Bye-Laws may be called the Pondicherry Municipality Bye-laws for granting permission and Licence (Entertainment and Trade) for Entertainment Activities, 2024.

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

➢ EXTRAORDINAIRE EXTRAORDINARY

➢ Publiée par Published by

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▪   2025 } | 23 { No. 4 Poudouchéry Jeudi 2 3 Janvier 2025

No. Puducherry Thursday 23rd January 2025

(3 Magha 1946)

GOVERNMENT OF PUDUCHERRY

PONDICHERRY MUNICIPALITY, PUDUCHERRY

No. 1002/PM/COMM/2024.

Puducherry, dated 22nd January 2025.

NOTIFICATION

The following draft Bye-Laws for regulating the Entertainment Activities and to safeguard the public within the jurisdiction of Pondicherry Municipality notified in exercise of the powers conferred by section 443 of the Puducherry Municipalities Act, 1973 (No. 9 of 1973), is hereby published for information of all the persons likely to be affected thereby and notice is hereby given that said Bye-Laws will be taken into consideration by the Pondicherry Municipality, after the expiry of fifteen-days (15) from the date of publication in the Official Gazette of the Government of Puducherry.

[233] 234 LA GAZETTE DE L'ETAT [PART–II

2. Any objection or suggestion, which may be received from any

person with respect to the said bye-laws before expiry of the period

specified above, will be considered by the Pondicherry Municipality.

3. Objections or suggestions should be addressed the Commissioner,

Pondicherry Municipality, Marie Building, No. l, Dumas Street, Puducherry.

M. KANDASAMY,

Commissioner.

DRAFT BYE-LAWS FOR ENTERTAINMENT ACTIVITIES

1. Short title and commencement.— (1) These Bye-Laws may be

called the Pondicherry Municipality Bye-laws for granting permission

and Licence (Entertainment and Trade) for Entertainment Activities, 2024.

(2) In addition to the provisions of The Puducherry

Municipalities Act, 1973 read with the Pondicherry Municipalities (Places

of Public Resort and Entertainment) Rules, 1980, the procedures laid

down under this Bye-laws shall be followed for granting permission,

Municipal Licence and Levying Entertainment Tax and Trade Licence

fee.

2. Definitions.— In this Bye-Laws, unless the context, otherwise

requires,

(i) "Act" means, the Puducherry Municipalities Act, 1973 (No.

9 of 1973);

(ii) "Admission" includes admission as a spectator or as one of

an audience, and admission for the purpose of amusement by taking part

in an entertainment or amusement or adventures sports or water sports;

(iii) "Air based Adventure sports" any adventurous activities

such as Paragliding, Powered Hang gliding, Parasailing, Sky Diving/

Parachuting and Hot Air Ballooning;

(iv) "Amusement" means, a facility where fun or recreation is

provided by means of rides, gaming devices, or bowling alleys in

amusement parks, amusement arcades, water parks, theme parks or such

other places but, does not include a place within such facility where

other service are provided;

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PART–II] LA GAZETTE DE L'ETAT

(v) "Commissioner" means, the Commissioner of a Municipality appointed under section 14 of The Puducherry Municipalities Act, 1973;

(vi) "Entertainment activity" includes a cinematograph exhibition, Performance of any nature, amusement activities like rides, water ride or air rides or land rides, etc., adventure sports, water sports, games, dramatic or music performance, exhibition, land based adventure sports, water based adventure sports, air based adventure sports, events including weekend events, public shows, any form of activity that holds the attention and interest of audience or gives pleasure and delight, any idea or a task that amuses or entertains public or audience carried out within the Pondicherry Municipal area;

(vii) "Entertainment Tax Officer" means, an officer appointed by the Government, by name or by virtue of his office, to exercise the powers of an Entertainment Tax Officer under the Pondicherry Municipalities (Places of Public Resort and Entertainment) Rules, 1980, and includes any officer authorized by the Municipal Council or Municipal Commissioner in this behalf to collect the entertainment tax;

(viii) "local authority" means, a Municipal Council constituted

under any law for the time being in force in the Union Territory;

(ix) "Land based entertainment activity" denotes any adventurous activities such as Mountaineering, Trekking, Rock Climbing, Sport Climbing, Camping, Snow Skiing, Mountain Biking, amusement park, merry go round, and Zipline;

(x) "Municipal Area" means, any local area declared to be

a Municipality under section 3 of the Act;

(xi) "owner" means, owner or owners of the premises or building

or land where the entertainment activity carried out;

(xii) "payment for admission" includes -

(a) Any payment made by a person by any manner who, having been admitted to one part of a place of entertainment, is subsequently admitted to another part thereof, for admission to which a payment is involved;

(b) Any payments for seats or other accommodation, made

in any manner, in a place of entertainment activity;

236 LA GAZETTE DE L'ETAT [PART–II

(c) Any payment made in any manner for any purpose

whatsoever connected with an entertainment which a person is

required to make as a condition of attending or continuing to

attend the entertainment in addition to the payment, if any for

admission to the entertainment;

(d) Any payment made in any manner for any purpose

whatsoever connected with entry into any public resort be it

a permanent building, temporary building, open places or any

enclosure of any manner.

(xiii) "Proprietor" in relation to any entertainment includes any

person responsible for or for the time being in-charge of, the management

thereof;

(xiv) "Rule(s)" means, the Pondicherry Municipalities (Places

of Public Resort and Entertainment) Rules, 1980;

(xv) "Season ticket" means, a ticket which authorises admission

to a series of entertainments during a define period specified in it;

(xvi) "Water based entertainment activity" denotes a river/boat

cruise or boat rides, sea cruise, sea rides, water sports, para sailing, boat

skiing Rafting, Kayaking and Canoeing, Water/Jet Skiing, Sailing,

Rowing, Windsurfing, Yachting, Scuba Diving, Deep Sea Diving and any

other activity which entertains or amuses or delights the audience/public/

participant.

3. Applicability.— (1) Every person, who conducts an activity of

entertainment in the jurisdiction of Pondicherry Municipality shall

register under the provisions of section 348 and obtain licence before

commencing the entertainment activity.

Provided that no Licence fee shall be levied on any sports

activities carried out by the Government.

4. Prohibition on entertainment activities.— (1) No entertainment

activity shall, be conducted, exhibited, performed in any manner

whatsoever in any place without the written permission of the

Commissioner.

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PART–II] LA GAZETTE DE L'ETAT

(2) The Commissioner shall not grant permission for any

entertainment activity, if. —

(i) the entertainment activity contravenes any of the

provisions of this Bye-Laws or any other statute in vogue; or

(ii) the entertainment activity is objected by any Government

Department/Agency; or

(iii) the entertainment activity appears to pose threat to

public; or

(iv) the owner or promoters have been debarred from

conducting of entertainment activities by any Municipality or Government or any agency owned and controlled by the

Government; or

(v) the owners or promoters are in arrears of payment of any

dues to the Municipality (or) Local Body (or) Government (or) any Government agency in Union territory of Puducherry; or

(vi) the owners or promoters have earlier been engaged in any company which was in arrears of payment of any dues to

the Municipality (or) Local Body (or) any Government agency in Union territory of Puducherry;

(3) Subject to the provisions of this Bye-Law, in the case of an entertainment activity liable to the fee, the Commissioner shall grant

permission for the period to which the payment of the fee relates.

(4) The Commissioner may suspend or cancel the entertainment

activity fully or partly in unforeseen circumstances that may occur warranting suspension or cancellation of the entertainment activity.

(5) In the event of such suspension or cancellation of entertainment activity, fully or partly, the owner or promoters is not

entitled for any compensation of any kind and licence fee paid shall be stand forfeited.

5. Licence of the Commissioner to become void in certain cases.— Without prejudice to the provisions stipulated under section 350 of the

Puducherry Municipalities Act, 1973, the licence granted under section 348 and 355 shall become void in the following cases, namely- 238 LA GAZETTE DE L'ETAT [PART–II

(i) if, any unauthorised addition to the entertainment activities

be made;

(ii) if, any breach of safety to the public;

(iii) if, validity of any document lapses or withdrawn by the

issuing agency within the licensed period;

(iv) if, any condition laid, by the Commissioner or law enforcing authorities or Government agencies or any other agencies/bodies empowered, is violated;

6. Owner deemed to be responsible.— If, any entertainment activity is conducted, exhibited, performed etc., after expiry of the Municipal licence or the said licence become void or cancelled or suspended as per the provisions of law, the owner or person in occupation of such land, building, or structure shall be deemed to be the person who has conducted, exhibited, performed such entertainment activity in contravention of these Bye-Laws unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.

7. Ban of unauthorised entertainment activities.— (1) If, any entertainment activity be conducted, exhibited, performed or retained contrary to the provisions of this Bye-laws or after the written permission for conduct, exhibit, performance thereof for any period shall have expired or cancelled or suspended or become void, the Commissioner or any officer authorised by the Commissioner may, by notice in writing, require the proprietor or occupier of the land, building or structure where such entertainment activity is conducted, exhibited, performed, to stop such activities or may enter any building, land or property and stop the activity and any cost incurred shall be liable to be recovered from the proprietor or occupier of the land or property including tenant and the entity responsible for conduct of such entertainment activity. Further, a penalty of two times the fee as mentioned in the Schedule-1 be levied and the same need to be paid by the proprietor, owner or occupier of the land, or structure where such entertainment activity conducted, exhibited, performed and this will be the penalty for the first occurrence of such unauthorized entertainment and further, 25% of fee as mentioned in Schedule-1 will be levied for every additional week or part thereof.

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PART–II] LA GAZETTE DE L'ETAT

(2) The Commissioner or any Municipal Officer authorised shall

check on unauthorized and illegal outdoor entertainment activity and

take appropriate action to remove or prohibit such entertainment activity.

Whenever, any entertainment activity is conducted, exhibited, performed

in contravention of this Bye-Laws, the same is actionable as per

provisions of the Act. The Municipal Commissioner have the authority

to shall give direction to the proprietor or occupier or tenant of property

to dismantle, remove, stop illegal entertainment authority or direct any

official of Municipality to take said actions besides imposing to penalty

as provided in clause 7(1) above.

8. Application for Entertainment Licence.— (1) Applicant shall

make an application, as per Rule 33 of the Rules, in Appendix-1 along

with licence fee prescribed in Schedule-1 in addition to the fee specified

in the Rule 30 of the Rules.

(2) The Licence fee prescribed in Schedule-1 stands revised

once in every one year and such a revision of Licence fee shall not be

less than 10% and the Licence fee shall not exceed 20,000 (Rupees

twenty thousand only).

9. Process for Licensing.— (1) The Commissioner shall scrutinize

the application as per procedure laid under section 349 of the Act. After

satisfying himself, and on receipt of NOCs if any from other Departments,

the Commissioner shall register and issue Entertainment licence as

contemplated under section 348 read with Rule 32 of the Rules.

(2) The Licence is subject to the conditions imposed by the

Commissioner in addition to the conditions laid down under Rule 34 of

the Rules.

(3) The rejected/refused applications shall be returned to the

applicant with reasons for such rejection/refusal.

10. Payment of Entertainment Tax.— (1) The Entertainment tax

shall be ten percent on the total ticket value or twenty-five percent on

the entry fee, whichever is higher.

(2) The owner or event manager or any person, who conducts

any entertainment activity, shall pay Entertainment Tax, as calculated

under clause (1), to the Entertainment Tax Officer.

240 LA GAZETTE DE L'ETAT [PART–II

(3) The owner or event manager or any person shall issue

tickets, to the audience duly sealed by the Entertainment Officer and

shall submit the Counterfoil for verification by the Municipality. In

respect of tickets issued online as well tickets duly sealed by the

Entertainment Tax Officer shall be issued before admission to the

entertainment activity.

(4) The entertainment tax for online tickets shall be computed

based on the base ticket fare and shall not include the additional charges

such as internet charges, convenience fee.

(5) The owner or event manager or agent, in addition to the

provisions of the Pondicherry Municipalities (Entertainments) Tax Rules,

1976, shall submit the details of tickets including online tickets issued

and details of payment for admission to the Entertainment Tax Officer

on every Tuesday and shall remit the Entertainment tax as per rules.

(6) No audience shall be permitted without ticket and the owner

or event manager or agent held liable if any audience found without ticket

during inspection.

11. General Prohibitions.— (1) In addition to any other

prohibition, expressed or implied, in these Bye-Laws, except with the

permission of Commissioner on case-to-case basis, no person shall

conduct, exhibit or perform any entertainment activities in open places:

(i) parks, urban forests and natural water bodies;

(ii) residential sector, subject to fulfilment of conditions laid

at the time of issuing permission;

(iii) National Highways or State Highways;

(iv) building or structures of archaeological, architectural,

aesthetical, historical or heritage importance;

(v) places of worship or religious significance;

(vi) hospitals and nursing homes, libraries;

(vii) cremation grounds, graveyards;

(viii) areas classified as endangered regional ecosystems;

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PART–II] LA GAZETTE DE L'ETAT

(2) In addition to any other prohibition, expressed or implied,

in these Bye-laws, the Municipality shall take necessary action to

suspend or stop or cancel the entertainment activities showing or

expressing or engaging or conducting:

(i) nudity,

(ii) propagating caste, community, race or ethnic differences;

(iii) promoting drugs, alcohol, cigarette or tobacco items;

(iv) promoting exploitation of women or child;

(v) depicting cruelty to animals;

(vi) depicting any nation or institution in poor light;

(vii) casting aspersion on any brand or person;

(viii) banned by any law;

(ix) glorifying violence;

(x) promoting lottery tickets, sweepstakes entries and slot

machines;

(xi) any psychedelic;

(xii) displaying destructive devices and explosives depicting

items;

(xiii) promoting weapons covered under the Arms Act, 1959;

(xiv) defamatory, trade libellous, unlawfully threatening or

unlawfully harassing;

(xv) obscene or pornography or indecent representation of

women within the meaning of the Indecent Representation of

Women (Prohibition) Act, 1986 (Central Act 60 of 1986);

(xvi) any other items not in conformity with any Act/Rules/

Guidelines and considered inappropriate and items so notified

from time to time by the Municipality;

(xvii) Engagement of Child Labourers;

242 LA GAZETTE DE L'ETAT [PART–II

(xviii) Any activities prohibited under The Immoral Traffic

(Prevention) Act, 1956 or The Puducherry Gaming Act, 1956 or

The Pondicherry Excise Act, 1970 or The Narcotic Drugs and

Psychotropic Substance Act, 1985.

12. Inspections.— (1) In addition to the authorities specified in

Rule 34(ix) of the Rules, the Commissioner or any Municipal Officer

authorised by the Commissioner, shall

(a) have the power to carry out an inspection of any

entertainment activity at any time and enforce the provisions of this

Bye-Laws or Order or Guidelines or law in vogue;

(b) inspect the tickets and take account of it. In case of

issuance of tickets without Municipal seal or for any violations, shall

have right to stop the event immediately and the licensee shall not be

entitled for any compensation thereof;

13. Documentation.— (1) The owner of a property where

entertainment activity is conducted, exhibited, performed shall retain

certified copies of all documentation relating to the application for

approval of such entertainment activity, as long as entertainment activity

is carried out, and shall on demand by an Officer authorized by

Commissioner, present such documents failing which be liable to

penalized as per the provisions of these Bye-Laws.

(2) The owner or agency or event manager or promoter shall

maintain records in respect of tickets issued as per the provisions of

the Rules. In respect of Water or Air or Land based sports or adventure

sports, the details of the participants or audiences or spectators or any

other person shall be recorded in a register showing having their details

of address, identity proof and emergency contact number.

(3) The owner or agency or promoter, who conducts, exhibits,

performs entertainment activities shall maintain the additional registers,

if directed by any authorities, in addition to all registers as mandated in

the Pondicherry Municipalities (Entertainments) Tax Rules, 1976 and

submit the updated registers to any inspecting authorities on demand.

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PART–II] LA GAZETTE DE L'ETAT

14. Insurance.— (1) The owner or agency or promoter of the

entertainment activity shall arrange and keep in full force and effect in

the joint names of the registered agency, a public liability insurance

policy for their respective rights, interests and liabilities to the third

parties in respect of accidental death, bodily injury to persons or

accidental damage to the property.

(2) The owner or agency or promoter of entertainment activity

shall produce evidence of the public liability insurance policy to the

Municipality.

15. Indemnity.— (1) The owner or agency or promoter of

entertainment activity shall be required to indemnify the Municipality

against all actions, proceedings, claims, demands, costs, losses, damages

and expenses which may be brought against, or made upon the

Municipality which arise as a result of the conduct or exhibit or

performance of entertainment activities.

(2) The owner or agency or promoter of the entertainment

activity shall always be responsible for any injury or damage caused or

suffered by any person or property arising out of or relating to the

conduct or exhibit or perform of any entertainment activity and the

consequential claim shall be borne by the proprietor or agency or

promoter who shall also indemnify and safeguard the Municipality, its

employees or any entity employed/ appointed by Municipality.

16. IT based solution for application, renewal and monitoring.—

(1) The Municipality shall adopt a transparent system for grant of

approval for conduct of Entertainment activity and monitoring.

(2) For the purpose of clause (1), the Municipality shall strive

to develop an Information Technology based online system for grant of

approvals for Entertainment activity and monitoring.

Provided that till such IT based system is created, the

Municipality shall follow the conventional method of granting approvals

and monitoring, as the case may be, however, details of all such

approvals shall be promptly hosted on the Municipality website.

244 LA GAZETTE DE L'ETAT [PART–II

SCHEDULE-1

[see Bye-law 8]

Licence fee for Entertainment Activities

Sl. Type of Entertainment Entertainment Licence/

No. Activity Renewal Fee

(1)

(2)

(3)

1. Land based Adventures or entertainment

activities.

2. Air based Adventures or entertainment

10,000 per annum

activities.

3. Water based Adventures or entertainment

activities.

4. Entertainment Events of gathering more 10,000 per event

than 1000 people.

5. Entertainment Events of gathering less 5,000 per event

than or equal to 1000 people.

Note : Apart from the above fee user charges as applicable shall be

levied as per provisions of Solid Waste Management Bye-laws.

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PART–II] LA GAZETTE DE L'ETAT

APPENDIX-1

(see Bye-Law 8)

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PART–II] LA GAZETTE DE L'ETAT

Required documents

Please enclose the following documents :

 Building Permit/Property Tax

 PAN No.

 GST No.

 Certificate of Structural Engineer, Ownership Details

 Contract agreement between the owner and agency

 Photograph of the premises (signed by owner and agency)

 Sketch plan of the premises indicating the area of seating configuration and Parking (signed by owner and agency)

 Details of Entertainment Activity

 Indemnity bond executed by the agency before a Notary

Public

 Third Party Insurance Details

 Fitness certificate from the Department of Animal (if any

animal involved in entertainment activity

 Any other document prescribed by the Commissioner.

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