The Punjab Cinema (Regulation) Act, 1952

[S.1] THE PUNJAB CINEMAS (REGULATION) ACT, 1952

(Punjab Act 11 of 1952)

(1) This Act may be called the Punjab Cinemas (Regulation) Act, 1952. (2) It extends to the whole of the State of Haryana. (3) It shall be deemed to have come into force on 28th of July, 1952 in the principal territories and on the 3rd April, 1957, in the transferred territories. (i) These rules may be cited as the Punjab Cinemas (Regulation) Rules, 1952. (ii) They shall come into force on the first day of November, 1952.

In this Act, unless the context otherwise requires,- (a) "Cinematograph" includes any apparatus for the representation of moving pictures or series of pictures; (b) "Government" means the Government of the State of Haryana; (c) "Place" includes a house, building, tent and any description of transport, whether by sea, land or air; (d) "prescribed" means prescribed by rules made under this Act. In these rules, unless there is anything repugnant in the context:- (i) the 'Act' means that Punjab Cinemas (Regulation) Act, 1952; (ii) 'auditorium' means that portion of the building occupied by the audience or spectators during a cinematograph exhibition; (iii) 'Electric Inspector' means an inspector appointed by the Haryana Government under section 36 of the Indian Electricity Act, 1910; (iv) 'enclosure' means that portion of a place licensed under section 5 of the Act in which the cinematograph apparatus is erected; (v) 'Executive Engineer' in relation to the licensing of any place for cinematograph exhibitions, means the officer holding charge of that division of the Public Works Department (Buildings and Roads Branch) in which the place is situated; (vi) 'exit' includes an emergency exit and any entrance usable by the public as an exit; (vii) 'fire-resisting material' means :- (a) burnt brickwork, cement concrete and reinforced brickwork or cement concrete having a minimum cover of one inch; (b) terra cotta blocks securely, bounded, provided that no side or web thereof is less than one and a half inches in thickness; (c) stone, tiles, solid gypsum blocks, marble, iron, steel, copper, asbestos or zine; or (d) such other material as the Executive Engineer may approve; (viii) 'Government' means the Government of the State of Haryana; (ix) 'touring cinematograph' means a cinematograph apparatus which is so adopted and constructed so that it can be taken from place to place for the purpose of giving cinematograph exhibitions; (x) 'touring cinematograph of the safety class' means a touring cinematograph in which an incandescent lamp is used for the projector; (xi) 'Adult' means a person who has completed his eighteenth year.

Save as otherwise provided in this Act, no person shall give an exhibition by means of a cinematograph, elsewhere then in a place licensed under this Act or otherwise than in compliance with any condition and restriction imposed by such license. (i) Licences granted under section 5 of the Act shall be either for a period of three years or temporary. (ii) A three years licence shall only be granted subject to the provisions of section 5 of the Act and in accordance with the provisions of the rules in Part III in respect of a building permanently equipped for cinematograph exhibitions. It shall be valid for three years from the date of issue and shall be renewable on the application of the licensee. Provided that in the case of a three year's licence the place licensed under the Act shall be inspected annually by the Executive Engineer as well as by the Electrical Inspector to Government, Haryana on the payment of the fees as prescribed in schedule to rule 16. (iii) Subject to the provisions of sub-rule (iv) and the rules in Part IV, a temporary licence may be granted in any town or village for exhibition by means of a touring cinematograph for an aggregate period not exceeding six months in one calender year: Provided that for a town to village with a population of more than five thousand according to the latest official cons in any other district the aggregate period may be extended by another six months in the same calendar year : Provided further that in calculating the aggregate period in respect of any town or village the period for which a licence to the same or other touring cinematograph has been granted within five miles of the outer limits of such town or village shall be taken into account. (iv) No licence to touring cinematograph shall be granted for such a place where there is a permanent cinema; Provided that such a licence may be granted for such a place for a period not exceeding in the aggregate three months on special occasions such as fair and religious gatherings or to meet a particular temporary need.

The authority having power to grant licenses under this Act (hereinafter referred to as the licensing authority'), shall be the District Magistrate; Provided that the Government may, by notification in the official Gazette, constitute for the whole or any part of the State, such other authority as it may specify therein to be the licensing authority for the purposes of this Act. Licences, whether for a period of three years or temporary, shall be in form A annexed to these Rules and shall be subject to the conditions and restrictions set forth therein and to the provisions of these rules.

