( 1 ) ALL these writ petitions have been presented by the touring cinema owners challenging certain provisions of the Karnataka Cinemas (Regulation) Rules, 1971 (hereinafter referred to as 'the rules') on the ground that they are violative of Arts. 14 and 19 (1) (g) of the Constitution. As common questions or law and facts arise for consideration, they are being disposed of by this common order. ( 2 ) THE provisions of the Rules challenged are as follows:-- (i) sub-rules (2) of the R. 98 which compels touring cinema owners to stop their touring cinemas at least for a period of one month if they intend to continue their cinemas on the same site, which reads as follows: "98. Grant or Refusal of Licence- (2) No licence in respect of a site shall be granted or regranted continuously for a period exceeding one year unless one month has lapsed after the expiry of said period of one year. " (ii) Sub-rule (5) of the 96 which compels the touring cinema owners to take fresh No Objection certificate (hereinafter referred to as 'noc') after the expiry of one year of licence of touring cinema on each occasion, reads as follows:--"96. Procedure on Application- (5) (i) The licensing authority may, on application made to it in this behalf, if satisfied, after inspection or such inquiry as it may consider necessary, that the site continues to conform to the provisions of Cls. (h), (I), (j) and (k) of sub-rule (1) of R. 27 and of R. 107 dispense with the requirements of sub-rule (1), the notice under sub-rule (2) and the procedure specified in sub-rule (3) for grant of No Objection Certificate for the second year in respect of a camp site licensed for a touring cinema during the previous year. Provided that no such exemption shall be granted in respect of a camp site which had been licensed for a period of two years excluding the break period of two specified in sub-rule (2) of r. 98 immediately preceding the date of the application. Provided that no such exemption shall be granted in respect of a camp site which had been licensed for a period of two years excluding the break period of two specified in sub-rule (2) of r. 98 immediately preceding the date of the application. (ii) the licensing authority may on application made to it for grant of a No Objection Certificate to run a touring cinema in any jatra, mela or other similar occasion for a period of one week before the commencement of such jatra, mela or other similar occasion and for one week after the closure thereof, if satisfied after inspection or such inquiry as it deems fit that the site for which the application has been made conforms to provisions of Cls. (h), (i), (j) and (k) of sub-rule (1) of R. 27 and of R. 107, grant the Certificate applied for despensing with the procedure specified in this rules for the grant of No Objection Certificate. "(iii) R. 107 which prohibits the location of a touring cinema within a distance of 1. 6 kilometres from the location of a permanent cinema and also which prohibits the location of a touring cinema in towns and cities having a population of fifteen thousand or more and within a distance of 1. 6 kilometers from the limits of such towns and cities, reads as follows:-"107. Restrictions on the grant of Touring Cinema Licences:-- (1) No licence for a touring cinema shall be granted- (a) in respect of a site situates within the distance of 1. 6 kilometers from a permanent cinema or 800 meters from another touring cinema; (b) in towns and cities having a population of fifteen thousand or more and within a distance of 1. 6 kilometers from the limits of such towns and cities. Explanation:-For the purposes of this rule, "distance" shall be reckoned along the shortest pathway, lane, street, or road connecting the two cinemas and generally used by members of the public. (2) Subject to sub-rule (1), there shall be no other restrictions to grant licences for touring cinemas. 6 kilometers from the limits of such towns and cities. Explanation:-For the purposes of this rule, "distance" shall be reckoned along the shortest pathway, lane, street, or road connecting the two cinemas and generally used by members of the public. (2) Subject to sub-rule (1), there shall be no other restrictions to grant licences for touring cinemas. " ( 3 ) SRIYUTHS v. Krishna Murthy, H. B. Datar and M. R. Achar, learned counsel appearing for the petitioners and Sri Doddakalegowa, learned Government Advocate appearing for the State and sriyuths K. K. Venugopal, R. U. Goulay and S. G. Bhat, learned counsel appearing for the interveners-Permanent cinema owners, addressed arguments in support of their respective contentions. ( 4 ) THE contentions urged for the petitioners are as follows:-- (i) R. 96 (5) of the Rules which insists on the requirement of NOC after the expiry of one year's licence for a touring cinema on each occasion for the location of the touring cinema on the same site in respect of which a NOC was granted earlier, is violative of Articles 14 and 19 (1) (g) of the constitution. (ii) Clause (a) of sub-rule (1) of R. 107 of the Rules which prohibits the grant of a licence to a touring cinema on a site located within 1. 6 kilometers from the location of a permanent cinema theatre is violative of Arts. 14 and 19 (1) (g) of the Constitution and, therefore, S. 19 (2) of the Act which empowers the rule making authority to frame such a rule making authority to frame such a rule is also void as offending Arts. 14 and 19 (1) (g) of the Constitution. (iii) In any event, R. 96 (5) of the Rules which insists on the observance of the procedure prescribed in sub-rules (1) to (4) of the said rule for grant of NOC for every third year amounts to an unreasonable restriction on the fundamental right to carry on business granted under clause (g) of Art 19 (1) of the Constitution. (iv) Clause (b) of sub-rule (1) of R. 107 of the Rules which prohibits grant of licence to a touring cinema in cities and towns having a population of fifteen thousand or more and within a distance of 1. 6 kilometers from the limits of such cities and towns is violative of Art. 19 (1) (g) of the constitution. (iv) Clause (b) of sub-rule (1) of R. 107 of the Rules which prohibits grant of licence to a touring cinema in cities and towns having a population of fifteen thousand or more and within a distance of 1. 6 kilometers from the limits of such cities and towns is violative of Art. 19 (1) (g) of the constitution. (v) R. 98 (2) of the Rules which compels a touring cinema owner to stop cinema for a month every year is violative of Art. 19 (1) (g) of the Constitution. 4-A. Before dealing with the contentions urged for the petitioners, it is necessary to set out the salient features of the Karnataka Cinemas (Regulation) Act, 1964 (hereinafter referred to as 'the act') and the Rules. The Act was enacted by the Legislature for regulating exhibition by means of cinematographs and licensing places in which cinematograph films are exhibited in the State of Karnataka. S. 4 of the Act provides that no person shall give a cinematograph exhibition elsewhere than any place licenced under the Act. The place is defined by S. 2 (4) of the Act as, inter alia, houses, buildings, tents, enclosures. S. 5 of the Act provides for taking a license for exhibiting a cinematograph by a person who intends to do so. S. 6 of the Act prohibits (sic) the matters which should be taken into consideration for the grant of licence, which reads as follows:-- "6 Matters to be considered by Licensing Authority-The licensing authority shall, in deciding whether to grant or refuse a licence, have regard to the following matters, namely:-- (a) the interest of the public generally ; (b) the suitability of the place where the cinematograph exhibitions are proposed to be given; (c) the adequacy of existing places for the exhibition of cinematograph films in the locality; and (d) the benefit to any other particular localities to be afforded by the opening of a new place of cinematograph exhibition and shall also take into consideration any representations made by persons already giving cinematograph exhibitions in or near the proposed locality or by any local authority or police authority within whose jurisdiction the place proposed to be licensed is situated or by any association interested in the giving of cinematograph exhibition. " Section 7 of the Act empowers the licensing authority to limit the number of places in any area in respect of which licence under the Act may be granted. S. 8 provided that the licensing authority shall not grant licence except in accordance with the provisions of the rules framed under the Act. S. 11 of the Act makes it obligatory for the person, who intends to use any place for the exhibition of cinematograph films or who, wants to use any site for construction of a building thereon for exhibition of cinematograph films and to install any machinery in any building where cinematograph films are proposed to be exhibited. The next and last important provisions to which I may refer is S. 19 which confers rule-making power. While sub-section (1)authorises the State Government to frame rules to carry out the purposes of the Act, sub-cls. (c)and (g) of S. 19 (2) provide for the making of the rules in respect of certain specified matters which are relevant for this case and read as follows:-- "19 Powers to make Rules- (1) The State Government may, by notification, after previous publication, make rules to carry out the purposes of this Act. (c)and (g) of S. 19 (2) provide for the making of the rules in respect of certain specified matters which are relevant for this case and read as follows:-- "19 Powers to make Rules- (1) The State Government may, by notification, after previous publication, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (c) the limitation of the period for which licences in respect of any place may be granted for touring cinemas, and prescribing the distance from a permanent cinema beyond which licences in respect of any place for touring cinemas may be granted; (g) (i) the procedure to be followed by persons in respect of applications for permission under S. 11; (ii) the documents and plans to be submitted, together with such application, and the fees to be paid on such application; (iii) The matters to be considered by the licensing authority before approving the site for the construction of the building or the plans for the construction or re-construction of building or the installation of machinery; (iv) the terms, conditions