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    Bihar Cinema Regulation act

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    © All Rights Reserved
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    169 views34 pages

    Bihar Cinema Regulation Act

    Uploaded by

    Peeyush Jain
    Bihar Cinema Regulation act

    Copyright:

    © All Rights Reserved
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    BIHAR CINEMAS (REGULATION) ACT, 1954]! (Act XV of 1984) An Aci (9 make provision fer reguiating axixbiton by means of cineratceraghs in the State of Bi Whereas # Is expedient to make provision ior regulating exhibitions by means of cinamategraphs in the State of Bihar His hereny onaaled as teow Comments & Case-iw : [Blackiisting a person, more so by the State, causes sufference on the person vino reecives such © stigma, Asiion of blesitising taken unifaterly, and without giving aa eppurtimity of heasing to the atfecied party 16 shaw cause egal. Oisnice Council vs. Ministry of Social Weitare, Gevernimtern Of Inula, 1887 All L 045. A provision of law is not to be Ganstated dn the assumetinn that the same may be misused of abused, Courts should nat, in the this guise of interpretation, amend or overtide a provision ta prevent io priisibie misusa or possible use for prolongation of litigation hy revalcitant parties, Bt, Alsmr ws, Gopal Singh, 1887 PLUR 870 (FE), ‘Courts can, interfere under wit jurisdiction i impuyred order is based on ohlique moive, 2.410. ws, Stale of Bihar. 1887 PL Where both the Special Law and the Central Law Gan opeeaio by their own Some in the respective fletds assigned to them, there can be nyo ovcaeicn for the ‘Special Law prevaiting ‘aver the provisions of the iaenera! Law. This 1s moreso tn respect of taxing statutes. New incia Sugar Milis vs, State of Bitar, 1297 BRLI 22, : Itgeams what weighed more with the Courts in tho LIC mattor was the plea offairess based on Ari, 14. Perhaps the deaision would nave been diiferenttf the \ S rejolider had got at all been publishadin'Te Hindu’ and had only been published in "Yogakshema’ with full elas of publcation of the petitioner's article tn “The HinautIn ou lei fis se republication of ha ejonder clovettatineoduced the element of uniainess, What stould-devolop fea comily-artongst the media thal whonevor @ relutalion of rejoinder is published or aired, ful footnote or reference is given about the pubilcaiionUnder:‘eorament So thal ‘a téader ‘or viewer has the nécussary O° details to access it Newspapers, magazinas and journels may well emulate the -<.Sltatiog sysiem perfected by aw reports and ased in elf teyal publications, £...C. ¥s. 4.0. Shih AIP 1998 SC 47: 1998 (1) BLIP 431. -.- “Thore cannot be any dispute that medernisalion ié an important facter-and needed ‘ety smiich in, & developing ‘country: byt this, migkes us ponder. over whether the Voyage we have unaériaken on ihe bass of tho prices erstrinod Inthe Constitution; is being éairied onvight tines, tort is not the distance we have travelled that matters, but itis the directon in which we nave travelled that really 1 The Adi FooeNOd Wie BesenT'Or ano Govednok ‘ot Bihar of AT Nach, 4944 and pubishod in the Bihar Gazette, Extraordinary, dated 48m Apri, 1954, Bikar Entertaemems Tox Me matters, Ate we merely moving or tly ecvancing? Are we merely changin oF Ghecthaty progressing and whether we are aware of the eignificant dillee between moving and advancing and between changing eres progressing? These re all aspects of great imporlance and wider artpitucte Involving socio: peliiorl inoves to be considered at a dfforenl level, Shankar v8. Staie of Tan! Nadu, (asa) 4 Soc 472} 1, Shorttitte, extent and commencement.(1)This Act maybe cofled ne Bihar Cinemas (Regulation) Act, 1964. @)tkextonds to the whole of the State of Bihar {@)It shall come into force at once. 2. Definitions.—In this Act, unless thore & arything repugnant in the subject or context. {a} “cduit” means a person who has completed nis elghtechih your, {b)‘cinematograplt includes any apparalus forthe representation of moving pictures or series of pictures; {e) District Magistrato” eludes all Deputy Commissioners, [+ ** | {@) "place" inckides a house, building, tent and any description of trensport whether by water, land or ai (erepreserbed” meane prescrized by rules mada under this Ad +3 Cinematograph exhibition to be licensed.—Save a8 otherwise provided jn this Act, no person shal give an exhibition by means.of cinemetograph else. there than ina place licensed under this Act of otherwise than in compliance, with “say coudtions and reetictions imposed by such Hence, * ‘Comments & Case-law {Forthe requirements of grant of tieance tis not the altue bl the quanta of | tho publie watching or pariiipating which is of paramount consideration it if he: ee ceateriat whother the entry to the entertainmect is resitcted oF whether is Dy payment. Aclub esietorod under the Societies Retstaion Act comes WATT. “ambi cf the provisions of the Bihar Cinemas (Regulation) Actand has aooordingly to | “obtain a figance for-exhibiting fims t2 its, membore.erve on A “EN, sereon through SIO A, exhibition of shows in clubs Is Gatly dlstinet and cetinguishable ror SHOWS iva private home, ALA. Club vs. State of Binay, 1960 PLIF 116. fet x "The exhibéign ot hms through V.C.R, ona Talevision set le, covered under {he expression inemotagrap under section 2 (2). Whal the Section 9 o! he ASL + Tpguites to he ligensedis an exhibition by mears of einernazograph in sorhe nae, Fan ward exhibitor’ ould obviously sparta putlie eplay which presupposes & pace where public has the ght ot ingress eg egress: ete! Margstam us, Stale ff Bihar; 4986 PLIR 326 « Sons x coe Tpeations 9.8 and 9 read wall Fules 12, 20 ang. @5 of Biner Cinemas (Reguiatol) Hules, 1974 and Rule 7.ol tedian. Electricity Aules, 1956—tabllry af a ‘Cinema Exiditors 0 pay enspecton.fee for ingpeotion o! Prem Ginematograph Sxhibit or by.an Electrical Inspaciar, 88. jong as a plece/premnige '6, 7. Weds. *Addiional: Deputy bemmissioner” Dhanbad, and, tre “Additional Dietrcl “Magittiater Satarasa, sepedted ty, BAOL. SS": ee Seca. 4-8] 1 Cinarsus (Regulation Act. 1354 4158 being Lise! for giving exhibitions by means of cinematographs uriger @ valid Hoe and within the paramoters of Bihar Cinemas (Regulation) Act and the Rules fiomed thereunder, the inapectiot of the olocttical installations in the promises can be made only in terrus of the Bihar Cinemas (Rogulation) Rules and the fees chargeable ky the Electrical Ingpocter ust also be as prescribed under Pule 25 of Bihar Cinemas [Reyulation) Rules—Notitcetion under Mule 7(2) of tedian Electricity Rules, 1956 fas ne application in the case ot Cinema Hats and demand far inspection foe on bass of Fiule 7 (2) o1 Electricity Filles is not ‘auctanabla in fa, (Bihar Motion Pictures Assaciation ve, State of Bitiat 1995 (1) PLIA 291,)] . 4, Licensing authority—The authority having power te grant licences under this Act (Fereinaiter referred to ag the Ucensing authority) shell be the District Magistrate : a Provided that the Slate Government may, by naffication in the Official BE cacsite, constitute forthe whofe or any part ofthe Stato, such ather authorly as ENS it may spectty in the. notification to be the licensing outhority for tho purposes of "this Pot. ‘Comments and Casetaw [Bociion A.of the. Bihar Cinemas (Regulation) Act, 1954 provides that the Distrit Magistrate Is tie Liconcing Aubnorily. The watten consen! of the Licensing ‘Aulhoriy ig 2 condition precedan! for undertaking of any aeration or.addition in Fhe Cinema House by the Licensee. Moto Talkies vs. Sate of Bitar, 1990 BRLY 2 Spe . “0B. Resttietion of powers of ligensing authority-—(1} Licensing authority Shall not grant a lioanoe undor this Act, unless iis satisfic! that— {(@) theules ‘made under.this Act have been substantially complied wilh: and, 3 ib) edequate precautions have heen laken in the place, i1.respect of which BC the ticence is to give to provide for the safety of, persons attending exhibition lhorein. © 52 : . . E2112) Subject 16 he (oregeing provisin® ol thic cection and fo the eentrot of o Stas Government, Ne liceasirig authority may grant licence uncer this: Act to “auch persons. as:that authority tninks tit and’on such terms ard conditions end subject to Such Fostrctions as il may delormine ana on payment of such licence: ige 2s may be prascripcd nthe ‘ule ‘tamed under. the said Act subjoot to 2 maximum of fis, BOO] eS 3 Bo ‘udgrioved by the deotsicn of a Teensing authori refusing to, 2 5 Unicet this Act nay wvlhin Such tire as may be prescribed appeal {othe State Goverment or to Such office a8 State Government may specify. in ‘State Governinent or the Ollicer, ‘as the case maybe, Make graignl may. {toin: ime to ime, isaue “airectiotls to 5 icénsed in particular forthe purpose of regulating the. Sihipition et -ahy Atm “or filmsy"80 that SctentilC-Wims intended.tor ‘educational - Sue By Ag 61 of "08D GO 1082). : Bihar Emertainients Tax: Monwet [ Seo. 5 pursoses, fims cealing wit news and urrent events, dcuemcrtany flies OF indigencue ine an adcquale oppurtunity of being exbitited, art where anyclecetiens have been issued, ose drsarotis shalllbs deemed te bn aeitionst conaiioss and restriations Subjectownich Ine lisence has Leon granted. [No, AICE-1021/60-PG.—-1758 the Sth May, 4859, published in Bhat Gateite (ex, ord) dated 14-6-1989--In exu'cise ol the powers conferred by Sy Seaton) of gecilon 5 ofthe Bihar Cinemas (Regulation) Act, 1954 OW of 1950) oh in supersascion of this Depaririest's natiieation ap. ¥Ca-1082/54 PPG, Gatod the 24h Novetnber, 1954, the Sale Government hareby jasuas te avery fooncce under the said Act, the following directions which shall have effect [rom the date of its iss, +The licensee shall s¢ regulate the ex\itition of einematograrh fitms that every parbemanze open te the public approvedtilne ave exited, the appre fenein be cxhibied in relation 10 other Tvs at every ouch performance hein in tho same proportion 36 one i five or tha naareet fower oF Righer approximation thereor. Only such flims produced in India es are aporowed oy the Centia Government efter considering the racommendatiens of tne Fim Advisory Board, Bombay, te ba sdentiic fins, Bis intended for ocucatonal puitsoses, tins Geakng ‘th news and curent events oF documentary fires ahallbe dacmerttobe ‘approved films for the purposes of these directions. ’3 Nothing cantainad in se, diracions shal be construed 2s requiring (he licencees— ig) 0 exhib at any pororinance more than 2,600 fect of approved tims fof 36 rm size oF the corresponding footage of approved films 0! GT mim. sior (0) to cxhibi any apprové fle for more than to weeks coatinuodsty. er {@) 10 reostibit eny_ approved fikn which fs been shown for two continuous weeks: oF {a to exhibit arnroved fins tothe fut oxtent indicated nercinbalore ® the event to sufficient number of length of approved films not being available for the time’ peing. wee 44 For tne purpose of comeuating the cerresponding footage of films.ct 16 sin, sda in elation to mmts OF 26. , size, 400 foot of films of 19 met, size shall qhe deemed to be equivalent to 1,000.fee! of 26, , size} : “Comments &.Case-law {Sacion 5(2) of the Act Jp not uit viros, ether Art 14 of A © osgination Brendra kr Sing v2, Sate-of Bihar, 1977 BRL 178, spe aso MS Vishnu Talkies vs, State of Bihar, AIR 1906 Rat. 26; : it tabven's- ight 10 chow fitne on “Teley(slon if daxt.ol fundamental right guaranteed tinder Arficle 79 (4) a) of the Constitution ‘Subjée! fo any rosirictions ici Mey be impased under Ariele. 