8 gaz W27 TATETET THE, 28 THe, 1989 IN pursuance of the provisions of clause (3) of article 248 of the Constitution, the Governor is pleased to order the publ cation of the following English translation of notification no. 11 16/%-MK-S9XXR(1)/84, dated April 27,1989 : No, 1116/X-MK-89-XXRI1)-84 Dated Lacknow April27, 1989 IN exercise of the powers under section 13 of the Uttar Pradesh Cinema (Regulation Act 1955 (U.P, Act no.3 of 1956) the Governor 18 pleased tc make the tollowimg rules witha view to amending the Uitay Pradesh Cinemes (Regulation of Fxhibition by Means of Video) Rules, 1988: THE UTTAR PRADESH CINEMAS (REGULATION OF EXHIBITION BY MEANS OF VIDEO) (FIRST AMENDMENT) RULES, 1989 Short title and 1. (1) These rules may be called the Uttar Pradesh Cinema (Regulation commencement of exhibition by means of Video) (First Amendment) Rules, 1989,
(2) They shall come into force with effect from May 1, 1989. Amenément of 2. Inrule 2 of the Uttar Pradesh Cinemas (Regulation of Exhibition by Rule 2 means of Video) Rules, 1988, herein after referred toas the said rules afrer clause (j) the following clauses shall be inserted namely:
(k) “Hotel” Means and establishment which provides facility of lodging and boarding on payment basis. 1) Local area shall have meaning assigned to it in the Uttar Pradesh Entertainments and Betting Tax Act, 1979. ~ Amendment of 3. In rule 4 of the said rules for the existing sub-rule (4)jset out in column ales J below the sub-rule as set out in column II shall be substituted namely:— Cotumn I CoLumn IL Existing sub-rule Sub rule as hereby substituted
(4) In case the auditorium is constructed (4) In case the auditorium is constructed on the first floor or the second floor of a build- on the first floor of a building, it shall have ing it shall have 1.6 metres wide varandah of 1.6 metres wide varandah on any two sides any two sides with oflast two cases to ground withatleast two stair cases to ground floor floor on two different sides out of which one ontwo different sides,out of which one should should about the main though fare the width about the main thoroughfare. The width of of the staircase shall not be. lessthan 1.34 thestair case shall not be less than 1.34 metres metes with 16 cms, riser and25 cms. tread and with 16 cms. Riser and 25 cms, tread and there there shall not be less than 3 and not more shall not beless than three and not more than than 15 stairs at a stretch, The open space 15 stairsat a strétch. The open Space required required under sub-rule (2) shall be provided ynder sub-rule (2) shall be provided on ground on ground floor, The other requirements shall foor. The other requirements shall be the, be the same as in the preceding sub-rules. same 25 in the preceding sub-rules :
Provided that the consent of the occupier of the ground floor for the construction, if any, shall be obtained incase the andito. rium is constructed on the first floor. Amendment of id rules for the existing rules 10,11, 13, 14 and 17 set out in iad Pope as set out against each in column II shall be substiuted namely:— Cotumn I Couumn Il Existing rules Rules as here by substituted : ication for licence for exhibition 10. Application for licence for exhibition by oak pple d The application for by means of video—{|) _The apolication for licence for giving exhibition by means of license for giving exhibition by means of video video shail be submitted in Form no, 1to shali be submitted in Form no. 1 to the licens. the licensing’authority alongwith the docu- ing authority alongwiththe documents menments mentiond in sub-rules (2), (3) or (4) tioned in sub-tules (2), (3) or 74) as the case as the case may be. may be, Sat FFT TAHARI Taz, 23 FHT 1989 9 Conumn I Existing rub-rules
(2) In the case of permanent building Covumn Ii Sub rules as hereby subspipuyed
(2) Inthe case of permanent building other other than a hotel or restaurant the applica- thana hotel the application shall be accomtion shall be accompanied with the following panied withthe fol ae socamente som 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 abuts including the place marked for parking of vehicles drawn the scale of 1.5.
(ii) A building pit in duplicate incjuding longitudinal and latitudinal sections and seating plan containing therein the arrangement of seats in each class including gangway and places left open drawn on the scale of 1.1. ; (iii) No objection certificate from the Municipal corporation, Municipal Board, Gaon ae or any other local authority concerned,
(iv) Photostat copy of licence obtained for the commercial use of video or television under the Indian Telegraph Act 1885 (Act 13 of 1885).
(v) Documents showing the ownership or tenancy of the place, building and the apparatus.
(3) Inthe case of @ temporary building, hotel and restaurant the application shall be accompanied with the documents referred to in clauses (iii), (iv) and (v) 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 subrule (2) and a photostat copy of documents of its registration under Motor Vehicles Act denoting therein the route if any of operation of the said vehicle.
11. Other conditions for grant of licence— Licence shall not be granted for a video cinema if it is situated—
(i) within a radius of 500 metres of permanent cinema either existing or under construction in a town with a population exceeding 5 lakhs.
(ii) within a radius of 1000 metres ofa permanent cinema either existing or under construction in a town with a population exceeding 50,000 but not exceeding 5 lakhs.
(iii) within a radius of 1500 metres ofa permanent cinema either existing or under construction in a town with a population not exceeding 50,000.
(iv) within a distance of 400 metres of another video cinema.
(i) A site vlan in duplicate showing localionof the premises in relation to adjacent premises withina radius of 100 metres and public thorough fare on which the building abouts including the place, marked for parking of vehicles drawn on the scale one inch is equalto 10 metres : Gi A building plan induplicate including longitudinaland latitudinal sections and seating plan containing therein the arranpements of seats in each class inclyding gangway and places left opendrawn on the scaleoneinchis equal to five metres,
(iii) Photostat copyof livence obtained ior the commercial use of video or television under the Indi } 1883 (Act 13 of 1885) 0 t BTaPh Act,
(iv) Documents showing the ownershi or tenancy of the place, buildin nid the apparatus or the vehi cle, pete
(3) In the case of a temporary buildi soi henna hel acme Ocuments re i = and fiv) of sub-rule oo to in clause (iii)
(4) Inthe case of public service vehj the application Shall be acomPanied Sh aed documents referred to in clause( iy) of sub- Tule (2) end a. photostat Copy « documents of its registration Under Motor vehicle Act ‘and fitness certificate of the vehicle denotin 8 therein the route, if any, of said vehicle. 11, Other conditions for grant of licene
(1) Licence shall/not be granted for a video Cinemas ifit is situated :—
(i) Within the limits of g local gre, already having o cinéma in duane building or where the same is under c truction. der cone
(ii) within the radius of 500 meters of the outer limits of a local area with population exceeding 5 lakhs and having a cinema ina permanent building. operation of the
(ili) Within the radius of 1000 metres ofthe outer limits of a local area with population exceeding 50,000 but not exceeding 5 lakhs and having a cinem@in a permanent building.
(iv) Within the radius of 1500 metres of the outér limitsofa local area with population upto 50,000 and having a Cinema in & permanent building. Covuma I Existing Sub-riie
Explanation—(\) For the purposes of this rule the population wf ihe lavest census shall be taken into account while granting licence. restrictions sball not apply in case of grant of a licence to 4 person, already giving exhibition by means of video in a permanent building before the commence- ‘ment of these rules. :
13. Relaxation in respect of existing ermanent buildings —ANY rsons already holding exhibitions by nleans of video a permanent building before the date of commencement of these Rules may be granted relaxalicensing authority from any of the provisions of rule 4 if the licencing, authority is satisfied that the public safety security and convenience is not Jeopardised by such relaxation. :
(ii) The aforesaid
14. Power to refuse licence—The lic ensing authority may for reasons to be recorded in writing refuse 4 licence if he is satisfied that the exhibition by means of video in a video or hotel or restaurant js likely to cause cinema obstruction in convenience, annoyance, Tis danget Or age to the yesidents OT passers by in the vicinity of the place of exhibition. 17, Fee—
(1) The fee for grant OF renewal of licence shall be as follows +~
(i) Video Cinema Fee Number of seats : Not exceeding 50 seats ‘Rs. 600 per year or part thereof. Exceeding 50 seats put _-Bs..900 per year not exceeding 100 seats oF part thereof. Exceeding 100 seats but Rs. 1200 pet year not exceeding 125 seats Or part thereo
(ii) Hotel and Restau- Rs. 600 per year OF rants art thereof per video cassette player. Sat Mee WATATAA TAZ, 28 gid, 1989 CoLumie U Sub-rule as derepy subsricused \y) Within ju) meeres at another video cine ny .
(vi) Ina cestaura nt or any other establishmne, by whatever name called, enga gedin serving OF caicring meals, snacks, not or cold drinks etc. - yA travelling video cinenis jigensed within che radius of cinema in permatient pyilding. shail not be 2 kms. of a
Explanation ~Fox the purposes of this rule. the eopulaion of ihe [atest census of whieh Lhe relevan WEES Weve +. om published shall be taken iso 4 coount while granting licence. respeet OF existing per manent building--() Any person ajready holding exhibiuons by means cf video ina permane nl builaing before the cate of commencement of these Rules; raay be granted relaxation bv the licensing authority from any of the provisions 0! rule 4 is the licensing aythority is satisfied thal the public safety, security ane convenience is not jecpardised by such relaxation -
(2) The Siate Government may gram. rela xation fromany ofthe provisions of rule 4 in respect of allother cases to which su brule (1) does not apply: ifthe Sate Government is satisfied that the publicsafety, security and conveniance is not jeonarcised by such yelaxaiion.
