Sikkim Cinemas (Regulation) Rules, 1979

Sikkim Cinemas (Regulation) Rules, 1979

Published vide Notification No. 4/1 (41)/LSGJ79, dated 09.03.1979

Last Updated 2nd March, 2020 [sik037]

Notification No. 4/1 (41)/LSGJ79, dated 09.03.1979. - In exercise of the powers conferred by section 9 of the Sikkim Cinemas (Regulation) Act, 1978 (No. 20 of 1978), the State Government makes the following rules for the regulation of cinemas in Sikkim namely:

1. Short title, commencement and extent. - (i) These rules may be called the Sikkim Cinemas (Regulation) Rules, 1979.

(ii) They shall come into force with effect from April 1, 1979.

(iii) They shall apply to all cinemas in Sikkim.

2. Definitions. - In these rules unless there is anything repugnant in the subject or context -

(i) "Act" means the Sikkim Cinemas {Regulation) Act. 1978;

(ii) "auditorium" means that portion of the licensed premises where accommodation is provided for the public to view the exhibition of cinemas from time to time;

(iii) "cinema" means the entire place licensed for cinematograph exhibition and includes all appurtenances, plant and apparatus located therein;

(iv) "Government" means the Government of Sikkim ; of the State

(v) "licence" means a licence granted under the provisions of the Act and the rules in the form set out in Appendix I [in case of Cinematograph exhibition and Appendix IA in case of Video Cassette Library] to these rules;

(vi) "licensing authority" means the authority referred to in or constituted under section 4 of the Act;

(vii) "licensee" means a person who has been granted a licence in accordance with these rules 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;

(viii) "permanent building" means a building which is constructed for permanent use with stone, mud, bricks, mortar, cement or other non-inflammable material;

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

(x) "temporary enclosure" means that portion of a place licensed for special cinematograph exhibition or of a travelling cinema where cinematograph apparatus is kept or erected or where films are stored and wound.

3. Application for constructing a cinema building. - (1) A person desirous of obtaining a licence for cinematograph exhibition shall first submit an application specifying the site on which the cinema building is to be constructed together with a plan and specifications thereof to the Government.

(2) The plan mentioned in sub-rule (1) shall contain the elevations and sections of the building, the proposed electrical installations, arrangements for ventilation, sanitation and parking of vehicles and the position of the premises in relation to adjacent premises and public thoroughfares on which the building abuts, within a radius of two hundred metres.

(3) The Government may, if it is satisfied that the site, plan and specifications fully conform to the requirements of the rules, grant to the applicant a certificate signifying its approval thereto. The period within which the construction of the building shall be completed shall also be stated in the certificate.

4. Application for licence. - [(1)] An application for the grant of a licence for cinematograph exhibition shall be made to the licensing authority and shall contain full particulars of the ownership of the premises and his interests therein and shall be accompanied with the following documents

(a) the order of approval of plan under sub-rule (3) of rule 3;

(b) plan of the building and premises containing the specifications mentioned in sub-rule (2) of rule 3;

(d) a certificate from the Power Department of the Government that the electric installations conform to the required standards and existing rules;

(e) a certificate from the Chief Fire Officer that the arrangements for fire fighting appliances provided and the precautions taken against fire conform to the requirements of the existing rules.

(f) a certificate from, the Gangtok Municipal Corporation in respect of areas within the limits of the Corporation and the Chief Medical Officer of, the District in all other cases, that the: arrangements for sanitation conform, to the requirements. of the existing rules.

[(2) An application for keeping a Video Cassette Library shall be made in writing and shall contain

(a) Name and Address of the applicant;

(b) the place where the Video Cassette Library is proposed to be opened; and

5. A licence for cinematograph exhibition; may be granted by the licensing authority in respect of permanent buildings for a, period not exceeding one year, renewable on expiry for a similar period of not more than one year at , a time.

6. Every licence granted prior to the coming into force of these rules, shall be deemed to have been granted with all the' conditions and restrictions prescribed by these rules until a new licence is granted.

7. (1) Nothing in these rules shall affect the discretion of the' licensing authority to refuse a licence to any applicant if, for reasons to be recorded in writing, the licensing authority considers it necessary so to do in the public interest.

(2) An order of the licensing authority refusing a licence under sub-rule (1) shall be appeal able. The appeal shall lie to the Government or any other officer appointed by the Government for this purpose and shall be entertained only if it is filed within thirty days of the communication of the order of refusal to the applicant.

8. (1) No licence shall be granted or renewed in favour of any person unless

(a) he or his agent appointed for the purpose and referred to in rule 2 (vii), is residing in the town, bazar or area within whose limit the cinematograph exhibition is intended to be given, and

(b) the licensing authority is satisfied that the ,requirements of these rules have been fully complied with.

(2) No building except one already licensed for cinematograph exhibition before the coming into force of these rules, shall be so licensed

(a) If it is situated within a radius of 100 metres from the Raj Bhawan, the State Secretariat, the High Court; or

(b) if it is situated within a radius of 50 metres from

(i) any recognised educational institution or any residential ,institution attached thereto; or

(ii) a public hospital with indoor patients; or

(iii) a place of worship; a, cremation ground, a graveyard, a cemetery; or

(iv) any building housing an office of a head of the department of the Central or the State Government or any Court of law;

(v) any other institution which the Government may consider necessary in public interest to declare an institution to which this clause shall apply; or

(c) if for any other sufficient reason to be recorded the licensing authority is satisfied that the location of a cinema at the site of that building is not in public interest; Provided that the licensing authority shall not refuse a licence under clause (c) except with the prior approval of the Government.

Explanation. - For the purpose of this sub-rule, the licensing authority shall, subject to the general control of the Government, determine what is a public hospital or a recognised educational institution and its decision shall be final.

9. The, license shall not, during the currency of the licences make any alteration or addition in the auditorium except with the consent in writing of the licensing authority.

10. Subject to rule 11 the licensing authority may, with the approval of the State Government, grant temporary licence for' the regular exhibition in a structure other than a temporary structure or occasionally in the open air or in buildings not regularly used for exhibition of films, on such conditions as may be deemed necessary to secure the safety of the public.

11. Conditions for temporary licenses. - No temporary licence shall be granted

(a) unless an application is made to the licensing authority at least two weeks before the date on which it is proposed to give the first exhibition;

(b) for a period exceeding one month at a time;

(c) for any exhibition for the purpose of which electrical energy is generated or used for lighting the auditorium or operating the projector unless an officer deputed by the Power Department of the Government has inspected the electrical apparatus and the fees are paid in accordance with the relevant provisions; and

(d) unless adequate precautions have been taken against outbreak of fire to the satisfaction of the licensing authority.

12. Exemption of special cinematograph exhibition from the provisions of the rules. - Where a special cinematograph exhibition is to be given in an institution, club or other place and it is not practicable to provide therefor a fireproof enclosure, the licensing authority may, for reasons to be recorded, dispense with the requirements of any of these rules by specifying the same in the licence. A space of six feet shall, however, be railed off round the cinematograph. apparatus if the conditions applicable to temporary enclosure are for any reasons relaxed. No drapery and no unprotected combustible material other than film or that composed by the floor, shall be within six feet of the cinematograph apparatus. Before granting any such licence the licensing authority shall ensure that adequate precautions are taken against a probable outbreak of fire and for the safety of the film.

13. Travelling cinemas. - (1) The licensing authority may grant a licence for a period not exceeding six months to a travelling cinema for cinematograph exhibition on such terms and conditions as may be deemed necessary. No travelling cinema shall exhibit film in any local area for a period exceeding three months at a stretch.

(2) A person desirous of obtaining a licence for a travelling cinema shall apply to the licensing, authority attaching to. his application a plan and description of the building or structure in which films shall be screened. The plan shall, show the seating arrangement in the auditorium with exits, gangways, passages and the projection place.

(3) If a licence is granted, the, plan and description, aforesaid duly corrected or amplified where necessary and certified by the licensing authority, shall be attached to the licence. The terms and conditions of, the licence shall be liable to modification by the licensing a authority at any time and this fact shall be stated in the licence which along with the plan and description shall be produced an demand by any person authorised to inspect the cinema.

(4) The licensing authority may refuse a licence to a travelling cinema if in its opinion any portion of the building or structure is in dangerous proximity to, any other building.

(5) The fee payable by the licensee, far the grant or, renewal of a permanent or temporary ,licence under the, Act or far the issue of a duplicate copy thereof shall be-credited to the revenues of the State and, shall be levied at the fallowing scales, namely:

(i) For the grant or renewal of a licence for a permanent cinema for a period -

(a) not exceeding one month	...	Rs. 100
(b) exceeding one month but not exceeding six months	...	Rs. 600
(c) exceeding six months but not exceeding one year	...	Rs. 1,200

(ii) Far the grant or renewal of a licence for temporary or travelling cinemas for a period

(a) not exceeding one month..	...	Rs. 75
(b) exceeding one month but not exceeding three months	...	Rs. 225
(c) exceeding three months but not exceeding six months	...	Rs. 450

(iii) Fee for the issue of a duplicate copy of a licence to the licensee shall be 75 per cent of the respective fee for the original licence as prescribed above.

14. Renewal of licence. - An application for renewal of licence shall be made one month before the date of expiry of the licence, failing which a penalty of Rs. 5 shall be leviable in addition to the renewal fee.

15. Revocation or suspension of licence. - (1) The licensing authority may at its discretion revoke or suspend the licence granted to any cinema within its jurisdiction if it is satisfied

(a) that the licensee is responsible for a breach of any of the provisions of the Act or of the rules or any condition of the licence, or

(b) that any unauthorised alteration is made in the building or the seating arrangement or enclosure, or

(d) that the licensee has failed without sufficient cause to comply with any direction given under the Act or the rules, or

(e) that the cinema is used or conducted in a manner prejudicial to the public interest.

(2) A licensee aggrieved by an order passed under sub-rule (1) may appeal to the State Government or any other officer appointed by the Government for this purpose, within a period of thirty days of the communication of the order of revocation or suspension.

(3) The order shall be deemed to be duly served if it is tendered to the licensee, or, where in the opinion of the licensing authority personal service cannot be effected, if a copy of the order is affixed at a prominent place on the premises owned or controlled by the licensee.

16. Electrical requirements. - The licensee shall comply with the conditions relating to electrical requirements as are given in Appendix II to these rules.

17. Inspection of electrical installation. - (I) Every permanent building with electric installation shall be inspected by an officer deputed by the Power Department of the Government once every year and if at any such inspection any defect in the installation is noticed he may make further inspections subsequently at any other time of the year to satisfy himself that the management has removed the defect satisfactorily.

(2) The following fees for inspections made under sub-rule (1) shall be payable by the management and shall be credited to the revenues of the State

(a) for the initial inspection Rs. 75

(b) for annual inspection Rs. 50

(c) for any subsequent inspection rendered necessary by the existence of defects at the initial or annual inspection Rs 25

18. Removal of defects. - The licensing authority shall cause notice to be given to the licensee requiring him to remove the defects ascertained within a period which shall be prescribed in the notice.

19. Control of sound from cinemas. - When granting or renewing any licence the licensing authority may prescribe the distance beyond which sound shall not travel from the cinema. Licensees.shall not cause noise outside cinemas by the use of loudspeakers, gramophones, trumpets and drums etc.

20. Booking office. - Booking offices shall be so situated as not to cause any overcrowding in the side verandahs and main entrance If necessary, a separate window with sufficient standing space protected by rail for the use of ladies only may be provided if so required by the licensing authority.

21. Ventilation. - (1) All parts of a permanent building shall be properly and sufficiently ventilated.

(2) Unless the auditorium of a permanent building is air conditioned, it shall in addition to natural ventilation be provided with sufficient number of power-driven exhaust fans suitably located and of adequate size, at least one large size exhaust fan being provided for every 150 persons. The number and size of such fans shall be approved by the licensing authority and shall be entered in the licence. All exhaust fans shall be kept working during performances except when the air-conditioning plant, if any, is working.

(3) When windows or skylights which provide, internal ventilation have to be darkened or obscured free permanent ventilation shall also be provided through; ridge or ceiling ventilators. The clear opening of such ventilation shall be not less than one square foot for every ten persons accommodated :

Provided that the licensing authority, may relax the condition in the case of buildings already constructed and having sufficient ventilation otherwise, if the extra ventilation is likely to prove very expensive.

(4) Except in the case of air-conditioned buildings, ceiling and bracket fans in such numbers and of such size as may be approved by the licensing authority, shall be provided in addition to exhaust fans.

(5) If more than one exhibition is given on any day, the entire auditorium shall be flushed with air for at least fifteen minutes before each, exhibition, and shall be aired thoroughly No spectator shall be permitted to be present in the auditorium during this period.

22. (i) The premises shall be, kept clean and the auditorium shall be swept and cleaned before each exhibition.

(ii) Latrines and urinals separately for men and women, at different places, and of a suitable type, and design shall be provided.

(iii) There shall be not less than one latrine seat for every 100 persons or less and not less than one place for urinating for every 50 persons or less of the total seating accommodation:

Provided that at least two latrine seats and five places for urinating shall be provided for women.

(iv) latrines shall be cleaned and flushed immediately before and after each exhibition and shall be properly washed with a disinfectant at least twice a day.

(v) In the case of water-flushed latrine or urinal a separate water reservoir of adequate capacity shall be provided for flushing.

(vi) The management may subject to the direction issued in this behalf by the licensing authority refuse admission to or eject persons known to be suffering from a loathsome or infectious disease. contagious,

(vii) The rooms, passages and staircase of all permanent buildings shall be lime washed and all iron. and woodwork of such a building shall be cleaned or varnished at least once every year and shall at all times be kept clean and free from dirt.

(viii) The doors and windows of the halls of the building shall be left open for at least three hours every morning and for half an hour between shows. During the half-hour intervals between the two shows the auditorium shall be disinfected with an aerosol approved by the Chief Medical Officer of the district. The auditorium shall be swept, cleaned and disinfected every morning.

(ix) The Gangtok Municipal Corporation for cinemas within the limits of the Corporation and the Chief Medical Officer of the district for cinemas in other areas shall be responsible for periodical inspections of the cinemas to see that sanitary conveniences and arrangements for making the premises clean as provided under the rules are being complied with and any instructions given in this regard and as laid down in the rules shall be complied with by the management within the time specified.

23. Seating accommodation. - (i) The licensing authority shall determine the maximum number of seats for each class separately and the same shall be specified in the licence and prominently displayed near the entrance door to every class in the cinema.

(ii) Except ground floor and first floor no other floor for seating shall be permitted in permanent cinema buildings.

(iii) The seating shall be 80 arranged as to leave free access to the exits.

(iv) The seating space assigned to each person shall be not less than 18 feet. Seats shall have back supports and armrests for each person.

(v) The rows of seats shall be 80 arranged as to leave a clear space of not less than 15 inches between the back of one seat and the foremost portion of the seat in the row behind measured between perpendiculars.

(vi) All seats except in the boxes shall be securely fixed to the floor or shall be firmly secured together in complete lengths; the complete line shall be firmly attached to the floor. Seating on the floor shall not be allowed in permanent buildings.

(vii) The distance between the front row of the seats and the screen shall be not less than 18 feet.

24. (i) A clear gangway not less than three feet wide shall be kept all round and not less than four feet wide in the centre; and shall be so arranged that no seat shall be more than 10 feet away from a gangway;

Provided that in an auditorium of less than 30 feet in width the centre gangway may be omitted. Temporary seats must on no account be placed in the gangways.

(ii) The licensing authority may, having regard to the large number of seats in an auditorium, require that a gangway or gangways, of a specific width, shall be provided parallel to the rows of seats to secure direct access to exits.

(iii) An adequate number of clearly indicated exit doors as may be determined by the licensing authority, shall be provided to afford safe and speedy egress for the audience.

(iv) All doors through which the public must pass in using any stairway, corridor or other passage for exit shall remain unbolted during the entire period of the exhibition.

(v) Passages, gangways, corridors, landings and lobbies shall be kept free from all obstruction at all times to enable quick egress.

(vi) Walls or passages, gangways or corridors shall not have any recess nor shall there be any projection there from within 6 feet off the ground. Lights shall not be hung to a height less than 7 feet above floor level. Fire appliances are not included within the purview of this sub-rule.

(vii) No stairway shall discharge into a passage or corridor against or across the direction of the exit.

25. Fire precautions. - In regard to precautions against out-break of fire in the Cinema the licence shall provide such fire extinguishing appliances, equipment and other facilities and also observe such conditions as are given in Appendix III to these rules.

26. Prohibition of use of building for purposes other than that of a cinema. - No portion of a cinema shall be used as a restaurant, boarding house, shop, factory, workshop or manufactory or for the purposes of storage or for the preparation or sale of food and drink except with the sanction of the licensing authority and subject to such conditions and restrictions as may be imposed and specified by it in this behalf nor shall any portion of the cinema be used for residential purpose by day or night.

27. Entry into projection room or winding room. - No person other than the licensed operator, the engineer-in charge of the installation or the licensee shall be permitted to enter the projection room or the winding room during a performance.

28. Prohibition of naked lights and smoking in projection and winding rooms. - No matches and candles or any other naked light shall be used nor shall smoking be permitted within the projection room or winding room. A notice bearing in red letters the words "smoking strictly prohibited" shall be prominently displayed in each of these rooms.

29. Cinematograph machine. - The cinematograph machine shall be placed on firm supports of fire-resisting material fixed to the floor of the projection room. Only standard and fireproof machines shall be used and the following sub clauses may serve as a guide, where necessary:

(i) The body of the cinematograph machine shall be constructed of metal or lined with metal and asbestos in the latter case there shall be an air space between metal and asbestos lining. The bottom of the cinematograph machine must form a metal tray which shall be surrounded by a vertical edge at least one foot in depth.