12 (2), Clvssey Communications (P) Lich us LabpAdyan Sanghathana, 1988 PLIRSO) 76. ‘Underthe guise"Conttol of State Goverment” as used in sub-section (1) of Seo.6] Ginemas (Regulelion) Act, 1654 1161 scclion § ¢f the Act, tho State Government canno! usury ine power of the Neansing authority wich hes the exclusive [urisdction io deal with the origin’ ; application for grant anior renewal of a license and gisnosc of te same i p. gocordance with kaw. Sim. Dharti Singh vs, Staia of Binar +082 BALI 208, 1582 BRU 88. Accordingly an orderby the Diotrict Mag strate wis & (1) einnot ts tevlsed by tho Stata Govornmane dd Seclions 5, 6 & 2 read with tutes 4, 8and 10 of Bihar Cinemas (Regulation) ules, 1974--Licence fees for cinemas raised by amendment of ules In 1076 by noiifcation—na defeat or in Act of 1854 to fo or ravigs leenco foos—during fe pendoncy of weit an Oudiesncy was tsoved by the State Government arrerding seetion 5 of the Act adding delogation tor imposition of jicence f8es—valicty— Kthero fe no quid pro que for irupostion of lleance fee--valcly of notiieation of £1976 raising ticetce fees—tiveane fee can hoi be caied a tax and so lew has not _ deen lawfully imposed, Rajni Ranjan vs. State of Bihar, 1983 Pi.IP 324] 6. Power of the State Goverment or District Magistrate to stispend hibition of tlims in eortain case—(1) The State Govemment, in respeal of “he whle State of Any part thereof, and the Distcice Magistrate in *espect o) the \oeal aroa within his jurisdiction, ray, il tor he is of opinion that any fle which is ‘a publely exhibted Is Ikely iq cause & breach of the peace, by order, suspend ve exhibition ofthe fla, and.during such susperision ihc fim shullnot be axhibitad ‘the Slate, Part of the State, or local arca, as the case may ba, @) ‘Mhere an-order tinder sup-zeotion (§} has been-issued by District Magistrate, 2 copy thereof tegether with a statement of reasons thereto, shall Hinuith be.lowarded:ty che Disiket Magistrate to the Stato Government, and ip State Goyornment may efter conflim or annul the ord. 18) Any ordar made under sub-sestion (4), shall untese itis annulled by the section (2) romain in terce for-a. petiod of two State Governmort may, if iis of opinion tal the. order shoute, ino in force, cvoct that the period of suspension sia be extenicled by such hor potiog as. thinks tk, wh UNDE Comisents & Casetaw, valk ‘Sections 6 and 762d with Rule 26 o! the Bihas Cinerrac (Reguiation) Rulos, and Cireular dated 262.1982 Surprise inspection veliin ahe- Cinema Hall ind the. back of ‘the ‘owner: of ‘is Teptesetitetie pou i , ivemensure -and ent of niles-—the owners'should bs alvin warning atid oppertuhity iol to sho acis of omicsion andl conmission. ‘Hem Abiilash Cubay vs, Stale of BF 200011) PLUR asa. “ot the. Ginematodranh Act—Cinema’s lieonce ed. frort time 40 time. by ths ‘Collector, the ‘ieensing “authority — 41821 Bihar Entertainments Tax Macrae application for permanent licence dy wevornmende 19 Collacor elsopenting vith the Giste Gevernment ~ hy fhe Gollestor to wn the cinema on Tratisnton of parmarent liocooe—stunming suzanne valid. Rachesiyam Nebrivad v9, State of Bihar, 1992 1) PLIT 645. FT, Penatiics.-~() I he ewnar or person ¢ncharge of 8 cnermatogaph sos the seme oF allows Ito be sed, or f the ones 0: COME of any place pores that piace foo uss contavestian the Ero ofthis Adi orf the Piles maco teretuncer, oF the conditions and ceetrcteT® gubject to which any fecnoe hae Been granted under this Act, he sll ve Habla fe punishment with imprisonment ofthe deserfplon fr aterm which 7) fexicnc! to three years ar with Fret ipte enty thoysend raposs or will both and in 62s of coniinuing offence ‘utiva furthor ine which miay extend to tive thousand MHHECS for each day curing ‘which the offence continues: {2) Any offence punishable urder this Act shale cognizable offence within the mocning ofthe Code of Criminal Prococure, 1878 (Re! No’ of 1874); {@) The Chie! ucicial Magistrate or any cic ‘Magistats of the first class may Hy an oflance Lnder this Act; Le {A) No Court shall ke cognizance of ar offense under this Act except dna ‘complaint mate by the Bistck Magistrate of any olver officer duly authorised by tim: {hits turd thet cinemategraph fs Heng Used oF Nee been allowed to be used in-conttavention of tho provisign® of this Act oF Ihe rues made thereundss woe eaateararh im, and appliances may be seize an the ordarot the Distect 4 Mogictrate: : 5 (Where tho sinamatogtaph ikn oF ary ether appliance used for @xiaiition ‘of fms fs seized under sub-section (6), t'shall be reported witrout any. unreasonobic “galay to the Distiet Magistrate of the iswict, end the Distict Magistrate tmay. 3 ‘He thinks expediant $010 do, nspoct or eauae to He inspected tha seized aticies ‘ard decide whet: of notte prosecution will be Instituted for the contravention of tho provisions pfthis Act, and the District Magistrate, boing satisfied thatthers : thas been contravention of te order, may Orde sonfiacation of al or any of the. seized aaticlesy eS . : TG) Appeal Any -persn ‘aggrieved by the prder passed Pye. District Magistrate under sub-section fe.an aopeal hetore the ‘Commissioner ot, -Divisien within 20. days fromthe date ‘oftie order passed by the ‘District Magistrate, {(@) Notwithstanding ‘any thing contained in the Code of Criminal Procadure;: 4278 (Act 2 0f.1974)s;whon fe (District Magistrate had made seizure Lindor this. ‘gathion: no court shall entertain,any’ ‘application in respect of the Seized asticles: ‘ang the lutisdicliorvot the District ‘Magistrate orthe Appellate Authority wit regard to tne diaposal of the same stall be @xcMSNO| : ata 0) “ho Distiet Magistrate shail, foribe purpose. “ak. this Act, have ih Baie. power as nro, vested in a:00urL, ‘under the Code.of Criminal Procedut. qorihe purpose of raking enquiries umderiths section in aspect Cf. R82 : 1, Subs. by Aci 23'of 7892, 2 Sy ees (a) receiving eviden (b} issuing summons and onfatting attendance of ary person aad ‘exsimining hirr: on oath: and {0} compelling prouction of evidence; {iG} All enquiries and proceedings under this section before the District and tie appellate Autnoxity shall be deomed to be judicial proceeding nd wile cischerging lunciions uncer this section, Distct Magistrate and the ppellata attorty shai! be deemed to be a court Comments & Case-law (District Magistrate is net competent to impose punishment, This can be "There are no provisions in the Act orthe Rules made thereunder regarding Fconsing or exhibition of films by means of ¥.C, Recorders, The same, however, ig ewrered under the ‘erin "Cineniatograph" under section 2 (b} and thereforo, ‘ie piowsions applicable for the licensing ot Cinema halls, would also apply.te Rsreening by means of V.C.R. Mere pendency of an apptication for ticence wifi hot Svonfer he right to carry on exhhition activities during the pendancy of appication. jie Fanjan Sharan vs, State of Biter, 1986 PLIR 8B (FB). 4 ‘The mele. pendency of an application for a licence cannot ale aay right or Bclim to applicant tor operating. V.C. Recorves. Applicants for. rant of cence Eciirot be permitted to operate uring the pendenye be charged. . . {@) No persen other than students and staff of the Institutions, menibers of ye Managing Gommitlees of the Institutions ang any gueste enocially invited by {HE the authorities of the institutes and those enumerated under concition (8) below £1 onal be acrvitied to tho show. (4) Only narvinflemmable'ilm ang fm stips shallbe exhibiled or permitted to.be exhibited. “ 22 46)No advertisement films shall be axhibited or permitted to'be exhiblted. *(6)-AM Mstatés wiiten avall thernselves of this exemption shall maintain & ‘eg)ster of the films exhisted and comply wlth eny cthar diiectins that may be sucd. in this behalf.by the State Gevarament, The: regisier shall be. open to spection by duly authorised offices of the State Goveremment. 247) This exemption shall be valid fora period of one year with etek ‘fromthe it of aad 0! hie rotitigation, yaless revoked azrier..~ ~ 4) Employees 6 the State Government, members of the Central Board of “Bis Consors and lls Advisory Panels. and Rogional.2nc, assistant Regionat Fecera ol tha Board ongaged in the clseharge of thls fica! ties shall be ake Repeat. ‘of Act 11 “of 1918. Giesnnicites ato ol Bihar and in.80 far ait relates to matter other than the Comments &:Cese-faw: [Altuigh Sec 41 has repeoiod te Coematograph Act, 1848 ia-s0: 8 application 49 the State of Bihar ie Siale Goovernmenl hes power t6 cirect e Distt Magistrate tinder Rule 43.10 fefiew the lconce beyond:six months ‘auae even alter the repeal the Rugs made by,the Stale Goverment tinder. ° fepealed Act of tuts-cortinue tebe Toga enintence ard yal, AYA, 1OR7 BIMAR CINSMAS (REGULATION) RULES, 1974 -8.R. 192 the 1th October $974.~-It exercise of the nowers Conterred by seotion € of the Bihar Cinemas (Regulasion) Act, 64 (Act XV of 1954}, and i supersession of the rules pub! she with Notticaton no. 319 éatee Bih Novemiar, 1937 zs amended from time to tine, tre Governor of Bihar s pleased to make tha following rufes, the same having been proviously published as required by cut section (3) of Seation Saf the sad Ad. 1, Short title, —These Rutlos may he called the Bihar Cinema (Regulation) Rules, 1974, 2. Definition. In these rules unless thore is anything repugnant in the subject cr context— @ “Act” moans the Bihar Cinemas (Regulation) Act, 1954 (Binar Act XV of 1954), (@) “license” nieans a fioenes grenisd under the provisions ot the Act Gil) “icensing authority’ means the authority referred 1 in section & oF the Act Gv) “person” means any adult male or female Individual and inaludeo any ‘company or association or bedy of indivicuelo, whether incospoteted or not; : ‘¥) “permanent buitcing” meens & building which Is constructed for Pemanent use wih stone, mud prick mortar, cement er other oniriftammable matetiat, (vi) “emporary building" means a bullding which is not a permanentbuileing: (vi) “icensee’ means a person who is granted a liosnca In accordance ‘those rules and includes 4 parson appointed, underintimation in ‘writing 10 the licensing authority, as his agent;and ‘ S[wiia) “corrupt practica” includes. purchase and sate of Tickets at a price higher than that statoc an the face of the lickets . ‘words and expressions used in these rules but not defined herein shall have the same meanings as assigned to them in the Act. *{r() “Muktiploxt means that entertainment centre which have two ormore sinera hails consisting of minitaum 7000 seals jointly andin addition fo having more other means of entertainment." °3, Procedure tor the grant of permission for constructing permanent . Ciriema House.—(i) Any arson desirous of constructing a permanent building to ‘be. uséd for ‘cingmatoarach exlibition ‘shall cubniit an application in witing in quarduplicate giving all necestary artioulare %as specified in the Appendix A to ‘tho Dicirlet Magistrate (horeinatter referred to as the Licensing Authoriy) together swith aifo and plan of pernarent building. “ . 2) RAPPENDIX A Song 8s 4Se9 Rule 8) ‘Pariicivlars to be turnished atthe’ time of applying for grant of perinission for, the construction ofa Permanent Cinema Honre.» Ss Sc “ Loon Kay lan drawntoa minimum sale of 880 to.an inck stowing the folowing information; — SPR Urge atig Ma Mite Ne? Me 1. Ins by 8.0, 1975 datos 18.12.1976: 2. Ins. by $.0.739 dared 90.8. 