CINEMATOGRAPH FILM RULES, 1948[1] In exercise of the powers
conferred by section 4 and sub-section (1) of section 29 of the Petroleum Act,
1934 (XXX of 1934), as applied to the storage and transport of cinematograph
films having a nitro cellulose base by the notification of the Government of
India in the late Department of Labour, No. Ex. 108, dated the 14th January,
1946, the Central Government is pleased to make the following rules, the same
having been previously published as required by sub-section (2) of section 29
of the said Act, namely : CHAPTER I PRELIMINARY (1)
These rules may be called the
Cinematograph Film Rules, 1948. (2)
They extend to the whole of India
except the State of Jammu and Kashmir. Anything not in conformity
with these rules which was permitted to be done by or under any rules in force
immediately before the coming into force of these rules, may be permitted by
the Chief Inspector by order in writing to be continued for such period not
exceeding two years as may be specified in the order. If the Chief Inspector
considers it necessary or expedient so to do for avoiding any hardship or
Anomaly, or removing any difficulty that may arise as a result of the extension
of those rules to the union territory of Goa, Daman and Diu, the Chief
Inspector may, by general or special order, permit any licence to be granted or
anything to be done which is not in conformity with these rules but which was
permitted to be granted or done by or under any rules in force immediately
before the coming into force of these rules in that union territory : Provided that no order so
made shall have effect after the 31st day of March, 1968. In these rules, unless
there is anything repugnant in the subject or context,- (i)
(a) "The Act" means the
Petroleum Act, 1934 ; (b) "Cabinet"
means any shelved closet or cupboard constructed and equipped in accordance
with the requirements of the rules for keeping film and according to a design
approved by the Chief Inspector; (c) "Chief
Inspector" means the Chief Inspector of Explosives in India ; (d) "District
Authority" means- (i)
in a presidency town and the
suburbs thereof (if any) which are for the time being situated within the local
limits of the jurisdiction of the Commissioner of Police, the Commissioner of
Police; (ii)
in the cities of Hyderabad and
Secundarabad-cum-Cantonment area, the Commissioner of City Police, Hyderabad ;
and (iii)
elsewhere, the District
Magistrate"; (e) "District
Magistrate" includes an Additional District Magistrate ; (f) "Examination
Room" means a room where film is examined, repaired, cleaned, waxed, or
rewound ;. (g) "Film" means
motion picture or sound recording film having a nitrocelluloe base whether in
the form of exposed or unexposed film, positives, negatives, scraped or used
film ; (h) "Film
cement" means any compound of collodion, amylacetate or similarly
combustible cements used for repairing film ; (i)
"Inspector" means an
officer authorised by the Central Government under sub-section (1) of section
13 of the Act; (ii)
"Merged territories"
has the meaning assigned to it in the General Clauses Act, 1897; (j) "Partition"
means a wall constructed of non-inflammable materials conforming to one of the
specifications given in Schedule I; (k) "Prescribed
Container" mans a receptacle which- (i)
is made of metal to hold one or
to two standard rolls and is of a design approved by the Chief Inspector ; (ii)
is kept closed at all times
except when standard roll is being placed in or is being withdrawn from it; and (iii)
bears a stamped, embossed,
painted or printed warning inhibiting in conspicuous characters the words
"Nitrate Motion Picture Film", and also, either, the words 'Highly
Inflammable' or "The contents are dangerous if exposed to excessive heat
or open flame" ; (l) "Standard
Roll" means a roll of film 1.3/8 inches (35 mm.) wide and approximately
1,000 feet long weighing approximately 5 pounds, used as a unit in calculating
the weight of film ; (m) "Storage
shed" means a building used for the storage of film in quantity not
exceeding 100 lb; (n) "Transport
box" means a box intended for packing prescribed containers of film,
constructed according to specification laid down in Schedule II; (o) "Vault"
means any premises constructed and equipped in accordance with the requirements
of these rules for storage of film in quantity exceeding, 1,000 lb. (i)
