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2013 DIGILAW 2514 (BOM)

Milind Shriram Limaye v. State of Maharashtra

2013-12-06

S.C.GUPTE, V.M.KANADE

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Judgment : (S.C. Gupte, J.) 1. Rule. Returnable forthwith. By consent, the Petition is taken up final hearing. 2. By this Petition, under Article 226 of the Constitution of India, the Petitioner seeks to challenge the order dated 11 July 2012 passed by the Assistant Commissioner of Police (Administration), Pune, refusing to grant exemption from requirements of Suitability Certificate for the Rummy competition performances to be organized by the Petitioner or in the alternative, seeks issuance of a Suitability Certificate under the applicable licensing rules. 3. The Petitioner is an entrepreneur and founder of an association known as ‘Competitive Tournament Rummy Players Association’ (“CTRPA” for short). CTRPA is a registered public trust. It is the case of the Petitioner that CTRPA is formed with an object to rectify procedural fallacies in the prevalent practices of the card game of ‘Rummy’ and provide a healthy competition alternative of the game as a game of skill. CTRPA has prepared and adopted a format of competition rules called ‘The CTRPA Prevention of Gambling Novel Rummy Performance Script, 2008’ (“CTRPA Competition Rules” for short). It appears that CTRPA Competition Rules were copyrighted by the Petitioner. 4. The Petitioner, vide his application dated 15 September, 2008, applied to the Police Commissioner of Thane City seeking performance suitability certificate for the CTRPA Competition Rules under the Bombay Police Act, 1951 (“the Act” for Short) read with the Rules for Licensing and Controlling Places of Public Entertainment (other than Cinemas) and Performances for Public Amusement, including Melas and Tamashas, 1960, framed under the Act (“the Licensing Rules” for short). This application was apparently as a step towards obtaining a performance licence for the Rummy Tournaments purposed to be conducted by the Petitioner. It appears that the Police Commissioner, Thane City referred the Petitioner’s application to the State Home Department. The State Government, vide its order dated 12 May 2010, rejected the application on the ground that such suitability certificate cannot be granted to the CTRPA Competition Rules. 5. Being aggrieved by the order, the Petitioner preferred a writ petition before this court, being Writ Petition No. 5931 of 2010. The State Government, vide its order dated 12 May 2010, rejected the application on the ground that such suitability certificate cannot be granted to the CTRPA Competition Rules. 5. Being aggrieved by the order, the Petitioner preferred a writ petition before this court, being Writ Petition No. 5931 of 2010. At the hearing of that petition, a statement was made on behalf of the State Government that the State Government would withdraw the impugned order and the Sports Department would duly decide the Petitioner’s application by a reasoned order after following principles of natural justice with advance intimation to the Petitioner. The Petition was accordingly disposed of with directions (in terms of the said statement) to the Sports Department of the State of Maharashtra. 6. A hearing was, thereupon, conducted by the Principal Secretary, Sports Department. The Principal Secretary, by his order dated 13 July 2011, held that the authority to act under the Act vests with the Home Department of the State and that the Sports Department was not legally competent to review the CTRPA Competition Rules and issue any suitability certificate. 7. The Petitioner challenged the order of 13 July 2011 in Writ Petition No. 9213 of 2011 before this court. By order dated 25 January 2012, this court allowed the Petitioner to withdraw the Petition with liberty to file an appropriate application before the Competent Authority seeking permission to conduct Rummy Tournaments, keeping all issues open. 8. The Petitioner, thereupon, approached various authorities including the local police authorities and the State Home Department, seeking permission to conduct Rummy Tournament according to the CTRPA Competition Rules. In the course of these attempts, the Office of the Commissioner of Police, Pune City (Licence Branch) issued a letter to the Petitioner along with specimen of various forms which included an application form for obtaining of Performance Licence. The application form stipulated the requirement of a suitability certificate issued by the Suitability Board, Mumbai. According to the Petitioner, no such Board exists or is constituted. The Petitioner, therefore, filed an application before the Commissioner of Police, Pune City for exemption to the Tournament from the provisions of Chapter XII (Certificate of Suitability) as contemplated under Rules 227 and 228 of the Licensing Rules. According to the Petitioner, no such Board exists or is constituted. The Petitioner, therefore, filed an application before the Commissioner of Police, Pune City for exemption to the Tournament from the provisions of Chapter XII (Certificate of Suitability) as contemplated under Rules 227 and 228 of the Licensing Rules. By the impugned order dated 11 July 2012, the application was rejected by the Assistant Commissioner of Police (Admin), Pune, on the ground that no case for such exemption was made out. 9. Being aggrieved by that order, the present Writ Petition is filed by the Petitioner. 