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It could not, therefore, give rise to a complaint that a rule of natural justice has not been followed in fixing the price | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Nevertheless, the criterion adopted must be reasonable | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Reasonableness, for purposes of judging whether there was an "excess of power" or an "arbitrary" exercise of it, is really the demonstration of a reasonable nexus between the matters which are taken into account in exercising a power and the purposes of exercise of that power | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was also reiterated that the decision in Shree Meenakshi Mills' case was based on a special agreement between the parties and therefore, had no relevance to the question before them | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Prag Ice & Oil Mills v. Union of India, [1978] 3 SCC 459 1978 Indlaw SC 472 a Constitution Bench of seven judges of this court had to consider the validity of the Mustard Oil (Price Control | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Order, 1977, an Order made in exercise of the powers conferred upon Central Government by the Essential Commodities Act | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chandrachud, J. speaking for the court approved the observation of Beg, CJ | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
in Saraswati Industrial Syndicate | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
that it was enough compliance with the Constitutional mandate if the basis adopted for price fixation was not shown to be so patently unreasonable as to be in excess of the power to fix the price | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He observed: "In the ultimate analysis the mechanics of price fixation has necessarily to be left to the judgment of the Executive and unless it is patent that there is hostiled discrimination against a class of operators, the processual basis of price fixation has to be accepted in the generality of cases as valid | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Referring to Shri Meenakshi Mills, the learned CJ. reaffirmed the approval accorded to the statement in Secretary of Agriculture v. Central Reig Refining Company (supra) that Courts of Law could not be converted into tribunals for relief from the crudities and inequities of complicated experimental economic legislation | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Panipat Sugar and Anakappalle Society were again referred to and it was pointed out that those cases turned on the language of s. 3(3C) of the Essential Commodities Act | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Premier Automobiles was considered and it was affirmed that the judgment in that case could not be treated as precedent and could not afford any appreciable assistance in the decision of price fixation cases as it proceeded partly on agreement between the parties and partly on concessions made at the bar | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Beg, CJ. who delivered a separate opinion for himself and for Desai, J. agreed that the judgment in Premier Automobiles was not to provide a precedent in price fixation case | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He also reaffirmed the proposition that price fixation was in the nature of a legislative measure and could not give rise to a complaint that natural justice was not observed | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He indicated the indicia which led him to the conclusion that price fixation was a legislative measure | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He observed: "We think that unless, by the terms of a 'particular statute, or order, price fixation is made a quasi-judicial function for specified purposes or cases, it is really legislative in character in the type of control order which is now before us because it satisfies the tests of legislation | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A legislative measure does not concern itself with the facts of an individual case | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is meant to lay down a general rule applicable to all persons or objects or transactions of a particular kind or class | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the case before us, the Control Order applies to sales of mustard oil anywhere in India by any dealer | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Its validity does not depend on the observance of any procedure to be complied with or particular types of evidence to be taken on any specified matters as conditions precedent to its validity | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The test of validity is constituted by the nexus shown between the order passed and the purposes for which it can be passed, or in other words by reasonableness judged by possible or probable consequences | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In New India Sugar Works v. State of Uttar Pradesh, [1981] 2 SCC 293 1981 Indlaw SC 217 there was an indication though it was not expressly so stated that the question of observing natural justice did not arise in cases of price fixation | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Laxmi Khandsari v. State of Uttar Pradesh, [1981] 2 SCC 600 1981 Indlaw SC 558 it was held that the Sugar Cane Control Order, 1966 was a legislative measure and therefore, rules of natural justice were not attracted | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Rameshchandra Kachardas Porwal v. State of Maharashtra, [1981] 2 SCC 722 1981 Indlaw SC 423 it was observed that legislative activity did not invite natural justice and that making of a declaration that a certain place shall be a principal market yard for a market area under the relevant Agricultural Produce Markets Acts was an act legislative in character | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The observation of Magarry, J. in Bates v. Lord Hailsha, of St. Marylebone [1972 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1 WLR 1973 that the rules of natural justice do not run in the sphere of legislation, primary or delegated, was cited with approval and two well known text books writers Paul Kackson and Wades H.W.R. were also quoted | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The former had said, "There is no doubt that a minister, or any other body, in making legislation, for example, by statutory instrument or by law, is not subject to the rules of natural justice--Bates v. Lord Hailsham of St. Marylebone (supra)--any more than is Parliament itself; Edinburgh and Dalkeith Rv | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
v. Wauchope per Lord Brougham, [1842] 8 CL & F 700, 720; British Railways Board v. Pickin, [1974] 1 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
All ER 609 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The latter had said, "There is no right to be heard before the making of legislation, whether primary or delegated, unless it is provided by statutes | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Sarkari Sasta Anaj Vikreta Sangh v. State of Madhya Pradesh, [1981] 4 SCC 471 1981 Indlaw SC 607; it was pointed out that the amendment of the Madhya Pradesh Food Stuffs Distribution Control Order was a legislative function and there was, therefore, no question of affording an opportunity to those who were to be affected by it | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Welcom Hotel v. State of Andhra Pradesh, [1983] 4 SCC 575 1983 Indlaw SC 128 the observations of Chandrachud, CJ | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
in Prag Ice and Oil Mills were quoted with approval in connection with the fixation of prices of food stuffs served in restaurants | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Tharoe Mal v. Puranchand, [1978] 1 SCC 102 1977 Indlaw SC 122 one of the questions was regarding the nature of the hearing to be given before imposing municipal taxes under the Uttar Pradesh Municipalities Act, 1916 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was held, | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the procedure for the imposition of the tax is legislative and not quasijudicial | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The right to object, however, seems to be given at the stage of proposals of the tax only as a concession to requirements of fairness even though the procedure is legislative and not quasi-judicial | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We mentioned that the Panipat and the Anakapalle eases were distinguished in Shree Meenakshi, and Prag Ice | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Panipat and Anakapalle were both cases where the question was regarding the price payable to a person who was required to sell to the Government a certain percentage of the quantity of sugar produced in his mill | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Order requiring him to sell the sugar to the Government was made under s. 3(2)(f) of the Essential Commodities Act under which the Central Government was enabled to make an order requiring any person engaged in the production of any essential commodity to sell the whole or specified part of the quantity produced by him to the Government or its nominee | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It will straight-away be seen that an order under s. 3(2)(f) if a specific order directed to a particular individual for the purpose of enabling the Central Government to purchase a certain quantity of the commodity from the person holding it | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is an order for a compulsory sale | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
When such a compulsory sale is required to be made under s. 3(2)(f), the question naturally arises what is the price to be paid for the commodity purchased | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S. 3(3C) provides for the ascertainment of the price | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It provides that in calculating the amount to be paid for the commodity required to be sold regard is to be had to--(a) the minimum price, if any, fixed for sugarcane by the Central Government under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) the securing of a reasonable return on the capital employed in the business of manufacturing sugar | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is further prescribed that different prices may be determined, from time to time, for different areas or for different factories or for different kinds of sugar | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is to be noticed here that the payment to be made under s. 3(3C) is not necessarily the same as the controlled price which may be fixed under s. 3(2)(c) of the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S. 3(2)(c) of the Act, we have already seen, enables the Central Government to make an order controlling the price at which any essential commodity may be bought or sold, 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 in securing their equitable distribution and availability at fair prices | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S. 3(3C) provides for the determination of the price to be paid to a person who has been directed by the Central Government by an Order made under s. 3(2)(c) to sell a certain quantity of an essential commodity to the Government or its nominee | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
While s. 3(2)(c) contemplates an Order of a general nature, s. 3(3C) contemplates a specific transaction | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the provisions of s. 3(2)(c) under which the price of an essential commodity may be controlled are contrasted with s. 3(3C) under which payment is to be made for a commodity require to be sold by an individual to the Government, the distinction between a legislative act and a non-legislative act will at once become clear | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Order made under s. 3(2c), which is not in respect of a single transaction, nor directed to particular individual is clearly a legislative act, while an Order made under s. 3(3C) which is in respect of a particular transaction of compulsory sale from a specific individual is a non-legislative act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Order made under s. 3(2)(c) controlling the price of an essential commodity may itself prescribe the manner in which price is to be fixed but that will not make the fixation of price a non-legislative activity, when the activity is not directed towards a single individual or transaction but is of a general nature, covering all individuals and all transactions | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The legislative character of the activity is not shed and an administrative or quasi-judicial character acquired merely because guidelines prescribed by the statutory order have to be taken into account | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We may refer at this juncture to some illuminating passages from Schwrtz's book on 'Administrative Law | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He said: "If a particular function is termed "legislative" or "rulemaking" rather than "judicial" or "adjudication," it may have substantial effects upon the parties concerned | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the function is treated as legislative in nature, there is no right to notice and hearing, unless a statute expressly requires them | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If a hearing is held in accordance with a statutory requirement, it normally need not be a formal one, governed by the requirements discussed in Chapters 6 and 7 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The characterization of an administrative act as legislative instead of judicial is thus of great significance | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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As a federal court has recently pointed out, there is no "bright line" between rule-making and adjudication | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The most famous pre-APA attempt to explain the difference between legislative and judicial functions was made by Justice Holmes in Prentis v. Atlantic Coast Line Co | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A judicial inquiry," said he, "investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
That is its purpose and end | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Legislation on the other hand looks to the future and changes existing conditions by making a new rule to be applied thereafter to all or some part of those subject to its power | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The key factor in the Holmes analysis is time: a rule prescribes future patterns of conduct; a decision determines liabilities upon the basis of present or past facts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The element of applicability has been emphasized by others as the key in differentiating legislative from judicial functions | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
According to Chief Justice Burger, "Rulemaking is normally directed toward the formulation of requirements having a general application to all members of a broadly identifiable class | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
