9911796707
TMI Blog1951 (9) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... he validity of the two notifications S. R. O. Nos. 379 and 388 dated 19-3-1951 issued under Clause 18 and Clause 6 respectively of the Cotton Control Order, 1950. 2. The relevant portion of S.R.O. No. 379 runs as follows: I hereby direct that notwithstanding anything contained in the Textile Commissioner's notification No. S.R.O. 597 no person shall except in accordance with the permission in writing of the Textile Commissioner, the Director (cotton) or an Assistant Director (cotton) in the office of the Textile Commissioner transport or cause to be transported kapas or cotton by rail, road or water from any place within any of the areas described below to any place outside that area. Then follows a grouping of the cotton grow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es in the affidavit of the petitioner (?) suggests that the real complaint is that they are prevented from exporting their goods outside the country and making huge profits thereby. If the notification has the effect of preventing them from doing that, it is in the interests of the public and is reasonable and must be held to fall within the Article 19(5). It is next contended that this notification is opposed to Article 301 which runs as follows: Subject to the other provisions of this part trade and commerce and intercourse throughout the territory of India shall be free. It is argued that the right to free trade conferred by Article 301 would be taken away only by legislation by Parliament under Article 302 and that as there has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods which they can sell. It is stated in the affidavit that there are over 1000 licence holders and most of them must under this notification find their trade gone. It is undeniable that under these circumstances all the elaborate provisions regarding granting of licences have become idle formalities and the licence itself an empty and costly honour. As against this, the notification brings into existence a small body of monopolists. They alone have the right to purchase cotton and the consequence is that the trade which was carried on by 1000 license holders has come to be concentrated in their hands. It has not been shown how the interests of the public are served by eliminating a large class of merchants and substituting in their place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct and some of its provisions. In the preamble to the Act, it is stated that it has been enacted to provide measures for the supply of adequate labour for agricultural purposes in bidi manufacturing areas. Sections 3 and 4 cited above empower the Deputy Commissioner to prohibit the manufacture of bidies during the agricultural season. The contravention of any of these provisions is made punishable by Section 7 of the Act, the penalty being imprisonment for a term which may extend to six months or with fine or with both. It was enacted to help in the grow more food campaign and for the purpose of bringing under the plough considerable areas of fallow land. The question for decision is whether the statute under the guise of protecting pub ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
