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MEGHALAYA CINEMAS (REGULATION), RULES

MEGHALAYA CINEMAS (REGULATION), RULES

MEGHALAYA CINEMAS (REGULATION), RULES

PREAMBLE

In exercise of the powers conferred by Section 10 of the Assam Cinemas (Regulation) Act, 1953 has been adapted by the State of Meghalaya vide Meghalaya Adaptation of Laws and Orders (No. 3), 1973.

PART I

INTRODUCTORY

Rule - 1. Short title and extent.

(i)       These Rules may be called the Meghalaya Cinemas (Regulation) Rules.

(ii)      They shall apply to all exhibitions by meant of Cinematograph in the State of Meghalaya.

(iii)     They shall deem to have come into force in the 21st day of January, 1972.

Rule - 2. Definitions.

In this rules, unless there is anything repugnant in the subject of context-

[1][[2](i) The "Act" means the Meghalaya Cinemas (Regulation) Act;

(ii) "Auditorium" means the portion of the licensed place in which accommodation is provided for the audience or spectators to view the cinematograph exhibition;

(iii) "enclosure" means that portion of the licensed place in which the Cinematograph apparatus is erected;

(iv) "exit" includes an emergency exit and any entrance useable by the public as an exit;

(v) "Government" means the Government of the State of Meghalaya;

(vi) "License" means a license granted under the provision of the Act;

(vii) "Licensee" means any person who has been granted a license and includes his agents and managers;

(viii) "Person" means any adult male or female individual and whether incorporated or not.

Rule - 3. Kinds of Licensee.

There shall be four kinds of licensee namely for:-

(i)       Permanent cinemas;

(ii)      Temporary indoor cinemas;

(iii)     Temporary open air cinemas; and

(iv)    Touring cinemas.

Rule - 4. Construction of Cinema Building.

(I)      Any person desiring to put up a building or structure to be used as a permanent cinemas house shall make an application in writing to the Licensing Authority specifying the site where the cinema house in proposed to be put up. Each such application shall be accompanied by-

[3](a) No Objection Certificate - A certificate from either the Municipality, Town Development Authority, or Town Committee exercising jurisdiction over the area and where none of these exists, from the District Council that there is no objection to the erection of the proposed Cinema building.

(b)  Complete plans, elevation and sanction in duplicate, of the premises and all erections or buildings thereon drawn correctly to the scale of one-eight of an inch to one foot and showing the width of all stairways, and the number of steps in each, the width of corridors, gangways and doorways, the height of the galleries or tiers and the details of the cinematograph and of the plant for the generation or conversion of electrical energy;

(c)  a site plan in duplicate on a separate sheet drawn to the scale of one fortieth of an inch to one feet showing the position of the premises in relation to any adjacent premises and to the public thoroughfare upon which the site of the premises abuts, and the arrangements, proposed for the parking of motor car and other vehicles within the proposed site;[4]

(d)  Specification of the various materials proposed to be used in the construction of the building;

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

After the plans are finally approved by the Executive Engineer concerned, the Licensing Authority with the prior approval of the State Government may grant in Form 'A' appended to these Rules, a "No Objection" Certificate in writing to the applicant to put up the Cinema house in accordance with the plans finally approved:

[5]The State Government in according approval to "No Objection" certificate shall take into consideration the fact whether the applicant has get any previous License of cinema and shall give preference to those having no such License.

Provided that such "No Objection" certificate does by no means guarantee the issue of a cinema license which depend on separate application and fulfillment of the requirement of prescribed Rules and instruction;

Provided further that in the case of a license either for temporary, open air cinema, or for touring cinema, the condition of furnishing a "No Objection" certificate required under Rule 11 (2) (II) and Rule 14 (2) (II) respectively may be relaxed by the Licensing Authority to such extent as may be considered necessary having due regard to the safety measures for the spectators.

Rule - 5. Application for license.

(I)      Every application for the grant or renewal of a license shall be in writing and shall be signed by the applicant and submitted to the Licensing Authority.

(II)     Procedure for application:-

Application for the grant as distinct from the renewal of a permanent cinema license shall be accompanied by;

(1)     full particulars regarding the ownership of an all rights in, the premises and in the cinematograph apparatus to be used therein;

(2)     a true copy of the "No Objection" certificate under sub-rule (II) of Rule 4;

(3)     certificate form the Executive Engineer, P.W.D., of the area that the rules relating to the structural features of the building have been duly complied with;

(4)     certificate from the Electricity Department of the Government that the electrical installation conform to the required standard and the existing rules;

(5)     certificate from the District Officer or any other competent authority of Public Health Department that the arrangements for sanitation comform to the requirements of the rules;

(6)     an "approved Films Exhibition Certificate" from the Officer-in-Charge of Distribution, Films, Divisions, Ministry of Information and Broadcasting, Government of India to the effect that the arrangements have been made for getting regular supply of approved fixtures for the duration of the period for which license is applied for;

(7)     a treasury receipt for the payment of fees for license at the rate prescribed;

(8)     a clearance certificate from the Superintendent of Taxes of the area concerned to the effect that no amount of tax due under the Meghalaya Amusement and Betting Tax Act, 1939, has remained unpaid;

(9)     a certificate from the Deputy Commissioner concerned that the application for license will not involve a benami transaction.

Rule - 6. License for permanent cinema.

(1) A License for permanent cinema may be granted by the Licensing Authority with the prior approval of the State Government in Form B appended to these Rules.

[6](2) No permanent cinema house shall be allowed within a distance of two hundred and fifty metres from the existing hospital, educational institutions, place of worship, cremation grounds, graveyards, cemetery or other standing permanent Cinema House.

[7](3) The License granted shall be valid for three years unless revoked earlier by the Licensing Authority. It may be renewed on the expiry of its validity for a period not exceeding three years at a time by Licensing Authority with the previous approval of the State Government. The application for renewal shall be submitted atleast one month before the date of expiry of the existing license by the licensee in writing to the Licensing Authority accompanied by a fee as prescribed in Rule F, and certificate mentioned in Rules 5.

(4)   Any license who fails to apply for renewal of his license, with the requisite fee and certificates within fifteen days of the[8] expiry of the term of his license, shall at the time of its renewal as required to pay affine of Rs. 100/- (Rupees one hundred).

