JUDGMENT

CHANDRACHUD, CJI.:—These are two appeals from Uttar Pradesh involving validity of a levy which bears the somewhat unusual name of Circumstances and Property Tax. Civil Appeal 1528 of 1970 is by Certificate granted by the Allahabad High Court under Articles 132 (1) and 133 (1) (c) of the Constitution while Civil Appeal 564 of 1973, is by Special Leave granted by this Court.

2. The facts leading to Civil Appeal 1528 of 1970, are as follows :-

The appellant M/s. R. R. Engineering Company is a partnership firm engaged in the business of manufacture and sale of machinery, machine tools and as structural engineering. Its registered office is situated at Clutterbuckganj which was at one time within the local limits of the jurisdiction of the District Board of Bareilly. Acting under the power conferred by Section 109 of the District Board Boards Act, 1923, the District Board, Bareilly, by Resolution No. 3 dated February 18, 1923, decided to impose the Circumstances and Property Tax on persons according to their circumstances and property. Rule 7 framed under Section 172 of the Act for assessment and collection of the said tax-was published on March 10, 1928, providing for the maximum assessment of Rs. 2,000/- on any single assessee. Later by a Notification dated November 28, 1933, the State Government directed under Section 114 (d) of the Act that the total amount of tax on circumstances and property imposed by a District Board on any single assessee shall not in any year exceed the sum of Rs. 2,000/-.

3. On April 20, 1958, the U. P. Antarim Zila Parishad Ordinance 1958, was enacted by the State Government, providing for the establishment of Antarim Zila Parishads for the internal administration of Local Self Government in rural areas, thereby facilitating the establishment of Zila Parishads for the coordinated administration of affairs concerning economic and social planning and of local self Government in the various districts of Uttar Pradesh. The Ordinance was repealed by the U. P. Antarim Zila Parishad Act 1958.

4. In 1961, the U. P. Kshetra Samitis and Zilla Parishads Act, 33 of 1961, was passed. By Section 274 of that Act, the U. P. District Boards Act, 1922, was repealed as from the date Kshetra Samitis were established in a District, and the U. P. Antarim Zila Parishad Act was repealed as from the date on which the Zila Parishad was established in a District. The powers and functions of District Boards were vested in or were transferred to the Antarim Zila Parishads and from them to the Zila Parishads on their establishment in the District.

5. By Sec. 119 of the U. P. Kshetra Samitis and Zila Parishads Act 1961, the Zila Parishads were empowered to impose the Circumstances and Property Tax. Section 120 of that Act provides that where, before the appointed date, there was in force Circumstances and Property Tax under the District Boards Act, 1922, such tax may continue to be levied by the Zila Parishad at the same rates and on the same conditions under which it was being levied under the District Boards Act. Section 131 provides that the total amount of the tax shall not exceed the amount as may be prescribed by rules framed under the Act, Rule 7 framed under Section 172 of the District Boards Act, 1922, which provides for a maximum levy of Rs. 2,000/- on a single assessee, remains in force until the framing of rules under the Act of 1961.

6. The appellants registered office which was situated within the jurisdiction of the District Board of Bareilly is now within the jurisdiction of the Zial Parishad, Bareilly. The Circumstances and Property Tax which was being levied by the District Board of Bareilly is now being levied by the Zila Parishad of Bareilly.

7. The appellant having been assessed to a tax of Rs. 2,000/- for the year 1965-66, filed Writ Petition 37 of 1967 in the High Court of Allahabad to challenge the constitutional validity of that tax. A learned single Judge referred the petition to a Division Bench which in