Video Recording or Reproducing Apparatus (Possession and Licensing) Rules, 1984

The Video Recording or Reproducing Apparatus (Possession and Licensing) Rules, 1984

29th July, 1984

In exercise of the powers conferred by Section 10 of the Wireless Telegraphy Act, 1933 (XVII of 1933), the Federal Government is pleased to make the following rules, namely:---

1. (1) These rules may be called the Video Recording or Reproducing Apparatus (Possession and Licencing) Rules, 1984.

(2) They shall come into force at once.

2. In these rules, unless there is anything repugnant in the subject or context,---

(a) ‘Act’ means the Wireless Telegraphy Act, 1933 (XVII of 1933);

(b) ‘Corporation’ means the Pakistan Television Corporation Limited, registered under the Companies Ordinance, 1984, and having its registered office at Islamabad;

(c) ‘dealer’ means any person who deals in video recording or reproducing apparatus or manufactures or assembles or imports such apparatus for sale;

(d) ‘Form’ means form appended to these rules;

(e) ‘holder’ means any person for the time being in possession of a video recording or reproducing apparatus;

(f) ‘licence’ means licence issued under these rules;

(g) ‘Licencing Authority’ means the Chairman of the Corporation or a person authorised by him in this behalf;

(h) ‘‘video recording or reproducing apparatus’ means any apparatus which is capable of being used for recording or reproducing image and sound of a television programme or motion picture or series of motion pictures either by itself or with the addition of electric power, serial value or similar other device, and includes any apparatus which is temporarily incapable of being so used by reason of defect in its component parts or in the electric wiring; and

(i) ‘year’ means financial years.

3. (1) An application for a licence shall be made in Form I in accordance with such instructions as the Licencing Authority may, from time to time, issue.

(2) A holder shall make an application for licence immediately after he comes into possession of a video recording or reproducing apparatus, and the validity of the licence issued to him shall commence from the date he comes into such possession and shall expire at the end of the year as specified by the holder in the application. On the expiry of the period of its validity, the holder shall have the licence renewed in such manner and within such period as may be specified by the Licencing Authority and shall continue to do so as long as he has the video recording or reproducing apparatus in his possession.

(3) Every application under sub-rule (1), shall be accompanied by a fee,---

(a) if the holder is a person who is not a o dealer and does not maintain the video recording or reproducing apparatus for commercial purposes, two hundred rupees per year; and

(b) if the holder is a dealer or a person who maintains video recording or reproducing apparatus for commercial purposes, four hundred rupees per year:---

Provided that in case an application for a fresh licence is made at any time after the commencement of the year, the fee mentioned above shall be charged:---

(a) if the holder is a person who is not a dealer and does not maintain the video recording or reproducing apparatus for commercial purposes,---

(i) two hundred rupees, if the apparatus | comes into the holder’s possession between the first day of July and the thirtieth day of September;

(ii) one hundred and fifty rupees, if the! apparatus comes into the holders possession between the first day o of October and the thirty-first day of December;

(iii) one hundred rupees, if the apparatus comes into the holder’s possession between the first day of January and the thirty-first day of March; and

(iv) fifty rupees, if the apparatus comes into the holder’s possession between the first day of April and the thirtieth day of June; and

(b) if the holder is a dealer or a person who maintains video recording or reproducing apparatus for commercial purposes,---

(i) four hundred rupees, if the holder .comes into possession of the apparatus between the first day of July and the thirtieth day of September;

(ii) three hundred rupees, if the holder comes into possession of the apparatus between the first day of October and the thirty-first day of December;

(iii) two hundred rupees, if the holder comes into possession of the apparatus between the first day of January and the thirty-first day of March; and

(iv) one hundred rupees if the holder comes into possession of the apparatus between the first day of April and the thirtieth day of June:---

Provided further that no fee shall be payable by a holder who, in the opinion of the Licencing Authority, is maintaining or purposes to maintain video recording or reproducing apparatus for the proposes of an educational institution, hospital or any philanthropic of charitable organization.

4. A licence shall be issued in Form III to a holder other than a dealer, and in Form III to a dealer.

5. A licence shall not be transferable.

6. Every licence shall be valid for the period for which the fee payable under Rule 3 has been paid and shall expire at the end of the year.

7. (1) A licence shall authorise the licensee to keep cone video recording or reproducing apparatus in one building specified therein:---

Provided that the Licencing Authority may permit a licensee to keep the apparatus in two or more buildings.

(2) The Licencing Authority may, on the application of a licensee during the currency of the licence, alter the specification of the building specified therein.

8. If a holder maintains a video recording or reproducing apparatus without a licence or continues to maintain such apparatus after the expiry of the period of validity of his licence without obtaining a fresh licence , on renewal, he shall, in addition to the usual fee payable under Rule 3. be liable to a surcharge of one thousand rupees,---

Provided that, if a holder voluntarily makes an application for the issue of a licence the surcharge payable by him shall be,---

(a) in the case of a holder other than a dealer, twenty rupees per month subject to a maximum of two hundred rupees; and

(b) in the case of a holder who is a dealer or a person who maintains the video recording or reproducing apparatus for commercial purpose forty rupees per month subject to a maximum of four hundred rupees:---

Provided further that Licencing Authority may reduce or waive the surcharge at his sole discretion.

9. Every dealer shall require every person purchasing or acquiring a video recording of reproducing apparatus to produce a valid licence issued in such person’s name.

10. (1) Every dealer shall maintain a register of video recording or reproducing apparatus and shall cause to be entered therein the following information and such other information as may be required by the Licencing Authority from time to time, namely:---

(a) The details of all video recording or reproducing apparatus in his possession together with the dates on which such apparatus comes into his possession and the source from which he obtained them; and

(b) the name and address of every person to whom he sells or otherwise transfers a video recording or reproducing apparatus with the date of the transaction.

(2) Every dealer shall submit such periodical returns to the Licencing Authority regarding the video recording or reproducing apparatus purchased, assembled, manufactured, imported or otherwise procured and sold or otherwise disposed of by him as the Licencing Authority may, from time to time require.

11. Where the Licencing Authority is satisfied that a licence has been lost or accidentally destroyed, he may issue a duplicate or substitute the licence on payment of a fee often rupees.

12. (1) The Licencing Authority may, by order in writing appoint Inspectors for the purpose of these rules.

(2) An Inspector may bisect any video recording or reproducing apparatus in the possession of any person, and such person shall, if so required by the Inspector give, to the best of his knowledge, the name and address of any person to whom he may have transferred or from whom he may have received any video recording or reproducing apparatus.

(3) On demand from an Inspector, every person holding a licence shall produce his licence for Inspection.

(4) On demand from an Inspector, every dealer shall produce the register maintained under sub-rule (1) of rule 10 and shall permit the Inspector to make extracts therefrom.

13. (1) The Licencing Authority may, during the currency of a licence, alter, amend or vary and entry made therein.

(2) The Licencing Authority may cancel any licence issued to any person who has been convicted of a breach of these rules or an offence punishable under Section 6 of the Act.

(3) Without prejudice to the provision of sub-rule ‘ (2), the Licencing Authority may, at any time, a cancel a licence either by a specific notice in writing sent by registered post to the licensee at the address shown on the licence or by a notice published in the official Gazette addressed to all licensees; and such cancellation shall not entitle the licensee to the refund of the fee paid by him under rule 3 or of any part of such fee.

14. No refund shall be granted of any fees paid under these rules.

15. Any breach of these rules, other than a breach which is an offence under Section 6 of the Act, shall be punishable with fine which may extend to one thousand rupees.

FORM II
[See Rule 4]
NOT TRANSFERABLE THE WIRELESS TELEGRAPHY ACT, 1933 LICENSE TO POSSESS VIDEO RECORDING OR REPRODUCING APPARATUS
(Domestic)

License No.______________ License valid up to_________
Mr./Mrs./Miss.___________
________________________
of______________________ The payment of Rs._________
________________________ is hereby acknowledge.
is hereby authorized (subject
in all respect to the conditions
laid down in the Video
Recording or Reproducing Issued on behalf of the Chairman,
Apparatus (Possession and Pakistan Television Corp. Ltd.
Licencing) Rules, 1984 to
possess and keep a video
recording or reproducing
apparatus in the premises
known as
_______________________
_______________________ Dated________ day of _______

FORM II

[See Rule 4]
NOT TRANSFERABLE THE WIRELESS TELEGRAPHY ACT, 1933 LICENSE TO POSSESS VIDEO RECORDING OR REPRODUCING APPARATUS
(Domestic)

License No.______________ License valid up to_________
Mr./Messsrs_____________
________________________
of______________________ The payment of Rs._________
________________________ is hereby acknowledge.
Who is are dealer (s) or
maintain/s video recording or
reproducing apparatus for
commercial purposes, is/are Issued on behalf of the Chairman,
hereby authorized (subject in Pakistan Television Corp. Ltd.
all respects to the conditions
laid down in the Video
Recording or Reproducing
Apparatus (Possession and
Licensing) Rules, 1984 to
possess and keep a video
recording or reproducing
apparatus in the premises
known as
_______________________
_______________________ Dated________ day of _______