Law: Motion Pictures Ordinance, 1979

Section: 13, 18

(a) Motion Pictures Ordinance (XLIII of 1979)   Ss. 13 & 18-Suspension or revocation of licence-Power of revocation of licence to exhibit films although given to District Magistrate as a delegate of Licensing Authority, yet action against defaulter, held, can be taken only after conviction recorded by a competent Court.   (b) Motion Pictures Ordinance (XLIII of 1979)  Ss. 13 & 18 read with Punjab Cinematograph Rules, 1976, r. 111(1)--Suspension or revocation of licence-Power of District Magistrate=-District Magistrate although may inspect or cause a cinema to be inspected, yet he being not a Licensing Authority or its delegatee, cannot exercise authority conferred on him under r. 111(1) of Rules.   (c) Motion Picture Ordinance (XLIII of 1979)   Ss. 13 & 18 read with Punjab Cinematograph Rules, 1976, rr. 81 & 111(1)-Suspension or revocation of licence-Power of District Magistrate-Although District Magistrate has power to authorise any officer to inspect any cinema in his District, yet he cannot himself revoke or suspend a licence under r. I I1 (1) of Rules for breach of any rule or condition of licence.   (d) Punjab Cinematograph Rules, 1976   R. III(1)-Rule III (1) of Rules providing an additional penalty, held, cannot be said to be consistent with Motion Pictures Ordinance, 1979.--[Interpretation of statutes].     Dates of hearing : 24th March and 6th April, 1981.   JUDGMENT   The petitioner challenges through this petition the order dated 7th of February, 1981 passed by the District Magistrate, Gujranwala, suspending his licence for exhibition of films in Khan Mahal Cinema, Gujranwala, for a period of two months.   2. The facts of the case as stated by the District Magistrate in his report are that, on receipt of a number of complaints that the management of the cinema was exhibiting blue films, he deputed City Magistrate, to conduct a raid. On doing, so, the City Magistrate while accompanied by other official found that obscene scenes were being exhibited. with objectional songs. The.City Magistrate also came to know that the Proprietor had sublet the cinema without the prior…