TMI Blog2020 (2) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... very clearly state as follows: the Central Government hereby amends . Thus, it is clear that it is the Central Government alone that has amended these rules. Apart from that, the points raised by the learned Assistant Solicitor General also deserve consideration. The Central Government has to function through a human agency, who has to sign and authenticate these orders. The Government, therefore, passed the orders in the name of President of India called the Authentication of orders and Instruments Rules, 2002. As far as the DGFT is concerned, the power has been given to the Director General of Foreign Trade, the Additional Director General and others to sign to authenticate all instruments made and executed in the name of the Presiden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19(1)(g), and 21 of the Constitution of India and also violation of Section 6(3) of Foreign Trade (Development and Regulations) Act, 1992 and violation of the Principles of Natural Justice, (b) issuing consequential Notification vide Notification No.22/2015-2020, dated 21/08/2017 and Notification No.06/2015-2020, dated 04/05/2018, modifying various pulses falling in Exim Code 07133100, 07139010, 07139090 from FREE to RESTRICTED. Illegal, arbitrary, nonest in the eye of Law, without jurisdiction, Violation of Articles 14, 19(1) (g), and 21 of the Constitution of India and also violation of Section 6(3) of Foreign Trade (Development and Regulations) Act, 1992 and violation of the Principles of Natural Justice, (c) in Issuing consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eely permitted the import of the material involved in this case, namely pigeon peas. They were imported under free category i.e. there were no restrictions on the import of this material. Petitioner entered into various contracts with foreign suppliers and was importing the pulses. Apart from the customs formality, learned counsel for the petitioner submits that they have had no other statutory obligation to fulfil. Suddenly, on 05.08.2017 orders were issued modifying the Exim code by which pigeon peas were moved from free category to restricted category. Similarly, various other modification orders were also issued by virtue of which, the pulses of all varieties which were till then freely imported have now been restricted . The petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment reported in Gulf Goans Hotels Co. Ltd., v. Union of India 2014 (10) SCC 673 and State of Uttaranchal v. Sunil Kumar Vaish 2011 (8) SCC 670. Relying on these two judgments, learned counsel argues that the impugned notification is not validly issued and that only the Central Government can issue the same. It is also his contention that Executive and State actions have to be taken in the name of the President or Governor as the case may be and that any other decision cannot be said to be an order that is issued by the Government of India. Consequently, he argues that the notification should be set aside as it is not properly authenticated. In reply to this, learned Assistant Solicitor General draws the attention of this Court t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Solicitor General argues that the order is issued by the Central Government and that it is validly signed and authenticated by the 3rd respondent. Lastly, relying upon a single Judges decision from the Calcutta high Court in WP.No.26409 of 2013, the learned counsel argues that the DGFT is empowered to sign and authenticate such orders. This Court after hearing both the learned counsel notices that although the arguments were lengthy, the short and simple question involved in this case is about the interpretation of sections 3 and 6 of the Act and the authentication. Section 3 of the Act confers the power on the Central Government to make orders and polices. Section 6 of the Act prohibits the exercise of this power, particularly under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification is valid. Lastly, the judgment of the learned single Judge in WP.No.26409 of 2013 is also in the opinion of this Court; appropriate. In that case also, notifications were issued. After considering the issue about the Allocation of Business Rules, the learned single Judge came to the conclusion that the signature on the notification by the DGFT is a valid signature. In that case, learned single Judge agreed that under the Allocation of Business Rules, the source of power of the DGFT to sign the notification could be traced. This Court is therefore of the opinion that there is no merit in the contention urged by the learned counsel for the petitioner. The notification clearly states that it is issued by the Central Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
