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TMI Blog2014 (10) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... . COMMISSIONER OF POLICE, [ 1993 (10) TMI 374 - KARNATAKA HIGH COURT] , after referring to the definition of place of public amusement and place of pubic entertainment under Ss.2(14) 2(15) of the Act, it was held that a Club is a place in which only its members are permitted to engage in any diversion or recreational activities etc. and such an association need not take out a licence under the Licensing Order. There is no denial of the fact that there is mushroom growth of the societies like that of the petitioner and that the modus operandi is not what it appears to be on paper and bye-laws / memorandum of association etc. Regulatory mechanism is required, to check the illegal activities, if any, in the club(s) / association(s), r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... embers, filed this writ petition, to direct the respondents not to insist upon the obtaining of licence under the relevant Licensing Order/s of the State Government or under the Karnataka Police Act, 1963 (for short, the Act ). 2. According to the learned advocate, the admission to the petitioner club, is restricted to the members and that the petitioner is catering to the sociocultural needs of its members only. Learned counsel contended that only lawful activities are being carried on in the premises of the petitioner and that no game(s) of chance or event(s) of public amusement are being conducted in the petitioner s premises. He submitted that the game(s) played in the petitioner s premises by its member(s) are lawful game(s) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He submitted that by registering the club under the Karnataka Societies Registration Act, 1960, the members of the petitioner cannot carry on activities such as gambling, consumption of liquor and playing game(s) of chance etc., within the premises of the petitioner. Learned counsel further submitted that the action of the respondents being lawful, the petitioner cannot have any grievance against the inspection etc. conducted, when the report(s) of illegal activities being carried on, are received. 4. Perused the writ record and considered the rival contentions. 5. In RAMA RECREATION ASSOCIATION Vs. COMMISSIONER OF POLICE, ILR 1993 KAR 3357 , after referring to the definition of place of public amusement and place of pubic ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ON AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS, ILR 2000 KAR 4822, after observing that the scope for misuse of the premises and infringement of the objectives with which the societies are formed cannot be ruled out, having regard to the clear-cut definitions under Ss.2(14) 2(15) of the Act, it was held that the expression Public , therein, cannot be reasonably construed to cover members of the club or their genuine guests. It was observed that the hallmark of a Member s Club or an Association of members is that all the members have equal stake in it, the internal management vests with the members and those who are in effective management are agents or trustees of the members. The view expressed in RAMA RECREATION ASSOCIATION s case ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gard to the Judgment in the case of RAMA RECREATION ASSOCIATION (supra), the writ petitions were disposed of by issuing the following directions: 1. The petitioners associations / societies immediately after their registration and / or at any point of time before they start running the club, shall approach the concerned police station with copy of their registration under the Act along with copy of the memorandum; the list of the members and lease agreement or any other document/s in respect of the premises of the club. They shall tender all these documents to the concerned police station with their covering letter; 2. The associations / societies shall update list of members submitted to the police after every three months, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ideration an Order dated 09.11.2006 passed in W.P.No.11843/2006, between M/s. SHIVA ASSOCIATION Vs. STATE OF KARNATAKA AND OTHERS. 11. In my view, all the legal points raised by the learned advocates stand covered by the Orders / Judgments referred to hereinabove and hence, a further examination of the contentions is unnecessary. Hence, it is ordered as follows: (i) The petitioner shall install within a period of six weeks, CC TV cameras, at all the places of access to its members and also at all the places, wherein game(s) is/are played by the members. The CC TV footage of at least prior 15 days period shall be made available by the petitioner to the police, as and when called upon to do so. (ii) The petitioner shall issu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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