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1991 Supreme(Bom) 68

S.M.DAUD
Acme Metal Industries Private Ltd. – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution of India takes exception to the vires of the fee recoverable under section 6(1)(d) of the Factories Act, 1948 (Act) or in the alternative the increase in the quantum proposed to be levied vis-a-vis the notification bearing No. FAC-2085/9848/LAB-4 dated 21-5-1986.

2. Petitioner is a Company registered under the Indian Companies Act and having a factory for hot-rolling copper wire bars into flat rods and allied jobs. It has in its employ less than 50 workers and uses electric energy of less than 750 H.P. Its factory is a factory within section 2(m) of the Act. Section 6(1) of the Act enables the State Government to make rules for various purposes, one of them being ---

"(d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licenses."

The general power to make rules is conferred upon the State Government by section 112 of the Act which says ---

"The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be pr

















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