Publication of Delegated Legislation

In the case of Sonik Industries, Rajkot vs Municipal Corporation of the City of Rajkot[1], wherein a rule was published in Gujrati level newspaper in a draft form and after considering the objections the final rules were placed at the Central office of the Municipality for inspection by people.

The court in this case laid down that the requirement of publication is mandatory and the mode of such a publication directory in nature. Further, it was also held that no lapse was committed in this case merely on the ground that the final rules was not published in the same newspaper.

Taking reference of another case of Govindlal vs A.P.M Committee[2], which related to publication of notice in Guajarati newspaper along with official gazette.

In this case an inspector of Godhra Agricultural produce market committee filed a complaint against the appellant, in this case, Govindlal charging him with purchasing certain quantity of ginger without obtaining a license.

Inspector contend that the government issued the notification under Section 6(5) of Gujarat Agricultural Produce Market Act, 1964 and this was published in official gazette covering additional varieties of agricultural produce and appellant had violated this provision.

He contended that the relevant notification did not include ginger in the Gujarati newspaper as require by the Act and therefore, he cannot be penalized for the same.

The main issue in this case was whether it was necessary to publish this notification in Gujarati newspaper along with the official gazette?

The supreme court reasoned that one cannot ignore the intention of the legislature. In the absence of proper and adequate publicity, the right of the trader and agriculturist could be hampered without affording them and opportunity to offer objection and suggestion. Court further added that publication in a newspaper attracts greater attention of the Public at large than publication in gazette and therefore, the same was obligatory in essence.

After considering the above discussions, we can conclude that the publication was not properly made and the house owner in the given case can question the imposition as bad for the rules and that it was not duly published as the rules were approved by the State government that municipal taxes are to be levied by the municipality and even it was published in the local newspaper that rules can be inspected at the office of municipality on all working days and the time was fixed for each day, so the house owner can deny this very fact and claim that it is not duly published as he cannot have gone and checked and read it. Therefore, the house owner is not liable to pay taxes in respect of his house and there has been violation in this regard. Publication is essential requirement for the validity of rules in India, and the same has not been duly exercised, although there is no general statutory provision which states so, but it is to be followed and has not been followed properly. Also, the word “shall” used is not conclusive and decisive in nature.

[1] 1986 AIR 1518.

[2] 1976 AIR 263.

Aishwarya Says:

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