K C PAZHANIMALA Vs. STATE OF KERALA
LAWS(KER)-1968-7-4
HIGH COURT OF KERALA
Decided on July 26,1968

K C PAZHANIMALA Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) These appeals directed against the decision of Gopalan Nambiyar, J. involve a common point of law which relates to the validity of the Kerala Paddy (Restriction on Milling) Order, 1967. The learned Judge upheld the validity of the Order overruling the several objections raised by the appellants.
(2.) The Kerala Paddy (Restriction on Milling) Order, 1967 has been issued by the Government of Kerala in exercise of the powers conferred by sub-s.(1) read with clauses (d), (i) and (j) of sub-s.(2) of S.3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955). The said provisions read: "3. Powers to control production, supply, distribution, etc. of essential commodities.-- (1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the Defence of India or the efficient conduct of military operations it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the powers conferred by sub-s.(1), an order made thereunder may provide -- (a) ...... ..................... ..... (b) ... ... ... ... ... ... ... ... ... (c) ......... ... ... ............. ... (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity; (e) ... ... ... ... ... ... ... ... ... ... (f) ... ... ... ... ... ... ... ... ... ... (g) ... ... ... ... ... ... ... ... ... ... (h) ... ... ... ... ... ... ... ... ... ... (i) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; (j) for any incidental and supplementary matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, and the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed, and of any books of accounts and documents which in his opinion would be useful for, or relevant to, any proceedings under this Act and the return of such books of accounts and documents to the person from whom they were seized after copies thereof or extracts therefrom as certified by that person in the manner specified in the order have been taken." S.5 of the Essential Commodities Act, 1955, which deals with the delegation of powers to make orders under S.3 by the Central Government reads: "5. Delegation of powers.-- The Central Government may, by notified order, direct that the power to make orders under S.3 shall, in relation to such matters, and subject to such conditions, if any, as may be specified in the direction be exercisable also by (a) such officer or authority subordinate to the Central Government; or (b) such Government or such officer or authority subordinate to a State Government, as may be specified in the direction."
(3.) The Order GSR. 1111 dated 24th July, 1967, issued by the Central Government under S.5 of the Essential Commodity Act, 1955 and amended by the Central Government by GSR. 284 dated 9-2-1968 is reproduced below: "Delegation of Powers by the Central Government. ORDER New Delhi, the 24th July, 1967. GSR. 1111.-- In exercise of the powers conferred by S.5 of the Essential Commodities Act, 1955 (10 of 1955), and in supersession of the Order of the Government of India in the Ministry of Food, Agriculture Community Development and Cooperation (Department of Food) No. GSR. 906 dated the 9th June, 1966 (as subsequently amended), the Central Government hereby directs that the powers conferred on it by sub-s.(1) of S.5 of the said Act to make orders to provide for the matters specified in clauses (a), (b), (c), (d), (e), (f), (h), (i), (ii) and (j) of sub-section (2) thereof shall in relation to foodstuffs be exercisable also by a State Government subject to the conditions (1) that such powers shall be exercised by a State Government subject to such directions, if any, as may be issued by the Central Government in this behalf; (2) that before making an order relating to any matter specified in the said clauses (a), (c) or (f), or in regard to distribution or disposal of foodstuffs to places outside the State or in regard to regulation of transport of any foodstuff, under the said clause (d), the State Government shall also obtain the prior concurrence of the Central Government; and (3) that in making an order relating to any of the matters specified in the said clause (j), the State Government shall authorise only an officer of Government." The Kerala Paddy (Restriction on Milling) Order, 1967 was issued by the Government of Kerala on 20th September 1967, in view of the delegation of power made by the Central Government under GSR. 1111. As already stated GSR. 1111 quoted above contains also the amendments incorporated by GSR. 284 dated 9-2-1968 and since those amendments have no direct impact in, considering the validity of the Kerala Paddy (Restriction on Milling) Order, 1967,11 is not necessary to reproduce GSR 1111 before its amendment by GSR 284. Though the Kerala Paddy (Restriction on Milling) Order, 1967 is purported to have been issued by the Government of Kerala in exercise of the powers conferred by S.3, sub-s.(1) read with sub-s.(2)(d), (i) and (j) of the Essential Commodities Act, 1955, before us it was sought to be sustained only under S.3(2)(d) of the Essential Commodities Act, 1955 and it was freely conceded by the learned Advocate General that S.3(1) read with 3(2)(i) and (j) will not help to promulgate the Kerala Paddy (Restriction on Milling) Order, 1967.;


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