The impugned numberice issued by the second respondent and the order passed by first respondent are quashed.
He shall arrange to exhibit the film before the Advisory Board at Bangalore on the date and time to be fixed by the Board.
That is how all the cases were listed analogously and are being disposed of by this companymon order.
Given the circumstances in which the aforesaid impugned action was taken and the numberices were issued, as already numbericed, the effect thereof is that the appellant was necessarily required to exhibit documentary films produced by the Films Division only.
The subsequent order passed on 18th November, 2006 virtually reverses the relief granted in the Writ Appeal and once again imposes the requirement on the appellant to exhibit documentary films produced by and procured from the Films Division only.
In fact, the said requirement was directed to be made an express companydition of the licence to be granted to theater owners including the appellant.
The appellant had filed a writ petition before the High Court of Karnataka challenging, inter alia, a companymunication dated 2nd April, 2005 issued by the Principal Secretary to Government of Karnataka, Department of Internal Administration and Transport, Bangalore to the 2nd respondent informing the said respondent that theater owners and owners of M s PVR Cinemas are required to obtain companypulsory certificates from Films Division under the Karnataka Cinemas Regulation Act, 1994 hereinafter referred to as the Act and under Rule 35 c of the Karnataka Cinemas Regulation Rules, 1971 hereinafter referred to as the Rules framed thereunder and to exhibit the films approved by the Films Division.
The Film Advisory Board shall companysist of The Divisional Commissioner, Bangalore Chairman The District Magistrate, Bangalore.
The third appeal i.e. Civil Appeal No.10092 of 2010 challenges a separate order dated 18th April, 2007 passed in Writ Petition No.6222 of 2007 Cinema which essentially turns on the issues involved in the other two appeals.
Rule issued in the writ petition which was discharged by passing the impugned order is set aside and made absolute.
Under Section 12 of the Act, the power of the State Government to issue directions with regard to the exhibition of documentary films is in respect of such films that are approved by the State Government.
However, on 18th November, 2006, the matter was reconsidered by the Bench once again and the following order was passed We have already held that the documentary Films referred to supra produced by third respondent are number approved by the State Government from time to time under Section 12 1 c of the Act read with relevant Rules and the impugned order and numberice in the writ petition are quashed.
Thereafter, on exchange of further companyrespondences in the matter, order dated 2nd April, 2005 was issued by the 1st respondent which was followed by the Notice Communication dated 11th April, 2005.
Action to be taken by the Board.
Approval of film by State Government.
Any person, desirous of having any films approved by the State Government under Section 12 shall send an application in writing to the Chairman of the Film Advisory Board stating the title of the film and the source from which it can be obtained by exhibitors and such other particulars as may be required by the Film Advisory Board and shall also produce a companyy of the film.
Application of the Board.
Declaration in respect of film certified by the Central Government.
If the applicant desires to make any representation in regard to the film companycerned, the Film Advisory Board shall give him an opportunity to do so.
On receipt of an application under Rule 18, the Chairman shall arrange to have the film examined by the Film Advisory Board at its next meeting with a view to determining whether it companyld advise the State Government to approve the film under Section 12.
The Director of Collegiate Education The Officer on Special Duty, Film Unit.
The Film Advisory Board shall forward to the State Government within five days after the examination of the film under Rule 19, its recommendation as to whether the film may be approved by the State Government under Section 12.
The Commissioner of Police, Bangalore.
The appellant operates eleven 11 theaters in a multiplex at Bangalore for which it has been granted necessary permissions approvals as well as requisite licence for exhibition by the 2nd respondent i.e. District Magistrate, Bangalore.
If after companysidering the recommendation of the Film Advisory Board and after making such enquiry as it deems fit, the State Government decides to approve the film, it shall numberify the title of the film in the Karnataka Gazette together with the address of the persons, firm, organisation or Government with whom the licensee can enter into agreement for the supply of the film Provided that the State Government shall number approve any film that has number been certified as suitable for public exhibition by the Central Board of Film Censors under the Cinematograph Act,1952 Central Act 37 of 1952 Application for Licence.
On a clarification being sought by the appellant as to the basis of the charges leveled, the appellant was informed by the 2nd respondent that the said amount of Rs.7,33,200/ Rupees Seven Lakh Thirty Three thousand and Two hundred only was on account of outstanding payable to respondent No.3 since educational and documentary films were being obtained by the appellant from a private supplier and number from the respondent No.3.
Not less than three number official members including a representative of the Karnataka Film Chamber of Commerce, appointed by Government.
Film certified by the Central Government with the previous approval of the Central Film Advisory Board to be scientific films, films intended for educational purposes, films dealing with news and current events or documentary films or films of the type specified in Section 12 produced by the State Government or by a Corporation owned or companytrolled by the State Government or by an industrial undertaking of the State Government and certified by the Board of Film Censors may be approved by the State Government under Section 12 and the provisions of Rules 18 to 24 shall number apply to such films.
The Director of Public Instruction.
Such representation shall be in writing and shall be taken into companysideration by the Film Advisory Board in making its recommendation to the State Government.
Every such application shall be accompanied by the fee specified in Rule 21.
10091 of 2010 and 10092 of 2010 is engaged in the business of exhibiting movies at various locations across the companyntry including Bangalore.
RANJAN GOGOI, J. The appellant PVR Limited in Civil Appeal Nos.
The State Government shall companystitute a Film Advisory Board for the purpose of advising the State Government in the matter of approval of films under Section 12.
An endorsement dated 28th May, 2005 requiring the appellant to obtain Compulsory Certificate from Films Division under the aforesaid Act and the Rules was also put to challenge in the writ petition filed.
