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1. This judgment will dispose of C. W. P. Nos. 4666, 4914, 5006, 5110, 5122, 5148, 5182, 5190, 5291 and 5292 of 1983 relating to Sirsa District, Nos. 4807 to 4809 and 4924 of 1983 relating to Sonepat District, No. 4828 of 1983 relating to Jind District and No. 5075 of 1983 relating to Kurukshetra District, which involve common questions of law and fact. The facts in the judgment are being given from C. W. P. No. 4807 of 1983.

2. The petitioners are running restaurants, snacks bars and soft drink corners in district Sonepat. They have installed V. C. Rs. in their business premises. It is alleged that they are providing entertainment to their customers on taking service charges which is an ancillary purpose. The V. C. Rs. are licenced under the Indian Telegraph Act, 1885.

3. The District Magistrate, Sonepat, respondent 2, exercising powers alleged to be conferred on him under the Haryana Cinemas Regulation Act, 1952 (hereinafter referred to as the Haryana Act) issued a general order dated 3rd October, 1983 (copy Annexure P. 1). prohibiting exhibition of cinematograph by means of Video sets in places other than licensed under that Act in Sonepat district. It is further provided therein that any contravention in respect thereof would be dealt with under Section 7 On 3rd October, 1983, a Munadi was made in the town of Sonepat and it was pro-claimed that no person would display or exhibit any video film at any public place without obtaining the license from the District Magistrate, Sonepat. After the Munadi, the local police came to the petitioners' place and served on them the order Annexure P. 1. This order has been challenged by the petitioners through the writ petition.

4. The respondents have contested the writ petition and pleaded that the District Magistrate, Sonepat, was justified to issue the order in accordance with the provisions of the Haryana Act.

5. The main question that arises for determination is whether by using V. C. Rs. and T. V. sets in restaurants etc. for the entertainment of the customers, the owners contravene the provisions of the Haryana Act.

6. In order to determine the question, it is relevant to refer to the Objects and Reasons for which the Haryana Act was enacted. Prior to the Haryana Act the Cinematograph Act, 1918 (a Central Act), was applicable to the State. It dealt with two separate matters, firstly, examination and certification of films as suitable for public exhibition, and secondly, regulation of cinemas including their licensing. After the promulgation of the Constitution of India, the matters regarding 'sanctioning of cinematograph films for exhibition' were included in entry No. 60 of List I (Union List) of Seventh Schedule and matters regarding 'cinemas subject to the provisions of entry 60 of List I, in entry No. 33 of List II (State List). Some of the sections of 1918 Act related to the Central Government, some to the State Government and some to both the Central and State Governments. However, there was no clear-cut demarcation of the said provisions with the result that difficulty had been experienced in administering it. Therefore, the said Act was repealed and the Cinematograph Act, 1952 (hereinafter referred to as the Central Act), was enacted by the Government of India in which the provisions relating to the Union List and State List were separated. The Central Act consists of four parts; Part I deals with preliminary matters, Part II with certification of films for public exhibition, Part III with regulation of exhibition by means of cinematographs and Part IV with repeal. Sub-section(2) of Section 1 of the Central Act provides that Parts I, II and IV extend to whole of India and Part III to the Union Territories only. The Central Act was enforced on 28th July, 1952. The Government of India suggested to the States that they should undertake legislation thereon on the lines of Part III of the said Act. In pursuance of that suggestion, the Punjab State, as it then existed, enacted the Punjab Cinemas (Regulation) Act, 1952. After the reorganisation of the Punjab State, the Act became applicable to the State of Haryana. On being adapted by the State of Haryana, it is now called as Haryana Cinemas (Regulation) Act, 1952. It is thus evident that the Haryana Act and Central Act operate into different spheres. The former deals with licensing of Cinematograph exhibitions and the latter with certification of films for public exhibitions. Now it is appropriate to refer to the contentions of the learned counsel for the petitioners.

15. For the aforesaid reasons, we do not find any merit in the writ petition.

16. No additional argument has been raised in C. W. Ps Nos. 4666, 4914, 5006, 5110, 5122, 5148, 5182, 5190, 5191, 5192 of 1983, relating to Sirsa District and C. W. P. Nos. 4808, 4809 and 4924 of 1983 relating to Sonepat District and C. W. P. No. 4828 of 1983, relating to Jind District, no order was passed by the District Magistrate. The petitioners allege that the respondents are threatening to take action against them in case they exhibit the film by means of V. C. Rs. and T. V. sets. The above observations are also fully applicable to this case as well. Consequently; there is no merit in these petitions too.