TaxTMI 
TaxTMI 
2003 (11) TMI 583
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....statement to be laid before both Houses of the State Legislature. (4) Every rule made under this Act, shall, immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so howev....
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....glish decisions, it was held : "From the foregoing discussion, it inevitably follows that the Legislature never intended that non-compliance with the requirement of laying as envisaged by sub- section (6) of Section 3 of the Act should render the order void. Consequently non-laying of the aforesaid notification fixing the maximum selling prices of various categories of iron and steel including the commodity in question before both Houses of Parliament cannot result in nullification of the notification..." Yet again in Quarry Owners' Association vs. State of Bihar and Others [(2000) 8 SCC 655], a Division Bench of this Court observed : "In a democratic set-up, every State Government is responsible to its State Legislature. When ....
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....in it makes the legislature to play an important role as aforesaid for keeping a check on the activity of the State Government. Such placement cannot be construed to be non est. No act of Parliament should be construed to be of having no purpose. As we have said, mere discussion and questioning the Ministry concerned or authority in the House in respect of such laying would keep such authority on guard to act with circumspection which is a check on such authority, specially when such authority is even otherwise answerable to such legislature..." It was further observed : "We also find there are few provisions in our Constitution which require mere laying before Parliament. Article 151 requires laying of the report of the Comptroller a....
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....ill cease to have the force of law. Difference between sub-sections (3) and (4) of Section 72 lies in the fact that whereas in case the rule is given retrospectivity, the members of both the houses of the Legislature shall be apprised of the reasons therefor, whereas in case of the rule which is prospective in nature, simple laying down before both the Houses would serve the statutory object. In National Hydroelectric Power Corporation (supra), this Court was dealing with a different type of rule making power, viz. Section 16 of the Water (Prevention and Control of Pollution) Cess Act, 1977 which reads as under : "16. Power to amend Schedule I. - (1) The Central Government may, by notification in the Official Gazette, add to Schedule ....
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....liance within the provisions of Section 16(2). There is of course no time-limit within which the Houses of Parliament are required to pass a resolution once the Central Government has sought approval as contemplated by sub-section (2), but in the present case the pleadings disclose that no such approval was in fact sought for." (Emphasis sought for) The said observations, thus, must be held to be confined to the fact of the matter obtaining therein. In that case it was found as of fact that the rule had never been placed before the Legislature and, thus, there was even no substantial compliance of the law. The Bench, however, did not consider the effect of the directory nature of such a provision, in the light of the decision of this ....
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.... their business in liquor which would mean the liquor free from all types of adulteration. Such goods should be fit for human consumption and not hazardous to health. For the said purpose, it was not necessary for the State to strictly adhere to Rule 24 of the Rules inasmuch the right of an accused in terms of Articles 20 and 21 of the Constitution of India would not be attracted in such a case. Even if Rule 24 as amended is held to have no retrospective effect, such a provision must be held to be directory and non-compliance thereof would not vitiate the proceedings for suspension of the licnece as even in such a case, it would be open to the respondents herein to get the sample tested by any other private laboratory of their choice for th....