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Showing contexts for: decency in M.J. Sivani And Ors vs State Of Karnataka And Ors on 17 April, 1995Matching Fragments
21. It is next contended in the appeals arising from Karnataka that they are not required to obtain licence under the notification. In support thereof, it is contended that the Commissioner lacks power under Section 31 to make the regulation. We find no force in the contention. It is seen that Section 31 empowers the Commissioner or the District Magistrate in the area under their respective charge to make, alter or rescind orders not inconsistent with the Mysore Act. They are empowered to license persons doing any trade or business, or to control places of public amusement or entertainment. They are also empowered to prohibit keeping all public places or places of public amusement or entertainment, to prevent obstruction etc. They are entitled to regulate the means of entrance or exit at places of public amusement or assembly and providing for the maintenance of public safety and the prevention of disturbance thereat. Under clause (x), the Commissioner or the District Magistrate is empowered to regulate by licensing or controlling, with such exceptions specified therein, the musical, dancing, mimetic or theatrical or other performances for public amusement including melas and tamashas. In the interest of public order or decency or morality or in the interest of general public, they are entitled to regulate the conduct of even the artistes or the audience. They are also entitled to prescribe procedure in accordance with which any licence or permission required to be obtained under the Act should be applied for and to fix the fee to be charged for such licence as provided under clause (z) etc. Therefore, the power conferred on the Commissioner and the District Magistrate in the area under their respective charge are of wide amplitude to meet diverse situations by making, altering or rescinding the orders in accordance with the Act
25. It is next contended by the appellants from Tamil Nadu that they are running video games within a space of 46-l/2 sq. m. and that, therefore, they are not required to obtain any licence under Section 34 of the Madras City Police Act, which says that no enclosure or place of playing having an area of 46-l/2 sq. m. or upward shall be used for public entertainment or resort without a licence from the Commissioner. Since they are using video games in a place less than 46-1/2 sq. m., they require no licence. The contention is wholly misconceived. Under Section 39 of that Act, the Commissioner may make rules for ensuring order and decency and for public safety at all places of public entertainment or resort and for regulating the times during which the places referred to in Sections 34 and 35 are used. Section 34(1) prohibits user of an enclosed place or a building having an area of 46-1/2 sq. m. or upward for public entertainment or resort without a licence from the Commissioner. In other words the licence is for user of the building up to and upwards of 46-1/2 sq. m. whereas Section 39 gives power to the Commissioner to make rules for ensuring order and decency and for public safety at all places of public entertainment or resort, and for regulating the times during which the places referred to in Sections 34 and 35 shall be allowed to be open or used. The exercise of the power under Section 39, therefore, is to ensure order and decency and for public safety at all places of public entertainment or resort including the places referred to in Section 34 and Section 35. Therefore, any person who intends to use any premises for public entertainment or resort though may use premises below 46-1/2 sq. m. is required to obtain licence under rules made under Section 39 for decency or public-safety. Therefore, any person using any building or enclosed place with a dimension of below 46-1/2 sq. m. is required to obtain licence under the rules made under Section 39 of Madras City Police Act and other relevant law elsewhere