S. C. AGRAWAL, J.

Leave granted

2. Head learned counsel for the parties

3. These appeals raise for consideration the question whether a video parlour wherein a pre-recorded cassette of the cinematograph film is exhibited though the medium of video cassette recorded (VCR)/video cassette player (VCP) falls within the ambit of the definition of cinematograph contained in the Cinematograph Act, 1952 and the Punjab Cinemas (Regulation) Act, 1952 (hereinafter referred to as the Act)

4. The appellants have been running video parlours in the State of Haryana wherein pictures are exhibited through the medium of VCRs. They have not obtained any licence for such exhibition of pictures under the provisions of the act and the Punjab Cinemas (Regulation) Rules, 1952 (hereinafter referred to as the Rules) as applicable in the State of Haryana. As they were required to obtain the necessary licence under the Act and the Rules, they moved the High Court of Punjab and Haryana for an appropriate writ declaring that they are not required to obtain such licence. The case of the appellants was that the VCR used for the purpose of playing a pre-recorded video cassette does not constitute Cinematograph as defined in clause (c) of Section 2 of the Cinematograph Act, 1952 and the clause (a) of Section 2 of the Act. A learned Single Judge of the High Court by his judgment dated May 7, 1991, rejected the said contention of the appellants and dismissed the writ petitions. The learned Judge has, in this regard, placed reliance on the earlier decision of a Division Bench of the said High Court in Deep Snack Bar, Sonepat v. State of Haryana (AIR 1984 P&H 377 [LQ/PunjHC/1984/301] : ILR (1984) 2 P&H 478) wherein it was held that a VCR is included within the ambit of the definition of "cinematograph" contained in Section 2(a) of the Act. The learned Single Judge rejected the contention urged on behalf of the appellants that Section 3-A as inserted in the Punjab Entertainment Duty Act, 1955 in the State of Haryana in 12984 and Rule 8-A inserted in the Punjab Entertainment Duty Rules, 1956 in the State of Haryana in 1984 wherein separate provisions have been made for levy of entertainment duty on video shows indicate that video parlours have not been treated at par with regular cinemas. The learned Judge held that the said provisions do not in any way affect the interpretation of the definition of the cinematograph contained under Section 2(a) of the Act. Letters Patent Appeals filed against the said decision of the learned Single Judge were dismissed in limine by a Division Bench of the High Court by its order dated November 26, 1991. Civil Appeals arising out of SLP Nos. 2219, 2255, 2344 and 2348 have been filed against the said orders of the Division Bench of the High Court dismissing the Letters Patent Appeal against the order of the learned Single Judge. Civil Appeal arising out of SLP(C) of No. 4706 has been filed against the order of the Division Bench of the High Court dated January 22, 1992 dismissing in limine the writ petition filed by the appellant in the said appeal

5. The Cinematograph Act, 1952 has been enacted by Parliament to make provision for certification of cinematograph films for exhibition and for regulating exhibitions by means of cinematograph. The expression cinematograph is defined in Section 2(c) of the said Act as under

"(c) cinematograph includes any apparatus for the representation of moving pictures or series of pictures;"

The same definition of the expression cinematograph is contained in Section 2(a) of the Act

6. The decision of the Division Bench of the High Court of Punjab and Haryana in Deep Snack Bar, Sonepat, v. State of Haryana (AIR 1984 P&H 377 [LQ/PunjHC/1984/301] : ILR (1984) 2 P&H 478) holding that the definition of cinematograph contained in Section 2(a) of the Act, being an inclusive definition, would cover VCR which is used for representation of the motion pictures, is in line with the decisions of the other High Courts wherein also VCR has been held to be covered by the definition of cinematograph. (Se : Restaurant Lee v. State of M. P. 1983 AIR(MP) 146 : 1983 MPLJ 543); Balwinder Singh v. Delhi Admn. 1984 AIR(Del) 379 : 1984 Rajdhani LR 302); Dineshkumar Hanumanprasad Tiwari v. State of Maharashtra 1984 AIR(Bom) 34 : (1984) 1 Rec Cri R 219))

7. We are in agreement with this view. The definition of the expression cinematograph contained in Section 2(c) of the Cinematograph Act, 1952 and Section 2(a) of the Act is an inclusive definition which includes any apparatus for representation of moving pictures or series of pictures. The said definition cannot be confined in its application to an apparatus for representation of moving pictures or series of pictures which was known not he date of the enactment of the said provision. It must be given a meaning which takes into account the subsequent scientific developments in the field in accordance with principle of statutory construction laid down in senior Electric Inspector v. Laxmi Narayan Chopra. In that case it has been held -

"[I]n a modern progressive society it would be unreasonable to confine the intention of Legislature to the meaning attributable to the word used at the time the law was made, for a modern Legislature making laws to govern a society which is fast moving must be presumed to be aware of an enlarged meaning the same concept might attract with the march of time and with the revolutionary changes brought about in social, economic, political and scientific and other fields of human activity. Indeed, unless a contrary intention appears, an interpretation should be given to the words used to take in new facts and situations, if the words capable of comprehending them." *

(SCR pp. 156057)

8. The VCR/VCP were developed in 1970 and achieve and the same purpose as the traditional media for exhibition of moving pictures. There is nothing in the Act which excludes the applicability of the Act to VCR/VCP

9. The High Court was, therefore, right in holding that VCR/VCP are within the ambit of the definition of cinematograph contained in Section 2(a) of the Act and the appellants in order to carry on the business of running video parlours/or showing pre-recorded cassettes of films through the medium of VCR/VCP must obtain a licence in accordance with the provisions of the Act and the Rules

10. The appeals are accordingly dismissed but with no orders as to costs.