JUDGMENT - MOOKERJEE C., C.J.:—Municipal Council, Arvi, respondent No. 1, had framed bye-laws under sections 278 and 280 read with section 322 of the Maharashtra Municipalities Act, 1965, for keeping control over cotton ginning and pressing factories within the limits of the Municipality and for assessment of licence fees. Under Bye-law 4 of the said bye-laws, licence fees were payable according to the horse power of the engine or electric motor used by the cotton ginning and pressing factories situated within the Municipal Limits of Arvi. The licence fee was Rs. 10/- per horse power upto and including 10 horse power engine or motor. In case of factories using engines and motors from 10 to 15 horse power the prescribed fee was Rs. 15/- per each horse power. In case of factories using engines and motors over 15 horse power the fee was Rs. 20/- per each horse power. In exercise of the powers conferred by section 322(3)(e)(ii) of the Maharashtra Municipalities Act, 1965, respondent No. 2, the Collector of Wardha had confirmed the said bye-laws made by respondent No. 1 the Municipal Council. The bye laws were notified in the Maharashtra Government Gazette No. 12 dated 19th March, 1970.

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