Excessive delegation under co-operative law rejected where the statute supplies policy, purpose and guidance for limited relaxation powers.

Section 60 of the Madras Cooperative Societies Act, 1932 was examined on the footing that delegated power is valid only where the legislature has laid down the policy, purpose and guiding principle of the Act. The statute's preamble and scheme showed a welfare objective of promoting co-operative societies for thrift, self-help, mutual aid and improved business and production. On that basis, the power to exempt a registered society from provisions of the Act or apply them with modifications was treated as a limited relaxation mechanism to advance the Act's objects, not an abdication of essential legislative function. Section 60 was therefore upheld as not amounting to excessive delegation.

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Issues: Whether section 60 of the Madras Cooperative Societies Act, 1932, empowering the State Government to exempt a registered society from any provision of the Act or apply it with modifications, was void for excessive delegation of legislative power.

Analysis: The power of delegation is valid so long as the legislature lays down the policy and principle of the enactment and supplies guidance for the exercise of delegated power. The Act was a welfare measure whose preamble and scheme disclosed the legislative object of facilitating co-operative societies for thrift, self-help and mutual aid, and for improving living, business and production. In that setting, section 60 operated as a limited power to relax the rigour of the Act in appropriate cases so as to advance its objects, rather than as an abdication of essential legislative function.

Conclusion: Section 60 was not void for excessive delegation of legislative power.

Final Conclusion: The statutory provision was upheld, and the appeal failed.

Ratio Decidendi: Delegated legislation is valid where the statute itself discloses the legislative policy and purpose and the delegated power is exercised within those guiding limits to carry out the Act's objects.

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