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1985 (2) TMI 249 - SC - Indian LawsWhether cl. 3 (IA) of the Tamil Nadu Paddy (Restriction on Movement) Order, 1982 issued by the State Government under s 3 of the Essential Commodities Act, 1955 read with the Government of India, Ministry of Agriculture (Department of Food) Order, a. s. R, 800 dated June 9, 1978, with the prior concurrence of the Government of India, was ultra vires the State Government being in excess of its delegated powers? Held that:- It is amply borne out from the material on record that due to the failure of the southwest and north- east monsoons in successive years, and the consequent poor rainfall, there was a steep fall in production of paddy. In the circumstances, the State Government had no other alternative not only to re-impose compulsory levy on the producers of paddy to the extent of 50%%, but also to introduce a scheme for a monopoly purchase of paddy by the Government with a view to build up its buffer stock for distribution through the public distribution system throughout the State. If one part of the State is faced with a famine or even acute shortage of foodstuffs, it is not unreasonable for the Government to acquire foodstuffs from the surplus areas and distribute the same in areas where they are most needed. The source of power to issue an order under cl.. (d) of sub-s. (2) of s. 3 of the Act being relatable to the general powers of the Central Government under sub-s. (1) of s. 3, there is no reason for us to give a restricted meaning to the word 'regulating' in cl. (d) of sub-s. (2) of s. 3 of the Act so as not to take in prohibiting'. Appeal dismissed.
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