UTTAR PRADESH CINEMAS (REGULATION OF EXHIBITION BY MEANS OF VIDEO) RULES, 1988

UTTAR PRADESH CINEMAS (REGULATION OF EXHIBITION BY MEANS OF VIDEO) RULES, 1988[1]

PREAMBLE

In exercise of the powers under Section 13 of the Uttar Pradesh Cinemas (Regulation) Act, 1955 (U.P. Act No. 3 of 1956), the Governor is pleased to make the following rules :

CHAPTER I PRELIMINARY

Rule - 1. Short title, application and commencement.

(1)     There rules may be called the Uttar Pradesh Cinemas (Regulation of Exhibition by means of Video) Rules, 1988.

(2)     They shall apply to Video libraries and to exhibitions by means of Video in a permanent building with seating capacity not exceeding 125 and such exhibition in all temporary building.

(3)     They shall come into force with effect from September 1, 1988.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires

(a)      'Act' means the Uttar Pradesh Cinemas (Regulation) Act, 1955 ;

(b)      'Licence' means a written authorisation by the Licensing Authority to give exhibition by means of video or to operate or keep a Video Library granted in Form II or Form III or Form IV, as the case may be, appended to these rules ;

(c)      'Licensee' means a person who has been granted a licence and includes his agent appointed for the purpose under a power of attorney and whose appointment has been intimated in writing to the Licensing Authority ;

(d)      'Licensing Authority' means the officer specified or authorised under Section 4 of the Act;

(e)      'Permanent building' means a building which is constructed, for permanent use, with stone, mud, brick, mortar, cement or other non-inflammable material;

(f)       'Public service vehicle' has the meaning assigned to it in the Motor Vehicles Act, 1939;

(g)      'temporary building' means a building which is not a 'permanent building and includes a booth, tent or a similar structure ;

(h)     Travelling Video Cinema' means a video cinema which gives exhibition by means of video in a temporary building ;

(i)       'Video Cinema' means entire place licensed for exhibition by means of video in a permanent building and includes appurtenances, plants and apparatus located therein;

(j)       Words and expressions used in these rules but not defined hereunder shall have the meaning assigned to them in the Act;

[2]["(k) 'Hotel' means and establishment which provides facility of lodging and boarding on payment basis ;

(l)    Local area shall have meaning assigned to it in the Uttar Pradesh Entertainments and Betting Tax Act, 1979].

Rule - 3. Restrictions on the grant of licence.

No person shall be granted licence unless the licensing authority is satisfied that the provisions of the Act and these rules have been complied with.

CHAPTER II REQUIREMENTS OF A PERMANENT BUILDING, SEATING ETC. FOR A VIDEO CINEMA

Rule - 4. Requirement of a permanent building.

(1)     There shall be an independent entrance on the public thoroughfare on which the site of such building abuts.

(2)     The building shall be provided with open space of not less than 3 metres in width on any two sides, and open space of not less than 6 metres in width in the front for parking of vehicles. If the building is away from thoroughfare, the approach road shall not be less than 3 metres in width.

(3)     The building

(i)       shall be well built, structurally safe and constructed of non-inflammable material;

(ii)      shall be sufficiently ventilated ;

(iii)     shall have 1.6 metres wide verandah on anyone side of the doorways of the building;

(iv)    shall have at least one doorway per 50 seats and in any case not less than two, fitted with door to open outwards and the size of the doors shall not be less than 1.95 metres in height and 1.34 metres in width ;

(v)      shall have the normal height of the roof or its immediate covering from the floor shall not be less than 3.5 metres with electric installations fitted at a height of 2.75 metres;

(vi)    shall have the landings, doors, staircases, lobbies and corridors of not less than 1.34 metres in width.

[3]['(4) In case the auditorial is constructed on the first floor of a building, it shall have 1.6 metres wide varandah on any two sides with at least two stair cases to ground floor on two different sides, out of which one should about the main thoroughfare. The width of the stair case shall not be less than 1.34 metres with 16 cms. riser and 25 cms. tread and there shall not be less than three and not more than 15 stairs at a stretch. The open space required under sub-rule (2) shall, be provided on ground floor. The other requirements shall be the same as in the preceding sub-rules :

Provided that the consent of the occupier of the ground floor for the construction, if any, shall be obtained in case the auditorium is constructed on the first floor].

Rule - 5. Seating.

(1)     The seats shall be firmly arranged and secured for public convenience.

(2)     The number of persons to be admitted into the auditorium shall be determined by calculating at the rate of 20 persons per 9 square metres of floor area.

