PLD 1982 LAHORE 109

Per Muhammad Afzal Lone, J.

(a) Constitution of Pakistan(1973) Art. 151

Para. 1(b), West Pakistan Foodstuffs (Control) Act(XX of 1958), S. 3 & Punjab Government Notification No. SOF-II (484)-B/79, dated 3-10-1979 (together with its explanatory para.) read with Constitution of Pakistan(1973), Art. 151–Inter-provincial trade-Ban on movement of rice– Vires of notification–Export from custom frontier and inter-provincial trade and commerce–federal legislature alone empowered to make laws on subject and executive orders in such respect could be issued only by federal Government–Punjab paddy and Rice (control), order, 1978–confined only to controlled area and has no extra-territorial operation–Nothing in such order provides for control of movement of rice once it goes out of limits of controlled area under a valid permit–Non can foodstuffs (Control) Act, 1958, much less any notification issued thereunder, confer a mandate on provincial Government to issue any order calculated to impede free flow of trade and commerce between different province or hamper movement of goods from one province to another–impugned notification banning movement of rice not having been issued with consent of president of Pakistan under sub-Article (4) of Art. 151 of constitution of Pakistan(1973), held, hit by Art. 151 of constitution and therefore ultra vires–provincial Government, held, further, can control only intra-provincial and not inter-provincial movement of rice. [Vires of legislation]. [pp. 114, 115]A, B, F, G & H

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