and restrictions subject to which the licensing authority may accord approval in respect of the matters referred to in sub clause (iii); (v) the action to be taken in cases of contravention of the terms, conditions and restrictions subject to which such approval was accorded ; (vi) the procedure to be followed by the licensing authority before granting or refusing permission under S. 11 and any other matters incidental thereto" ; ( 5 ) NOW coming to the rules, the rules classified cinemas into four categories:-- (1) Permanent cinemas; (2) Drive-in-cinemas; (3) Semi-permanent cinemas; and (4) Touring cinemas. The permanent cinemas are required to be located in permanent buildings in accordance with the conditions and specifications contained in the rules to which I shall refer as and when necessary. The semi-permanent cinemas are required to be located in some permanent structures in accordance with the requirements and specifications set out in the rules. The touring cinemas as contemplated by the rules are those which are located in any building which includes a booth, tent or similar temporary structure and which can be taken from place to place. The semi-permanent cinemas are required to be located in some permanent structures in accordance with the requirements and specifications set out in the rules. The touring cinemas as contemplated by the rules are those which are located in any building which includes a booth, tent or similar temporary structure and which can be taken from place to place. The drive-in-cinemas in all respects are similar to permanent cinemas, but the only distinction is that these are required to be located in an open place, so that the visitors may be able to see the cinema while sitting in motor cars. Having made this classification, the rule making authority has prescribed, some of the rules as common to all the cinemas and some of the rules as applicable to each category of cinema having regard to its special features, to which also I shall make reference as and when it becomes necessary. But the important rules which are specifically made applicable only to touring cinemas and the validity of which is challenged in these writ petitions are already set out earlier. ( 6 ) NOW I shall proceed to consider the contentions urged for the parties. I shall first take up for consideration the attack made by the petitioners against sub-rule (2) of R. 98 which compels the touring cinema owners to stop their cinema shows for at least a period of one month after the expiry of one year's licence if they intend to continue the cinema on the same site. The contention of the petitioners is that this is an unreasonable restriction imposed on the fundamental right of the petitioners to do business guaranteed under Arts. 19 (1) (g) of the constitution and the same is not a restriction to serve any public interest for which alone the state is empowered to impose reasonable restrictions on the exercise of the right to do business under clause (6) of Art 19. They particularly stressed that on account of the prohibition contained in sub-rule (2) of R. 98, the touring cinema owners are compelled to stop their business for a period of one month during which period they have no other alternative than to bear the establishment and other expenditure apart from losing the income. They particularly stressed that on account of the prohibition contained in sub-rule (2) of R. 98, the touring cinema owners are compelled to stop their business for a period of one month during which period they have no other alternative than to bear the establishment and other expenditure apart from losing the income. The learned Government advocate however submitted that the validity of the above rule with reference to the attack that it violates Art. 19 (1) (g) of the Constitution has been upheld by the decision of this Court in Sri Laxmi Touring Talkies v. State of Karnataka, AIR 1975 Kant 37. The learned counsel for the petitioners stated that the above matter is pending in writ appeal. Though the matter is pending in writ appeal, the said judgment is binding on me. Therefore, I reject the contention urged for the petitioners following the judgment in Sri Laxmi Touring Talkies' case without expressing my opinion on the contention urged for the petitioners as the matter is under consideration before the Division Bench. ( 7 ) I shall now deal with the contention of the petitioners with reference to sub-rule (5) of R. 96 of the Rules R. 96 of the Rules prescribed the procedure for the grant of NOC for locating a touring cinema on any given site. Sub-rule (1) of R. 96 provides that on receipt of an application for grant of NOC the licensing authority should notify the application in at least two local newspapers and call for objections to such an application within 15 days from the date of publication. Sub-rule (2) of R. 96 also provides for the putting up of a board of specific size ion the site indicating that NOC has been asked for in respect of the said site. Sub-rule (3) of R. 96 prescribes for consultation with the local authorities Sub-rule (4) provides for the granting of refusing NOC after considering the objections received from the members of the public or the local authorities, as