Civil Appeal No 11417 of 1983 From the Judgment and Order dated 14
9 1983 of the High Court of Madras in W P N 4615 of 1983
K Ram Kumar for the Appellant
A V Rangam for the Respondents The Judgment of the Court was delivered by SEN J
This appeal by special leave directed against the judgment and order of the Madras High Court dated September 14 1983 raises a question of some complexity
The question is as to whether cl 3 IA of the Tamil Nadu Paddy Restriction on Movement Order 1982 issued by the State Government under s 3 of the read with the Government of India Ministry of Agriculture Department of Food Order a section R 800 dated June 9 1978 with the prior concurrence of the Government of India was ultra vires the State Government being in excess of its delegated powers
That depends on whether the delegation of a specific power under cl
d of sub section
2 of section 3 of the Act by the aforesaid notification issued by the Central Government under section 5 to regulate the storage transport distribution disposal acquisition use or consumption of an essential commodity in relation to foodstuffs carries with it the general powers of the Central Government under sub section
1 of section 3 of the Act to regulate or prohibit the production supply and distribution of essential commodities and trade and commerce therein
There is a conflict OF opinion on this question between different High Courts
Hence we thought it fit to grant special leave and heard the appeal on merits
After hearing the parties we dismissed the appeal by an order dated December 5 1983 for reasons to follow
The reasons therefore are set out below 
Briefly stated the facts are these
In the State of Tamil Nadu there has been a system of imposing levy on purchase of paddy by traders in vogue since the year 1970
This was imposed by cl 3 5 i of the Tamil Nadu Paddy and Rice Licensing Regulation  Disposal of Stock Order 1968 issued by the State Government under section 3 of the Act with the prior concurrence of the Government 1033 Of India
Cl 3 5 i empowered the State Government to impose A and collect upto 50 of the stocks by way of levy on purchases of paddy by traders on payment of price specified from time to time
The said Order was replaced by the Tamil Nadu Paddy and Rice Regulation of Trade Order 1974 issued under section 3 of the Act with the prior concurrence of the Government of India
Cl 5 1 of this Order empowers the State Government to impose and collect levy upto 50 of the purchase of paddy and rice by the dealers other than retail dealers and they are paid prices notified by the Government
This clause was subsequently amended in 1976
The power to impose and collect levy on the purchase of paddy and rice was exercised by the State Government under section 3 of the Act with a view to procure the stock for distribution of rice to about 118 lakhs family card holders throughout the State through nearly 17 800 fair price shops
A review of the food situation in the latter half of 1980 and the beginning of 1981 revealed that the stock of paddy and rice with the Government was not adequate to meet the requirements under the public distribution system
The State Government in the Food  Cooperation Department accordingly decided to enforce the levy on traders by G O Ms No 33 dated January 1 1981 and to collect 40 levy on the purchases of paddy and rice by dealers even though it had the power to impose levy upto 50 at prices fixed by it from time to time
Thereafter the Government in the Food  Cooperation Department by G O MS
No 765 dated October 1 1981 increased the levy from 40 to 50 from kuruvai season 1981
There was a failure of monsoon in the State in the years 1981 82 and the off take of rice in the fair price shops had increased from 34000 tonnes in April to 85000 tonnes in December 1982
Due to failure of south west monsoon in the year 1982 and consequent poor rainfall the storage level in the Mettur reservoir fell
As a result of this there was a steep fall in kuruvai cultivation of paddy
In Thanjavur district alone the acreage of paddy cultivation was reduced from 4 5 lakhs acres to 297 lakhs acres
Added to this the north east monsoon in the State also failed causing a serious fall in the production of paddy
In the circumstances the State Government in the Food  Cooperation Department had no other alternative but to introduce a monopoly procurement scheme of paddy with a view to procure the maximum stock of paddy by banning the purchases by traders
1034 In exercise of the powers conferred under section 3 of the read with the Government of India Ministry of Agriculture Department of Food Order G section R 800 dated June 9 1978 with the prior concurrence of the Government of India the State Government promulgated the Tamil Nadu Paddy Restriction on Movement Order 1982 on October 22 1982
3 1 of the Order provides No person shall transport move or otherwise carry or prepare or attempt to transport move or otherwise carry or aid or abet in the transport movement or otherwise carrying of paddy outside the State by roadrail or otherwise except under and in accordance with the conditions of a permit issued by an authorized officer
 On January 22 1983 the State Government Department issued G O MS
No 42 for purchase of the entire marketable surplus of paddy in Thanjavur District by the Government through the Tamil Nadu Civil Supplies Corporation as an agent of the Government
On February  1982 the State Government in the Food  Co operation Department issued another G O Ms No 84 extending the provision made with regard to Thanjavur district of Chidambaram and Kattumannarkoil taluks in South Arcot district and Musiri Kulithalai Lalgudi and 7 Tiruchirapalli taluks in Tiruchirapalli district
On May 11 1983 the State Government in the Food  Co operation Department issued G O Ms No 293 introducing sub cl
1A to cl 3 of the Order
The newly inserted cl
IA is as follows No person shall transport move or otherwise carry or prepare or attempt to transport move or otherwise carry or aid or abet in the transport movement or otherwise carrying of paddy outside the places notified under Clause 3 of the Tamil Nadu Paddy  Rice Restriction of Rates Order 1974 by roadrail or otherwise
 Thereafter on June 20 1983 the State Government in the Food  Cooperation Department by G O Ms
No 413 made a further amendment to the newly introduced sub cl
1A of cl 3
The amended cl
IA of cl 3 is follows 1035 No person shall transport move or otherwise carry or prepare or attempt to transport move or otherwise carry or aid or abet in the transport movement or other wise carrying of paddy outside the Thanjavur District Chidambaram and Kattumannarkoil Taluks in South Arcot District and Musiri Kulithalai Lalgudi and Tiruchirapalli Taluks in Tiruchirapalli District
 These various orders were issued by the state Government in exercise of the powers conferred by section 3 of the Act read with the Government of India Ministry of Agriculture Department of Food Order G section R 800 dated June 9 1978 which is set out below C MINISTRY OF AGRICULTURAL AND IRRIGATION DEPARTMENT OF FOOD ORDER New Delhi the 9th June 1978
G section R 800 In exercise of the powers conferred by section 5 of the 10 of 1955 and in supersession of the Order of the Government of India in the late Ministry of Agriculture Department of Food No G section R 316 E dated the 20th June 1972 the Central Government hereby directs that the powers conferred on it by sub section
1 of section 3 of the said Act to make orders to provide for the matters specified in cls
a b c d e f h i ii and j of sub section
2 thereof shall in relation to foodstuffs be exercisable also by a State Government subject to the conditions 1 that such powers shall be exercised by a State Government subject to such directions if any as may be issued by the Central Government in this behalf 2 that before making an order relating to any matter specified in the said cls
a c or f or in regard to distribution or disposal of foodstuffs to places outside the State or in regard to regulations or transport of any foodstuffs under the said cl d the State Government shall also obtain the prior concurrence of the Central Government and 1036 3 that in making an order relating to any of the matter specified in the said cl
i the State Government shall authorize only an officer of Government
Sd K Balakrishnan Dy
Secretary to the Government of India No 3 Genl 178 DR 1 59
 The appellant and various other agriculturists of Thanjavur district and the aforesaid traditionally rice growing areas of South Arcot and Thiruchirapalli districts challenge the constitutional validity of cl 3 1A of the Order placing a complete ban on the transport movement or otherwise carrying of paddy outside Thanjavur district and the aforementioned taluks of South Arcot and Thiruchirapalli districts by petitions under article 226 of the Constitution in the High Court
There were as many as 300 writ petitions in the High Cort which were disposed of by the judgment under appeal
The validity of cl 3 IA of the Order was assailed on three main grounds 1 Cl
3 1A was wholly arbitrary and irrational and thus violative of article 14 of the Constitution
2 Cl
3 IA was in excess of the delegated powers conferred on the State Government under section 3 of the Act by the aforesaid G section R 800 dated June 9 1978 issued by the Central Government under section 5 of the Act
And 3 The total ban on movement of paddy from out of Thanjavur district and the aforesaid taluks of South Arcot and Thiruchirapalli districts by cl 3 1A of the Order was an unreasonable restriction on the freedom of trade and commerce guaranteed under article 19 l g and also infringes the freedom of inter State trade commerce and intercourse under article 301 of the Constitution
The High Court repelled all these contentions
Shri P Govindan Nair learned counsel appearing for the appellant argued the case with much learning and resource
Learned counsel with his usual fairness did not advance some of the contentions raised before the High Court as they were apparently misconceived
He has confined his submissions to only two grounds namely lCl 3 IA of the impugned Order issued by the State Government under section 3 of the Act read with G section R 800 dated June 9 1978 issued by the Central Government under section 5 of the Act with the prior concurrence of the Government of India placing a ban on the transport movement or otherwise carrying of 1037 paddy from out of Thanjavur district the two taluks of South Arcot district and the four taluks of Thiruchirapalli district was ultra vires the State Government being in excess of the delegated powers
It is urged that the delegation of a specific power under cl
d of subs
2 of section 3 of the Act by the aforesaid notification issued by the Central Government under section 5 of the Act to regulate the storage transport distribution disposal etc
Of an essential commodity in relaston to foodstuffs does not carry with it the general power of the Central Government under sub section
l of section 3 to regulate or prohibit the production supply and distribution thereof and trade and commerce therein
And 2 The word regulating  in cl
d of sub section 2 of section 3 of the Act does not take in prohibiting  for the words regulating  and prohibiting  denote two distinct and separate attributes of power and they are mutually exclusive Otherwise according to learned counsel there was no point in the Legislature using both the words regulating  and prohibiting  in sub section
1 of section 3 of the Act and the words regulating  and prohibiting  differently in various clauses of sub section
2 thereof
It is urged that there cannot be a total prohibition on transport movement or otherwise carrying of paddy out of the areas in question under cl
d of subs
2 of s 3 but only regulation of such activities in the course of trade and commerce by grant of licences or permits The learned counsel is fortified in his submissions by the decisions of the Punjab Allahabad and Orissa High Courts in Sujan Singh v State of Haryana1 State of Uttar Pradesh vs Suraj Bhan2 and Bejoy Kumar Routrai vs State of Orissa3 and he questions the correctness of the decision of the Gujarat High Court in Nanalal Navalnathji Yogi Collestor of Bulsar Ors4 taking a view to the contrary
