TMI Blog2000 (8) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... to be within what is spelt in the D.K. Trivedi case (supra) while the respondent stresses it not to be confined to that case. The impugned notifications dated 17th August, 1991 and 28th September, 1994 issued by the State of Bihar enhancing the rate of royalty have to be tested as in which of the two orbits it falls. If it falls within the restricted orbit, as submitted by the appellants, it may be ultra vires but would be valid if it falls within the other orbit. Mr. F.S. Nariman, learned senior counsel, submits that extents and limitations of the power of the delegatee have to be read as laid down by this Court in D.K. Trivedi case (supra), where the validity of this very delegation of power to the State Government was under challenge. Based on this the submission is, Item 54 of the Second Schedule of the Act controls and guides the State Government (hereinafter referred to as the State), for fixing or enhancing the rate of royalty which has to be within the reasonable bounds of 12% of the sale price at the pits mouth. Admittedly in the present case it is far beyond this, hence the submission is that the impugned notifications are liable to be struck down. On the other hand, sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al with the procedure for obtaining prospective licence, or mining leases in respect of the land in which minerals vest in the Government. Section 13 empowers the Central Government to make rules in respect of minerals. Section 14 specifically excludes Sections 5 to 13 from application of quarrying leases, mining leases or other minerals concessions in respect of minor minerals. Section 15 empowers the State to make rules in respect of minor minerals. Section 16 entrusts power to modify mining leases granted before 25th October, 1949. Section 17 gives special power to the Central Government to undertake prospecting or mining operations in certain lands. Section 18 refers to the mineral development. Licences and mining leases under the Act to be void under Section 19 if made in contravention of the Act, while Section 20 makes the Act and Rules to apply to all renewals. Section 21 imposes penalties. Section 22 refers to the cognizance of offences. Section 23-C empowers the State to make rules for preventing illegal mining, transportation and storage of minerals. Section 26 entrusts both Central and the State to delegate its power under the Act on officer or authority of the Central o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in respect of any minor minerals for more than once during any period of four years. This delegation of power to the State withstood its challenge in D.K. Trivedi case (Supra), as aforesaid. Later this section was amended on 10th February, 1987, by introducing sub-section 1-A through Act No.37 of 1986. This was in particular and without prejudice to the generality of power conferred by sub-section 1 of Section 15. This sub-section 1-A is quoted hereunder:- (1-A): In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor; (b) the time within which, and the form in which, acknowledgement of the receipt of any such applications may be sent; (c) the matters which may be considered where applications in respect of the same land are received within the same day; (d) the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1957 provides for the regulation of mines and the development of minerals under the control of the Union. Since the last amendment of the Act in 1972, many problems have come to the force. The adverse effects of mining operation on ecology and environment have increasingly come to notice. In many cases, mining operations have been undertaken without proper prospecting resulting in unscientific mining. Further, a number of Committees have stressed the need for amending certain provisions of the Act with the object of removing bottle-necks and promoting speedy development of mineral based Industries. State Governments and representatives of trade and industry have in formal forums like the Mineral Advisory Council as well as in other forums, expressed the desirability of taking a fresh look at the various provisions of the Act with a view to making them more effective and development oriented. 2. The suggestions made from time to time have been considered and incorporated in the present Bill, which, inter alia, includes the following salient features, namely :- (i) inclusion of 11 more minerals of national importance in the First Schedule to the Act; (ii) premature termina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28(1) rules or notifications by it including enhancement of royalty is to be laid before the Parliament. The High Court repealed the contention of the appellants by holding: No doubt when the decision in the case of D.K. Trivedi and sons (Supra) was given there were no specific guidelines in Section 15 of the Act. However..Amendment Act 1986 (Act No.37 of 1986) which came into force on 10th February, 1987, guidelines have been provided in Section 15 itself.clause (g) of sub-section 1-A provided that the rules may be framed by the State Government for fixing and collecting rent, royalty, fees etcThe guidelines provided for framing Rules in respect of minerals other than minor minerals do not remain relevant after insertion of sub-section 1-A in Section 15 of the Act. However, submission for the appellants is sub-section 1-A only empowers the State Government but does not lay down any guideline, hence it cannot shield the State to be providing with any guideline, for which State has only to fall under Item 54 of Schedule II of the Act, which records:- Item 54: All other materials not herein before specified = Twelve per cent of sale price at the pits mouth. The submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ange the rate of royalty but it cannot be construed as giving any guideline. It is only when legislature fixes any maximum rate, beyond which delegatee cannot enhance the rate, it could be said it - retained sufficient control over the delegatee. The control of the Parliament in relation to the major minerals for such enhancement is enshrined in Section 28(1) of the Act, State of M.P. V. Mahalakshmi 1995 (Supp) 1 SCC 642 upheld such a delegation. The delegatee, viz., Central Government was entrusted with the power to amend the Second Schedule which fixes royalty but obligates the delegatee to lay such amendment before the Parliament. This is absent in the case of minor minerals. Next it is submitted, this Court in Baijnath Kedias 1969 (3) SCC 838, held that the State legislature is denuded of all its legislative power over the minor minerals after the passing of the said Act, hence it looses its legislative control for fixing the royalty. The State only acts as delegatee of the Parliament to enhance the rate of royalty. So far, Section 28(3), which is for minor minerals, merely provides laying down procedure before the State legislature for information and not with any entrustme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion in the public interest. The preamble as well as Section 2 of the Act speak about the expedience of Union control of both major and minor minerals. Thus no part of the Act can be construed so as to take away the control of the Union. Section 28(3) cannot be read so as to divest the Union of its control and vest the control in the respective State legislature. In view of difference in the language between Sections 28(3) and 28(1), the same purport what is contained in sub-section (1) cannot be brought into sub-section (3). Further the taxing statute must be interpreted as it reads with no additions or subtractions of words and where two opinions are possible the one which benefits an assessee must be adopted. Learned senior counsel Mr. S.B. Sanyal, in addition to the adoption of the submissions by the aforesaid two learned counsels further submits that Section 28(3) which is brought in through amendment cannot be construed to confer authority on the State legislature to modify any notifications or rules framed by the State Government. But laying of such rule or notification before the State legislature is only for the purpose of information. In a delegated legislation the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... difying the rates fixed by the Parliament itself. Secondly, major minerals are minerals of national importance hence require uniform treatment at the national level. In contrast, the minor minerals are mostly used locally and are of local importance and hence their treatment is left to the State Government at the provincial level. This is in recognition of States original power to determine such royalty under Entry 54 of List II of the Seventh Schedule. This is also in tune with the principle of federalism which requires local matters to be left for it being dealt with by the State Government. Further submission is, in order to find the guidelines the nature of the subject matter is also to be considered. The product, namely, minor minerals is neither produced nor it belong to the appellants. So it is not a case of imposition of tax simplicitor on the appellants but such tax in fact includes the price of the minerals which is the property of the State. In other words, it includes the price of the property which State parts with. Thus, royalty is a unique kind of tax which is different from other taxes. Both royalty/dead rent are integral part of the lease as talked about in Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alidity of Rule 21(b) of the Gujarat Minor Minerals Rules, 1966 and few notifications issued by the State Government under Section 15 in respect of the minor minerals. The relevant notifications were, one dated 29.11.1974 by which the State Government made Gujarat Minor Minerals (Fourth Amendment) Rules, 1974 whereby Rule (1) was substituted and Schedule II was amended w.e.f. 1.12.1974. By this the rate of royalty and dead rent in respect of some of the minor minerals were specified. Through the notification dated 29th October, 1975 the State Government brought in Gujarat Minor Minerals (Second Amendment) Rules, 1975, whereby Rule 21 of the said rules and Schedule I was substituted w.e.f. 1.11.1975, through which the rate of royalty in respect of several items were enhanced. The next notification was dated 6th April, 1976, by which the State Government made the Gujarat Minor Minerals (Second Amendment) Rules, 1976 through which it substituted Schedule II in the said rules, by which the dead rent was enhanced. The next notification was dated 26th March, 1979, through which the State Government made the Gujarat Minor Minerals (Amendment) Rules, 1979. Through this new Rule 21-B was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d therewith. When Section 14 directs that The provisions of Sections 4 to 13 (inclusive) shall not apply to quarry leases, mining leases or other mineral concessions in respect of minor minerals, what is intended is that the matters contained in those sections, so far as they concern minor minerals, will not be controlled by the Central Government but by the concerned State Government by exercising its rule- making power as a delegate of the Central Government. Sections 4 to 12 form a group of sections under the heading General restrictions on undertaking prospecting and mining operations. The exclusion of the application of these sections to minor minerals means that these restrictions will not apply to minor minerals but that it is left to the State Governments to prescribe such restrictions as they think fit by rules made under Section 15(1). The reason for treating minor minerals differently from minerals other than minor minerals is obvious. As seen from the definition of minor minerals given in clause (e) of Section 3, they are minerals which are mostly used in local areas and for local purposes while minerals other than minor minerals are those which are necessary for indust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of sale price at the pits mouth. In our considered opinion such a restrictive interpretation is not to be found in the D.K. Trivedis case (Supra). In that case, through the aforesaid 1979 notification, rate of dead rent was enhanced by substituting the then existing Schedule II. The then existing rate of dead rent in Schedule II was: 1. For specified minor minerals For every 100 sq. metres or part thereof, up to 5 hectares .. Re. 0.35 For each additional hectare or part thereof, exceeding 5 hectares ..Rs.50.00 2. For other minor minerals For every 100 sq. metres or part thereof upto 5 hectares ..Re. 0.20 For each additional hectare or part thereof exceeding 5 hectares ..Rs.35.00 This was substituted and the rate of dead rent per hectare was enhanced to ₹ 1200/-, 1500/-, 2,000/- and 3,000/- in various cases. Though the enhancement through this notification of 1979 was enormous yet no submission was made, nor this Court adverted or recorded that this enhancement has to be restricted to 12% of the sale price at pits mouth in terms of Item 54 of Schedule II. In fact, in spite of this large enhancement, 1979 notification was upheld. The question, whether any such increase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strictions, on the contrary left it open for it to prescribe such restrictions as it thinks fit. In other words Sections 4 to 12, not being applicable to the minor minerals, the figurative restrictions what is contained there could not be made applicable, but of course they are available as a guide line to the State Government to take note of in other respects, while framing its rules. So, they are available not as restrictive or limiting guidelines but are available otherwise for its consideration and adoption, wherever it is necessary. If submission for the appellants is accepted, it would militate against the express mandate of Parliament as contained in Section 14 which excludes Sections 4 to 12 from its application to minor minerals. The fallacy of this submission that the rate of royalty and dead rent, for the minor minerals, is to be what is contained in Item 54 of Schedule II, is based on misconstruing both the said judgment of this Court and the provisions of the Act. The submission is, as Section 3(a) defines minerals which would include minor mineral, hence Item 54 as it records: all other minerals not hereinbefore specified would include minor minerals. It is an i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch of the aforesaid considerations itself may be taken note by the State Government while framing its own rules for the minor minerals. In other words, it may apply rate of royalty for the minor minerals at the same rate as the then existing rate, on the date this Act came into force. Schedule II with reference to Section 9 fixes rate of royalty for various minerals not being minor minerals is also a good source of guideline. There we find various methods applied for fixing or charging the royalty on the various minerals. It demonstrate charging of royalties per tone, per unit per cent, per tone of ore on prorata basis, per cent of sale price at the pits mouth etc.. In the case of gold, it is per one gram of gold per tonne of ore and on pro rata basis on the basis of per 100 kg. With reference to Uranium it is for dry ore with U3 O8 content of 0.05 per cent with pro rata increase/decrease @ Re.1.00 per metric tonne of ore for 0.01 per cent. This pattern of charging also reveals a good guiding force while fixing any royalty by the State Government for the various minor minerals. This apart, the guidelines even in the D.K. Trivedis case (Supra) does not confine itself to Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also illustrative of the general power conferred on Section 15 (1). Thus as sub-section (2) of Section 13 was held to be the guiding force to the State Government is now applicable to this sub-section (1-A) through the infusion of various sub-clauses in sub-Section (1-A). The submission that it is only power is equally applicable to sub-section (2) of Section 13. Even sub-dividing the exercise of power through various sub-clauses, both in Section 13 (2) and sub-Section (1-A) of Section 15 implicitly gives guideline to the delegatee. In fact, the Parliament itself through various amendments has been strengthening the guidelines to the State Government. Not only sub-Section (1-A) of Section 15 but even Section 4A and Section 17A were inserted through the same amending Act No.37 of 1986. Similarly, sub- section (3) was inserted in Section 28 by Act No.25 of 1994 and Section 23- C was inserted by Act No.38 of 1999. Even Section 14 was amended by the aforesaid Act No.37 of 1986. Earlier Sections 4 to 13 were excluded for the minor minerals but through this amendment, the exclusion shrunk to Sections 5 to 13. In other words, both Sections 4 and 4A were made applicable even to the minor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to achieve the objectivity which the legislature intended. Whenever there are two possible interpretations its true meaning and legislature intended has to be gathered, from the Preamble, Statement of Objects and Reasons and other provisions of the same statute. In order to find true meaning of any or what the legislature intended one has to go to the principle enunciated in the Heydons case, which laid down the following principle as early in the sixteenth century. 76 E.R. 637 = (1584) 3 Co. Rep. 7a 9.7; (1) What was the law before making of the Act; (2) What was the mischief or defect for which the law did not provide; (3) What is the remedy that the Act has provided; and (4) What is the reason of the remedy. The Court must adopt that construction which suppresses the mischief and advances the remedy. This Court has followed this principle in Bengal Immunity Co. Ltd. Vs. State of Bihar Ors., AIR 1955 SC 661 (674); The Commissioner of Income tax, Patiala Vs. M/s Shahzada Nand Sons, AIR 1966 SC 1342 (1347); Sanghvi Jeevraj Ghewar Chand Ors. Vs. Secretary, Madras Chillies, Grains and Kirana Mercants Workers Union Anr.,AIR 1969 SC 530 (533); Union of India Vs. Sankalachand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulation of mines and mineral development includes wide activity of the State including parting with its wealth, are all relevant factors to be taken into consideration as a guiding force for fixing such royalty/dead rent. For interpretation of a Statute with reference to Preamble we may usefully refer the case of Bhatnagar Co. Ltd. Vs. Union of India Ors., AIR 1957 SC 478 where Constitution Bench held: In other words, in considering the question as to whether guidance was afforded to the delegate in bringing into operation the material provisions of the Act by laying down principles in that behalf, the Court consid/bn ered the statement of the principles contained in the preamble to the Act as well as in the material provisions of s. 3 itself. This decision shows that if we can find a reasonably clear statement of policy underlying the provisions of the Act either in the provisions of the Act or in the preamble, then any part of the Act cannot be attacked on the ground of delegated legislation by suggesting that questions of policy have been left to the delegate..... With reference to the regulation of mineral development, with reference to the minor minerals the policy of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment. In conserving or regulating the development of any mineral resources, the price factor is inherent. Any development requires, planning, execution, management and with reference to the excavation of mines, controlling the extent and manner of mining, to check its wastage, protecting environment and controlling pollution etc. which are provided in this Act. This all require expenditure to be incurred by the State coupled with considerations for parting with the wealth of the State, as minerals belongs to the State except on private land. They are all guiding factors in fixing, modifying or enhancing the rate of royalty. Thus development of mineral resources inherently refers to the price factor to be recovered by the owner. One of the submission for the appellant is, since royalty is a tax, delegation for its enhancement cannot be left unbridled on the delegatee and if two interpretations are possible, the one which favours an assesee should be accepted. It is true that this Court has held royalties on the minerals to be a tax in India Cement Ltd. and Ors. Vs. State of Tamil Nadu and Ors. 1990(1) SCC 12, Orissa Cement Ltd. Vs. State of Orissa and Ors. 1991 Supp.(1) SCC 430, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Act No.37 of 1996 this period was of 4 years. We have to keep in mind, in the present case, delegation of power is on the State Government which is the highest executive in the State, which is responsible to the State Legislature. In a Parliamentary democracy every act of the State Government is accountable to its people through State Legislature which itself is an additional factor which keeps the State Government under check to act arbitrarily or unreasonably. When a policy is clearly laid down in a statute with reference to the minor mineral with main object of the Act for its conservation and development, coupled with various other provisions to the Act guiding it, checking it and controlling it then how such delegation could be unbridled. With reference to Municipal Corporation of Delhi Vs. Birla Cotton, Spinning and Weaving Mills, Delhi, 1968 (3) SCR 251, the question of delegation of power to the Municipal Corporation and the State Government was considered in which Avinder Singh and Ors. Vs. State of Punjab and Ors. 1979 (1) SCC 137 was considered and relied as under: In the Municipal Corporation of Delhi case, the proposition that where the power conferred on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he taxes shall be only for the purposes of the Act. Diversion for other purposes is illegal. Exactions beyond the requirements for the fulfilment of the