Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1958 Rice Milling Industry (Regulation) Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India Rice-milling Industry (regulation) Act, 1958 (21 of 1958) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Rice Milling Industry (Regulation) Act, 1958, as amended by the Amending Act 29 of 1968--Section 3(d) (i) and (ii), whether to be read conjunctively in the light of Sec. 3A, 3(gg) of the Act-Interpretation of Sections 3(d), 3(gg), 3A, 5 and 6--Whether classification as Rice Miller & Rice Huller discriminatory offending Art. 14 of the Constitution-Whether the provisions of the Act which insist on the rice-hullers to take licences is an unreasonable restriction on their right to carry on the business and violative of Articles 19 and 301 of the Constitution. The Rice Milling Industry (Regulation) Act was passed in 1958, the object and reasons of which were to preserve and protect the indigenous and hand pounding industry of rice growers so as to provide sufficient employment to rural population and to ensure the modernisation of conventional type of rice mills with a view to producing more rice of better quality and nutritive value. Since the original Act did not include the rice hullers, by the Amendment Act 29 of 1968, Sec. 3(d) was substituted viz. "Milling rice, with it grammatical variation, means (i) recovering rice or any produce thereof from paddy; (ii) polishing rice with the aid of power". Under Section 5 read with Section 3A, the petitioners were required to take licences for operating their husking mills. 'The petitioners, therefore. assailed (a) that the requirement of taking licences for operating their mills amounted to complete destruction of their fundamental rights to carry on business and (b) that the provisions of the Act further contain unguided and uncanalised powers so as to violate the provisions of Art. 14. |
Judge | N/A |
Neutral Citation | 1978 INSC 172 |
Petitioner | Chandrakant Saha & Ors. Etc . |
Respondent | Union Of India & Ors. Etc. |
SCR | [1979] 1 S.C.R. 751 |
Judgement Date | 1978-09-14 |
Case Number | 967, 1128 |
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