ASSAM STATE FILM POLICY RULES, 2019

PREAMBLE

Whereas the Government of Assam has adopted the Assam State Film Policy vide Government Notification No. ECA/166/88/pt/4 dated 7th Sept. 1992 for promotion of Regional films and for development of film industry of Assam and in supersession of Assam State Film Policy Rules-1994, issued under Notification No.ECA/166/88/Pt. dtd. 1st November 1994, the Governor of Assam is pleased to make following rules to implement the said Film Policy namely-

Rule - 1.

(1)     These rules may be called the Assam State Film Policy Rules, 2019.

(2)     These rules shall come into force on the date of publication in the Official Gazette.

Rule - 2. Definition.

For the purpose of these rules-

(a)      "Regional and Ethnic Film" means the film produced ill Assamese or any language of ethnic community of Assam residing historically and permanently in Assam.

Film is a powerful medium of entertainment, enlightenment and communication which has brought a huge socio-cultural transformation in the society particularly in India. Film brings about drastic changes in the entire spectrum of human life in the world. Being an industry of entertainment it has left an indelible mark on the people's social behaviour and played a very significant role in the growth of mass culture. In fact it is one of the main instruments to record, reflect and even provoke many of the reforms and revolutions in human history. Today, cinema has assumed the form of a very important economic activity and has played a major role in promoting tourism, by familiarising the audience with the scenic beauty and cultural heritage of a particular place/state/country. In the present century, film is not only a medium for entertainment, but it is also source of employment, medium for spreading social awareness and promotion of culture.

The impressive role of regional film in employment generation and development of infrastructure in other states is worth emulating. Assam is the hub of diversified ethnicity and is endowed with enriched, kaleidoscopic and exquisite folk culture, but despite that, it has been deprived of regional, lingual and sub-regional cinema.

Although Assam's Film industry is now eight decades old, it has still not been able to utilise this medium as an effective means of mass communication to its full potential.

Apart from being a technical medium, films have been developed into a very sophisticated and informative art form involving a large number of people starting from the film makers to actors, technicians, producers, distributors and most importantly, the viewers who act as the judge and jury.

With a view to promote and preserve the rich culture and the mosaic of pluralistic heritage of people living in Assam, the State Government took a decision to set up a Government Film Studio of its own in the year 1961 by the name of Jyoti Chitraban and the Jyoti Chitraban Film Studio became functional in 1968.

As the Finance was the biggest problem for the production of Regional Films in the State, the Government of Assam also established a corporation namely the Assam State Film (Finance & Development) Corporation for granting loans, subsidy to Regional Film Producers of the State besides looking after other aspects of Film production.

While state patronage is welcome, it should be ensured that too much dependence on the State, does not push the creative artistes towards dependence on departmental intervention. The importance of voluntary action in the cultural field cannot be gainsaid. The Government should have only a catalytic role.

However, the state has a definite responsibility to foster and nurture the seminal values, which manifest themselves in creative expression and endeavour in different ways. In other words, the state may provide facilities for such activities on a scale commensurate with perceived needs in the context of the integral link between them and plans to improve the quality of life.

Rule - 3.

The Assam State Film (Finance and Development) Corporation shall increase its commercial functions by taking up the distribution of Government produced films and other films produced by the other producers wherever necessary.

It will carry on the business of production of Regional Films by own and through joint collaboration and marketing of films in India and abroad.

Rule - 4.

It will also ensure the improvement of the collection machinery so that the loans issued are recovered and the Corporation funds are kept rolling to encourage the production of regional films of the State.

Rule - 5.

It will coordinate and facilitate setting up/development/upgradation of Cinema Halls, Theatres etc with latest technology available.

It will also organise seminars, workshops, exhibitions on films.

Rule - 6.

The Assam State Film (Finance & Development) Corporation will preserve the celluloid format of films and restore in digital format with latest technology.

Rule - 7.

The Jyoti Chitraban will be well equipped for total production of films under one roof keeping in view the financial viability of the operation. Government will provide necessary fund for infrastructural development, intellectual and artistic activities and extension of film culture althroughout the State and north-east India.

Rule - 8.

The rental charges of the Jyoti Chitraban will be rationalised so that Regional Film Producers of the State can derive more benefit from the Studio.

Rule - 9.

Adequate measures will be adopted for promoting the activities and facilities available at Jyoti Chitraban so that the facilities may be utilised by the film producers of India and the world as a whole and also to promote local film culture globally.

Rule - 10.

To promote Film and its related culture internationally and to provide a strong platform for the local talents to showcase their creation in the global arena Jyoti Chitraban will host (1) Guwahati International Film Festival, (2) Guwahati International Documentary/Short/Animation Film Festival and (3) Guwahati International Children Film Festival yearly.