purposes of the Act are also invalid. Like in Section 90(1), Section 90(2) also contains the words of limitation for the purposes of this Act and that limiting factor governs sub- sections (3), (4) and (5)The expression purposes of this Act is pregnant with meaning. It sets a ceiling on the total quantum that may be collected. It canalises the objects for which the fiscal levies may be spent. It brings into focus the functions, obligatory or optional, of the municipal bodies and the raising of resources necessary for discharging those functions nothing more, nothing else. Thus this case clearly lays down that fixation of the policy of the Act in the matter of taxation itself is a guidance to a delegatee, which is also be found in the present case, when its preamble, objects and reasons and various other provisions refers to for the development and regulation of mines and minerals. The fixation of rate has co-relate for this purpose of the Act and not beyond it. With reference to another submission that only purposeful guidanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income tax Act were put in issue before this Court, the challenge was repelled and during the course of the judgment delivered on December 21, 1956, the previous history of the earlier Income tax Acts was taken into account to decide what policy could be said to underlie the provisions of the impugned section. This Court in Municipal Corporation of Delhi (Supra) also referred to the history of enactment while examining and testing vires of the Act. It records: According to our history also there is a wide area of delegation in the matter of imposition of taxes to local bodies subject to controls and safeguards of various kinds which partake of the nature of guidance in the matter of fixing rates for local taxation. It is in this historical background that we have to examine the provisions of the Act impugned before us. We may further examine this question from another angle. In order to adjudicate, whether any delegation of power is unbridled or excessive, the historical background of similar provisions which preceded the impugned provision should also be kept in mind as it is also a relevant consideration. In fact, D.K. Trivedis case (supra) itself has taken the note of it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1951 SCR 51) and State of Madras v. Gannon Dunkerley Co. (Madras) Ltd. (1959 SCR 379). This takes us to the next submission, whether the introduction of sub- section (3) of Section 28 by the Parliament in any way strengthen the guideline and put a check on the exercise of power by the State Government. Sub-section (1) of Section 28 refers to the placement of every rule and every notification made by the Central Government before each House of Parliament for a period of 30 days when the same becoming effective subject to its modification, if any. Sub-section (3) of Section 28 directs placement of every rule or notification made by the State Government before each House of State Legislature. The submission is, there is no provision in sub-section (3) as in sub-section (1), of such rule being subject to scrutiny for its approval or modification by the State Legislature. The submission is, sub-section (3) in no way places any check on the State Government, as State Legislature is not entrusted with power to approve or modify. In other words, introduction of sub-section (3) is merely for the sake of information and nothing more. Further it is submitted, when language of two differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use, before that House. There is no difficulty for us to uphold their submission that in view of difference in the language of sub-section (3), the same meaning to it as that of sub-Section (1) cannot be given. This difference has been carved out for a purpose to give different projection to the said two provisions. In the case of major mineral which plays important role in the National growth and wealth and where the delegatee is the Central Government, Parliament retained its full control but for the minor mineral, Parliament felt as the subject is for local use and State Government well versed to deal with it in the historical background, mere placement of rules, notifications framed by it before the State Legislature would be a sufficient check on the exercise of its powers. Thus, this difference of language gives two different thrust as intended by the Parliament. Any act of the Parliament, far less when it introduces any new provision through amendment, it could be said for it to be in futility. The purpose has to be found. What could be the purpose for such an amendment? One of the reasons is that this was brought in, in view of the observation made by this Court in D.K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceedings Office of the House of Commons. No opportunity is provided by parliamentary procedure for the instrument to be discussed, but its existence will at least be brought to the notice of members and the Minister is more likely to be questioned about it than if it is not laid before Parliament at all. In a democratic set up, every State Government is responsible to its State Legislature. When any statute require mere laying of any notification or Rule before the Legislature its execution, viz., State Government comes under the scrutiny of the concerned Legislature. Every function and every exercise of power, by the State Government is under one or other Ministry who in turn is accountable to the legislature concerned. Where any document, rule or notification requires placement before any House or when placed, the said House inherently gets the jurisdiction over the same. Each member of the House, subject to its procedure gets right to discuss the same, they may put questions to the concerned Ministry. Irrespective of the fact that such rules or notifications may not be under purview of its modification, such members may seek explanation from such Ministry of their inaction, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under sub-section (3) of Section 28, to place the rules and the notifications framed by it before each House of Legislature the impugned notifications have not been placed. Appellants case is that stating they were not placed, while for the respondent State submission is it were placed. Subsequent to the conclusion of the hearing, learned counsel for the State sought leave of this court, which was granted, to place affidavit with annexures to substantiate its submission. An additional affidavit by Mr. Anand Vardhan, District Mining Officer dated 1st May, 2000 was filed on behalf of the respondent State of Bihar. A reply affidavit dated 4th June, 2000 was filed by one Mr. Subhash Kumar, Secretary of the appellants association. It may be pointed here, out of the two impugned notifications only one notification dated 28.9.1994 was required to be placed before the House of the State Legislature since sub-section (3) of Section 28 was only brought in the year 1994. As per the State affidavit, on the date the arguments concluded in this case, a fax message was received by the Standing Counsel that the notification dated 28.9.1994 had been placed before two houses in the May-June 1994 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pared and sent its administrative report for 1994-95, 1995-96 and 1996-97 and the notification dated 28.9.1994 is referred in these reports. Further 400 copies for the Vidhan Sabha and 100 copies for Vidhan parishand were sent for circulation. Thereafter there are no other document showing it was actually placed before the House. Even if these reports were sent and placed before the House it were said administrative report which did contain the said notification dated 28.9.1994. In fact, the letter dated 27th May, 2000 from Shri Jagdish Prasad Yadav, Dy. Secretary Bihar Legislative Assembly, reveals that the House has no knowledge of the Bihar Mineral Concessions Rule 1972 and amendment made thereunder or any regulation made in this connection. So, it is not possible to hold, based on affidavits of the parties that the impugned notification dated 28.9.1994 was actually placed in terms of Section 28(3). It being part of some administrative report cannot constitute to be a fact to hold its placement in terms of said sub-section (3). Though the affidavit on behalf of State reveals that under rules of procedure and conduct of business of the Bihar Vidhan Sabha, there is a delegated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f certain rules framed by the delegatee before the State legislatures. The Schedule of this Act, refers to the large number of such amendments made by the Parliament. Few of them are being referred hereunder, namely, The Religious Endowments Act, 1863, amendment Section 8 which requires Every rule framed under this section shall be laid, as soon as it is framed, before the State Legislature. By amending Section 20 of the Press and Registration of Books Act, 1867 it directs, Every rule made by the State Government under this Section shall be laid, as soon as may be after it is made, before the State Legislature. Similarly Section 83 of the Indian Christian Marriage Act, 1872, requires that Every rule made by the State Government under this Section shall be laid, as soon as may be after it is made, before the State Legislature. The Registration Act, 1908 amended Section 91 (1) through which the following was brought in Every rule prescribed under this Section or made under Section 69 shall be laid, as soon as it is made, before the State Legislature. We are not further enumerating such is large number of cases recorded in the Schedule itself. Each one of them were the act of Parli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as held in Baij Nath Kedias case (supra) after passing of the aforesaid 1957 Act the power of State Legislature has been completely denuded by the Parliament. If that be so, it is always open for the Parliament to withdraw partially the eclipse if so desires, may leave the Legislature for such part to exercise its power which it originally have by virtue of Item 23 of List II. It is in this light when we examine the amendment by introducing sub-section (3) of Section 28, with provision to lay the rule or notification made by the State Government before the State Legislature it cannot be said it can only be when it is in the concurrent list. Thus such placement cannot be said to be incompetent or keeping if beyond the control of the Parliament. As we have said this placement before the State legislature is for a limited purpose for which the Parliament is competent. Thus introduction of sub-section (3) in Section 28, in this light cannot be said to be of no consequence. It was done for a purpose and that purpose, as aforesaid, is sufficient to hold the State Government under check while exercising its power as a delegatee. We also find there are few provisions in our Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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