JUDGMENT

M.N.VENKATACHALIAH, J.

(1) ON a certificate granted by the High Court of Judicature at Madras in respect of its common judgment dated 21/6/1984 rendered in Writ Petition No. 1587 of 1984 and connected matters, the present appeals are filed assailing the sustainability of that judgment insofar as it relates to the striking down of Section 9(2 of the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1984 - "the Act" requiring every person keeping a Video Library licensed under the Act, possessing cinematograph films, to produce in respect of each film whenever demanded by the officer concerned of government a letter of consent got from the first owner of the copyright of such film under the Copyright Act, 1957 or its assignee thereunder, as that enacted by the Tamil Nadu State Legislature - "the State Legislature", without being possessed of the required legislative competence and of Section 10(2 of the Act requiring every person keeping Video Library licensed under the Act not to sell, let to hire, distribute, exchange or put into circulation a cinematograph film which is not certified by the authority under Cinematograph Act, 1952 as suitable for public exhibition and does not contain the prescribed mark or if contains a mark, the film is not altered or tampered with after affixture of such mark, as that enacted by the State Legislature, is invalid and unworkable.

(2) BEFORE taking up for consideration the contentions urged in these appeals against the striking down by the High court S. 9(2 and 10(2 of the Act, it would be advantageous to advert to the scheme of the Act, as could be found from the Preamble and the provisions of the Act.

(3) OBJECT sought to be achieved by the State Legislature by enacting the Act, as declared in its Preamble, is the regulation in the State of Tamil Nadu of the exhibition of films on Television screen through Video Cassette Recorders.

(4) "VIDEO Cassette Recorder" is defined in clause (6 of Section 2 as meaning a cinematograph for the purpose of giving cinematograph exhibition of film, recorded on video cassette tape. "Video Library" is defined in clause (7 thereof as meaning a place by whatever name called where the business of selling, letting to hire, distribution, exchange or putting into circulation in any manner, whatsoever, of film for purposes of exhibition is carried on.

(5) COMING to regulatory provisions in the Act, while Ss. (1 of Section 3 requires that no person shall give an exhibition of film on television screen through Video Cassette Recorder except under a licence granted under Section 6 read with Section 5 of the Act, and in a place other than one for which permission has been granted under Section 7 read with Section 5 of the Act - such place not being allowed to carry on any other business at any time, Ss. (2 thereof lifts the restriction imposed as to exhibition of films under Ss. (1 to exhibition of film on television screen through Video Cassette Recorder to the family members of the household only. Further, while Section 4 thereof requires that no person shall keep any Video Library except under and in accordance with, a licence granted under the Act and under the stated circumstances obtains separate licences and renewals of the licences so obtained. Section 6 thereof requires licensing authority not to grant-a licence for exhibition of film if it goes against public interest and if it is not satisfied that adequate precautions have been taken in place for which licence has to be granted to provide for the safety, convenience and comfort of the persons attending exhibitions therein or as the case may be visiting the Video Library. Thereafter, while Section 7 thereof refers to the powers of the licensing authority to permit construction and reconstruction of buildings, installation of machinery, etc. for exhibition of film. Section 8 thereof reserves to the governmen