BIHAR MOTION PICTURE ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) A fee has been prescribed under Rule 25 of the Bihar Cinemas (Regulation) Rules, 1974 for the inspection of a place licensed for cinematograph exhibition by the Electrical Inspector. This rule quantifies the fee at Rs. 200.00 for the first inspection and at Rs. 50.00 for all subsequent inspections. Fees for inspection by the Electrical Inspector have also been fixed by the notification issued under Rule 7(2) of the Indian Electricity Rules, 1956. The current notification, dated Nov. 26, 1981 (published in the Bihar Gazette of Nov. 30, 1981) puts Cinema Halls under scale 'C' and fixes the inspection fee at the uniform raste of Rs. 750.00 doing away with the destination of the first or subsequent inspections. The question that falls of consideration in this case is whether the petitioners are liable to pay the inspection fee for Cinema Halls at the rates prescribed under the Bihar Cinemas (Regulation) Rules, 1974 or as fixed by the notification issued under the Indian Electricity Rules.

(2.) The facts are as simple as can be. The Electrical Inspector, respondent no. 3 sent to petitioner No. 2 a letter dated 8-7-1992 demanding fee, for the year, 1992, for the inspection of a cinema hall owned by the second petitioner. The inspection fee for the cinema hall has been shown as Rs. 750.00; separate fees (at different rates) have also been charged for various other appliances e.g. generator, compressor motor, transformer etc. The total fees come to Rs. 2100.00 and after deducting a sum of Rs. 350.00, earlier deposited by petitioner No. 2, the net demand is for Rs. 1750.00 true copy of this demand letter is to be found at Annexure 1. The petitioner No. 2 gave his reply by letter dated 18-12-1992 pointing out that in terms of Rule 25 of the Cinema Regulation Rules the fee for inspection of the Electrical installations (of a cinema hall) was only Rs. 50.00. It was also stated that so far the petitioner had been depositing a higher sum of Rs. 350.00; only due to over sight. In reply, the Electrical Inspector slapped on petitioner No. 2 another remand of Rs. 2100.00 as inspection fee for the next year, 1993. It was stated in the reply that the inspection fee for the cinema halls was fixed at new rates by issuing a fresh notification a copy of which was enclosed with the reply. The reply from the Electrical Inspector dated 4-1-1993 is to be found at Annexure 3 and the copy of the notification dated 26-11-1991 is at Annexure 4.

(3.) At this stage, it will be appropriate to take a look at the relevant legal provisions. Chapter II of the Electricity Rules deals with the Inspector and his functions. Rule 5 provides that any Inspector or any officer appointed to assist an Inspector may enter, inspect and examine any place, carriage or vessel in which he has reason to believe that there is any appliance or apparatus used in the generation, or transmission, transformation, conversion, distribution or use of energy and may carry out tests therein. The rule further obliges every supplier, consumer, owner or occupier to afford, at all reasonable times, facilities to any such Inspector or officer to make such examination and test as may be necessary to satisfy himself as to the due observance of the provisions of the Electricity Act, 1910, the terms of the licences (if any) and the Electricity Rules. Pursuant to the inspection, the Inspector or the officer appointed to assist may serve an order in the prescribed form upon any supplier, consumer, owner or occupier requiring him to comply with any specified rule and the person so served would thereupon comply with the order within the period mentioned therein and would report in writing to the Inspector or the officer serving the order as the case may be that the order was complied with. Under Rule 6, an appeal is provided against an order passed by the Electrical Inspector. Rule 7 deals with the fees chargeable for such inspection, examination, test, etc. and reads as follows: -