the case may be. Sub-rule (5) makes it obligatory for the touring cinema owners to secure NOC for locating touring cinemas even in respect of the same site after expiry of one year's licence on each occasion. Sub-rule (5) makes it obligatory for the touring cinema owners to secure NOC for locating touring cinemas even in respect of the same site after expiry of one year's licence on each occasion. However, in respect of the second year, according to this sub-rule, the elaborate procedure prescribed under sub-rules (1) to (4) referred to above is dispensed with and the licensing authority authorised to grant NOC after ensuring that the requirements of cls. (h) to (j) or sub-rule (1) of R. 27 are complied with. Clause (b) of sub-rule (1) of R. 27 which prescribes the area in which alone a permanent and semi-permanent cinemas are to be located and cls. (b) to (j) of that sub-rule, which are applicable to all the three types of cinemas at the time of grant of NOC read as follows:-- "27. Conditions for the grant of No Objection Certificate (1) No Objection Certificate shall not be granted under this Chapter in respect of any cinema unless: (b) (i) the cinema site is situated in a predominantly commercial area or in the proposed commercial zone in any outline Development Plan or Comprehensive Development Plan prepared for the area by a competent authority under S. 4 (c) of a Karnataka Town and Country planning Act, 1961 or the Local Authority concerned: provided that where an outline or comprehensive Development has not been prepared existing predominantly commercial areas shall be taken into consideration. (ii) in case of rural areas having no commercial area, it lies in the outskirts of such area: (h) the cinema site is situated at a place where it is not likely to cause traffic difficulties. (ii) in case of rural areas having no commercial area, it lies in the outskirts of such area: (h) the cinema site is situated at a place where it is not likely to cause traffic difficulties. (I) the cinema site is at a distance of not less than:- (a) fifty metres from (i) any existing petrol bunk or place licensed for a petrol bunk and other places of fire resort; or (ii) any place of community worship, cremation ground, graveyard or cemetery in use; or (iii) any recognised educational institution or any residential institution attached to such education institutions; or (iv) any public hospital or a private nursing home; or (v) any recognised orphanage; or (vi) any thickly populated residential area or an area used generally for residential purposes as distinguished from business purposes; and provided that the licensing authority may, if the proposal is to construct a sound proof cinema building, at its discretion, in public interest, considering the suitability of the place, for reasons to be recorded in writing after inspection of the proposed site, relax, subject to such conditions as it may consider necessary to impose in each case, all or any of the conditions specified in items (i)to (vi ). Provided further that considering the facts and circumstances of each case different conditions may be imposed in different cases. (b) one hundred meters from any protected monument, defence installations, national parks, museums, and buildings in which main telephone or telegraph or wireless or telecommunication installations are located; (j) the cinema site is in an elevated place or is free from dampness having proper drainage arrangements; and (k) the cinema site is having space for shelter cycle stand for a minimum of fifty cycles. " From the provisions of the aforesaid rules, it may be seen that the conditions imposed in the aforesaid rule in public interest. The learned counsel for the petitioner also fairly conceded that the conditions imposed in the aforesaid rule are in public interest and, therefore, it can be insisted upon. ( 8 ) BUT the objection raised in their 1st contention is that having once certified that a given site conforms to R. 27 (1) (h) to (j) and after granting NOC there is absolutely no justification for insisting on the securing of NOC after expiry of one year. ( 8 ) BUT the objection raised in their 1st contention is that having once certified that a given site conforms to R. 27 (1) (h) to (j) and after granting NOC there is absolutely no justification for insisting on the securing of NOC after expiry of one year. The learned counsel for the petitioners argued that while Art. 14 admits of the State making reasonable classification for purposes of legislation having due regard to the object sought to be achieved, it prohibits dissimilar treatment to similarly situated persons. Therefore, they submitted that in order that a legislative provisions should not violate the injunction against the State incorporated in Art. 14, the classification must be a reasonable and not artificial. In support of this submission they relied on the decision of the supreme Court in State of Jammu and Kashmir v. Triloki Nath Khosa, AIR1974 SC 1 , 1974 Lablc1 , (1974 )I LLJ121 SC , (1974 )1 SCC19 , [1974 ]1 SCR771. The relevant portion reads as follows (at p. 11):-- "37. Classification, however, is fraught with the danger that it may produce artificial inequalities and therefore, the right