1978. 3. Not! No, 2308 datéed 26.6.2006 ° eee a1 Cinemas (Hegulation) Rulos, 1974 Rules 2-3] (a) Uxact area aiid dimensions of the site (3) Fight of way (width) of the adjoining roads and lanes up to a minimum, distarice of 500 yards, {€) Tho oxact locaton of citss whore the folowing types of britsings: are wecsting:— {) a place of worship; (i) @secognisod socondaty school or collage or any residential institution attached thereto; (it, any other recognised educational institution attached thereto; (i) a public hospital ora hospital with an indoor patient ward, () an orphanage containing one hundred of more inmates; (vi) any other places cansiderad to be unsuttable for this purpose, (4) Coinmescial establishments already functioning in the vicinity of the proposed cinema site 2, Ske Plan drawn to a minimum seale of $00 feet fo an inch showing the owing intermation: (a) The exact dimensions of the plot. (6) The exact locationin outfine of the proposed Cinema and other buildings Tadlcation with simensions the distance between the proposed buildings and the pepery lines 40) Clear demarcation of ingress egress and of pedestrain and vehicutar ttf. (@) The exact focation with numbers of parking of Cars, Scooter, Motor Gydles and Gycles... (6) The right-ol way (Wlath) of roads proposest in the approved Mester Plan, fl Developme Plan or any olher developmen scheme drewa ky ie competent juntas i tre ata unclonng uber yalous Aas Be 3., Building Plans drawn toa minimim seats of 16 feet to an inch showing ail She details required for submission 19 the competent authority functioning under 6 oF more of the following Acts/Ordinances;-es the case may : (a) Binar ant Orissa Municipal Act 1922, 2 1) Paina Municipal Comoration Act:1951! |e) Bhar Restticiion of Uses of Land Aol, 41948. {q) Bhar Town Planting anc! improvement Trust Act, 4951. vje) Bihar Regional Development authority. Ordinance, 1977; 4-Landuse af fhe sito proposed in he Master Pan andthe Zonat Development Elen approved forthe arzaunder the raspective Acty/Oxdinances, 5. Mlestad canias of the Gear itle on the lend of the applicant] fi) All such applications. shall be consldared_at:a-mesting of the Cinema igoly committee consisting of-the Licenelag - Authority. “Superintendent of ‘Civil Buigear, Exeouve, Engineer, ‘Building Construction Depaitment, table person froin Tire Brigade Office] and the Chairman of tho Municipal Body, Ri theto bo one inthe town for which licence is sought and an Oficer inchargo of i Yovin Platining Organisation ct ah Offes! authoileed by hie 'n this behal, ‘On receipt of an application, the Licens 'y Shall cause to be Nod in the Civi and Criminal Court of Lazal Jurisdicton, she ‘office of the lapal ipal Body or any other conspie'ous:place fh locality notice specifying 470) Bihar Entenainments Tax Manual i Pute 4 therein the name and ad:hese of the applicant and the buikliig and 6te plans with Plot number, taut netrises, thera rumnber anki maize O° vile or iow intiig Cbiections trom the persons interested oy the genoraby public within 15.deys of the date of notice regarding the suitability of site for a permanent cinema house, {00 For cisposal o! all such applications or the objections, # ony, fled within the stipulated period, the Licerising Authority chal hold a meting of the Cineme Advisory Commitize, Tha Committee shail subreat Hs findings i.iriting t6 the Licensing Authority who shall send to the State Government his recommendations regarding the sutabilty of the site and the destability of granting permission for construction of a permanent cinema house thereupon. The decision of the State Goverhment sna! be final. | 4. Restriétion in regard to the locations of Cinema—(2) Nopermanentor temporary Cinoma house shell be allowed 19 be constructed within 200 yards of-—- () @ place of worstip; @) a recognised Secondary Schoo or College or any resicentia institutton altéehod thereto; {ii}ary other recognised educational institution attached theret ) @ public hospital or a hospital with an indoor patlent ward; () an orphanage containing one hundred or more inmates; : () any othor place declared unsulabieby the State Govermentforthis. Purpose. : 4 (0) No permanent of temporary Cinema shall be aligwed tobe coristuoted on the site which may upset the Master Pian or in any thickly populated area ich fs either exclusively residertial or-a rastrcted are or used generally 1or Fesidental purpoce as distinguished frm business puirpose: Provided thet tne licensing Authority may for Sufiiciert seaschs and withthe Prior approval of 1a Stale Govern ent, telax this rule or any part fhereot in any Case and specially in the case of Cinemia houses already completed or nowing ornptation with the aeproval of the authorities empowered in this behalf by the ‘State Government prior to the commencement of these rules... \ 231.0) Space for parking of ar, ote.No pemianent.Cinartia house shal) ba ‘algived to ‘be constructed ‘ules has provision ‘ot ‘adequate ‘space in:Iis . sAing eapactly G77 sq fu/tOcseate) {17100 saate) ps 065 2g. nts £7 8, rarkieny space for eat band 4.4 3g, metroy, exspaetivoly (@) Planning standard for tie construction of pesmanent cinema houses tw toms having @ population of more than 2 takhs, Ginamia nouecs with Cinema houses wit Amoritios tho coating capuolly of Ihe sesting capecity 50 1805 and more, Minimums breed fia ir the are. prescibved, . Winimumbroadtn of 43. metres 20 matios. tho road feeing tho cineme house. Set Deck Front 9 metres 2 metres. ‘Both sides A metres y 6 metres, . Back A motice & metres. For perking— . 8.2% of the total sea- 2% of the total sea fing eapecity (730 sa. ‘ing canadity (710 sq, : feo onairs}. 2s 4.7100 eats). | Motor cycle 10% of otal enaling oa- 10% of total eaating a eapecity (@28.9q. 117 hats) 400 chasis.) Gye 0s 08% of total seating ca 25% of total seating. ‘pacity (877 39. ft/100 capacity (G77-84, 117 ‘ shes) ‘ 209 chairs). 58'sq. matias(6 ay, ©" 10.66 eq. mates (75g, ‘ ES i ety Hote Parking place tor Carsholid Tol be fess han 200 sq metres and haveera acontr traps 2 eyCe should not be tess than 8.64 metfes and 4 () Construction of shie ma houses intone nc Stinittod only inihose psioe0 which are located tn cormmevcial Grid in areas under the present tis or have boleh shown as. pidpOsed commercial snd Induistlal areas in the (2) On the bails of the masior pian for towiis the construction of ciriema feises would be permited in: the-neighbourhood centas‘also shown in tho vfeslentia area. Ge) No periabagn woule be ‘gion for ovistrcion of éinerna houses within JS mottes of the following Flaces:— / la) Appidved of ald place of worship’ Biher Entertainments Tax Manuul {©} Seno! ote, recognised by the Government (@) Hospital with 50 or more beds. Ginema houses Up to a total capactly of 250 seats can however be bla within 75 metres. @) On a single piece of plot, permission for constmcting more than one would be givén provided all Knds of socurity requirements have Been token care oi sides bun ts the sey ~~ G) Wheré pervilssicii lor constructing cindina house adjacent to withii or in the compound of another building proposed to bo used can be accorded on the basis of the master plan or its-bye-faws, stich permission may he given sor constructing the cnema house only on the ground floor and net in the basement ot on the upper floors. : (@)No portion of a cinama house is ta he used as tactory, workshop, store oF atol ote, bul for tho sake of ruming the cinoma house parmicsion te tart a fow

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