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State of Odisha - Section

Section 8 in The Orissa Cinemas (Regulation) Rules, 1964

8. [ [Substituted vide Orissa Gazette Extraordinary No. 1565/7.11.1986-Notification No. 50712-Poll.c-26/86-Poll/1.9.1986.]

(1)The licensing authority shall invite applications twice in a year once in January and again in July from persons intending to construct cinema houses and to set up touring and open air cinemas in the district. Such persons shall submit their applications enclosing thereto-
(i)a site plan in duplicate on a separate sheet drawn to the scale of one fifth of a centimetre to thirty centimetres showing the position of the premises in relation to any adjacent premises to the public thorough-fares upon which the site of the premises abuts and the arrangements proposed for the parking of motor cars and other vehicles;
(ii)full particulars regarding the ownership of the site and all rights in the premises and in the cinema apparatus to be used therein;
(iii)in case of new construction complete plans, elevations and sections in duplicate of premises and all sections or buildings proposed thereon drawn correctly to the scale of one half of a centimetre to thirty centimetres and showing the width of all stair cases and the number of steps in each, the width of corridors, gangways and doorways, the height of the scenery and of the plant for the generation or conversion of the electric energy;
(iv)specifications of the various materials proposed to be used in the construction of the building;
(v)a single line writing diagram showing detail of the entire electrical installations from the supply station to the last light and fan points with specification and particulars of the material and equipment proposed to be used for the electrical installation;
(vi)evidence of financial solvency and guarantee for construction or the building and running the cinema exhibitions;
(vii)a Treasury challan showing the payment of non-refundable application fee of rupees ten only and also the required fee for grant of licence.
(2)
(a)There shall be a Board in each district consisting of the Licensing Authority, the Superintendent of the Police, the Executive Engineer, Roads and Buildings, Executive Engineer, Public Health Department, the Executive Engineer, Electrical and the Chairman, Improvement Trust or Municipality or N.A.C. or representative of the Special Planning Authority of the area, as the case may be. The Licensing Authority will be the Chairman of the Board.
(b)Soon after the expiry of the last date of receipt of applications for construction of new Cinema Mouses or for setting up of touring cinemas or open air cinemas. The Licensing Authority will convene a meeting of the Board to consider all such applications received.
(c)The Board shall consider-
(i)the need for having a new cinema house in the locality;
(ii)the right, title and interest of the applicant over the site in which the cinema to be located;
(iii)the solvency of the applicant; and
(iv)in case of new construction, the time-limit by which the applicant should complete the construction of the building in all respects.
(d)In considering the need for new cinema houses in a locality, the Board should take into consideration the number of cinema houses already in existence within eight kms. radius of the locality the total population of the area.
Notes - Ordinarily one cinema house for a population of 40,000 within a radius of eight kms. should be considered as adequate.
(e)The Board shall then submit its recommendations to the Licensing Authority within four months from the lost date fixed for receiving application regarding the need for construction of new cinema house in the locality, suitability of the site and the suitability of the applicant for grant of permission for construction of the cinema house or for setting up open air cinemas or touring cinemas :
Provided that the Board may also recommend to give preference so any entrepreneur applicant whose case is sponsored by the Film Development Corporation which is a fully State-owned undertaking.
(3)
(a)On receipt of the recommendations of the Board the Licensing Authority shall take first decision as to which of the applicants shall be granted permission for construction of cinema houses at the sites applied for or for setting up open air cinemas or touring cinemas, as the case may be, and shall then issue orders granting permission to the applicant concerned for construction of the building or for setting up of open air cinemas or touring cinemas. In the case of construction of new buildings he shall fix the time not exceeding two years by which the applicant shall complete the construction of the cinema house in all respects :
Provided that time for construction of the cinema house may be extended even beyond two years by the licensing authority if the applicant proves to his satisfaction that the delay is due to reason beyond his control.
(b)The applicants whose applications are rejected shall be informed of such rejection by the licensing authority.
(4)
(a)After the building is completed the applicant shall furnish to the licensing authority six copies of applications for grant of licence along with the required fees for grant of licence with certificates from the registered Contractors that the electrical and public health fittings have been duly made in conformity with the requirement of the Rules. The Board or a Sub-Committee of the Board duly authorised by the Board shall then visit the building and after being satisfied about the general and technical conditions of the building shall recommend to the licensing authority for grant of licence in favour of the applicant. The licensing authority on receipt of the said recommendations shall take final decision for issue or refusal of licence in favour of the applicant.
(b)In the event of the application for grant of licence being rejected, the fee paid for grant of licence shall be refunded.
(5)Applications shall be submitted to the licensing authority before any alteration necessary for the adaptation of the premises for cinema exhibition are taken in hand. Detailed particulars regarding the alteration proposed to be made should be submitted along with the applications. The licensing authority may grant permission for making such alterations after consultation with the Board.]