Cinematograph Rules, 1935

Government Notice 179 of 1935

Citation: Government Notice 179 of 1935
Primary work: Films and Stage Plays Act
Date: 31 July 2002
Language: English
Type: Government Notice

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Subject areas
- Arts and Culture
- Communications and Media

Tanzania

Films and Stage Plays Act

Cinematograph Rules, 1935

Government Notice 179 of 1935

Published in Tanzania Government Gazette
Commenced
[This is the version of this document at 31 July 2002.]
[Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]

[G.N.s Nos. 179 of 1935; 113 of 1938; 204 of 1955; 415 of 1955; 302 of 1957; 98 of 1968; 5 of 1969; 241 of 1997]

Part I – Cinematograph permits (rules 1-3)

1. Citation

These Rules may be cited as the Cinematograph Rules.

2. Cinematograph permits

(1)Application for a cinematograph permit shall be made by filling on form A prescribed in the First Schedule to these Rules.

(2)A cinematograph permit shall be in Form B prescribed in the First Schedule to these Rules.

(3)The fee payable on the grant of a cinematograph permit shall be that prescribed in Item 1 in the Second Schedule to these Rules.

3. Fee for attendance of officer at making of film

The fee payable for the attendance of any officer at the making of the film for a cinematograph picture when such attendance is a condition of the grant of a cinematograph permit shall be that prescribed in item 2 in the Second Schedule to these Rules.

Part II – Theatre licences (rules 4-16)

4. Interpretation

In this Part unless the context requires otherwise—"cinematograph theatre" does not include a travelling cinematograph theatre;"Minister" means the Minister responsible for matters relating to cinematography;"open air theatre" means a place for cinematograph exhibition commonly known as a drive-in cinema;"travelling cinematograph theatre" means the place at which a cinematograph exhibition is to take place by means of apparatus which is designed to be, or is capable of being, moved from place to place and includes such apparatus.

5. Erection and equipment of cinematograph theatres

(1)Any person who desires to erect a cinematograph theatre shall furnish the licensing authority with such plans, sections and other drawings as may be required under any other Act for a permit to erect a building and shall show thereon, in addition to such information as may be required by the licensing authority—

(a)the proposed arrangements for the sitting of the audience, including the number, type and size of seats, the distance between rows of seats and the width of gangways, which shall be not less than four feet;

(b)the position, type and size of all doors and barriers, together with full details of the fastening thereof;

(c)the position and dimensions of all staircases and steps;

(d)the position and nature of all fire fighting apparatus, whether fixed or movable, including water hydrants;

(e)the position of the controls for the lighting of the theatre and external approaches; and

(f)the position and nature of all equipment for the artificial ventilation of the theatre.

(2)No alteration in the position of the essential equipment and furniture of the theatre as shown on the plans approved by the licensing authority shall be carried out without the prior approval in writing of such authority.

(3)Every door intended for use as a means of exit by the audience shall open outwards and shall be indicated by an adequately illuminated notice, bearing the word "EXIT" in six-inch block letters and the letters may be formed of obscured glass, but shall be capable of being read from the extremities of the hall during any performance when all other lights therein are extinguished.

(4)Every cinematograph theatre other than an open air theatre shall be equipped with such means of artificial ventilation as ensures the effective circulation of fresh air in and the effective extraction of stale air from the theatre, and where the licensing authority has, with the approval in writing of the Minister, so directed in respect of any theatre, such means of artificial ventilation in respect of such theatre shall include or consist of such air-conditioning equipment or installation of such number of air-conditioning units as may be considered by the licensing authority to be adequate for the purpose of providing artificial ventilation in the theatre and for the cleaning, cooling and dehumidifying of the air introduced into the theatre.

(4A)Every licensee shall ensure that every means of artificial ventilation installed pursuant to paragraph (4) effectively functions during every cinematograph exhibition or during such periods or exhibitions as the licensing authority may direct.

(5)In every cinematograph theatre the floor surface shall be constructed of such flooring material as the licensing authority may approve and the internal surface of the walls shall have a smooth finish.

6. Erection and equipment of travelling cinematograph theatres

Such of the provisions of rule 5 as are appropriate to the erection and equipment of a travelling cinematograph theatre shall apply thereto.

7. Operating chambers in cinematograph theatres

(1)The operating chamber in a cinematograph theatre from which the pictures are projected from one machine shall be not less than seven feet high from the floor to ceiling, seven feet wide and seven feet long the width being increased proportionately to the number of machines installed, and shall be constructed throughout of reinforced concrete at least nine inches thick, or of other fire-resisting material to the satisfactory flue not less than nine inches in diameter and shall be constructed of a material approved by the licensing authority and such flue shall be carried from the highest point of the operating chamber to reach the external air by the shortest route.

(2)The operating chamber shall be provided with a door constructed of approved fire resisting material not less than two feet wide and five feet ten inches high, constructed to open in such manner as may be approved by the licensing authority.

(3)All shelves, furniture and fixtures in any operating chamber shall be of approved fire resisting material.

(4)In the front wall of the operating chamber there may be openings not larger than necessary for effective projection and in no case larger than eight inches square, and not exceeding in number two for each machine and every such opening shall be provided with an automatic falling shutter of metal at least three-thirty-seconds of an inch thick, which, when closed, shall overlap the opening by at least one inch on all sides.

8. Operating chambers in travelling cinematograph theatres

The licensing authority may prescribe such conditions in regard to the construction and use of the operating chamber of a travelling cinematograph theatre as may be necessary to secure the safety of the operators and of the persons attending any cinematograph exhibition in such theatre.

9. Care of cinematograph films

In a cinematograph or travelling theatre—

(a)no film shall be stored except in a place approved for the purpose by the licensing authority;

(b)not more than two films shall be in the operating chamber at any one time, and no paper, cardboard or other inflammable material shall be kept therein;

(c)no film shall be rewound or repaired in any place other than the operating chamber or other place approved by the licensing authority for the purpose; and

(d)no film shall be removed from the operating chamber or such other approved place except in a closed metal box.

10. Smoking

In a cinematograph or travelling cinematograph theatre smoking or the use of any naked light shall not be permitted within the operating chamber or place approved for the storage of films and a notice to that effect shall be prominently exhibited therein and at the entrance thereto.

11. Operators

The holder of a theatre licence shall employ competent operators and may be required at any time to satisfy the licensing authority as to the competence of any operator employed in the theatre.

12. Fire practices, etc.

The holder of a theatre licence shall ensure that the employees at the theatre are conversant with their duties in the event of an outbreak of fire and that fire practice is held not less than once a month.

13. Public Health requirements

(1)The interior of every cinematograph theatre shall be decorated at least once in every period of twelve months and at such additional times as the licensing authority may, by notice in writing addressed to the holder of the theatre licence, require.

(2)All furniture in a cinematograph theatre which is not so constructed as to prevent the harbouring of vermin therein, shall be treated with a residual insecticide as often as may be necessary to eliminate vermin.

(3)All parts of a cinematograph theatre shall at all times be maintained in clean condition.

14. Provisions of this Part to be conditions of licences

The provisions of this Part shall be deemed to be conditions of every theatre licence so far as they relate to cinematograph theatres and travelling cinematograph theatres respectively.

15. Forms

(1)The form of application for a theatre licence for a travelling cinematograph theatre shall be in Form C prescribed in the First Schedule to these Rules.

(2)The form of theatre licence for a cinematograph or travelling cinematograph theatre shall be in Form D or Form E prescribed in the First Schedule to these Rules.

16. Fees

The fee for a theatre licence for a cinematograph or travelling cinematograph theatre shall be as prescribed in item 3 of the Second Schedule to these Rules:Provided that no fee shall be charged for a theatre licence in the case of a travelling cinematograph theatre used exclusively for films of an educational nature.

Part III – Film permits (rules 17-25)

17. Interpretation

In this Part—"Authorised Board" means a Board authorised under section 9(2) of the Act to grant film permits;"Board" means a Censorship Board appointed under section 9 of the Act;"child" shall mean a person who has not reached his 16th birthday;"Ordinance" means the Cinematograph Ordinance ¹;¹R.L. Cap. 230"performance" means one showing of a programme of cinematograph pictures.

18. Constitution of Boards

(1)The Board shall consist of a Chairman and such members as the Minister may appoint from time to time by notice in the Gazette:Provided that at any meeting of a Board in the absence of the Chairman, the Chairman of that meeting shall be appointed by the members present.

(2)A Board may appoint a Secretary.

(3)Three members shall form a quorum.

(4)All questions before a Board shall be decided by a majority of votes of the members present and voting, and in the case of an equality of votes the Chairman shall, in addition to his vote as a member, have a casting vote.

(5)A Board may seek the advice of communities or religious bodies whenever matters of special interest to such communities or bodies are under consideration by a Board.

19. Grant of film permits

A film permit may be granted subject to the following conditions—

(a)that it is valid for—

(i)such number of performances as may be stated therein; or

(ii)such period not exceeding four years as may be stated therein;

(b)that certain portions designated by the Board or the Territorial Censor shall be excised from the cinematograph picture to which the permit relates and shall not be exhibited to the public; and

(c)that no child, whether accompanied by an adult or not, shall be admitted to an exhibition of the cinematograph picture to which the permit relates.

20. Classification of cinematograph pictures

(1)An Authorised Board or the Territorial Censor, in granting a film permit shall classify the cinematograph picture to which that permit relates as being—

(a)"suitable for unrestricted public exhibition" for which the classification letter shall be (U); or

(b)"more suitable for adult audiences" for which the classification letter shall be (A); or

(c)"suitable for adults only" for which the classification letter shall be (X),

and where such cinematograph picture has been classified, the appropriate classification letter shall appear on all advertisements and on all posters relating to the cinematograph picture concerned and on a slide immediately preceding exhibition:Provided that, prior to the grant of a film permit, all advertisements and posters relating to the cinematograph picture shall, in lieu of such classification letter, bear the words "Subject to censorship".

(2)In cases where an application for a film permit has been made to a Board which is not authorised to grant film permits, the Board, in reporting to the Territorial Censor, shall recommend which, if any, of the classifications described in subrule (1) hereof should apply to the cinematograph picture in respect of which the application has been made.

21. Disclosure of previous applications

Any person making an application to a Board or to the Territorial Censor for a film permit in respect of a cinematograph picture for which an application for a film permit has previously been made to another Board or to the Territorial Censor, shall disclose that fact and the decision of the other Board or of the Territorial Censor.

22. Forms

(1)The form of application for a film permit shall be in Form F prescribed in the First Schedule to these Rules.

(2)The form of film permit shall be in Form G in the First Schedule to these Rules.

(3)The form of notification of refusal of a film permit shall be in Form H in the First Schedule to these Rules.

(4)The form of permission to alter or add to a cinematograph picture shall be in Form I in the First Schedule to these Rules.

23. Fees

The fees for a film permit and for a permit to alter or add to a cinematograph picture shall be as prescribed in Item 4 or Item 5 of the Second Schedule to these Rules, as the case may be.

24. Waiver of fees in certain cases

Where any person applies for a film permit for a cinematograph picture in respect of which a film permit was granted after the 7th day of May, 1951, under the provisions of the Cinematograph Ordinance but before the coming into force of the Cinematograph (Amendment) Ordinance, 1954, the Territorial Censor may in his discretion on the grant of a film permit waive the whole or any part of the fees payable therefor under these Rules.

25. Waiver of fees if exhibition for charitable, educational, trade, industrial, or public purposes

The Territorial Censor may in his discretion issue without a fee a film permit for one or more performances in respect of the exhibition of a cinematograph picture in any case where—

(a)the cinematograph exhibition at which such cinematograph picture is to be exhibited is to be given for any charitable, educational, trade or industrial, or public purpose; or

(b)the cinematograph exhibition at which such cinematograph picture is to be exhibited is to be given without gain or reward to any person directing, assisting or taking part in such cinematograph exhibition.

First Schedule

Forms

[Editorial note: The forms have not been reproduced]

Second Schedule

Fees

Item	Fees	Shs.	Cts.
1	On the grant of a cinematograph permit	200	00
2.	For the attendance of an officer at the making of the film for a cinematograph picture, per day or part of a day	40	00
3.	On the grant of a theatre licence—
	For a cinematograph theatre—
	where accommodation is provided for 300 persons or more:
	Annual licence	600	00
	Monthly licence	60	00
	Daily licence	10	00
	where accommodation is provided for less than 300 persons:
	Annual licence	400	00
	Monthly licence	40	00
	Daily licence	10	00
	For a travelling cinematograph theatre—
	where accommodation is provided for 300 persons or more:
	Monthly licence	60	00
	Weekly licence	15	00
	Daily licence	3	00
	where accommodation is provided for less than 300 persons:
	Monthly licence	40	00
	Weekly licence	10	00
	Daily licence	2	00
4.	On the grant of a film permit in respect of the exhibition of a cinematograph picture a charge at the rates laid down in the following table—

Table of fees

Size of film		Length of film	Rate
		Minutes	Shs.	Cts
(a)	Foreign Language Film	0-20	5,000	00
	0-30	7,000	00
	0-45	10,000	00
	0-60	12,000	00
	0-75	15,000	00
	0-90	18,000	00
	0-100	23,000	00
	0-150	26,000	00
	0-160	30,000	00
(b)	Kiswahili language Film produced locally	0-20	1,000	00
		0-15	3,000	00
		5-60	5,000	00
		0-75	7,000	00
		5-90	9,000	00
		0-120	10,000	00
		Over 120	10,000	00
A film exceeding three hours shall be charged 500 shillings for each additional minute

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History of this document

31 July 2002 this version

Consolidation

Cited documents 1

Act 1

1.	Films and Stage Plays Act	4 citations

Cinematograph Rules, 1935

Government Notice 179 of 1935

Collections

Cinematograph Rules, 1935

Government Notice 179 of 1935

Part I – Cinematograph permits (rules 1-3)

1. Citation

2. Cinematograph permits

3. Fee for attendance of officer at making of film

Part II – Theatre licences (rules 4-16)

4. Interpretation

5. Erection and equipment of cinematograph theatres

6. Erection and equipment of travelling cinematograph theatres

7. Operating chambers in cinematograph theatres

8. Operating chambers in travelling cinematograph theatres

9. Care of cinematograph films

10. Smoking

11. Operators

12. Fire practices, etc.

13. Public Health requirements

14. Provisions of this Part to be conditions of licences

15. Forms

16. Fees

Part III – Film permits (rules 17-25)

17. Interpretation

18. Constitution of Boards

19. Grant of film permits

20. Classification of cinematograph pictures

21. Disclosure of previous applications

22. Forms

23. Fees

24. Waiver of fees in certain cases

25. Waiver of fees if exhibition for charitable, educational, trade, industrial, or public purposes

First Schedule

Forms

Second Schedule

Fees

Table of fees

History of this document

31 July 2002 this version

Cited documents 1

Act 1

Documents citing this one 0