MANICK SAHANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Manick Sahana has, in this appeal, challenged the propriety of the judgment of Basak J. discharging the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution.

(2.) In the Writ Petition, the appellant challenged the validity of the provisions of Sections 5, 6, 7 and 8 of the Rice-Milling Industry (Regulation) Act, 1958, hereinafter referred to as the Rice-Milling Act, which is a Central Act. The Rice-Milling Act was passed by Parliament on May 18, 1958 for the purpose of regulating the Rice-Milling Industry in the interest of the general public. Section 2 of the Rice-Milling Act contains a declaration as to the expediency of control by the Union of the Rice-Milling Industry, Section 3 is the definition section. Clause (a) of Section 3 defines a defunct rice mill as meaning, inter alia, a rice mill in existence at the commencement of the Rice-Milling Act in which rice milling operations have not been carried on for a continuous period of one year prior to such commencement, and a rice mill whether established before or after the commencement of the Rice-Milling Act in which the rice milling operations have not been carried on for a continuous period of one year after the commencement of the Rice-Milling Industry (Regulation) Amendment Act, 1968. Clause (b) of Section 3 defines "existing rice mill" as meaning a rice mill carrying on rice milling operations at the commencement of the Rice-Milling Act, and includes a rice mill in existence at such commencement which is not carrying on rice milling operations but in which rice milling operations have been carried on at any time within a period of one year prior to such commencement, Under Clause (e) of Section 3, "new rice mill" means a rice mill other than an existing rice mill or a defunct rice mill. Under Section 3A which was incorporated in the Rice-Milling Act by the Rice-Milling Industry (Regulation) Amendment Act, 1968, the provisions of the Rice-Milling Act have been made applicable to rice-hullers. Section 4 provides for the appointment of licensing officers. Section 5 provides for grant of permits in respect of defunct rice mills and the establishment of new rice mills. Section 6 provides as follows:

(3.) The West Bengal State Legislature passed an Act, namely, the Rice-Milling Industry (Regulation) (West Bengal Second Amendment) Act, 1974, hereinafter referred to as the W. B. Amendment Act of 1974. By the W. B. Amendment Act of 1'974, the Rice-Milling Act was amended by the introduction thereto of a new section, being Section 6A. The W. B. Amendment Act of 1974 was passed in accordance with the provision of Art, 254 (2) of the Constitution with the assent of the President of India. Section 6A provides as follows: