Judgment:
Aftab Alam, J.
1. A fee has been prescribed under Rule 25 of the Bihar Cinemas (Regulation) Rules, 1974 1974 for the inspection of a place licencsed for cinematograph exhibition by the Electrical Inspector. This rule quantifies the fee at Rs. 200/- for the first inspection and at Rs. 50/- for all subsequentw inspections. Fess for inspection by the Elecrical Inspector have also been fixed by the notification issued under Rule 7(2) of the Indian Electricity Rules, 1956. The current notification, dated Nov. 26, 1981 (published in the Bihar, Gazette of Nov. 30, 1981) puts Cinema Halls under scale 'C' and fixes the inspection fee at the uniform raste of Rs. 750/- doing away with the distinction of the first or subsequent inspections. The question that falls of consideration in this case is whether the petitioners are liable, to pay the inspection fee for Cinema Halls at the rates prescribed :under the Bihar Cinemas (Regulation) Rules, 1974 or as fixed by the notification issued under the Indian Electricity Rules.
2. The facts are as simple as can be. The Electrjcal lnspector, respondnet no. 3 sent to petitioner No. 2 a letter dated 8-7-1992 demanding fee, for the year, 1992, for the inspection of a cinema hall owned by the second petitioner. The inspection fee for the cinema hall has been shown as Rs. 750/-; separate fees (at different rates) have also been charged for various other appliances e.g. generator, compressor motor, transformer etc. The total fees come to Rs. 2100/- and after deducting a sum of Rs. 350/-, earlier deposited by petitioner No. 2, the net demand is for Rs, 1750/- true copy of this demand letter is to be found at Annexure 1. The petitioner No. 2 gave his reply by letter dated 18-12-1992 pointing out that in terms of Rule 25 of the Cinema Regulation Rules the fee for inspection of the Electrical installations (of a cinema hall) was only Rs. 50/-. It was also stated that so far the petitioner had been depositing a higher sum of Rs. 350/-; only due to over sight. In reply, the Electrical Inspector slapped on petitioner No. 2 another demand of Rs. 2100/- as inspection fee for the next year, 1993. It was stated in the reply that the inspection fee for the cinema halls was fixed at new rates by issuing a fresh notification a copy of which was enclosed with the reply. The reply from the Electrical Inspector dated 4-1-1993 is to be found at Annexure 3 and the copy of the notification dated 26-11-1991 is at Annexure 4.
3. At this stage, it will be apprporiate to take a look at the relevant legal provisions. Chapter II of the Electricity Rules deals with the Inspector and his functions. Rule 5 provides that any Inspector or any officer appointed to assist an Inspector may enter, inspect and examine any place, carriage or vessel in which he has reason to believe that there is any appliance or apprataaus used in the generation, or transmission, transformation, conversion, distribution or use of energy and may carry out tests therein. The rule further obliges every supplier, consumer, owner or occupier to afford, at all reasonable times, facilities to any such Inspector or officer to make such examination and test as may be necessary to satisfy himself as to the due observance of the provisions of the Electricity Act, 1910, the terms of the licences (if any) and the Elecricity Rules. Pursuant to the inspection, the Inspector or the officer appointed to assist may serve an order in the prescribed form upon any supplier, consumer, owner or occupier requiring him to comply with any specified rule and the person so served would thereupon comply with the order within the period mentioned therein and would report in writing to the Inspector or the officer serving the order as the case may be that the order was complied with. Under Rule 6, an appeal is provided against an order pased by the Elecrtical Inspector. Rule 7 deals with the fees chargeable for such inspection, examination, test, etc. and reads as follows:-
'7. Amount of fees. - (1) The feels set out in Annexure 11 shall be payable in respect of the services therein mentioned where the tests are carried out by comparison with the Government of India standards referred to in Sub-rule (1) of Rule 2.
(2) The Central Government or the State Government, as the case may be, may levy such fess for testing and inspection and generally for the services of Inspectors or any officers appointed to assist the Inspector as it may from time to time by general or special order, direct; and may, if it thinks fit, remit any fee or any portion thereof.'
It is in exercise of powers under sub-rule (2).of
Rule 7 that the State Government has issued
the notification dated 26-11-1991 superseding
the earlier notification on the subject. The
notification provides various scales fixing
different rates of fees for inspection, exa
mination, test etc. relating to different kinds
of places, premises, appliances and instru
ments etc. Scale 'C' to the schedule dealing
with Cinema halls is as follows:1. For an inspection, examination or lest of any electric installation, appliance or apparatus in any place of public entertainment.
Connected load of installation, etc.
Fee for inspection.
