ISSUE:
Whether the proviso to Rule 3(1) of the Himachal Pradesh Ceiling on Land Holdings Rules, 1973, as amended by the notification dated 4.4.1986, is ultra vires the Himachal Pradesh Ceiling on Land Holdings Act, 1972?
Whether the restriction on the transfer of land supporting tea plantations is arbitrary, unreasonable, and contrary to the purpose of the Act?
Whether the State Government, through delegated legislation, can impose substantive obligations or disabilities not contemplated by the Parent Act?
RULE:
Delegated legislation must align with the scope of authority granted by the parent statute and cannot override or expand upon its provisions.
A rule made under a statute must fulfil two conditions:
It must conform to the provisions of the enabling statute.
It must fall within the scope of the rule-making power delegated by the legislature.
The legislature cannot delegate its essential legislative functions, including determining core policy matters, to subordinate authorities. Delegation is permissible only for ancillary details necessary to implement the statute’s purpose.