AIR 2002 ANDHRA PRADESH 155

Andhra Pradesh High Court

Hon'ble Judge(s): A. Gopala Reddy , J

Andhra Pradesh Cinemas (Regulation) Act (4 of 1955) , S.5, S.6— Andhra Pradesh Cinemas (Regulation) Rules (1970) , R.7A— Cinema theatre - Permission for alteration of cinema theatre into shops for commercial use - Cannot be given by licensing authority under R. 7-A of Cinemas (Regulation) Rules. Andhra Pradesh Municipalities Act (6 of 1965) , S.209, S.211, S.217— Andhra Pradesh Building Rules , R.2— Unless S. 6 of Cinemas Regulation Act is amended suitably by incorporating Municipalities Act therein in place of repealed A.P. (Andhra Area) District Municipalities Act, Rule 7-A will not empower the Joint Collector i.e. the licensing authority to issue permission for alteration of cinema theatre or any part thereof into a commercial use. It is well recognised principle of statute that conferment of rule making power by an Act does not enable the rule making authority to make a rule which travels beyond the scope of Act or which is inconsistent therewith. Though sub-rule (2) of R. 7 -A enables the licensing authority under the Cinemas Regulation Act to exercise the powers of Municipal Council or the Chairman or the Executive Authority as per rules under the Municipalities Act for the purpose specified in Ss. 6 and 11(2)(a) of Cinemas Regulations Act to grant permission for the construction of a building including cinema theatre which saves the app....