to classify is hedged in with salient restraints; or else, the guarantee of equality will be submerged in class legislation masquerading as laws meant to govern well marked classes characterized by different and distinct attainments. Classification, therefore, must be truly founded on substantial differences which distinguish persons grouped together from those left out of the group and such differential attributes must bear a just and rational relation to the object sought to be achieved. " They also relied on the decision of the Supreme Court in Income-tax Officer v. Lawrence Singh, AIR1968 SC 658 , [1968 ]68 ITR272 (SC ), [1968 ]2 SCR165. On the basis of the above decisions it was submitted that in the matter of grant of NOC permanent and semi-permanent cinemas and touring cinemas are all similarly situated and, therefore, R. 96 (5) which insists on obtaining of NOC after every year of licence, is clearly discriminatory as under r. 111r NOC issued to a semi-permanent cinema holds good for 10 years, and under R. 36 NOC issued to a permanent cinema holds good for ever and, therefore, the rule is liable to be struck down as violative of Art. 14 of the Constitution. ( 9 ) LET me now examine as to whether the classification of cinemas into three categories has any rational basis. In this behalf, in the first instance, I shall refer to a Full Bench decision of this court in W. A. No. 810 of 1974 (Kant) and connected appeals. In that case the question referred to Full Bench was as to whether R. 107 (1) (b) of the Rules as it stood then which prohibited the granting of a touring cinema licence in towns having a population of 25, 000 or more was beyond the power conferred on the rule-making authority. In that case the Full Bench considered the object and purpose of the rules and upheld the classification as falling within the object and purposes of the Act. The relevant portion of the said order reads as follows:- "10. It now remains to consider the board scheme of the Rules. The Government has classified the cinemas into four categories, namely: permanent cinemas, drive-in cinemas, semi-permanent cinemas and touring cinemas. Rr. 25 to 29 in Chap. IV of Part II regulate the grant of "no objection Certificate" and licence for permanent cinemas. Rr. 111-A to 111-D in Chapter XII-A of Part IV-A provide for grant of "no Objection Certificate" and licence drive-in-cinemas; chapter XII of Part IV provides for grant of licence to touring cinemas; and Chap. XII-B of Part iv-B provides for grant of licence to semi-permanent cinemas. A perusal of these rules indicate that they are not uniform in nature and scope, and indeed they cannot be as they are intended to apply to different cinemas. The grant of licence to a touring cinema in towns and cities having a population of 25, 000 and more is prohibited by the impugned rule. Likewise, the grant of NOC for location of semi-permanent cinema in towns and cities the population of which is 50, 000 or above, is prohibited by R. 111-G of the Rules. No such restriction, however, has been imposed for location of any permanent cinema or drive-in-cinema. This is quite understandable. The people are not prevented from constructing permanent cinema or drive-in-cinema in any place. But who will go to small towns or tiny hamlets to incest lakhs and lakhs of rupees in the construction of permanent cinemas ? No such restriction, however, has been imposed for location of any permanent cinema or drive-in-cinema. This is quite understandable. The people are not prevented from constructing permanent cinema or drive-in-cinema in any place. But who will go to small towns or tiny hamlets to incest lakhs and lakhs of rupees in the construction of permanent cinemas ? It is of common knowledge that a construction of permanent cinema requires a substantial capital and certainly demands a corresponding return. Such cinemas quite naturally-are clustered in cities or in urban areas. To deny them licence in cities and ask to go to villages where there is hardly any scope for such large investment may be prima facie unreasonable. 11. How then to serve the rural areas by cinematograph exhibitions? This question may be approached against the background of the general description of the State of Karnataka, which has been neatly given in the 'document of International Bank for Reconstruction and development, International Development Association', published of 7th March, 1973. From the statistics given therein at page 3, it is clear that the State has an area of about 1, 92, 000 kilometers; it has a coastline of about 300 kilometres; population is about 29. 3 million (provisional figures of 1971 population census ). That represents some 5. 5 percent of the total population of India. About 76 per cent of the population live in rural areas, that is, in 29, 500 villages. The remaining 24 per cent live in the State's 245 towns and about one-half (12%)remain in the 11 principal centres of over 1, 00, 000 people. Some 6. 