GUJARAT CINEMAS (REGULATION) RULES, 1954

CHAPTER I PRELIMINARY

Rule - 1. Short title and application.

(1)     These rules shall be called the Gujarat Cinemas (Regulation) Rules, 1954.

(2)     They shall, save as expressly provided otherwise, apply to, and in relation to all cinemas in the State of Gujarat.

(3)     These rules shall come into force on 1st January, 1954.

Rule - 1-A. Application of rules of Saurashtra and Kutch areas of the State of Gujarat.

These rules shall, save as expressly provided, otherwise also apply to, and in relation to all cinemas in the Saurashtra and Kutch areas of the State of Gujarat with effect on and from 1st March, 1963 and shall come into force in those areas from that date.

Rule - 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context,

(a)      "the Act" means the Bombay Cinemas (Regulation) Act, 1953.

(b)      "Cinema" means any place wherein an exhibition by means of cinematograph is given.

(bb) "Drive in cinema" means a cinema with open air theatre premises into which admission may be given normally to persons desiring to view the cinema while sitting in motor cars. However, where an auditorium is also provided in a drive-in-cinema premises, persons other than those desiring to view the cinema while sitting in motor cars can also be admitted. Such drive-in-cinema may have a capacity to accommodate not more than 1000 cars.

(c)      "Enclosure" means the separate room or cabin provided under Rule 22 in which cinematograph machine or machines are housed.

(cc) "Executive Engineer" includes the Assistant Engineer or Deputy Engineer-in-Charge of the area in which the cinema premises are situated.

(d)      "Form " means a Form appended to these Rules.

(dd) "Health Officer" includes the District Health Officer, or District Medical Officer or District Medial Officer of Health having jurisdiction over the area in which the cinema is situated.

(ddd) "Janata cinema" means a cinema erected after the commencement of the Bombay Cinema (Gujarat Amendment) Rules, 1979 and located in a village or a town, the population of which as ascertained at the last preceding census is not more than 30,000.

(e)      "Licensee" or "holder of licence" includes the managers or managers nominated under Rule 117.

(e-i) "Municipality" means

(i)       a corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949, or

(ii)      a Municipality constituted under the Bombay Municipal Borough Act, 1925 or the Bombay District Municipal Act, 1901 as in force in the Bombay area, Saurashtra area or Kutch area or the State of Gujarat as the case may be.

(ee) "Motor Car" means a motor car as defined in clause (16) of Section 2 of the Motor Vehicles Act, 1939 (IV of 1939).

(f)       words and expressions used in the Act and not defined in these rules shall have the meaning assigned to them in the Act.

CHAPTER II NO OBJECTION CERTIFICATE

Rule - 3. Application for "No-objection Certificate".

(1)     No person under 18 years of age shall be entitled to obtain or hold any licence under these Rules.

(1-a) No person shall be granted a "No-objection Certificate" unless he proves to the satisfaction of the Licensing Authority that he has a right to use the proposed site for erection of cinema.

(2)     Any person desirous of erecting a cinema or converting existing premises into a cinema shall first make public his intention to do so by exhibiting a notice in Form "A" on a board on the proposed site in such a position that it can be plainly seem from the public thoroughfare upon which the site of such proposed cinema abuts. The notice shall be in the language of the locality.

The notice on the Board shall be maintained on the site until the matter is decided by the Licensing Authority.

The board shall be at least 1.30 metre x 0.90 metre in size and the notice shall be exhibited thereon in bold and clearly legible letters.

(3)     Such person shall also give a notice in writing to the Licensing Authority and make an application to the Licensing Authority for the grant of a "No-objection Certificate", specifying therein whether the application is in respect of a permanent cinema, touring Janata Cinema or a drive-in-cinema. The application shall be accompanied by two copies of the plan of the proposed site drawn to a scale of one centimetre equal to ten metres and shall clearly indicate (a) the surrounding roads including the approach roads and the width of each such road in metres; and (b) surrounding buildings which exist within a radius of 200 metres in the case of a touring cinema, 100 metres in the case of Janata Cinema and one kilometre in the case of drive-in cinema from the centre of the proposed site.

Schools, Colleges, Hospitals, Temples and other religious and public places etc., lying within the radius of 200 metres in the case of permanent or touring cinema, 100 metres in the case of Janata Cinema and one kilometre in the case of drive-in-cinema, should be clearly indicated in the plan, together with exact distances of each in metres from the centre of the site.

"No person shall be granted a "No-objection Certificate' if the proposed site for erection of a cinema,

(a)      in the case of a permanent or touring cinema, is within a radius of 200 metres;

(b)      in the case of a Janata Cinema, is within a radius of 100 metres ; and

(c)      in the case of a drive-in-cinema, is within a radius of one kilometre, from any school, college, hospital, temple or such other public or religious place."

Rule - 4. Licensing Authority to invite objections.

On receipt of such notice, the Licensing Authority shall at the cost of the applicant notify the public of such intention in such manner by publication in newspapers or otherwise as he may deem fit for the purpose of inviting objections. A notification for inviting objections shall be issued by the Licensing Authority in Form "B" and shall specify the period within which objections shall be lodged with the Licensing Authority.

The Licensing Authority shall also consult the Executive Engineer, the District Superintendent of Police and the local authority in respect of the proposed site.

Rule - 5.

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Rule - 6. Grant of "No-objection Certificate".

(1)     Without prejudice to the right of the Licensing Authority to refuse or grant a cinema licence under Rules 103 and 104 the Licensing Authority ma, grant certificate to the applicant that there is no objection to the location of the cinema at the site notified by the applicant under Rule 3.

(2)     Validity of "No-objection Certificate". The "No-objection Certificate" shall be in Form "D" and shall be valid, in the case of permanent cinema including Janata Cinema and drive-in-cinemas for a period of two years from the date of issue, for the purpose of commencement of the construction of the building or structure to be used as the cinema and in the case of touring cinemas, for a period of six months from the date of its issue for the purpose of putting up such cinema :

Provided that Government may, for reasons to be recorded in writing, extend, in any special case, the said period of two years, or, as the case may be, six months for such further period as the circumstances of the case below may seem to it to require.

Explanation 1. The Licensing Authority may, on an application being made to him in this behalf, dispense with the procedure in 3 and 4 in respect of the camp sites of a touring cinema if, in respect of such camp sites way touring cinema has been allowed to camp there on a previous occasion.

Explanation 2. If a dispute arises whether in the case of any permanent cinema including a Janata Cinema or drive in cinema the construction of the building or structure to be used as a cinema can be said to have commenced or not it shall be decided by the Licensing Authority.

Rule - 7. [Fees for "No-objection Certificate".

(1)     The following fee shall be levied in respect of each application made to the Licensing Authority for the grant of NO OBJECTION CERTIFICATE under sub-rule (3) of Rule 3, namely :

(2)     The fees specified in sub-rule (1) shall be paid to the Licensing Authority along with the application under sub-rule (3) of Rule 3 and shall not be refunded whether the "No-objection Certificate" is granted or not.

Explanation. No fee shall be chargeable in respect of "No-objection Certificate" issued to a touring cinema in respect of the camping sites other than the first][2].

CHAPTER III BUILDING

Rule - 8. Building Rules.

No cinema shall be licensed under these rules unless the Cinema conforms to the rules laid down in this Chapter :

Provided that Rules Nos. 9, 13, 14, 15, 16, 17, 20 (1), 20 (2), 21, 22 and 23 only shall apply in the case of touring cinemas.

Rule - 8-A. Area of the permanent cinema.

(1)     Notwithstanding anything contained in the provisions of any bye-law, or Rule of a local authority or any town planning scheme one-half of the area of the plot on which a cinema is to be constructed shall be kept as an open space.

(2)     A margin of not less than 7.5 metres wide open space all along the front of the cinema building and a margin or not less than 5 metres wide open space on other three sides of he building shall be kept.

(3)     Adequate seating arrangements for the members of the public visiting the cinema shall be made outside the auditorium and in the open space round the cinema building.

(4)     Nothing in sub-rule (1) shall apply to the premises where whole cinema theatre is constructed on cement concrete pillars and the space underneath such theatre is used for parking of vehicles and to the premises duly licensed for use for cinematograph exhibition before the coming into force of the Bombay Cinema (Gujarat Second Amendment) Rules, 1973.

[3](5) * * *

Rule - 8-B. Parking space.

(1)     In every cinema parking space for vehicles shall be provided on the following scale.

(a)      In city of Ahmedabad :

(i)       Parking space for four motor cars for every one hundred seats in the auditorium.

(ii)      Parking space of one motor cycle or scooter for every ten seats in the auditorium.

(iii)     Parking space for one cycle for every ten seats in the auditorium.

(b)      In the cities of Vadodara, Bhavnagar, Nadiad, Jamnagar, Rajkot and Surat :

(i)       Parking space for three motor cars for every one hundred seats in the auditorium.

(ii)      Parking space of one motor cycle or scooter for every ten seats in the auditorium.

(iii)     Parking space for one cycle for every ten seats in the auditorium.

(c)      In other places

(i)       Parking space for one motor cars for every one hundred seats in the auditorium.

(ii)      Parking space for 2 motor cycle or scooter for every one hundred seats in the auditorium.

(iii)     Parking space for 8 cycles for every one hundred seats, in the auditorium :

Provided that in the case of Ahmedabad City if the bye-law or rule of the Corporation of such city or the Town Planning Scheme of such city prescribed parking space on a higher scale and in other places if the bye-law or rule of the local authority of such place or the Town Planning Scheme of such place prescribed parking space, whether on a higher scale or a lower scale, the provisions of such bye-law, rule or Town Planning Scheme shall prevail:

Provided further that nothing in this rule shall apply to premises duly licensed for use of cinematograph exhibition before the coming into force of the Bombay Cinema (Gujarat Second Amendment) Rules, 1973:

Provided further that, save as otherwise provided in Chapter III- A, the rules in this Chapter shall not apply to a drive-in-cinema.

