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State of Rajasthan - Act

Rajasthan Film Shooting Regulations, 2012

RAJASTHAN
India

Rajasthan Film Shooting Regulations, 2012

Rule RAJASTHAN-FILM-SHOOTING-REGULATIONS-2012 of 2012

Published on 24 April 2013
Commenced on 24 April 2013
[This is the version of this document from 24 April 2013.]
[Note: The original publication document is not available and this content could not be verified.]

Rajasthan Film Shooting Regulations, 2012Published vide Notification No. S.O. 32, dated 24.4.2013S.O. 32. - In exercise of the powers conferred by clause (ii) of sub-section (1) of section 11 of the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2011 (Act No. 9 of 2010), the Commissioner, Department of Tourism, Government of Rajasthan, with the prior approval of the Slate Government, hereby makes the following regulations to regulate the activities of film shootings in the State, namely: -

1. Short title, extent and commencement.

(1)These Regulations may be called the Rajasthan Film Shooting Regulations, 2012.

(2)They shall extend to such places, locations, areas, sites in the State as mentioned in clause (i) of sub-section (1) of section 11 of the Act.

(3)These regulations shall come into force at once.

2. Definitions.

(1)In these regulations, unless there is anything repugnant in the subject or context, -

(a)"Act" means the Rajasthan Tourism Trade (Regulation and Facilitation) Act, 2010 (Act No. 9 of 2010);

(b)"Commissioner" means the Commissioner, Department of Tourism, Government of Rajasthan and includes the Director, where an officer is posted on the aforesaid post with such designation;

(c)"Film shooting" means making of cinematographic films of motion pictures of a story or of an episode of a serial of motion picture or event recorded by a camera for the purpose of showing by cinematograph in a cinema, or on television or other electronic media whether that being for a commercial cinema venture or purely artistic creation for publicity and/or advertisement, intended for public viewing or showing or exhibiting whereof would be governed by the Cinematograph Act, 1952 (Central Act No. 37 of 1952) or any other law for the time being in force;

(d)"Form" means the form appended to these regulations; and

(e)"Schedule" means Schedule appended to these regulations.

(2)The words and expressions used but not defined in these regulations but defined in the Act shall have the same meaning as assigned to them in the Act.

3. Single Window clearance system for film shootings.

(1)With a view to afford facilities to persons willing to undertake film shooting in the State at the locations, places, areas or sites mentioned in clause (i) of sub-section (1) of section 11 of the Act, the Commissioner shall act as a nodal agency for all departments of the State and single window clearance system shall be operated by him.

(2)Every person who intend to commence film shooting at any location, places, areas or sites for which the Commissioner is authorised to grant permission under the Act, shall be required to submit an application to the Commissioner in From "A".

(3)The Applicant shall pay an application fee of Rs. 1000/- non-refund able.

(4)Soon after receipt of application, the Commissioner shall cause to be securitized the said application and order for processing the same further and if satisfied, grant permission within a period of fifteen days from the date of receipt of application and upon completion of formalities as envisaged in these regulations and if not satisfied, may refuse to grant permission stating grounds therefor.

4. Formalities which are to be observed and pre-requisites which are to be fulfilled before the grant of permission.

(1)The applicant seeking permission for film shooting in the State shall pay on demand the following charges in advance, -

(a)Location fee per day which shall vary from place to place as are referred to in Schedule-I.

(b)Charges for police convoy shall be determined by the Superintendent of Police or Police Commissioner, as the case may be, on the basis of strength of manpower required and logistics to be deployed and such charges may be deposited in advance with the concerned Police authorities.

(c)Processing charges, Rupees fifteen thousand per day (non refundable), when the shooting is restricted to one week schedule and beyond that, Rupees ten thousand per day.

(d)Security deposit, Rupees fifty lacs, when the shooting is restricted to one week schedule and beyond that, Rupees ten lacs per day. Amount of security deposit shall be deposited in advance, which shall be refunded after adjusting the dues, if any.

(2)The amount of location fee for places as referred to at item number 3 of Schedule-I, processing charges and amount of security deposit shall be deposited by the applicant in the manner and in the form as may be specified by the Commissioner.

(3)Before the order for granting permission is issued, the applicant shall furnish an undertaking, in Form "B", as envisaged in sub-clause (g) of clause (ii) of sub-section (1) of section 11 of the Act.

(4)An officer of Tourism Department shall be deputed at the site of film shooting for overseeing the activities of the film shooting and affording assistance to the film unit. The amount of Security Deposit shall be refunded after receipt of a clearance report regarding due observance of conditions of permission as also on receipt of no dues certificate from concerned Departments of the State Government or the Local Authorities. The applicant shall provide facility for boarding, lodging and transport, free of charge, to the officer of Tourism Department, so deputed, at the site of film shooting.

5. Order granting permission for film shooting.

- The permission for film shooting shall be accorded by the Commissioner, in Form 'C' and copies thereof shall be endorsed to the, -(i)Collector and District Magistrate of the District concerned;(ii)Superintendent of Police of the District concerned or the Police Commissioner in the metropolitan areas concerned;(iii)Director, Archeology and Museums, Rajasthan, if the location is under the control of Archeology and Museums Department;(iv)Principal Chief Conservator of Forest, Rajasthan, if the area is part of a Forest;(v)The Chairperson/Chief Executive officer of the Local Authority when the area where film shooting has been permitted is held by or vested in the Local Authority; and(vi)The Applicant for information and strict compliance of the provisions of the Act and observance of the conditions imposed in the order of granting permission.

(2)It shall be the duty of all the functionaries of State and Local Authorities to whom copies of permission is endorsed to facilitate the activities of film shooting and render necessary assistance and instruct the administrative and subordinate staff to facilitate film shootings at the places specified in the permission, hassle free.

(3)Before granting permission for film shooting at ancient monuments or at locations falling within the forest areas, the Commissioner shall consult the Departments concerned and may impose certain conditions as suggested by them in order of granting permission. The heads of these departments shall furnish the information as and when sought by the Commissioner within five days.

(4)Before granting permission, the Commissioner shall consult the Police Officer concerned.

(5)The Commissioner may impose special conditions in addition to the general conditions as specified in Schedule-II. These general conditions and special conditions, if any, shall be observed by all the film shooting units.

6. Permission granted by the Commissioner shall be binding on all departments of the State and the Local Authorities.

- In view of the provisions contained in clause (iii) of sub-section (1) of section 11 of the Act, once permission is granted by the Commissioner, same shall be binding on all departments of the State Government and the Local Authorities.

7. Repeal and Savings.

(1)All instructions, guide lines, circulars, orders/directions issued by various functionaries of State Government on the subject, covered by these regulations, before the date of commencement of these regulations and which are inconsistent with these regulations shall stand repealed.

(2)All pending matters on the subject governed by these regulations shall be dealt with in accordance with these regulations and all actions taken or permissions, if any granted, in which shooting is in progress or yet to be commenced, shall be deemed to have been granted under these regulations and governed by these regulations.Form 'A'[See Regulation 3]Application seeking permission for film shootingToThe Commissioner,Department of Tourism, Government of Rajasthan,Jaipur.Sir,I/We intend to shoot film in the State and request that necessary permission as required under section 11 of the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 (Act No. 9 of 2010) and Rajasthan Film Shooting Regulations, 2012 may be granted. Necessary particulars are given below:

1. (a) Name of the Applicant (IN BLOCK LETTERS):

...............................(if the applicant is a company, firm, trust, society, its number of incorporation/registration along with registered address and names of Directors and persons responsible for conduct of business of the company, firm etc. should be specifically stated.)

(b)Nationality:...............................................

(In case the person seeking permission is a foreigner, he shall give details of passport, visa and necessary clearances from Central Government)

(c)Title of the film to be shot, if pre-conceived or named

..............................................................

2. Subject or theme of the film with intended use such as in cinema for public viewing, Commercial, T.V. channel. Advertisement, Art, Ecological, wild life, etc.........................................

3. Likely or proposed area, location, site where the film shooting is to be done (to be indicated precisely and expected space which may be needed be indicated) (Enclose brief sketchy map also wherever necessary)..................................................

4. Whether the proposed site cover any heritage/archeological site or place or natural scenic beauty, Hill, Hillock, Desert, water body or forest) (indicate clearly):........................................

5. Duration during which shooting will be carried out (date of commencement and completion of activity may be specified):........

6. Person In-charge of Film Shooting operations and responsible for conduct of affairs at site, who may be contacted by the officials of the State Government............. (Name the person with address and phone number, mobile number)

Details of Police convoy needed at the site(Indicate required number of personnel), state clearly in thiscolumn that Applicant shall bear full charges for deployment ofpolice convoy and other logistics attached (This amount asdetermined by Police Department is to be deposited in advancebefore permission is granted)

(Applicant to State here his willingnessto paysuch charges)

8. Processing charges (Rs. 15,000/- per day for one week schedule and charges for subsequent days to be deposited in advance as per sub-regulation (c) of Regulation 4.

9. Location fee per day which may vary from place to place as referred to in Schedule-I. (to be paid in advance before permission is granted) (Applicant to state its willingness to pay the same, here in this column).

10.

Security Deposit.- (Rs. 50,00,000/-)for a week's duration and Rs. 10,00,000/-for eachextra day. (This amountshall be refundable after adjusting the dues, if any)

(State here willingness to deposit the amount inadvancebefore permission is granted)

11. Undertaking. - Please state here clearly that you shall furnish an undertaking in form 'B' as envisaged under sub-clause (g) of clause (ii) of sub-section (1) of section 11 of the Act.

Place.Date.

(Name)ApplicantFull Permanent/RegisteredE-mailaddress ...............Local address ...............TelephoneNo..................

Form 'B'[See Regulation 4](on rupees ten non-judicial stamp paper duly attested by a notary public)UndertakingI................... S/o........................... aged ...................resident of ........................................ Proprietor/Executive Director/Director/Partner/Manager/ Authorised Agent of M/s ...................... hereby agree and undertake to abide by the condition imposed vide sub-clause (g) of clause (ii) of sub-section (1) of Section (1) of the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 (Act No. 9 of 2010) and also which are attached to the permission accorded for the shooting of film ........... at ........................................ (Locations / Sites, places) that I/We will neither deface, defile or damage any natural or manmade heritage site which is part of a location nor allow to be caused by persons engaged by me for the afore cited film shooting and I/We further undertake to make good the loss caused by redeemable damage by paying restoration charges as and when assessed by the Commissioner, Department of Tourism, Rajasthan as also undertake to suffer penal consequences in accordance with law in case any irreparable damage, if any, is caused by any of us.

Place.Date.

Signature(Name)Position heldas authorized signatoryfor & on behalf & of.................(company/firm)

Form 'C'[See Regulation 5]Government of Rajasthan Department of Tourism

No.F.

Jaipur, Dated:

OrderIn exercise of powers conferred on me under section 11 of the Rajasthan Tourism Trade (Facilitation and Regulation) Act, 2010 (Act No. 9 of 2010) and-after considering the application of applicant M/s............................... submitted before me for seeking permission under and in accordance with Regulation 3 and 4 of the Rajasthan Film Shooting Regulations, 2012, I hereby accord permission to the said applicant for commencing and undertaking film shooting activities for his film titled as ..........................................at (Location, place, site, area, village, city, district) in the State subject to following special conditions in addition to the conditions specified in the Schedule of the said regulations: -The applicant shall carry out film shooting activities at the locations, places, sites and areas stated above strictly in accordance with applicable law and shall abide by the conditions imposed by the Act, regulations referred above and this order.CommissionerNo. F Jaipur, Dated:Copy forwarded to, -

(i)The collector and District Magistrate .................. District ...........................

(ii)The Police Commissioner/Superintendent of Police ......................... District .......................................................

(iii)...................................................................

(iv).....................................................................................

(v)............................................................... for information and affording facilities to the applicant in terms of the Act and regulations cited hereinabove.

(vi)Copy forwarded to the Applicant M/s................................ for information for strict compliance of law regulating the film shooting and the conditions imposed herein above.

Commissioner

I

[See Regulation 4]

1. The charges or fees leviable under the Rajasthan Monuments Archeological Sites and Antiquities Act, 1961 (Act No. 19 of 1961) and rules made there under shall be payable as per scales fixed by the Department of Archeology and Museums, Government of Rajasthan and will be deposited in advance in the respective head of the Department of Archeology and Museums, Government of Rajasthan.

2. The charges/fee leviable as per the provisions of the rules made under the Wild Life (Protection) Act, 1972 (Act No. 53 of 1972), shall be payable in advance as per the rules and will be deposited in advance in the respective head of the Forest Department, Government of Rajasthan.

3. The charges for any other location except 1 and 2 above, on which provisions of the Act apply, shall be determined by the Commissioner in consultation with the Collector of the concerned District and/or the Local Authority concerned.

CommissionerDepartment of TourismGovernment of Rajasthan

II

[See Regulation 5(5)]General ConditionsA. With respect to places, sites which are governed by the Rajasthan Monuments and Archeological Sites and Antiquities Act, 1961 (Act No. 19 of 1961) shall be as follows: -

(i)The grantee of permission shall not film in the interior of monument (s) that is to say such part of any monument as is covered by a roof of any description.

(ii)The grantee of permission in respect of monuments of religious character shall not violate any customary or religious practices in vogue or do anything, which is not in keeping with the religious sentiments.

(iii)The grantee of permission shall not use flash or any other artificial light in respect of paintings.

(iv)The grantee of permission shall not take any heavy equipment (crane) near the monument.

(v)The grantee of permission shall not take Jeep or any vehicle inside the protected area of monument (s).

(vi)No cooking of food should be done within the protected area of monuments (s).

(vii)No food shall be served/ eaten within the protected area of monument (s).

(viii)No permanent structure shall be constructed inside the monument(s).

(ix)The grantee of permission shall not cause any damage to the monument, if caused to the monument during the course of film shooting operations, he shall be liable for penalty and punishment under the Act

(x)The grantee of permission shall ensure that the movement of visitors within the precincts of the monuments (s) is not in any way hampered.

(xi)The grantee of permission is prohibited from making alterations and additions at the site/location of the monument and neither he nor any person engaged by him shall not, in any way, deface or defile any object or structure of the site/location.

(xii)The grantee of permission shall intimate to the Director Archeology and Museums, Government of Rajasthan as and when film shooting is commenced and as soon as the filming is completed.

(xiii)Trolley, if any, to be used, should he having rubber wheels.

(xiv)Minimum number of crews should be deployed so that visitors may not feel inconvenience.

(xv)The grantee of permission or any member of his party shall abide by the instructions of the Director of the Government of Archeology and Museums or his representative at the monument(s).

(xvi)The Courtesy of the said Department shall be duly acknowledged.

(xvii)The grantee of permission shall arrange for preview of the film before the Director of Archeology and Museums at Jaipur before release of the film and also supply a copy of the portion of the film shooting to Department of Archeology and Museums free of cost.

(xviii)Contravention of these conditions may lead to the cancellation of the permission without any compensation to the grantee of permission.

(xix)The permission is non-transferable. It shall be valid for only for the days (Sunrise to Sunset) for the period of permission and shall not be extended save in exceptional cases.

B. Forest area. - With respect to forest area, the applicant grantee of permission shall observe the provisions of law relating to conservation of forest and wild life. He shall also comply with the orders, directions and guidelines-issued by the Forest Department in this regard and ensure that during the process of film shooting in the forest area, tranquility of he area is not unduly disturbed and neither any damage is caused to the flora, fauna or natural heritage nor the same is endangered.C. General. - The applicant grantee of permission shall, -

(i)inform the Collector and District Magistrate, Sub-Divisional Magistrate and Police Commissioner/Superintendent of Police, Dy. Superintendent of Police and concerned Station House Officer of Police Station before commencing shooting;

(ii)inform Executive officer of the Local Authority (i.e. Panchayat, Municipality or other authority in whose local area the film shooting in to be done;

(iii)park its vehicles at the location in orderly way without creating hindrance in the smooth flow of traffic in the area where film shooting is to be done and engage its own volunteers/Guards for safety and orderly arrangement of the parking lot;

(iv)take care that no words or expressions derogating or demeaning Indian culture and civilization are uttered or used in dialogues and no vulgarity is shown;

(v)use the sound system or amplifiers at permissible decibel level and not to create noise or air pollution in the area or vicinity;

(vi)not to tamper with the historical monuments, if any in the area;

(vii)not to hinder normal traffic;

(viii)restrict activities within the area or space allowed in the permission;

(ix)not to cause any inconvenience to the tourists visiting the area where the film shooting is conducted at a place frequented by tourists; and

(x)conduct shooting at specified hours only after duly notifying the same to concerned authorities so as to ensure security of the film shooting unit.

D. Special. - The applicant/grantee of permission for film shooting shall, -

(i)use air craft or helicopter for the purposes of film shooting only after seeking necessary permission or clearance from Director General of Civil aviation and the landing and take of operations from the Air port Authorities and other authorities for helipad;

(ii)inform the fire fighting station of the Local Authorities about location of film shooting for use in emergencies in case any mishap occurs during shooting of the film:

(iii)inform nearest Hospital about it activities so as to receive medical attendance in the event of any need for medical assistance and ambulance van could be detailed;

(iv)ensure to seek consent or permission of the owner of the private premises in the area permitted for film shooting if their premises are used during the film shooting

(v)supply list of Local people used or hired for in the film shooting to the concerned Police Station;

(vi)not to conduct shooting at the places prohibited by law or any authority empowered to do so;

(vii)give details of personnel engaged as security personnel of any private agency, to the Superintendent of Police or the Local Police Station;

(viii)no film shooting to be conducted in the Defense Notified Prohibited Area or Protected Area unless permitted by the authority which prohibited the same;

(ix)movement of foreign actors/artistes to and fro the location in the prohibited area, if permitted, shall be notified to the concerned authorities well in advance, (their documents i.e. pass port/visa shall be kept ready for verification);

(x)norms, guide lines, direction at clause 'A' above with regard to film shooting at monuments and archeological sites shall be fully complied with;

(xi)ensure that while conducting and carrying out film shooting activities at tourist destinations, no undue inconvenience is caused to the Tourists;

(xii)pay specific charges to the authorities for the use of premises of monuments where the same are levied and charged as per law by the authorities;

(xiii)ensure and seek permission, no objection certificate or clearance from respective authorities of the Central Government or the Indian Railways in case premises of the Central Government or Railways situated in the areas are used for film shooting purposes;

(xiv)seek permission from Archeological Survey of India, Ministry of Culture, Government of India in case any monument or site under their control which may be situated in the area if and when sought to be used during the film shooting;

(xv)permission for Aerial photography through Air craft shall have to be obtained from the Director General of Civil Aviation and the Indian Air Force and the Ministry of Home Affairs with specific prior clearance from the State Government details of that portion Scenes of film shall be furnished for scrutiny to the authorities of the State Government and the Central Government before release or otherwise using the film for promotional purposes; and

(xvi)observe provisions of laws in force in the country and the State while conducting activities pertaining to film shooting at the places for which permission has been accorded.

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