1997 (2) TMI 547 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of Rule 3(5) of the Tripura Transit Rules.
2. Validity of the application fee and licence fee under Rule 3(3) and 3(4).
3. Validity of Rule 3(2) concerning the requirement of a licence for transporting timber/firewood.
4. Validity of Rule 3(8) concerning the prohibition of export of timber/firewood.
5. Constitutionality of Rule 3 in light of Article 301 of the Constitution.

Summary:

1. Validity of Rule 3(5) of the Tripura Transit Rules:
The Supreme Court agreed with the High Court that Rule 3(5), which empowers the State Government to levy export duty up to 100% of the market value of timber/firewood, is beyond the rule-making power conferred by Section 41 of the Indian Forest Act, 1927. The power to levy duty is exclusively conferred upon the Central Government by Section 39 of the Act. Thus, Rule 3(5) was rightly declared invalid.

2. Validity of the Application Fee and Licence Fee under Rule 3(3) and 3(4):
The Supreme Court held that the application fee of Rs. 1,000 and the licence fee of Rs. 2,000 do not amount to a tax but are regulatory fees within the meaning of Section 41(2)(c) of the Indian Forest Act. The Court noted that regulatory fees do not require a quid pro quo, distinguishing them from compensatory fees. Therefore, the fees levied by Rule 3(3) and 3(4) were deemed valid and competent.

3. Validity of Rule 3(2) Concerning the Requirement of a Licence for Transporting Timber/Firewood:
Rule 3(2) was held to be within the four corners of Section 41 of the Indian Forest Act, which empowers the State Government to regulate the transit of timber and other forest produce. The requirement of a licence for removing or transporting timber/firewood from within the State to outside the State and for setting up trading depots was deemed valid.

4. Validity of Rule 3(8) Concerning the Prohibition of Export of Timber/Firewood:
The Supreme Court held that the power to "regulate" under Section 41 of the Act includes the power to "prohibit" under certain circumstances. Rule 3(8), which allows the State Government to prohibit the export of timber/firewood to cater to the needs of local people, was found to be valid. The Court emphasized that the term "regulate" must be interpreted broadly, considering the context and purpose of the legislation.

5. Constitutionality of Rule 3 in Light of Article 301 of the Constitution:
The Supreme Court rejected the High Court's finding that Rule 3 violates Article 301 of the Constitution. The Court reasoned that Rule 3 is made by the State as a delegate of Parliament to carry out the purposes of the Indian Forest Act, a post-constitutional enactment for Tripura. Therefore, it is protected by Article 302, which allows Parliament to impose restrictions on trade and commerce in the public interest. Consequently, Rule 3 does not require compliance with the proviso to clause (b) of Article 304.

Conclusion:
The appeal was allowed in part. Rule 3 of the Tripura Transit Rules, except sub-rule (5), was declared valid and effective. The judgment of the High Court was set aside to the extent that it declared Rule 3 invalid. No costs were awarded.