Milind Shriram Limaye vs The State Of Maharashtra & Ors
2013 Latest Caselaw 289 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION




                                                                                   
                                 WRIT PETITION NO.8923 OF 2012




                                                           
        Milind Shriram Limaye                        ...Petitioner
                       vs
        The State of Maharashtra & Ors.                ...Respondents
                                                .....




                                                          
        Mr Milind S. Limaye, Petitioner in person.
        Mr S.K.Shinde Govt. Pleader for Respondent Nos.1 to 3.
                                                .....
                                           CORAM : V.M.KANADE AND
                                                      S.C. GUPTE, JJ.

Date of reserving the Order : 19/10/2013

Date of pronouncing the Order : 06/12/2013

ORAL JUDGMENT (Per 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

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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. At

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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

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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. 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;

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    (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. 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.

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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. 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


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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) of

"Public Amusement Performance" means a performance 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



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           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) ig 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

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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.

(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

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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

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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

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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. 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.

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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. 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

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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.

                                          
                                                   ( V.M.KANADE J )
                          ig                         ( S.C.GUPTE J. )