TMI Blog2000 (2) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... ment may, by notification, make rules for carrying out the purposes of this Act, Sub-sections (2) and (3) thereof provide for previous publication of the rules and the rule being laid on the floor of the State Legislature as soon as may be after it is made. In exercise of the power so conferred the State Government has framed the Himachal Pradesh Ceiling on Land Holdings Rules, 1973 (hereinafter 'the Rules', for short), Rule 3 thereof reads as under : 3. Areas to be treated as subservient to tea plantation, - (1) The following areas shall be treated as subservient to tea plantation : (a) areas on which there is programme for expansion of tea plantation during next ten years which will be determined by the State Government; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct containing the following direction : It has been brought to the notice of the Government that the land owners are selling land exempted from the provisions of the H.P. Ceiling on Land Holdings Act, 1972. Therefore you are directed not to register the sale deeds in respect of such lands, and take action in such cases under the provisions of the Land Ceiling Act, 1972 and intimate of the same to the Deputy Com-missioner also so that proper guidance is given by him.'' It is the constitutional validity of amendment made in the Rules by notification dated 4.4.86 (published on 26.4,86) and the circular order dated 21.8.90 which has been put in issue by a writ petition filed by the appellants. The cause of action arose to the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ''5. Exemptions. - The provisions of this Act shall not apply to - (a) lands owned by the State Government or the Central Government; (b) lands belonging to registered Co-operative Fanning Societies; Provided that the share of a member of such society, together with his other land, if any does not exceed the permissible area; (c) lands belonging to Land Mortgage Banks, the State and Central Co- operative Banks and any other Banks as defined in the Explanation - not reproduced. (d) lands belonging to or vested in local authorities; (e) lands belonging to Himachal Pradesh Agriculture University; (f) lands owned by the Bhudan Yagna Board established under the law in force in the State of Himachal Pradesh and ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a binding rule of conduct. What is permitted is the delegation of ancillary or subordinate legislative functions, or, what is fictionally called, a power to fill up the details, (See : Principles of Statutory Interpretation, Justice G.P. Singh, Seventh Edition 1999, at pp,689-690). In Supreme Court Employees Welfare Association v. Union of India, AIR (1990) SC 334, this Court has held : A delegated legislation or a subordinate legislation must confirm exactly to the power granted. (para 62) Rules whether made under Constitution or a statute, must be intra vires the parent law under which power has been delegated. (para 98) In General Officer Commandaig-in-chief Anr. v. Dr. Subhash Candra Yadav Anr., AIR (1988) SC 876, it has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmissible to find out the object of the enactment and then see if the rules framed satisfy the test of having been so framed as to fall within the scope of such general power confirmed. If the rule making power is not expressed in such a usual general form then it shall have to be seen if the rules made are protected by the limits prescribed by the parent Act, (See : Sant Saran Lal Anr. v. Parsuram Sahu Ors., AIR (1966) SC 1852, para 19. From the provisions of the Act we cannot spell out any legislative intent delegating expressly, or by necessary implication, the power to enact any prohibition on transfer of land. We are also in agreement with the submission of Shri Anil Divan that by placing complete prohibition on transfer of land su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. Their Lordships opined that the right to carry on a business guaranteed under Article 19(1) (g) of the Constitution carried with it the right not to carry on business. It logically followed, as a necessary corollary, that the right to acquire, hold and dispose of property guaranteed to citizens under Article 19(l)(f) carried within it the right not to hold any property. It is difficult to appreciate how could a citizen be compelled to own property against his will though he wanted to alienate it and the land being within the ceiling limits was outside the purview of Section 3 of the Act and that being so the person owning the land was not governed by any of the provisions of the Act. Reverting back to the case at hand, the learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X
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