Explanation:- The word 'existing' means existing on the date of the issue of "No Objection" certificate under Rule (4).

Rule - 7. Fees for permanent Cinema License.

[9]License for permanent Cinema including duplicate thereof may be granted on payment of fees at rates prescribed below:-

(a)      Cinemas having 1001 seats and above Rs. 6,600 for every three years.

(b)      Cinemas having 701 seats up to 1000 seats Rs. 5100 for every year.

(c)      Cinemas having 501 seats up to 700 seats Rs. 3,900 for every three years.

(d)      Cinemas having 500 seats and below Rs. 3,000 for every three years.

(e)      for duplicate copy of any of the above license Rs. 30 for every three years.

Rule - 8. Application for temporary indoor cinema license.

Any person desirous of obtaining a license for a temporary indoor cinema shall apply in writing with the particulars and certificates mentioned in clauses (a), (c), (f), (g), and (h) of Rule 5, to the Licensing Authority.

Rule - 9. License for temporary indoor cinema.

“9.   (1) A License for a temporary indoor cinema may be granted by the Licensing Authority, with the prior approval of the State Government in Form C appended to these Rules for a period not exceeding three months. This period may however, be extended for a further period of three months on application being made, before the expiry of the current license, fulfilling the requirement of Rule 8.

(2) No license for temporary indoor cinema shall be issued in respect of any structure which is situated within a distance of two hundred and fifty metes from any existing hospital, educational institution, place of worship, cremation of ground, graveyard, cemetery or other existing permanent cinema house.

Rule - 10. Fees for temporary Indoor Cinema License.

[10]A fee of Rupees Rs. 100/- per mensem shall be paid for a License for a temporary Indoor Cinema and Rs. 20/- for a duplicate copy of the license. A surcharge of Rs. 50/- shall believed for failure to apply for renewal of the license in time.

Rule - 11. Application for temporary open Air Cinemas.

(1)     A person desirous of holding a license for a temporary open Air Cinema shall apply to the Licensing Authority of the District within which it is proposed to hold the open air shows.

(2)     Every application for a temporary open air cinema license shall be accompanied by:-

(i)       Full particulars regarding the ownership of, and all rights in, the cinematograph to be used;

(ii)      A true copy of the 'No Objection' certificate under sub-rule (II) of Rule 4;

(iii)     A treasury receipt for the payment of fees for license at the rate prescribed under Rule 13.

(iv)    A clearance certificate from the Superintendent of Taxes of the area concerned to the effect that no amount of tax due under the Meghalaya Amusement and Betting Tax Act, 1939, has remained unpaid.

Rule - 12. License for temporary open Air Cinemas.

A license for a temporary open air cinemas may be granted by the Licensing Authority with the prior approval of the State Government in Form D appended to these Rules, for a period not exceeding six months.

Provided that no such cinema shows shall be allowed within such a distance as the State Government considers reasonable having regard to the surrounding circumstances, from the existing hospital, cemetery, grave-yard, cremation ground or from an educational institution or place of public worship unless shows are held as a part of any function or festival of such educational institution or place of public worship.

Rule - 13. Fees for temporary open Air and Touring Cinemas.

[11]A fee of Rs. 150/- shall be paid for a license for a temporary open air cinema or Touring Cinema for the period for which the license is valid and Rs. 20/- for a duplicate copy of the license;

Provided that where the license for touring cinema is for holding shows for the benefit of labour in industrial concerns or by academic or cultural institutions, or for exhibiting only educational films or for the benefit of the public and not for making any profit or gain, the State Government may exempt the levy of fees under these rules.

Rule - 14. Application for touring cinemas.

(1)     A person desirous of holding a license for a touring cinema shall apply to the Licensing Authority of the area in which it is proposed to hold the touring cinemas.

(2)     Every application for a touring cinemas license shall accompanied by:

(i)       Full particulars regarding the ownership of, and all right in, the cinematograph to be used;

(ii)      A true copy of the "No Objection" certificate under sub-rule (II) of Rule 4;

(iii)     A treasury receipt for the payment of fees for license at the rate prescribed.

(iv)    A clearance certificate from the Superintendent of Taxes of the area concerned to the effect that no amount of tax due under the Meghalaya Amusement and Betting Tax Act, 1939 has been remained unpaid;

(v)      A certificate from the Deputy Commissioner concerned that the application for a license will not involve a benami transaction.

Rule - 15. License for Touring Cinemas.

A license for a touring cinema to be granted by the Licensing Authority with the prior approval of State Government, in Form D appointed to these Rules, for a period exceeding six months.

Provided that no such cinema shows shall be allowed within such distance as the State Government considers reasonable having regard to the surrounding circumstances, from the existing hospital, cemetery, graveyard or cremation ground or from an educational institution or place of public worship unless shows held as a part of any function or festival of such educational institution or places of public worship.

Rule - 16. Fees for Touring Cinema License.

[12]A fee of Rs. 5 (Rupees five) shall be levied for every month or part thereof for the period for which each touring cinema is valid;

Provided where the license for touring Cinema is for holding shows of the benefit of labour in industrial concerns or by academic or cultural institutions, or for exhibiting only educational films or for the benefit of the public and rot for making any profit or gain, the State Government may exempt this levy of this license fee.

A fee of Re/- shall be payable for a duplicate copy of the license.

Rule - 17. Intimation for change of venue of exhibition.

The holder of a license for a touring cinema may shift the venue of the exhibition from place to place within the district of issue, after giving due intimation of his programme and itinerary in advance to the Licensing Authority; provided that all the rules and safety requirements for holding cinema shows shall be duly observed and in case where it is proposed to install a touring cinema in a building the provisions of Rules 8 shall be duly complied with the licenses;

Provided further that a touring cinema shall not be held for more than 15 days in any particular place where no other license is being operated and a license cannot be operated in more than one place at a time.

Rule - 18. Recommendation to State Government.

If the Licensing Authority to whom an application for a license is made, is satisfied that all the prescribed requirements of Rules have been fulfilled and the economy of the place justifies a cinema license like the one applied for and there is no objection of any kind to the grant of such a license it may forward the application to the State Government with its recommendation stating the period for which and any particular condition or restrictions under which approval to the grant of a license is recommended by it.

