Whereas the draft of the following rules
which the Government of Karnataka proposes to make in exercise of the powers
conferred by Section 19 of the Karnataka Cinemas (Regulation) Act, 1964
(Karnataka Act 23 of 1964) was published in Notification No. HD 12 CNA 2010,
dated: 21.04.2014 in Part-IV-A of the Karnataka Gazette dated: 15th May 2014
inviting objection and suggestions from all persons likely to be affected
thereby within thirty days from the in the official date of its publication
Gazette and whereas the said Gazette was made available to the public on 15th
May 2014. And whereas objections and suggestion
received have been considered by the State Government. Now, therefore in exercise of the powers
conferred by Section 19 of the Karnataka Cinemas (Regulation) Act, 1964
(Karnataka Act 23 of 1964) the Government of Karnataka hereby makes the
following rules, namely:- PRELIMINARY (1)
These
rules may be called the Karnataka Cinemas (Regulation) Rules, 2014. (2)
They
shall come into force from the date of their publication in the Official
Gazette. In these rules, unless the context otherwise
requires.-- (1)
"
Act " means the Karnataka Cinemas (Regulation) Act, 1964 (Karnataka Act 23
of 1964); (2)
"Auditorium"
means any licensed place in which accommodation is provided for the public to
view the cinematograph exhibition; (3)
"Commissioner
of Police" means the Commissioner of Police of the city in which the
auditorium is situated; (4)
"Cinema
Operator" means a person in charge of projector room as specified in these
rules. (5)
"Deputy
Commissioner and District Magistrate" means the Deputy Commissioner and
District Magistrate of the district or area in which the auditorium or
multiplex complex is situated; (6)
"Director"
means the Director of Town and Country Planning in Karnataka; (7)
"Director
General of Fire and Emergency Services" means the Director General of Fire
and Emergency Services in Karnataka; (8)
"Electrical
Inspector" means a person appointed as such by the Government under
subsection (1) of section 162 of Electricity Act, 2003 (Central Act 36 of 2003)
and includes the Chief Electrical Inspector of the State, Additional Chief
Electrical Inspector of the Division, Electrical Inspector of the district or
area in which the auditorium or multiplex complex is situated; (9)
"Executive
Engineer" means the Executive Engineer of the Public Works, Ports and
inland transport Department, incharge of the public works, Ports and inland
transport division in which the auditorium or multiplex complex is situated; (10)
"Extra
High Voltage" means the voltage where the voltage exceeds 33,000 volts
under normal conditions; (11)
"
Film Advisory Board" means the Film Advisory Board constituted under rule
7; (12)
"
Fire Officer" means the Fire Officer in the Karnataka State Fire and
Emergency Services having jurisdiction over the district or area in which the
auditorium or multiplex complex is situated; (13)
"
Fire proof material" means the material specified in Schedule A; (14)
"
Fire resisting material" means the material specified in Schedule B; (15)
"
Form" means a form appended to these rules; (16)
"
Health Officer " means the District Health and Family Welfare Officer of
the Department of Health and Family Welfare Services having jurisdiction over
the district; and in the case of a Corporation, a Municipality, a Town
Panchayat or a Cantonment Board, the Health Officer attached to such
Corporation or the Taluk Health Officer. In the cases of a Municipality, Town
Panchayat or Cantonment Board, In the case of a Corporation, a Municipality, a
Town Panchayat or a Cantonment Board, where an officer of the rank of Health
Officer class 'A' is not available, the District Health and Family Welfare
Officer having jurisdiction over the area; (17)
"
High Voltage" means the voltage where it does not exceed 33,000 volts
under normal conditions; (18)
"
Local Authority" means,- (i)
in
any municipal area, the Corporation, the City Municipal Council, the Town
Municipal Council, the Town Panchayat, the Cantonment Board, the Sanitary Board
or Notified Area Committee constituted under the Karnataka Municipalities Act,
1964 or the Karnataka Municipal Corporations Act, 1976 as the case may be; (ii)
in
other areas, a Gram Panchayat constituted under the Karnataka Panchayat Raj
Act, 1993 (Karnataka Act 14 of 1993) (19)
"
Low Voltage " means the voltage where it does not exceed two hundred and
fifty volts under normal conditions; (20)
"
Medium Voltage " means the voltage where it does not exceed six hundred
and fifty volts under normal conditions; (21)
"Multiplex
Complex" means a building accommodating more than one auditorium and an
entertainment and cultural centre including food courts, restaurant, shops; Explanation.--In case of Multiplex Complex,
the portion of the permanent building used for the purpose of Cinema theatres,
auditorium including the areas for all ancillary uses such as projector room,
toilets, entrance/exit lobbies/corridors, food kiosks/cafes/canteens attached
to the theatre, ticket counters shall only be considered; (22)
"
Permanent Building" means a building which is constructed for permanent
use with fire proof and fire resisting materials of not less than 2-4 hour
ratings; (23)
"Population"
means the total number of inhabitants as at the last preceding official census
plus the annual increase calculated from the average rate of increase in the
past two census reports for the licensed place where auditorium or multiplex
complex is situated; (24)
"Projector
room" means the portion of the licensed place in which the cinematograph
apparatus is erected and includes technologically advanced digital projector or
digital sound system if installed, that portion of the theatre. (25)
"Regional
Commissioner" means the Regional Commissioner of the Division in which the
auditorium or multiplex complex is situated; (26)
"Section
" means a section of the Act; (27)
"Schedule"
means a schedule appended to these rules; (28)
"Station
House Officer" means the Station House Officer of the Police Station in
which the auditorium or multiplex complex is situated; (29)
"Temporary
Building" means a building which is not a permanent building; (30)
(i)
" Theatre" means one cinema theatre with a single screen; (ii) "Theatre with multiple
screens" means a theatre in a permanent building with more than one screen
in the same theatre building; (31)
"Town
Planning Officer" means the Town Planning Officer of the city corporation
if the Auditorium or multiplex or licensed place is within its limits, Town
Planning Member of the urban development authority, if the auditorium or
multiplex or licensed place is within its limits (other than City Corporation
limits), Town Planning Officer of the planning authority in which the
auditorium or multiplex or licensed place is situated, Assistant Director, Town
& Country Planning of the district, if the auditorium or multiplex complex
or licensed place is situated outside the city corporation, urban development
authority and planning authority jurisdiction but within the district; (32)
"Voltage"
means the difference of electric potential measured in Volts between any two conductors
or between any part of either conductor and the earth as measured by a
voltmeter meeting Indian Standards; (33)
"
Watt " is a unit of active power and "MW" means Megawatt which
is equal to 106 watts. GENERAL PROVISIONS No license shall be granted in cases where
the notice referred to in section 54 of the Electricity Act, 2003 (Central Act
36 of 2003) has to be given to the Electrical Inspector and to the District
Magistrate until such notice has been given and the Licensing Authority has
informed the Electrical Inspector of the district or area regarding the
decision to issue license. (1)
The
Licensing Authority or an officer authorized by him; or any police officer not
below the rank of a Station House Officer; or any Fire Officer not below the
rank of a Fire Station Officer of Karnataka State Fire and Emergency Services;
or any Health Officer not below the rank of a Taluk Health Officer; or any
officer not below the rank of Electrical Inspector; or any Executive Magistrate
having jurisdiction over the area; or the concerned Jurisdictional executive
engineer, Public Works, Ports and inland transport Department or any person
authorized by him; may enter, at anytime, the Auditorium or multiplex or a
place licensed or proposed to be licensed under the Act and the rules, for the
purpose of satisfying that the provisions of the Act and the rules made there
under, are being complied with by the licensee. (2)
The
licensee shall, on demand by any of the officers referred to in sub-rule (1)
produce the license, the plan and the description attached thereto and any of
the said officers shall communicate through the Licensing Authority, to the
licensee from time to time or as occasion arises orders in regard to the safety
or convenience of the public or for the preservation and maintenance of law,
order, peace and public decency. The Licensing Authority may, if the
circumstances so require after notice to the licensee direct him to provide
additional safeguards and the licensee shall comply with such directions
failing which the licence shall be liable to be cancelled. The applicant for the license shall produce
before the Licensing Authority necessary records relating to ownership of the
premises, including site, building and other equipment required to issue or
renewal of license. (1)
The
licensee shall display the licence and the approved building plan prominently
on the walls of the office of the cinema. (2)
The
licence, approved building plans and other necessary particulars shall also be
preserved in digital form, by the licensee. PROCEDURE FOR APPROVAL OF FILM (1)
The
State Government shall constitute a Film Advisory Board (hereinafter referred
to as the Board) for the purpose of advising the State Government in the matter
of issuing directions under section 12. (2)
the
Film Advisory Board shall consist of,- (i)
the
Regional Commissioner, Bangalore-Chairman. (ii)
the
District Magistrate, Bangalore Urban District-Member. (iii)
the
District Magistrate, Bangalore Rural District-Member. (iv)
the
Commissioner of Collegiate Education, Bangalore-Member. (v)
the
Commissioner, Department of Information and Publicity, Bangalore-Member
Convener. (vi)
the
Commissioner of Police, Bangalore-Member. (vii)
not
less than four non-official members including a representative of the Karnataka
Film Chamber of Commerce, the Karnataka Film Exhibitors Federation, State Level
Film Distributors Association, Kannada Film Producers Association nominated by
the Government. (viii)
any
other official or non official can be co-opted or invited as a special invitee
if necessary by the committee. The term of Office of the non-official
members of the Film Advisory Board shall be for a period of two years, who
shall be eligible for reappointment. The State Government may, for any reason
sufficient in its opinion to remove any non-official member of the Film
Advisory Board at any time before the expiration of his term, remove such
member. The non official members of the Film Advisory
Board shall work in an honorary capacity Unless otherwise directed by the State
Government, the Headquarters of the Film Advisory Board shall be at Bangalore. The Chairman shall preside at all meetings of
the Film Advisory Board. In his absence, the members present may elect one
among themselves to preside. The quorum for a meeting of the Advisory
Board shall be three. (1)
The
Film Advisory Board shall meet as soon as possible after a film is received for
approval for the purpose of scrutinizing films to be approved by the State
Government for exhibition under rule 16 (2)
The
Members shall be paid travel expenses and sitting fee as is applicable to
Group-A officers of the state government, for every meeting attended. The recommendation of the Film Advisory Board
shall be taken by the majority of the members attending the meeting and in the
event of an equality of votes, the Presiding Officer shall have and exercise a
second or casting vote. Films certified by the Central Government
with the previous approval of the Central Film Advisory Board to be scientific
films, films intended for educational purposes, films dealing with news and
current events or documentary films or films of the type specified in section
12 and produced by the State Government or by a Corporation owned or controlled
by the State Government or by an Industrial undertaking of the State Government
and certified by the Board of Film Censors may be approved by the State
Government under section 12 and the provisions of rules 17 to 23 shall not
apply to such films. Any person, desirous of having any films
approved by the State Government and films certified by the Central Film
Advisory Board to be scientific for educational purposes, films dealing with
news and current events or documentary film or corporation owned or controlled
by state Government (under section 12). shall send an application in writing to
the Chairman of the Film Advisory Board indicating the title of the film and
the source from which it can be obtained by exhibitors and such other
particulars as may be required by the Film Advisory Board along with a copy of
the film. He shall arrange to exhibit the film before the Advisory Board at
Bangalore on the date and time to be fixed by the Board. Every such application
shall be accompanied by the fee specified in rule 20. On receipt of an application under rule 17,
the Chairman shall arrange to have the film examined by the Film Advisory Board
at its next meeting with a view to determining whether it can advise the State
Government to approve the film under section 12. If the applicant desires to
make any representation in regard to the film concerned, the Film Advisory
Board shall give him an opportunity. Such representation shall be in writing
and shall be taken into consideration by the Film Advisory Board in making its
recommendation to the State Government. The Film Advisory Board shall forward to the
State Government within five days after the examination of the film under rule
16, its recommendation as to whether the film may be approved by the State
Government under section 12. If after considering the recommendation of the Film
Advisory Board and after making such enquiry as it deems fit, the State
Government decides to approve the film it shall notify the title of the film in
the Karnataka Gazette, together with the address of the person, firm,
organization or Government with whom the licensee can enter into agreement for
the supply of the film: Provided that the State Government shall not
approve any film which has not been certified as suitable for public exhibition
by the Central Board of Film Censors under the Cinematograph Act, 1952 (Central
Act 37 of 1952.) The fee for examination of a film under rule
18 shall be as specified by the State Government from time to time and shall be
paid along with the application under rule 17. Examination and approval of duplicates of
films previously approved shall not be necessary if it is proved that the
second film is a duplicate of the first. If any film is altered by excision, addition
or otherwise after it has been approved by the State Government, it shall be
reexamined by the Film Advisory Board and approved by the State Government. The
fees for such reexamination shall be the same as specified in rule 20 for the
examination of films. The Chairman of the Film Advisory Board shall
maintain a register in which shall be entered the following particulars
namely:- (i)
the
name of every film examined; (ii)
the
name of the person, firm or organization applying for approval; (iii)
the
name of the person or company producing and releasing the film; (iv)
the
name of the country in which the film was originally produced; (v)
the
date of examination; (vi)
the
length of the film in meters, the number of reels and length of each reel in
meters; (vii)
the
remarks of the Board on such examination; and (viii)
the
number and date of the notification published in the Gazette conveying approval
of the Government. Approval of Location of Permanent Cinemas or
Multiplex (1)
A
person who intends to construct a permanent cinema building or multiplex or
convert an existing building into a permanent cinema building or multiplex
shall first make an application to the Licensing Authority in Form 'A'. The
applicant shall also put up a notice in Form 'B' in this behalf on a board on
the proposed site or the building to be converted as the case may be, in such a
position that it can be prominently visible and can be seen from the public
thoroughfare. Such notice shall be in kannada and English. The notice on the
Board shall be on display until the application for licence is decided by the Licensing
Authority. The Board shall be at least 1.25m x 1.00 m in size and the notice
shall be in bold and clearly legible letters. (2)
The
application shall be accompanied by._ (i)
an
extract of a town map drawn correctly to scale in six copies with one original
plan printed on tracing film and also in digital format, and six prints or
copies of the same map shall be provided clearly indicating the surrounding
roads and buildings which exist up to a distance of 500 meters and 1000 meters
in case of drive-in cinemas from the proposed site, the distance of all
educational institutions, hospitals, places of worship or other places of
public importance from the said site are also be shown. (ii)
The
site plan in original printed on tracing film and also in digital format with
six prints drawn correctly to scale of not less than 1:500 indicating therein
the block levels, showing position of the cinema or multiplex and its premises
in relation to any adjacent buildings, out-houses and other structures,
sub-ways, roads, passages, wells, cisterns, hydrants, if any, drains, water
sewer and gas mains, underground cables, overhead high and extra high voltage
lines, telegraph and telephone lines, high flood marks of nearby river or
nalas, maximum water level of adjacent reservoirs, tanks, water level of
adjacent wells, if any in the rainy season within the site and giving the size
of the site as well as the proposed built and open areas in square meters
together with number of seats to be accommodated; and (iii)
The
treasury challan for having credited the fees as notified by the Government
from time to time for the grant of No Objection Certificate. (1)
The
Licensing Authority shall on receipt of an application under rule 24, notify,
at the cost of the applicant, to the public of such intention by publication in
two local newspapers one in Kannada language and one in English having wide
circulation in the area, inviting objections. Such notice shall be in Form 'C'
and the period within which the objections shall be sent to the Licensing
Authority shall be fifteen days from the date of such publication. The
Licensing Authority shall simultaneously forward copies of the application,
with its enclosures or documents furnished by the applicant to Town Planning
Officer in City Corporation/Urban Development Authority/Planning
Authority/Assistant Director, Town and Country Planning of the district as the
case may be, District Health and Family Welfare Officer, Executive Engineer,
Public Works Department of the district and the Superintendent of Police of the
district/Commissioner of Police of the city/District Fire Officer of Fire and
Emergency Services of the Electrical Inspector of the District or area for the
purpose of obtaining their views regarding suitability or otherwise of the
proposed site for the location of a permanent cinema or multiplex. (2)
The
Licensing Authority shall, as early as possible and in any case within a period
not exceeding thirty days after the expiry of period specified in sub-rule (1),
take a decision regarding the suitability or otherwise of the proposed site for
the location of the permanent cinema or multiplex. The different authorities
mentioned in sub-rule (1) shall furnish their views to the Licensing Authority
as early as possible and in any case within a period of thirty days after the
expiry of period mentioned in sub-rule (1). If no views are furnished by the
authorities specified within the prescribed period, the Licensing Authority
shall presume that there is no objection to the grant of No Objection
Certificate. (3)
The
Licensing Authority shall, before taking a decision regarding the suitability
or otherwise of the site for the location of the permanent cinema or multiplex
take into consideration the opinion of the different authorities mentioned in
sub rule (1) and objections, if any received in response to the publication
under sub-rule (1). (1)
No
Objection Certificate shall not be granted in respect of any cinema unless,- (a)
the
cinema site is of a minimum area,- (i)
in
case the total number of seats in the proposed cinema building is four hundred
or less of nine hundred square meters with one side of not less than eighteen
meters abutting the road; (ii)
in
case the total number of seats in the proposed cinema building is six hundred
or less of one thousand three hundred and fifty square meters with one side of
not less than eighteen meters abutting the road; (iii)
in
case the total number of seats in the proposed cinema building is eight hundred
or less of thousand eight hundred square meters with one side of not less than
Thirty meters abutting the road where the theatre does not have a balcony
seating arrangement; (iv)
in
case the total number of seats in the proposed cinema building is eight hundred
or less of one thousand two hundred square meters with one side of not less
than twenty meters abutting the road where the theatre has a balcony seating
arrangement; (v)
in
case total number of seats in the proposed cinema building is one thousand or
less of two thousand two hundred and fifty square meters with one side of not
less than thirty meters abutting the road; where the theatre does not have a
balcony seating arrangement; (vi)
in
case total number of seats in the proposed cinema building is one thousand or
less of one thousand five hundred square meters with one side of not less than
twenty meters abutting the road; where theatre has a balcony seating
arrangement; (vii)
In
case total number of seats in the proposed cinema building is one thousand two
hundred or less of two thousand seven hundred square meters with one side of
not less than thirty six meters abutting the road; where the theatre does not
have a balcony seating arrangement; (viii)
In
case the total number of seats in the proposed cinema building is one thousand
two hundred or less of one thousand eight hundred square meters with one side
of not less than thirty meters abutting the road; where theatre has a balcony
seating arrangement. (b)
(i)
The cinema site is situated in permissible zones of land use earmarked in
master plan prepared for an area by the competent authority under Karnataka
Town and Country Planning Act: Provided that where master plans have not
been prepared existing predominantly commercial areas shall be taken into consideration. (ii) In rural areas, in the absence of
approved master plans a permanent cinema theatre or multiplex may be permitted
by the licensing authority, if the conditions are fulfilled regarding road
width and all other conditions stipulated under cinematograph rules and also
laws regarding conversion of land use by the competent authority. (c)
The
cinema or multiplex site is situated by the side of a public thoroughfare the
minimum width of road including footpath shall be twelve meters in urban areas and
nine meters including footpath in rural areas: Provided that the Licensing Authority may, by
order in writing, subject to such conditions and restrictions may permit, if
the cinema or multiplex site is situated by the side of a public thoroughfare
other than National Highway/State Highway/Major District Roads, Major Roads,
the minimum width of road including footpath shall be nine meters in urban and
rural areas. (d)
The
cinema or multiplex building shall have a front set back of eight meters or as
is in the Karnataka Highway Rules, 1966, whichever is higher. (e)
The
cinema site shall have a entrance and exit for the public on such roads, which
shall have minimum width of six meters each. (f)
The
cinema site must have a suitable parking space, for the theatre existing as on
the of commencement of these rules,- (i)
at
one car parking space for every fifty seats, subject to a minimum of space for
twenty cars in places having a population of ten lakhs and above; (ii)
at
one car parking space for every fifty seats, subject to a minimum space for
fifteen cars in places having a population between one to ten lakhs; and (iii)
at
one car parking space for every fifty seats, subject to a minimum of space for
ten cars in places having a population between Fifty Thousand and one lakh (iv)
at
one car parking space for every fifty seats subject to a minimum of space for
five cars in places having a population of less than fifty thousand. (g)
The
cinema site must have a suitable parking space, for the theatres proposed as on
and from the date of commencement of these rules,- (i)
one
car parking space for every twenty five seats for permanent cinema theatres and
one car parking space for every twenty five seats for multiplexes subject to a
minimum of space for twenty cars in places having a population of ten lakhs and
above; (ii)
one
car parking space for every fifty seats for permanent cinema theatres and one
car parking space for every twenty five seats for multiplexes subject to a
minimum of space for fifteen cars in places having a population between one to
ten lakhs; (iii)
one
car parking space for every fifty seats for cinema theatres and one car parking
space for every twenty five seats for multiplexes subject to a minimum of space
for ten cars in places having a population between fifty thousand and one lakh;
and (iv)
one
car parking space for every fifty seats for cinema theatres and one car parking
space for every twenty five seats for multiplexes subject to a minimum of space
for five cars in places having a population of less than fifty thousand. (h)
Cinema
site and multiplex existing as on the date of commencement of these rules and
the cinema site and multiplex proposed as on and from the date of commencement
of these rules must have suitable parking space,- (i)
an
additional two and three wheeler parking of twenty five percent of the required
number of car parking shall be provided including that for cycle parking
subject to a minimum of fifty cycles; (ii)
In
case of a Multiplex the vehicle parking requirement shall be as specified above
or as provided in the respective zoning regulations, whichever is higher. In
such cases, vehicle parking for the theatre portion shall be exclusively
earmarked in the total parking requirement for the whole building: Provided that a suitable parking arrangements
shall be earmarked for physically challenged persons. (iii)
The
clear distance between the cinema or multiplex building and inner limits of the
compound wall and between the cinema building and all other buildings in the
same compound shall not be less than eight meters at the entrance side and four
and half meters at the other sides: Provided that this shall not apply to the
existing cinema theatres and cinema premises for which No Objection Certificate
is issued before coming into force of the Karnataka Cinemas (Regulation) Rules,
2014: Provided further that in the case of a
multiplex building the distance shall be as specified in these rules or in the
respective zoning regulations, whichever is higher. (i)
The
cinema or multiplex site shall be situated at a place where it is not likely to
cause traffic difficulties or problems. (j)
The
cinema or multiplex site shall be at a distance of not less than,____ (a)
Fifty
meters from.-- (i)
Any
existing petrol bunk or place licensed for a petrol bunk and other places of
fire resort; or (ii)
Any
place of community worship, cremation ground, graveyard or cemetery in use; or (iii)
Any
recognized educational institution or any residential institution attached to
such educational institutions; or (iv)
Any
public hospital or a private nursing home; or (v)
Any
recognized orphanage; or (vi)
Any
thickly populated residential area or an area used generally for residential
purposes as distinguished from business purposes: Provided that the Licensing Authority may, if
the proposal is to construct a sound proof cinema building, at its discretion,
in public interest, considering the suitability of the place, for reasons to be
recorded in writing after inspection of the proposed site, relax, subject to
such conditions as it may consider necessary to impose in each case, all or any
of the conditions specified above. Provided further that considering the facts
and circumstances of each case and after recording reasons there for, different
additional conditions may be imposed, in different cases. (b)
One
hundred meters from any protected monument, defence installations, national
parks, museums, and buildings in which main telephone or telegraph or wireless
or telecommunication installations are located. the cinema site shall be in an elevated place
or free from dampness having proper drainage arrangements; and (a)
In
places having a population of ten thousand or more, the number of cinemas to be
permitted shall be determined,- (i)
If
it is a metropolitan area on the basis of one cinema for every twenty thousand
population or a fraction thereof exceeding ten thousand; and (ii)
In
other places, on the basis of one cinema for every ten thousand population or a
fraction thereof exceeding five thousand; (k)
Location
of cinemas shall not be permitted within a distance of four hundred meters from
each other in towns and cities having a population of five lakhs and above. (2)
Nothing
in sub-rule (2) shall apply for location of cinemas in a metropolitan area if
the cinema building is owned by the local authority concerned. (3)
Each
ward in a metropolitan area shall for the purpose of section 7, be an area. The
Licensing Authority may having regard to the provisions of section 6 and the
provisions of sub-rule(2), as if each such ward is a place for the purpose of
said sub-rule (2) limit the number of places that can be licensed under the Act
in each of such ward: Provided that the total number of places so
determined in respect of all such wards shall not exceed the number permissible
under sub-rule (2) in respect of the metropolitan area taken as a whole. Explanation.-- (1) For the purpose of
sub-rules (2), (3) and (4),- (1)
'distance'
shall be reckoned along the shortest pathway, lane, street or road connecting
the two cinemas and generally used by the members of the public; (2)
'Metropolitan
area' means a city or town declared as Metropolitan area under section 8 of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (3)
'Place'
means, in the case of towns and cities having a population of ten thousand and
above, the area coming within the jurisdiction of the local authority concerned
and in other cases, an area within the radius of five kilo meters from the
centre of the local authority in which the cinema is proposed to be located. (1)
The
Licensing Authority shall, subject to section 5 and orders, if any, made by him
under section 6, if satisfied that the site fulfills all the conditions
specified in rule 26, grant to the applicant, a No Objection Certificate in
Form D for the construction of the cinema or multiplex building. The
Certificate shall be valid for a period of two years from the date of
commencement of the construction of the Complex or building as the case may be.
The Licensing Authority on an application made to him in this behalf, if
satisfied that the applicant for valid reasons, was not able to complete the
complex or building within the said period of two years may extend the validity
of such certificate by a period not exceeding one year at a time so, however,
the total period does not exceed three years. (2)
The
applicant shall, within twelve months from the date of the obtaining a
no-objection certificate, commence construction of the building including
drive-in cinemas. The Licensing Authority may, on an application made to it in
this behalf, if satisfied that the applicant for valid reasons was not able to
commence construction of the building within the said period, extend the period
by a further period not exceeding one year. If construction of the building is
not commenced within the said period of one year or the extended period of one year
if any, the no-objection certificate shall, on the expiry of the said period,
stand cancelled. (3)
On
receipt of application for No Objection Certificate, the Licensing Authority
shall, forward the same to the concerned Departments immediately. Who shall give
their opinion or clearance as far as possible within a period not exceeding
thirty days to the Licensing Authority. The Licensing Authority shall process
the same in consultation with the said Departments and consider the application
for grant of No Objection Certificate within forty five days from the date of
application, or refuse to issue such licence for reasons to be recorded in
writing, within the stipulated time of forty five days. The fee payable in respect of an
application for grant of No Objection Certificate shall be as specified by
Government from time to time. (1)
Any
person who intends to construct within the licensed premises one or more
additional cinemas adjacent to or on the ground floor or on the first floor of
the existing cinema or proposed cinema for which an application has been made
under rule 24 need not obtain a separate No Objection Certificate. However
other provisions relating to a permanent cinema theatre in these rules shall be
applicable mutatis mutandis to such an additional cinema theatre. (2)
The
additional cinemas referred to in sub-rule (1) may be permitted by the
Licensing Authority in the case of cinema sites for which No Objection
Certificate is granted, provided the site is large enough to accommodate the
additional cinemas and cater to the needs of persons and vehicles entering the
premises. The provision for car parking shall be in accordance with rule
26(1)(f) on the basis of total seating capacity of all the cinemas taken
together. If the additional cinema is on the ground floor or on the first
floor, sufficient independent access to the open area of the site from such
additional cinema shall be provided. (3)
Any
person who intends to convert or alter the existing cinema theatre within the
licensed premises by making smaller theatres without increasing the total number
of seats for which an application has been made under rule 24, need not obtain
a separate No Objection Certificate. However other provisions relating to a
permanent cinema theatre in these rules shall be applicable mutatis mutandis to
such an additional cinema theatre. (4)
The
additional cinemas referred to in sub-rule (3), may be permitted by the
Licensing Authority in the case of cinema sites for which No Objection
Certificate is granted, provided the site is large enough to accommodate the
additional cinemas and cater to the needs of persons and vehicles entering the
premises. The provision for car parking shall be in accordance with rule
26(1)(f) on the basis of total seating capacity of all the cinemas taken
together. If the additional cinema is on the ground floor or on the first
floor, sufficient independent access to the open area of the site from such
additional cinema shall be provided. (5)
The
Licensing Authority, shall consult the Superintendent of Police of the
district/Police Commissioner of the city as the case may be, Fire Officer of
the Karnataka State Fire and Emergency services of the district, the Town
Planning Officer of the City Corporation/Urban Local Authority/Planning
authority/Assistant Director, Town and Country Planning of the district,
Executive Engineer, Public Works, Ports and inland transport Department of the
district, Electrical Inspector of the district before granting permission for
constructing an additional cinema as in sub-rules (1) to (4) above. APPROVAL OF PLAN OF BUILDING OF PERMANENT
CINEMA OR MULTIPLEX On receipt of the No Objection Certificate,
the applicant shall submit an application for approval of the plan of the
building to be constructed on the approved site to the Licensing Authority.
Such application shall be accompanied by,- (i)
a
copy of the no objection certificate granted under rule 27; (ii)
a
copy of the approved site plan; (iii)
complete
plan, elevation and sections in quadruplicate in original printed on tracing
film and also in digital format with four prints of the premises and of all
erections and buildings thereon drawn correctly to a scale of not less than
1:100 on prints taken out of any of the standard size tracings and showing
clearly,- (a)
all
dimensions in millimeters and materials of construction indicating the
different materials in distinguishing colours and giving in figures dimensions
the width and depth of walls, beams, scantlings and trusses; (b)
the
width of all staircases and the number of steps in each flight with the rise
and tread of steps the clear width of corridors, passages, openings, aisles and
gangways as well as the height and constructions of all galleries, tiers,
balconies and stages; and fire resistance rate of staircases shall be one hour.
No gas pipeline or electrical lines shall be attached to it. Anti slippery
nosing shall be installed for the steps. One metre height of handrail be
provided. (c)
the
sizes of all doors, windows and ventilators indicating their construction and
the way in which they open and the proposed system of ventilation; (d)
the
proposed seating arrangement; (e)
the
plinth area of each building in square meters separately for ground floor and
upper floors and in tiers, galleries or balconies; (f)
staircases; (g)
water
closets and urinals; (h)
levels
at the different parts of the building in plans and sections; and (iv)
details
and positions of projectors, screen, sound box and other plants and equipment; (v)
detailed
specifications of the works in triplicate to be executed, sufficiently
describing the material to be employed and the mode of construction to be
adopted with calculations, in triplicate showing the loads coming and stresses
occurring in all foundations, piers, columns, stanchions, lintels, beams,
slabs, joists and trusses, such calculations being certified to be correct by a
graduate engineer or a design engineer or a design practitioner or a qualified
architect (1)
On
receipt of the application and particulars specified in rule 30, the Licensing
Authority shall simultaneously forward the applications and particulars to the
Town Planning Officer of City Corporation/Urban Development Authority/Planning
Authority/Assistant Director Town and Country Planning as to verify whether the
building plans satisfy the requirements of these rules and whether the building
proposed to be built is suitable for a cinema and to submit a report to the
Licensing Authority within fifteen days. (2)
On
receipt of the report under sub-rule (1), the Licensing Authority shall forward
the connected records to the executive engineer, Public works Department of the
district. The executive engineer, Public works, Ports and inland transport
Department shall examine the design calculations and if he is satisfied after
scrutiny that the building if constructed as per the specifications and designs
would be sound enough, he shall within fifteen days forward his report to the
Licensing Authority, attaching a certificate that the specifications and
designs are acceptable. (3)
On
receipt of the acceptance of design and specification by the executive engineer
Public works, Ports and inland transport Department, the Licensing Authority
shall direct the applicant to submit the plan, elevation and electrical
drawings in quadruplicate in blue print or computer print and also in digital
format showing the location of the cinematograph apparatus and complete
electrical installations wiring diagram indicating all wiring, light-points,
switches, plugs, distribution boards and other electric machinery indicating
different circuits in different colours and earthing details to the Electrical
Inspector. (4)
Thereafter,
the Electrical Inspector shall examine the designs pertaining to the
cinematograph plant, the electrical installations along with electrical wiring
diagram and plan details showing the electrical system submitted by the
applicant and if he is satisfied after scrutiny, that they are in accordance
with the provisions of these rules relating to safety of electrical
installation, he shall forward his report to the Licensing Authority within
fifteen days. On receipt of the reports under rule 31 the
Licensing Authority shall, after satisfying itself that all the requirements
under these rules are fulfilled, approve the plan of the building and grant a
licence. If he is satisfied that the requirements of these rules are not
fulfilled, he shall refuse the licence. The order of the Licensing Authority
under this rule, shall be in writing and shall contain reasons on for such
decision. The Licensing Authority shall communicate his
decision to grant or refuse to the applicant within a period of fifteen days,
after the receipt of the reports referred to in sub-rule (3) of rule 31. Approval of Building Construction and Issue
of Licence in respect of permanent or multiplex building (1)
The
licensee shall notify,- (i)
The
Executive Engineer, public works, Ports and inland transport department fifteen
days earlier to the commencement of construction of cinema or multiplex and
ancillary buildings to enable him to issue the certificate of soundness under
sub-rule (3); and (ii)
The
Electrical Inspector fifteen days earlier to the commencement of wiring for
electrical installation, to enable him to issue the electrical certificate
under sub rule (4). Such notice shall be accompanied by a treasury challan for
having paid the fees specified under sub-rule (8). (2)
On
completion of the building and electrical installation according to the approved
plan, the applicant shall on an application shall obtain. (i)
a
certificate from the executive engineer, Public works Department in respect of
matters covered in rules 43 to 56; (ii)
a
certificate in form ' E-1' from the Electrical Inspector in respect of matters
covered by rules 3, 57 to 73, 77(5) and 82; (iii)
a
certificate in form 'E-2' from the Fire Officer, Fire and Emergency Services of
the district in respect of matters covered under Chapter-IX (iv)
a
certificate in form 'E-3' from the District Health and Family Welfare Officer
in respect of matters covering the provisions relating to health and
cleanliness of the premises. (v)
In
case of Multiplex Complex, the licensee shall obtain a separate No objection
certificate from the Department of Fire and Emergency Services for the whole
building including the theatre portion. (3)
If
the executive engineer public works, Ports and inland transport Department is
satisfied about the structural soundness of the cinema or multiplex building,
he shall issue a certificate within fifteen days after receipt of the
application under sub-rule (2)(a) to that effect and such certificate shall be
valid for period of five years. In the case of any cinema theatre or multiplex
which does not fulfill the requirements the executive engineer, public works,
Ports and inland transport department shall, reject the application for issuing
of certificate for five years or may reduce the period of the certificate, for
reasons to be recorded in writing and after giving the applicant an opportunity
of being heard, and the reasons shall be communicated to the Licensing
Authority. (4)
Within
fifteen days after the receipt of the application under sub-rule(2), the
electrical Inspector shall, if he is satisfied about the suitability of the
electrical installations and equipments, issue a certificate in Form 'E-1' and
shall be valid for a period of five years from the date of issue. In the case
of any cinema theatre or multiplex which does not fulfill the requirements the
electrical inspector shall, reject the application for issuing of certificate
for five years or may reduce the period of the certificate, for reasons to be
recorded in writing and after giving the applicant an opportunity of being
heard, and the reasons shall be communicated to the Licensing Authority. (5)
If
the Fire Officer is satisfied that the Fire Fighting appliances and other
equipments specified in Chapter IX are provided to the cinema or multiplex
building, he shall issue a certificate in form 'E-2' within fifteen days after
the receipt of the application, which shall be valid for a period five years in
the case of any cinema theatre or multiplex which does not fulfill the
requirements the fire officer shall reject the application for issuing of
certificate for five years or may reduce the period of the certificate, for
reasons to be recorded in writing and after giving the applicant an opportunity
of being heard, and the reasons shall be communicated to the Licensing
Authority. Efficiency/Fitness/Working condition of the fire fighting appliances
in every cinema theatre or multiplex shall be checked annually by the Fire
Officer of the district. (6)
If
the District Health and Family Welfare Officer is satisfied about the
provisions made for maintenance of sanitary facilities, public health, hygiene
and cleanliness of the premises; he shall issue a certificate in form 'E-3'
within fifteen days after receipt of the application, which shall be valid for
a period of five years in the case of any cinema theatre or multiplex which
does not fulfill the requirements the district health and family welfare
officer shall reject the application for issuing of certificate for five years
or may reduce the period of the certificate, for reasons to be recorded in
writing and after giving the applicant an opportunity of being heard, and the
reasons shall be communicated to the Licensing Authority. (7)
For
the purpose of issuing a certificate under sub-rules (3), (4), (5) and (6), the
executive engineer public works department, electrical inspector the Fire
Officer, the District Health and Family Welfare Officer shall visit and inspect
the cinema or multiplex building and premises and their inspection reports
shall be part of the report submitted to the Licensing Authority. (8)
Fees
for inspection and issue of the certificates regarding the cinema theatres and
multiplexes shall be as specified by the Government from time to time and
credited to the head of account so specified. (9)
A
copy of the certificate issued by the above officers may be obtained on payment
of fees specified by the Government After obtaining the certificates referred to
in rule 34, the applicant may submit his application for licence in writing to
the Licensing Authority. The application shall be accompanied by,- (i)
the
certificate issued by the executive engineer Public Works, Ports and inland
transport department under sub-rule(3) of rule 34; (ii)
The
certificate issued by the electrical inspector of the district or area under
sub-rule(4) of rule 34; (iii)
the
certificate issued by the Fire Officer under sub-rule(5) of rule 34; (iv)
the
certificate issued by the district health and Family Welfare Officer under
sub-rule(6) of rule 34. (v)
a
declaration by the applicant that he has completed all arrangements for
obtaining films approved by the Central Government with the previous approval
of the Films Division for exhibition at each performance together, with a
statement from the suppliers confirming that such arrangements have been made;
and (vi)
a
treasury challan for the payment of licence fees as specified by the
Government. (1)
On
receipt of the application for license, the Licensing Authority shall, if it is
satisfied that all works are carried out as per the approved plans and all
arrangements are made for exhibition of film, issue to the applicant within
fifteen days from the date of its receipt of application, a licence in form 'F'
or refuse to issue such licence for reasons to be recorded in writing. The
Licensing Authority may refuse to issue a licence if the application for the
license is not made before the expiry of the period of validity of the no
objection Certificate. For this purpose, the Licensing Authority may make such
local inspection as it considers necessary. A copy of the plans and drawings
referred to in rule 32 shall be attached to the license. (2)
A
duplicate or a copy of the licence may be obtained from the Licensing Authority
on payment of fees specified by Government from time to time. (1)
A
Licence granted under rule 36 shall be valid for a period of five years from
the date of issue of the licence, but not less than three years subject to
annual verification from Fire and Emergency Services and Electrical
Inspectorate Department: Provided that the Licensing Authority may for
reasons to be recorded in writing, grant a licence for a period lesser than
five years. No subsequent addition or alteration shall be
made to the cinema or multiplex building in respect of which a license has been
granted except with the previous approval of the Licensing Authority obtained
in accordance with rules 39 and 40. (1)
The
licensee shall give notice in writing to the Licensing Authority of his
intention to add or alter the licensed place or any portion thereof. Such
notice shall state clearly the additions or alterations proposed and shall be
accompanied by complete plans, elevations and sections and block plans and
specifications of the work to be executed drawn up in quadruplicate in the
manner required by rule 30 along with the original certificates. It shall not
be necessary to obtain a No Objection Certificate for this purpose. The
Licensing Authority shall before according sanction to the proposed additions
or alterations, follow the procedure laid down in sub-rule 1 and 2 of rule 31.
