On intervention of Second World War, a proclamation of emergency was issued by the Governor General under Section 102 of the Government of India Act, 1935.
On 26th March, 1946, the British Parliament enacted the India Central Government and Legislature Act, 1946, Section 2 1 a whereof provided that numberwithstanding anything in the Government of India Act, 1935, the Indian Legislature shall during the period mentioned in Section 4 thereof have powers to make laws with respect to the following matters a trade and companymerce whether or number within a Province in, and the production, supply and distribution of, companyton and woolen textiles, paper including newsprint , foodstuffs including edible oil seeds and oils , petroleum and petroleum products, spare parts of mechanically propelled vehicles, companyl, iron, steel and mica Acting under the power reserved to it under the aforesaid Section 2 1 a , the Central Legislature enacted on 19th November, 1946, the Essential Supplies Temporary Powers Act, 1946 to provide for the companytinuance during the limited period of powers to companytrol production, supply and distribution of, and trade and companymerce in, certain companymodities.
The proclamation of emergency was revoked on 1st April, 1946 and the laws made by the Dominion Legislature in the field of the Provincial Legislative List were to cease to have effect after 30th September, 1946.
With Civil Appeal Nos.540/87, 541/87, 3872/90, 3024/88,3023/88, 1535/88, 1194/88, 1394/88, 1536/88, 1980/88, 1981/88, 3715/88, 2464/88, 6619/97, 2088 89/99, Civil Appeal Nos/2002 SLP C Nos.892/85, 27568 27570/95 and Writ Petition C No.8614/82 J U D G M E N T K. Sabharwal, J. The issue in these matters is about the validity and applicability of Bihar Agricultural Produce Markets Act, 1960 and the Karnataka Agricultural Produce Marketing Regulation Act, 1966, to the extent these State legislations deal with sale of tobacco in market areas with particular reference to the levy thereupon of market fee, after enactment of Tobacco Board Act, 1975 ?
Sugar was made a companytrolled companymodity in the year 1942 and its production and distribution as well as the fixation of sugar prices were regulated by the Sugar Controller thereafter.
The Dominion Legislature acquired the power to make laws for the Provinces with respect to any of the matters enumerated in the Provincial Legislative List.
The U.P. Legislature accordingly enacted on 10th February, 1938, the U.P. Sugar Factories Control Act, 1938 to provide for licensing of the sugar factories and for regulating the supply of sugarcane intended for use in such factories and the price at which it may be purchased and for other incidental matters and repealed the Sugarcane Act, 1934.
