111), residential hotels, restaurants and eating-houses (ch. Walling (1), and in Mabee v. If the Court could justifiably hold that the tax measures in these cases were vulnerable on that ground, I would unreservedly agree. 2003, an order was passed by this Court admitting the present appeal, after condoning the delay in filing the appeal. 70 for a Bill involving proposals for the delegation of legislative power shall further be accompanied by a memorandum explaining such proposals and drawing attention to their scope and stating also whether they are of normal or exceptional character.

The Rules of Procedure and Conduct of Business in Lok Sabha (1957) provide in Rule No. (supra) requires re-consideration. There are, however, general provisions applicable to and regulating all the establishments alike and these are found in chs. " A tax upon newspaper publishing is not invalid simply because it falls upon -the exercise of a constitutional right. The constitution by the Legislature of the Wages Board in the matter of the fixation of rates of wages was not considered as a piece of delegated legislation in the memorandum regarding -delegated legislation appended to the draft Bill No.

This is specifically stated in the synopsis and the list of dates. (4) the Federal Fair Labour Standards Act was held applicable to the press and it was observed in the former case at p. 19 of the Bill which empowered the Central Government to make rules in respect of certain matters specified therein and it was stated that these were purely procedural matters of a routine character and related inter alia to prescribing hours of work, payment of gratuity, holidays, earned leave or other kinds of leave and the procedure to be followed by the Minimum Wager, Board in fixing minimum wages and the manner in which its decisions may be published.

19 146 The scheme of the Act shows that it deals separately with shops and commercial establishments (ch. We further find that on 08. The decision of the Wage Board was not to be laid before both the Houses of Parliament which would have been the case if the fixation of rates of wages was a piece of delegated legislation. " In Oklahoma Press Publishing Co. (b) a provision specifying the classes of posts recruitment to which shall be made through the District Panchayat Service Selection Committee and the classes of posts, recruitment to which shall be made by the Gujarat Panchayat Service Selection Board, and (c) a provision regarding the percentage of vacancies to be reserved for the members of Scheduled Castes, Scheduled Tribes and Other Backward Classes in the panchayat service.

White Planis Publishing Co. dissenting), that the post of Assistant Station Director was not a post in the same grade as that of the Public Relations Officer and under the relevant Service Rules he could not carry his quasi- permanent status to the new post; as the order permitting the appellant to carry his quasi-permanent status was passed under a misapprehension and was not intended to confer on him that status independently in the new post, his service was terminable under r.

These clauses were ultimately passed as s. It is significant that with the exception of s. It was only to be published by the Central Government after it/ was communicated to it by the Wage Board in such manner as the Central Government thought fit, a provision which was akin to the publication of award,,; of the Industrial Tribunals by the appropriate Government under the provisions of the Industrial Disputes Act, 1947. Separate provisions are made to regulate these different establishments having regard to the special needs of each one of them.

In this connection, it was also pointed out that the Legislature itself while enacting the impugned Act did not consider these functions as legislative at all. 13, of 1955 introduced in the Rajya Sabha on September 28, 1955, and the only reference that was made there was to Cl. 70, no other section of the Act deals with factories. In view thereof, we are of the opinion that the matter needs to be heard by a three-Judge Bench. There is also a committee on subordinate legislation which is established for scrutinizing and reporting to the House; whether the powers to make regulations, rules, sub-rules, by-laws, etc.

, conferred by the Constitution or delegated by Parliament are being properly exercised within 'such 149 delegation (vide Rule 317 ibid). But the Court has not done so, and indeed could not. 20 of the impugned Act but they were the only piece of delegated legislation contemplated by the Legislature and were covered by the memorandum regarding the same which was appended to the Bill. This circumstance also was pointed out as indicative of the intention of the Legislature not to constitute the Wage Board a sub-legislative authority.

Such a tax might be invalid if it invidiously singled out newspaper publishing for bearing the burden of taxation or imposed upon them in such ways as to encroach on the essential scope of a free press. Clause 19 (3) of the Bill further provided that all rules made under this section shall as soon as practicable after they are made, be laid before both Houses of Parliament. , IV) and theaters and other places of public amusement (ch.