. | |||
| 9. | Has the applicant obtained the consent of all other legal heirs, in writing for the transfer of the licence in his/her name? (consent statement to be attached). |
Signature of Applicant.
[Form J]
Application for Transfer or Assignment of No Objection Certificate
(See rules 129 and 130)
| 1. | Full name(s) of the applicant(s) | |||
| 2. | Address(es) of the applicant(s) | Village | Taluk | District |
| 3. | Age of the applicant(s) | |||
| 4. | The nexus between the no objection certificate holder(s) and the applicant(s) | |||
| 5. | Reasons for the applicant(s) choice by the no objection certificate holder | |||
| 6. | (a) Details of status, antecedents and previous experiences, if any, of the applicant(s) | |||
| Explanation. - The applicant(s) should furnish herein, among other things, particulars of taxes and other dues to Government and whether in respect of any assessment for tax the matter is under consideration with the authorities of Government. | ||||
| (b) Whether the applicant/ any of the applicants have been convicted or compounded for any offence under clause (a) or clause (b)(i) of sub-section (1) of section 14 of the Tamil Nadu Entertainment Tax Act, 1939 (Tamil Nadu Act X of 1939) and, if so, particulars of such conviction/ compounding, (c) If dead, the date on which the holder/ joint holder of the no objection certificate died: | ||||
| 7. | (a) Particulars about all the legal heirs to the deceased holder of the no objection certificate. | |||
| Name of heirs | ||||
| Age | ||||
| Relationship to deceased holders of No Objection Certificate. | ||||
| (b) On what basis the applicant(s) claim(s) to be legal heir(s) of the deceased holder/ joint holder of no objection certificate. | ||||
| 8. | Whether the application is for transfer or inclusion of another person in the capacity of a joint holder of the no objection certificate in respect of a permanent/ semi-permanent or [Travelling Cinema]? | |||
| 9. | Number and date of proceedings of the licensing authority granting the no objection certificate and the period of validity of the no objection certificate. | |||
| 10. | Has/ Have the applicant(s) obtained the consent of all other legal heirs in writing for the transfer of the no objection certificate in his/ her name? (consent statement to be attached). |
Signature of the Applicant(s)
Enclosures:
(1) Original no objection certificate
(2) Sworn affidavits prescribed in rule 180(2)(b).
Form K
License for exhibition of a portion of film as a stage aid in a [music] dance or drama performance
(See rule 134 in Part X)
| 1. | Name and address of licensee: | |
| 2. | If the licensee is not the owner of the place or building, the name and address of the owner thereof: | |
| 3. | Situation of the place or building: | |
| 4. | Area of the place or building in square metres: | |
| 5. | Whether the performance is a 1 [Music] dance or drama performance: | |
| 6. | Details of the portion of the film to be exhibited: | |
| 7. | Length of the film to be exhibited during the performance: | |
| 8. | Duration of the film to be exhibited during the performance: | |
| 9. | Whether the place or building is to be used during the day or during the night or both with details of the timings during which the performance is to be conducted. | |
| 10. | Date of Inspection by the Chief Electrical Inspector or the Officer deputed by him: | |
| 11. | Period for which the Hence is to be in force: |
Conditions of Licence
This licence is granted subject to the provisions of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu IX of 1955) and the rules made thereunder. It is also subject to the following conditions. The terms and the conditions of the licence as inserted may be modified or added to at anytime during the currency of the licence-
(1) This licence does not except the licensee or his servants or agents from taking out any other licence required by or otherwise complying with any other law or rules or by-law made thereunder;
(2) The licensee shall not exhibit advertisement slides relating to sexual diseases and medicines to correct sexual disorders or purporting to assist the children in begetting children.
(3) The licensee shall not permit obscene or objectionable posters or pictorial publicity material to be displayed in the licensed premises.
(4) The licensee shall not display or to be displayed any Photograph, picture or poster which depicts or represents or purports to represent a scene or shot which has been excised from any film under the orders of the Central Board of Film Censors or the Central Government.
