OCL INDIA LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since common questions of law relating to the interpretation of "local area" occurring under Entry 52 of List II of the Seventh Schedule to the Constitution are involved, this Court by its order dtd. 26/3/2015 referred the issue for the decision of a larger bench. The reference order took note of a previous Constitution Bench ruling in Diamond Sugar Mills Ltd. and Anr. v. State of Uttar Pradesh and Anr., (1961) 3 SCR 242 where the court held that a "local area" would be an area which is administered by a local body such as a municipality, a district Board, a local board, a Panchayat or the like and that factory premises are not covered by the aforesaid expression. The court also took note of the Constitution (Seventy-fourth) Amendment Act, 1992 which introduced Article 243-Q relating to the constitution and administration of municipal bodies and held that having regard to these developments, the issues which need adjudication in the present appeals have to be considered by a larger bench. Hence, the appeals are listed before this Bench.

(2.) For a proper determination of the issues involved, it would be necessary first to notice Entry 52 of List II which authorises State Legislatures to levy entry tax:

(3.) The term "local area" has not been defined in the Constitution; however, by Article 367, provisions of the General Clauses Act, 1897, subject to adaptations or modifications made under Article 372 shall apply for interpretation of the Constitution. The General Clauses Act, 1897 does not per se define a local area, however, it does define a "local authority", by Sec. 2(31) in the following terms: