G.R. dt. 22nd May, 2018 –  Department of Tourism and Cultural Affairs – Sub- Single Window Clearance System for film shootings etc.

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                                                Extending Single Window Clearance System for

                                                permitting shooting of Films, Television Serials,  

                                                Advertisement Films, Documentaries etc.

Government of Maharashtra

Department of Tourism and Cultural Affairs

Government Resolution NO:-Gochin-2016/Pra.Kra.189/Sanka.1

Mantralaya (Extension), Madam Cama Marg,

Hutatma Raj Guru Chowk, Mumbai-400 032

Dated 22nd May, 2018

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Preface:-

            In view of the Government Policy concerning Ease of Doing Business and pursuant to the decision taken in the meeting held by Hon’ble Chief Minister on 18.09.2015, the Government contemplated the matter of implementing Single Window Clearance System for facilitating procurement of permissions of various departments required for the shooting of films, T.V. serials, advertisement films, documentaries etc., in an easy way and within a certain time limit.   

Government Resolution:-

            After deliberation, Single Window Clearance System is hereby commissioned under this Government Resolution for permitting shooting of films, T.V. serials, advertisement films, documentaries etc., as hereunder.

                1] The Maharashtra Film, Stage and Cultural Development Corporation, Dadasaheb Phalke Film City, Goregao (East), Mumbai shall act as the Nodal Agency for the implementation of this System.

                2] Permission for shooting shall be granted under this System only if the shooting spot is on government land. This System is not applicable to shooting in private spots.

                3] For procuring permissions required for shooting the concerned producers would be required to upload their applications by online system on the web portal-  www.maharashtrafilmcell.com .

               4] The Producers should verify though online system as to whether the shooting spots where they intend to conduct the shooting is available during the relevant period and if it is so available they should agree to the terms and conditions for the shooting in the concerned spot and pay the requisite fees by e-payment [the fees fixed by the concerned Government Agencies (stake holders) for the shooting spots and the Security Deposit fixed by them]. Upon making such payment the producers would receive Order ID and Order Date and the process regarding shooting permission shall commence.

               5] Only when the Producer receives Order ID and Order Date after making requisite payment that his application for permission shall be received by the concerned Government Agency (Stake holder) in respect of shooting spot and the Film City Corporation acting as the Nodal Agency, on the Dashboard of their Web Portal.

                6] The Government Agency (Stake holder) shall be obliged to ether grant or refuse permission for shooting within 7 working days from the date of receipt of application made by the Producer (i.e. after receipt of Order ID and Order Date by the Producer).

                7] The Film City Corporation (Nodal Agency) shall take follow-up action with the Government Agency (Stake holder) concerned with the shooting spot within 15 working days from the date of receipt of application made by the Producer, so as to grant permission for shooting.

                8] Once the Producer is granted shooting permission, the Nodal Agency shall pay the amount of fees to the Government Agencies (stake holders) concerned with the shooting spots within 15 working days, by means of e-payment.

                9] If the Government Agency (Stake holder) concerned with the shooting spot refuses permission, then the reason therefor shall be conveyed to the Producer by the Film City Corporation (Nodal Agency) within 15 working days from the date of receipt of application from the Producer. The amount paid by the Producer by e-payment shall be refunded to him within the next 15 working days by means of e-payment after deducting the Processing Fees.

                10] If despite follow-up by the Nodal Agency no response is received from the Government Agency (stake holder) within 7 working days then permission for shooting shall be granted by the Nodal Agency on the assumption that the latter does not have any objection in that regard. The list of Government Agencies whose permission is required is enclosed in the accompanying Appendix-“A”, along with the Terms and conditions, subject to which it is to be granted.

                11] Presently, some Government Agencies do not grant Permission/No-Objection without grant of Permission/No-Objection by other Government Agencies (stake holders). However, in Single Window Clearance System, one Government Agency is not required to depend upon other Government Agency for the grant of Permission/No-Objection, because action vis-à-vis final permission for shooting shall be taken by the Nodal Agency only after taking into consideration Permission/No-Objection of all Government Agencies. Hence, each Government Agency would be required to forthwith apprise the Nodal Agency of its separate Permission/No-Objection without depending upon Permission/No-Objection of other Government Agencies.

                12] Where a shooting spot calls for No-Objection Certificates from various Government Agencies, then permission shall be granted by the Nodal Agency within the prescribed period only if all concerned Government Agencies grant such Certificates. However, if any of such Government Agencies refuses its No-Objection Certificate then refusal of shooting permission in the concerned spot shall be conveyed to the Producer within the prescribed period.

                13] Once the shooting permission is granted the Producer cannot cancel his reservation for shooting and shooting fees on account thereof shall not be refunded. However, if during the intervening period between submission of application for shooting and the grant of shooting permission, the Producer makes a request for the cancellation of his application then the shooting fees left over after deducting Processing Fees shall be refunded to the Producer.  

                14] If after grant of shooting permission to the Producer, any natural calamity hampers shooting then the amount of shooting fees shall not be refunded to the Producer.

                15] Where a Producer has paid Security Deposit for a shooting spot by e-payment, it would be necessary to refund such Security Deposit to the concerned Producer upon conclusion of shooting; hence, such Security Amount would be retained by the Film City Corporation. When the shooting is concluded and No-Objection Certificate regarding refund of Security Amount is obtained from the concerned Agency, the Film City Corporation shall refund such Security Amount to the Producer within 15 working days.

                16] The responsibility for the successful implementation of this System shall rest upon the Film City Corporation in its capacity as the Nodal Agency. However, the Goregao Film City Corporation, in its capacity as the Nodal Agency shall only act as a co-ordinator between Producer and the Government Agency (Stake holder). The entire responsibility vis-à-vis the grant of shooting permission to the Producer shall rest upon the concerned Government Agency. Hence, the Government Agencies should carefully frame the Terms & Conditions, which would govern the grant of shooting permission in the shooting spots within their jurisdiction, so that producers can be granted shooting permission in conformity with such Terms & Conditions.

                17] All Government Offices concerned with shooting spots would be required to appoint a Nodal Officer for this System. The responsibility for the grant or refusal of permission within 7 working days from the date of receipt of application of the producer would rest upon the concerned Nodal Officer.

                18] The list of shooting spots, as well as the Government Agencies concerned with such spots (stake holders) is available on the aforestated web portal of Single Window System for shooting permission. 

                19] Apart from this list, if the Producers make a request for new shooting spots then as per their demand and with the concurrence of the Government Agency controlling such new spots such spot  would be permanently added to the list of shooting spots on web portal. Thus, the responsibility of updating, from time to time, the list of shooting spots, as well as the concerned stake holders, shall rest upon the Nodal Agency. Moreover, the Government Agencies (Stake holders) newly added to the list would be obliged to act as per this Government Resolution.

                20] Presently, this System is extended to Mumbai City and Mumbai Suburbs on pilot basis in the first phase. Thereafter, this System shall be extended to the rest of Maharashtra in phase-wise manner.

            2. Presently, the Film City Corporation should make financial provision for the Single Window Clearance System from its own funds.

            3. Since this System is being implemented on pilot basis, the Department of Cultural Affairs from time to time, shall make such appropriate modifications, changes and revisions thereto, as may be called for. Besides, the Producers would be obliged to comply with the Terms and Conditions laid down by the concerned Mantralaya Department. This System shall be brought under the purview of Service Guarantee Act.

            4. This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201805221431453223. This Resolution is attested and issued under digital signature.

            By the order and in the name of the Governor of Maharashtra,

            Prasad Mahadeo Mahajan — Digital Signature

                        [P.M.Mahajan]

                                    Under Secretary, Government of Maharashtra

To,

1] The Secretary to the Hon’ble Governor, Raj Bhawan, Malbar Hill, Mumbai,

2] The Principal Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,

3] The Officer on Special Duty to the Hon’ble Minister, Cultural Affairs, Mantralaya, Mumbai,

4] The Personal Assistant to the Hon’ble Chief Secretary, Mantralaya, Mumbai,

5] Hon’ble Leaders of Opposition in the Legislative Assembly and Legislative Council, State Legislature, Mumbai,

6] All Hon’ble Members of the Legislature, Maharashtra State,

7] The Accountant General (Accounts and Audit) One, Maharashtra, Mumbai,

8] The Accountant General (Accounts and Entitlement) One, Maharashtra, Mumbai,

9] Personal Assistants to all Additional Chief Secretaries/Principal Secretaries/Secretaries in all Mantralaya Departments, Mumbai,

10] All District Collectors, Maharashtra,

11] The Managing Director, the Maharashtra Film, Stage and Cultural Development Corporation, Dadasaheb Phalke Film City, Goregao (E), Mumbai,

12] All Government Agencies, concerned with shooting spots—through Dadasaheb Phalke Film City, Goregao (E), Mumbai,

13] Select File-San.Ka-1

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APPENDIX-“A”

Department of Tourism and Cultural Affairs

Government Resolution No.Gochin-2016/Pra.Kra.189/San.Ka-1

Annexure Dated 22nd May, 2018

The List of Shooting Spots for which shooting permission is to be granted, subject to certain Terms & Conditions

Sr. No.Name of the concerned  Administrative DepartmentName of the concerned shooting  spotSpecific Terms & Conditions
1.Department of Urban DevelopmentMumbai Metropolitan Region Development Authority and Mumbai Metro Rail Corporation Ltd.If the Mumbai Metropolitan Region Development Authority and Mumbai Metro Rail Corporation Ltd have declared availability of their shooting spots on the website – www.maharashtrafilmcell.com , then it would be possible to extend the Single Window Clearance System to such spots.  However, for the spots which are not available on the website –www.maharashtrafilmcell.com (Maharashtra film cell) or whose shooting is restricted/prohibited by law, separate permission of the concerned agencies for shooting purpose will have to be taken  
2.Department of ForestNational Park (SGNP)Shooting Permission in National (SGNP) is granted under WL (P) Act, 1972 and this is a Quasi-Judicial Power. Hence, National Park is excluded from the time of limit of seven days.
3.Department of Higher and Technical EducationSir, J.J. College  of Arts, Mumbai  and Sir J.J College of Applied Arts, MumbaiSir J.J. College of Arts, Mumbai and Sir J.J. College of Applied Arts, Mumbai are Government Colleges subordinate to the Directorate of Arts and the rates, as well as Terms and Conditions for shooting within the locality of these colleges have been fixed under Government Resolution dt.19.07.2011 and under this Government Resolution the powers to grant permission for shooting within the locality of Sir J.J. .Arts College, have been conferred upon the Director of Arts, the Directorate of Arts, Mumbai. Accordingly, the Single Window Clearance System, shall be subject to the rates, as well as terms and conditions contained in the Government Resolution dt.19.07.2011.  
4.Department of EnvironmentAll Shooting SpotsPrior to shooting a brief Environmental Impact Assessment Study Report for the concerned spot should be prepared. In this Report, an Affidavit concerning compliance of the provisions contained in Environment related Notifications and Statures (e.g. Environment (Protection) Act, 1986, Air (P & P) Act, 1981, Water (P & CP) Act, 1974, Sound Pollution Rules, 2000, Urban Solid Waste Rules, 2016, Toxic Solid Waste Rules, 2016. Waste Management Rules, 2016 etc.), should be furnished to the Head Office of the Maharashtra Pollution Control Board, its concerned office and the Department of Environment. 
5.Department of Skill Development and EntrepreneurshipElphinstone Technical CollegeAt this spot market rates shall be charged for shooting. Moreover, in anticipation of damage to shooting spot, Security Deposit shall be taken. 
6.Department of TourismAll Shooting SpotsAppropriate Spots required for shooting shall be offered for shooting at the rates fixed for the respective places.
7.General Administration DepartmentAll Shooting SpotsAppropriate Spots required for shooting shall be offered for shooting at the rates fixed for the respective places.
8.Public Works DepartmentAll Shooting SpotsAppropriate Spots required for shooting shall be offered for shooting at the rates fixed for the respective places.
9.Home DepartmentAll Shooting SpotsAppropriate Spots required for shooting shall be offered for shooting at the rates fixed for the respective places.
10.Department of RevenueAll Shooting SpotsFor those spots on Government land under the control of Department of Revenue and Forest (Revenue), which are not fixed in advance with the concurrence of the Revenue Department for the purpose of shooting, it shall be imperative  to seek No-Objection Certificate from the concerned Agency subordinate  to the Department of Revenue and Forest (Forest) for conducting shooting on such spots. 
11.Department  of Public HealthAll Shooting SpotsPermission is hereby granted, subject to the condition that no harm of any kind shall be caused to movable and immovable property of Public Health Department. In the event of damage, the Producers shall be obliged to pay compensation and fine therefor.   
12.Department of AgricultureAll Shooting SpotsAppropriate Spots required for shooting shall be offered for shooting at the rates fixed for the respective places.
13.Department of Industry and EnergyAll Shooting SpotsAction should be taken under Government Resolution No:-MeEm-2015/Pra.Kra.105/Udyog-8, dt.11.02.2016 on the subject of strengthening “Maitri Cell” for the implementation of Single Window Clearance System for  the grant of all industrial sanctions in one place.

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[Text Translated by Adv. Prakash Manohar Chalke-

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