Law:

Section:

(a) Punjab Industries (Control on Establishment and Enlargement) Act, 1963-- ----------Ss. 3 & 11---------Constitution of Pakistan, Art. 18---------Restrictions on establishment/enlargement of sugar industry---------Constitutionality---------Notification was issued by the Provincial Government under Ss. 3 & 11 of the Punjab Industries (Control on Establishment and Enlargement) Act, 1963 imposing a complete ban on the setting up of new sugar mills and enlarging the installed capacity of existing sugar mills in the province---------Said notification was within the executive authority of the Provincial Government---------Decision of the Provincial Government, disallowing the setting up of new sugar mills and expanding the capacity of existing ones, was taken after considerable deliberations and was in conformity with the advice of experts of the relevant departments---------Factors taken into consideration in coming to such a decision, included various ecological/environmental, agricultural, industrial and financial ones---------Current statistics and data on the subject of sugar industry disclosed excessive sugarcane production and a deficit cotton crop which was adversely affecting the cotton ginning and textile industry with negative financial consequences---------Such state of affairs were prejudicial to the national interest---------Had the Provincial Government not imposed the restrictions it would have further devastated the environment and food security as well as undermined the economy---------Provincial Government's decision to stop the expansion of the sugar business did not offend Art.18 of the Constitution as the freedom of trade, business or profession was subject to such qualifications that had been prescribed by law---------Madina Sugar Mills v. Secretary Ministry of Industries and others PLD 2001 Lah. 506 approved. Section 3 of the Punjab Industries (Control on Establishment and Enlargement) Act, 1963 stated that prior permission in writing of the Government was to be obtained before establishing or enlarging any industrial undertaking. Proviso to section 3 however stated that an application seeking permission shall not be rejected without…