PURSHOTAMLAL Vs. MUNICIPAL BOARD BANSWARA

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge, of Banswara. Purshottamlal was convicted under sec. 165 of Rajasthan Town Municipalities Act. 1951 and sentenced to a fine of Rs. 30/- by an order of the Munsif-Magistrate, Banswara dated 3lst March, 1956.

(2.) THE learned Additional Sessions Judge has recommended that the conviction and sentence passed by the Munsif Magistrate should be set aside. THE reasons for the recommendation are as follows (1) THE only provision in the Rajasthan Town Municipalities Act for regulating factories is contained in sec. 46 clause (y) of sub sec. (1) wherein it Is also provided that the conditions for the establishment of the factories as defined in the law relating to factories for the time being in force may be prescribed by bye-laws. A flour mill employing less than 10 persons cannot be regarded as a factory under the definition of the term given in the Factories Act. Consequently under sec. 46 (1) (y) it is not competent for a Municipal Board to make regulations for flour mills employing less than 10 persons, (2) THE bye-laws were published in March, 1952 after the United State of Rajasthan Municipalities Ordinance, 1949 was repealed by the Rajasthan Town Municipalities Act in December, 1951. THE bye-laws, therefore, having been framed under a repealed Act cannot have legal effect. (3) THE bye-laws framed under the U. P. Municipalities Act require the approval of the Commissioner or the Director of Local Bodies before they are brought into force, but the bye-laws made by the Banswara Municipality did not receive any such sanction and though they were sanctioned by the Government, yet they could not be regarded valid under sec. 301 (4) of the U. P. Municipalities Act. (4) THE maximum punishment that can be awarded under sec. 148 (2) is of Rs. 25/- only and a fine of Rs. 30/- in the present case is therefore illegal.