The licensing Authority shall after the receipt of opinion under rule 31
approve the proposal of such addition or alterations within fifteen days from
the date of receipt of notice. (2)
Additions
and alterations of cinema theatre shall include increasing the number of
screens from one to two or three in the existing licensed premises without
increasing the area or the total number of seats approved for single screen
viewing and all other provisions relating to a permanent cinema theatre in
these rules shall be applicable to such additions and alterations of cinema
theatre or multiplex. (1)
The
licensee shall give notice to the Licensing Authority in writing of his
intention to make additions or alterations to the electrical installations or
apparatus. The Licensing Authority shall forward such notice to the Electrical
Inspector. Where the Electrical Inspector reports after inspection that the
alterations or additions proposed are in accordance with the provisions of
these rules, the Licensing Authority shall approve the proposal following as
far as may be, the procedure laid down in sub-rule(3) of rule 31. (2)
If,
in the opinion of the Licensing Authority, further inspection is necessary, he
may direct and require the licensee to pay in advance fees specified in this
behalf by the Government from time to time. (3)
If
during the interval between two periodical inspections, any further inspection
shall in the opinion of the Electrical Inspector becomes necessary on account
of the neglect or failure of the person in charge to carry out any written
orders of such officer issued under sub-rule(2) of rule 4 within the time
specified by him or if during any inspection the installation be found
defective, fees specified in this behalf by the Government from time to time
shall be charged for such further inspection and such fee shall be paid by the
licensee. No licensee shall exhibit cinematograph shows
before 8.00 A.M. The last show shall not commence after 10.00 P.M. PROVISION IN RESPECT
OF BUILDINGS PERMANENT CINEMA OR MULTIPLEX ?For the
purpose of this Chapter, unless the context otherwise requires,- (1)
(1)" Aisles" means the gangway left within
and around the seating area for walking into or out of the group of seats; (2)
"Back Stage wall" means the wall at the
back of the stage facing the audience; (3)
"Balcony floor" means extra floor
constructed over part of the house for seating additional audience which may or
may not project beyond the rear wall; (4)
"Balcony soffit" means the area of under
surface of the balcony within the hall; (5)
"Cinema Premises" means the area of the
entire site, licensed for running a cinema and includes the cinema building and
other adjuncts within the site; (6)
"Multiplex" means the area licensed for
running a cinema and its related portions of the building and area in the
licensed premises. (7)
"Corridor", "Passage",
"Verandah" means the space provided for the purpose of movement of
persons within the cinema building, but outside the auditorium. (8)
"Crush hall" means the first entrance hall
(which may be provided in addition to the foyer) outside the main hall for
purposes such as buying tickets, and awaiting; (9)
"Foyer" means the hall in front of the
entrance in which the audience may wait before actually entering the cinema
house; (10)
"Lobby" means the passage or small
ante-room into which one or more rooms open; (11)
"Lounge" means the sitting room or place
for relaxation; (12)
"Proscenium" means the total opening
between the stage and the house through which the audience witness a
performance on the stage; (13)
"Proscenium overhang" means the front area
of the proscenium that is still visible to the audience when the curtain is
lowered and includes the curtain and the arch of the frame work that holds it; (14)
"Raking of seats" means the gradual rise
in the level of seats in successive rows, away from the stage, so as to ensure
unobstructed view of the stage performance to the audience. (15)
"Ramp" means the ramp provided for the
physically challenged. (16)
"Rear wall" means the wall facing the
stage at the end of the hall; (17)
"Stage appren" means the portion of stage
which extends beyond the proscenium into the house; (18)
"Staggering of seats" means the
arrangements of seats in a manner whereby seats are displaced (relating to each
row) by half-seat pitch in every successive row. (1)
No site which shall admit storm-water draining into
it owing to its level or location shall be used for the construction of a
building, unless arrangements are made to prevent effectually the flooding of
the site either by draining into a storm-water course, if such a course is
available, or by raising the level of the site to an adequate height by the
deposit of layers of sand and non putrescible materials. (2)
No site wherein the soil and sub-soil shall be so
saturated with water that dampness of the floor and walls of the building is
inevitable, shall be used for the construction of a building, unless a
damp-proof course is provided in the basement of the building not higher than
the level of the lowest floor and unless the flooring is made with a material
approved by the Licensing Authority which shall effectively prevent the
dampness rising in the floor of the building. (3)
Every person who constructs, reconstructs or alters
or adds to, a building shall, wherever the site is within fifteen meters of any
tank, reservoir, water-course, river, fresh-water channel or well, carry out
such measures as may be necessary or as the Licensing Authority may direct, for
the purpose of preventing any contamination of, or any risk of the drainage of
the building passing into, such tank, reservoir, water course, river, fresh
water, channel or well. The cinema or multiplex premises shall be enclosed
with proper external or partly walls of brick, stone, concrete and R.C.C.
thickness of which shall not be less than 350 mm, 400 mm, 300mm and 150 mm.
respectively and of sufficient height. All the buildings and erections within the cinema or
multiplex premises and the floor roof ceiling, balconies, galleries, tiers,
partitions and every room, lobby, corridor, passages and staircases in such
buildings and erections intended for the exclusive use of the public during the
performance shall be constructed of fire resisting materials and all steel and
cast iron trusses and columns, piers, stanchions, shall be protected by fire
resisting materials, namely, I.S. specifications such as those specified in Schedule
'B': Provided that the following materials may be used
for the ceiling and walls, namely:- (1)
Compressed cane or wood fiber board, imperforated
and perforated; (2)
Wood particle board; (3)
Compressed wood wool; (4)
Mineral or glass wool quiltes and nuts; (5)
Mineral or compressed glass wool tiles. (6)
Composite units perforated board (hard board,
asbestos board or metal sheet) backed by mineral or glass wool quilt or slab; (7)
Special absorbers constructed of hard board teak
ply, backed by air; floor of the highest part of the tires, gallery or balcony
and the lowest part of the roof ceiling over the same shall not in any part be
less than 3.35 meters. The height between any tier, gallery or balcony and the
ceiling of soffit of another tier, gallery or balcony above it shall in no case
be less than 2.75 meters. (8)
Composite units of perforated hard-board backed by
perforated fiber board; and (9)
Plaster of Paris, etc., and other similar materials
approved by the Licensing Authority. (1)
The auditorium floor must be on the ground floor and
where it is in the first floor, sufficient number of staircases shall be
provided for easy egress of public in case of fire and other accidents from the
main foyer and side verandahs to the open at the rate of one meter linear width
of stairs for every fifty square meters of floor area of auditorium, all tiers,
galleries and balconies, properly distributed on the front and to sides of the
auditorium. Provided that in the case of multiplex, auditorium
may be in any floor if sufficient number of staircases and lifts are provided
in the multiplex complex for entrance and exit in case of emergency. (2)
The floor shall slope in order to provide a good
view of the screen but not steeper than 1:4 and no part of the floor shall be
more than 0.9 meters lower or 1.3 meters higher than the adjoining verandah (3)
The auditorium floor shall slope in order to provide
a good view of the screen, and the angle of elevation of the inclined floor in
an auditorium shall not be less than 1:7 and not more than 1:4 and no part of
the floor shall be more than one meter lower or one and a half meters higher
than the adjoining passage or verandah. (4)
False roof ceiling if any, for the auditorium shall
be with materials specified in rule 45: Where the first tier, gallery or balcony extends
over any part of the auditorium, the height between the floor of the auditorium
and the ceiling of soffit of such tier, gallery or balcony shall not in any
part be less than three meters. (1)
The cinematograph apparatus shall be placed in a
room of substantial construction made of fire proof materials of 2-4 hour
ratings, the floor of which shall have a minimum floor finish of fifty
millimeters to embedded cables under rule 67: Provided that in the case of existing and proposed
cinema theatres or multiplex with advanced technology like digital projectors,
digital sound system, a separate projection room is not mandatory. (2)
The projection room shall have no connection with
the auditorium, except the projection and observer openings: (3)
The projection room having one projector must have
at least seven and half square meters floor area with 2.5 meters as smallest
dimension and with a clear height of not less than 3 meters. For each
additional projector, there shall be 2.3 square meters of floor space: (4)
There shall be a regular staircase leading to ground
floor and to floor below. (5)
The door of the projection room shall be fire-proof
and all openings, bushes and joints shall be so constructed and maintained as
to prevent, as far as possible, the escape of any smoke into the auditorium.
Ventilation shall be provided for the projection room, but the ventilation
ducts shall not communicate direct with the auditorium. The area of the
ventilating ducts shall not be less than one per cent of the floor area of the
projection room. Explanation.--In this rule, bush means packing
inserted in the holes through which the pipes and cables pass in order to
render such holes reasonably smoke proof. (6)
There shall be a rewinding room or enclosure by the
side of the projection room for the purpose of rewinding of films and where the
rewinding room or enclosure adjoins the projection room and has door in
between, leading from one to the other, this door shall be self closing fire
resistant door: (7)
If the enclosure is inside the auditorium, no
openings other than those required for projection and observation of the
enclosure shall be permitted to communicate with the auditorium. The rewinding
room or enclosure by the side/inside the projection room for the purpose of
rewinding rooms shall have a self closing fire resistant door: Provided that in the case of multiplex or a existing
and proposed cinema theatre with advanced technology like digital projectors,
digital sound system, rewinding room is not mandatory. (8)
The projector openings shall be in accordance with
the type of projection such as 35 millimeters, 70 millimeters, Cinemascope and
Cinerama, Wide angle, Vista vision: Provided that in the case of multiplex or a existing
or proposed cinema theatre with advanced technology like digital projectors,
digital sound system, this sub-rule shall not apply. (9)
Each Opening shall be provided with a plate glass
screen of not less than 5 millimeters, in thickness fixed in position with a
smoke tight joint: Provided that for openings for more than 250
millimeters square,- (i)
the glass screens used shall be armored plate or
wired plate glass; (ii)
the metal screens shall be provided in addition to
the glass screens and the openings shall be closed with the metal screens when
not in use for projection; and (iii)
a notice shall be put in the cabin to the effect
that the openings shall be closed with the metal screens when the openings are
not in use. (10)
(i) Projection room shall be in the charge of a
person who has attained the age of 18 years and who is holding a Cinema
operator's permit issued by the Chief Electrical Inspector to Government. Provided that, a candidate who holds a certificate
for having passed the Craft Course in Cinema operation or Diploma in
Cinematography conducted by the Board of Technical Education in Cinematography
in Karnataka or degree/diploma in Electrical and Electronics Engineering
recognized by the State Government or Central Government shall be exempted from
appearing for the examination conducted by the Karnataka Cinema Operator's
Examination Board for obtaining the cinema operator permit. (ii) The operator shall satisfy himself before the
commencement of each performance that all cables, leads, connections and
resistances as also the portable fire extinguishers in the projection room are
in proper working order. He shall be present in the projection room during the
time the machine is being operated: Provided that in the case of multiplex or existing
or proposed cinema theatre with advanced technology like digital projector,
digital sound system, although projection room is not mandatory the operator
shall be present during the time the machine is being operated. (iii) Two operators shall be got endorsed in favour
of the theatre with conventional projectors and one operator per screen shall
be got endorsed in favour of the theatre in case of multiplex and also theatre
with advance technology like digital projection system, from the Department of
Electrical Inspectorate. Provided that in the case of multiplex or existing
or proposed cinema theatre with advanced technology like digital projector,
digital sound system, although projection room is not mandatory, the operator
shall be present during the time such machines are being operated. (iv) Failure to employ such an operator shall render
the electrical certificate of cinema theatre or multiplex liable to be
suspended or cancelled. (11)
Constitution of Karnataka Cinema Operator's
Examination Board.--The State Government by a separate notification may
constitute Board of examiners to conduct required examination to issue Cinema
Operator's permit for the purpose of these Rules. (1)
For cinema theatres or multiplex existing before the
date of commencement of these rules, no cinema theatre or multiplex shall be
licensed to accommodate more than twenty persons per ten square meters in the
auditorium. provided that 0.5 square meters area per person is
provided for sitting after making the exclusions like area occupied by
entrances, gangways, stages etc., Accordingly the licensing authority shall
specify the number of persons to be admitted to the auditorium. (2)
For cinema theatres or multiplex proposed on and
after the date of commencement of these rules, no cinema theatre or multiplex
shall be licensed to accommodate more than twenty persons per twelve square
meters in the auditorium. provided that 0.6 square meters area per person is
provided for sitting, after making the exclusions like area occupied by
entrances, gangways, stages etc., Accordingly the licensing authority shall
specify the number of persons to be admitted to the auditorium. (3)
The entrances, aisle, stage, stage aprons,
staircases, passages, corridors shall be deducted before calculating the area
available for determining the seating accommodation. (4)
The rows of the seats shall be arranged in the form
of concentric areas of circles drawn with the centre located as much behind the
centre of the screen as its (screen's) distance from the auditorium rear wall. (5)
The seats shall not be too near the screen. For this
purpose a line drawn in the longitudinal section of the auditorium from the eye
of an observer in the front row (to be assumed at 1,066 millimeters over the
floor level) to the top edge of the screen shall not form an angle of more than
35 degrees with the horizontal. A line drawn in the plan from the eye of the
observer in the extreme end of the front row to the remote end of the screen
shall not form an angle of less than 25 degree with the screen. (5) (6)
The successive rows of seats away from the stage
shall be so arranged as to ensure unobstructed view of the performance. (7)
In any cinema theatre or multiplex, not more than
fifteen seats of one row shall have access from a side aisle and not more than
five from a middle aisle. (8)
For cinema theatres or multiplex existing before the
date of commencement of these rules, for each seat at least 0.50 meters width
and 1.00 meters depth of the floor space shall be provided. (9)
For cinema theatres or multiplex existing from the
date of commencement of these rules, for each seat at least 0.50 meters width
and 1.20 meters depth of the floor space shall be provided. (10)
In all cases, there shall be an intervening space of
atleast 0.5 meters between the back of one seat and the front of the seat
immediately behind, measured between perpendiculars. (11)
There shall be side aisles irrespective of interior
aisles. No side aisle shall be less than 0.915 meters in width and no interior
aisle shall be less than 1.12 meters in width (12)
Seats shall be staggered sideways in relation to
those in front so that a viewer in any row is not looking directly over the
head of the person in front of him: Provided that no staggering of seats shall be
necessary if gallery type of seating arrangement is provided and unobstructed
view of the performance is ensured. (13)
One door exit shall be provided for every hundred
seats inclusive of the central door or doors if provided and shall be
illuminated brightly. (14)
The number of persons admitted into any part of the
auditorium shall not exceed the number specified in the licence for that part
of the auditorium. (15)
All seats, except in the boxes, shall be battened together
in complete lengths and shall be permanently fixed to the floor. (16)
There shall be no loose chairs, except in the boxes
(with not more than eight seats per box) providing 0.65 square meters floor
area for each chair. (17)
No chair or other obstruction shall be placed in any
passage, aisle or staircase landing except to serve a barrier between,
different classes in the auditorium. (18)
No person shall be permitted to sit or stand in the
aisle intersecting the seating or to sit in any aisle between the screen and
the last row. (19)
The middle aisle shall be connected to the side
aisles by (i) one cross aisle of not less than 1.22 meters in width for every
block of three hundred seats in a class; and (ii) a cross aisle of not less
than 1.22 meters in width after the last row of seats in each class: Provided that no cross aisle shall be necessary if
middle aisle leads to an exit or central door without any obstruction. (20)
The licensee shall provide safe, convenient and
comfortable seating arrangement and seats to the public and maintain them in
good condition. (1)
The Auditorium shall have, 1[a verandah or a covered
corridor wherever there are side entrances ]. No corridor, verandah, passage or
staircase landing lobby, not being an internal passage between rows of seats
intended for use as exist shall be less than 1.83 meters clear in width and
there shall be no projection of lights in the wall of such corridors,
verandahs, passages or staircase landing lobby within 2.1 meters height from the
floor. (2)
Wherever possible, gradients or inclined planes
shall be used instead of steps, but no such gradients or inclined planes shall
be steeper than 1 in 10. (3)
No corridor, verandah or passage or gangway shall be
used as a cloak room and no pegs for hanging hats or cloaks shall be allowed
therein. No such corridor, verandah, passage or gangway shall be used for
storage purpose or for any purpose whatever except for exit and entrance from
and to the auditorium. (4)
Where cloak rooms are provided it shall be so
situated that the use of them shall not obstruct the free use of any corridor,
verandah, passage or exit. (5)
Whenever show windows, show-cases and slotting
machines are permitted in the verandahs, corridors and lounges, the Licensing
Authority shall satisfy himself, before issuing the license and regranting the
same that there remains the clear space specified under sub-rule(1) and they
are not located near the entrances and exits so as to avoid concentration of
public and obstruction of easy movement. (1)
No building shall be used for a cinema theatre or
multiplex to which the Act applies unless it is provided with an adequate
number of clearly indicated exits so placed and maintained as readily to afford
the audience ample means of safe egress. There shall be at least one door of
1.5 meters clear width measured between the leaves of the door in the open
position and 2.2 meters clear height for every one hundred seats in the
auditorium, balcony, tier or gallery but not less than two doors in different
walls of the auditorium, balcony, tier or gallery. (2)
A common place of egress may serve as the exit for
all the floors of the auditorium, if the capacity of such place of aggress is
equal to the aggregate capacity specified in sub-rule(1) for the necessary
outlets from such floor and tier. (3)
If the floor or any tier of the auditorium is
divided into two or more parts, separate exits as specified in this rule shall
be provided for such part. (4)
All doors to be used as means of aggress shall be of
fire resisting construction, but a heavy wooden door of not less than 4.4
centimeters thickness may be used as a means of aggress. (5)
No revolving, rolling, sliding, sliding-folding
collapsible doors shall be permitted for the auditorium. (6)
All doors shall be side hung, single swing double
doors opening in the direction, the public move to the exit and all bolts shall
be so arranged that they can be opened from inside in cases of emergency. No
outside bolts or locks shall be fixed for doors meant for the public. Open door
shutters shall neither obstruct the passage nor reduce their clear width
specified in sub-rule(1) of rule 50. No door shall open directly on to a flight
of steps. There shall be a landing a of atleast 1.5 meters flush with the floor (7)
All exit doors shall be unbolted during the
performance. The top and bottom bolts of such doors shall, wherever possible,
be capable of operation from one central handle on each pair of door-shutters. (8)
A notice shall be clearly painted on the exit doors
indicating the method of opening. (9)
Each exit door from the auditorium shall have the
word "EXIT" or its equivalent in the regional language or in both, at
the top painted, in red in letters of 150 millimeters high, being illuminated
by the light which shall be kept on during the time, the public are in the
premises. (10)
Where a curtain is used to cover a door way, it
shall be so hung as to be easily pulled aside and the bottom edge of the
curtain shall not be less than one hundred millimeters above the floor level. (1)
There shall be sufficient ventilators for each room
or passage in every cinema theatre or multiplex with an area of not less than
one-eighth of the floor area, two-thirds of which shall be so arranged as to be
kept open during performances. There shall also be sufficient means of
artificial ventilation with the help of not less than one ceiling fan for every
fifty seats and one exhaust fan for every fifty square meters of the
auditorium, which shall be approved by the Executive Engineer, public works
department. Alternatively, there shall be suitable centralized ventilation
system of sufficient capacity, which shall be approved by the executive
engineer, public works, Ports and inland transport department. (2)
There shall be sufficient ventilation system for the
auditorium of air conditioned theatres or multiplex or air cooled theatres or
multiplex which shall be approved by the executive engineer, public works
department: Provided that when the ventilation system fails
during the performance, the show shall be stopped during the period of its
failure. (1)
Each tier, gallery or balcony with more than fifty
seats shall have at least two independent staircases leading directly to ground
floor, passage or verandah with doors to the open. (2)
No staircase shall be less than 1.5 m wide, width
being measured between the hand-rails. (3)
All staircases shall be constructed of fire proof
materials with fire-resisting roof and ceiling and shall have solid steps of
landing with treads of not less than 300 millimeters measured horizontally
between nose to nose with non-slippery finish and with solid risers of not more
than one hundred and sixty five millimeters high in flight of not more than
fifteen or less than three steps. There shall not be any winders: Provided that in case of elliptical and other curved
forms of stairs, the tread on the inner side shall not be less than 250
millimeters. (4)
No staircases shall have more than two flights of
fifteen 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)
Ramp shall not be steeper than 1:10 (6)
No winders shall be used in any staircase. (7)
Every staircase forming an exit from an upper tier,
gallery or balcony of the auditorium shall be enclosed on both sides with walls
of brick or fire-resisting materials in the stories through which it passes: Provided that staircases leading to the first or
lower tier, gallery or balcony may be left open on one side in which case the
open side shall be provided with extra stout-hand rails and balusters, but in
no case shall the staircase be left open on both sides. (8)
The tread and risers of steps on each staircase
shall be of uniform central width and height. (9)
Where the flight of steps returns upon itself, the
newel wall shall be chased so as to allow the handrails to run without
projecting over the landing. (10)
All staircases shall have on both sides strong
hand-rails firmly secured to the wall by strong metal brackets about
seventy-five millimeters clear there from and about one meter above the stairs
but such hand-rails shall not run on level platforms and landing where the
length of such platform or landing exceeds the width of the stairs. (11)
There shall be no recesses or projections in the
walls of such staircases within 2.2 meters of the floor and any fittings, for
lighting shall be at least 2.2 meters of above the steps or landing. (12)
There shall be a minimum of 2.15 meters head room. (1)
Every cinema theatre or multiplex shall be provided
with sufficient number of water closets and urinals within the main building
for men, women and children, third gender and physically challenged separately. (2)
The scale of sanitary accommodation to be provided
shall be as specified in Schedule "C". (3)
The water closets and urinals shall be connected to
an underground sewer line. (4)
Rain water harvesting system shall be adopted to
conserve and utilize water efficiently. (5)
Every cinema theatre or multiplex shall be provided
with a sufficient number of drinking water taps for men and women separately
but in no case shall there be less than two water taps, one for men and the
other for women. The water taps shall be connected to a water supply pipe, or
when the supply of water by the pipe is cut off or when there is no water
supply pipe, to a tank or water container containing pure drinking water. (1)
Suitable booking windows for the various classes
shall be provided within the premises in such a position that there is room for
queues of purchasers of tickets to form up within the premises without causing
any obstruction to traffic on the public road. (2)
Suitable means of entrance and exit shall be
provided for the public to the ticket booth frontage. (3)
(i) No person other than a licensee or his agent
duly authorized by him in writing 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 or
pass or any other evidence of the right of admission to any cinema theatre or
multiplex. (ii) No ticket or pass or any other evidence of the
right of admission to any cinema theatre or multiplex shall be sold, or kept or
offered or exposed for sale in any place other than the booking windows
provided for the purpose and shall not be sold to any person other than a
person who lines up in a queue, if any, before the booking window: Provided that the Licensing Authority may, in the
case of charitable shows permit in writing the sale of tickets, passes or any
other evidence of the right of admission at places other than the booking
windows and by persons other than the licensee. (4)
The licensee shall not earlier than seven days
preceding the day of the exhibition of the film, book seats in any class in
advance by selling tickets or otherwise. (5)
Sale of tickets online shall be allowed in cinema
theatres and multiplex in accordance with relevant rules. (6)
Charges for each ticket as well as other charges
shall be as applicable in the relevant Acts and rules. (1)
No show rooms, hotels, shops, offices, banks and
Canteens shall be permitted in the cinema building or multiplex except as
provided in sub-rules(2) and (3). (2)
If the cinema building is constructed out of non-inflammable
materials and sound proof, the Licensing Authority may, after consultation with
the local authority having jurisdiction over the place permit opening of
establishment like show rooms, hotels, shops, canteens, banks and offices in a
floor other than the floor in which the cinema or multiplex building is located
and shall not permit shops and establishments selling and serving alcohol and
banned substances. (3)
No permission under sub-rule (2), shall be granted
unless the Licensing Authority is satisfied,- (a)
that adequate provision is made for preventing and
extinguishing fire in the floor in which such establishments are to be opened. (b)
that separate access and exit to such establishments
have been provided so as to permit the visitors to such establishments to
disperse easily and quickly in the event of fire. (c)
that the road to which such establishments are open
is a through fare for the approach of fire engines and appliances. CHAPTER VIII ELECTRICAL INSTALLATIONS IN RESPECT OF
PERMANENT CINEMAS OR MULTIPLEX For purposes of this Chapter, unless the
context other-wise requires,- (1)
"Bush"
means packing inserted in the holes through which the pipes and cables pass in
order to render such holes reasonably smoke proof. (2)
Any
word not defined in these rules particularly in this chapter shall have same
meaning and expressions as defined in the Electricity Act 2003 and Central
Electricity Authority (Measures relating to Safety and Electric Supply)
Regulations 2010 and rules and regulations made thereunder. (1)
The
electric lighting of the premises shall have at least three separate and
distinct main circuits and these shall be,- (i)
Circuit
'A' for the projection room and then, through dimming regulator if any, to the central
lighting of the auditorium, (ii)
Circuit
'B' for approximately one half of the auditorium, passage ways, stair ways,
exits and parts of the buildings open to the public and (iii)
Circuit
'C' for the remaining half of the auditorium, passage ways, stair ways, exits
and parts of the buildings open to the public (2)
The
control of the circuits in respect of 'B' and 'C' shall be remote from each
other. (1)
Where
supply is available on three phase AC system, the circuits 'A', 'B' and 'C'
shall be supplied from three different phases to balance the load (2)
The
main circuits 'A' 'B' and 'C' may be subdivided into as many sub-circuits as
may be considered necessary. Each sub-circuit shall start from a distributing
board and must be through a suitable capacity Earth leakages circuit breakers
(ELCB). (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)
Power
saving and modern technology lighting system shall be adopted like LED, etc. (1)
Main
switch with overload and earth leakage protection shall be provided in the main
switchboard for the control of entire electrical installation. All circuits
shall be efficiently protected by circuit breakers of suitable capacity placed
in positions easily accessible to the staff and in places where they are not
likely to obstruct any passage or exits. (2)
The
switch boards if they are accessible to the public and if they are in the
ticket booths, shall be provided with proper lock-up cases with glass or metal
front and the glass (unless of adequate thickness) shall be protected with a
wire guard or alternatively boxes with lids and sides rendered fire proof by
using suitable fire resistant material. (3)
All
switches and circuit breakers of suitable capacity shall be so marked as to
show clearly which circuit or lamps they control. (1)
Such
number and type of accumulators or automatic DC lights as may be approved by
the Electrical Inspector shall be installed to illuminate the auditorium during
an emergency or failure of power. (2)
The
accumulators shall be placed in a room adequately ventilated to the outside air
and this room shall be of fire-proof construction with fire resisting doors and
shall not be used for any other purpose. Transforming and converting machinery with
the controlling switches and circuit breakers shall be placed in a place
adequately ventilated to outside air, properly lighted and accessible to the
management and shall be used for no other purpose: All motors and electrical equipments, shall,
if permitted be subject to special conditions, but electric fans and similar
motors not taking more than three hundred watts may be used, if separately
wired by circuit breakers on a proper distributing board. All resistances, with the exception of a
resistance for regulating purposes, shall be placed outside the projection room
and, if reasonably practicable, outside the auditorium. If placed inside the
auditorium, such resistances shall be protected by an earthed wireguard or
other efficient means of preventing accidental contacts. (1)
In
any cinema theatre or multiplex, 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 or carbon. All parts of the lamps, lanterns and fittings which are
liable to be handled (except by the person 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 conflagration by contact with scenery or other
inflammable material shall be projected by a wire guard. In no case shall arc
lamps be suspended by the conductors. (3)
All
arc lamps shall be connected with airtight ducts leading to atmosphere. (4)
Advanced
technology projector and sound system like digital projectors, digital sound
system and any other type of advanced technology can be installed and used in
any part of the cinema theatre or multiplex after obtaining permission from the
Electrical Inspector of the district or area. Cables for Cinematograph lamps or digital
projector shall be taken as separate circuits from the projection room power
distribution board. An efficient double pole switch with proper fuse protection
shall be fitted within the projection room in the cinematograph lamp circuit. Within the projection room, all electric
cables, be of fire retardant low smoke type and all cables shall be enclosed in
conduits. All conduits leading to projectors and motors from switch board shall
be embedded in the floor finish without cutting the floor slab and in no case
the conduits and cables be allowed on floor surface. (1)
Foot
lights shall be provided in gangways and passages within the auditorium, the
voltage of which shall not exceed twenty-four volts. (2)
All
lights in the staircases, corridors, passages and exits shall be kept alight
during the time the public are in the cinema and they shall be connected to
alternate source of power. (3)
At
least six torches shall be kept on the premises in proper working order
throughout when the public are on the premises and shall be distributed over
the building so as to be easily accessible to the door keepers. (4)
Emergency
lights covering all the exits shall also be provided. (5)
Emergency
sign boards (fire exit, staircase, safe assembly, fire extinguisher, emergency
alarm switch etc.,) shall be kept brightly and clearly visible. (1)
The
electrical wiring of the entire cinema or multiplex premises should be done in
conduit pipe, metallic or approved rigid poly vinyl chloride. (2)
Bushes
shall be used wherever necessary for metallic conduit pipes. All metallic
tubing shall be efficiently earthed and shall be provided with screw joints or
other means of ensuring a good and permanent electrical connection which must
be continued with boxes and other fittings. (1)
All
suspended fittings shall be firmly fixed. (2)
Combined
gas and electric fittings shall not be used. (3)
Any
electric light pendants or brackets in the auditorium and in front of the
cinema or multiplex building generally shall be at least two and half meters
above the floor to the lowest projecting part of the fittings. No electrical
fittings 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. (4)
(i)
The electrical installation shall be incharge of a properly qualified person
holding a Wireman's or Supervisor's permit issued by the Licensing Advisory and
Examination Board of the Government of Karnataka or shall be incharge of a licensed
Electrical Contractor whose name shall be intimated to the Electrical Inspector
of the district or area. (ii) Licensed Electrical Contractor shall
furnish insulation resistance of all circuits and values of earth electrode
annually to Electrical Inspector of the district. (5)
Instructions
both in English, Hindi and in regional languages for the restoration of persons
suffering from electric shock shall be affixed in a conspicuous place and at
least one pair of rubber gloves in good order shall be provided for use of the
wiremen. (6)
Earthing
shall be done efficiently and perfectly as per Electricity Act 2003, Central
Electricity Authority (measures relating to Safety and Electric Supply)
Regulations, 2010 and rules and regulations thereafter, I S S 3043/1987 and
shall be maintained properly. Earth electrodes shall be kept exposed and
enclosed in masonry enclosures as per I.S. standards so as to facilitate
watering, inspection and periodical testing. Where the supply of current is derived from
special plant on the premises, such plant should in all cases be approved by
the Electrical Inspector of the district or area. A framed wiring diagram in single line
indicating clearly the arrangement of all circuits and sub-circuits of the
electrical installation the position of distribution boards and the size of
cables shall be displayed in the premises and shall be kept up-to date. Such
diagram shall also be maintained in digital format be duly approved by the
Electrical Inspector. (1)
Lightning
conductors shall be provided in every cinema or multiplex building conforming
to relevant I.S. Standards. (2)
Neon
signs if installed, shall be got inspected by the Electrical Inspector before
commissioning. CHAPTER
IX FIRE
FIGHTING INSTALLATION IN RESPECT OF PERMANENT CINEMAS AND MULTIPLEX (1)
Every Cinema theatre or multiplex shall be
provided with telephone located in an easily accessible place. All the
emergency contact numbers including fire, ambulance, police, hospital etc,
shall be displayed prominently. Nearest fire station, telephone number shall be
highlighted with the Control Room Number 101. (2)
The installation and maintenance of the
complete telephone facility shall be done by the licensee at his cost. (1)
The following fire fighting appliances shall
be provided in every cinema or multiplex building, namely:- (a)
In projection room- (i)
One water gel blanket (ii)
Two buckets of water, each of 09 liters
capacity. (iii)
Two carbon dioxide extinguishers, each of two
kg capacity and one carbon dioxide extinguisher of 5 kg capacity. (b)
In auditorium and balcony.-- (i)
Four ABC powder extinguishers, each of 5 kg
capacity in the auditorium and two such extinguishers in the balcony wherever
balcony is in existence. (ii)
Two stirrup pumps attached with flexible
hoses of not less than six meters in length in the auditorium and one stirrup
pump in the balcony wherever balcony is in existence. Each stirrup pump shall
be provided with two flat bottom buckets each of ten liters capacity to be kept
always filled with water; and inbuilt firefighting equipment as required shall
be provided. (iii)
Two carbon dioxide extinguishers, each of two
kg capacity and one carbon dioxide extinguisher of 5 kg capacity. (iv)
One fire bucket of ten liters capacity filled
with water for every one hundred square meters of floor area or part thereof
with a minimum of twelve buckets in the auditorium and two in the balcony. (c)
Near electrical installation,- (i)
One ABC powder extinguishers of 5 kg capacity
near each main switch board. (ii)
Wherever electrical meters, rotary convertors
or any other electrical machinery or apparatus are installed, one ABC powder
extinguisher of 5 kg capacity shall be provided. (2)
All fire fighting appliances shall be kept in
such a manner as to be readily available for use. The majority of the fire fighting
appliances in the auditorium shall be fitted in the neighborhood of the screen
at a height of 1.20 m. (3)
The fire buckets shall have round bottoms,
each of 9 liters capacity. They shall be painted red with the word
"Fire" in large transparent letters in English, Hindi and Kannada filled
with clean, dry sand. (4)
All the portable extinguishers shall be
maintained periodically and subjected to hydraulic pressure test at the
jurisdictional Fire Station or an engineering firm authorized in this behalf by
the Government, to show that it can withstand for one minute a pressure of
twenty kg/cm2 and a certificate of such test shall be submitted to the
Licensing Authority. Similar tests shall be repeated annually thereafter. (5)
The attendants, staff including the cinema
operator of the cinema building or multiplex shall be trained in the use of all
the firefighting equipment maintained in the premises at the Fire &
Emergency Services Academy in the state each one for a period of not less than
three days. (6)
The licensee shall,- (i)
Maintain periodically the portable
fire-extinguisher provided in the licensed premises, as per the manufacturers
specifications and as per the directions of the Fire Officer of Fire and
Emergency Services of the district and recharge it and record the date of
having done so on a slip of paper and paste the same on the outside of such
container; (ii)
each portable fire-extinguisher provided in
the licensed premises shall be discharged once in every year or as directed by
the manufacturer and as per the directions of the Fire officer of Fire and
Emergency Services of the district and recharge it and record the date of such
recharge in suitable point on the external surface of the container of the
portable fire-extinguisher. (1)
All curtains covering the doors and passages
shall be hung so as not to trail on the floor and the lower end of it shall be
at least ten centimeters above the floor level. The curtains shall be treated
with fire retardant solutions. (2)
No unauthorized person shall be allowed to
enter the projection room. (3)
Smoking, use of alcohol, tobacco or any
banned substance shall not be permitted in the entire cinema theatre premises. (4)
No inflammable article shall be taken into or
allowed to remain in the projection room. (5)
Cinematograph projectors shall be fitted with
two metal film boxes of substantial construction to and from which the film
shall be caused to travel: Provided that in case of
cinema theatre with advanced technology like digital projector, digital sound
system or multiplex necessary equipment shall be used in this regard (6)
The film boxes shall be fitted with a film
slot so constructed as to prevent the passage of flame to the interior of the
box. (7)
Films shall be wound upon spools in such a
manner that one wound film shall not at any time reach or project beyond the
edges of the flanges of the spool. The rewinding of the films shall be carried
out only in the rewinding room or enclosure: Provided that in the case of
advanced technology like digital projector and digital sound system rewinding
room is not mandatory. (8)
A rack shall be provided for storing the
closed metal boxes without pilling. Films shall be stored in a separate
store-room and not in the projection room. (9)
If carpets are laid in a cinema theatre or
multiplex they shall be made of fire resistant material and shall be securely
fixed to the floor so that the edges do not turn up or ruck up. If mats are
used, they shall be of fire-resisting material and they shall be let into the
floor in a recess not exceeding the size of the mat and not deeper than the
thickness of the mat. (10)
If electrical switches are installed in the
ticket booths, they shall be made inaccessible to the public by means of proper
covering. CHAPTER
X MAINTENANCE
OF PREMISES IN RESPECT OF PERMANENT CINEMAS AND MULTIPLEX (1)
Maintain in good order all windows and other
means of ventilation in the building; (2)
Every part of such building or place to be
maintained in proper sanitary conditions; (3)
The walls of the building to be hotlime
washed at least once in every six months or to be painted once in every two
years or more often if so required by the Licensing Authority or other
competent municipal or health authority; (4)
The premises to be thoroughly cleaned and all
refuse matters to be removed after every show or more often if so required by
the Licensing Authority or other competent municipal or health authority; and (5)
electrical equipments such as fans, glass,
shades etc., to be periodically cleaned every week and kept in a presentable
condition. No person shall smoke in the
cinema theatre or multiplex premises and any holder of a cinema licence or
multiplex licence or his nominated manager or managers shall ensure that
smoking is prohibited in the entire cinema theatre premises. The licensee or his manager
shall ensure that cleanliness and hygiene are maintained in the cinema theatre
or multiplex premises and ensure banning of spitting and other forms of
pollution of the premises in the interest of public health. 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,- (1)
hawk in the auditorium; or (2)
sell or supply any eatables or drinks to any
member of the audience in the auditorium itself; or (3)
distribute or sell whether for consideration
or not any articles or thing to any member of the audience in the auditorium
itself. No licensee of cinema
theatre or multiplex shall admit to any part of the auditorium a greater number
of persons than the maximum number authorized in the licence to be accommodated
in such part. In order to ensure that this maximum is not exceeded, and more
particularly to facilitate checking by the Competent Authority at any time the
licensee shall issue tickets bearing serial numbers and the date and the number
of the performance on the foils and counter-foils. After each performance, the
ticket books shall be marked "closed" on the last counterfoil issued. The persons in charge of the
projecting apparatus, electrical installations 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 including advance technology like digital system. No cinema or multiplex
building shall be used for any purpose other than exhibition of cinematograph
films except with the previous permission in writing of the Licensing
Authority: Provided that in the case of
Multiplex Complex, the portion of the permanent building used for the purpose
of Cinema theatres, auditorium including the areas for all ancillary uses such
as projector room, toilets, entrance/exit lobbies/corridors, food
kiosks/cafes/canteens attached to the theatre, ticket counters etc. shall only
be considered for the application of this rule No slot or amusement machine
shall be operated in the cinema or multiplex except with the written permission
of the Licensing Authority who shall decide after consultation with local
authority. provided that no such
permission shall be required for machines exclusively used for the sale of
articles like sweets, coffee, tea, snacks and soft drinks vending machines or
for the recording of weight or for dispensation of tickets. CHAPTER
XI REGRANT
OF LICENSES IN RESPECT OF PERMANENT CINEMAS AND MULTIPLEX (1)
(i) Every application for the regrant of a
licence to a cinema or multiplex shall be made to the Licensing Authority one
month before the expiry of the licence. Such application shall be accompanied
by- (i)
The certificates referred to in clause (i),
(ii), (iii) and (iv) and the declaration referred to in clause (v) of rule 35, (ii)
A treasury challan for evidencing the payment
of fees at the rates specified in rule 87. (iii)
A certificate issued by the Competent
Authority for having paid upto date rent in respect of and in which the cinema
building is situated in case such land is obtained on lease from the State
Government or any local authority. (2)
A copy of the application under sub-rule (1)
shall also be sent to the executive engineer public works, Ports and inland
transport department, for the issue of certificate accompanied by a treasure
challan of fees paid, fees specified by the Government from time to time. The
executive engineer public works, Ports and inland transport department, shall
inspect and report to the Licensing Authority whether the cinema or multiplex
building fulfills the requirements of these rules. If the executive engineer
public works department is satisfied that the cinema or multiplex building
fulfill the requirements of these rules, he shall issue a certificate within 15
days after the receipt of the application. However, if the Executive Engineer
Public Works, Ports and inland transport Department, discovers any defects
therein, he shall make a report in writing about the same to the Licensing
Authority, who shall thereupon issue, immediately, a written notice to the
owner for their rectification and specify a reasonable time within which such
rectification shall be carried out. On failure by the licensee to comply with
the terms of such notice within the period specified, the Licensing Authority
shall suspend or cancel the existing licence or shall not regrant the licence,
as the case may be until such rectifications are attended to by the licensee. Provided that in the case of
any cinema theatre or multiplex which does not fulfill the requirements of the
rule the executive engineer public works, Ports and inland transport department
may reject the application for issuing of certificate for five years or reduce
the period of the certificate, for reasons to be recorded in writing and after
giving the applicant an opportunity of being heard, and the reasons for this
shall be communicated to the Licensing Authority. (3)
A copy of the application under sub-rule (1)
shall be sent to the electrical inspector for the issue of certificate of
fitness of electrical installation, accompanied by a treasure challan of fees
paid, fees specified by the Government from time to time. The electrical
inspector shall inspect and report to the Licensing Authority whether the
electrical installations fulfill the requirements of these rules. If the
electrical inspector is satisfied that the electrical installations fulfill the
requirements of these rules, he shall issue a certificate within fifteen days
after the receipt of the application. However, if the electrical inspector
discovers any defect therein, he shall make a report in writing about the same
to the Licensing Authority, who shall thereupon issue, immediately, a written
notice to the owner for their rectification and specify a reasonable time
within which such rectification shall be carried out. On failure by the
licensee to comply with the terms of such notice within the period specified,
the Licensing Authority shall suspend or cancel the existing licence or shall
not regrant the licence, as the case may be until such rectifications are
attended to by the licensee: Provided that in the case of
any cinema theatre or multiplex which does not fulfill the requirements of the
rule the Electrical Inspector may reject the application for issuing of
certificate for five years or reduce the period of the certificate, for reasons
to be recorded in writing and after giving the applicant an opportunity of
being heard, and the reasons for this shall be communicated to the Licensing
Authority. (4)
A copy of the application under sub-rule (1)
shall also be sent to the District Health Officer for the issue of certificate
accompanied by a treasure challan of fees paid, fees specified by the
Government from time to time. The District Health Officer, shall inspect and
report to the Licensing Authority whether the cinema or multiplex building and
premises fulfills the requirements of these rules. If the District Health
Officer is satisfied that the cinema or multiplex building fulfill the
requirements of these rules, he shall issue a certificate within 15 days after
the receipt of the application. However, if the District Health Officer
discovers any defects therein, he shall make a report in writing about the same
to the Licensing Authority, who shall thereupon issue, immediately, a written
notice to the owner for their rectification and specify a reasonable time within
which such rectification shall be carried out. On failure by the licensee to
comply with the terms of such notice within the period specified, the Licensing
Authority shall suspend or cancel the existing licence or shall not regrant the
licence, as the case may be until such rectifications are attended to by the
licensee: Provided that in the case of
any cinema theatre or multiplex which does not fulfill the requirements of the
rule the district health officer shall reject the application for issuing of
certificate for five years or may reduce the period of the certificate, for
reasons to be recorded in writing and after giving the applicant an opportunity
of being heard, and the reasons shall be communicated to the Licensing
Authority. (5)
A copy of the application under sub-rule (1)
shall also be sent to the Fire Officer for the issue of certificate accompanied
by a treasure challan of fees paid, fees specified by the Government from time
to time. Fire Officer of Fire and Emergency Services shall inspect and report
to the Licensing Authority whether the cinema or multiplex building, fire
fighting appliances and equipments fulfills the requirements of these rules. If
the Fire Officer of the district is satisfied that the cinema or multiplex
building, fire fighting appliances and equipments fulfill the requirements of
these rules, he shall issue a certificate within 15 days after the receipt of
the application. However, if the Fire Officer discovers any defects therein, he
shall make a report in writing about the same to the Licensing Authority, who
shall thereupon issue, immediately, a written notice to the owner for their
rectification and specify a reasonable time within which such rectification
should be carried out. On failure by the licensee to comply with the terms of
such notice within the period specified, the Licensing Authority shall suspend
or cancel the existing licence or shall not regrant the licence, as the case
may be until such rectifications are attended to by the licensee: Provided that in the case of
any cinema theatre or multiplex which does not fulfill the requirements of the
rule the fire officer shall reject the application for issuing of certificate
for five years or may reduce the period of the certificate, for reasons to be
recorded in writing and after giving the applicant an opportunity of being
heard, and the reasons shall be communicated to the Licensing Authority. (6)
On receipt of the electrical inspector's
Certificate under sub-rule(2), the executive engineer public works, Ports and inland
transport department's certificate under sub-rule(3), District Health and
Family Welfare Officer's Certificate under sub-rule(4), Fire Officer's