10. The Petitioner, who appears in person, has made the following submissions: (a) that the Petitioner was reserved express liberty by this court in its order dated 25 January, 2012, to seek permission to conduct tournaments of Rummy in accordance with the CTRPA Competition Rules; (b) that Respondent No. 3 Commissioner of Police, Pune has rejected the Petitioner’s application for grant of exemption from the production of Performance Suitability Certificate as a requisite for obtaining Performance Licence to hold tournaments of Rummy in accordance with CTRPA Competition Rules, in breach of principles of nature justice; (c) That it is necessary for the Respondents either to grant suitability certificate or exempt the Petitioner from such certificate; and (d) That the Respondents ought to grant a Performance Licence to Petitioner and CTRPA to conduct Rummy Tournament in accordance with the CTRPA Competition Rules. 11. The learned AGP, who appears for all the Respondents, submits that there is no rule or provision of law, under which any certificate of suitability as applied for by the Petitioner can be granted to the CTRPA Competition Rules. 12. At the outset, it seems to us that there is a good deal of confusion, both at the end of the Petitioner as well as the authorities, who have so far responded to the various applications of the Petitioner, as regards the nature of the activity that the Petitioner proposes to undertake and the kind of permissions that are, or are not, required for such activity. What the Petitioner or CTRPA proposes to do is to conduct a tournament in the nature of a competition for the game of Rummy. What the Petitioner or CTRPA proposes to do is to conduct a tournament in the nature of a competition for the game of Rummy. The Petitioner and CTRPA have proposed a certain set of rules for conducting this tournament, namely, the CTRPA prevention of Gambling Novel Rummy Performance Script, 2008 or as referred to for short as ‘the CTRPA Competition Rules’. Now the question is, does such a tournament or the rules framed therefor require any licence or certificate from any of the authorities of the State, and if so, which are the authorities that can grant such licence/certificate. 13. The applicable provisions of law for performance of a game including a tournament or competition may now be noticed briefly. The Bombay Police Act, 1957, or the Act for short confers power upon the Commissioner of Police to make, alter or rescind rules or orders not inconsistent with the Act inter alia for licensing or controlling places of public amusement or entertainment, regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement and prescribing the procedure in accordance with which any licence or permission sought to be obtained or required under this Act should be applied and fixing the fees therefor. The Commissioner of Police, Pune has made Rules under Clauses (w), (wa), (x) and (y) of Sub-section (1) of Section 33 of the Act called the Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for public amusement, including Melas and Tamashas, 1960, or the Licensing Rules for short. The following provisions under the Licensing Rules may be noticed: 2. The following provisions under the Licensing Rules may be noticed: 2. Definitions – In these rules unless there is anything repugnant in the subject or context- (a) “Act” means the Bombay Police Act, 1951; (b) “Board” means the Board appointed by the State Government under sub – clause (iii) of clause (wa) of Sub – section (1) of Section 33 of Act, i.e. the Stage Performance Scrutiny Board; (e) “Licensee” means a person holding a licence under these rules and includes the Manager or Managers nominated under rules 203; (f) “Licensing Authority” means the licensing authority referred to in Chapter XVI of these rules; (i) “Premises” means any place which is used or is intended to be used as a place of public amusement or any place other than a cinema theater, wherein musical, dancing, dramatic, mimetic, theatrical or other performances of public amusement, exhibition or diversion or game are staged; (j) “Public Amusement Performance” means a performance of dramas, songs, dances, mimetics and similar other performances given in a place of public amusement or in any other place, whether with or without admission fee, and to which admission is not restricted, exclusively to the members of any particular institution. CHAPTER II NO OBJECTION CERTIFICATE 3. Application for “No Objection” Certificate: (1) Any person desirous of erecting a building or a tent or any other temporary erection, by whatever named called, on any site for the purpose of using it as a theater or as place of public amusement, or converting or using any existing premises for the said purpose, shall first give a notice in writing to the Licensing Authority and make an application to the Licensing Authority for the grant of a “No Objection” Certificate, specifying therein whether the application is for permanent, or temporary place of public amusement. CHAPTER IX PERFORMANCE LICENCE 100. Performance Licence – No Person shall hold a musical, dancing, dramatic, theatrical or other performances for public amusement, including Melas and Tamashas, or any public exhibition or diversion or game, by whatever named called, unless and until he has obtained a Performance Licence from the Licensing Authority to hold such performance. 101. CHAPTER IX PERFORMANCE LICENCE 100. Performance Licence – No Person shall hold a musical, dancing, dramatic, theatrical or other performances for public amusement, including Melas and Tamashas, or any public exhibition or diversion or game, by whatever named called, unless and until he has obtained a Performance Licence from the Licensing Authority to hold such performance. 101. Application for Performance Licence – (1) The application for a Performance Licence shall be made to the Licensing Authority for performance and shall be accompanied by – (a) in the case of performances which have written scripts true copy of the certificate of suitability of the from the Board; (b) in the case of performance which have written scripts synopsis of each of the various items of the performances intended to be performed, staged, produced or exhibited together with a true copy of the certificate or suitability of the synopsis of these items from the Board; (c) in the case of a “Merry-Go-Round” a fitness certificate from the Municipal Mechanical Engineer concerned and where there is no such officer, from the Deputy Engineer Buildings and Communications Department; (d) a true copy of the “Premises Licence” granted by the competent Licensing Authority in respect of the premises in which the performance is intended to be held in respect of which a Premises Licence is required under these Rules. (2) The application for a Performance Licence shall contain the following particulars – (a) the name, age and full address of the applicant; (b) the name and location of the place where the performance is intended to be held; (c) whether admission to be performance is (i) on payment of money, (ii) with the intention that money may be collected from those admitted, (iii) free of charge. If the admission is on payment of money or with the intention that money may be collected from those admitted the application shall be accompanied by an application for the grant of a “Sale of Tickets Licence” under the rule 184; (d) the number and date of the certificate of suitability issued by the Board. (3) The application shall be sent to the Licensing Authority at least one week before the date of performance. (3) The application shall be sent to the Licensing Authority at least one week before the date of performance. (4) When a musical, dancing, dramatic, mimetic, theatrical or other performances for public amusement including a Mela, Tamasha, Ras or any public exhibition, diversion or game by whatever name called, is intended to be staged, performed, produced or exhibited by a body of individuals, the application for a Performance Licence shall be made on behalf of such a body by some person acting as Manager of such body and such Manager shall be responsible for any breach or violation of these Rules committed of the place of performance by any member of such body as if the breach or violation was committed by him. The applicant shall also state in the application whether he had applied to any other licensing authority for the grant of the same licence. 102. Grant of Performance Licence – (1) The Licensing Authority on being satisfied that all necessary rules have been complied with, may grant a Performance Licence to the applicant on such terms and conditions and subject to such restrictions as the Licensing Authority may determine. (2) The Performance Licence shall be in Form ‘E’ and shall state the title of each item of the performance and the grant description of such item, as for instance, ‘Drama’, ‘Song’, ‘Tamasha’, ‘Mela’, ‘Ras’, ‘Dance’ etc., etc, which the Performance Licence is intended to cover, and no item not so specified by the Licensing Authority in the Performance Licence shall be produced, staged, exhibited, displayed or performed. (3) A Performance Licence may in the discretion of the Licensing Authority be granted either for a performance at a single place of amusement or for all or any places situated within the jurisdiction of the Licensing Authority. CHAPTER XII CERTIFICATE OF SUITABILITY 121. Application for Certificate of Suitability – (1) Any person who desires to hold or provide for any amusement performance, whether with or without tickets, shall two months before the date on which such performance is to be held or provided for, apply to the Chairman of the Board for the grant of a certificate of Suitability therefor. (2) Such applications shall be made in Form – 1. Any application which does not contain information about all the particulars mentioned in the said Form to the satisfaction of the Board may not be considered by it. (2) Such applications shall be made in Form – 1. Any application which does not contain information about all the particulars mentioned in the said Form to the satisfaction of the Board may not be considered by it. CHAPTER XV LICENCE FOR SALE OF TICKETS, ETC. 184. Licence for Sale of Tickets, etc. – No