Amendment status not verified — confirm the current text below against the official source.
Control and issusnce of directions:- Thus if a rule cannot be framed then instructions cannot be issued on the same subject. However, the state Government has the power to interface after the District Magistrate has himself exercised his discretion. AIR 1956 All 99. The power of the licensing authority to issue licences is subject to the control of the State Government and the State has the power to direct the licensing authority to grant a license to a particular individual. the State Government may set aside the orders of the licensing authority and issue and direction in this respect which it may consider fir or proper. AIR 1955 ALL 82. The State Government may issue directions at variance with their own prior orders when such orders have not assumed the shape of statutory rules. AIR 1957 A.P 513. 3.Requirements as to building of a particular structure:- The provisions requiring a theatre to be constructed in accordance with regulation made under the Act has to be complied with R.v Hannery, 1891 (2) Q.B.709 . It was held that such provision would apply to building which were errected or come into existence after the passing of the Act. London County council v. Hall of Arts. 1913 (110) LT. 28. The requirement to keep gangways and passages is mandatory and its breach can be punished . Putters v. watt . 1914 (84) LJ KB 394. The refusal of the Corporation to sanction the plan on the ground that the adjoining streets were narrow was quashed in Exparte Cambrige Picture Play House Ltd. 1922 (1) KB. 250. The authorities are to grant licences on such terms and conditions and under such restrictions as the authority may by respective licenses determine . Such terms must be reasonable and may be formulated generally subject to the right of each applicant to contend when applying for licence that they should not be imposed in his case. A licence was issued subject to a condition that no film should be exhibited to which objection was taken by any three of the licensing justices, it was held that the condition was unreasonable and invalid . R. v. Burnley, 1916 (85) LJ KB . 1565. In this case however the condition that children attending the school are to be excluded in case the medical officer notifies the prevalence of any infectious disease was held to be valid. where the licensing authority notifies that a particular films is not to be shown then a licensee or a cinema owner has got no locus standi to come to the court and challenge that the condition is unreasonable. Ex-parte Stort 1916 ( 1, KB 7.)