S.N.P.Singh, J.

1. This application under Article 226 of the Constitution of India has been filed by "The Bihar State Bullion Merchants Association" and twenty-one members of the said Association, who are licensed dealers in gold. The only question raised in the application is the constitutional validity of certain provisions of the Gold (Control) Act, 1968 (Act No. 45 of 1968).

2. The Gold (Control) Act, hereinafter called "the Act", was published in the Extraordinary issue dated the 1st of September. 1968, of the Gazette of India. Before the Act had come into force the Gold (Control) Ordinance, 1968 (No. 6 of 1968) had been promulgated by the President of the Republic of India on the 29th of June, 1968. Prior to the promulgation of the Ordinance the business in gold was controlled by the Gold Control Rules contained in Part XII-A of the Defence of India Rules, 1962. The provisions of Part XIIA of the Defence of India Rules were repealed by the Ordinance from the date of its commencement subject to Section 6 of the General Clauses Act, 1897.

3. Subsequent to the filing of the present application under Article 226 of the Constitution of India, the Supreme Court in the case