[4](2) * * *

Rule - 9. Structure to be fire-proof.

(1)     All cinemas shall be enclosed within proper external or party walls of bricks, stone or concrete (plain, hollow or reinforced) and the floors, tiers and roof of the auditorium and all parts used by the public shall be constructed of fire-resisting material.

(1-A) The material used for ceiling shall comply with the fire resisting test and grading as laid down in the Indian Standards Institute's "Code of practice for fire safety of Buildings General Material and details of construction pamphlet No. IS-1642-1960, as amended from time to time".

(2)     Nothing in sub-rule (1) shall apply to premises in any area duly licensed for use for cinematograph exhibition the coming into force of these rules in that area :

Provided that the ceiling in such premises, if not made of fire resisting material shall be replaced by fire resisting material.

"(3) Nothing in sub-rule (1-A) shall apply in the case of a Janata Cinema".

Rule - 9-A. Building material in touring cinema.

In the case of touring cinemas the external walls shall consist of tarpaulin or thick hessian soaked in fire resisting solution. Such cinema need not have a roof over the auditorium but where there is a roof, it shall either be of tarpaulin or of any other materials which shall comply with the standard specified in sub-rule (1-A) of Rule 9.

Rule - 10. Construction.

(1)     No cinema shall be constructed underneath or on the top of any other building :

Provided that the State Government may exempt the construction of any cinema, from the provisions of this sub-rule, having regard to the safety, convenience and well being of the public.

(2)     No space shall be allowed under the floor of the auditorium except in the case of where a sound-roof proof of cinema is constructed on a cement concrete structure :

Provided that where the whole cinema theatre or the auditorium and the stage are constructed on cement concrete pillars, it shall be lawful to use the space underneath such theatre or the auditorium and the stage for parking of vehicles.

(3)     The floor, roof, private boxes, balconies, galleries, tiers partitions, ventilators and every room, lobby, corridor, staircase and passage devoted to the use of the public shall be constructed of fire-resisting materials. Not wooden posts shall be allowed for the support of galleries and tiers.

(4)     No soft wood or other inflammable wall linings, partitions, screens or barriers shall be used in any part of the auditorium and no cavities shall be left behind any linings.

(5)     The fronts of private boxes and each tier shall be formed of fire-proof material, except the capping of boxes which may be of wood.

(6)     Nothing in this rule shall apply to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area :

Provided that any space under the auditorium and stage in such premises where it exists, shall not be rented or used as godowns but may be used for storing cinema implements, such as advertisement boards, trollies, etc., if they are properly arranged and taken care of.

Rule - 11. Height of tiers.

Where the first tier or balcony extends over any part of the auditorium the height between the floor of the auditorium and such tier or balcony shall not be at any part less than 3 metres; the floor of the highest part of such tier or balcony and the lowest part of the ceiling over the same shall not be less than 3.5 metres. The height between the several tiers shall in no case be less than 2.5 metres :

Provided that nothing in this rule shall apply to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area.

Rule - 12. Entrance and exit to be on public thoroughfare.

Cinema shall have a road frontage on the public thoroughfare upon which the site of such cinema abuts and in such frontage there shall be suitable means of entrance and exit for the public. In addition, entrances and exits shall be reserved for service in case of emergency opening on two separate and distinct passage leading either to the said public thoroughfare or to other suitable thoroughfare and such passages shall not be less than 1.5 metres in width.

Rule - 13. Exits.

(1)     Two separate exits not opening on the same thoroughfare of public passage, shall be provided from the stage and from the auditorium floor and from every tier which accommodates not more than 500 individuals ; and where the auditorium floor or any tier accommodates more than 500 individuals exits shall be provided that the rate of one for every 250 individuals and one for any less number in excess. Each of such exits shall be of not less than 1.5 metre in width between the leave of the door when open.

(2)     A common place of egress may serve as the exit for the floor of the auditorium and the first tier, provided its capacity by equal to the aggregate capacity prescribed by sub-rule (1) for the necessary outlets from such floor and tier.

(3)     For any auditorium floor or any tier which does not accommodate more than 300 individuals two metre-exits shall be considered sufficient.

(4)     If any auditorium floor or any tier shall be divided into two or more parts exits as prescribed in sub-rule (1) shall be provided for such part.

(5)     The licensee of the cinema shall not prevent the public to leave by any exit door.

Rule - 14. Seating.

[5][(1) No part of the auditorium shall provide accommodation exclusive of passage at a higher scale than 20 persons per 9 square metres.]

(A)     "in the case of cinemas other than the Janata Cinemas and at a higher scale than 25 persons per 9 square metres in the case of the Janata Cinemas".

(2)   All seats in the auditorium, excepting those contained in private boxes shall be firmly secured to the floor. Chairs with folding seats shall be provided wherever required by the Licensing Authority, Where benches are provided, the benches shall have arms suitably fixed so that each seat is separate.

(3)   In all cases there shall be an interval of at least 30 centimetres between the back of one seat and the front of the seat and the front of the seat immediately behind measured between perpendiculars.

(4)   The distance between the screen and the front row of seats should not be less than the width of the screen itself :

Provided that in respect of cinema theatres where cinematograph or some other similar modern technique is installed for screening of films, the distance to be left between the screen and the front row of seats should be not less than 3/4 of the effective width that is, the actual picture width on the screen of the films to be exhibited where however, 70 mm. pictures are to be screened the distance to be left between the screen and each seat in the very front row of seats should not be less then 11.40 metres.

(5)   The seats in the auditorium should be arranged in the manner of an arc, the concave edge of which faces the screen.

(6)   Nothing in sub-rule (1), sub-rule (2) so far as it relates to benches, sub-rule (3) and sub-rule (5) shall apply to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in the area.

(7)   Nothing in sub-rules (2), (3), (5) and (6) shall apply to touring cinemas.

Rule - 15. Gangways.

(1)     A clear passage or gangway shall be formed at the sides and down the centre of the seating in every part of the auditorium in such manner that no seat shall, in the case of cinema other than the Janata Cinema, be three or more metres distant, and in the case of the Janata Cinemas four or more metres distant, from a passage or gangway measured in the line of seating.

The central passage or gangway shall be at least 1.20 metre wide and those at the sides shall be at least 0.90 metre wide each :

Provided that nothing in this sub-rule shall apply to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules.

(2)     Where possible, gradients or inclined planes shall be used instead of steps but not gradient or inclined plane shall be steeper than 1 in 10.

Rule - 16. Doors.

(1)     All doorways for the use of the public shall be at least 1.35 metres wide in the clear. All doors must open outwards to lie flush with the outside of the wall.

(1-A) Nothing in sub-rule (1) shall apply to touring cinemas and to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area so long as the minimum space for exits, in accordance with the provisions of Rule 13, is provided for in such premises.

(2)     All doors used by public may be kept closed but not bolted during a performance or exhibition, provided an attendant is placed in charge of each such door whose duty it shall be to throw open the door in case of emergency.

Rule - 17. Width of corridor, etc.

No staircase, landing lobby, corridor or passage, not being an internal passage between rows of seats, intended for use as an exit shall be less than 1.5 metre wide and there shall be no recesses or projections in the walls of such passages, gangways, or corridors within 1.5 metre of the ground :

Provided that nothing in this rule shall apply to premises duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area.

Rule - 18. Staircases.

(1)     All staircases shall be constructed entirely of the bricks, stone, cement of concrete with fire-resisting roof and ceiling and shall have solid square (as distinguished from spandrill) steps and landings for approved stone or of such other fire-resisting material and construction as may be approved by the Licensing Authority with treads not less 28 centimetres side and with risers of not more than 15 centimetres high (each lapping at least 2.5 centimetres over the back edge of the steps below it) in flights of not more than 15 of less than 3 steps.

(2)     The treads and risers of steps of each flight shall be of uniform width and height.

(3)     The several flights of such steps shall be properly supported and enclosed to the satisfaction of the Licensing Authority.

(4)     No staircase shall more than two flights of 15 steps without a turn and the width of the landing between such flights shall be at least the same as the width of the staircase.

(5)     The floors of all landings shall be less than 15 centimetres thick.

(6)     Every staircase forming an exit from an upper gallery or tier of the auditorium shall be enclosed on both sides with walls of brick or of fire-proof materials in the storeys through which it passes, the no openings shall be made in the auditorium except the one required for exit from the gallery or tier which it serves, provided that staircases leading to the first or lower gallery or tier may be left open on one side, in which case the open side shall be provided by stout handrails and balustrades, but in no case shall staircases be left open on both sides.

(7)     All enclosed staircase shall have on both sides strong handrails firmly secured to the wall by strong metal brackets about 7.5 centimetres clear therefrom and about 90 centimetres above the stairs but such handrails shall not run on level platforms and landing where the same is more in length than the width of the stairs.

(8)     Where the flight of steps returns upon itself the newel wall shall be chased so as to allow the handrails to turn without projecting over the landing.

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

(10)   There shall be no recesses or projections in the wall of such staircases within 1.5 metre of the floor and any fitting shall be at least 2.03 metres above the steps of landing.

(11)   Nothing in this rule shall apply to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area.

Rule - 19. Ventilation.

(1)     The area of the window, door and ventilator opening shall not be less than one-fifth of the total floor area and the windows and ventilators shall be of such dimensions, in such number and in such situation as the Executive Engineer concerned shall specify.

(2)     Mechanical appliances such as exhaust fans shall be used to expel air at the rate of 14.15 cubic metres or more per person, at least three times in an hour, provided that the Licensing Authority in consultation with the Executive Engineer and the Health Officer concerned may relax the condition laid down in this rule regarding the total door and window area, in the case of the cinemas where exhaust fans have been provided.

(3)     Where a cinema has an air-conditioning plant shall be approved by the Electrical Inspector. It shall also be ensured by the licensee that the air-supply fan of adequate capacity is affixed to the air handling unit. Such air supply fan shall be suitable to meet ventilation requirement of auditorium and shall be kept in working condition to ensure circulation of full quantity of fresh air to avoid suffocation in the auditorium in case of failure of the air-conditioning unit.

(4)     Nothing in sub-rule (2) shall apply to a cinema having an air-conditioning plant.

Rule - 20. Sanitary conveniences.

(1)     Every cinema shall be provided with sufficient and separate water closet or party accommodation as also urinal accommodation for the use of males and females.

(2)     In the case of cinema within the limits of Municipality suitable urinals as approved by the Municipality at the rate of not less than 2 per cent, and latrines at the rate of not less than 1/2 per cent of the number of individuals to be accommodated in such premises shall be provided in suitable places. Separate accommodation shall be provided for males and females. They shall be so constructed as to cause no nuisance.

(3)     Where the auditorium consists of more than one floor, latrines and urinals at the above scales shall be provided for each floor, provided that a minimum of one latrine and one urinal shall be provided on each floor.

(4)     If in the case of any cinema constructed

(a)      [Deleted].

(b)      In the Bombay area of the State of Gujarat before the 20th day of December 1950.

(c)      In the Saurashtra and Kutch areas of the State of Gujarat before the 1st day of March, 1963.

The Licensing Authority is satisfied that urinals and latrines cannot be conveniently provided at the rates specified in sub-rule (2) or (3), such cinema may provide such scale of urinals and latrines as were prescribed immediately before the date specified in clause (b) or (c), as the case may be.

(5)     Sub-rules (1) and (2) shall be applicable to touring cinemas subject to the condition that the construction of urinals and latrines shall be of temporary nature and shall be such as may be approved by the Executive Engineer and the Health Department Officer concerned.

Rule - 21. Enclosure for the projector.

(1)     Subject to sub-rule (3) of the Rule for the use of the cinematograph machine, there shall be provided in each permanent and quasi-permanent cinema an independent permanent enclosure of sufficient dimensions to allow the operator to work freely. The enclosure shall be substantially constructed of fire-resisting material or be lined with such material.

(2)     The entrance to the enclosure shall be fitted with a closely-fitting door of fire-resisting material suitably placed and opening outwards, and all openings, bushes and joints shall be so constructed and maintained as to prevent, so far as possible, the escape of any smoke into the auditorium. If means of ventilation are provided they shall not be allowed to communicate direct with the auditorium.

(3)     If a permanent enclosure is not available, the cinematograph machine shall be contained in an enclosure formed of a smoke-proof cabin constructed of sheet iron on substantial frame work and fastened together securely. The cabin shall be of sufficient dimensions to allow the operator to work freely, and the floor shall, if boarded, be covered with asbestos or other fire-resisting material of sufficient thickness approved by the Licensing Authority.

(4)     The enclosure shall be placed outside the cinema building, and where such cinema consists of a temporary or quasi-permanent structure the enclosure shall be at a distance of at least 90 centimetres from such structure. Where the Licensing Authority is satisfied that any enclosure if fire-proof and separated from the auditorium by a fire-proof wall or is of opinion that it is impracticable or in the circumstances unnecessary for securing safety that the enclosure should be outside the building at a distance from the structure, as the case may be, he may by express words in the licence dispense with such requirements; provided that a space of 61 centimetres in width at the sides and in the front of the enclosure, and a space of 1.8 metres at the back in which the door is situated shall be kept clear all round the enclosure.

(5)     Openings not exceeding three in number shall be permitted, in the front face of the enclosure, the centre one which must not exceed 29 centimetres square and those in each side 15 centimetres square. Provided that where two machines are jointly used, opening not exceeding five in number shall be permitted, viz., two for the projectors, two for the operators and one for fixed slides. The projector openings must not exceed eight inches square and the other six inches square. Each opening shall be fitted with a screen of fire resisting material capable of being actuated both from the inside and from the outside of the enclosure.

(6)     The necessary pipes and cables shall enter efficiently bushed openings.

Rule - 22. Rewinding room.

A separate room of fire-proof construction shall be provided for film rewinding and the room shall not be used for any other purpose except for storing the films not in use. It shall not, however, be necessary to have a separate room for rewinding films with acetate base.

Rule - 23. Width of cinema screen.

The minimum width of the cinema screen shall be 3.05 metres.

Rule - 24. Skylights.

Ally skylights which may be liable to be broken shall be protected by stout galvanized iron wire guards securely fixed on the outside of such skylights.

Rule - 25. Lightning conductors.

Lighting conductors shall be provided in each cinema building.

CHAPTER III-A SPECIAL PROVISIONS RELATING TO DRIVE-IN-CINEMA

Rule - 25-A. Licence for drive-in-cinema.

No drive-in-cinema shall be licensed under these rules unless such cinema conforms to the rules laid down in this Chapter and to rules 20 and 21 of Chapter III :

Provided that if an auditorium is also constructed in the premises of a drive-in-cinema for people without motor cars to view the films by sitting in chairs, such auditorium shall be constructed, so far as may be, in accordance with rules relating to construction of an auditorium contained in Chapter III.

Rule - 25-B. Requirements of drive-in-cinema.

A drive-in-cinema shall be constructed so as to conform to the following requirements :

(1)     A drive-in-cinema shall have a road frontage on a public thoroughfare 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 sufficient space shall be provided for the motor cars waiting to enter the premises. The space shall be sufficient to hold at least 1/5 of the total capacity of the motor cars in the drive-in-cinema and 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 for motor cars shall be provided where the cinema is reconstructed to accommodate more than 600 motor cars. The width of each of the entrance and exit gates shall not be less than 4 metres.

(2)     On the boundaries of the drive-in-cinema either a compound wall of fire-resisting material with a height of not less than 2 metres above the level of the ground adjoining the wall within the compound shall be constructed or the whole compound shall be surrounded by a barbed wire fence and a hedge of bushes.

(3)     The entrance and exit area shall be adequately lighted by floodlights.

(4)     The lateral limitation of the spectator area shall be confined to an angle of 35° 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 arc of a circle with its centre at a distance of 0.6 breadth of the screen, at the back of the screen on the centre line.

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

(7)     The width of one bay accommodating motor cars in a row facing the screen shall not be less than 12 metres.

(8)     A clear passage of not less than 12 metres in width shall be provided on either side of the spectators area.

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

(10)   The size of the picture projected on the screen shall be as specified below, namely :

(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 frame.

(12)   The screen shall be so constructed as to withstand wind velocity of 160 kilometres per hour or a pressure of 120 kilograms per square metre. The screen shall be inclined slightly forward. The maximum inclination shall be 80 with the 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 floodlight to light the spectator area shall be mounted over it.

(15)   The motor car bays shall be uniform by 12 metres wide or 12 metres and 8 metres wide alternatively :

Provided that the first 4 rows shall have 12 metres wide bays.

(16)   Loudspeaker poles shall be provided to serve one motor car each on either side. The distance between the two poles in a row shall not be less than 6 metres. The poles for loudspeakers shall not be embedded in a concrete bases and shall have a light over them so as to indicate their position. The light shall be at the side of the poles turned away from the screen which shall also illuminate the row and place number :

Provided that it shall not be necessary to provide a pole with loudspeaker for 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 metres.

(17)   Separate arrangement for lighting of the rows showing the numbers or the places shall be made.

(18)   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 bays are provided at the back of the projection room also, the area shall be so elevated that proper view is obtained of the screen.

CHAPTER IV ELECTRIC INSTALLATION

Rule - 26. Sanction of the Electrical Inspector concerned to be obtained for all electrical work.

Before the installation of electric light or any apparatus before any alterations or additions to the electric installation are commenced, the sanction of the Electrical Inspector to Government shall be obtained and for this purpose plans showing the approximate position of light, fans, etc., and specifications giving full particulars of the proposed work shall be forwarded to the Electrical Inspector to Government to whom complete drawing shall also be sent on completion of the work.

After completion the work shall be passed by the Electrical Inspector or an Assistance Electrical Inspector :

Provided that in the case of a touring cinema no fresh sanction shall be necessary if the electric installation is carried out in accordance with the plans sanctioned at any previous camp of such cinema :

Provided further that if the owner of such cinema desires to make any variation in the plan so sanctioned he may apply to the Electrical Inspector or Assistant Electrical Inspector concerned for sanctioning such variation.

Rule - 27. High Pressure.

In these Rules the term "High Pressure" shall apply to all voltage above 650 volts.

Rule - 28. Inspection and test.

Where an electric light, fan or other apparatus is installed in a cinema, it shall be on condition that the Electric Inspector or his Assistant shall certify in writing to the Licensing Authority once in every twelve months that the system is in proper working order. Inspection and tests may also be made by any officer appointed by the Electric Inspector from time to time.

Rule - 29. Main circuits.

All cinemas when lighted by electric light shall have preferably three separate and distinct main circuits and these circuits shall be :

(A)     for the stage ;

(B)     and (C) for the auditorium, corridors, exits and other parts of the house open to the public.

The circuits (B) and (C) shall be so arranged that the lights in the auditorium, corridors, exits, etc., shall be as far as possible equally distributed on the two circuits.

The two circuits (B) and (C) shall not be combined in one fitting nor shall the wires or leads for one circuit be placed in the same casing or pipe as those of the other circuit:

Provided that a Janata Cinema when lighted by electric light shall have three phase supply to be devised with minimum circuits for each one for lights, ceiling fans and exhaust fans where fans have been provided, and each such circuit shall not have more than ten points.

Rule - 30. Sub-circuits.

(1)     The main circuits A, B and C shall be sub-divided as may be necessary and no sub-circuits shall be allowed to carry more than 5 amps. in the case of auditorium corridors, etc., or 20 amps. on 230 volts in the case of the stage. Each sub-circuit shall start from a distributing board.

(2)     The main leads, etc., for Circuit "A" shall, where possible, be kept entirely on the Stage side of the proscenium wall and those for "B" and "C" entirely on the auditorium side of that wall.

(3)     The lights inside and outside the premises shall be separate circuits. Circuits for fans, power and cooling purposes shall be kept distinct and separate from lighting circuits.

(4)     Notwithstanding anything contained in sub-rules (1), (2) and (3), the following provisions shall apply to the Janata Cinemas, namely :

(a)      Where the main circuits A, B and C are sub-divided, no sub-circuit shall be allowed to carry more than 7.5 amps. in the case of auditorium, corridors, etc. or 30 apms. on 230 volt in case of the stage. Each sub-circuit shall start from a distributing board.

(b)      Circuits shall be entirely separate from each other.

(c)      The lights inside and outside the premises shall be taken by separate circuit".

Rule - 31. Control of auditorium lights from stage.

If it is desired to control a portion of the lights in the auditorium from the stage switchboard (Circuit A) this will be permitted if a sufficient number of lights for safety purposes be maintained on circuits B and C for each portion of the auditorium entirely independent of the stage. The number and position of such lights shall be subject to the approval of the Electrical Inspector.

Rule - 32. Control of auditorium lights from enclosure.

(1)     In the case of cinemas, it may be permitted to control a portion of the lights in the auditorium by switches placed in the enclosure, provided these switches are of totally closed metal clad type and associated with fuses of not more than 15 amps, capacity at a pressure not exceeding 230 volts. The number and position of such switches shall be subject to the approval of the Electrical Inspector or his Assistant.

(2)     Where fluorescent lights have been provided, a Thyralux or equivalent Thyratron shall be used for the purpose of dimming these fluorescent lights.

Rule - 33. A. C. 3-phase or D.C. 3-phase wire system.

Where supply is available on 3-phase A.C. system, the circuits A, B and C shall be supplied from three different phases, but where the supply is given on D.C. 3 wire system, the circuits B and C shall be supplied from two different sides and all lights, fans and other electric apparatus on the stage shall be connected to one side only in common with either B or C :

Provided that a Janata Cinema shall have three-phase supply to be devised with minimum circuits each one for lights, ceiling fans and exhaust fans, where such fans have been provided, and each such circuit shall not have more than ten points.

Rule - 34. Source of supply.

(a)      The supply from the three main circuits may be taken from independent sources of supply, but in such case special precaution must be taken to prevent accidental connection of different circuits. •

(b)      Change-over switches may be used which have been previously approved by the Electrical Inspector :

Provided that in the case of a Janata Cinema, the supply for circuits shall be taken from a single independent source of supply and special precautions shall be taken to prevent accidental connection of circuit.

Rule - 35. Auxiliary supply for Exit signs.

(1)     All exit signs shall be fitted with an auxiliary bulb capable of properly illuminating the sign and these bulbs shall be fed from accumulators which shall be in a fully charged condition before the first admission of the public on any day.

(2)     All lights in the staircases, corridors, passages and Exit notice shall be kept alight during the whole time the public are in the Cinema.

(3)     Notwithstanding anything contained in sub-rules (1) and (2), in the cases of a Janata Cinema the following provisions shall apply, namely :

(i)       All Exit signs shall be painted with radiating paint for properly illuminating the signs.

(ii)      All lights in passages and Exit notices shall be kept alight during the whole time the public are in the Cinema.

Rule - 36. Torches.

At least six electric torches of approved pattern shall be kept on the premises in working order throughout the year and these shall be distributed over the building so as to be accessible to door-keepers, etc :

Provided that in the case of a Janata Cinema at least three such torches shall be considered sufficient for the purpose of this rule.

Rule - 37. Unlicensed premises.

No unlicensed premises or part of premises not included in the licence shall be supplied with electric current from the mains or apparatus used for the licensed premises.

Rule - 38. Gas and water pipes.

Gas and water pipes shall never form part of any electrical circuit.

Rule - 39. Dressing Rooms.

When cinema premises are used for a dramatic performance dressing rooms and other parts of the premises used by the staff shall be lighted to the satisfaction of the Electrical Inspector or his Assistant.

Rule - 40. Conductors.

(1)     All conductors used with the building shall be of tinned copper having a conductivity equal to not less than 90 per cent of that of pure copper, and shall be so proportioned that the current density in any conductor shall not exceed 155 amps. per square centimetre :

Provided that in the case of a Janata Cinema the use of aluminium conductors having a conductivity equal to that of tinned copper conductors shall be considered sufficient for the purpose of this rule.

(2)     Where a number of lights, as in the footlights, battens, etc., are supplied under control of the switch and protected by a single or double pole cut-out as the case may be, the conductors shall be maintained throughout of such sections that will be effectually protected by the cut-outs against heating.

Rule - 41. Insulation.

(1)     All conductors shall be properly insulated and the insulation resistance shall not be less than 372 Magohms per kilometre at 15.55°C after one minute's electrification when tested at 400 volts and after 48 hours immersion in water.

(2)     If it is desired to use any other conductors or insulation than as specified in these Regulations, special permission shall be obtained from the Chief Engineer (Electrical) or the Electrical Inspector concerned and no material shall be used which is not water-proof or which is not protected by water-proof covering or which will soften at a temperature below 76.67°C.

Rule - 42. Conductors, etc., special precautions.

No metal work in connection with the circuits shall be exposed or so fixed or constructed as to be liable to cause a short circuit. In all cases conductors conveying currents at high pressure inside buildings shall be specially insulated. They shall be enclosed in screw joined and earthed iron or steel tubing. Armoured cable may be used for Supply Company's service.

Rule - 43. Joints.

Joints in conductors shall be avoided as far as possible but when unavoidable they shall be electrically and mechanically perfect. Soldering fluids shall not be used in making such joints and no joints shall be made in metal conduit:

Provided that in the case of a Janata Cinema the use of connects with Junction Boxes shall be considered sufficient for the purpose of this rule.

Rule - 44. Conductors-fixing and projection.

(1)     All conductors including lead covered cables where accessible to the public shall be efficiently protected from mechanical injury by an external armour of iron or steel.

(2)     Where conductors pass through or within walls, fire-proof floors or ceilings, they shall be protected by iron pipes or by glazed stoneware or porcelain tubes and precautions shall be taken to prevent the possibility of fire or water passing along the course of the conductors.

(3)     Conductors must not be placed where liable to be heated by jets, steam pipes or other applications.

(4)     In special cases, or where necessary for protection from the depredations of rats, mice or other vermin, the wiring shall be enclosed in heavy gauge steel conduit.

Rule - 45. Petrol Engines.

No petrol-driven engine shall be allowed for generating electric current unless it is fixed in a fire-proof compartment at least 3.05 metres from any other building.

Rule - 46. Wiring in casing.

If casing be used, it shall be of hard teak wood. Each conductor shall be laid in separate groove, unless previous permission be obtained from the Chief Engineer (Electrical) or the Electrical Inspector concerned to vary this condition. In no circumstances shall wires of unlike polarity be laid down in the same groove, nor wires of the same polarity belonging to the different circuits, A, B or C. The cover shall be secured with screws. Casing shall not be used where it is liable to injury from weather or leakage of water, nor shall it be recessed into plaster.

Rule - 47. Metallic tubing for mechanical protection.

Where iron pipe or tube is used as a mechanical protection, it shall be bushed where necessary and properly bushed inspection boxes shall be used. All metallic tubing shall be efficiently earthed and shall be provided screw joints or other means of ensuring a good and permanent electrical connection which must be continuous with boxes and other fittings.

Rule - 48. Stage lighting.

When cinema premises are used for a dramatic performance special care shall be taken that all works in connection with the lighting of the stage are carried out in as substantial a manner as possible preferably in heavy gauge screwed metal conduit :

Provided that in the case of Janata Cinema, the wiring done in P.V.C. pipes with continuous earth wire run along the system shall be considered sufficient for the purpose of this rule.

Rule - 49. Stage switchboard.

(1)     When cinema premises are used for dramatic performances a switchboard fitted with the necessary switches, cut-outs and other fittings for the control and regulation of the stage lighting shall be fixed in some convenient position overlooking the stage.

(2)     Connections shall be made where possible at the back of board and there shall be a space of not less than 90 centimetres between the wall and the back of the board or such larger space as may be necessary to ensure the thimbles and connections being at all times easily accessible, or as an alternative in the case of wires not larger than 10 square centimetres provision may be made by hinging the Board for rendering the back of the board accessible.

Rule - 50. Footlights, etc.

When cinema premises are used for a dramatic performance lamps on batten, footlights, etc., shall be properly protected from everything liable to cause a short circuit and shall be protected by stuff guards so arranged that no scenery or other inflammable material can come in contact with the lamps.

Rule - 51. Enclosure.

(1)     Within the enclosure no readily combustible material shall be used in connection with any lamp in such a manner that it may come in contact with the lamps or conductors. The insulating materials of an electric cable including unprotected leads to lamps in the enclosure shall be covered with fire-resisting material.

(2)     There shall be no coils of slack electric cable within the enclosure the leads to the cinematograph lamp shall, unless conveyed within a metal pipe or other suitable casing, be kept well apart both within and without the enclosure so that the course of each may be readily traced. All live parts in the enclosure shall at all times be totally covered by insulating and fire-proof material.