Certificate under sub-rule(5), the Licensing Authority shall examine and
satisfy himself that all the rules have been complied with, issue a licence
valid for a period of five years or reduce the period for reasons, to be
recorded in writing. (1)
If on an application for the regrant of
licence made under rule 85, the Licensing Authority does not for any reason
either regrant the licence or refuse to regrant the same, before the date of
expiry of the licence, he shall grant a temporary permit in form 'H' if
Electrical Inspector's Certificate continues to remain valid. (2)
Such temporary permit shall be subject to the
conditions of the licence sought to be renewed and shall be valid till the
Licensing Authority disposes the application: Provided that the temporary
permit shall cease to be valid and shall be surrendered to the Licensing
Authority on the applicant receiving the licence duly regranted or on his
receiving an order refusing to regrant the licence: Provided further that the
temporary permit shall be surrendered to the Licensing Authority on demand made
at any time in that behalf. (3)
No fee shall be levied for the grant of a
temporary permit. (4)
The temporary permit shall, during the period
of its validity of the thirty days, be deemed to be a licence for the purpose
of these rules. For regrant of every
licence, the same rate of fee as specified in sub-rule 18 of 112 shall be
charged. CHAPTER
XII TOURING
CINEMAS In this Chapter unless the
context otherwise requires,- (a)
"Building" includes any booth, tent
or similar structure used for exhibition of cinematograph films or shows; (b)
"Touring cinema" means an outfit
comprising the cinema apparatus with accessories taken from place to place for
exhibition of cinematograph films or shows at any one place for a period not
exceeding three months. (1)
Every application for grant of licence for
exhibition of films in a touring cinema shall be made in nine sets to the
Licensing Authority, in form 'A-1'. (2)
Application under sub-rule (1) shall be
accompanied by a treasury challan for having paid the specified fee. (3)
The fee for grant of licence under sub-rule
(2) shall be as specified by Government from time to time. (4)
The Licensing Authority may on an application
made to it for grant of licence to run a touring cinema in connection with any
Jatra, Mela or other similar occasions, if satisfied, after such enquiry, as it
deems fit, that the site is suitable for a touring cinema and that it conforms
to the requirements of sub-rule(2) of rule 90, grant a licence to run a touring
cinema for the period of Jatra, Mela or other similar occasions for a period
not exceeding three months. (1)
On receipt of application under rule 89, the
Licensing Authority shall,- (a)
If the application is in order, forward
within seven days from the date of its receipt the copies of such application
to the authorities specified below having jurisdiction over the area where
cinema shows are proposed to be exhibited or conducted for their certificate or
reports as the case may be,- (i)
the Commissioner of Police in the case of
Bangalore City (ii)
The Commissioner of Police of the city. (iii)
the Superintendent of Police in the case of
District. (iv)
the executive engineer, Public Works, Ports
and inland transport department of the district. (v)
The Electrical Inspector of the district. (vi)
The district health and Family Welfare
Officer of the district. (vii)
The Health Officer in the BBMP in case of
Bangalore City. (viii)
The Electrical Inspector of the Electrical
Inspectorate in the case of Bangalore City. (ix)
The Chief Fire Officer in the case of
Bangalore City. (x)
The Fire Officer of the district. (xi)
Local Authority having jurisdiction over the
area. (b)
If the application is not in order the same
may be returned within a period of fifteen days failing which the application
is deemed to have been accepted. (2)
The authorities specified above, shall on the
receipt of applications under sub-rule(1) and before sending certificate or report,
as the case may be, regarding the proposed exhibition of films satisfy
themselves.-- (i)
that there is a need of exhibition of films
in the place where licence is sought; (ii)
that the exhibition of films will not
endanger public safety, law and order, peace and public decency; (iii)
that the building and electrical
installations are adequate and sound for the exhibition of films; (iv)
that adequate provisions are made for
sanitation, ventilation and light; (v)
that necessary precautions have been observed
and provision is made to install fire fighting equipments; (vi)
that the provisions of the Cinematograph. Act
and rules that are in force have been complied with; and (vii)
that there is no objection for grant of
licence. (viii)
The authorities shall, within fifteen days
from the date of receipt of the copies of the application under sub-rule(1),
forward the certificates or reports to the Licensing Authority. If no such
certificate or report is received by the Licensing Authority within the
aforesaid period, it shall be presumed that there is no objection for grant of
licence. (3)
The certificate issued under sub-rule(2),
shall be valid for a period of three months from the date of issue. (4)
The Licensing Authority shall, in deciding
whether to grant or refuse licence for exhibition of films have regard to the
following matters, namely.--- (i)
the interest of the public generally; (ii)
the status, antecedents and previous
experience of the applicant. (5)
On receipt of application for licence, the
Licensing Authority shall, forward the same to the concerned Departments
immediately. Who shall give their opinion or clearance as far as possible
within a period not exceeding fifteen days to the Licensing Authority. The
Licensing Authority shall process the same in consultation with the said
Departments and consider the application for grant of No Objection Certificate
within thirty days from the date of application, or refuse to issue such
licence for reasons to be recorded in writing, within the stipulated time of
thirty days. (6)
The Licensing Authority shall not grant
licence under these rules unless it is satisfied.-- (i)
that the rules have been substantially
complied with; and (ii)
that the adequate precautions have been taken
in the place regarding the safety, convenience and comfort of the persons
attending exhibition and in the public interest and decency. (7)
Subject to the provisions of the Act and
rules made thereunder within fifteen days from the date of receipt of
certificate under sub-rule(2), the Licensing Authority may grant licence to the
applicant in Form G on such terms and conditions and subject to such
restrictions as it may determine. (8)
When the Licensing Authority refuses to grant
any licence, it shall do so by an order communicated to the applicant giving
reasons in writing for such refusal. (9)
A licence granted under these rules shall be
valid for a period of three months from the date of issue of licence. A copy of the licence may be
issued on payment of fees as specified by Government from time to time. In the case of refusal to
grant licence, a refund at the rate of one half of the total amount of the
licence fee paid shall be refunded to the applicant along with the order of
refusal. No person licensed under
these rules shall exhibit or permit to be exhibited any film other than a film
which has been certified as suitable for public exhibition by the authority
constituted under Section 3 of the Cinematograph Act, 1952 (Central Act XXXVII
of 1952), having the prescribed mark of exhibition by that authority. (1)
The building shall be provided on all its
sides with an open space which in no part thereof shall be less than ten meters
in width. (2)
The building shall have a road frontage on
the public thoroughfare upon which the site of such building abuts. (3)
There shall be suitable means of entrance and
exit for the public in such frontage. The licensee shall provide
such sanitary conveniences as may be specified by the Licensing Authority for
exclusive use of men, women and children, third gender and physically
challenged persons according to the scale in rule 54 and shall cause the same
to be maintained in good sanitary condition. In every building
constructed of inflammable materials, there shall be on each side, an aperture
at least two meters high and five and half meters wide. This aperture may be
closed by the ties fixed on split bamboo frame and fastened by twine on the
inside: Provided that no licence
shall be granted if the building is constructed in whole or in part of a material
which, in the opinion of the Licensing Authority, is so inflammable as to be a
source of danger to public or is dangerous otherwise to any other nearby
building. (1)
For cinema touring cinema existing before the
date of commencement of these rules, no touring cinema theatre shall be
licensed to accommodate more than twenty persons per ten square meters in the
auditorium. provided that 0.5 square
meters area per person is provided for sitting after making the exclusions like
area occupied by entrances, gangways, stages etc., Accordingly the licensing
authority shall specify the number of persons to be admitted to the auditorium. (2)
For touring cinema proposed on and after the
date of commencement of these rules, no cinema theatre or multiplex shall be
licensed to accommodate more than twenty persons per twelve square meters in
the auditorium. provided that 0.6 square
meters area per person is provided for sitting, after making the exclusions
like area occupied by entrances, gangways, stages etc., Accordingly the
licensing authority shall specify the number of persons to be admitted to the
auditorium. The licensee shall always
keep in readiness for use suitable capacity UPS, generator, suitable capacity
hand torches and alternate source of lights for use, to illuminate the
auditorium during an emergency or failure of power. (1)
Sufficient provision shall be made for
preventing and extinguishing fire which may occur and which may be specified by
the Licensing Authority. A supply of not less than fifty liters of water per
ten square meters of the area shall be stored in bucket of the same description
as in sub-rule (1) of rule 74, in readiness, one half within and the other half
outside the building. (2)
Fire prevention, fire fighting and evacuation
measures shall be adopted as indicated in sub-rule (1) of rule 75, in
readiness, one half within and the other half outside the building. (1)
No Licence for a touring cinema shall be
granted in respect of a site situated within a distance of 1.6 kilometers from
a permanent cinema or multiplex or 800 meters from another touring cinema: Explanation.--For the
purposes of this rule "distance" shall be reckoned along the shortest
pathway, lane, street or road connecting the two cinemas and generally used by
members of the public. (1)
For touring cinema existing before the date
of commencement of these rules, no cinema theatre or multiplex shall be
licensed to accommodate more than twenty persons per ten square meters in the
auditorium. provided that 0.5 square
meters area per person is provided for sitting after making the exclusions like
area occupied by entrances, gangways, stages etc., Accordingly the licensing
authority shall specify the number of persons to be admitted to the auditorium. (2)
For touring cinema proposed on and after the
date of commencement of these rules, no cinema theatre or multiplex shall be
licensed to accommodate more than twenty persons per twelve square meters in
the auditorium provided that 0.6 square meters area per person is provided for
sitting, after making the exclusions like area occupied by entrances, gangways,
stages etc., Accordingly the licensing authority shall specify the number of
persons to be admitted to the auditorium. (1)
The eaves of the building shall be atleast
two and half meters high. (2)
The size of the doorways shall be not less
than two meters in width and two and half meters in height. (3)
Door or apertures not ordinarily in use may
be made of or covered or closed by mat, screens or similar materials which can
be easily removed by slight pressure from inside of the building. (4)
No cross bar of any description shall be
placed inside or outside any door. (5)
No doorstep shall be above the level of the
floor of the structure. (6)
There shall be gangways or passages not less
than one and a quarter meter wide around the interior of the building and such
gangways shall be kept clear. (7)
No external fencing shall be allowed within
four meters of the building. (1)
The projection room shall be constructed of
fire resisting material and shall not have any connection with the auditorium
except through the projection and observer openings. (2)
The projection room must have atleast six
square meters floor area with two meters as smallest dimension and with a clear
height of not less than two meters. (3)
The projection room must have a direct and
independent exit to the open at the site which is away from the Auditorium. (4)
There must be a gap of not less than two
meters between the outer surface of walls and roof of the projection room and
any part of the tent or booth forming the auditorium. (5)
The provisions of sub-rule (2) of rule 48
shall mutatis mutandis be applicable to the projection room of a touring
cinema: Provided that in the case of
existing and proposed touring cinema with advanced technology like digital
projector, digital sound system, a seperate projection room is not mandatory. (6)
Two operators shall be got endorsed in favour
of the touring cinema with conventional projectors, from the Department of
Electrical Inspectorate. There shall be an
independent store room for film materials constructed of fire resisting
material at a distance of not less than eight meters from the projection room
and the auditorium. Provided that in the case of
existing and proposed touring cinema with advanced technology like digital
projector, digital sound system, where store room is redundant this rule shall
not apply. CHAPTER
XIII TEMPORARY
CINEMAS Temporary cinema means a
cinema other than touring cinema, semi-permanent cinema, drive-in cinema and
permanent cinema. (1)
The provisions of,- (a)
rule 2 except sub-rule (20), (21) and (29). (b)
rule 3, 4, 5, 6, 7 to 23, 24, 25. (c)
rule 26, sub-rules
(1)(a)(i)(ii)(iii)(v)(vii), (b),(c), (d), (e), (f), (g), (h), (j), (k), (2)
(a)(b), (3), (4), 119(b)(i)(ii),27, 28, 30, 31, 32, 33. (d)
rule 34 (1)(i)(ii), (2) rules 43 to 56 except
44, 45, 47, 56, rules 3, 48, 51(9), 57 to 73, 77(5), 82. (e)
rule 35 (f)
rule 36, 37, 112(18), 40, 41. (g)
rules 42 sub-rules (1), (2), (5), (7), (8),
(10) to (16). (h)
rules 43, 46, 48, 49 to 52, 53, 54, 55, 108,
142. (i)
rules 57 to 73, 74 to 76, 77 to 84, 85 to 87. shall be applicable to a
temporary cinema. (2)
The provisions of rule 126, 128, 133 of these
rules and all other rules applicable to a semi permanent cinema in these rules
shall mutatis mutandis be applicable to a temporary cinema. (1)
On receipt of application for licence, the
Licensing Authority shall, forward the same to the concerned Departments
immediately. Who shall give their opinion or clearance as far as possible
within a period not exceeding fifteen days to the Licensing Authority. The
Licensing Authority shall process the same in consultation with the said
Departments and consider the application for grant of No Objection Certificate
within thirty days from the date of application, or refuse to issue such
licence for reasons to be recorded in writing, within the stipulated time of
thirty days. (2)
Duration of Licence for Temporary
Cinema.--(1) A Temporary Cinema Licence may be granted for a period of two
years at a time provided that Temporary Cinema licence shall not be granted
beyond 31/12/2020: Provided that a Temporary
Cinema licence granted before the Commencement of the Karnataka Cinemas
(Regulation) Rules, 2014 shall be converted into semi permanent cinema
including upgradation of building or construction of new building, the
conversion shall be completed before 31/12/2020. (3)
The licensing authority shall inspect and
check the progress every six months of all such temporary cinema theatres and
issue a notice to the licensee reviewing the progress done or not done by the
licensee in this regard. (4)
The licence of any temporary cinema theatre
which shall not fulfil the provisions of this rule shall be deemed to have been
cancelled as on 1/1/2021 and the licensing authority shall take action
accordingly. (1)
Temporary Cinema building shall be
constructed with bricks, cement, jungle wood, light-roofing sheets (bitumen
sheets) etc., and also the height of walls on all the four sides shall have a
minimum of 2.5 meters with the distance between the auditorium walls and the
compound walls being a minimum of 5 meters on all the sides. (2)
No fresh No Objection Certificate shall be
necessary for change of the location of the existing cinema site to any other
nearby site in the same village/town, within a radius of ten kilometers from
the existing cinema site. However, the Licensing Authority shall not permit the
change of location of cinema site, if in his opinion such change will cause or
is likely to cause inconvenience to the public. CHAPTER
XIV DRIVE-IN-CINEMAS In this Chapter, unless the
context otherwise requires,- (1)
'Drive-in cinema' means a cinema with an open-air
theater 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 these
desiring to view the cinema while sitting in motor cars can also be admitted.
Such drive-in cinemas may have a capacity to accommodate not more than one
thousand cars. (2)
'Motor car' means a motor car as defined in
clause (16) of section 2 of the Motor Vehicles Act, 1988 (Central Act IV of
1939). (1)
Subject to rule 112 and modifications
specified in sub-rule(2) all other provisions in these rules applicable to
permanent cinemas shall mutatis mutandis apply to drive-in cinemas. (2)
In their application to drive-in-cinemas
rules 24, 27 and 38 shall apply subject to the following modifications,
namely.--- (a)
in rule 24,- (i)
in clause (a) of sub-rule(2), for the words
" five hundred meters" the words "one kilometer" shall be
substituted; and (ii)
as per fees specified by the Government (b)
in rule 28, for the words "nine
months" in the two places where they occur the words "one year"
shall be substituted; (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. (2)
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 constructed to accommodate more than 600
motor cars. The width of each of the entrance and exit gates shall not be less
than four meters. (3)
On the boundaries of the drive-in-cinema,
either a compound wall of fire.--resisting material with a height of not less
than two meters 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. (4)
The entrance and exit areas shall be
adequately lighted by flood lights. (5)
The lateral limitation of the separator area
shall be confined to an angle of 350 with respect to the entire line of the
screen. (6)
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 0.6x breadth of the screen, at the back of the screen on the centre
line. (7)
The width of one bay accommodating motor
vehicle in a row facing screen shall be not less than 10 meters. (8)
The distance between the screen and the front
row of vehicles shall be not less than 1.5 times the width of the picture on
the screen. (9)
A clear passage of not less than 10 meters in
width shall be provided on either side of the spectators' area. (10)
In all the rows of motor cars, the front of
the motor cars shall stand higher than the rear to ensure that from the rear a
complete view of the screen is visible. (11)
The size of the picture projected on the
screen shall be as specified below, namely.-- (i)
for 200 to 400 motor cars-Height 11 meters,
Width 25 meters, Bottom 6 meters, above the ground (ii)
for 401 to 600 motor cars-Height 13 meters,
Width 30 meters, Bottom 7 meters above the ground (iii)
for 601 to 1000 motor cars:-Height 19 meters,
Width 43 meters, Bottom 8 meters above the ground (12)
(11) The screen shall 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. (13)
(12) The screen shall be so constructed as to
withstand wind velocity of 160 kilometers per hour or a pressure of 120 kilo
grams per square meter. The screen shall be inclined slightly forward. The
maximum inclination shall be 8 degree with vertical axis. (13) (14)
The screen or a part thereof shall not be
visible from road side. (15)
Red warning limits shall be mounted at the
highest, points of the screen and flood lights to light the spectators' area
shall be mounted over it. (16)
The motor car bays shall be uniform by 10
meters wide or 10 meters and 8 meters wide alternatively: provided that the first
4 rows shall have a 10 meters wide bays. (17)
Loud speaker poles shall be provided to serve
one motor car each on either side. The distance between the two poles in a row
shall be not less than 6 meters. The poles for loud speakers shall not be
embedded in a concrete base and shall have a light over them so as to indicate
their position. The light shall be at the side of the 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 loud speaker for each motor car if
alternative arrangement is made for the transmission of sound to the
satisfaction of the Licensing Authority: Provided further that in any
case the distance between any two motor cars standing alongside in the same row
shall not be less than two meters. (18)
(i) 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 pays are provided at the back of the projection room also, the area
shall be so elevated that proper view is obtained of the screen. (ii) Two operators shall be
got endorsed in favour of the drive-in cinemas with conventional projectors and
one operator per screen shall be got endorsed in favour of the. drive-in
cinemas with advance technology like digital projection system, from the
Department of Electrical Inspectorate. (19)
Fees for a drive-in cinema licence shall be
as specified by Government from time to time. CHAPTER
XV SEMI-PERMANENT
CINEMAS (1)
In this chapter unless the context otherwise
requires, "Semi-permanent Cinema Building" means a building other
than the building licensed for touring cinema, temporary cinema,
drive-in-cinema, permanent Cinema or multiplex. (2)
Application of rules.--- (i)
The rules in this Chapter and the rules and
sub-rules specified below shall mutatis mutandis be applicable to semi
permanent cinema buildings, namely:- (a)
rule 2 except sub-rule (21), (23) and (28). (b)
rule 3, 4, 5, 6, 7 to 23. (c)
rule 24, 25. (d)
rule 26, sub rules (1)(a)(i)(ii)(iii)(v)(vii),
(b),(c), (d), (e), (f), (g), (h), (j), (k), (2) (i)(ii), (3) and (4). (e)
rule 27, 28, 30, 31, 32 and 33. (f)
rule 34 (1)(a)(b), (2) rules 43 to 56 except
44, 45, 47 and 56 (2) rules 3, 48, 51(9), 57 to 73, 77(5) and 82 (g)
rule 35 (h)
rule 36, 37, 40 and 41. (i)
rule 42 sub rules (1), (2), (5), (7), (8),
(9), (10) and (12) to (18). (j)
rules 43, 46, 48, 49 to 52, 53, 54, and 55. (k)
rules 57 to 73, 74 to 76, 77 to 84 and 85-87. No Objection Certificates
for the location of semi-permanent cinemas shall not be granted,- (a)
in towns and cities the population of which
is 50,000 or above; (b)
in a place where the total number of existing
permanent cinemas and semi permanent cinemas exceed the number of permanent
cinemas that can be licensed at such place in accordance with sub-rule (2) of
rule 26. (1)
The Licensing Authority or an officer
authorized by him; or any Police officer not below the rank of a Station House
Officer; or any Fire Officer not below the rank of a Fire Station Officer of
Karnataka State Fire and Emergency Services; or any Health Officer not below
the rank of a Taluk Health Officer; or any officer not below the rank of
Electrical Inspector; or any Executive Magistrate having jurisdiction over the
area; or The Executive Engineer, Public Works, Ports and inland transport
Department or any person authorized by him, may enter, at anytime, the place
licensed or proposed to be licensed under the Act and the Rules for the purpose
of satisfying himself that the provisions of the Act and the rules made
thereunder, are being complied with by the licensee. (2)
The licensee shall, on demand by any of the
Officers referred to in sub-rule (1) produce the license, the plan and the
description attached thereto and the said Officers shall communicate to the
licensee, through the Licensing Authority, from time to time or as occasion
arises their orders in regard to the safety or convenience of the public or for
the preservation and maintenance of law, order, peace and public decency. The
Licensing Authority may if the circumstances so require after notice to the
licensee direct him to provide additional safeguards and the licensee shall
comply with such direction failing which the licence shall be liable to be
cancelled or suspended. (3)
During the periods of epidemics and similar
health hazards to public or in case of disasters, in general, the Licensing
Authority in consultation with the District Health Officer, Taluka Health
Officer or the Health Officer of the Municipality, if any, may, if so advised,
direct by a special notice,- (a)
complete closure if the need arises; (b)
a reduction in the scale of accommodation prescribed
in Rule 49; (c)
The periodical disinfection of premises which
may include spraying and fumigation; and (d)
The adoption of such other measures for
better ventilation as may be specified in the notice;and the licensee shall
comply forthwith any such direction and in case of failure to do so, the
license granted to him shall be liable for suspension or cancellation. (1)
A person who intends to construct a
semi-permanent cinema building shall make an application to the Licensing
Authority in form 'A'. He shall also put up a notice in form 'B' in this behalf
on a board on the proposed site or the building to be converted as the case may
be, in such a position that it can be plainly seen from the public
thoroughfare. Such notice shall be in the regional language and in English. The
notice on the Board shall be on display until the application for licence is
decided by the Licensing Authority. The Board shall be at least 1.25m x 1.00 m
in size and the notice shall be in bold and clearly legible letters. (2)
The Application shall be accompanied by.__ (i)
an extract in six copies with one original
plan printed on tracing film and also in digital format, of a town map drawn
correctly to scale and six prints or copies of the same map shall be provided
clearly indicating the surrounding roads and buildings which exist upto a
distance of 500 meters from the proposed site, the distance of all educational
institutions, hospitals, places of worship or other places of public importance
from the said site; (ii)
The site plan in original printed on tracing
film and also in digital format with six prints drawn correctly to scale of not
less than 1:500 indicating therein the block levels, showing position of the
semi-permanent cinema and its premises in relation to any adjacent buildings,
out-houses and other structures, sub-ways, roads, passages, wells, cisterns,
hydrants, if any, drains, water sewer and gas mains, underground cables,
overhead high and extra high voltage lines, telegraph and telephone lines, high
flood marks of nearby river or nalas, maximum water level of adjacent
reservoirs, tanks, water level of adjacent wells, if any in the rainy season
within the site and giving the size of the site as well as the proposed built
and open areas in square meters together with number of seats to be
accommodated; and (iii)
The treasury challan for having credited the
fees as specified by the Government from time to time for the grant of No
Objection Certificate. (1)
The Licensing Authority shall on receipt of
an application under rule 116, notify, at the cost of the applicant, to the
public of such intention by publication in two local newspapers (one in Kannada
and one in English) having wide circulation in the area inviting objections.