Rule - 19. Inspections.

(I)      The competent officers of the PWD, the Electricity Department and the Public Health Department having jurisdiction in the area shall make necessary inspection [13]once a year in the month of December of the premises and the building in their respective spare or duty for the purpose of giving the prescribed certificates.

(II)     Defects revealed by such inspections shall be brought to the notice of the applicant or license and of the Licensing Authority which may refuse to grant or renew the license unless and until they are remedied to its satisfaction.

(III)   Fees of Rs. 50, Rs. 25 and Rs. 20 shall be payable respectively for each of the prescribed certifications by the Departments of Electricity, Public Health and Public Works. A duplicate copy of these certificates may be granted on payment of a fee of Rs. 2.

Rule - 20. Fees access to Inspecting Officer.

(I)      The licensee shall give free access to the Cinema at all hours to the officers mentioned below:-

(a)      The Licensing Authority or any officer nominated by it for these purpose of carrying out the duties of the Licensing Authority under the Act and the Rules and for checking that the provisions of the Act, the Rules framed there under and the conditions of the license are being duly complied with;

(b)      Any Police Officer who is required by a general or Special Order of the Licensing Authority or the District Superintendent of Police to attend the same;

(c)      The Officers of competent jurisdiction of the Departments of Public Health, Public Works and Electricity for the purpose of serving that the provisions of these rules are being duly observed and;

(d)      Regional Officers under the Central Board of Film Censors or an officer authorised by him in writing.

(II)     The License and the plan and description if, any attached thereto shall be produced on demand by the Licensing Authority or by any officer authorised by it or by these rules to enter a place licensed under section 5 of the Act.

(III)   A licensee, his servants, and agents shall comply with any orders taken by the Licensing Authority or by the Inspecting Officers from time to time or as occasion arises, for the safety or convenience of the public or for the preservation of order or of the public peace.

Rule - 21. Addition and Alterations.

(I)      No addition to or alteration in any portion of any premises licensed under Section 5 of the Act, necessitated by fire, any other calamity or any other cause shall be made without the sanction of the Licensing Authority.

(II)     The Licensee shall give notice in writing to the Licensing Authority of his intention to make any such addition or alteration and such notice shall be accompanied by complete plans, elevations and sections and specification of the work proposed to be executed in the manner prescribed in Rule 4.

(III)   The work shall not be commenced until the consent of the Licensing Authority has been obtained and the Licensing Authority shall not give consent unless the Executive Engineer PWD certifies that the proposed addition or alteration is in accordance with these rules.

(IV)   No addition to or alteration of any part of the Cinematograph apparatus and its appurtenances or of the lighting or other electric arrangements shall be made without the sanction of the Licensing Authority.

The licensee shall give notice in writing to the Licensing Authority of his intention to make any such addition or alteration and the Licensing Authority shall not give sanction thereto unless an officer of competent jurisdiction of the Department of Electricity certificate that the addition or alteration is in accordance with the provisions of these rules.

PART II

RULES FOR THE LICENSING OF PERMANENT CINEMAS

Rule - 22.

All buildings or other regulations for observance at places of public amusement imposed by the Municipal bye-laws or by any other law, or by rules under any other law, for the time being in force, shall be strictly adhered to as far as they are not inconsistent with these rules.

Rule - 23.

A permanent license shall only be granted or renewed in respect of a building which as regards its location, structure, fittings electrical and other equipment complied with the provisions of the rules in these parts.

Rule - 24.

Deleted vide Meghalaya Cinema (Regulation) (Amendment) Rules 1987.

Rule - 25.

[14]No portion of the place licensed shall be occupied or use as a hotel boarding or lodging house, factory, workshop or manufacture or for storage or residential purposes, except as the Licensing Authority may allow.

Rule - 26. Smoking prohibited.

(a)      No person shall smoke and no holder of a cinema license or his agent or manager shall permit smoking in the auditorium.

(b)      The number of persons admitted at any time into any part of the place licensed shall not exceed such number as may be specified in the licensed. No persons shall be permitted to remain in any of the interesting gangways.

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

Rule - 27. Sale of tickets.

(a)      The licensee shall make arrangements to the satisfactions of the Licensing Authority for the sale of tickets for admission tickets shall be numbered to correspond to the numbers of the respective seat in the auditorium and no more tickets shall be sold for any performance than there are seats available.

(b)      The licensee shall also make arrangements to the satisfaction of the Licensing Authority for the orderly marshalling of persons desirous of purchasing tickets at the licensed place. Such a numbers of booking office windows shall as provided in cinema houses of the sale of tickets to the public as the Licensing Authority may determine in order to prevent congestion of entrances.

(c)      The licensee shall cause to be affixed and displayed in a conspicuous manner in the cinema premises or at the booking office a price-list showing the various rates charged for tickets to different classes which are kept, offered or exposed by him for sale and also the hours of business during which such sale will be effected and no sale shall be effected except during the hours notified. Provided that advance, booking of seats shall be allowed on receipt of a reservation fee at the rate of 5 paise for each tickets of lowest two classes and 10 paise per ticket for the upper classes, and arrangement therefore shall be made by the licensee during the hours of 9 A.M. to 6 P.M. in the booking counter or any other notified place in the cinema house.

(d)      Every licensee shall print or cause to be printed in the face of every ticket, pass or other evidence of the right of admission to be sold or kept, offered or exposed for sale, the price charged therefore plus entertainment tax, if any, and he at no time charge for any such ticket, pass or evidence of the right of admission a price in excess of what is printed thereon.

The rates of payment for admission to the different class in the licensed premises shall be determined by the Licensing Authority and these rates shall not be increased without an order in writing by the Licensing Authority permitting such increase.

(e)      Every tickets shall be torn into two parts at the time of admission, one part thereof shall be retained by the gatekeeper the other part remaining with the holder.

Rule - 28. Maintenance of records.

Every licensee shall at all time keep and maintain full and up-to-date sets of records showing sale of tickets in each show and their rate showing separately the taxes and faces realised and shall produce on demand all such records for inspection by an Officer deputed for the purpose by the Licensing Authority.

Rule - 29. Deputation of responsible persons.

(a)      In order to secure the safety of the audience, the licensee or some responsible agent or manager duly conversant with the rules and nominated by him in writing for the purpose shall be incharge during the whole time of any exhibition and he shall be specially instructed by the licensee or such agent or manager as to their respective duties, in particular in relation to the carrying out of the requirements of these rules.

Sufficient number of attendants shall remain on duty during the whole time that the premises are open to the public.

(b)      All persons responsible for or employed in connection with the exhibition shall take due precautions for the prevention of accidents and shall abstain from any act whatever which tends to cause fire and is not reasonably necessary for the purpose of the exhibition. The license or the agent or manager nominated by him in writing as aforesaid shall see that the operators and every other persons who may be called upon to handle inflammable film within the building for any purpose are fully instructed as to the dangers arising from the use of inflammable film, the precautions to be observed to prevent risk of ignition and the steps to be taken in the event of a film smouldering or catching fire.

Rule - 30. Exits.

(a)      In addition to the normal means of entrance to the auditorium, emergency exits shall be provided to the satisfaction of the Licensing Authority, These shall be at least two such emergency exit.

(b)      Two separate exits shall be provided to every floor or gallery and no stairway shall discharge into a passage or corridor against or across the direction of the exit; provided that the Licensing Authority may accept any other arrangements which are likely to ensure adequate safety.

(c)      Every exit from the auditorium shall provide a clear opening space of not less than 7 feet height and 5 feet wide.

(d)      All doors shall open outwards and there shall be no type of fastening on any door liable to become slipped, dropped or secured during the performance.

If the doors be secured by locks, the lock shall be opened and the key removed during performance.

(e)      The door when opened shall be such as not to obstruct the exit passage way on the outside.

(f)       There shall be no steps in such doorways nor shall any batten, carpet or other object be so placed at or near any doorway as to be likely to cause stumbling.

(g)      No staircase, landing lobby, corridor or passage, not being an internal passage between rows of seats, intended for use as an exit shall be less than 5 feet wide and then shall be no recesses or projection in the walls of such passages, gangways or corridors within 5 feet of the ground.

(h)     The word "Exit" or its vernacular equivalent shall be conspicuously fixed on the auditorium side of each doorway.

Unless the subdued lighting of the auditorium during performances referred to in this Rules is sufficient to make these notices clearly visible, each notice shall be lit by a special light to the satisfaction of the Licensing Authority.

Rule - 31. Seating.

(a)      The seating in the building shall be arranged so that there is free access to exits.

(b)      No part of the auditorium shall provide accommodation exclusive of passages, at a higher scale than 20 persons per 100 square feet.

(c)      All seats in the auditorium excepting those contained in private boxes shall be firmly secured to the floor. Chairs with folding seats shall be provided wherever required by the Licensing Authority.

(d)      In all cases, there shall be a vacant space of atleast one feet between the back of one feet between the back of one seat and the front of the seat immediately behind measured between perpendiculars.

(e)      The distance between the screen and the front row of the seat should not be less than 18 feet.

Rule - 32. Gangways.

(1)     A clear passage of gangway shall be formed at the sides and down the centre of the seating in every part of the auditorium in such manner that no seat shall be or more feet distant from the passage or gangway measured in the line of seating.

The central passage or gangway shall be atleast 4 feet wide and those at the sides shall be atleast 3 feet wide each.

(2)     Where possible, gradients or inclined places shall be used instead of steps but no gradients or inclined plans shall be sleeper than 1 in 10.

Rule - 33. Stairways.

(a)      There shall be at least 2 stairways each not less than 4 feet wide to provide access to any gallery or upper floor in the building which is intended for use by the public.

(b)      All stair cases shall be constructed entirely of bricks, stones, cement, or concrete with fire-resisting roof and ceiling and shall have solid square (as distinguished from spandrill) steps and landings of approved stone of such other fire-resisting materials and construction as may be approved by the Licensing Authority with treads not less than 11" (inches high) and with risers of not more than 6" (inches) high (each lapping atleast) one inch over the back edge of the steps below it) in flights of not more than 15 or less than 3 steps.

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

(d)      A continuous hand rail shall be fitted to each side of stairways.

Rule - 34. Parking arrangements.

(a)      Such arrangements shall be made for the parking of motor cars and other vehicles in the vicinity of the buildings as the Licensing Authority may require.

(b)      No vehicle shall be parked or allowed to stand in such a way as to obstruct exits or impeded the rapid dispersal of the persons accommodated in the building in the event of fire or panic.

Rule - 35. Fire precautions.

(a)      In every license placed shall be kept such number of chemical extinguishers, fire-buckets, hand pumps, blanket and other small fire appliances as the Licensing Authority shall direct. The License shall comply with all directions issued by the Licensing Authority for the purpose of safeguarding the public in case of fire.

(b)      All fire extinguishing appliances shall at all times be maintained in proper working order and available for instant use and all chemical fire-extinguishers shall be capable of withstanding pressure of not less than 250 lbs, per square inch.

(c)      During an exhibition, all fire-extinguishing appliances shall be in-charge of some person or persons specially nominated for this purpose. Such persons need not be employed exclusively looking after the fire appliances but they must not be given any other work during an exhibition which would take them away from the building or otherwise prevent them from being immediately available in case of danger or alarm fire.

(d)      The building shall provided with an efficient lighting conductor.

Rule - 36. Ventilation.

(a)      The premises shall be sufficiently ventilated to the satisfaction of the Licensing Authority. The auditorium shall be thoroughly ventilated between performances.

(b)      Unless the auditorium is air-conditioned the means of ventilation shall take the form of natural ventilation and power driven exhaust fans suitably located and of adequate size for the purposes intended.

(c)      Where natural ventilation is provided by windows or skylights which have to be darkened or obscured free permanent top ventilations shall be arranged by means of ridge or ceiling ventilators. The clear opening of such ventilators shall not be less than 1 square foot for every 10 persons that can be accommodated.

Rule - 37. Cleanliness.

(a)      The premises shall be maintained in a clean condition and the auditorium shall be swept and cleaned between performance.

(b)      Spittoons: -

The cinema hall shall be provided with a sufficient number of spittoons in suitable places for the use of the public. The spittoons shall contain a strong disinfectant and shall be emptied as often as necessary. Notices for using such spittoons shall be displayed in prominent parts of the cinema.

(c)      Sanitary accommodation:-

Urinals and private accommodation on the scale given below for the seating accommodation of the auditorium and the staff shall be provided separately for each sex with a minimum of one urinal place or utensil or every fifty person of each sex and one privy for every hundred persons of each sex for whom seating accommodation is provided. In calculating the number of convenience required under this rule, any number of persons less than 50 shall be reckoned as one hundred and fifty respectively.

Provided that a minimum of one urinal place or utensil and one privy shall be provided for each sex on every premises and there shall be displayed in a conspicuous position a sign or a notice in English and in the vernacular indicating the sex for which the convenience is provided.

Rule - 38. Approved design, latrines, etc.

(i)       the design and description of every sanitary convenience in the premises shall be such as may be approved by the Public Works Department and the Public Health Department and its construction and situation shall be subject to the approval of the Licensing Authority.

(ii)      The site or situation of every sanitary convenience shall be such that no effluvia therefrom can rise within the rooms of the premises.

(iii)     No sanitary convenience shall communicate with any room except through the open air or through an intervening air space.

(iv)    Every sanitary convenience shall be under cover and so partitioned off as to secure privacy and shall have proper door fastenings.

Rule - 39. Enclosure for apparatus.

The cinematograph machine shall be placed in a permanent enclosure. Such enclosure shall be at least 10 feet in height internally from floor to roof. If one machine is to be operated the floor space shall not be less than 63 square feet. If more than one machine is to be operated therein an additional 36 square feet shall be provided for each additional machine. The enclosure containing the cinematograph machine, in these rules referred as "the enclosure" shall be substantially constructed of fire-resisting materials.

Rule - 40. Entrance to the enclosure and means and ventilation.

The entrance to the enclosure shall be through a closely fitting self closing door of fire resisting materials suitably placed and opening outwards and all openings, bushes and points shall be constructed and maintained as to prevent the escape of any smoke into the auditorium. This door shall be kept closed at all time when not used for aggress or egress. Channels of ventilation shall not be allowed to communicate direct with the auditorium. The enclosure in which the machine is being operated shall be provided with an opening or vent flue in its roof or upper part of its side wall leading to the outdoor air. The vent flue shall have a minimum sectional of 50 square inches and shall be fire-proof:

Provided that when the enclosure is so built that it may be constructed to open directly on the outside of a building through a window, such window shall be permitted for the comfort of the operators but such enclosure shall not be exempted from the requirements of the installation of a vent flue (as prescribed above).

Rule - 41. Position of enclosure.

The enclosure shall, unless this requirement is expressly waived in the license be so played as to be outside the main building forming the auditorium and where such auditorium consists of a structure of a temporary or non-permanent.

Character the enclosure shall be at a distance of not less than 3 feet from such structure. A space of 2 feet in width at the sides and in the front of the enclosure and a space of 6 feet at the part in which the door is situated shall respectively be kept clear all round the enclosure. The door shall where possible, be at the back of the enclosure.

Rule - 42. Opening in enclosure.

In the front face of the enclosure there shall not be more than three openings per projector of which the one for each projector beam must not exceed eight inches square. Each shall be protected by a sheet of strong plate glass permanently fixed into the wall of the enclosure. Vertical falling steel shutters shall be fixed on the enclosure side of each of those windows in such a way that they can be instantly released by the operator in case of need. In addition, an automatic thermostatically or electricity controlled releasing device may be fitted but such device shall not prevent emergency hand operation nor the hand operated devices prevent automatic release. Such falling shutters shall also be operable by hand from the outside of the enclosure.

Rule - 43.

No unnecessarily combustible material shall be allowed within the enclosure and all necessary combustible material, films, etc., except a film which is being passed through the lantern, shall be placed in an approved fire-proof box. The latter shall be kept closed at all times except when it is necessary to obtain or replace a film. Films which are being used at an exhibition shall be kept in the enclosure but in no case shall a quantity of a film in excess of 80 lbs. Be kept at one time in such enclosure, any excess being stored until required, in a separate place licensed under Explosive Rules.

Rule - 44. Smoking, Lights, etc.

No smoking materials, matches or naked lights of any kind shall be permitted within the enclosure or rewinding room. Notice to this effect shall be posted conspicuously at every door of these enclosure and rooms. A 'No Admission to the Public' Notice shall also be similarly displayed.

Rule - 45. Enclosure fire precautions in.

Two liquid chemical extinguishers, two buckets of sand, two buckets of water and a blanket shall be kept inside the enclosure. A large sponge shall be kept in one of the buckets of water. One liquid chemical extinguisher shall also be kept immediately outside each door to the enclosure.

Rule - 46. Enclosure, general precautions in.

The management and the cinematograph operators shall take all due precautions for the prevention of accidents and shall abstain from any act whatever which tends to cause fire and is not reasonable necessary for the purposes of the exhibition, no unauthorised person shall be allowed in the enclosure. The enclosure shall be kept clean and a metal bin shall be provided for waste are carbons.

Rule - 47. Cinema machine.

The cinematograph machine shall be place on firm supports of fire-resisting materials.

Rule - 48.

The body of the cinematograph shall either be constructed of metal or lined with metal or lined with metal and asbestos, in which case there must be an air space between the metal and the asbestos lining. The bottom of the cinematograph machine must form a metal tray which shall be surrounded by a vertical edge at least one inch in depth.

Rule - 49.

The cinematograph machine shall be provided with a metal shutter which can be readily inserted between the source of light and the film gate. This shutter shall be immediately dropped in the event of any accident to the cinematograph machine or stoppage of the film and shall only be raised when the film is in motion for the purpose of projection.

Rule - 50.

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

Rule - 51.

Each cinematograph machine shall be fitted with two metal film boxes which shall be of substantial construction and not more than 18" inches in diameter measured internally. The film shall be made to travel from one box to the other. The boxes shall be so constructed as to close in a manner which will prevent the ingress of the spool.

Rule - 52. Spools.

Spools shall be chain or gear driven and films shall be so wound upon spools that the wound film shall not at any time reach or project beyond the edge of the flanges of the spool.

Rule - 53. Film rewinding.

