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Report No. 29

77. Penalties by Rules.-In connection with delegated legislation1, it may be pointed out, that it may be necessary to frame rules imposing different requirements for different situations. An example is a rule made under .the Prevention of Food Act2, whereby the specifications to which "Ghee" must conform were laid down differently for different areas, having regard to the fact that the "Reichert" value of pure ghee is not constant, but is dependent on several factors, such as-what is the breed of the cattle in an area, whether the cattle are fed on pasture or on stall, and so on.3-4

1. Para. 76, supra.

2. The Prevention of Food Adulteration Act, 1954 (37 of 1954).

3. Cf. State of Uttar Pradesh v. Kartar Singh, AIR 1964 SC 1135, para. 17.

4. See also para. 49(e), supra.

78. Special Powers.-Another special feature to be noted is the conferment of special powers. An example is section 10 of the Prevention of Food Act1, whereunder, a food inspector has power to take samples of any article of food from certain persons. As has been pointed out2, without such a provision, the inspectors cannot carry out the duties assigned to them, and the section, thus, is a "pivotal" section.

1. The Prevention of Food Adulteration Act, 1954 (37 of 1954).

2. Narasimharao v. State of Andhra Pradesh, AIR 1964 AP 501 (503), para. 14.

79. Special provision as to sanction.-Another type of special provision is a requirement relating to sanction of a particular authority before prosecution can be instituted. An example is section 107 of the Insurance Act1, under which the sanction of the Advocate-General is required before proceedings could be instituted against insurers or against any director, etc., under the Act2.

There is a similar provision requiring sanction of the specified authority for prosecutions under the Prevention of Food Adulteration Act3, the Drugs Act4, the Income-tax Act5, the Customs Act6, and other special enactments.

1. Section 107, Insurance Act, 1938 (4 of 1938).

2. As to this section, see Raghubar Singh v. Emp., AIR 1944 FC 25 (29).

3. Section 20, Prevention of Food Adulteration Act, 1954 (37 of 1954).

4. Section 15(2), Drugs (Control) Act, 1950 (26 of 1950).

5. Section 280, Income-tax Act, 1961 (43 of 1961).

6. Section 137, Customs Act, 1962 (52 of 1962).



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