Such notice shall be in Form 'C' and the period within which the objections
shall be sent to the Licensing Authority shall be fifteen days from the date of
such publication. The Licensing Authority shall simultaneously forward copies
of the application, with its accompaniments furnished by the applicant to Town
Planning Officer in City Corporation/Urban Development Authority/Planning
Authority/Assistant Director, Town and Country Planning of the district as the
case may be, District Health and Family Welfare Officer, Executive Engineer,
Public Works, Ports and inland transport Department of the district and the
Superintendent of Police of the district/Commissioner of Police of the
city/District Fire Officer of Fire and Emergency Services of the
district/Electrical Inspector of the District or area for the purpose of
ascertaining their views regarding suitability or otherwise of the proposed
site for the location of a semi-permanent cinema. (2)
The Licensing Authority shall, as early as
possible and in any case within a period not exceeding thirty days after the
expiry of period specified in sub-rule (1), take a decision regarding the
suitability or otherwise of the proposed site for the location of the
semi-permanent cinema. The different authorities mentioned in sub-rule (1)
shall furnish their views to the Licensing Authority as early as possible and
in any case within a period of thirty days after the expiry of period mentioned
in sub-rule (1). If no views are furnished by the authorities specified within
the specified period, the Licensing Authority shall presume that there is no
objection to the grant of No Objection Certificate. (3)
The Licensing Authority shall, before taking
a decision regarding the suitability or otherwise of the site for the location
of the semi-permanent cinema take into consideration the opinion of the
different authorities mentioned in sub rule (1) and objections, if any received
in response to the publication under sub-rule (1). (1)
The Licensing Authority shall subject to
section 5 and orders, if any, made by him under Section 6, if satisfied that
the site fulfills all the conditions specified in rule 26, grant to the
applicant a No Objection Certificate in form D for the construction of the semi
permanent cinema or cinema building. The Certificate shall be valid for a
period of two years from the date of commencement of the construction of the
building. The Licensing Authority on an application made to him in this behalf,
if satisfied that the applicant could not for valid reasons, complete the
building within the said period of two years, may extend the validity of such
certificate by a period not exceeding one year at a time so, however, the total
period does not exceed three years. (2)
The applicant shall, within twelve months
from the date of the certificate, commence construction of the building. The
Licensing Authority may, on an application made to it in this behalf, if
satisfied that the applicant could not for valid reasons commence construction
of the building within the said period, extend the period by a period not
exceeding one year. If construction of the building is not commenced within the
said period of one year or the extended period of one year if any, the
certificate shall, on the expiry of the said period, stand cancelled. (3)
The licensing authority shall consider the
application for grant of No Objection Certificate within forty five days from
the date of application. If not, the No Objection Certificate shall be deemed
to have been granted. (4)
Procedure for approval of subsequent
additions and alterations.-- (i)
The licensee shall give notice in writing to
the Licensing Authority of his intention to add or alter the licensed place or
any portion thereof. Such notice shall state clearly the additions or
alterations proposed and shall be accompanied by complete plans, elevations and
sections and block plans and specifications of the work to be executed drawn up
in quadruplicate in the manner required by rule 31 along with the original
certificates. It shall not be necessary to obtain a No Objection Certificate
for this purpose. The Licensing Authority shall before according sanction to
the proposed additions or alterations, follow the procedure laid down in
sub-rule 1 and 2 of rule 32. The licensing Authority shall after the receipt of
opinion under rule 32 approve the proposal of such addition or alterations
within fifteen days from the date of receipt of notice. (ii)
Additions and alterations of cinema theatre
shall include increasing the number of screens from one to two or three in the
existing licensed premises without increasing the area or the total number of
seats approved for single screen viewing and all other provisions relating to a
permanent cinema theatre in these rules shall be applicable to such additions
and alterations of cinema theatre or multiplex. (5)
Procedure for sanction of subsequent
additions and alterations to the Electrical Installation.-- (i)
The licensee shall give notice to the
Licensing Authority in writing of his intention to make additions or
alterations to the electrical installations or apparatus. The Licensing
Authority shall forward such notice to the electrical inspector. Where the
electrical inspector reports after inspection that the alterations or additions
proposed are in accordance with the provisions of these rules, the Licensing
Authority shall approve the proposal following as far as may be, the procedure
laid down in sub-rule(3) of rule 32. (ii)
If, in the opinion of the Licensing
Authority, further inspection is necessary, he may direct and require the
licensee to pay in advance fees specified in this behalf by the Government from
time to time. (iii)
If during the interval between two periodical
inspections, any further inspection shall in the opinion of the electrical
inspector becomes necessary on account of the neglect or failure of the person
in charge to carry out any written orders of such officer issued under
sub-rule(2) of rule 4 within the time specified by him or if during any
inspection the installation be found defective, fees specified in this behalf
by the Government from time to time shall be charged for such further
inspection and such fee shall be paid by the licensee. (1)
No Objection Certificate shall not be granted
under this chapter in respect of any cinema unless,- (a)
the cinema site is of a minimum area of,- (i)
If the total number of seats in the proposed
cinema building is Four hundred or less, Nine hundred square meters with one
side of not less than Eighteen meters abutting the road; (ii)
If the total number of seats in the proposed
cinema building is Six hundred or less, One thousand three hundred and fifty
square meters with one side of not less than Eighteen meters abutting the road; (iii)
If the total number of seats in the proposed
cinema building is Eight hundred or less, One thousand eight hundred square
meters with one side of not less than Thirty meters abutting the road in cases
where the theatre does not have a balcony seating arrangement; (iv)
If the total number of seats in the proposed
cinema building is One thousand or less, Two thousand two hundred and fifty
square meters with one side of not less than thirty meters abutting the road;
in cases where the theatre does not have a balcony seating arrangement; (v)
If the total number of seats in the proposed
cinema building is One thousand or less, One thousand five hundred square
meters with one side of not less than twenty meters abutting the road; in cases
theatre has a balcony seating arrangement; (b)
(i) The cinema site is situated in
permissible zones of land use earmarked in master plan prepared for an area by
the competent authority under Karnataka Town and Country Planning Act: Provided that where master
plans have not been prepared existing predominantly commercial areas shall be
taken into consideration. (ii) In rural areas in the
absence of approved master plans a cinema theatre or multiplex may be permitted
by the licensing authority, if the conditions are fulfilled regarding road
width and all other conditions stipulated under cinematograph rules and also
laws regarding conversion of land use by the competent authority. (c)
(i) the Semi-permanent cinema site is
situated by the side of a public thoroughfare the minimum width of road
including footpath should be twelve meters in urban areas and nine meters
including footpath in rural areas: Provided that the Licensing
Authority may, by order in writing, subject to such conditions and restrictions
may permit, if the cinema or multiplex site is situated by the side of a public
thoroughfare other than National Highway/State Highway/Major District Roads the
minimum width of road including footpath should be nine meters in urban and
rural areas. (d)
The semi-permanent cinema building shall have
a front set back of eight meters or as prescribed in the Karnataka Highway
Rules, 1966, whichever is higher. (e)
The cinema site has entrance and exit for the
public on such roads, the entrance and exit shall have minimum width of six
meters each. (f)
The cinema site has suitable parking space,
for the theaters existing as on the of commencement of these rules,- (i)
at one car parking space for every fifty
seats, subject to a minimum of space for twenty cars in places having a
population of ten lakhs and above; (ii)
at one car parking space for every fifty
seats, subject to a minimum of space for fifteen cars in places having a
population between one to ten lakhs; and (iii)
at one car parking space for every fifty
seats, subject to a minimum of space for ten cars in places having a population
between Fifty Thousand and one lakh (iv)
at one car parking space for every fifty
seats subject to a minimum of space for five cars in places having a population
of less than fifty thousand. (g)
The cinema site has suitable parking space,
for the theatres proposed as on and from the date of commencement of these
rules,- (i)
at one car parking space for every twenty
five seats for cinema theatres and one car parking space for every twenty five
seats for multiplexes subject to a minimum of space for twenty cars in places
having a population of ten lakhs and above; (ii)
at one car parking space for every fifty
seats for cinema theatres and one car parking space for every twenty five seats
for multiplexes subject to a minimum of space for fifteen cars in places having
a population between one to ten lakhs; and (iii)
at one car parking space for every fifty
seats for cinema theatres and one car parking space for every twenty five seats
for multiplexes subject to a minimum of space for ten cars in places having a
population between fifty thousand and one lakh; (iv)
at one car parking space for every fifty
seats for cinema theatres and one car parking space for every twenty five seats
for multiplexes subject to a minimum of space for five cars in places having a
population of less than fifty thousand. (h)
Semi-permanent cinema site existing as on the
date of commencement of these rules and the semi-permanent cinema site proposed
as on and from the date of commencement of these rules has suitable parking
space,- (i)
An additional two and three wheeler parking
of twenty five percent of the required number of car parking shall be provided
including that for cycle parking subject to a minimum of fifty cycles; (ii)
In case of a Semi-permanent the vehicle
parking requirement shall be as prescribed above or as prescribed in the
respective zoning regulations, whichever is higher. In such cases, vehicle
parking for the theatre portion should be exclusively earmarked in the total
parking requirement for the whole building: Provided that suitable
parking arrangements shall be earmarked for physically challenged persons. (i)
The Semi-permanent site is situated at a
place where it is not likely to cause traffic difficulties or problem. (j)
The Semi-permanent site is at a distance of
not less than,____ (a)
Fifty meters from.--- (i)
any existing petrol bunk or place licensed
for a petrol bunk and other places of fire resort; or (ii)
any place of community worship, cremation
ground, graveyard or cemetery in use; or (iii)
any recognized educational institution or any
residential institution attached to such educational institutions; or (iv)
any public hospital or a private nursing
home; or (v)
any recognized orphanage; or (vi)
any thickly populated residential area or an
area used generally for residential purposes as distinguished from business
purposes: Provided that the Licensing
Authority may, if the proposal is to construct a sound proof cinema building,
at its discretion, in public interest, considering the suitability of the
place, for reasons to be recorded in writing after inspection of the proposed
site, relax, subject to such conditions as it may consider necessary to impose
in each case, all or any of the conditions specified in item (i) to (vi): Provided further that
considering the facts and circumstances of each case different conditions may
be imposed in different cases. (b)
One hundred meters from any protected
monument, defence installations, national parks, museums, and buildings in
which main telephone or telegraph or wireless or telecommunication
installations are located. (2)
(a) In places having a population of ten
thousand or more the number of cinemas to be permitted shall be determined.--- (i)
If it is a metropolitan area on the basis of
one cinema for every twenty thousand population or a fraction thereof exceeding
ten thousand; and (ii)
In other places, on the basis of one cinema
for every ten thousand population or a fraction thereof exceeding five
thousand; (b) Location of cinemas
shall not be permitted within a distance of four hundred metres from each other
in towns and cities having a population of five lakhs and above. (3)
Nothing in sub-rule (2) shall apply for
location of cinemas in a metropolitan area if the cinema building is owned by
the local authority concerned. (4)
(a) Each ward in a metropolitan area shall
for the purpose of Section 6 be an area. The Licensing Authority may having
regard to the provisions of Section 5 and the provisions of sub-rule(2) as if
each such ward is a place for the purpose of said sub-rule (2) limit the number
of places that can be licensed under the Act in each such ward: Provided that the total
number of places so determined in respect of all such wards shall not exceed
the number permissible under sub-rule (2) in respect of the metropolitan area
taken as a whole. (b) No order under section 6
shall be made except with the prior approval of the Government. explanation.___ (1) For the
purpose of sub-rules (2), (3) and (4). __ (1) 'distance' shall be reckoned
along the shortest pathway, lane, street or road connecting the two cinemas and
generally used by the members of the public; (2) 'Metropolitan area'
means a city or town declared as Metropolitan area under Section 8 of the Code
of Criminal Procedure, 1973. (3) 'Place' means, in the
case of towns and cities having a population of ten thousand and above, the
area coming within the jurisdiction of the local authority concerned and in
other cases, an area within the radius of five kilo meters from the centre of
the local authority in which the cinema is proposed to be located. (2) (i) the clear distance
between the cinema building and the inner limits of the compound wall is not
less than 10 metres at the entrance side and 5 meters at the other sides. (i)
a copy of the No Objection Certificate
granted under rule 118; (ii)
a copy of the approved site plan; (iii)
complete plans, elevation and sections in
quadruplicate in original printed on tracing film and also in digital format
with four prints of the premises and of all erections and buildings thereon
drawn correctly to a scale of not less than 1:100 on prints taken out of any of
the standard size tracings and showing clearly,- (a)
All dimensions in millimeters and materials
of construction indicating the different materials in distinguishing colours
and giving in figures dimensions the width and depth of walls, beams,
scantlings and trusses; (b)
The width of all staircases and the number of
steps in each flight with the rise and tread of steps the clear width of
corridors, passages, openings, aisles and gangways as well as the height and
constructions of all galleries, tiers, balconies and stages; and fire
resistance rate of staircases shall be one hour. No gas pipeline or electrical
lines shall be attached to it. Anti slippery nosing shall be installed for the
steps. One meter height of handrail should be provided. (c)
the sizes of all doors, windows and
ventilators indicating their construction and the way in which they open and
the proposed system of ventilation; (d)
the proposed seating arrangement; (e)
the plinth area of each building in square
meters separately for ground floor and upper floors and in tiers, galleries or
balconies; (f)
staircases; (g)
water closets and urinals; (h)
levels at the different parts of the building
in plans and sections; and (i)
details and positions of projectors, screen,
sound box and other plants and equipment; (iv)
On receipt of the acceptance of design and
specification by the executive engineer Public works, Ports and inland
transport Department, the Licensing Authority shall direct the applicant to
submit the plans and electrical drawings in quadruplicate in blue print or
computer print and also in digital format showing the location of the
cinematograph apparatus and complete electrical installations wiring diagram
indicating all wiring, light-points, switches, plugs, distribution boards and
other electric machinery indicating different circuits in different colours and
earthing details to the Electrical Inspector. (v)
Thereafter, the Electrical Inspector shall
examine the designs pertaining to the cinematograph plant, the electrical
installations along with electrical wiring diagram and plan details showing the
electrical system submitted by the applicant and if he is satisfied after
scrutiny, that they are in accordance with the provisions of these rules relating
to safety of electrical installation, he shall forward his report to the
Licensing Authority within fifteen days. (vi)
Detailed specifications of the works in
triplicate to be executed, sufficiently describing the material to be employed
and the mode of construction to be adopted with calculations, in triplicate
showing the loads coming and stresses occurring in all foundations, piers,
columns, stanchions, lintels, beams, slabs, joists and trusses, such
calculations being certified to be correct by a graduate engineer or a design
engineer or a design practitioner or a qualified architect. (1)
The licensee shall notify.? (a)
The Executive Engineer, Public works, Ports
and inland transport Department of the district, fifteen days earlier to the
commencement of construction of cinema or multiplex and ancillary buildings to
enable him to issue the certificate of soundness under sub-rule (3); and (b)
The Electrical Inspector of the district,
fifteen days earlier to the commencement of wiring for electrical installation,
to enable him to issue the electrical certificate under sub-rule (4). Such
notice shall be accompanied by a treasury challan for having paid the fees
specified under sub-rule (8). (2)
On completion of the building and electrical
installation according to the approved plan, the applicant shall obtain after
an application being made,- (a)
a certificate from the executive engineer,
Public works, Ports and inland transport Department in respect of matters
covered in the provisions of rules 43 to 56; (b)
a certificate in form ' E-1' from the
Electrical Inspector in respect of matters covered by the provisions of rules
3, 48, 51(9), 57 to 73, 77(5) and 82; (c)
a certificate in form E-2' from the Fire
Officer, Fire and Emergency Services of the district in respect of matters
covered under Chapter-IX. (d)
a certificate in form E-3' from the District
Health and Family Welfare Officer in respect of matters covering the provisions
relating to health and cleanliness of the premises. (e)
In case of semi-permanent cinema, the
licensee shall obtain a separate No Objection Certificate from the Department
of Fire and Emergency Services for the whole building including the theatre portion. (3)
If the executive engineer public works, Ports
and inland transport department is satisfied about the structural soundness of
the cinema or semi-permanent cinema building, he shall issue a certificate
within fifteen days after receipt of the application under sub-rule (2) and
such certificate shall be valid for period of five years. Provided that in the case of
any semi-permanent cinema which does not fulfill the requirements of the rule
the executive engineer public works, Ports and inland transport department may
reject the application for issuing of certificate for five years or may reduce
the period of the certificate, for reasons to be recorded in writing and after
giving the applicant an opportunity of being heard, and the reasons shall be communicated
to the Licensing Authority. (4)
Within fifteen days after the receipt of the
application under sub-rule(2), Electrical Inspector of the district or area
shall, if he is satisfied about the suitability of the electrical installations
and equipments, issue a certificate to that effect and such certificate shall
be in form 'E-1 and shall be valid for a period of five years from the date of
issue: Provided that in the case of
any semi-permanent cinema which does not fulfill the requirements of the rule
the deputy Electrical Inspector may reject the application for issuing of
certificate for five years or reduce the period of the certificate, for reasons
to be recorded in writing and after giving the applicant an opportunity of
being heard, and the reasons shall communicated to the Licensing Authority. (5)
(a) If the Fire Officer of the Karnataka
State Fire and Emergency Services of the district is satisfied that the Fire
Fighting appliances and other equipments specified in Chapter IX are provided
to the cinema or multiplex building, he shall issue a certificate in form 'E-2'
to that effect within fifteen days after the receipt of the application, which
shall be valid for a period five years: Provided that in the case of
any cinema theatre or multiplex which does not fulfill the requirements of the
rule the fire officer may reject the application for issuing of certificate for
five years or may reduce the period of the certificate, for reasons to be
recorded in writing and after giving the applicant an opportunity of being
heard, and the reasons shall be communicated to the Licensing Authority. (b)
Efficiency/Fitness/Working condition of the fire fighting appliances in every
cinema theatre or multiplex shall be checked annually by the Fire Officer of
the district. (6)
If the District Health & Family Welfare
Officer of the district is satisfied about the provisions made for maintenance
of sanitary facilities, public health, hygiene and cleanliness of the premises;
he shall issue a certificate in form E-3' to that effect, within fifteen days
after receipt of the application, which shall be valid for a period of five
years: Provided that in the case of
any cinema theatre or multiplex which does not fulfill the requirements of the
rule, the district health and family welfare officer may reject the application
for issuing of certificate for five years or may reduce the period of the
certificate, for reasons to be recorded in writing and after giving the
applicant an opportunity of being heard, and the reasons shall be communicated
to the Licensing Authority. (7)
For the purpose of issuing a certificate
under sub-rules (3), (4), (5) and (6), the executive engineer public works,
Ports and inland transport department, Electrical inspector of the district or
area, The fire officer of the district, The District Health and Family Welfare
Officer shall visit and inspect the cinema or multiplex building and premises
and their inspection reports shall be part of the report submitted to the
Licensing Authority. (8)
Fees for inspection and issue of the
certificates regarding the cinema theatres and multiplexes shall be as
specified by the government from time to time and credited to the head of
account so specified. (9)
A copy of the certificate issued by the above
offices may be obtained from them on payment of fees notified by the
government. (1)
For purposes of this Chapter, unless the
context otherwise requires, "Bush" means packing inserted in the
holes through which the pipes and cables pass in order to render such holes
reasonably smoke proof. (2)
Any word not defined in these rules
particularly in this chapter shall have same meaning and expressions as defined
in the Electricity Act, 2003 (central Act 36 of 2003) and Central Electricity
Authority (Measures relating to Safety and Electric Supply) Regulations 2010
and rules and regulations made thereafter. (1)
The electric lighting of the premises shall
have at least three separate and distinct main circuits and these shall be,- (a)
Circuit 'A' for the projection room and then,
through dimming regulator if any, to the central lighting of the auditorium, (b)
Circuit B' for approximately one half of the
auditorium, passage ways, stair ways, exits and parts of the buildings open to
the public and (c)
Circuit 'C for the remaining half of the
auditorium, passage ways, stair ways, exits and parts of the buildings open to
the public. (2)
The control of the circuits in respect of B'
and 'C shall be remote from each other. (1)
Where supply is available on three phase AC
system, the circuits 'A', 'B' and 'C' shall be supplied from three different
phases to balance the load (2)
The main circuits 'A' 'B' and 'C' may be
subdivided into as many sub-circuits as may be considered necessary. Each
sub-circuit shall start from a distributing board and must be through a
suitable capacity Earth leakages circuit breakers (ELCB) (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)
Power saving and modern technology lighting
system shall be adopted like LED, etc. (1)
Main switch with overload and earth leakage
protection shall be provided in the main switchboard for the control of entire
electrical installation. All circuits shall be efficiently protected by circuit
breakers of suitable capacity placed in positions easily accessible to the
staff and in places where they are not likely to obstruct any passage or exits. (2)
The switch boards if they are accessible to
the public and if they are in the ticket booths, shall be provided with proper
lock-up cases with glass or metal front and the glass (unless of adequate
thickness) shall be protected with a wire guard or alternatively boxes with
lids and sides rendered fire proof by using suitable fire resistant material. (3)
All switches and circuit breakers of suitable
capacity shall be so marked as to show clearly which circuit or lamps they
control. (1)
Such number and type of accumulators or
automatic DC lights as may be approved by the Electrical Inspector shall be
installed to illuminate the auditorium during an emergency or failure of power. (2)
The accumulators shall be placed in a room adequately
ventilated to the outside air and this room shall be of fire-proof construction
with fire resisting doors and shall not be used for any other purpose. Transforming and converting
machinery with the controlling switches and circuit breakers shall be placed in
a place adequately ventilated to outside air, properly lighted and accessible
to the management and shall be used for no other purpose: All motors and electrical
equipments, shall, if permitted be subject to special conditions, but electric
fans and similar motors not taking more than three hundred watts may be used,
if separately wired by circuit breakers on a proper distributing board. All resistances, with the
exception of a resistance for regulating purposes, shall be placed outside the
projection room and, if reasonably practicable, outside the auditorium. If
placed inside the auditorium, such resistances shall be protected by an earthed
wireguard or other efficient means of preventing accidental contacts. (1)
In any semi-permanent 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 or carbon. All parts of the lamps,
lanterns and fittings which are liable to be handled (except by the person
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 conflagration
by contact with scenery or other inflammable material shall be projected by a
wire guard. In no case shall arc lamps be suspended by the conductors. (3)
All arc lamps shall be connected with
airtight ducts leading to atmosphere. (4)
Advanced technology projector and sound
system like digital projectors, digital sound system and any other type of
advanced technology can be installed and used in any part of the Semi-permanent
cinema after obtaining permission from the Electrical Inspector of the district
or area. Cables for Cinematograph
lamps or digital projector shall be taken as separate circuits from the
projection room power distribution board. An efficient double pole switch with
proper fuse protection shall be fitted within the projection room in the
cinematograph lamp circuit. Within the projection room,
all electric cables, be of fire retardant low smoke type and all cables shall
be enclosed in conduits. All conduits leading to projectors and motors from
switch board shall be embedded in the floor finish without cutting the floor
slab and in no case the conduits and cables be allowed on floor surface. (1)
Foot lights shall be provided in gangways and
passages within the auditorium, the voltage of which shall not exceed
twenty-four volts. (2)
All lights in the staircases, corridors,
passages and exits shall be kept alight during the time the public are in the
cinema and they shall be connected to alternate source of power. (3)
At least six torches shall be kept on the
premises in proper working order throughout when the public are on the premises
and shall be distributed over the building so as to be easily accessible to the
door keepers. (4)
Emergency lights covering all the exits shall
also be provided. (5)
Emergency sign boards (fire exit, staircase,
safe assembly, fire extinguisher, emergency alarm switch etc.,) shall be kept
brightly and clearly visible. (1)
The electrical wiring of the entire semi-permanent
cinema premises should be done in conduit pipe, metallic or approved rigid poly
vinyl chloride. (2)
Bushes shall be used wherever necessary for
metallic conduit pipes. All metallic tubing shall be efficiently earthed and
shall be provided with screw joints or other means of ensuring a good and
permanent electrical connection which must be continued with boxes and other
fittings. (1)
All suspended fittings shall be firmly fixed. (2)
Combined gas and electric fittings shall not
be used. (3)
Any electric light pendants or brackets in
the auditorium and in front of the cinema or multiplex building generally shall
be at least two and half metres above the floor to the lowest projecting part
of the fittings. No electrical fittings 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. (4)
(i) The electrical installation shall be
incharge of a properly qualified person holding a Wireman's or Supervisor's
permit issued by the Licensing Advisory and Examination Board of the Government
of Karnataka or shall be incharge of a licensed Electrical Contractor whose
name shall be intimated to the Electrical Inspector of the district or area. (ii) Licensed Electrical
Contractor shall furnish insulation resistance of all circuits and values of
earth electrode annually to Electrical Inspector of the district. (5)
Instructions both in English, Hindi and in
regional languages for the restoration of persons suffering from electric shock
shall be affixed in a conspicuous place and at least one pair of rubber gloves
in good order shall be provided for use of the wiremen. (6)
Earthing shall be done efficiently and
perfectly as per Electricity Act 2003, Central Electricity Authority (measures
relating to Safety and Electric Supply) Regulation 2010 and rules and
regulations thereafter, I S S 3043/1987 and shall be maintained properly. Earth
electrodes shall be kept exposed and enclosed in masonry enclosures as per I.S.
