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CROSS RIVER – CINEMATOGRAPH LAW

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LAWS OF CROSS RIVER STATE

CINEMATOGRAPH LAW

CAP. C6

and conditions and under such restrictions as, subject to regulations made hereunder, the prescribed authority may by the respective licences determine:

Provided always that the prescribed authority may—

(a)      refuse to grant any such licence; or

(b)      at any time modify or vary the terms, conditions and restrictions of, or revoke, any such licence.

(3)      A licence shall be in force for one year or for such shorter period as the prescribed authority on the grant of the licence may determine, unless the licence is previously revoked.

  1. Supervision at exhibitions to ensure safety from fire

(1)      Where the prescribed authority has granted a licence upon the condition that the exhibition shall be conducted under the superintendence of a Government officer, it shall in such case be lawful for such Government officer at any time to order such exhibition to cease, or to give any other direction which he may think necessary for the purpose of ensuring the safety from fire of the premises in which the exhibition takes place or of the people attending the exhibition.

(2)      Any person who in any way hinders or obstructs any such Government officer shall be guilty of an offence and shall be liable to a fine of ten thousand naira.

  1. Power to appoint Board of Censors

(1)      The Commissioner shall appoint such persons as he shall think fit to constitute a Board of Censors and shall appoint a president thereof.

(2)      In the absence of the president from any meeting of the Board such person as the  members present may appoint shall be the chairman of such meeting.

(3)      The determination of any question before the Board shall be according to the opinion of the majority of the members present.

(4)      The president or in his absence the chairman of a meeting shall have a casting vote.

(5)      Five members of the Board shall form a quorum.

  1. Appointment of censorship committees

(1)      The Board shall appoint one or more committees, each consisting of not less than three and not more than five of its members, to be censorship committees for the purposes of this Law.

(2)      Whenever for any reason a member of the Board appointed to be a member of a censorship committee is unable to act as a member of the committee, the Board or the president may appoint another member of the Board as a member of the committee to take the place of such member.

(3)      Where the president is a member of a censorship committee he shall be the chairman of any meeting of the committee. If he is not a member of the committee, or, although a member, is absent from any meeting, the committee shall appoint one of its members to be chairman of such meeting.

(4)      A censorship committee shall not exercise any powers conferred upon it by this Law unless all of its members are present.

(5)      The question whether a film shall be approved or not by a committee shall be determined by a majority of the votes of the members and the chairman of the meeting of the committee or the person acting as such shall have and exercise a casting vote in the case of equality of votes.

  1. Films and posters not to be exhibited unless approved

No person shall—

(a)      exhibit, or cause or allow to be exhibited, any film; or

(b)      exhibit or cause or allow to be exhibited or displayed, or cause or allow to be displayed, any poster, unless the same has been approved and such exhibition or display is in an area or place specified by a censorship committee or, on appeal under section 8, by the Board:

Provided that the Board of Censors may, in its entire discretion exempt from the provisions of this section any film or poster or class of films or posters produced or issued by or under the direction of the Government of the Federation or of any State thereof or of the Government of any Commonwealth country or of any department of the Government or of such Governments:

And provided further that the provisions of this section shall not apply to an exhibition given in private premises to which the public are not admitted (whether on payment or otherwise).

  1. Duties and powers of censorship committee

(1)      It shall be the duty of a censorship committee to view, examine and censor every film and poster intended for use in connection with an exhibition submitted to it for approval in accordance with regulations made under this Law.

(2)      Whenever the censorship committee shall approve any film or poster, it shall signify its decision in the prescribed form, and shall also affix an identification mark recording its decision. The censorship committee may approve part of a film whilst disapproving another part thereof, and may give such directions in the matter and may so act as it shall think proper for the purpose of giving effect to its decision.

(3)      A film to which any matter has been added after it has been approved shall be again submitted for approval, and until it has been again approved shall be deemed not to have been approved.

(4)      Any approval given under the provisions of subsection (2) or subsection (3) may be general, in which case it shall apply to the whole of the State, or may specify the area or place in which such film or part thereof or such poster may or may not be exhibited or displayed, as the case may be. Any decision so made under the provisions of subsection (2) and shall be the subject of appeal in accordance with the provisions of section 8 as if it were a refusal to approve.

(5)      When a censorship committee has refused to approve any film or part thereof, and an appeal against such refusal has not been instituted under section 8, the committee may retain such film or excise and retain such part until its exportation from Nigeria or until it is otherwise disposed of in accordance with the directions of the committee, and the committee shall have the like powers where an appeal against such refusal has been dismissed.

  1. Right of appeal

(1)      There shall be a right of appeal in the manner prescribed by regulations made hereunder to the Board by—

(a)      any person aggrieved by the refusal of a censorship committee to approve any film or part thereof or poster, provided such appeal is instituted within twenty-one days of the notification in the manner prescribed of such refusal; and

(b)      the Commissioner if in his opinion any film, picture, or part thereof, or poster approved by a censorship committee depicts any matter that is against public order and decency, or the exhibition of which for any other reason is in the opinion of the appropriate authority undesirable.

(2)      On any such appeal the Board may give any such directions as it thinks proper and the order of the Board shall be final and conclusive.

(3)      No member of the censorship committee from whose decision an appeal is made shall be competent to sit or act as a member of the Board for the purpose of determining such appeal.

(4)      Subject to the provisions of subsection (3) the Board may, in determining an appeal under this section, review the film which is the subject of the appeal by itself or by appointing members of the Board for that purpose, but so that the number of such appointed members exceeds by two the number of members of the committee from whose decision the appeal is made. The question of approval or not in such review shall be determined by a majority of the votes of the members of the Board or of the appointed members of the Board, as the case may be.

  1. Offences

If—

(a)      the owner of a cinematograph or other similar apparatus uses or allows the same to be used; or

(b)      the occupier of any premises (which expression in this section includes the person managing or receiving the rent thereof) allows such premises to be used, in contravention of the provisions of this Law or of the terms, conditions or restrictions upon or subject to which any licence relating to the premises has been granted under this Law, he shall be guilty of an offence.

  1. Power of entry

(1)      Any police officer of or above the rank of an assistant superintendent of police, and any administrative officer, and any person authorised by either of such officers, may at any time enter any premises in which he has reason to believe that an exhibition is being or is about to be given, with a view to seeing whether the provisions of this Law or any regulations made hereunder or the terms, conditions or restrictions upon or subject to which any licence relating to the premises has been granted under this Law, have been complied with, and generally also for the purpose of inspection and control.

(2)      Any person who prevents or obstructs the entry of any police officer or administrative officer or person authorised as aforesaid shall be liable to a fine of four thousand naira.

  1. Penalties

(1)      Any person who—

(a)      contravenes any of the provisions of section 1; or

(b)      is guilty of an offence under section 9, shall on conviction be liable to a fine not exceeding forty thousand naira or to imprisonment for two years or to both such fine and imprisonment, and, in addition, where the offence is a continuing one, shall be liable to a fine of one thousand naira for each day during which the offence continues.

(2)      Any person who contravenes any of the provisions of section 6 shall be guilty of an offence and shall be liable to a fine of ten thousand naira.

  1. Power to make regulations

The Commissioner may make regulations for all or any of the purposes following—

(a)      for the appointment of persons to be prescribed authorities for the purposes of this Law, and for defining the jurisdiction, powers and duties and for prescribing the remuneration (if any) of such prescribed authorities;

(b)      for prescribing the fees to be paid for any matter or thing to be done under this Law or under any regulations made hereunder, and for exempting any person or class of person from payment thereof;

(c)      for prescribing the forms to be used for any matter or thing to be done under this Law or under any regulations made hereunder;

(d)      for prescribing the procedure with respect to the application for, and the grant of, licences under section 2 and the terms, conditions and restrictions thereof or relating thereto;

(e)      for controlling and regulating the production of films in order to prevent the performance during such production of undesirable or dangerous acts or acts against public order and decency;

(f)      for prescribing conditions to be observed with reference to the safety from fire or otherwise of any cinematograph theatre or other premises or vehicles or vessels on or in which exhibitions are given, and for the safety and control of persons attending the same;

(g)      for prescribing the penalties which may be imposed for the breach of any of the regulations made under this Law not exceeding a fine of forty thousand naira or imprisonment for two years or both such fine and imprisonment and, in addition, where the offence is a continuing one, a fine not exceeding one thousand naira for each day during which the offence continues; and

(h)      for generally carrying into effect the purposes and provisions of this Law.

  1. Interpretation

In this Law—

“the Board” means the Board of Censors appointed under section 4 of this Law;

“celluloid” includes substances containing nitrated cellulose or other nitrated products;

“censorship committee” means a committee appointed under section 5 of this Law;

“exhibition” means any exhibition of pictures or other optical effects produced by means of a cinematograph or other similar apparatus;

“film” means a film designed for use with a cinematograph or other similar apparatus;

“inflammable film” means any film containing celluloid and any other description of film which the Commissioner may by order declare to be inflammable for the purposes of this Law;

“poster” means any picture, photograph, poster or figure advertising any exhibition and any advertisement, notice, picture or writing whatsoever intended to be projected on a cinematograph screen by means of a slide or otherwise;

“premises” includes buildings and lands;

“prescribed authority” means the person or persons appointed as such by the Commissioner either in regulations made under this Law or by notice in the State Gazette;

“president” means president of the Board.

  1. Citation

This Law may be cited as the Cinematograph Law.

 

CHAPTER C6

CINEMATOGRAPH LAW

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

  1. Cinematograph Regulations.

CINEMATOGRAPH REGULATIONS

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary

REGULATION

  1. Prescribed authorities.
  2. Maintenance of order.

 

PART 2

Safety

  1. Exits.
  2. Seating.
  3. Stairs.
  4. Use of materials.
  5. Staff.
  6. Fire appliances.
  7. Smoking.
  8. Inflammable articles.
  9. Projection room.
  10. Projection apparatus.
  11. Spool boxes.
  12. Take-up spools.
  13. Maximum film in projection room.
  14. Rewinding room.
  15. Exhibition regulations.
  16. Film to be kept in boxes.
  17. Film store-rooms.

 

PART 3

Lighting and Electrical Installation

  1. Application of Part 3.
  2. Control of lighting.
  3. Electrical installations.
  4. Projection and rewinding room and film store.
  5. Safety lighting.
  6. Batteries for safety lighting.
  7. Floating batteries.
  8. Trickle-charged batteries.

 

PART 4

Enclosed Theatres

  1. Application of Part 4.
  2. Projection room.
  3. Seats.
  4. Fire appliances.
  5. Rewinding room.

 

PART 5

Occasional Theatres

  1. Sitting and exits.
  2. Projector.
  3. Reserved space.
  4. Film.
  5. Rewinding.
  6. Exemptions.

 

PART 6

Portable Projectors

  1. Application of Part 6.
  2. Fire precautions.
  3. Spool boxes.
  4. Electric circuits for portable projectors.
  5. Exemptions.

PART 7

Licensing

  1. Applications for licences.
  2. Applications for licences for occasional theatres.
  3. Plan to be submitted.
  4. Certificates.
  5. Grant of licences for theatres and occasional theatres.
  6. Forms of licence.
  7. Conditions of licence.
  8. Authorised alterations to be recorded.
  9. Renewal of licences.
  10. Fee for licence.
  11. Register to be kept.

PART 8

Censorship

  1. Fees.
  2. Decision of committee.
  3. Appeals.

PART 9

General

  1. Offences and penalties.
  2. Forms.
  3. Interpretation.
  4. Citation.

CINEMATOGRAPH REGULATIONS

PART 1

Preliminary

  1. Prescribed authorities

The following persons are hereby appointed to be prescribed authorities for the purpose of the Law—

(a)      for the area of each local government, the Local Government Secretary; and

(b)      in respect of a cinematograph exhibition on or from a vehicle or vessel or a mobile unit or van operating in the State, the Permanent Secretary of the Ministry of Information.

  1. Maintenance of order

(1)      Subject to paragraph (2) the officer in charge of police in an area where a cinematograph theatre is situated (in this regulation referred to as “the officer”) shall—

(a)      place on duty at every exhibition therein an adequate number of police officers for the maintenance of order; and

(b)      at least once in every three months, inspect the cinematograph theatre and every film store-room or other store-room used in connection with it and, as far as possible, ensure that the fire precautions required by these regulations are being observed.

(2)      The officer may waive the requirement of paragraph (1) where—

(a)      he is satisfied that other adequate arrangements for the maintenance of order at exhibitions have been made by the licensee; or

(b)      compliance with that paragraph is, owing to shortage of police officers in the area or for other good cause, likely to interfere seriously with the effective performance of other police duties, and shall immediately report the existence of these facts in writing to the Commissioner of Police.

(3)      In a Municipality the duties imposed by sub-paragraph (1) (which relates to inspection to ensure observance of fire precautions) shall be performed by a Senior Police Officer not below the rank of Superintendent.

PART 2

Safety

  1. Exits

(1)      A building shall not be used for cinematograph exhibitions unless it is provided with an adequate number of exits clearly indicated and so placed and maintained as readily to afford the audience ample means of safe egress.

(2)      Exit doors shall—

(a)      be so constructed and maintained as to open outwards easily on being pressed from within;

(b)      each be at least five feet wide between frames and have two leaves;

(c)      be provided on every floor at the rate of at least one door to every one hundred persons for whom accommodation is available on that floor but so that there shall be not less than two exit doors in one floor; and

(d)      communicate by the shortest possible route with a public street or large open space so that the width of a passage connecting an exit door with a public street shall not be less than the width of the door.

(3)      A gangway shall not lead into another of narrower width in a direction taken towards the nearest exit, and an exit door shall not be narrower than the gangway from which it gives egress.

(4)      The minimum clear width of a gangway shall be four feet.

(5)      A gangway, staircase or passage leading to an exit shall, during the presence of the public in the theatre, be kept clear of obstruction.

(6)      A person other than a member of the staff or other person authorised by law to enter the theatre without paying for admission shall not be allowed to stand anywhere in the auditorium or in any of the gangways intersecting the rows of seats, or in the space between the front row of seats and the screen, while the theatre is open to the public.

  1. Seating

(1)      Seating in a theatre shall be so arranged as not to interfere with free access to the exits and a seat shall not be further from an exit than seventy-five feet.

(2)      There shall be a clear distance of at least fifteen inches between the back of one row of seats and the front of the next row.

(3)      The number of adjoining seats that may be placed in a row shall not exceed eighteen.

(4)      A row of seats shall have access to a gangway at each end.

(5)      Where a projection room is in the auditorium a person shall not sit within six feet of a wall of that projection room where any opening on that wall is less than five feet from the ground. Where an opening is more than five feet from the ground a person shall not sit less than four feet from that wall.

(6)      The seating accommodation shall be divided by gangways between the several price classes of seats.

  1. Stairs

(1)      Every stairway shall be—

(a)      made of incombustible materials; and

(b)      not less than five feet wide between strings.

(2)      The stairway shall have—

(a)      a tread of at least ten inches in width measured from riser to riser;

(b)      a riser not exceeding seven and a half inches in height measured from the surface of one tread to the surface of the next, and the width of tread and the height of riser shall be constant through the length of a flight.

(3)      A stairway shall be provided with closed risers.

(4)      The number of stairs in a flight shall not exceed fifteen and the landing in a stairway shall not be less in its going than its width. There shall be at least three steps between any two landings.

(5)      There shall be no winders in a stairway.

(6)      Balusters shall be at least three feet six inches high and the space between one baluster and the other shall not exceed six inches.

  1. Use of materials

The floor, wall, ceiling, and roof of a theatre shall be made of incombustible material but

the members of roof trusses may consist of fire-resisting materials.

  1. Staff

(1)      For the purpose of securing the safety of the audience in a cinematograph theatre or an occasional theatre, the licensee or other person nominated by him in writing as manager shall—

(a)      be present and in charge throughout the duration of an exhibition; and

(b)      be assisted by an adequate staff of attendants who shall include a chief attendant and not less than one attendant for each exit; and

(c)      instruct the chief attendant and the attendants as to their respective duties, with particular reference to carrying out the requirement of these regulations; and

(d)      ensure that the attendants wear suitable uniforms when the public is admitted to the theatre.

(2)      After nominating a manager in accordance with paragraph (1), the licensee shall immediately inform the prescribed authority in writing of the name and address of the manager.

(3)      Notwithstanding anything said in paragraph (1), where at an exhibition the majority of the audience are children under fourteen years of age, the number of attendants shall be such as to—

(a)      enable them effectively to control the movements of the children whilst entering and leaving the premises and during the exhibition; and

(b)      ensure the orderly and safe clearance of the hall in case of emergency, and shall be in the proportion of not less than one attendant to every fifty children.

(4)      An attendant shall remain on duty for the whole time that the premises are open to the public.

(5)      Persons responsible for, or employed in, or in connection with, any exhibition shall take due precautions for the prevention of accidents and shall abstain from any act that tends to cause fire and is not reasonable for the purpose of the exhibition.

(6)      The operators and other persons that may be required to handle inflammable film within a theatre for any purpose shall be fully instructed as to—

(a)      the dangers arising from the use of inflammable film;

(b)      the precautions to be observed to prevent risk of ignition; and

(c)      the steps to be taken in the event of a film smouldering or catching fire.

(7)      Subject to paragraph (8), there shall be present at an exhibition at least one member of the staff who holds a certificate dated within the preceding three years, signed by a Chief Officer of a Fire Brigade, that he has been trained in fire-fighting by a Fire Brigade Officer and has attained a satisfactory standard of training.

(8)      The prescribed authority may exempt from the requirement of paragraph (7) the licensee of a theatre, other than an enclosed theatre, in respect of that theatre.

  1. Fire appliances

(1)      There shall be provided and maintained in good working order fire appliances adequate to deal with an outbreak of fire and suitable to the character of the theatre and the appliances shall, in addition to such other appliances as the prescribed authority may require, include—

(a)      a foam-type extinguisher; and

(b)      an axe or crow-bar; and

(c)      not less than two buckets of water and two buckets of sand for every twenty yards of wall space on every floor, and be kept in an easily accessible position close to the walls of the auditorium and at intervals of not more than twenty yards. The licensee shall nominate a responsible person to be in charge of the appliances and to ensure that they are kept constantly ready for use.

 

Cinematograph Law

[Issue 1] C6 – 12

(2)      There shall at all times be within the projection room, readily available for use, sufficient means of dealing with fire which shall include—

(a)      two thick woollen blankets to be kept soaked in water;

(b)      two buckets of water;

(c)      one bucket of dry sand; and

(d)      two carbon tetrachloride fire extinguishers, and the operator shall satisfy himself, before the commencement of every exhibition, that the fire appliances within the projection room are ready for use.

 

  1. Smoking

Smoking shall not be permitted in the projection room or in any part of the premises in which film is stored, wound or repaired and there shall be notices posted in each of these places clearly stating that smoking is prohibited.

  1. Inflammable articles

An inflammable article or naked light shall not be introduced into, or kept in, the projection room or other part of the premises in which film is stored, wound, or repaired unless there is unavoidable need for the article or the light.

  1. Projection room

(1)      The projection apparatus shall be placed in a projection room of substantial construction made of incombustible material and of sufficient dimensions to allow the operator to work freely.

(2)      The fittings and fixtures within a projection room shall be constructed of fire-resisting material. The entrance to the projection room shall be situated at the rear thereof and fitted with a self-closing and close-fitting door of fire-resisting materials which shall be kept closed during an exhibition.

(3)      The opening through which the necessary pipes and cables pass into the projection room shall be efficiently sealed or bushed as the case may be.

(4)      The openings in the front face of the projection room shall—

(a)      be covered with glass; and

(b)      not be larger than is necessary for effective projection and observation.

(5)      Every opening shall be fitted with a sheet metal screen not less than one-eighth of an inch thick which can be released from both the inside and the outside of the projection room so that it is automatically closed with a close-fitting joint. The screens shall be so constructed and arranged that they can all be released simultaneously from the operating position near any of the projections.

(6)      There shall be not more than two openings for each projecting apparatus; and not more than two of the openings shall be left unscreened at any one time notwithstanding that there be two or more lanterns in the projection room unless a control is provided by which all the screens can be released simultaneously from both the inside and the outside of the projection room.

(7)      The door of the projection room and all openings, bushes and joints shall be so constructed and maintained as to prevent so far as possible, the escape of smoke into the auditorium or other part of the building to which the public is admitted.

 

Cinematograph Law

(8)      There shall be provided in the building adequate ventilation by means of inlets and outlets so arranged as to—

(a)      communicate directly with the outer air; and

(b)      ensure a constant supply of fresh air; and

(c)      ensure that the operator is not exposed to direct draught.

(9)      The projection room shall be in the charge of a competent operator who shall be not less than eighteen years of age and shall be present in the projection room at all times that the apparatus is in use but the operator may leave the projection room and remain within immediate call for a short time in case of need if there is provided a competent assistant of not less than eighteen years of age to take charge of the operation during the absence of the operator.

(10)    A person shall not without due authority enter, or be allowed to have access to, the projection room.

 

  1. Projection apparatus

(1) `   The projection apparatus shall be placed on firm supports constructed of incombustible material.

(2)      A lantern shall be fitted with a metal shutter which can readily be inserted by hand between the source of light and the film gate, and a projector shall be fitted with a metal shutter so arranged as automatically to cut off the film gate from the source of light when the projector stops.

(3)      The construction of the film shall be substantial and such as to afford ample heat radiating surface and the passage for the film shall be sufficiently narrow to prevent flames travelling upwards or downwards from the light opening.

 

  1. Spool boxes

(1)      Projectors shall be fitted with two metal spool boxes of substantial construction to and from which the film shall be made to travel unless both film spools are contained in a metal chamber of substantial construction below the projector. There shall be not more than two thousand feet of film in either of the two metal spool boxes.

(2)      The spool boxes or chamber shall be made to close in such a manner, and shall be fitted with film slots constructed in such a manner, as to prevent the passage of flame to the interior of the box or chamber, and they shall remain so closed during the whole time that projection is taking place.

 

  1. Take-up spools

Take-up spools shall be mechanically driven and films shall be wound upon spools so that the wound film shall not at any time reach or project beyond the edges of the flanges of the spools.

  1. Maximum film in projection room

Not more than two spools or four thousand feet of film, whichever is greater, shall be in the projection room at the same time. Any film which is not in use shall be kept in a metal box.

  1. Rewinding room

(1)      A separate room constructed throughout of fire-resisting material shall be provided for rewinding and repairing films.

(2)      All fittings and fixtures within the rewinding room shall be constructed of fireresisting material, and the entrance shall be provided with a self-closing, close-fitting door of fire-resisting material. If there is a communicating doorway or other opening between the projection room and the rewinding room it shall also be provided with a self-closing, closefitting door or shutter of fire-resisting material.

(3)      Means of egress from the rewinding room shall be provided in addition to any egress through the projection room.

(4)      The rewinding room shall be provided with adequate means of ventilation with sufficient inlets and outlets so as to ensure a constant supply of fresh air. The inlets and outlets shall communicate directly with the outer air.

(5)      Films shall not be rewound or repaired or inspected in any place other than the rewinding room.

(6)      Not more than twenty spools or twenty thousand feet of film, whichever is greater, shall be kept in the rewinding room at any time.

(7)      All films in the rewinding room shall be kept in closed metal boxes except when being rewound, inspected, or repaired.

 

  1. Exhibition regulations

The license shall ensure that a copy of these regulations is at all times exhibited in the projection room and that a copy is, during an exhibition, exhibited in the auditorium and that these copies are easily accessible to the operators and attendants.

 

  1. Film to be kept in boxes

(1)      All films shall be kept in properly closed metal boxes except when they are required to be exposed for the purpose of examination, checking, cleaning, packing, rewinding, repairing or projecting.

(2)      No box shall contain more than one thousand feet of film or one spool of film, whichever is greater.

 

  1. Film store-rooms

(1)      All boxes containing film other than film lawfully in the projection rooms or the rewinding room shall be kept in a separate store-room.

(2)      A store-room where film is kept shall—

(a)      not be situated within twenty feet of a theatre or of other store where film is kept;

(b)      not communicate with a theatre;

(c)      be constructed of fire-resisting materials;

(d)      have walls at least nine inches thick;

(e)      be properly ventilated so as to communicate in a safe manner directly with the outer air;

(f)      be equipped with an efficient system of forced draught ventilation, in which all motors shall be entirely enclosed;

(g)      not be used for other purposes than the storing of film;

(h)      not contain more than one thousand spools of film; and

(i)       be kept securely locked when not in use.

(3)      A store-room shall be provided with not more than one door which shall be made of steel.

(4)     Except with the approval of the prescribed authority, there shall not be allowed in a store-room—

(a)      an electric or other appliance likely to produce an exposed spark; or

(b)      a fire or flame or other agency likely to ignite film.

(5)      An unauthorised person shall not be allowed to enter or have access to a store-room.

(6)      Waste film shall be collected at frequent intervals and placed in a storing metal box with a hinged lid from where it shall be removed and burnt at regular intervals.

(7)      For the purpose of extinguishing any fire that may occur in the store-room, there shall be constantly provided in a store-room adequate supply of blankets and buckets of water and sand having regard to the amount of film in the store-room at any time.

(8)      The following premises shall not be used for the keeping or storing of films, namely—

(a)      premises situated underneath premises used for residential purposes; and

(b)      premises so situated that a fire occurring therein might interfere with the means of escape from the theatre or any adjoining building.

PART 3

Lighting and Electrical Installation

 

  1. Application of Part 3

Subject as hereinafter provided, this Part applies to every cinematograph theatre, projection room, rewinding and film store-room.

 

  1. Control of lighting

Where the general lighting of the premises can be controlled from within the projection or rewinding room, there shall also be separate and independent means of control outside of and away from the projection or rewinding room.

 

  1. Electrical installations

Where electrical energy is used for lighting or other purposes within the building the following provisions shall be observed—

(1)      except as otherwise provided, the installation generally shall be in accordance with the Regulations for the Electrical Equipment of Buildings issued by the Institution of Electrical Engineers.

(2)      the main supply fuses and switches shall not be accessible to the public and shall be located where there is ample space and head room and where there is no risk of fire resulting therefrom. In no circumstances shall they be placed in a projection room, rewinding room or film store.

(3)      a separate circuit shall be taken from the source of supply for the projector circuit so that no accident to this circuit can affect the general lighting.

(4)      each of the main circuits shall be separately protected by an efficient linked switch and by a fuse on each phase.

(5)      the general wiring of the building shall be in accordance with the First Schedule except as regards any necessary flexible conductors such as may be required for pendant lamps or movable fittings.

(6)      all fuses and distribution boards shall be of a completely protected type so constructed that the fuse holders can be handled for renewal of the fuse wires without risk of touching live metal.

(7)      portable lamps for the orchestra or similar lighting shall be connected to a separate circuit or circuits from the distribution fuse boards.

(8)      the electrical installation shall be in the charge of a competent person, whether or not the operator, who shall be conversant with the installation and be on duty at all times when the public is present.

(9)      such a person in charge of the electrical installation shall satisfy himself before the commencement of each performance that the electrical apparatus including the projector circuits, is in proper working order.

 

  1. Projection and rewinding room and film store

The following provisions shall apply to projection and rewinding rooms and film stores—

(1)      the wiring in the projection and rewinding rooms and film store shall be carried out in a mineral insulated metal sheathed fire-resisting system approved by the District Engineer of the National Electric Power Authority. All slack cables shall be heavily covered with asbestos.

(2)      an efficient double-pole main switch shall be fixed within the projection room whereby all current may be cut off from the projector circuit or circuits within the projection room, and an additional double-pole switch shall be fixed for each arc lamp so that the current may be cut off whilst re-carboning is taking place.

(3)      where two or more projectors are installed and a change-over switch is required, it shall, unless one be a double-pole switch having a secure “off” position, be in addition to the main switch.

(4)      all live parts of apparatus within five feet of the projector shall be shielded so that they cannot be accidentally touched. The covers of enclosed switches shall be of metal and, with the exception of change-over switches, shall be so constructed that the switch handle does not work through an open slot.

(5)      within the projection and rewinding room the pressure of the supply between any two conductors or between a conductor and the earth shall not at any time exceed 250 volts direct or 125 volts alternating for the projector arc circuit. Where the supply of alternating current is at a higher pressure, the pressure shall be reduced by means of a double wound transformer.

(6)      the projector motor circuit shall be controlled by a double-pole switch. The motor starter and its resistance may be within the projection room.

(7)      fuses shall be enclosed in covers or cabinets to prevent scattering of hot metal and shall be mounted in carriers or holders, so constructed that the hand is protected from the flash if a fuse blows on the insertion of the carrier in the contacts.

(8)      the lamp or lamps for lighting the projection and rewinding room and film store shall not be connected to the safety lighting of the bulk-head type.

(9)      all metal work liable to become accidentally charged, including the projecting apparatus shall be efficiently earthed. The size of the earth wires shall be in accordance with the requirements of the Wiring Regulations of the Institution of Electrical Engineers.

(10)    the arc lamps adjusting handles shall be made of insulating material and shall be so constructed and arranged that the hand cannot inadvertently touch live metal.

(11)    an ammeter shall be provided in the projector circuit within the projection room.

(12) (a) resistance shall be so constructed and maintained that no coil or other part shall at any time become so heated that a piece of newspaper placed in contact with any part of the resistance would readily ignite;

(b)      the framework, supports and enclosures of resistances shall be made entirely of fire-resisting material;

(c)      resistances shall not be attached to woodwork and shall, as far as possible, be kept away from any woodwork. All woodwork shall, where necessary be effectively protected against over-heating;

(d)      the terminals of the resistances and the connecting cables shall not be placed above the resistance elements;

(e)      resistances placed where they are liable to be accidentally touched shall be efficiently guarded.

(13)    resistances in which more than two kilowatts are dissipated shall be placed in a room or place other than the projection or rewinding room and accessible only to the technical staff. If such room or place is within the theatre the room or place shall not communicate directly with the auditorium. It shall be well ventilated by ample inlets and outlets connecting directly with the outer air. Switches suitably placed shall be provided whereby the pressure may be cut off from the resistance.

(14)    more generators or electrical generating plant and the main switch gear shall be in a room or rooms constructed of fire-resisting materials. That room or those rooms may also contain the main resistances and the main supply fuses and switches and shall be well ventilated and shall not communicate directly with the auditorium or any part of the building to which the public is admitted.

 

  1. Safety lighting

(1)      Means of illumination, hereafter in these regulations called the safety lighting, shall be provided in every cinematograph theatre—

(a)      in the auditorium; and

(b)      in all exits leading therefrom to the outside of the theatre, including all courts, passages, stairways or ramps and in all other parts of the premises to which for the time being the public has access; and

(c)      for all notices indicating exits from any part of the premises.

(2)      The safety lighting of every part of a cinematograph theatre not adequately lighted by daylight shall at all times when members of the public are upon the premises be maintained in working order, and so kept in use that it is adequate to enable the public to see their way out of the premises.

(3)      In addition to their illumination by the safety lighting, all notices indicating exits from any part of a cinematograph theatre shall at all times when members of the public are upon the premises be illuminated by the general lighting.

(4)      Electrical conductors forming part of the safety lighting system shall not be contained in the same conduit or incorporated in the same cable as electrical conductors used for any other purpose.

(5)      The safety lighting system shall not be controllable from the projection room or rewinding room, or a room where film is stored or from any place accessible to the public.

  1. Batteries for safety lighting

Where the safety lighting is derived from a battery of accumulators the battery shall be fully charged before the public is first admitted on any day, and, except in the cases for which regulations 28 and 29 provide, shall be of such capacity and so maintained as to be capable of supplying at normal voltage the full load which will be connected thereto while the public is upon the premises.

 

  1. Floating batteries

A floating battery of accumulators for the purpose of supplying the safety lighting may be connected with or without converting or rectifying apparatus to the same source as the general lighting, if—

(a)      the capacity of the battery is sufficient to supply at normal voltage the load which will be connected thereto for not less than three hours;

(b)      the rate of charging the battery is so regulated and adjusted that the battery does not discharge under normal conditions;

(c)      any converting or rectifying apparatus for the charging supply to the battery is reserved for that purpose only;

(d)      where the charging arrangements permit a reversal of current, controlling switch gear capable automatically of disconnecting the battery from the source of supply is provided and on each day before the public is admitted to the premises is tested by competent person, the test including disconnection of the source of supply and observation of the consequent automatic operation of the controlling switch gear. If the controlling switch gear becomes inoperative, paragraph (e) of this regulation shall apply as if a failure of the source of supply had occurred; and

(e)      a suitable visual or audible signal operating at a place where an authorised person is normally present shall be arranged to indicate a failure of the source from which the battery is charged.

 

  1. Trickle-charged batteries

The safety lighting may, notwithstanding any provision of these regulations, be derived from the same source as the general lighting of the premises, and be so derived otherwise than by connecting a floating battery of accumulators to that source as provided by regulation 26 but the provisions of paragraphs (a) to (e) of regulation 26 of these regulations shall be satisfied, and automatic quick acting change-over switch or switches shall be installed capable of connecting the safety lighting to a battery or batteries of accumulators and the change-over switch or switches shall have been approved by an electrical engineer to be nominated by the District Engineer of the National Electric Power Authority.

 

PART 4

Enclosed Theatres

 

  1. Application of Part 4

This Part applies to enclosed theatres only but nothing herein shall be construed as an exemption from the provisions of any other Part except to the extent permitted by these regulations.

 

  1. Projection room

In the case of an enclosed theatre, the projection room shall be outside the auditorium but if the prescribed authority is of opinion that, in the case of an enclosed theatre licensed at the date of publication of these regulations in the Gazette, compliance with the requirement that the projection room shall be outside the auditorium is impracticable and in the circumstances unnecessary for securing safety, this requirement shall not apply.

  1. Seats

All seats shall be securely fastened to the floor.

 

  1. Fire appliances

The licensee of an enclosed theatre shall provide and maintain in good working order in the theatre in addition to the appliances required by regulation 10 not less than two chemical fire extinguishers for every twenty yards of wall space on every floor and shall ensure that they are kept in an easily accessible position.

  1. Rewinding room

The rewinding room shall be outside the auditorium and shall not communicate directly therewith or with any part of the theatre to which the public is admitted.

 

PART 5

Occasional Theatres

 

  1. Sitting and exits

No building shall be used as an occasional theatre unless the auditorium is provided with at least two exit doors giving direct access to a public street or large open space.

 

  1. Projector

(1)      The projector other than a portable self-contained projector shall be used in an occasional theatre.

(2)      The projector shall be placed on a firm support constructed of fire resisting material and shall be kept clear of the access to any exit.

  1. Reserved space

(1)      If the projector is erected in any part of the auditorium or any place to which the public has access, effectual means shall be taken by the erection of suitable barrier to maintain round the projector a clear space of at least three feet (hereinafter referred to as the “reserved space”).

(2)      No unauthorised person shall be allowed within the reserved space.

(3)      No smoking shall at any time be permitted within the reserved space.

(4)      No inflammable article shall unnecessarily be taken into or allowed to remain in the reserved space.

(5)      The licensee shall provide and maintain within the reserved space at all times when the theatre is open to the public sufficient means of dealing with fire readily available for use, and these shall include two thick woollen blankets which shall be kept soaked with water, two buckets of water and one bucket of dry sand and a carbon tetrachloride fire extinguisher. Before the commencement of each exhibition the operator shall satisfy himself that the fire appliances in the reserved space are ready for use.

(6)      A competent operator over eighteen years of age shall be in charge of the reserved space and shall be present in the reserved space during the whole time that the apparatus is in use, but the operator may leave the reserved space for a short period if a competent assistant, over eighteen years of age, is left in charge and the operator remains within immediate call.

 

  1. Film

During an exhibition not more than two spools or two thousand feet of film shall be in the auditorium at any one time. All other spools and film shall be kept in closed metal boxes outside to the public.

  1. Rewinding

No film shall be rewound in an occasional theatre while it is open to the public.

 

  1. Exemptions

The provisions of the following regulations shall not apply to occasional theatre unless specifically imposed and notified as conditions by the prescribed authority—

(i)       sub-paragraphs (a), (b), (c) and (d) of paragraph (2) of regulation 3;

(ii)      regulations 5, 6, 7, 8 (2), 16 and 19;

(iii)     regulations 20 to 27 both inclusive.

 

PART 6

Portable Projectors

 

  1. Application of Part 6

This Part applies only where a portable self-contained projector is used but nothing herein shall be construed as an exemption from the provisions of any other Part except to the extent permitted by these regulations.

 

  1. Fire precautions

(1)      The projector and the illuminant shall be entirely enclosed in a casing of fire-resisting material except for such openings as are necessary for effective manipulation and ventilation.

(2)      Any electric wiring or terminals fitted within the casing shall be so placed that it shall be impossible for films in use in the projector to come in contact therewith.

(3)      Each electric circuit on the projector shall be fitted with a separate switch controlled from outside the casing, and so placed as to be within reach of the operator when standing at the projector.

(4)      No illuminant other than electric light in hermetically sealed lamps shall be used within the projector, and the illuminant shall be separately encased in such a way as to prevent contact with the film.

(5)      The heat of the illuminant, and its position in relation to the optical system, shall be such that it is impossible for the rays of light to ignite a stationary film.

 

  1. Spool boxes

(1)      The projector shall be fitted with spool boxes of incombustible material which shall be made to close in such a manner, and shall be fitted with film-slots so constructed, as to prevent the passage of flame to the interior of the box.

(2)      The spool boxes shall not be capable of carrying a roll of film of more than ten inches in diameter, and shall be so constructed as to be easily detachable from the apparatus.

(3)      All film shall be contained in spool boxes which shall be attached to the projector. The doors of spool boxes shall be securely closed at all times except when loading or unloading film. After loading a spool box no film shall be exposed except the portion necessary for threading-up.

 

  1. Electric circuits for portable projectors

(1)      All electric conductors shall be of adequate size for the current which they have to carry and shall be efficiently covered with insulating material and shall be either placed out of reach of persons in the auditorium and where they are not liable to damage, or protected against injury by suitable casings.

(2)      Resistances shall be made entirely of fire-resisting material and shall be so constructed and maintained that no coil or other part at any time shall become so heated that a piece of newspaper placed in contact with any part of the resistance would readily ignite. If inside the auditorium, they shall be adequately protected by a wire guard or other efficient means of preventing accidental contact, and shall not be placed within reach of persons in the audience.

(3)      The operator shall satisfy himself before the commencement of each performance that all cables, leads, connections, resistances and fuses are in proper working order. The resistances, if not under constant observation, shall be inspected at least once during each performance. If any fault is detected, current shall be immediately switched off, and shall remain switched off until the fault has been remedied.

(4)      The projector circuit shall be independently protected by a double-pole switch and by fuses properly enclosed and placed near the source of supply or the point of connection with the general lighting supply; but where the current does not exceed five amperes and the connection of the projector circuit to the general supply is made by means of a connector as described in paragraph (5) of this regulation, such a connector may be used in substitution for a double-pole switch.

(5)      Where the projector circuit is connected to the general lighting supply, it shall be connected only at a point where the wires of the general lighting supply are of ample size for the current they may have to carry, and the connection shall be either by securely made joints or connections or by a properly constructed wall type connector of hand shield type. It shall not be connected to any lighting fitting by means of an adaptor to a lamp holder.

 

  1. Exemptions

Where a portable self-contained projector is used regulations 12, 13 and 25 (1) to (13) shall not apply.

 

PART 7

Licensing

 

  1. Applications for licences

An application for a licence or for the renewal of a licence in respect of a cinematograph theatre other than an occasional theatre shall be in accordance with Form “A” in the Second Schedule to these regulations. Such an application shall reach the prescribed authority not less than thirty days prior to the date on which it is desired first to use the premises as a cinematograph theatre or on which the current licence expires.

[Form A. Second Schedule.]

 

  1. Applications for licences for occasional theatres

(1)      An application for a licence in respect of an occasional theatre shall be in accordance with Form “B” in the Second Schedule.

(2)      An application for a licence in respect of an occasional theatre shall reach the prescribed authority not less than three days before the earliest date in respect of which the application is made; but a prescribed authority may, in his discretion, consider an application which reaches him less than three days before the earliest day in respect of which application is made.

(3)      An applicant for a licence in respect of an occasional theatre shall give to the officer in charge of police in whose area such theatre is situated at least three days’ notice in writing of the time, place and date of every exhibition which he intends to give therein. The notice shall state clearly the time and place and the date on which such exhibition is to be given.

 

  1. Plan to be submitted

(1)      There shall be submitted in quadruplicate with an application for a licence in respect of a theatre other than an occasional theatre, and (where the prescribed authority so requires), with any application for the renewal of such a licence, complete drawings of the theatre consisting of plans, elevations and sections of every part of the theatre and projection room. One copy of the drawings shall show in diagram the electric wiring of the theatre and projection room.

(2)      The drawings shall show—

(a)      the position of all exits;

(b)      the proposed seating arrangements, including the number of seats, the distance between rows of seats and the width of gangways;

(c)      the proposed position and nature of all fire extinguishing appliances and equipment.

(3)      The drawings shall be drawn in ink, or printed, to a scale of not less than one inch to eight feet. Three copies shall be drawn or printed on tracing or printing linen or linen backed paper. The fourth copy may be drawn or printed on cartridge paper or other suitable material and shall, after approval, be returned to the applicant for the licensee who shall keep that copy available in the theatre to which the licence relates.

(4)      In addition to the drawing required by paragraph (2) there shall also be submitted in quadruplicate a fully dimensioned site plan drawn to a scale of not less than one inch to forty feet and showing the position of the theatre in relation to all adjacent premises and roads.

(5)      The applicant shall submit in triplicate with his application an inventory of the furniture, furnishings and equipment of the auditorium of the theatre in respect of which application is made.

 

  1. Certificates

(1)      The prescribed authority shall cause copies of every application, drawing, site plan and inventory to be sent to the responsible engineer, and to the officer in charge of police, and the copy of the drawings containing the wiring diagram to an electrical engineer to be nominated by the District Engineer of the National Electric Power Authority.

(2)      The responsible engineer, officer in charge of police and electrical engineer shall respectively render to the prescribed authority certificates in accordance with Forms C, D and E in the Second Schedule.

(3)      In this regulation and in regulation 48 “responsible engineer” means the most senior officer of the Ministry of Works and Transport in the local government area.

 

  1. Grant of licences for theatres and occasional theatres

(1)      The prescribed authority shall not grant an application for a licence in respect of a cinematograph theatre other than an occasional theatre unless he shall have first received favourable certificates from the responsible engineer, the officer in charge of police, and the Electrical Engineer.

(2)      Before granting an application for a licence in respect of an occasional theatre, the prescribed authority shall satisfy himself that the premises comply with the provisions of

 

Part 5.

  1. Forms of licence

(1)      Licences in respect of theatres other than occasional theatres shall be in accordance with Form F in the Second Schedule and shall for one year or for such shorter period as the prescribed authority on the grant of the licence may determine.

(2)      Licences in respect of occasional theatre shall be in accordance with Form G in the Second Schedule.

 

  1. Conditions of licence

(1)      The following conditions shall be inserted in every licence granted under these regulations in respect of a theatre other than an occasional theatre—

(a)      the number of persons admitted to use the eating accommodation shall not exceed the number stated in the licence;

(b)      the licensee shall display over the main entrance of the theatre a notice to the effect that the building has been licensed as a cinematograph theatre;

(c)      all exits and fire-escapes shall, during the presence of the public in the theatre, be kept clear of obstructions;

(d)      the licensee shall take all reasonable precautions for the prevention of accidents and shall comply strictly with the Cinematograph Regulations;

(e)      the licencees shall not make any structural alterations or, except in case of emergency, alter the position of the seating or fire appliances shown on the drawing approved by the prescribed authority or introduce any furniture, furnishings of other equipment other than that described in the inventory or alter or extend the approved electrical installation without the prior approval of the prescribed authority;

(f)      no film may be removed from one part of the premises to another unless it is contained in a closed metal box;

(g)      the licensee shall ensure that all persons employed in the theatre are conversant with their duties in the event of an outbreak of fire and that fire practices are held not less than once in every month;

(h)      the prescribed authority may revoke any licence in the event of failure on the part of the licensee to observe the conditions of the licence or the provisions of the Cinematograph Law or any regulations made hereunder, or of the building becoming unsafe, or of any material alteration being made in the theatre or projection room without the consent of the prescribed authority; and

(i)       such additional conditions relating to fire precautions as may be required by the prescribed authority under paragraph (1) of regulation 8.

(2)      The following conditions shall be inserted in every licence granted under these regulations in respect of an occasional theatre—

(a)      the number of persons admitted to use the seating accommodation shall not exceed the number stated in the licence;

(b)      the licensee shall display over the main entrance of the theatre a notice to the effect that the building has been licensed as a cinematograph theatre;

(c)      all exits and fire-escapes shall, during the presence of the public in the theatre, be kept clear of obstructions;

(d)      the licensee shall take all reasonable precautions for the prevention of accidents and shall comply with the Cinematograph Regulations;

(e)      no film may be removed from one part of the premises to another unless it is contained in a closed metal box;

(f)      the prescribed authority may revoke any licence in the event of failure on the part of the licensee to observe the conditions of this licence or the provisions of the Cinematograph Law or any regulations made thereunder; and

(g)      such additional conditions relating to fire precautions as may be required by the prescribed authority under paragraph (1) of regulation 8.

 

  1. Authorised alterations to be recorded

The prescribed authority shall cause all duly authorised alterations to the structure of a cinematograph theatre, or to the seating, or fire appliances or electrical installation, or any addition to the furniture, furnishings or equipment to be recorded on the drawings, wiring diagram or inventory as the case may be.

 

  1. Renewal of licences

(1)      Before granting an application for the renewal of a licence in respect of a cinematograph theatre other than an occasional theatre the prescribed authority shall request an electrical engineer to be nominated by the District Engineer of the National Electric Power Authority to inspect the electrical installation and wiring of such theatre.

(2)      Such electrical engineer shall examine the electrical installation and wiring and render to the prescribed authority a certificate in accordance with Form E in the Second Schedule.

[Form E. Second Schedule.]

(3)      The prescribed authority shall not grant an application for the renewal of a licence in respect of a cinematograph theatre other than an occasional theatre unless he first receives a favourable certificate from the electrical engineer referred to in paragraph (2) of this regulation.

 

  1. Fee for licence

(1)      The fee for a licence shall be either—

(a)      two thousand naira for each month or part of a month for which the licence is granted; or

(b)      five hundred naira for each week or part of a week for which the licence is granted, whichever shall be lesser amount.

(2)      The fee shall be paid by the applicant to the prescribed authority by whom the licence is granted.

(3)      The prescribed authority shall—

(a)      in the case of a municipality pay the fee into the municipal fund;

(b)      in the case of a local government referred to in regulation 1 (c) pay the said fee into the revenues of the local government; and

(c)      in any other case, pay the said fee into the Treasury.

(4)      In addition to the fees prescribed by paragraph (1) an applicant for a licence or for the renewal of a licence for a theatre shall pay to the prescribed authority an additional fee of two naira ten kobo in respect of the first inspection, test and certification of the electrical installation and a fee of one naira for every subsequent inspection, test and certification.

(5)      Fees received by a prescribed authority in accordance with paragraph (4) shall be paid to the Electrical Engineer furnishing the certificate prescribed by paragraph (2) of regulation 47 or by paragraph (2) of regulation 52 and when the Electrical Engineer is in the employ of the Government of the Federation of Nigeria, he shall pay those fees into the State Treasury.

 

  1. Register to be kept

The prescribed authority shall keep a register of all licences granted to him in respect of cinematograph theatres and occasional theatres. The register shall show the nature and duration of the licence, the name and address of the person to whom it is granted, the premises to which it relates, and the name and address of the person nominated as manager in accordance with paragraph (1) of regulation 7.

 

PART 8

Censorship

 

  1. Fees

(1)      For every reel of film or part of a reel which is submitted to a censorship committee for censoring there shall be paid into the Treasury a fee of twenty thousand naira.

(2)      No fee shall be payable for a poster submitted to a censorship committee for censoring if it relates to any reel which is so submitted. In other cases a fee of two thousand naira shall be paid for each poster so submitted.

(3)      A reel or part of a reel or a poster (where a fee payable for the poster under this regulation) submitted to a censorship committee for censoring shall be accompanied by the Treasury receipt in respect of the fees payable under this regulation.

(4)      The Governor in Council may from time to time waive or suspend in whole or in part the payment of any fee or fees which may be or may hereafter become, due and owing under this regulation.

 

  1. Decision of committee

The decision of a censorship committee on an application for the approval of a film or poster shall be given in accordance with Form H in the Second Schedule.

 

  1. Appeals

(1)      A person who desires to appeal to the Board of Censors against the refusal of a censorship committee to approve a film or part thereof or poster shall forward to the president of the Board of Censors a notice in accordance with Form K in the Second Schedule and shall pay into the Treasury a fee of two thousand naira; in the event of the Board differing from the censorship committee the Board may, if it thinks fit, direct the Accountant-General to refund to such a person the fee or such part thereof as the Board may specify.

(2)      Where there is an appeal to the Board of Censors against the approval by a censorship committee of any film or part thereof or poster the appellant shall forward to the president of the Board of Censors a notice in accordance with Form L in the Second Schedule.

 

PART 9

General

 

  1. Offences and penalties

(1)      Where any of the requirements of Parts 2, 3, 4, 5 or 6 are not complied with, the licensee and the person having charge or management of the premises shall be guilty of an offence; penalty, a fine of four thousand naira and imprisonment for two years and, in addition, where the offence is a continuing one, a fine of two hundred naira in respect of each day the offence continues.

(2)      Where under the provisions of these regulations a duty is placed upon a person, the onus of proving that all reasonable steps have been taken to fulfill that duty shall lie upon the person charged with the breach thereof.

 

  1. Forms

Where these regulations require that any application, licence, decision or notice shall be in accordance with a form in the Second Schedule hereto, it shall be sufficient if the same is as nearly in accordance with such forms as circumstances permit.

 

  1. Interpretation

In this Law—

“the Board” means the Board of Censors appointed under section 6 of this Law;

“celluloid” includes substances containing nitrated cellulose or other nitrated products;

“censorship committee” means a committee appointed under section 7 of this Law;

“exhibition” means any exhibition of pictures or other optical effects produced by means of a cinematograph or other similar apparatus;

“film” means a film designed for use with a cinematograph or other similar apparatus;

“inflammable film” means any film containing celluloid and any other description of film which the Commissioner may by order declare to be inflammable for the purposes of this Law;

“poster” means any picture, photograph, poster or figure advertising any exhibition and any advertisement, notice, picture or writing whatsoever intended to be projected on a cinematograph screen by means of a slide or otherwise;

“premises” include buildings and lands;

“prescribed authority” means the person or persons appointed as such by the Commissioner either in regulations made under this Law or by notice in the State Gazette;

“president” means president of the Board.

  1. Citation

This Law may be cited as the Cinematograph Law.

SCHEDULES

FIRST SCHEDULE

Electrical wiring

[Regulation 22.]

The following wiring shall be carried out in accordance with one of the following systems—

  1. Vulcanised Rubber – Insulated Cables in Screwed Conduit:

Provided that—

(a)      the cable shall be insulated with a layer of pure rubber next to the conductor, an intermediate layer of vulcanised rubber and an outer jacket of vulcanised rubber. These three layers shall together constitute the dielectric. The cables shall have an exterior braiding of hemp, cotton or jute thoroughly impregnated with a protective compound that will not have any deleterious action on the rubber. The finish of the braiding shall be smooth and uniform;

(b)      the conduits shall be heavy gauged;

(c)      the conduit terminal fittings may be used in which the length of thread for conduit is less than that specified in such specification in which case either a taper male thread or locknuts shall be used;

(d)      the conduit shall be mechanically and electrically continuous across all joints therein, and shall be earthed in accordance with regulation 8 of the Regulations for the Electrical Equipment of Buildings issued by the Institution of Electrical Engineers;

(e)      the electrical resistance of the conduit in a complete installation measured between the conduit at a point near the main switch and any other point of the installation shall not exceed one ohm;

(f)      where condensation is likely to occur, drip-outlets not exceeding a quarter of an inch in diameter and not less than one-eighth of an inch in diameter shall be provided at the lowest point of each circuit to permit the exit of moisture;

(g)      the conduits of each shall be erected complete before the cables are drawn in and conduits of less than one inch in diameter shall be secured at least every four feet. Conduits of one inch in diameter or over shall be secured at least every six feet (except where they are used between supports placed more than six feet apart, in which case they shall be secured to the satisfaction of an electrical engineer to be nominated by the District Engineer of the National Electric Power Authority, and all conduits shall be secured by means of approved saddles which in the case of surface work must be fixed with screws;

(h)      bell mouths or other approved metal outlets shall be fitted to the ends of all conduits to prevent abrasion of the covering of cables emerging therefrom, and galvanised conduits at all external outlets pints shall be set down to not less than forty-five degrees, and terminated with a non-corroding bell mouth;

(i)       the ends of conduits terminating at accessories and fittings shall be screwed thereto, or secured with locknuts if screwing is impracticable, and provided that the ends of all conduits where terminating at tees, elbows, junction boxes or other outlet points shall be set reamed out and shall not project into the box beyond the thread of the box or the locknut;

(j)      all elbows and tees shall be of the inspection type and all bends shall have radius of not less than two and a half times the outside diameter of the conduit save that—

(i)       at the ends of conduit immediately behind fittings or accessories plan conduit fittings may be used;

(ii)      in surface wiring where the conduit turns to pass through a wall a plain elbow may be used if the conditions are such that the use of an inspection or normal band would be impracticable; or

(iii)     in an inaccessible position such as in hollow partition a plain elbow may be used if it is impracticable to use a normal bend;

(k)      conduits together with their fittings shall be galvanised;

(l)       the threads where galvanising has been removed shall be adequately protected by paintings with white-lead, red-lead, or graphite pipe-jointing compound, before screwing into fittings;

(m)     galvanised conduits shall not be buried in damp ground or in ground likely to contain acid;

(n)      where it is necessary to enclose wires in metal pipes in damp ground, galvanised water-pipes (free from internal fins and burrs) or other metal pipes approved by an electrical engineer to be nominated by the District Engineer of the National Electric Power Authority shall be used;

(o)      where it is necessary to enclose wires in metal pipes in ground likely to contain acids, the wires shall be enclosed in lead pipes.

  1. Vulcanised Rubber – Insulated Hard Metal Sheath Cable:

Provided that in either case—

(a)      the cable shall without serving or braiding over the armouring;

(b)      the metallic sheath or armouring or both shall, where practicable, be prevented by spacing, insulation or other means, from coming into contact with—

(i)       the wires, cables or sheath of any wiring system operating at extra-low voltage or of any wiring system not installed in accordance with the requirements of the Regulations for the Electrical Equipment of Buildings issued by the Institution of Electrical Engineers;

(ii)      metal water or gas pipes or the pipes of other services. Where such separation is not practicable, the metallic sheath or armouring or both shall be bended to the metal sheath or pipework or both of other services in such a manner as to prevent the occurrence of a voltage difference at such points of contact;

(c)      where the cables are liable to suffer mechanical damage, they shall be adequately protected in relation to the nature of their sheath or armouring or both;

(d)      the cables shall be secured by cleats, saddles, or clamps but not by driven staples. In damp situations and wherever they are exposed to the weather, the cleats, saddles or clamps and their fixing shall be of material not likely to be a cause of electrolytic action with the sheath or armouring and the cable shall be painted with weatherresisting paint;

(e)      the spacings of cleats, saddles or clamps shall not exceed those set out in Regulation 4 for the Electrical Equipment of Buildings issued by the Institution of electrical Engineers;

(f)      in addition, the cables, where vertical, shall be gripped firmly at the supports; and where, owing to a change of direction there is likely to be excessive pressures on any part of the cable, the cable shall be brought over a rounded support of a radius not less than six times the over-all diameter of the cable;

(g)      where the cable passes through a floor, wall, partition or ceiling, or other part of a building, the hole shall be made good with cement or similar incombustible material to the full thickness of the material of the floor, wall, partition, ceiling or other part of the building, and space through which fire might spread shall not be left around the cable;

(h)      every connection between the conductors of cable shall be made in a junction box of weather proof design of ample capacity;

(i)       where cables terminate at, or are looped in to an accessory or lighting fitting, a weather proof box shall be provided into which the metallic sheath or armouring or both shall be brought in such a manner that those parts of the cable from which the metallic sheath or armouring or both have been removed are enclosed within the box, accessory or lighting fitting;

(j)      the sheaths, armouring and fittings, shall be earthed in accordance with Regulation 8 of the Regulations for the Electrical Equipment of Buildings issued by the Institution of Electrical Engineers and clamps or soldered joints shall be provided at every break in the heath or armouring or both to ensure electrical continuity throughout the installation. The electrical impedance of the earthing load, measured from the connection with the earth electrode to any position in the completed installation shall not exceed one ohm.

  1. A suitable fire-resisting Mineral Insulating Metal Sheathed system:

Provided that such a system shall comply with the appropriate Standards.

SECOND SCHEDULE

FORM A

[Regulation 44.]

Application for a Cinematograph Theatre Licence

To the Prescribed Authority for ………………………………………………………………………

I/We ……………………………………………………………………………………………………….

of ………………………………………………………………………………………..hereby apply for

a licence for the cinematograph theatre situated at …………………………………………………

Proposed accommodation—

Seats ………………………………………………………………

Signature ………………………………………………………..

Address ………………………………………………………….

Date ……………………………………………………………………….20 ………………………….

CAP. C6

Cinematograph Law

[Issue 1] C6 – 30

FORM B

[Regulation 45.]

Application for an Occasional Theatre Licence

To the Prescribed Authority for ……………………………………………………………………………………………………

I/We………………………………………………………………………………………………………….

of …………………………………………………………………………………………………………….. hereby apply for

a licence to use the premises at ……………………………………………………………………………… for the purpose

of cinematograph exhibitions on the following dates ………………………………………………………………………

………………………………………………………………………………………………………………..

Proposed accommodation—

Seats ………………………………………………………………

Signature ………………………………………………………..

Address ………………………………………………………….

Date ………………………………………………………………………………………………………, 20 ………………………….

FORM C

Responsible Engineer’s Safety Certificate

I, ……………………………………………………………………….. being the responsible Engineer, hereby certify—

(1) that on the ……………….. day of ……………………………………. 20 ………………………………. I examined

the premises situated at ………………………….. in respect of which an application dated the ……………

day of …………………………………………. 20 ……………………………. for a theatre licence has been made

by ……………………………………………………………. and the drawings and site plan submitted therewith;

(2)      that the premises comply with Regulations 3 (1) to (5), 4, 5, 6, 11 (1) to (6), 16 (1) to (14);

(3)      that the premises, being enclosed, also comply with Regulations 28, 29, 30, 31 and 32;

(4)      that the premises do not comply with the following Regulations referred to in paragraph (2) above;

(5)      that the premises, being enclosed, do not comply with the following Regulations referred to in paragraph (3) above;

(6)      that the theatre has been constructed in accordance with the drawings and site plan submitted.

Date ………………………………………….. , 20 ………………………….. Signed …………………………………………….

FORM D

Police Officer’s Safety Certificate

I, …………………………………………………………………………………………. being the officer in charge of police

at …………………………………………………………………………………………………………… officer of Fire Brigade,

……………………………………………………………………………………………………………………….. , hereby certify—

(1) that I have on the …………………….. day of ……………………………….. , 20 ………………………. examined

the premises situated at ………………………….. in respect of which an application dated the ……………

day of ………………………………………… , 20 …………………………… , for a theatre licence has been made

by ……………………………………………………………. and the drawings and site plan submitted therewith;

CAP. C6

Cinematograph Law

C6 – 31 [Issue 1]

FORM D—continued

(2)      that the fire precautions and the fire appliances on the said premises are in accordance with the Cinematograph Regulations;

(3)      that the following additional precautions (as shown on the plan) have been taken;

(4)      that the fire precautions and appliances are/are not in my opinion adequate to deal with an outbreak of fire.

Date ………………………………………….. , 20 ………………………….. Signed …………………………………………….

FORM E

Electrical Engineer’s Safety Certificate

I, …………………………………………………………………………………………………………. hereby certify—

(1)      that I have examined the premises situated at …………………………………………. in respect of which an application dated the ……………. day of ……………………………., 20 …………., for a theatre licence has been made by ……………………………………………………… and the wiring diagram submitted therewith;

(2)      that the wiring of the said premises is/is not in accordance with Part 3 of the Cinematograph Regulations;

(3)      that the wiring diagram is accurate/inaccurate in the following respects:

Date ………………………………………….. , 20 ………………………….. Signed …………………………………………….

Electrical Engineer

FORM F

Cinematograph Theatre Licence

Licence is hereby granted to ………………………………………………………………………………………………………..

of …………………………………………………………………………………………………………….. to exhibit films

on the premises known as …………………………………………………………………………………………………….. and

situated at ………………………………………………………………………………………………………………………………….

This licence is issued subject to the observance by the licensee of the provisions of the Cinematograph

Law and of the regulations made thereunder and of the conditions set out in this licence.

This licence terminates on the ………………………………………………………………………….. , 20 …………………..

Signature ………………………………………………………..

Prescribed Authority for

(specify area)

Fee Paid: Date ………………………………………………………………………… , 20 …………………..

CONDITIONS

(a)      the number of persons, who may be admitted to use the seating accommodation shall not exceed ….

(b)      the licensee shall display over the main entrance of the theatre a notice to the effect that the building has been licensed as a cinematograph theatre;

(c)      all exits and fire-escapes shall, during the presence of the public in the theatre, be kept clear of obstructions;

(d)      the licensee shall take all reasonable precautions for the prevention of accidents and shall comply strictly with the Cinematograph Regulations;

CAP. C6

FORM F—continued

(e)      the licensee shall not make any structural alterations or, except in case of emergency, alter the position of the seating or fire appliances shown on the drawings approved by the prescribed authority or introduce any furniture, furnishings or other equipment other than that described in the inventory or alter or extend the approved electrical installations without the prior approval of the prescribed authority;

(f)      no film may be removed from one part of the premises to another unless it is contained in a closed metal box;

(g)      the licensee shall ensure that all persons employed in the theatre are conversant with their duties in the event of an outbreak of fire and that fire practices are held not less than once in every month;

(h)      the prescribed authority may revoke this licence in the event of failure on the part of the licensee to observe the conditions hereof of the provisions of the Cinematograph Law or any regulations made thereunder, or of the building becoming unsafe, or of any material alteration being made in the theatre or projection room without the consent of the prescribed authority;

(i)       (insert here such additional conditions relating to fire precautions as may be required by the prescribed authority under regulation 8 (1) of the Cinematograph Regulations).

FORM G

Occasional Theatre Licence

Licence is hereby granted to………………………………………………………………………………………………………..

of………………………………………………………………………………………………………………… to exhibit films

on the premises known as …………………………………………………………………………………………………….. and situated at ……………………………………………………………………………………………… on the following dates………………………………………………………………………………………………………….

This Licence is issued subject to the observance by the licensee of the provisions of the Cinematograph Law and of the regulations made thereunder and of the conditions set out in this licence.

This licence terminates on the ………………………………………………………………………….. , 20 …………………..

Signature ………………………………………………………..

Prescribed Authority for

(specify area)

Fee Paid: Date ………………………………………………………………………… , 20 …………………..

CONDITIONS

(a)      the number of persons, who may be admitted to use the seating accommodation shall not exceed ….

(b)      the licensee shall display over the main entrance of the theatre a notice to the effect that the building has been licensed as a cinematograph theatre;

(c)      all exits and fire-escapes shall, during the presence of the public in the theatre, be kept clear of obstructions;

(d)      the licensee shall take all reasonable precautions for the prevention of accidents and shall comply strictly with the Cinematograph Regulations;

(e)      the licensee shall not make any structural alterations or, except in case of emergency, alter the position of the seating or fire appliances shown on the drawings approved by the prescribed authority or introduce any furniture, furnishings or other equipment other than that described in the inventory or alter or extend the approved electrical installation without the prior approval of the prescribed authority;

(f)      no film may be removed from one part of the premises to another unless it is contained in a closed metal box;

FORM G—continued

(g)      the licensee shall ensure that all persons employed in the theatre are conversant with their duties in the event of an outbreak of fire and that fire practices are held not less than once in every month;

(h)      the prescribed authority may revoke this licence in the event of failure on the part of the licensee to observe the conditions hereof or the provisions of the Cinematograph Law or any regulations made thereunder, or of the building becoming unsafe, or of any material alteration being made in the theatre or projection room without the consent of the prescribed authority;

(i)       (insert here such additional conditions relating to fire precautions as may be required by the prescribed authority under regulation 8 (1) of the Cinematograph Regulations).

FORM H

[Regulation 56.]

Decision of Censorship Committee on an application for the approval of a film or poster

On the application of ………………………………………………………………………………………………………………..the Censorship Committee has examined the film entitled/poster marked ………………………………………….. and permission to exhibit the said film/poster is hereby granted (subject to the excision of (specify part of film) refused.

Members of the Censorship Committee

Date ………………………………………….. , 20 …………………….. Signatures …………………………………………….

…………………………………………….

FORM K

To the President of the Board of Censors.

Whereas I am aggrieved by the refusal of a Censorship Committee consisting of (names of members of  the Committee) to approve (identify film or part thereof or poster) I hereby notify you that I desire to appeal against such refusal and have paid into the treasury the fee of two thousand naira in respect of my appeal (Treasury Receipt).

No. …………………………………………………………………

Date ………………………………………. , 20 ……………….

Date ………………………………………….. , 20 ………………………. Signature …………………………………………….

FORM L

To the President of the Board of Censors.

WHEREAS I am of the opinion that the exhibition of (identify film or part thereof or poster) which has been approved by a Censorship Committee consisting of (names of members of committee) is undesirable inasmuch as it depicts certain matter or contains certain words or expressions contrary to public order or decency (state either additionally or alternatively to the foregoing reasons any other reason why the exhibition of the film or part thereof or poster is considered undesirable).

I hereby notify you that I desire to appeal to the Board of Censors against such approval.

 

Law Nigeria Admin
Law Nigeria Admin

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