We are afraid we are unable to accept any of the contentions advanced by him
In order to appreciate the contentions advanced it would be convenient to set out the relevant statutory provisions
Sub section
1 of section 3 of the Act is in these terms 3 1
Power to control production supply distribution etc
Of essential commodities 1
AIR 1968 Pun 363 2
AIR 972 Al
401 3
AIR 1976 Orr
138 4
1981 
87 1038 If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices or for securing any essential commodity for the defence of India or the efficient conduct of military operations it may by order provide for regulating or prohibiting the production supply and distribution thereof and trade and commerce therein
 Sub section
2 of section 3 of the Act insofar as material lays down  3
2 Without prejudice to the generality of the powers conferred by sub section
1 an order made thereunder may provide a     b     c     d for regulating by licences permits or otherwise the storage transport distribution disposal acquisition use or consumption of any essential commodity
 section S of the Act provides 5
Delegation of powers The Central Government may by notified order direct that the power to make orders or issue notifications under section 3 shall in relation to such matters and subject to such conditions 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
 1039 The infirmity in the argument lies in the erroneous assumption A that the source of power on authority to promulgate the impugned Order was derived by the State Government under cld of sub s 2 of section 3 of the Act by virtue of the delegation of powers by the Central Governmnent by the notification No G section R 800 dated June 9 1978 under s 5 of the Act
The source of power to promulgate an order of this description is derived from sub section 1 of section 3 of the Act According to its plain language the aforesaid notification No G section R 800 provides that in exercise of the powers conferred by section 5 of the Act and in supersession of the earlier order of the Government of India in the Ministry of Agriculture Department of Food No G S R 316 dated June 20 1972 the Central Government directs that the powers conferred on it by sub section
1 of section 3 of the Act  to make orders to provide for matters specified in clauses a b c d e f h i ii and j of sub section
2 thereof shall in relation to foodstuffs be exercisable also by a State Government subject to the conditions set out therein 
There must be some meaningful effect given to the words the Central Government hereby directs that the powers conferred on it by sub section
1 of section 3 of the Act to make orders etc shall be exercisable also by a State Government subject to the conditions set out therein 
On a plain construction the first part of the aforesaid notification in specific terms provides for the delegation by the Central Government under section 5 of the Act of the powers conferred on it by sub section
1 of section 3 of the Act
That power is general in its terms and authorises inter alia the promulgation of any order providing for regulating or prohibiting the production supply and distribution of and trade and commerce in any essential commodity insofar as it is necessary or expedient so to do for maintaining or increasing supplies or for securing their equitable distribution and availability at fair prices
The second part of the notification directs that the power to make orders thereunder  ie the power under sub section
1 of section 3 of the Act shall be exercisable also by a State Government in relation to foodstuffs with respect to such matters  viz for the matters specified in clauses a b c d e f h i ii and j of sub section
2 thereof and subject to such conditions  set out therein
The aforesaid notification G section R 800 dated June 9 1978 issued by the Central Government was strictly in conformity with section 5 of the Act
Of the three conditions the one that is material for our purpose is condition 2 It provides that before making an order under cl
d of sub section
2 of section 3 of the Act in regard to 1040 distribution or disposal of foodstuffs to places outside the State or in regard to regulations or transport of any foodstuffs the State Government shall also obtain the prior concurrence of the Central Government
It is manifest on a plain reading that the aforesaid notification No G section R 800 dated June 9 1978 was strictly in conformity with the requirements of section 5 of the Act
Learned counsel for the appellant however strenuously con tends that the delegation of powers by the Central Government under section 5 of the Act must necessarily be in relation to such matters  and subject to such conditions  as may be specified in the notification
The whole attempt on the part of the learned counsel is to confine the scope and ambit of the impugned order to cl
d of sub s   of g 3 of the Act which uses the word regulating  and take it out of the purview of sub section
1 of section 3 which uses the words regulating or prohibiting 
That is not a proper way of construction of sub ss l and 2 of section 3 of the Act in their normal setting
The restricted construction of section 3 contended for by learned counsel for the appellant would render the scheme of the Act wholly unworkable
As already indicated the source of power to make an order of this description is sub section
l of s 3 of the Act and sub section
2 merely provides illustration for the general powers conferred by sub section
Sub section
2 of section 3 of the Act commences with the words Without prejudice to the generality of the powers conferred by sub section
1 
It is manifest that sub section
2 of s 3 of the Act confers no fresh powers but is merely illustrative of the general powers conferred by sub section
1 of section 3 without exhausting the subjects in relation to which such powers can be exercised
The matter is no longer res integra
