11B is considered as a part of the composite scheme evidenced 639 by the whole of the Order and its validity is examined in the light of the provisions of ss. Before we address ourselves to the question about the vires of cl. Failure to comply with conditions: No failure by the Insured to comply with the terms and conditions of the Policy shall be deemed to have been waived, excused or accepted by the Corporation unless the same is expressly so waived, excused or accepted by the Corporation in writing and such waiver, excuse or acceptable shall be subject to such terms and conditions as the Corporation may stipulate, including a reduction in the percentage specified under clause 30 of this policy being the percentage of loss payable by the Corporation.

3 and 4 of the Act has not been disputed before us, and indeed it cannot be disputed, in view of the decision of the Court in Harishankar Bagla and so the Legislature has empowered the Central Government to achieve the object of equitable distribution of the commodities in question by fixing fair prices for them. But their being taken out' of cl. The Union of India (2). 19(1)(g) will not cease to be reasonable even if such restrictions resulted in prohibition of carrying on business in certain cases.

The restrictions under Art. 3 and on the authority specified by s. Having regard to the fact that the decision about the maximum prices in respect of iron and steel would depend on a rational evaluation from time to time of all these varied factors the Legislature may well have thought that this problem should be left to be tackled by the delegate with enough freedom, the policy of the Legislature having been clearly indicated by s.

We are of the opinion therefore that the words " or any other disease or condition which may be specified in the rules made under this Act " confer uncanalised and uncontrolled power to- the Executive and are therefore ultra vires. It is obvious that by prescribing the maximum prices for the different categories of iron and steel cl. Having regard to the Report of the Committee on Fair Wages appointed by the Government of India and the practice prevailing in other countries, the Act has not adopted any unusual procedure in constituting a Wage Board for the determination of rates of wages of working journalists.

Foreign prices for the said commodities may also be not irrelevant. We have referred to this aspect of the matter at some length because it appears to have influenced the final conclusion in the judgment under appeal. Therefore the award is not open to the attack that it deals with immoveable properties out of the jurisdiction of the court. 19(6) on the freedom to carry oil business under Art. As we will presently indicate the argument before us has, however, centred on the question as to whether the clause has violated Art.

It is not difficult to appreciate how and why the Legislature must have thought that it would be inexpedient either to define or describe in detail all the relevant factors which have to be considered in fixing the fair price of an essential commodity from time to time. Under the directive principles of State Policy (Art. In our opinion, the High Court was right in answering this question against the appellants. Such restrictions can be imposed if they are in the interest of the general public.

The only important deviation it has made is that whereas the Press Commission had recommended fixation of a minimum wage, the Act provides for fixation of all wages. 11B directly carries out the legislative object prescribed in s. The Act follows the recommendations of the Press Commission for the most part. 3 does not affect the constitutionality of the rest of the clause or section as they are severable; R. 3 is valid, it means that the Central Government has been given sufficient and proper guidance for exercising its powers in effectuating the policy of the statute.

In our opinion, therefore, if cl. The object is equitable distribution of the commodity, and for achieving the object the delegate has to see that the said commodity is available in sufficient quantities to meet the demand from time to time at fair prices. 3 and 4 of the Act, it would be difficult to sustain the plea that it confers on the delegate uncanalised or unbridled power. 19 of the Constitution. Thus, when it is said that the delegation to the Central Government by s.

We are inclined to hold that the power conferred on the Central Government by s. 11B it is necessary to make it clear that the validity of ss. 11B seeks further to canalise the exercise of the said power ; and so it is not a case where the validity of the clause can be successfully challenged on the ground of excessive delegation. 43 of the Constitution) the goal was not merely a minimum wage but a fair wage and a living wage.

3 because the fixation of maximum prices would make stocks of iron and steel available for equitable distribution at fair prices. In prescribing a schedule of maximum prices the Controller has to take into account the position in respect of production of the commodities in question, the demand for the said commodities, the availability of the said commodities from foreign sources and the anticipated increase or decrease in the said supply or demand.

4 is canalised by the clear enunciation of the legislative policy in s.