7 million persons are engaged in agriculture, representing 65 per cent of the total working population. For administrative purposes, the State is divided into four divisions-19 districts and 175 taluks (Administrative Units ). The economy of the State is fairly diversified with agriculture contributing some 61 per cent to GNP. 12. The above statistics reveal that about 76 per cent of the population live in rural areas, and 65 per cent of the total working population are engaged in agriculture. Today cinematograph exhibitions constitute mass-media whose importance and significance is not inconsiderable, and properly utilised can be a powerful instrument in the dissemination of information and can be instrument of social reconstruction. Conceptionally, cinema is not a mere source of entertainment. Motion pictures can be a means of educational value. Today cinematograph exhibitions constitute mass-media whose importance and significance is not inconsiderable, and properly utilised can be a powerful instrument in the dissemination of information and can be instrument of social reconstruction. Conceptionally, cinema is not a mere source of entertainment. Motion pictures can be a means of educational value. Indeed films of the films division of Government are intended to be educative and informative in the social, cultural, economic and political fields. In order to serve the interest of the public generally and to benefit by and large every sector of the people-as enjoined by S. 6 of the Act-the rule making authority appeals to have classified the cinemas into the said four categories of which the touring cinema constitutes one. It is evidently intended that the large mass of rural populace should also have access to and the benefit of this source of information and recreation. In the very nature of the description of 'touring cinema', it is primarily meant for touring or moving from place to place. To make it conveniently mobile R. 98 defines "building" and "touring Cinema" as follows:--"r. 89. (1) 'building' including any booth, tent or similar structure ; (2) " Touring cinema' means, - (i) an outfit comprising the cinema apparatus and plant and the accessories taken from place to place in the State of Karnataka for giving cinema exhibitions: or (ii) an outfit comprising cinema apparatus and plant taken from place to place in the State of karnataka for conducting shows in any local theatre or hall. " the description of the "building" and the definition of "touring cinema" clearly indicate that a proprietor of a touring cinema is not required to make heavy investment. He could exhibit cinematographs in a tent or like structure. He could conveniently shift the structure and the outfit from one place to another, if he cannot attract people at a given place. "13. Such being the facilities for touring cinemas, can it be said that a rule limiting its operation only in towns or cities having less than 25, 000 people is invalid or ultra vires of the Act. We do not think so. The Act does not provide for the classification and establishment of permanent cinema, drive-in cinema, semi-permanent cinema and touring cinema. It is only under the rules framed under the Act, that these four categories have been provided for. We do not think so. The Act does not provide for the classification and establishment of permanent cinema, drive-in cinema, semi-permanent cinema and touring cinema. It is only under the rules framed under the Act, that these four categories have been provided for. The classification of cinemas into the said four categories is not inconsistent with the purposes of the Act. No doubt, as observed in Laxmi Touring Talkies' case, (1975) 1 Kant LJ 419: (AIR 1975 Kant 37) the Act is intended to regulate and not to prohibit or discourage any one of the said cinemas. But asking touring cinemas to confine their cinematograph exhibitions in towns or cities having less than 25, 000 population does not amount to prohibiting or discouraging the said cinemas. The rule in question does not prohibit touring cinemas from exhibiting cinematograph, but only carves out places or localities for exhibitions perhaps having regard to the element of mobility and the smallness of investments involved. The rule is evidently to carry out the purposes of the Act, viz. , to serve the interest of the public generally and to extent the benefit of cinematographs to places having less than 25, 000 population. " It is no doubt true that in the said judgment, the validity of the rule was not challenged. However, the basis for classification of cinemas into three categories was upheld as falling within the object and purpose of the Act. The said reasoning equally applies to find out as to whether the classification between three kinds of cinemas made in the rules is a reasonable one. In addition to the reasons given in the aforesaid judgment, I find that there are a few more basis to hold that the classification is reasonable. In this behalf, I shall only refer to a few important provisions in the rules applicable to the three types of cinemas which are necessary to find out whether the classification made by the rule-making authority is good. (I) Requisition: Permanent cinemas: r. 27 (1) (a) to (g) applies to permanent cinemas and not for touring cinemas. Cl (a) of sub-rule (1) of the said rule provides that if the total number of seats in the proposed cinema building is more than six hundred seats, the area of the site must be 1, 350 square metres with one side of not