SRM Institute of Science & Technology

(Deemed to be university u/s 3 of UGC Act, 1956)

School of Architecture & Interior Design

STUDY MATERIAL
B. Arch.
2019 - 2020
(EVEN SEMESTER)

16AR404
404 – PROFESSIONAL PRACTICE
4TH YEAR – 8TH SEMESTER
2016 REGULATIONS

Compile by: B.G.Denish Kumar, M.Arch.(Asst.Prof)

Compiled M.Arch.
Anoop Menon, MAUD, B.Arch.(Asst.Prof)
Purnachandar.P,
r.P, M.Arch(Asso.prof)
M.Arch
 SYLLABUS
OBJECTIVES:
• To develop understanding of the duties and liabilities of an architect along with knowledge of bye-laws
that relate to the building & the environment in the Indian context .

UNIT- 1 THE PROFESSIONAL ROLE OF AN ARCHITECT & SERVICES RENDERED 9

Architect’s role in society, IIA code of conduct, salient features of architect’s act 1972, the council
of architecture – Architect’s office and its management, elementary accountancy required for the
same etc. Architectural services- conditions of agreement- scope of work, comprehensive
architectural services and architectural competitions, conditions of engagement, remuneration,
professional fees and charges as per IIA norms, - copy rights of drawings.

UNIT- 2 ARCHITECTURAL COMPETITIONS & LEGISLATIONS 12

Regulations governing the conduct of competitions, Types of competition (open & closed
competitions), appointment & duties of Assessors, instructions to participants, award of premium.
Role of development authorities & urban arts commissions, salient features of the DCR for CMA,
important regulations in the Tamilnadu cinema rules 1973 & the TN factory rules 1950,
Environmental acts & laws, special rules governing hill area development & coastal area
management, Heritage act of India etc.

UNIT- 3 EASEMENTS & ARBITRATION 6

Easement Rights –Definition, characteristics of an easement, Natural Rights ,Various easement
rights- Easement of support, Easement of light and air, Easement of right of way, Easement of
eave projection, etc . Continuous and Discontinuous easements, extinction of easements, Modes
of acquiring easement rights – Need for Arbitration, arbitration agreement, role of arbitrators,
umpire etc, excepted matters, arbitral award.

UNIT- 4 TENDER & CONTRACT 10

Calling for Tenders, tender documents, open & closed tenders, various types such as item rate,
lump sum, labour & demolition tenders, conditions of tender, submission, scrutiny,
recommendations & award of contract. Conditions of contract, IIA form of contract, articles of
agreement, certification of contractor’s bills, defects liability. Earnest money deposit, security
money deposit etc.

UNIT- 5 VALUATION & RENT 8

Valuation – purpose of valuation, types of valuation- book value – salvage value- scrap value
depreciation- obsolescence- sinking fund- land valuation ,building valuation- mortgage and lease-
Annuity- definition, Fixation of rent- out going- gross and net income – year’s purchase- capital
cost standard rent- market rent- economical rent.

TOTAL: 45 Hours

OUTCOME: 3

The students are able to Learn the basic principles of architecture profession & Learn various
issues in the architectural practice. Knowledge of the professional responsibilities within the ambit
of the laws of the land by studying building bye laws, etc. Knowledge of Easement rights,
arbitration, Valuation and laws relating to land and property. Understand the Tender & Contract.

REFERENCES:
1. Hand book on Professional Practice by I. I. A, Image systems, Mumbai,1998.
2. Estimating and Costing by Dutta
3. CMDA-Development control rules for CMA.
4. TN cinematograph manual, govt central press, Chennai,1998.
5. Environmental Acts of the Ministry of Environment & forests, GoI.
 UNIT.1
THE PROFESSIONAL ROLE OF AN
ARCHITECT & SERVICES RENDERED
INTROUCTION

Architecture is the art and science relating to building.

Architect is the one who plans, designs and reviews the construction of buildings. To practice
architecture means to provide services in connection with the design of buildings and the
space within the site surrounding the buildings that have human occupancy or use as their
principal purpose

The main character of an architect is to render an unselfish service to mankind

In the architectural profession, technical and environmental knowledge, design and
construction management, and an understanding of business are as important as design. An
architect has a corpus of knowledge with prolonged period of study and practice.

ROLE OF ARCHITECT IN SOCIETY :

ADVISOR
Using the best of his knowledge and experience he should advice the client. His advice must
be only in the best interest of his client.

General Manager
The architect is entrusted with financial undertakings. He has to coordinate with many
agencies like a general manager. His honesty of purpose must be above suspicion.

AUDITOR
The architect has to certify bills, payment & fees to the contractor and other consultants. He
has to work as an auditor. He must be selfless and impartial.

SUPERVISOR
Architect must frequently visit works under construction irrespective of the distance. He has to
inspect site, either work has been carried out as per conditions and specifications of the
contract. The owner or the client completely rely on architect in this aspect.

UMPIRE
He has to work like an umpire in case of dispute between the owner and contractor. He must
act with entire impartiality.

SOCIAL CONSCIOUSNESS
He has the moral responsibility towards the society. His behavior in the society reflects upon
the architectural fraternity as a whole.

EDUCATOR
He shall educate directly or indirectly, his client and the society to improve quality of living
and environment. These are the moral and legal expectation of an architect.
Codes of conduct for Indian architects

A code of conduct is a set of rules that outlines the duties and responsibilities of a particular
person, groups or organization. All professions are bound by these codes, including
architecture which is a process of designing, planning and construction of buildings and
other structures. In India, just like other countries, architects do have codes of conduct.
Indian architects are required to register with a government body called the council of
architecture so that one can be able to carry out the professional practice. It is illegal to
conduct any architectural activities without getting registered by this body. When they
register with this body each architect gets a unique registration number. They also have to
follow the Indians architects act 1972, which states the following.

1. All architects are to be bound by this act and are to follow it.

2. The council of architecture shall be the body responsible for all architects. Through
this body contracts can be made. One can sue or be sued.
3. The head office shall be in Delhi unless stated otherwise by the central government,
which will be put in the gazette.

4. Specifies the number of members who are to be on the council and there mode of
election.

5. It talks about the registration of architects. That with them they should have their
birth certificate, national identification card, relevant school documents and a
degree from a known institution.

6. Punishments to those who give false representation are also stated.

The Indian government also did establish a code of conduct in the Indian constitution.
It is under the professional code of conduct 1989. It states that:

1. Every architect who's either employed or practicing is subject to the provisions of

the central civil services.

2. An architect should make sure that his professional activities do not conflict with
his responsibilities and what he is entitled to do, his responsibility to the society and
environment.

3. He or she should apply and use his skills responsibly for the economic
development of India.

4. The architect shall provide professional services of high quality and to the best
of his ability.

5. Should always inform the client on the conditions of engagement and the terms
of agreement especially if one is on private practice. These are to form the basis
of an appointment.

6. One should not sub commission work to another or other architects without an
agreement with his client.

7. He should not give or take discounts, gifts, commissions or any form of inducement
for introduction of a client or work.

8. He should act with impartiality and fairness when administering a contract.

9. The architect should maintain very high standards of integrity.

10. Should promote the advancement of architecture, research, training, architectural

education and also training.
 11. He should respect and recognize professional responsibilities of consultants.

12. He shall not advertise :

These are just a few codes of conduct stated in the Indian constitution. Architects are
to live by the above regulations so as to have quality output in the services they
deliver. There are also consequences to breach of these codes. One is held liable by
the law.

Architect’s act 1972

An Act to provide for the registration of architects and for

matters connected therewith.

• It has come into force from 31 st May 1972 and extends to

the whole India.

• It contains 4 Chapters with 45 Sections along with one

Schedule.

Chapter - I (Preliminary)

1)

1. This Act may be called the Architects Act, 1972.

2. It extends to the whole of India.

3. It shall come in to force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

2) In this Act, unless the context otherwise requires,

a. "Architect" means a person whose name is for the time being entered in the
register;
b. "Council" means the Council of Architecture constituted under Section 3;
c. "Indian Institute of Architects" means the Indian Institute of Architects registered
under the Societies Registration Act, 1860;
d. "Recognised qualification" means any qualification in architecture for the time
being included in the Schedule or notified under section 15;
e. "Register" means the register of architects maintained under section 23;
f. "Regulation" means a regulation made under this Act by the Council;
g. "Rule" means a rule made under this Act by the Central Government.
Chapter - II (COUNCIL OF ARCHITECTURE)

“A Council to be known as the Council of Architecture, which shall be a body corporate,

having perpetual succession and a common seal, with power to acquire, hold and
dispose of property, both movable and immovable, and to contract, and may by that
name sue or be sued.

The Head Office of the Council shall be at Delhi or at such other place as the Central
Government may, by notification in the Official Gazette, specify.

THE COUNCIL SHALL CONSIST OF THE FOLLOWING MEMBERS, NAMELY:-

1. Five architects possessing recognized qualifications elected by the Indian Institute

of Architects from among its members.
2. Two persons nominated by the All India Council for Technical Education established
by the Resolution of the Government of India.
3. Five persons elected form among themselves by heads of architectural institutions
in India imparting full-time instruction for recognised qualifications.
4. The Chief Architects in the Ministries of the Central Government to which the
Government business relating to defence and railways has been allotted and head
of the Architectural Organization in the Central Public Works Department, ex officio.
5. One person nominated by the Central Government.
6. An architect from each State nominated by the Government of
that state.
7. Two persons nominated by the Institution of Engineers (India)
from among its members. &
8. One person nominated by the Institution of Surveyors of India
from among its members.
9. The President and the Vice-President of the Council shall be
elected by the members of the Council from among themselves.
10. An elected President or Vice-President of the Council shall hold office for a term of
three years or till he ceases to be a
member of the Council, whichever is earlier.
11. The Council shall meet at least once in every six months at such time and place
and shall observe such rules of procedure in regard to the transaction of business at
its meetings as may be prescribed by regulations.
12. Unless otherwise prescribed by regulations, nine members of the Council shall form
a quorum, and all the acts of the Council shall be decided by a majority of the
members present and voting.
13. In the case of an equal division of votes, the President, or in his absence, the Vice-
President or, in the absence of both, the member presiding over the meeting, shall
have and exercise a second or casting vote.
14. The Council shall –
• appoint a Registrar who shall act as its Secretary and who may also act, if so
decided by the Council, as its treasurer.
• appoint such other officers and employees as the Council deems necessary to
enable it to carry out its functions under this Act.
• with the previous sanction of the Central Government, fix the pay and allowances
and other conditions of service of officers and other employees of the Council.
15. Every authority in India which grants a recognised qualification shall furnish such
information as the Council may, from time to time, require as to the courses of study
and examinations to be undergone in order to obtain such qualification, as to the
ages at which such courses of study and examinations are required to be
undergone and such qualification is conferred and generally as to the requisites for
obtaining such qualification.
16. The Executive Committee shall, subject to regulations, if any, made by the Council,
appoint such number of inspectors as it may deem requisite to inspect any college
or institution where architectural education is given or to attend any examination
held by any college or institution for the purpose of recommending to the Central
Government recognition of architectural qualifications granted by that college or
institution.
17. The inspectors shall not interfere with the conduct of any training or examination,
but shall report to the Executive Committee on the adequacy of the standards of
architectural education including staff, equipment, accommodation, training and
such other facilities as may be prescribed by regulations for giving such education
or on the sufficiency of every examination which they attend.
18. The Executive Committee shall forward a copy of such report to the college or
institution and shall also forward copies with remarks, if any, of the college or
institution thereon, to the Central Government.
19. When upon report by the Executive Committee it appears to the Council –
• that the courses of study and examination to be undergone in, or the
proficiency required from the candidates at any examination held by, any
college or institution, or
• that the staff, equipment, accommodation, training and other facilities for
staff and training provided in such college or institution.

20. After considering such representation the appropriate Government shall forward it
along with such remarks as it may choose to make to the college or institution
concerned, with an intimation of the period within which the college or institution,
as the case may be, may submit its explanation to the appropriate Government.
21. The Council may prescribe the minimum standards of architectural education
required for granting recognised qualifications by colleges or institutions in India.
22. The Council may by regulations prescribe standards of professional conduct and
etiquette and a code of ethics for architects.
23. Regulations made by the Council under sub-section (1) may specify which
violations thereof shall constitute infamous conduct in any professional respect, that
 is to say, professional misconduct, and such provision shall have effect
notwithstanding anything contained in any law for the time being in force.

Chapter - III (REGISTRATION OF ARCHITECTS)

1. The Central Government shall, as soon as may be, cause to be prepared in the
manner hereinafter provided a register of architects for India.
2. The Council shall upon its constitution assume the duty of maintaining the register in
accordance with the provisions of this Act.
3. The register shall include the following particulars, namely :-
• the full name with date of birth, nationality and residential address of the
architect.
• his qualification for registration, and the date on which he obtained that
qualification and the authority which conferred it.
• the date of his first admission to the register.
• his professional address and such further particulars as may be prescribed by
rules.
4. A person shall be entitled on payment of such fees as may be prescribed by rules
to have his name entered in the register, if he resides or carries on the profession of
architect in India and -
• holds a recognised qualification, or
• does not hold such a qualification but, being a citizen of India, has been
engaged in practice as an architect for a period of not less than five years
prior to the date appointed under sub-section (2) of section 24,
5. The Central Government shall, by the same or a like notification, appoint a date on
or before which application for registration, which shall be accompanied by such
fee as may be prescribed by rules, shall be made to the Registration Tribunal.
Chapter - IV (MISCELLANEOUS)

1. If any person whose name is not for the time being entered in
the register falsely represents that it is so entered, or uses in
connection with his name or title any words or letters reasonably
calculated to suggest that his name is so entered, he shall be
punishable with fine which may extend to Rs.1000/-
2. After the expiry of one year from the date appointed under sub-section (2) of
section 24, no person other than a registered architect, or a firm of architects shall
use the title and style of architect.
3. If any person contravenes the provisions of sub-section (1), he shall be punishable
on first conviction with fine which may extend to five hundred rupees and on any
subsequent conviction with imprisonment which may extend to six months or with
fine not exceeding one thousand rupees or with both.
 4. The Central Government may, by notification in the Official Gazette, make rules to
carry out the purposes of this Act.
5. The Council may, with the approval of the central Government, *[by notification in
the Official Gazette] make regulations not inconsistent with the provisions of this
Act, or the rules made there under to carry out the purposes of this Act.
6. In particular and without prejudice to the generality of the foregoing power, such
REGULATIONS may provide for -
• the management of the property of the Council.
• the powers and duties of the President and the Vice-President of the
Council
• the summoning and holding of meetings of the Council and the
Executive Committee or any other committee constituted under
section 10.
• the functions of the Executive Committee or of any other committee
constituted under section 10.
• The courses and periods of study and of practical training, if any, to
be undertaken, the subjects of examinations and standards of
proficiency therein to be obtained in any college or institution for
grant of recognised qualifications.
• the appointment, powers and duties of inspector.
• the standards of staff, equipment, accommodation, training and
other facilities for architectural education.
• the conduct of professional examinations, qualifications of examiners
and the conditions of admission to such examinations.
• the standards of professional conduct and etiquette and code of
ethics to be observed by architects.
• any other matter which is to be or may be provided by regulations
under this Act and in respect of which no rules have been made.

Architect’s office and its management

Architecture practice can function in the following formats

1. Proprietary concern
• Individual ownership
• Investment of capital is put by the individual
• Individual becomes the decision making authority
• Single owner is responsible to handle both profit & loss
2. Partnership firm
• Ownership is shared by two or more partners
• Investment of capital is taken care by partners
• Partnership activity is governed by INDIAN PARTNERSHIP ACT 1932
 • Sharing of profit can be equal or unequal basis as per agreement
• Architects Act 1972 states that in an architectural firm all partners
should be registered architects
3. Private limited company
• Size of partnership firm increases and annual income of firm goes up.
For tax benefits the firm is converted to a private limited company.
• Company has to be registered with REGISTRAR OF COMPANIES as per
companies act 1956
• If non Architects are one of the member of the company then
company will be registered as business firm NOT A PROFESSIONAL FIRM
• They can offer variety of services under one single roof

Setting Up the Office

Office is an entity different from yourself.

Capital invested is a loan to office.

The office should pay back the money in the form of profit with interest too.

1. Start your proprietary firm

2. Open a Fresh Bank Account apart from ongoing personal account
3. Office account (strictly office account-current account)
4. Capital is deposited in this account
5. All office expense is taken care by this account
6. Fees will be deposited in this account
7. Detailed pay in slip book should be maintained for all cheque with proper bill
no

FINANCE MANAGEMENT - ELEMENTARY ACCOUNTS

Book of accounts and other documents need to be maintained in an office under the rules
of income tax act

Following are the documents

A. Cash book
B. Journal
C. Carbon Copies of machine numbered bills
D. Bills, Receipts & vouchers
E. Ledger

1. Cash Book :

• It is a record of all transactions (income and expenditure in cash)

• Each expenditure shall be supported by either a RECEIPT or VOUCHER.
• If there is no cash transaction in office then no need to maintain a cash book

2. Petty Cash book

• It is a record of day to day expenditure (tea, coffee, stationery of small value are
entered in this book)

3. Ledger

Transactions recorded in cash book and journal are posted in the ledger under
Different head of accounts

For an architect's office different head of expenditure are as mentioned below :

• Office rent and other charges like common service charges of the building or
property tax.
• Stationery and printing charges
• Postage
• Electricity bills
• Salary bill paid to slip
• Fees paid to consultant & Surveyors
 • Interest paid to loan amount
• Membership fees, registration charges in professional bodies and clubs , expenses
for attending professional seminars, conventions, meetings, etc.,
• Purchase of books, periodicals, newspaper etc.,
• Travelling expense
• Entertainment

INCOME TAX

This is the central government tax on the income of an individual and of company
as well.

Gross income - Allowable expenses = NET INCOME

(100 Rupees) (60 Rupees) (40 Rupees)

Net income is alone considered for taxation.

Expenditure under all the above Heads Explained Under Ledger above upto
certain proportion is ALLOWABLE EXPENSE

There are many ways to save money and pay minimum taxes

Money spent on the following schemes will help in reducing the tax.

1. Life Insurance
2. Public provident fund
3. National Savings scheme
4. Loan from Bank

• Hand loan when returned is not deductable from the gross income.
• Money if borrowed from any bank, the loan and the interest paid will be
deductable from the gross income, it's convenient to borrow money for the
development of office.

ACT TO BE FOLLOWED BY IN THE PRACTICE

When an architect employs more than TEN employees then it's no more a small office.

The office has to be covered under the definitions of an industry as per INDUSTRIAL
DISPUTES ACT OF 1947

The owner of the office has to make the following provisions :

Payment of Gratuity Act

Person who has completed minimum 5 years of service in a company is eligible to

get gratuity at this time of termination of service
 Payment of Bonus Act

This is applicable to an establishment where Twenty or more person are employed.

Under this act employer has to pay 8.33% of annual salary (one month salary) and
maximum upto 20% (even though the office is small, you should keep your
employee happy by giving gracious amount per year as per your capacity)

Employees Provident fund Act

This is applicable to an establishment where Twenty or more person are employed.

Under this act, it's a legal responsibility of an employer to deduct from the salary of
an employee, A certain amount will be paid to the government treasury along with
employers contribution.

T.D.S (TAX DEDUCTED AT SOURCE)

Payment of Income tax & professional tax is an individual's responsibility.

If the office grow big, this responsibility id taken care by the employer. Income and
professional tax will be deducted and paid to the government treasury by the
employer.

Architectural services- Scope of work of an Architect

Part 1- Architecture

Taking clients instruction preparation of design brief.

Site evaluation, analysis and impact of existing and/or proposed development on
its immediate environs.
Design & site development.
Structural design
Sanitary, Plumbing, Drainage, water supply & sewerage design
Electrical, electronic, communication system & design
Heating, Ventilation & air conditioning design (HVAC)and other mechanical
systems.
Elevators, Escalators, etc.,
Fire detection, Fire Protection & Security Systems, etc.,
Periodic inspection and evaluation of construction work.

Part 2 - Allied Fields

Landscape Architecture
Interior Design
Architectural Conservation, Retrofitting of Buildings.
Graphic design & Signage.
COA PRESCRIBED FOUR SEPARATE SCHEDULE OF SERVICES :

1. Architectural Services
2. Urban Design
3. Landscape Architecture
4. Interior Architecture
SCALE OF SERVICE/FEES
Architectural Competitions

TYPE OF COMPETITION

1. PROJECT COMPETITION

• Aim is to select the best solution for an actual building project.

• Competition is related to specific buildings and sites.
• Purpose was to get a design of high creativity within available constraints.
• Ultimate objective was to award the project to the winner of the competition.

2. IDEA COMPETITION

• This type is not necessarily project specific.

• Its promoted to generate innovative ideas of design of buildings and town
planning.
• The winner of this competition is not expected to execute his design.
• Departments having own drawing and designing team such as CPWD, HUDCO and
CIDCO may conduct idea competitions.

METHOD OF ORGANISING OF COMPETITION

1. SINGLE STAGE COMPETITION

• Basically, conducted for small projects and small nature.

• Entry includes fairly completed drawings, plans, elevations, sections etc and its
sufficient to explain the scheme.

• Entries received are assessed for the award of the prize and appointment of the
architect for the project.

2. TWO STAGE COMPETITION

• Basically, conducted for large projects or complex nature.

• First stage: Competitors are advised to submit drawings explaining the scheme on
board base to indicate the intention of the competition.
• 5-10 entries are selected in the order of merit received for the first stage.
• Only selected entries are allowed to submit for the drawings explaining the design
in detail.
• Competitors invited for the second stage on submission will be paid honorarium.
• Final winner will be awarded the prize and given the work order as an architect.
 CLASSIFICATION OF COMPETITION

1. OPEN COMPETITION

• Competition is open to all architects.

• Normally announced in daily newspapers, magazines and websites.
• Normally three prizes will be given in the competition, winner will be given the
responsibility of design and execution of the project.

2. LIMITED COMPETITION

• Promoter shortlists 5-8 numbers of architects as per the advice of board of assessor.
• Shortlisted architects were invited to participate in the competition.
• Each participant who submits the design will get honorarium and winner will be
asked to execute.

3. SPECIAL COMPETITION

• Competition was conducted for projects like town planning or design of special
buildings such as airport, satellite communication centre.
• Competition held between limited competitors who has certain definite expertise.
• It would be a competition by invitation or open competition with preconditioned
for qualifying to take part.

GUIDELINES FOR CONDUCTING ARCHITECTURAL COMPETITIONS

(Council has advised all architects to take part in only those competitions which meet
the guidelines of COA.)

1. ELIGIBILITY OF COMPETITORS

• Architects (registered under COA)

• Firms having at least one registered architect as partner or director.
• Students of recognized institutions.
• Neither the promoter, nor the assessor or any of the associates, partners or
employees.
• Nor the member of the staff from the institution is not the sole assessor.

2. PROCEDURE OF COMPETITION

• Draft condition of competition, timetable, registration fees, prize, board of assessor,

programmeetc should be finalized before the announcement of competition.
• Condition should clearly explain the type of competition, intention of promoter,
nature of problem to be solved, mandatory requirements to be followed by
competitors, number, scale, size of drawings, size of documents and models, form
of estimates and amount of prize.
 3. REGISTRATION OF PROCEDURE

• Competitors will request the promoter to send registration form.

• Registration is acknowledged once necessary documents, requisite deposit and
other items has been sent.
• Competition brochure contains following information:
a) Name of the promoter
b) Purpose and nature of competition
c) Number of prizes, prize amounts and honorarium to be paid.
d) Name of assessor
e) Eligibility of competitors
f) Time schedule of competition
g) Procedure of registration, last date and time etc.
4. BOARD OF ASSESSOR

• It consists of group of architects, assessor, promoter, employee of promoter,

consultants etc.
• Architects should be the majority in number.
• Member of assessor appointed by the promoter should not be more than 2.
• Assessor will be paid prescribed honorarium and out of pocket expense.
5. PRIZE, HONORARIA AND MENTIONS

• Competition announcement should mention the number of prize, amount of

honorarium and the prize money.
• Total prize money will be about one percent of the estimated project cost.

6. COPYRIGHT AND RIGHT OF OWNERSHIP

• Each competitor will have the copyright to reproduce his own design.
• Promoter can reproduce the winning designs in his in house publication and
brochure.
• He cannot exploit it commercially without any agreement or approval from the
winning competitor.

7. EXHIBITION OF ENTRIES

• All competition entries included those rejected by the board of assessor will be
displayed at the venue for one week along with the report of assessor.
• Exhibition will be open to public without any charge.
• Intimation of date and venue will be sent to all the participants.

Tamil Nadu Combined Development and Building Rules, 2019

Salient features of Combined DCR

 i. PRELIMINERY
ii. MANNER OF OBTAINING PERMISSION
iii. CONFORMITY OF DEVELOPMENTS
iv. COMPLETION CERTIFICATE
v. REGISTRATION OF PROFESSIONALS
vi. DEVELOPMENT REGULATIONS
vii. BUILDING RULES
viii. ANNEXURE

i. PRELIMINERY
1. Short title, extent and commencement
2. Definitions
3. Applicability of this rule
4. Written permission for development
5. Competent Authority

ii. MANNER OF OBTAINING PERMISSION

6. Application for Planning Permission & Building Permit
7. Scrutiny fees
8. Plan Requirements
9. Inspection
10. Sanction
11. Limitations of permission
12. Demolition of buildings
13. Cancellation of permit
14. Renewal of permit
iii. CONFORMITY OF DEVELOPMENTS
15. Development to be in conformity with these Regulations
16. Designation of use in Master Plan or Detailed Development Plan
17. Correlation of land use zones in Master Plan, Detailed Development Plan and
Development Regulations
18. Proposed width of roads
19. Development prohibited/restricted areas

iv. COMPLETION CERTIFICATE

20. Application for Completion Certificate
21. Illegal occupation of building
22. Illegal developments

v. REGISTRATION OF PROFESSIONALS
 23. Registration of Architects (RA), Engineers (RE), Structural Engineers (SE),
Construction Engineers (CE), Quality Auditors (QA), Town Planners (TP) and
Developers (D), and their Duties and Responsibilities
24. Appointment of Professionals
25. Change of Owner/Developer/Professionals
26. Applicability of other rules

ix. DEVELOPMENT REGULATIONS

27. Requirement for site approval
28. Structures in setback spaces
29. Spaces excluded from FSI and Coverage computation
30. Areas of special character
31. Boundaries of land use zones
32. Regulations to over ride other Rules and Regulations
33. Zoning Regulations
34. Shelter Charges
35. Planning Parameters for Non High Rise Buildings
36. Planning Parameters for Industries
37. Planning Parameters for Institutional Buildings
38. Planning Parameters for Transport Terminals
39. Special rules for High Rise Buildings
40. Rules for I.T. Developments availing additional F.S.I. benefits
41. Reservation of land for community recreational purposes in cases of Non High
Rise buildings/ High Rise building developments
42. Corridor / Verandah width
43. Provisions for differently abled, elderly and children
44. Solar Energy capture
45. Wind Electricity Generator
46. Electrical Transformer Rooms
47. Layout and Sub-division Regulations
48. Transferable Development Rights (TDR)
49. Premium FSI
50. Repeal and savings

x. BUILDING RULES
51. Structural safety
52. Requirements of parts of buildings
53. Exit requirements
54. Sanitation requirements
55. Storm water drainage
56. Electrical and Allied Installations (including lightening protection of buildings)
57. Air conditioning, Heating and Mechanical ventilation
58. Gas Supply
 59. Boiler Room
60. Acoustics, Sound insulation and Noise control
61. Swimming Pool or Pool
62. Structures / Locations / Requirements
63. Water conservation
64. Fire Safety
65. Installation of Closed Circuit Television Units in public buildings
66. Architectural Control
67. Conservation of buildings of historical or architectural interest
68. Tree preservation
69. Discretionary powers
70. Delegation of Powers
71. Exemption from these rules
72. Grant of exemptions
73. Transitory provisions
74. Repeal and savings

xi. ANNEXURE
75. Various forms of undertaking
76. List of industries Classified under various category
77. Progress certificate
78. Zonning regulations
79. CCTV
80. Rainwater conservation

Excerpts from The Tamil Nadu Cinemas (Regulation) Rules, 1957

Published vide Notification G.O.P. No. 155, Home, dated 19th January, 1957 tn209

In exercise of the powers conferred by section 10(1) and (2) of the Tamil Nadu Cinemas
(Regulation) Act, 1955 (Tamil Nadu Act IX of 1955), and in supersession of (a) the Tamil
Nadu Cinematograph Rules 1933, published with the late Law (General) Department
Notification No. 73, dated the 5th December 1933, at pages 193-198 of Part I of "the Fort
St. George Gazette, dated the 30th January 1934, as subsequently amended, (b) the
Tamil Nadu (Procedure for Approval of Films) Rides, 1956 (published with the Home
Department Notification SRO No. 9 of 1956, dated the 30th May 1956, at pages 224-226 of
Rules Supplement to Part I of the Fort St. George Gazette, dated the 30th May 1956) and
(c) of the rules published with Home Department Notification SRO No. 13 of 1956, dated
the 30th May 1956 at pages 223-224 of Rules Supplement to Part I of the Fort St. George
Gazette, dated the 30th May 1956, the Governor of Tamil Nadu hereby makes the
following rules:-

Part I-A

General
1. These rules may be called the Tamil Nadu Cinemas (Regulation) Rules, 1957.
2. (1) These rules shall apply to all the existing cinema premises in the State of Tamil
Nadu and to those which come into existence after the publication of these rules in
the Fort St.George Gazette.

[(2) These rules shall apply to all cinema premises in the Kanyakumari District and the
Shencottah taluk of the Tirunelveli District existing on the 5th March 1958 and those which
come into existence after the said date.]

[(3) These rules shall also apply to all cinema premises in the territories specified in the
Second Schedule to the Andhra Pradesh and Tamil Nadu (Alteration of Boundaries) Act,
1959 (Central Act 56 of 1959) and to those which come into existence after the 20th
February 1963.]
3. In these rules, unless there is anything repugnant in the subject or context-

(a) "Act" means the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of
1955);

(b) [* * *];

(c) "auditorium" means the portion of licensed place in which accommodation is provided
for the public to view the cinematograph exhibition;

(d) "Central Film Advisory Board" means the Film Advisory Board constituted under the
resolution of the Government of India in the Ministry of Information and Broadcasting No.
1/51/54-F, dated the 2nd February 1955;

(e) "enclosure" means the portion of the licensed place in which cinematograph
apparatus is erected;

(f) "Form" means form annexed to these rules;

(g) "local authority" means-

(i) [(a) in the City of [Chennai], the Council of the Municipal Corporation of [Chennai];]
[(b) in the city of Madurai, the Municipal Council of the Municipal Corporation of
Madurai.]

(ii) in an area in a District, the Municipal Council or the Township Committee or the
Panchayat Union Council having the jurisdiction over the area:

Provided that where there is no Panchayat functioning, the Panchayat Union Council
having the jurisdiction over the area shall be deemed to be the Local authority;

[(gg) "Multiplex" means the building wherein a minimum of two theatres together with or
without multi activities on commercial basis or with Malls;]

(h) "permanent building" means a building which is constructed for permanent use with
stone [* * *] brick, mortar, cement or other non-inflammable material.

Explanation. - Where the floor, roof, side walls, galleries and staircases of a building are
made of non-inflammable materials, the building shall, for the purpose of these rules, be
deemed to be a permanent building; and

(i) "temporary building" means a building which is not a permanent building.

4. If any question arises as to the interpretation of these rules otherwise than in
connection with the prosecution for an offence, the question shall be referred to the
Government whose decision thereon shall be final.
5. [(1) The rules in Parts I-A, IV, V, VI and VII and Forms C, D, E and F printed in large type,
together with the name and address of the licensee affixed thereto, shall be kept
during public entertainment always pasted in some conspicuous place at the
principal entrance at a height of not more than 1.25 metres from the floor so that any
person entering the licensed premises may acquaint himself with such rules and, on
noticing any breach of them may report the same to the licensing authority.]

[(2) A copy of the Cinema Operator's Manual published by the Board of Examiners for
Cinema Operators constituted by the Government shall be kept in the licensed premises.]
6. No person other than company or association shall be entitled to obtain or hold any
licence under the [Act]or a no objection certificate under these rules unless such
person has attained the age of 20 years.
7. The licensee shall comply with such of the provisions of the [Indian Electricity Act,
1910], and of the rules made thereunder as are applicable to the premises. In cases
where the notice referred to in section 30 of the said Act has to be given to the
District Collector or the Commissioner of Police, no licence shall be granted until such
notice has been given and the licensing authority has informed the [Electrical
Inspector]or the decision to issue the licence.
8. Any Police Officer not below the rank of a Sub-Inspector, any Fire Officers not below
the rank of a [Station Officer, any Health Officer][or Sanitary Officer, the
Commissioner of the Corporation of [Chennai], or Assistant Commissioners or Assistant
Health Officer of the Corporation of [Chennai], Municipal Commissioners, Executive
Officers of Townships], any Magistrate having jurisdiction over the area, the [Electrical
Inspector] or his representative [not below the rank of Junior Electrical Inspector], the
licensing authority or his representative and the [Public Works Department Authority
concerned], or any person authorised by him, [an officer of the Directorate of
Information and Public Relations not below the rank of an Information and Public
Relations Officer] may enter at any time any place licensed or proposed to be
 licensed under the Act for the purpose of satisfying himself that the provisions of the
Act and the rules there under are carried out correctly by the license.

[In cases where any defect is pointed out by the Chief Electrical Inspector or his
representatives, it should be got rectified by the licensee within a reasonable time and the
licensing authority should not renew the licence in such cases unless the defects are
rectified.]

In case of any breach, the inspecting authorities should draw the attention of the licensing
authority for necessary action.

[* * *]
9. The licence and the plan and description attached thereto shall be produced on
demand by any police officer not below the rank of a Sub-Inspector or by the
licensing authority or by the Chief Electrical Inspector [* * *]or by any persons
authorised by them in this behalf [or by the Public Works Department Authority
concerned.]
10.The licensee, his servants and agents shall comply with all orders issued by the Chief
Electrical Inspector, the licensing authority or police officers acting on their behalf,
from time to time, or as occasion arises for the safety or convenience of the public or
for the preservation of order or the maintenance of peace. The licensing authority
may, if circumstances so require, impose safeguards for the purpose in addition to
those laid down in these rules.
11.[(1) The enclosure shall be in-charge of an operator holding a licence in Form "G"
granted under, and in accordance with, the regulations in Appendix II by the Chief
Electrical Inspector on the strength of a competency certificate in Form "H" issued
under, and in accordance, with the regulations in Appendix III by the Board of
Examiners constituted by the Government.]

[The Operator shall be present in the enclosure during the whole period of operation of
the machine.] There shall be two licensed cinema operators in each of the permanent
and semi-permanent theatres exhibiting a minimum of three shows per day and in the
case of a permanent or semi-permanent theatre, which exhibits more than four shows per
day the number of licensed operators shall be three.

[It would be sufficient to have two operators in theaters running four shows per day.]

(2) The operator shall satisfy himself before the commencement of each performance
that all cables, leads, connections and resistances as also the fire extinguishing appliances
in the enclosure are in good working order.

(3) Such number of persons as may be necessary shall be specially appointed to be in-
charge of the fire-extinguishing appliances in the auditorium during every
performance. [Such persons need not be employed exclusively for 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. The person so appointed shall wear a badge
on his arm depicting the word "FIRE" during the exhibition.]

(4) The licensee shall report to the Chief Electrical Inspector the name and licence number
of the operator together with his letter of consent and any change in personnel.
 12.(1) Smoking shall not be permitted within the enclosure or within the auditorium.

(2) No unauthorized person shall be allowed to enter the enclosure.

(3) No inflammable article shall, unnecessarily, be taken into, or allowed to, remain in the
enclosure.

[(4) The licensee shall keep the cinema buildings and equipment insured against the risk of
fire so that the cinema theatre in run without fire hazards.]

[(5) The licensee shall put up at prominent places in, and immediately outside, any
projection or rewinding room or in any room in which the films is stored or in which
electrical batteries are installed or charged, notice indicating that "smoking" is strictly
prohibited.]
13.(1) If the applicant for the licence is the owner of the site, building and equipment,
he shall produce to the licensing authority the necessary records relating to his
ownership and possession thereof. If he is not the owner, he shall, to the satisfaction of
the licensing authority, produce documentary evidence to show that he is in lawful
possession of the site, building and equipment.

(2) If the land for which the applicant requires a no objection certificate is under the
jurisdiction of the Hindu Religious and Charitable Endowments Department, the Licensee
shall produce to the licensing authority along with his application a letter of permission
from the Commissioner, Hindu Religious and Charitable
Endowments [Chennai] specifically permitting the leasing out of the land to the applicant.
In the absence of such a letter of prior permission, the licensing authority shall reject the
application for no objection certificate.
14.[(1) There shall be no restriction in the grant of licence to permanent and travelling
cinemas on the basis of population.]

(2) The restrictions in respect of distance between cinemas shall be as specified below:-

(a) A travelling cinema in any place shall not be allowed with in a distance of [1.609] km
of the nearest permanent cinema located in the same local area or in the adjacent local
area.

Explanation. - For the purpose of this clause "local area" means the area within in the
jurisdiction of a local authority:

Provided that the Government may, for reasons to be recorded in writing, permit a
travelling cinema within the distance specified in this clause from the nearest permanent
cinema:

Provided further that a travelling cinema may be allowed to complete its full term of five
years even if a permanent cinema comes up within the distance specified in this clause;

(b) The distance between any two travelling cinemas shall not be less than 0.402 km:

Provided that the Government may, for reasons to be recorded in writing, permit a
travelling cinema within the distance specified in this clause from the nearest travelling
cinema.
(c) There shall be no restriction in regard to the distance between one permanent cinema
and another permanent cinema.

(3) The distance between cinemas in any place or in adjacent places shall be reckoned
along the shortest pathway, lane, street, road or any other route connecting the cinemas
which is generally used by the members of the public.

[(4) The distance between any two cinemas shall be reckoned from the cabin room of
one cinema to the cabin room of another.]

[14A. (1) An applicant for the licence or the licensee may apply to the licensing authority'
for exemption of any of the provisions of the Act or any provisions of these rules.

(2) A fee of [Rs. 7,500 (Rupees seven thousand and five hundred only)] for permanent and
semi-permanent theatres and fee of [Rs. 4,000 (Rupees four thousand only)] for travelling
cinemas shall be paid and a Treasury receipt for the amount of the fee shall also be
submitted along with the application.

(3) On receipt of such application, the licensing authority shall send the report in Form "A"
for exemption from any of the provisions of the Act or any of these rules.]

Part-II(A)

Approval of Location of Permanent Cinemas

15.(1) A person who intends to build a permanent cinema building shall furnish the
licensing authority with information in respect of items (a) to (f) of section 5(1) of the
Act and other relevant particulars required in Form A. The applications shall be
accompanied by a plan of the proposed site drawn to scale and shall clearly
indicate the surrounding roads and buildings which exist up to a distance of
200 [metres]of the proposed site, schools, hospitals, temples or[mosques, churches, or
other places of public worship] being clearly indicated.

[(1-A) A fee of [Rs. 1,000 (Rupees one thousand only)] for permanent and semi-permanent
shall be paid in respect of each application and a treasury receipt for the amount of the
fee shall also be submitted along with the application under sub rule (1).]

[(2) A copy of the application in Form "A" referred to in rule 35(1) shall be sent to
Panchayat/Town Panchayat/Township Committee/Municipal Council/ Municipal
Corporation concerned which shall forward it within sixty days from the date of receipt of
application from the applicant to the licensing authority with a copy of its resolution
recording its objections, if any, to the site and to the installation of machinery.]

(3) A copy of the application shall also be sent to the Deputy Commissioner of Police,
Traffic and Licensing, [Chennai], or the District Superintendent of Police in the mufassal,
who shall remit it within one month from the applicant to the licensing authority' with
objections, if any, from the date of receipt of application from the traffic point of view.

[35A. (1) On receipt of the application, the licensing authority shall scrutinise it to see
whether, it furnishes all the necessary information.
(2) If, on such scrutiny, the licensing authority considers that any of the rule is not satisfied,
he may, after giving an opportunity to the applicant of being heard, reject the
application.

(3) If the application is complete in all respects prima facie and it is found to comply with
all the relevant rules, the licensing authority shall, pending processing of the case, ask the
applicant to exhibit a notice in Form Al on the board, of atleast 1.20 metres x 0.90 metre in
size, on the proposed site in such a position that it can be plainly seen from the public
through fare upon which the site of the proposed cinema abuts. The notice shall be
written in bold and clearly, legible letters in Tamil and it shall be maintained on the site until
the matter is finally decided by the licensing authority.

(4) The licensing authority shall also cause a notice in Form A2 to be published in the
notice board of the Panchayat Union/ Township Committee/Municipal
Council/Corporation concerned and in the District Gazette, intimating the fact of receipt
of the application, and calling for objections, if any, from the public in regard to
noncompliance by the applicant with any of the provisions of the Act or with any of the
rules. All objections shall be filed in writing before the licensing authority within 21 days
from the date of publication of the last of these notices. Any objection filed after this
period shall [* * *] be summarily rejected.]
16.[(1) After consideration of the application with reference to the matters specified in
section 5(1) of the Act, and the objections of the local authority or the Police, the
licensing authority shall grant a no objection certificate in Form 'B' or may refuse to
grant it, within [6 months]from the date of receipt of the application from the
applicant. A copy of the order shall be communicated to the applicant and to the
persons, if any, who have filed objections, before the licensing authority. If no order is
passed by the licensing authority within the period of [6 months], it shall be deemed
that the a no objection certificate.]

[The licensing authority shall inform the applicant within two months, from the date of
receipt of the application for a no objection certificate that his application is under
consideration.]

[(2) The grant of no objection certificate is necessary for the construction of a new cinema
house and also for converting any building into a cinema house.]

(3) The no objection certificate so issued by the licensing authority shall be valid for a
period of three years. If within this period, the proposed cinema is not put up, a fresh no
objection certificate should be applied for:

[Provided that the Government in genuine cases and for reasons to recorded in writing
may extend the period of validity of the No objection certificate or relax the conditions
already imposed in the said certificate on receipt of an application for the same from the
applicant a fee of [Rs. 500 (Rupees five hundred only)] shall be paid in respect of each
application and a treasury receipt of the fee shall be submitted along with the
application.]

[The licensing authority shall send the report in Form 'L' for extension of validity of no
objection certificate or for relaxation of the condition already imposed in the no objection
certificate and in Form M for exemption from the Tamil Nadu Cinemas (Regulation) Rules
1957.]
[Explanation. - for the purpose of this sub-rule durations covered by stay orders of the
Commissioner Land Administration or of the High Court reckoned from the date of passing
the order of stay to the date of pronouncement of the final order vacating the stay should
be excluded in calculating the period of validity of the no objection certificate.]

[(4) Any person aggrieved by the orders of the licensing authority granting or refusing to
grant a no objection certificate, may appeal to the Commissioner Land Administration.
The rules in Part III shall apply to such appeals.]

Part-II(B)

Approval of Plan of Building

17.(1) On receipt of the certificate referred to in rule 36, the applicant shall submit an
application for approval of plan of building to be constructed in the approved site.
Such application shall be accompanied by-his a on is under consideration.

[(i) complete plan, elevation and section in quadruplicate of the premises and of all
erections or buildings thereon drawn correctly to a scale of (one centimetre to a hundred
centimetre-1:100) and showing the position of electrical machinery and cinema
apparatus prepared by an Engineer holding BE degree in Civil Engineering of Anna
University or Annamalai University or any other Universities recognised as its equivalent by
the All India Council of Technical Education, New Delhi or by an Architect, holding the
recognised qualification as defined in clause (d) of section 2 of the Architects Act, 1972
(Central Act 20 of 1972) and registered as an architect under the provision of the said Act
or by a holder of a diploma in Civil Engineering with an experience for a period of not less
than ten years in building construction:

Provided that the holder of a diploma in Civil Engineering can only prepare drawings/
structural design calculations/ structural detailing for the building in which not more than
one cinema house is proposed to be located:

Provided further that the structural design calculations structural detailing for execution of
building shall be done only by a holder of B.E. degree in Civil Engineering for any type of
cinal theatre and cinema theatres with commercial complex in association with an
architect if the architect prepared the drawings".]

(ii) a block plan in duplicate on a separate sheet showing the position of such premises in
relation to any adjacent premises and to the pub He thoroughfare upon which the site of
such premises abuts, drawn to a scale of not less than [one centimetre to fifteen metres;]

(iii) a treasury receipt for the payment of fees for construction of building and installation
of machinery at the rates prescribed by the local authority; and

(iv) a plan (in single line) of the wiring in duplicate, a copy of which shall be sent to the
Electrical Inspector.

(2) The cardinal points shall be marked on such drawings. All drawings shall be coloured to
distinguish the material employed in the construction of buildings and erections.

(3) The width of all staircases and the number of steps in each, the width of corridors,
gangways and doorways together with the height of any galleries or tiers in such premises
and in any of the erections or buildings in connection therewith as are more than one tier
in height shall be indicated on such drawings, as well as the floor and roof ventilation and
the details of any intended gas or electric installation. The thickness of the walls and
scantlings of the various materials used shall be clearly shown on such drawings by figured
dimensions.
18.[(1) On receipt of the plan in triplicate, the licensing authority shall consult the Public
Works Department Authority concerned, who shall send his report within one month
from the date of receipt of reference from the licensing authority. The licensing
authority shall grant or refuse approval of the plan of building within two weeks after
the receipt of the report of the Public Works Department Authority concerned. If the
licensing authority differs from the opinion of the Public Works Department Authority
concerned, he may consult the next higher authority concerned of the said
department. In such case, the order granting or refusing approval shall be passed
within a period of one month after the receipt of the report of the said higher
authority. The licensing authority shall send one copy of the approved plan of the
building to the local authority concerned. In case, the licensing authority refuses
approval, the reasons for the same shall be recorded by him.]

[(1-A) Five copies of the approved plan may be, given on payment of a fee of Rs. 500
(Rupees five hundred only) and further additional copies of the approved plan may be
given on payment of a fee of Rs. 100 (rupees one hundred only) per copy.]

(2) The licensing authority shall consult the Electrical Inspector empowered to issue the
electrical certificate as to whether the wiring plan enclosed with the application conforms
with the rules. The Electrical Inspector shall scrutinise the schematic layout and the method
of construction and convey his approval or suggestions to the licensing authority within
one month from the date of receipt of reference from the licensing authority. The
Electrical Inspector shall not; suggest or order any modification subsequently after the
plan has been approved and the works have been complete in accordance with the
approved plan.

[38A. In case of non-compliance of any rule in respect of a new theatre, the licensing
authority shall refer the same to the Government for orders, before the grant of C Form
licence, with the reasons for the omission to comply with the rule.]
19.An exemption may be granted by the Government from the operation of any
particular condition or restriction, provided a strict application of it involves-

(a) heavy structural alteration to the existing premises; and

(b) enormous cost or loss to the licensee.

Part II(C)

Approval of Building Constructed and Issue of Licence

20.(1) On commencement of construction, the applicant shall notify the [Public Works
Department Authority concerned]to enable him to issue the certificate of structural
soundness under sub-rule (4).

(2) On completion of the building according to the approved plan, the applicant shall
obtain,-

[(i) a certificate in Form 'D' from the Electrical Inspector covering provision in rule 11 in Part
I-A, rules 65 to 74,76,79 in Part IV and the rules 86 to 91 in Part V;]
(ii) a certificate from the Executive Engineer covering the provisions in rules 54 to 56, 59, 60,
77 and 78 in Part IV and rules 80 to 82 in Part V.

[(3) The Chief Electrical Inspector's Certificate in Form 'D' shall be valid for a period of three
years, provided that for reasons to be recorded in writing, the Officer granting the
certificate may reduce the period of validity of the certificate to any shorter period.]

[(4) The Executive Engineer' shall issue a certificate of structural soundness of the building
in Form 'N' along with a report in Form 'O' which shall be valid for a period of three years:]

[Provided that in the case of a building which is more than twenty years old, the
certificate of structural soundness shall be valid for a period of one year only:]

Provided [further] that, for reasons to be recorded in writing, the officer granting the
certificate may refuse to issue such certificate.

Explanation. - For the purpose of issuing a certificate under this rule, the Executive Engineer
shall have power to make an inspection of the building including the right to probe any
portion of the structure and to call upon the applicant for the licence to furnish him with
detailed particulars regarding the quality and proportion of the materials used in the
construction of the building.

(5) The applicant, if aggrieved by an order of the Executive Engineer refusing to grant a
structural soundness certificate, shall have the right to refer the matter to the [next higher
authority concerned of the said department] concerned whose technical opinion
thereon shall be final.

(6) [* * *]
21.After obtaining the certificates referred to in rule 40, the applicant shall submit his
application for licence in writing to the licensing authority. The application shall be
accompanied by-

(1) the certificates issued by the Substituted by G.O. Ms. No. 1357, Cinema, dated the 8th
September 1993.[Public Works Department Authority concerned] and Electrical Inspector;

(2) a declaration by the applicant to the effect that he has completed all arrangements
for obtaining films approved by the State Government under section 6 of the Act and films
certified by the Central Government with the previous approval of the Central Film
Advisory Board for exhibition at each performance together with a statement from the
suppliers confirming that such arrangements have been made;

(3) a treasury receipt for the payment of fees for licence at the rates prescribed in rule 43,
and

[(4) evidence of having insured the audience with an insured company against the
insurers liability for payment of compensation to the victims of fire or other accidents inside
the auditorium; and]

[(5) a certified copy of the registered deed authorising the applicant to act as a
Managing Partner or Managing Trustee, in case the cinema theatre is run by a partnership
firm or a trust, as the case may be.]
 22.[(1) On receipt of the application for licence together with the certificates referred to
in rule 41, the licensing authority shall issue to the applicant within two week from the
date of its receipt a licence in Form 'C' for the period covered by the Chief Electrical
Inspector's certificate, and structural soundness certificate refuse to issue such a
licence. A copy of the plans and drawings referred to the rule 37 shall be attached to
the licence. (A copy of the order shall be communicated to the applicant and to the
persons, if any, who have filed objections before the licensing authority.)]

(2) A duplicate of a licence may be granted on payment of a fee of [Rs. 1,000 (Rupees
one thousand only)].
23.[(i) For every licence when granted a fee shall be charged according to the scale
laid down below.]

For a triennial licence. - Rupees three hundred for an area of 100 square metres less with
an additional fee of rupees one fifty tor every 50 square metres or fraction thereof in
excess of 100 square metres subject to a minimum of [Rs. 2500 (Rupees two thousand five
hundred only].

For a temporary licence for a period not exceeding three months for a building not
thatched nor constructed of inflammable materials. - [Rs. 100 (Rupees one hundred
only]for a month or for a portion thereof for an area of [100 square metres] or less with an
additional fee of rupee, twenty-five for a month or for a portion thereof for every [50
square metres] or fraction thereof in excess of [100 square metres].

[(ii) one-half of the fee shall be credited to the local authority concerned excluding
Panchayats.]

[(iii) For reasons to be recorded in writing, the licensing authority may grant a licence so as
to be valid for a period of less than three years, in which case he shall collect only the
proportionate licence fee.]

(iv) A temporary licence for a permanent building shall be granted only for a period not
exceeding three months in the aggregate within any continuous period of twelve months.
The fees for temporary licences shall be leviable at half of the above rates, where the
buildings or enclosures are used solely by day and without lights; and

(v) In case of refusal of the grant of a licence, a refund at the rate of one-half of the total
amount of the fee collected, may be made to the applicant. The application for such
refund shall, however, be made by the applicant within one month from the date of
receipt of the orders of rejection of his application for grant of licence. The refund shall be
made after the expiry of the period of appeal or after the disposal of the appeal if one
has been presented.

Explanation. - Where the place consists partly of a structure and partly of a mere unroofed
enclosure, the fee shall be calculated on the area of the structure alone.
24.[(1) For the inspection of the enclosure, cinema apparatus and plant, electric
installation, fire fighting and precautionary measures, when first erected, a fee of [Rs.
2,500 (Rupees two thousand and five hundred only)]shall be paid in advance by the
applicant for the electrical certificate for a period of three years into a Government
treasury to the credit of the Government under the appropriate head of account.]
For the inspection of the building by the [Public Works Department Authority
Concerned] in connection with the issue of a certificate regarding its structural soundness,
a fee of rupees one hundred and twenty-five shall be paid in advance by the applicant
for the grant of a licence, into a Government treasury to the credit of the Government
under the head "XXXVII-Public Works Revenue-Miscellaneous other receipts Fees for the
issue of certificate of structural soundness of cinemas". For every inspection of permanent
cinema building licensed under the Act in connection with the issue of a certificate
regarding its structural soundness once in three years, a similar fee of rupees one hundred
and twenty-five shall be paid by the licensee into a Government treasury under the head
of account specified above.

[* * *]

(2) A duplicate of the Chief Electrical Inspector's certificate may be granted by the Chief
Electrical Inspector on payment of a fee of Rs. 25, provided that the application is
submitted through the licensing authority.

[44A. When the legal heir of a deceased licensee applies for re-grant of the expired 'C
Form licence the licensing authority may re-grant the licence after obtaining a report from
the Revenue Divisional Officer concerned;]

[Part II-A]

Compoundable Offences

44B. The offences which may be compounded as provided in section 8-A of the Act shall
be specified in the Table below -

SI. No. Details of the Offence Condition/ Rule/ Section

(1) (2) (3)

Conducting matinee and other extra shows Condition 14-A of "C" Form
1
without prior permission licence

Conducting shows in the theatre without valid C

2 Section 3
Form licence or E permit

Leasing out theatres without permission of the Condition of "C" Form

3
licensing authority licence

Allowing unlicenced operators to handle

4 Rule 11(1)
projectors

Dirty and insanitary conditions of the auditorium,

5 Rules 55(1) and Rule 80(2)
lavatories, etc.

6 Non-provision of fans or provision of defective Rule 64(1)

 fans

Refusal of licensees to apply fire resistance paints

7 Rule 56(1)
in the auditorium

8 Poor conditions of seals and chairs Rule 84(1) and 84(5)

9 Poor ridden conditions in the auditorium Rule 80(6)

10 Lack of periodical white washing Rule 80(6)

11 Non-display of ticket rates at booking counter Rules 8 3(1 A) (b)

Non-provision of drinking water or provisions of

12 Rule 81 (i)
unclean water

13 Non-exhibition of news reals Section 6

Non-exhibition of cinematograph Act and Rules

14 Rule 5
in the auditorium

Non-production of "C" Form licence and related

15 Rule 9
certificates before inspecting authorities.

Part III

Appeals
45.The [Joint Commissioner of Land Administration]shall be the appellate authority to
which an appeal under section 5(7) [or section 9-A] of the Act against the decision of
the licensing authority shall be preferred. Such appeal shall be preferred within 30
days of the date of receipt of the order appealed against, [and during the said 30
days time, the licensing authority shall not give effect to the order of suspension or
revocation:]

[Provided that the appellate authority may admit an appeal preferred within a period of
two months after the expiry of the prescribed period of thirty days aforesaid, if sufficient
cause is shown for not preferring the appeal within the prescribed period:]

Provided further that in computing the periods aforesaid, the time taken for obtaining a
certified copy of the order appealed against shall be excluded:

Provided also that, where an appeal is presented within the prescribed period of thirty
days aforesaid, but is returned by the appellate authority for re-presentation in the
prescribed manner; and if such appeal is re-presented in the manner prescribed and
within the date, if any, specified by the appellate authority for the re-presentation of the
appeal, the appeal so re-presented shall be deemed to have been presented within the
prescribed time for the purpose of this rule.
46.[(1) An appeal preferred under rule 45 shall be submitted in duplicate in the form of
memorandum with as many extra copies as there are respondents impleaded in the
case, setting forth concisely the grounds of objection to the order which is the subject
of appeal and shall be accompanied by the original or a certified copy of the order
appealed against.]

[(2) The appeal shall be signed by the appellant or by his authorised agent and presented
to the appellate authority in person or by agent at any time during the office hours on any
working day or sent by registered post acknowledgment due. The authorisation of the
agent to present appeals shall be in writing and shall accompany the appeal unless the
agent holds a power of attorney.]
47.(1) A fee of rupees [Rs. 1,000 (Rupees One thousand only) for permanent and Semi
permanent cinema and Rs. 800 (Rupees Eight hundred only for travelling
cinema]shall be paid in respect of each appeal and the memorandum of appeal
shall be accompanied by a treasury receipt for the amount of the fee due on the
appeal. [No Court-fee stamp need be a affixed to the memorandum of appeal,]

(2) If a petition purporting to be an appeal is found by the appellate authority to be

inadmissible for want of jurisdiction, [the entire] fee paid in respect of such appeal may be
refunded to the appellant. The application for such refund shall, however, be made by
the appellant within one month from the date of receipt of the orders of rejection of his
appeal.

[(3) If an appeal is not filed after the fee has been remitted into the treasury, the entire fee
so remitted may be refunded to the appellant. The application for such refund shall,
however, be made by the appellant within one month from the date of remittance.]

[Part III-A]

Revision

47A. (1) The Government may entertain an application for revision against the decision of
the appellate authority under section 5(7) or section 9-A(l) of the Act. Such application for
revision shall be preferred within thirty days from the date of receipt of the order of the
appellate authority:

Provided that the Government may admit an application for revision preferred within a
period of two months after the expiry of the prescribed period of thirty days aforesaid, if
sufficient cause is shown for not preferring the application for revision within the prescribed
period:

Provided further that in computing the periods aforesaid, the time taken for obtaining a
certified copy of the order of the appellate authority shall be excluded:

Provided also that, where an application for revision is presented within the prescribed
period of thirty days aforesaid, but is returned by the Government for representation in the
prescribed manner, and if such an application for revision is re-presented in the manner
prescribed and within the date, if any, specified by the Government for the re-
presentation of the application for revision, the application for revision so presented shall
be deemed to have been presented within the prescribed time for the purpose of this
rule.

(2) An application for revision preferred under sub-rule (1) shall be submitted in triplicate in
the form of a memorandum with, as many extra copies as there are respondents
impleaded in the case, setting forth concisely the grounds of objection to the order which
is the subject of revision and shall be accompanied by the original or a certified copy of
the order of the appellate authority.

(3) The application for revision shall be signed by the petitioner or by his authorised agent
and presented to the Government at anytime during the office hours on any working day
or sent by registered post acknowledgment due. The authorisation of the agent to present
the application for revision shall be in writing and shall accompany the application for
revision unless the agent holds a power of Attorney.

(4) A fee of [Rs. 1000 (Rupees one thousand only)] for permanent and semi permanent
cinema and [Rs. 600 (Rupees six hundred only)] for travelling cinema shall be paid in
respect of each application for revision and the memorandum of application for revision
shall be accompanied by a treasury receipt for the amount of the fee due on the
application for revision. No Court-fee stamp need be affixed to the memorandum of
application for revision.

(5) If an application purporting to be an application for revision is found by the

Government to be inadmissible for want of jurisdiction, the entire fee paid in respect of
such application for revision may be refunded to the petitioner. The application for such
refund, shall, however, be made by the applicant within one month from the date of
receipt of the orders of rejection of his application for revision.

(6) If an application for revision is not filed after the fee has been remitted into treasury,
the entire fee so remitted may be refunded to the applicant. The application for such
refund shall, however, be made by the applicant one month from the date of remittance.

Part IV

Building
48.(1) No site which would admit the storm-water draining into it owing to its level or
location, shall be used for the construction of a building unless arrangements are
made to prevent effectually the flooding of the site either by draining into a storm-
water course if one is available, or by raising the level of the site to an adequate
height by the deposit of layers of sand and non-prescribe material.

(2) No site wherein the soil and sub-soil would be so saturated with water dampness of the
floor and walls of the building would be inevitable, shall be used for the construction of a
building, unless a damp-proof course is provided in the basement of the building not
higher than the level of the lowest floor unless the flooring is made with a material
approved by the licensing authority which would effectively prevent the dampness rising
in the floor of building.

(3) Every person who constructs, re-constructs or alters, or adds to, a building shall,
wherever the site is within [15 metres] of any tank, reservoir, watercourse, river, fresh-water
channel or well, carry out such measures as may be necessary or as the licensing authority
may direct, for the purpose of preventing any contamination of, or any risk of the
drainage of the building passing into such tank, reservoir, water-course. river, fresh-water
channel or well.

[(4) No site in which a power line passes above or adjacent to it within the minimum
clearance distance specified in the Indian Electricity Rules, 1956 shall be used for the
construction of a building. In the case of an existing building in which a power line passes
above or in front of, and outside the premises, closing the approach way, adequate
minimum clearances shall be observed and protective devices shall be provided, as per
the provisions in the Indian Electricity Rules, 1956.]
49.(1) The foundations of every building newly constructed shall be-

(i) so constructed that they will sustain the combined load of the building and of the
superimposed load and transmit those loads to the sub-soil in such manner, as not to
impair the stability of the building or any part thereof by the settlement caused by the
pressure of such loads; and

(ii) taken down to such a depth, or so constructed, as to render the building immune from
damage from movements due to seasonal variations in the content of moisture, in the
ground.

(2) Every person who constructs, re-constructs, adds to, or alters a building, should take
necessary steps so as to secure proper stability of the buildings and to tender the building
immune from any settlement or movement that may be caused the soil on account of
seasonal variations in the contents of moisture, in equalities of soil resistance, lateral
escape of soft soil, sliding of the sub stratum on slopping ground, distributed or
concentrated lateral pressure or other causes.
50.Every person who constructs, re-constructs, adds to, or alters a building shall comply
with the following requirements:-

The ground floor of lowest floor of the building shall be at such a level as will allow of the
effectual drainage of that floor. It shall, ordinarily, be not less than [half a metre] above
the ground or site level.
51.Every building shall be provided with means for the effectual drainage of storm
water, sullage and sewage from the premises, and sufficient and suitable sanitary
conveniences for the use of the occupants of the building.
52.Every permanent cinema building shall satisfy the following requirements:-

(1) Such building has a road frontage on the public thoroughfare upon which the site of
such building abouts;

(2) Suitable booking windows for the various classes are provided within the building in
such a position that there is room for queues of would be purchasers of tickets to form up
within the premises without causing any obstruction to traffic on the public road;

(3) Suitable handrailing [1.2 metres] high in front of booking windows shall be provided to
enable would be purchasers of tickets to form up queues within the premises. The
handrailing should be of galvanized iron pipes at [0.2,286 m. to 03.048 m.] centres in
tabular posts as per specification No. 88 of the Madras Detailed Standard Specification or
reinforced concrete work or wood work and should be so located that the width of the
passage is not less than [60 cm];
(4) Suitable shelters shall be provided for protecting the would be purchasers of tickets
standing in queues from sun and rain. The shelters may be of permanent pucca
construction or of a light type of construction with asbestos cement sheets over steel or
precast reinforced concrete members. The shelters should be so arranged that they do
not affect light and ventilation and at the same time afford protection against sun and
rain for the would be purchasers of tickets standing in the queues;

(5) The handrailing and shelter mentioned in sub-rules (3) and (4) above shall be sufficient
to accommodate at least one-third of the number of the would-be purchasers of tickets;
and

(6) Suitable means of entrance and exit are provided for the public in such frontage [not
less than five metres in width and shall open on public thoroughfare; and]

(7) In addition, there shall be not less than two reserved entrance and exists in the
compound wall for the free movement of persons and for facilitating rescue operations in
times of emergency [and each of such entrance and exit shall be of not less than five
metres in width]. The entrance and exit ways shall be separate and distinct.

[52A. (i) No person other than a licensee or his agent duly authorised by him in writing shall
sell or offer or expose for sale or cause to be sold or cause to be kept or exposed for sale
any ticket or pass or any other evidence of the right of admission to any cinema.

(ii) No ticket or pass or any other evidence of the right of admission to any cinema shall be
sold, kept or offered or exposed for sale in any place other than the booking offices
provided for the purpose at the cinema theatre itself and shall not be sold to any person
other than a person who lines up in queue, if any, before the booking window:

Provided that the licensing authority may, in the case of charitable shows or for any other
sufficient reason, permit in writing the sale of tickets, passes or any other evidence for
admission at places other than the booking offices or by persons other than the licensee
or agent duly authorised by him in writing.]
53.The building shall be provided on at least three of its sides with an open space of not
less than 6.10 metres in width or of such greater width as may be required by the
licensing authority for parking the number of cars which would be normally attracted,
and for the purpose of the free movement of persons and for facilitating rescue
operations in times of emergency:

Provided that in the case of a building where the licensee has provided adequate
parking space for cars either in the basement or ground floor over which the auditorium is
located, or in the vicinity of the building, acceptable to the licensing authority, there shall
be an open space of not less than 3.05 metres on all sides of the building except on the
rear side, for the free movement of persons and to facilitate rescue operations in times of
emergency:

[Provided further that in the case of a building with shopping complex, the licensing
authority shall consider the requirement of open space, in consultation with the authorities
or the Planning Department, Police Department. Fire and Rescue Services Department
and the Public Works Department, keeping in view the number of persons expected to
visit the shopping complex as well as the cinema theatre and other aspects concerning
free movement of persons and vehicles and the space required to facilitate rescue
operation in times of emergency.]

(2) The caves of the building shall have a height of not less than [3.10 m.].

[(3) In the case of a building with more than one story, where the licensee has provided
parking space for vehicles in the basement, the vertical height of the parking stalls in the
basement shall, in no case, be less than 2,10 meters from the floor level.]
54.The premises shall be enclosed with proper external or parting walls of brick or stone.
55.(1) The licensee shall provide suitable means of drainage to the building and also
sanitary conveniences of such description and design as may be prescribed on the
recommendation of the Public Works Department Authority concerned who has to
issue the structural soundness certificate of the building for the exclusive use of each
sex according to the scale indicated below and shall cause the same to be
maintained in good order and sanitary condition:-

Scale of sanitary accommodation to be provided:-

Men-

Urinals-One stall (seat) for every hundred persons.

Latrines-One stall (seat) for every two hundred persons.

Women-Same scale as for men.

[(2) Notwithstanding anything contained in sub-rule (1), the requirements for fitments for
drainage and sanitation in respect of the building constructed or reconstructed after the
1st April 1975 shall be as follows:-]

Requirement for Fitments

SI.
Fitments Male Public Female Public Male Staff Female Staff
No.

(1) (2) (3) (4) (5) (6)

1 for every 100 2 For every 100

1 for 1-15 1 for 1-12
persons upto 400 persons upto 200
persons persons
persons persons

Water
1 For above 400 For above 200
Closets
persons add at persons add at
2 for 16-35 2 for 13 to 25
the rate of 1 for the rate of 1 for
persons persons
every 250 persons every 100 persons
or part thereof or part thereof

Ablution 1 in each water 1 in each water 1 in each 1 in each

2
Taps closet closet water closet water closet
 Upto 6
persons,

1 for 4-50 persons 1 for 7-20

3 Urinals Nil Nil
or part thereof persons and

2 for 21-45
Persons

1 for 1 15 1 for 1-12

1 for every 200 1 for every 200 persons persons
Wash
4 persons or part persons or part
Basins 2 for 16-35 2 for 13-25
thereof thereof
persons persons

[55A. The licensee shall provide bulk head fittings in the queue sheds, ticket counters and
toilet rooms intended for the use of the public.]
56.(1) The floor, roof-ceiling, private boxes, balconies, galleries, tiers, partitions and every
room, lobby, corridor and passage intended for the use of the public shall be
constructed of fire-resisting materials

[(1-A) False ceiling either for sound effects or air conditioning or other similar purpose shall
be so constructed as to prevent either total or early collapse in the event of fire so that
persons underneath are not fatally trapped before they have time to reach the exits. To
provide easy access for the fighting apparatus cat walk of suitable materials should be
provided. The fire resistance requirements for the different structural elements composing
the building shall be in accordance with Table 5 of the Indian Standard Institution 4878-
1968.]

(2) No panelling of walls with wood and other combustible materials for decorative and
other purposes in the cinema building shall be permitted:

Provided that in cinema building in which such panelling has already been effected, the
combustible materials with which the panelling has been effected shall be treated with
fire-resistant paints [or varnish],
57.(1) Where the first tier or balcony extends over the pit or stall, the height between the
floor of the pit or stall and such tier or balcony shall not in any part, be less than [3
metres]; the height between the floor or the highest part of the gallery and the lowest
part of the ceiling over the same shall not, in any part, be less than [3.75 metres]. The
height between any tier and the tier or ceiling above it shall, in on case, be less
than [2.75 metres].

[(2) Notwithstanding anything contained in sub-rule (1), where a balcony is provided in

respect of the buildings constructed or re-constructed after the 1st April 1975, its projection
into the hall shall not be more than three times the free height of the opening of the
balcony recess.]
 58.(1) No corridor leading to any staircase communicating with any exit shall be less
than [1.5 metres]in width in any part thereof.

(2) Where possible, gradients or inclined planes shall be used instead of steps, but no
gradient or inclined planes shall be steeper than 1 in 10.
59.Where cloak-rooms are provided, they shall be situated that the use of them shall not
obstruct the free use of any exit.
60.(1) All outside doors for the use of the public shall be made to open outwards and all
internal doors shall be so fitted as not to obstruct, when open, any gangway,
passage stairway or landing. Such doors, when open, should engage on an
automatic spring.

(2) The size of the doorways shall not be less than [2.25 metres by 1.5 metres] the width
being measured between the leaves of the door in the open positions.

(3) When doors open on to any gangway, passage, stairway or landing, such doors shall
open in the direction the public move to the exit. No door shall open out directly on to a
flight of steps. There shall be a landing of at least [1.5 metres flush with the door].
61.(1) All staircases shall be constructed entirely of stone, cement or concrete with fire-
resisting roof and ceiling and shall have solid square (as distinguished from spandrel)
steps and landing of approved stone or of such other fire-resisting material and
construction as may be approved by the licensing authority with treads not less
than [27.5 cm]wide and with risers not more than[1.5cm] high (each lapping at
least [2.5 cm] over the back edge of the step below it) in flights of not more than 15
or less than 3 steps.

(2) The floors of all landing shall be [15 cm] thick.

(3) Every staircase forming an exit from an upper gallery or tier of the auditorium shall be
enclosed on both sided with walls of brick or fire-resisting materials in the storeys through
which it passes and no opening shall be made into auditorium except the one required for
exit from the gallery or tier which it serves:

Provided that staircases leading to the first or lower gallery or tier may be left open on one
side in which case the open side shall be provided with extra stout handrails and balusters,
but in no case shall staircases be left open on both sides.

(4) All enclosed staircases shall have on both sides strong handrails firmly secured to the
wall by strong metal brackets about [7.5 cm] clear therefrom and about [1 metre] above
the stairs, but such handrails shall not run on level platforms and landing where the length
of such platform or landing exceeds the width of the stairs.

(5) Where the flight of steps returns upon itself the new wall shall be chased so as to allow
the handrails to turn without projecting over the landing.

(6) The treads and risers of steps on each flight shall be of uniform width and height.

(7) Each flight of steps shall be properly supported and enclosed to the satisfaction of the
licensing authority.

(8) No staircases shall have more than two flights of 15 steps without a turn and the width
of the landing between such flights shall be at least the same as the width of the staircase.
(9) There shall be at least two staircases each not less than

(10) Stairs turning at an angle shall have a proper landing without winders being
introduced at the turn.

(11) There shall be no recesses or projections in the walls of such staircases within [1.75
metres] of the floor and any fittings for lighting shall be at least [2 metres] above the steps
or landing
62.(1) Every building shall be provided with an adequate number clearly indicated
entrances and exists so placed and maintained as readily to afford the audience
ample means of safe movement, and with a passage [1 metre]width for every ten
rows of seating accommodation. By adequate is meant [1.5 linear metres] of exit
way for [45 square metres] of sitting space inside.

[(2) A common place of egress may serve as the exit, for the floor and the first tier of the
auditorium, provided the capacity of such place of egress is equal to the aggregate
capacity prescribed by these rules for the necessary outlets from floor and tier.]

(3) If the floor or any tier of the auditorium is divided into two or more separate exits as
prescribed in the rules shall be provided for each such part.

(4) All doors shall open outwards and shall be distributed round the hall and merely at one
end or side.

(5) The words No exit' shall be painted over all doors or opening which are in sight of the
audience but which cannot be used as exits.

The word 'Exit' shall be painted over all exit doors. The words 'No Exit' and 'Exit' shall be
painted in letters of [15 cm] high and [2.5 cm] thick.

(6) A notice shall be clearly painted on the exit doors indicating the method of opening.

(7) Each exit notice shall be illuminated by a light; Such lights shall be kept burning the
whole time the public are on the premises.
63.The following provisions shall be observed in providing seating accommodation-

(1) The gangways shall be not less than [1.25 metres] in width and shall arranged that no
seat shall be more than 10 seats from a gangway.

(2) The angle of elevation subtended at the eye of any person seated in the row nearest
to the screen by the length of the vertical line dropped from the centre of the top edge of
the picture to the horizontal plane passing through observer's eye shall not exceed 35
degrees, the height of the eye of the person seated being [1.10 metres] above the floor
level. A strong barrier or other efficient partition shall be provided to enforce this provision.

(3) The angle between the vertical plane containing the upper edge of the picture and
the vertical plan containing the observers eye and the remote end of the upper edge of
the picture shall not be less than 25 degrees. A strong barrier or other partition, shall be
provided to enforce this provisions.

[(4) In theatres where 70 mm. picture is exhibited, the front row shall not be near to the
screen than the effective width of the normal picture for 35 mm, film ¾th of effective
width, for cinema scope and half of the effective width for 70mm. film. The distance shall
be measured from the back edge of the front row to the screen. Where the screen or the
row or both are curved, the distance shall be measured from chord to chord.]
64.(1) The licensee shall provide sufficient and approved artificial means of ventilation
whenever required by the licensing authority. Artificial means of ventilation shall
include provision of exhaust fans. [The standard for ventilation shall be 28 cubic meter
of fresh air per seat per hour.]

(2) Guards shall be provided for ceiling fans with less than 2.25 meters clearance; the
height between the guard and the floor shall not be less than 2.20 metres.

(3) At the time of the grant of the licence for the first time, the licensing authority may
require that the auditorium shall be provided with exhaust fans at the rate of one exhaust
fan for a floor area of 45 square metres or fraction thereof.

[64A. (i) In air-conditioned theatre inside temperature shall be 75 F plus or minus 3°F for dry
bulb temperature of 750F

(ii) The air conditioning should have fully gone into effect at the start of the show and
should continue throughout the show.

(iii) The licensee should install a recording type electronic temperature indicator in the air-
conditioned theatre to check the condition imposed in clause (i). The indicator should be
located at the office of the Manager or the licensee in the theatre. [* * *] The bulb of the
recording type electronic temperature indicator should be installed by the licensee inside
the auditorium at an appropriate place with sufficient guard which shall be locked and
sealed by the licensing authority or his subordinate who has been authorised the licensing
authority for this purpose.

(iv) The licensing authority should enter in the "C" Form licence the capacity of the air-
conditioning unit installed in the theatre by the licensee.

(v) A complaint book should be kept at the office of the Manager or licensee in the
theatre to enable the persons who witness film shows in the theatre to record therein
complaints, if any.

(vi) In the event of a breakdown of the air-conditioning plant, the licensee shall always
keep ready and make alternative arrangements for ventilation and air circulation of such
standard in accordance with the requirements in rule 64.

(vii) Where there is breakdown of the air-conditioning plant, the licensee should inform the
licensing authority of the breakdown within 24 hours of its occurrence before it is rectified.]
65.The cinema apparatus shall be placed in an enclosure of substantial construction
made of, or lined internally with fire resisting material, and of dimensions sufficient to
allow the operator to work freely.
66.(1) The enclosure shall be outside the auditorium. In cases where a rewinding room
adjoins the enclosure and has a common door between leading from one to the
other, this door shall be provided with a single shutter having suitable springs to make
it self-closing.

(2) If the enclosure is inside the auditorium, no openings other than those required for
projection and observation of the enclosure shall be permitted to communicate with the
auditorium.
 67.The openings in front of the enclosure shall not be larger than is necessary for
effective projection and of observation. No such opening shall exceed [20
centimetre square]:

Provided that where a special type of film projector requires a wider opening the Chief
Electrical Inspector may permit a larger opening up to a maximum of [60 centimetres
square].
68.Each Opening shall be provided with a plate glass screen not less than [5
millimetres]in thickness fixed in position within smoke tight joint:

Provided that for openings of less than [130 square centimetres] the thickness of the plate
glass screen shall not be less than [3 millimetres]: Provided further that for openings of
more than [20 centimetres square]-

(i) the glass screens used shall be of armoured plate or wired plate glass;

(ii) metal screens shall be provided in addition to the glass screens, and the opening shall
be closed with the metal screens when not in use for projections; and

(iii) notice shall be put up in the cabin to the effect that the openings shall be closed with
the metal screens when the openings are not in use.
69.(1) Lanterns shall be placed on firm supports constructed of fire resisting material and
shall be provided each with a metal shutter which can be readily inserted between
the source of light and the film gate.

(2) Where the electric pressure in the enclosure exceeds 125 volts, all metal supports of the
lantern shall be connected to the earth.
70.Cables for cinema lamps shall be taken as separate circuits from the supply side of
the main fuses in the general lighting circuit.
71.An efficient double pole switch shall be fitted within the enclosure in the cinema
lamps circuit.
72.Within the enclosure the insulating material of all electric cables, including those
leading to illuminating lamps, shall be covered with fire-resisting material. If the
electric pressure to the cabin exceeds 125 volts, all cables inside the cabin shall be
enclosed in screwed metal conduits connected to the earth. Lead covered cables
shall not be used unless enclosed in such conduits.
73.All resistances, with the exception of a resistance for regulating purposes, shall be
placed outside the enclosure and, if reasonably practicable, outside the auditorium.
If placed inside the auditorium, such resistances shall be protected by an earth wire
guard or other efficient means of preventing accidental contact.
74.(1) The electric lighting of the premises shall have at least three separate and distinct
main circuits as follows:-

(i) For the enclosure and thence through a dimming regulator to the central lighting of the
auditorium;

(ii) For the remaining half of the auditorium, passage ways, stairways, exit and parts of the
building open to the public; and

(iii) For the remaining half of the auditorium, passage ways, stairways, exit and parts of the
building open to the public.
The control of the circuits in respect of the two halves of the auditorium referred to in
clauses (ii) and (iii) shall be remote from each other;

Where the general lighting of the auditorium is controlled from within the enclosure, there
shall also be separate and independent means of control outside of and away from the
enclosure. A competent person shall be appointed to be present and to be in charge of
the general lighting when the public are on the premises.

[74A. In all permanent cinema buildings, lightning conductors shall be provided for the
protection of building against lightning.]
75.All permanent cinema buildings shall be in communication with the nearest fire
brigade station by telephone when such facilities exist, which shall be fitted in such
place and manner as the licensing authority may direct. The installation and
maintenance of the complete telephone connection shall be carried out at the cost
of the licensee.
76.(1) No addition to, or alternation of, any part of the electrical installation within the
cabin or auditorium or of the arc or projector in the cabin shall be made without the
prior sanction of the licensing authority being obtained therefor. The licensee shall
notify in writing his intention to make such addition or alteration simultaneously to the
licensing authority and to the Chief Electrical Inspector. The licensing authority shall
not accord his sanction for the addition or alteration unless the Chief Electrical
Inspector or the officer deputed by him certifies that the alteration or addition fulfils
the requirements of these rules.

(2) For addition to, or alteration of, any part of electrical installation outside the cabin or
auditorium in the premises of cinema theatres, the licensee shall notify in writing his
intention to make such addition or alteration to the Chief Electrical Inspector to
Government or an officer designated by him along with schematic layout showing the
existing installations and proposed additions or alterations duly signed by the contractor/
supervisor who is executing the work. The Chief Electrical Inspector to Government or an
officer designated by him shall-arrange to inspect the premises and communicate his
approval within 15 days from the date of receipt of the notice. If the approval of the Chief
Electrical Inspector to Government or the officer designated by him is not received within
the said period of 15 days, the licensee may proceed with the work.

(3) Any temporary changes necessitated by sudden break downs should be reported
simultaneously to the licensing authority and to the Chief Electrical Inspector by wire
immediately and in writing within 24 hours.
77.No subsequent addition or alteration shall be made to the premises in respect of
which a licence has been granted or to any part thereof, without the sanction of the
licensing authority being obtained therefor and the plans and drawings relating to
such addition or alteration being approved of by him.
78.The licensee shall give notice in writing to the licensing authority of his intention to
add or alter the licensed premises or any portion thereof and such notice shall
describe clearly the intended additions or alterations and be accompanied by
complete plans, elevations and sections and block plan and specifications of the
work proposed to be executed, drawn up in the manner required by rule 37 in Part II.
The licensing authority shall, before according sanction to the proposed addition or
alteration, follow, as far as may be, the procedure laid down in rule 40 in that Part.
 79.(1) The Chief Electrical Inspector or any officer deputed by him, inspecting an
installation under rule 44 in Part II or under rule 94 in Part VI shall, if he discovers any
defect therein, issue written orders to the owner or person in charge for their
rectification and prescribe reasonable time within which such orders should be
carried out.

(2) If any further inspection shall in the opinion of the Chief Electrical Inspector or the
officer deputed by him or the licensing authority have become necessary-

(i) owing to the neglect or failure of the owner or person in charge to carry out any written
orders issued under sub-rule (1), within the time prescribed by the Chief Electrical Inspector
or the officer deputed by him; or

(ii) owing to the other reasons to be recorded in writing a fee of rupees [four
hundred] shall be charged for such further inspection and such fee shall be paid by the
licensee [into a Government treasury under the head of account referred to in rule 44(1)
in Part II of these rules within 15 days from the date of the receipt of a demand from the
Chief Electrical Inspector].

[79A. Licensing of semi-permanent cinemas. - (1) The licensing authorities shall permit
construction of semi-permanent cinemas and grant licences for such semi-permanent
cinemas. Any such licence granted shall be valid for a period of five years and shall be
subject to the conditions and restrictions specified in sub-rule (4):

Provided that the licensing authority may extend the validity of the licence by a further
period of two years, to enable its conversion into a permanent cinema. The issue of a
licence to such a cinema thereafter shall be considered by the licensing authority only if
the rules applicable to a permanent cinema are complied with:

Provided further that a semi-permanent cinema located in Panchayat areas (Panchayats

Grade I to III, Selection Grade Panchayat and Town Panchayats only) where there is
scope for running only semi-permanent cinema, shall be allowed to continue as semi-
permanent cinema till it is converted into a permanent cinema.

(2) The provisions of the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of
1955) and the rules made thereunder relating to permanent cinemas shall be applied to
the semi-permanent cinemas subject to the conditions specified in sub-rule (4).

[(3) A licence granted for a semi-permanent cinema shall lapse at the end of five years.]

(4) (a) Semi-permanent cinemas shall be permitted in areas having a total population of
less than one lakh and also not having more than three permanent cinemas already
functioning in[the locality].

(b) All public conveniences any ticket counters fitted, with suitable hand-railing high in
front of booking windows to enable the purchasers of tickets to form up queues, shall be
as per the standard required for the permanent cinemas.

(c) The compound walls around the premises shall be so constructed that the front portion
and a portion of the adjacent two sides shall be masonry construction of sufficient height
so as to prevent outsiders causing inconveniences when the shows are on within the
premises With side wide open and the remaining portion be of barbed wire fencing so
that when the show is on with the side cladding thrown open, it may not give room to
outsiders to peep over the compound wall into the cinemas.

(d) The side walls of the main building shall be dwarf walls 1.05 metres high plastered with
lime mortar or [cement] over which durable black canvas or tarpaulin curtains shall be
provided so as to shut off light and afford shelter from rain.]

Part-V

Maintenance of Premises
80.The licensee shall cause-

(1) all windows and other means of ventilation in the building to be maintained in good
order;

(2) every part of such building or place to be maintained in proper sanitary condition;

(3) the walls of the building to be hot lime washed at least once in every six months or to
be painted once in every two years or more often if so prescribed;

[(4) All walls outside the auditorium to be lined with a washable surface to two metres
height from the ground level so that they can be washed easily and kept clean always;]

(5) the premises to be thoroughly cleaned and all refuse matters to be removed at least
once in every 24 hours or more often if so prescribed; [* * *]

(6) Debugging operation, regular spraying of residual insecticides against mosquitoes and
fogging with insecticides by fogging machine or mist blower to be carried out at least
once in a month in the auditorium to the satisfaction of the public health authorities and a
permanent record of such operations to be kept.

(7) [* * *]
81.(1) The licensee shall provide-

(i) a sufficient supply of wholesome drinking water for the use of persons employed in or
frequenting such building; the quantity and the places and the method of storage and
supply being prescribed by the licensing authority; and

(ii) spittoons of such description, in such numbers and in such places as may be prescribed
on the recommendation of the Health Officer concerned.

(2) [* * *]
82.(1) No passage, gangway, or corridor shall be used as a lock-room and no pegs or
hanging hats, cloaks, etc. shall be allowed therein nor shall any such passage,
gangway or corridor be used for storage purpose or for any purpose whatever
except for exit and entrance from, and to, the auditorium.

(2) There shall be no recesses or projections in the walls of such passage-gangway or

corridors within [1.75 metres] of the ground; light shall be not less than 2 metres above the
ground
83.(1)(a) The licensing authority shall fix the actual number of persons to be admitted to
each class of accommodation provided in the auditorium. The number shall be
arrived at by calculating at the rate of 20 persons per 10 square metres of floor area
 in respect of that portion of auditorium which is provided with chairs having backs
and arms, and at the rate of 25 persons per 10 square metres of floor area in respect
of any other class of accommodation:[Provided that not less than ten per cent of the
total seat in the auditorium shall be reserved for the lowest class.]

[(aa) The licensing authority may on application by the licensee alter the rates of
admission for any class of accommodation, if there has been any change in the amenities
provided either in that class of accommodation or generally in the theatre or for any other
valid reasons;]

(b) In calculating the area under clause (a), the area of the entrances, the passages,
gangways, the stage, the staircases and all places to which the public are not admitted
shall be excluded, but no part of the auditorium from which a person can watch the
exhibition of films shall be excluded.

[(c) (i) The licensee may revise the rates of admission to theaters located in the areas,
within the Minimum and Maximum rates as detailed below:-]

Rate of Admission

A/c Theatre Non A/c Theatre

Municipal Corporation :

Minimum Rs. 10/- Rs. 7/-

Maximum Rs. 50/- Rs. 30/-

Municipalities :

Minimum Rs. 5/- Rs. 4/-

Maximum Rs. 40/- Rs. 30/-

Town Panchayats :

Minimum Rs. 5/- Rs. 4/-

Maximum Rs. 25/- Rs. 20/-

Village Panchayats :

Minimum Rs. 5/- Rs. 4/-

Maximum Rs. 15/- Rs. 10/-

(ii) The licensee shall make an application to the licensing authority for making necessary
endorsement "C" from licence for revision in rates of admission as per clause (i) above
after making endorsement in "C" form licence, the licensing authority shall return the "C"
Form licence to the licensee.

(iii) Subject to .the rates mentioned in (i) above, a licensee may charge a rate other than
the rate endorsed in the "C" from licence, for any film for a specified period with due
advance notice to the licensing authority and the Commercial Tax authority and with
proper endorsement made by the Licensing Authority in the "C" form licence.

(iv) The maximum and minimum rates of admission to the theatre in the Multiplex provided
with the following items shall be of Rs. 95/- and Rs. 10/- respectively:-
1. Two or more fully air-conditioned theatres.
2. Total Capacity of all theatres not less than 800 seats.
3. Seat with width (pitch) of not less than 20 inches.
4. 100 per cent power back-up by generators.
5. Xenon or digital Projectors.
6. Digital Sound System or DTS.
7. Three Main Speakers.
8. Three way Speakers.
9. Surround speakers system.
10.Toilet Urinals with automatic flush.
11.Air-conditioned Lobby.
12.Computer ticketing.
13.Web ticketing.
14.Home Delivery of Tickets.

(v) The maximum and minimum rates of admission to the theatres in the Multiplex provided
with 10 items out of 15 items mentioned in clause (iv) above including the following 5 items
shall be or Rs. 85/- and Rs. 10/-, respectively:-

(1) Two or more fully air-conditioned theatres.

(2) Total capacity of all theatres not less than 800 seats.

(3) 100 per cent power back-up by Generators.

(4) Xenon or Digital Projectors.

(5) Digital Sound System or DTS.

(vi) The maximum and minimum rates of admission to the theatres in the Multiplex having
more than three theaters with air-condition and with family entertainment and restaurant
facilities shall be of Rs. 120/- and Rs. 10/- respectively.

[(d) The Government may either suo motu or on receipt of application from the licensees,
order the general revision of rates of admission to theatre including the theatres in
Multiplex considering the amenities provided therein and the overall escalation of cost in
all spheres related to the running of theatres.]

[(e) If the licensing authority is satisfied that the licensee has permitted persons in excess of
the number as reduced under clause (d) for the class of accommodation in each part of
the auditorium, the licensing authority may suo motu order the restoration of the number
that existed prior to the reduction in the number sanctioned under clause (d) after giving
the licensee an opportunity to state his case, if any, within 30 days from the date of
receipt of a notice by him addressed to the cinema address to which the proposal relates
and delivered by hand and acknowledgment obtained.]

[(1A) (a) The licensing authority shall fix the actual rates of admission I to each class of
accommodation, provided in the auditorium after taking into account the proposals of
the licensee, the amenities provided in the theatre, the prevailing rates of admission in
similar theatres in similar localities within his jurisdiction and any other relevant factor.]

(b) The rates prescribed for each class of accommodation in the auditorium shall be
clearly indicated by means of a board or other wise.

(c) (i) A licensee may increase the rates of admission for all classes except the lowest
class, after giving notice to the licensing authority and commercial tax authority:

Provided that such enhancement shall not exceed seventy-five percentage of the rates
that excised on 12.04.2002.

(ii) For lowest class, the rates should not exceed Rs. 10 for cities of Chennai, Tirucharapalli,
Madurai, Coimbatore, Salem and Thirunelveli and Rs. 5 in other places and it shall be so
fixed as to be less that the rates for the next higher class.

(iii) A licensee may change rates without any ceiling being fixed for a period of two weeks
from the date of commencement of exhibition of new film in his theatre after giving notice
to the licensing authority and the commercial tax authority and also after getting entry for
endorsement to the effect in the C form licence from the licensing authority.

[(d) The Government may either suo moto or on receipt of application from the licensees,
order the general revision of rates of admission in theatres, considering the overall
escalation of cost in all spheres related to the running of theatres.]

(1-B) The [Joint Commissioner of Land Administration] may, either suo motu or on
application by the licensee, revise the order of the licensing authority under sub-rules (1)
and (1-A) after giving the licensee an opportunity of being heard:

[Provided that an appeal against the decision of the licensing authority shall be preferred
within 30 days from, the date of receipt of the order appealed against. A fee for [Rs. 600
(Rupees six hundred only)] shall be paid in respect of each appeal.]

[(1-C) The Government may, either suo motu or on an application made by the licensee
revise the order of the appellate authority under sub-rule (1-B):]

[Provided that an application for revision against the decision of the appellate authority
shall be preferred within 30 days from the dates of receipt of the order of the appellate
authority. A fee for [Rs. 400 (Rupees four hundred only)] shall be paid in respect of each
application for revision.]

(2) All exit doors shall be kept unbolted during performance. All the top and bottom bolts
of such doors shall, wherever possible, be capable of operation possible central handle
on each pair of doors.

(3) The public may leave at the end of a performance or exhibition by any exit door.

(4) No chair or other obstruction shall be placed in any passage, gangway or staircase.

(5) No person shall be permitted to sit or stand in any gangway intersecting the seating or
to sit in any gangway or between the screen and the barrier referred to in rule 63 in Part
IV.
84.The following provisions shall be observed in providing seating accommodation:-

(1) Chairs shall be battened together in complete lengths.

(2) In all cases, there shall be an intervening space of at least [35 centimetres] between
the back of one seat and the front of the seat immediately behind measured between
perpendiculars.

(3) Where a curtain is used to cover a doorway, it shall be so hung as to be easily pulled
aside and the bottom edge of the curtain shall not be less than [7.5 centimetres] above
the level of the floor.

(4) The area reserved for floor seats shall have a flooring of damp proof material.

[(5) Benches or chairs shall be provided for the lowest class in all permanent and semi-
permanent cinemas:]

Provided that nothing contained in this sub-rule shall apply to a theatre, in which providing
of benches or chairs in the lowest class will involve structural alterations to the theatre, until
such time as they are re-constructed or remodelled.
85.(1) Not more than 200 lb. of cinema film shall be stored in the premises to which the
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.

(2) The storage of film under sub-rule (1) shall be subject to the conditions specified in the
Schedule to these rules.
86.The door of the enclosure and of any rewinding room and all openings, bushes and
joints shall be so constructed and maintained as to prevent, as far as possible, the
escape of any smoke into the auditorium. Ventilators shall be provided for the
enclosure and for any rewinding room by the ventilation ducts shall not
communicate direct with the auditorium. The area of the ventilating ducts of the
enclosure shall not be less than one per cent of its floor area.

Explanation. - By "bush" is meant packing inserted in the holes through which the pipes
and cables pass in order to render such holes reasonably smoke-proof.
87.Cinema projectors shall be fitted with two-metal film boxes of substantial construction
to, and from, which the films shall be caused to travel. The film boxes shall be made
 to close in such a manner and shall be fitted with a film slot so constructed as to
prevent the passage of flame to the interior of the box.
88.Film shall be wound upon spools in such a manner that the wound film shall not at
any time reach or project beyond the edges of the flanges of the spool. The
rewinding of films shall not be carried out in the enclosure while an exhibition is in
progress.
89.All films, when not in use, shall be kept in separate closed metal boxes. The metal
boxes shall be of substantial construction, the plate used being not less than [0.56
millimetres]thickness. Each box shall have a hinged cover secured by hasp and
staple. A rack shall be provided for storing the closed metal boxes without piling. Films
shall not be stored in any part of a building which is at a lower level than any other
part thereof used for residential purposes.
90.(1) A plan (in single line) of wiring shall always be kept in a prominent place in the
office of the manager. The plan should conform, as far as may be, to the model
wiring diagram appended to these rules.

[(2) In all cinema premises, sufficient number of approved electric lights fed from an
independent source, or sources which are automatically switched on in case of failure of
main lighting shall be provided in the auditorium, gangways, passages and exits:]

Provided that this rule shall not apply to the existing cinema premises until 1st July 1968.

Explanation. - The expression "independent source" will include "Battery sets".

(3) Whenever any illuminant other than electricity is used for the lantern, its use and the
apparatus for its production shall be subject to the approval of licensing authority.

(4) Ordinarily, no open or naked lights shall be allowed, but if the nature of the
performance or exhibition absolutely necessitates the use of naked lights, this fact shall be
mentioned when an application is made for a licence.

(5) Where it is intended to use open or naked lights in any performance or exhibition,
notice of such fact shall be given at least 48 hours prior to the performance or exhibition to
the Fire Service and Rescue Department in places where, there axe fire brigades so that
additional precautions may be taken.
91.(1) The following fire extinguishing appliances shall be provided:-

[(A) In the enclosure-

(i) In the projection room. - One portable soda acid fire extinguisher and one dry chemical
powder fire extinguisher, one bucket of water one bucket of sand and an asbestos
blanket or woollen blanket of size 1.8 m. x 0.9 m;]

(ii) In the Rewinding Room. - One portable soda acid fire extinguisher and a bucket with
water. A can containing water not less than 10 cm. deep in it shall also be provided near
rewinding table for depositing the film clippings. The can shall have a self closing type of
lid.

[(B) In the electrical motor room or switch gear room. - One dry chemical powder fire
extinguisher:]
Provided that the existing carbon-di-oxide fire extinguishers shall be continued till their life
time or condemnation;]

[(C) In the Auditorium:

(1) (i) Three portable soda acid fire extinguishers (two for auditorium and one for stage)
and supply of not less than twenty-five litres of water per ten square metres of floor area
shall be stored in the manner laid down in sub-clause (ii).

(ii) Two hundred litres of water shall be stored inside the auditorium in twenty bucket
confirming to sub-rule (2) and the balance stored in tanks or cisterns of any capacity so
arranged as to be easily accessible to the satisfaction of the Chief Electrical Inspector to
Government.]

(2) These appliances shall be so disposed as to be readily available for use. The buckets
shall have round bottoms and handles and shall be 12.5 litres capacity each to hold not
less than 12 litres of water. They shall be painted red with the word "FIRE" painted on them
in large block letters in English and Tamil.

(3) The fife extinguishers shall conform to the relevant Indian Standards mentioned against
each below and shall be of the following sizes namely:-

(a) Soda acid type shall be of [9 litres] size I.S.934.

[(b) Dry chemical powder shall be of 5 Kilogram size or above, I.S. 2171-1985:]

Provided that if the capacities of the existing portable fire extinguishers are of capacities
other than those given above, they shall be continued till their life time or condemnation.

(c) Carbon-di-oxide type shall be of 2 kilograms-I.S. 2878.

The maintenance, inspection and testing of the portable fire extinguishers shall be done in
accordance with the provisions of I.S. 2190-1979. Record of maintenance, inspection and
testing of fire extinguishers shall be maintained in a register in the form provided in
Appendix-B to the said Indian Standards issued by the Bureau of Indian Standards.

(4) The pressure or leakage tests of all types of fire extinguishers shall be carried out at
intervals maintained against each fire extinguisher at a pressure and for a period
mentioned against them in Table below, as per clauses 10.4.2 of I.S. 2190-1979.

Period for which

Type of Fire Extinguisher Test Interval Test Pressure pressure
maintained

(1) (2) (3) (4)

1.75 MN/M21.75 Pa. (17.

1. Soda Acid 3 years 2.5 minutes
5 kg Cm2)

2. Dry Chemical Powder 1.75MN/M21.75 Pa. (17.5

3 years 2.5 minutes
(Gas cartridge) kg cm')
The periodical pressure or leakage tests shall be carried out by Electrical Inspectorates or
by the manufacturing companies of fire extinguishers or by private engineering test houses
authorised by the Chief Electrical Inspector to Government. Certificate showing the results
of the tests should be submitted to Electrical Inspector.

(5) Not less than four stirrup pumps and 3 buckets filled with water shall be provided if
there is no gallery, or first floor, or balcony in the premises and not less than 6 stirrup pumps
and 12 buckets filled with water shall be provided if there is a gallery or first floor or
balcony in the premises in which case, at least two stirrup pumps and 4 buckets filled with
water shall be kept in the gallery or fist floor or balcony.

(6) The licensee shall stock not less than 1 spare refill together with requirement amount of
chemicals for each of the soda acid and dry chemical powder fire extinguisher. The refill
shall conform to the Indian Standard I.S. 5490.

(7) The fire extinguishers and stirrup pumps shall be mounted on walls in such way that the
handle is at a height of not more than 1.5 metres above the floor level. The fire
extinguisher and stirrup pump shall be easily accessible and the passage leading to the
fire extinguisher shall not be obstructed in any way. The fire fighting appliances in the
auditorium shall be located in the manner as not to obstruct the passage aisles or reduce
their width in any way.

(8) Attendants and staffs shall be trained in the use of all fire fighting equipment
maintained in the premises.

[91A. In all permanent cinema buildings, fire detectors shall be provided in the auditorium
to flash a visual signal and sound and audible warning immediately on the rise in the inside
temperature being caused by a fire. Water sprinklers shall also be installed in the
auditorium. The water sprinklers shall be linked with the said fire detectors as to spray water
automatically, whenever the fire detectors give an alarm.]

[91B. The licensee of a cinema theatre may collect a fee for parking vehicles in the
premises of the cinema theatre specified in the Table below:

Area Fee to be collected

(1) (2)

Car/ Three
Two Wheeler
Wheeler Vehicles Cycles
(Motor)
(Motor)

(a) (b) (c)

Rs. P. Rs. P. Rs. P.

 Corporation/ District Head
1 3.00 2.00 1.00
Quarters, Grade I Municipalities

Municipalities other than Grade-I

2 2.50 2.00 1.00
Municipalities

Town Panchayats/ Village

3 2.00 1.00 0.50]
Panchayats.

Part-VI

96A. [(1) For renewal of certificate of structural soundness of the building, the licensee shall
at least one month prior to the date of expiry of the period specified in the said certificate,
make an application to the Executive Engineer, if the age of the building is less than fifty
years and to the Superintending Engineer, Planning and Designs Circle, if the age of the
building is fifty years and above together with the treasury receipt for the payment of fees
prescribed:]
92. (Tamil Nadu Act X of 1939) and the Tamil Nadu Local Authorities Finance Act, 1961
(Tamil Nadu Act 52 of 1961):]

[Provided that it shall be sufficient if a certificate from the Commercial Tax Authority
referred to in sub rule (1) is produced once in three month.]

(2) Such temporary permit shall be subject to the conditions of the licence sought to be
renewed, and shall be valid for a period of one month from the date of the grant thereof
and may be renewed by the licensing authority for further period of one month at a time:

Provided that the temporary permit shall cease to be valid and shall be surrendered to the
licensing authority on the applicant receiving the licence duly renewed or on his receiving
an order refusing to renew the licence:

Provided further that the temporary permit shall be surrendered to the licensing authority
on demand made at any time in that behalf.

[(3) A fee of Rs. 200 (Rupees two hundred only) shall be collected for grant of such
temporary permit for permanent and semi-permanent cinemas and Rs. 100 (Rupees one
hundred only) for travelling cinemas.]

(4) The temporary permit shall during the period of its validity, be deemed to be a licence
for the purpose of these rules.

Part-VII

[Travelling Cinemas]
93.The rules in this Part and the following rules shall apply to travelling cinemas:-
[(i) Parts I-A, III and IIIA - All rules.]

(ii) Part IV-Rules [50], 63, 65, 66, 67, 68, 70, 71, 72, 73, 74, 76 and 77.

(iii) Part V-Rules 80(1), (2) and (4), 81, 83(1)(a), (3), (4) and (5), 84(2), 86, 87,88 and 89.

(iv) Part IV-Rules 92 and 97.

[99. In this Part-

(a) "building" shall mean and include any booth, or building with roofing of bituminous,
asphalt, asbestos or zinc sheets with iron poles or with wooden poles and rafters duly
coated with fire-resistant paint and fixed-, with nails or screws or bolts and should be leak-
proof; and

(b) [travelling cinema] shall mean-

(i) an outfit comprising the cinema apparatus and plant and enclosure taken from place
to place in the State of Tamil Nadu for giving cinema exhibitions, or

(ii) an outfit comprising cinema apparatus and plant taken from place to place in the
State of Tamil Nadu for conducting shows in the local theatres or halls.]
100. A person who intends to build a [travelling cinema]building shall follow the
procedure in rule 35 in Part 11(a). A treasury receipt for payment of fee of [Rs. 500
(Rupees Five hundred only)] for construction of building and installation of machinery
at the rates prescribed by the local authority shall also be sent with the application.

[100A. On receipt of the application, the licensing authority shall follow the procedure
prescribed in rule 35-A in Part 11(a).]
101. (1) The building shall be provided on all its sides with an open space which in no
part thereof shall be less than [18 metres]in width.

[(2) The building shall have a road frontage on the public thoroughfare upon which the
site of such building abuts;]

(3) There shall be suitable means of entrance and exit for the public in such frontage.

(4) The eaves of the building shall have a height of not less than 2.50 metres.

[102. The licensee shall provide such sanitary convenience as may be prescribed by the
licensing authority for the exclusive use of each sex according to the scale laid down in
rule 55 of Part IV and shall cause the same to be maintained in good order and sanitary
condition.

102A. (1) The licensee shall provide such number of approved artificial ventilation
equipments as required by the licensing authority. The standard for ventilation shall be 28
cubic meters of fresh air per seat per hour.

(2) Protection guards shall be provided for ceiling fans with less than 2.25 meters
clearance; the height between the guard and the floor shall not be less than 2.20 meters.]

[102B. The licensee shall provide a suitable cycle stand constructed with a nonflammable
roofing and make arrangements for the safety of the cycles.]
 103. [(1) A licence shall not be granted if the building is constructed in whole or part, of
material which is inflammable.]

(2) The building in which the [travelling cinema] is located shall be at a minimum distance
of-

(i) 36.5 metres from the nearest house or other buildings;

(ii) 1.2 metres from the nearest conductor of power lines upto and inclusive of 11K.V and 2
metres from the nearest conductor of power lines above 11 K.V and inclusive of 33 K.V (2
meters plus 0.3. meter for every additional 33 K.V and part thereof above 33 K.V from the
fencing of the theatre.)

(iii) 0.201 Kilometre from a temple or maidan where fireworks are displayed on festivals
and special occasions or factories, workshops, etc., and where fire is used for ignition,
processing, etc. and sparks escape through chimney or any other outlet.

(iv) [100 metres away] from any building or other structures where fireworks or gun powder
is stored or manufactured.

(3) There shall be a minimum distance of 0.201 Kilometre (one furlong) between the
Community Radio Centre and the [travelling cinema] in places where Community Radio
Set operates:

Provided that the licensing authority may relax the requirements in this sub-rule in very
exceptional cases:

Provided further that no power line shall pass over any part of the fenced area.

[104. In every building there shall be on each side an aperture at least 2.25 metres high
and 5.5 metres wide. This aperture may be closed by tatties fixed on split bamboo frame
and fastened by twine inside.]
105. Doors and apertures not ordinarily in use may be made of or covered or closed by
mat, screen or similar material which can be removed by a light pressure from inside
the building.

[106. (1) After consideration of the application made under rule 100, with reference to the
matters specified in section 5(1) of the Act, and the objections of the local authority or the
police, the licensing authority shall grant a no objection certificate in Form "B" or may
refuse to grant it within one month after the receipt of the remarks of the local authority
and the police or within fifteen days of the receipt of a further report where such a report
has to be obtained. A copy of the order shall be communicated to the applicant and of
the persons, if any, who have filed objections before the licensing authority.

(1-A) The grant of no objection certificate is necessary for the construction of a

new [travelling cinema] building.

(2) The no objection certificate issued by the licensing authority shall be valid for a period
of six months. If within this period, the proposed cinema is not put up, a fresh no objection
certificate should be applied for:

[Provided that the licensing authority in genuine cases and for reasons to be recorded in
writing, may extent the period of validity of no objection certificate or relax the conditions
already imposed in the said certificate up to a maximum period of 3 months beyond the
date of expiry of the original validity, on receipt of an application for the same from the
applicant. A fee of [Rs. 250 (Rupees two hundred and fifty only)] shall be paid in respect of
each application and a treasury receipt for the amount of the fee shall be submitted
along with the application.]

[The Licensing authority shall send the report in Form "L" for extension of validity no
objection certificate or for relaxation of the condition already imposed in the no objection
certificate and in Form "M" for exemption from the Tamil Nadu Cinemas (Regulation) Rules,
1957.]

Explanation. - For the purpose of this sub-rule, durations covered by stay order of the
Commissioner of Land Administration or of [the Government] or of the High Court
reckoned from the date of passing the order of stay to the date of pronouncement of the
final orders vacating the stay should be excluded in calculating the period of validity of
the no objection certificate.

[(3) On receipt of the no objection certificate referred to in sub-rule (1) above applicant
shall submit an application for approval of the plan of the building to be constructed in
the approved site along with complete plans, elevations, sections (in duplicate) of the
premises and of all erections or buildings thereon drawn, correctly to a scale of one
centimetre to a metre. The licensing authority shall issue an order approving the plans with
such modifications as may considered necessary by him.]

(4) Any person aggrieved by the order of the licensing authority granting or refusing to
grant a no objection certificate or refusing to extend the validity of the no objection
certificate may appeal to the Commissioner of Land Administration. The rules in Part III shall
apply to such appeals.]

106A. [* * *]
107. On completion of building according to the approved plan, the applicant shall
submit his application for licence to the licensing authority. The application shall be
accompanied by-

(i) a certificate from the Chief Electrical Inspector and a declaration prescribed in rules
40(2) (i) and 41(2), respectively, in Part II;

(ii) a treasury receipt for the payment of fees for licence at the rate prescribed in rule 110;
and

[(iii) a evidence of having insured the cinema building, etc., against fire hazards, and an
evidence of having insured the audience with an insured company against the insurers
liability for payment of compensation to the victims of fire or other accidents inside the
auditorium.]
108. On receipt of the application for licence together with the Electrical Certificate
and declaration referred to in rule 107, the licensing authority shall issue to the
applicant a licence in Form "C" for the period covered by the Chief Electrical
Inspector's certificate or refuse to issue such licence within a period not exceeding
one month from the date of its receipt. A copy of the order shall be communicated
to the applicant and to the persons, if any, who have filed objections before the
licensing authority.
 109. (1) No [travelling cinema]shall be licensed to exhibit shows in any place for a period
longer than five years, subject to the condition that the certificates regarding
structural soundness, electrical installation and use of non-inflammable materials are
produced every year.

(1-A) The licence shall be granted initially for one year and it may be renewed for further
periods not exceeding one year each, subject, however, to the total period of [five
years] prescribed in sub-rule (1) if after inspection as contemplated in rule 113, the
licensing authority is satisfied that the site and the building continue to confirm to the
relevant rules and the building is structurally sound:

Provided that if the licence is granted or renewed for a period of less than one year or if
renewal is refused, it shall be for reasons to be recorded in writing and communicated to
the applicant.

(2) After the period of [five years] exhibition as contemplated in sub-rule (1) there shall be
a minimum interval of three months before the same site is again licensed:

[Provided that the same applicant who proposes to run a [travelling cinema] again for the
subsequent term in the same site, shall produce the necessary certificates required under
rule 107, along with the application for the licence.]

(3) Where the licensing authority is satisfied that any break/breaks in the period for which
the licence was granted is/are not due to the fault of the licensee, such break/breaks
may be excluded for the purpose of computing the said period of [five years].
110. [(1) (a) For every licence when granted or renewed, a fee shall be charged
according to the scale laid down below:-

For a temporary licence for a period not exceeding one year for a building. Rupees Three
hundred for a period of one year for an area of 100 square metres or less with an
additional fee of Rs. 150 for every 50 square metres or fraction thereof, in excess of 100
square metres subject to a minimum of [Rs. 1,500 (Rupees one thousand five hundred
only)].

The licensing authority shall collect the licence fee in proportion to the period for which
the licence is granted or renewed. For a temporary licence for a period not exceeding
three months for a building not thatched nor constructed of inflammable materials falling
under item (ii) of clause (B) of rule 99. Rupees fifty for a month or for a portion thereof for
an area of 100 squares metres or less with an additional fee of Rs. 25 for a month or for a
portion thereof for every 50 square metres or fraction thereof in excess of 100 square
metres.]

(b) Duplicate of a licence may be granted on payment of a fee of [Rs. 500 (Rupees five
hundred only)].

(2) One half of the fee shall be credited to the local authority concerned excluding
panchayats.

[(3) Every application for the grant of renewal of licence shall be accompanied by-

(i) a treasury receipt for payment of fees at prescribed rates; and

(ii) an evidence of having insured the cinema building, machinery, etc., against Ere
hazards and evidence of having insured the audience with an insurance company
against the insurance liability for payment of compensation to the victims oi tire or other
accident inside the auditorium.]

(4) In case of refusal of the grant or renewal of a licence, a refund at the rate of one-half
of the total amount of the fee collected, may be made to the applicant. The application
for such refund shall, however, be made by the applicant within one month from the date
of receipt of the orders of rejection of his application for grant or renewal of licence. The
refund shall be made after the expiry of the period of appeal or after the disposal of the
appeal if one has been presented.
111. For the inspection of the enclosure, cinema apparatus and plant, electric
installation, fire-fighting and precautionary measures when first erected [a fee of Rs.
450 (Rupees four hundred and fifty)], shall be paid in advance by the applicant for
the licence into a Government treasury under the head of account referred to in rule
44(1) of Part II of these rules.
112. (1) For the renewal of the electrical certificate a fee of [Rs. 200 (Rupee two
hundred only)]shall be paid in advance into the Government treasury and the
treasury receipt together with an application for renewal be furnished to the Chief
Electrical Inspector, three months before the date of expiry of the period of validity of
that certificate.

(2) If the treasury receipt is not furnished within the period aforesaid, a penalty of one-third
of the fee specified above for a delay of each month or fraction thereof shall also be paid
into a Government treasury to the credit of the Government and the treasury receipt
relating to the payment of the penalty shall be furnished to the Chief Electrical Inspector
along with the treasury receipt relating to the payment of the fee for the inspection.

(3) The electrical certificate shall cease to be valid when the. cinema apparatus and the
plant of the [travelling cinema] are shifted to a different theatre or hall.

[(4) (i) The Chief Electrical Inspector or any officer deputed by him inspecting an
installation, before the issue of a certificate in Form "D" or before the renewal thereof shall,
if he discovers any defects therein, issue written orders to the owner or person in charge
for its rectification and prescribe a reasonable time within which such orders shall be
carried out.]

(ii) If any further insertion shall, in the opinion of the Chief Electrical Inspector or the Officer
deputed by him or the licensing authority have become necessary-

(a) owing to the neglect or failure of the owner or person in charge to carry out any
written orders issued under clause (i) within the time prescribed by the Chief Electrical
Inspector or the Officer deputed by him; or

(b) owing to other reasons to be recorded in writing- a fee of [rupees two hundred]shall
be charged for such further inspection and such fee shall be paid by the licensee into
Government treasury under the head of account referred to in rule 44(i) of Part II of these
rules, within fifteen days form the date of the receipt of a demand from the Chief
Electrical Inspector.
(5) The Chief Electrical Inspector's certificate in Form "D" shall be valid for a period of one
year in the first instance and may be renewed for further periods not exceeding one year
each:

Provided that where the grant or the renewal of the certificate is for a period of less than
one year or renewal is refused it shall be for reasons to be recorded in writing and
communicated to the applicant.

[113. On receipt of the Chief Electrical Inspector's Certificate duly renewed, the licensing
authority, or an officer not below the rank of Deputy Tahsildar or an Inspector of Police in
the City of [Chennai] deputed by him shall inspect at the beginning of every year and
satisfy that all the rules are observed before the licence is renewed:

Provided that where the Chief Electrical Inspector's Certificate is renewed for a period less
than one year at a time, or when the Film Division Certificate is not valid for the entire
remaining period, or when the documentary evidence to prove the legal possession is not
valid for the entire remaining period, or when the licence fee is remitted for a shorter
period, no such inspection shall be necessary, if the inspection has already taken place
within a period of one year preceding the date of Film Division Certificate, or the Chief
Electrical Inspector's Certificate, or the date becomes invalid on which the documentary
evidence to prove the legal possession or the date of remittance of licence fee, as the
case maybe.]
114. The number prescribed under rule 83(l)(a) in part V in respect of the auditorium shall
not exceed the following limit:-

The number arrived at by calculating at the rate of 25 persons per 10 square metre of floor
area, after making the exclusions referred to in that rule.

[114A. (1) Benches or chairs shall be provided for the lowest class in all [travelling
cinemas.]

(2) Chairs shall be attended together in complete lengths and also attached to the
grounds.

(3) The gangways shall be not less than 1.25 meters in width and shall be so arranged that
no seat shall be at a distance of more than ten seats from a gangway.

(4) There shall be a passage for every ten rows of seating accommodation and it shall be
not less than 1 metre in width.]

[115. 3(1) The following fire-extinguishing appliances shall be provided:-

(a) In the enclosure-

One soda acid fire extinguisher, one bucket of water, one bucket filled with sand and
woollen blanket of adequate size.

(b) In the auditorium-

(i) 4 soda acid type fire extinguishers and supply of not less than 50 litres of water per 10
square metre of floor-area shall be stored in two permanent masonry or RCC tanks, one
on either side of the auditorium.
(ii) 20 number of 12 = litres capacity buckets which shall be of round-bottom each to
contain not less than 10 litres of water;

(iii) at least 4 stirrup pumps and 8 buckets filled with water. (2) All the extinguishers and fire
buckets in the auditorium shall be located in a manner so as not to obstruct the passage
or reduce their width in any way.]

115A. (1) If a [travelling cinema] building is damaged or destroyed by lire after the grant of
a no objection certificate in Form "B" but before the issue of a licence in Form "C", the
licensing authority may, after giving the applicant to whom the no objection certificate
has been granted, an opportunity to show cause against revocation of no objection
certificate, revoke the no objection certificate.

(2) If a [travelling cinema] building is damaged or destroyed by fire after the grant of the
licence in Form "C", the licensing authority may, after giving the licensee an opportunity to
show cause against the revocation of the licence, revoke the licence.

(3) Where the licensing authority revokes the licence under sub-rule (2) he may, at his
discretion, order refund of the proportionate licence fee for the unexpired period of the
licence.

(4) Where the no objection certificate in Form "B" or the licence in Form "C" has been
revoked by a licensing authority under sub-rule (1) or sub-rule (2), the applicant whose no
objection certificate has been revoked or the licensee whose licence has been revoked,
as the case may be, may apply for the grant of a fresh no objection certificate for the
same site, following the procedure in rule 35 in Part 11(a).

(5) In regard to an application preferred under sub-rule (4), the licensing authority shall
take de nova proceedings for the grant of a fresh no objection certificate.

(6) The licensing authority shall, in deciding whether to grant or refuse a fresh no objection
certificate, have regard to the following matters, in addition to those specified in section
5(1) of the Act:-

(i) Whether the site is vulnerable to fire accident or not; and

(ii) Whether it would be in the public interest to allow a cinema to run on the same site by
the same applicant.

(7) After consideration of the application made under sub-rule (4), the licensing authority
may grant a fresh no objection certificate in From "B" or may refuse to grant the same. He
shall also issue an order approving or not approving the plan of the building to be
constructed in the approved site without unreasonable delay. A copy of the order shall be
communicated to the applicant and to the persons, if any, who have filed objections
before the licensing authority.

(8) If a [travelling cinema] building is completely damaged and the shed falls down on
account of heavy rain or wind after the grant of a licence in Form "C" the licensing
authority may, after giving the licensee an opportunity to show cause against the
revocation of the licence, revoke the licence. The licensing authority may grant a fresh
licence in Form "C" on an application made with an electrical certificate after satisfying
himself that the rules relating to the grant of licence in Form "C" are satisfied.
(9) Any person aggrieved by the decision of the licensing authority revoking the no
objection certificate or the licence or granting or refusing to grant a fresh no objection
certificate may appea 1 to the [Joint Commissioner of Land Administration.] The rules in
Part III shall apply to such appeals.

[(10) An application for revision shall lie to the Government against the orders of the [Joint
Commissioner of Land Administration] in such cases. The rules in Part III-A shall apply to
such application for revision.]

Part-VIII

Cinema Exhibitions in Educational or Industrial Establishments and in the Open Air

116. The rules in this Part and rule 8 in Part I will apply to the cinematograph exhibitions
in-

(a) educational institutions;

(b) industrial and business establishments;

(c) open air cinemas.

Form N

[See rule 40 in Part 11(c)]

Certificate of Structural Soundness

Under sub-rule (4) of rule 40 in Part 11(c) of the Tamil Nadu Cinemas (Regulation) Rules,
1957,1 certify that the structural soundness of the cinema building known as.............. and
located at................. of which Thiru..........is the licensee, has been verified by me with
reference to the provisions contained in the Tamil Nadu Cinemas (Regulation) Rules, 1957,
as amended, from time to time, and I declare, that the building is structurally sound to be
used for exhibition of Cinematograph films.
2. The certificate is valid for a period of........from............to...........

Station:

Date:

Signature of the Engineer

Registration No.

Class

Address.
Form O

[See rule 40 in Part 11(c)]

Proforma to accompany the certificate of structural soundness to be issued by any

engineer who is competent to issue the said certificate

Report for the period from ...

1. Name and address of the licensee of the cinema theatre
2. Name of the cinema theatre
3. Place at which the cinema is situated (full address, including pin code)
4. Age of building (in years and months indicate also the dale on which it was first fully
completed).
5. Date of last inspection
6. Defects pointed out by the P.W.D. earlier
7. Have the defects pointed out been fully verified? If not what is the position?
8. Are the foundations of the building such that they will sustain the combined load of
the building and of the super-imposed load and transmit those loads to the sub-soil in
such manner as not to impair the stability of the building by the settlement caused by
the pressure of such loads (details of the foundations and nature of soil should be
given).
9. Have the foundation of the building been taken down to such a depth and/ or are
so constructed, as to render the building immune from damage from movement due
to seasonal variations in the content of moisture in the ground (details should be
given).
10.Has the licensee taken necessary steps to secure the proper stability of the building
and to render the building immune from any settlement or movement that may be
caused in the soil on account of seasonal variations in the contents of moisture,
inequalities of soil resistance, lateral escape of soft soil, sliding of the substratum on
sloping ground distributed or concentrated lateral pressure or other causes (details
should be given).
11.(1) Foundation-

(i) Depth below ground level;

(ii) Nature of soil met with at foundation level.

(iii) Pressure at foundation:

(iv) Probable safe bearing capacity of the statement with at foundation.

(2) Superstructure-

(i) Maximum stress in the most critical section of masonry and concrete;

(ii) Nature of masonry and concrete and its safe permissible stress.
12.Condition of roof trusses, rafters, etc. -

(1) Roof truss-

(a) Span-

(i) Clean span;

(ii) Effective span;

(iii) Rise.

(b) Spacing of trusses;

(c) Loads-

(i) Weight of A C. sheet;

(ii) Self-weight of truss;

(iii) Weight of false ceiling;

(iv) Live load

(v) Basis wind pressure and directions most of the time.

(2) Rafters-

(a) Maximum compression;

(b) Tension;

(c) Moment;

(d) Length;

(e) Actual compressive stress;

(f) Actual bending stress.

(3) Bottom ties-

(a) Maximum tension

(b) Maximum compression.

(c) Length.

(d) Actual tensile stress.

(e) Actual compressive stress.

(f) Effective length.

13.Is the ground floor of the building not less than half a metre above the ground level?
14.Has the building been provided with means for effectual drainage of storm water,
sullage and sewage from the premises?
15.Do not eaves of the building have a height of not less than 3.10 metres?
16.Under the conditions of dead and live loading, do the stresses in any of the material
of the construction or in the materials (on which the structure rests exceed the
permissible limits as laid in relevant India standard (bye law 4.2.1 in I.S. 4878-1968).
17.Does the structure of the building conform to the loading standards specified in IS.
875-1964 in so far as live loads and wind loads are concerned.
 18.Are the walls so designed that stress in the walls do not exceed the sale permissible
limits laid down in I.S. 1905-1961?
19.Have the thicknesses of load bearing brick masonry walls been adopted as laid
down in Table 2 given in 4.3.1 of I.S. 4878-1968?
20.Have the premises been enclosed with proper external or pardoning walls of brick or
stone?
21.Has the licensee provided suitable means of drainage to the building and also
sanitary convenience according to the scale indicated in rule 55?
22.Is the requirement for fitments for drainage and sanitation in respect of the building in
accordance with rule 55 (2)?
23.Has the licensee provided bulk head fittings in the quashed, ticket counters and toilet
rooms intended for the use of the public?
24.Have the floor, roof, ceiling, private boxes, balconies, galleries, tiers, partitions and
every room, lobby corridor and passage been constructed of fire resisting materials.
25.(1) Has the false ceiling been so constructed as to prevent either total or early
collapse in the event of fire?

(2) Has catewalk of suitable materials been provided?

(3) Has the panelling of walls with wood and other combustible materials been permitted?
If so. have such combustible materials been treated with fire resistant paint?

(4) Would the use of clock rooms (if provided) obstruct the free use of any exit?
26.(1) Have internal doors been so fitted as not to obstruct when open, any gangway,
passage, stairway or landing?

(2) Is the size of the doorways is not less than 2.25 metres by that is 1.5 metre?

(3) Is the landing of 1.5 metres flush with the floor?

27.Have any subsequent additions or alternations been made to the premises7 If so,
what are they? Give also the numbers and date of the reference in which sanction
has been accorded by the licensing authority for such addition, alterations.
28.(1) Have all windows and other means of ventilation been maintained in good order?

(2) Have every part of the building been maintained in proper sanitary condition?

(3) Have the walls of the buildings been not lime washed once in every six months or
painted over once in every two years?

(4) Have all walls outside the auditorium been lined with a washable surface to two metres
height from the ground level and kept clean always?

(5) Has a permanent record been kepi for having carried out debugging operation,
regular spraying with residual insecticides against mosquitoes and fogging with
insecticides by fogging machine or whist blower?
29.(1) Has the licensee provided a sufficient supply of wholesome drinking water as
required under rule 81(l)(i)?

(2) Has the licensee provided sufficient number of spittoons as recommended by the
Health Officer concerned?
30.(1) Are there any recesses or projections in the walls of passage, gangway or
corridors within 1.75 metres of the ground?
(2) Have the lights have been provided at a height of not less than two metre above the
ground.
31.Any additional remarks.
32.Recommendation.

Signature of the Engineer

Note. - 1. Items 8 to 12 to be applicable for new buildings, i.e., the first issue of the
Structural Stability Certificate.
2. Items 16 to 18 to be verified the theoretically while approving the plans and designs.
3. Details for item 27 to be furnished by licensee.

Form-P

[See rule 44-B]

To

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

Name and address of the Licensee

You have committed the offences mentioned here under and its proposed to compound
the send offence. If you desire to compound the said offence(s), you are required to you
are required to transmit a sum of Rupees to the Licensing authority on or
before......................(date)

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

Signatures and address of the Licensing authority.

Details of the Offences

1. Conducting matinee and other extra shows without prior permission.
2. Conducting shows in the theatre without valid C form licence or E permit.
3. Leasing out theatres without permission of the licensing Authority.
4. Allowing unlicenced operators to handle projectors.
5. Dirty and insanitary conditions of the auditorium lavatories etc.
6. Non-provision of fans or provision of defective fans.
7. Refusal of licensees to apply fire resistance paints in the auditorium.
8. Poor conditions of seats and Chairs.
9. Porr ridden conditions in the auditorium.
10.Lacks of periodical white washing.
11.Non display of ticket rates at booking counter.
12.Non provision of drinking water or provisions of unclean water.
13.Non Exhibition of news reals.
14.Non Exhibition of cinematograph Act and Rules in the auditorium.
15.Non Production of C form licence and related certificates before inspecting
authorities.
 UNIT.3
EASEMENTS & ARBITRATION
Easements

Easements as defined under Section 4 of the Indian Easement Act,1882 is a right which the
owner or occupier of certain land possesses as such,for the beneficial enjoyment of that
land,to do and continue to prevent and continue to prevent something being done,in or
upon or in respect of,certain other land not his own.

DOMINANT AND SERVIENT HERITAGES AND OWNERS

The land for the beneficial enjoyment of which the right exists is called the dominant
heritage and the owner or occupier thereof the dominant owner; the land on which the
liability is imposed is called the servient heritage and the owner or occupier is called the
servient owner.

ILLUSTRATION

As shown in Figure, X cannot access his land from the road without passing through Y’s
land (CDEF).ABCD is called dominant heritage. CDEF is called Servient heritage. This is an
example of easement X is benefitted by the Indian Easement Act ,1882. Y sacrifices a part
of his absolute right of enjoyment and ownership of his land CDEF.

Example: X as the owner of certain house, has a right of way over his neighbour Y’s land
for purposes connected with the beneficial enjoyment of the house. This is an easement. X
as the owner of a certain house has the right to go on his neighbour Y's land to take water
for the purposes of his house hold out of a spring therein. This is an easement.
Characteristics of an Easement

The essential characteristics of an easement are:

1. There must be a dominant and servient tenement.
2. An easement accommodates the dominant tenement
3. The right of easement must be possessed for the beneficial enjoyment of dominant
tenement.
4. Dominant and servient owners must be different persons.
5. The right should entitle the dominant owner to do and continue to do something or to
prevent and continue to prevent something, being done in or upon or in respect of the
servient tenement.
6. Something must be of a certain or well-defined character and be capable of forming
the subject matter of a grant.
7. Easements are private rights belonging to particular persons.
8. Easement is a right which the owner/occupier of land posses on land not his own.

Natural Rights and Customary Rights

1. To receive light which falls vertically on the land

2. Right of support to land in its natural condition
3. Right to drain water from a land at a higher level to land at a lower level
4. No right to pollute air
5. No right to receive light through adjacent plot

Natural Rights with Restrictions

1. Development of a plot so as to conform to byelaws and regulations of local authority.

2. Right to so much of air and light which passes vertically.
3. No right to pollute air or water

Customary Rights
Customary rights are claimed for a large number of persons of a particular locality. These
are public rights annexed to the place in general. These are not allowed if they are not
reasonable.

Examples of customary rights are:

Right to bury the dead at a particular place
Right to use a particular property by fisherman
Right of way in favour of large and fluctuating body of persons
Rights to use a public place/ground for religious purposes by a community on
certain occasions.

Disturbance of Easement
Any type of interference for peaceful enjoyment of the easement rights acquired by the
owner of dominant tenement is called disturbance. This interference may be in the form of
obstruction or threat of obstruction. In such a case court should be approached for
an injunction to restrain the person causing disturbance.

Various Easement Rights

Easement of light
The right to have access of light to the property owned by the owner is a natural right, and
such a right may be either a natural right or an easement. This right can be acquired in
case of buildings and such a right is a species of a negative easement. The owner of
the dominant tenements is entitled to the uninterrupted access through his ancient
windows of a quantity of light required for inhabitancy or for his business.
Easement of a right to free passage of light
Dominant Owner should prove that
Light has been curtailed
Consequently dominant tenement has become inhabitable
Disturbance has affected dominant owner

In case disturbance is not substantial, Court at its discretion may award monetary
compensation as damages.

Easements of access to air

This is concerned with the volume of air which may be available through an opening. The
right to have air also is a natural right and a person has a right to receive all the air that
vertically passes to his land. Every owner has got the right to open apertures (openings) in
his own wall and unless by doing so he invades the privacy of any other pre-existing and
well-established right vested in his neighbour, the later cannot force him to close the
apertures and the remedy for the neighbour is to build On his own land or otherwise
obstruct the apertures.

Easements relating to water

If there is a defined channel and the water can get through that channel, it must not be
allowed to sprawl on the adjoining land. If there is no defined channel from which the
water can flow, then the land at a lower level has to take the burden of the flow of that
water. The right to flow of water or the right to discharge water by means of artificial water
courses is not a natural right, but may be acquired by contract, prescription, grant or even
arrangement rights of such nature too are to be established like other easementary rights.
Easements of support
Easements of support may arise in cases of the support of buildings by land or the support
of buildings by buildings or easements to let down the surface as in the case of mining
operations, etc. The real nature of this right is not that the adjacent soil should not be
disturbed, but such disturbance should not be injurious to the dominant easement.

If an adjoining building is endangered due to pile driving, the owner has a right for
compensation.
Partition wall between two buildings is another type of support
Party wall, this applies to foundation too.

While laying of fresh foundation the existing foundation of the neighbouring building
should be adequately supported, i.e. dominant heritage.

The Creation of Easements

MODE OF ACQUIRING EASEMENTS
(i) By grant: An easement may be imposed by anyone in the circumstances and to the
extent in and to which he may transfer his interest in the heritage on which the liability is
to be imposed.
(ii) By Necessity :When a property is divided into two parts either by sale , mortgages,
partition, etc. and they are so situated that one cannot be enjoyed without exercising
a particular privilege in or upon the other.
(iii) By Prescription: It is acquisition of a right or title by constant use or possession for 20
years. If it is claimed against government it is 60 years. Mode of acquiring easement
by this method is detailed in the Easement Act, 1882. A person should have enjoyed
the right of way, right to air, right to light and right of support continuously for a period
of 20 years without interruption. It is necessary to obtain a declaratory order from the
Court that dominant owner is entitled to the prescriptive easement rights. The suit
should be filed within two years after the expiry of 20 years.

Extinction by dissolution of right of servient owner.

When, from a cause which preceded the imposition of an easement, the person by whom
it was imposed ceases to have any right in the servient heritage, the easement is
extinguished.

Extinction by release.
An Easement is extinguished when the dominant owner releases it, expressly or impliedly,
to the servient owner. Such release can be made only in the circumstances and to the
extent in and to which the dominant owner can alienate the dominant heritage. An
easement may be released as to part only of the servient heritage.

SUMMARY
As defined under Indian Easement Act, 1882. It is a right possessed by the owner/occupier
of a land to continue to enjoy or to continue to prevent something being done on own’s
land or other land.Dominant owner enjoys dominant heritage which is the right to enjoy
certain benefit, while the servient owner and servient heritage owner are liable legally to
extend enjoyment of benefit to dominant owner. Both dominant and servient tenements
to be present and their owners are to be different. It should accommodate dominant
heritage, right of easement are favours dominant heritage/tenement, it provides the
dominant owner to either continue to do or continue to prevent with respect to servient,
owner, this something of enjoyment. This is to be clearly defined as a grant. Easement is a
private right of particular individuals.

Easement of light relating to natural light, can be also acquired in case of buildings
entitled to continuous enjoyment of light through the idea of ancient windows concept—
dominant owner should prove that this right has been disturbed, monetary compensation
may be awarded in case such disturbance is not substantial
Easement of access to air—natural right to air directly above the ground, existing
apertures (openings) to be maintained.
Easement relating to pollution—Pollution causing injury to property and health is/are not
allowed.
relating to water—flow or discharge of fluid/water to be properly channelled and not to
spread arbitrarily—is not a natural right.
Easement relating to support—relates to safety land or buildings
e.g. mining, basement excavation, party wall etc., Adequate support to be provided.
Introduction, Arbitration Agreement, Role of Arbitrators and Umpire, Arbitration Award.

ARBITRATION
A Brief History of Arbitration Law in India

Arbitration has a long history in India. In ancient times, people often voluntarily submitted
their disputes to a group of wise men of a community—called the panchayat—for
a binding resolution. Modern arbitration law in India was created by the Bengal
Regulations in 1772, during the British rule. The Bengal Regulations provided for
reference by a court to arbitration, with the consent of the parties, in lawsuits for
accounts, partnership deeds, and breach of contract, amongst others. Until 1996, the
law governing arbitration in India consisted mainly of three statutes: (i) the 1937 Arbitration
(Protocol and Convention) Act, (ii) the 1940 Indian Arbitration Act, and (iii) the
1961 Foreign Awards (Recognition and Enforcement) Act. The 1940 Act was the general
law governing arbitration in India along the lines of the English Arbitration Act of 1934, and
both the 1937 and the 1961 Acts were designed to enforce foreign arbitral awards
(the 1961 Act implemented the New York Convention of 1958). The government enacted
the Arbitration and Conciliation Act, 1996 (the 1996 Act) in an effort to modernize the
outdated 1940 Act. The 1996 Act is a comprehensive piece of legislation modeled on the
lines of the UNCITRAL Model Law. This Act repealed all the three previous statutes (the
1937 Act, the 1961 Act and the 1940 Act). Its primary purpose was to encourage
arbitration as a cost-effective and quick mechanism for the settlement of commercial
disputes. The 1996 Act covers both domestic arbitration and international commercial
arbitration.
Arbitration is the mechanism to settle disputes between parties to a contract, determined
in a quasi-judicial manner. The Arbitration and Conciliation Act 1996 provides legal frame
work for settlement of disputes by mutual settlement outside the court. Central
Government may make rules for carrying out the provisions of this act subjected to the
approval of the Parliament. Arbitration is an arrangement agreed upon by the parties
concerned to refer the disputes to a third party for settlement. The arbitration tribunal can
be a panel of arbitrators or a sole individual. Any written document or a clause in a
contract for referring the dispute to arbitration shall be an arbitration agreement. The
parties to the contract will decide the constitution of arbitration tribunal and mode of
appointment as laid down in the contract agreement.

(Note :Generally Arbitration arises out of a Contract in which it is mentioned as one of the
ways of resolving the dispute before or instead of going directly to the Court. The whole
procedure as to how many Arbitrators shall be there to decide and resolve the said
dispute, what laws shall govern this arbitration proceeding (the 1996 Act, or some foreign
law of any other nation), in what language the proceedings shall occur, at what place
this proceeding shall occur and how the cost is to be borne upon by the parties is already
mentioned in this clause of the contract)

Arbitration Agreement

An agreement by the parties to submit to arbitration all or certain disputes which have
arisen or which may arise between them in respect of a defined legal relationship,
whether contractual or not. Interim Measures by Court

appointment of a guardian for a minor or person of unsound mind for the purposes of
arbitral proceedings.
protection in respect of preservation, interim custody or sale of any goods which are
the subject-matter of the arbitration agreement.
securing the amount in dispute
the detention, preservation or inspection of any property or thing which is the subject-
matter of the dispute
interim injunction or the appointment of a receiver;
Any other interim measure of protection as may appear to the Court to be just and
convenient

In general, the arbitration agreement provides the basis for arbitration. It is defined as an
agreement to submit present or future disputes to arbitration. This generic concept
comprises two basic types:

a) A clause in a contract, by which the parties to a contract undertake to submit to

arbitration the disputes that may arise in relation to that contract (arbitration clause);
or
b) An agreement by which the parties to a dispute that has already arisen submit the
dispute to arbitration (submission agreement).
The arbitration clause therefore refers to disputes not existing when the agreement is
executed. Such disputes, it must be noted, might never arise. That is why the parties may
define the subject matter of the arbitration by reference to the relationship out of which it
derives.
The submission agreement refers to conflicts that have already arisen. Hence, it can
include an accurate description of the subject matters to be arbitrated.
Some national laws require the execution of a submission agreement regardless of the
existence of a previous arbitration clause.

In such cases, one of the purposes of the submission agreement is to complement the
generic reference to disputes by a detailed description of the issues to be resolved.
All disputes shall be referred to and settled by the architect who then states his decision in
writing .Such decision may be in the form of a final certificate or otherwise. The decision of
the architect with respect to any of the excepted matters shall be final and without
appeal. If the decision of the architect is not acceptable to either party. a notice shall be
given within 28 days after receiving the notice of the decision.

The disputes or differences shall be referred to sole arbitration of a fellow of Indian Institute
of Architect mutually agreed by the parties. In case of disagreement .each party shall
appoint one architect (Fellow of IIA) and both the arbitrators select anumpire .They shall
have the power to open up, review, and revise any certificate ,opinion, decision
requisition or notice excepted matters. The arbitration shall be conducted as per the Act
in force. (The Arbitration and Conciliation Act 1996)

Arbitration is a popular form of alternative dispute resolution that is used by many

individuals and businesses to resolve disagreements in place of pursuing a lawsuit.
Knowing the role an arbitrator plays will help you understand the process and be more
effective if you participate in arbitrations.

Definition and Role of an Arbitrator

An arbitrator reviews testimony and evidence presented by the disputed parties at a

hearing and resolves the dispute by issuing a decision that may include an award of
money. You can think of an arbitrator as a private judge hired by the disputing parties to
resolve their dispute.
If the arbitration is binding, the parties cannot seek a reversal of the decision in court
except under very limited circumstances. However, the successful party can seek help
from a court in enforcing the arbitrator's decision.
An arbitrator serves as the decision-maker and 'referee' in an arbitration proceeding,
much like a judge during court litigation. The arbitrator is bound by the rules outlined in the
parties' arbitration agreement. If he is a member of a special arbitration organization,
such as the American Arbitration Association, he will be bound by the rules of that
organization as well, including a set of ethical rules.

An Arbitrator's Duties
An arbitrator has several duties. Among them are: Interpreting and applying the rules and
laws applicable to the arbitration.
The applicable rules should be outlined in the arbitration agreement.
The parties may also designate a particular state's law to govern the dispute in the
arbitration agreement.
Managing the scope of discovery that can be undertaken by both parties.
Discovery is a formal process of investigation to determine facts relevant to the dispute.
The investigation can include taking witness statements and reviewing documents
required to be disclosed by the other disputing party.
Conducting the arbitration hearing in which both sides of the dispute may submit
testimony, other evidence such as documents, and arguments.
Each side's position may be summarized in a written document, often called a statement
of the case, and
be submitted to the arbitrator to review as part of the hearing process.
Making a decision resolving the dispute based on the testimony, evidence and arguments
submitted by both sides of the dispute.
A decision may include granting an award of money.

Arbitration Award
The arbitral award is issued under the signature of all or majority of arbitrators on the basis
of the decision or stating it as mutually agreed upon by the parties.
Signed copy shall be delivered to all parties. The award is binding on all the parties. Award
is enforceable as if it were a decree of the Court. (A written settlement by the parties to a
litigation, in the form of a decree signed by the judge)

The Arbitration and Conciliation Act, 1996

The 1996 Act, which repealed the 1940 Act, was enacted to provide an effective and
expeditious dispute resolution framework, which would inspire confidence in the Indian
dispute resolution system, attract foreign investments and reassure international investors in
the reliability of the Indian legal system to provide an expeditious dispute resolution
mechanism.
The 1996 Act has two significant parts – Part I provides for any arbitration conducted in
India and enforcement of awards there under. Part II provides for enforcement of foreign
awards. Any arbitration conducted in India or enforcement of award there under
(whether domestic or international) is governed by Part I, while enforcement of any
foreign award to which the New York Convention or the Geneva Convention applies, is
governed by Part II of the 1996 Act.
The 1996 Act contains two unusual features that differed from the UNCITRAL Model
Law. First, while the UNICITRAL Model Law was designed to apply only to international
commercial arbitrations, the 1996 Act applies both to international and domestic
arbitrations. Second, the 1996 Act goes beyond the UNICITRAL Model Law in the
area of minimizing judicial intervention.
The changes brought about by the 1996 Act were so drastic that the entire case law built
up over the previous fifty-six years on arbitration was rendered superfluous. Unfortunately,
there was no widespread debate and understanding of the changes before such an
important legislative change was enacted. The Government of India enacted the 1996
Act by an ordinance, and then extended its life by another ordinance, before
Parliament eventually passed it without reference to a Parliamentary Committee—a
standard practice for important enactments. In the absence of case laws and general
understanding of the Act in the context of international commercial arbitration,
several provisions of the 1996 Act were brought before the courts, which
interpreted the provisions in the usual manner.
The Law Commission of India prepared a report on the experience of the 1996 Act
and suggested a number of amendments. Based on the recommendations of the
Commission, the Government of India introduced the Arbitration and Conciliation
(Amendment) Bill, 2003, in Parliament for amending the 1996 Act. It has not been
taken up for consideration. In the meantime, Government of India, the Ministry of
Law and Justice, constituted a Committee popularly known as the ‗Justice Saraf
Committee on Arbitration‘, to study in depth the implications of the
recommendations of the Law Commission of India contained in its 176th Report and
the Arbitration and Conciliation (Amendment) Bill, 2003. The Committee submitted its
report in January 2005.

1. Arbitration in the construction industry

Construction/infrastructure is one of the fastest growing sectors of the Indian

economy, and millions of dollars are spent in construction related disputes. According to
a survey conducted in 2001 by the Construction Industry Development Council, the
amount of capital blocked in construction sector disputes was over INR 540,000
million.18 Ad hoc arbitration is still very popular in the construction industry.
Arbitration in the construction industry has a unique feature, which is quite distinct
from the general arbitration practice seen in other industries.

1.1 Unique Features of Arbitration in the Construction Industry

In the standard forms adopted by the government departments like the Central
Public Works Department (CPWD), Military Engineer Services (MES), railways and
public enterprises, although an arbitration clause may include within its purview all the
possible disputes relating to the transaction, there are exemption clauses or exclusion
clauses that make the decision of an authority named in the agreement, final and
binding on the parties. These clauses are included, because in construction contracts,
situations arise for which immediate decisions on a point of difference or dispute is
required to avoid costly delays. In these situations, the ‗excepted matters‘ or
‗exclusion clauses,‘ make the decision of a particular authority final and binding on both
the parties, and not subject to arbitration.

There has been a series of judicial decisions, which have held that if a particular matter
has been excluded from the purview of arbitration incorporating excepted matter
clause/exclusion clause, the same shall not be re-agitated in arbitration. In Food
Corporation of India vs. Sreekanth 1 Transport, the Supreme Court held that
‗excepted matters‘ do not require any further adjudication, since the agreement
itself provides a named adjudicator, and concurrence by the parties to the decision
of the named adjudicator is obviously presumed by reason of unequivocal acceptance
of the terms of the contract of the parties.

‗Exception‘ can also operate differently. There may be certain clauses in the
contract which empower either the engineer-in-charge or the consultant to take an
on-the-spot decision regarding points of difference between the builder and the
employer. Such clauses also provide a right of appeal to a superior officer within a
particular time, and impose a liability on the officer to give a decision within a stipulated
time. The clause further provides reference of the matter to arbitration, in case one of the
parties is not satisfied with such decision, or if the officer does not render a decision.
However, the provision expressly provides that if none of the parties opt for the
choice to refer the matter to arbitration within the time limit thus prescribed, the decision
last rendered shall be treated as final and binding upon both the parties.

1.2 Dispute Review Board in the Construction Industry

The concept of a Dispute Review Board (DRB) is quite common in the construction
industry. The DRB is a panel of three experienced, respected and impartial reviewers.
The DRB is organized before construction begins and meets periodically at the job site.
The DRB members are kept abreast of the developments and progress in the job,
and made familiar with the project procedures and the participants, and are provided
with the contract plans and specifications.
The DRB meets with the employer and the contractor representatives during regular site
visits, and encourages the resolution of disputes at the job level. The DRB process helps
the parties to solve problems before they escalate into major disputes.
The proceedings of the DRB can be brought as evidence before an arbitral tribunal or
other judicial forum. The board members could also be presented as witnesses.
Recommendations made by the three experts known for their reputation, accepted
by both the parties at the start of the work as neutral persons and having thorough
knowledge of the project will not normally be changed by any such tribunal. It would
therefore become difficult to go against the tribunal. On this consideration, due
acceptance is given to the system worldwide, and almost no case goes up to arbitration.
The statistics up to the year 2001 indicate that there were 818 projects with DRBs valued
at US $ 41 billion; and that during that year, 1221 disputes were settled by the DRBs, and
out of 1038 recommendations made, only 31 were taken by the parties to the
arbitral tribunal.

1.3 Specialized Arbitral Institutions in the Construction Industry

In India, substantial sums amounting to several crores of Indian rupees (INR) are locked
up in contractual disputes in the construction sector alone. Therefore, the
construction industry felt the need to introduce new measures to resolve disputes in a fair,
speedy and cost-efficient manner. Due to such requirements, the Construction Industry
Development Council, India (CIDC), in cooperation with the Singapore International
Arbitration Centre (SIAC), set up an arbitration centre in India called the
Construction Industry Arbitration Council (CIAC). This type of institution-administered
arbitration has clear advantages over ad hoc arbitrations for construction
companies, public sector undertakings and government departments that have
construction contracts.
 UNIT.4
TENDER & CONTRACT
TENDER
It is an invitation from the owner to the contractor to execute some work atspecified cost
in specified time. It is published in the form of tender notice in news papers, notice boards,
gussets, etc.according to the cost of works.

Classification of tenders:-
1. Open tenderʹ An oral talk or written document between the Engineer and the
Contractor for certain small jobs to be performed. Sometimes it is advertised.
2. Sealed tender - Invited for important or huge projects; wide publicity is given; always
written documents are made.
3. Limited tender - Only a selected no. of contractors are invited to quote their rates
4. Single tender - Invitation is given to only one firm to render a service by quoting their
rates. If the quoted rates are high, it will be negotiated to the agreement of the
contract.
5. Rate contract - usually adopted for supply of materials, machine, tools & plant, etc.
(items to the store). It specifies the supply at a fixed rate during the period of contract.
The quantities are not mentioned in type of contract and the contractor is bound to
accept any order which would be placed before him.

Tender Form

• Tender form is printed standard form of contract giving standard conditions of contract,
general rules and directions for guidance of contract.
• there is also a memorandum for giving
1) general description of work
2) Estimated cost
3) earnest money
4) security deposit
5) time limit in months
6) column for signature of contract before submission of tender, signature of witness to
conƚracƚor͛Ɛ signature and signature of the officer by whom accepted.
• The price of the tender form is given on the form.

Tender Documents

• The notice inviting tenders is a standard approved form of a department

• Schedule of quantities of work to be done and materials, tools and plants to be supplied
by the department if any
• Complete specification of work
• One set of approved drawings where necessary
• All the documents are signed by the contractor page by page, forwarding
letter head of a contractor with blank (or other form of earnest money) are put in closed
cover.
• Then the cover is closed and dropped on the tender box within the time limit for
tender.
• The name of the work and the name of the contractor are mention on the cover.
Information to be given in a tender notice :-

1. Name of the department inviting tender

2. Name of work and location
3. Designation of officer inviting tender
4. Last date and time of receipt of tender
5. Period of availability of tender document
6. Cost of tender document
7. Time of completion and type of contract
8. Earnest Money Deposit to be paid
9. Date, time and place of opening the tender
10. Designation of the officer opening the tender

Information to be given in a tender document:-

1. The notice inviting tender in specified form like PWD 6

2. Layout plan, location of work
3. Division in which location is situated
4. Schedule of quantities of work
5. Nearest road/railway link
6. Set of drawings including working drawings
7. Availability of materials in the vicinity
8. Detailed specifications or reference to standard specifications for each item of work
9. Complete architectural and structural drawings10. Schedule of tools & plant and other
facilities to be made available by the owner, indicating the conditions, hire charges
and place of delivery
11. Rate of supply of power and the point of supply
12. Location of water supply point
13. Time for completion and the progress to be made at intervals of time
14. Conditions regarding employment of technical personnel
15. Weather conditions in the area
16. Amount of EMD and the form in which it is to be paid
17. Insistence on Income tax and sales tax clearance certificate
18. Amount of Security deposit to be paid/ deducted from running bills of contractors
should be notified in the tender call notice
19. Mode of payment for work done
20. Penalty conditions for slow progress and delay in the completion of work
21. Designation of arbitration authority in case of disputes

QUOTATION
• For small jobs, the owner/engineer gives an offer to the contractor for quoting rates for
works and supplies required.
• No EMD is required with a quotation.

EARNEST MONEY DEPOSIT

• It is the amount of money to be deposited along with the tender document to the
department by the contractors quoting a tender. This money is a guarantee against the
refusal of any contractor to take up the work after the acceptance of his tender. In
case of refusal, this amount is forfeited.
• EMD of contractors whose tenders are not accepted will be refunded.
• 1% - 2% of the estimated cost of work is the Earnest Money Deposit.
SECURITY DEPOSIT

• Security deposit is the amount the contractor has to deposit with the owner before
awarding a work, after his tender is accepted. This amounts to generally 5% to 10% of
estimated cost of the project and is inclusive of the EMD already deposited by the
contractor along with the tender. This will be refunded to the after the completion of
the project. No interest is paid on SD.
• The contractor has to fulfill all the terms and conditions laid down in the contract and
maintain quality and speed satisfactorily. If he fails to do so, a part or whole of the SD is
forfeited by the department. If there is any fault in the construction and the contractor
refuses to demolish and reconstruct then the department will carry out that work using
the SD.

THE APPLICATION SHOULD CONTAIN THE FOLLOWING DOCUMENTS:

1. Current income tax certificate

2. Work certificates for all the works performed during the last three years and those in
progress
3. Solvency certificate for an appropriate amount
4. Attested copy of deed of partnership and power of attorney on stamp paper if needed
5. Undertaking for employment of the Class I & II staff
6. Application in duplicate with all documents
7. Attested photos of all the partners if any

• Refund of deposits: The money is deposited under the concerned head of account.
• They will be refunded to the contractor within 6 months after the completion of work
after satisfying the rectification of defects if any.

Opening of tender
• All the tenders should be sealed and submitted to the respective officer, before the time
and date as mentioned in the tender note.
• At the described date, time and place all the received tenders will be opened in the
presence of intending tenderers or their authorised agents.
• The rates quoted by the various tenders shall be read out by the officer.

Scrutiny of tender
• After tender have been opened, a comparative statement is prepared in the office of
the tender opening authority and signed by him.
• Then compare the rates of various tenders in respect of each item against the estimated
rate.
• Verify whether contractor has agreed to all the tender conditions.

Acceptance of tender
• Based on the comparative statement, usually the lowest tender is accepted, while
accepting the tender, the tender accepting authority shall satisfy the following
regarding the tenderers.
1) the financial capacity of each tenderer.
2) capacity to do the work
3) past record as contractor such as experience,
procurement of labourer etc.

• For valid reason, a tender other than the lowest can be accepted . The fact is to be
recorded with full reasons. A report on this to be submitted to the next higher authority.
A suitable reason is also mention in the comparative statement. The tender accepting
authority himself has to sign the comparative statement and record his remarks.
• Two tenders have quoted the same lowest rates,
• When all the tenderers have quoted abnormally high rates,
• Sometimes only one tenderer may respond to the tender call.

CONTRACT
• For a CONTRACT to be valid, there must be an offer rom the owner in the form of tender
notice to get some specified work to be executed and there must be an acceptance
from the contractor to execute the work, both the offer and the acceptance must be
definite and legal.

CONTRACT DOCUMENTS

When the tender of a contractor is accepted, an agreement between the contractor

and the owner takes place and the documents defining the rights and obligations of the
owner and the contractor are attached to the agreement bond and this is called a
contract document. Each page of the contract document bears the signature of
the contractor and the accepting authority and any correction in it is initialed.

The contract document must contain

1. Title page ʹ name of work, name of owner, name of contractor, contract agreement
no., contents, etc.
2. Index page ʹ contents of the agreement with reference pages
3. Tender notice ʹ brief description of work, estimated cost of work, date and time of
receiving tender, amount of EMD and security deposit, time of completion, etc.
4. Tender form ʹ the bill of quantities, contractor's rate͕ total cost of work, time of
completion, amount of security deposit, etc.
5. Schedule of issue of materials ʹ list of materials to be issued by the owner/department to
the contractor with the rates and place of issue.
6. Drawings ʹ complete set of drawings including plan, elevation, sections, detailed
drawings, etc. all fully dimensioned.
7. Specifications ʹ
(a) General Specifications which specify the class and type of work, quality of materials,
etc.
(b) Detailed specifications ʹ detailed description of each item of work including material
and method to be used along with the quality of workmanship required.
8. Conditions of contract
a) Rates of each item of work inclusive of materials, labour, transport, plant/equipment
and other arrangements required for completion of work
b) Amount and form of earnest money and security deposit
c) Mode of payment to contractor including running payment, final payment and refund
of security money, etc.
d) Time of completion of work
e) Extension of time for completion of work
f) Engagement of sub contractor and other agencies at contractor's cost and risk
g) Penalty for poor quality and unsatisfactory work progress
h) Termination of contract
i) Arbitration for settlement of disputes
9. Special conditions ʹ depending upon the nature of work taxes and royalties included
in the rates, labor camp, labor amenities, compensation to labor in case of accidents,
etc.
10. Deed of pledge.
 UNIT.5
VALUATION & RENT
 VALUATION

Valuation is an art of judgment based on experience and relevant statistical data to

forecast the value of a property at present.
Valuation is needed for wealth tax, municipal taxation, etc
The estimated value of property depends upon its power to serve
man’s need, location, amenities, purpose and supply and demand
of a property type.
It continuously varies with age, physical state and characteristics

Terms used in Valuation

Cost
It is the amount of expenditure incurred to produce or acquire a commodity having a
value. To this cost of Product, agents’ commission and stamp duty etc. is also added.

Value
Value is the price estimated to be realized in a sale proceed between a willing buyer and
willing seller.

Value
In order to have value for commodity, it should posses the following three essential
characteristics;
a) It must possess utility.
b) It must be scare.
c) It must be marketable or transferable.
In the absence of any one of above qualities, the commodity may not have any value.
For eg. Rotten Mangoes though scarce do not have any value because they have no
utility. On the other hand Land has got value because it satisfies all above essentials.

Value also depends upon outside factors such as:

Location of Property
Time
Supply and Demand Condition

Terms used in Valuation

Price
It is the cost of commodity fixed depending upon the demand
from consumers as compared to their other wants, and for sale
purpose taking into account its utility, durability, cost of production, satisfaction and the
extent to which it is scare.

Book Value
It is an original investment shown in the account books of a company on its assets
including properties and machineries, less any allowance for the period passed. It will be
reduced year to year depending upon depreciation and will be only scrap value at the
end of the utility period.
Assessed Value
It is the value of the property recorded in the register of local authority and used for the
purpose of determining the various taxes to be
collected from the owner of the property.

Replacement Value
value of a property or its services calculated on the prevailing market rate to replace the
same.

Rateable Value
net annual letting value of a property obtained after deducting the amount of yearly
repairs from the gross income. Taxes are charged on rateable value of property,

Potential Value
inherent value got by property such as land. Such value may go on increasing due to
passage of time or can fetch more return if used for some alternative purpose.

Distress Value
value at which property is sold at lower price than that of open market due to difficulties
of vendor.

Annuity
Annual periodic payments for repayment of the capital amount invested.

Obsolescence
Sometimes a building though physically quite sound yet it becomes outdated because of
change in design pattern, fashions living habits of its inhabitants and thus it loses its
functional utility. This is knows as Obsolescence. It is very difficult to predict obsolescence.
Loss due to natural calamities are included in Obsolescence.

Scrape Value
After a property losses its utility, the value of dismantled material less the cost of demolition
is known as Scrape value.

Salvage Value
It is the value at the end of the utility period without being dismantled.

Gross Income
It is the total revenue realised from a property either as rent or lease money during a year.
The out goings and collection charges etc are not deducted.

Out-going
expenses incurred to maintain the property by undertaking periodical repairs. It also
includes taxes levied by the Govt. or local body on that property. Sinking fund, insurance,
etc.

Net Income:
net amount left with the owner after deducting outgoings from gross income.
Net income = Gross income – Out goings.

Capitalised Value
amount of money whose interest at the highest prevailing rate of interest will be equal to
the net income or net return in perpetuity (for specific period).
Capitalised value = Net return * Year’s Purchase.
For eg. Let annual rent =Rs 3500
Highest rate of interest = 8%
Capitalized value =3500*1/(8/100)= Rs 43750.

Return Frontage
Plots situated at junction of two roads having the frontage on these two roads are said to
have return frontages. Such plots usually have more monetary value than other plots in
the same area .

Reversionary value of Land

It is present consideration for the full value of land obtainable after the specified period is
over.

For Eg. Let life of building = 30 yrs.

Present value of land = Rs.50,000/-
The person interested will get the said Rs 50,000/- after 30 yrs has passed.
Now if he wants its value at present then he gets Rs 15500 which if invested at present in
some securities at 4% compound interest will amount to Rs 50,220/- in 30 yrs.

Rent
annual or periodic payment made by the tenants for use and possession of land and
buildings.

Rental Value
It is the rent which may reasonably be expected to be obtained in the open market.

Ground Rent
When a piece of land had been leased out, the rent reserved under the lease is k/a
ground rent

Contractual Rent
Rent fixed between the land lord and the tenant by negotiations.

Standard Rent
Rent which would be permissible under the law to be charged from a tenant.
Purpose of Valuation and Principles of Valuation
Purpose of Valuation

Valuation is done for Following Purpose:

For Buying or Selling: valuation of the property is always done both by the seller and
prospective buyer so as to arrive at a reasonable price.
For Mortgage, Security of loans etc: While advancing any sum of money on the
mortgage or security of a property, the mortgager
Determination of Rent: Valuation of property is also done to work out the amount of fair
rent of a building etc., especially when it is requisitioned by the government or semi
government organization.
Assessment of tax: The value of the newly built property for the purpose of assessing the
amount of expenditure incurred is determined by incometax authorities so as to ensure
that the expenditure commensurate with the known sources of income of the owner.
Similarly, to determine property tax, house estate duty, gift tax, etc, valuation of property is
done before levying these taxes.
Acquisition: Sometimes property is compulsorily acquired by the government. Hence
valuation of property has to be carried out for paying compensation to the owner.
Other purpose:
Similarly there are many other occasions, when the probable value of the property is
required. Such as:
• Insurance against fire of a building
• Compensation for any lose due to war, earthquake etc.
• Borrowing Money from Insurance Company, Bank or such other Institution.
• Auction Bids

Principles of Valuation

Following Principles should be observed at the time of evaluating a fair and reasonable
value of property.
1. Cost depends upon supply and demand of the property.
2. Cost depends upon its design, specifications of the materials used and its location.
3. Cost varies with the purpose for which valuation is done.
4. In valuation, a vender must be willing to sell and so the purchaser willing to purchase
5. Present and future use of any property should be given due weightage in valuation.
6. Cost analysis must be based on statistical data as it may sometimes require, evidence in
a Court of law.

Factor affecting the value of the Property

1. Supply and Demand (Market Conditions) Basically the value of a property is

determined by supply and demand.
For eg: plentiful supply of a commodity and little or no demand, lower the value of
commodity, whereas, if there is little supply and a great demand, higher the value of
property.
In the property market the supply of property is relatively fixed at any one time. In order
to increase the supply, more properties need to be built. However, this process takes
time. Demand, in contrast, can change relatively quickly. Therefore property values
tend to be influenced by demand rather than supply.

2. Location
Property proximity to public transportation, train stations, shopping facilities, schools,
etc., plays an import factor in determining your property’s market value. Every area has
a high end and a low end. The market value of your property is affected by that reality.
People that purchase homes in “lower end” areas expect to pay less than they would if
they bought the same home in a “higher end” neighbourhood.

3. Features
One of the key factors in property’s value is the features it provides. For example, some
house styles are more popular with buyers than others. The age and size of your home
compared to other available properties also plays a part in affecting your home’s
value.

4. Condition
The value of Property also depend upon its condition and its functional utility. For eg: A
home in immaculate condition has a much higher potential for a top dollar sale than
one that is lacking the most basic routine maintenance.

5. Property Improvements
Property improvements are unquestionably important factors that affect the property
value.
For eg: Improvements like room additions, bedrooms, bathrooms, kitchens and other
items like floor tiles, swimming pools, etc., can increase the value of your home.

6. Age
The age of a property can be a factor in value. If a property has historical connections,
it can make it more valuable and imperfections such as uneven walls and sloping floors
that would not be tolerated in a new property would perhaps be seen as quaint and
charming. Some older properties may need more maintenance and repairing than a
modern property and a newer property would meet all the latest up to date regulations
thus increasing its value.

7. Seller Motivation
Seller motivation is also a major factor which affects the offer price made by the buyer.
For example, if you bought a home in a new area you may be willing to accept a lower
price to quickly complete the sale your current house.

8. Marketing
The marketing plan that your agent executes on your behalf will determine the amount
of interest that is shown in your property. Your agent’s level of skill and expertise in the
 negotiating process will affect the amount of money you’ll be able to get for your
Property.

Value Classification (spranger’s classification)

• Theoretical value – mathematical value worked out for the property

• Economical value - is a measure of the benefit that an economic actor can gain from
either a good or service & is generally measure in terms of currency.
• Social and Cultural value-
• Aesthetic value
• Political value
• Religious Value

There are several types and definitions of value sought by a real estate appraisal. Some of
the most common are:

• Market value - The price at which an asset would trade in a competitive Supply and
Demand setting. Market value is usually interchangeable with open market value or fair
value.
• Value-in-use, or use value – The net present value (NPV) [4] of a cash flow that an asset
generates for a specific owner under a specific use. Value-in-use is the value to one
particular user, and may be above or below the market value of a property.
• Investment value - is the value to one particular investor, and may or may not be higher
than the market value of a property. Differences between the investment value of an
asset and its market value provide the motivation for buyers or sellers to enter the
marketplace.
• Investment value - the value of an asset to the owner or a prospective owner for individual
investment or operational objectives.
• Insurable value - is the value of real property covered by an insurance policy. Generally it
does not include the site value.
• Liquidation value - may be analyzed as either a forced liquidation or an orderly liquidation
and is a commonly sought standard of value in bankruptcy proceedings. It assumes a
seller who is compelled to sell after an exposure period which is less than the market-
normal time-frame.

Sinking Fund

• It is the fund which is built up for the sole purpose of replacement or reconstruction of a
property when it loses its utility either at the end of its useful life or becoming obsolete.
• The fund is regularly deposited in a bank or with an insurance agency so that on the expiry
of period of utility of the building, sufficient amount is available for its replacement.
• The calculation of Sinking Fund depends upon the life of a building as well as upon the
rate of interest and it is generally calculated on 9/10 of the cost of construction as the
owner will get 10% as scrape value of the building when the life of the building is over.
• The amount of instalment of Sinking Fund can be
worked out as under:

Example 1
The sinking fund amount of a property is estimated to Rs 50,000 whose future life is 20 yrs.
Find the yearly instalment of sinking fund of sinking fund which should be set aside @ 5%.

Solution:
Coefficient of sinking fund installment
Depreciations

• It is defined as the gradual decrease in the value of a property because of constant

wear, tear and decay etc.
• The rate of depreciation depends upon the longivity of utility period neglect of
maintenance etc of a property.

• Method of Depreciation Calculation

A. Straight Line Method

a fixed amount of original cost is lost every year and is deducted from the original cost
as long as the useful service life and salvage value remain unchanged. Thus at the end
of the utility period only the salvage value remains.
Annual Depreciation (D) = (Original cost – Salvage value)/life of years

Depreciations
D = (C-V)/n
Where,
D = yearly depreciation value
C = Original cost
V = Scrap or salvage value
n = Utility period of life of property in years.
The book value after number of years, say n1 years = Original Cost – n1 *D

Example 3
A person purchased a property for Rs. 20000. Assume that its net salvage value after 30
yrs will be 2000. Determine amount of depreciation each year considering it to be
uniform.
Solution :
Annual Depreciation ‘D’ = (C-V)/n
=(20000-2000)/30
=600 per year

Example 4
The total cost of machinery including the installation charges in a factory is Rs 120000.
Calculate the depreciated cost of the above after 15 years. The salvage value is Rs
8000. The span of life is 40 yrs.

Solution:
Cost of machinery ‘C’ = Rs 120000
Salvage value ‘V’ = Rs 8000
Annual Depreciation ‘D’ = (C-V)/n = (120000-8000)/40
= Rs 2800
Depreciation for 15 years = 2800*15 = Rs 42000
Depreciated cost of the machinery after 15 years = 120000-42000
= Rs 78000

B. Sinking Fund Depreciation Method

In this method the depreciation of a property is assumed to be equal to the annual
sinking fund and compound interest there on upto that date. The exact amount to be
set aside for the purpose of reinvestment in the form of depreciation is calculated in
such a way that by depositing the same at compound interest it will amount to fixed
capital at the end of specified period.
The annual sinking fund to provide for Re 1 in n years
= R/[(1+R) n -1]
Where, R = rate of interest at which sinking fund amount is required to be invested.
• Year Purchase (Y.P)
- The capitalize value which needs to be paid once for all to receive a net annual
income of Re 1 by way of interest at the prevailing rate of interest in perpetuity
(i.e for an indefinite period) or for a fixed no. of days.
* Suppose the rate of interest is 5% per annum.
One has to deposit Rs 100 to get Rs 5 per annum
Now, to get Re 1 he has to deposit 100/5 = Rs 20 per annum
- Therefore, YP = 100/ rate of interest =1/R
In case of life of property is anticipated to be short and to account the accumulation
of sinking fund and interest on income of the property to replace capital, the year’s
Purchase is suitably reduced.
- Years Purchase (Y.P) = 1/ (R+Sc)
Example: Calculate the value of years purchase for a property if its life is 20 yrs and the
rate of interest is 5%. For sinking fund the rate of interest is 4.5%

solution
Here, R=5%, R1 = 4.5%
Y.P =1/(R+Sc)
Coeff. Of sinking fund (Sc) = R1/((1+R1) n -1) =0.0319
Y.P = 1/(.05+.0319)=12.21

Outgoings
• Repair:
- It includes various types of repair such as annual repair, special repairs, immediate
repair, etc.
- Amount to be sent on repairs is 10 – 15 % of gross income.
• Taxes
- Include municipal tax, wealth tax, income tax, property tax etc.
- Paid by owner of the property annually and are calculated on annual rental
value of the property after deducting the annual repairs 15 to 20% of gross
income.
Outgoings
• Sinking Fund
• Management and collection charges
- 5to 10% of gross income may be taken for this purpose
- For small building it may not necessary to considered it
• Loss of Rent
- As it may not be possible to keep whole of the premises fully let at all times, in such
cases a suitable amount should be deducted from the gross rent
• Miscellaneous
- These include: electrical charges for lighting, running lift, etc and are borne by the
owner
- 2 to 5% of gross rent is taken for these charges.

Note: If the outgoing are not given in the question and are to be assumed, the
following percentage may be taken for solving the problems.
i. Repair @ 10% of the gross income or rent
ii. Municipal taxes @ 20% of the gross rent
iii. Property tax @ 5% of gross rent
iv. Management and collection charges @ 5% of gross rent
v. Insurance premium @ ½% of gross income
 vi. Miscellaneous charges @ 2% of the gross rent.

Depreciation Method of Valuation

• According to this method the depreciated value of the property on the present day
rates is calculated by the formula:
D = P[(100 – rd)/100] n
Where,
D – depreciated value
P – cost at present market rate
rd – fixed percentage of depreciation (r stands for rate and d for depreciation)
n – The number of years the building had been constructed.
To find the total valuation of the property, the present value of land, water supply,
electric and sanitary fitting etc; should be added to the above value.

The value of rd can be taken as given in table below

Example:
a) the Present estimate of a building is Rs 200000. it is 20 yrs old and maintained in a
good condition. The life of the structure is assumed to be 80 yrs. Work out the present
value of the building for acquisition.
b) With the present value of the building calculate the standard rent, the rate of interest
may be assumed 6%.

Solution:
a) The depreciated value of the building is:
D= P*((100- rd)/100) n
Where,
D= Depreciate value
P = Rs 200000 (i.e Cost of a present Market Rate)
rd= 1 (assumed) – fixed percentage of depreciation (r stand
for rate and d for depreciation)
n=20
Therefore, D=163581.0
 b) Annual rent @ 6% = 163581*6/100
= 9815.0
Rent per Month or Standard Rent = 9815/12
= Rs 818.
Note: The value of rd may be taken as 1 for building having life 80 yrs.

Example 2
An RCC framed structure building having estimated future life 80 yrs, fetches a gross
annual rent of Rs 2220 per month. Work out its capitalized value on the basis of 6% net
yield. The rate of compound interest for sinking fund may be taken 4%.
The land Plot of above building measures 1400 sqm and cost of land may be taken to
be Rs.120 per sqm.

The other Outgoing are:

i) Repair and maintenance 1/12 th of the gross income.
ii) Municipal taxes and Property tax – 25% of gross income.
iii) Management and Miscellaneous charges – 7% of gross income

The Plinth area of the building is 800 sqm and plinth area rate of the above type of
building may be taken

Solution:
Gross income per year = 2220*12 =Rs 26640.
Outgoing Per Annum:
i) Repair and Maintenance 1/12 of Gross income = 26640/12 = Rs 2220
ii) Municipal taxes and property tax @ 25% = 26640*25/100 = Rs 6660
iii) Management and Miscellaneous charges @ 7% = 26640*7/100 = Rs 1864

Sinking fund Coeff. (Sc)=R/((1+R) n -1)

= 0.04/((1+0.04) 80 -1)
= 0.0018

iv) Sinking Fund Req to accumulate the cost of the building (which is at the rate of Rs
150 / sqm of plinth area = 800*150=Rs 120000 in 80 years @ 4% intrest
= 120000*0.0018= Rs 216.0
• Total Out going per annum = Rs 10960.8
• Net annual Return = 26640-10960.8 = Rs 15,679.20
• Capitalised value of the Building = Net income * YP
= 15679.20*100/6 = 261320
Cost of land @ Rs 120 per Sqm (1400*120) = Rs. 1,68,000.00
Total = Rs 429320.0
Total value of whole property = Rs 429320