An adjudication, on the other hand, applies to specific individuals or situations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Rulemaking affects the rights of individuals in the abstract and must be applied in a further proceeding before the legal position of any particular individual will be definitely affected; adjudication operates conceretly upon individuals in their individual X X capacity | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We may now turn our attention to the two Drugs (prices Control) Order of 1970 and 1979, both of which were made by the Central Government in exercise of its powers under s. 3 of the Essential Commodities Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Drugs (prices Control) Order, 1970 defined 'Bulk Drugs' as follows: "Bulk drugs" means "any unprecessed phamaceutical, chemical, biological and plant product or medicinal gas conforming to pharmacopocial or other standards accepted which is used as such or after being processed into formulations and includes an essential bulk drug | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bulk drugs were divided into essential bulk drugs which were included in the schedule and bulk drugs which were not so included | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the case of essential bulk drugs, paragraph 4 of the order enabled the Central Government to fix the maximum price at which such essential bulk drugs should be sold | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the case of bulk drugs, which were not included in the schedule, a manufacturer was entitled to continue to market the product at the same price at which he was marketing the products at the time of the commencement of the order | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He was required to report this price to the Central Government within two weeks of the commencement of the order and was further prohibited from increasing the price without obtaining the approval of the Central Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A Committee on Drugs and Pharmaceutical Industry, popularly known as the Hathi Committee was appointed by the Government of India to enquire into the various facets, of the Drug Industry in India | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
One of the terms of reference was 'to examine the measures taken so far to reduce prices of drugs for the consumer, and to recommend such further measures as may be necessary to rationalise the prices of basic drugs and formulations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Hathi Committee noticed that 'in a country like India where general poverty and the wide disparities in levels of income between different sections existed' it was particularly important to emphasise 'the social utility of the industry and the urgent need for extending as rapidly as possible certain minimum facilities in terms of preventive and curative medicines to the large mass of people both urban and rural | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was said, "The concern about drug prices, therefore, really arises from the fact that many of them are essential to the health and welfare of the community; and that there is no justification for the drug industry charging prices and having a production pattern which is based not upon the needs of the community but on aggressive marketing tactices and created demand | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Government of India accepted the report of the Hathi Committee and announced in Parliament the 'Statement on Drug Policy' pursuant to which the Drugs (prices Control) Order, 1970 was repealed and the Drugs (prices Control | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Order, 1979 was made | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Paragraph 44 of the Statement on Drug Policy in 1978 dealt with 'pricing policy' and it may be usefully extracted here | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was as follows | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Hathi Committee had recommended that a return post tax between 12 to 14% on equity that is paid up capital plus reserves, may be adopted as the basis for price fixation, depending on the importance and complexity of the bulk drug | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the case of formulations, the Hathi Committee felt that the principle of selectivity could be introduced in terms of (a) the size of the units, (b) selection of items; and (c) controlling the prices only of market leaders, in particular, of products for which price control is contemplated | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Hathi Committee considered that units (other than MRTP units) having only turnover of less than Rs.1 crore may be exempted from price control | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Alternatively, all formulations (other than those marketed under generic names) which have an annual sale in the country in excess of Rs.15 lakhs (inclusive of excise duty) may be subjected to price control, irrespective of whether or not the total annual turnover of the unit is in excess of Rs.1 crore | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The ceiling price will be determined taking into account the production costs and a reasonable return for the units which are the market leaders | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Yet another variant of a selectivity, according to the Hathi Committee, would be to identify product groups which individually are important and which collectively constitute the bulk of the output of the industry | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In respect of each item of this list, it would be possible to identify the leading producers who account for about 60% of the sales between them | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the basis of cost analysis in respect of those units, maximum prices may be prescribed and all other units may be free to fix their prices within this ceiling | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On balance, the Hathi Committee was of the view that this particular variant selectivity may be administratively simpler | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Drugs (prices Control) Order, 1979 was made pursuant to this Statement of Policy | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Paragraph 2(a) of the Drugs | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
prices Control | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Order, 1979 defines 'bulk drug' to mean "any substance including pharmaceutical, chemical, biological or plant product or medicinal gas conforming to pharmacological or other standards accepted under the Drugs and Cosmetics Act, 1940, which is used as such or as in ingredient in any formulations | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Formulation" is defined as follows:- "Formulation means a medicine processed out of, or containing one or more bulk drugs or drugs, with or without the use of any pharmaceutical aids for internal or external use for, or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals, but shall not include-- (i) any bona fide Ayurvedic (including Sidha) or Unani (Tibb) Systems of medicine; (ii) any medicine included in the Homoeopathic system of medicine; 865 (iii) any substance to which the provisions of the Drugs and Cosmetics Act, 1940 (XXIII of 1940), do not apply | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The expressions "free reserve", "leader price", "net-worth", "now bulk drug", "pooled price," "pre-tax return", "retention price" are defined in the following manner: ""Free reserve" means a reserve created by appropriation of profits, but does not include reserves provided for contingent liability, disputed claims, goodwill, revaluation, and other similar reserves". "'leader price' means a price fixed by the Government for formulations specified in Category I, Category II or Category III of the Third Schedule in accordance with the provisions of paras | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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