MANORANJAN HOTEL DISCO Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.

(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.