Rule - 52. Permissible current and pressure in enclosure.

(1)     No electric current at a higher pressure than 230 volts shall be supplied within the enclosure, and all writing inside the enclosure shall be in heavy gauge screwed conduit:

Provided that in the case of Janata Cinema, the writing done in P.V.C. pipes shall be considered sufficient for the purpose of this sub-rule.

(2)     The cables for the cinematograph machine shall be taken as a separate circuit from the source of supply and there shall be an efficient liked iron-clad switch and fuse inserted at the point where the supply is taken and in addition an efficient iron-clad double pole switch shall be fitted in the cinematograph lamps circuit inside the enclosure.

Rule - 53. Resistance.

(1)     Resistance frames shall be made entirely of fire resisting material and shall be so constructed and maintained that no outside part shall at any time become unduly heated. The resistances shall not be permitted to become so over-heated that a piece of dry newspaper placed in contact with any part would readily burn.

(2)     All resistances with the exception of the resistance for regulation purposes shall be placed outside the enclosure and preferably outside the auditorium. They shall be adequately protected by wire guards or other efficient means of preventing accidental contact.

Rule - 54. Plug sockets for the stage.

The plug sockets for the stage shall be of bakelite or similar fire-proof material and of specially substantial construction.

Rule - 55. Leads to battens, etc.

The leads to battens and moveable lengths shall be specially guarded particularly at the points where they join on to the battens, etc., and a sufficient length shall be allowed to prevent the leads receiving any injury through any movement of the battens. This part of the leads shall be protected by stout canvas hose properly fixed, and the battens shall be suspended by at least three ropes.

Rule - 56. Arc lamps.

(1)     In any cinema arc lamps shall not be used in the auditorium or in any part open to the public without permission from the Electrical Inspector. When they are used in any part of such premises special precautions shall be taken to guard against danger from falling glass and incandescent particles of carbon. All parts of the lamps, lanterns and fittings which are liable to be handled (except by the persons employed to handle them) shall be insulated from the framework.

(2)     Any exposed portion of metal work of an arc lamp liable to become heated to a temperature sufficient to cause a conflagration by contact with scencery or other inflammable material shall be protected by a wire guard.

In no case shall arc lamps be suspended by the conductors.

Rule - 57. Cut-outs.

(1)     All circuits shall be efficiently protected by cut-outs placed in positions easily accessible to the staff, but inaccessible to the public. All cut-outs shall be of such pattern and be fixed in such a position as to admit of quick replacement.

(2)     All cut-outs shall be so constructed that falling fused fused metal cannot cause a short circuit or an ignition.

(3)     All switches and cut-outs shall be so marked as to show clearly which circuit or lamp they control.

(4)     All switches, cut-outs, ceiling roses, wall sockets, lamp-holders, etc. shall have non-inflammable bases and covers. All switches and cut-outs shall have sufficient length and breadth and shall be constructed so as to prevent the risk of formation of an arc.

(5)     All switches shall be of ample size to carry the current for which they are intended without heating and shall be so constructed that they shall not remain in any position intermediate between the "on" and the "off" position so as to permit of an arc or short circuit.

Rule - 58. Fittings.

(1)     All fittings shall be suspended in an approved manner and special care taken to avoid risk of the suspension failing from any cause.

(2)     Combined gas and electric fittings shall not be used.

(3)     Any electric light pendants or brackets in the auditorium and front of the house generally shall be at least 2.5 metres above the floor to the lowest part of the fitting. No electrical fitting or apparatus of any description shall be so fixed or arranged as to interfere at any time with the proper working of the safety curtain.

Rule - 59. Switch and fuse boards.

(1)     All switch and fuse boards which are not fitted with front connections shall be so mounted as to give instant and easy access to the connection at the back of the board and shall be provided with dividing strips between poles both at the back and in front and proper lock-up cases with glass or metal fronts. The glass (unless of adequate thickness) shall be protected with wire guards or alternatively boxes with lids and sides rendered fire-proof by asbestos sheeting may be used.

(2)     Switch and fuse boards shall be fixed in accessible places where they will not obstruct any passage or exit.

Rule - 60. Generating Plant.

Where the supply of current is derived from special plant on the premises, such plant must in all cases be approved by the Electrical Inspector.

Rule - 61. Boilers, Gas Engines, etc.

(1)     Boilers, steam engines, gas engines and dynamos when used for the supply of electricity to such premises shall be placed in such position as shall be sanctioned by the Electrical Inspector to Government. All necessary provisions shall be made for keeping the temperature of the engine rooms within proper limits.

(2)     Oil or gas engines shall be placed in buildings adequately and continuously ventilated so that no explosive mixture of gas can accumulate.

Rule - 62. Accumulators.

Accumulators shall be placed in rooms adequately ventilated to the outside air. These rooms shall be of fire-proof construction with fire-resisting doors and shall be used for no other purpose :

Provided that nothing contained in this rule shall apply in the case of a Janata Cinema.

Rule - 63. Transforming and converting machinery.

(1)     Transforming and converting machinery with the controlling switches and cut-outs shall be placed in a fire-proof and water-proof structure, adequately ventilated to the outside air, properly lighted and accessible to the management and shall be used for no other purpose.

(2)     No transformer which under normal conditions of load heats to above 130°F shall be used and the transformer circuits shall be so arranged that in no circumstances may a contact between the primary and secondary coils be established.

Rule - 64. High voltage.

Where the primary current is of high voltage no part of such apparatus or the control there for shall be accessible to any body except the person in charge of its maintenance.

Rule - 65. Earthing of covers.

The metallic covers of all transformers, switches and other electrical apparatus shall be efficiently connected to earth.

Rule - 66. Insulation resistance.

The insulation resistance of a system of distribution shall be such that the greatest leakage from any conductor to earth, when all branches are switched on, shall not exceed 1/5000th part of total current required, the test being made at approximately double the usual working pressure, provided that this rule shall not be held to justify a lower-insulation resistance than 10,000 ohms.

Rule - 67. Motors, etc.

All motors and electrical apparatus shall, if permitted, be subject to special conditions, but electric fans and similar motors hot taking more than 300 watts may be used, if separately wired, from fuses on a proper distributing board.

Rule - 68. Plan of wiring.

A framed diagram indicating clearly the arrangement of all circuits and sub-circuits of the electrical installation, the position of distribution boards and the size of cables be displayed in the premises and shall be kept up-to-date.

Rule - 69. Temporary lighting.

(1)     In all cases in which it is desired to install temporary lighting seven days' notice shall be given to the Electrical Inspector in wring before it is desired to commence the work.

(2)     Wires and cables shall be similar to the wires already specified in these regulations and in all cases where the wires are within reach of the public they shall be efficiently protected from mechanical injury by an armour of iron or steel.

(3)     All joints shall be soldered and taped if used for more than one week and if used less than a week, the wire shall be soldered if larger than square milimetres or its equivalent. In either case the joints in portable fitting and special appliances shall be taped.

(4)     All temporary work shall be immediately removed when no longer required for the purpose for which it was installed. In the case of temporary work on the stage, all connections to the permanent installation shall be removed immediately after the performance in which they are used, unless permission be obtained to the contrary. Such special conditions as may be requisite in each case will be attached to the consent of the Electrical Inspector to the use of temporary electric work.

Rule - 70. Safety curtain.

Whenever in cinema premises which are used for a dramatic performance the safety curtain in lowered all lights in the auditorium etc. shall be immediately lighted.

Rule - 71. Relaxation by Electrical Inspector.

The electrical installation in cinemas shall be carried out to the satisfaction of the Electrical Inspector, who may, in writing recommend to the Licensing Authority that any of the provisions of these regulations as he may consider expedient.

Rule - 72. Shock treatment instructions and insulated gloves.

Instructions both in English and in the local languages of the district for the restoration of persons suffering from electric shock shall be affixed in a conspicuous place and at least one pair of India rubber gloves in good order shall be provided for use of the electricians.

Rule - 73. Miscellaneous.

All main switches, fuses etc., which are the property of the Electric Supply Co., must be distinguished by red colour and every apparatus which is to be operated by authorised persons only must be made completely inaccessible to the public.

Rule - 74. Operators.

The electrical plant and projecting apparatus shall be in the hands of qualified persons who shall be nominated in writing for this purpose by licensee of the cinema and such nomination shall be subject to the approval of the Electrical Inspector or the Assistant Electrical Inspector concerned. Provided that persons holding a diploma in cine-projection course, awarded by the State Council of Technical Education of Bombay State before 1st March, 1963 and after that date by the State Council of Technical Education of Gujarat State shall be deemed as qualified persons for purpose of this rule. The electrical installation shall be incharge of a properly qualified person (Class II Wireman) and his name and qualifications shall be notified to the Electrical Inspector or the Assistant Electrical Inspector concerned for approval.

CHAPTER V PRECAUTION AGAINST FIRE

Rule - 75. Tanks.

In every permanent or quasi-permanent cinema there shall be provided on the top of the proscenium wall or in some other place to be approved by the Executive Engineer concerned two cisterns (connected with fire service in the Cinema) which shall be kept always filled with water. Each of the cisterns shall be capable of containing at least 11.35 litres of water for every 100 individuals of the public to be accommodated in the cinema. These cisterns shall be fitted with an out indicator suitably placed so as to; show clearly the depth of water therein, and the water must be kept clean and free from sediment and covered over with properly fitting covers as so to be mosquito-proof and the cisterns shall be cleaned once every year :

Provided that nothing in this rule shall apply to touring cinemas and to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area in such premises are situated in place where there is sufficient municipal water supply which can be used for the purpose of extinguishing fire.

Rule - 76. Hydrants.

In the city of Ahmedabad and in such other areas as may be notified by the Licensing Authority, all cinemas shall be provided with such number of hydrants, not less than two, as may be fixed in the city of Ahmedabad by the Commissioner of Police and elsewhere, by the Municipal Commissioner or the Chief Officer of the Municipality, or where there is no Municipal Commissioner or Chief Officer, by the Licensing Authority. The hydrants shall be of a diametre not less than 6 centimetres and shall be fixed at such sites as may be approved by the Executive Engineer.

The hydrants shall be connected to the cisterns provided for in Rule 75 by taking separate mains of 3" diametre from each cistern and joined together by a single main of 7.5 centimetres, provided that in the case of premises where no cisterns are required to be kept under Rule 75, the hydrants shall be connected to the municipal water mains.

Hose pipes with jet nozzles and required accessories shall also be provided as directed the Executive Engineer :

Provided that nothing in this rule shall apply to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area if such premises are situated in places where the municipal water main have a connection sufficiently close to such premises.

[6][* * *].

Rule - 77. Fire Buckets.

(1)     Fire Buckets of approved design with a conical base shall be provided in such numbers as the Licensing Authority may direct and shall be kept at all times full of water which shall be changed regularly twice every week. A pinch of lime shall be added to such water to prevent the breeding of mosquitoes. Buckets of dust or dry sand shall also be provided in such numbers as the Licensing Authority may direct and the attention of the public shall be drawn to the water and sand buckets by placards legibly painted and fixed immediately above them :

Provided that in respect of premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area and in respect of touring cinemas, the existing fire buckets with round bottom may be used but shall be replaced by fire buckets with a conical base whenever they are next replaced.

(2)     At least one bucket filled with dry sand must be kept in some accessible position on the stage in readiness for use in dealing with an electric fire.

Rule - 78. Chemical extinguishers.

(1)     Chemical extinguishers of an approved type and of at least 13.5 litres capacity shall be provided in such numbers as the Licensing Authority may from time to time direct and shall be placed on brackets four feet from ground. Directions for using them should in all cases be prominently painted on the extinguisher or on a card placed over the extinguisher and the attention of the public shall be directed to them by placard legibly printed or painted and fixed immediately above them :

Provided that nothing in this rule shall apply to touring cinemas :

Provided further that after 31 December, 1973 the provisions of this rule shall apply to the premises duly licensed for use of cinematograph exhibition before the commencement of the Bombay Cinema (Gujarat Second Amendment) Rules, 1973.

(2)     Chemical extinguishers shall be renewed or well-cleaned and recharged every 12 months, a record of which should be kept for inspection.

Rule - 79. Fire extinguishers etc., for the enclosure.

Two pressure-type fire extinguishers, two buckets of water, one bucket of sand and a blanket shall always be kept inside the enclosure. A large sponge shall be kept in one of the buckets of water and one fire extinguisher shall also be kept immediately outside the enclosure.

Rule - 80. Exit signs.

(1)     All exits and other doors or openings intended to be used for the purpose of exits shall be indicated by notices in the language understood in the locality in transparent letters 17.5 centimetres long, upon a black ground painted on or above the doors at least 2.05 metres above the floor.

(2)     The words "No Exit" in the language understood in the locality shall be similarly painted upon all doors in sight of the audience which do not lead to exits.

(3)     All electric "Exit" signs shall be fitted with an auxiliary bulb capable of properly illuminating the sign; the bulbs shall be fed from dry batteries or accumulators, which shall be kept in proper working order, the switch of the auxiliary bulbs should be fixed in an easily accessible position in the corridor and not inside the auditorium.

(4)     Nothing in this rule shall apply to touring cinemas and to premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules, in that area so long as "Exit" and "No Exit" signs in such premises are clearly visible and easily legible.

Rule - 81. Curtains.

All curtains covering doors, passages, etc., shall be hung so as not to trail on the floor.

Rule - 82. Special Rules for the enclosure, etc.

(1)     No unnecessary combustible material shall be allowed within the enclosure, and as far as possible all necessary combustible material, film, etc., when not in use, shall be kept in fire-proof receptacles suitable for the purpose.

(2)     No smoking shall at any time be permitted within the enclosure and a placard shall be prominently exhibited both inside and outside the enclosure to the effect that smoking is prohibited.

(3)     The enclosure and the engine room if any shall be inaccessible to the public.

(4)     No smoking shall be allowed in the rewinding room and films which are not in use must be stored in metal containers and no combustible matter shall be kept inside the rewinding room.

Rule - 83. Cinematograph Machine.

(1)     The cinematograph machine shall be placed on firm supports of fire-resisting construction and it shall be provided with a metal shutter between the film gate and the source of light. The shutter shall automatically drop in the event of any accident to the cinematograph machine, or stoppage of the film, and shall automatically rise when the film is in motion for the purpose of projection.

(2)     The film gate shall be of massive construction and provided with ample heat radiating surface and the passage for the film shall be sufficiently narrow to prevent flame travelling upwards or downwards from the light opening.

Rule - 84. Films, boxes, spools, etc.

(1)     All cinematograph projectors shall be fitted with two film boxes of non-inflammable material and of substantial construction to and from which the films shall be made to travel. Such boxes which must be of approved size and construction, shall be made to close in such manner as to prevent the ingress of fire and shall be fitted with a film alot so constructed as to prevent the passage of flame to the interior of the film box.

(2)     Spools shall be either chain or gear driven and films shall be wound upon spools so that the wound films shall not at any time-reach or project beyond the edges of the flanges of the spools.

(3)     It shall not be necessary to have metal casing for spools in case of projectors using films with acetate base.

Rule - 85. Cloak Rooms.

(1)     Where cloak rooms are provided they shall be situated that the use of them shall not obstruct the free use of any exit.

(2)     No corridor shall be used as a cloak room and no pegs for hanging hats, cloaks, etc., shall be allowed therein nor shall any corridor be used for storage purposes or for any purpose whatever except for exit and entrance from and to the auditorium.

Rule - 86. Telephone.

In places where there is a public telephone the cinema building shall be connected by telephone with the nearest Fire Brigade Station in that place. "Provided that nothing in this rule shall apply in the case of Janata Cinema."

Rule - 87. Lighting.

(1)     All lighting shall be provided by electricity. No gas, acetylene, oil or other lamps shall be used for lighting the cinema or any part thereof.

(2)     Every portion of the cinema devoted to the use of or accommodation of the public and also all outlets leading outside the Cinema including the corridors shall be well and properly lighted during every performance and the same shall be lighted until the entire public have left the Cinema after the performance is over.

Rule - 88. Firemen.

(1)     This rule shall apply only to such place as the State Government may by notification publish in the official Gazette specify.

(2)     In every cinema including a touring cinema the employees shall be trained in the use of fire appliances, and shall for such purposes be drilled at least once in every fortnight.

(3)     The regulations to be followed in case of fire shall always be posted in some conspicuous place, so that all people connected with the cinema shall be acquainted with their contents.

(4)     A report of any fire or alarm of fire, however slight must be at once sent to the Fire Brigade.

Rule - 88-A. Relaxation of rules in cases of drive-in-cinemas.

The licensing authority may, in the case of a drive-in-cinema, relax any of the rules in this Chapter to such extent and subject to such conditions as it may consider expedient in consultation with such officers as it may think necessary.

CHAPTER VI PERMISSION FOR BUILDING A CINEMA

Rule - 89. Permission for building.

No person shall put up any building or structure or convert existing premises for being used as a cinema except with the previous permission in writing for the Licensing Authority.

Rule - 90. Application for permission.

Any person desiring to put up a building or structure to be used as Cinema shall make an application in writing to the Licensing Authority. Each such application shall be accompanied by a true copy of the "No-objection Certificate" issued by the Licensing Authority in respect of the site where the cinema is proposed to be put up :

Provided that where no such application is made within a period of one year from the date of issue of "No-objection Certificate" such certificate shall be invalid.

Rule - 91. Application to be accompanied by plans.

The application shall be accompanied by complete plans, elevations and sections of the proposed cinema and of all erections or buildings in connection therewith drawn correctly of scale 1 centimetre to a metre and by a block plan on a separate sheet showing the position of the proposed cinema in relation to any adjacent premises and to the public thoroughfare upon which the site of such proposed cinema abuts, drawn to a scale of not less than 2 milimetres to a metre. The cardinal points shall be marked on such plans. All drawings shall be coloured to distinguish the material to be employed in the construction of building and erections. The width of all staircases and the number of steps in each, the width of corridors, gangways and doorways together with heights of any galleries or tier in the proposed cinema and in and of erections or buildings in connection therewith as are more than one tier in height shall be indicated on such drawings, as well as the floor and roof, ventilation and the details of any electric installation. The thickness of the walls, and scantlings of the various materials used shall be clearly shown on such drawings by figured dimensions.

The plans shall show the respective numbers of audience or spectators intended to be accommodated in the various parts of the proposed cinema and the space to be assigned to each individual thereof and shall be accompanied by a specification of the works to be executed sufficiently describing the material to be employed and the mode of construction to be adopted. All openings for ventilation shall be shown in the plans and described in the specification. The plan shall be prepared by an authorised architect or a qualified engineer and shall bear a certificate under his signature to the effect that the design are sound and stable.

Rule - 92. Plans to be approved by Public Works Department.

On receipt of the application and the plans the Licensing Authority shall forward the same to the Executive Engineer concerned for approval, and the applicant shall be bound to carry out such reasonable additions and alterations in the plans as may be directed by Executive Engineer or Public Works Department Officer concerned, before the plans are finally approved by him.

Rule - 93. Permission to build.

