Case Note & Summary
The Petitioner, Indian Small Scale Paint Association Society, challenged the Maharashtra Solvent Raffinate and Slop (Licensing) Order 2007 as being repugnant to the Central Solvents, Raffinates & Slop (Acquisition, Sale, Storage & Prevention of Automobile) Order, 2000 issued under the Essential Commodities Act, 1955. The Petitioner's members are small-scale paint manufacturers who use solvents and other petroleum byproducts as raw materials. The Central Government had already issued an order under Section 3 of the EC Act regulating these commodities, and Section 5 of the EC Act provides that any State order repugnant to a Central order shall be void. The Court found that the State Order of 2007 imposed additional licensing requirements that conflicted with the Central Order of 2000, which did not require such licenses. The Court held that the Central Government had occupied the field, and the State Order was therefore ultra vires the EC Act. The Petition was allowed, and the State Order was quashed. The Court also noted that the State Order was not saved by any provision of the EC Act and that the doctrine of repugnancy applied.
Headnote
A) Constitutional Law - Repugnancy - Doctrine of Occupied Field - Essential Commodities Act, 1955, Sections 3 and 5 - The State Order of 2007 requiring licensing for solvents, raffinates and slop was held repugnant to the Central Order of 2000 which already regulated the same commodities. The Central Government had occupied the field under Section 5 of the EC Act, leaving no room for parallel State legislation. Held that the State Order is ultra vires the EC Act and liable to be struck down (Paras 1-15).
Issue of Consideration
Whether the Maharashtra Solvent Raffinate and Slop (Licensing) Order 2007 is repugnant to the Central Solvents, Raffinates & Slop (Acquisition, Sale, Storage & Prevention of Automobile) Order, 2000 and therefore ultra vires the Essential Commodities Act, 1955.
Final Decision
The Petition is allowed. The Maharashtra Solvent Raffinate and Slop (Licensing) Order 2007 is quashed and set aside as ultra vires the Essential Commodities Act, 1955. Rule is made absolute.
Law Points
- Repugnancy between State and Central orders under Essential Commodities Act
- 1955
- Doctrine of occupied field
- Section 3 of Essential Commodities Act
- Section 5 of Essential Commodities Act
