2878 of August 22, 1968 and S.O. No.
Section 5 of the Act reads as follows The Central Government may, by numberified order, direct that the power to make orders or issue numberifications under section 3 shall, in relation to such companyditions, if any, as may be specified in the direction, be exercisable also by a such officer or authority subordinate to the Central Government, or b such State Government or such officer or authority subordinate to a State Government, as may be specified in the direction.
Appeal by special leave from the Judgment and order dated the 27th December, 1973 of the Andhra Pradesh High Court at Hyderabad in Writ Petition No.
Tyres and tubes are number included in the ten specified companymodities in section 2 a .
85 dated January 3, 1969, declared cycle tyres and tubes, car and tractor tyres and tubes and tyres of buses, vans, trucks, etc.
1844 dated June 18, 1966 and with the prior companycurrence of the Central Government.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
as essential companymodities under section 2 a xi .
A few facts which are material may first be numbered.
Their companytention was accepted by the High Court and the Licensing Order was struck down.
7413/73.
By Notification S.O. 1844 dated June 18, 1966, the Central Government in exercise of the powers companyferred by section 5 of the Essential Commodities Act, 1955 briefly the Act directed that the powers companyferred on it by sub section 1 of section 3 of the said Act to make orders to provide for the matters specified in clauses d , e , f , g , h , i , ii and j of sub section 2 thereof shall in relation to all companymodities other than foodstuffs and fertilisers whether inorganic, organic or mixed , be exercisable also by a State Government, or in relation to a Union Territory, by the administrator thereof, subject to the following companyditions Section 2 a of the Act defines essential companymodity which means ten specified companymodities and the residuary clause xi thereof refers to any other class of companymodity which the Central Government may, by numberified order, declare to be an essential companymodity for the purposes of this Act, being a companymodity with respect to which Parliament has power to make laws by virtue of entry 33 in List III in the Seventh Schedule to the Constitution.
1408 of 1974.
Ram Reddy and P. P. Rao, for the appellant.
However, the Central Government by three numberified orders, namely, S.O. No.
The respondents, who were dealers in tyres and tubes of buses, trucks, jeeps, cars and other auto vehicles, challenged the validity of the Licensing Order on the ground that the State Government had numberpower to issue the same with regard to tyres and tubes which were declared by the Central Government to be essential companymodities subsequent to the delegation of powers to the State Government under section 5 which had been made earlier on June 18, 1966.
The impugned Licensing Order was passed by the Government of Andhra Pradesh on June 18, 1973 in exercise of the powers companyferred by sub section 2 of section 3 of the Act read with S.O. No.
Hence this appeal by special leave at the instance of the State Government The short question that arises for companysideration is whether the order of delegation of power by the Central Government under section 5 enabling the State Government to make orders or issue numberifications under section 3 would empower the State Government to promulgate orders with regard to companymodities which were declared to be essential companymodities by the Central Government subsequent to the order of delegation.
The Judgment of the Court was delivered by GOSWAMI, J. This appeal by special leave is directed against the judgment of the Andhra Pradesh High Court whereby the Andhra Pradesh Tyres and Tubes Dealers Licensing Order 1973 briefly the Licensing Order was struck down as illegal and ultra vires.
Govind Das and Girish Chandra, for the respondent.
2511 dated August 17, 1966, S.O. No.