person shall sell or keep, or offer or expose for sale or cause to be sold or cause or be kept or exposed for sale any ticket of admission, pass or any other evidence of the right of admission to any premises without having first obtained a licence for the same from the Licensing Authority. The licence shall be in Form “H”. CHAPTER XX EXEMPTIONS 227. Power to Exempt – (1) The Licensing Authority may, in its discretion and for reasons to be recorded in writing exempt any licensee from the requirements of any of these Rules subject to such conditions, if any, as the Licensing Authority may direct. (2) The Licensing Authority other than the District Magistrate shall report to the District Magistrate each case in which he has granted an exemption indicating the Rules from the requirements of which exemption has been granted together with this reasons therefor. (3) Any order passed by a Licensing Authority, whether empowered to licence premises or performances, other than the District Magistrate, shall be subject to revision by the District Magistrate. (4) The Licensing Authority may either itself or at the direction of the District Magistrate withdraw any exemption granted by it and thereupon the licensee shall comply with the requirements of the Rules in respect of which the exemption is withdrawn within such reasonable time as may be allowed by the Licensing Authority or the District Magistrate in case the revision order is passed by the District Magistrate under sub-rule (3) above. 14. A tournament or competition of Rummy per se is not a ‘public amusement performance’ within the meaning of Rule 2 (j) of the Licensing Rules quoted above. The Rules in Chapter II of the Licensing Rules concerning ‘No Objection Certificate’ from the Licensing Authority, therefore, do not apply to any such tournament or competition or any place or site used for the purpose of conducting any such tournament or competition. Chapter IX of the Licensing Rules provides for a Performance Licence. The Rules in Chapter II of the Licensing Rules concerning ‘No Objection Certificate’ from the Licensing Authority, therefore, do not apply to any such tournament or competition or any place or site used for the purpose of conducting any such tournament or competition. Chapter IX of the Licensing Rules provides for a Performance Licence. Rule 100 thereof requires obtaining of a Performance Licence not only for a performance for public amusement but for ‘any public exhibition or diversion or game, by whatever named called’. The Licensing Authority for such licence is:- (1) at the district headquarters – the District Magistrate, Poona; and (2) at all other places – the District Magistrate, Poona or the Mamlatdar or the Mahalkari, as the case may be, within his jurisdiction. A tournament or competition of Rummy, such as the one proposed to be conducted by the Petitioner or CTRPA, would be covered in the expression ‘public exhibition or diversion or game’ within the meaning of Rule 100 of the Licensing Rules, and, thus, would require a Performance Licence. The CTRPA Competition Rules, which are nothing but a printed set of rules for holding such tournament or competition, cannot be termed a ‘written script’ of the performance or even ‘the synopsis of each of the various items of the performance’. There is, therefore, no question of obtaining any certificate of suitability of the script or synopsis of any item from Stage Performance Scrutiny Board appointed by the State Government under sub – clause (iii) of clause (wa) of Sub – section (1) of Section 33 of the Act, as a pre – requisite for obtaining of a Performance Licence. The application for Performance Licence needs, however, to be accompanied by “Premises Licence” granted by the competent Licensing Authority, which again is the same authority as prescribed for the Performance Licence. In case, such tournament or competition is to be held with sale of entry tickets for admission to the premises of the tournament or competition, a licence for sale of tickets is required from the same licensing authority, as in the case of the Performance Licence. 15. In case, such tournament or competition is to be held with sale of entry tickets for admission to the premises of the tournament or competition, a licence for sale of tickets is required from the same licensing authority, as in the case of the Performance Licence. 15. Having regard to the above position, there is no question of any application being made or required to be made for a suitability certificate or exemption of such certificate for holding of a tournament or competition of Rummy in accordance of CTRPA Competition Rules or indeed any set of rules. No such certificate is simply required for holding of the tournament or competition. 16. The Petitioner will have to apply for (1) Premises Licence (2) Performance Licence and (3) Sale of Tickets Licence (if tickets are issued on payment of charges for entry into the premises), for holding of the tournament or competition. Such applications need to be made to the licensing authority referred to above. The Licensing Authority, after making such inquiry as it may deem fit, may grant such licences in accordance with the Licensing Rules. 17. The Petition is disposed of accordingly.