RANGASWAMI, THE TEXTILE COMMISSIONER & ORS. versus SUGAR TEXTILE MILLS (P) LTD. & ANOTHER

Citation: [1977] 2 S.C.R. 825 · Decided: 27-01-1977 · Supreme Court of India · Bench: Y.V. CHANDRACHUD
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Judgment (excerpt)

( 
825 
RANGASWAMI, THE TEXTILE COMMISSIONER & ORS. 
v. 
SUGAR TEXTILE MILLS (P) LID. & ANOTHER 
January 27, 1977 
[Y. V. CHANDRACHUD, P. K. GOSWAMI AND P. N. SHINGHAL, JJ.] 
Coton Textiles (Control) Order 1948, clause 20(1)-Whether the provisions 
make it obligatory upon the Textile Commissioner to specify the period of 
operation of his direction's-Meaning of thi! word "may", 
~lause 20 of the Cotton Textiles (Control) Order, 1948 empoweni 
the 
A 
Textile Commissioner, having regard to the capacity of the producer to produce 
cloth and yarn of different description or specification and to the needs of the 
general public, to issue from time to time such directions in writin.11 to any manu-
C 
facturer or manufacturers generally regarding the class or specifications of cloth 
or yarn and the maximum or the minimum quantities thereof which they shall 
or shall not produce during such periods as may be specified in the directions. 
The respondents' challenge to the vires of the notification issued by the 
appellant which prohibited the printing of any border or heading on sarees etc. 
for an indefinite period was accepted by the Gujarat High Court. 
Dismissing the appeals by special leave, the Court, 
HELD : ( 1) The impugned notification in so far as it prohibits the printin& 
D 
of any border and heading on sarees etc., for an indefinite period ie ultra vire.r 
clause 20 of the Cotton Textiles (Control) Order 194g since the aforesaid clause 
casts an obligation or a duty upon the Textile Commissioner to speciy the period 
during which the prohibition shall remain in force. 
[827 B·C] 
(2) It is well settled that the word "may" is capable of meaning ~must" or 
"shall" in the light of the context and that where a discretion is conferred upon 
a public authority coupled with an obligation the word "may" which denotes 
E 
discretion should be construed to mean a command. 
Considering the purpose 
of the relevant empowerment and its impact on those who are likely to be affec-
ted by the exercise of the power, it is clear that the power conferred on the Tex-
tile Commissioner in the Cotton Textile (Control) Order 1948 to issue directiom 
is coupled with a duty to specify the particular period for which the directiomi 
,shall be operative" [826 F-G] 
State of Uttar Pradesh v. Jogendra Singh [1964] 2 SCR 197 @J 202, princi-
F 
pies reiterated. 
CIVJL APPELLATE JURISDICTION : Civil 
Appeal 
No. 1182 
of 
1972. 
Appeal by Special Leave from the Judgment and Order dated the 
4-8-71 of the Gujarat High Court in S.C.A. No. 1346/69 and 
G 
CNIL APPELLATE JURISDICTION: Civil Appeals Nos. 1545-1546 
of 1972. 
Appeals by Special Leave from the Judgment and Order dated 
the 4-8-1971 of the Gujarat High Court in S.C.A. Nos. 972 
and 
1527 of 1970 respectively. 
H 
A 
B 
c 
D 
E 
F 
G 
H 
826 
SUPREME C:OURT REPORTS 
[1977] 2 S.C.R. 
V. P. Raman, Addi. Sol. Gen., S. N. Prasad and Girish Chandra 
for the Appellant in CA 1182/72 and CAS.1545-46/72. 
~ 
V. M. Tarkunde, V. N. Ganpule, (Miss) M Tarkunde and P. C_ 
Kapoor for Respondents in C.A. 1182/72. 
V. N. Ganpule, A. K. Srivastava and Vineet Kumar for RR. 
No. 1 in C.As. 1545-46/72. 
The Judgment of the Court was delivered by 
CHANDRACHUD, J. 
Under the power conferred by Section 3 
of 
the Essential Suppiies (Temporary Powers) Act, 1946, the Central 
Government issued an Order called "The Cotton Textiles (Control) 
Order, 1948". 
Clause 20 of that Order, as amended, reads thus :-
"20( 1) The Textile Commisisoner may from 
time 
to 
time issue directions in writing to any manufacturer 
or 
class of manufacturers or the manufacturers generally re-
garding the classes or specifications of cloth or yarn, 
and 
the maximum or the minimum quantities 
thereof, 
which 
they shall or sha,11 not produce during such periods as n:iay 
be specified in the directions, and they shall comply with such 
directions. 
20(2) In the exercise of the powers conferred upon him 
by sub-clause (1) the Textile Commissioner 
shall 
have 
regard to the capacity of the producer to produce cloth and 
yarn of different descriptions or specifications and 
to 
the. 
needs of the general public." ... 
The question for our determination in these appeals is 
whether, if 
the Textile Commissioner decides to issue appropriate directions to 
any manufacturer or class of manufacturers, it is obligatory 
upon 
him to specify therein the period for which the directions will remain 
in operation. 
As hold by this Court in Stat
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