THE SOUTH INDIAN FILM CHAMBER OF COMMERCE, MADRAS ETC. versus ENTERTAINING ENTERPRISES, MADRAS AND ORS. ETC.

Citation: [1994] SUPP. 6 S.C.R. 674 · Decided: 16-12-1994 · Supreme Court of India · Bench: N. VENKATACHALA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
THE SOUTH INDIAN FILM CHAMBER OF COMMERCE, MADRAS 
ETC. 
I 
v. 
ENTERTAINING ENTERPRISES, MADRAS AND ~RS. ETC. 
DECEMBER 16, 1994 
[N. VENKATACHALA AND K.S. PARIPOORNA.N)J.] 
Tamil Nadu Exhibition of Films on Television Screeh through Video 
Cassette Recorders (Regulation) Act, 1984: 
C 
Sections 9 (2) and JO (2)-Held Constitutionally valib and within the 
legislative competence of State Legislature. 
Constitution of India, 1950: Seventh Schedule-List. I-Entry 49-
'Copyright'-List 1I - Entry 33- 'Cinemas'-Provisioils contained in 
Section 9(2) of Tamil Nadu Exhibition of Films on T~levision Screen 
D 
through Video Cassette Recorders (Regulation) Act, 1984 held ancillary to 
the subject of Act which in pith and substance is 'Cinema'. I 
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F 
G 
H 
With a view to regulating the exhibition of films on television 
screen through Video Cassette Recorder, the T~milnadu State 
Legislature enacted· Tamilnadu Exhibition of Films' on Television 
Screen through Video Cassette Recorders (Regulatipn) Act, 1984. 
Section 9(2) of the Act requires every person keeping ~ Video Library 
licensed under the Act, possessing cinematography films, to produce in 
respect of each film whenever demanded by the conce~ned officers of 
I 
Government a letter of consent from the first owner of the copyright of 
such film under the Copyright Act, 1957 or its assig~ee thereunder. 
Section 10(2) of the Act requires every person keeping Video Library 
licensed under the Act not to sell, let to hire, distribute, exchange or put 
into circulation a cinematography film which is not }ertified by the 
authority under Cinematograph Act, 1952 as suitable for public 
exhibition and does not contain the prescribed mark pr if contains a 
mark, the film is not altered or tampered with after affixure of such 
mark. The respondents, who were keeping Video Cassette Libraries, 
challenged the constitutional validity of the Act on the !ground of want 
of legislative competence on the part of State legislarture. The High 
Court upheld the validity of the Act holding that the s~bject matter Of 
the Act was in pith and substance covered by the subject 'Cinema' 
mentioned in Entry 33 of List II of the Seventh Schedule to the 
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674 
S. INDN. F. CHAMBER OF COMM. v. ENTERTAINING ENTERP. 675 
Constitution. However, it struck down Sections 9(2) and 10(2) of the A 
Act. In striking down Section 9(2) the High Court held that though the 
State legislature purported to enact it on the subject 'cinema', a subject 
in the State List, in fact it has gone beyond the permitted limit because 
it covers the subject 'Copyright', which was a subject faUing in the 
Union List. Further, in view of the fact that the non-possessing by a 
licensee of Video Library of a Jetter of consent from the owner or B 
assignee of copyright of st.ch film to be dealt with by him sAnce makes 
him liable for a cognizable offence and of a higher punishment not 
provided for in the Copyright Act itself, the provision in section 9(2) 
requiring the keeping of such consent letter cannot be regarded as an 
incidental or ancillary provision made on the subject of 'cinema', lying C 
within the competence of the State Legislature. 
In striking down Section 10(2), the High Court held that having 
regard to the fact that the provisions of the Cinematograph 
Certification Rules, 1983 do not contemplate the certification of a video 
film for private exhibition in the residence of the members of the video D 
library, the requirement of the production of a certificate in respect of 
the video films hired out by a video library to its members under 
Section 10(2) was not only invalid but also unworkable. 
Against the decision of the High Court, appeals were preferred in 
this Court. 
Allowing the appeals, this Court 
HELD: 1. Sections 9(2) and 10(2) of the Tamilnadu Exhibition of 
Films on Television Screen through Video Cassette Recorders 
(Regulation} Act, 1984 are constitutionally valid. (686 A] 
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2. The provision in Section 9(2) of the Act being an ancillary 
provision on the subject of the Act which in pith and substance is 
'cinema', lay within its legislative competence of the State legislature 
and hence is constitutionally valid. When under the Act a person who is 
given a licence to keep a Video Cassette Library for purposes of 
carrying on his business of selling, letting to hire, distribution, exchange G 
or putting into circulation in any manner whatsoever of video films 
recorded on Video Cass

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