The main legal point established in the judgment is that the rule making power under the Land Assignment Act is limited by the specific provisions of the Act, and any rule made must align with the specified powers, as well as the legislative intent.

Om Prakash, C.J.

This judgment will dispose of the appeal and the O.P., as both raise the same controversy.

2. The appeal, preferred against the impugned judgment 'dated 18th March, 1993, raises a short but ticklish question for consideration whether sub-r.(9) of R.21 of the Land Assignment Rules, 1964 (for short, 'the rules') is beyond the rule making power, as contained in S.7(1) of the Kerala Government Land Assignment Act, 1960 (for brevity sake, 'the Act'). Clause (n) of sub-s.(1) of S.7 reads as under:

"7. Power to make rules-(1) The Goverment may make rules

(n) providing for revision by the Board of Revenue of any order passed by the prescribed authority, and prescribing the time within which such revisional power may be exercised".

3. The submission of learned counsel for the appellant before us is that S.7(1)(n) provides for revision only by the Board of Revenue and there is no provision under S.7(1) to provide for revision by the Government. It is therefore, submitted that in view of the specific provision of revision under S.7(1)(n), sub-r.(9) of R.21 of the Rules providing revision by Government is beyond the rule making power and hence is void. Sub-r.(9) of R.21 is reproduced below:

"(9) The Government may at any time revise, cancel, or alter on their own motion or otherwise any decision made or order passed by the Tahsildar, an Officer authorised by the Government under R.23 A, Revenue Divisional Officer, District Collector or the Board of Revenue under these rules".

4. The argument by learned counsel for the appellant, in brief, is that as S.7(1)(n) specifically provides for revision by the Board of Revenue, sub-r.(9) of R.21 has been enacted beyond the scope of the rule making power.

5. On the other hand, the submission of the learned Government Pleader before us is that power to make assignment ultimately vests in the Government and, therefore, the Government has to oversee and regulate the assignment. It is, therefore, submitted that the power of revision by the State Government can be traced to S.7(1) clause (q). The learned single judge held as under.

"4. The main purpose of the Land Assignment Act and Rules are for prescribing procedure to be followed by the Government in assigning or granting lease in respect of government lands. The main purpose of the Act itself is for laying down the procedure for assignment. Being government land the Government is the ultimate authority to decide the matter. It is in that situation that the rule was amended in 1967 by giving power of revision to the Government, either suo motu or otherwise. On a reading of S.7,1 have no doubt in my mind that the provisions contained in R.21(9) will come within the power conferred on the Government under S.7(q) of the Act".

6. Clause (q) of S.7(1) of the Act runs as follows:

"(1)The Government may make rules

(q) generally for carrying out the purpose of this Act."

7. The submission of the learned Government Pleader before us is that the rules are framed for carrying out the purposes of the Act and under Clause (q), power was given to the rule making authority in general to make any rule for carrying out the purpose(s) of the Act and it is in exercise of that power, sub-r.(9) of R.21 was inserted by Government Order dated 30.12.1967.

8. Clauses(a) to (q) in S.7(1) are not illustrative or enumerative. They would have been so, if S.7(1) had illustrated in Clauses (a) to (q) without prejudice to the generality of the rule making power. Under Clauses (a) to (q), the Legislature has specified the purposes for which rules can be framed. Under Clause (n) of S.7(1), the Legislature clearly laid down that the rules can provide for revision by the Board of Revenue. The only question is whether clause (q) shows the legislative intent otherwise and whether that clause confers power on the rule making authority to provide another revision before the Government in addition to the power of revision by the Board of Revenue under clause (n). When clause