Rule - 11.

Film education and good cinema viewing will be promoted by Dr. Bhupen Hazarika Regional Government Film & Television Institute.

Rule - 12.

To encourage the availability of trained technicians for Film Industry, it will be endeavour of the Government to train human resource in the film-craft, utilizing the facilities available in Jyoti Chitraban and Dr. Bhupen Hazarika Regional Government Film & Television Institute.

Rule - 13.

In case of Departmental Feature Films and Documentaries, Government Departments, if they desire, will approach the Assam State Film (Finance and Development) Corporation with a proposal. In that case, the Assam State Film (Finance and Development) Corporation will be the Nodal agency.

Rule - 14.

The Assam State Film (Finance and Development) Corporation will have a panel of Directors and technicians for production of Departmental Feature Films and Documentaries. The Government department will submit the Concept Note and Assam State Film (Finance and Development) Corporation will scrutinise the proposal and budget and they will claim 5% of the total cost of production as the administrative cost.

Rule - 15.

Subsidy from the Government will be granted to the producers in the form of Grants in aid for high quality films, Science Fiction, Animation Film, Children Film and other genres considering their thrust/focus being ethnic culture, land and people of Assam. Further, Ethnic language films are also to be promoted by Government.

Rule - 16.

(a)      There shall be a script committee headed by the Commissioner & Secretary, Cultural Affairs Department in which Chairman, Assam State Film (Finance & Development) Corporation Ltd. and Chairman, Jyoti Chitraban will be members. Director, Cultural Affairs will be the Member Secretary of the said Committee. 1 (one) member of the Committee shall be from the field of Literature, and 2 (two) members from the field of direction.

(b)      If the script is selected for subsidy, than the following documents and materials at various stages are required.

(a)      Rough cut

(b)      Laboratory Certificate at various stages

(c)      Censor Certificate

Rule - 17.

The date of commercial release of the film in any licensed theatre shall have to be intimated in writing to the MD, Assam State Film (Finance & Development) Corpn. Ltd., who in turn shall forward the information for commercial release of the film to the following authorities -

(a)      Director, Cultural Affairs, Assam

(b)      The Commissioner of Taxes, Assam.

(c)      The Superintendent of Taxes of the area in which the film is first released.

The respective officers shall maintain the record of the same.

Rule - 18.

25% of total subsidy amount will be earmarked for new Directors which will also include the alumni of the Government Film Institute i.e. Dr. Bhupen Hazarika Regional Government Film and Television Institute. In this regard, eligibility conditions/guidelines and distribution/release of such subsidy shall be framed by the committee mentioned in 16 (a).

Rule - 19.

For getting subsidy, Producers should be a permanent resident of Assam and depending on the overall production quality, the subsidy will be provided in 3 different slabs. The quantum of subsidy will be fixed by the committee against each slab and the selected feature film will get subsidy accordingly. The subsidy amount will be 25% of the total eligible cost with a maximum limit of Rs. 25 lacs for a film. The subsidy will be given to a maximum of 20 films per year. If the film gets National Award, the remaining 75% of the eligible cost will be returned by Government subject to maximum of Rs. 1 crore. One Producer will be eligible for 2(two) films only during his career.

Rule - 20.

Subsidy will be eligible only for feature films having 72-minutes minimum duration and the producers must submit script, budget & crew-member's list in details to obtain subsidy.

Rule - 21.

While calculating the cost of production of any film, the official rate chart of Jyoti Chitraban such as charges against equipments etc. will be taken into consideration. Promotion of the film and distribution cost should not come within the production cost.

Rule - 22.

Any film getting Government subsidy could consider online release (or satellite channel release) only after one (1) year from the date of commercial release.

Rule - 23.

Box Office Share in case of Assamese and local language films of Assam to be followed in all weeks should be 50-50 after deduction of requisite taxes and service charge and welfare fund etc.

Producer's Share: 50% in all weeks

Exhibitor's Share: 50% in all weeks

Rule - 24.

Service Charges to Hall owners will be continued as per Government policy,

Rule - 25.

Government subsidy for construction of new Theatres/Cinema Halls will be provided as per Government guidelines (vide Notification No.CAD.220/2016/17 dtd. 29-3-2018 for assistance to entrepreneurs to establish new Cinema Halls and Re-opening/Renovation of closed and old Cinema halls).

Rule - 26.

For exhibition and screening of Regional Cinema, Mobile digital movie theatres may be a new platform. In this connection, concerned District Administration may take necessary action for a single window licensing/renewal and other related matter like format, projection device, audio and acoustic system, seating capacity and other essential safety measures etc. and Rules will be framed accordingly.

Rule - 27.