(1) The licensing authority shall not grant a license under this Act unless it is satisfied that- (a) the rules made under this Act have been complied with , and (b) adequate precautions have been taken in the place, in respect of which the license is to be given to provide for the safety of the persons attending exhibitions therein. (2) Subject to the foregoing provisions of this section and to the control of the Government, the licensing authority may grant licenses under this Act to such persons as it think fit, on such terms and condition as it may determine. Provided that it shall be deemed to be a condition of every licence whether granted before or after the commencement of the Punjab Cinemas (Regulation) Haryana Amendment Act, 1968, that if a licensee fails, without sufficient cause, to give exhibition, by means of a cinematograph, for a period of fifteen days in a month whether consecutively or otherwise, his licence shall be liable to cancellation under clause(b) of sub-section(1) of section 8 (3) Any person aggrieved by the decision of the licensing authority refusing to grant a license under this Act may, within such time as may be prescribed, appeal to the Government or to such officer as the Government may specify in this behalf and the Government or the officer, as the case may be, may make such order in the case as it or he thinks fit. (4) The Government may, from time to time, issue directions to licensees generally or to any licensee in particular for the purpose of regulating the exhibition of any film or class of films, so that scientific, films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited and where any such directions have been issued those directions shall be deemed to be additional conditions subject to which the license has been granted Thus the State Government has the power to give directions to the licensing authority. These directions can be with regard to the person or to the terms and conditions and restrictions. AIR 1957 A.P. 513. The control contemplatd by section 5 is wide enough to empower the state Government to issue appropriate instruction to the licensing authority. It is however not within the competence of State Governement to issue executive instruction which if these were issued as a statutory rule would be beyond the rule making power. AIR 1955. A.P 123. 2. Control and issusnce of directions:- Thus if a rule cannot be framed then instructions cannot be issued on the same subject. However, the state Government has the power to interface after the District Magistrate has himself exercised his discretion. AIR 1956 All 99. The power of the licensing authority to issue licences is subject to the control of the State Government and the State has the power to direct the licensing authority to grant a license to a particular individual. the State Government may set aside the orders of the licensing authority and issue and direction in this respect which it may consider fir or proper. AIR 1955 ALL 82. The State Government may issue directions at variance with their own prior orders when such orders have not assumed the shape of statutory rules. AIR 1957 A.P 513. 3.Requirements as to building of a particular structure:- The provisions requiring a theatre to be constructed in accordance with regulation made under the Act has to be complied with R.v Hannery, 1891 (2) Q.B.709 . It was held that such provision would apply to building which were errected or come into existence after the passing of the Act. London County council v. Hall of Arts. 1913 (110) LT. 28. The requirement to keep gangways and passages is mandatory and its breach can be punished . Putters v. watt . 1914 (84) LJ KB 394. The refusal of the Corporation to sanction the plan on the ground that the adjoining streets were narrow was quashed in Exparte Cambrige Picture Play House Ltd. 1922 (1) KB. 250. The authorities are to grant licences on such terms and conditions and under such restrictions as the authority may by respective licenses determine . Such terms must be reasonable and may be formulated generally subject to the right of each applicant to contend when applying for licence that they should not be imposed in his case. A licence was issued subject to a condition that no film should be exhibited to which objection was taken by any three of the licensing justices, it was held that the condition was unreasonable and invalid . R. v. Burnley, 1916 (85) LJ KB . 1565. In this case however the condition that children attending the school are to be excluded in case the medical officer notifies the prevalence of any infectious disease was held to be valid. where the licensing authority notifies that a particular films is not to be shown then a licensee or a cinema owner has got no locus standi to come to the court and challenge that the condition is unreasonable. Ex-parte Stort 1916 ( 1, KB 7.) 4. Licensing authority and State Government are two distinct entities:- Under section 5(2) of the Punjab Cinemas ( Regulation) Act, 1952 the licensing authority is to grant license subject to the provisions of section 5(1) and subject the control of the government . It is true that the control which the government exercises is very wide but this does not justify that the state Government can completely oust and obliterate the licensing authority by usurping its functions. The legislature contemplates that the licensing authority would be a distinct entity from government . This view to the was expressed in State of Punjab v. Hari Krishan , AIR 1966. S.C 1081, The view to the contrary expressed by the Rajasthan High Court in Vishan Takies v. State. ILR 1962 (12) Raj 44 and K. Rajgiah v. Sultan Mohidin & ors. AIR 1957 A.P 513 and Bharat Bhushan v. Cinema and City Magistrate, AIR 1956 All. 99 was over-ruled. 5.Appeal, who can file:- Section 5(3) provides for an appeal at the instance of the party which is aggrieved by the rejection of its application for the grant of licence. No appeal is provided for against as order granting the license. But in case it appears to the government that an application has been granted erroneously or unfairlly it can exercise its control specfied under section (5) and set aside such an erroneous order. This view was expressed in State of Punjab v Hari Krishan , AIR 1966 S.C 1081. 6. Power of State Government to order that a licence may be issued: - State Government can grant of a licence in specific case ILR 1962 ( Raj 44. It may however be mentioned that the view expressed in this judgment o the Rajasthan was doubted in AIR 1966 S.C 1081. 7. Cancellation when change in ownership- Direction or condition was that the licence shall be terminated forthwith if the licensee ceases to own or hold on lease or to manage the licenced premises. The licence form prescribed these conditions . This condition was held to be valid in ishar Dass and Bros. v. Distt. Magistrate, AIR 1972 All 83. 8. Notice before issuing direction- The State government is not bound to issue notices to the parties before issuing directions . The direction are neither judicial nor quasi judicial. They are purely administrative direction . Unless the statute requires there is no necessity to give notice. AIR 1955 All 99 . It may however be mentioned here that this may not be the correct position in law now because the latest trend of the judicial decisions is that opportunity has to be given whenever any civil right is sought to be interfered with. Thus in S.L. Kapuri v. Jagmohan, AIR 1981 SC 136 even though the statute did not embody in itself the rules of natural justice the court held that it was imperative to give hearing. 9.Instruction to restrict number of talkies- The instructions issued by the government to the licensing authority to restrict the number of touring in places were there were permanent cinemas in order to prevent unhealthy competition and to erasure public safety are not volatile of article 19 of the Constitution. AIR 1952 Mad. 528. 10. Direction to close cinema at a particular time- A direction was given that the cinema should be closed at 12.3. A.M. and no show should be run beyond that hour. It was held that this direction is not unreasonable. 1955 (21) Cuttack Law Times 468. 11. Compulsory exhibition:- An order relating to compulsory exhibition of approved films of certain minimum length constitutes a serious encrcachment on the right of an exhibitor. 1955 (21) Cuttack Law Times 468. 12. Power of state government to assume jurisdiction of licensing authority:- The state government is not justified in assuming jurisdiction which has been conferred on the licensing authority under section 5 of the Punjab Cinemas ( Regulation ) Act, 1952. The scheme of the statute is that when an application for licences is made it has to be considered by the licensing authority and dealt with under section 5 of the Act. If therefore the state government requires all applications for licences to be forwarded to it really converts itself to be the real authority itself. This is not permissible because State Government has been given the right to hear an appeal against the order of rejection of the applications for licence. This view was expressed in State of Pb. v. Hari Krishan , AIR 1966 SC 1081 affirming the view expressed by Punjab High Court in ILR 1961 (2) Pb. 831. 13 Authority which is to grant licences acting on the direction of higher authorities:- In a case arising under the Punjab excise Act, it was held that if any authority has been vested with the power to grant a liecence it is that authority which must exercise that power and if power is exercised by some other authority , the exercise of that power would be showy void. Kans Raj v. Dy. E.T.O., AIR 1965 Pb. 284 . The Divsion Bench of the High Court placed reliance on the decision given by the Supreme Court in Commissioner of Police v. Goverdhan Dass , AIR 1952 SC 16. It may be mentioned here that the decision given in Hari Krishan Shasrma v. Pb. State ILR 1961 (2) Pb. 831 was also relied upon. This decision in Hari Krishan Sharma case has since been approved by the Supreme Court in AIR 1966 SC 1081. see also Novelty Talkies. v. Pb. State, ILR 1960 (2) Pb. 276 and Pb. State v. Mehar Chand , AIR 1959 Pb. 222. In cases where a licence is granted under the instructions of the State Government , it mattaer very little as to who signed the order or the licence. The authority granting the licence in such a case is really the State Government and the function of the licensing authority becomes merely an ministerial function. AIR 1955 All. 82. 14. Notice before grant of licence:- There is no statutory provision for a notice before the grant of a licence to a new entrant. There is also no reason that the state Government or the District Magistrate can not exercise the power to grant licence to a new entrant without notice to the other licencees. AIR 1957 A.P. 513. 15. Order is executive:- The order of the Government granting a licence is executive. It is not incumbent on the State Government to afford hearing to persons who want licences for running cinema houses. AIR 1955 ALL 82. 16. Locus standi:- If a person has no right to obtain a licence in his favour it is not for him to question whether the licence granted to an another person is valid or invalid. AIR 1956 ALL 99. It may however be mentioned here that where permission was granted to effect a cinema in violation of the building rules it was held that the residents can compel the authorities to see that building is constructed in accordance with rules. K.R Shenoi v. Municipality, AIR 1974 SC 2177. 17. Requirement to show cultural film:- While granting a licence a condition imposed was that the licensee shall exhibit an approved film. (i) Every application for the grant or renewal of a licence shall be in writing and shall be signed by the applicant. (ii) Applications for the grant as distinct from the renewal of a three years licence shall be accompanied by;- (a) full particulars regarding the ownership of, and all rights in, the premises and in the cinematograph apparatus to be used therein; (b) complete plans, elevations and sections in duplicate, of the premises and all erections or buildings thereon drawn correctly to the scale of one-eighth of an inch to one foot and showing the width of all stairways and the number of steps in each, the width of corridors, gangway and doorways, the height of the cinematograph and of the plant for the generation or conversion of electrical energy; (c) a site plan in duplicate a separate sheet drawn to the scale of one-fortieth of an inch to one foot showing the position of the premises in relation to any adjacent premises and to the public thorough-fares upon which the site of the premises abuts, and the arrangements proposed for the parking of motor cars and others vehicles; (d) specifications of the various materials proposed to be used in the construction of the buildings. (iii) The cardinal points of the compass shall be shown on the plans and the plans shall be so coloured as to distinguish the materials used in the construction of the buildings. (iv) Application under sub-section (ii) of this rule shall subject to the condition mentioned in Rule 31A be submitted to the licensing authority before any alteration necessary for the adaptation of the premises for cinematographic exhibition are taken in hand, or in the case of a new building, before its construction is begun. The work shall not be commenced unless the Executive Engineer certifies that the proposed construction, addition or alteration of the premises is in accordance with these rules and the buildings bye-laws of the local authority, if any. (v) The licensing authority may require an applicant for a temporary licence to furnish such plans of the premises and such specifications as he may consider necessary.

(1) The Government in respect of the whole of the State of Haryana or any part thereof and the District Magistrate, in respect of the district within his jurisdiction, may, if it or he, as the case may be, is of opinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the film and during such suspension the film shall be deemed to be uncertified film in the State, Part of the State or district, as the case may be. (2) Where an order under subsection (1) has been issued by a District Magistrate, a copy there of, together with a statement of reasons therefore shall forthwith be forward by the District Magistrate to the Government, and the Government may either confirm or rescind the order. (3) An order made under this section shall remain in force for a period of two months from the date thereof, but the Government may, if it is of opinion that the order should continue in force, direct that the period of suspension shall be extended by such further period as it thinks fit. An application for the renewal of a three years licence shall be made at least three months before the date of the expiry of the old licence : Provided that if the application for renewal is made after the prescribed date the licensing authority may nevertheless renew the licence on payment of the fee chargeable for a new licence.

If the owner or person-in-charge of a cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits the place to be used in contravention of the provisions of this Act or of the rules made there under, or of the conditions upon or subject to which any licence has been granted under this Act, he shall be punishable with fine which may extend to Rs. 1,000 and in the case of continuing offence, with a further fine which may extend to Rs. 100 for each day during which the offence continues. (i) If on an application for renewal of a license the licensing authority does not for any reason, before the date of the expiry of licence, either renew and return the licence or refuse to renew the same, he may grant a temporary permit in Form B annexed to these rules. (ii) Such temporary permit shall be subject to the conditions of the licence sought to be renewed and shall be valid for such period not exceeding two months as the licensing authority may direct. Provided that the temporary permit shall cease to be valid and shall be surrendered to the licensing authority on the applicant receiving his duly renewed, or on his receiving an order refusing to renew the licence. (iii) The temporary permit shall during the period of its validity be deemed to be a licence for the purposes of these rules. (iv) A fee of ten rupees shall be levied for the grant of such temporary permit, provided that if in the opinion of the licensing authority the grant of this permit has not been necessitated by the negligence of the license, the fee or a portion of it may be remitted.

(1) Not withstanding anything contained in this Act, the State Government or the licensing authority may at any time suspend, cancel or revoke a license granted under section 5 on one or more of the following grounds namely:- (a) The license was obtained through fraud or misrepresentation; (b) the licensee has committed a breach of any of the provision of this Act or the rules made there under or of any condition or restriction in the license, or of any direction issued under sub-section(4) of section 5; (c) on account of any changes occurring in the locality of the place licensed, the continuance of the license is considered prejudicial to decency or morality; or (d) the licensee has been convicted of an offence under section 7 of this Act or section 7 of the Cinematograph Act, 1952 (XXXVII of 1952). (e) the licensee has been convicted for not less than three times of an offence punishable under clause (a) of sub-section (1) of section 15 of the Punjab Entertainments Duty Act, 1955, or has copounded such offence for not less than three time under section 16 of that Act; (f) a penalty under section 14-A of the Act referred to in clause (e) has been imposed for not less than three times on the licensee; or (g) a tax exceeding Rs. 200 has been assessed on the licensee in any one case under sub-clause (ii) of clause (e) of section 2 of the Act referred to in clause (e). (2) Where the Government or the licensing authority is of the opinion that a license granted under section 5 should be suspended, cancelled or revoked it shall as soon as may be, communicate to the licensee the grounds on which the action is proposed to be taken and shall afford him a reasonable opportunity of showing cause against the action proposed to be taken. (3) If, after giving such opportunity, the Government or the licensing authority, as the case may be, is satisfied that the license should be suspended, cancelled or revoked, it shall record an order stating therein the ground or grounds on which the order is made, and shall communicate the same to the licensee in writing. (4) Where the order suspending cancelling or revoking a license under subsection (3) has been passed by a licensing authority, any person aggrieved by the order may, within thirty days of the communication of such order to him prefer an appeal to Government which may pass such order as it thinks fit. (5) The order of the Government shall be final. (i) The licensee shall be responsible for compliance with the provisions of these rules and with conditions of his licence, for the maintenance of the licensed premises at all times and in all respects conformity with the standards prescribed by these rules, and for taking all necessary measures, before any cinematograph exhibition is commenced, to ensure the safety of the public and his employees against fire and other accidents. (ii) The licensee or some responsible person nominated by him in writing for the purpose shall be in general charge of the licensed premises and cinematograph during the whole time that any exhibition is in progress.

The Government may, by notification in the official Gazette, make rules:-(a) prescribing the terms, condition and restriction, if any, subject to which licenses may be granted under this Act; (b) providing for the regulation of cinematograph exhibitions for securing the public safety; (c) prescribing the time within which and the conditions subject to which an appeal under subsection (3) of section 5 (and such section (4) of section 7A) may be preferred. (i) Before granting or renewing a three years licence the licensing authority shall within a period of seven days of the receipt of the application of the licensee,- (a) call upon the Executive Engineer to examine the structural features of the building and report within a period of one month whether the rules relating thereto have been duly complied with. (b) call upon the Electric Inspector to examine the cinematograph and the electrical equipment to be used in the building and to report within a period of one month whether they comply with the requirements both of these rules and of the Indian Electricity Act, 1910, and of such of the rules made thereunder as are applicable, whether all reasonable precautions have been taken to protect spectators and employees from electric shock and to prevent the introduction of fire into the building through the use of electrical equipment, and whether the prescribed fire-extinguishing appliances have been provided, are in working order and suitable for the purpose for which they are intended. (ii) Defects revealed by such inspections shall be brought to the notice of the applicant or licensee and of the licensing authority, who may refuse to grant or renew the licence unless and until they are remedied to his satisfaction. At least 48 hours before any film is exhibited, the licensee shall supply a synopsis of the contents of the film to the District Magistrate of the District in which the place licensed under the Act is situated and the synopsis shall indicate on its title page whether the film has been granted 'U' or 'A' certificate; Provided that the District Magistrate may, for reasons to be recorded in writing, relax the provisions of this cause and accept in lieu of a proper synopsis, a hand bill giving a brief account of the film.

It is legitimate to take into account exiting laws. and the manner in which they were passed acted upon and enford This applies with equal force to Constitution as well because Constitution itself continues in force all laws which were in existence at the date when it came into being except those which are inconsistent with itself. State of Bomboy v united Motors Ltd. 1953 SCR 1069 : 1953 SC 252. it is legitimate to look at the state of law prevailing and which led to the legislation to see as to what was the mischief at which the act was directed. Addl. I.T.C v. Muret Art cloth mfg. AIR 1980 SC 387. The Government may, by order in writing exempt, subject to such condition as it may impose, any cinematograph exhibition or class of cinematograph exhibitions as also the premises or site used or intended to be used for cinematograph exhibition from any of the provision of this Act or of any rules made there under. The licensing authority or any officer authorised by him in writing in this behalf may at any time enter a place which he has reason to believe is being used or is, intended to be used for the purpose of cinematograph exhibitions, in order to satisfy himself that all the provisions of the Act, the rules framed thereunder and the conditions of the licence are being complied with. The licensee shall, when and so often as Government may require exhibit free of charge or on such terms as regards remuneration as Government may determine, films and lantern slides provided by Government : Provided that the licensee shall not be required to exhibit any entertainment films or lantern slides the exhibition of which taken more than 15 minutes in all, or exhibit films or slides unless they are delivered to him at least 24 hours before the entertainment at which they are to be shown is due to begin.

It is almost settled rule of construction that to ascertain legislative intent all the constituent parts of a statute are to be taken together and each word phrase or sentence is to be considered in the light of general purpose and object of the Act itself. The title and preamble whatever the value might be as aids for the construction of statue undoubtedly throw light on the intent and design of legislature and indicate the course and purpose of the legislation itself. Popat lal Singh v. state of madras , 1953 SCR 677 , AIR 1953 SC 274, Ashwani Kumar v. Arabinda B se. 1953 SCR1 : AIR 1952 SC 69: MSM Sharma v. Shri Krishan Sinha, ( 1959) ( Supp) (1) SCR 806: AIR 1959 SC 395. The cinematograph Act, 1918 (II of 1918), in so far as it relates to matters other then the sanctioning of cinematograph films for exhibition, is hereby repealed (i) The Electric Inspector or any officer specially appointed to assist him in this behalf may at any time enter and inspect any place licensed under section 5 of the Act. (ii) Defects revealed by such inspections shall be brought to the notice of the licensee and shall also be reported to the licensing authority. The licensee shall not, without the permission of the licensing authority, assign, sublet or otherwise transfer the licence, the licensed building/place or the cinematograph, nor shall the licensee, without permission as aforesaid, allow any other person, during the period of currency of the licence, to exhibit films in the licensed building/place.

