( 1 ) THIS is a petition by one of the money-lenders carrying on that trade in a scheduled area challenging the vires of most of the provisions in a body of regulations made by the Governor of Madhya Pradesh in exercise or the powers in paragraph 5 (2) of the Fifth Schedule to the Constitution and entitled the "madhya pradesh Scheduled Tribes Debt Relief Regulations 1962". They came into force on 15-8-1983 and have been subsequently amended by the amending regulations of 1963 (actually numbered 1 of 1964 ). There is also a body of rules made under the regulation No 26 of 1962. Both the original and this amending regulations have received the assent of the President; but the petitioner challenges the vires on the general grounds and besides has questioned their vires on grounds relatable to some of the more important regulations.

( 2 ) GENERALLY the argument is twofold; first, that these regulations having been made under Para 5 (2) (c) of Fifth Schedule to the Constitution by way of regulating the business of money-lending and not under Para 5 (2) generally for the peace and good Govt. of the area, these provisions could not have been made because they are so drastic as to shut out

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