[233]
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.
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
EXTRAORDINAIRE
EXTRAORDINARY
Publiée par
Published by
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No. 10410
2025 }
| 23 {
No.
4
Poudouchéry
Jeudi
23
Janvier
2025
No.
Puducherry
Thursday
23rd
January
2025
(3 Magha 1946)
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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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(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;
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(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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(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-
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(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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(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.
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(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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(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;
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(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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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.
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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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APPENDIX-1
(see Bye-Law 8)
Application for
Pondicherry Municipality
Entertainment Licence
Marie Building,
No. l, Dumas Street,
Puducherry.
PREMISES INFORMATION
Type of Entertainment
:
Name of Premise
:
Address of Premise
:
Name and Address of the :
owner of premise
Length in mtrs :
Breadth in mtrs :
Height in mtrs :
No. of Main
:
No. of Windows :
No. of Emergency:
Doors
Exit(s)
Material of :
Material of
:
No. of Fire
:
Roof
Enclosures
extinguishers
Class A :
Class B :
Class C :
Class D :
Total No. of :
Seating Configuration :
Audience
‘A’ Class: ‘B’ Class: ‘C’ Class: ‘D’ Class: ‘E’ Class:
Ticket Value
Is there going to be (check appropriate box)
Stage
Temporary
Outdoor
Canopy
Tent
Outdoor
stage
equipment
Area (in sq.ft.) (for outdoor)(parking applicable for all cases)
Public gathering :
Parking :
Stage :
(Photo of
Applicant/
Authorized
person)
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APPLICANT INFORMATION
Name and Address of the :
Telephone No. :
Applicant
Mobile No.
:
E-mail ID
:
Type of Applicant :
Owner
Agency
Lessee
Contact Person for inspection :
Mobile No. :
Address of Contact person :
LICENCE INFORMATION
Annual
Temproary
(to be filled in case of temproary
Licence
Licence
licence)
Fresh
Renewal
From :
To :
Licence
of Licence
Usage :
Day
Night
Full
Show Timings:
Day
I show : II Show :
III Show :
Addl Show :
DECLARATION
I, or we ..............................................................................., hereby
declare, that the information contained in this application is true and
accurate to the best of my(our) knowledge and belief and that the
operation of the place of amusement or entertainment or events
described above will conform in every respect and at all times with
the laws, rules, and Fire Prevention and Building Safety and will not
be used for other purposes except as herein stated.
Signature :
Date :
FOR OFFICE USE
Licence No.
Licence Date
Receipt No.
Fee Amount
Mode of
and Date
Payment
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online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.
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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