It is duty of the Courts to give effect to the meanings of an Act when the meaning can be fairly gathered from the words used, that is to say, if one construction will lead to an absurdity while another will gave effect to what common sense would show was obviously intended, the construction which would defeat the ends of the Act must be rejected even if some words used in the same section and even in the same sentence, have to be construed differently. Sharmrao v. District Magistrate, 1952 SCR 683 SCR : AIR 1952 SC 324. see also Hindustan Aluminum Corporation v . State, A.I.R 1981 S.C 1659 (Sep.) It is the duty of the court in construing statutes to give effect to the intention of the legislature. Kanwar Singh v. Delhi Administration. AIR 1966 SC 87. (i) The licensing authority may, if he considers necessary by general or special order, authorise a medical officer to inspect the sanitary condition of any of the places which have been licensed by him under section 5 of the Act and such officers may visit all parts of the premises for purposes of inspection at any time. (ii) Defects revealed by such inspection shall be brought to the notice of the licensee and also be reported to the licensing authority. If any accident occurs in a licensed place, and such accident results in personal injury or is likely to have resulted in personal injury or loss of life, the licensee shall give notice in writing of such accident to the licensing authority and the Electric Inspector to Government [Haryana], within 24 hours of its occurrence; and if the accident results in loss of life the notice shall be given by an express telegram to be confirmed in writing within 24 hours of the occurrence of the accident. Pending an inspection or investigation by the Electric Inspector to Government, [Haryana] or any officer specially appointed to assist him in this behalf the licensee shall not interfere with or remove from the scene of the accident any electrical or mechanical apparatus, wiring, furnishing, etc., which may have been involved in the accident.

The duty of the Court is to see that the purpose of the Act is carried out and a construction which will defeat the purpose of the act or which will travel beyond it has to be avoided. Bishamber Singh v. state of orissa, AIR 1955 SC 1939. The Court should try to harmonies the conflicting provisions. Raj Krishan Bose v. Binod Kannngo, AIR 1954 SC 202. A construction which is logical should be placed upon a statute . Kalidas v. State of Bombay, 1955 SCR 887, AIR 1955 SC 62. Assessing Authority v. East India Cottan Mfg. Co, A.I.R. 1981 S.C. 1610 (Sep.) Where a particular word has not been difined in the Act then it should be given its ordinary meaning. State of Mysore v. Sundram Motors, AIR 1980 SC 148. Where the dominant purpose of the act is to achieve not only speedy determination but a determination with utmost depatch then the the provisions of the Act must be interpreted so as to eliminate all possible avenues of delay or means of adopting dialatery tactics. V.C Shukla v. State , AIR 1980 SC 962. The licence and the plan and description, if any, attached thereto shall be produced on demand by the licensing authority or by any officer authorised by him or by these rules to enter a place licensed under section 5 of the Act. The licensee shall not admit to any performance any person whose ticket therefor has been purchased otherwise than from an authorised booking clerk at the licensed place or from an agent whose name and place of business have been notified in advance to the District Magistrate and who has been approved by the District Magistrate as a suitable person to be appointed as agent for the sale of tickets.

The same word appearing in the same section of the same Act or rules must be given the same meaning unless there is anything to indicate to the contrary. Guruswamy v. State of Mysore, AIR 1954 SC 592. Intention should be primarily gathered from the Act. Unless there is any ambiguity, surrounding circumstances and constitutional principles and practice are not to be examined. Where meaning of the words is clear it is unnecessary to search for and select a particular meaning out of many given in dictionary. Mangoo Singh v. Election Tribunal, 1957 SC 871 : 1958 SCR 418. (i) No addition to or alteration of any portion of any premises licensed under section 5 of the Act, necessitated by fire, any other calamity or any other cause shall be made without the sanction of the licensing authority. (ii) The licensee shall give notice in writing to the licensing authority of his intention to make any such addition or alteration, and such notice shall be accompanied by complete plans, elevations and sections and specifications of the work proposed to be executed, drawn up in duplicate in the manner prescribed in rule 5, provided that in the case of premises for which a temporary licence has been granted such plans and specifications shall be furnished as the licensing authority may consider necessary. (iii) The work shall not be commenced until the consent of the licensing authority has been obtained, and the licensing authority shall not give his consent unless the Executive Engineer certifies that the proposed addition or alteration is in accordance with these rules. (iv) No addition to or alteration of any part of the cinematograph and its appurtenances or of the lighting or other electric arrangements shall be made without the sanction of the licensing authority. The licensee shall give notice in writing to the licensing authority of his intention to make any such addition or alteration, and the licensing authority shall not give sanction thereto unless the Electric Inspector or an officer deputed by him certifies that the addition or alteration is in accordance with the provisions of these rules. The licensee will not exhibit or permit to be exhibited in the place in respect of which this licence is given, to any person who is not an adult, any film which has been certified by an authority, constitute under section 6 of the Cinematograph Act, 1918 (II of 1918) as suitable for public exhibition restricted to adults. Note. - This condition shall not be construed as prohibiting the exhibition of a film, in respect of which 'A' certificate has been granted to children in arms below the age of three.

For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) for things are to be discerned and considered- (i) What was the common law before the making of the Act. (ii) What was the mischief and the defect for which the common law did not provide. (iii) What remedy the Parliament has resolved and appointed to cure the mischief. (iv) The true reason of the remedy. The duty of judges is always to make such construction as shall suffer subtle invetions and evasions for continuance of the mischief and which will help to remove the defect for which the legislation was made. It is not only legitimate but highly convenient to refer both to the former Act and to the ascertained evils to which the former Act had given rise and to the later Act which provided the remedy. Bengal Immunity Co.v State of Bihar, 1955 (2) SCR 603 ; AIR 1955 SC 661. Notice in writing shall be given to the licensing authority of intention to carry out repairs or re-decorations necessitating the use of scaffolding cradles or plant giving full details of the position thereof, if it is intended that the public shall be admitted while such scaffolding, cradles or plant are in position or in use. If the licensing authority shall so require, the premises shall be closed to the public until the work has been completed and the scaffolding, cradles and plant removed. No advertisement slides relating to sexual diseases and medicines to correct sexual disorder, or purporting to assist the childless in begetting children etc., shall be exhibited through slides in cinema halls.

If there is ambiguity in the terms of the statute, recourse must natural be had to the well established principles of construction but it is not permissible first to create and artificial ambiguity and then try to resolve the ambiguity and resort to some general or special principle of construction . I.T. Commr. v. Indo Bank, AIR 1959 SC 713. The court cannot add words to a section unless the section as it stands is meaningless or of doubtful meaning. British India General Insurance v. Capt Itbar Singh , AIR 1959 SC 133. (1) The fees shown in the Schedule to these rules shall be charged for the grant and renewal of licences and for inspections. These fees shall be deposited in a Government treasury before applying for the grant and renewal of licences and for inspections. (2) An application for the annual inspection referred to in the proviso the sub-rule (ii) of rule 3 shall be made by the licensee at least one month before the date of inspection becomes due, after depositing the prescribed fee in a government treasury. Explanation. - For the purpose of sub-rule (2) the expression 'the date the inception becomes due' hall mean. - (a) in relation to the first annual inspection, the date next after the expiry of one year; and (b) in relation to the second annual inspection, the date next after the expiry of two years : of the grant of renewal of a licence, as the case may be; Posters and pictorial publicity material pertaining to cinematograph films which are a gross misrepresentation of the film itself and which even when not clearly obscene objectionably suggestive, shall not be displayed in cinema halls.

Except as a parliamentary exposition, subsequent Acts are not to be relied on as an aid to the construction of prior unambiguous Acts. A later statute may not be referred to, to interpret the clear terms of an earlier Act, which the later Act does not amend even though both Acts are to be construed as one, unless the later Act expressly interpret the earlier Act, but if the earlier Act is ambiguous, the later Act may throw light on it, as where a particular construction of the earlier Act will render the later incorporated Act ineffectual . An Act of parliament does not alter the law by merely, betraying an erroneous opinion of it . Nalanikani v. l,T Commissioner Bombay , AIR 1967 SC 193 L (1966) SCJ 41. To the same effect are the observations made earlier by the Supreme Court of India in Shiv Shankar Shukla v. A.D. Divekar, 1957 SCR 121 at p. 140. In this part the term "the building" means a building in respect of which a three years licence has been or may be granted as provided in rule 18. Film shall be stored :- (i) in a storage shed constructed of suitable uninflammable materials; the doors and ventilators may be of wood, and shall open outwards, or (ii) in a tent, placed on private ground and separated by a distance of not less than 25 feet from any dwelling house, other building, highway, street, or public place.

