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Report No. 145

2.11. Non-Statutory functions.-

If a non-statutory body does not perform any statutory or public duty, it may not fall within "State".1 Similarly, the mere fact that the name of particular society appears in the Allocation of Business Rules would not be conclusive, as has been held in a case relating to the Council of Scientific aid Industrial Research, which is a registered society and non-statutory body.2

1. Praga Tools Corporation v. C.A. Imanual, (1969) 1 SCC 585.

2. Sabhajit Tewary v. Union of India, AIR 1975 SC 1329.

Article 12 of the Constitution and Public Sector Undertakings Back

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