Setting up of Small / Cargo/ Container Theatres in the State – Certain guidelines



GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Home Department – Setting up of Small / Cargo/ Container Theatres in the State –
Certain guidelines – Issued.
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HOME (GENERAL.A) DEPARTMENT
G.O.MS.No. 4 Dated: 18-01-2018
 Read the following:-
1. From the Collector & District Magistrate, Visakhapatnam, Rc. No.
1454/2016/C1, dated: 30.09.2016.
2. Govt. Memo. No. 2514(P)/Genl.A/A1/2016, Dated: 16.11.2016.
3. From the Managing Director, Andhra Pradesh State Film Television and
Theatre Development Corporation Limited, Lr.No.
APSFTVDCL/NOC/2017, dated: 21.02.2017.
4. From the President, Telugu Film Chamber of Commerce, Andhra
Pradesh, Ref.No. TFCC/2015-17, dated: 01.03.2017.



O R D E R:

            In the reference 1st read above, the District Collector, Visakhapatnam has
sent a report regarding permission given in respect of a container theatre by name
“Balaji Village Cinema” in accordance with AP Cinema Regulation Rules, 1970
which was established in the premises of a “Drive – in – Theatre” in
Visakhapatnam. He has requested the Government to issue suitable guidelines for
establishing such small / cargo / container theatres in the State.

2. Government after careful examination of the report of District Collector,
Visakhapatnam, hereby issue the following guidelines for establishing small/
cargo/ container theatres in the State:-

i. The Container / Cargo / Small Theatres shall be treated as Temporary
theatres in accordance with the provisions under Rule 2(1)(c) (iii) of AP
Cinema ( Regulation) Rules, 1970.

ii. The requirements for construction on such theatres shall be followed
under Rule 6 of AP Cinema (Regulation) Rules, 1970 and specifications
mentioned therein under Para -2 of Appendix –IV of said rules.

iii. The restrictions on location of such theatres on the aspects of population
density and distances between two theatres shall be followed as per
Rule 7 (1) (a) 2(c) and (5) of AP Cinema (Regulation) Rules, 1970.

iv. The B-Form licences to such theatres shall be examined after obtaining
reports from Inspecting Officers in accordance with the provisions of
Rule 8 (b) and 9 (b), of AP Cinema (Regulation) Rules, 1970, read with
the guidelines issued vide G.O.Ms.No. 46, Home (Genl. A) Dept., dated:
10.03.2006.

v. The B-Form licence shall be issued in accordance with the provisions of
Rule 11 (b) read with Rule 13(9) of said rules initially for a period of 2
(two) years and can be further extended upto another two years and like
manner as often as may be subject to the satisfaction of Licensing
Authority in conforming to the Rules and Regulations applicable to such
theatres.

vi. The minimum site area and parking area for establishing Cargo/
Container / Small Theatres shall be followed in proportion to the Single
Theatres / Multiplexes fixed as per the orders issued in G.O.Ms.No. 46,
Home (Genl.A) Department, dated: 10.03.2006. The area shall also
correspond to the seating capacity of the theatre so established.

3. All the District Collectors and Licensing Authorities shall follow the above
guidelines in granting of B-Form licences to small / cargo / container theatres and
also follow the Cinema Regulation Rules whereever applicable and other
guidelines being issued by Government from time to time. The relevant rules are
annexed to this order.

 (BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH)

 A.R. ANURADHA
PRINCIPAL SECRETARY TO GOVERNMENT

ANNEXURE

Rule 2 (1) (c) (iii):
Building means in relation to a temporary cinema, a building which is not a
permanent building and which is constructed of non- inflammable materials, having
galvanised zinc or asbestos sheets and the like for roofing, or which is constructed
of inflammable materials, having zinc or asbestos sheets, tent or tarpaulin and the
like for roofing.

Rule 6 and para 2 of Appendix – IV
Rule 6: (i) site, specifications for construction of cinema building and other general
matters; (ii) Cinematograph apparatus and enclosure; (iii) electrical fittings and fire
extinguishing appliances and equipment; and (iv) conditions regulating storage of
not more than 91 kilograms of cinematograph film in any premises licensed under
the Act, shall be as specified in Appendices I, II, III and V, respectively.

Para -2 of Appendix – IV:
The requirements for temporary cinema buildings constructed of non –
inflammable materials shall be as specified below:-

1. The building shall be provided on all its sides with an open space which in
no part thereof shall be less than 18 metres in which;
Provided that the licensing authority may, on the recommendation of the
Tahsildar, Revenue Divisional Officer, allow a space of not less than 9
metres in width;

2. The eaves of the building shall have a height of not less than 2.5 metres.

3. Every doorway in the building shall be not less than 2.1 metres clear in
height and 1.2 metres clear in width;

4. Suitable means of ventilation for the building shall be provided and
maintained to the satisfaction of the licensing authority.

5. Except when the building is used in the day time and no artificial lighting is
necessary, suitable lighting shall be provided in the building.

6. Such sanitary convenience of such design as may be specified by the
licensing authority in consultation with, or on the recommendation of , the
Health Officer shall be provided for the exclusive use of each sex according
to the scale laid down in Paragraph 15 of Appendix I and the same shall be
maintained in good order and sanitary condition.

7. Sufficient wholesome drinking water for the use of persons employed in or
frequenting such building shall be stored for supply at such places and in
such manner as may be specified by the licensing authority in consultation
with the local authority and the Health Officer;
Provided that Clauses (1), (2) and (3) shall not apply to the existing cinema
building.

Rule 7 (1) (a) (2) (c) & (5) :
(1) (a) there shall be no restriction on the basis of population to the grant of
licences (i) to permanent cinemas; and (ii) to temporary cinemas if there is
no permanent cinema;
(2) (c) 800 metres, in between permanent or semi – permanent theatre and a
temporary theatre.

(5) licences shall not be granted for construction of permanent or semi –
permanent or temporary cinema buildings within a distance of 800 metres in
places where temporary cinema theatres exist on the date of applications by
the applicants.

Rule 8(b) and 9(b):
8(b): Grant of No Objection Certificate: Within fifteen days of receipt of any
application for grant of “No Objection Certificate”, the licensing authority shall –
(a) if the application is not in accordance with the rules, return the same to the
applicant for re-submission within a period of sixty days failing which the
application shall be treated as rejected and fresh application shall be made;
(b) if the application is in order forward a copy of the application together with its
enclosures to the Chief Executive Officer of the Local Authority, the director of
Town Planning in the case of areas covered by Town Planning Scheme, the
Health Officer and the Police Authorities asking for their report within fifteen
days from the date of receipt of the copy of the application and obtain their
acknowledgement.
(c) On receipt of the reports referred to in Clause (b) of Sub-Rule (I) if the
licensing authority is satisfied that the other requirements of these rules are
fulfilled and that the applicant is in lawful possession of the site he shall within
fifteen days from the date of receipt of the said reports grant “No Objection
Certificate” applied for, either absolutely or subject to such conditions as it
thinks fit to impose.

9(b): Grant of permission to construct cinema buildings:
 Within 15 days of receipt of any application for grant of permission the licensing
authority shall:-
(a) If the application is not in accordance with the rules, return the same to the
applicant for re-submission within a period of sixty days failing which the
application shall be treated as rejected and fresh application shall be made;
(b) If the application is in order forward a copy each of the application together
with its enclosures to the Electrical Inspector, the concerned Executive
Engineer, Roads and Buildings, the Health Officer of the local authority asking
for their report within thirty days from the date of receipt of the copy of the
application and obtain their acknowledgement.
(c) On receipt of the report referred to in clause (b) of sub-rule (2) if the licensing
authority is satisfied that the other requirements of these rules are fulfilled he
shall within fifteen days from the date of receipt of the said reports grant the
permission applied for, either absolutely or subject to such conditions as it
things to impose.
Rule 11(b) read with Rule 13(9):
Rule 11(b): Grant of Licence to Cinema Buildings:
(1) Within fifteen days of receipt of such application, the licensing authority
shall:
(a) If the application is not in accordance with the rules dispose it of in
accordance with Clause (a) of Sub-Rule 9(b)
(b) If the application is in order, forward a copy of the application together
with its enclosures to the Electrical Inspector and the Executive Engineer
(R&B) ( in the case of permanent cinema building only) asking for their
reports and certificates within thirty days from the date of receipt of the
copy of the application and obtain their acknowledgements;
(2) On receipt of the reports and certificates referred to in Clause (b) for subrule
(1) or, if the same have not been received in time on consideration of
the certificates referred to in Clause (c) of Rule 11-A on merits, if the
licensing authority is satisfied that the applicant is in lawful possession of the
site, building and equipment he shall, within ten days from the date of
receipt of the above reports and certificates or the due date for the receipt of
above reports and certificates, grant a licence in Form B with or without
adding additional conditions thereto, consistent with the provisions of these
rules, as he may deem fit in the interest of the health and safety of the
public;
 Provided that if the licensing authority is satisfied that the provisions of
these rules have not been fulfilled and or that, in the case of a temporary
cinema building the provisions in Appendix IV are not fulfilled he may refuse
to grant the licence applied for and communicate to the applicant the
reasons for such refusal.

13(9): No temporary cinema building, constructed of non-inflammable materials
shall be licensed to exhibit shows, in any place for a period exceeding two years;
 Provided that the said period of two years may, on application by the
previous licensee, be further extended 2(x x x x) upto another two years and in like
manner, as often as may be, if the licensing authority is satisfied that the site and
the building continue to conform to the relevant rules.

 A.R. ANURADHA
PRINCIPAL SECRETARY TO GOVERNMENT

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