HOME DEPARTMENT CHANDIGARH ADMINISTRATION Notification | The 26% py 2016 No. Hml(s)/2016" 47,29 The Aciministrator, Union Tertitory, Chandigarh is pleased t issue the Policy called as “ Controlling of Places of Public Amusement, 2016, tf maintain law & order sittiation within the jurisdiction of Union Territory of Chandigarh, 4, Short Title and Application: - a) This policy shall be called the “Controlling of Places of Publle Amusement, 2046”. b) The Policy shall come into force on the day of issue of this notification. | 2. Definitions: In this Policy, unless there is anything repugnant in the subject or context:- a) “Policy” means the rules, terms and conditions as defined under the “Controlling of Places of Public Amusement, 2016"; | b) “Administrator” means the Administrator of the Union Territory Chandigarh, : ¢) “Chandigarh” means the areas within the limits of the Union Territory Chandigarh; d) ‘Nodal Offices” means the Office of District Magistrate, Chandigarh; e) “Nodal Committee” means the commitlee constituted for the purpose for issuance of permission certificate for places of public amusement and monitoring of operation of business thereof; | f) “Monitoring Committee" means the committee constituted for the purpose t monitoring of places of public amusement thereof; ‘ g) “President” means the Advisor to the Administrator, Union Territory, Chandigarh; i h) Chairman" means the District Magistrate, Union Territory, Chandigarh, i). "Observer" means the Sub-Divisional Magistrate of the concerned area | Chandigarh, i) “Inspector” means the officer or official appointed under the policy; k) ‘Place of Public Amusement’ means discotheque, pool game/ virtual reality gamelgame machine parlours, bowling alleys. This includes places where music, singing, dancing (excluding cinema) and facility of eating and consumption of Alcohol aro provided to the customers or patrons in tha prescribed premises/area with the purpose of running a commercigh enterprise for pecuniary gains; 1) “Vural Reality Games Parlour’ means computer aided games driven by & predesigned programme; ' _ sated ae| i m) “Game Machine” means any mechanical contrapuon or a macnine working on computer andor electronic chips having predesigned and/or programmed games; n) “Bowling Alley’ means an enclosure where a game or games of skittles are played; | 0) “Bouncers” means a person employed by a nightlub or similar establishment to prevent troublemakers and other unwanted people entering of to eject them from the given premisesiarea; ‘orm’ means the forms appendad to the Policy; ermission Certificate” means a document issued uncer the Policy and laid down provisions; 1) “Organiser” means and includes any person who is the promoter, manager, | secretary or any person connected in any other manner whatever with the organisation or management or company by whatever name called at the Places of Public Amusement or Entertainment and obtained the permission cettificate for operation of Business; Words and expressions used in the Policy and not defined in this Policy shall have the same meaning assigned to them under various Acts, Rules, Notifications & * Orders, as applicable in Chandigarh 3. Constitution of Committees: | The following committees shall be constituted with prescribed composition (A) Nodal Committee: The Nodal Commitee shall be responsible for recommendation for issuance of permission certificate for places of public amusement, monitoring of operation of business and for appropriate application of the Policy thereof. | The Nodal Committee shall meet at least once in a month, The Chairman reserves the rights to call an extraordinary meeting of the Committee on short notice. The minutes of the meeting shall be submitled to the President. ‘The Committeg shall comprise of the following a) District Magistrate Chairman b) Senior Superintendent of Police Member ' ) Commissioner Municipal Corporation! Member Representative d) Estate Officer Member i 9) Excise and Taxation Commissioner Member 1) Labour Commissioner Member g) Director Health Services Member hy One nominee by the President MemberMember Secretary, The Chairman, if for any reason is unable to attend a meeting of the Nodal Committee, any member nominaied by the Chairman irr this behalf shalll preside over the meeting. (B) Monitoring Committee: The Monitoring Committee shall be responsible for monitoring of operation of places of public amusement by way of inspection and shall report to the Chairman on monthly basis or as sought by the Chairman. - 6. ae Ine Cnaiman snan nominate any memper oF we woual Cornmuee as: The monitoring committee shall comprise of the following a) Sub- Divisional Magistrate (Area) Observer + b) Deputy Superintendent of Police (Area) Member c) Assistant Estate Officer/ Representative Member | d) Assistant Excise and Taxation Commissioner Member e) Assistant Labour Commissioner Member Food & Safety Officer Member g) One nominee by the Chairman - Member Obtaii a) Any organiser desirous to operate place of public amusement shall submit application on prescribed form, along with requisite documents to the Nodal g Permission Cortificate for Operation of Business: ' Office for the grant of permission cortiicate. b) The application shall be accompanied by a true copy of the licences obtained by the organiser from various Depariments such as Estate Office, Excise & Taxation, Labour, Health, Police etc. or any such document required under the applicable Rules /Acts/Notifications/Orders in Chandigarh. i ©) The application shall be accompanied by a building plan of the proposed site drawn to scale and shall clearly indicate the surrounding roads and buildings which exist up to a distance of the proposed place of amusement for operation of business i.e., educational institution, police station, hospitals, religious places should be clearly indicated in the plan. Grant of Permission Certificate for Operation of Business: a) On receipt of application, the Nodal Office, on being satisfied that all the requisite formalities or clearances from respective Departments have been obtained and complied with, shall forward the case to the Nodal Gommittee for necessary | consideration ! b) The Nodal Office shall obtain the concurrence of Nocal Committee for issuance + of Permission Certificate, within thirty days of receipt of the application. The non- issuance of permission certificate within thirly days shall enable the organiser to start the operation of business, till the Nodal Office takes any appropriate decision in the matter.ate ©) Grant of permission certificate tor operation 01 vusitap9, wires pear authority of the Nodal Office shall grant permission certificate for operation of rescribed form. business at the approved premises, as per the policy in pI @) ‘The validity of permission cartficate shall be up to 31° of March of the given year, unless eatlier revoked by any reason thereof, 6. Power of Refusal of Permission Certificate for Operation of Business: The Nodal Office may refuse issuance of fresh permission certificate or revoke the existing permission certificate for operation of business, iirespective of the facts that the organiser has obtained requisite permission from all the respective Departments, itit is considered: a) Tobe indecent or of a scurrilous character, b) To contain offensive reference to personalities; c) To wound the susceptibilities of any nation or followers of any religion, ) Tobe seditious or to be likely to excite political discontent, ! ) To promote hostile feelings between different classes; 1) Tobe calculated to cause a breach of the peace: | @) Any performance or game involving risk, damage or danger to the audience or public; hy Any exhibition or advertisement whether by way of posters or in the newspapers, photographs of scantily dressed women; j) The Nodal Office shall not be bound to stale the reason for refusing any permission certificate. 7, Suspension and Cancellation of Permission Certificate for Operation of Business: “The terms and conditions, as specified in the Policy shall be observed throughout the period for which the permission certificate for operation of business is granted and i al any stage, breach of any of the provisio1 be suspended on preliminary reports, tll su ns are reported, the said certificate is likely to ich time as deemed fit. The Nodal Committee shall conduct a regular enquiry in the matter | ‘Taking cognizance on receipt of detailed enquiry report submitted by the Noda provisions of the policy are established, the Nodal \der intimatioy Committee, wherein breach of the office shall cancel the permission certificate for operation of business, un to the related Departments for taking further action at their end, 8. Powers and Duties of the Committees: a) The Chairman/Observer or members of the Committees shall be given free isement by way of reservation of two seats in access to any place of public amu the highest class of accommodation for the purpose of monitoring the endoing activities in the given place. fos the tight to impose any other condition as and instances and future development in b) The Nodal Committee reserv wien required, subject to the changing circu technology.©) Ifanything calculated or likely to cause riot or breach oF peace, oF wy promise ur excite hostile feelings between different classes, or to wound the religious feelings of any individual or class of individuals, the Committees or its members ' (minimum two in number), during inspection, may recommend to stop the | operation of business to the Chairman. d) The committee shall ensure that no performance at places of public: amusement * shall be certified as suitable, which will lower the moral standards of those who see it, Hence sympathy of the audience shall not be thrown on the side of crime, j wrong-doing, evil or sin. e) The committee shall monitor that the standards of life shall not be so portrayed as to deprive the morally of the audience. {) The committee shall report if the prevailing laws are ridiculed as to oreate sympathy for violation of such Laws. 9, Fair Opportunity for Being Heard: In case of suspension or cancellation of permission certificate, as the case may be, the Nodal Office shall give the organiser a reasonable opportunity for defending hel case in person. 40. Appellate Authority: Where organiser Is aggrieved by any order of the Nodal Office under this policy, he may, within thiry days of the date of communication of such order, make any application in writing to the President for revision against the sald order and th President may confirm, alter or rescind the decision of the Nodal Office. The decision of the President will be final; Provided that the President may entertain the application after the expiry of th sald period of thirty days, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time; 4. Inspector for the Purpose: a) The Nodal Office may declare any officer/official under Chandigar! ‘Administration as Inspector(s), other than the Inspectors already declared undel various Acts, Rules, Notification or Laws, as applicable in Chandigarh, to inspect the place of public amusement, at any given time. b) {twill be obligation on part of the organizer to furnish every detail, as desired by the Inspector(s) declared under the Policy. 42, Death or Disability of Organiser: IF the organiser dies or becomes mentally incapable or is otherwise disabled, th person, his heir or legal representative shall not be liable to any penally for carrying © e the business, provided that an application for the renewal of permission certificate in hi favour is sent to the Nodal office within @ period of thirly days from the date of th organiser's inability to carry on the business, which may be extended by another thirty 3 days by the Committee for good and sufficient reason.te When such application is macle accordingly, the permission certificate shall pe deemed to have been extended until the application is granted or refused, as the case may be. 13. Duration of a Permission Certificate: ‘A permission certificate for place of public amusement or entertainment may be granted or renewed for any period not extending beyond the 31% day of March of the given year for which it is issued. 44, Change of Address for Operation of Business: If the organiser of a permission certificate intimates to the Nodal Office, in) writing, his intention to transfer the shifting of operation of business to another place/premises, the Nodal Office may, in its discretion, endorse the name of the new place/premises on the permission certificate after cancelling the earlier, subject to, necessary permissions/ clearances from respective Departments. 48, Responsibilities of the Organiser: The organiser shall be responsible for the carrying out Of all the provisions under the Policy and for the good management, generally for the safety of the public and of all people employed. The organiser shall take all reasonable, approved and modem precautions for the prevention of accidents and shall abstain from any act which may tend to cause any causality. Besides this, the following points shall be obligatory on part of the organiser:- a) Display of pesmission certificate, issued by the Nodal Office at prominent place in the premises. | b) The copy of photo identity card of the guest/customer, issued by any Government Authority shall be obtained before entering the public amusement entertainment place and maintain the records as per prescribed form fo checking by the inspectors deputed for the purpose. ) The organiser shall issue photo identity cards to all the staff members deployet by them. The same shall be worn by the staff during the duty hours d) The organiser shall maintain daily record for the sale of tickets and passes issued for the purpose. ¢) Display of the rate list pertaining to the entry tickets/paeses at the entrance point {f). The organiser shall refrain from any restrictive/unfair trade practice 4g) The organiser shall get CCTVs installed at entrance and ather prominent places thus, monitoring the general activities of the staffiquests/customers. h) Appropriate provision for encrypted data shall be done for viewing by District Magistrate and Senior Superintendent of Police. j) The organiser shall make necessary arrangement for deployment of male & female bouncers, duly verified by the concemed police station. |“Te J) Proper arrangement ot oleomieny wi power vamp sasniny se premises including proper illumination of the entry/ exit points shall be done. f). Facilities for washrooms shall be made. 1) The entry of the quest/customers in the given area shall not exceed the limits, as | prescribed under the applicable Laws. m) The service and consumption of liquor other than in the demarcated area shall be treated as ‘drinking in public place’. n) No guests/customers below the age of 25 years shall be served liquor. 9) Separate smoking area with appropriate ventilation shall be created p) Arrangement for appropriate parking shall be made. @) Display of contact number of taxi cab operators, concerned area SHO and other emergency numbers shall be made prominently 1) Internal committee of Management comprising of at least three members, including one female member, for intemal fedressal of disputes, monitoring and operation of business shall be made. 4) The organiser shall ensure that no guesU/customer/staff shall be carrying any kind of fire arms and ammunition even if one holds a valid licence for carrying the same or any other weapon/substance which may cause injury to any individual. The duly police/para-miltary persons deputed for the purpose are exempted from this, | {) The operation of business such as discotheque, pool game/ virtual reality gamelgame machine parlors, bowling alleys shall be operational til 12:00 (midnight) Whereas, serving of liquor shall be as per rules notified by the} Department of Excise & Taxation, Chandigarh. 46. Protection of Officers/officials from Personal Liability: No suit, prosecution o other legal proceeding shall lie against any public servant or any other acting for or anything in good faith done or intended to be, done in pursuance of the provisions of this Policy or of any directions made thereof. 47. Power to Grant Exemptions: | The Administrator, Chandigarh by notification in the official Gazette, may exempt from the operation of all or any of the provisions of this Policy for any, such period as considered desirable, in public interest and under exceptional circumstances. Anurag Aganwal, IAS, Home Secretary, Chandigarh Administration Endst.No.440 -Hill(5)-2016/ 4 | 20 Dated the, 26/2/2018 ‘A-copy is forwarded to the Controller, printing and Stationary, Union Territory, Chandigarh for publication of above notification in the official Gazette (Extra- ordinary) of the Chandigarh Administration and supply 20 copies thereof to this: Administration for record. \) | Joint Sacretary Home, For Home Secretary, yandigarh Administration.Cor Tooke bale ome A SING ey it Endst. No.440-Hill(5)-2016/ 47 8/ Dated the, 26f2fool followings:- ded 45 Afb /prbo A LOrmray . / By Pp onyee A copy is forwarded for information and necessary action to the | inspector General of Police, Union Territory, Chandigarh. The Commissioner, Excise and Taxation Depariment, Union Territory, Chandigarh. The Labour Commissioner, Union Tentory, Chandigarh, The Deputy Commissioner, Union Territory, Chandigarh. The Director Health Services, Union Territory, Chandigarh 26 /\ wee Joint Secretary Home, For Home Secretary, Ghandigarh Administration.