13.. Relaxation it
14. Power to refuse fieence—? he licensing authority may for TeaSORS io be vecoided im writing refuse a licence, if he 8 satisfied that the exhibition by means of video ina video cinema or hotel ora publicseryice vehicle is likely to cause obsivuction, ince nvenience, annoyance, risk, danrer oT damage to the residonts or PALseTs hy inthe vicinity ef the pla'ce of exhibition.
17. Fee
(1) The fee for gram shall be 25 follows:
(i) Video Cinema Number of seats Notexceeding 50 seats or renewal of licence Fee Rs, 600 per year Or part thereof ps. oc0 per year cr part thereof Ru, 100 per yese oy peat thereof. _ Rs, 600 per year or part thereof pe yideo cassette player Excceding sO srais but notexcoeding 1OO coats Excecding 100 ecais but not axceeding 125 seas
(ii) Hotel CoLumn J Evisting sub-rule (iti) Public Service Rs. 600 per year or vehicles part thereof,
(iv) The fee for the grant or renewalof a travelling video cinema shall be Rs, 50 pet month cr part thereof.
(2) In case there is any such arrangement where exhibition is given. by means of video onanumber of different television sorecns, Video screensor video scopes an additional licence fee of Rs. 50 per year’ or part thereof, shall be levied for each such screen, feeded by the said appersins by whatsoever name it may be called, SAT IaH ATaTeT We, 28 wT, 1999 11. Cotumn II Sub-rile as hereby substituted
(ili) Public Servier Rs. 600 per year Vehicle or part thereof,
(iv) The fee for ihe grant or renewal ofa’ travelling video cinéma shall be Rs. 50 per mon hor rart thereof,
(2) Tn case th re is any such acvangement whore exhibition is pivan hy means of video ona tumber of different tel: vision screens video serecn a" video scones, an additional licence fre of Rs, 50 per yoar or art thereof, Shall be levied fo: cach such sereen, fed by the said WpHAPALe, Ly whe scenery ne mc it may be called.
5. Inrute 18 of the said rules for sub rule (2 : f : : S for sub- Set out in column ] below Amendment of the sub-rule set out in column II shal} be ealaitaaee namely :—- Rule 18 Column 1 Existiog sub-rrle
(2) The licensing Aut hority may grant or renew the licence for keeping a video [itre, y on payment of fee of Rs. 990 for one year oe part thereof, : . G6. In the said rules, for the COLUMN J Easisting suberyje ‘ 21, Pravision for fire extipuigiar ete. The rorahl: Ge -Rtinesd he 7 and ont ofsous Le £ 9 ge one becke: (9 Hi 1 bucksts (9 Lise IV be prowicre 1M Th? pre mi io ms and travelling video. cincina. “7, Inthe said rules, aficr rule 23 namely :—- 24, and inspect the premises of a video the following Inspection —fbe following olficers cinema, Video Library, CoLumn II L Sub-rule as hereby substituted
(2) The licensing autority may grant or renew the licence for keeping the video library on payent of Rs, 1200 ina local area with a po pulation upto ? lakhs and Rs, 2400 in other areas for one year or part thereof,
(b) after sub-rule (6) the following subrule shall be guseryed namely:—
(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 casette of moving pictures to any person other than a licencee 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 - liceisee against every transaction of the above nature and a suitable endorsement shall be made on every cash/credit memo pertaining to such transaction. i existing rule 21 set out jn column I below, Amendment of the rule as set out in column Tf shall be substituted namely | I : rule 24 COLUMN IT Sub-riule as hereby substituted 21, Provision for fire extinguisher ete,— The portable fire extinguisher of BCF 2K g. capacity and one of soda Acid of litres capacity one buckets (9 litres) filled with sand and four buckets (9 litres) filled with water shall be provided in the premises ofa video | cinema and a travelling video cinema. rules shall be wserted fnsertion of tew rules 24 and 25 Ime. enter mto may at any Wn my hotel or the Vehicle Hcenced utider these ryles for ensuring compliance of the rules:
(i) Commissioner, Deputy Commissioner, Assistant Commissioner, District Entortainment Tax Officer and Inspector of (2 entertainment and Betting Tax Department, gence saz San HAMA THz, 28 AIT, 1989 BH) Deputy Director (Entertainment Tax) Revenue and Intelliirectorate, Uttar Pradesh.
(iii) Not exeeding two police officers 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.
25. Screening or 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 1952 (Act no, 37 of 1952) and granted certificates in under cinematograph (Certification) Rules, 1983. cinematograph Act, form IV-A, V-A and VI-A constituted under sectiol 3 of _ (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 js 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 48 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 ihe officers authorised for inspections. Substitution of Form I CoLuMN I Existing Form I Form I (See Rule 10) Form of application for licence for exhi bition by means of video.
(i) Name of applicant ........--eeesseee
(ii) Father’s Name 2.2... eee eer eee
(iii) Age and Sex ...... qawrarmrcnse HESS NEAT
(iv) Address—-
(i) Permateat. 22.21. cece eee teers (duly verified)
(it) Present address 2, Name and description of the place Exact location with house or plot no., if any, where exhibition by means of video is proposed and jn case of publicservice vehicle registration number with route of operation, ifany.
3. (i) Site plan in duplicate under rule 10(2)(1). :
(ii) Building plan in duplicate under Rule 10(2)¢ii). _ (iti) No objection certificate from Municipal Corporation, “Municipal Boerd orany other local authority concerned under Rule 10(2 Wil).
8. In the said rules, for the existing Form I set out in column [ below the Form I as set out in column I shall be sustituted, namely: — CorumN U1 Form 1 as hereby suystiuted Form I (See Rule 10) Form of Application for , Licence for exhibition by means of video.
(i) Name of applicant -.--eerrrs ea
(ii) Father's Name ....¢:eeeees venenet
(iii) Age and Series caneag inl eee ra
(iv) Address—
(i) Permanent...-- .err (duly verified)
(ii) Present Address s..-scsreeeern e 2, «Name and description of the place Exact location with house OF plot number, if any where exhibition by means of video is proposed and the population of that local area Where it is situated and in case of public service vehicle registration number with route of operation if any. 3, (i) Site Plan in duplicate under rule 10(2)(1) : ii) Building plan in duplicate under Rule 10(2)(i) .
(iii) Photostate copy of the licence obtained for commercial use of video or television under Indian Telegraphs Act. 1885 ( TA I TAIT We, 28 ATA, 1989 13 . CoLumn I CoLumN IL i Existing Form I Form I as hereby substituted f Form I Form I / : (See Rule 10) (See Rule 10) y (ivy) Photostate copy of the licence obtaine (iv) Documents showing the ownership for commercial use of video or television under Indian Telegraph Act, 1885.
(v) Documents showing the ownership or tenancy of the place, building and apparatus Rule 10(2)(¥).
(vi) In the case of partmership firm, name and addresses of the partners,
4. Inthe case of Video Cinema and Travelling Video Cinema—
(i) Number of shows proposed to be held daily with show timings of each show.
(ii) Width of—
(a) ‘Television screen
(5) Video screen
(ili) Total seating capacity with classwise seating arrangement of each class,
(iv) Rates of admission and amount entertainment ta x for each ticket of (separately of each class) (¥) Proposed date of start of exhibition by means of video.
(vi) Name of manager, if any,
5. Inthe case of Hoteland Restaurant
(i) Number of television screens/video screen/ video scope.
(ii) number of video cassette players,
(iii) Proposed date of start of exhibition by means of video.
(iv). Name of Manager, ifany,
6. Numberand date of Treasury challan with which the amountof prescribed fee/ renewal fee has been deposited. Date : 2Signature of the applicant with address duly Vetified by any gazeited Officer. or tenancy of the place, building, apparatus and vehicles Rule 10(2)(iv).
(v) Ta the case of partnership firms, name and addresses ofthe partiers. 4, In the case of Video Cinema and travelling video cinema—
(i) Number of shows proposed to be heid daily with show timings of each show,
(ii) Width of—
(a) television screen
(2) video screen
(iii) Total seating capacity with class wise seating arrangement of each class.
(iv) Rates of admission inclusive of tax for each ticket.
(v) Name and address of manager if any,
(vi) Proposed date of start of exhibition by means of video,
5. In the case of hotel—
(i) Number of television screens/ video screens/video scope
(ii) Number of video cassette players.
(iii) proposed number of rooms with faci lity of exhibition by means of video.
(vi) Proposed date of start of exhibition by means of video.
(v) Name and address of the Manager.
6. Number and date of treasury challan by which the amount of Prescribed licence fee/renewal fee has been deposited. Date : Signature of the applicant with address duly verified by a gazetted Officer, By order, NRIPENDRA MISRA, Sachiv, wo YAO To o--To To 34 aro (f740)——(506)—1939— 150045004 1240 (wo) \ = .