Puducherry Municipalities Act, 1973 (No. 9 of 1973), the Pondicherry Municipality hereby makes the Pondicherry Bye-laws for granting permission and licence 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 } | 18 { No. 48 Poudouchéry Mercredi 1 8 Juin 2025

No. Puducherry Wednesday 18th June 2025

(28 Jyaistha 1947)

GOVERNMENT OF PUDUCHERRY

PONDICHERRY MUNICIPALITY

No. 1233/PM/RO-II/A3/2024.

Puducherry, dated 11th June 2025.

NOTIFICATION

In exercise of the powers conferred by section 443 of the

Puducherry Municipalities Act, 1973 (No. 9 of 1973), the Pondicherry

Municipality hereby makes the Pondicherry Bye-laws for granting

permission and licence for Entertainment Activities, 2024.

[799] 800 LA GAZETTE DE L'ETAT [PART–II

2. The Pondicherry Municipality had drafted the Pondicherry

Municipality Bye-laws for granting permission and licence for

Entertainment Activities in Part-II, Extraordinary Gazette No. 4,

dated 23-01-2025 for information, objections and suggestions from all

persons who are likely to be affected within 15 days from the date of its

publication, otherwise the same shall be taken into consideration

thereafter.

3. In exercise of the powers conferred upon by sub-section (1) of

section 501 of the Puducherry Municipalities Act, 1973, the Government

has authorized the Secretary to Government (Local Administration) to

approve and confirm the Bye-laws of Municipal Councils vide G.O. Ms.

No. 292, dated 06-10-1976 of the Local Administration Department.

4. After taking into consideration of the objections, suggestions,

s u b m i t t e d b y t h e s t a k e h o l d e r s t h e S e c r e t a r y t o G o v e r n m e n t

(Local Administration) has approved and confirmed the following

Pondicherry Municipality Bye-laws for granting permission and Licence

for Entertainment Activities, 2024

5. Now, the Pondicherry Municipality Bye-laws for granting

permission and licence for Entertainment Activities, 2024 is published

in the Puducherry State Official Gazette for information of the public, as

required under section 447 (2) of the Puducherry Municipalities Act, 1973

and will come into effect immediately from the date of publication in

Official Gazette.

M. KANDASAMY,

Commissioner.

————

THE PONDICHERRY MUNICIPALITY BYE-LAWS FOR

GRANTING PERMISSION AND LICENCE FOR

ENTERTAINMENT ACTIVITIES, 2024

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

called the Pondicherry Municipality Bye-laws for granting permission

and Licence for Entertainment Activities, 2024.

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PART–II] LA GAZETTE DE L'ETAT

(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

stipulated under the Bye-law 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;

(v) "Commissioner" means, the Commissioner of a Municipality

appointed under section 14 of The Puducherry Municipalities Act, 1973;

(vi) "Entertainment activity" means, 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;

802 LA GAZETTE DE L'ETAT [PART–II

(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/

event, 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/event;

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

whatsoever connected with an entertainment/event 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;

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PART–II] LA GAZETTE DE L'ETAT

(e) Any payment for events/entertainment activity by way of tickets or contributions or subscriptions or donations or any other charges collected in 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, boat ride in mangroves, 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.

(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 804 LA GAZETTE DE L'ETAT [PART–II

(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/Quasi Government or by any Act/Rules/Regulations

or Law of land; 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/Quasi 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 levy of of licence 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 promoter 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

Pondicherry Municipalities Act, 1973, the licence granted under

section 348 and 355 shall become void in the following cases, namely–

(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 authority within the licensed period;

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PART–II] LA GAZETTE DE L'ETAT

(iv) if, any condition laid, by the Commissioner or law enforcing

authorities or Government/Quasi Government agencies or any other

Agencies/Bodies empowered by Government of Puducherry, 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.

(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-law, the said activity shall be

stopped and same is actionable. The Municipal Commissioner has the 806 LA GAZETTE DE L'ETAT [PART–II

authority to 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% of the existing entertainment Licence fee or 20,000

(Rupees twenty thousand only) whichever is lower.

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

payable shall be ten percent on the total payment for admission when

the number of viewers/audience for the event is more than 100 or

twenty-five percent on the payment for admission in case of number of

viewers/audience for the event is less than 100 for events conducted in

open or closed enclosures.

(2) The Entertainment tax payable shall be ten percent on the

total payment for admission for all other amusement activities like rides,

water rides or air rides or land rides, etc., adventure sports, water sports,

games, land based adventure sports, water based adventure sports, air

based adventure sports, any form of activity that holds the attention 807

PART–II] LA GAZETTE DE L'ETAT

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.

(3) The owner or event Manager or any person, who conducts any entertainment activity, shall pay Entertainment Tax, as calculated under clause (1) and (2), to the Entertainment Tax Officer.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) If, the event is cancelled by the owner or event Manager or any person who conducts any entertainment activity within forty-eight hours before conduct of the said event, the advance entertainment tax paid, if any, shall not be refunded under any circumstances.

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;

808 LA GAZETTE DE L'ETAT [PART–II

(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;

(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;

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PART–II] LA GAZETTE DE L'ETAT

(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;

(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.

810 LA GAZETTE DE L'ETAT [PART–II

(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.

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.

811

PART–II] LA GAZETTE DE L'ETAT

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, and details of all such approvals shall

be promptly hosted on the Municipality website.

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 1,000 people.

5 Entertainment Events of gathering less 5,000 per event

than or e qual to 1,000 people.

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

levied as per provisions of the Pondicherry Municipality Solid

Waste Management (PM-SWM) Bye-law, 2021.

812 LA GAZETTE DE L'ETAT [PART–II

APPENDIX-1

(see Bye-Law 8)

813

PART–II] LA GAZETTE DE L'ETAT

814 LA GAZETTE DE L'ETAT [PART–II

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, Parking, toilet, etc., (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 Husbandry (if any animal involved in entertainment

activity).

 Any other document prescribed by the Commissioner.

————

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