The Setting up of Multiplex Theatre and Conversion of Existing Cinemas into Multiplex Theatres Scheme, 2007 [Published in Chandigarh Administration Gazette dated 25.4.2007 at page 1017] No. 9/9/131-UTFI(l)-2007/2283.—Whereas Chandigarh Administration is keen to promote the Tourism and Entertainment Industry in the Union Territory, Chandigarh.
And whereas the establishment of Multiplex Industry in the Union Territory, Chandigarh would result in increasing the avenues for entertainment available for the citizens of Chandigarh and for tourists.
Now, therefore, in exercise of the powers conferred by Section 3 and Sec tion 22, of the Capital of Punjab (Development and Regulations) Act, 1952, as adopted by the Punjab Reorganization (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 and all other powers enabling him in this behalf, the Administrator, Union Territory, Chandigarh is pleased to make the fol lowing Scheme, for Multiplex Complex, namely
1. The scheme may be called “The Setting up of Multiplex Theatre and Conversion of Existing Cinemas into Multiplex Theatres Scheme, 2007.”
2. It shall come into force with immediate effect.
3. In this Scheme, unless the context otherwise requires :—
(i) All words and expressions used in the Scheme but not defined hereunder shall have the meaning attached thereto in the Capital of Punjab (Development and Regulation) Act, 1952 and the rules made thereunder.
(ii) Multiplex : “A Multiplex means three or more separate Theatres within the same Cinema Complex with each Theatre having a seating capacity not less than 100 seats.”
4. Previsions for setting up of Multiplex Theatres
(i) Multiplex Theatres could be set up either by converting the existing Cinema Theatres or by fresh construction with the prior approval of the plans from the Urban Planning Department, Chandigarh Administration.
(ii) No concession in entertainment tax shall be allowed to Multiplex Theatres as compared to Cinema Theatres.
‘ [(ii i) The classification of seats and rates of admission to the cinematograph exhibition shall be the same as approved by the Licensing Authority and shall be governed by the provisions of the Punjab Cinemas
1. Subs, by Chd. Admn. Gaz. Notification No. No. 9/9/13 l/UTF[(|)/200S/6725 dated 8-10-2008 [372] . J.
Setting up of Multiplex Theatre and Conversion of Existing 373 Cinemas into Multiplex Theatres Scheme, 2007 (Regulation) Act, 1952 and the Punjab Cinemas (Regulation) Haiyana Amendment Act, 1969 as extended to the Union Territory, Chandigarh and rules made thereunder.]
5. Conditions for setting up a New Multiplex Theatres and conversion of existing Cinema Theatres into Multiplex Theatres - (1) Cinema site(s)/ building(s) of special architectural character must retain that special character.
(2) Out of total FAR available, excluding basement, parking utilitics/service area :■—
(a) At least 20% shall be used for public space, which includcs circulation areas and toilets;
(b) Commercial areas in the Multiplex Theatres, if any is proposed, shall be al lowed up to the area under the cinema halls and projection rooms.
Explanation.—If any existing cinema site has some commercial area as a part of the original plan, the same shall be allowed over and above the commercial area allowed under this rule.
(3) Additional conditions for conversion of existing Cinema Theatres into Multiplex Theatres :—
(a) The total seating capacity of the Multiplex Theatres shall not be more than that of existing Cinema Theatres and it shall not be less than 75% of the sanctioned seating capacity;
1 [(b) An additional FAR of 50% of the existing FAR shall be allowed subject to payment of conversion charges as provided in sub-clause
(c) below:
Provided that the minimum FAR shall not be less than 2.0.
Further the ground coverage ofthe building shall be the same as at present.
The ground coverage, shape, height and other parameters of any special character site/building s’-all be as separately approved in view ofspecial character ofthe site/building by Chief Administrator.]
1 [(c) The conversion charges for extra FAR/Composition fee for conversion of existing space shall be as determined by the Chandigarh Administration from time to time. The present rate shall be Rs. 2344 per Sq. ft. and till new rates are notified, shall increase by 10% every year from the date of notification of this scheme.]
2[Provided that the conversion charges may be paid either in lumpsum or In five annual equated instalments. In case of payment of instalments, the first instalment.shall be paid alongwith the application forcohveraion by means of a demand draft and the balance of conversion charges alongwith the interest @ 10% p.a. shall be paid in fourannual equated instalments in respect of which the post dated cheques shall be attached alongwith the application for conversion. In case where conversion has already been allowed or application for conversion already submitted, and the applicant desires to pay charges in instalments, the applicantshall deposit the bankdraft and post dated cheques within 30 days from the date these rules arc notified in official gazette.]
1. Subs, by Chd. Admn. Gaz. Notification No. No. 9/9/13]/UTFI(iy2008/6725 dated 8-10-2008
2. Subs, by Chd. Admn. Gaz. NoiificaiiOn No. Nu. 9/9/13 l/UTFI(l)/2009/7765 dated 16-11-2009 374 Setting up of Multiplex Theatre and Conversion of Existing Cinemas into Multiplex Theatres Scheme, 2007
(d) Each case for converting an existing Cinema Theatre into a Multiplex Theatre shall be examined for adequacy of services and for conforming to Town Planning norms. TCPO standards and NBC/IRC norms shall be kept in view for examining the case for conversion of existing cinema theatres. Wherever required an applicant seeking conversion of existing Cinema Theatre into Multiplex Theatre shall have to make adequate provisions at his cost for facilities such as parking to compensate for the shortfall in the existing services.
(e) Additions and alterations shall conform to the Building Rules.
(f) The use of basement and other area designated as parking shall not be changed.
(g) In case modifications are proposed in respect of the exterior of the buildings, these may be done with the prior approval of the Urban Planning Department of the Chandigarh Administration.
(h) Additions and alterations shall conform to Fire Safety Rules, the Punjab Cinemas Regulation Act and other relevant Acts/Rules.
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6. Option for conversion :
All Cinema owners in the Union Territory, Chandigarh shall have the option for conversion of Cinema/Thcatre into Multiplex Theatres subject to the provi sions of clause 5 above.
7. Application for conversion :
A person seeking conversion of an existing Cinema Theatre into a Multiplex Theatre shall make an application to the Chief Administrator in writing. After examining the same in accordance with the scheme and other statutory require ments, the Chief Administrator shall record reasons if permission is refused.
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8. Appeal :
Any person aggrieved by an order oT the Chief Administrator, made under this Scheme, may, within 30 days ofthedate of the communication to him of such order, prefer an appeal to the Adviser to the Administrator, Union Territory, Chandigarh:
Provided that the Adviser to the Administrator, Union Territory, Chandigarh may entertain the appeal after the expiry of the said period of thirty days, if he/ she is satisfied that the appellant was prevented by sufficient cause from tiling the appeal in time.
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9. If any difficulty arises in giving effect to the provisions of this scheme, the Chief Administrator may make such provisions or give such directions not incon sistent with the provisions of this scheme.
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10. In case of infringement of any condition of permission, the Chief Admin istrator, may after such enquiry as deemed necessary, cancel tire permission, giv ing a reasonable opportunity of being heard. This shall be, in addition to the action to be taken under the relevant Act/Rules, as applicable.
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11. The Setting up of Multiplex Theatre and Conversion of Existing Cin emas into Multiplex Theatres Scheme, 2006" issued,- vide notification No. 9/9/ 131 -UTFI(l)-2006/1425, dated I Oth/13th March, 2006 is hereby repealed.