For the purposes of this sub-rule, floor area shall not include the area for entrances, passages, gangways, stage and all places to which the public are not admitted.

(3)     The Licensing Authority shall determine the maximum number of seats for each class separately and the same shall be specified in the licence and also prominently displayed near the entrance door of each class.

(4)     Every seat shall be of 0.45 metre x 0.45 metre and shall have back support and arm-rests. It shall be battened together in complete lengths. The seating shall be properly arranged so as to leave free access to the exits.

(5)     There shall be an intervening space of at least 36 cms. between the back of one seat and front of the seat immediately behind, measured perpendicularly.

(6)     There shall be a passage of 80 cms. in width parallel to rows for every ten rows of seating accommodation.

(7)     There shall be at least one ganway. The gangway shall not be less than 0.90 metre in width and shall be so arranged that no seat shall be more than 10 seats away from the gangway.

(8)     The distance between the video screen and the first row of seats shall not be less than two metres and no person shall be admitted with such space.

(9)     The seats shall not exceed the number specified below :

Rule - 6. Ventilation.

(1)     Except in the case of air-conditioned auditorium, at least one exhaust fan of 0.45 m. size shall be provided. The exhaust fan shall always be kept working during the performance of the show.

(2)     One ceiling fan of at least 120 m. (56") size shall be provided for every 25 seats or less.

(3)     Except in the case of air-conditioned auditorium, there shall be opening 929 sq. cm. for every ten persons for natural ventilation purposes to ensure a balanced air supply.

Rule - 7. Sanitation.

(1)     At least two W.C. and three urinals shall be provided, out of which one W.C. and one urinal shall be for exclusive use of ladies.

(2)     The latrines and urinals shall be cleaned and flushed immediately before and after each exhibition and disinfectants be used daily.

(3)     The entire premises including the auditorium of the cinema shall be lime washed or distempered and all iron and wood works be painted or varnished as the case may be at least once every year. The premises shall at all times be kept clean and free from dirt.

Rule - 8. Arrangement for drinking water.

Drinking water shall be provided in such manner and in such quantity as may be determined by the Licensing Authority.

Rule - 9. Electric installation.

(1)     There shall be a separate circuit controlled by a suitable linked switch for the supply of electricity to the video. The arrangement of emergency light such as torches etc. shall be made available to meet requirements in the event of power failure.

(2)     Three pin plugs with the third pin effectively connected to earth shall be used.

(3)     Separate circuits shall be provided for lights, fans and other equipments.

(4)     An automatic voltage regulator or establisher which can provide an output of 230 volts shall be installed with the video equipment.

(5)     A dim light by means of a bulb having power not below 25 watts and not more than 40 watts shall be kept lighted during exhibition.

(6)     All the cables and wires used shall be of I.S.I. grade and the wiring shall pass through conduct pipes only.

(7)     All electrical installations and other allied work shall be carried out by licensed/registered contractor approval by the Electrical Inspector to U.P. Government.

CHAPTER III LICENCE

Rule - 10. Application for licence for exhibition by means of video.

[4][(1) The application for licence for giving exhibition by means of video shall be submitted in Form No. 1 to the licensing authority along with the documents mentioned in sub-rule (2), (3) or (4) as the case may be.

(2)   In the case of permanent building other than a hotel the application shall be accompanied with the following documents

(i)       A site plan in duplicate showing location of the premises in relation to adjacent premises within a radius of 100 metres and public thoroughfare on which the building abults including the place, marked' for parking of vehicles drawn on the scale one inch is equal to 10 metres.

(ii)      A building plan in duplicate including longitudinal and latitudinal sections and seating plan containing therein the arrangements of seats in each class including gangway and places left open drawn on the scale one inch is equal to five metres.

(iii)     Photostat copy of licence obtained for the commercial use of video or television under the Indian Telegraph Act, 1885 (Act 13 of 1885).

(iv)    Documents showing the ownership or tenancy of the place, building and the apparatus or the vehicle.

(3)   In the case of a temporary building and a hotel, the application shall be accompanied with the documents referred to in clauses (iii) and (iv) of sub-rule (2).

(4)   In the case of public service vehicle the application shall be accompanied with the documents referred to in clause (iv) of sub-rule (2) and a photostat copy of documents of its registration under Motor Vehicles Act and fitness certificate of the vehicle denoting there in the route, if any, of operation of the said vehicle.

Rule - 11. Other conditions for grant of licence.

(1)     Licence shall not be granted for a video cinemas if it is situated :

(i)       within the limits of a local area already having a cinema in a permanent building or where the same is under construction;

(ii)      within the radius of 500 metres of the outer limits of a local area with population exceeding 5 lakhs and having a cinema in a permanent building ;

(iii)     within the radius of 1000 metres of the outer limits of a local area with population exceeding 50,000 but not exceeding 5 lakhs and having a cinema in a permanent building;

(iv)    within the radius of 1500 metres of the outer limits of a local area with population up to 50,000 and having a cinema in a permanent building ;

(v)      within 500 metres of another video cinema ;

(vi)    in a restaurant or any other establishment, by whatever name called, engaged in serving or catering meals, snacks, hot or cold drinks etc.

(2)     A travelling video cinema shall not be licensed within the radius of 2 kms. of a cinema in a permanent building.

Explanation. For the purposes of this rule, the population of the latest census of which the relevant figures have been published shall be taken into account while granting licence.]

Rule - 12. Grant of licence.

(1)     The licensing authority may on receipt of an application under Rule 10 and after having satisfied that all the requirements have been fulfilled grant licence to the applicant in Form II or Form III, as the case may be appended to these rules.

(2)     The licensing authority shall while granting or renewing the licence in case of video cinema in Form II shall fix the maximum number of seats class-wise the number of ceiling or bracket fans, the number of exhaust fans, description and number of fire fighting appliance and number of latrines and urinals, as required under these rules.

(3)     Every licence granted under rule shall be subject to terms and conditions imposed under sub-section (2) of Section 5 of the Act or directions issued under sub-section (4) of the said section.

Rule - 13. Relaxation in respect of existing permanent building.

[5][(1) Any person already holding exhibitions by means of video in a permanent building before the date on commencement of these Rules, may be granted relaxation by the licensing authority from any of the provisions of Rule 4 in the licensing authority is satisfied that the public safety, security and convenience is not jeopardised by such relaxation.

(2)   The State Government may grant relaxation from any of the provisions of Rule 4 in respect of all other cases to which sub-rule (1) does not apply, if the State Government is satisfied that the public safety, security and convenience is not jeopardised by such relaxation.

Rule - 14. Power to refuse licence.

The licensing authority may for reasons to be recorded in writing refuse a licence, if he is satisfied that the exhibition by means of video in a video cinema or hotel or a public service vehicle is likely to cause obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passers-by in the vicinity of the place of exhibition.

Rule - 15. Validity of licence.

(1)     Except in the case of travelling video cinema a licence for exhibition by means of video may be granted or renewed by he licensing authority for a period not exceeding three years at a time.

(2)     A licence to a travelling video cinema for a particular place shall initially be granted for a period not exceeding six months which may be extended for a further period not exceeding six months.

Rule - 16. Renewal of licence.

The licensing authority may, on application being made to it, renew the licence. An application for renewal of licence, shall in the case of a travelling video cinema be made within fifteen days before the date of expiry of the licence and in any other case within one month of the said date. The application for renewal of licence shall not be taken into consideration if it is not accompanied by the fees prescribed under Rule 16,

Rule - 17. Fees.

[6][(1) The fee for grant or renewal of licence shall be as follows :

(2)   In case there is any such arrangement where exhibition is given by means of video on a number of different television screens, video screen of video, scopes, an additional licence fee of Rs. 50 per year or part thereof, shall be levied for each such screen, fed by the said apparatus, by whatsoever name it may be called.]

 CHAPTER IV VIDEO LIBRARY

Rule - 18. Licence for video library.

(1)     Every application for licence or for renewal thereof for keeping a video library shall be made to the Licensing Authority with full details of the place to be licensed.

[7][(2) The licensing authority may grant or new the licence for keeping a Video Library in a local area having population mentioned in Column 1, below on payment of annual fee at the rates specified in Column 2 below :

(3)   The licence shall be granted in From IV appended to these rules.

(4)   Any person who keeps a video library shall be liable to produce documents when demanded by any officer authorised by the State Government in this behalf including the letter of consent from the person who is the first owner of the copyright of the film under Section 17 of the Copyright Act, 1957 (Act No. 14 of 1957) and in case such copyright is assigned under Section 18 of the said Act, from the assignee of such copyright.

(5)   No person who has been granted licence for keeping video library shall sell store, let on hire, distribute, exchange or put into circulation in any manner whatsoever any video cassette of moving pictures other than those containing moving pictures which have been certified as suitable for public exhibition by the authority constituted under Section 3 of the Cinematograph Act, 1952 (Act No. 37 of 1952) which when exhibited display the prescribed mark of that authority and the same has not been altered or tempered within in any way, since such mark was affixed thereto.

