STATE OF ORISSA versus M.A. TULLOCH AND CO.

STATE OF ORISSA versus M.A. TULLOCH AND CO.

The Orissa Act was rendered inoperative by the Central Act of 1957, which covered the entire field of 'regulation of mines and mineral development', and thus deprived the State of legislative competence in the area. However, the replacement of the Orissa Act by the Central Act amounts to a 'repeal', and the saving provision of s. 6 of the General Clauses Act, 1897, applies. Therefore, liabilities accrued under the Orissa Act prior to June 1, 1958 (the date on which the Central Act came into force) survive and can be recovered despite the supersession of the State law.

Parties
Appellant: State of Orissa; Respondent: M.A. Tulloch & Co.; Appellant: Administrator, Orissa Mining Areas Development Fund
Jurisdiction
India
Judgment Date
16 August 1963
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the Orissa High Court in O.j.c. Nos. 142 and 144 of 1960, With Certificate Under Art. 132(1) of the Constitution
Outcome
Appeals allowed. The Writ Petitions of the Respondents before the High Court are dismissed.
Legal Topics
Repugnancy of Laws, Legislative Competence, Effect of Union Legislation on State Law, Retrospective Operation of Statutes
Constitutional Law Statutory Interpretation Mines and Minerals Law Repugnancy of Laws Legislative Competence Effect of Union Legislation on State Law Retrospective Operation of Statutes

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Parties

State of Orissa

Appellant

M.A. Tulloch & Co.

Respondent

Administrator, Orissa Mining Areas Development Fund

Appellant

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the Orissa High Court in O.j.c. Nos. 142 and 144 of 1960, With Certificate Under Art. 132(1) of the Constitution

Legal Issues

  1. 1 Whether the Orissa Mining Areas Development Fund Act, 1952, continued to operate after the Mines and Minerals (Regulation and Development) Act, 1957 was brought into force by Parliament
  2. 2 Whether liabilities accrued under the Orissa Act prior to June 1, 1958 could be recovered subsequent to the Central enactment
  3. 3 Whether s. 6 of the General Clauses Act, 1897 (saving accrued liabilities) applied to repeals by implication

Ratio Decidendi

The Orissa Act was rendered inoperative by the Central Act of 1957, which covered the entire field of 'regulation of mines and mineral development', and thus deprived the State of legislative competence in the area. However, the replacement of the Orissa Act by the Central Act amounts to a 'repeal', and the saving provision of s. 6 of the General Clauses Act, 1897, applies. Therefore, liabilities accrued under the Orissa Act prior to June 1, 1958 (the date on which the Central Act came into force) survive and can be recovered despite the supersession of the State law.

Court Disposition

Appeals allowed. The Writ Petitions of the Respondents before the High Court are dismissed.

Orders

  • The Writ Petitions filed by the Respondents before the Orissa High Court are dismissed.