(5) The licensing authority and any subordinate duly authorised by him in that behalf and any police officer deputed to keep order during any entertainment in the licensed premises shall at all times, have free access to the said premises in order to see whether the conditions of the licence are fulfilled.
(6) No fire works shall be used as an adjunct to cinema exhibition.
Dated the day of...........
Commissioner of Police/ Collector.
[Form L]
[See rule 36(3)]
Proforma to accompany the report on extension of validity of no objection certificate or for relaxation of the condition already imposed in the no objection certificate
| 1. | Name and address of the applicant | |
| 2. | Survey number, village or town in which the permanent [Travelling] or open air cinema is permitted to be constructed. | |
| 3. | Proceedings number and date in which no objection certificate was granted: | |
| 4. | Date on which validity of the original no objection certificate expires: | |
| 5. | Date on which application for extension of validity of no objection certificate. | |
| 6. | Reasons adduced by the applicant for extension of time: | |
| 7. | Validity of no objection certificate. The stage of construction of the cinema at the time of application made for extension of time. | |
| 8. | Whether the reasons adduced by the applicant for extension of time are genuine: | |
| 9. | Whether the applicant is capable of completing the construction within the extended time: | |
| 10. | Recommendation of the Tahsildar | |
| 11. | Remarks of the Divisional Officer (in case of cinemas other than Travelling Cinema | |
| 12. | Orders of the Collector |
Signature
[Form M]
[See rule 14-A(2)]
Proforma for sending report on application made for exemption from the Tamil Nadu Cinemas (Regulation) Rules, 1957
| 1. | Name and address of the applicant | |
| 2. | Survey Number, Village or town in which the cinema is to be constructed. | |
| 3. | Whether permanent or [Travelling Cinema] | |
| 4. | Proceedings in which no objection certificate was granted. | |
| 5. | Rule for which exemption is sought for | |
| 6. | Circumstances leading to the applicant requesting the exemption from the above rules. | |
| 7. | Whether the grant of exemptions will affect the public interest. | |
| 8. | Specific recommendations of the Tahsildar on the representations for exemption from Tamil Nadu Cinemas (Regulation) Rules, 1957 (after personal inspection) | |
| 9. | Remarks of the Divisional Officer | |
| 10. | Orders or recommendation of the Collector. |
Signature
Form N
[See rule 40 in Part 11(c)]
Certificate of Structural Soundness
Under sub-rule (4) of rule 40 in Part 11(c) of the Tamil Nadu Cinemas (Regulation) Rules, 1957,1 certify that the structural soundness of the cinema building known as.............. and located at................. of which Thiru..........is the licensee, has been verified by me with reference to the provisions contained in the Tamil Nadu Cinemas (Regulation) Rules, 1957, as amended, from time to time, and I declare, that the building is structurally sound to be used for exhibition of Cinematograph films.
- The certificate is valid for a period of........from............to...........
Station:
Date:
Signature of the Engineer
Registration No.
Class
Address.
Form O
[See rule 40 in Part 11(c)]
Proforma to accompany the certificate of structural soundness to be issued by any engineer who is competent to issue the said certificate
Report for the period from ...
- Name and address of the licensee of the cinema theatre
- Name of the cinema theatre
- Place at which the cinema is situated (full address, including pin code)
- Age of building (in years and months indicate also the dale on which it was first fully completed).
- Date of last inspection
- Defects pointed out by the P.W.D. earlier
- Have the defects pointed out been fully verified? If not what is the position?
- Are the foundations of the building such that they will sustain the combined load of the building and of the super-imposed load and transmit those loads to the sub-soil in such manner as not to impair the stability of the building by the settlement caused by the pressure of such loads (details of the foundations and nature of soil should be given).
- Have the foundation of the building been taken down to such a depth and/ or are so constructed, as to render the building immune from damage from movement due to seasonal variations in the content of moisture in the ground (details should be given).
- Has the licensee taken necessary steps to secure the proper stability of the building and to render the building immune from any settlement or movement that may be caused in the soil on account of seasonal variations in the contents of moisture, inequalities of soil resistance, lateral escape of soft soil, sliding of the substratum on sloping ground distributed or concentrated lateral pressure or other causes (details should be given).
