TMI Blog1972 (8) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... e of fitness granted by the High Court, while appeal No.. 1031 of 1967 has been filed by special leave. The common question which arises for determination in these four appeals is whether in exercise of the powers conferred by section 40 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act 44 of 1954) (hereinafter referred to as the Act), the Central Government could amend rule 49 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter referred to as the rules) with retrospective effect. Arguments have been addressed in appeal No. 177 of 1968 and it is stated that the decision in that appeal would govern the other appeals also. Prithvi Chand appellant in appeal No. 177 of 1968 is a dis- placed person from West Pakistan. He filed a petition under article 226 of the Constitution in the High Court on the allegation that he was the owner of agricultural land and buildings in West in the Union Territory of Delhi The claim of the appellant was verified in respect of agricultural land for four standard acres and 9 1/2 units. In November 1953 the Additional Custodian of Evacuee Property. (Rural) allotted barani agricultural land measuring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll mean the agricultural land situated in a rural area." The amendment was given a retrospective effect by providing that the explanation was to be deemed always to have been inserted : vide amendment No. XXXIX dated February 11, 1960 made by the Central Government acting under section 40 of the Act. The case set up on behalf of the respondents was that in view of the Explanation, which incorporated the policy laid down in an earlier press note, the land which could be allotted under the above rule was only rural land and not land situated in urban area. As the land in dispute was situated in urban area, and was of the value of more than Rs. 10,000/-, the same, it was submitted, could be transferred only by means of sale and not by means of allotment. As against that the contention advanced on behalf of the appellant was that the Explanation to rule 49 could not be given retrospective effect as the Central Government had no power to amend rule 49 retrospectively. This contention on behalf of the appellant did not find favour with the learned judges of the High Court. Reference in this context was made to the fact that the rules made under section 40 of the Act had to be laid unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As it is section 40 of the Act which empowers the Central Government to make rules, the rules would have to conform to that section. The extent and amplitude of the rule making power would depend upon and be governed by the language of the section. If a particular rule were not to fall within the ambit and purview of the section, the Central Government in such an event would have no power to make that rule. Likewise, if there was nothing in the language of section 40 to empower the Central Government either expressly or by necessary implication, to make a rule retroactively, the Central Government would be acting in excess of its power if it gave retrospective effect to any rule. The underlying principle is that unlike Sovereign Legislature which has power to enact laws with retrospective operation, authority vested with the power of making subordinate legislation has to act within the limits of its power and cannot transgress the same. The initial difference between subordinate legislation and the statute laws lies in the fact that a subordinate law making body is bound by the terms of its delegated or derived authority and that court of law, as a general rule, will not give effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulation is made by any person or authority to whom such powers have been delegated by the Legislature it may or may not be possible to make the same so as to give re- trospective operation. It will depend on the language employed in the statutory provision which may in express terms or by necessary implication empower the authority concerned to make a rule or regulation with retrospective effect. But where no such language is to be found it has been held by the courts that the persons or authority exercising subordinate legislative functions cannot make a rule, regulation or bye-law which can operate with retrospective effect." Reference was made in the above cited case to an earlier decision of this Court in B. S. Vadera etc. v. Union of India Others([1968] 3 S.C. R. 575) wherein it had been observed with reference to rules framed under the proviso to article 309 of the Constitution that those rules, could be made with retrospective operation. Yadera's case was distinguished on the ground that the view expressed therein was based upon the language employed in the proviso to article 309 that any rules so made shall have effect subject to the provisions of any such Act. It w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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