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ANDHRA PRADESH CINEMAS (REGULATION) RULES, 1970

ANDHRA PRADESH CINEMAS (REGULATION) RULES, 1970

[1]THE ANDHRA PRADESH CINEMAS (REGULATION) RULES, 1970

PREAMBLE

In exercise of the powers conferred by Section 6 and sub-section (1) of Section II of the Andhra Pradesh Cinemas (Regulation) Act, 1955 (President's Act 4 of 1955) and in supersession of the A.P. Cinemas (Regulation) Rules, 1962 published with Home Department's Notification No. 28, dated the 26th July, 1962 at pages 294, 339 of the Rules Supplement to Part I of the Andhra Pradesh Gazette, dated the 26th July, 1962, as amended from time to time the Governor of Andhra Pradesh hereby makes the following rules, namely:?

CHAPTER ?I General

Rule - 1. Short title and commencement.--

These rules may be called the Andhra Pradesh Cinemas (Regulation) Rules, 1970. They shall take effect from the date of Issue and shall apply to all cinema premises in the State of Andhra Pradesh [2][........]

Rule - 2. Definitions.--

(1)     In these rules, unless the context otherwise requires,?

(a)      'Act' means the Andhra Pradesh Cinemas (Regulation) Act, 1955 (President's Act 4 of 1955);

(b)      'auditorium' means the portion of the licensed place in which accommodation is provided for the public to view the cinematograph exhibitions;

(c)      'building' means

(i)       In relation to a permanent cinema, building which is constructed for permanent use with stone, mud, brick, mortar, cement or such other non-inflammable material as is generally used for the construction of pacca buildings as may be permitted by the licensing authority.

Provided that the existing permanent cinema buildings, which were treated and licensed as such under the rules in force immediately before these rules take effect shall be deemed to be permanent cinema buildings within the meaning of this definition.

Explanation:? Where the floor, roof, side, walls, galleries and staircases of a building are made of non-inflammable material permitted by the licensing authority, the building shall, for the purposes of these rules, be deemed to be a permanent building and if any question arises as to whether a building is or is not a permanent building, the question shall be decided by the licensing authority in consultation with the Executive Engineer or the Superintending Engineer of the Roads and Building Department, having Jurisdiction over the area, and such decision of the licensing authority shall be final.

(ii)      in relation to a semi-permanent cinema, a building which is constructed of non-inflammable materials, as is generally used for the construction of pacca building with side walls of 1.05 meters height, built with lime, mortar or mud and durable black canvass or tarpaulin curtains over them so as to cover light and afford shelter from rain and as may be permitted by licensing authority; and

(iii)     in relation to a temporary cinema, a building which is not a permanent building and which is constructed of non-inflammable materials, having galvanized zinc or asbestos sheets and the like for roofing, or which is constructed of inflammable materials, having zinc or asbestos sheets, tent or tarpaulin and the like for roofing;

(d)      'cinema operator' means a person holding a valid licence granted by the Electrical Inspector on the strength of a competency certificate issued by the Electrical Inspector to Government [3][in accordance with the instructions in Appendix VIII].

[4][(dd) "drive-in-cinema" means a cinema with an open-air-theatre premises into which admission may be given to persons desiring to view the cinema while sitting in motor cars only. Admission of persons other than those desiring to view the cinema while sitting in motor cars shall not be allowed in a "drive-in-cinema" premises].

(e)      [5]['Electrical Inspector' means a person appointed by the Government as such under sub-section (1) of Section 36 of the Indian Electricity Act, 1910 (Central Act 9 of 1910) and includes any person authorised to deputed by him.]

(f)       'enclosure' means the portion of the licensed place in which the cinematograph apparatus is erected;

(g)      'form' means form annexed to these rules.

(h)     'government' means the Government of Andhra Pradesh.

(i)       'health officer' means the Municipal Health Officer In the case of the Municipality which employs a Health Officer, or the Medical Officer of Health in the case of Hyderabad Municipal Corporation and the District Health Officer in all other cases;

(j)       [6]["inspecting officer" means the licensing authority, the Electrical Inspector and the Health Officer and any officer of any department authorised by the licensing authority to inspect the theatre".

(k)      'licensed electrical contractor' means an electrical contractor licensed by the Government;

(l)       'licensed surveyor or licensed architect or licensed civil engineer or licensed supervisor' means a surveyor or architect or civil engineer or supervisor licensed under any enactment relating to the local Government or any rule or bye-law made thereunder relating to the regulation of construction of buildings in the area where the cinema building is constructed;

(m)    [7][.........]

[8](mm) "motor car" means a motor car as defined in[9][clause (16) of Section 2 of the Motor Vehicles Act, 1939"].

(n)     "place" means town or village (including the hamlet or hamlets attached to the village);

(o)      'prescribed' means prescribed by order of the licensing authority;

(p)      'special cinematograph exhibitions' means,?

(i)       cinematograph exhibitions given in schools or halls for occasional public use; and

(ii)      cinematograph exhibitions given in the open air or in pedals where the sides cannot be enclosed; and

(q)      "existing cinemas" means the cinemas buildings, existing or those under construction prior to the commencement of these rules.

(2)     Words and expressions used in these rules but not defined therein shall have the meanings assigned to them in the Act.

Rule - 3. Interpretation of rules.--

If any question arises as to the interpretation of these rules otherwise than in connection with a prosecution for an offence, the question shall be referred to the Government whose decision shall be final.

Rule - 4. Title to obtain or hold permission or a licence.--

Any person not below the age of twenty years, any company or firm or association of individuals whether incorporated or not, shall be entitled to obtain or hold any permission or licence under the Act.

Rule - [10][5. Transfer of permission for construction or of licence on the death of the holder of permission/licence.--

(1)     (a) Where the holder of the permission to construct a cinema building or to make additions or alterations thereto dies the person succeeding to the possession of the said premises covered by the permission, may use it:

Provided that such person has, within thirty days of the death of the holder of the permission, informed the licensing authority of the death of the holder and makes an application alongwith succession certificate within ninety days of the death of the said holder, for transfer of said permissions in his favour.

(b) The licensing authority may, on application made to it within three months of the death of the holder of permission, transfer the permission to the person succeeding to the possession of the premises and the incomplete building or the building to be altered".

(2)     (a) Where the holder of a cinematograph licence dies, the person succeeding to the possession of the cinema building covered by the licence of the deceased, may, for a period of three months, use the licence as if it has been granted to himself;

Provided that such person has, within thirty days of the death of the licencee, informed the licensing authority which granted the licence of the death of the licensee and of his own intention to use the licence;

Provided further that no licence shall be used after the date on which it would have ceased to be effective without renewal in the hands of the deceased licensee.

(b) The licensing authority may, on application made to it within three months of the death of the licensee, transfer the licence to the person succeeding to the possession of the cinema building covered by the licence:

Rule - 6. Requirements for cinema buildings.--

The requirements as to (i), site, specifications for construction of cinema, building and other general matters; (ii) cinematograph apparatus and enclosure; (iii) electrical fittings and fire extinguishing appliances and equipment; and (iv) conditions regulating storage of not more than 91 kilograms of cinematograph film in any premises licensed under the Act shall be as specified in Appendices I, II, III and V, respectively:

Provided that in the case of semi-permanent cinema buildings, these rules and the provisions in Appendices I, II and III as are applicable to permanent cinema buildings, shall, except to the extent specified in item (ii) of clause (c) of sub-rule (1) of Rule 2, clause (b) of sub-rule (1) of Rule 7 and sub-rule (8) of Rule 13 and para 1 or Appendix IV be applicable and all such buildings shall have all public conveniences other requirements provided according to standards specified for permanent cinema buildings.

[11][Provided further that in the case of the temporary cinema constructed with non-inflammable and inflammable materials only the specifications mentioned in paras 2 and 3 of Appendix IV, as the case may be, shall apply and the licensing authority may, in consultation with the technical authorities, apply to these cinema buildings such of the specifications in Appendices I, II and III and with such modifications as may be considered necessary.

Provided also that in the case of special cinematograph exhibitions, only the specifications, in para 4 in Appendix IV shall apply and the licensing authority may, in consultation with the Electrical Inspector, apply to these cinematograph exhibitions such of the specifications in Appendices I, II and III such of the rules, with such modifications as may be considered necessary.

[12]["Provided also that in the case of [13][Cinematograph exhibition given in any public place] with an enclosed bulb projector with non-inflammable films not greater in width than 16 millimeters only, the specifications in para 5 in Appendix IV shall apply and the licensing authority may, In consultation with the Electrical Inspector, apply to these cinematograph exhibitions such of the specifications specified in Appendices I, II and III and such of the rules, with such modifications as may be considered necessary".

[VIDEO RULE]

[14]["Provided also that in the case of Public Exhibition of films on Video in any place, the rules and the specifications in Appendix IX shall apply and the licensing authority may apply to these exhibitions such of the specifications specified In Appendices I, II and III and such of the rules, with such modifications as may be considered necessary.

[15]["Provided further that In the case of 'drive-in-cinema' these rules and provisions in the Appendices I, II and III as applicable to permanent cinema buildings shall apply subject to the specifications mentioned in Appendix X'.

[16]["Provided also that In the case of Mini theatres, the rules and provisions contains in the Appendices I to VII shall be applicable as in the case of permanent cinema buildings".

"Provided also that the maximum seats in a Mini theatre shall not exceed 400".

Rule - 7. Restrictions on grounds of population and distance.--

(1)     Subject to sub-rule (5) of this rule the number of cinema buildings allowed to function in any place on the basis of the population of such place shall be as specified below:-

(a)      There shall be no restriction on the basis of population to the grant of licences (i) to permanent cinemas; and (ii) to temporary cinemas if there is no permanent cinema; Semi-permanent cinemas shall be allowed only In towns and villages having a population of less than 1,00,000 and not having more than three permanent cinemas already functioning;

(b)      Where the population is 20,000 and less, only one temporary cinema shall be allowed if there is one permanent cinema and no temporary cinema shall be allowed if there are more than one permanent cinema;

(c)      Where the population is over 20,000 but less than 50,000 only two temporary cinemas shall be allowed if there are one or more permanent cinemas;

(d)      Where the population is over 50,000 only three temporary cinemas shall be allowed, If there is only one permanent cinema two temporary cinemas shall be allowed, if there is only two permanent cinemas; and no temporary cinema shall be allowed if there are three or more permanent cinemas;

(2)     Subject to sub-rule(5) of this rule the location of cinema buildings In terms of distance from each other or from any other building shall be as specified below:

(a)      [17]No restriction In regard to distance between one permanent cinema and another permanent cinema].

(b)      800 meters between one temporary cinema and another temporary cinema;

(c)      [18][800 meters, In between [19][permanent or semi-permanent theatre and a temporary theatre].

(d)      6.5 meters between a cinema building and other building.

(3)     The distance between any two cinemas buildings or between a cinema building and any other building shall be reckoned from the main entrance of one to that of the other, along the shortest pathway, lane, street, road or any other way connecting them provided that such pathway is generally used by the members of the public.

[20]["Note:? Distance as per Rule 7(2) should be maintained between the theatres even if they fall in two different adjoining villages".

(4)     In calculating the population of a place for purposes of sub-rule (1), account shall be taken not only of the permanent and floating population of the place but also of its environs within a radius of eight kilometers being calculated from the Municipal, Gram Panchayat or Revenue Village limits.

[21][Note:? Revenue Village limits means the village and the hamlets if any comprising in such village as shown in the revenue accounts of the Government].

(5)     [22][licences shall not be granted for construction of permanent or semi-permanent or temporary cinema buildings within a distance of 800 meters in place where temporary cinema theatres exist on the date of applications by the applicants".

[23]["Provided that in respect of temporary theatres situated within a distance of eight hundred meters of permanent or semi-permanent cinema theatres and in respect of which licences had not been renewed [24][ x x x x x ] on account of the restrictions contained in clause) of sub-rule (2) of this rule obtaining as on the 26th March, 1985, fresh licences shall be granted by following the procedure, without Insisting on the said restrictions".

(6)     [25]["Exhibition of films not greater in width than 16 millimeters with an enclosed bub projector [26][........] shall not be allowed within a distance of 8 kms. from either permanent, semi-permanent or temporary theatres screening films of 35 mm. width and above".

Rule - [27][7-A. Application of rules made under the Acts mentioned in Section 6 of the Act.--

(1)     All rules made from time to time, under the Andhra Pradesh (Andhra Area) places of Public Report Act, 1818 (Act 1 of 1818), the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956), the Andhra Pradesh (Andhra Area) District Boards Act, 1920 (Act XIV of 1920), the Andhra Pradesh Area Town Planning Act, 1920 (Act VII of 1920) and the Andhra Pradesh Gram Panchayats Act, 1974 (Act II of 1964), relating to the matters referred to In Section 6 of the Act and In force Immediately before the publication of this notification In the Andhra Pradesh Gazette, shall so far as may be, apply to the matters aforesaid.

(2)     All references to a Municipal Council or the Chairman or the executive authority thereof or to the Distance Board or the President or the executive authority thereof to the Panchayat In any role referred to in sub-rule (1) shall be constructed as references to the licensing authority under the Act for the purposes specified in Section 6 and Section 11 (1) (a) of the Act].

CHAPTER ? II PERMISSION FOR THE CONSTRUCTION OR RE-CONSTRUCTION OF A CINEMA BUILDING AND INSTALLATION OF MACHINERY

Rule - [28][8-A, Application for issue of "No objection Certificate" for construction Cinema Building.--

(1)     Any person intending to construct or reconstruct the whole building or use a building exclusively for cinematograph exhibitions and to employ steam power, water power, electrical power or other mechanical power or to install therein any machinery driven by steam, water, electricity or other power for the aforesaid purpose shall before, beginning such construction or reconstruction or Installation make an application In writing to the licensing authority In Form A-1 and obtain "No Objection Certificate".

(2)     Such application shall be accompanied by;

(a)      a site plan drawn on a separate sheet to a scale of not less than 1 cm. to 500 cms. showing.

(i)       the cardinal points marked thereon;

(ii)      the position of the site in relation to any adjacent premises and to the public thoroughfare upon which it abuts and;

(iii)     the surrounding roads and buildings like, schools, hospitals, places of worship and the like, which exist upto a distance of 182 meters of the site; Provided that in respect of the application for "Drive-in-Cinema' the surrounding roads and buildings like schools, hospitals, places of workshop and the like which exist upto a distance of one kilometer shall be shown.

(b)      necessary records or certified copies thereof relating to his ownership and possession of the site if he is himself the owner thereof or those relating to his lawful possession thereof if he is not the owner:

(c)      the treasury receipt relating to the payment of fees prescribed in Rule 16;

(d)      five additional copies of the application and site plan and other papers mentioned in clauses (a) and (b) of this sub-rule.

Rule - 8-B. Grant of "No Objection Certificate".--

(1)     Within fifteen days of receipt of any application for grant of "No Objection Certificate", the licensing authority shall ?

(a)      If the application is not in accordance with the rules, return the same to the applicant for re-submission within a period of sixty days failing which the applicant shall be treated as rejected and fresh application shall be made;

(b)      if the application is in order forward a copy of the application together with enclosures to the Chief Executive Officer of the Local authority, the Director of Town Planning In the case of areas covered by Town Planning Schemes the Health Officer and the Police Authorities asking for their report within fifteen days from the date of receipt of the copy of the application and obtain their acknowledgement

(c)      On receipt of the reports referred to in clause (b) of sub-rule (I) If the licensing authority is satisfied that the other requirements of these rules are fulfilled and that the applicant is in lawful possession of the site he shall within fifteen days from the date of receipt of the said reports grant "No Objection Certificate" applied for, either absolutely or subject to such conditions as it thinks fit to impose;

Provided that If the licensing authority Is satisfied that the provisions of these rules have not been fulfilled, he may refuse to grant "No Objection Certificate" applied for and communicate to the applicant the reasons for such refusal.

(2)     The "No Objection Certificate" shall be granted within 45 days of the receipt of the application.

[29]("Provided that No Objection Certificate for construction of theatre shall not be granted on the sites which are within 182 meters of Schools, Colleges, Hospitals and places of worship".

Rule - [30][9-A. Application for grant of permission to construct Cinema Building.--

(1)     Within six months after the receipt of the "No objection Certificate" the person shall make an application to the licensing authority in form A-1 and obtain permission.

(2)     Such application shall be accompanied by:

(a)      Complete plans, elevations and sections, of the premises and of all erections or buildings thereon drawn correctly to a scale of 1 cm. to 100 kms. according to the specifications in Appendices I, II, III and IV and showing the position of the electrical machinery and cinematograph apparatus along with writing diagram which conforms as far as may be to the model writing diagram in appendix-VII.

Explanation (1):? All drawings shall be colored to distinguish the material employed in the construction of buildings and erections.

Explanation (2):? The thickness of the walls and scanting of the various material used shall be clearly shown on such drawing by figured dimensions.

Explanation (3):? The width of all stair cases, the number of steps In each such stair cases, the width of corridors, gangways, door-ways 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 high the floor and roof ventilation and the details of any gas or electric Installation, shall be indicated on such drawings,

Explanation (4):? (a) All plans and drawings in respect of permanent cinema buildings shall be got prepared by an Engineer holding the B.E. Degree of a University In India established or incorporated by or under a Central Act, Provincial Act or any other equivalent qualification or by a retired Executive Engineer and shall bear a certificate under his signature to the effect that the designs are sound and stable.

(b)      Such particulars as to the power, machinery, Plant or premises required.

(c)      the treasury receipt relating to the payment of fees prescribed In Rule 16;

(d)      Four additional copies of the application accompanied by copies of plans and other papers mentioned in Clauses (a) and (b) of this sub-rule.

(e)      any other plans, sections, elevations, designs, details, structural calculations and other particulars of the proposed or existing buildings and erections which the licensing authority in his discretion may consider necessary for the proper scrutiny of the application and grant of licence.

Rule - 9-B. Grant of permission to construct Cinema Buildings.--

(1)     Within 15 days of receipt of any application for grant of permission the licensing authority shall-

(a)      If the application is not in accordance with the rules, return the same to the applicant for re-submission within a period of sixty days failing which the application shall be treated as rejected and fresh application shall be made:

(b)      if the application is in order forward a copy each of the application together with its enclosures to the Electrical Inspector, the concerned Executive Engineer, Roads and Buildings, the Health Officer of the local authority asking for their report within thirty days from the date of receipt of the copy of the application and obtain their acknowledgment.

(c)      On receipt of the report referred to in clause (b) of sub-rule (2) if the licensing authority is satisfied that the other requirements of these rules are fulfilled he shall within fifteen days from the date of receipt of the said reports grant the permission applied for, either absolutely or subject to such conditions as it thinks to impose.

Provided that if the licensing authority is satisfied that the provisions of these rules have not been fulfilled, he may refuse to grant the permission applied for and communicate to the applicant the reasons for such refusal.

Provided further that if orders either granting or rejecting the permission applied for are not passed and communicated to the applicant within the period of ninety days from the date of receipt of application, it shall be deemed that the permission applied for has been granted.

(2)     The licensing authority shall, when the permission applied for Is granted, affix his signature and seal of office and also endorse his approval on the plans and the other document as approved by it and return a copy each to the applicants and also inform the Electrical Inspector concerned about the permission having been granted.

(3)     The permission under sub-rule (2) shall be granted subject to the following conditions namely:

(a)      If it is permanent cinema, building all stages of construction work namely, foundation level, reinforcement of principal members of the structure (that is, ranker beams, balcony main beam, balcony slab and the like) R. C. slab or roof level of additions and alterations, shall be got executed to proper standards by a qualified licensed surveyor, licensed supervisor or licensed architect or licensed Civil Engineer or a retired Executive Engineer (R&B) and the responsibility for the structural soundness of the building shall be that of the owner.

(b)      If it is a permanent cinema building;

(i)       Certificates, at each stage of construction specified in clause (a) additions or alterations, to the effect that the construction of the stage of work has been done according to the approved plans and designs and as required by these rules and certificate in Form E at the completion of the building, addition or alterations in all respects shall be obtained from the qualified licensed engineer in charge of the construction work;

(ii)      the building additions or alterations, when completed shall be inspected by the Executive Engineer (R&B) concerned for the purpose of counter signature on the certificates mentioned in sub-cluase(1);

(iii)     buildings certificate regarding structural soundness and longevity of the building shall also be obtained from the Executive Engineer (R&B) concerned after completion of construction:

(c)      If It is a temporary cinema building all stages of construction/ additions or alterations shall be got executed to proper standard by a qualified licensed surveyor or licensed supervisor or licensed architect or licensed Civil Engineer and the responsibility for the structural soundness of the building shall be that of the owner who shall also produce a certificate In Form-E after the completion of the building;

(d)      Such of the provisions of the Indian Electricity Act, 1910 (Central Act 9 of 1910) and the rules made there under as are applicable to cinema buildings shall be complied with the electric writing shall conform to the code of practice for Electrical wiring fittings in Buildings of the Indian Standard Institution and the equipment shall bear the I.S.I. mark.

(e)      The Institution and maintenance of the telephone connection required under condition No. (7) of Form-B shall be carried out at the cost of the applicant

(f)       The construction of the building shall be completed within a period of three years. The licensing authority may for valid reasons, grant extension for a further period of two years for completion of the building.

Rule - 10. Additions and alterations to cinema buildings.--

(1)     Any person Intending to make additions or alterations to the licensed cinema premises, or any portion thereof or to the electrical Installations or apparatus or any part thereof shall make an application in writing, to the licensing authority along with complete plans, elevations, sections site plans and specifications of the work and drawings and diagrams relating to such additions or alterations, in duplicate:

Provided that any temporary changes necessitated by sudden break-downs are reported simultaneously to the licensing authority and the Electrical Inspector within 24 hours and such changes shall be subject to the approval of licensing authority.

(2)     Within sixty days of receipt of any such application. The licensing authority, shall as far as may be follow the procedure laid down In Rule 9 before granting or refusing to grant the permission applied for"

Rule - [31][?10-A. Alteration of the seating capacity.--

(1)     The seating capacity fixed in "B" Form licence shall not be allowed to be reduced:

Provided that if the licensing authority Is satisfied that the licensee exhibiting cinematograph exhibitions under loss, the Licensing Authority may reduce the seating capacity fixed in 'B' Form licence on an application made by a licensee on or before [32][1st March 1994], subject to the conditions that:

(a)      the seating capacity In the auditorium is fixed in such a way that no extra seat can be fixed in any classes of admission where the seats are- fixed; and

(b)      that all other classes of admission where the seats are not fixed and where there is open space, the number of seats shall be determined as per Para 19 of the Appendix-I to the said rules".

CHAPTER ? III Licences and Certificates

Rule -[33]11-A. Application for grant of a Licence.--

(1)     Every application to the licensing authority for the grant of a licence under the Act shall be in writing and In Form-A II and shall be accompanied by?

(a)      attested copies of plans referred to In clauses (a) and (b) of sub-rule (2) of Rule 9 (A) as approved by the authorities at the time of granting permission under Rule 9-A.

(b)      the treasury receipt for the payment of fees prescribed in the Rule 16;

(c)      (i) Certificates obtained as required under clause (b) or (c) as the case may be of sub-rule (3) of Rule 9 (B) and, If the applicant so wishes a certificate obtained from a licensed electrical contractor In Form-F.

(ii) Certificates obtained from all censed survey or licensed architect or licensed Civil Engineer or licensed supervisor, as the case may be and from a licensed contractor in Forms-E and F respectively, If the applicant so wishes;

(d)      a declaration by the applicant to the effect that he has completed all arrangements for obtaining 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; and

(e)      Three additional copies of the application accompanied by copies of plans and other papers mentioned in clauses (a) and (c).

Rule - 11-B. Grant of Licence to Cinema Buildings.--

(1)     Within fifteen days of receipt of such application, the licensing authority shall?

(a)      If the application Is not in accordance with the rules dispose it of in accordance with clause (a) of sub-rule 9 (B).

(b)      If the application is In order, forward a copy of the application together with its enclosures to the Electrical Inspector and the Executive Engineer (R&B) (In the case of permanent cinema building only) asking for their reports and certificates within thirty days from the date of receipt of the copy of the application and obtain their acknowledgments:

(2)     On receipt of the reports and certificates referred to in clause (b) for sub-rule (1) or if the same have not been received in time on consideration of the certificates referred to in clause (c) of Rule 11-A on merits, if the licensing authority is satisfied that the applicant is in lawful possession of the site. building and equipment he shall, within ten days from the date of receipt of the above reports and certificates or the due date for the receipt of above reports and certificates, grant a licence in From-B with or without adding additional conditions thereto, consistent with the provisions of these rules, as he may deem fit in the interest of the health and safety of the public;

Provided that If the licensing authority is satisfied that the provisions of these rules have not been fulfilled and or that. In the case of temporary cinema building the provisions in Append lx-IV are not fulfilled he may refuse to grant the licence applied for and communicate to the applicant the reasons for such refusal.

(3)     (a) The licensing authority-while granted or renewing a licence in Form-B shall also fix the maximum rates of payment for admission to the different classes in the licensed premises.

(b) These rates shall not be increased during the currency of the licence without an order in writing by the licensing authority permanent such Increase.

(c) The order of the licensing authority is liable to be cancelled or modified by the Government, If they consider such a course Just or necessary.

(d) Any person aggrieved by the order of the licensing authority may appeal to the Government who may make such order as it deemed fit.

Rule -[34]12-A. Application for the renewal of Licence.--

(a)      Every application for renewal of a licence shall be made ninety days before the expiry of licence sought to be renewed and it shall be made in Form A-11 in triplicate accompanied by the treasury receipt for the payment of fees prescribed in Rule 16, certified or Xerox copies of the certificate of longevity of the building Issued by the Executive Engineer (R & B) and the certificate of validity of the Electrical and Fire certificate In Form-D issued by Electrical Inspector:

Provided that If any licence is co-terminus with period of validity of the electrical and fire certificate In Form-D the application for its renewal shall also be accompanied by the treasury challan with a certified or Xerox copy thereof for payment of fees prescribed In Rule 16 for the renewal of the said certificate.

[35][Provided further that where applications are not made before ninety days provided In sub-rule (a) a late fee of Rs. 20/- (Rupees twenty only) for each day of delay shall be paid and the challan enclosed to the renewal application.

(b)      a letter of consent In writing of the original licensee whenever there is a transfer of possession site, building and equipment to the effect that he has no objection to the licence being transferred In the name of the transferee. An affidavit may be obtained in the ease of transfer of title.

Rule - 12-B. Renewal of Licences to cinema buildings.--

(1)     Within fifteen days of receipt of such application, the licensing authority shall:

(a)      If the application is not in accordance with the rules, dispose it of in accordance with clause (a) of sub-rule (1) of Rule 9 (B).

(b)      If the application Is In order, the electrical and fire certificate Is valid and If the certificate of longevity of the building Initially Issued by the concerned Executive Engineer (R&B) Is valid for the period for which the renewal of licence Is applied for; the licence may be renewed for the period applied for:

Provided further that, In case of an application for renewal of a licence (in respect of a permanent cinema building), which is made three months In advance of the expiry of the licence. if the authorities concerned do not furnish their reports and certificates in time, the respective certificates shall be deemed to have been renewed.

Provided that If the licensing authority is satisfied that the provisions of these rules have not been fulfilled he may refuse to grant the renewal applied for and communicate to the applicant the reasons for such refusal.

Provided further that the period of validity of a licence shall co-relate with the period of validity of electrical and fire certificate granted in accordance with the provisions In Appendix-VI.

Provided also that In respect of a permanent cinema building, if the licensing authority does not either renew or refuse to renew or return for reasons to be recorded in writing before the date of the expiry of the licence, he shall grant a temporary permit In Form 'C provided that the Electrical Inspector's Certificate continues to remain valid or has been deemed to have been renewed under the first proviso to sub-rule (1) or the licensed contractor's certificate furnished by the applicant is accepted, and that the fees prescribed under Rule 16 has been paid and the application have has been made three months before the expiry of the Electrical Inspector's Certificate.

(2)     Certificates for renewals are dispensed with?

If Electrical and Fire certificate is required It will be obtained by the licensing Authority within the period prescribed by him. The required fee for such certificate shall be collected from the licence by the licensing authority.

The Inspecting Officers shall report to the Licensing Authority for imposition of penalty or revocation or suspension of licence if any defect noticed during Inspection Is source of danger to the public or to the building.

Rule - 13. Licence and temporary permit and their periods.--

(1)     Licences granted under the Act shall be either for [36][five] years, or for one year or temporary.

(2)     Temporary licences may be granted for a period not exceeding six months at a time:

(3)     (a) [37]["A licence for five years or for a lesser period applied for shall be granted only In respect of permanent cinema building, provided that in case the licence valid for a period less than five years Is granted, the licensing authority shall collect only the proportionate licence fee".

(b) Temporary licences may also be granted In respect of permanent cinema buildings If they are required only for occasional use for cinematograph shows or exhibitions.

(4)     A licence for one year or a temporary licence may be granted In respect of [38][Bamboo tatty or] walled enclosures which have no roof or superstructure.

(5)     Temporary licences may only he granted in respect of temporary cinema buildings.

(6)     Any licence granted may from time to time, be renewed at the discretion of the licensing authority:?

(a)      in the case of a licence for 4[five] years, for further periods of [39][five] years at a time ; and

(b)      In the case of an annual licence for further period of one year at a time; and

(c)      In the case of a temporary licence, for such further periods as the licensing authority may think fit but not exceeding at a time the period specified in sub-rule (7), as the case may be.

(7)     [40][a renewed licence shall be deemed to be a continuation of the original licence.

(8)     [41](a) [........]

(b) In the case no such permit or order of refusal Is received before the date of the expiry of the licenses shall be deemed to be a valid holder of licence.

(c) Such temporary permit shall be subject to the conditions of the license 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 periods 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.

(d) The temporary permit shall, during the period of its validity, be deemed to be a licence for the purpose of these rules.

(9)     No semi-permanent cinema building shall be licensed to exhibit shows In any town or village specified in clause (b) of sub-rule (1) of Rule 7 for a period exceeding five years from the date of grant of the first licence;

[42][Provided that at the expiry of the said period of five years the building shall be converted into a permanent cinema building conforming to the rules and If it is not converted Into permanent cinema building It shall be continued as temporary cinema building."]

(10)   No temporary cinema building, constructed of non-inflammable materials shall be licensed to exhibit shows in any place for a period exceeding two years:

Provided that the said period of two years may, on application by the previous licensee, be further extended [43][ x x x x x ] up to another two years and in like manner, as often as may be, if the licensing authority is satisfied that the site the building continue to the conform to the relevant rules.

(11)   No temporary cinema building constructed of inflammable material shall be licensed or exhibit shows in any place for a period exceeding one year:

Provided that the said period of one year may an application by the previous licensee be further extended upto another one year without the need for any gap if the licensing authority is satisfied that the site and the building continues to conform to the relevant rules:

Provided further that the said period of two years may on application by the previous licensee be further extended [44][ x x x x x ] upto another one year and in like manner, as often as may be, if the licensing authority is satisfied that the site and the building continues to conform to the relevant rules.

(12)   [45][---------------]

Rule - 14. Certificates.--

(1)     (a) The Electrical Inspector or the officer deputed by him shall issue an electrical and fire certificate in Form-D to the effect that the enclosure the cinematograph apparatus and plant, the electrical installation and fire extinguishing appliances and equipment are suitable and in order and fulfill the requirements of these rules; and that the provisions of these relating to precautions against the outbreak and spread of fire have been complied with, [46][and also a certificate as to the life of the electrical equipment and fitting used thereat].

[47](b) [***]

(c) The Chief Executive Officer of the local authority which employs a Health Officer or the District Health Officer where the local authority has no such Officer under Its employ, shall issue a Health certificate to the effect that the provisions relating to public health, sanitation and the like have been satisfied.

(2)     [48][The certificates referred to in clauses (a) and (c) of sub-rule (1) shall be valid for period of five years In the case of permanent cinema buildings and for three years In the case of temporary cinema buildings or for such shorter periods as may be applied for].

[49][------------------]

Provided further that, in the case of temporary cinema buildings the electrical certificate shall cease to be valid when the cinematograph apparatus and plant are shifted to a different theatre or hall.

(3)     [50][x x x x x]

Rule - 15. Date and month of expiry of electrical and fire certificates.--

The electrical certificate and fire certificates shall be issued so as to take effect from the first day of month specified for each district In Appendix V:

Provided that where any such certificate Is issued to take effect from any other date the period of its validity shall be restricted so as to fall in line with the programmed prescribed in the aforesaid Appendix V.

CHAPTER ? IV FEES PAYABLE FOR INSPECTION, CERTIFICATE, LICENCE AND APPEAL UNDER THE ACT

Rule - 16. Fee payable for Inspections, certificates. Licences and appeal under the Act.--

(1)     [51]Fees for the general approval of plans and designs by the Executive Engineer (Roads and Buildings) In respect of the permanent cinema buildings shall be rupees five hundred In the case of new construction In the ground floor, rupees seven hundred & fifty In case of new construction in the first floor and rupees two hundred and fifty In the case of additions or alterations.

Note:?The fees shall be remitted into a Government Treasury to the credit of the Government to the head of account "MH. 50 P.W. (C) Establishment (E) Executive Engineers-deductions (TV), Charges recoverable from Government Departments etc., (Establishments)"].

[52][(1-a) Fees for the Original approval or the plans and designs by the Executive Engineer (Roads and Buildings) in respect of semi-permanent and temporary cinema buildings shall be rupees three hundred and seventy five and Rupees two hundred and fifty respectively".

(2)     [53][(A) The fees payable per annum in respect of permanent cinemas and temporary cinemas constructed with non-inflammable material for grant of an electrical and fire certificates in Form-D shall be as follows;

(a)

For Installations comprising of any or all for ordinary projectors including slide projectors (total not more than 3 in number) rectifiers or converters step down transformers, amplifiers, motor engines, fire extinguishers and electrical wiring installations in the premises.

Rs. 150

(b)

(i) for air-cooling equipment upto and including 45 H.P. installed capacity motors.

Rs. 25

 

(ii) for air cooling equipment comprising of motors of installed capacity above 45 H.P.

Rs. 40

(c)

For air-conditioning plant complete i.e. water pump motors, blowers or weather maker motors and compressor motors etc.

Rs. 65

(d)

Arrangement for projecting 35 mm or 70 mm films or both:

For each projector over and above three projectors (Two normal projectors plus one slide projector):

Rs. 20

(e)

For each life or Escalator:

Rs. 20

(f)

For neon sign and other luminous tube sign installations:

 

 

(i) For the First 300 VA

Rs. 20

 

(ii) For every 100 VA or part thereof in excess of 300 VA subject to a maximum fee of Rs. 50.

Rs. 5

(g)

For generators

 

 

(i) Upto and Including 4 K.W.

Rs. 10

 

(ii) Above 4 and including 19 K.W.

Rs. 15

 

(iii) Above 19 and including 49 K.W.

Rs. 25

 

(iv) Above 49 and including 99 K.W.

Rs. 35

 

(v) Above 99 and including 499 K.W.

Rs. 45 plus Rs. 20 for 50 K.W. or part thereof in excess of 100 KW

(B)

The fees payable per annum in respect to temporary cinemas constructed with inflammable materials for grant of an electrical and fire certificate in Form D shall be as follows:?

 

(a)

For installations comprising of any or all for ordinary projectors including slide projector total not more than 3 in number rectifiers of converters, step down transformers, amplifiers, motors, engines, fire extinguishers and electrical wiring installation in the premises.

Rs. 75

(b)

Generator: (i) Upto and including 4 K.W.

Rs. 10

 

(ii) Above 4 and Including 19 K.W.

Rs. 15

 

(iii) Above 19 and Including 49 K.W.

Rs. 25

 

(iv) Above 49 and Including 99 K.W.

Rs. 35

 

(v) Above 99 and including 499 K.W. Rs. 45 plus. Rs. 20 for every 50 K.W. or part thereof In excess of 100 K.W.

Rs. 45

(c)

Neon and luminous tubes signs:? (1) For the First 300 VA

Rs. 20

 

(11) For every 100 VA subject to a maximum fee of Rs. 50

Rs. 5

(C)

Other Miscellaneous fees payable:

 

(a)

Check Inspection fees

 

 

(1) in respect of permanent cinemas and temporary cinemas constructed with non-inflammable materials.

Rs. 100

 

(11) In respect of temporary cinemas constructed with Inflammable materials.

Rs. 60

(b)

Fees for making any additions or alterations:

 

 

(1) In respect of permanent cinemas and temporary cinemas constructed with non-inflammable materials.

Rs. 100

 

(ii) in respect of temporary cinemas constructed with inflammable materials.

Rs. 60

Note (1):?(1)[54] [...................]

Note (2):? In case electrical and fire certificates In Form 'D' being granted for a period exceeding one year proportionate fees shall be collected in advance.

Note (3):? The fees payable for renewal of Electrical and Fire certificate in Form 'D' shall be the same as for the grant of fresh Electrical and Fire certificate".

(3)     [55][.......]

(4)     [56]The Electrical Inspector or a person authorised by him may conduct a check Inspection to ensure rectification of defects pointed out during periodical Inspections, by the licensee and for the check inspection the fees as prescribed in sub-rule (2) of Rule 16 shall be payable, such check Inspection fee shall also be payable by him in respect of check Inspections made for any other reason. Provided that the licensee shall be Informed in writing about the intention of conducting such a check. Inspection in advance].

(5)     Fees for the grant of a duplicate of the electrical and fire certificate in Form-D shall be Rs. 3, payable In advance.

Note (1):? The Application with the original treasury challan shall be furnished to the Electrical Inspector through the licensing authority.

Note (2):?The fees under sub-rules (2), (3), (4) and (5) shall be paid Into a Government Treasury to the credit of the Government to the head of account, 'Andhra Pradesh State-XIII. Other Taxes and Duties-B Receipts from Electricity Duties-A. Fees under the Indian Electricity Rules, 1956 and fees for the electrical Inspection of cinemas".

(6)     Fees for the grant or renewal of a licence shall be-

(a)      for a year In respect of a licence granted to a permanent cinema building?

(i)       Rs. 65 upto 200 seats;

 

(ii)      Rs. 90 for 201 to 500 seats;

 

(iii)     Rs. 115 for 501 to 900 seats;

 

(iv)    Rs. 140 for 901 to 1,500 seats; 1

 

(v)      [57]Rs. 200 for over 1,500 seats;

 

(b)      For a period of not less than six months In respect of a temporary licence granted to a permanent cinema building-

(i)       Rs. 40 upto 200 seats;

 

(ii)      Rs. 50 for 201 to 500 seats;

 

(iii)     Rs. 65 for 501 to 900 seats;

 

(iv)    Rs. 75 for 901 to 1,500 seats; 1

 

(v)      [58]Rs. 125 for over, 1,500 seats.

[59](bb) (1) for a period not exceeding one year in respect of drive-in-cinema".

(i)       Rs. 1,000 upto 100 cars.

 

(ii)      Rs. 1,500 upto 250 cars.

 

(iii)     Rs. 2,000 more than 250 cars.

(2) for period not exceeding six months In respect of drive-cinema.

(i)       Rs. 500 upto 100 cars.

 

(ii)      Rs. 700 upto 250 cars.

 

(iii)     Rs. 1000 more than 250 cars.

(3) for a period not exceeding three months In respect of "drive-in-cinema".

(i)       Rs. 250 upto 100 cars.

 

(ii)      Rs. 350 upto 250 cars.

 

(iii)     Rs. 500 more than 250 cars.

(c)      fees for grant of No. "Objection Certificate" shall be Rs. 100".

 

(d)      for a month or portion thereof for a temporary licence In respect of a temporary cinema building. Rs. 7 for an area of 95 square metres or less and Rs. 3 for every 45 square metres or fraction thereof, In excess of 95 square metres:

 

(e)      for temporary licence In respect of an enclosure without any roof or superstructure thereon?

(i)       for year Rs. 3 and for a month or portion thereof Rs. 1.50 p. or at half the rate Is used solely by day without lights In the auditorium for an area of 200 square metres or less: and

 

(ii)      for a year Rs. 1.50 p. and for a month or portion thereof Rs. 0.75 p. or at half the rate If used soley by day without lights In the auditorium, for every 100 square metres or fraction thereof In excess of 200 square metres.

Explanation:? For the purpose of this rule, area shall mean the area of the main structure and other structures, excluding the entrances, passages, staircase and all spaces or such portions of the building to which the public are not admitted:

(f)       [60]fees for transfer of assignment of licence shall be Rs. 100/- '

Note:?The fees shall be paid into a Government Treasury or in any branch of the State Bank of India doing treasury business, to the credit of the Government to the head of the account, "065 other Administrative Services-C-other Services MH 55 Receipts S.B. (11) Other items"?

(g)      fees for the grant of a duplicate of a licence shall be rupees five:

Note:? The fees under [61][Cls. (a), (b), (c), (d), (f) & (g) of sub-rule (6) shall be paid into a Government Treasury to the credit of the Government to the head of account "Licence fees under the Andhra Pradesh Cinemas (Regulations) Rules 1970" under M.H. "L. II-Miscellaneous-1 Miscellaneous".

(7)     (a) Not with standing any thing contained in clauses (c) and (d) of sub-rule (6), where a temporary licence is granted or renewed under sub-rule (2) of Rule 13 on payment of the prescribed fee, no further fee shall be charged in respect of subsequent renewals for keeping the licence in force for a period of one month from the date on which the grant or renewal took effect.

(b) No fees shall be chargeable for any licence granted in respect of any enclosure or building which is to be used exclusively for one or more of the following classes of cinematograph shows, namely:?

(i)       entertainments, the proceeds of which are devoted to philanthropic, religious or charitable purposes;

 

(ii)      entertainments which are of a wholly educational character;

 

(iii)     entertainments which are provided for purposes which are partly educational, cultural or scientific by institutions not conducted or established for profit;

 

(iv)    entertainments which are provided by Institutions not conducted for profit and established solely for the purpose of promoting the public health or the Interest of agriculture or of a manufacturing Industry and consist solely of exhibitions of articles which or of a material interest for the promotion of the above object or of the materials, machinery, appliances or food stuffs used in the production of these products relevant to them; and

 

(v)      any other class of entertainments which the Government may specify by general or special order.

(c) No fees shall be levied for the grant or renewal of a temporary permit

(8)     Fees for an appeal to Government filed under the Act shall be Rs. [62][100J. Note:? The fees shall be paid into a Government Treasury or in any branch of the State Bank of India doing treasury business, to the credit of the Government to the head of account, "II-Miscellaneous ? I-Miscellaneous".

(9)     Where an application for the grant or renewal of a licence Is refused by the licensing authority or where an application for the grant or renewal of a licence or permission Is withdrawn, a refund of one-half of the fees paid by the applicant for the purpose shall be made provided that applicant has made an application for such refund within one month from the date of receipt of the orders of rejection or has made an application for withdrawals and refund before final orders are passed on the application so withdrawn, as the case may be.

 

(10)   The fees for licences collected under the rules shall be apportioned between the State Government and the local authority concerned in the ratio of 1 : 1 in the case of permanent cinemas and 1 : 3 in the case of temporary cinemas.

Note:?The assignments under sub-rule (10) shall be debited to the head of account 'Assignment of licence fees to the local authority under the Andhra Pradesh Cinemas (Regulation) Rules 1970' under the M.H. 76 Miscellaneous Compensations and Assignments 6' other miscellaneous and compensations etc., Miscellaneous'. 

CHAPTER ? V POWERS AND FUNCTIONS OF THE LICENSING AUTHORITY AND THE INSPECTING OFFICERS

Rule - 17. Powers and functions of the licensing authority and the inspecting officers.--

(1)     The officers mentioned in clause (1) of sub-rule (1) of Rule 2 shall examine the applications referred to them under chapters II and III and make necessary inspection and send their reports as to the desirability of granting the permission or licence, or renewal of licence, applied for;

(2)     [63]The Electrical Inspector or any officer, deputed by him shall-

(a)      Inspect the enclosure, cinematograph apparatus and plant, the electrical installation and fire extinguishing appliance and equipment when erected,

(b)      once a validity certificate is issued for electricity and fire, within the validity period inspection at random may be made but not annually. If any defects are noticed during the Inspection, a notice may be issued to the licence for rectification of those defects.

In case of failure to rectify any defects which are considered to be a source of danger to the public and property, he may report to the Licensing Authority to cancel the licence or to impose the penalty.

(c)      inspection is not a condition precedent for renewal of licence".

(3)     the Executive Engineer (Roads and Buildings) In respect of a permanent cinema building shall?

(a)      accord general approval of the design and the like by ensuring that all the rules have been complied with.

Explanation:? This general approval of the design which will be limited to get at the correct appreciation of thing, shall not absolve the owner of the structure of his obligation to get the work executed to proper standards.

(b)      [64][Inspect the newly constructed cinema buildings additions or alterations when completed and check up before countersigning the certificates mentioned in sub-clause (1) of Clause (b) of sub-rule (3) of Rule 9-B whether the construction work has been executed to proper standards and In accordance with these rules and whether the building is structurally sound".

(c)      have the right while making an Inspection of a cinema building in connection with the grant of a building certificate, to probe any I portion of the structure and to call upon the applicant to furnish such details regarding the quality, quantity and proportion of the materials used in the construction of the building as may be necessary:

(d)      Issue appropriate orders to the owner/licence if necessary to do so, if any deviation or defect is noticed during any inspection of cinema building and report the matter to the licensing authority with such recommendations as may be deem fit).

(e)      report at once to the licensing authority, with full details, for such action as may be considered necessary, if any defect is notified during inspection of a cinema building caused due to structural Instability, such as the walls being out of plumb or cracked and the like, and If it requires urgent repairs and the closing down of the cinema In the interest of the public safety till such repairs are carried out

(4)     (a) the licensing authority or an officer deputed by him shall Inspect every cinema building, enclosure, cinematograph apparatus and plant; electrical Installation and fire extinguishing appliance and equipment when first created and thereafter at least once in every year In order to ensure that they are maintained and are functioning in accordance with these rules.

(b) the licensing authority shall be order direct the licensee-

(i)       [65][to close down the cinema building till the repairs to the buildings are carried out to the satisfaction of the executive Engineer {Roads and Buildings) in any case reported by him under clause (e) of sub-rule (3) In respect of a permanent cinema building or of any other authority in any case reported by such authority in respect of temporary cinema building as the case may be):

(ii)      to close down the cinema building or any licensed enclosed space till such period as may be specified in the order in case of any ou break of an epidemic or contagious disease In the locality where without such closure the epidemic or contagious disease is likely to spread.

(iii)     [66][to rectify the defects reported by the Executive Engineer (Roads and Buildings) under clause (d) of sub-rule (3) or by any other authority, In accordance with the approved specifications or as may be directed by the Executive Engineer/such other authority within a reasonable time, making It clear In such an order that non-compliance will entail revocation of the permission or licence previously granted].

[67][(c) The licensing authority may for valid reasons, grant further extension in the period fixed under this rule for the completion of construction of the building".

(5)     The inspecting officers shall Issue such written orders or prescribe such safety measures, In addition to the conditions of Form-B, as may be necessary for the safety or convenience of the public or for the preservation of order and public peace and require compliance of such orders on pain of suspension or cancellation of licence by the licensing authority and where such an order has been passed the matter shall also be reported to the licensing authority with such recommendation as may be deemed fit.

(6)     Any Inspecting officer may at any time enter any cinema building for the purpose of satisfying himself that the provisions of the Act and these Rules have been compiled with by the licensee and In case any defect or breach thereof Is notified during such Inspection he shall Immediately report the same to the licensing authority and make such recommendation as he may deem fit In regard to the action to be taken against the licensee:

Provided that such entry and inspection shall be without Inconvenience to the running of the shows.

(7)     [68][.........]

CHAPTER ? VI Appeals

Rule - 18. Appeals.--

(1)     Any appeal to the Govt under Section 7 or sub-section (4) of Section 10 or clause (d) of sub-rule (3) of Rule 12 shall be preferred within thirty days from the date of receipt of the order appealed against.

[69][Provided that an appeal may be admitted after the expiry of the thirty days, f the appellant satisfies the Government that he had sufficient cause for not preferring the appeal within the said thirty days.]

(2)     It shall be submitted In triplicate In the form of a memorandum setting forth concisely the grounds of objection to the order appealed against

(3)     It shall be accompanied be the original or the certified copy of the order appealed against.

(4)     It shall also be accompanied by a treasury receipt evidencing the payment of the fees prescribed under Rule 16.

(5)     It 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 acknowledgement due.

(6)     It shall be accompanied by the written authorisation of the agent to present the appeal unless the agent holds a power of attorney.

(7)     [70]An appeal preferred against the orders passed under sub-section (2-A) of Section 10 of the Andhra Pradesh Cinemas (Regulation) Act, 1955 shall be entertained only after the amount of penalty imposed is deposited under Sub-Head "Deposits under Andhra Pradesh Cinemas (Regulation) Act, 1955 and Andhra Pradesh Cinemas (Regulation) Rules, 1970 under Head "K. Deposits and Advances (b) Deposits not bearing interest-843. Civil Deposits-(k) Deposits under various Central and State Acts"].

APPENDIX -I

(See Rule 6)

Requirements as to Site, Specifications for Construction of a Cinema Building and other General Matters.

1.        Site, its soil, sub-soil, and level and round abutting it.--

(1)     The area of the site shall be sufficient to have a suitable cinema building constructed thereon, with such open space on Its sides and around it, at suitable points within the premises for parking of vehicles, for the construction of urinals, lavatories, and shelters for the purchasers of tickets, as per the specifications:

Provided that In case an already existing building Is to be used, exclusively for cinematograph exhibitions, It shall satisfy all the requirements of these rules.

(2)     The site shall have such soil and sub-soil, which would not be saturated with water or such level or location which would not admit of storm-water draining Into It-

Provided that where the site does not satisfy the above requirements, arrangements shall be made effectively prevent dampness rising in the floor or walls or storm-water flooding the site, and where the level of the site has to be raised, it shall be raised to an adequate height by depositing layers of sand and non-putrescible material.

(3)     The site shall not be within 15 meters of any tank, reservoir, watercourse, river, fresh water channel or well:

Provided that where the site does not satisfy the above requirements, such measures shall be taken as may be necessary or as the licensing authority may direct so as to prevent any contamination or any risk of the drainage of the proposed building passing Into the tank.

[71][Provided further that a well may be allowed to be within 15 meters of the site If it is properly covered].

(4)     The site shall about a public thoroughfare or an approach and providing access to the proposed cinema building, and the width of such road shall be such as may be required under the rules of the Municipal Corporation of Hyderabad in so far as the twin cities of Hyderabad and Secunderabad are concerned or the rules of a local authority or of the Town Planning Department in other areas.

Provided that the width such road shall not be less than 6.5 meters in areas which are not regulated by the rules of any local authority.

2.        Foundations and levels of ground and first floor of building.--

(1)     Foundations shall be taken to such a depth or shall be constructed as to?

(a)      render the building Immune from damage from any settlement or movements due to seasonal variations in the content of moisture in the ground inequalities of soil resistance, lateral escape of soft soil, sliding of the substratum on sloping ground, distributed or concentrated lateral pressure or other cause: and

(b)      sustain the combined load of the building and of the super-imposed load and transmit the same to the sub-soil in such manner as to not

Impair the stability or the building or any part thereof by the settlement caused by the pressure of such loads.

(2)     A damp-proof course shall be provided in the basement of the building, not higher than the level of the lowest floor, and the flooring shall be done with damp-proof material as approved by the Executive Engineer (Roads and Buildings) so as to prevent dampness rising In the floor and walls of the building In cases where arrangements under the proviso to subparagraph (2) of paragraph 1 are made.

 

(3)     The flooring of every part of the building be paved or otherwise made impervious and damp-free.

 

(4)     The ground floor or the lowest floor of the building shall be at such level as to allow effectual drainage of that floor and shall ordinarily be not less than 45 kms. above the ground or site level.

3.        Open spaces, road frontage and entrance and exit for building.--

(1)     The building shall be provided with:-

(a)      an open space of not less than ten meters In width [72][......] in the front between the main building and the road to which the site of the building abuts.

Provided that the licensing authority may, in consultation with the Executive Engineer (Roads and Buildings) and the Town Planning authorities, require a road frontage of greater width where the site does not abut any main road but is connected to it by an approach road.

(b)      an open space of not less than 6 meters in width or of such greater width as may be required by the licensing authority on any two sides of the building, excluding road frontage;

(c)      [73]["an open space for parking of motor cars at the rate of one car for every 50 seats in the first two classes and an open space for parking of cycles at the rate of on cycle for every 25 seats and for parking of scooters at the rate of one scooter for every 50 seats in the remaining classes.

(d)      [74][suitable means of entrance and exit which shall not be less than 3 meters In width and 2.4 meters in height for use of the public in the road frontage.

(2)     All open spaces in the licensed premises shall be properly paved or graveled.

4.        Eaves of building.--

The eaves of building shall have a height of not less than 3 meters.

5.        Booking windows, hand-railings and shelters.--

(1)     The building shall have booking windows for various classes fixed In suitable positions from where the public can conveniently form queues within the premises for the purchase of tickets without causing any obstruction to the traffic on the public road.

(2)     The booking windows of [two] lower classes shall have suitable hand-railings. 1.22 meters high, of galvanized iron pipes, In tubular or other suitable posts with centers distance of 23 cum. to 71 cum., fixed on two sides of the queues In suitable positions making a passage of not less than 61 kms. wide.

(3)     Shelters made with asbestos cement sheets over steel or pre-cast reinforced concrete members or similar to sun shades projecting from adjacent walls, as may be convenient or suitable, shall be provided over the queues for full protection to the public against sun and rain and shall be so arranged as not to affect light and ventilation.

(4)     The hand-railings and shelters shall be of such length as to accommodate at least as many persons as may be equal to 5[one-fourth] of the number of seats prescribed In Form-B or the respective classes In the auditorium;

Provided that, In the case of the existing, cinema buildings the licensing authority shall not require compliance of sub-paragraphs (1) to (4) unless he is satisfied, in consultation with the Executive Engineer (Roads and Buildings), that sufficient open space is available within the cinema premises for the purpose of those sub-paragraphs and no huge expenditure need be incurred on consequential changes, If any, required.

6.        Windows, extractors and exhaust fans.--

(1)     Subject to sub-paragraphs (2) and (3) of this paragraph, every part of the building to which the public have access shall have suitable windows, the aggregate area of which shall be at least one-tenth or the floor area of the building so as to get sufficient supply of fresh air;

Provided that the number, dimensions and location of all the windows shall as may be required by the licensing authority.

(2)     The licensing authority, may, in consultation with the Health Officer, either require extracts, or exhaust fans or other means of artificial ventilation to be provided In addition to or in lieu of all or any of the windows under sub-paragraph (1).

(3)     The licensing authority may require that the auditorium shall be provided with exhaust fans at the rate of one exhaust fans for every five hundred persons or part their of subject to a minimum of two.

(4)     There shall be openings of 0.093 square meters for every ten persons for ventilation purposes to ensure a balanced air supply.

7.        Doors.--

(1)     (a) The Exist doorways In the auditorium shall be of adequate number, each bearing a clear Indication of its being an exit doorway, so as to satisfy the requirements specified In sub-clauses (i) and (ii), and shall be so placed as to allow a passage of 0.9 centimeters In width for every ten rows of seating accommodation and so maintained as to readily afford the audience ample means of safe regress:

(i)       there shall be at least 1.5 liner meters of exit way for every 50 square meters of sitting space;

 

(ii)      there shall be at least on exit doorway for every 250 seats or part thereof subject to a minimum of two doorways.

(b) A common place of egress may serve as the exit for the floor and the first tier of auditorium provided the capacity of such place of egress Is equal to the aggregate capacity prescribed by these rules for the necessary outlets from such floor and tier.

(c) If the floor or any tier of the auditorium Is divided Into two or more parts, separate exits as prescribed In the rules shall be provided for each part

(d) The size of the entrance and exit doorways of the auditorium shall not be less than 2.20 meters x 1.5 meters the width being measured between the leaves of door In the open position.

(e) The size of the other doorways in the building shall be of suitable sizes and in any case not less than 0.70 meters In clear width In between the leaves of the door.

(f) All outside doors for the use of the public shall be fitted to open towards and all internal doors shall be so fitted as not to obstruct, when open, any gangway, passage, stairway or landing.

(g) When doors open, on to any gangway, passage, stairway or landing they shall be fitted to open in the direction public move to the exit.

(h) No door shall open out directly on to a flight of steps and there shall be landing of at least 1.50 metres flush with the floor.

(2)     (a) The words "No Exit" shall be painted over all doors or openings which are in slight of the audience but which cannot be used as exits.

(b) The words "Exit" shall be painted over at exit doors.

(c) The words 'No Exit' and 'Exit' and its equivalent In the language of the district shall be painted In letters of 175 mm high and 25 mm. thick.

(d) A notice shall be clearly painted on the exit doors indicating the method of opening.

8.        Corridors, gangway, passage and places of egress and exit.

(1)     No passage, gangway or corridor shall be used as clock room and no pegs for hanging cloaks and the like 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 recess or projections in the wall of passages, gangways or corridors within 1.8 meters of the ground and the lights shall be fixed not less than 2 meters above the ground.

 

(3)     No corridors leading to any stair, communicating with any exit shall be less than 1.8 meters in width in any part thereof.

9.        Tier or balcony.

(1)     Where a tier or balcony extends over the pit or stalls, vertical height between the floor of the pit or stall and the ceiling of the tier or balcony shall in no place be less than 3 meters.

(2)     The vertical height between any tire and tier or ceiling above it shall not be less than 24 meters.

(3)     Where there Is no balcony or tier, the vertical height between the floor of the gallery and the ceiling over the same shall In no place be less than 3.65 meters:

Provided that, where air-conditioning of air-cooling Is contemplated the height shall be not less than 2.9 meters.

