Bare ActsThe Punjab Excise Act, 1914(Bare Act )

Section 1

Definition Clause

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Definition Clause. - Section 3 of the Act contain definitions of a few terms used therein indicating there specific meaning which may slightly or substantively differ from its usual declaratory meaning. It is also clear that since the Act empowers Legislature as well as specified authorities to include or exclude any substance in its specified form or any other term, which may have not been included or excluded in the Act or to be covered under the Act, from the definition of any term. Though the definition clauses, by bringing some specific terms under the restrictions of the Act, restrict their free utilisation, circulation, production and/or transportation, but the same were held to be intra vires the Constitution not offending any fundamental rights as the fundamental rights granted under the Constitution are also subject to any law made by the Legislature. The Constitution is a fountain of Fundamental Right of the Citizens as well as of such laws which may impose certain restrictions on such rights provided in Part III of the Constitution. Reference can be made to Art. 13 of the Constitution in this context which reads as under :- "Article 13 : Laws inconsistent with or in derogation of the fundamental rights :(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridge the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the con- travention, be void. (3) In this Articles, unless the context otherwise requires :- (a) "Law" includes any ordinance, order, by-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) "Laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. (4) Nothing in this Article shall apply to any amendment of this Constitution made under Art. 368)." Similarly the head of the State can also enforce its ordinance exercising his powers under Art. 213 which reads as under:- "Article 213 :- Power of Governor to promulgate ordinances during recess of Legislature:- (I) If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circum- stances appear to him to require :- Article 13 above, contain three parts: namely; (i) sub clause (1) which provides a declaration against any law existent on the day the Constitution came into force; to the extent of its inconsistency with the provisions of part III of the Constitution; and (ii) Sub Clause (2) restrains the State from making any such law which may take away any right granted by Part III of the Constitution; but at the same time Art. 31 A to 3l-C of the Constitution provide saving provisions of a few such laws. Art. 3l-C is directly relevant for the purpose of this section which reads as under :- "Art. 3l-C :- Saving of laws giving effect to certain directive principles :Notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV, shall be deemed to be void on the ground that it is inconsistent with, or taking away or abridges any of the rights conferred by Article 14 or Article 19 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy. Provided that where such law is made by the Legislature of a State, the provisions of this Article shall not apply thereto unless such law, having been reserved for the considera- tion of the president, has received his assent." Since the purpose and objects of the Act are to improve public health and moral by a greater control of liquor trade and for the benefit of the State to earn revenue, the definition clauses covering a few such articles or substance which are dangerous to the health, are rightly waved under Art 3l-C of the Constitution under its sound and well founded scheme. Therefore, the provisions of Section 3 of this Act does not hit Art. 13 or any other Provisions of Part III of the Constitution.

Section 1 – The Punjab Excise Act, 1914(Bare Act ) | DailyLaw.ai