RAM CHARITRA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these two analogous writ petitions (hereinafter to be referred to as first and second writ- petitions under Articles 226/227 of the Constitution of India the petitioners have sought for the relief of an appropriate writ, order or direction, declaring the Bihar Saw Mills (Regulation) Act, 1990 (for short "the Act") to be ultra vires, being violative of Articles 14, 16, 19, 20, 21, 245, 246, 300-A and 301 of the Constitution of India and also for issuance of a writ, order or direction quashing the notice dated 15-12-1993 and 3-11-1993 (Annexures 4 & 5, respectively), by which the proprietors of the Saw Mills/Saw Pits have been asked to apply for their licence, failing which necessary action under the provisions of the said Act shall be taken. By the order dated 3-11-1993 (Annexure 5) the petitioners were informed to apply for licence for running saw mills according to the Bihar Saw Mills (Regulation) Rules 1993 and by the order dated 15-12-1993 (Annexure 4) the petitioners were informed that penal action will be taken against them under the said Act in case they failed to comply with the direction.

(2.) Certain provisions of the Act may be noticed before grappling with the problem as to whether the Act was intra vires or ultra vires. A photostat copy of the bare Act has been filed as Annexure 3 to these writ petitions. The object of the Act has been indicated to make the provision for regulating, in the public interest, the establishment and operations of the Saw Mills and Saw Pits and trade of sawing for the protection and conservation of forest and the environment, and it was accordingly enacted by the legislature of the State of Bihar in the Forty-first year of the Republic of India. Section 1 of the said Act provides for short title. Section 2 contains definition clause. Sections 3 and 4 enact the provisions for appointment of the licensing officer and prescribed authority. Section 6 provides declaration of prohibited area. The State Government can provide by notification an area to be prohibited for such period not exceeding three years at a time. Sub-clause (2) of Section 3 of the Act posits as to what shall happen and what are the consequences once an area is declared prohibited. The consequence of clause (a) of Section 6 is that no licence shall be granted for establishment of saw mill or a saw pit in that area; and (b) provides that no licence shall be renewed during that period; and clause (c) is to the effect that a saw mill or saw-pit situated in that area shall cease to operate and keep its sawing operation closed. Section 7 of the Act postulates grant, renewal, revocation or suspension of licence. Section 8 postulates power of entry, inspection, search, seizures, etc. Section 10 deals with keeping of the accounts of stock of wood in saw-mill and saw-pit. Section 11 of the Act is for prohibition of electric connection etc. in unlicensed saw-mills.

(3.) Section 12 provides for appeal and it is to the effect that any person aggrieved by the order of refusal of a licensing officer to grant or renew a licence, or by the order of suspension or revocation of a licence, may within thirty days of the service on him of the order of such refusal or suspension or revocation, appeal to the prescribed authority, who shall decide the appeal after giving the appellant and the licensing officer an opportunity of being heard. Section 13 posits the condition under which the saw mill can be confiscated. Section 14 provides penalty and Section 15 enacts the offence by the Companies. Section 16 deals with the burden of proof, and Section 17 enacts the cognizance of offence; and Section 18 provides that no Court inferior to that of a Judicial Magistrate of the first class, shall try any offence punishable under this Act. Section 19 provides about the offence. Section 21 provides protection of action taken in good faith. Section 22 is about the rewards, and Section 23 posits rule-making power of the State. Section 24 posits for other Acts and laws not to apply to saw-mill or saw-pit. Section 25 contains Saving Clause; and Section 26 provides the power of removal of difficulty; and Section 27 enacts the repealing and saving clause, to the effect that the Bihar Saw Mills (Regulation) Ordinance, 1987 (Bihar Ordinance No. 3 of 1990) is hereby repealed.