- (1.) The communication dated 4th September, 1989, whereby the Licensing Authority purported to refuse to issue a certificate to the petitioner as contemplated in sub-rule (3) of Rule 3 of the U.P. Cinematograph Rules, 1951 (hereinafter referred to as the Rules) is being impugned in the present petition. The writ petition has not been formally admitted as yet, although affidavits have been exchanged between the parties. With the consent of their counsel the petition is being disposed of finally.
(2.) The petitioner was desirous of constructing a permanent building to be used for cinematograph exhibition. He made an application on 1st February, 1989, accompanied by a site plan. On 15th February, 1989, the District Magistrate directed the Sub-Divisional Magistrate to make a spot inspection and submit his report as to whether the site plan was in accordance with the Rules. On 29th February, 1989, the Sub-Divisional Magistrate reported that the application fulfilled the required conditions. Incompliance with the letter dated 15th February, 1989, of the Entertainment Tax Officer, the petitioner did the needful. On 2nd June, 1989, the Executive Engineer, Public Works Department, reported to the District Magistrate that the site plan fulfilled all the conditions as required by the Rules. On 4th September, 1989, the impugned Communication was sent by the District Magistrate (Licensing Authority) stating therein that since the petitioner has already commenced constructions, the question of issuing a certificate did not arise.
(3.) The Rules have apparently been framed under sub-section (3) of Section 9 of the Cinematograph Act, 1918 (hereinafter referred to as the Act). According to the preamble, the Legislature purported to make provisions for regulating exhibitions by means of cinematographs, Section 2 contains the definition clause, which defines "place" to include also a house, building etc. "Prescribed" is defined to mean prescribed by rules made under the Act. Section 3 provides that save as otherwise provided in the Act, no person shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under the Act, or otherwise than in compliance with any condition and restrictions imposed by such licence. Section 4 talks of a Licensing Authority and mandates that normally the District Magistrate shall be such an authority. Section 5 deals with the restrictions on powers of Licensing Authority. In sub-section (2) the emphasis is laid on the film which may be exhibited by a licensee in such place in respect of which the licence is to be given. It is also provided that subject to the control of the State Government, the Licensing Authority may grant licences 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 6 deals with certification of films, Section 7 empowers the State Government or local authority to suspend exhibition of films in certain cases. Section 8 provides for penalties. Section 9 confers the powers to make Rules. Sub-section (1) of the said provision empowers the Central Government to make Rules for the purpose of carrying into effect the provisions of the Act. Sub-section (3) lays down that the State Government may make Rules to provide for the regulation of cinematograph exhibitions for securing the public safety and the fees to be levied for licensing buildings for cinematograph exhibitions and for inspection of electric installations in such buildings.;