- (1) Foundation-
(i) Depth below ground level;
(ii) Nature of soil met with at foundation level.
(iii) Pressure at foundation:
(iv) Probable safe bearing capacity of the statement with at foundation.
(2) Superstructure-
(i) Maximum stress in the most critical section of masonry and concrete;
(ii) Nature of masonry and concrete and its safe permissible stress.
- Condition of roof trusses, rafters, etc. -
(1) Roof truss-
(a) Span-
(i) Clean span;
(ii) Effective span;
(iii) Rise.
(b) Spacing of trusses;
(c) Loads-
(i) Weight of A C. sheet;
(ii) Self-weight of truss;
(iii) Weight of false ceiling;
(iv) Live load
(v) Basis wind pressure and directions most of the time.
(2) Rafters-
(a) Maximum compression;
(b) Tension;
(c) Moment;
(d) Length;
(e) Actual compressive stress;
(f) Actual bending stress.
(3) Bottom ties-
(a) Maximum tension
(b) Maximum compression.
(c) Length.
(d) Actual tensile stress.
(e) Actual compressive stress.
(f) Effective length.
- Is the ground floor of the building not less than half a metre above the ground level?
- Has the building been provided with means for effectual drainage of storm water, sullage and sewage from the premises?
- Do not eaves of the building have a height of not less than 3.10 metres?
- Under the conditions of dead and live loading, do the stresses in any of the material of the construction or in the materials (on which the structure rests exceed the permissible limits as laid in relevant India standard (bye law 4.2.1 in I.S. 4878-1968).
- Does the structure of the building conform to the loading standards specified in IS. 875-1964 in so far as live loads and wind loads are concerned.
- Are the walls so designed that stress in the walls do not exceed the sale permissible limits laid down in I.S. 1905-1961?
- Have the thicknesses of load bearing brick masonry walls been adopted as laid down in Table 2 given in 4.3.1 of I.S. 4878-1968?
- Have the premises been enclosed with proper external or pardoning walls of brick or stone?
- Has the licensee provided suitable means of drainage to the building and also sanitary convenience according to the scale indicated in rule 55?
- Is the requirement for fitments for drainage and sanitation in respect of the building in accordance with rule 55 (2)?
- Has the licensee provided bulk head fittings in the quashed, ticket counters and toilet rooms intended for the use of the public?
- Have the floor, roof, ceiling, private boxes, balconies, galleries, tiers, partitions and every room, lobby corridor and passage been constructed of fire resisting materials.
- (1) Has the false ceiling been so constructed as to prevent either total or early collapse in the event of fire?
(2) Has catewalk of suitable materials been provided?
(3) Has the panelling of walls with wood and other combustible materials been permitted? If so. have such combustible materials been treated with fire resistant paint?
(4) Would the use of clock rooms (if provided) obstruct the free use of any exit?
- (1) Have internal doors been so fitted as not to obstruct when open, any gangway, passage, stairway or landing?
(2) Is the size of the doorways is not less than 2.25 metres by that is 1.5 metre?
(3) Is the landing of 1.5 metres flush with the floor?
- Have any subsequent additions or alternations been made to the premises7 If so, what are they? Give also the numbers and date of the reference in which sanction has been accorded by the licensing authority for such addition, alterations.
- (1) Have all windows and other means of ventilation been maintained in good order?
(2) Have every part of the building been maintained in proper sanitary condition?
(3) Have the walls of the buildings been not lime washed once in every six months or painted over once in every two years?
(4) Have all walls outside the auditorium been lined with a washable surface to two metres height from the ground level and kept clean always?
(5) Has a permanent record been kepi for having carried out debugging operation, regular spraying with residual insecticides against mosquitoes and fogging with insecticides by fogging machine or whist blower?
- (1) Has the licensee provided a sufficient supply of wholesome drinking water as required under rule 81(l)(i)?
(2) Has the licensee provided sufficient number of spittoons as recommended by the Health Officer concerned?
- (1) Are there any recesses or projections in the walls of passage, gangway or corridors within 1.75 metres of the ground?
(2) Have the lights have been provided at a height of not less than two metre above the ground.
- Any additional remarks.
- Recommendation.
Signature of the Engineer
Note. - 1. Items 8 to 12 to be applicable for new buildings, i.e., the first issue of the Structural Stability Certificate.
- Items 16 to 18 to be verified the theoretically while approving the plans and designs.
- Details for item 27 to be furnished by licensee.
Form-P
[See rule 44-B]
To
.....................................
Name and address of the Licensee
You have committed the offences mentioned here under and its proposed to compound the send offence. If you desire to compound the said offence(s), you are required to you are required to transmit a sum of Rupees to the Licensing authority on or before......................(date)
.......................
Signatures and address of the Licensing authority.
Details of the Offences
- Conducting matinee and other extra shows without prior permission.
- Conducting shows in the theatre without valid C form licence or E permit.
- Leasing out theatres without permission of the licensing Authority.
- Allowing unlicenced operators to handle projectors.
- Dirty and insanitary conditions of the auditorium lavatories etc.
- Non-provision of fans or provision of defective fans.
- Refusal of licensees to apply fire resistance paints in the auditorium.
- Poor conditions of seats and Chairs.
- Porr ridden conditions in the auditorium.
- Lacks of periodical white washing.
- Non display of ticket rates at booking counter.
- Non provision of drinking water or provisions of unclean water.
- Non Exhibition of news reals.
- Non Exhibition of cinematograph Act and Rules in the auditorium.
- Non Production of C form licence and related certificates before inspecting authorities.
Appendix I
Model Wiring Diagram For Cinemas
[See rule 90(1) in Part Y]
Diagram
[Appendix II]
Regulations for the Issue of Cinema Operators Licence
- Application for the issue of Cinema Operators licence may be made to the Chief Electrical Inspector by the candidates who have been declared successful in the Cinema Operator's Examination held by the Board of Examiner of Cinema Operator or who are exempted from such examination.
The application shall be made along with a fee of [Rs.50]. The fee may be remitted into any Government Treasury or the State Bank of India to the credit of "043 Taxes and Duties on Electricity-Fees under the Indian Electricity Rules-Fees for the Electrical inspection of cinemas-other receipts" and the relevant challan enclosed. The competency certificate shall also be enclosed with the application for licence for reference and return. Two copies of photograph 5cm by 7.5cm in size taken within a year of application and two specimen signatures of the applicant shall also be enclosed.
- The Chief Electrical Inspector may issue the licences for period not exceeding five years.
[3. Application received in the office of the Electrical Inspector after the expiry of the three months period from the date of expiry of the licence shall be considered as an application for a new licence and a fee of Rs. 50 shall be charged.]
- A candidate who had passed the Cinema Operator's Test and had been awarded the competency certificate by the Board, but who had not taken out a licence from the Chief Electrical Inspector within a period of three years from the date of issue of the competency certificate shall not be eligible for a Cinema Operator's licence unless he again appears for and secures a pass in the Cinema Operator's Examination held by the Board.
[5. The application for renewal of cinema operator's licence received with in a period of three months after the expiry of the licence shall be entertained and a fine of Rs 250 shall be collected for this purpose. The application received beyond three months after the date of expiry of the licence shall be treated as fresh application.]
- The operator shall report to the Chief Electrical Inspector whenever he proceeds on leave, resigns or accepts appointment in another cinema.
- Fees once paid shall not be refunded.
- An operators' licence granted to any person under these regulations shall be liable to be withdrawn, suspended or cancelled if, in the opinion of the Chief Electrical Inspector, the operator has not complied with these provisions, if found incompetent (sic) malpractices or has impersonated. The decision of the Chief Electrical Inspector shall be final in all matter of issue of licences, their renewals, suspension cancellation.
[9. The State Government may, by order, in writing exempt subject to such conditions and restrictions as they may impose any candidate from all any of the provisions of the foregoing regulations.]
[Appendix III]
Regulations for the Issue of Competency Certificate
- Qualifications for candidates.- (i) The minimum general education qualification for candidates appearing for the examination conducted by the Board of Examiners for Cinema Operators shall be X Standard or SSLC or its equivalent. Prior to the date of the application for admission to the examination the candidate should have serve as an apprentice or served for a period of not less than one year in a Cinema Theatre under the supervision of a licensed operator. If the candidate is holder of a degree or diploma in electrical engineering of a University or of a recognised Institute, he should have served previously to the date of the application for admission to the examination as an apprentice for not less than six months in a cinema theatre under the direct supervision of a licensed operator.
(ii) The record of such apprenticeship of service should be certified and attested both by the licensed operator under whose supervision he has worked and by the manager or proprietor of the theatre where he has worked for the specified period.
- Registration of apprentices.- Candidates for Cinema Operators' examination and candidates for competency certificate shall register themselves with the Board before commencing their prescribed period of apprenticeship in recognised cinema theatres. A fees of [Rs. 5 (Rupees five only)] shall be charged for registration. Without such prior registration the apprenticeship will not be recognised as valid for purposes of examination and for the issue of competency certificates.
- Age.- A candidate appearing for the examination or applying for a competency certificate must not be less than 18 years of age.
- Syllabus.- The syllabus for the cinema operators' course will be as follows:
(i) Working knowledge of bioscope machines or talkies, cinematograph machines and in particular, knowledge of the type of machine which the candidate is at the time employed in operating.
(ii) Knowledge of municipal bye-laws and other rules relating to cinematograph exhibitions and precautions against fire.
(iii) Knowledge of the most speedy and effective methods of dealing with fire.
(iv) Knowledge of the elements of electric power, direct and alternate current, voltage, amperage, etc. or in the case of mufassal operators, of petrol or oil engines; and knowledge of the provisions of Indian Electricity Rules and methods of treatment of persons suffering from electric shock.
(v) Proficiency in the handling, winding, repairing and efficient cleaning of films.
- Fees.- A fee of Rs. 5 (Rupees five only) shall be paid to the Board for the registration of a candidate with the Board for recognition of apprenticeship thereafter as mentioned in the rule 2 above. The amount shall be remitted by a crossed postal order or by money order in favour of the Government Board of Examiners for Cinema Operators, Chennai-2. The name and address of the candidate shall be typed or legibly written in the coupon of the Money Order Form.
(b) A fee of Rs. 20 (Rupees Twenty only) shall be paid to the Board by a candidate applying for the operator's examination. This covers also the fees for the issue of a competency certificate in the case of those who pass the examinations.
(c) A fee of Rs. 20 (Rupees Twenty only) is payable for the competency certificate by a candidate applying for the competency certificate, but who is exempted from sitting for the operator's examination.
(d) For every duplicate copy of the competency certificate, a fee of Rs. 2 (Rupees two only) shall be paid.
The amount payable under (b), (c) and (d) above shall be remitted by means of a demand draft on the State Bank of India, Chennai or by means of a crossed postal order in favour of the Government Board of Examiners for Cinema Operators, Chennai-2.
Fees once paid shall not be refunded.
- Eligibility for appearing for examination.- (a) The candidate shall be holder of a certificate of having been declared successful in the X Standard Examination or SSLC its equivalent unless he is exempted under rule 1.
(b) The candidate shall have his name registered with the Board as an apprentice operator, as per the rules of such registration.
(c) (i) The candidate shall have, after registration of apprenticeship as in (b) above in, put an apprenticeship or service for a period not less than one full year in licensed theatre, unless he is exempted under rule 12; or
(ii) In case the candidate is the holder of a degree or diploma in Electrical Engineering of a University or a recognised institution, he should have served as an apprentice for not less than six months in a cinema theatre under the direct supervision of licensed operator after registration as in (b) above.