For an inspection, examination or test of any electric installation, appliance or apparatus, other than generating plant, transformer, neon sing, air cooler or air conditioning plant, etc. for which separate fees will be charged under appropriate scales, in a cinema, theatre or other place of public entertainment other than a travelling cinmeas, or temporary place of public entertainment referred to in clause (ii).
Rs. 750.00
For an examintion or test of an electric installation, appliance or apparatus other than generating plant, transformer neon sign, air cooler, or air conditioning plant, etc., for which inspection. separate fes will be charged under appropriate scales, in a traveil-. ing cinmea or other temporary place of public entertainment.'
Rs. 250.00 for each inspection,In terms of the rates prescribed in Scale 'C as quoted above, the fee for inspection is chargeable at the rate of Rs. 750/ - regardless of whether it is the initial or subsequent inspection and it is under the provisions of this notification that the 3rd respondent asserts have raised the demand.
4. Now coming to the Cinemas Regulation Act and the Rules, it is to be noted that the object of the Act is to make provision for regulating exhibition by means of Cinematograph in the State of Bihar. Section 3 of the Act laysdown that an exhibition by menas of cinematograph can be given only at a place licensed under the Act and only in compliance with the conditions and restrictions imposed (contd. on col. 2) by such a licence. Section 9 of the Act empowers the State Government to frame rules and clause (b) of Sub-section (2) of Section 9 states that the rules may, inter alia, provide for regulating cinematograph exhibitions for securing the public safety. Under Section 9 of the Cinemas Regulation, Act the Bihar Cinemas Regulation Rules, 1974 have been framed. Rule 8 deals with the conditions relating to the grant of licence. Rule 12 deals with inspection for the grant or renewal of a licence and is in the following terms:
' 12. Inspection. - (1) (a) Before granting a licence or oh expiry of a period of one year, the Licensing authority may himself or on the directions of the State Government, ask the Electric Inspector, Bihar and Executive Engineer, Building Construction Department; Bihar, to inspect and examine the structural soundness of the Cinema building and to certify that the same can be used without danger to the public and shall obtain certificates of payment of all Government dues, Film Division Certificate and certificate from the Fire Extinguishing Officer.
(b).......,
Rule 23 deals with electrical installations and
is in the following terms:
'23. Electrical Installation:- (1) The whole of the electrical installation in the licensed premises shall comply in all respects with the Indian Electricity Rules where these apply and with the rules of the Calcutta Assurance Association.
(2) All swiches and fuses and all electrical apparatus liable to become hot, installed in me project room, shall, be placed as far as practicable from any place, where cinematograph film is stored or handled, and shall be so projected that the cinematograph film cannot come in contact with any heated area.
(3) Where switch-boards are installed in the projection room, the space between any Switch-board and the wall shall be enclosed with fire proof material in such a manner that a fire cannot spread to the wiring at the back of the switch-board.
(4) All resistances, for the cinematograph machines shall be placed inside the projection room. They shall be mounted on incombustible basis of and shall be so projected and placed at such a distance from any combustible matreial that no part of the resistances, if broken can fall on such material, or vice versa.
(5) Conductors from any swtich-board in the projection room to the cinematograph machine shall be enclosed in screwed conduites and shall teminate in a suitable terminal box; Conductors from such box to the lamp shall be covered with flexible metallic tubing or braiding machanically connected to the terminal box. Such conductors shall be controlled by an efficient double pole switch mounted on a switch-board within the projection room. There shall be one double pole switch for each projector and it shall be conveniently placed near the projector.
(6) In the enclosure the maximum potential difference shall not exceed 240 volts, provided that this restriction shall not apply to any amplified pressures in the amplifire and sound system.
(7) Where an electrical metal filament project lamp of the vaccum or gas-filled type is used in the cinematograph machine, it shall be adequately ventilated and the potential difference within the enclosure shall not in any circumstance exceed 240 volts.
(8) All switch-boards Shall be constructed wholly of durable non-inflammable, non-absorbant material. The various live parts shall' be so arranged by suitable spacing or shielding with non-ignitable insulating materials that an are cannot be maintained between any such parts or between such parts and earth.
(9) All fuses shall be provided with a suitable incombustible and insultanting carrier of such a form as to protect a person handling it from shock and burns and contracts shall be provided on the carrier to which the ends of the fuse can be readily attached.'
Finally comes Rule 25 which deals with the fees for inspection; it is re-produced below
'25. Fee for, inspection etc. - No place shall be licensed for cinematograph exhibitions nor shall a licence be renewed until the Electrical. Inspector, or an officer deputed by him has inspected it and satisfied himself that the electric installations conforms with the relevant rules. A fee of Rs. 200 shall be levied and credited to Government for the inspetion of an installation when first erected. A fee of Rs.50 shall be levied and credited to Gov--ernment for every subsequent inspection whether on the occasion of the renewal of the licence or made necessary by the existence of defects which is in the opinion of the Electrical installation unsafe;
Provided that if the inspection by the Electrical Inspector or officer deputed by him cannot be carried out within a reasonable time the licensing authority may renew a licence pending such inpection, or may depute any other person having technical knowledge of electricity to inspect,'
In the back drop of these legal provisions, Mr. Navaniti Prasad Singh, learned counsel appearing on behalf of the petitioners contended that the action of the 3rd respondent in demanding inspection fee for the cinema hall in question at a rate other than the one fixed by the Cinemas (Regulation) Rules was unauthorised and illegal.
5. He first submitted that the provision of annual inspection of the electrical installations was to be found in the Cinema Regulalions Rules only and the requirement of an annual inspection was not contemplated under the Electricity. Rules. Referring to Rule 46 of the Electricity Rules, Mr. Singh submitted that an obligation was cast upon the electrical Inspector to conduct inspection, rest etc. in any premises at intervals not exceedings five years. Thus, under the Electricity Rules, the period between two inspections could be lawfully stretched to five years; whereas the holding of inspection of the electrical installations in a cinema hall, being with the annual renewal of the licence, was plainly on a yearly basis. Mr. Singh then pointed put that, as would appear from Annexures 1 and 3, the Electrical Inspector was demanding fees for inspections for successive years, i.e. 1992 and 1993 or in other words on a yearly basis. According to Mr. Singh it was, therefore, apparent that the respondent No. 3 had been holding inspections in terms of the Cinemas Regulation Rules and not under the Indian Electricity Rules and hence that fee chargeable should also be the one prescribed under the Cinemas Regulation Rules and not by the notification issued under Rule 7 of the Electricity Rules.
6. I am afraid I am unable to conclusively infer on the basis of the only circumstance of the demand of fees for two successive years that the inspections were intended to be under Cinemas Regulation Rules. Rule 46 of the Electricity Rules only fixes the outer most limit within which the place/ premises must be subjected to an inspection and test etc. It does not prescribe any minimum period of time between two inspections and in case the Electrical Inspector makes it a policy that he would hold inspection of every place/premise or a class of places/premises on an annual basis, it can neither be said to be violative of the statutory provision nor an unreasonable or arbitrary decision. Hence, merely on the basis that bills were raised for two successive years, it cannot be held that the bills were for inspections made in terms of the Cinemas Regulation Rules.
7. Mr. Singh then submitted that electrical installations in places, where under a valid licence exhibitions were given by means of cinematograph, constituted a special class and any inspection, examination test etc. of the electrical installations at such places could be made only in terms of the Cinemas Regulation Rules and not under the Electricity Rules. He pointed out that the very object of the Bihar Cinemas Regulation Act was to regulate the exhibitions by means of cinematograph in the State of Bihar and Section 3 definitely enjoined that no cinematograph exhibition could be conducted at any place other than the one specified in the licence issued under the Act. Then, there were detailed provisions (vide Rule 23 of the Rules) regarding the electrical installations at such a place. He further pointed out that although under the Electricity Rules, the obligations upon the Electrical Inspector was to hold an inspection once in a period of five years in the case of a cinema hall it was mandatory that an annual inspection of the electrical installations must be made as it was linked with the renewal of the licence. The rules then went oh (vide Rule 25 of the Rules) to fix the inspection fee for the first as also the sub sequent inspections. According to Mr. Singh the Cinemas 'Regulation Rules dealt with the regulatory measures relating to cinema halls, including the standard of their electrical installations and the annual inspection, ex-animation etc. of those installations as a special subject and in so far as cinema halls were concerned, the provisions of the Indian Electricity Rules were no more than general provisions. Relying upon the well established principle that a special statute will hold the field in preference to a general law. Mr. Singh contended that the inspection of the electrical installations at a cinema hall could only be made in terms of the provisions of the Cinemas Regulation Rules and the fee chargeable for such an inspection could also be only in terms of Rule 25 of the Rules.