The General Administration Department being the administering department for Assam Cinema (Regulation) Act, 1953 and rules framed thereunder, will suitably amend the Act and Rules thereto as follows-

(i)       One Prime time show in the theatres (as preferred by Producer) is compulsory for regional films of Assam.

(ii)      Additional show will not require guarantee money but is conditional which can be arranged after mutual discussion between exhibitor & producer.

(iii)     If the producer demands the additional show in the prime time subsequently, then he/she has to deposit guarantee money of 10% of the total sale of 100% occupancy of a theatre in a show for one week to the exhibitor having 200 seats and above and 15% to the exhibitors having less than 200 seats.

(iv)    The regional film which earns 20% for less than 200 seats theatres and 15% (for the theatres having 200 seats and above) or more of gross houseful collection of the theatre in the first week will be continued compulsorily for the 2nd week. The 2nd, 3rd and 4th shows which are under guarantee money condition will also continue for the next week as sub-clause 27(iii) above.

Rule - 28.

Single window system will be generated for the issue of Cinema Hall licence/renewal etc. by GAD for a period of minimum 3 years.

Rule - 29.

Registration of all the stake holders like Producers, Production houses, Distributors, Exhibitors, technical service providers (film screening) studios & laboratories will have to register themselves under a Government agency [i.e. Assam State Film (Fin. & Dev.) Corp. Ltd.] which will act like umbrella organization for all. The registration fees should be nominal and Committee will be constituted to look after the related matters.

Rule - 30.

Regarding release of a new film, the CENSOR date will be considered on priority basis for release in cinema hall/theatres. If producer wants separate date, it's to be discussed before hand with release committee formed by the Government.

Rule - 31.

In case of any exhibitors refuses to release any regional film of Assam then Government will take penal action against the exhibitor including cancellation of license etc.

Rule - 32.

Release of films in Cinema Hall/theatre, the resolution of films is to be minimum 2k (checked/certified by proper Technical Bodies). Moreover, recognized laboratory/studio certificate is compulsory for the same which is to be submitted to the Release Committee. However, films winning awards in State, National and International level (festivals recognized by Ministry of I & B, Government of India) will be an exceptional in this case.

Rule - 33.

Cine Workers Welfare Fund will be created under the Directorate of Cultural Affairs through annual grant in aid from Government @ Rs. 1 per ticket sold in a year in the State instead of collection from tickets. The fund will be paid to the needy Cine Workers for their health issues, education of children etc. The Cine Workers will have to produce certificates from their employer to avail this fund. A Committee headed by the Minister, Cultural Affairs Department will be formed to manage the fund.

Rule - 34.

(a)      For promotion of Film Tourism in the state, a single window clearance system to film makers for both Feature and Short Film, serial producers, documentary makers etc shall be ensured through Tourism Department to facilitate fast track clearance of all required approval/permissions for film shooting in Assam.

(b)      Assam shall motivate reputed film makers of Hindi/English/other foreign languages for film shooting in Assam through attractive incentives.

Rule - 35.

(a)      Any Films from Assam as official entry to represent INDIA in OSCAR (Academy Award) will receive an amount of Rs. 2 crores and official award winners in reputed International Film Festivals namely Cannes, Toronto, Berlin, Busan, Venice, Sundance, Tokyo, Locarno, Cairo & Karlovy Vary will receive an amount of Rs. 20 lacs.

(b)      A cash award will be rewarded to National Award winning films and individuals. The award will be double of the cash amount of the National Award as incentives to encourage the regional films.

(c)      Any other films of Assam winning SWARNA KAMAL and RAJAT KAMAL will get a guaranteed subsidy for the next film with an amount Rs. 50 Lacs (Rs. 25 Lacs for Director & Rs. 25 Lacs for Producer) and Rs. 30 Lacs (Rs. 15 Lacs for Director & Rs. 15 Lacs for Producer) respectively.

Rule - 36.

State Film Award to be given every year by the Government. State Film Award should be held in a month prior to National Award preferable on 10th March on which JOYMOTI was released.

Rule - 37.

To encourage creative cinema in the State, the State Government will institute annual awards in different categories for films made in Assam. Separate budget head for the award shall be provided in the annual budget of the Directorate of Cultural Affairs. The selection of awardees will be done by a Selection Committee constituted by the Government.

Rule - 38.

Director, Cultural Affairs, Assam will organise a State Level function in coordination with Assam State Film (Finance & Development) Corpn. Ltd. for giving away the following awards.

(I)     FEATURE FILM SECTION:

(II)   SHORT FILM SECTION:

(III)    DOCUMENTARY FILM SECTION:

(IV)  BEST FILM CRITIC AWARD:

(V)    LIFE TIME ACHIEVEMENT AWARD: