State of Madhya Pradesh - Act
The M.P. Entertainments Duty and Advertisements Tax Rules, 1942
MADHYA PRADESH
India
India
The M.P. Entertainments Duty and Advertisements Tax Rules, 1942
Rule THE-M-P-ENTERTAINMENTS-DUTY-AND-ADVERTISEMENTS-TAX-RULES-1942 of 1942
- Published on 17 July 1942
- Commenced on 17 July 1942
- [This is the version of this document from 17 July 1942.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Title.
- These rules may be called the Madhya Pradesh Entertainments Duty [and Advertisement Tax] [Inserted by Notification No. 3025-725-1206-V-SR-81, dated 21-11-81.] Rules, 1942.2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context-3. Superintendence of the administration of the Act and collection of duty.
- The Excise Commissioner shall, subject to the control of the State Government, superintend the administration of the Act and the collection of the duty.4. Purchase of the stamps.
- A proprietor of an entertainment shall purchase stamps required by him from treasury or a sub-treasury at the headquarters of a district or tehsil :Provided that when the proprietorship of an entertainment is transferred it shall be lawful for the transferee, after giving due notice of the transfer to the Collector, to purchase from the transferor, within fifteen from date of notice, the stock of unused stamps in the latter's possession.4A. [ [Added by Notification No. 3668-3571-V-SR-79, dated 17-12-1979.]
For purposes of Rule 4, the proprietor of an entertainment shall submit an indent in Form A in duplicate to the Treasury Officer or Sub-treasury Officer concerned, as the case may be.]5. Admission of entertainment.
6. Complimentary ticket.
- A complimentary ticket shall bear on the face of it the words "complimentary ticket".7. Tickets.
8. Affixing of stamps to tickets.
8A. [ [Inserted by Notification No. 3245-49-30-V-SR-71, dated 19-11-1971.]
The proprietor of an entertainment shall maintain a true account, separately, in respect of tickets sold, for each occasion, the performance or exhibition or show is held in a day in Form E.] [He shall enter all tickets received from the press in column no. 6 of Form E on the same day when received.] [Inserted by Notification No. 4155-3763-V-SR-78, dated 8-12-1978.]8B. [ Payment of entertainment duty when stamps are not available. [Inserted by Notification No. 1012-993-V-SR-80, dated 11-4-1980.]
- If for any reason stamps are not available in the treasury or sub-treasury, as the case may be, the Collector may, on an application from the proprietor of an entertainment permit him to deposit the duty and the additional duty in cash on the following conditions, namely :9. Condition for payment of the sum under Section 3 (2) of the Act.
- No proprietor of an entertainment shall allow admission to an entertainment on payment as provided in sub- section (2) of Section 3 of the Act except in accordance with such conditions as the State Government may impose.10. Conditions for issue of tickets covering admission of more than one person.
- No proprietor shall issue a ticket covering the admission of more than one person except in accordance with such conditions as the State Government may impose.11. Admission of a person holding a ticket for one part of an entertainment to another part of the entertainment.
- When a person after he has been admitted to one part of an entertainment desires to the admitted to another part of the entertainment for which a higher duty is leviable the proprietor of the entertainment shall, if he admits the person to other part, issue to him a second ticket of the value equal to the amount of the difference between the amounts of payment for admission to the two parts, after affixing it a stamp of the value equal to the difference between the duty levied for the part of the entertainment to which he was first admitted and the duty which is leviable for the other part to which he desires admission, and thereafter the provisions of Rules 7 and 8 shall apply to the second ticket.12. Torn etc. stamps.
- The proprietor of entertainment shall not use a stamp that has been torn, defaced or otherwise marked mutilated.13. [ Register of stamps. [Inserted by Notification No. 3245-4930-V-SR-71, dated 19-11-1971.]
- The proprietor of every entertainment shall maintain a register of stamps other than refugee relief stamps in Form A-1 and register of refugee relief stamps in [Form A-2] and shall entertaining true account of the number of respective stamps purchased and used by him upto date.]14. Refund of value of unused stamps.
- When any proprietor has in his possession stamps which have not been spoilt or rendered unfit or useless for the purpose for which they are intended, but for which he has no immediate use the Collector shall, upon such proprietor delivering up the same and proving to the satisfaction of the Collector-15. Renewal of damaged or spilt stamps.
- When any stamp has been damaged or spoilt, the Collector may, on the application of the proprietor made within six months from the date of the purchase of the stamp and on being satisfied that the stamp has not been wilfully damaged or spoilt, give in lieu thereof-15A.
After refund is made under Rule 14 ore stamps are replaced under Rule 15, the Collector may destroy such of those stamps as are, in his opinion, not fit for further use and take back the remaining in the treasury accounts for being resold.16. [ [Substituted by Notification No. (33) B-5-3-99-CTD-V, dated 27-4-2000.]
The proprietor of any entertainment for paying Entertainment Duty in accordance with the provisions of any of the clauses enumerated in sub-section (2) of Section 4 of the Act, shall submit an application in Form F to the District Excise Officer of the concerned district who shall, after verifying the facts stated therein, forward it alongwith his report in Form G to the Collector. The Collector shall be competent, subject to the restriction if any mentioned in this rule, to grant or refuse such permission.16A.
[X X X] [[Rule 16A omitted by Notification No. (33) B-5-3-99-CTD-V, dated 27-4-2000. Old Rule 16-A is reproduced below:Facility once granted under these rules shall be binding on the proprietor concerned for whole of the financial year in which it is granted and the proprietor shall not have the right to opt out of it, If the facility is granted during the course of a financial year instead of at its commencement, the Excise Commissioner shall determine how the facility shall be enjoyed during the remaining period of the financial year. Application for renewal of the facility shall be submitted to the Excise Commissioner two months before the commencement of the next financial year:Provided that no facility granted may be withdrawn by the proprietor of Cinema any time after giving 30 days notice in advance to the Excise Commissioner of his intention of doing so or vice versa.]]16AA. [ [Inserted by Notification No 3227-B-5-149-86-V-5, dated 23-7-1986.]
| (i) | At the District Head-quarters | The District Excise officer. |
| (ii) | At the Tehsil Headquarters | Sub-Inspector of Excise Department. |
| (iii) | In places other than those mentioned in (i) and (ii) above. | Sub-Inspector of Excise of the Circle. |
16B. [ Payment of advertisement tax. [Inserted by Notification No. 3025-721-1206-V-SR-81 dated 21-11-81.]
045.
-Other Tax and Duties on Commodities and Services-Entertainment TaxTax CollectionsAdvertisement TaxAdditional levyDeduct-refund.17. Previous intimation of the commencement of an entertainment.
- The proprietor of an entertainment, admission to which involves payment of duty, shall give to the Collector, intimation in writing of the nature, date, time and place of entertainment, not less than three days before the date fixed for the entertainment.17A. [ Previous intimation of exhibition of advertisement. [Inserted by Notification No. 3025-721-1206-V-SR-81, dated 21-11-81.]
- The Proprietor of an entertainment who exhibits any advertisement on which advertisement tax is payable shall intimate in writing to the District Excise Officer, not less than three days before the date fixed for exhibition of every such advertisement, the description, date, time and place of exhibition of the advertisement and such other details as the District Excise officer may, in this behalf determine.]18. Complimentary tickets.
19. Exemption under Section 6 (1) and refunds under Section 6 (2).
20. Form of exemption under Section 6 (1).
- When an entertainment is exempt from duty under sub-section (1) of Section 6 of the Act, the Collector shall issue to the proprietor of the entertainment a certificate in Form D and the proprietor shall comply with the condition specified therein.21. Application for exemption.
- A person seeking exemption under Section 7 to the Act shall make an application, in writing, to the Collector not later than ten days before the date of entertainment.22. Production of Tickets.
