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State of Bihar - Section

Section 28 in Bihar Cinemas (Regulation) Rules, 1974

28. [ Restriction on sale of tickets. [Inserted by S.O 2976 dated 18.12.1976.]

- No person, other than those mentioned in rule 27(1) shall sell or keep or offer or expose for sale or cause to be sold, kept or exposed or sale any ticket for admission (including any pass or other evidence of right of admission) to any cinema.
(2)No person shall, be resorting to corrupt practice or influencing those mentioned in sub-rule (1) above or otherwise purchase or obtain possession of or keep in his possession any such ticket, for admission to a cinema house in excess of the number normally required for members of his house-hold and not more than four for his guests, if any.] [Added by Bihar Gazette (extraordinary) No. 606, dated 19 August, 2010.]NotificationsS.O. 1484 the 5th December, 1983. - In exercise of the powers conferred under Section 9 of the Bihar Cinemas (Regulation) Act, 1954 (Bihar Act no. 15 of 1954), the Governor of Bihar is pleased to make the following amendments in Cinemas (Regulation) Rules, 1974:-
(a)Plannings standard for the construction of permanent Cinema houses in rural areas.
  Amenities. Cinema houses with seating capacity of 250. Cinema houses with seating capacity of 251 to500. Cinema houses with the seating capacity of 501and more.
  1 2 3 4
1. Minimum breath of the plot. No minimum standard prescribed. No minimum prescribed. No. minimum standard prescribed.
2. Minimum breadth of the front road Set backs- 9 metres 9 metres 9 metres
3. (a) Front 4.5 metres 9 metres 9 metres.
  (b) Both sides Nil 3 metres 4 metres.
  (c) Back 3.0 metres 3 metres 4 metres.
For Parking-      
  (a) Car/tractor Nil 1% of the total seating capacity (215.0 sq. ft./100 seats) 1.5% of the total capacity (323 sq. ft. /100 seats).
  (b) Motor cycle/Scooter. Nil 4% of the total seating capacity (129 sq. ft./100 seats.) 6% of the total seating capacity (194 sq. ft./100 seats.)
  (c) Cycle Nil 15% of the total seating capacity (226 sq. ft./100 seats). 20% of the total seating capacity (301 sq. ft./100 seats).
  (d) Minimum area per seat 0.55 square metre (6 sq. ft.) 0.55 sq. metres (6. sq. ft.) 0.55 sq. metres (6 sq. ft.)
Note. - Parking space for motor vehicles, scooter and cycle would not be less than 20. 4 sq. metres and 3.3 sq. metres respectively.
(b)Planning standard for the construction of permanent cinema houses in towns with the maximum population of 50 thousand.
  Amenities Cinema houses with the seating capacity of 500. Cinema houses with the seating capacity of 501and more.
1. Minimum breadth of the area. No Standard minimum prescribed. 25 metres.
2. Minimum breadth of the road facing the cinema house. 9 metres. 13 metres.
Set backs-    
  Front 9 metres 9 metres
  Both sides 4 metres 4 metres.
  Back 4 metres 4 metres.
Parking-    
  Motorcycle/scooter 1.5% of the total seating capacity (323 sq. ft/100 seats). 2.0% of the total seating capacity (430 sq. ft./100 seats).
  Motor Car 6% of the total seating capacity (194 sq. ft./100) 8% of total capacity (258 sq. ft./100 seats).
  Cycle 20% of the total seating capacity (301 sq. ft./100 seats). 20% of the total seating capacity (301 sq. ft./100 seats).
  Minimum space per seat 0.55 sq. metres (6 sq 0.55 ft). sq. metres (6 sq. ft).
  Minimum breadth of the area (space) No minimum standard prescribed. 30 metres.
Note. - Parking space for motor vehicle, scooter and cycle would not be less than 20.3.3.0 and 1, 4 square metres respectively.
(c)Planning standard for the construction of permanent cinema houses in towns having a population from 50 thousand to 2 lakhs.
Amenities Cinema houses with the seating capacity of 500. Cinema houses with the seating capacity of 501and more.
Minimum breadth of the road facing the cinema house. 13 metres 18 metres.
Set back-    
Front 9 metres 9 metres.
Both sides 4 metres 6 metres.
Back 4 metres 5 metres.
Parking-    
Car 2% of the total seating capacity (430.0 sq. ft./ 100 seats) 3.2% of the total seating capacity (710.0 sq. ft./100 seats).
Motor cycle/scooter 8% of the total seating capacity (258.0 sq. ft./ 100 seats) 10% of the total seating capacity (323.0 sq. ft./100 seats.)
Cycle 20% of the total seating capacity (301.0 sq ft./100 seats) 25% of the total seating capacity (377 sq. ft./100 seats).
Minimum space per seat 0.55 sq. metres (6 sq. ft.) 0.65 sq. metres (7 sq. ft.)
Note. - Parking space for motor car, scooter and cycle would not be less than 20.0,3,0 and 4.4 sq. metres, respectively.
(d)Planning standard for the construction of permanent cinema houses in towns having a population of more than 2 lakhs.
Amenities Cinema houses with the seating capacity of 500. Cinema houses with the seating capacity of 501and more.
Minimum breadth of the area. No minimum standard prescribed. 35 metres.
Minimum breadth of the road facing the cinema house. 13 metres 20 metres.
Set back-    
Front 9 metres 9 metres.
Both sides 4 metres 6 metres.
Back 4 metres 6 metres.
For parking-    
Car 3.3% of the total seating capacity (710 sq. ft./100 chairs). 3.3% of the total seating capacity (710sq. ft./100 chairs).
Motorcycle 10% of total seating capacity (323 sq. ft./100 chairs.) 10% of total seating capacity (323 sq. ft./ 100 charis.)
Cycle 25% of total seating capacity (377 sq. ft./ 100 chairs). 25% of total seating capacity (377 sq. ft./ 100 chairs).
Minimum area per chair 0.55 sq. metres (6 sq. ft.) 0.65 sq. metres (7 sq. ft.)
Note. - Parking place for car should not be less than 20.0 sq metres and parking place for a scooter and a cycle should not be less than 3 sq metres and 4 sq metres respectively,Following general conditions will also be applicable-
(1)Construction of cinema houses in towns would be permitted only in those areas which are located in commercial and industrial areas under the present plans or have been shown as proposed commercial and industrial areas in the master plan.
(2)On the basis of the master plan for towns the construction of cinema houses would be permitted in the neighbourhood centres also shown in the residential area.
(3)No permission would be given for construction of cinema houses within 75 metres of the following places:-
(a)Approved or old place of worship.
(b)School etc. recognised by the Government.
(c)Hospital with 50 or more beds.
Cinema houses up to a total capacity of 250 seats can however be built within 75 metres.
(4)On a single piece of plot, permission for constructing more than one cinema house would be given provided all kinds of security requirements have been taken care of. But each cinema should have at least two sides open to the sky.
(5)Where permission for constructing cinema house adjacent to within or in the compound of another building proposed to be used can be accorded on the basis of the master plan or its-bye-laws, such permission may be given for constructing the cinema house only on the ground floor and not in the basement or on the upper floors.
(6)No portion of a cinema house is to be used as factory, workshop, store or hotel etc, but for the sake of running the cinema house permission to start a few shops, office room and restaurant would be given. Before such permission is given all kinds of security requirement should however, be observed, such as separate arrangement etc., should be made for entry to the cinema house.
(7)If permission is accorded for construction of a cinema house in a commercial complex neighbourhood or city centre complex then permission for constructing a common parking place would be given keeping in view the parking requirements of all those buildings which are to be constructed in the entire complex.
(8)In any cinema plot the room available within the set-backs can be kept for parking. At both the sides and back a space of at least 4 metres and at front at least a space of 9 metres respectively should, however be left vacant for plying of vehicles and pedestrians.
(9)Land would be secured from the plot of the applicant for the purpose of the minimum breadth to roads on the basis of the master plan in a town having the same even if such minimum breadth is equal or more than the recommended planning standard. But at those places where the breadth of the existing road is less than the one recommended in the master plan then in that case permission for constructing cinema house on that road would only be given if the breadth of the existing road is not less than 9 metres.
(10)Permission for constructing portion of any cinema house within both the sides or at the back side of the proposed set back will not be given. But at the front side set back permission would be given for constructing balcony up to 3 metres breadth a height of at least 2 metres.
(11)Provisions regarding safety, location and entry etc, made in the Cinema Code and Fire Safety Code of the Indian Standard Institution should be taken care of while designing a cinema house.
(12)The term of 2 years under rule 6 of the Bihar Cinema (Regulation) Rules be read as 5 (five) years term.S.O.1368 dated the 12th October, 1982. - The Governor of Bihar is pleased to repeal the amendments made in Rule 26 of the Bihar Cinemas (Regulation) Rules, 1974 under the power conferred on him under Section 9 of the Bihar Cinemas (Regulation) Act, 1954 (Bihar Act XV of 1954) and published in Bihar Gazette under notification no. 48 dated the 13th January, 1982.Notwithstanding such repeal if any action has been taken or any act done under its provisions, it shall be deemed to have been validly taken or done and shall not be questionable in any court of law.S.O.48 dated the 13th January, 1982. - In exercise of the powers conferred by section 9 of the Bihar Cinemas (Regulation) Act, 1954 (Bihar Act XV of 1954), the Governor of Bihar is pleased to make the following amendments in the Bihar Cinemas (Regulation), Rules, 1974 :AmendmentsIn the said Rules-For rule 26, the following rule shall be substituted, namely;"26. (A) No obsence, immodest or objectionable poster, placard, hoarding or pictorial material shall be displayed at the show-windows or lobbies of cinema house or at any other place within the licensed premises.
(B)All types of film posters to be posted at different bazars and lanes shall have to be sent to the licensing authority for approval by cinema owners in writing with two copies of the relevant paper/posters relating to the concerned film/films.
(C)The licensing authority shall issue the certificate immediately indicating terms suitable for unrestricted or restricted public exhibition on roads or lanes etc.
(D)Where cinema owner is informed that a particular obsence film poster which is different from the scene of approved film is required to be restricted for being given publicity, such poster shall have to be kept out from being posted on roads and lanes.
(E)A certificate to be granted by the Licensing Authority under this rule shall be liable to cancellation in respect of which the certificate has been granted being exhibited in a form other than that was proposed before the Licensing Authority for certification.
(F)The owner of the cinema who acts against the provisions of these rules shall be fined by the Licensing Authority which shall range from Rs. 500 to Rs. 1,000.
(G)An appeal by the cinema owners against the certificate of the Licensing Authority shall have to be filed to the State Government whose decision shall be final.
(H)In case of display of uncensored film posters the Appellate Authority on receipt of representation from the cinema owner concerned may condone such officers, if the Licensing Authority recommends that such violation has occurred through inadvertence.]