ASHOK KUMAR MATHUR, J. - (1.) ALL the writ petitions mentioned in the Appendix 'A' are disposed of by this common order as common questions of law and fact are involved in these writ -petitions.
(2.) FOR the convenient disposal of these petitions, the facts of the case in S.B. Civil Writ Petition No. 2141 of 1984 Ghoomar Cafe v. State of Rajasthan are taken into consideration. The petitioner is carrying on his business as a sole proprietor in the name of Ghoomar Cafe at Ghas Mandi Road, Jodhpur. The petitioner is having a V.C.R. and T.V. in respect of which he has regularly paying the licence fee for the commercial use of the same. He further submits that he is using V.C.R. and T.V. for the entertainment of his customers. He submits that he is paying entertainment -tax in respect of the above V.C.R. and T.V. under the Rajasthan Entertainment and Advertisement Tax Act, 1957. He further submits that he displays the Video Cassette Films duly certified under the Act. He submits that he has been given threatenings by the non -petitioner of seizing the V.C.R. and T.V. He further submits that the respondents are unauthorisedly interfering with the business of the petitioner for one reason or the other. Mr. Kewal Chand has brought to my notice the letter of the State Government dated 10 -2 -1986 addressed to all the Collectors in Rajasthan. It has been directed that the question of use of V.C.R. and V.C.P. for commercial purposes should not be interfered with and the Rajasthan Cinema Regulations Act, 1952 has not been amended so as to make the T.V. and V.C.R. holders to have a licence for exhibition of films Therefore, in the absence of legal requirement licence should not be insisted upon and T.V. and V.C.R. should not be seized. It was further mentioned that the Government is seriously contemplating to bring the legislation on the subject. Copy of the letter'dated 10 -2 -1986 is reproduced as under: GOVERNMENT OF RAJASTHAN HOME (Group -V). DEPARTMENT No. F. 1/7(17) Home -V/85 JaipurDated 10th February, 1986To, The District Magistrate, Dholpur, Sub : Grant of licence for VCRs/VCPs Sir, I am directed to refer to your letter No F. 22(2) Judl/85/3094, dated 11 -9 -1985 on the above subject, and to say that since the Rajasthan Cinema Regulations Act, 1952 has not been amended, strictly speaking no licence is required from exhibition of films through VCRs/VCPs legally. However, the District Magistrate, for administrative reasons and in public interest, are issuing such licences of their own in usual form with such additional conditions as may be necessary to regulate exhibition in larger 'ublic interest. In the absence of legal requirement to have a licence, the VIDEOs cannot be seized for this reason. The State Government is shortly coming with 'THE RAJASTHAN VIDEO FILMS (REGULATION) ACT', which provides for regulation of exhibition on VIDEOs. However, it may be noted that there are two other provisions - (1) the amended Cinematograph (Certification) Rules, 1983 whereby only the films certified as such for exhibition in VIDEOs BY THE BOARD OF FILM CERTIFICATION for Videos can be exhibited; and (2) the compliance of the Copy Right (Amendment) Act, 1984 under which action can be taken against those contravening the provisions of the aforesaid Rules and Act. Thus it may be clarified that while a VIDEO found exhibiting films without a licence cannot be seized, action of seizure as per law can be taken if it is found exhibiting unidentified films and where the compliance under amended Copy Right Act has not been done. Yours' faithfully, Sd/ - (S.C. Pagoda) Deputy Secretary to the Govt.
(3.) THUS , in view of the above letter the grievance of the petitioner is substantially redressed. However, learned Counsel for the parties insisted upon the question of validity and proper interpretation of Rule 30 of the Cinematograph (Certification) Rules, 1983 as amended in 1984. Therefore, I have to examine this aspect. The Rules have been framed under Section 16 of the Cinematograph Act, 1952. Rule 30 as amended is reproduced as under: 30. Compliance with Section 5A(1) The manner of notification to the distributor or exhibitor for the purpose of Section 5A, shall be by delivery of a duplicate copy of the certificate (containing both parts I and II thereof) with each copy of the certified film to be distributed or exhibited: Provided that in the case of video film, a copy of Part I of the certificate showing the serial number, the category and other details should be pasted on every video cassette as well as on its case, (added by GSR 83(E), dated 28 -2 -1984) (2) The provisions of Sub -rule (I) shall apply in relation to an amendment of a certificate in respect of a film as it applied in relation to the certificate itself; (3) The duplicate copy of the certificate of a film referred to in Sub -rule (1) shall accompany the film and be prominently exhibited in the theatre on all days on which the film is exhibited therin. Before I deal with the aforesaid argument of the learned Counsel I would like to discuss the scheme of the Cinematograph Act, 1952 (here in after referred to as 'the Act') and the Rules made thereunder. Section 3 of the Act deals with the formation of a Board of Film Censors. For the purpose of sanctioning films for public exhibition the Central Government may, by notification in the official gazette, constitute a Board to be called the Board of Film Certification. Section 4 deals with examination of film and it provides that any person desiring to exhibit any film shall in the prescribed manner make an application to the Board for a certificate. Section 5 provides the constitution of Advisory panels. These panels are meant to assist the Board for efficient discharge of its function under the Act. Section 5C lays down that if after examining a film in the prescribed manner the Board may certify that the film is suitable for restricted or unrestricted public exhibition. If the film is not suitable for unrestricted public exhibition then necessary directions can be given to suitably amend the same. Section 5B lays down the guiding principles for certifying the films, Section 5B reads as under: 5 -B. Principles for guidance in certifying films - (1) A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence; (2) Subject to the provisions contained in Sub -section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition. Section 5C provides an appeal against the decision of the Board. Section 6 confers revisional powers on the Central Government. Section 6A requires that necessary information and documents are to be given to the distributors of exhibitors regarding the film so certified. Section 7 deals with penalties for contravention of the provisions by any incumbent. Section 8 empowers the Central Government to frame rules for the proper compliance of the provisions of this Act.;