Document Fragment View
Fragment Information
Showing contexts for: referential legislation in Lalitha Sasi vs State Of Kerala on 30 August, 2005Matching Fragments
3. The next contention raised by the petitioners that referential legislation vide impugned amendment is not appropriate or legal as the purpose of the Abkari Act is different from the purpose of Welfare Fund Act. Petitioners have contended that the Abkari Act is made in exercise of the legislative power of the State under Entry 8 of State List in the VIIth Schedule to the Constitution, while the Toddy Workers Welfare Fund Act is a welfare legislation made under Entry 24 of the Concurrent List. The Supreme Court in State of Kerala v. M/s. Attesee (Agro Industrial Trading Corporation), 1989 Supp. (1) SCC 733 held that in a case of referential legislation which merely contains a reference to, or citation of a provision of another statute, the provision of the first statute along with all its amendments and variations from time to time, should be read into the second statute. Therefore the rate of interest provided in Section 9 of the Act will keep on fluctuating with the interest rate provided under the Abkari Act read with Rule 7(30) of the Rules. I do not think there is any prohibition against the legislature from making a referential legislation in an Act with reference to a provision in another statute, the object of which is different from the statute in which referential legislation is incorporated. Therefore the objection raised by the petitioners against referential legislation is also not tenable and hence rejected.