Sasan Power Limited vs Central Electricity Regulatory ... on 14 November, 2022
―3. It is settled law that the rules validly made under the Act, for
all intents and purposes, be deemed to be part of the statute.
The conditions of the licence issued under the rules form an
integral part of the statute. The question emerges whether the
word regulation would encompass the power to fix rates of
admission and classification of the seats. The power to
regulate may include the power to license or to refuse the
licence or to require taking out a licence and may also include
the power to tax or exempt from taxation, but not the power to
impose a tax for the revenue in rule making power unless there
is a valid legislation in that behalf. Therefore, the power to
regulate a particular business or calling implies the power
to prescribe and enforce all such proper and reasonable
Page 39 of 52
Appeal No. 222 of 2021
rules and regulations as may be deemed necessary to
conduct the business in a proper and orderly manner. It
also includes the authority to prescribe the reasonable
rules, regulations or conditions subject to which the
business may be permitted or conducted. A conjoint reading
of Section 5, Section 9, Rule 4 and condition 4-A gives,
therefore, the power to the licensing authority to classify seats
and prescribe rates of admission into the cinema theatre.‖
iv. Vidarbha Industries Association v. Maharashtra State Electricity
Distribution Co. Ltd., 2006 SCC OnLine APTEL 110:
―26. The learned counsel for the appellant contended that the
power to regulate will not confer or take in the power to collect
load management charge. This aspect has already been
considered by the Supreme Court in the said two
pronouncements.