Law:

Section:

(a) Factories Act (XXV of 1934), S. 5-A-Permission of Provincial Government to installation of new factory or extension of old one-Not necessary after coming into force of Development of Industries Rules, 1950: Held, that after the Development of Industries Rules, 1950 came into force, in view of the provisions of subsection (2) of section 49 of the Government of India Act, 1935, the executive authority of the Provincial Government (which was co-extensive with its legislative competence), with respect to factories engaged in any of the manufacturing processes specified in the Schedule to the Development of Industries (Federal Control) Act, 1949, came to an end and, therefore, whatever may have been the number of persons employed in any such factory, the necessity of obtaining permission from the Provincial Government under section 5-A of the Factories Act, 1934, also came to an end. (b) Artificial Silk (Yarn Control) Order, 1955--- Registration (Importers and Exporters) Order, 1952-Powers conferred on Textile Commissioner or Chief Controller-Not of judicial Dr quasi judicial but of an administrative character. Certain powers were conferred by the Artificial Silk (Yarn Control) Order, 1955, and the Registration (Importers and Exporters) Order, 1952, on the Textile Commissioner and the Chief Controller. In dealing with applications of consumers, dealers and importers, these two officers had to determine certain questions of fact and were expected to dispose of those applications in accor­dance with the general policy and orders of the Government. In dealing with such applications these officers, apparently, acted in an administrative capacity. Abdul Majid v. The West Pakistan Province P L D 1956 Lah. 615 rel. (c) Constitution of Pakistan, Arts. 11, 12, 170 proviso (a)­Licensing Authority arbitrarily acting in a manner so as to deprive one of a fundamental right-Remedy by petition under Art. 170. If a licensing authority acts in such a manner as to deprive a person of his fundamental right to acquire and dispose of property and the power so conferred is exercised by that authority arbitrarily and capriciously, it would certainly amount to denial of the…

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