standards so as to facilitate watering, inspection and periodical testing. Where the supply of current
is derived from special plant on the premises, such plant should in all cases
be approved by the Electrical Inspector of the district or area. A framed wiring diagram in
single line indicating clearly the arrangement of all circuits and sub-circuits
of the electrical installation the position of distribution boards and the size
of cables shall be displayed in the premises and shall be kept up-to date. Such
diagram shall also be maintained in digital format be duly approved by the
Electrical Inspector. (1)
Lightning conductors shall be provided in
every cinema or multiplex building conforming to relevant I.S. Standards. (2)
Neon signs if installed, shall be got
inspected by the Electrical Inspector before commissioning. After obtaining the
certificates referred to in Rule 121 the applicant may submit his application
for licence in writing to the Licensing Authority. The application shall be
accompanied by,- (a)
the certificate issued by the Executive
Engineer Public works, Ports and inland transport Department under sub rule(3)
of rule 121; (b)
(i) The certificate issued by the Deputy
Electrical Inspector of the district or area under sub rule(4) of rule 121; (ii) the certificate issued
by the Fire Officer of the District under sub rule(5) of rule 121; (iii) the certificate issued
by the District Health and Family Welfare Officer under sub rule(6) of rule
121. (c)
a declaration by the applicant that he has
completed all arrangements for obtaining films approved by the Central Government
with the previous approval of the Films Division for exhibition at each
performance together, with a statement from the suppliers confirming that such
arrangements have been made; and (d)
a treasury challan for the payment of licence
fees as notified by the Government. (1)
On receipt of the application for license the
Licensing Authority shall, if he is satisfied that all works are carried out as
per approved plans and all arrangements are made for exhibition of film, issue
to the applicant within fifteen days from the date of its receipt a licence in
form 'F' or refuse to issue such licence for reasons to be recorded in writing.
The Licensing Authority may refuse to issue a licence if the application for
the license is not made before the expiry of the period of validity of the No
Objection Certificate. For this purpose, the Licensing Authority may make such
local inspection as he considers necessary. A copy of the plans and drawings
referred to in rule 33 shall be attached to the license. (2)
A copy of the licence may be obtained from
the Licensing Authority on payment of fees notified by Government from time to
time. Semi permanent cinema
theatres may be granted exhibition licence for five years but not less than
three years subject to annual clearance from Fire and Emergency Services and
Electrical Inspectorate Department at a time at the end of which the building
shall be inspected in detail by the Executive Engineer, Public Works, Ports and
inland transport Department of the district as also the Electrical Inspector of
the district who shall furnish a certificate as to the 'soundness' of the
building for being licensed for a period beyond five years. A licence granted under
rule 140 shall not be re-granted beyond a period of thirty years from the date
of first grant of such licence. Unless, If before the expiry of the said period
of thirty years the applicant converts the building into a permanent theatre or
modifies or alters it in to two or more screens, as per existing provisions of
these rules necessary licence under rule 121(7) shall be granted if the
required conditions are satisfied. The front portion of the
premises shall be masonry construction of sufficient height and the remaining
portion may be a compound wall/barbed wire fencing or any other locally
available suitable material so as to prevent outside public from causing any
inconvenience to the persons within the premises. For construction of
semi-permanent cinema buildings, as far as possible, building materials locally
available such as Stone, Brick, Cement/Lime or Jungle wood, Zinc sheet/A.C.
sheets, block board, impregnated in bituman (asphaltic sheets) for roof etc.,
may be used. Doors and windows may be of steel or jungle wood. The external
walls may be of either brick in Cement/Lime and the height of walls shall be
not less than 2.6 metres. (1)
The cinematograph apparatus shall be placed
in a room of substantial construction made of fire proof materials of 2-4 hour
ratings, the floor of which shall have a minimum floor finish of fifty
millimeters to embed cables under rule 132: Provided that in the case of
existing and proposed semi-permanent cinema theatres with advanced technology
like digital projectors, digital sound system, a separate projection room is
not mandatory. (2)
The projection room shall have no connection
with the auditorium, except the projection and observer openings: Provided that in the case of
existing and proposed semi-permanent cinema theatres with advanced technology
like digital projectors, digital sound system, a separate projection room is
not mandatory. (3)
The projection room having one projector must
have at least seven and half square meters floor area with 2.5 meters as
smallest dimension and with a clear height of not less than 3 meters. For each
additional projector, there shall be 2.3 square meters of floor space: Provided that in the case of
existing and proposed cinema theatres or multiplex with advanced technology
like digital projectors, digital sound system, a separate projection room is
not mandatory. (4)
There shall be a regular staircase leading to
ground floor and to floor below. (5)
The door of the projection room shall be
fire-proof and all openings, bushes and joints shall be so constructed and
maintained as to prevent, as far as possible, the escape of any smoke into the
auditorium. Ventilation shall be provided for the projection room, but the
ventilation ducts shall not communicate direct with the auditorium. The area of
the ventilating ducts shall not be less than one per cent of the floor area of
the projection room. explanation.--In this rule,
bush means packing inserted in the holes through which the pipes and cables
pass in order to render such holes reasonably smoke proof. Provided that in the case of
existing and proposed cinema theatres or multiplex with advanced technology
like digital projectors, digital sound system, a separate projection room is
not mandatory. (6)
There shall be a rewinding room or enclosure
by the side of the projection room for the purpose of rewinding of films and
where the rewinding room or enclosure adjoins the projection room and has door
in between, leading from one to the other, this door shall be self closing fire
resistant door: Provided that in the case of
multiplex or a existing and proposed cinema theatre with advanced technology
like digital projectors, digital sound system, a separate rewinding room is not
mandatory. (7)
If the enclosure is inside the auditorium, no
openings other than those required for projection and observation of the
enclosure shall be permitted to communicate with the auditorium. The rewinding
room or enclosure by the side/inside the projection room for the purpose of
rewinding rooms shall have a self closing fire resistant door: Provided that in the case of
multiplex or a existing and proposed cinema theatre with advanced technology
like digital projectors, digital sound system, rewinding room is not mandatory. (8)
The projector openings shall be in accordance
with the type of projection such as 35 millimeters, 70 millimeters, Cinemascope
and Cinerama, Wide angle, Vista vision: Provided that in the case of
multiplex or a existing or proposed cinema theatre with advanced technology
like digital projectors, digital sound system, then this sub rule shall not
apply. (9)
Each Opening shall be provided with a plate
glass screen of not less than 5 millimeters, in thickness fixed in position
with a smoke tight joint: Provided that for openings
for more than 250 millimeters square,- (a)
The glass screens used shall be armored plate
or wired plate glass; (b)
The metal screens shall be provided in
addition to the glass screens and the openings shall be closed with the metal
screens when not in use for projection; and (c)
a notice shall be put in the cabin to the
effect that the openings shall be closed with the metal screens when the
openings are not in use. (10)
(i) Projection room shall be in the charge of
a person who has attained the age of 18 years and who is holding a Cinema
operator's permit issued by the Chief Electrical Inspector to Government. Provided that, a candidate
who holds a certificate for having passed the Craft Course in Cinema operation
or Diploma in Cinematography conducted by the Board of Technical Education in
Cinematography in Karnataka or degree/diploma in Electrical and Electronics
Engineering recognized by the State Government or Central Government shall be
exempted from appearing for the examination conducted by the Karnataka Cinema
Operator's Examination Board for obtaining the cinema operator permit. (ii) The operator shall
satisfy himself before the commencement of each performance that all cables,
leads, connections and resistances as also the portable fire extinguishers in
the projection room are in proper working order. He shall be present in the
projection room during the time the machine is being operated: (iii) Provided that in the
case of multiplex or existing or proposed cinema theatre with advanced
technology like digital projector, digital sound system, although projection
room is not mandatory the operator shall be present during the time the machine
is being operated. (iv) Failure to employ such
an operator shall render the electrical certificate of cinema theatre or
multiplex liable to be suspended or cancelled. (11)
Two operators shall be got endorsed in favour
of the theatre with conventional projectors and one operator per screen shall
be got endorsed in favour of the theatre with advance technology like digital
projection system, from the Department of Electrical Inspectorate. (1)
There shall be sufficient ventilators for
each room or passage in every semi-permanent cinema with an area of not less
than one-eighth of the floor area, two-thirds of which shall be so arranged as
to be kept open during performances. There shall also be sufficient means of
artificial ventilation with the help of not less than one ceiling fan for every
fifty seats and one exhaust fan for every fifty square meters of the
auditorium, which shall be approved by the Executive Engineer, Public Works,
Ports and inland transport Department. (2)
Alternatively, there shall be suitable
centralized ventilation system of sufficient capacity, which shall be approved
by the Executive Engineer, Public Works, Ports and inland transport Department. (3)
There shall be sufficient ventilation system
for the auditorium of air conditioned semi-permanent cinema or air cooled
semi-permanent cinema theatres which shall be approved by the Executive
Engineer, Public Works, Ports and inland transport Department: Provided that when the
ventilation system fails during the performance, the show shall be stopped
during the period of its failure. (1)
Suitable booking windows for the various
classes shall be provided within the premises in such a position that there is
room for queues of purchasers of tickets to form up within the premises without
causing any obstruction to traffic on the public road. (2)
Suitable means of entrance and exit shall be
provided for the public to the ticket booth frontage. (3)
(i) No person other than a licensee or his
agent duly authorised by him in writing 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 or pass or any other evidence of the right of admission to any cinema
theatre or multiplex. (ii) No ticket or pass or
any other evidence of the right of admission to any semi-permanent cinema
theatre shall be sold, or kept or offered or exposed for sale in any place
other than the booking windows provided for the purpose and shall not be sold
to any person other than a person who lines up in a queue, if any, before the
booking window: Provided that the Licensing
Authority may, in the case of charitable shows permit in writing the sale of
tickets, passes or any other evidence of the right of admission at places other
than the booking windows and by persons other than the licensee. (4)
(i) The licensee shall not earlier than seven
days preceding the day of the exhibition of the film, book seats in any class
in advance by selling tickets or otherwise. (ii) Sale of tickets online
shall be allowed in semi-permanent cinema theatres in accordance with relevant
rules. (iii) Charges for each
ticket as well as other charges shall be as applicable in the relevant Acts and
rules. (1)
Every semi-permanent cinema shall be provided
with sufficient number of water closets and urinals within the main building
for men, women and children, third gender and physically challenged separately. (2)
The scale of sanitary accommodation to be
provided shall be as specified in Schedule "C". (3)
The water closets and urinals shall be
connected to an underground sewer line. (4)
Rain water harvesting system shall be adopted
to conserve and utilize water efficiently. (5)
Every semi-permanent cinema theatre shall be
provided with a sufficient number of drinking water taps for men and women
separately but in no case shall there be less than two water taps, one for men
and the other for women. The water taps shall be connected to a water supply
pipe, or when the supply of water by the pipe is cut off or when there is no
water supply pipe, to a tank or water container containing pure drinking water. (1)
No hotels, shops and Canteens shall be
permitted in the cinema building except as provided in sub-rules (2) and (3)
below. (2)
If the cinema building is constructed out of
non-inflammable materials and sound proof, the Licensing Authority may, after
consultation with the local authority having jurisdiction over the place and
the Town Planning Officer of the urban development authority/city
corporation/local planning authority/Assistant Director of Town and Country
Planning of the district permit opening of establishment like hotels, shops and
canteens provided that it is within the compound theatre and it shall not abut
the cinema building or open to the cinema theatre. (3)
No permission under sub-rule (2), shall be
granted unless the Licensing Authority is satisfied.--- (a)
that adequate provision is made for
preventing and extinguishing fire in the floor in which such establishments are
to be opened; (b)
that separate access and exit to such
establishments have been provided so as to permit the visitors to such
establishments to disperse easily and quickly in the event of fire; (c)
that the road to which such establishments
are open is a through fare for the approach of fire engines and appliances. (1)
No show rooms, hotels, shops, offices, banks
and Canteens shall be permitted in the cinema building except as provided in
sub-rules(2) and (3). (2)
If the cinema building is constructed out of
non-inflammable materials and sound proof, the Licensing Authority may, after
consultation with the local authority having jurisdiction over the place permit
opening of establishment like show rooms, hotels, shops, canteens, banks and
offices in a floor other than the floor in which the cinema building is located
and shall not permit shops and establishments selling and serving alcohol and
banned substances. (1)
For purposes of this Chapter, unless the
context otherwise requires, "Bush" means packing inserted in the
holes through which the pipes and cables pass in order to render such holes
reasonably smoke proof. (2)
Any word not defined in these rules
particularly in this chapter shall have same meaning and expressions as defined
in the Electricity Act 2003 and Central Electricity Authority (Measures
relating to Safety and Electric Supply) Regulations 2010 and rules and
regulations made thereafter. (1)
The electric lighting of the premises shall
have at least three separate and distinct main circuits and these shall be,- (a)
Circuit 'A' for the projection room and then,
through dimming regulator if any, to the central lighting of the auditorium, (b)
Circuit 'B' for approximately one half of the
auditorium, passage ways, stair ways, exits and parts of the buildings open to
the public and (c)
Circuit 'C for the remaining half of the
auditorium, passage ways, stair ways, exits and parts of the buildings open to
the public. (2)
The control of the circuits in respect of 'B'
and 'C shall be remote from each other. (1)
Where supply is available on three phase AC
system, the circuits A', 'B' and 'C shall be supplied from three different
phases to balance the load (2)
The main circuits 'A' 'B' and 'C may be
subdivided into as many sub-circuits as may be considered necessary. Each
sub-circuit shall start from a distributing board and must be through a
suitable capacity Earth leakages circuit breakers (ELCB) (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)
Power saving and modern technology lighting
system shall be adopted like LED, etc. (1)
Main switch with overload and earth leakage
protection shall be provided in the main switchboard for the control of entire
electrical installation. All circuits shall be efficiently protected by circuit
breakers of suitable capacity placed in positions easily accessible to the
staff and in places where they are not likely to obstruct any passage or exits. (2)
The switch boards if they are accessible to
the public and if they are in the ticket booths, shall be provided with proper
lock-up cases with glass or metal front and the glass (unless of adequate
thickness) shall be protected with a wire guard or alternatively boxes with
lids and sides rendered fire proof by using suitable fire resistant material. (3)
All switches and circuit breakers of suitable
capacity shall be so marked as to show clearly which circuit or lamps they
control. (1)
Such number and type of accumulators or
automatic DC lights as may be approved by the Electrical Inspector shall be
installed to illuminate the auditorium during an emergency or failure of power. (2)
The accumulators shall be placed in a room
adequately ventilated to the outside air and this room shall be of fire-proof
construction with fire resisting doors and shall not be used for any other
purpose. All motors and electrical equipments, shall, if permitted
be subject to special conditions, but electric fans and similar motors not
taking more than three hundred watts may be used, if separately wired by
circuit breakers on a proper distributing board. All resistances, with the
exception of a resistance for regulating purposes, shall be placed outside the
projection room and, if reasonably practicable, outside the auditorium. If
placed inside the auditorium, such resistances shall be protected by an earthed
wireguard or other efficient means of preventing accidental contacts. (1)
In any semi-permanent 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 or carbon. All parts of the lamps,
lanterns and fittings which are liable to be handled (except by the person
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 conflagration
by contact with scenery or other inflammable material shall be projected by a
wire guard. In no case shall arc lamps be suspended by the conductors. (3)
All arc lamps shall be connected with
airtight ducts leading to atmosphere. (4)
Advanced technology projector and sound
system like digital projectors, digital sound system and any other type of
advanced technology can be installed and used in any part of the semi-permanent
cinema theatre after obtaining permission from the Electrical Inspector of the
district or area. Cables for Cinematograph
lamps or digital projector shall be taken as separate circuits from the
projection room power distribution board. An efficient double pole switch with
proper fuse protection shall be fitted within the projection room in the
cinematograph lamp circuit. Within the projection room,
all electric cables, be of fire retardant low smoke type and all cables shall
be enclosed in conduits. All conduits leading to projectors and motors from
switch board shall be embedded in the floor finish without cutting the floor
slab and in no case the conduits and cables be allowed on floor surface. (1)
Foot lights shall be provided in gangways and
passages within the auditorium, the voltage of which shall not exceed
twenty-four volts. (2)
All lights in the staircases, corridors,
passages and exits shall be kept alight during the time the public are in the
cinema and they shall be connected to alternate source of power. (3)
At least six torches shall be kept on the
premises in proper working order throughout when the public are on the premises
and shall be distributed over the building so as to be easily accessible to the
door keepers. (4)
Emergency lights covering all the exits shall
also be provided. (5)
Emergency sign boards (fire exit, staircase,
safe assembly, fire extinguisher, emergency alarm switch etc.,) shall be kept
brightly and clearly visible. (1)
The electrical wiring of the entire cinema or
multiplex premises should be done in conduit pipe, metallic or approved rigid
poly vinyl chloride. (2)
Bushes shall be used wherever necessary for
metallic conduit pipes. All metallic tubing shall be efficiently earthed and
shall be provided with screw joints or other means of ensuring a good and
permanent electrical connection which must be continued with boxes and other
fittings. (1)
All suspended fittings shall be firmly fixed. (2)
Combined gas and electric fittings shall not
be used. (3)
Any electric light pendants or brackets in
the auditorium and in front of the cinema or multiplex building generally shall
be at least two and half meters above the floor to the lowest projecting part
of the fittings. No electrical fittings 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. (4)
(i) The electrical installation shall be
incharge of a properly qualified person holding a Wireman's or Supervisor's
permit issued by the Licensing Advisory and Examination Board of the Government
of Karnataka or shall be incharge of a licensed Electrical Contractor whose
name shall be intimated to the Electrical Inspector of the district or area. (ii) Licensed Electrical
Contractor shall furnish insulation resistance of all circuits and values of
earth electrode annually to Electrical Inspector of the district. (5)
Instructions both in English, Hindi and in
regional languages for the restoration of persons suffering from electric shock
shall be affixed in a conspicuous place and at least one pair of rubber gloves
in good order shall be provided for use of the wiremen. (6)
Earthing shall be done efficiently and
perfectly as per Electricity Act 2003, Central Electricity Authority (measures
relating to Safety and Electric Supply) Regulation 2010 and rules and regulations
thereafter, I S S 3043/1987 and shall be maintained properly. Earth electrodes
shall be kept exposed and enclosed in masonry enclosures as per I.S. standards
so as to facilitate watering, inspection and periodical testing. A framed wiring diagram in
single line indicating clearly the arrangement of all circuits and sub-circuits
of the electrical installation the position of distribution boards and the size
of cables shall be displayed in the premises and shall be kept up-to date. Such
diagram shall also be maintained in digital format be duly approved by the
Electrical Inspector. (1)
Lightning conductors shall be provided in
every semi-permanent cinema building conforming to relevant I.S. Standards. (2)
Neon signs if installed, shall be got
inspected and approved by the Electrical Inspector before commissioning. (1)
Every semi-permanent cinema theatre shall be
provided with telephone located in an easily accessible place. All the
emergency contact numbers including fire, ambulance, police, hospital etc,
shall be displayed prominently. Nearest fire station, telephone number shall be
highlighted with the Control Room Number 101. (2)
The installation and maintenance of the
complete telephone facility shall be done by the licensee at his cost. (1)
The following fire fighting appliances shall
be provided in every semi-permanent cinema building, namely:- (a)
In projection room- (i)
One water gel blanket (ii)
Two buckets of water, each of 09 liters
capacity. (iii)
Two carbon dioxide extinguishers, each of two
kg capacity and one carbon dioxide extinguisher of 5 kg capacity. (b)
In auditorium and balcony.--- (i)
Four ABC powder extinguishers, each of 5 kg
capacity in the auditorium and two such extinguishers in the balcony wherever
balcony is in existence. (ii)
Two stirrup pumps attached with flexible
hoses of not less than six meters in length in the auditorium and one stirrup
pump in the balcony wherever balcony is in existence. Each stirrup pump shall
be provided with two flat bottom buckets each of ten liters capacity to be kept
always filled with water; and inbuilt firefighting equipment as required shall
be provided. (iii)
Two carbon dioxide extinguishers, each of two
kg capacity and one carbon dioxide extinguisher of 5 kg capacity. (iv)
One fire bucket of ten liters capacity filled
with water for every one hundred square meters of floor area or part thereof
with a minimum of twelve buckets in the auditorium and two in the balcony. (c)
Near electrical installation,- (i)
One ABC powder extinguishers of 5 kg capacity
near each main switch board. (ii)
Wherever electrical meters, rotary convertors
or any other electrical machinery or apparatus are installed, one ABC powder
extinguisher of 5 kg capacity shall be provided. (2)
All fire fighting appliances shall be kept in
such a manner as to be readily available for use. The majority of the fire
fighting appliances in the auditorium shall be fitted in the neighborhood of
the screen at a height of 1.20 m. (3)
The fire buckets shall have round bottoms,
each of 9 liters capacity. They shall be painted red with the word
"Fire" in large transparent letters in English, Hindi and Kannada filled
with clean, dry sand. (4)
All the portable extinguishers shall be
maintained periodically and subjected to hydraulic pressure test at the
jurisdictional Fire Station or an engineering firm authorized in this behalf by
the Government, to show that it can withstand for one minute a pressure of
twenty kg/cm2 and a certificate of such test shall be submitted to the
Licensing Authority. Similar tests shall be repeated annually thereafter. (5)
All the attendants and the staff including
the cinema operator of the cinema building or multiplex shall be trained in the
use of all the firefighting equipment maintained in the premises at the Fire
& Emergency Services Academy in the state each one for a period of not less
than three days. (6)
The licensee shall,- (i)
Maintain periodically the portable
fire-extinguisher provided in the licensed premises, as per the manufacturers
specifications and as per the directions of the Fire Officer of Fire and
Emergency Services of the district and recharge it and record the date of
having done so on a slip of paper and paste the same on the outside of such
container; (ii)
each portable fire-extinguisher provided in
the licensed premises shall be discharged once in every year or as directed by
the manufacturer and as per the directions of the Fire officer of Fire and
Emergency Services of the district and recharge it and record the date of such
recharge in suitable point on the external surface of the container of the
portable fire-extinguisher. (1)
All curtains covering the doors and passages
shall be hung so as not to trail on the floor and the lower end of it shall be
at least ten centimeters above the floor level. The curtains shall be treated
with fire retardant solutions. (2)
No unauthorized person shall be allowed to
enter the projection room. (3)
Smoking, use of alcohol, tobacco or any
banned substance shall not be permitted in the entire cinema theatre premises. (4)
No inflammable article shall be taken into or
allowed to remain in the projection room. (5)
Cinematograph projectors shall be fitted with
two metal film boxes of substantial construction to and from which the film
shall be caused to travel: Provided that in case of
semi-permanent cinema theatre with advanced technology like digital projector,
digital sound system or multiplex necessary equipment shall be used in this
regard. (6)
The film boxes shall be fitted with a film
slot so constructed as to prevent the passage of flame to the interior of the
box. (7)
Films shall be wound upon spools in such a
manner that one wound film shall not at any time reach or project beyond the
edges of the flanges of the spool. The rewinding of the films shall be carried
out only in the rewinding room or enclosure: Provided that in the case of
advanced technology like digital projector and digital sound system rewinding
room is not mandatory. (8)
A rack shall be provided for storing the
closed metal boxes without pilling. Films shall be stored in a separate
store-room and not in the projection room. (9)
If carpets are laid in a cinema theatre or
multiplex they shall be made of fire resistant material and shall be securely
fixed to the floor so that the edges do not turn up or ruck up. If mats are
used, they shall be of fire-resisting material and they shall be let into the
floor in a recess not exceeding the size of the mat and not deeper than the
thickness of the mat. (10)
If electrical switches are installed in the
ticket booths, they shall be made inaccessible to the public by means of proper
covering. The licensee shall cause.-- (1)
all windows and other means of ventilation in
the building to be maintained in good order; (2)
every part of such building or place to be
maintained in proper sanitary conditions; (3)
the walls of the building to be hotlime
washed at least once in every six months or to be painted once in every two
years or more often if so required by the Licensing Authority or other
competent municipal or health authority; (4)
the premises to be thoroughly cleaned and all
refuse matters to be removed after every show or more often if so required by
the Licensing Authority or other competent municipal or health authority; and (5)
electrical equipments such as fans, glass,
shades etc., to be periodically cleaned every week and kept in a presentable
condition. No person shall smoke in the
semi-permanent cinema theatre premises and any holder of a cinema licence or
his nominated manager or managers shall ensure that smoking is prohibited in
the entire cinema theatre premises. The licensee or his manager
shall ensure that cleanliness and hygiene are maintained in the semi-permanent
cinema theatre premises and ensure banning of spitting and other forms of
pollution of the premises in the interest of public health. 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,- (1)
hawk in the auditorium; or (2)
sell or supply any eatables or drinks to any
member of the audience in the auditorium itself; or (3)
distribute or sell whether for consideration
or not any articles or thing to any member of the audience in the auditorium
itself. No licensee of
semi-permanent cinema theatre shall admit to any part of the auditorium a
greater number of persons than the maximum number authorized in the licence to
be accommodated in such part. In order to ensure that this maximum is not
exceeded, and more particularly to facilitate checking by the Competent
Authority at any time the licensee shall issue tickets bearing serial numbers
and the date and the number of the performance on the foils and counter-foils.
After each performance, the ticket books shall be marked "closed" on
the last counterfoil issued. The persons in charge of the
projecting apparatus, electrical installations 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. No semi-permanent cinema
building shall be used for any purpose other than exhibition of cinematograph
films except with the previous permission in writing of the Licensing
Authority: Provided that in the case of
Multiplex Complex, the portion of the permanent building used for the purpose
of Cinema theatres, auditorium including the areas for all ancillary uses such
as projector room, toilets, entrance/exit lobbies/corridors, food kiosks/cafes/canteens
attached to the theatre, ticket counters etc. shall only be considered for the
application of this rule. No slot or amusement machine
shall be operated in the semi-permanent cinema except with the written
permission of the Licensing Authority who shall decide after consultation with
local authority, provided that no such permission shall be required for
machines exclusively used for the sale of articles like sweets, coffee, tea,
snacks and soft drinks vending machines or for the recording of weight or for
dispensation of tickets. CHAPTER
XVI REGRANT
OF LICENSES IN RESPECT OF SEMI PERMANENT CINEMAS (1)
(i) Every application for the regrant of a
licence to a semi-permanent cinema shall be made to the Licensing Authority one
month before the expiry of the licence. Such application shall be accompanied
by- (i)
the certificates referred to in clause (a),
(b)(i), (b)(ii) and (b)(iii) and the declaration referred to in clause (c) of
rule 139, (ii)
a treasury challan for evidencing the payment
of fees at the rates specified in rule 179. (iii)
a certificate issued by the Competent
Authority for having paid upto date rent in respect of and in which the cinema
building is situated in case such land is obtained on lease from the State
Government or any local authority. (2)
A copy of the application under sub-rule (1)
shall be sent to the Electrical Inspector for the issue of certificate of
fitness of electrical installations, accompanied by a treasure challan of fees
paid, fees specified by the Government from time to time. The Electrical
Inspector shall inspect and report to the Licensing Authority whether the
electrical installations fulfill the requirements of these rules. If the
Electrical Inspector is satisfied that the electrical installations fulfill the
requirements of these rules, he shall issue a certificate within fifteen days
after the receipt of the application. However, if the Electrical Inspector
discovers any defect therein, he shall make a report in writing about the same
to the Licensing Authority, who shall thereupon issue, immediately, a written
notice to the owner for their rectification and specify a reasonable time
within which such rectification should be carried out. On failure by the
licensee to comply with the terms of such notice within the period specified,
the Licensing Authority shall suspend or cancel the existing licence or shall
not regrant the licence, as the case may be until such rectifications are
attended to by the licensee: Provided that in the case of
any semi-permanent cinema theatre which does not fulfill the requirements of
the rule, the Electrical Inspector may reject the application for issuing of
certificate for five years or reduce the period of the certificate, for reasons
to be recorded in writing and after giving the applicant an opportunity of
being heard, and the reasons for this should be clearly indicated to the
Licensing Authority. (3)
A copy of the application under sub-rule (1)
shall also be sent to the Executive Engineer Public Works, Ports and inland
transport Department, for the issue of certificate accompanied by a treasure
challan of fees paid, fees notified by the Government from time to time. The
Executive Engineer Public Works, Ports and inland transport Department, shall
inspect and report to the Licensing Authority whether the semi-permanent cinema
building fulfills the requirements of these rules. If the Executive Engineer
Public Works, Ports and inland transport Department is satisfied that the
semi-permanent cinema building fulfill the requirements of these rules, he
shall issue a certificate within 15 days after the receipt of the application.
However, if the Executive Engineer Public Works, Ports and inland transport
Department, discovers any defects therein, he shall make a report in writing
about the same to the Licensing Authority, who shall thereupon issue,
immediately, a written notice to the owner for their rectification and specify
a reasonable time within which such rectification should be carried out. On
failure by the licensee to comply with the terms of such notice within the
period specified, the Licensing Authority shall suspend or cancel the existing
licence or shall not regrant the licence, as the case may be until such rectifications
are attended to by the licensee. Provided that in the case of
any semi-permanent cinema theater which does not fulfill the requirements of
the rule reject the application for issuing of certificate for five years or
reduce the period of the certificate, for reasons to be recorded in writing and
after giving the applicant an opportunity of being heard, and the reasons for
this should be clearly indicated to the Licensing Authority. (4)
A copy of the application under sub-rule (1)
shall also be sent to the District Health Officer for the issue of certificate
accompanied by a treasure challan of fees paid, fees notified by the government
from time to time. The District Health Officer, shall inspect and report to the
Licensing Authority whether the cinema or multiplex building and premises
fulfills the requirements of these rules. If the District Health Officer is
satisfied that the cinema or multiplex building fulfill the requirements of
these rules, he shall issue a certificate within fifteen days after the receipt
of the application. However, if the District Health Officer discovers any
defects therein, he shall make a report in writing about the same to the
Licensing Authority, who shall thereupon issue, immediately, a written notice
to the owner for their rectification and specify a reasonable time within which
such rectification should be carried out. On failure by the licensee to comply
with the terms of such notice within the period specified, the Licensing
Authority shall suspend or cancel the existing licence or shall not regrant the
licence, as the case may be until such rectifications are attended to by the
licensee: Provided that in the case of
any semi-permanent cinema theatre which does not fulfill the requirements of
the rule reject the application for issuing of certificate for five years or
reduce the period of the certificate, for reasons to be recorded in writing and
after giving the applicant an opportunity of being heard, and the reasons for
this should be clearly indicated to the Licensing Authority. (5)
A copy of the application under sub-rule (1)
shall also be sent to the Fire Officer of the district for the issue of
certificate accompanied by a treasure challan of fees paid, fees notified by
the Government from time to time. Fire Officer of Fire and Emergency Services
of the district shall inspect and report to the Licensing Authority whether the
semi-permanent cinema building, fire fighting appliances and equipments
fulfills the requirements of these rules. If the Fire Officer of the district
is satisfied that the semi-permanent cinema building, fire fighting appliances
and equipments fulfill the requirements of these rules, he shall issue a
certificate within fifteen days after the receipt of the application. However,
if the Fire Officer of the district, discovers any defects therein, he shall
make a report in writing about the same to the Licensing Authority, who shall
thereupon issue, immediately, a written notice to the owner for their
rectification and specify a reasonable time within which such rectification
should be carried out. On failure by the licensee to comply with the terms of
such notice within the period specified, the Licensing Authority shall suspend
or cancel the existing licence or shall not regrant the licence, as the case
may be until such rectifications are attended to by the licensee: Provided that in the case of
any semi-permanent cinema theatre which does not fulfill the requirements of
the rule reject the application for issuing of certificate for five years or
reduce the period of the certificate, for reasons to be recorded in writing and
after giving the applicant an opportunity of being heard, and the reasons for
this should be clearly indicated to the Licensing Authority. (6)
On receipt of the Electrical Inspector's Certificate
under sub-rule(2), the Executive Engineer Public Works, Ports and inland
transport Department's certificate under sub-rule(3), District Health and
Family Welfare Officer's Certificate under sub-rule(4), Fire Officer's
Certificate under sub-rule(5), the Licensing Authority shall examine and
satisfy himself that all the rules have been complied with, issue a licence
valid for a period of five years or reduce the period for reasons, to be
recorded in writing. (1)
If on an application for the regrant of
licence made under rule 177, the Licensing Authority does not for any reason
either regrant the licence or refuse to regrant the same, before the date of
expiry of the licence, he shall grant a temporary permit in Form 'G' provided
that the Electrical Inspector's Certificate continues to remain valid. (2)
Such temporary permit shall be subject to the
conditions of the licence sought to be renewed and shall be valid till the
Licensing Authority disposes of the application: Provided that the temporary
permit shall cease to be valid and shall be surrendered to the Licensing
Authority on the applicant receiving the licence duly regranted or on his
receiving an order refusing to regrant the licence: Provided further that the temporary
permit shall be surrendered to the Licensing Authority on demand made at any
time in that behalf. (3)
No fee shall be levied for the grant of a
temporary permit. (4)
The temporary permit shall, during the period
of its validity of the thirty days, be deemed to be a licence for the purpose
of these rules. For regrant of every
licence, the rate of fee shall be as specified by the Government from time to
time. (1)
The licensee shall notify to the Licensing
Authority in writing of his intention to make additions or alterations to the
electrical installations or apparatus. The Licensing Authority shall forward
such notice to the Electrical Inspector of the district or area. Where the
Electrical Inspector reports after inspection that the alterations or additions
proposed are in accordance with the provisions of these rules, the Licensing
Authority shall approve the proposal following as far as may be, the procedure
laid down in sub-rule(3) of rule 31. (2)
If, in the opinion of the Licensing
Authority, further inspection is necessary, he may direct it and require the
licensee to pay in advance fees specified by the Government from time to time. (3)
If during the interval between two periodical
inspections, any further inspection shall in the opinion of the Electrical
Inspector becomes necessary owing to the neglect or failure of the person in
charge to carry out any written orders of such officer issued under sub-rule(2)
of rule 4 within the time specified by him or if during any inspection the
installation be found defective, fees specified by the Government from time to
time shall be charged for such further inspection and such fee shall be paid by
the licensee. CHAPTER
XVII MISCELLANEOUS The Regional Commissioner of
the concerned revenue region shall be the Appellate Authority for the purposes
of sections 10 and 17. (1)
An appeal shall be submitted in duplicate in
the form of a memorandum setting forth concisely the grounds of objection to
the order which is the subject of appeal and shall be accompanied by the
original or a certified copy of the order appealed against. (2)
The memorandum of appeal shall be signed by
the appellant or by his authorized agent and presented to the Appellate
Authority in person or by agent at any time during the office hours on any
working day or sent by registered post. The authorization of the agent to
present appeals shall be in writing and shall accompany the memorandum of
appeal unless the agent holds a power of attorney. (3)
The Appellate Authority shall fix a day for
hearing of the appeal. On the date fixed for hearing the appeal or such further
date of which, the appeal may be adjourned, the Appellate Authority shall after
hearing the parties or their agents, pass such orders on the appeal as it deems
fit. A fee as specified by the
Government from time to time shall be paid on every memorandum of appeal
presented to an Appellate Authority. The Karnataka Cinemas
(Regulation) Rules, 1971 are hereby repealed: Provided that the said
repeal shall not affect the previous operation of the said rules and section 6
of the Karnataka General Clauses Act, 1899 (Karnataka Act 3 of 1899) shall
apply in respect of such repeal.KARNATAKA CINEMAS (REGULATION)
RULES, 2014
PREAMBLE
The licensee shall,-
The Licensing Authority may grant semi-permanent cinema licence to a temporary
cinema licence under Rule 140, if such person converts temporary cinema into
semi-permanent cinema in accordance with the provisions relating to the
construction of such cinema before the expiry of the licence period specified
in Rule 107.
On receipt of the No Objection Certificate, the applicant shall submit an
application for approval of the Plan of the building to be constructed on the
approved site to the Licensing Authority. Such application shall be accompanied
by,-
Transforming and converting machinery with the controlling switches and circuit
breakers shall be placed in a place adequately ventilated to outside air,
properly lighted and accessible to the management and shall be used for no
other purpose:
Where the supply of current is derived from special plant on the premises, such
plant should in all cases be approved by the Electrical Inspector of the
district or area.