8. Mr. Bajla learned counsel appearing on behalf of the 3rd respondent, on the other hand, submitted that the inspections in terms of the provisions of the Cinemas Regulation Rules and under the provisions of the Indian Electricity Rules were different in nature, scope and object and were also mutually exclusive and accordingly the fees chargeable. for the two inspections made under the provisions of two different statutes would be different. Mr. Bajla pointed out that in terms of the Cinemas Regulation Rules the Electrical Inspector undertook the inspection only in order to assist the Licensing Authority under the Cinemas Regulation Act for the grant or refusal to issue a Licence under the Act. He further submitted that the nature of an inspection made under the Electricity Rules was vastly different and much greater in scope. With reference to Rule 12 of the Cinemas Regulation Rules, Mr. Bajla pointed out that in terms of that provision the Electrical Inspector could undertake an inspection of a cinema hall only when asked by the Licensing Authority either on his own or on the directions of the State Government whereas under the Electricity Rules, the Electrical Inspector himself was the sole authority and it was within his own competence and power to conduct an inspection, examination, test etc. of any place or premise at least once in a five years or may be more if he so thought necessary. Mr: Bajla pointed out that under the Cinemas Regulation Rules, the Electrical Inspector was only acting at the direction of someone else in order to render assistance to the Licensing Authority whereas under the Electrical Rules he would act suo motu and to his own satisfaction. As noted above, it was also pointed out by him that the nature of the two inspections were quite different.
9. As regards Mr. Bajala's contention that the inspections under the provisions of the two statutes differ in nature and scope, it is squarely met by Rule 23 of the Cinemas Regulation Rules which lays down that the whole of the electrical installation in the licensed premises must comply in all respect with the Indian Electricity Rules where these apply. That being the standard set for the electrical installation in a cinema hall, it is plain and apparent that the scope of the inspection, examination, test etc. held in case of a cinema hall cannot be less stringent or inferior in standard than for any other premises envisaged under the Electricity Rules.
10. As regards Mr. Bajala's submission regarding the Electrical Inspector's independent authority, it is to be noted that the submission is based on the provision of Rule 12 of the Cinemas Regulation Rules only. It tends to over look other provisions in the Cinemas Regulation Rules. In my view Mr. Bajala's misgivings regarding the independent authority of the Electrical Inspector under the Cinemas Regulation Rules are quite unfounded. This would be quite clear from the following passage in Rule 25 :
'........... A fee of Rs. 50.00 shall be levied and credites to Government for every subsequent inspection whether on the occasion of the renewal of the licence or made necessary by the extstence of defects which in the opinion of the Electrical Inspector render the electrical installation unsafe.'
I have, therefore, no doubt in my mind that even under the Cinemas Regulation Rules and in case of a cinema hall, the Electrical Inspector is not constrained to act only at the request or direction of the Licensing Authority but he is fully entitled and authorised to act on his own and to his own satisfaction and if he has reason to believe regarding the existence of defects, he is fully empowered to undertake an inspection, examination or test etc. of the electrical installations in a cinema hall at any reasonable time.
11. Having considered the rival points of view, I find considerable force in the submissions advanced for the petitioners. I am of the considered opinion that as long as a place premise is being used for giving exhibitions by means of cinematograph under a valid licence and within the parameters of the Bihar Cinamas Regulation Act and the Rules framed thereunder, an inspection of the electrical installations in the premise can be made only in terms of the Cinemas Regulation Rules and the fees chargeable also must be as prescribed under Rule 25.
12. Hypothetically, a situation may arise that in a certain premise films are being exhibited without any valid licence and in contravention of the provisions of the Cinemas Regulation Act and Rules. In such a case (whatever may be the consequence under the
Cinemas Regulation Act and the Rules), the
Electrical Inspector will not be powerless
from entering into the premise for inspection,
examination, test, etc. of the electrical instal
lations in the premise. As in such a case the
cinema shows are operating beyond the para
meters of the Cinemas Regulation Act and:the
Rules, the inspection shall not be in terms of
the Cinemas Regulation Rules but under the
Electricity Rules and the correspondent fee
will be chargeable.
13. I may at this stage record that Mr. Singh also assailed the demand on the ground the it was hot fee as known to law because the charge was not commensurate to the services recorded and also because the amount was credited to the general head of the State receipts; He also assailed the impugned demand on some other minor grounds but I do not propose to enter into those questions and leave them open as I am of the opinion that 'this application is fit to succeed on the ground that the notification under Section 7(2) of the Electricity Rules had no application in the case of Cinema halls and respondent No. 3 erred in demanding inspection fee on that basis.
14. For the reasons recorded above, I am satisfied that the demands made by the Electrical Inspector in terms of Annexures 1 and 3 are unsustainable in law. I accordingly quash the demands as contained in Annexures 1 and 3. It will be, however, open to the Electrical Inspector to realise the fee for inspection in terms of Rule 25 of the Cinemas Regulation Rules, if not already paid by the petitioners.
15. In the result, this application is allowed. No costs. Application allowed.