The question directly arose for consideration by this Court in Santosh Kumar Jain vs The State 1
There the Court was considering the validity of the Sugar and sugar Products Control Order 1947 issued by the then Provincial Government of Bihar in exercise of the powers conferred on it by section 3 of the Essential Supplies Temporary Powers Act 1946 by virtue of the delegation of powers by the Central Government to make orders in relation to foodstuffs under cl
j of sub section
2 of section 3 of that Act
Patanjali Shastri J speaking for the Court explaining the relevant functions of sub sections
1 and 2 of section 3 of the Act said 1  1041 It is manifest that sub section
2 of section 3 confers no fur
A the or other powers on the Central Government than what are conferred under sub section
1 for it is an order made thereunder that may provide for one or two other of the matter specifically enumerated in sub section
2 which are only illustrative as such enumeration is without prejudice to the generality of the powers conferred by sub section
Seizure of an article being thus shown to fall within the purview of sub section
l it must be competent for the Central Government or its delegate the Provincial Government to make an order for seizure under that sub section apart from and irrespective of the anticipated contravention of any other order as contemplated in cl
j of sub section
 The Court drew support for this view from the decision of the Privy Council in Emperor vs Sibnath Banerjee
  The Federal Court in that case held r 26 of the Defence of India Rules made under cl j of sub s 2 of section 3 of the Defence of India Act 1939 to be ultra vires which decision was reversed by the Privy Council The Court quoted with approval the following observations of Lord Thankerton J delivering the judgment of Privy Council In the opinion of their Lordships the function of sub section 2 is merely an illustrative one the rule making power is conferred by sub section
1 and the rules which are referred to in the opening sentence of sub section
2 are the rules which are authorized by and made under sub section
1 the provisions of sub s 2 are not restrictive of sub section
1 as indeed is expressly stated by the words without prejudice to the generality of the powers conferred by sub s 1
 This accords with our view of the purport and effect of sub sections
1 and 2 of section 3 of the Act
In Atulya Kumar vs Director of Procurement  Supplya the challenge was to the validity of West Bengal Foodgrains Intensive Procurement Order 1952 issued under section 3 1 of the Essential Supplies Temporary Powers Act 1946 by virtue of delegation of powers by the Central Government under section 5 of the Act which was 1 LR 1945 72 IA 241
AIR 1953 Cal
1042 almost in identical terms with section 5 of the Act
Sinha J as he then was held that the powers to promulgate the levy order was derived from sub section
1 of s 3 of the Act and that the power was general in terms and authorized inter alia the promulgation of any order providing for regulating or prohibiting the production supply and distribution of and trade and commerce in any essential commodity insofar as it appears necessary or expedient to the State Government for maintaining or increasing supplies or for securing their equitable distribution and availability at fair prices
The learned Judge after referring to the Privy Council decision in Sibnath Banerjee s case and that of this Court in Santosh Kumar Jain s case observed  Sub section
2 of section 3 commences with the words without prejudice to the generality of the powers conferred by sub section
1 etc
 This shows that sub section
2 confers no fresh powers but provides illustrations of the general powers conferred by sub section
1  The learned Judge went on to observe This is undoubtedly very incompetent drafting
But I think that the meaning is reasonably clear
The Matters Specified  in sub section
2 being without prejudice to the generality of the powers conferred by sub s 1 must be held to include such powers
Thus it cannot be said that the general powers have not been conferred upon the State but only those specified in cls
a to j of sub section
The only limitation is with regard to the kind of essential commodity concerned
The State has been given powers limited to foodstuffs  only Quite recently the Calcutta High Court in Tarakdas Mukherjee vs State of West Bengal1 and Lila Biswas vs State of West Bengal 12 following the dictum of Sinha J in Atulya Kumar s case supra have held that the delegation of specific powers to issue an impugned order of this nature is derived from sub section
1 of section 3 and that the provisions of sub section
2 thereof are merely illustrative
It has further held that the various clauses of sub section
2 of section 3 of the Act cannot be made operative independently by any notification 1 2 1043 under section 5 of the Act without deriving the general powers under sub section
1 of section 3 of the Act
We are of the considered opinion that the view of the Calcutta High Court accords both with reason and principle
The view to the contrary taken by the Punjab Allahabad and Orissa High Courts in Sujan Singh section Suraj Ban s and Bejoy Kumar Routrai s cases supra dose not lay down good law
It must accordingly be held that although cl
d of sub section
2 of section 3 of the Act deals only with a specific power the general power to issue the impugned order flows from the provisions of sub h
1 of section 3 which stands delegated to the State Government by virtue of the notification issued under section S of the Act
Upon that view the question as to the construction of the word regulating  occurring in cl
d of sub section
2 of 83 of the Act does not really arise
However since the question has been raised at the Bar we think it proper to deal with it
As a matter of construction Shri P Govindan Nair learned counsel for the appellant contends that the words regulating  and prohibiting  connote two distinct and separate attributes of power which are mutually exclusive and therefore the word regulating  used in cl
d cannot be given the same meaning as prohibiting 
He urges that is A sound rule of construction to give the same meaning to the same word occurring in different parts of an Act of Parliament
For the purpose of ascertaining the true meaning of the word regulating  in the context of cl
d of sub section
2 of section 3 he has referred to us the different clauses of that sub section
A perusal of the various clauses a to j indicates that while cls
a d and g speak of the power to prohibit and the remaining cls
b c f h i ii and j though they do not mention that they are illustrative of the power to regulate impliedly partake of the character of that power
If the contention of the learned counsel were to be accepted it would imply that the Central Government derives its power under sub section
1 of section 3 of the Act as the power to promulgate any order providing for regulating or prohibiting the production supply and distribution of and trade and commerce in any essential commodity insofar as it appears necessary or expedient so to do for maintaining or increasing supplies or for securing their equitable distribution and availability at fair prices
If the Central Government were to make an order under sub section
1 in respect of the matters specified in cl
d it may not only regulate or control the storage transport distribution etc
Of an essential commodity including the 1044 movement of such foodstuffs by grant of licenses permits or otherwise but also place a ban on the movement of wheat from one place to another but the State Government under cl
d has only a regulatory power in relation thereto ie to make an order only for regulating the movement of wheat from one place to another by issue of the permits licenses or otherwise as provided for by cl 3 of the impugned Order but could not have issued cl 3 IA placing a ban on movement of wheat from one place to another
Although by force of logic one may be driven to that conclusion that the State Government has power to promulgate cl 3 of the impugned Order but not cl 3 IA there is no reason for us to give such a restrictive meaning to the word regulating  appearing in cl
d of sub section
2 of section 3 of the Act
it would seem that the rule of construction is clearly y well recognized that a word may be used in two different senses in the same section of an Act
The world regulation  has not that rigidity of moaning as never to take in prohibition 
I must depend on the context in which it is used in the statute and the object sought to be achieved by the legislation
For a time different views were expressed on the question whether the word regulation  in article 192 to 196 includes prohibition  till the Court in Narendra Kumar vs Union of India1 answered it in the affirmative
Shri P Govindan Nair learned counsel for the appellant however contends that the word regulation  should not be confused with the expression reasonable restrictions  occurring in article 192 to 6 of the Constitution and therefore the view t taken in Narendra Kumar s case is not applicable
According to him the word regulation  in cl
d of sub 
2 of section 3 of the Act does not take in prohibition 
He seeks to draw a distinction between prohibition or prevention o certain activities and their regulation or governance
It is said that a power to regulate or govern would imply continued existence of that which is to be regulated or governed and to be inconsistent with absolute prohibition
He therefore submits that cl 3 IA of the Order was ultra vires because the State Government had only power under cl
d of sub s 2 of section 3 of the Act to regulate production supply and distribution of and trade and commerce in essential commodities like foodstuffs by 1 1045 grant of permits licenses or otherwise in contradistinction to the A power of the Central Government under sub section
1 of section 3 to regulate or prohibit such production supply and distribution of and trade and commerce in essential commodities
Learned counsel for the appellant placed reliance on the decision of the Allahabad High Court in Suraj Bhan s case which proceeds Upon a decision of this Court in State of Mysore vs Sanjeeviah1 holding that power to regulate does not include power to prohibit or restrict
In Sanjeeviah s case the question arose whether two provisos framed by the State Government under section 37 of the Mysore Forest Act 1900 which empowered the making of rules to regulate the transit of forest produce which placed absolute prohibition against transportation of forest produce between sunset and sunrise and a qualified prohibition in certain circumstances was beyond the rule making power of the State Government
The contention on behalf of the State was
that the two provisos were regulatory and prohibitory In repelling the contention the Court observed The power which the State Government may exercise is the power to regulate transport of forest produce and not the power to prohibit or restrict transport
Prima facie a rule which totally prohibits movement of forest produce during the period between sunset and sunrise is prohibitory or restrictive of the right to transport forest produce
 These observations do not lay down any rule of universal application
The word regulation  cannot have any rigid or inflexible meaning as to exclude prohibition 
The word regulate  is difficult to define as having any precise meaning
It is a word of broad import having a broad meaning and is very comprehensive in scope
There is a diversity of opinion as to its meaning and its application to a particular state of facts some Courts giving to the term a somewhat restricted and others giving to it a liberal construction
The different shades of meaning are brought out in Corpus Juris Secundum vol
76 at p 611 1   1046 Regulate is variously defined as meaning to adjust to adjust order or govern by rule method or established mode to adjust or control by rule method or established mode or governing principles or laws to govern to govern by rule to govern by or subject to certain rules or restrictions to govern or direct according to rule to control govern or direct by rule or regulations
Regulate is also defined as meaning to direct to direct by rule or restriction to direct or manage according to certain standards laws or rules to rule to conduct to fix or establish to restrain to restrict
 See also Webster s Third New International Dictionary vol
II p 1913 and Shorter Oxford Dictionary Vol
II 3rd edn p 1784
It has often been said that the power to regulate does not necessarily include the power to prohibit and ordinarily the word regulate  is not synonymous with the word prohibit 
This is true in a general sense and in the sense that mere regulation is not the same as absolute prohibition
At the same time the power to regulate carries with it full power over the thing subject to regulation and in absence of restrictive words the power must be regarded as plenary over the entire subject It implies the power to rule direct and control and involves the adoption of a rule or guiding principle to be followed or the making of a rule with respect to the subject to be regulated the power to regulate implies the power to check and may imply the power to prohibit under certain circumstances as where the best or only efficacious regulation consists of suppression It would therefore appear that the word regulation  cannot have any inflexible meaning as to exclude prohibition 
let has different shades of meaning and must take its colour from the context in which it is used having regard to the purpose and object of the legislation and the Court must necessarily keep in view the mischief which the legislature seeks to remedy
The question essentially is one of degree and it is impossible to fix any definite point at which regulation  ends and prohibition  begins
We may illustrate how different minds have differently reacted as to the meaning of the word regulate  depending on the context in which it is used and the purpose and object of the legislation 1047 In Slattery vs Naylorl the question arose before the Judicial Committee of the Privy Council whether a bye law by reason of its prohibition internment altogether in a particular cemetry was ultra vires because the Municipal Council had only power of regulating internments whereas the bye law totally prohibited them in the cemetry in question and it was said by Lord Hobhouse delivering the judgment of the Privy Council A rule or bye law cannot be held as ultra vires merely because it prohibits where empowered to regulate as regulation often involved prohibition
 In contrast in Municipal Corporation of the City of Toronto vs Virgo2 where the question for decision was whether a section or a bye law prohibiting hawkers from plying their trade was competently and validity made Lord Davey delivering the judgment of the Privy Council while laying down that a power to make a bye law to regulate  and govern  a trade does not authorize the prohibition of such trade and added There is a marked distinction between the prohibition or prevention of a trade and the regulation or governance of it and indeed a power to regulate  and govern  seems to imply the continued existence of that which is to be regulated or governed
 The predominant object of the Act as reflected in the preamble is to provide in the interests of the general public for the control of the production supply and distribution of and trade and commerce in certain essential commodities
It is a piece of socioeconomic legislation enacted in the national interest to secure control over the production supply and distribution of and trade and commerce in essential commodities
The various Control Orders issued by the Central Government under sub s 1 of section 3 of the Act or by the State Government under s 3 read with section 5 have introduced a system of checks and balances to achieve the object of the legislation ie to ensure equitable distribution and availability of essential commodities at fair prices
Special public interest in an industry eg that it is engaged in the production of a commodity 1 LR 1888 AC 446 2 1048 vitally essential to the community may justify the regulation of its production supply and distribution and its trade and commerce provided such regulation is not arbitrary and has a rational nexus with the object sought to be achieved
the power to regulate or prohibit the production supply and distribution of and trade and commerce in essential commodities may be exercised in innumerable ways
One of the ways in which such regulation or control over the production supply and distribution of and trade and commerce in an essential commodity like foodstuffs may be exercised by placing a ban on inter Slate or inter State movement of foodstuffs to ensure that the excess stock of foodstuffs held by a wholesale dealer commission agent or retailer is not transported to places outside the State or from one district to another with a view to maximize the procurement of such foodstuffs from the growers in the surplus areas for their equitable distribution at fair prices in the deficit areas
The placing of such ban on export of foodstuffs across the State or from one part of the State to another with a view to prevent outflow of foodstuffs from a State which is a surplus State prevents the spiral in prices of such foodstuffs by artificial creation of shortage by unscrupulous traders
But such control can be exercised in a variety of ways otherwise than by placing compulsory levy on the producers for example by fixing a controlled price for foodstuffs by placing a limit on the stock of foodstuffs to be held by a wholesale dealer commission agent or retailer by prohibiting sales except in certain specified manner etc
These are nothing but regulatory measures
We find no lawful justification for giving a restricted meaning to the word regulating  in cl
d of sub section 2 of section 3 of the Act as not to take in prohibiting 
In State of Tamil Nadu vs MS Hind Stone and Ors
  Chinnappa Reddy J referred with approval the observations of Mathew J in GK Krishnan vs State of Tamil Nadu2 laying down that the word regulation  has no fixed connotation and that its meaning differs according to the nature of that thing to which it is applied
