Swami Sadashiva Brahmendra Sar (Nil) 21 May 2010

UNion list- interpretation of entry 58

Dear friends,

Making Laws on the subjects enumerated in union list is within competence of union government.

I am confused with the wordings of Entry 58 of union list which runs as under:

"58. Manufacture, supply and distribution of salt by union agencies; regulation and control of manufacture, supply and distribution of of salt by other agencies."

Thus this entry covers / makes two categories - union agencies and other agencies. Your attention is invited on highlighted words. The doubt is- what is need of these words and does it makes any difference between 'Law relating to manufacture' and 'Law relating to regulation and control of manufacture' ?

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5 Replies

Arup (UNEMPLOYED) 21 May 2010

By virtue of the art 246 (1), (2), (3) of The Constitution of India, & point 58, of the union list, Parliament has exclusive power to make laws with respect to

(i) Manufacture, supply and distribution of salt by - Union agencies &

(ii) Regulation and control of manufacture, supply and distribution of salt by other agencies.

Here,

I) Union agencies – means, agencies / entrepreneurs established by the Union Govt.

ii) Other agencies – means any other private entrepreneurs.

N.K.Assumi (Advocate) 21 May 2010

I wish to join the discussions, but I am out of station, and this is not a simple matters and required a bit of research.Any way thank you Sir, for posting the matters. I will certainly go into it once I reach home.

Swami Sadashiva Brahmendra Sar (Nil) 21 May 2010

Dear Arup,

My query is concerned to the words "regulation and control of" before the word manufacture.... It has been used only in second category i.e. with rgard to other agencies and it is absent in first category i.e with regard to union agencies.

Naturally, there will be Laws made by Parliament for union agencies as well as for other agencies; and "regulation and control " will be inherent in those Laws. But, why the term "regulation and control" is specifically used with respect to other agencies and it is absent with respect to union agencies?

Arup (UNEMPLOYED) 22 May 2010

Dear Dr Tripathy,

in a govt agency, 'regulation and control' already in the hand of govt by virtue of it's owenership, perhaps that is the reason for not mentioning it seperately.

(Guest)

Respecteds, Dr. Tripathi & Mr. Arup.. Can I say something? Please let me allow..

I am feeling a happiest person for today. You both the great persons have produced a rare example of fraternity here in this plateform of LAWYERS CLUB INDIA. Where Dr. Tripathi, a so highly educated & qualified person, shown such simplicity and in other side Mr. Arup explaining the draft of Law.. I cant believe that Dr. Tripathi did not know this but he was only kept that here for a discussion where he seen a place of confussion. Another side Mr. Arup WHO HIMSELF DECLARED IN HIS PROFILE THAT HE IS NOT A LAWYER but how clearly he has explained.

IT IS WORTH OF LCI.

Thanks and regards to both of you and to LCI too..........

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