Regulation - Definition - Law Dictionary Home Dictionary Definition regulation

Definition :

Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).

Regulation, includes regulation, Constitution of India, Art. 13(3)(a).

Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]

Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]

The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)

The act or process of controlling by rule or restriction, Black's Law Dictionary, 7th Edn., p. 1289.

The word 'free' in Article 301 does not mean free-dom from regulation. There is a clear distinction between laws interfering with freedom to carry out the activities constituting trade and laws imposing on those engaged therein rules of proper conduct or other restraints directed to the due and orderly manner of carrying out the activities. This dis-tinction is described as regulation. The word 'regulation' has no fixed connotation. It's meaning differs according to the nature of the thing to which it is applied, G.K. Krishnan v. State of Tamil Nadu, AIR 1975 SC 583: (1975) 1 SCC 375: (1975) 2 SCR 715.

The expression 'regulation' occurring in s. 49(1) is qualified by the expression 'if any'. It is, therefore, manifest that if the power is existing, it must be exercised according to valid principles consistent with the provisions of s. 49(4) of the 1948 Act. Therefore, making of any regulations under s. 79(j) is no precondition to exercise of power under s. 49, Adoni Cotton Mills Ltd. v. Andhra Pradesh State Electricity Board, AIR 1976 SC 2414: (1976) 4 SCC 68: (1977) 1 SCR 133.

Regulation' has that rigidity of meaning as never to take in 'prohibition. Much depends on the context in which the expression is used in the stature and the object sought to be achieved by the con-templated regulation. It was observed by Mathew, J. in G. K. Krishnan v. State of Tamil Nadu, AIR 1975 SC 583: (1975) 1 SCC 375. 'The word 'regulation' has no fixed connotation. Its meaning differs according to the nature of the thing to which it is applied', State of Tamil Nadu v. Hind Stone, AIR 1981 SC 711: (1981) 2 SCC 205: (1981) 2 SCR 742.

The word 'regulation' cannot have any inflexible meaning as to exclude 'prohibition'. It has different shades of meaning and must take its colour from the context in which it is used having regard to the purpose and object of the legislation, K. Ramanathan v. State of Tamil Nadu, AIR 1985 SC 660 (669): (1985) 2 SCC 116: (1985) 2 SCR 1028.

The word 'regulation' as used in Entry 54 cannot but be said to be of broad impact encompassing all the facets not only specifically mentioned in the entry itself but it is inclusive of its inherent implications thereto as well. The interpretation shall have to be attributed to the words used in the Constitution having regard to the public good and public interest. As a matter of fact, it has been expressly recorded in the entry itself that the regulation is in public interest. The word 'regulation' thus has to be read in the context in which it has been used. In Corpus Juris Secundum (Vol. 76, p. 615) the word 'regulation' has been defined as a rule or order prescribed for management or governance [see in this context the decision of the Punjab High Court in the case of Municipal Committee, Malerkotla v. Haji Ismail, AIR 1967 Punj 32: ILR (1966) 1 Punj 481]. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context. There must be a regulated development and mineral development is thus the only criteria, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8: (2001) 1 SCC 91.

The word 'regulation' in s.188(e)(ii) of the Punjab Municipal Act, 1911 is wide enough to include the power to frame bye-laws authorizing the Muni-cipality to confine certain trades within specified municipal areas, Dalip Singh v. State of Punjab, AIR 1977 P&H 109 (113). [Punjab Municipal Act, 1911, s. 188(e)(ii)]

A Regulation is a rule or order prescribed by a superior for the management of some business and implies a rule for general course of action. Rules and Regulations are all comprised in delegated legislations. The powers to make subordinate legislation is derived from the enabling Act and it is fundamental that the delegate on whom such a power is conferred has to act within the limit of authority conferred by the Act. Rules cannot be made to supplant the provisions of the enabling Act but to supplement it, St. John Teachers Training Institute v. Regional Director, NCERT, AIR 2003 SC 1533 (1539): (2003) 3 SCC 321.

Regulation, the President has the power to make regulations for the peace, progress and good government of Union Territories. But when a legislative Assembly is set up in any of the Union Territories, this power of the President ceases to exist in relation to such Union Territories, this power of the President have the force and effect of an Act of Parliament, can repeal or amend any law made by Parliament or any other law made application to the Union Territory concerned. [Constitution of India, Art. 13(3)(a)]