If a statute leads to absurdity and hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words and even the structure of the sentence. Ram Parsad v. Vijay Kumar, AIR 1967 SC 278. A construction which is more beneficial to persons in whose interests the Act is passed and furthers the policy of the Act is to be preferred . Alembic Chemical Works v. Workmen (1961) 3 SCR 276. (i) A three years licence shall only be granted or renewed in respect of building which as regards its location structure, fittings, electrical and other equipment complies with the provisions of the rules in this part. (ii) Notwithstanding anything in the preceding sub-rule a three years licence may be granted or renewed for such period as Government may determine in any particular building already licensed for cinematograph exhibition on 1st November, 1941, relaxing provisions of rules 19(i) 22, 26(i), 27, 28(iii), (iv) and (v), 31(ii) and (iii), 36(i), 37 and 48 to such extent and subject to such condition as it deems necessary. The storage shed shall not form part of, or be attached to any building in which any person resides or works or where persons assemble for any purpose unless it is separated there from by a substantial floor or partition.

It is trite saying that the object of interpreting a statute is to ascertain the intention of the legislature enacting it . An interpretation which would defeat the object of the legislature is not to be allowed. Asia Industries v. Sarup Singh, AIR 1966 SC 346. Words in a statute which are clear and precise are to be given their natural meaning . Nagpur Corporation v. its Employees, AIR 1960 SC 675: (1960) 2 SCR 492. Limited interpretation is to be placed in spite of generality of language were liberal interpretation in the general sence would be unreasonable or absured or would defeat the object of the legislation. Shaharda S. Rly, v.V B.S Mills, 1960 (2) SCR 926. (i) The building :- (a) Shall not be within a radius of - (i) 75 metres from a place of worship, a cremation ground, a graveyard a cemetery, or (i) 200 metres from a recognised educational institution such as a College, a High School or girls school or any residential institution attached to such educational institution; or (iii) 75 meters from a public hospital with a large patient ward; or (iv) 75 metres from an orphanage containing one hundred or more inmates; or (v) 75 metres from a thickly populated residential area which is either exclusively residential or reserved or used generally for residential as distinguished from the business purposes. Note:- The distance shall be measured from the exit of the auditorium of the cinema building to the entrance of any of such place of institution. (b) shall in no way offend against traffic laws and either (c) shall be detached building : Provided that the minimum distance it stands apart from other buildings shall not be less than 20 feet, and the surrounding space shall be unobstructed and shall be such as will enable the persons who are to be accommodated to disperse rapidly in the event of fire or panic and as will permit of the approach of fire-engines and fire appliances : Provided further that in the case of the building which accommodates more than one thousand persons the distance it stands apart from other buildings shall be such as the licensing authority may require by special order in writing. Or (d) shall abut upon and have frontage of adequate length to two or more public ways or open spaces from which there are at all times free means of exit. The public ways or open spaces shall be of such width as will enable the persons who are to be accommodated to disperse rapidly in the event of fire and as will permit of the approach of fire engines and fire appliances ; Provided that one of them shall have a clear width of at least 35 feet including footpaths and shall be a through road : Provided further that in the case of buildings which accommodated more than one thousand persons, the public ways or open spaces shall be of such width and the frontage thereto of such length as the licensing authority may require by special order in writing. (ii) The frontages shall be considered of adequate length if they form about half of the total boundaries of the site of the building excluding recesses and projections : Provided that if they are less than half, a licence shall not be granted without the previous sanction of Government. (iii) The building shall not constructed underneath or on top of any part of any other building without the special consent in writing of the licensing authority. The storage shed, if in any building, shall not be situated under any stair case or under any other means of exit likely to be required to be used for escape in case of fire.

A preamble is a key to the interpretation of a statute but is not or ordinarily an independent enactment conferring rights or taking them away and cannot restrict or widen the enacting part which is clear and unambiguous. The motive for legislation is often reflected in the preamble but the remedy may extend beyond the cure of the evil intended to be removed. R. Venkat Swamy Naidu v. Nawasram Naraindas, AIR 1966 SC 361. No portion of the building shall be occupied or used as a factory, workshop or for storage purposes or as a hotel or for residential purposes or for the preparation or sale of food or drink, except as the licensing authority may by written order permit. The storage shed shall be adequately ventilated near the ground level and also near or in the roof. All ventilators shall be fitted with metal grids or similar suitable protection on the outside face of the wall and a layer of No. 16 mesh brass or other non-corroding metal wire gauze on the inside face of the wall.

It is not open to the court to usurp the functions of the legislature . Nor is to open to the courts to place unnatural interpretation on the language used by the legislature and impute to it an intention which cannot be inferred from the language used by it, by basing itself on ideas derived from other laws. Mangi Lal v. Sugam Chand , AIR 196 SC 101. Intention of the legislature is to be gathered from the language used in the Act. M.S.M. Sharma v. Sri Krishana Sinha , AIR 1959 SC 395. (i) The building shall have external or party walls of brick, mud, stone, corrugated iron or concrete. (ii) Where the building is in close proximity to another building, it shall be separated therefrom by walls and structures of fire-resisting materials in a manner to be approved by the licensing authority and no openings in the walls or in any part of building such as may be liable to communicate fire shall overlook the neighbouring building. (iii) Any opening in the building overlooking an adjacentment site upon which an inflammable structure is erected or upon which inflammable material is stored shall be protected to the satisfaction of the licensing authority. Film shall be kept in a securely closed fire-resisting receptacle.

Except as a parliamentary exposition , subsequent Acts are not to be relied on as aid to the construction of prior unambiguous Act. A later statute may not be referred to , to interpret the clear terms of an ealier Act, which the later Act does not amend even though both Acts are to be construed as one, unless the later Act expressly interpret the earlier Act, but if the earlier Act is ambiguous, the later Act may throw light on it, as where a particular construction of the earlier Act. will render (i) All floors, galleries, tiers, posts, columns, joints, trusses, stairways and landings in the building shall be of fire-resisting material. (ii) Partition shall be made of fire-resisting material or of wood not less than 1¾ inch thick and certified by the Executive Engineer to be hard wood. (iii) The building shall have a roof. All ceilings and panelling shall be made of fire-resisting material or from compressed or synthetic material treated against flaming which has been certified by the Executive Engineer to be suitable for the purpose intended. (iv) All floors including galleries, landings and corridors with their supports shall be capable of supporting a static load of one hundred pounds per square foot and, as in alternative loading, every step or landing shall be strong enough to support a point load of three hundred pounds placed in any position. The storage shed or tent shall not be used for any other purpose.

(i) The building and the compound, if any, shall be adequately drained to the satisfaction of the licensing authority. (ii) Except with the written consent of the licensing authority the lowest floor of the building shall not be constructed at a lower level than that at which it can be effectively drained by gravity. (i) All operations connected with examination, repairing, cleaning, waxing and rewinding of film, shall only be carried out in the examination room which shall not be used for any other purpose and shall be separated from the storage shed by a partition. (ii) The examination room shall be constructed of fire-resisting materials only and well ventilated to the outside air. (iii) Not more than two rolls of film only shall be opened for examination at any one time per examiner and not more than 10 rolls in all shall be under examination or repair at any one time.

(i) The total number of spectators accommodated in the building shall not exceed 20 per hundred square feet of the area available for sitting and standing or 20 per 133 ½ square feet of the overall area of the floor space in the auditorium. (ii) A notice showing the number off spectators permitted by the conditions of the licence to be admitted to any one part of the buildings shall be exhibited at a prominent place either at the entrance of the building or in the auditorium. All film waste and scrap in the examination room shall be placed immediately in a strong metal receptacle fitted with a tight hinged lid and marked 'Film Waste' and kept under water until disposed of. The contents of the drums shall be disposed of at frequent intervals by burning under adequate precautions or in such other manner as may be prescribed by the licensing authority.

(i) The seating in the building shall be arranged so that there is free access to exits. (Explanation 1). - The seats in each alternate row shall be staggered in a manner that the line or vision is not obstructed and that the angle of vision does not exceed 35 degree. (Explanation 2.) - The step of the floor of the auditorium shall have average gradient of 1" in 18" except in case of cinemas built before 1st February, 1958. (Explanation 3.) - In the case of cinemas with dual inclined slopes in the floors of the auditorium, the rear stop shall be 1" in 18" while the front incline shall be 1" in 24. (iii) The rows of seats shall be so arranged that there is a clear space of not less than 12" between the back of one seat and the foremost portion of the seat arm or frame behind, measured between perpendiculars. (iv) All seats, except those in private boxes, shall be securely fixed to the floor, and if battened together or made in links, the complete link shall be firmly attached to the floor, (v) The minimum distance between the cinematograph screen and the front row of seats shall be; (i) equal to the width of the screen subject to a minimum of 25 feet in case of cinemas equipped with screens up to 30 feet wide; and (ii) equal to ¾ th of the width of the screens subject to a minimum of 30 feet in case of cinemas fitted with screens exceeding 30 feet in width. Note:- The space between the screen and the front row of seats shall be left vacant according to the width of the screen installed irrespective of the consideration whether the whole or only a part of the screen is made use of. (vi) The lower edge of the picture as a projected on the cinematograph screen shall be at a height varying from 5'-6" to 7' above the level of the floor of the auditorium at the front row of seats depending upon the length of the auditorium. (vii) (a) Every row of seats in the auditorium shall be assigned a specific distinguishing mark such as 'A', 'B', 'C' and so on and every seat in each row shall be serially numbered. The serial number shall be inscribed at a prominent place on the seat in such a manner that the seat can be easily located. (b) The Licensee shall ensure that on every ticket which any booking clerk issues for any cinematograph exhibition a separate seat number is marked. The Purchaser of the ticket shall be entitled to occupy the seat bearing the serial number marked on the ticket. The serial number of the seat shall be marked on that portion of the ticket which is to be retained by the purchaser so that it can be produced for inspection in case of any doubt or one demand. No alterations shall be carried out in the storage shed or examination room without the previous sanction in writing of the licensing authority. Such alterations so sanctioned shall be shown on an amended plan to be attached to this licence.

(i) Gangway not less than 44 inches wide shall be provided in the building as follows :- (a) Down each side of the auditorium. (b) Down the centre of the seating accommodation at intervals of not more than 25 feet. (c) Parallel to the line of the seating so as to provided direct access to exists : Provided that not more than one gangway for every 10 rows shall be required. (ii) All gangway, exits and the treads of steps and stairways shall be maintained with non-slippery surfaces. (iii) Druggets, matting and floor covering if provided in gangways, shall be securely fastened to the floors. (iv) The exits and the gangways, and passages leading to exits shall be kept clear of all obstructions other than rope barriers provided in accordance with sub-rule (vi). On no account shall extra seats be placed in the gangways or spectators be allowed to stand in the gangways at the time of performances in such a way as to block or effectively reduce their width. (v) If steps have to be inserted in a gangway or passages there shall be not less than 3 steps at any one place. The treads shall not be less than 15" wide and shall be uniform width and height. (vi) Rope barriers in gangways or elsewhere shall be fitted with clips or fastenings which will part in the centre on slight pressure and shall not trial on the floor. (vii) Guards rails not less than 3 feet 6 inches above floor level shall be provided on the parapet at the foot of gangways in galleries where the incline of the gangway exceeds 15 degrees. No two sheds for the storage of film shall adjoin each other or be in the same building.

(i) There shall be at least 2 stairways each not less than 4 feet wide to provide access to any gallery or upper floor in the building which is intended for use by the public. (ii) The treads and risers on each flight of stairs shall be of uniform width and height. The treads shall not be less than 11 inches wide and the risers shall not be more than 7 inches high. (iii) There shall be no winders. (iv) A continuous hand rail shall be fitted to each side of stairways. (v) No stairways shall discharge into a passage or corridor against or across the direction of exit. Adequate precautions shall at all time be taken for the prevention of accidents by fire or explosion and no smoking, fire or articles capable of causing fire to film shall he permitted at any time within the licensed premises.

(i) Every public portion of the building shall be provided with an adequate number of clearly indicated exits placed in such positions and so maintained as to afford the audience ample means of safe and speedy egress. (ii) In the auditorium there shall be at least one exit from every tier, floor or gallery for every 100 persons accommodated or part thereof : Provided that from every upper floor or gallery these shall be not less than two exits: Provided further that an exit on or by way of a stage or platform shall not be reckoned as one of the exits required by this rule. (ii) Every exit from the auditorium shall provide a clear opening space of not less than 7 feet high and 5 feet wide. (iv) Exits from the auditorium shall be suitably spaced along with both sides and along the back thereof, and shall deliver into two or more different thoroughfares or open spaces from which there are at all times free means of rapid dispersal. (v) Every passage or corridor leading from an exit in the auditorium to a final space of exit from the building shall be of such width as will in the opinion of the licensing authority, enable two persons who are likely to use it in an emergency to leave the building without danger of crowding or congestion. At no point shall any such passage or corridor be less than 5 feet wide, and it shall not diminish in width in the direction of the final place of exit. (vi) The combined width of the final place of exits from the building shall be such that there are at least 5 feet of exit width for every 100 persons that can be accommodated in the building. (vii) All exit doors shall open outwards and shall be so fitted that when opened they do not obstruct any gangway, passage, corridor, stairway or landing. (viii) All exit does not doors through which the public have to pass on the way to the open air shall be available for exit during the whole time that the public are in the building and during such time shall not be locked or bolted. (ix) All exits from the auditorium and all doors or openings (other than the main entrance) intended for egress from the building shall be clearly indicated by the word "EXIT" in block letters, which shall not be less than seven inches high and shall be so displayed as to be clearly visible in the light as well as in the dark. (x) All other doors or opening shall be so constructed as t be clearly distinguishable from exits. They may be indicated by the words "No thoroughfare" arranged as illustrated in figure below, but notices bearing the words "No Exit" shall not be used in any part of the building. NO THOROUGHFARE The furniture and other articles shall be so arranged as to afford free egress to person in the room in the event of fire.

Pay boxes, check boxes and attendants' seats shall be fixed in such positions in the building that they will not obstruct means of exit and any mirror, pictures notices or advertisements shall be attached to or hung upon they walls in position in which they will not be likely to cause obstruction to exits and shall be There shall be kept posted upto date in large characters in the room; (i) full instructions as to the action to be taken in case of fire, and (ii) full directions as to the means of escape from the room in case of fire.

(i) Provision shall not be made in the corridors, passages and stairways of the building for hanging hats and cloaks. (ii) Where cloak rooms are provided they shall be so situated that the persons using them will not interfere with the free use of any exit. Free access to the licensed premises shall be given at all reasonable times to any Magistrate or any Police Officer not below the rank of a Sub-Inspector of Police deputed by the District Magistrate or the Superintendent of Police or the Electrical Inspector, and every facility shall be afforded to such officer for ascertaining that the rules and conditions are duly observed.

(i) The building shall be provided with efficient means of ventilation direct to the open air. (ii) Unless the auditorium is air-conditioned the means of ventilation shall take the form of natural ventilation and power-driven exhaust fans suitably located and of adequate size for the purposes intended. (iii) Where natural ventilation is provided by windows of skylights which have to be darkened or obscured, free permanent top ventilation shall be arranged by means of ridge or ceiling ventilators. The clear opening of such ventilators shall not be less than I square foot for every 10 persons that can be accommodated. (iv) There shall be a time gap of not less than twenty minutes between two cinematograph shows. The duration of an interval in a cinematograph show shall be not less than ten minutes. During the gap between two shows and the interval in a show all doors and ventilators shall be kept wide open and all exhaust and other fans will be worked at top speed so that the whole of the auditorium shall be flushed with air completely. Any accident, fire or explosion occurring within the licensed premises which is attended with loss of human life or serious injury to persons or property shall be reported immediately to the nearest Magistrate or to the Officer-in-charge of nearest Police Station and by telegram or telephone where such means of communication are available.

(i) The building and compound, if any, shall be kept free from effluvia arising from drain, privy or other nuisance. (ii) Separate latrines and urinals shall be provided for each sex. The latrines shall be cleaned or flushed immediately before and after each performance and shall be washed with phenyl or other sanitary fluid at least twice a day. (iii) The licensee shall also make arrangements to provide drinking water to the cinema goers. If the Licensing Authority calls upon the holder of a licence by a notice in writing, to execute any repairs to the licensed premises which are in the opinion of such authority necessary for the safety of the premises the holder of a licence shall execute the repairs within such period, not being less than one week from the date of receipt of notice, as may be fixed by the notice.

(i) Such arrangements shall be made for the parking of motor cars and other vehicles in the vicinity of the buildings as the licensing authority may require. (ii) No vehicle shall be parked or allowed to stand in such a way as to obstruct exits or impede the rapid dispersal of the persons accommodated in the building in the event of fire or panic. (a) All lights in storage shed or examination room shall be at the ceiling and of the fixed type. They shall be fitted with substantial, outer protecting vapour proof globes and equipped with keyless sockets. All switches, fuses, plugs, sockets, electric meters and distribution boards, shall be installed outside the storage shed or examination room. All frames shall be effectively earthed. (b) All electric wiring and equipment shall conform to the Regulations for the Electrical Equipment of Buildings framed by the Institution of Electrical Engineers. All electric wiring shall be in gas-tight screwed conduits which shall be electrically and mechanically continuous throughout, and effectively earthed outside the building. (c) Portable electric lights on extension cords shall not be used in any storage shed or examination room.

(i) Fire-extinguishing appliances suitable to the character of the building and of a pattern, class and capacity approved by the licensing authority shall be provided as prescribed by him. These appliances shall be disposed to his satisfaction so as to be really available for sue in case of fire in any part of the building. (ii) There shall always be sufficient means of dealing with fire readily available within the enclosure, and these shall include a damp blanket, a portable chemical fire-extinguisher and two buckets of dry sand. (iii) All fire-extinguishing appliances shall at all times be maintained in proper working order, and available for instant use, and all chemical fire- extinguishers shall be capable of withstanding a pressure of not less than 250 lb. per square inch. (iv) During an exhibition all fire-extinguishing appliances shall be in charge of some person or persons specially nominated 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. (v) The building shall be provided with an efficient lightning conductor. The licensed premises shall not be used for any purpose other than an exhibition by means of a cinematograph, without the prior permission in writing, of the District Magistrate.

The cinematograph apparatus shall be placed in an enclosure of substantial construction, the dimensions of which shall be such that when the cinematograph apparatus and other necessary fittings are installed therein there is sufficient space to allow the operator or operators to work freely. The licensee shall not display, or cause to be displayed any photographs, pictures or posters which depict or represent or purport to represent a scene or short which has been excised from any film under the orders of the Central Board of film Censors or the Central Government.

(i) The enclosure shall be placed outside the auditorium. (ii) It shall be entirely self-contained and shall house only the cinematograph apparatus, fire appliances and such controlling apparatus as must of necessity be placed therein. (i) There shall be prominently exhibited at each public entrance whenever the premises are open to the public a notice indicating in tabular form and in clear bold letters and figures :- (a) the tile of each film to be shown on that day, other than tailors and advertisement films;

Proper and efficient means of ventilation shall be provided in the enclosure in such a manner that there shall be no communication with any part of the building to which the public is admitted through the medium of such means of ventilation.

The number of openings in the front of the enclosure shall not exceed two projection openings, each not more than 36 square inches in area and one inspection opening not more than 36 square inches in area for each cinematograph apparatus or projector. All such opening shall be equipped with screens so operated that only one projection opening and one inspection opening can remain open at any one time and that all opening can be automatically closed from convenient positions both from inside and outside the enclosure.

No non-synchronous machine shall be placed in or operated from the enclosure without the written permission of the licensing authority.

No person other than a qualified operator employed by the licensee and holding a certificate granted by the Electric Inspector or an apprentice duly authorised by the licensee under rule 89 shall be allowed to enter or be in the enclosure while an exhibition is in progress.

Where a manager or a proprietor holds an operator's certificate, a second qualified operator must be engaged who shall remain on duty in the enclosure during the whole period of exhibition.

No inflammable article shall unnecessarily be taken into or allowed to remain in the enclosure, no smoking shall at any time be permitted within the enclosure, and no naked light shall be used therein.

Cinematograph projectors shall be placed on film supports constructed of fire-resisting material and shall be provided with a metal shutter which can be readily inserted between the source of light and the film gate. This shutter shall immediately be dropped in the event of an accident to the cinematograph apparatus or stoppage of the film and shall only be raised when the film is in motion for the purpose of projection.

The film gate shall be massive construction, and shall be provided with ample heat-radiating surface. The passage for the film shall be sufficiently narrow to prevent flame travelling up wards or down-ward from the light opening.

Cinematograph projectors shall be fitted with two metal film-boxes of substantial construction, to and from which the film shall be made to travel. The film boxes shall be made to close in such a manner, and shall be fitted with film-slots so constructed as to prevent the passage or flame into the interior of the box.

Film spools shall be driven by means of chains, a gears, or belts of fire resisting material and films shall be wound thereon so that the wound film shall not at any time reach or project beyond the edges of the flanges of the film spool.

The rewinding of films shall not be carried on in the enclosure while an exhibitions is in progress.

Not more than 200 Ib. of inflammable Cinematograph film shall be stored in the premises to which this licence relates, unless a specific licence has been obtained from the Chief Inspector of Explosives in India as required by the Cinematograph Film Rules, 1948.

(i) A separate room shall be provided for the rewinding of films which shall be constructed throughout of fire-resisting materials. (iii) All fittings and fixtures in the winding room shall be constructed of fire-resisting materials and the entrance shall be provided with self-closing close-fitting door and shall not communicate directly with the enclosure, the auditorium or any part of the building to which the public are admitted.

No illuminant other than-electric light shall be used in the building.

(i) Provision shall be made for adequate illumination of the auditorium and the exits therefrom to the outside of the building including passages, corridors landings and stairways, the notices indicating the position of exits, and all parts of the building to which the public are admitted. (ii) During the whole time the public are present in the building the lighting for purposes other than the illumination of the auditorium shall be in operation sufficiently to enable the public to see clearly the way out.

The auditorium shall be provided with two independent lighting circuits taken from two different and independent sources of supply in the building or place licensed for exhibition. One circuit (hereinafter referred to be the general lighting circuit) which must not enter the enclosure, may, include all exit signs and the lighting of all part of the building to which the public are admitted and shall be connected to the main source of supply in the building; and the other circuit (hereinafter referred to as the emergency lighting circuit) shall be used exclusively for the lighting of the auditorium and shall be controlled from a convenient position within the enclosure and shall be connected to the second independent source of supply, as distinct from that used for the general lighting circuit. Before the commencement of each exhibition, it shall be ascertained by the operator, that the independent source of supply provided for the emergency circuit is in satisfactory order and the supply from the same is available for immediate use in case of emergency.

(i) The emergency lighting circuit shall supply not less than three lamps arranged so as to avoid, as far as possible, a single fault extinguishing all the lamps. (ii) Two way control from both within and without the enclosure may be adopted for the emergency lighting circuit provided that the control from outside the enclosure is suitably indicated, is not mounted on the same board as any of the general lighting circuits, and is placed in such a position as to be readily handled by a member of the Cinema Staff but inaccessible to the public.

(i) A separate and distinct circuit shall be provided for the supply to cinematograph lamps. Such circuit shall be controlled by a suitable main switch and fuses required in pursuance of rule 59; and there shall be in addition for each lamp a totally enclosed double pole iron clad switch and fuse placed in a convenient position within the enclosure. (ii) When the cinematograph lamp is working the electrical pressure across the terminals of the double pole switch shall not exceed 110 v. lts.

A separate and distinct circuit shall be provided for the supply of energy to fans.

(i) Separate main switches and main cut-outs shall be provided as near as possible to the source of supply in the building for the general emergency, projector and enclosure circuits and for all fan circuits, provided that the emergency lighting main switch and cut-outs are suitably indicated and are not mounted on the same board as any other control. (ii) All main switches, meters and other electrical apparatus installed near the source of supply in the building shall be housed in a separate enclosure used exclusively for the purpose and inaccessible to the public.

Except as otherwise specially provided in these rules, the electrical installation shall be in accordance with such specifications as may from time to time be prescribed by Government by notification in the official gazette.

(i) Writing within the enclosure and for the emergency lighting circuit shall be screwed piping except that where flexible cables are necessary the flexible portion shall be either steel armoured or enclosed in suitable flexible metallic steel tubing. (ii) There shall be no unnecessary slack electric cable within the enclosure and all cables runs shall be as short and direct as possible.

All switches, cut-outs, resistances, lights, fans and all other electrical appliances in the enclosure shall be mounted on basis of fire resisting materials and where practicable shall have strong metallic covers enclosing all live parts. Switch covers shall be arranged in such a way that they cannot be opened unless the switch is in the "off" position.

All metal work supporting or protecting electric supply lines shall be efficiently earthed by two-separate and distinct connections with the earth. The resistance of the connection with the earth shall not exceed one ohm and all earthing leads shall run in such a manner that the course of each may be readily traced. Where earthing leads pass through walls or laid in floors they shall be suitably protected.

Resistances shall be made entirely of fire-resisting material and shall also be so constructed and maintained that no coil or other parts shall at any time become unduly heated, i.e., they shall not become so heated that a piece of paper placed in contact with any part of the resistance would readily ignite. All resistances, with the exception of a resistance for regulating purposes, shall be placed outside the enclosure and in a part of the building to which the public are not admitted.

All suspended fittings or apparatus other than small single lamp pendants fitted at a height of less than 10 feet above the floor levels of parts of building to which the public are admitted shall be provided with satisfactory means of suspension independent of the conductors.

Plant for the generation of electrical energy or for cooling purposes, oil engines or other prime movers, main circuit transformers, converters or rectifiers shall be placed in a compartment or compartments, the construction and location of which shall be subject to the approval of the licensing authority.

Electric accumulators, unless installed in rooms or compartments specially reserved therefor, shall be completely enclosed together with the terminals in substantial casings constructed of, or lined with insulating and fire-resisting material. Accumulators in cells or containers of celluloid shall not be installed, stored or used.

Electric heaters or radiators shall not be used in any part of the building to which the public are admitted except with the consent of the licensing authority and subject to such conditions as he may prescribe.

A framed diagram or schedule indicating clearly the arrangement of all circuits and sub-circuits of the electrical installation, the position of the distribution boards and the sizes of cables shall be displayed in the building and shall be kept up to date.

Attendants and all members of the staff employed in the building during an exhibition shall carry electric torches for use in emergency in the event of failure of the lighting.

The rules in this part shall apply to exhibitions given by means of touring cinematographs in places licensed temporarily.

The cinematographs apparatus shall have been certified by the Electric Inspector, within a year of the date on which the exhibition is given to be usable without danger to the public.

(i) Touring cinematographs used for giving public exhibitions shall be brought for the purposes of annual inspection by the Electric Inspector to a town where a licence under the Indian Electricity Act, 1910, has been granted. (ii) If after such inspection the Electric Inspector is satisfied that a touring cinematograph is usable without danger to the public he shall issue a certificate to this effect.

The Cinematographs apparatus shall be housed in a fire-proof enclosure; Provided that if the cinematograph apparatus is certified by the Electric Inspector to be a touring cinematograph of the safety class no fire- proof enclosure need be provided, but a clear space of six feet (hereinafter referred to as the "reserved space") shall be railed off all around the cinematograph apparatus.

In the case of exhibitions given in tent or booth or in any shelter or structure composed of, or covered with, combustible materials or of, moveable character, the cinematograph apparatus shall be operated from outside such tent, booth, shelter or structure and shall be placed, in accordance with the provisions of rule 75, at a distance of at least six feet there from.

No person other than a qualified operator, employed by the licensee and holding a certificate granted by the Electric Inspector or an apprentice duly authorized by the licensee under rule 89 shall be allowed to enter or to be in the enclosure or the "reserved space" while an exhibition is in progress.

No inflammable article shall unnecessarily be taken into, or allowed to remain in the enclosure or, "reserved space"; no smoking shall be permitted therein and no naked light shall be used therein.

No drapery and no unprotected combustible materials other than such materials as may compose the floor shall be within six feet of the cinematograph apparatus.

The following fire appliances shall be provided, viz., a bucket of sand, two buckets of water, a damp blanket and one portable chemical fire extinguisher of pattern, class and capacity approved by the licensing authority and such other appliances as the licensing authority may prescribe. They shall be so disposed as to be readily available for use in case of fire within the enclosure.

All films not in use shall be kept in securely closed fire-resisting receptacles.

Adequate means of exit shall be provided as prescribed by the licensing authority.

Without prejudice to the generality of the foregoing rule, no tent, booth or similar structure shall be used for the purpose of a cinematograph exhibition if it is enclosed by a wall or walls which do not permit of adequate means of egress and which are erected within 30 feet of such tent, booth or similar structure.

The seating shall be so arranged as not to interfere with free access to exits, and both the exits and passages and gangways leading to them shall throughout the performance be kept clear of all obstacles.

(i) During an exhibition the enclosure shall be in charge of a qualified operator of not less than 18 years of age who holds a certificate granted by the Electric Inspector to the effect that he is competent to handle and operate a cinematograph. (ii) An operator shall not be granted a certificate unless he - (a) possesses a working knowledge of cinematograph machines and a particular technical knowledge of the type of machine which he is at the time employed in operating; (b) is thoroughly conversant with the rules relating to cinematograph exhibition and precautions against fire; (c) is acquainted with the most speedy and effective methods of dealing with fire; (d) possesses a fair knowledge of the elements of electric power, direct and alternating current, voltage, amperage, etc.; and (e) is proficient in the handling, winding, repairing and efficient cleaning of films. (iii) The District Magistrate may, for the reasons to be recorded in writing, withdraw the certificate granted by the Electric Inspector. (iv) In regard to the grant and withdrawal of certificate, the Electric Inspector shall act under the general supervision of the licensing authority. (v) The fee for a grant of a certificate shall be Rs. 5 but a duplicate copy may be granted on payment of Rs. 2.

The operator incharge shall be present in the enclosure and shall devote his whole attention to the cinematograph during the whole time that it is being operated. He shall, see that the provisions of rule 90 and of rules 42, 44, 49 or 77, 78, 79 as the case may be, are strictly observed,

(i) Before the commencement of an exhibition, the operator incharge shall satisfy himself that all cables, leads, connections and resistances as also the fire extinguishing appliances in the enclosure are in the proper working order. (ii) The resistances, if not under constant observation, shall be inspected at least once during each performance. If any fault is detected, current shall be immediately switched off and shall remain switched of until the fault is removed.

The operator incharge shall not allow the film to travel through the machine at a greater speed than one hundred feet a minute.

An apprentice duly authorised by the licensee may be allowed within the enclosure. Such apprentice shall be not less than 16 years of age and shall not be permitted to operate the cinematograph except in the presence of the operator incharge.

No person shall operate a cinematograph or be within the enclosure while under the influence of liquor or any other intoxicant.

Every person who holds a licence under section 5 of the Act shall furnish the licensing authority with a list of operators employed by him and whenever any operator is engaged by him, he shall furnish the licensing authority and the Electric Inspector with particulars regarding him before he is allowed to commence work.

An appeal under sub-section (3) of section 5 and sub-section 4 of section 7-A of the Act shall be preferred by the aggrieved person to the State Government in the Home Department within 30 days of the communication to him of the decision of the licensing authority.

The licensee shall comply with all the rules made under the Act.