in the enclosure used for the
operation of motion picture projectors which are licensed under section 3 of
the Cinematograph Act, 1918 ; and (ii)
in exposing operations. Where the Chief Inspector
is satisfied that in any particular circumstances all or any of the provisions
in these regulations are not necessary for the protection of persons or
property he may grant an exemption in jointing for all or any of such provisions
in such cases and to such extent and subject to such conditions as he may
specify. CHAPTER II TRANSPORT OF FILM All due precautions shall
be taken at all times to prevent accident by fire or explosion. No fire, light, or other
means of ignition capable of igniting film and no smoking shall be allowed in
any vehicle carrying film. Film shall be contained
only in a prescribed container. (i)
The prescribed containers
containing film shall be packed in a "transport box". (it) No
transport box shall be taken into use unless its design is approved in writing
by the Chief Inspector. (ii)
Where the approval of the Chief
Inspector is sought to a type of a container, three copies of a detailed
drawing thereof drawn to scale shall be forwarded to him. (iii)
Nothing in sub-rules (i) to (iii)
shall apply to the transport of unexposed film packed in original shipping
containers, complying with the Board of Trade Regulations. Film may be transported in
a vehicle, provided- (i)
no other highly inflammable goods
are carried in the vehicle ; (ii)
no passengers are allowed to be
carried in the vehicle ; (iii)
the consignment is attended by a
responsible person ; and (iv)
the film during transit is
deposited in a building fulfilling the requirements of conditions endorsed on
licence Form C, D or E, as the case may be, according to the quantity of film
carried. (i)
Notwithstanding anything
contained in rule 10, film may be carried in any vehicle carrying passengers
subject to the following conditions : (a)
the quantity carried in any one
vehicle shall not exceed 200 pounds ; (b)
the film shall not be deposited
during transit in any building other than one fulfilling the requirements of
the conditions endorsed on licence Form C. (ii)
Nothing contained in clause (b)
of sub-rule (i) shall apply to film in quantity not exceeding 20 pounds. Film shall not be carried
in motor vehicles, fitted with producer-gas generators. (1)
Film while in custody of the
railway administration for despatch or delivery or while in transit shall not
be stored except in a cool and shaded place away from other articles where it
is not exposed to direct rays of the sun. (2)
Where film is conveyed by rail,
it shall be subject to all the regulations which may from time to time be
prescribed generally or specially in that behalf by the railway administration
over whose line it is conveyed. (3)
All fires, lights and other means
of ignition capable of igniting film shall be keep away from film stored as
provided in sub-rule (1). Film may be carried in the
rear break-van of mixed or passenger trains subject to a limit of six transport
boxes per van. (i)
Film may be transported by water,
provided it is towed on or under deck in cool and accessible place, a way from
living quarters and galley fires. (ii)
Notwithstanding anything
contained in sub-rule (i), film may be transported coastwise provided it is
packed and stowed in accordance with the regulations issued from time to time
by the Board of Trade for regulating the carriage of dangerous goods and
explosives in ships. (i)
No person shall deliver any film
to any one in any State of India other than the holder of a storage licence or
his authorised agent or a Port Authority or railway administration. (ii)
No person shall despatch any film
to anyone in any State of India other than the holder of a storage licence. (iii)
This rule shall not apply to the
delivery or despatch of film in quantities which are permitted by these rules
to be stored without licence. Nothing in rules 10, 11
and 16 shall apply to film in possession of Indian Forces. CHAPTER III STORAGE OF FILM No person shall store any
film except under a licence granted under these rules : Provided that no licence
shall be required for the storage for film- (a)
in any quantity not exceeding 200
lb. in any place licensed under the Cinematograph Act, 1918, for the giving of
exhibition by means of a Cinematograph, or (b)
in any quantity not exceeding 20
lb. if the film is kept in prescribed containers and in a well-ventilated room
which is not used as a living room : Provided further that no
licence shall be required for the temporary storage of films- (i)
within Port limits under such
conditions as the Conservator of the Port may specify ; or (ii)
whilst the film is in custody of
a Railway Administration or the Postal Department in its capacity as carrier;
or (iii)
within the limits of any
air-ports, which in transit under such conditions as the Director-General of
Civil Aviation may specify. (1)
No person shall smoke in any
premises where film is stored or handled. Conspicuously 'No. Smoking' signs
shall be posted or hung up at prominent places outside the rooms where film is
stored or handled. (2)
No person shall carry matches,
fuses, or other appliances for producing ignition or explosion in any premises
where film is stored or handled. (3)
No fire, furnace or other source
of heat or light other than approved electric light, shall be allowed in any
premises where film is stored or handled. (4)
Efficient means of extinguishing
fires shall always be maintained in proper working order outside the premises
where film is stored or handled. Adequate precautions shall
be taken to prevent unauthorised persons from having access of any premises
used for the storage or handling of film. All operations within a
vault storage shed or an examination room shall be conducted under the
supervision of an experienced responsible agent or supervisor, authorised in
this behalf by the licensee. The number of persons
working in any examination room shall not be more than the number of workers
based on a ratio of 35 square feet of floor area per person. Tables and racks used in
connection with the handling or examination of film shall be of metal or other
non-combustible martial. Tables shall not be provided with rakes or shelves
underneath them which might be used for keeping film. Film shall always be kept
in prescribed containers except when it is being examined, repaired, cleaned,
waxed or rewound. Aisle space shall not be
less than 30 inches clear, where walking in the room, Or rooms, used for the
storage or handling of film, is necessary. Any room, or rooms in which two or
more persons work together at the same time shall have two or more exits remote
from each other. Such exits shall open outwards. Inflammable cement, such
as compounds of collodion, amyl acetate, etc., shall not be kept in any vault,
storage shed, or examination room in quantities greater than one quart at any
one time. No work shall be permitted
between sunset and sunrise in any vault, storage shed, or examination room,
except where approved electric lighting as specified in rule 28 is exclusively
used. (a)
All lights in vault, storage shed
or examination room shall be at the ceiling and of the fixed type. They shall
be fitted with substantial, outer protecting vapour proof globes and equipped
with keyless sockets. All switches, fuses, plugs, sockets, electric meters and
distribution boards shall be installed outside the vault, storage shed or
examination room. All frames shall be effectively earthed. (b)
All electric wiring and equipment
shall conform to the Regulation of Electrical Equipment of Building framed by
the Institution of Electrical Engineers. All electric wiring shall be in
gas-light screwed conduits which shall be electrically and mechanically
continuous throughout, and effectively earthed outside the building. (c)
Portable electrical lights on
extension cords shall not be used in any vault, storage shed or examination
room. No person under the age of
15 years shall be employed in or allowed to enter any premises licensed under
these rules. Copies of the preceding
rules in this chapter and of the conditions of the licence shall be exhibited
in a conspicuous place in every licensed premises. Nothing in rule 18 shall
apply to film in the possession of Indian Forces. CHAPTER IV LICENCES (1)
A person wishing to obtain or to
renew a licence prescribed under these rules shall submit an application in
writing to authority empowered to grant such a licence. (2)
Every application for the grant
or renewal of a licence to store film shall be in Form B. (i)
Licences for storage may be
granted by the licensing authorities set forth in Schedule III in the forms
prescribed for the purposes, and on payment of the fees, specified therein.
