KELVIN CINEMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This civil rule has been filed challenging the constitutional validity of schedule of conditions and restrictions of the Assam Cinema (Regulation) Rules, 1960 and the amendment made thereto as circulated vide notification dt. 6th November, 1991 and the subsequent Memo dated 14-11-1991 issued by the Joint Secretary, Govt. of Assam, General Administration Deptt. containing amendment of schedule of conditions and restrictions as communicated to all District Magistrates (L.A.) This is Annexure 'C' to the writ application and that is quoted below :

(2.) Amendment of Schedule of Conditions and Restrictions.- Item No. 20 of the Schedule of Conditions and Restrictions is herein substituted as follows:

(3.) In exercise of powers conferred by S.10 of the Act, Governor of Assam made some Rules for the purpose of carrying into effect the provisions of the Act, and accordingly Rules of 1960 were made. In the said Rules of 1960 there is a schedule titled as "Schedule of Conditions and Restrictions".Under the schedule there are altogether 32 conditions with a clause at 33 to the effect that "the licensee shall comply with such other conditions as may be prescribed from time to time by rules". Condition No. 20 of the said Schedule (Rules 1960 before amendment) provides for the number of shows to be held in week days. The condition 20 is quoted below :