10.    Stair cases and steps.

(1)     Wherever possible, gradients or Inclined plans shall be used Instead of steps, but no gradient or Inclined plane shall be steeper than 1 to 10;

(2)     (a) All stair case shall be constructed entirely of stone, cement or concrete with fire resisting roof and ceiling.

(b) There shall be solid square (as distinguished from spandrel) steps and landings of approved stone or such fire resisting material and construction as may be approved by the licensing authority.

(c) No stair case shall have more than tow flights of steps without a turn and the width of the landing between such flights shall be at least the same as the width of the stair case and each flights of steps shall be properly supported and enclosed to the satisfaction of the licensing authority.

(d) Stairs turning at an angle shall have a proper landing without winders being Introduced at the turn.

(e) The stair case leading to the first or lower gallery or tier shall be left open one side in which case the open side shall be provided with extra stout hand rails and balusters, but in no case shall the stair cases be left open on both sides without hand rails and balusters.

(f) All enclosed stair case shall have no both sides strong hand rails firmly secured to the wall by strong metal brackets about 8 kms clear there from and about 0.9 meters about the stair, but such hand rails shall not run on level platforms and landings where the length of such platform or landings exceeds the width of the stairs.

Where the flight of steps returns upon Itself the newel walls shall be chased so as to allow the hand rails to turn without projecting over the landing.

(h) The treads shall be not less than 300 kms. wide and risers not more than 1.5 kms. high, each lapping at least 3 kms. over the back edge of the step below it, in flights of not more than 15 or less than 3 steps.

(i) The treads and risers of steps on each flight shall be of uniform width and height

(j) The floors of all landing shall not be less than 15 kms. thick.

(k) There shall be at least two stair cases each not less than 1.50 meters wide to provide access to any gallery or upper floor, and such stair cases shall be placed at the ends remote from one another.

(l) There shall be no recesses or projection in the walls of such staircases within 1.8 meters of the floor and any fitting for lighting shall be at least 2.00 meters above the steps or landing.

11.    Use of fire resisting materials for construction.

(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 constructed of fire resisting materials:

Provided that the above requirement shall not apply to existing cinema buildings:

Provided further that It shall be permissible to make doors of wood for cinema halls.

(2)     The following materials may be used for the ceiling, namely: "Accoustic Celotex, Asbestos Spray, Caneo, Celotex, Heraklith, Fibre Glass Crown, or any other similar material conforming to the B.S.S. 476; 1950 as has been approved by the Insurance Association of India, Bombay, Institute Building Board (Termitox) and 'LJusne Woxna' Insulwood Treetax and "Acosto sound Insulation Board Thermocousic Insulation Board and Jolly Insulex Insulating Board".

Provided that the existing cinema buildings having false ceiling with fire resisting material other than the materials mentioned above shall be permitted.

(3)     Any permanent building in respect of which permission was granted on or after the 29th September, 1966, shall be provided with ceiling constructed of material mentioned In sub-paragraph (2).

(4)     In air-conditioned theatres the insulation of ducts shall be with fire resistant material accepted by the Insurance Association of India as safe and fire resistant like fibers of glass:

12.    Guards for ceiling fans.

Guards shall be provided for ceiling fans with less than 2.10 metres clearance the height between the guards and the floor not being less than 2 meters.

13.    Spittoons.

Spittoons of such description and In such number shall be provided in such place as may be specified by the licensing authority.

14.    Cloakrooms.

Where cloak-rooms are provided they shall be so situated that the use of them shall not obstruct the free use of any exit

15.    Drainage and sanitary conveniences.

Suitable means of drainage to the building and sanitary conveniences of such description and design as may be specified by the licensing authority on the recommendation of or in consultation with, the Health 1Officer in the ratio of 60:40 for gents and ladies respectively) shall be provided according to the scale shown below:

[75][ W. Cs.

Urinals

One stall (seat)

for every 100 persons

Ladies Do.

(Separate)

One stall (seat)

for every 50 persons

Do.

16.    External walls.

The premises shall be enclosed with proper external or parting walls or brick of stone:

Provided that the above requirement shall not apply to buildings, other than permanent cinema buildings, In respect of which temporary licences are granted.

17.    Drinking water.

(1)     Where a continuous supply of piped water is available, such number of water taps shall be provided In such of the places as may be specified by the licensing authority on the recommendation of, or in consultation with the Health Officer.

(2)     Where a continuous supply of piped water is not available drinking water shall be provided In such places. In such manner and In such quantity as may be specified by the licensing authority on the recommendation of, or In consultation with, the Health Officer.

18.    Hydrants or storage tanks.

(1)     Wherever the cinematograph premises are situated beyond a radius of 200 meters of any public hydrant or other source of water supply either a hydrant of 6.35 kms. diameter shall be provided within or near the premises or a storage tank of 1,000 liters capacity shall be provided within or near the premises.

(2)     Notwithstanding the above provision the existing arrangements for storage of water In existing cinemas, which do not conform to the above requirements, shall be permitted to continue till the water supply in the manner specified above is made available by the local authority for fire fighting purposes, and the above provision may be relaxed in places where there is no adequate water supply facility.

19.    Seating arrangements.

(1)     The number of seats In any part of the auditorium shall not exceed the maximum number prescribed in the licence by the licensing authority for admission into that part of the auditorium.

 

(2)     The number of persons to be admitted into any part of the auditorium shall be determined by calculating at the rate of 25 persons per 9 square meters of floor area, In respect of such portions as are provided with chairs, having backs and arms, and at the rate of 30 persons per 9 square meters of floor area. In respect of other portions, after excluding the area of entrances, passages, gangways, stage, stair cases and all places to which the public are not admitted:

Provided that the rates for calculations specified above shall be applicable only to permanent cinema buildings and temporary cinema buildings constructed with non-inflammable materials..

(3)     The number prescribed for each part of the auditorium shall be clearly indicated in such part by means of a board or otherwise.

 

(4)     Chairs shall be battened together In complete lengths.

 

(5)     There shall be an intervening space of at least 0.35 meters between the back of one seat and the front of the seat immediately behind, measured between perpendiculars.

 

(6)     There shall be passage of 0.90 meters in width for every 10 rows of sea ting accommodation.

 

(7)     The gun ways shall be not less than 0.90 meters In width and shall be so arranged that no seat shall be more than 10 seats from a gunwak.

 

(8)     [76]["The distance between the screen and the first row of seats shall not be less than the width of the screen itself.

 

(9)     [77][---]

 

(10)   A strong barrier or other efficient partition shall be provided to enforce the provisions in sub-paragraph (8) and (9).

20.    Carpets, curtains, druggists and mats.

(1)     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 7.50 kms. above the level of the floor.

 

(2)     Druggists and carpets shall be securely fixed to the floor so that ends and edges do not turn up or ruck up.

 

(3)     Mats shall be let Into the floor In a recess not exceeding the size of the that and not deeper than the thickness of the mat

21.    Lightning conductor.

The building shall be provided with an efficient lightning conductor.

22.     

The provisions in paragraphs 3 (1), 4, 5,6(1), (2), 7(1) (a) (ii), (c) (d) (e) (f), (g), (h), 8 (3), 9,10, 15, 16, 19, (5), (7), (8), (9), (10) shall not apply to the existing cinema buildings.

[78][22-A, Prohibition of the use of licensed premises.--

No portion of the place licensed shall be occupied or used for parking the vehicles or as a hotel, boarding or lodging house, factory workshop or for storage or for residential purposes except as may be allowed by the licensing authority).

APPENDIX - II

(See Rule 6)

Requirements as to Cinematograph Apparatus and Enclosure

1.        Enclosure and rewinding room.--

(1)     The enclosure shall be outside the auditorium and shall be of substantial construction made of or lined internally with, fire resisting material and of dimensions sufficient to allow the operator to work freely.

(2)     If the enclosure is not outside the auditorium, the thickness of the wall between the enclosure and the auditorium shall be not less than 0.3 meters if made of brick of masonry and 0.229 meters If made of reinforced concrete.

(3)     If the rewinding room adjoins the enclosure, each shall have its Independent exit.

(4)     The door of the enclosure and of any rewinding room and all opening, bushes and joints shall be so constructed and maintained as to prevent as far as possible, the escape of any smoke into the auditorium.

Explanation:? 'Bush' means packing inserted In the holes through which he pipes and cables pass In order to render such holes reasonably smoke proof.

(5)     Exhaust fans and /or ventilators shall be provided for the enclosure and for any rewinding room but the ventilating ducts shall not communicate direct with the auditorium and the area of the ventilating ducts of the enclosure shall not be less than one per cent of Its floor area.

(6)     The openings In front of the enclosure shall not be larger than Is necessary for effective projection and for observation and each opening shall be provided with a plate glass screen not less than 4.8 mm, In the thickness fixed In position within smoke tight joint.

2.        Cinematograph apparatus fitted with metal film boxes.

(1)     The cinematograph apparatus shall be placed in an enclosure.

(2)     At least 0.61 meters clear space shall be left on the three sides of the projector and, where more than one projector Is Installed; the Intervening space between them shall not be less 0.61 meters:

Provided that In the case of slide projector Installed adjacent to the side wall, he minimum clearance of 0.61 meters from the side wall shall not apply.

(3)     Cinematograph projectors shall be fitted with two metal film boxes of substantial construction to and from which the films shall be made to close In such a manner and shall be fitted with film slot so constructed as to prevent the passage of film to the interior of the box.

3.        Arc-Head.

(1)     Arc-Head shall be placed on film 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)     [79][-------]

4.        film Boxes.--

(1)     Film shall be wound upon spools in such a manner that the wound films shall not at any time reach or project beyond the edges of the flanges of the spool.

(2)     [80][------------------]

(3)     [81]A rack shall be provided for storing the films.

APPENDIX - III

(See Rule 6)

Requirements as to electrical fittings and fire extinguishing appliances and/equipment

1.        Lighting.--

Except when a cinema building is used in day time and no artificial light Is required .suitable lighting (direct or Indirect) shall be provided in such building and in the open space attached thereto.

2.        Circuits.--

(1)     The electrical lighting to the premises shall have at least three separate and distinct main circuits as follows:

(a)      for the enclosure and thence through a dimming regulator In the central lighting of the auditorium provided that a dimmer Is not necessary in the case of cinema buildings having indirect illumination in the auditorium;

(b)      for approximately one half the auditorium, passage ways, stair ways, exits and parts of the building to the public ; and

(c)      for the remaining half of the auditorium, passage ways, stairways, exits and parts of the buildings open to the public;

(2)     Whenever the supply is of three phases, the three main circuits shall be taken from three phases with individual main controls on or near the main switch board, which shall be located outside the cabin, in such a position as to be easily accessible to the manager and the other staff on duty.

(3)     The control of the circuits in respect of two halves of the auditorium referred to in clauses (b) and (c) of sub-paragraph (1) of paragraph 2, shall be remote [82][and separate] from each other.

(4)     If single phase supply is taken for the three main circuits the supply shall be taken from the three different phases.

(5)     Supply to cinematograph apparatus and plants shall be taken as a separate circuit controlled by a suitable linked switch.

The main circuits shall be so sub-divided that the load on each sub-circuit does not exceed the load approved by the Electrical Inspector.

(6)     An efficient double poles witch or breaker shall be fitted within the enclosure to control each are lamp circuit:

3.        Cables.--

(1)     All the cables used shall be of the Indian standards Institute Grade, provided that the above specification shall not apply to the existing cinema buildings except when cables are to be replaced.

(2)     The sizes of all the cables shall be adequate to the load which they are meant to carry.

(3)     Within the enclosure the insulating material of all electric cables Including those leading to illuminating lamps shall be covered with fire resisting material.

(4)     Where the electric pressure exceeds 125 Volts, all cables shall be enclosed either in screwed metal conductors connected to the earth or in polythene pipes or the cables shall be P.V.C. armored.

(5)     Lead covered cables shall not be used unless enclosed in screwed metal conductor connected to the earth.

4.        Conductors, metal casing and earthling.--

(1)     All conductors shall be completed enclosed in mechanically strong metal easing or metallic covering which is electrically and mechanically continuous and adequately protected against mechanical Injury, provided

that the above specification shall not apply to existing Cinema buildings except when conductors are to be replaced.

(2)     [83][Metal Conductors and rigid non-metallic conducts and all other metal formers shall be properly connected to earth earthling being carried out as follows:

(a)      every conductor used an earthling lead shall be of high conductivity copper of or equivalent G.I. wire and shall be protected against mechanical injury and where necessary against corrosion, and its sectional area shall not be less than one-half that of the largest of the conductors to be protected:

Provided that no conductor larger than 64.5 mm. 2 sectional are shall be used:

Provided further that for the main connection of the installation to the earthling system, no conductor smaller than 3.1 mm. 2 sectional area shall be used:

Provided also that in the case of flexible cords of 3.1 mm. 2 sectional area and smaller, the sectional area or the earthling lead shall be equal to that of the live conductors.

(b)      If more than one plate or tabular earth be employed for one earthling system, they shall be efficiently and permanently connected together.

(c)      (i) Wherever an earthling lead is connected to a pipe conduct, cable sheath, Armour or other cylindrical earth a substantial metal clip shall be used and the contract surfaces shall be cleaned.

(ii) For armored cables such clips shall be so designed as to grip firmly the whole of the wires of the armoring without damage to the insulation.

(iii) For lead sheathed armored cables, the principal contract shall be with lead but the clip shall be so designed as to grip the armoring firmly without damage to the lead.

5.        Resistances.--

All resistances, with the exception of a resistance for regulating purposes, shall be placed outside the enclosure and, if reasonably practicable, outside the auditorium and if placed inside the auditorium such resistances shall be protected by an earthed wire guard or other efficient means of preventing accidental contact.

6.        Lighting arrangements.--

(1)     No lights shall be affixed to the side walls or posts or placed within 2 meters of the walls or root a cinema building or place.

(2)     No light shall be less than 2 meters above the ground.

(3)     Each exit notice shall be illuminated by a light

(4)     A sufficient number of oil or candle lights or emergency lighting equipment served by a D.C. battery shall be provided for use in case of failure of the electric lighting in the auditorium, gangways, passages and exits.

7.        Wiring diagram.--

A single line wiring diagram, drawn on the lines of the model wiring diagram in Appendix VII and indicating the positions of the various control switches with reference to the layout of the premises, the different main circuits and the controls (shown in different colours), shall be got approved by the Electrical Inspector and kept In a prominent place In the office of the Manager.

8.        Fire extinguishing appliances and equipment.--

(1)     (a) In the enclosure the following fire extinguishing appliances shall be provided:

(i)       a portable fire extinguisher of a pattern approved by the Electrical Inspector;

(ii)      a bucket filled with water:

(iii)     a bucket filled with dry sand; and

(iv)    a blanket of size 1.50 meters x 1.25 meters.

(b) In the premises other than the enclosure, the following fire extinguishing applicants shall be provided in an accessible place:

(i)       four portable fire extinguishers of a pattern approved by the Electrical Inspector.

(ii)      218 liters of water filled In buckets; and

(iii)     sufficient supply of water stored in a convenient place at the rate of 22.73 liters of water for every 9 square meters of floor area of the auditorium.

(c) In addition to the appliances in clauses (a) and (b) above, the following equipment shall also be provided and maintained:

(i)       If there is no gallery or first floor in the premises not less than 2 stirrup pumps and 4 buckets filled with water

(ii)      If there is a gallery or first floor In the premises not less than 3 stirrup pumps and 6 buckets filled with water ; and

(iii)     for every additional floor, other than those mentioned in sub clause (i) and (11) not less than 1 stirrup pump and 2 buckets filled with water.

(2)     All stirrup pumps shall not be less than 6 meters of those pipe of 1.27 kms. diameter fixed to each of them.

(3)     All buckets shall have round bottoms and handles and shall be of 9 Liters capacity each.

(4)     All buckets shall be painted red with the word 'FIRE' painted on them In large black letters [84][Either In English or Local Language].

(5)     The portable fire extinguishers shall be of 9 liters size and shall be Installed at an adequate height from the ground.

(6)     A portable fire extinguisher of the chemical combination pressure type shall be tested by hydraulic pressure every 27 months, by the Electrical Inspector or by an engineering firm or mill authorised in that behalf[85] (by the electrical Inspector or by an officer authorised by him competent to issue 'D' Form Certificate) to check whether it can withstand for one minute a pressure of 17.57 kg. /sq/cm. and certificate of such test which shall be valid for 27 months shall be submitted to the licensing authority.

(7)     It shall be necessary once in every three months to empty the container of each portable fire extinguisher, clean its nozzles and working parts, stir the liquid in it and top it up, immediately record on a slip of paper the date of having done so, and paste the same on the outside of such container.

(8)     It shall also be necessary once in every year to discharge each portable fire extinguisher, re-charge it and immediately record the date of such recharge, in durable paint, on Its external surface.

(9)     The fire extinguishing appliances and equipment shall be so disposed as to be readily available for use.

APPENDIX - IV

(See Proviso to Rule 6)

Requirements for semi-permanent/temporary cinema buildings and Special Cinematograph Exhibitions

1.        The requirements for semi-permanent cinema buildings shall be as specified below:?

(1)     The building shall be exempted from the provisions in paragraph 5(3), 5 (4) and 16 Appendix 1 for a period of five years from the date of grant of first licence so as to enable the licensee to company with the said provisions in a phased manner any time during or at the end of the said period, as may be convenient, and to take such other steps as may be necessary in order to convert into a permanent cinema building.

(2)     The front portion and a portion of the adjacent two side of the compound wall around the premises shall be of masonry construction of sufficient height and the remaining portion of the compound wall shall be of barbed wire fencing so as to prevent outside public from causing any inconvenience : to the persons within the premises or from peeping over the compound wall into the cinema premises when the show is on with the side cladding thrown open.

2.        The requirements for temporary cinema buildings constructed of non-inflammable materials shall be as specified below:

(1)     The building shall be provided on all its sides with an open space which in no part thereof shall be less than 18 meters in width:

Provided that the licensing authority may, on the recommendation of the Tahsildar, Revenue Divisional Officer, allow a space of not less than 9 meters in width:

(2)     the caves of the building shall have a height of not less than 2.5 meters.

(3)     every door way in the building shall be not less than 2.1 meters clear in height and 1.2 meters clear in width:

(4)     suitable means of ventilation for the building shall be provided and maintained to the satisfaction of the licensing authority.

(5)     except when the building is used in the day time and no artificial lighting is necessary, suitable lighting shall be provided in the building;

(6)     such sanitary conveniences of such design as may be specified by the licensing authority in consultation with, or on the recommendation of, the Health Officer shall be provided for the exclusive use of each sex according to the scale laid down in Paragraph 15 of Appendix) and the same shall be maintained in good order and sanitary condition;

(7)     sufficient wholesome drinking water for the use of persons employed in or frequenting in such building shall be stored for supply at such places and in such manner as may be specified by the licensing authority In consultation with the local authority and the Health Officer

Provided that Clauses (1), (2) and (3) shall not apply to the existing cinema buildings.

3.        The requirements for temporary cinema buildings constructed with inflammable materials shall be as specified below:

(1)     on each side of the building there shall be an aperture at least 2 meters and 5 meters wide which shall be closed by tattles fixed on split bamboo-frame and fastened by twine on the inside;

(2)     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 slight pressure from inside the building;

(3)     no external fencing shall be allowed within a distance of 3 meters from the building;

(4)     The requirements for special cinematograph exhibitions shall be as specified below;

(1)     in the case of cinematograph exhibitions given schools or halls for occasional public use, the following provisions shall apply, namely:

(a)      where it is not practicable to have a fire-proof enclosure, a clear space of 1.8 meters shall be railed off all round the cinematograph apparatus;

(b)      no drapery unprotected combustible material other than material from which the film is prepared, shall be within 1.8 meters of the apparatus;

(c)      the following fir extinguishing appliances shall be provided near the enclosure:

(i)       two portable fire extinguishers as provided in paragraph 8 of Appendix III;

(ii)      I blanket and

(iii)     3 buckets filled with water, with one large sponge in one of them.

(d)      two hurricane lanterns burning dim shall be placed near the enclosure;

(e)      the place or places where such open air shows are proposed to be held shall be intimated to the licensing authority 24 hours in advance;

(f)       there shall be a clear space of 27.5 meters between the cinematograph apparatus and the nearest building;

(g)      the films when not in use shall be kept in closed metal boxes;

(h)     no smoking shall be permitted near the place where films are kept

(2)     In the case of cinematograph exhibitions given in the open air or in pandas where the sides cannot be enclosed, clauses (a) and (b) of sub-paragraph (1) of this paragraph and sub-paragraph (3) of paragraph 3 shall apply.

4.        [86][The temporary cinema buildings which are equipped with fans and exhaust fans and having an auditorium suitably covered to cut off day light may use the building in the day time for exhibiting morning and matinee shows provided that they furnish a certificate from the health officer to the effect that the building is suitable to exhibit morning and matinee shows and that it would not endanger the safety and health of the audience to the licensing authority at the time of grant, renewal of the licence.

5.        [87]"The requirement for [88][cinematograph Exhibitions given in any public place] with an enclosed bulb projector with non-inflammable films not greater in width than 16 millimeters shall be as specified below:

In addition to the conditions of the licence for cinematograph exhibitions in Form 'B' free licences may be issued subject to the following conditions:

(i)       The equipment shall be initially inspected by the Electrical Inspector or Officer authorised by him who shall certify that the equipment conforms to these rules.

(ii)      A fee of rupees ten shall be paid into a Government Treasury to Head of account : 'Andhra Pradesh state Major Head: 043 - Taxes and Duties on Electricity Minor Head (15)... .Fees for Electrical Inspection of Cinemas"., and the original treasury challan shall be forwarded to the Electrical Inspector or any Officer specified by him for issue of the Certificate.

(iii)     One portable fire extinguisher as provided in paragraph (8) of Appendix III and one bucket of dry sand and one hurricane lantern burning dim shall be placed near the apparatus during the show time.

(iv)    A clear space of 1.8 meters shall be left round the apparatus and none except the cinemas employee shall be allowed to be within a radius of 1.8 meters of the apparatus. The frame of the projector shall be efficiently earthed".

APPENDIX - V

(See Rule 6)

Conditions regulating storage of not more than 91 kilograms of Cinematograph Film in any premises licensed under the Act

1.        (1) Film shall be stored either in a storage shed, constructed of a suitable non-inflammable material, with doors and ventilators opening outwards, or in a tent placed on private ground and separated by a distance of not less than 7.5 meters from any dwelling house or other building, highway, street or public place.

Provided that storage shed shall not form part of, or be attached to, any building in which any person resides or works or where persons assemble for any purpose unless it is separated there from by a substantial floor or partition;

Provided further that if the storage shed, is in any building, it shall not be situated under any stair case or under any other means of exit likely to be required to be used for escape in case of fire;

Provided also that no two sheds for the storage of film shall adjoin each other, or be in the same building.

(2) The doors and ventilators in the storage shed may be of wood.

(3) The storage shed shall be adequately ventilated near the ground level and also near or in the roof.

(4) All ventilators shall be fitted with metal grids or similar suitable protection on the outside face of the wall and layer of No. 16 mesh brass or other non-corroding metal wire gauze on the inside face of the wall.

(5) all operations connected with examination, repairing, cleaning, washing and-rewinding of films shall only be carried out in the examination room, which shall be separated from the storage shed by a partition and shall be constructed of suitable fire resisting materials only and well ventilated to the outside air.

(6) The storage shed or tent and the examination room shall not be used for any other purpose.

(7) (a) all lights in the storage shed and the examination room shall be at the ceiling and of the fixed type, fixed type fitted with substantial outer protecting, vapor proof globes and equipped with keyless sockets.

(b) all switches, fuses, plugs sockets, electric meters and distribution board shall be installed outside the storage shed and the examination room and all frames shall be effectively earthed.

(c) All electric wiring and equipment shall confirm to the Regulations for the electrical equipment of building framed by the institution of Electrical Engineers and the electric wiring shall be in gas-tight screwed conduits shall be electrically and mechanically continuous thought and effectively earthed outside the building.

(d) Portable electric lights on extension cords shall be used in the storage shed and the examination room.

2.        No alterations shall be carried out in the storage shed and the examination room without the previous sanction, in writing of the licensing authority and such alterations when sanctioned shall be shown on an amended plan to be attached to his license.

3.        (a) film shall be kept in a securely enclosed fire resisting receptacle.

(b) Not more than 2 rolls of film shall be opened for examination at any one time per examiner and not more than 10 rolls in all shall be under examination or repair at any one time.

(c) all film waster and scrap in the examination room shall be place immediately in a strong metal receptacle, fitted with a tight lid and marked "Film Waste" and kept under water until disposed of.

(d) The contents of the drums shall be disposed of at frequent intervals by burning under adequate precautions or in such other manner as may be prescribed by the licensing authority.

4.        Adequate precautions shall at all times be taken for the prevention of accidents by fire or explosion and no smoking, fire or articles escapable of causing fire to film shall be permitted at any time within the licensed premises.

5.        The furniture and the Articles shall be so arranged as to afford free access to person in the room in the event of fire.

6.        There shall be kept posted up in large characters in the room full instructions as to the action to be taken in case of fire and all directions as to the means of escape from the rooming the case of fire.

7.        Free access to the licensed premises shall be allowed at all reasonable time to any Magistrate or any police officer not below the rank of sub-Inspector deputed by the District Magistrate or the Superintendent of Police, or the Electrical Inspector, and every facility shall be afforded to such officer for the purpose of satisfying himself that the rules and conditions are duly observed.

8.        Any accident, fire or explosion occurring within the licensed premises which is attended with loss of human life or serious injury to person or property shall be reported immediately to the nearest Magistrate or to the officer-in-charge of nearest police station and the Medical Officer or an officer-in-charge of the nearest Fire Station, as the case may be.

9.        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 the licence shall executer the repairs within such period, not being less than one week from the date of receipt of notice as may be fixed int be notice.

10.    [89][The above provisions are not applicable to Safety films].

APPENDIX - VI

(See Rule 15 and Sub-Rule (7) of Rule 17)

Inspection Programme

1.        As far as practicable the inspection of all the cinemas in the district or districts specified in column (1) of the table below shall be completed in the particular month of each year indicated in column (2) thereof;

[90][THE TABLE]

Name of the District

Month in which inspection to be carried out

First day of the month from which licence/certificate is to be valid

(1)

(2)

(3)

Twin cities of Hyderabad & Secunderabad

Ocotober

January

Karimnagar

October

January

Nalgonda

October

January

Medak

October

January

West Godavari Dist

October

January

Krishna

 

October

January

 

 

Vizianagaram

October

January

Nellore

October

January

Kurnool

October

January

Ranga Reddy District

November

January

Srikakulam

November

January

Prakasam

November

January

Cuddapah

April

July

Nizamabad

April

July

Khammam

April

July

Mahaboob nagar

April

July

East Godavari Dist.

April

July

Guntur

April

July

Vishakhapatnam

April

July

Chittoor

April

July

Anantapur

April

July

Adilabad

May

July

Warangal

May

July

2.        All the cinemas (both permanent and temporary) in every district shall be inspected during the month indicated against it and a minimum period of 15 days shall be given for the proprietor or the licensee of the cinema for the rectification of the defects pointed out during such inspection [91][the electrical and fire certificates of all the cinemas in any particular district/twin cities shall be valid from the first date of the month indicated in column (3) of the table in Para I and shall be valid for the periods specified in sub-rule (2) of Rule 14"]

3.        Proportionate fees shall be collected in cases where it will be necessary to issue electrical and fire certificates for periods less than a year.

APPENDIX VII

(See Clause (b) of sub-rule (2) of Rule 8 and paragraph 7 of Appendix III)

[92][Note:-- There can be one or two source of supply to a cinema in case a cinema has got self-generating set with suitable double throw change over switches wherever required.]

 

[93][APPENDIX - VIII]

(See clause (d) of sub-rule (1) of Rule 2)

Instructions Regarding Registration and Apprenticeship and Examination for Cinema Operators in the State

1.        Authority to grant competency certificate.--

The Chief Electrical Inspector to Government shall be the authority to grant competence certificate to Cinema Operators.

2.        Committee to assist Chief Electrical Inspector to Government.--

The Chief Electrical Inspector to Government shall be assisted by a Committee of which he shall be the ex-officio Chairman and the Deputy Director of films Information and Public Relations Department, Hyderabad, (Ex-officio), the Electrical Inspector (East) Kurnool (Ex-officio) and a Sound Engineer (Non-official) shall be the members. The Electrical Inspector (West), Hyderabad shall be Secretary to the Committee.

[94][Provided that the Chief Electrical Inspector to Government shall nominate a sound Engineer (Non-Official) on the committee for a term of two years from the date of such nomination.

3.        The Quorum for the meetings of the Committee shall be three including the Chairman and the Secretary.

4.        Functions of the Committee.--

The Committee shall draw up and maintain an approved list of examiners, select the required number of examiners for each examination, conduct examinations, declare resist on the basis of marks secured by the candidates and consider all other matters connected with the examinations and of competency certificates:

Provided that the last date for receipt of applications from candidates the dates of examinations, the date by which results shall be announced and the date by which competency certificates shall be awarded to successful candidates, shall be so fixed as to ensure that the whole process is completed quickly and without avoidable delay:

Provided further that the Committee may, from time to time authorise, subject to such conditions and restrictions as it may impose the Chairman and or the Secretary to perform any of its functions.

5.        Duties of the Secretary.--

The duties of the Secretary shall be?

(i)       to scrutinise all application for registration of apprentice cinema operators and to take necessary action thereon;

 

(ii)      to scrutinise all applications for admission to and exemption from the examinations of cinema operators and to take necessary action thereon:

 

(iii)     to convene meetings of the Committee and to record the minutes of each meeting in a Minutes Book to be maintained by him;

 

(iv)    to make necessary arrangements for conducting the examinations for cinema operators;

 

(v)      to deal with applications in respect of any other matter arising under the rules;

 

(vi)    to prepare the registration certificates and competency certificates and to obtain signatures of the Chief Electrical Inspector to Government (Ex-Officio Chairman) thereon; and

 

(vii)   to investigate and examine any malpractice or breach of rules by the Cinema Operators and submit his remarks to the Chief Electrical Inspector to Government (Ex-Officio Chairman) for taking suitable action.

6.        Syllabus.--

The syllabus for the examination shall be as specified below-

(1)     A working knowledge of the Cinematograph apparatus.

(2)     [95][(Knowledge of operation of the C02 CTC or dry power type fire extinguishers and precautions against fired][96]

(3)     Knowledge of the elements of electric power direct and alternative current, voltage, amperage, etc.

(4)     Proficiency in the handling, winding, repairing and efficient cleaning of film.

(5)     Methods of treatment of persons suffering from electric shock, and

(6)     Knowledge of the provisions of Indian Electricity Rules 1956 (in so far as the same are applicable to Cinematograph Installations).

[97][6-A Registration of candidate.--

[98][........]

7.        Admission to examination.--

A candidate to be admitted to the examination must be one,-

(1)     [99]Who has passed S.S.C. or its equivalent examination, Scheduled Caste and Scheduled Tribes candidates who have failed in S.S.C. examination are also eligible provided they have studied S.S.C in a Government/ Government recognised school.

(2)     [100][--------------]

(3)     [101]"Who has put in one year of apprenticeship in a licensed Cinema Theatre after satisfying instruction 7 (1) and"

(4)     [102]"Who has completed the age of 18 year son 1st January or 1st July of the year for the examinations to be held in the first and the second half of the year respectively."

Provided that Ex-Army persons, who served as First or Second Class Grade Cinema Operators in the Defence Services and Licensed operators of any other State or repatriates from Burma or any other country shall be exempted from undergoing the prescribed period of apprenticeship in a licensed cinema theatre:

Provided further that a candidate who has passed the Cinema Operators Examination of the Government Central Technical Institute, Madras or its equivalent examination, shall be exmpted from appearing for the examination but shall undergo apprenticeship for not less than 6 months to qulaify himself for the Competency Certificate:

Provided also that a person, holding a certificate/licence granted by a competent authority under the Government of any State is exempted from appearing for the Cinema Operators' examination in tills State and will be deemed to be qualified for the competency certificate provided there is a reciprocal agreement existing between the State or the other State [103][and satisfied instruction 7(1) above.

Explanation (1) & (II):[104](------------]

(5)     [Omitted by G.O. Ms. No. 1126, dated 13-10-1978].

8.        Programme of Examination.--

Examinations shall be held once in six months or as frequently as may be necessary, at Hyderabad, Vijayawada and such other places and on such dates as may be notified by the Chief Electrical Inspector to Government.

Provided that no such examination shall be held if number of qualified candidates applying for permission to appear at the examination is less than ten.

9.        [105][Scheme of the Examination.--

The examination shall comprise of two tests, one practical and the other oral in the subjects specified in the prescribed syllabus. The "Practical" test shall be conducted by one sound Engineer. The "Oral" test shall be conducted independently by the same sound Engineer and One Assistant Electrical Inspector of Electrical Inspectorate, sharing the makes in the ratio of 30:70 respectively".

10.    [106][Fees.--

The candidates shall pay fees specified below through challan crediting the amount to the Head of Account

Detailed Account: 043. Taxes and duties of on Electricity: M.H. 15 Fees for electrical inspection of cinemas.

1.

Fees for application form for cinema operators examinations.

Rs. 5/-

2.

Fees for cinema operators examination.

Rs. 35/-

3.

Fees for exemption from the cinema operators examination.

Rs. 35/-

4.

Fees for issue of duplicate competency certificate when original is lost.

Rs. 15/-

5.

Fees for issue of cinema Operators licence to the successful candidates.

Rs. 20/-

6.

Fee for issue of duplicate cinema operators licence when the original is lost.

Rs. 20/-

7.

Fee for renewal of cinema operators licence when the application for the renewal is received in complete shape before three months to the date of expiry of licence.

Rs. 15/-

8.

Fee for renewal of cinema operators licence when the application is not received in complete shape before 3 months to the date of expiry of its validity.

Rs. 20/-

9.

Fee for revalidation of lapsed cinema operators licence.

Rs. 2/-

Note:?

1.        Fee once remitted shall neither be refunded nor adjusted on any account

2.        If a candidate fails to present himself for the examination on any account, the examinations fee shall neither be refunded nor reserved for a subsequent examination.

11.    (A) Fees to theatres used for holding examinations and examiners:?

A consolidated Fee of Rs. 25/- (Rupees twenty five only) per each day of the examination shall be paid by the Chief Electrical Inspector to Government.

(a)      To a theatre towards charges for using the premises and equipment in connection with the conduct of examination.

(b)      To a each examine examining the candidates.

(B) Fee to the non-official member of the Committee for cinema operator examination:

A consolidated fee of Rs. 30/- (Rupees thirty only) per each day of meeting of the Committee of cinema operators examination shall be paid by the Chief Electrical Inspector to Government to the non-official member of Committee.

12.    Payment of allowance to examiners and non-official member of the cinema operators examinations Committee.

(i)       The examiners and the stand-by-examiners (other than Government officers) shall be entitled to draw travelling allowance of one 1st Class railway fare and daily allowance of Rs. 20.00 (Rupees twenty only) for journeys performed and halts made in connection with the conduct of cinema operators examination.

(ii)      Local examiners shall be entitled to draw a consolidated amount of Rs. 10/- (Rupees ten only) to meet the incidental expenditure incurred by them from their residence to examination centre and back, on each examination day.

(iii)     Local non-official member of the Committee for Cinema operators examination shall be entitled to draw a consolidated amount of Rs. 10/ - (Rupees ten only) to meet the incidental expenditure incurred by him from his residence to the place of meeting of cinema operators examination committee and back on each meeting day.

(iv)    In case the non-official member of the Committee for cinema operator examinations is from outside, he shall be entitled to draw travelling allowance of one first class Railway fare and daily allowance of Rs. 20/ (Rupees twenty only) for the Journeys performed and halts made for attending to the meeting of the Committees for cinema operator examinations.

Note:? The expenditure on account of travelling allowance and daily allowance will be met from "detailed account No. 245 Other taxes and Duties on Commodities and services -M.H. 15 Collection charges-Electricity Duty S.H. (01) Head Quarters Office-050. Payment of professional and special services".

13.    Remuneration for invigilators and attendants.--

The remuneration payable to each invigilator and attendant for each day of the examination shall respectively be Rs. 10/- and Rs. 2.00 only.

Provided that such invigilator shall be a Technical Officer of the rank not lower than Assistant Electrical Inspector of Electrical Inspectorate.

14.    Form of Application.--

The application for permission to appear for the examination shall be in the form prescribed by chief Electrical Inspector to Government and shall be addressed to him and sent by Registered Post acknowledgement due or shall be presented in his office personally after obtaining acknowledgement within the prescribed time:

Provided that an application not correctly or completely filled in or countersigned or not accompanied with attested copies of enclosures will be liable to be rejected summarily.

15.    Grant of certificate.--

The Chief Electrical Inspector to Government shall grant competency certificates in Forms prescribed by him for the purpose.

[107]15-A. Grant of licence.--

The Chief Electrical Inspector to Government shall grant cinema operators licences to the holders of certificate of competence in the form prescribed by him for the purpose on payment of prescribed free and on production of Physical Fitness Certificate in Form-G].

16.    Period of licences for cinema operators.--

The licence shall be for a period of five years renewable for further period of five years at a time on payment of prescribed fees.

Provided that the application for renewal shall be submitted in complete shape so as to reach the Chief Electrical Inspector to Government three months before the date of its expiry.

17.    Withdrawal suspension or cancellation of licence and competency certificate.--

A licence or a competency certificate granted to any person shall be liable to be withdrawn, suspended or cancelled for non-compliance with the relevant rules, incompetence or for indulgence in malpractices or impersonation or submission of in genuine educational qualification certificates etc. The decision of the Chief Electrical Inspector to Government in this regard, shall be final. The Chief Electrical Inspector to Government is empowered to debar the candidates from appearing for the cinema operators examination for a maximum period of ten years for non-compliance of relevant rules or for indulging in malpractices or impersonation or submission of in genuine educational qualification certificates etc).

[108][APPENDIX - IX]

(See Proviso to Rule 6)

Rules and Specifications Applicable to the Public Exhibition of Films on Video

(1)     (a) Every application to the licensing Authority for the grant or renewal of licence for public exhibition of films on video under the Act shall be in writing and in Form J in quadruplicate and shall be accompanied by the treasury receipt for the payment of fees specified below:

(i)       fees for grant or renewal of a licence for a year and less shall be. Rs. 100 upto 50 seats and Rs. 200 upto 100 seats;

(ii)      the fee payable per annum and less for grant or renewal of an Electrical and Fire Certificate in Form-D (V) shall be Rs. 100:

Note:?The fees shall be paid into a Government Treasury to the credit of the Government to the relevant heads of account that may be specified by the Government

(b) application for renewal of licence shall be three months before the expiry of licence sought to be renewed.

(2)     Within fifteen (15) days of receipt of such application, the Licensing authority shall;

(a)      if the application is not in order, return the same to the applicant for resubmission within a period of 60 days falling which the application shall be treated as rejected and fresh application shall be made;

(b)      if the application is in order, forward a copy of the application each to the Executive Engineer (R&B) the Electrical Inspector and the Health Officer asking for their reports and certificates within fifteen days.

(c)      on receipt of the reports and certificates referred to in clause (b) above if the licensing authority is satisfied that adequate precautions have been taken in the place to provided for the safety of the persons attending exhibitions therein, he shall within ten days from the date of receipt of the above reports and certificates grant or renew a licence in form 'K' without adding additional thereto consistent with the provisions of these rules, as he may deem fit in the interest of health and safety of public:

(i)       Provided that if the licensing authority is satisfied that provisions of these rules have not been fulfilled and or that it is not in the interest of the health and safety of the public, he may refuse the grant of the licence applied for and communicate to the applicant the reasons for such refusal.

(ii)      Provided further that clauses (b) and (c) do not apply in the case of Video Exhibitions provided in the transport vehicles. In the case of transport vehicles the licence may be granted by the licensing authority on the basis of the tax receipts under the Andhra Pradesh Motor Vehicles Taxation Act, 1963, the 'C certificate and fitness certificate issued by the competent authority under the Motor Vehicles Act, 1939.

(3)     The Licensing Authority while granting or renewing the licence in Form-K shall fix the maximum number of persons to be admitted at a time and also fix the maximum rates of admission allowed which are liable for taxation under the Andhra Pradesh Entertainment Tax Act, 1939 and the rules made thereunder.

(4)     Licence may be granted/renewed for a period not exceeding one year.

(5)     Certificates to be obtained by the Licensing authority:

(i)       The Electrical Inspector or the Officer deputed by him shall issue Electrical and Fire Certificate in Form-D (V) to the effect that the video apparatus, the Electrical Installation and Fire Extinguishing appliance are suitable and in order and fulfill the requirements of these rules.

(ii)      The Health Officer of the local authority or the District Health Officer where the Local authority has no such Officer, shall issue a health certificate to the effect that the provisions relating to public health, ventilation and the like have been satisfied.

(iii)     The Executive Engineer (R&B) or the Officer deputed by him shall issue a certificate to the effect that the building is fit for the purpose, and afford shelter from sun and rain.

(iv)    The certificates referred to above shall be for a period of one year.

(6)     The distance between the Video screen and the first row of seats shall be not less than 10 (ten and feet) no person shall be admitted within such space.

(7)     The distance between the existing Permanent or semi-permanent temporary cinemas and the Video public exhibitions shall be not less than 100 meters.

(8)     The distance between one Video centre and another video centre shall be not less than [800][109] meters.

(9)     The public exhibition of Films on Video shall be allowed only in commercial areas and in no case such exhibitions shall be allowed in residential areas.

(10)   The building where such exhibitions is given shall be provided with open space of not less than 10 feet in width on any two sides of the building; and an open space of not less than 20 feet in width on the third side for parking of vehicles.

(11)   The licensing Authority may in consultation with the Health Officer either require extractors, exhaust fans, ceiling fans or other means of artificial ventilation to be provided.

(12)   There shall be opening of 1.5 square meters for every ten persons for ventilation purposes to ensure a balanced air supply.

(13)   One WC and one Urinal for every 50 persons and less for exclusive use of each sex shall be provided.

(14)   There shall be at least two door ways fitted with doors to open out-wards.

(15)   Drinking water shall be provided in such manner and in such quantity as may be specified by the Licensing Authority.

(16)   The number of persons to be admitted into any part of the auditorium shall be determined by calculating at the rate of 20 persons per 9 square meters of floor area after excluding the area for entrances, passage, gangways, stage and all places to which the public are not admitted.

(17)   The chairs shall be battened together in complete lengths.

(18)   There shall be an intervening space of at least 0.35 meters between the back of one seat and front of the seat immediately behind measured between perpendiculars. In the case of establishments for serving coffee, tea, cool drinks other beverages required should also be provided.

(19)   There shall be a passage of 0.90 meters in width for every ten rows of seating accommodation.

(20)   The gangways shall be not less than 0.90 meters in width and shall be so arranged that no seats shall be more than 10 seats from a gangway.

(21)   All the cables, wires used shall be of I.S.I, grade and the wiring shall pass through conduit pipes only.

(22)   There shall be a separate circuit controlled by a suitable links width for the supply of electricity taken to the video Hall.

(23)   Three pin plugs with the third pin effectively connected to earth shall be used.

(24)   Separate circuits shall be provided for lights, fans and other equipment respectively.

(25)   An automatic voltage regulator/stabilizer which can provide an output voltage of 230x6% shall be installed before the video equipment.

(26)   Video films shall not be exhibited in a totally dark room or hall. A dim light (about 25 Watts to 40 Watts bulb) shall be kept burning throughout the exhibition of films. The bulb shall be placed at right angles to the line of vision of the public.

(27)   One portable fire extinguisher of Co. 2 or C.T.C. or D.P.C type of 1 kg. capacity and one bucket (9 liters) filled with sand shall be provided.

(28)   All the provisions in this Appendix shall be applicable to video cassette recorders and video cassette projectors or any other equipment used for public exhibition of films of video in any place including Hostels, restaurants, bars, clubs, transport vehicles etc.

Provided in the case of public exhibition of films on video in transport vehicle the paras 3, 5 to 27 shall not apply.

[110][APPENDIX - X]

[See clause (dd) of sub-rule (1) of Rule (2)]

Requirements for Construction of "Drive-in-Cinema"

(1)     A "drive-in-cinema" shall have a road frontage on public through-fare upon which the site of such cinema abuts and in such frontage there shall be a suitable provision for entrance and exit for motor cars. At the entrance, between the main road and the entrance a lateral road should be provided with sufficient space to hold at least 1/5 of the total capacity of the motor cars in the drive in cinema, shall be provided for the motor cars waiting to enter to the premises. At least two separate entry bays with ticket booths shall be provided for the entry of such cars into the area. Minimum two gates for exit of motor cars shall be provided where the cinema is constructed to accommodate more than six hundred motor cars. The width of each of the entrance and exit gates shall not be less than four meters.

 

(2)     On the boundaries of the drive in cinema either a compound wall of five resisting material with a height of not less than two and half meters above the level of the ground adjoining the wall within the compound shall be constructed or the whole compound shall be surround by a barbed wire fence.

 

(3)     The entrance and exit areas shall be adequately lighted by flood lights.

 

(4)     The lateral limitation of the spectator area shall be confined to an angle of 35 degrees with respect to the centre line of the screen.

 

(5)     The rows of motor cars facing the screen shall be provided in the form of an area of a circle with its centre at a distance of 0.6 X breadth of the screen, at the back of the screen on the centre line.

 

(6)     The width of one bay accommodating motor vehicles in a row facing the screen shall be not less than 12 meters.

 

(7)     The distance between the screen and the front row of vehicles shall be not less than 1.5 times the width of the picture on the screen.

 

(8)     A clear passage of not less than 12 meters in width shall be provided on either side of the spectator's area.

 

(9)     In all the rows of motor cars, the front of the motor cars shall stand higher than the rear to ensure that from the rear a complete view of the screen is visible.

 

(10)   The site of the picture projected on the screen shall be as specified below namely.

(i)       for 200 to 400 motor cars.

Height

11 meters

Width

25 meters

Bottom

6 meters

Above the ground

(ii)      for 401 to 600 motor cars

Height

13 meters

Width

30meters

Bottom

7meters

above the ground.

(iii)     for 601 to 1,000 motor cars.

Height

19meters

Width

43meters

Bottom

8meters

above the ground.

(11)   The screen should be so located that it is not lighted by sunset or by the evening twilight. It shall be constructed with concrete material or steel frames.

 

(12)   The screen shall be so constructed as to withstand wind velocity of 160 kilometers per hour or a pressure of 120 kilograms per square meter. The screen shall be inclined slightly forward. The maximum inclination shall be 8 degrees with vertical axis.

 

(13)   The screen or a part thereof shall not be visible from road side.

 

(14)   Red warning lights shall be mounted at the highest points of the screen and flood lights to light the spectators' are a shall be mounted over it.

 

(15)   The motor cars. bays shall be uniform by 12meters wide or 12meters and 8meters wide alternatively provided that the first 4 rows shall leave a 12meters wide bays.

 

(16)   Loud speaker poles shall be provided to serve one motor car each on either side. The distance between the two poles in a row shall be not less than 6meters. The poles for loud speakers shall be embodied in a concrete base and shall have a light over them so as to indicate their position. The light shall be at the side of the pole; turned away from the screen which shall also illuminate the row and place number.

All the audience shall be provided with ear-phones/

Provided that it shall not be necessary to provide a pole with loud speaker for each motor car if alternative arrangement: is made for the transmission of sound to the satisfaction of the licensing authority.

Provided further that it shall not be necessary to provide a pole with loud speaker of each motor car if alternative arrangement is made for the transmission of sound to the satisfaction of the licensing authority.

Provided further that in any case the distance between any two motor cars standing along side in the same row shall not be less than two meters.

 

The projection room shall be located in a closed building in the centre of the premises. Such projection room may be a part of the structure accommodating public toilet, canteen, kitchen, shops and such amenities. Sufficient care shall be taken to see that the light from these structures does not fall on, or obstruct the proper viewing of the projection. Where car buys are provided at the back of the projection room also, the area shall be so elevated that proper view is obtained of the screen.

All other facilities as may be specified by the licensing authority shall be provided in perfect condition.

 



[1] Published in Rules Supplement to Part II, A.P. Gazette, dated 27-8-1970, page 357.

[2] The words "except Cinematograph exhibitions given in any place with an enclosed bulb project with films not greater in width than 16 millimeters "Omitted by G.O. Ms. No. 433 (Home), dated 3-10-1983.

[3] Substituted by G.O. Ms. No. 1032, dated 1-8-1972.

[4] Clause (dd) inserted by G.O. Ms. No. 620(Home), dated 31-12-1983, vide R.S. to Part II, AP. Gazette, dated 12-1-1984. (Printed supra).

[5] Clause (e) substituted by G.O. Ms. No. 1045, dated 19-7-1974.

[6] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[7] Clause (m) omitted and after Clause (m), Clause (mm) inserted by ibid.

[8] Clause (m) omitted and after Clause (m), Clause (mm) inserted by ibid.

[9] Now refer Clause (26) of Sec. 2 of Act 59 of 1988.

[10] The heading and, sub-rule (1) of Rule 5 substituted by G.O. Ms. No. 620, dated 31-12-1983.

[11] Substituted for the old second and third provisions by G.O. Ms. No. 1597, dated 2-11-1971.

[12] Proviso added by G.O. Ms. No. 433 (Home), dated 3-10-1983.

[13] Substituted by G.O. Ms. No. 638 (Home), dated 16-10-1986.

[14] New proviso added by G.O. Ms. No. 579 (Home), dated 18-12-1983.

[15] Proviso added by G.O. Ms. No. 620, dated 31-12-1983.

[16] New provisos added by G.O. Ms. No. 214 Home (General-A) dated 11 -5-1987.

[17] Clause (a) substituted by G.O. Ms. No. 1300. dated 7-9-1977.

[18] Clause (c) substituted by G.O. Ms. No. 1988, dated 20-7-1974.

[19] substituted by G.O. Ms. No. 890, dated 24-6-1976.

[20] Note added by G.O. Ms. No. 620, dated 31-12-1983.

[21] Note Inserted by G.O. Ms. No. 1194, dated 14-8-1975.

[22] substituted by G.O. Ms. No. 187, dated 27-3-1985.

[23] Proviso added by G.O. Ms. No. 474, dated 24-9-1985.

[24] The words "prior to the 27th March, 1985" omitted by G.O. Ms. No. 571, Home (GAD), dated 20-9-1986.

[25] Sub-rule (b) to Rule 7 added by G.O. Ms. No. 334 (Home), dated 3-10-1983.

[26] The expression "on Commercial basis" omitted by G.O. Ms. No. 638, dated 16-10-1986

[27] Published in Rules Supplement to Part II, A.P. Gazette, dated 27-8-1970, page 357.

[28] Rules 8 and 9 subs, by G.O. Ms. No. 620, dt. 31-12-1983 (Vide printed Supra).

[29] Proviso inserted by G.O. Ms. No. 213 Home (General-A) dated 11-5-1987.

[30] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[31] After Rule 10, Rule 10A Inserted by G.O. Ms. No. 12, dated 17-1-1987 and finally substituted by G.O.Ms. No. 185 Home (Gen-I). dated 21-5-1988.

[32] Substituted for "30-9-1988" by G.O. Ms. No. 360 Home (Gen-A), dated 27-8-1993.

[33] Rules 11 and 11-B substituted by G.O. Ms. No. 620. dated 31-12-1983.

[34] Rules 11 and 12 substituted by G.O. Ms. No. 620, dated 31-12-1983.

[35] Second proviso, Inserted by G.O. Ms. No. 406 Home (GAD) dated 10-7-1986.

[36] Substituted for "three years" by G.O. Ms. No. 1597, dated 2-11-1971.

[37] Substituted by G.O. No. 620, dated 31-12-1983.

[38] Inserted by G.O. Ms. No. 1210, dated 19-8-1965.

[39] Inserted by G.O. Ms. No 386, dated 5-3-1976.

[40] Inserted by CO. Ms. No. 1597, dated 2-11-1971.

[41] CI. (a) of Sub-rule (7) omitted by G.O. Ms. No. 620, dated 31-12-1983. 

[42] Proviso Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[43] Words "After a minimum Interval of three months" omitted by G.O. Ms. No. 564, dated 18-4-1974.

[44] Words "After a minimum Interval of three months" omitted by G.O. Ms. No. 564, dated 18-4-1974.

[45] Sub-rule (11) added by G.O. Ms. No. 1462, dated 11-10-1971 has been omitted by G.O. Ms. No. 1300, dated 25-9-1974.

[46] Added by G.O. Ms. No. 620, dated 31-12-1983.

[47] Clause (b) omitted by G.O. Ms. No. 620, dated 31-12-1983.

[48] Sub-rule (2) subs, by G.O. Ms. No. 1597. dated 21-11-1971.

[49] First Proviso omitted by G.O. Ms. No. 620, dated 31-12-1983.

[50] Sub-rule (3) omitted by Ibid. 

[51] Sub-rule (1) Substituted by G.O. Ms. No. 1597, dated 2-11-1971.

[52] Sub-rule (1-a) Inserted by G.O. Ms. No. 1301. dated 10-9-1975.

[53] ?Sub-rule (2A) Substituted by G.O. Ms. No. 1242, dated 11-9-1974.

[54] Note 1 omitted by G.O. Ms. No. 620. dated 31-12-1983.

[55] Sub-rule (3) omitted by Ibid.

[56] Substituted by G.O. Ms. No. 1242 (Home), dated 11-9-1974.

[57] Inserted by G.O. Ms. No. 620, dated 31-12-1983.

[58] Inserted by G.O. Ms. No. 620, dated 31-12-1983.

[59] Inserted by G.O. Ms. No. 620, dated 31-12-1983.

[60] Inserted by G.O. Ms. No. 620, dated 31-12-1983.

[61] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[62] Substituted for 'Rs. 50" by G.O. Ms. No. 471, dated 15-4-1975.

[63] Sub-rule (2) substituted by G.O. Ms. No. 620, dated 31-12-1983.

[64] Substituted by ibid.

[65] Sub-clause (iii) substituted by G.O. Ms. No. 1597. dated 2-11-1971.

[66] Sub-clause (iii) substituted by G.O. Ms. No. 1597. dated 2-11-1971.

[67] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[68] Sub-rule (7) omitted by Ibid.

[69] Proviso added by G.O. Ms. No. 1302, dated 10-9-1975.

[70] Sub-rule (7) Ins. by G.O. Ms. No. 2, dated 1-1-1976. 

[71] The words "or of such greater width as may be required by the Licensing Officer" omitted by G.O. Ms. No. 620, dated 31-12-1983.

[72] Substituted by ibid.

[73] Clause (d) substituted by G.O. Ms. No. 1378, dated 20-9-71.

[74] Substituted by G.O. Ms. No. 620, dated 31-12-1983

[75] Substituted by ibid.

[76] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[77] Sub-para 9 omitted by ibid.

[78] ?Added by G.O. Ms. No. 1183, dated 17-8-1974.

[79] Omitted by G.O. Ms. No. 620, dated 31-12-1983.

[80] Omitted by G.O. Ms. No. 620, dated 31-12-1983.

[81] Subs, by Ibid. 

[82] Inserted by G.O. Ms. No. 620, dated 31-12-1983.

[83] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[84] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[85] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[86] Para 4 added by G.O. Ms. No. 366 (Home), dated 10-6-1981, Vide R.S. to Part II, A.P. Gazette, dated 9-7-1981.

[87] After para 4 in Appx-IV para 5 added by G.O. Ms. No. 433 (Home), dated 3-10-1983.

[88] Substituted by G.O. Ms. No. 638 (Home), dated 16-10-1986.

[89] Inserted by G.O. Ms. No. 620, dated 31-12-1983. 

[90] Table substituted by G.O. Ms. No. 620, dated 31-12-1983.

[91] Substituted by G.O. Ms. No. 620, dated 31-12-1983. 

[92] Note added by G.O. Ms. No. 111, dated 29-1-1975.

[93] Appendix-VIII Inserted by G.O. Ms. No. 1802, dated 1-3-1972.

[94] Proviso inserted by G.O. Ms. No. 87, dated 21-1-1974.

[95] Clause (2) omitted and Clauses 3, 4, 5, 6 and 7 renumbered as Clauses 2, 3, 4, 5 and 6 by G.O. Ms. No. 428, dated 5-4-1975.

[96] Substituted by ibid.

[97] Inserted by G.O. Ms. No. 1126, dated 13-10-1978 and omitted by G.O. Ms. No. 620, dated 31-3-1983.

[98] Inserted by G.O. Ms. No. 1126, dated 13-10-1978 and omitted by G.O. Ms. No. 620, dated 31-3-1983.

[99] Substituted by G.O. Ms. No. 1543, dated 7-10-1977 and again substituted by G.O. Ms. No. 620, dated 31-12-1983.

[100] Clause 2 omitted by ibid.

[101] Added by ibid.

[102] Substituted by ibid.

[103] Added by G.O. Ms. No. 620, dated 31-12-1983.

[104] Explanation (1) and (11) omitted by ibid.

[105] Substituted by G.O. Ms. No. 196 (Home), dated 23-3-1982, Vide R.S. to Part-II, A.P.G., dated 29-7-982.

[106] Substituted by G.O. Ms. No. 620, dated 31-12-1983.

[107] Inserted by G.O. Ms. No. 1196, Home (Gen-A), dated 13-10-1978. 

[108] Appendix-IX added by G.O. Ms. No. 579 (Home), dated 8-12-1983.

[109] Substituted for "100 meters" by G.O. Ms. No. 355, Home (Gen-A) dated 28-5-1990. 

[110] Added by G.O. Ms. No. 620, dated 31-12-1983