(1) This Act may be called the Assam Mobile Theatre ( Regulation and Artists’ Welfare Fund) Act, 2010.
(2) It extends to the whole of Assam including the hills Districts.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas.
Definitions 2. In this Act, unless there is anything repugnant to the subject or context,-
(a) “Artists” means any actor, singer, painter, musician, dancer, choreographer, costume designer, dramatist, script writer and other technical and non technical staff of the Mobile Theatre who are directly involved in the live performance or facilitate the live performance by the Mobile Theatre which term shall also include the directors in different performing areas or branches of the Mobile Theatre ;
(b) “Committee” means the Artists’ Welfare Fund Committee constituted under section 13 ;
(c) “Director” means the Director of Cultural Affairs, Assam ;
(d) “equipment” means electrical items for lighting, generator seit, sound system, musical instruments, laser instruments, projector and other items having mechanical process involved in i t ;
(e) “existing Mobile Theatre” means a Mobile Theatre which is in existence and has been engaged in making live dramatic and cultural performance in the State of Assam on the date of coming into force of this A c t;
(f) “Fund” means the Artists’ Welfare Fund constituted under section 11 ;
(g) “Government” means the Government of Assam in the Cultural Affairs Department;
(h) “infrastructure” means the stages, settings, pandel, tents, sheds, screens, chairs, gallery and other items which are essential for live performance by a Mobile Theatre ;
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(i) “Mobile Theatre” means a theatre group engaged in the business of live ** dramatic and other cultural performances in the State of Assam in consideration of monetary payment to them, performing such activities in different places on a temporary basis, having at least two stages with light and sound system erected temporarii. inside a temporary pandel with sitting arrangement for audience in front of the stages, having adequate number of artists and other staff, both technical and non technical, either casual or regular, in its pay roll and having fixed land and property for the use by the Mobile Theatre in the name of the Mobile Theatre or the producer as the case may be, and the words “Mobile Theatre Groups” shall be construed accordingly;
(j) “prescribed” means prescribed by rules made under this A ct;
(k) “producer” means any person, group of persons, body or firm who produces, establishes, runs,- operates, or sets up a Mobile Theatre and is solely responsible for its finance, maintenance, management and payment to the artists and other staff including other ancillary matters connected with the running of the Mobile Theatre group concerned;
(l) “Registered Mobile Theatre” means a Mobile Theatre group registered under section 3;
(m) “section” means a section of this A ct;
(n) “year” means the year commencing on the first day of April of a year ending with the 31st day of March of the succeeding year.
Registration of 3.(1) No person shall carry on the business of Mobile Theatre Mobile Theatre in the State of Assam including the Hills Districts without being Regis tered as a Mobile Theatre Group or renewal thereof, before the Director under the provisions of this Act.
(2) Every person desirous of setting up of a new Mobile Theatre shall make an application in such form and accompanied by such fee as may be prescribed, before the Director for obtaining a provisional registration of the Theatre Group on furnishing of an undertaking in the prescribed form to fulfill all the requirements under section 6 and to complete the setting up of the Mobile Theatre within a period of two months from the date of such undertaking. The application shall accompany the documents relating to the land and property available in the name of the producer or the Mobile Theatre Group as the case may be, a plan and estimate for one year in respect of establishment and running of the proposed Mobile Theatre showing the recurring and non-recurring expenditure involved for the purpose, and a Bank Guarantee to prove the financial soundness of the proprietor or the Theatre Group as the case may be, depending upon which, the Director shall issues a provisional registration certificate with the condition that the proprietor or the Theatre Group shall be required to complete the setting up of the Mobile Theatre with all required infrastructure, equipment, artists and other staff within the stipulated period of two months and on such completion, the provisional registration shall be made final for the concerned year after following the procedure as provided under section 4. In the event of failure on the part of the proprietor or the Mobile Theatre group to complete the requirements within the stipulated period, the provisional registration shall automatically stand cancelled after the expiry of two months from the date of signing of the undertaking and the concerned proprietor or the Mobile Theatre group shall not be entitled to carry on the business of the proposed Mobile Theatre.
