STATE OF MYSORE Vs. H SANJEEVIAH

JUDGEMENT

(1.) By S. 37 of the Mysore Forest Act 11 of 1900 the State Government is authorized to make rules to regulate the "transit of * * forest produce". In exercise of the powers conferred by S. 37 the State Government of Mysore has framed rules to regulate the "transit of timber, fire-wood, charcoal and bamboos from all lands". By R. 2 framed on October 13, 1952 it was provided that no person shall import forest produce into, export forest produce from, or move forest produce within, any of the areas specified in Sch. 'A' (hereinafter referred to as the Scheduled area), unless such forest produce is accompanied by a permit prescribed in R. 3. On April 15, 1959 the State of Mysore issued a notification adding a provision to R. 2 which read as follows:

(2.) The respondent who is a dealer in timber filed a petition under Art. 226 of the Constitution for an order quashing the two provisos to R. 2. on the grounds inter alia that the two provisos were beyond the rule making authority conferred upon the State Government by S. 37 of the Mysore Forest Act 11 of 1900, and that in any event the provisos imposed unauthorised restrictions on the freedom of trade, commerce and intercourse. The High Court of Mysore held that by the provisos inserted in R. 2 the State Government had while seeking to regulate the transport of timber "stopped transport altogether," and in doing so the State Government acted in excess of the powers conferred upon it by S. 37 of the Act. The High Court also held that the two provisos were not saved by Art. 305 of the Constitution and since the function of the two provisos was not regulatory but prohibitory, they were violative of Art. 301 of the Constitution and must be struck down as unconstitutional. With special leave granted by this Court, the State of Mysore has appealed to this Court.

(3.) Section 37 (1) of the Mysore Forest Act 11 of 1900, provides: