Venkatarama Aiyar, J. - (1.) This is an appeal against the Judgment of the High Court of Rajasthan, on a Certificate granted by that Court under Art. 133(1) of the Constitution. The respondent carries on the business of exhibiting films in premises called the Royal Talkies at Beawar under licences granted by the appropriate authorities under the Cinematograph Act, 1952 (37 of 1952) hereinafter referred to as "the Act." Acting in exercise of the powers conferred by S. 12(4) of the Act, the Chief Commissioner of Ajmer issued on November 23,1954, a notification which omitting what is not material, is as follows:- (1) The licensee shall so regulate the exhibition of cinematograph films that at every performance open to the public, approved films are exhibited, the approved films to be exhibited in relation to other films at every such performance being in the same proportion as one is to five or the nearest lower or higher approximation thereto. (2) Only such films produced in India as are certified by the Central Government with the previous approval of the Film Advisory Board, Bombay, to be scientific films, films intended for education purposes, films dealing with news, current events or documentary films shall be deemed to be approved films for the purposes of these directions." This notification came into force on December 1, 1954. On November 24, 1955 the District Magistrate of Ajmer being the licensing authority under the Act sent to the respondent a statement of conditions of licence revised in accordance with the above notification. We are concerned in this appeal with two of them, conditions Nos. 15 and 22.They are, so far as they are material, as follows:- "15. The licensee shall, when and so often as the Chief Commissioner may require, exhibit free of charge or on such terms as regards remuneration as the Chief Commissioner may determine, films and lantern slides provided by the Chief Commissioner: Provided that the licensee shall not be required to exhibit at one entertainment films or lantern slides the exhibition of which will take more than fifteen minutes in all or to exhibit film or slides unless they are delivered to him at least twenty four hours before the entertainment at which they are to be shown is due to begin." "22. (a) The licensee shall so regulate the exhibition of cinematograph films that at every performance open to the public approved films are exhibited, the approved films to be exhibited in relation to other films at every such performance being in the same proportion as one is to five or the nearest lower or higher approximation thereto. (b) Only such films produced in India as are certified by the Central Government with the previous approval of the film Advisory Board, Bombay, to be scientific films, films intended for education purposes, films dealing with news, current events or documentary firms shall be deemed to be approved films for the purposes of these directions.
(2.) On July 25, 1956 the Films Division, Ministry of Information and Broadcasting, Government of India, made a demand on the respondent for a sum of Rs. 274/1/- on account of supplies of approved films made to him during the period March 3, 1956 to August, 5, 1956 and further informed him that if the above demand was not complied with, further supplies of approved films would be stopped. The respondent disputed his liability to pay the amount on the ground that the supply was made not in pursuance of any contract entered into by him but voluntarily by the Government. A correspondence than followed and eventually the respondent was told that if the amount was not paid as demanded, further supplies of approved films would be stopped and the licence cancelled. Thereupon he filed the Writ Petition under Art. 226 of the Constitution out of which this present appeal arises, in the Court of the Judicial Commissioner, Ajmer, challenging the vires of S. 12(4) of the Act, the notification dated November 23, 1954 issued thereunder and conditions Nos. 15 and 22 inserted in the licence in accordance therewith. The petition was heard by a Bench of the High Court of Rajasthan to which it stood transferred under the provisions of the States Reorganisation Act 1956, and by their Judgment dated May 14, 1958 the learned Judges sustained the validity of S. 12(4) but struck down the impugned conditions Nos. 15 and 22 as not authorised by S. 12(4) of the Act. It is against this Judgment that the present appeal, on certificate, has been preferred by the Government.
(3.) Before us the learned Additional Solicitor-General who appeared for the appellant did not contest the correctness of the decision of the High Court in so far as it held that condition No. 15 was not valid, but he contended that the learned Judges were not right in holding that condition No. 22 was not authorised by S. 1254) of the Act. The sole point for determination in this appeal is therefore whether the notification dated November 23, 1954 is within the terms of S. 12 (4). If it is, then condition No. 22 which gives effect to it is valid. If not, both the notification and the condition must be struck down as ultra vires.;