Law:

Section:

(a) Cinematograph Act (II of 1918) S. 5(3)-Act as originally enacted gave no power to District Magistrate to control rates of cinema tickets-Whether District Magistrate under S. 5(3) could fix prices of cinema tickets by executive order or instructions issued under guise of laying down terms, conditions or restrictions--Held, doubtful. LINK1 LINK2 (b) Cinematograph Act (II of 1918)- -- Object-Original object as stated in statement of Objects and Reasons and Preamble to Act ; to make provisions for regulating exhibitions by means of cinematograph and for securing public safety Idea of price control, held, not originally intended by framers of Act. (c) Cinematograph Act (II of 1918)- -- S. 5-A-"Price control" covered by Item 7 of Part II of Concurrent List under Schedule V of 1956 Constitution, whereas "theatres, entertainments, amusements" controlled by Item 24 of the Provincial List under Schedule V of 1956 Constitution-Government desiring to control prices, it must do so by conscious legislation-Section 5-A, held, such conscious legislation granting power to District Magistrate to control prices of cinema tickets. (d) Motion Pictures Ordinance (XLIII of 1979)- S. 21(2)-Fixation of rates of cinema tickets-No provision in Ordinance empowering District Magistrate or Provincial Government to control prices of tickets or to restrain licensees from fixing or revising rates of tickets-Order of District Magistrate preventing licensees from revising rates of cinema tickets under S. 21(2) of Ordinance read with S. 5-A of Cinematograph Act (I1 of 1918)Held, without legal validity after promulgation of Ordinance. (e) Motion Pictures Ordinance (XLIII of 1979)- --- S. 21(2)-Order of District Magistrate under S. 5-A of Cinematograph Act (11 of 1918) fixing prices of cinema tickets-Ultra vires of Ordinance after its promulgation, being inconsistent with provisions of Ordinance and being one which cannot be deemed to be passed under Ordinance. Pakistan Tobacco Co. Ltd., Karachi v. Municipal Corporation P L D 1967 S C 241 fol. JUDGMENT This is a Constitutional petition by Gulistan Cinema Limited, petitioner Corporation, for a declaration that the order of the District…

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