R M SESHADRI Vs. DISTRICT MAGISTRATE TANJORE

JUDGEMENT

(1.) The petitioner seeks directions from this Court in the exercise of our Jurisdiction and power under Article 226 of the Constitution of India in the following circumstances. The petitioner is the owner of a permanent cinema theatre called Sri Brahnnayaki Talkies in Thiruthuraipundi, Tanjore district. In accordance with the provisions of the Cinematograph Act, 1918, he applied for and obtained a licence from the District Magistrate, Tanjore, in respect of his theatre. The period for which the licence was so obtained is from 6th September 1950 to 4th September 1951. The licence was granted subject to certain conditions which were mentioned in the licence. We are concerned in this application with condition 4(a) and (b) and the special condition No. 3. They run as follows:

(2.) The preamble of the Act (The Cinematograph Act, 1918) gives the object of the Act, namely, "Whereas it is expedient for regulating exhibitions by means of cinematographs". Section 3 runs thus,

(3.) Section 4 prescribes the authority to grant licences, namely, the District Magistrate in the moffusil and the Commissioner of Police in Presidency town, Section 5 provides that a licensing authority shall not grant a license unless it is satisfied (a) that the rules made under the Act have been substantially complied with, and (b) that adequate precautions have been taken in the place in respect of which the licence is to be given for the safety of persons attending exhibitions therein. Under Sub-section (3) of Section 5, subject to the provisions of that section and to the control of the Provincial Government, the licensing authority may grant licenses under the Act to such persons as it thinks fit and on such terms and conditions and subject to such restrictions as it may determine. Section 8(1) empowered, the Provincial Government to make rules for the purpose of carrying into effect the provisions of the Act, and in particular, to provide for the regulation of cinematograph exhibitions for securing the public safety; the procedure of the authorities constituted for examining and certifying films as suitable for public exhibition and all matters ancillary thereto and the fees to be levied by those authorities. There were two subsequent Acts amending some of the provisions of the original Act. In the latter Act, LXII of 1949, there were several amendments of which we are concerned with the amendments to Section 5. Inter alia power was granted to the Central Government to make rules providing for the delegation of any of the powers of the authority to such person or persons nominated by it, the procedure of the authority for examining and certifying films as suitable for public exhibition and all matters ancillary thereto and the fees to be levied by such authority and the conditions subject to which any certificate may be granted under the Act and the circumstances in which any certificate shall be refused. A new section (Section 10) which was inserted by the amending Act empowers the Central Government to give directions to any Provincial Government as to the carrying into execution the rules and orders made thereunder.