Statutory interpretation of revisional power: clear proviso text extended State Government review to final municipal orders.

The proviso to section 4(1) of the Rajasthan City Municipal Appeals (Regulation) Act, 1950 was construed as conferring revisional jurisdiction on the State Government over orders passed by a municipal authority, even where the underlying municipal law made the order final and not appealable. The Court held that the broad wording of the proviso could not be cut down by the preamble or long title, and the operative text had to be given its natural meaning. The High Court was therefore wrong in excluding final municipal orders from the revisional power.

---

---

Issues: Whether the proviso to section 4(1) of the Rajasthan City Municipal Appeals (Regulation) Act, 1950 empowered the State Government to revise an order passed by a municipal authority even where the underlying municipal law made that order final and not appealable.

Analysis: The Act was enacted to secure uniformity in the forum for municipal appeals and section 3 provided the appellate forum before the Commissioner. Section 4(1), while barring further municipal appeals from appellate orders, contained a proviso authorising the Government, on its own motion or on application, to call for the record of any case and pass such orders as it considered fit and reasonable in relation to orders passed by a Commissioner or a municipal authority. The broad words of the proviso could not be cut down by reference to the preamble or long title so as to exclude final orders of a municipal authority. The construction urged for the respondent would require deletion or rewriting of operative words, which was impermissible. On the natural reading of the provision, the revisional power extended to final orders of a municipal authority as well as appellate orders of the Commissioner.

Conclusion: The proviso did confer revisional jurisdiction on the State Government over the impugned order, and the High Court was wrong in holding otherwise.

Ratio Decidendi: Clear statutory words in an operative provision cannot be ignored or rewritten by reference to the preamble or supposed legislative policy, and a proviso may create an independent remedy extending to the full class of orders described in its text.

---