Judgment

Mahajan., J. :- These two petns. for enforcement of the fundamental right guaranteed under Art.19 (1) (g), Const. Ind. have been made by a proprietor & an employee respectively of a bidi manufacturing concern of District Sagar (State of Madhya Pradesh). It is contended that the law in force in the State authorising it to prohibit the manufacture of bidis in certain villages including the ones wherein the aspects reside is inconsistent with the provisions of Part III of the Constitution & is consequently void.

2. The Central Provinces and Berar Regulation of Manufacture of Bidis (Agricultural Purposes) Act, LXIV [64] of 1948 was passed on 19-10-1948 & was the law in force in the State at the commencement of the Constitution. Sections 3 & 4 of the Act are in these terms : "

3. The Deputy Commissioner may by notification fix a period to be an agricultural season with respect to such villages as may be specified therein.

4. (1) The Deputy Commissioner may, by general order which shall extend to such villages as he may specify, prohibit the manufacture of bidis during the agricultural season. (2). No person residing in a village specified in such order shall during the agricultu