D. L. MEHTA, J. - (1.) A common question is involved in both the writ petitions so it will be convenient to dispose them of by a single Order.
(2.) THIS writ petition is directed against the order passed by the Collector and District Magistrate, Jodhpur dated 2. 3. 1983 vide Ex. 3. The Collector has directed that exhibition of Video cassette is against the provisions of Cinema Regulation Act. He has further directed that the exhibition should be stopped within 24 hours. Petitioner's submission is that he is running restaurant having a capacity of 90 persons at a time and in the Restaurant Soft drinks, snakes and south Indian dishes are served to the customers. The customer is not supposed to take away the material supplied by us out side the hotel. They also provide certain things for the entertainment and comfort of the customers and the amount which is being realised by them is virtually the service charges. Their further submission is that the petitioner displays Video cassette recorder and displays feature films, cultural films, some time the cassette of Hindi and English movie are also displayed. Petitioner has further submitted that the Video cassette recorder which is being used by the petitioner is licensed under the Indian Telegraphs Act as T. V. No. 5. He has produced the copy of the license marked Ex. 1 Petitioner's submission is that Video cassette recorder is nothing but an advanced and more developed shape of television which is capable of receiving signs, singal, images, writing sound of any nature by radio waves. Petitioner has submitted that the provisions of India Telegraphs Act, 1885 applies and for this reason he has obtained license under the Act of 1885. Petitioner has challenged the order Ex. 3 on the following grounds:- 1. Provisions of Indian Cinematograph Act, 1952 as well as the Cinema Regulations Act of 1952 does not apply; 2. That the aforesaid notice and the order Ex. 3 is vague, inasmuch as it has not been pointed out as to which of the provisions of the Act of 1952 have been violated; 3. The principle of audi alteram parton has been violated as the order has been passed without giving him an opportunity of explaining that the provisions of the Act of 1952 or the previsions of Cinema Regulations Act 1952 does not apply in the case of the petitioner. Petitioner further submits that the order passed by the learned District Magistrate is without jurisdiction. The State Legislature is not competent to put any restriction on Video cassette recorder or exhibition of the cassettes. He further submits that Entry No. 60 of the Schedule 7 List I is having an ever riding effect on Entry No. 33 of Schedule 7 List II and the provisions of the Regulation Act of 1952, cannot be invoked to restrict the trade and commerce which the petitioner is running. On behalf of the respondents a reply has been filed to the stay petition and it was stated that the provisions of the Cinematograph Act 1952 as well as Rajasthan Cinema Regulation Act of 1952 are applicable. An application was moved by Mr. M. Mridul on behalf of the Jodhpur Cinema Exhibitors Association under Rule 380 of the High Court of Judicature for Rajasthan Rules, 1952. A prayer was made that the Association may be made a party to the writ petition and to array as one of the respondents and the Association be permitted to file reply to the writ petition submitted before the Court. Mr. Mridul was allowed to appear as an intervener in the Case. Prayer was made for the disposal of this petition at this stage and it was accepted.
(3.) THE Cinematograph Act 1952 (hereinafter to be referred to as "act of 1952") has been enacted by the Legislature after repealing the Cinematograph Act of 1918 (hereinafter to be referred to as "the Act of 1918) as it stood was a mixed context dealing with two separate matters viz. (a) examination and certification of films as suitable for public exhibition and (b) regulation of cinemas including their licensing. Under 7th Schedule of the Constitution 'sanctioning of Cinematograph films for exhibition' has been included in Entry 60 of the Union List and 'cinemas subject to the provisions of Entry 60 of the List I' in Entry 33 of the State List. Some of the Sections of the Cinematograph Act, therefore, concern the Central Government and some of them the State Government and others both the Central and State Governments. In the absence of a clear demarcation of the respective provisions of the Act with which the Central and State Governments are concerned, various difficulties were arising in the administration of the Act. To meet out the difficulty so arison the Cinematograph Act of 1952 has been enacted In Section 1 Clause (2) it provides that parts I, II and IV extends to the whole of India and Part III extends to Union territories only. This has been done to meet out the requirements of the Constitution specially Entry 60 of List I and Entry 33 of List II. To meet out the vacuum the Rajasthan Cinema Regulation Act No. XXX of 1952 was enacted. Section 2 (c) of the Cinematograph Act of 1952 defines 'cinematograph', which reads as under: - "cinematograph" includes any apparatus for the representation of moving pictures or series of pictures. " Under Section 2 (de) 'film' has been defined, which reads as under:- "film" means a cinematograph film". ;