- A person who has been admitted to an entertainment in respect of which duty is payable shall, on demand made during the course of or immediately before or after entertainment by any officer authorised under Section 9 of the Act, produce the ticket or a portion of the ticket or badge by means of which he was admitted.22A.
No person shall transfer nor shall any person receive by transfer any ticket which has been issued by the proprietor of an entertainment, or by any person duty authorised by the proprietor to issue tickets at a price in excess of that for which, inclusive of duty, it was issued.23. Inspection of books etc.
23A. [ Inspection of books and records and furnishing of returns relating to advertisement tax. [Inserted by Notification No. 3025-721-1206-V-SR-81, dated 21-11-1981.]
23B. [ Collection of duty for providing facilities in the Cinema Hall. [Inserted by Notification No. (49)-B-5-14-99-CTD-V, dated 18-9-2000.]
24. Soldiers and Homeguards in uniform.
- No duty shall be leviable on payments for admission to an entertainment made by-24A. [ Period and principal for paying annual grant in aid. [Inserted by Notification No. 227-1529-V-SR, dated 20-1-1962.]
24B. [ [Inserted by Notification No. 4169-5066-V-SR-78, dated 11-12-1978.]
Every appeal under sub-section (1) of Section 4-D of the Act shall be preferred within sixty days from the date of communication of the order against which the appeal is preferred.24C. [ Maintenance of register, periodical returns, etc. in respect of advertisements. [Inserted by Notification No. 3025-721-1206-V-SR-81, dated 21-11-1981.]
25. Penalty for breach of rules.
- Whoever contravenes the provisions of, or commits a breach of any of these rules shall be punishable with fine which may extend to Rs. 500/-.[Form A] [Inserted by Notification No. 3668-3571-V-SR-79, dated 17-12-1979.][See Rule 4-A]Name of Cinema........................................................Name of Proprietor........................................................| Class of ticket | Value of stamps to be affixed on each ticket | Present stock of stamps | No. of stamps required of the value shown in col.(2) and their total value |
| (1) | (2) | (3) | (4) |
| No. and date of challan and amount credited forstamps | Particulars of stamps issued by the TreasuryOfficer | Signature of the Treasury Officer in token ofverification of entry in col. No. 7 | |
| Challan No. and date | Amount | ||
| (5) | (6) | (7) | (8) |
| Denomination of stamps | Duty | Opening balance | Date of purchase |
| (1) | (2) | (3) | (4) |
| Number purchased | Number used on tickets | Closing balance | Remarks |
| (5) | (6) | (7) | (8) |
| Date | Opening balance | Date of purchase | Number purchased | Number used on tickets | Closing balance | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Price of tickets of each class inclusive of duty | Number | Tickets sold | Gross Receipts | Amount of duty collected | |
| Serial Nos | |||||
| From | to | ||||
| (1) | (2) | (3) | (4) | (5) | (6) |
| Unsold tickets on hand | Number of books | Counterfoils | Remarks | |||
| Number | Serial Nos. | Serial Nos. of tickets | ||||
| From | To | From | To | |||
| (7) | (8) | (9) | (10) | (11) | (12) | (13) |
| Rate of tickets of each class issued | Number of seats provided in each class | Number of complimentary tickets (issued in eachclass) | Remarks | |
| Ordinary | Season | |||
| (1) | (2) | (3) | (4) | (5) |
| Date | Price of the tickets of the class inclusive ofduty | No. of tickets | Opening balance | No. of tickets |
| Serial Nos. | ||||
| FromTo | ||||
| (1) | (2) | (3) | (4) | (5) |
| Number of tickets received | Total number of tickets (Column (3) plus Column(5)) | Total No. of tickets | No. of tickets sold |
| Serial numbers | Serial No. | ||
| FromTo | FromTo | ||
| (6) | (7) | (8) | (9) |
| No. of tickets sold | No. of tickets unsold | Serial No. | Price of Admission of each ticket (exclusive ofduty) |
| Serial Nos. | No. of unsold tickets on hand (Co. 7 minus Col.9) | FromTo | |
| FromTo | |||
| (10) | (11) | (12) | (13) |
| Entertainment duty on each ticket | Total duty due on the tickets sold | Amount of duty paid and the period to which itrelated | Challan No. and the date under which duty is paid | Remarks |
| Number of stamps affixed with denominations | ||||
| (14) | (15) | (16) | (17) | (18) |
| Total for 1st Show........ | Total for the day.......... |
| Total for 2nd Show........ | Total for the week.......... |
| Total for Extra Show........ | Total for the month.......... |
2. I undertake to abide by the terms and conditions subject to which the facility applied for is granted to me.
*3. Details regarding the entertainment are given below:-| S. No. | Class | Seats | Rate |
| Serial No. | Year | No. of shows permitted | Amount | ||
| Entertainments duty | Addl. E.D. | Total | |||
| (1) | (2) | (3) | (4) | (5) | (6) |
2. This case is fit for the grant of the facility applied for/unfit for the grant of the facility applied for, due to the following reasons:-
*3. The working of the mechanical contrivance has been seen by me personally on.......... (date)............. and found to be satisfactory/unsatisfactory. Details are given below :-*4. The amount of duty received from the proprietor in the financial year....... was Rs......... and works out to....... per cent of the amount worked out by multiplying together the total number of seats, the rate of payment for admission and the number of shows held in that year, as shown below:-| Classwise | Number of seats | Rate of admission | No. of shows | Rs. |
| 123 | 123 | Total.... |
| Name and place of entertainment | Facility availed and the relevant clause ofSection 4 (2) | Number of seats and rates of admission classwise | Shows held in the week | Number of seats occupied classwise on each |
| Class | Number | Rate | Date | Number of shows held |
| (1) | (2) | (3) | (4) | (5) |
| I................II...............III..............Balcony..........DressCircle.....Box..............Ladies........... |
| Amount due | Amount paid | ||||||
| Duty | Addl. Duty | Penalty if any | Arrears if any | Duty | Addl. Duty | Penalty if any | Arrears if any |
| (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) |
| Total | Treasury Challan No. and Date | Remarks | Names of films shown in the week datewise |
| (14) | (15) | (16) | (17) |
| Name of Cinema Hall | Date | Name of film shown | Show Number | Details of seats occupied and tickets issuedclasswise | |||||
| Morning | Noon | Matinee | 1st | IInd | No. of seats occupied | No. of tickets issued ticket No. from.. to.. | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| Name and place of Entertainment | No. of seats and rates of admission classwise | Shows held in the week | Number of seats occupied classwise on each date |
| Date | No. of shows held | ||
| (1) | (2) | (3) | (4) |
| Class I......................................Class II.....................................Class III....................................Balcony......................................Dress Circle.................................Class Box....................................Class Ladies................................. |
| Total number of tickets sold classwise | Amount of duty due on the tickets sold by theproprietor, in the preceding week | Amount credited into Government, treasury | ||
| Duty | Addl. Duty | Duty | Addl. Duty | Arrears if any |
| (5) | (6) | (7) | ||
| Treasury challan No. and date through which duty,addl. duty credited and name of Treasury or sub-treasury | Remarks Indicate here the amount deposited in theprevious week, Challan No. and date | Names of film shown in the week date wise |
| (8) | (9) | (10) |
| Name of Tehsil | Name of place | Name of Entertainment | Relevant clause of Section 4 (2) under whichfacility has been applied for | Date of application | Date and authority of sanction. | Amount of security fixed | Amount of security furnished and its details |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Disposal of security amount adjusted towards | Details of refund (e.g. name and date in case ofrefund) | Date of discontinuance and brief reasons togetherwith authority thereof | Signature of District Excise Officer | |||
| Duty | Addl. Duty | Penalty | Refunded | |||
| (9) | (10) | (11) | (12) | (13) | (14) | (15) |
| Name of Tehsil | Name of Place | Name of Entertainment and its serial number asper Register of Proprietors | Nature of facility availed of (Mention clausenumber of Section 4 (2)) |
| (1) | (2) | (3) | (4) |
| Consolidated amount fixed | Due date of payment | Due date of filing return and the date filed |
| Monthly | Weekly | Daily |
| (5) | (6) | (7) |
| Date and amount of payment with number and dateof treasury challan/M.P.T.C. 6 | Balance due, if any | Amount of penalty imposed | Date and amount of payment of penalty with numberand date M.P.T.C. 6 |
| (8) | (9) | (10) | (11) |
| Balance of penalty, if any | Total balance of Col. (9) and (12) | Action taken for recovery of the balance amount | Remarks | Signature of District Excise Officer |
| (12) | (13) | (14) | (15) | (16) |
| S.No. | Description of each | Date of receipt of each slide/trailor | Address of sender | Date and show time when each slide/trailor willbe shown | ||
| Slide | Trailor | Slide | Trailor | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Tax due | Total daily tax due | Signature of the Proprietor | Remarks | ||
| One each slide per show | One each trailor per show | Slides | Trailor | ||
| (8) | (9) | (10) | (11) | (12) | (13) |
| S.No. | Description of each | Total number of shows in which slide/trailorexhibited | Tax due on | |||
| Slide | Trailor | Slide | Trailor | Slide | Trailor | |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Whether tax will be paid on per show per month ordaily basis | Tax actually paid | Treasury challan No. and date | Remarks | |
| Slide | Trailor | |||
| (8) | (9) | (10) | (11) | (12) |
2. I undertake to abide by the terms and conditions subject of which entertainments duty is payable by me.
3. Details regarding the entertainment are given below-
4. I certify that the particulars mentioned above are complete and true the best of my knowledge and belief and no fact has been concealed therein.
Date.................Signature of the Proprietor[Form P] [Substituted by Notification No. B-5-32-89-V-CT, dated 25-3-1991.]Statement of return for payment of entertainments duty under Section 3 (1) (b) of the ActFor the month ending of...................| Name and place of entertainment | No. of persons entertained in the month | Amount due | |||
| ClassIIIIIILadies | Number | Duty | Penalty if any | Arrears if any | |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Amount paid | Treasury Challannumber and dateRemarks | Name of film shown datewise | ||||
| Duty | Penalty if any | Arrears if any | Total | |||
| (7) | (8) | (9) | (10) | (11) | (12) | (13) |
| Name of Tehsil | Name of Place | Name of entertainment | Date of application intimating mode of payment ofduty | Date of-discontinuance and brief reason togetherwith authority thereof. |
| (1) | (2) | (3) | (4) | (5) |
| Monthly amount to be paid | Date of payment | Date and amount of payment with No. & date ofTreasury Challan/M.P.T.C. 6 | Balance due if any |
| (6) | (7) | (8) | (9) |
| Amount of penalty if imposed. | Date and amount of payment of penalty with No.and date of Treasury Challan/M.P.T.C. 6 | Balance of payment if any |
| (10) | (11) | (12) |
| Total balance (Col. 9 & 12) | Action taken for recovery of the balance amount | Remarks | Signature of District Excise officer |
| (13) | (14) | (15) | (16) |
| S.No. | Total No. of tickets sold class wise during thefinancial year | Notional amount of duty payable on the ticketssold | |
| Class | Number of tickets sold | ||
| (1) | (2) | (3) | (4) |
| Amount of duty collected during the financialyear...... under report | Amount of duty collected and carried forward fromthe financial year | Total amount of duty collected/carried forward(column 5+6+7) | |
| Preceding the year mentioned in Column 5 | Preceding the year mentioned in Column 6 | ||
| (5) | (6) | (7) | (8) |
| Total expenditure incurred on providingmaintaining the facilities during the year.... | Balance at the close of the financial year | Signature of the Proprietor | Signature of the chartered accountant |
| (9) | (10) | (11) | (12) |