Public notice import-policy changes take effect only on Gazette publication and public availability, with pre-notification contracts needing scrutiny.

Canalisation of cloves from Open General Licence was treated as becoming operative only when the public notice was published in the Gazette and made available to the public. Any contractual commitment made before the operative date may need examination under the prevailing import policy and law. Because the factual material needed to determine the timing of publication and public availability was not on record, the merits could not be finally decided and the matter was remitted for reconsideration in accordance with law.

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Issues: Whether the canalisation of cloves from Open General Licence became operative only when the public notice was published in the Gazette and made available to the public, and whether the matter required reconsideration on the available facts.

Analysis: The governing principle applied was that a public notice changing the import policy becomes effective only when the Gazette notification is published and made available to the public, both conditions being satisfied. The order also recognised that any contractual commitment entered into before the operative date may require examination in accordance with the prevailing law and import policy. As the factual material necessary to decide the timing of publication and availability was not on record, the merits could not be finally determined.

Conclusion: The issue was not finally decided on merits and the matter was sent back for reconsideration in accordance with law.

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