VALLEY NOOR MOHOMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner No. 2 is an association of persons who are running salvage farms. The petitioner No. 1 is the president of that association. The petitioner No. 2 association has been registered under the Bombay Non-Trading Corporations Act 1959 Its members have been running salvage farms at village Kakoshi and other places in Mehsana District. At their salvage farms they receive drought buffaloes treat them for a period of time and make them milch buffaloes. When drought buffaloes become milch buffaloes after receiving treatment at the salvage farms they are returned to their owners. Drought buffaloes are received at these salvage farms even from outside the State of Gujarat-more particularly from Bombay. The owners of the salvage farms charge the owners of such buffaloes only for their labour and service. They neither purchase nor sell the buffaloes.

(2.) In 1958 the Bombay Essential Commodities and Cattle (Control) Act 1958 was enacted by the Bombay Legislature inter alia to provide for maintenance and movement of cattle. It applies amongst others to buffaloes. Under the said Act the Government of Gujarat has made the Gujarat Cattle (Export Control) Order 1961 (hereinafter referred to as the Control Order). Under the said Control Order anyone who wants to export (out of the territory of Gujarat State) cattle has to obtain a permit from the authority or officer specified in the Control Order and leas to pay a fee for obtaining such a permit. The said order in the first instance prescribed a licensing fee of rupees five per head of cattle but later on increased it to rupees twenty per head of cattle. The petitioners being aggrieved by the levy of this licensing fee have filed this petition in which they have raised contentions to challenge the validity of the Control Order. Mr. K. S. Nanavati has raised before us the following four contentions :-

(3.) In order to appreciate contentions which Mr. K. S. Nanavati has raised before us it is necessary to consider the scheme of the Bombay Essential Commodities and Cattle (Control) Act 1958 (hereinafter referred to as the Act) in so far as it relates to cattle. It has been enacted for the purpose of controlling and regulating the production movement supply and distribution of and trade and commerce in certain commodities and the maintenance and movement of cattle. We are examining the scheme of the Act only in so far as it relates to control and regulation and the maintenance and movement of cattle. The preamble to the Act inter alia states that it has been enacted for the maintenance licensing and movement of cattle and the licensing of dealers in......cattle and for certain other purposes. It is quite clear from the preamble that so far as cattle are concerned the Act refers to more than one matter in relation to them. Sec. 4 confers upon the State Government powers to make orders providing for several matters specified in it. Clause (b) of sub-sec. 4 empowers the State Government to make an order for regulating the maintenance movement supply and distribution of or trade and commerce in cattle. Clauses (e) (f) and (g) of sub-sec. (2) of sec. 4 also relate to cattle. Clause (e) empowers the State Government to make an order for controlling the price at which........ cattle may be bought or sold. Clause (f) empowers the State Govern ment to make an order for regulating by licence permit or otherwise the movement transport distribution disposal acquisition use and keeping of cattlele Clause (g) empowers the State Government to make an order providing or collecting any information of statistics with a view to regulating or prohibiting any of the matters aforesaid. Clause (j) of show sec. (2) of sec. 4 confers upon the State Government power to make an order in order to provide for any incidental and supplementary matters. Sec. 6 provides for further delegation of powers to the State Government in the following terms:- The State Government may by notified order direct that the power to make orders under sec. 4 shall be exercisable also by such officer or authority and in relation to such matters and subject to such conditions if any as may be specified in the order. Sec. 7 provides for effect of orders consistent with other enactment. It states as follows :-Any order made or deemed to be made under sec. 4 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. Sec. 8 lays down an important guideline in the matter of administering the provisions of the Act and states as follows :-Any authority or person acting in pursuance of this Act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the general interest of the public. Sec. 9 provides for the imposition of penalties for violation or breach of any of the provisions of the Act or of the orders made under sec. 4. The Schedule to the Act is divided into two parts; Part I specifies essential commodities to which the Act applies; Bricks used for building purposes is the only commodity which is listed in Part I as the essential commodity. Part II lists up the cattle to which the Act applies. At serial No. 6 in Part II of the Schedule to the Act buffaloes have been mentioned. So far as the Act is concerned with the ultimate object of maintaining the cattle wealth in the State of Gujarat the State Government has been empowered to take any of the measures specified therein by making orders under the Act. The State Government within the meaning of sec. 4 can provide by making orders for regulating the maintenance movement supply and distribution of or trade and commeree in cattle. It can also provide by making an order thereunder for controlling the price of cattle which may be bought or sold. Similarly it can regulate by licence permit or otherwise the movement transport distribution disposal acquisition use and keeping of cattle and also for collecting any information or statistics for the purpose of effectively enforcing the orders which it may make for any of the aforesaid purposes. It is therefore clear that the Act empowers the State Government to provide by an order or orders made under the Act for several purposes relating to the maintenance and movement of cattle.