- Document and instrument to be sent along with the application.- Every application for the examination or for the competency certificate shall be accompanied by the following:-
(a) The application in the prescribed form shall be counter-signed by the licensee or the proprietor or Managing Director or Managing Partner or the licensee of the theatre where the candidate had undergone apprenticeship or service or practice training or the Principal of the Government Central Polytechnic Chennai or by Gazetted Officer, as the case may be;
(b) A certificate in original testifying that the applicant has passed the X Standard or SSLC Examination or its equivalent;
(c) Three copies of photographs (half card size) of the applicant, such photograph being attested by the proprietor or managing director or managing partner, licensee of the theatre or the Principal, Government Central Polytechnic, Chennai or a Gazette Officer;
(d) Conduct and service certificates in the prescribed forms available with the Board duly signed by appropriate authorities as specified therein;
(e) Bank draft for Rs. 20 (Rupees twenty only) obtained from the State Bank of India or any of its branches or crossed postal order for the amount in favour the Government Board of Examiners for Cinema Operator, Chennai, Remittance of the fees by money order, telegraph money order, cash or any other method will not be accepted.
(f) Apprenticeship registration certificate issued to the applicant by the Board;
(g) Evidence or authority indicating the correctness of age of the applicant; and
(h) Certificate issued by the Director of Industries and Commerce in the case of the students of the Government Central Polytechnic, Chennai.
A candidate residing in the Tamil Nadu State desiring to appear for the examination shall apply in the prescribed form available with the Board only filling in all the particulars required therein and send the same so as to reach the Secretary of the Government Board of Examiners on or before the date notified.
- Candidates from other states.- In the case of candidates working in any State other than the Tamil Nadu State or a centrally administered territory of the Indian Union applying for the examinations in clause (a) to (h) of rule 7 shall also produce a certificate of apprenticeship for a period of two years in cinema theatres in the State or area from a Gazetted officer in the State or area.
- Penalty for non-compliance of rules.- (a) An application not accompanied by any one of the prescribed certificates or documents as stated in rules 7 and 8 shall be rejected.
(b) A candidate who submits false information in his application for appearing for the examination or a candidate found to have recourse to malpractice in the examination shall be debarred by the Board for a period of three years from the date of the examination for which he is applying or appearing, as the case may be.
- The application of candidates who are not qualified to apply or to sit for the examination or of those who do not conform to the rules of the examination can be rejected by the Board even though the fees have been paid and the fee shall be forfeited.
- Application received after the prescribed date or applications which are not correctly and completely filed in, or in respect of which the prescribed certificate and documents are not received on or before that date and applications which do not otherwise fulfill the terms are liable to be rejected summarily.
11-A. (i) The competency certificate granted to any person under these regulations shall be liable to be withdrawn, suspected or cancelled, if in the opinion of the Board, he is found incompetent, adopts malpractices or has impersonated. The decision of the Board shall be final in all matters of issue of competency certificates, its suspension or cancellation.
(ii) No order shall be issued under this Regulation unless the person concerned has been given a reasonable opportunity of showing cause against the order proposed to be issued and unless explanation has been considered.
- Exemptions.- Exemption No. 1.- Army Personal-Ex-Army personal who have served as first or second grade cinema operators or cinema projectionists in the Army desirous of appearing for the examination shall be exempted from undergoing apprenticeship in a licensed theatre. But, they shall conform to, and fulfil all the other conditions of, the rules regarding examination and grant of competency certificate.
Exemption No. 2. - The holders of Diploma in Cinematograph and Sound Engineering issued by the former Technological Diploma Examination Board, Chennai and the holders of Diploma in Film Technology issued by the State Board of Technical Education and Training, Chennai shall be exempted from the examination conducted by the Board of Examiners for Cinema Operators. Such candidates shall be eligible to obtain the competency certificate issued by the Board of Examiners for Cinema Operators and licence as per the rules after registering themselves with the Board.
They shall also pay the fees of registration with the Board and for the issue of competency certificate and licence as prescribed in regulation 2 and 3 above and regulation (1) in Appendix III.
Exemption No. 3. - Such other candidates as may be exempted by the State Government subject to such conditions as may be specified.
- Candidates serving as apprentices in more than one theatre.- In the case of a candidate who served as an apprentice during the period of one year of his apprenticeship in more than one theatre, the following procedure shall be adopted:-
(i) The candidate who has registered with the Board should intimate to the Board the change of theatre, if any, during the period of his apprenticeship (i.e.) the date of his leaving one theatre and joining other theatre and the name and address such theatres.