The learned Judge also observed In modern statutes concerned as they are with economic and social activities regulation  must of necessity 1 l981 2 SCC 205 2 1975 2 SCR 715 1049 receive so wide an inter pretation that in certain situations A it must exclude competition to the public sector from the private sector
More so in a welfare State
It was pointed out by the Privy Council in Commonwealth of Australia vs Bank of New South wales we agree with what was stated therein that the problem whether an enactment was regulatory or something more or whether a restriction was direct or only remote or only incidental involved not so much legal as political social or economic consideration and that it could not be laid down that in no circumstances could the exclusion of competition so as to create a monopoly either in a State or Commonwealth agency be justified   In Krishan Lal Praveen Kumar  Ors vs State of Rajasthan  Ors
l Suraj Mal kailash Chand  ors
vs Union of India  Ors
a and Bishamber Dayal Chandra Mohan  Ors
vs State of UP  Ors3 the Court has held that a restriction placed on movement of wheat from one State to another andon movement of wheat from one district to another under cl
d of sub section
2 of section 3 of the Act to be regulatory in character
Surely when a part of the country is verging on conditions of acute shortage or even famine it is expected of the government to procure foodstuffs from surplus areas and transport the same for distribution in deficit areas
D the State of Tamil Nadu like some other States the two things most essential for the sustenance of human life are rice and paddy
It is amply borne out from the material on record that due to the failure of the southwest and north east monsoons in successive years and the consequent poor rainfall there was a steep fall in production of paddy
In the circumstances the State Government had no other alternative not only to reimpose compulsory levy on the producers of paddy to the extent of 50 but also to introduce a scheme for a monopoly purchase of paddy by the Government with a view to build up its buffer stock for distribution through the public distribution 1 11981 4 SCC 550 2 3 1982 I SCR 137 1050 system throughout the State
If one part of the State is faced with a famine or even acute shortage of foodstuffs it is not unreasonable for the Government to acquire foodstuffs from the surplus areas and distribute the same in areas where they are most needed
The source of power to issue an order under cl d of sub section
2 of section 3 of the Act being relatable tot he general powers of the Central Government under sub section
1 of section 3 there is no reason for us to give a restricted meaning to the word regulating  in cl
d of sub section
2 of section 3 of the Act so as not to take in prohibiting 
For the reasons aforesaid the appeal must fail
APJ Appeal dismissed


Summary:
Section 3 2 d Whether regulating includes in the context prohibiting
Interpretation of statutes Whether some words may be used in different senses in the Same sentence
Words and phrases Regulation and Prohibiting Meaning and scope of
Due to failure of monsoon in the years 1981 82 there was a steep fall in production of paddy and it became necessary for the State Government of Tamil Nadu to build up its buffer stocks for distribution through the public distribution system throughout the State
ID the circumstances the State Government had no other alternative but to introduce a monopoly procurement scheme with a view to procure the maximum stock of paddy by banning purchase by traders
This was in addition to compulsory levy on dealers of paddy and rice to the extent of 50 under cl 5 1 of the Tamil Nadu Paddy  Rice Regulation of Trade Order 1974
1029 In exercise of the powers conferred under section 3 of the read with the Government of India Ministry of Agriculture Department or Food Order GSR 800 dated Juno 9 1978 issued under section 5 of the Act with the prior concurrence of the Government of India the State Government accordingly promulgated the Tamil Nadu Paddy Restriction on Movement Order 1982 on October 22 1982
Clause 3 1A of the Order prohibited transport movement or otherwise carrying of paddy outside the State by road or rail or otherwise except under and in accordance with the conditions of a permit issued by an officer authorised in that behalf
By GOMS No 293 dated May 11 1982 the State Government introduced sub cl
IA to cl 3 of the Order which prohibited transport movement or otherwise carrying of paddy outside places notified by cl 3 of the Order by road or rail or otherwise
Thereafter on June 20 1983 the State Government made a further amendment to the newly inserted cl 3 IA which clamped a complete ban on transport movement or otherwise carrying of paddy outside the Thanjavur District Chidambaram and Kattumannarkoil Taluks in South Arcot District and Musiri Kulithalai Lalgudi and Tiruchirapalli Talulks in Tiruchirapalli District
The appellant along with other traders assailed the constitutional validity of cl 3 IA of the Order as amended which placed a complete ban on transport movement or otherwise carrying of paddy outside the Thanjavur district and the aforesaid Taluks in South Arcot and Tiruchirapalli districts as being violative of articles 14 191g and 301 of the Constitution The High Court repelled the contentions and dismissed the writ petitions
In the appeal the appellant contended that the impugned cl 3 IA of the Order was ultra vires the State Government on two grounds namely 1 The delegation of a specific power under s 3 2 d of the Act to State Government by the aforesaid notification dated June 9 1978 issued by the Central Government under section 5 of the Act to regulate storage transport distribution disposal etc
Of an essential commodity in relation to foodstuffs does not carry with it The general power of the Central Government under sub section
1 of section 3 to regulate or prohibit the production supply and distribution thereof and trade and commerce therein
And 2 That the word regulating  in cl
d of section 3 2 of the Act does not take in prohibiting  and as such there cannot be a total prohicition on transport movement or otherwise carrying of paddy out of the areas in question under d but only regulation of such activities in the course of trade and commerce by grant of licences or permits
Dismissing the appeal  HELD 1
Sub s 2 of section 3 of the offers no fresh powers but is merely illustrative of the general poweres by sub section
1 of section 3 without exhausting the subjects in relation to such powers can be exercised
Although cl
d of sub section
2 of section 3 with a specific power the general power to issue the impugned 1030 order flows from the provisions of sub section
1 of s3 which stands delegated to the State Government by virtue of the notification issued under section S of the Act
1042H 1043B Santosh Kumar Jain vs The State I951 SCR 303 and Emperor vs Sibnath Banerjee LR 1945 72 IA 241 followed
Nanalal Navalnathji Yogi vs Collector of Bulsar  Ors
AIR 1981 Guj
approved
Atulya Kumar vs Director of Procurement  Supply AIR 1953 Cal
548 approved
_ Tarakdas Mukherjee vs State of West Bengal and Lila Biswas vs State of West Bengal  approved
Sujan Singh vs State of Haryana AIR 1998 Pun 363 State of Uttar Pradesh vs Suraj Bhan AIR 1972 All 401 and Bejoy Kumar Routrai vs State of Orissa AIR 1976 Orr
138 overruled
The word regulation  cannot have any rigid or inflexible meaning as to exclude prohibiting 
It is difficult to define the word regulate  as having any precise meaning
It has different shades of meaning and must take its colour from the context in which it is used having regard to the purpose and object of the legislation and the Court must necessarily keep in view the mischief which the legislature seeks to remedy
The question essentially is one of degree and it is impossible to fix any definite point at which regulation  ends and prohibition  begins
The power to regulate does not necessarily include the power to prohibit and ordinarily the word regulate  is not synonymous with the word prohibit 
This is true in a general sense and in the sense that mere regulation is not the same as absolute prohibition
But the power to regulate carries with it full power over the thing subject to regulation and in obsence of restrictive words the power must be regarded as plenary over the entire subject
It implies the power to rule direct and control and involves the adoption of a rule or guiding principle to be followed or the making of a rule with respect to the subject to be regulated
The power to regulate implies the power to check and may imply the power to prohibit under certain circumstances as where the best or only efficatious regulation consists of suppression
1045G H 1046E F Narendra Kumar vs Union of India Slaitery vs Naylor LR 1888 AC 446 and Municipal Corporation of the City of Toronto vs Virgo LR  Corpus Juris Secundum vol
76 at p 611 and Webster s Third New International Dictionary vol II p 1913 and Thorter Oxford Dictionary vol
II 3rd edn p 1784 referred to State of Mysore vs H Sanjeeviah   distinguish and limited
1031 The source of power to issue an order under cl
d of sub section
2 of A section 3 of the Act being relatable to the general powers of the Central Government under sub section
1 of section 3 there is no justification for giving a restricted meaning to the word regulating  in cl
d of sub section
2 of section 3 of the Act so as not to take in prohibiting 
A word may be used in two different senses in the same section
1050B C The Act is a piece of socio economic legislation and its predominant object is to provide in the interests of general public for the control of the production supply and distribution of and trade and commerce in certain essential commodities
Such control can be exercised in a variety of ways otherwise than by placing compulsory levy on the producers for example by fixing a controlled price for foodstuffs by placing a limit on the stock of foodstuffs to be held by a wholesale dealer commission agent or retailer by placing sales except in certain specified manners etc
All these arc nothing but regulatory measures
Placing a ban on inter State or inter State movement or export of foodstuffs is one of the ways to regulate and control and such ban prevents the spiral rise in prices of such foodstuffs by artificial creation of shortage by unscrupulous traders
The various Control Orders issued by the Central Government under sub section
1 of s 3 of the Act or by the State Governments under section 3 read with section 5 have introduced a system of checks and balances to achieve she object of the legislation ie to ensure equitable distribution and availability of essential commodities at fair prices
Special public interest in an industry e g that it is engaged in the production of a commodity vitally essential to the community may justify the regulation of its production supply and distribution and its trade and commerce provided such regulation is not arbitrary and has a rational nexus with the object sought to be achieved
1048C D 1047F H 1048A If one part of the country or of a State is faced with a famine or even acute shortage of foodstuffs
it is not unreasonable for the Government to acquire foodstuffs from the surplus areas and distribute the same in areas where they are most needed
Since there was steep fall in production of paddy due to failure of monsoons the State Government of Tamil Nadu was justified not only to reimpose compulsory levy on the producers of paddy to the extent of 50 but also to introduce a scheme for a monopoly purchase of paddy by the Government with a view to build up its buffer stock for distribution through the public distribution system throughout the State
1049E G State of Tamil Nadu vs Hind Stone  Ors
19811 2 SCC 205 C K Krishnan vs State of Tamil Nadu 1975 2 SCR 715 Krishan Lal Praveen kumar  Ors
vs State of Rajasthan  Ors  Suraj Mal Kailash Chand  Ors vs Union of India  Ors and Bishamber Dayal Chandra Mohan  Ors
vs State of UP  Ors
   relied on 1032