MUNICIPAL BOARD HATHRAS Vs. UNION OFINDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the Municipal Board, Hathras.

(2.) THE petitioner Board runs a water works for the supply of water to the town of Hathras. On 23rd of January, 1967, the Enforcement Officer appointed under the Emergency Risks (Factories) Insurance Act, 1962 (hereinafter referred to as the 'Act') served a notice requiring the Board to pay a total sum of Rs. 10,711.00 as arrears of premia from 1963 upto date, as the Board had failed to take out insurance in respect of the water works. The petitioner Board was also required to pay a sum of Rs. 5,360.00 as compounding fee. As the premia and the compounding fee was not paid, proceedings were initiated under Section 35 of the U. P. Municipalities Act for its recovery. The petitioner has challenged the demand as also the recovery proceedings.

(3.) IT is then argued that the Act was a temporary measure lasting during the emergency and it came to an end when the emergency was withdrawn on 10th of January, 1968 and no action could be taken under the Act after its expiry. In the case of the petitioner action for the first time was taken on 23rd of January, 1968. This contention is again not acceptable in view of the provisions contained in Section 1 (3) of the Act which provides :