After the plans are finally approved by the Executive Engineer concerned the Licensing Authority may grant permission in writing to the applicant to put-up the cinema in accordance with the plans finally approved, provided the permission granted under these Rules will not dispense with the necessity or obtaining the requisite sanction under the Municipal Act or any other law for the time being in force.

Rule - 94. Permission to be valid for two years.

The applicant shall complete the construction of the cinema within a period of two years from the dale of the permission or within such extended period as may be allowed by the Licensing Authority.

Rule - 95. Modification in the plans.

No additions in the plans shall be made while in the course of construction unless such modifications are approved by the Licensing Authority in consultation with the Executive Engineer concerned.

Rule - 96. Additions or alterations.

No additions or alterations shall be made to a Cinema except with the written permission of the Licensing Authority.

Rule - 97. Notice of additions and alterations.

A notice in writing of any intended structural addition to or alterations of any cinema shall be given to the Licensing Authority accompanied by complete plans, elevations and sections block plan and specification of new works proposed to be executed in the manner laid down by Rules 91 and the notice shall describe clearly such intended additions or alterations.

Rule - 98. Inspection of construction.

The Executive Engineer may at any time inspect a cinema theatre which is under construction with a view to satisfying himself that the construction in is according to the approved plans and specifications.

If any deviations are found the Executive Engineer shall report the same to the Licensing Authority and also inform the owner.

Rule - 99. Power to refuse licence.

The Licensing Authority may refuse to grant a licence to operate a cinema, the building of which has not been constructed according to approved plans and specifications.

Rule - 100. Chapter not applicable to touring cinemas.

The provisions of this Chapter shall not apply to touring cinemas.

CHAPTER VII CINEMA LICENCE

Rule - 101. Cinema Licence.

No places shall be opened or allowed to remain open for use as cinema unless the person being the owner, tenant or occupier thereof shall have obtained a Cinema Licence thereof.

Rule - 102. Application for Cinema Licence.

The application for a Cinema Licence shall be made to the Licensing Authority and shall contain a statement as to the nature and extent of the interest of the applicant in the cinema and shall also indicate the name or names of manager or managers nominated by the applicant as referred by Rule 117 and also the names and address of the qualified electrician in charge of the electric installation and the name and address of the qualified operator of the cinematograph. The application shall be accompanied by the following documents :

(1)     A true copy of the "No-objection Certificate" issued under Rule 6.

(2)     A true copy of the building permission issued under Rule 93.

(3)     A certificate from an authorised architect or a qualified engineer and countersigned by the Executive Engineer concerned to the effect that the construction of the cinema is sound and in accordance with the requirements laid down in Chapter III and that all directions given or conditions specified by the Executive Engineer concerned have been complied with and that precautions against fire have been taken as laid down in Chapter V.

(4)     A certificate from the Government Electrical Inspector or the Assistant Electrical Inspector concerned to the effect that the electrical installation in the cinema is in order and has been inspected and passed by him and conforms to the requirements of the Rules under the Indian Electricity Act, 1910 and to the Rules specified in Chapter IV and Rules 79,80 (3), 82 83, 84 and 87 in Chapter V and that all directions given or conditions specified by the Government Electrical Inspector or as the case may be the Assistant Electrical Inspector concerned have been complied with and that the electrical plant and the projection apparatus is in charge of qualified hands as required by Rule 74.

(5)     A certificate to the effect that there is no objection from the health point of view for the grant of a licence and that the applicant has complied with all the directions given in that respect from the Medical Officer of the local authority or where there is no such Medical Officer from the Health Officer.

(6)     A certificate from the authority concerned that a telephone in working order has been duly installed in the cinema.

(7)     Nothing in sub-rules (2), (5) and (6) shall apply to touring cinemas, and nothing in sub-rule (6) shall apply in the case of a Janata Cinema.

(8)     A certificate from any electric supply company or a licensed electrical contractor or from the Executive Engineer concerned that lightning conductors have been duly provided in the cinema building. Such certificate shall state the actual resistance to earth found by regular test in the case of such lightning conductors.

Rule - 103. Grant of Cinema Licence.

The Licensing Authority on receipt of documents and certificate referred to in Rule 102 being satisfied that all the necessary Rules have been complied with may grant a licence for a cinema to the applicant on such terms and conditions and subject to such restrictions as the Licensing Authority may determine. The cinema licence shall be in Form 'E' provided that a touring cinema licence shall not be valid beyond the district of issue and ordinary touring cinema licences shall not be granted for a place where there is already a permanent or quasi-permanent cinema but the Licensing Authority may in his discretion permit a touring cinema to operate at a place where there is already a permanent or quasi-permanent cinema on occasions such as film and melas or when the touring cinema exhibits films of a kind different from those exhibited by non-touring cinemas e.g. educational films or where it caters for a different public.

Rule - 104. Power to refuse licence.

The Licensing Authority shall have absolute discretion in refusing a cinema Licence if the Cinema appears to him likely to cause obstruction, inconvenience, risk, danger or damage to residents or passers-by in the vicinity of the cinema.

Rule - 105. Death or disability of licensee.

If the licensee dies or becomes mentally incapable or otherwise disabled the person carrying on the business shall not be liable to any penalty for carrying on the business during such reasonable time as may be necessary to admit of his making an application for the renewal of the licence.

Rule - 106. Duration of licence.

A permanent cinema or a drive in cinema may be licensed for any period not exceeding three years and quasi-permanent cinema including a Janata Cinema or a touring cinema may be licensed for any period not exceeding one year :

Provided that the Licensing Authority shall inspect the permanent cinema including a Janata cinema or a drive in cinema in case where the licence is granted for a period more than one year at a time, through the Executive Engineer, the Health Officer and the Electrical Inspector or Assistant Electrical Inspector as the case may be at least once, in a year and require the licensee to remove the defects if any, noticed during such inspection.

Rule - 107. Renewal of licences.

The Licensing Authority may on application being made to him in that behalf renew the cinema licence for the requisite period subject to Rule 105 above. An application for the renewal of a licence shall be made in the manner laid down in Rule 102 but it shall not be necessary to attach the application for renewal the true copy of the "No-objection Certificate" and the true copy of the building permission unless specially required by the Licensing Authority :

Provided that in the case of the touring cinemas and of premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area a certificate of the nature referred to in sub-rule (3) of Rule 102 from the Executive Engineer concerned in lieu of such certificate from an authorised architect or a qualified engineer, may be attached.

[7][Provided further that the licence of a touring cinema at a place may be renewed, from time to time, until such time as a permanent cinema, a Janata Cinema or, as the case may be a drive-in-cinema is opened, or allowed to remain open, at the place, in accordance with the provisions of these rules.]

Rule - 108. [Fee.

(1)     The fee for a licence or renewal of a licence inclusive of the inspection by the Executive Engineer shall be as follows :

(a)      For a permanent cinema, quasi-permanent of touring cinema :

Provided that in case of a touring cinema which has paid the licence fee at any place, and which changes its camp, new licence fee will not be required, for such licence.

(b)      For a drive-in-cinema :

(2)     The fees for the inspection of electric installation shall be separately paid in accordance with rates notified under the Indian Electricity Rules, 1937.

(3)     The fee for making any alteration or addition in a Cinema Licence shall be Rs. 5 and the fee for a duplicate licence shall be Rs. 10.][8]

Rule - 109. Application for renewal to be made within one year.

An application for the renewal of Cinema Licence made more than one year after the date of the expiry of the previous licence shall be treated as an application for a new licence and all the rules shall apply mutatis mutandis to this application as if it were an application for a new licence.

CHAPTER VIII LICENCE FOR SALE OF TICKETS, ETC.

Rule - 110. Licence for sale of tickets, etc.

No person shall sell or keep, or offer or expose for sale or cause to be sold or cause to be kept or exposed for sale any ticket of admission, pass or any other evidence of the right of admission to any cinema without having first obtained a licence for the same from the Licensing Authority. The licence shall be in Form 'F'.

Rule - 111. Tickets, etc., to be sold only at the Licensed Booking Office.

Every person holding a licence under Rule 110 shall sell, keep, offer, or expose for sale any ticket or pass or any other evidence for admission only at the booking office or booking offices as approved by the Licensing Authority and specified in the licence and no change, in the location of the same shall be made except with the previous permission in writing of the Licensing Authority :

Provided that the Licensing Authority may in the case of charitable shows or for any other sufficient reason permit in writing the sale of tickets, passes or any other evidence for admission, at places other than the licensed booking offices or by person other than the licensee.

Rule - 112. Prices and hours of sale to be notified on a Board.

The licensee shall cause to be affixed and displaced in conspicuous manner in the cinema premises or at the Booking Office a price list showing the various rates charged for tickets of different classes which are kept, offered or exposed by him for sale and also the hours of business during which such sale will be effected and no sale shall be effected except during the hours notified.

Rule - 112-A. Regulation of sale of tickets.

Tickets for admission, passes or other evidence of the right of admission to the cinema shall be sold by the management on the basis of the first come first served and the licensee shall neither stop the sale of such tickets or passes of any class at the booking office nor shall be exhibited or cause to be exhibited any sign indicating the closure of sale of any class of tickets earlier than half an hour after the commencement of the show unless all the tickets of the class are actually sold.

Rule - 113. Price to be printed on the ticket, etc.

Every licensee shall print or cause to be printed on the face or every ticket, pass or other evidence of the right of admission to be sold or kept, offered or exposed for sale the price charge therefor plus Entertainment Tax, if any, and he shall not at any time charge for any such ticket, pass or evidence of the right of admission a price in excess to that printed thereon.

Rule - 114. Records to be maintained and to be subject to inspection.

Every licensee shall at all times keep and maintain full accurate sets of records showing sale of tickets and their rates and produce on demand for inspection by a police officer of a rank not below that of a Sub-Inspector, stocks of tickets and registers of account.

Rule - 115. Licensee to remain present.

Every person licensed under the Chapter shall be present at the cinema at all times when the cinema is kept open to public for business and shall not absent himself therefrom, except with the permission of the Licensing Authority endorsed on the licence, nor shall he permit any other person to act on him behalf except with the permission of the Licensing Authority endorsed on the licence.

Rule - 116. Fees.

(1)     A licence under Rule 110 may be granted for any period not exceeding three years :

Provided that such licence for a quasi-permanent cinema and a touring cinema may be granted for any period not exceeding one year :

Provided further that period of such licence shall not exceed the period for which cinema licence is granted under Rule 106.

(2)     The following fees shall be levied for a licence granted under Rule 110 :

(3)     The fee for a duplicate licence shall be Rs. 5 only.

CHAPTER IX GENERAL

Rule - 117. Licensee or his nominee to be present.

Either the holder of the cinema licence or some person or some one of several person whom the licensee has nominated as manager or managers and whose name or names have been entered as such in the licence, shall be present at the cinema to which the licence applies during the whole time for which such premises are open to the public.

Rule - 118. Display of licences.

The licensee shall have the licence displayed prominently on the wall of the office of the cinema.

Rule - 119. Smoking prohibited.

No person smoke and no holder of a cinema licence or his nominated manager or managers shall permit smoking in the auditorium during a performance. Such prohibition shall not apply to persons sitting in their cars in the premises of a drive-in-cinema.

Rule - 120. Spittoon.

The cinema shall be provided to the satisfaction of the Licensing Authority with a sufficient number of spittoons in suitable place for the use of the public. The spittoons shall contain a strong disinfectant and shall be emptied from time to time. Notices for using such spittoons shall be displayed in prominent parts of the cinema.

Rule - 121. Spitting prohibited.

No person shall, at any time, spit in any part of the cinema except in the spittoons provided for that purpose.

Rule - 122. Hawking prohibited.

No person shall during a performance or exhibition or in the interval of the performance or exhibition, and no licensee or his nominee shall during a performance or exhibition or in the interval of performance or exhibition, allow any person to :

(i)       hawk in the auditorium ; or

(ii)      sell or supply any eatables or drinks to any member of the audience in the auditorium itself; or

(iii)     distribute or sell, whether for consideration or not any article or thing to any member of the auditorium itself:

Provided that in the case of a drive-in-cinema, the Licensing Authority may permit such number of hawkers and subject to such conditions as may be specified in the licence.

Rule - 123. Overcrowding prohibited.

No licensee shall admit to any part of the auditorium a greater number of persons than the maximum number authorised in the licence to be accommodated in such part and in the case of a drive-in-cinema, no licensee shall admit a greater number of motor cars than the maximum number authorised in the licence of such cinema.

In order to ensure that this maximum is not exceeded and more particularly to facilitate checking by the police at any time the licensee shall issue tickets bearing serial number and the date and the number of the performance on foils and counterfoils. After each performance the ticket books shall be marked "closed" on the last counterfoil issued.

Rule - 124. Cleanliness.

The licensee shall at all times keep the cinema in a clean and sanitary condition, the floors and the walls up to a height of 90 centimetres shall be washed with a strong disinfectant at least once a month.

Rule - 125. Duty of operators, etc.

The persons in charge of the projecting apparatus, electrical installation and plant and the engine room (if any) shall satisfy themselves before the commencement of each performance that the apparatus or plant in their respective charge is in proper working order.

Rule - 126. Cinema not to be used for any other purpose.

No cinema premises shall be used for any purpose other than the exhibition of cinematograph films except with the previous permission in writing of the Licensing Authority.

Rule - 127. Slot machines prohibited.

No slot or amusement machine shall be operated on the premises of a cinema except with the written permission of the Licensing Authority provided that no such permission shall be required for machines exclusively used for the sale of articles like sweets or cigarettes or for the recording of weight.

Rule - 128. Access to Inspecting Officers.

The licensee shall give free access to the cinema at all hours to the officers mentioned below :

(i)     The Licensing Authority or any officer nominated by him for the purpose of carrying out the duties of the Licensing Authority under the Act and Rules and for checking that the provisions of the Act and the Rules are being complied with;

(ii)    Any Police Officer who is required by a general or special order of the Licensing Authority or the District Superintendent of Police to attend the same; and

(iii)   The Executive Engineer of the Division or the Public Works Department, Sub-Divisional Officer, or the Public Works Department, Electrical Inspector or his Assistant or the Officer of the Public Health Department for the purpose of seeing that the provisions of these Rules are being observed.

Rule - 129. [Transfer of a licence.

(1)     Subject to the provisions of sub-rule (2), a licence granted under these Rules shall not be transferable but shall be personal for the benefit only of the person to whom it is granted.

(2)     Where the licensee dies

(i)       any one of the legal heirs to the licensee may, within a period of thirty days from the date of the death of the licensee, make an application to the Licensing Authority to substitute his/her name in the licence, accompanied by the true copy of the death certificate of the licensee, the written consent of all other legal hairs and in the manner laid down in Rule 102 and if required by a Licensing Authority along with "No-objection Certificate" under these rules and the true copy of the building permission, issued under Rule 93.

(ii)      the Licensing Authority, on application being made to him in that behalf is satisfied that relevant provisions of the Rules have been complied with, he may, substitute the name of such legal heir in place of the deceased and such legal heir shall continue as licensee for the remainder period.][9]

Rule - 130. Licensee liable for the acts of his employees.

The licensee shall be responsible for all acts and omissions of his managers, servants or agents arising out of or in connection with the cinema to which his licences relate.

Rule - 130-A. Exemptions to be conditional.

Notwithstanding anything hereinbefore contained in these rules, any relaxation of or exemption from any such rule in respect of premises in any area duly licensed for use for cinematograph exhibition before the coming into force of these rules in that area shall operate only if such premises have been constructed in accordance with the provisions of the rules under which they were licensed and so long as such premises are not renovated or otherwise substantially altered and upon such renovation or other alteration any such relaxation or exemption shall cease to operate and the rule shall apply to such premises as it applies to other premises. If any question arises whether the premises are or are not renovated or substantially altered it shall be referred to the Licensing Authority and his decision shall be final.

Rule - 130-B.

The State Government may for reasons to be recorded in writing and subject to such conditions and restrictions as it may impose permit, generally or in particular case, relaxation or exemption from the operation of any of the rules contained in Chapters I to IX of these rules.

Rule - 130-C. Penalty for failing to comply with or contravening the provisions of rules.

Any person failing to comply with or contravening the provisions of any of these rules shall on conviction be punished with fine which may extend to one thousand rupees.

CHAPTER X SUSPENSION AND CANCELLATION OF LICENCES AND APPLICATION FOR EXEMPTIONS

Rule - 131. Suspension or cancellation of licences.

(1)     The Licensing Authority may

(a)      suspend or cancel any licence granted under these rules for contravention of any of the provisions of these rules of any of the conditions of the licence granted under these rules, or

(b)      suspend or revoke any licence granted under these rules on recommendation of the prescribed officer under Section 20-A of the Gujarat Entertainments Tax Act, 1977 :

Provided that the Licensing Authority shall give the licensee an opportunity to show cause before taking any action under this sub-rule.

(2)     Notwithstanding the provisions of sub-rule (1) the Cinema Licence shall be liable to immediate suspension or cancellation by the Licensing Authority if, in the opinion of the Licensing Authority, the appliances in the cinema for protection against and for extinguishing fire are inadequate or in any way insufficient or in unsatisfactory condition.

(3)     Notwithstanding the provisions of sub-rules (1) and (2) the Licensing Authority may, in his absolute discretion, at any time cancel or suspend any licence granted under these Rules and may direct the licensee to close the cinema either permanently or temporarily, or direct him to comply with such directions and instructions that he may issue in order to prevent any obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passers-by in the vicinity or for the maintenance of public safety and the prevention of disturbance in the cinema and every licensee shall forthwith comply with any such directions or instructions given by the Licensing Authority and if the licensee fails to comply with directions and instructions his licence shall be liable to immediate suspension or cancellation.

Rule - 132. Power to give directions during epidemics.

Without prejudice to the provisions of Rule 131 the Licensing Authority in consultation with the Assistant Director of Public Health, or District Health Officer or Health Officer of the Municipality, if any, may, if so advised, direct by a special notice :

(a)      a reduction in the scale of accommodation prescribed in Rule 14 ;

(b)      the periodical disinfection of premises which may include spraying and fumigation ; and

(c)      the adoption of such other measures for better ventilation as may be specified in the notice ;

and the licensee shall be bound to forthwith comply with any such direction on failure to do so, his licence shall be liable to instant suspension or cancellation.

Rule - 133. Presentation of application for exemption.

An application for an exemption under Section 10 shall be addressed to the Secretary to the Government of Gujarat Home Department, and unless prevented by sufficient cause, be made at least ten days, before the date of the proposed cinematograph exhibition.

Rule - 133-A. Period within which appeal or application for revision may be made.

An appeal under Section 8-A or an application for revision under Section 8-B shall be made within thirty days from the date of receipt of the order of the Licensing Authority.

Rule - 134. Repeal and savings.

(1)     On the commencement of these rules in the Saurashtra and Kutch area of the State of Gujarat:

(i)       the corresponding rules made under any law in force in the Saurashtra area in so far as they relate to licensing and controlling of cinemas and ;

(ii)      The Kutch Cinematograph Rules, 1954 shall stand repealed.

(2)     Notwithstanding the said repeal, anything done or any action taken under any of the provisions so repealed shall, in so far as it is not inconsistent with the provisions of these rules be deemed to have been done or taken under the corresponding provisions of these rules.