Where the licensing authority is the Chief Inspector, a copy of the licence
shall be forwarded to the District Authority for his record. (ii)
Every licence granted or renewed
under these rules shall remain in force until the 31st day of December of the
year for which the licence is granted or renewed : Notwithstanding anything
contained in this rule, the licensing authority where it is satisfied that a
licence is required for a specified work or festival which is not likely to
last up to the 31st day of December of the year for which the licence is
granted or renewed may grant or renew a licence for such period as is actually
necessary : Provided that the date so
specified does not extend beyond th 31st day of December, following the date on
which the licence is granted or renewed. (iii)
Where the licensing authority is
the Chief Inspector, an applicant for the new licence may apply to the District
Authority for a certificate to the effect that there is no objection to the
applicant receiving a licence for the site proposed and the District Authority
shall, if he sees no objection, grant such certificate to the applicant who may
forward it to the Chief Inspector with his application in Form B. (iv)
The Chief Inspector may refer an
application not accompanied by a certificate granted under sub-rule (iii) to
the District Authority for his observations. (v)
If the District Authority, either
on a reference being made to him or otherwise, intimates to the Chief Inspector
that any licence which has been applied for should not in his opinion be
granted, such licence shall not be issued without the sanction of the Central
Government. (vi)
In the case of a licence granted
for storage, one copy of the plan or plans of the storage premises signed in
token of approval by the licensing authority shall be attached to the licence
and one copy shall be filed for record in the office of the licensing
authority. Every licence granted
under these rules shall be held subject to the conditions endorsed on it and
shall contain all the particulars which are contained in the form prescribed
for it by these rules. (1)
Notwithstanding anything
contained in rule 34, the licensing authority, at the time of issuing a licence
may omit, alter or add to any of the conditions specified in the prescribed
form of licence. (2)
The power conferred by sub-rule
(1) shall not be exercised by the District Authority without the prior
concurrence of the Chief Inspector. (1)
Any licence granted under these
rules may be amended by the authority granting such a licence, provided that
the amendments shall not be inconsistent with any rule in this chapter. (2)
A licensee who desires to have
his licence amended shall submit it to the licensing authority with an
application stating the nature of the amendment and the reasons therefor. (3)
The fee for the amendment of a
licence shall be two rupees plus the amount (if any) by which the fee that
would have been payable if the licence had originally been issued in the
amended form exceeds the fee originally paid for the licence. (1)
A licence may be renewed by the
authority empowered to grant such a licence : provided that a licence which has
been granted by the Chief Inspector may be renewed without alteration by an
Inspector of Explosives duly authorised by the Chief Inspector in this behalf. (2)
Every application for the renewal
of a licence shall be made so as to reach the licensing authority at least 30
days before the date on which the licence expires, and, if the application is
so made, the premises shall be held to be duly licensed until such date as the
licensing authority renews the licence or until an intimation that the renewal
of the licence is refused has been communicated to the applicant. (2-A) Every application
under sub-rule (2) shall be accompanied by the licence which is to be renewed
together with the approved plans attached thereto, and the original treasury
receipt showing the deposit of the renewal fee under the correct head of
account. (3)
The same fee shall be charged for
the renewal of a licence as for the grant thereof: Provided that if the
application for renewal is not received within the time specified in sub-rule
(2), the licence shall be renewed only on payment of double the fee ordinarily
payable for the licence. (1)
A licensing authority refusing to
grant, amend or renew a licence, shall record his reasons for such refusal in
writing. (2)
A copy of the order containing
the reasons for such refusal shall be given to the applicant on payment of a
fee of two rupees. (1)
Every licence granted under these
rules shall be liable to be cancelled by order of the licensing authority for
any contravention of the Act, or of any rule thereunder, or of any condition
contained in such licence. (2)
A licensing authority cancelling
a licence shall record his reasons for so doing in writing. (3)
A copy of the order containing
the reasons for the cancellation of a licence shall be given to the holder of
the licence on payment of a fee of two rupees. (1)
An appeal shall lie against any
order refusing to grant, amend or renew a licence or cancelling a licence- (a)
to the Central Government where
the order is passed by the Chief Inspector, and (b)
to the immediate official
superior to the District Authority, if the order is passed by the District
Authority. (2)
Every appeal shall be in writing
and shall be accompanied by a copy of the order appealed against and shall be
presented within 60 days of the order passed if preferred to the Central
Government, and within 30 days in the other case. With every licence granted
for the storage of film, a copy of rules 18 to 30 in Chapter III shall be given
free of charge to the licensee. (1)
The holder of a licence for the
storage of film may, at any time before the expiry of the licence, apply for
permission to transfer his licence to another person. (2)
Such application shall be made to
the licensing authority who shall, if he approves of the transfer, enter upon
the licence, under his signature, an endorsement to the effect that the licence
has been transferred to the person named. (3)
A fee of two rupees shall be
charged on each such application. (4)
The person to whom the licence is
so transferred shall enjoy the same powers, and be subject to the same
obligations under the licence as the original holder. (1)
If a licensee dies or becomes
insolvent or otherwise disabled, the person carrying on the business of such
licensee shall not be liable to any penalty or confiscation under the Act or
these rules for exercising the powers granted to the licensee by the licence
during such time as may reasonably be required to allow him to make an
application for a new licence in his own name for the unexpired portion of the
original licence. (2)
A fee of two rupees shall be
charged for a new licence for the unexpired portion of an original licence
granted to any person applying for it under this rule. Where a licence granted
under these rules is lost or accidentally destroyed, a duplicate may be granted
on payment of a fee of rupees five. (1)
Every application under this
Chapter shall be accompanied- (i)
if in respect of a licence
granted or to be granted by the District Authority, by the appropriate fee in
cash or by cheque, and (ii)
if in respect of any other
licence, by a treasury receipt showing that the appropriate fee has been paid
into the local treasury under the head of account XXXVI-Miscellaneous
Departments (Central) Miscellaneous Explosives. (2)
If an application for the grant,
renewal or amendment of a licence is rejected, the fee paid shall be refunded
by the District Authority, or, if it has been paid into a treasury, by that
treasury on the production of a signed order form the licensing authority
directing such refund. The Central Government
may, by general or special order, grant exemption from, or reduction of, any
fee payable under these rules. (1)
Every person holding, or, acting
under a licence granted under these rules shall produce it, or an authenticated
copy of it, at the place to which the licence applies, when called upon to do
so by any Inspector. (2)
Copies of any licence may, for
the purposes of this rule, be authenticated free of charge by the authority
which granted the licence. The District Authority
shall inform the Chief Inspector of the action taken by him on any report of
infringement of the Act or of these rules or of any condition, contained in a
licence which the Chief Inspector may make to him. Every authority other than
the Central Government acting under this chapter shall perform his duties
subject to the control of the Central Government: Provided that nothing in
this rule shall be deemed to affect the powers of executive control of the
Chief Inspector over the officers subordinate to him. Specification
for a partition [Vide
Rule 3(f)] (1)
A partition shall be constructed
either of- (i)
standard hollow cement blocks
laid in cement mortar or lime mortar not less than 12 inches thick and
plastered on both sides with not less than 1/2 inch of cement mortar; or (ii)
of good quality bricks not less
than 13 1/2 inches thick laid in cement mortar or lime mortar and plastered on
both sides with not less than 1/2 inch cement mortar; or (iii)
of reinforced cement concrete of
1 : 2 : 4 : proportion having a thickness not less than 6 inches and plastered
on both sides with not less than 1/2 inch cement mortar. (2)
Portions shall be continuous from
floor to ceiling and securely laid so as to ensure a film bound with the walls,
floor and ceiling. SCHEDULE
II Specification
for a transport box [Vide
Rule 9] (A)
Specification of Wood-lined Galvanized Iron Boxes for the conveyance of
Cinematograph Films, Inflammable (Nitrocellulose
base). 1.
The boxes must be rectangular,
metal cases measuring not more than 30 inches by 16½ inches by 16 inches
inside. 2.
They must be made of galvanized
iron of not less thickness than .022 of an inch (No 25 B. G.) for the smaller
cases to hold one or two prescribed containers, and not less than .028 of an
inch (No. 23 B.G.) for the larger sizes. All the corners of the sides and
bottom to be strengthened by folded seams. The top of the body to have wired
edges turned inwards. The
hinges must be turned down all round for a depth of 1- inches. It must fit over
the body of the case and have wired edges turned outwards. It must be attached
to the body by two strong hinges firmly riveted to both body and laid and
fastened by stout wire hasps fitting over iron staples riveted to the front of
the case. Each hasp and staple must be locked either by a padlock or by a spring
safety hook permanently attached to the staple by a short length of stout
chain. Cases
for one or two prescribed containers need only have one hasp-and-staple
fastening; other sizes must have two. The
case may be fitted with a hinged wire handle. 3.
A thin metal lable frame, open at
the top, must be riveted to the case in such a position that the top edge of
the label frame is covered by the lid when closed. 4.
All the boxes must be completely
lined with 3-plywood, celoten or other approved material fastened by rivets to
the lid and the body of the case. 5.
