PANNALAL NEMASA JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who is proprietor of Santosh Chitra Mandir, Deulgaon Raja", District Buldana, feeling apprehensive of the touring cinema licence that may be granted to the respondent No. 4 under Rule 101(3)(b) and (c) of the Maharashtra Cinemas (Regulation) Rules, 1966, as amended by the Maharashtra Cinemas (Regulation) (Amendment) Rules, 1986, (hereinafter referred to as the Amended Rules), has preferred this petition in this Court. The Amendment Rules are framed by the Notification dated 9-6-1986 issued by the State Government under sub-section (1) Clauses (a) and (b) of sub-section (2) and sub-section (3) of section 9 of the Bombay Cinemas (Regulation) Act, 1953 (for short the Act). It is not in dispute that the Amendment Rules were published in the Official Gazette after they were made by the State Government.

(2.) The only question which is urged in the instant writ petition is that unless and until the rules are laid before the House of the State Legislature and thereafter unless and until they are published in the Official Gazette as required by section 9(5) of the Act, Amended Rules cannot come into force and, therefore, the submission is that no action of granting any licence can be taken under the Amended Rules. The above contention, therefore, calls for a proper construction of section 9 of the Act, which confers upon the State Government the power to make rules under the Act.

(3.) Sub-section (1) of section 9 provides that the State Government may make rules for the purpose of carrying into effect the provisions of the Act by a notifications published in the Official Gazette. Sub-section (2) of section (2) of section 9, without prejudice to the generality of the power under sub-section (1) enumerates specifically the purposes for which the rules can be framed by the State Government. Sub-section (4) makes the power of the State Government to frame rules subject to the conditions of previous Publication. Sub-section (5), whose construction is in issue in the instant writ petition is reproduced below for the sake of convenience :