(ii) The cinematograph machine shall be provided with a metal shutter which can be readily inserted between the source of light and the film gate.

(iii) The shutter shall be immediately dropped in the event of any accident to the cinematograph machine or stoppage of the film and shall only be raised when the film is in motion for the purpose of projection.

(iv) The film gate shall be of massive construction and provided with ample heat radiating surface and the passage for the film shall be sufficiently narrow to prevent film travelling upwards or downwards from the light opening.

(v) All cinematograph projectors shall be fitted with two metal film boxes of substantial constructions not more than 18 inches in diameter inside measurement, to and from which the films shall travel;

Provided that where only one film is used for the purpose of exhibition, the film box may not be more than 20 inches in diameter.

30. Winding room. - (1) The winding room shall be constructed entirely of fire resisting material and shall be large enough to allow the winder to operate freely. It shall be situated apart from the projection room and auditorium but in the case of cinemas already licensed or the construction of which has started before these rules came into force, the licensing authority may, for reasons to be recorded, permit the winding room to adjoin the projection room. The winding room shall have no openings in the wall so as to permit communication with the auditorium or public passages.

(2) The winding room shall be closed by a closely fitting self closing door of fire-resisting material which shall only be opened for ingress and egress and shall remain closed during the entire period that the entertainment is in progress. Suitable arrangements shall be made for ventilation in the winding room and one or more electric fans of suitable dimensions shall be provided by the licensee.

(3) Only electric light shall be used in the winding room and any lamps in proximity to the film shall be closed in a stout fitting designed to prevent breakage of the bulb.

(4) Spools shall be chain or gear driven and films shall be so wound up on spools that the wound film shall not at any time reach or project beyond the edges of the flanges of the spool.

(5) The winding of films shall not be carried out in the projection room while an exhibition is in progress.

(6) All films which are not in use shall be kept in containers specified in the Cinematograph Film Rules, 1948, made by the Central Government under the Petroleum Act, 1934 (XXX of 1934).

(7) Excepting a film which is being wound or stored, no inflammable article shall unnecessarily be taken into or be allowed to remain in the winding room.

(8) All cinemas in permanent buildings shall, without exception, be required to provide and use a winding room in accordance with the above requirements.

31. Film storage. - For the storage and transport of cinematograph films having a nitro-cellulose base, the Cinematograph Film Rules, 1948 shall apply.

32. Operators. - (1) At least two operators and one additional operator for every additional machine holding valid permits, shall be engaged in manipulating each projector and no other person shall be allowed within ten feet of the machine during the exhibition except the licensee himself or any technician authorised in writing by the licensee. It shall be the sole duty of one of the operators to take charge of the films after they have passed through the machine. The other operators shall be in charge of the machine and the projection room or operating box.

(2) An operator's permit shall be granted by the licensing authority in the form set out in Appendix IV to these rules, and a fee of Rs. 10 shall be chargeable for each such permit. No fee shall, however, be charged in respect of permits issued to operators in Government employ.

(3) A permit shall not be granted to any operator unless he.

(a) possesses a working knowledge of cinematograph machine and in particular a working knowledge of the type of machine which he is to operate;

(b) is thoroughly conversant with the rules and conditions regarding precautions against fire, Film storage, Operators.

(d) is proficient in the handling, winding, repairing and cleaning of films.

33. Only certified films to be screened. - No licensee shall screen or allow to be screened any film which has not been certified by the Board of Film Censors constituted by the Central Government under Section 3 of the Cinematograph Act, 1952 (Act No. 37 of 1952). Films shall be shown in the same form in which they have been certified by the Board. Films with censor certificate the validity of which has expired shall not be screened.

34. Conditions regarding films with 'A' certificate. - If the Central Board of Film Censors has granted an 'A' certificate in respect of a film, which means that its exhibition is to be restricted to adults (persons who have completed their eighteenth year) only, due publicity shall be given to this fact by the licensee through posters and newspapers and no person who is not an adult shall be admitted to the auditorium to witness such film.

35. Display of posters. - No obscene, immodest or objectionable poster, placard, hoarding or pictorial material shall be displayed at the show windows or lobbies of the Cinema house or at any other place within the licensed premises or anywhere within the town, Bazar or area where the cinematograph exhibition is given.

36. Checks by officers of the Information Department. - In order to ensure that the conditions mentioned in rules 34, 35 and 36 are duly observed, the Secretary to the Government in the Information Department and any officer authorised by him in this behalf, shall have power to make surprise checks of the cinemas and the licensee shall ensure that they are allowed to do so without any hindrance.

37. Power of State Government to make inspection. - The Secretary to the Government in the Department dealing with the subject of Cinemas and responsible for the implementation of the Act and the rules made there under, shall have the power to inspect any Cinema, or authorize any officer to do so, at any time, for the purpose of ensuring that the provisions of the Act, rules and directions issued thereunder are duly complied with by the licensee.

38. Inspection Book. - An inspection book shall be maintained by the licensee in which all inspection notes under rules 18, 37 and 38 shall be recorded.

39. Power of State Government to issue directions. - The State Government shall have power to issue necessary directions as it deems fit from time to time for proper implementation of the provisions of the Act and the rules framed thereunder and also to amend or to modify the terms of the licence granted by the licensing authority and also any other order passed in connection with the exhibition of films in the interest of the public.

Appendix-L

(See Rule 2 (V))

Form of Licence

The....................Cinema situated at .................. in ............ ......... within District.................... of Sikkim is licensed under Section 5 of the Sikkim Cinemas (Regulation) Act, 1978, (20 of 1978) as a place where exhibition by means of a cinematograph may be given from.................................. .19..........to .......... ... ..................... ... .19 ......... ......both days inclusive.

This licence has been granted to ...............................(hereinafter referred to as the licensee) and shall be terminated forthwith if the licensee ceases to own, to hold on lease or to manage the laid cinema.

This licence is granted subject to the conditions set forth in the rules framed by the Government and to the following further conditions

(1) that the licensee shall not exhibit, or permit to be exhibited, in the said Cinema any film other than a firm which has been certified as suitable for unrestricted public exhibition or suitable for public exhibition restricted to adults under section 5A of the Cinematograph Act, 1952 and which when exhibited, displays the prescribed mark "U" or "A", and has not been altered or tampered with in any way since such mark was affixed thereto.

(2) that the licensee shall not exhibit or permit to be exhibited in the said Cinema to any person who is not an adult any film which has been certified as suitable for public exhibition restricted to adults only.

(3) that the licensee shall cause to be exhibited at each performance in the said Cinema one or more approved films and shall comply with any direction which the Government may by general or special order, give as to the manner in which approved films shall be exhibited in the course of any performance.

(4) that the licensee shall not exhibit or cause to be exhibited at any performance in the said cinema

(a) any advertisement regarding sexual diseases and medicines to correct sexual disorders or purporting to assist the childless in begetting children etc; and

(b) any indecent, obscene, immoral or suggestive advertisement, pictures or posters on the premises of the said Cinema.

(5) that the licensee shall give a preview of the film to the licensing authority or any other officer or officers deputed by that authority if it is reported or comes to the notice of the said authority that the exhibition of the film or any portion thereof is liable to cause breach of peace.

(6) that the licensee shall, if so required by the licensing authority, send to it previous information of every film proposed for exhibition together with a synopsis at least three days before its exhibition is proposed;

(7) that the licensee shall allow any officer authorised under the rules to inspect the said Cinema in order to see that the said rules are being observed;

(8) that the total number of seats in the auditorium and the seats fixed for each class shall not exceed the number specified in the Schedule appended to the licence nor shall the number and description of fire appliances, exhaust fans, electric fans or sanitary requirements be less than specified therein;

(9) that the total number of performances in the said Cinema shall not exceed the number specified in the Schedule appended to this licence nor shall the timings given in the Schedule for each performance be changed without prior permission in writing of the licensing authority

(10) that the licensee shall not display or cause to be displayed any photograph, pictures or posters which depict or represent or purport to represent a scene or shot which has been excised from any film under the orders of the Central Board of Film Censors or the Central Government.

Licensing Authority Government of Sikkim

Gangtok

Dated the.................19......

Schedule

1. Total number of seats in the auditorium.

2. Number of seats in each class-

(a) Dress Circle

(b) Balcony

(d) 2nd Class

(e) 3rd Class

3. Number of performances to be held each day.

4. Timings of the performances

(i) Summer ..........................................

(ii) Winter............................................

5. Fire appliances.

(i) Description... ............................................

(ii) Number...............................:

(iii) Location ..............................................

6. Exhaust fans

(i) Size and location..............................

(ii) Number............................................... ...,...

7. Electrical fans

(i) Description and size...........................

(ii) Number......................................... ............

8. Sanitary requirements

(i) Latrine seats ............

(ii) Urinal s... .............. .................................

9. Details of certificates and plans mentioned in Rule 4.

10. Remarks, if any.

Gangtok,

Dated The... ...... ... ......... 19......

Licensing Authority Government of Sikkim

Appendix-II

[See Rule 17]

Electrical Requirements

1. The electric installations in general shall conform to the Indian Electricity Rules, 1956, framed under the Indian Electricity Act, 1910 (IX of 1910) in so far as they are applicable.

2. No illuminant other than electricity shall be used in a cinematograph projector or taken into or allowed to remain in the projection room.

3. Where a cleat wiring or leading in wires of feeding fans or pendant lights run on wooden beams, or other inflammable material, they shall run in conduit so as to resist fire in the event of a short circuit.

4. Wiring shall be done in the manner specified hereunder.

(A) Projection Room

(i) Cables for projectors shall be taken as separate circuits from the supply side of the main fuse in general lighting circuit;

(ii) An efficient double pole iron clad switch shall be fitted within the projection room in the projector's circuit;

(iii) within the projection room the insulating material of all electric cables including the leads of the pendant lights and fans shall be covered with fire-resisting material;

(iv) The wiring in the projection room shall be in seamless screwed conduit with efficient bushes. Lead covered cables shall not be used unless enclosed in such conduits;

(v) All switch gears, fuses etc. shall be iron clad;

(vi) The body of the projections, switch gears, conduit, etc. shall be connected to the earth by means of not less than No.8 standard wire gauge copper wire

(vii) AII resistances, with the exception of resistance for regulating purposes shall be placed outside the projection room and winding room and if reasonably practicable also outside the auditorium. If placed inside the projection room or auditorium such resistance shall be protected by a gauge wire guard or other efficient means of preventing accidental contact with films

(viii) Where switch boards are installed in the projection room the space between any switchboard and the wall shall be enclosed with fireproof material in such a manner that the fire cannot spread to the wiring at the back of the switchboard.

(ix) No electric current, except with the written permission of an officer not below the rank of an Executive Engineer especially authorised by the Power Department, shall be at a pressure higher than 250 volts within the projection room, at any time.

(x) Not more than one-third of the general lighting shall be controlled from the projection room.

(B) Winding Room The above requirements for the wiring in the projection room shall apply to wiring to be provided in the winding room also.

(i) No illuminant other than electricity shall be used for emergency lights which shall have

(a) an independent source of supply such as batteries, or

(b) separate main fuses where supply is generated in the premises and a separate line with a separate pole fuse where the installation is fed by the town supply and metered separately.

(ii) Emergency lights shall consist of

(a) not less than two lights of 200 watts each in the auditorium;

(b) exit lights;

(c) lights in the doorways foyer, lobbies, verandahs, staircases. corridors and passages for all portions of the premises to which the public has access either generally or in emergency and on the extension of the building facing thoroughfares.

Note. - (a), (b) and (c) may each be controlled by independent switches or (ii) (a) may have an independent switch while (ii) (b) may be controlled by the second switch. All or both switches shall be fixed side by side.

(iii) All emergency lights shall be controlled from a switchboard installed in a convenient and easily accessible place in front of the building. None of the circuits of the emergency light shall on any account enter or be carried through the projection room or winding room;

(iv) (a) Boxes bearing the word "EXIT" painted (red) in three inch letters on translucent glass with dark black background shall be mounted over each emergency exit door and shall be either connected with the emergency light circuit or fed independently by means of a battery or lighted either with at least two oil lamps, or with at least one gas burner. Such exit signs shall be kept continuously alight during the entire period of a performance.

(b) There shall be "No EXIT" signs of the same dimensions as the 'exit' signs enclosed in dark background and in white letters.

(v) An efficient portable electric battery or torch with a fully protected bulb shall be kept available in one particular space in the enclosure and also in the place used for winding films throughout the performance and during all winding or rewinding operations.

(vi) Besides the normal lighting system installed in the premises, such other flights as may be required by the Power Department shall be provided for safe exit of the audience in emergency. Each member of the staff controlling admission to the auditorium and each operator shall be provided with an electric torch in working condition.

(D) Motor room

(i) The wiring in the motor room shall conform to the requirements of the Indian Electricity Rules, 1956.

(ii) A shock restoration chart which may be obtained on payment from the Power Department, shall be provided and hung in an conspicuous place on the premises.

5. All switchboards shall be constructed wholly of durable non-inflammable and non-absorbent material.

6. All fuses shall be provided with a suitable incombustible and insulating carrier of such form as to protect a person handling it from shock and burns and contacts shall be provided on the carrier to which the ends of the fuse can be readily attached.

Appendix-III

[See Rule 26]

Precautions Against Fire

1. Tanks. - In every permanent or temporary cinema there shall be provided on the top of the proscenium wall or in some other place to be approved by the Chief Fire Officer, Sikkim Fire Service, two cisterns (connected with fire service in the Cinema which shall always be kept filled with water. Each cistern shall be capable of containing at least, 1, 135 liters of water for every 100 individuals of the public to be accommodated in the cinema. These cisterns shall be fitted with an outside indicator suitably placed so as to show clearly the depth of water therein. The water shall be kept - clean and free from sediment and covered over with properly fitting covers so as to be mosquito-proof. The cisterns shall be cleaned once every year.

Provided that nothing in this clause shall apply to touring cinemas.

2. Hydrants/Hose Reels. - (i) An cinemas shall be provided with such number of hydrants/hose reels (not less than two) as may be determined by the licensing authority. These shall be fixed at such sites as may be approved by the Chief Fire Officer.

(ii) The hydrants/hose reels shall be connected to the cisterns provided for in Clause I by taking separate mains of 7. 5 cm diameter from each cistern and joined together by a single main not less than 7. 5 cm diameter.

(iii) Hose pipes with jet nozzles and required accessories shall also be provided as directed by the Chief Fire Officer.

3. Fire Buckets. - (i) Fire buckets of approved design with a conical base shall be provided in such numbers as the licensing authority may direct and shall be kept at all times full of water which shall be changed regularly twice every week. Fire buckets shall be kept in stands specially designed for the purpose. A pinch of lime shall be added to such water to prevent the breeding of mosquitoes. Buckets of dust or dry sand shall also be provided in such numbers as the licensing authority may direct and the attention of the public shall be drawn to the water and sand buckets by placards legibly painted and fixed immediately above them.

(ii) At least one bucket filled with dry sand shall be kept in some accessible position on the stage in readiness for use in dealing with an electric fire.

4. Portable fire extinguishers. - (i) Portable fire extinguishers of an approved type shall be provided in such numbers as the licensing authority may from time to time direct and shall be placed on brackets 1. 20 m from the ground. Directions for using them shall be prominently painted on the extinguisher or on a card placed over the extinguisher and the attention of the public shall be directed to them by placards legibly printed or painted and fixed immediately above them.

(ii) Portable extinguishers shall be filled or well cleaned and recharged 12 every months, a record of which shall be kept for inspection.

5. Fire Extinguishers etc. for enclosure. - Two pressure type fire extinguishers, two buckets of water, one bucket of sand and a blanket shall always be kept inside the projection room or enclosure. A large sponge shall be kept in one of the buckets of water and one fire extinguisher shall also be kept immediately outside the projection room or enclosure.

6. Curtains. - All curtains covering the doors and passages shall be hung so as not to trail on the floor.

7. Telephone. - In places where there is a public telephone system, the cinema building shall be connected by telephone with the nearest fire brigade station. at the cost of the licensee.

8. Firemen. - (i) In every cinema including a touring cinema, the employees shall be trained in the use of appliances and shall for such purposes be drilled periodically at least once in every month.

(ii) During an exhibition all fire extinguishing appliances shall be in charge of some person or persons specially appointed for this purpose. Such persons need not be employed exclusively in looking after the fire appliances but they must not be given any other work during an exhibition which would take them away from the building or otherwise prevent them from being immediately available in case of danger or alarm of fire.

(iii) The instructions to be followed in case of fire shall always be displayed in some conspicuous place so that all people connected with the cinema may be acquainted with them.

(iv) A report of any fire or alarm of fire, however slight, shall at once be sent to the nearest fire brigade.

9. Lightning Conductors. - Lightning conductors shall be provided in each cinema building.

10. No smoking shall at any time be permitted within the projection room, winding room or the auditorium. A placard shall be prominently exhibited both inside and outside the premises to the effect that smoking is prohibited.

11. In addition to the requirements mentioned above the licensee shall provide such other facilities for fighting fire as may be required by the licensing authority from time to time.

Appendix-IV

(See Rule 33(2))

Form of permit for cinematograph operators

Permit no..............

Whereas Sri ...............whose address is................. has been examined an found qualified to perform the duties of an operator he is hereby permitted under rule 33(2) of the sikkim cinemas (regulation) rules 1979 to operate a cinematograph machine within Sikkim for a period of three years ending ..19....

The licences fee of Rs.10/- (rupees ten) only payable for this permit has been realized and credited to the state revenue.

Place..........

Date....................

Licensing authority

Government of Sikkim


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