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GAUHATI HIGH COURT
J. N. SARMA, J.
Kelvin Cinema and others -Appellant
Versus
State of Assam and another -Respondent
Civil Rule No. 4656 of 1991
Decided On : 16-05-1996
{'KEYWORD': 'CINEMA REGULATION', 'SUBJECT': 'ASSAM CINEMA (REGULATION) RULES, 1960', 'ACT SECTION LIST': ['SECTION 4', 'SECTION 5', 'SECTION 6', 'SECTION 7', 'SECTION 8', 'SECTION 9', 'SECTION 10']}
Fact of the Case:
The petitioners, who are cinema hall owners, challenged the constitutional validity of the Assam Cinema (Regulation) Rules, 1960, as amended in 1991. The amendment reduced the number of shows that could be held in a day from three to four and decreased the duration of each show. The petitioners argued that the amendment was unreasonable and violative of their right to carry on their business under Article 19(1)(g) of the Constitution of India.
Finding of the Court:
The court held that the amendment was unreasonable and violative of Article 19(1)(g) of the Constitution of India. The court found that the amendment did not strike a proper balance between social control and the right of individuals to carry on their business. The court also found that the amendment was not proportionate to the evil sought to be remedied, which was to prevent students from attending cinema halls during school hours. The court further found that the amendment was not necessary or urgent, as there were other means of preventing students from attending cinema halls during school hours.
Issues: ['Whether the amendment to the Assam Cinema (Regulation) Rules, 1960, was reasonable and constitutional.', "Whether the amendment violated the petitioners' right to carry on their business under Article 19(1)(g) of the Constitution of India."]
Ratio Decidendi: The court held that the amendment was unreasonable and violative of Article 19(1)(g) of the Constitution of India because it did not strike a proper balance between social control and the right of individuals to carry on their business. The court also found that the amendment was not proportionate to the evil sought to be remedied, which was to prevent students from attending cinema halls during school hours. The court further found that the amendment was not necessary or urgent, as there were other means of preventing students from attending cinema halls during school hours.
Final Decision: The court allowed the writ petition and struck down the amendment to the Assam Cinema (Regulation) Rules, 1960.
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 :
"In exercise of the powers conferred by S. 10 of the Assam Cinema (Regn.) Act, 1953 (Assam Act XIV of 1953) the Governor of Assam is pleased to amend the Assam Cinema (Regn.) Rules, 1960, hereinafter referred to as the said rules, as follows, namely :-
1. Short title and commencement.- (i) These rules may be called the Assam Cinema (Regn.) (Amendment) Rules, 1991;
(ii) They shall come into force with immediate effect.
2. Amendment of Schedule of Conditions and Restrictions.- Item No. 20 of the Schedule of Conditions and Restrictions is herein substituted as follows:
"20. Not more than four shows shall be held at the place licensed between 3 p.m. and midnight on any week days.
Out side these hours i.e. before 3 p.m. or after midnight no show shall be allowed at the place licensed on any week days.
Provided that no films certified for public exhibition restricted to adults only shall be exhibited during the 3 p.m. shows on week days.
N.B.I. There will be no restriction on the number of shows in a day on Sunday and public holidays provided that no show shall be allowed after midnight."
2. There is an Act known as Assam Cinema (Regulation) Act, 1953 and the rules have been framed thereunder being Assam Cinema (Regulation) Rules, 1960 (hereinafter called the Act and the Rules for the sake of brevity). Under that Act licenses are granted by the District Magistrate of the Districts who is the licensing authority under S. 4 of the Act. Under S. 5 of the Act some restrictions are imposed on the power of the licensing authority which inter alia includes for issuance of direction by the State Government to the licencees for the purpose of regulating the exhibition of any film or class of films etc. Under S. 6, the State Government as well as the licencing authority have been empowered to direct the licencee not to exhibit certain films and S. 7 of the Act prescribes penalties for contravention of the Act. That apart under S. 8 of the Act the licensing authority is empowered to revoke or suspend a licence in the event of any contravention by the holder of the licence of any of the provisions of the Act and Rules made thereunder or for contravention any restriction or conditions mentioned in the licence. Section 9 of the Act provides for appeal and reviews on the decisions of the licensing authority and such appeals or revisions lie to the State Government. Section 10 of the Act confers power to make Rules which, inter alia, includes the procedure in accordance with which a licence may be obtained and the terms, conditions and restrictions if any, subject to which a licence may be granted under the Act. Under the said section, the Rule making authority is to make Rules for "the Regulation of the Cinematograph exhibition for securing publie safety".
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 :
"20. Not more
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