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(3) The exL ups who do not already possess the requirements as ; ed under section 6, shall also apply before the Director for provisional registration in the same manner as stipulated under sub-section (2) within thirty days from the date of commencement of this Act and on fulfillment of all the requirements under section 6 they shall be finally registered by the Director as a Mobile Theatre group after completing necessary formalities under this Act. In the event of failure by the existing Theatre groups to fulfil all the requirements under section 6, the existing Theatre groups shall not be entitled to carry on the business of Mobile Theatre any further.
(4) The existing Mobile Theatre groups already possessing all the requirements under section 6 and having all the infrastructure equipments, requisite number of artists and other staff as required under this Act shall make an application on the prescribed form accompanied by such fees as may be prescribed before the Director within thirty days from the date of coming into force of this Act. The application shall also accompany the documents relating to land and property, infrastructure, equipments, artists and other staff for getting the Mobile Theatre registered and obtaining a final registration certificate in their favour to run the Mobile Theatre. On receipt of such application, the Director shall cause an enquiry to be made by the concerned Officer-in-Charge of the Cultural Centres of the respective District within thirty days from the date of receipt of the application by the Director. The concerned Officer in-Charge of the Cultural Centres shall after making such enquiry and inspection as may be required, furnish a report to the Director within fifteen days of receipt of the order for enquiry, on the basis of which final registration to the concerned Mobile Theatre may be granted for rest of the period of the year subject to payment of prescribed registration fee and a Certificate of Registration shall be issued in favour of the registered Mobile Theatre in the form as may be prescribed.
(5) If the report of the Officer-in-Charge of Cultural Centres of the concerned districts indicates that any Theatre group seeking registration under sub-section (4) is lacking of the required infrastructure, equipments, requisite number of artists and other staff and other requirements under this Act, the Director shall refuse to grant final registration to such Theatre group and the ground for such refusal shall be duly communicated to the concerned producer. Such Theatre groups to whom registration is refused by the Director, shall not carry on their performance any further and immediately stop the business:
Provided that as soon as the Theatre group acquires the required infrastructure, equipments, requisite number of artists and other staff and other requirements under this Act, it shall be intimated to the Director and the Director after an enquiry caused to be made, if satisfied that the Theatre group has fulfilled all the requirements under this Act, may grant final registration and issue a Certificate of Registration for the remaining period of the year to the said Mobile Theatre group, subject to payment of the prescribed registration fees.
THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 7, 2010 2225 Fi&alisation provisional registration Renewal of Registration of 4.(1) Before expiry of the term of the provisional registration granted to a Theatre group under sub-section (2) and (3) of section 3, the producer of the Theatre group shall complete the requirements for setting up of the Mobile Theatre and make an application in the prescribed form furnishing such fees as may be prescribed, before the Director for granting final registration and issuing ft al Certificate of Registration in favour of the concerned Mobile Theatre
(2) On receipt of the application, the Director shall cause an enquiry to be made by the Officer-in-Charge of the concerned Cultural Centre of the district within fifteen days of receipt of the application. The Office-in- Charge of the concerned Cultural Centre of the District shall make such enquiry and such inspection as may be required and furnish a report to the Director within fifteen days of receipt of order of the Director, on the basis of which the Director may grant final registration and issue a Certificate of Registration for one year or rest of the year as the case may be, to the concerned Mobile Theatre, subject to payment of necessary registration fee as may be prescribed.
(3) If the report of the Officer-in-Charge of the Cultural Centre of the concerned District indicates that any Theatre group seeking final registration under sub-section (1), is lacking of the required infrastructure, equipments, requisite number of artists and other staff and other requirements under the Act, the Director shall refuse to grant final registration to such Theatre group and the ground for such refusal shall be duly communicated to the concerned producer :
Provided that as soon as the Theatre group acquires the required infrastructure equipments, requisite number of artists and staff and other requirements under this Act, it shall be intimated to the Director and the Director after an enquiry caused to be made, if satisfied that the Theatre group has fulfilled all the requirements under this Act, may grant final registration and issue a Certificate of Registration for remaining period of the year to the said Mobile Theatre, subject to the payment of the prescribed registration fee.