The following words must be
painted in a distinctive colour on the lid, viz., "CINEMA FILMS" in
one inch block letters and "KEEP IN COOL PLACE" in letters of 3/8
inch depth. No other lettering to appear on the lid. The name and address of
the owners may be painted on the sides or ends. Note.-(i)
Cinematograph film boxes fitted with the clip fastening instead of the hasp and
staple may be accepted. (ii)
Cinematograph film boxes made of tern-plated (leadcoated iron or steel) or
aluminium painted or japanned iron (in lieu of galvanized iron) may be accepted
provided the iron is of not less thickness than that named in the above
specification and the boxes are kept in good condition, the lettering being
renewed whenever necessary; the other conditions named in the specification
must be adhered to. (iii)
Cinematograph film boxes imported from the United States complying with- (a) the
Bureau of Explosives Permit No. 39; (b) Inter-State
Commerce Commission Specification No. 32-A; (c) Inter-State
Commerce Commission Specification No. 32 B (on condition that the linings is
permanently fixed); and marked respectively as follows, may be accepted in this
country, provided they are in good condition and securely fastened: (i) (ii) (iii) Approved
Package I.C.C. Paragraph
36 (c) B.E. Permit No.
39 I.C.C. 32-A I.C.C. 32B (iv)
Standard boxes for the conveyance of cinematograph films may be accepted when
fitted with- (a) Messrs
Fromant & Sons Patent Lock, consisting of a screw bolt which passes through
the lid and front of the box; and (b) The
"Philba" Box Fastener which consists of a locking bar affixed to the
top of the lid of the box engaging with groves on studs which are fitted at
each front corner of the box projecting through holes in the lid. (B)
Alternative Specification of Wood-lined Galvanized Iron Boxes for the
conveyance of cinematograph films : Inflammable (Nitrocellulose base) 1.
The boxes must be cylindrical in
shape, measuring not more than 13 1/2 inches high by 11 3/4 inches external
diameter, wood lined throughout. 2.
They must be made of galvanized
iron of not less thickness than .025 of an inch (No. 24 B.G.) for the smaller
cases to hold one or two prescribed containers and not less than .031 of an
inch (No. 22 B.G.) for the larger size. The bottom must be strengthened by
folding seams. The top of the body must have a wired edge turned outwards. The
lid must be turned up all round to a depth of one inch and must have wired edge
turned outwards. When placed in position it must fit closely all round the body
of the case. It must be kept in position in the body by a strong iron tongue,
firmly riveted to the lid, passing through a slot just below the wired edge of
the body and must be fastened on the opposite side by a stout metal hasp hinged
to the body and fitting over an iron staple on the lid. The hasp and staple
must be secured by a padlock and a spring safety hook permanently attached to
the lid by a short length of stout chain. A hinged wire handle for lifting must
be attached to the centre of the lid. 3.
A thin metal label frame open at
one end, must be riveted to the lid in such position that the open end of the
label frame is covered by the hasp when closed. 4.
All the boxes must be completely
lined with wood of at least 1/4 inch thickness fastened by rivets to the lid
and body of the case. 5.
The following words must be
painted in a distinctive colour on the lid, viz., "CINEMA FILMS" in
one inch Block letters, and "KEEP IN COOL PLACE" in letters of 3/8
inch depth. No other lettering to appear on the lid. The name and address of
the owners may be painted on the body of the case. Licences [vide Rule 33 (i)] Article
No. Form
of licence See Schedule (IV) Purpose
for which granted Authority
empowered to grant licence. Fee 1 C To
store film in quantity not exceeding 200 pounds at any one time. The
District Authority. For
Articles 1, 2 and 3-When the quantity to be stored does not exceed 100 pounds-Rs.-20. 2 D To
store film in quantity exceeding 200 pounds but not exceeding 1,000 pounds at
any one time. The
Chief Inspector. When
the quantity to be stored exceeds 100 pounds but does not exceed 1,000 pounds-Rs.
20 for the first 100 lb.+Rs. 10 for every additional 100 lb. or part thereof. 3 E To
store film in quantity exceeding, 1,000 pounds at any one time. The
Chief Inspector. When
the quantity to be stored exceeds 1,000 pounds but not exceeding 6,000 lb.- Rs.
110 for the first 1,000 lb. + Rs. 5 for every additional 100 lb. or part
thereof subject to a maximum of Rs. 350. 4 F To
store film in cases not provided for in Articles 1, 2 and 3. The
Chief Inspector. Such
fee as the Licensing Authority may prescribe.CINEMATOGRAPH FILM RULES, 1948
PREAMBLE