Amendment status not verified — confirm the current text below against the official source.
Power of state government to assume jurisdiction of licensing authority:- The state government is not justified in assuming jurisdiction which has been conferred on the licensing authority under section 5 of the Punjab Cinemas ( Regulation ) Act, 1952. The scheme of the statute is that when an application for licences is made it has to be considered by the licensing authority and dealt with under section 5 of the Act. If therefore the state government requires all applications for licences to be forwarded to it really converts itself to be the real authority itself. This is not permissible because State Government has been given the right to hear an appeal against the order of rejection of the applications for licence. This view was expressed in State of Pb. v. Hari Krishan , AIR 1966 SC 1081 affirming the view expressed by Punjab High Court in ILR 1961 (2) Pb. 831. 13 Authority which is to grant licences acting on the direction of higher authorities:- In a case arising under the Punjab excise Act, it was held that if any authority has been vested with the power to grant a liecence it is that authority which must exercise that power and if power is exercised by some other authority , the exercise of that power would be showy void. Kans Raj v. Dy. E.T.O., AIR 1965 Pb. 284 . The Divsion Bench of the High Court placed reliance on the decision given by the Supreme Court in Commissioner of Police v. Goverdhan Dass , AIR 1952 SC 16. It may be mentioned here that the decision given in Hari Krishan Shasrma v. Pb. State ILR 1961 (2) Pb. 831 was also relied upon. This decision in Hari Krishan Sharma case has since been approved by the Supreme Court in AIR 1966 SC 1081. see also Novelty Talkies. v. Pb. State, ILR 1960 (2) Pb. 276 and Pb. State v. Mehar Chand , AIR 1959 Pb. 222. In cases where a licence is granted under the instructions of the State Government , it mattaer very little as to who signed the order or the licence. The authority granting the licence in such a case is really the State Government and the function of the licensing authority becomes merely an ministerial function. AIR 1955 All. 82.