1994 (10) TMI 299

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....The Division Bench after exhaustive consideration of all the controversies declared that the Amendment Act 5 of 1985 was enacted by the State legislature under Entry 33(a) List III (concurrent list) of the 7th Schedule of the Constitution of India. Therefore, the State Legislature was competent to enact the said Amendment Act except the condition No. 3(1)(II) and 3(2) of the licenses in form M-I as repugnant to the provisions of Clauses (3), (4) and (7) of the Molasses Control Order. The State did not prefer any appeal as regards the declaration of the said aforesaid provisions to be ultra vires of the State Legislature. But being dissatisfied with the judgment of the Division Bench the appellants had sought leave and this Court granted lea....

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....ries. Entry 33 of the concurrent list gives power to the Parliament as well as the State Legislature to enact law regulating trade and commerce in and the production, supply and distribution of (a) the production of any industry where the control of such industry by the Union is declared by Parliament by law to expedient in the public interest and imported goods of the same kind as such products. Therefore, the Parliament as well as the State Legislature have been given the power to enact a law regulating trade and commerce in and the production, supply and distribution of "the products of any industry" obviously dealt with under Entry 52 of Union List. Section 17A of the Amendment Act defines Molasses, thus : Molasses means the ....

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....in pari materia is the definition given in Section 2(a) of the Molasses Control Order 1961 which came into effect for the State of Rajasthan with effect from 1.11.75. The question, therefore, is whether Section 4 of the Amendment Act introducing Molasses in Clause (d) of Sub-section(2) of Section 41 of the Rajasthan Excise Act, 1950, is repugnant to the provisions of the Molasses Control Order or any other relevant order occupied under Act 65 of 1951. The Molasses Control Order, 1951 regulate restriction on sale, Clause (3), restriction or removal, Clause (4), storage of Molasses, Clause (5), grading of Molasses, Clause (6) and pricing maximum for the sale regulated by Clause (7). As seen the operation of the Molasses Control Order and the ....