less than 23 mtrs. Cl (a) of sub-rule (1) of the said rule provides that if the total number of seats in the proposed cinema building is more than six hundred seats, the area of the site must be 1, 350 square metres with one side of not less than 23 mtrs. Abutting the road and if the total number of seats in the proposed cinema is six hundred or less, the area should be at least 1, 000 square metre with one side of not less than 23 metres abutting the road. According to Clause (b) the site for a permanent cinema must be located in a predominantly commercial area or in the proposes commercial zone in any outline development Plan or Comprehensive Development Plan prepared for the area by a competent authority under the Karnataka Town and Country Planning Act, 1961 or the Local Authorities concerned and in the case of rural areas where there is no commercial area, the site should lie in the outskirts of such area. According to Clause (d), the cinema building must have afront set back as prescribed in the Karnataka Highway Rules, 1968, when it lies outside the limits of any local authority. Clause (e) provides that cinema sites must have suitable means of entrance and exit for the public and should have sufficient parking space for cars as prescribed in the said rule. According to Clause (g), the clear distance between the cinema building and inner limits of the compound wall and between cinema building and all other buildings in same compound shall not be less than eight metres at the entrance side and four and half metres at the other side. According to R. 44, the cinema building is required to be enclosed with proper external or party walls of brick, stone, concrete and R. C. C. In accordance with the thickness prescribed in the said rule. R. 45 prescribes the specification about the building material. R. 46 prescribes specification about the construction of auditorium. R. 48 prescribes the standard for projection room. R. 49 prescribes the condition regarding sitting accommodation. R. 50 prescribes the size of the passage, corridors etc. , for permanent cinema building. R. 51 prescribes the condition regarding doors. R, 52 prescribes the conditions regarding size and number of windows and ventilators. R. 46 prescribes specification about the construction of auditorium. R. 48 prescribes the standard for projection room. R. 49 prescribes the condition regarding sitting accommodation. R. 50 prescribes the size of the passage, corridors etc. , for permanent cinema building. R. 51 prescribes the condition regarding doors. R, 52 prescribes the conditions regarding size and number of windows and ventilators. R. 54 prescribes that every cinema should be provided with sufficient number of water closets and urinals within the main building for men and women separately. R. 74 provides that every permanent cinema situated in a place provided with telephone services should have telephone and R. 75 prescribes the maintaining of fire fighting apparatus. R. 77 prescribes rules regulating the maintenance of cleanliness in permanent cinemas. (ii) Requisition: Semi-permanent cinemas: by virtue of R. 111-E, the semi-permanent cinema building is a non luxury cinema building constructed for permanent use. Items (b), (c), (d) and (e) of sub-rule (1) of R. 28, which are applicable to permanent cinemas are made applicable to semi-permanent cinemas. According to rule 111-G NOC for the location of semi-permanent cinemas cannot be granted in towns and cites the population of which is 50, 000 or more or in places where the total number of existing permanent cinemas and semi-permanent cinemas exceed the number of permanent cinemas prescribed under sub-rule (2) of R. 27. According to R. 111-S, the front portion of the semi-permanent cinemas premises shall be masonry construction of sufficient height and the remaining portion may be barbed wire fencing or any other locally available suitable material so as to prevent outside public from causing any inconvenience to the persons with the premises. R. 111-T prescribes the nature of the building material that should be used for the construction of a semi-permanent cinema building. According to the said rule, a semi-permanent cinema building as far as possible should be constructed with building materials locally available such as stone, brick, lime, mud, A. C. Sheets. It also prescribed that the doors and windows may be of A. C. Sheet panels or wooden and that external walls may be of either brick in lime or mud and the height of eaves shall be not less than 2. 6 metres or with dwarf walls below and canvas or that it covering below the roof. It also prescribed that the doors and windows may be of A. C. Sheet panels or wooden and that external walls may be of either brick in lime or mud and the height of eaves shall be not less than 2. 6 metres or with dwarf walls below and canvas or that it covering below the roof. R. 111-K of the Rules prescribes the size of the site and the distance from the public road. The said rules reads as follows:--"111-K. Conditions regarding the site for the grant of No Objection Certificate.-No Objection Certificate shall not be granted under this Chapter unless- (a) the cinema site is of a minimum area of- (i) if the total number of