All rewinding of films shall be done in a room apart from the enclosure and auditorium having no opening into the wall communicating to the auditorium, or public passage ways; and the same precautions as laid down for the projectors enclosure shall apply in the rewinding room also. The absolute minimum length of film shall be exposed at any time. The room shall be kept clean and a metal bin with a close fitting lid provided for film cuttings. Electric lights only shall be used in the rewinding room and any lamps in proximity to films shall be enclosed in a stout fitting preventing breakage of the lamp-bulb.

Rule - 54. Electric installation generally.

(I)      The entire electrical installation shall conform to the relevant provisions of the Indian Electricity Act, 1910, and the rules made there under. The layout drawing for the electrical installation work including the switch board shall be subject to prior approval of the Government Electricity Department. No work shall be commenced until the sanction of the Government. No work shall be commenced until the sanction of the Government Electricity Department has been obtained to what is purpose to be done.

(II)     The electrical installation throughout the premises shall be subject to the inspection by an officer of competent jurisdiction of the Department of Electricity under the powers of the Indian Electricity Act. The instructions and directions of the officer in accordance with requirements of the Indian Electricity Act and rules and of these rules and of these rules will be notified in writing to the License or his agent or manager and a copy will be sent by the officer to the Licensing Authority.

Rule - 55. Electric Cables and apparatus.

I here shall be no coils of slack electric cable within the enclosure of rewinding room. The cables in these rooms shall be either in armoured flexible covering or in high grade screwed steel conduit. The course of each such cable shall be readily traced. The necessary pipes and cable shall enter through efficiently bushed openings.

All switchgear, fuses and apparatus shall be covered in totally enclosed iron clad casing in accordance with the standards of the Indian Standards Institution. All such apparatus shall be thoroughly earth bonded in accordance with the Indian Standard Code of practice for electrical wiring and fittings in buildings.

Rule - 56.

The requirements of Rule 55 shall apply to cables and apparatus fitted within the enclosure and rewinding room for electric lighting and also to any cable or apparatus used to supply electrical energy, to the Sound Reproduction Apparatus.

Rule - 57. Voltage limit.

No electric current at a higher pressure than 250 volts shall be used within the enclosure at anytime without the special written sanction of a competent authority of the Department of Electricity.

Rule - 58. Electrical Circuits separation of.

The cables for the cinematograph machine shall be taken as a separate circuit from the source of supply and from the supply side of the main fuse in the general lighting circuit on such premises. Efficient switches and fuses shall be inserted at the point where the supply is taken and in addition; an efficient double pole switch shall be fitted in the cinematograph lamp circuit inside the enclosure.

Rule - 59. Lantern illuminant lighting.

No illuminant other than electric light shall be used in a cinematograph lantern.

Rule - 60. Premises, lighting of.

(a)      The general lighting of the auditorium and exit doorways and passages shall not be controlled from the enclosure, but a duplicate lighting system may be controlled from the enclosure or a system permitted whereby not more than ? (one-third) of the general lighting is controlled from the enclosure, either system to afford sufficient lighting for emergency exit of the audience.

(b)      No fans, heaters or motors may be connected to the lighting circuits. All wall plugs and sockets must be of 3 pin type of approved Home, Office hand shield pattern and able to be plugged in one position only. All metal clad apparatus used on the socket must be earth bended. The system of wiring employed shall be in accordance with the Indian Standard Code of practice for electrical wiring and fittings in buildings.

(c)      Every circuit in the premises shall be identified by its Description and Number and each Distribution Box shall contain; affixed within its cover, an identification card by description and number so permitting instant identification in emergency.

(d)      An emergency lighting system consisting of cloze oil lamps may be approved, provided such lamps are always kept trimmed and burning during the whole of any performance and afford sufficient illumination in the opinion of the competent authority of the Department of Electricity. Each attendant shall carry an efficient electric torch or lamp.

Rule - 61. Resistances.

Resistance frames shall be made entirely of fire-resisting material and shall be so constructed and maintained that no coil or other part shall at any time become unduly heated. All resistances with the exception of resistances for "effect" (dimming) purposes, or the resistance for the regulation of the Motor Generator set for the Control of the supply to the Projector Arc, if that resistance be of parallel type shall be placed outside the enclosure and if inside the auditorium they shall be adequately projected by a wire guard or other efficient means against accidental contact. They shall not be permitted to become so heated that a piece of dry newspaper placed in contact with any part of the resistance would ignite. The operator shall satisfy himself before the commencement of each performance that all cables, leads, connections and resistances are in proper order. The resistances, if not under constant observation, shall be inspected at least once during each performance. If any fault is detected current shall be immediately switched off and shall remain switched off until the fault has been remedied.

Rule - 62. Operator.

Not less than three, where double machine is installed and not less than two, in case of signal projector operators shall be engaged in manipulating the projectors and one apprentice may be engaged for each machine. I shall be the duty of one of the operators to take charge of the films after they have pass over through the lantern. Each operator shall possess a certificates granted by an officer of the Department of Electricity not below the rank of an Inspector. Such certificate shall issued on payment of a fee of Rs. 20 and shall be valid for one year unless sooner revoked.

Provided than an application for the renewal of an operator's certificate shall be made at least one month before the date of the expiry of the old one, failing which a penalty of Rs. 5 for each month of default shall be leviable in addition to the annual renewal fee of Rs. 10.

An operator shall not be granted a certificate unless:-

I.         he possesses a minimum general education up to class VIII standard and has completed two years apprentice training in operation of Projector machine.

II.       he is thoroughly conversant with the municipal bye-laws and other rules relating to cinematograph exhibitions and precautions against fire;

III.     he is acquainted with the most speedy and effectively method of dealing with fire;

IV.      he possesses a fair knowledge of the elements of electric power, direct and alternating current, voltage, amperage, etc., and in the case of muffasi operators, a working knowledge of petrol and bill engines if such engines are over used for exhibition;

V.        he is proficient in the handling, winding, repairing and efficient cleaning of films and

VI.      the certificates shall bear, affixed upon it, a certified photograph of the holder.

PART III

RULES FOR THE LICENSING OF TEMPORARY AND TOURING CINEMAS

Rule - 63.

The Cinematograph apparatus shall have been certified to be useable without danger by a competent authority of the Department of Electricity within a year of the date on which the exhibition is given to the public.

Rule - 64.

The Licensing Authority may refuse a licence, or stop the operation of the licence, for a temporary or touring cinema if in its opinion any portion of the building or structure is in dangerous proximity to any other building.

Rule - 65.

The Licensing Authority may require an applicant for a temporary indoor cinema to furnish such plans of the premises and such specification as it may consider necessary.

Rule - 66.

In the case of exhibition given intent or both or in any shelter or structure composed of, or covered with combustible materials or of a movable character, the cinematograph apparatus shall be operated from outside such tent, both, shelter or structure and shall be placed at a distance of at least six feet therefrom.

Rule - 67.

The auditorium shall be provided with a sufficient number of exits suitably placed and designed to permit safe exit in case of alarm to the satisfaction of the Licensing Authority, such exits shall be at a sufficient distance from the location of the projector and allied apparatus, to allow exit without passing near the projector.

A clear passage or gangway shall be kept to all such exits. No apparatus, chairs, forms, cables or other obstacles shall be placed in such passage or gangway.

Such requirements of Rule 30 as the Licensing Authority may require shall apply to premises used for occasional exhibitions.

Rule - 68.

Without prejudice to the generally of the foregoing rules, no tent, booth or similar structure shall be used for the purpose of a cinematograph exhibition if it is enclosed by a wall or walls which do not permit of adequate means of egress and which are erected within 30º (feet) of such tent, booth or similar structure.

Rule - 69.

(a)      The occupier of the premises on which the performance is to be given shall be responsible for the observance of the requirements in Rules 5 [except clauses (b) and (c) of sub-rule III], 20 and 21 in Part I of these Rules.

(b)      The provisions of the rules in Part II of these Rules shall apply mutalis mutandis to licences for temporary and touring cinemas.

Rule - 70.

These Rules shall be conditions of every licence and every licence shall also be issued subject to the following conditions regarding apparatus and its operation being observed.

CONDITIONS

A.        (1) The projector and the illuminant shall be entirely closed in a casing of fire resisting material except for such openings as are necessary for effective manipulation and ventilation.

(2) Any electrpic wiring or terminals fitted within the casing shall be so placed that it shall be impossible for films in user in the projector to come in contact with them.

(3) Each electric circuit on the projector shall be fitted with a separate switch controlled from outside the casing, and so placed as to be within reach of the operator when standing at the projector.

(4) The heat of the illuminant, and its position in relation to the optical system, shall be such that it is impossible for the rays of light to ignite a stationary film.

This requirements will be considered as met if a film stationary in the film-gate fails to ignite within a period of three minutes.

B.        (1) The projectors shall be fitted with film boxes of fire-resisting material, which shall be made to close in such a manner and shall be fitted with film-slots so constructed as to prevent the passage of flame to the interior of the box.

(2) The film-boxes fitted to the projector shall be so constructed as to be easily detachable from the apparatus.

(3) All films shall be contained in film-boxes, which shall be attachable to or removable from the projector without being opened, so that at no time shall a film be exposed except the portion necessary for threading up.

(4) During an exhibition, not more than three film boxes (including the two actually attached to the projector) shall be in the enclosure or reserved space as the case may be, any one time. If further film-boxes are required they shall be kept in closed metal boxes outside the enclosure or reserved space as the case may be and if in the building, in a place approved by the Licensing Authority and subject to the prescribed requirements as to limitations of quantity and weight.

C.        (1) All Electric conductors shall be of adequate size for the current they have to carry and shall be efficiency covered with insulating material and shall be either (I) place out of reach of persons in the auditorium and where they are not liable to damage or (II) protected against injury by suitable casings.

(2) Resistance shall be made entirely of fire resisting materials and shall be so constructed and maintained that no coil or other part at any time shall become unduly heated. If inside the auditorium, they shall be adequately projected by a wire guard of other efficient mean or preventing accidental contact, and shall not be placed within reach of persons in the audience.

(3) The operator shall satisfy himself before the commencement of each performance that all cables leads, connection, resistances and fuses are in proper working order. The resistances, if not under constant observation, shall be inspected at least once during each performance. If any fault is detected, current shall be immediately switched off, and shall remain switched off until the fault has been remedied.

(4) The projector circuit shall be independently protected by double-pole switch and fuses properly enclosed and placed near the source of supply or the point of connection with the general lighting supply, as the case may be. Provided that, where the current does not exceed five amperes and the connection of the projector circuit to the general lighting supply is made by means of a connector as described in paragraph (5) below, such a connector tray be used in substitution for a double-pole switch.

(5) Where the projector circuit is connected to the general lighting supply, it shall be connected only at a point where the wires of the general lighting supply are of ample for the current they may have to carry and the connection shall be either by (a) securely made joints or connection or (b) a properly constructed wall type connector of hand shield type. It shall not be connected to any lighting fitting or by means of an adaptor to a lamp.

D.        Rewinding of Films:-

No rewinding of films shall be done within the enclosure or reserved space as the case may be not in any rooms or space to which the public have access or in which any illumination other than electric light in enclosed bulbs is employed. Smoking in the vicinity when rewinding is prohibited.

E.        Emergency Lighting -

An efficient portable electric battery or torch with an efficiently protected bulb shall be available in the reserved space and in the enclosure and the rewinding room or space throughout the performance and previous to subsequent film winding or rewinding process.

Such other lighting as the Licensing Authority may require shall be provided for the safe exit in emergency of the audience in addition to the normal lighting system installed in the premises.

F.        Location of Projector and Allied Apparatus

(1)     No portable apparatus shall be so placed in any auditorium or communicating passage way as to interfere with entrance and exit of the audience no so that any ignition of film might prevent safe exit.

(2)     The projector shall be placed on a firm support Amateur Standard Apparatus. No projector other than an Amateur size projector shall be used on any premises within the auditorium unless provided with either a permanent or temporary enclosure.

(3)     (i) Reserved Space -

If such an amateur size projector be worked without an enclosure, it shall be situated within a space known as the "Reserved Space" into which no person other than the operators shall be allowed during an exhibition. This space shall be ample for the operators and the necessary apparatus and safety utensils.

(ii) Fire precautions in reserved space with Amateur Standard Projector.-

One bucket of sand, one bucket of water and a blanket shall be kept within the reserved space.

A large sponge shall be kept in the bucket of water. No naked light or any light other than an efficiently protected electric bulb light, no matches or smoking materials shall be within the reserved space.

(4)     Full sixed apparatus: -

Such apparatus -

Usually 36 M/M width or cover -

shall, if placed within the auditorium or in any portion of the premises or where persons other than the operators resort during performances, only be used within the approved type of permanent enclosure for permanent cinemas or within the temporary enclosure of condition G. below.

Provided that the operation of full sized apparatus shall not be permissible from a verandah of a building under the following conditions:-

(i)       The verandah be of fire-resisting material in any part within ten feet of the apparatus.

(ii)      No persons other than the operators are allowed on the verandah within ten feet of the apparatus. The area so formed shall be a reserved space.

(iii)     The doorway, window or other aperture through which the beam of light is projected be securely closed throughout the exhibition with a fire-resisting screen in which shall be not more than two orifices for the operation of the apparatus. Such orifices shall not be large than 8" to 8", and each shall be provided with a stout sheet of glass further protected by a falling shutter of fire-resisting material in such; way that each can be instantly released by the operator in case of need.

(iv)    Any other doorway, window or aperture within ten feet of the apparatus be entirely blocked with a fire-resisting screen in which there shall be no openings of any description.

(v)      If a doorway are blocked under the provisions of sub-clauses (iii) and (iv) above, there shall be available other doorways in sufficient number and so placed as to ensure ready entrance and exit of the audience from the auditorium.

(vi)    Fire precautions at the projector:-

No drapery and no unprotected combustible materials other than such materials as may compose the floor shall be within ten feet of the cinematograph; nor shall naked lights, matches or smoking utensils or tobacco be taken within the reserved space of (ii) above. Two chemical fire extinguishers, two buckets of water, one of which shall contain a large sponge and a blanket shall be kept at the projector.

G.        Temporary Enclosure: -

The requirements for a temporary enclosure are as follows:-

(1)     Construction: -

A smoke proof box constructed of sheet iron or steel on a substantial frame work and securely fastened together. The internal height from floor to roof shall be at least 8 feet. If one machine is to be operated the floor space shall not be less than 48 square feet. If more than one machine is to be operated therein an additional 24 square feet shall be provided for each additional 24 square feet shall be provided for each additional machine. The enclosure shall be otherwise itself conform in every other respect to a permanent enclosure:

Provided that, if the temporary enclosure be kept in "Situ" or stored on the premises and does not travel with a portable apparatus thereby avoiding risk of breakage, such enclosure, may be asbestos sheeting or other approved type of fire-resisting frame work.

(2)     Electrical and other accessory apparatus:-

All apparatus situated therein shall similarly conform to that in a permanent enclosure, subject to such apparatus being of a portable and not of a permanent fixed nature.

(3)     General Working: -

The requirements regarding care in working, Fire-fighting appliances, prohibition of inflammable materials, lights, matches, smoking utensils, film rewinding and admission of the public prescribed for permanent enclosure in permanent, cinemas shall apply to temporary enclosure for occasional exhibitions.

Rule - 71.

The license of touring cinemas may shift the venue of the exhibition from place to place after giving due intimation of his programme and itinerary in advance to the Licensing Authority provided that all the rules and safety requirements are duly observed.

Rule - 72.

Where the shows are held by the manager of industrial concerns for the benefit of labour in industrial areas or by academic or cultural institutions the rates of admission shall be nominal and such shows shall not be utilised by the Licensed for making profit.

PART IV

Rule - 73. Revocation or suspension of License.

(1)     The Licensing Authority may at its discretion revoke or suspends the license granted to any cinema within its jurisdiction if it is satisfied:-

(a)      that the license was obtained through fraud or misrepresentation; or

(b)      that the License has committed a breach of any of the provisions of the Act or the rules made there under or any conditions or restriction contained in the License or of any direction issued under sub-section (2) of Section 5 of the Act; or

(c)      that the building and installation are not maintained in proper order; or

(d)      that the cinema is used or conducted in a manner prejudicial to the public interest.

(2)     Appeal under Section 9 of the Act:-

Where the order suspending, cancelling or revoking a license older the proceeding of clause has been passed by a Licensing Authority any person aggrieved by the order may, within the period of prescribed under Section 9 of the Act prefer an appeal on payment of fees of Rs. 40 and Rs. 3 for each of Licenses respectively to the State Government which may pass such order as it thinks fit. The order of the State Government shall be final.

Rule - 74.

Exemption for existing cinema house. The Licensing Authority may in individual cases exempt any permanent cinema house which has been in existence before the commencement of these Rules from any provision of these Rules which he may find after due enquiry, to be not practicable to be complied with.

 



[1] As per provision of sub-section (2) of Section f1 of the Meghalaya Adaptation of Laws and Order (No. 03) 1973.

[2] The Assam Cinemas (Regulation) Act, 1953, as adapted by the Meghalaya Adaptation of Laws and Orders (No. 03) of 1973.

[3] Amended Vide Meghalaya Cinema (Regulation) Amendment) Rules 1987.

[4] Inserted vide Meghalaya Cinema (Regulation) (Amendment) Rule 1987.

[5] Vide notification No. GEN. 13/62/72, dated 1st September, 1969.

[6] Amended vide Meghalaya Cinema (Regulation) (Amendment) Rule. 1990.

[7] Amended vide Meghalaya Cinema (Regulation) (Amendment) Rules 1999.

[8] Amended vide Meghalaya Cinema (Regulation) (Amendment) Rules, 1980.

[9] Amended vide Meghalaya Cinema (Regulation) (Amendment) Rule. 1990.

[10] Amended vide Meghalaya Cinema (Regulation) (Amendment) Rule. 1990.

[11] Amended vide Meghalaya Cinema (Regulation) (Amendment) Rule. 1990.

[12] Amended vide Meghalaya Cinema (Regulation) (Amendment) Rules 1999.

[13] Deleted vide Notification No. GA-196/79/3, dated 24th March 1980.

[14] Amended vide Notification No.GCN.13/62/15, dated 17th December 1962.