Case ID: 4947

Judgment:
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 34	000 tonnes in April to 85	000 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 2.97 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 road/rail 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 road/rail 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) (1)/78 D&R (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: (l)Cl. 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 Haryana	(1) State of Uttar Pradesh vs Suraj Bhan(2) and Bejoy Kumar Routrai vs State of Orissa(3) and he questions the correctness of the decision of the Gujarat High Court in Nanalal Navalnathji Yogi Collestor of Bulsar& Ors.(4) 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 cl.(d) 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 ' i.e. 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 & Supply(a)	 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 Bengal(1) 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 8.3 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 i.e. 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 19(2) to 19(6) includes 'prohibition ' till the Court in Narendra Kumar vs Union of India(1) 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 19(2) 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 Sanjeeviah(1) 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 Naylor	(l) 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 Virgo	(2) 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 i.e. 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	 (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 M/S Hind Stone and Ors. ( ') Chinnappa Reddy	 J. referred with approval the observations of Mathew	 J. in G.K. Krishnan vs State of Tamil Nadu(2) 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 U.P. & Ors.(3) the Court has held that a restriction placed on movement of wheat from one State to another and/on 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. A.P.J. 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	 19(1)(g) 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 s.3 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 i.e. 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 U.P. & Ors. 	 ; 	 relied on. 1032