(6)   A register with full up-to-date record of all the video casettes of moving pictures shall be maintained by the licensee.

[8][(7) No person who has been granted licence for keeping a video library shall sell/let or hire to and distribute or exchange with in any manner whatsoever any video cassette of moving pictures to any person other than a licence authorised to give exhibition by means of video or to a person obtaining it for home viewing. A certificate to this effect shall be appended by the licensee against every transaction of the above nature and a suitable endorsement shall be made on every cash/credit memo pertaining to such transaction.]

CHAPTER V GENERAL

Rule - 19. Licensee or his nominee to be present.

The licensee of a video cinema or the manger or managers thereof whose name or names have been entered in the licence shall be present at the video cinema during the period the video cinema premises are open to the public.

Rule - 20. Display of licence.

The licensee shall display his licence at any conspicuous place where exhibitions by means of video is held or in the premises of the video library, as the case may be.

Rule - 21. Provision for fire extinguisher etc.

[9][The portable fire extinguisher of BCF 2 kg. capacity and one of soda Acid of 9 litres capacity one buckets (9 litres) filled with sand and four buckets (9 litres) filled with water shall be provided in the premises of a video cinema and a travelling video cinema."]

Rule - 22. Compounding of offences.

(1)     Any person who is liable to be prosecuted under these rules or the Act may at any time either before or after institution of the prosecution submit an application with full particulars of the offence to be compounded to the licensing authority.

(2)     On receipt of the application under sub-rule (1), the licensing authority may call for the records of the case from the inspecting officer and if he deems fit, pass an order for compounding of such offence on realisation of such composition fees as the licensing authority may deem fit but not exceeding the maximum amount of fine for the offence.

(3)     Where any such offence is compounded, the licensing authority shall send a copy of his order informing the court concerned that the offence has been compounded and the composition fee has been realised.

(4)     The composition fee shall be deposited into the Government account under the head "0045other Taxes and Duties on Commodities and Services Cinema Licence Fee" in the same manner as licence fee is deposited.

(5)     The offence shall stand compounded only after the composition fee has been deposited in the Government account.

Rule - 23. Procedure for appeal.

(1)     An appeal under sub-section (3) of Section 5 or sub-section (4) of Section 7 of the Act may be preferred to the State Government within 30 days from the date of service of the order.

(2)     A copy of the ground of appeal along with its enclosures shall also be supplied simultaneously to the officer against whose order the appeal is preferred, who shall supply necessary records and such other information to the Government as may be required along with his comments.

(3)     The State Government may grant temporary state subject to such conditions as it may deem fit, and send a copy of its order to the Entertainment Tax Commissioner as well as to the District Magistrate concerned.

Rule - 24. Inspection.

[10][The following officers may at any time enter into and inspect the premises a of video cinema, Video Library, hotel or the Vehicle licensed under these rules for ensuring compliance of the rules:

(i)       Commissioner, Deputy Commissioner, Assistant Commissioner, District Entertainment Tax Officer and Inspector of the Entertainment and Betting Tax Department.

(ii)      Deputy Director (Entrainment Tax) Revenue and Intelligence Directorate, Uttar Pradesh.

(iii)     Not exceeding two police offices not below the rank of sub-Inspector deputed by the licensing authority in consultation with the Superintendent of Police.

(iv)    Not exceeding two Magistrates nominated by the licensing authority.

(v)      Electrical Inspector to the Government, and

(vi)    Senior most professional officer of the U.P. fire service of the district

Rule - 25. Screening of authorised cassettes.

(i)       The licensee of a video cinema shall exhibit only those cassettes which have been certified as suitable for public exhibition by an authority constituted under Section 3 of Cinematograph Act, 1952 (Act No. 37 of 1952) and granted certificates in Form IV-A, V-A and VI-A under Cinematograph (Certification) Rules, 1983.

(ii)      The licensee of a video cinema shall submit to the licensing authority previous information of every film proposed to be exhibited together with its synopsis consent from the person who is the first owner of the copyright under Section 17 of the Copyright Act, 1957 (Act No 14 of 1957) and in case such copyright is assigned under Section 18 of the said Act No. 14 of 1957 from the assignee of such copyright at least 18 hours before the proposed exhibition.

(iii)     A copy of the synopsis and information required above shall be kept at the cinema also and produced for inspection when demanded by the officers authorised for inspection.