(ii) Every notice of such change shall be accompanied by a letter of confirmation from the proprietor or the licensee of a theatre where he has joined.
(iii) The candidate shall get a certificate testifying to the period of service from proprietor or the licensee of a theatre at the time of leaving that theatre.
(iv) The candidate's application for appearing for the examination shall be accompanied by the certificates of service issued by the proprietors or licensees of the theatres where he has worked after registration.
(v) The application should be signed by the last employer and need not be counter signed by the proprietors of all the theatres where he has worked.
- Licensed Operators from other Slates in the Indian Union or countries other than India Union.- In the case of a person who is licensed operator in any State other than Tamil Nadu State in the Indian Union or a centrally administered territory of the Indian Union or in a country outside the Indian Union and who seeks to appear for the examination conducted by this Board, pre-registration may be waived, provided the candidate is able to produce a certificate issued by the Licensing Authority or Chief Electrical Inspector of the State, territory or country concerned to the effect that he served as a licensed operator in cinema theatre in the State, territory or country for a period of not less than three years and provided also be satisfies all other rule governing the examination conducted by the Board which he should pass.
- Procedure regarding requisitioning for prescribed forms and particulars.- Prescribed application, conduct and service certificate forms relevant particulars and notification pertaining to the examination, registration and to the issue of competency certificate can be had from the Secretary, Government Board of Examiners for Cinema Operation Institute of Film Technology, Buildings, Chennai - 20, by the candidates for the examination or applying for issue of competency certificates on a requisition in writing specifying the name of the post. Every such application shall be accompanied sufficiently stamped and self-addressed envelope.
- The State Government may, by order in writing, exempt to such conditions and restrictions as they may impose, any candidate from all or any of the provisions of it regulations.
Schedule
Conditions under which not more than 200 LB. of cinematograph film may be stored in the premises licensed under the Tamil Nadu cinemas (regulation) act, 1955
(vide rule 85 in Part V)
Film shall be stored-
- (i) in a storage shed constructed of suitable uninflammable materials, the doors and ventilators may be of wood, and shall be open outward, or
(ii) in a tent, placed on private grounds and separated by distance of not less than 7.5 metres from any dwelling house, other buildings, highway, street or public place.
- The storage shed or tent shall not be used for any other purpose.
- All film waste and scrap shall be disposed off immediately.
- Adequate precautions shall, at all times, be taken for the prevention of accidents by fire or explosion and no smoking fire or articles capable of causing fire to film shall be permitted at any time within the licensed premises.
- The furniture and other articles shall be so arranged as to afford free egress to persons in the event of fire.
- There shall be kept posted up in large charters in the room-
(i) full instructions as to the action to be taken in case of fire.
(ii) full directions as to the means of escape from the room in case of fire.
- Free access to the licensed premises shall be given at all reasonable times to any Magistrate or any Police Officer not below the rank of a Sub-Inspector of Police deputed by the District Collector or the Superintendent of Police or the Electrical Inspector and every facility shall be afforded to such officer for ascertaining that rules and conditions are duly observed.
- Any accident, fire or explosion occurring within the licensed premises which is attended with loss of human life or serious injury to persons or property shall be reported immediately to the nearest Magistrate or to the officer-in-charge of the nearest police station and by telegram or telephone where such means of communication are available.
- If the licensing authority calls upon the holder of a licence by a notice in writing to execute any repairs to the licensed premises which are, in the opinion of such authority, necessary for the safety of the premises, the holder of a licence shall execute the repairs within such period not less than one week from the date of receipt of notice as may be fixed in the notice.
- All electric wiring and equipment shall conform to the regulations for the electrical equipment of building by the Institution of Electrical Engineers.
All electric wiring shall be in gas-tight screwed conditions which shall be electrically and mechanically continuous throughout and effectively earthed outside the building.
Portable electric lights on extension cords shall not be used in any storage or examining room.
(vide G. O. Ms. No. 709, Home, dated the 10th March 1959.)

