The said expressions are found defined and explained in the Mines Act, 1952 and the Oil Fields (Development and Regulation) Act 1948. Narmada Bachao Andolan [1991 (4) SCC 270] in which this Court has considered the provisions of section 20 of the CPC. Should it be held that the appointment of a representative was at the discretion of the Court of Wards, the entire object of the section would be defeated. This Court has observed thus : 17(2) A complaint shall be instituted in a State Commission within the limits of whose jurisdiction,-- (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises.

According to the argument the third proviso is not an independent proviso but is a sort of proviso to the second proviso. 14, (3) that the said principles, in any case, had no legal force, as they were not mentioned in the Non-ferrous Metal Control Order, nor were they notified in the Official Gazette and laid before both Houses of Parliament in the manner laid down in sub-ss. The argument is that the second proviso is merely declaratory and the third proviso supplies the machinery for giving effect to the provisions of the second proviso.

19(5) and 19(6) of the Constitution includes cases of prohibition " also; that where a restriction reaches the stage of total restraint of rights special care has to be taken by the Court to see that the test of reasonableness is satisfied by considering the question in the background of the facts and circumstances under which the order was made, taking into account the nature of the evil that was sought to be remedied; by such law, the ratio of the harm caused to individual citizens by the proposed remedy, the beneficial effect reasonably expected to result to the general public, and whether the restraint caused by the law was more than was necessary in the interests of the general public.

The decision in Somic Surgical (supra) has been approved by this Court in State of Madhya Pradesh and Anr. The Income Tax Act does not define the expressions mines or minerals. The endeavour of learned counsel for the appellant, therefore, is to induce us to hold that the termination of the appellant's leasehold rights which were created on or after July 1, 1945, could only be done under the third proviso, for other wise the provisions of sub-s.

(5) and (6) of Art 19, (2) that the principles specified in the communication dated April 18, 1958, being discriminatory in nature as between the manufacturers and dealers in copper, infringed Art. 19(1)(f) and 19(1)(g) of the Constitution, and that such total elimination of the dealer amounting as it will to prohibition of any exercise of the right to carry on trade or to acquire property 376 was not a mere restriction on the rights and was outside the saving provision of cls.

It was found that the result of the abuse by the importers of the practical monopoly given to them of the copper market seriously affected the interests of the general public in India, and that to protect these interests of the public the impugned legislation in the form of Non-ferrous Metal Control Order and the subsequent specification of principles was made. Action taken by the Government under the third proviso to sub-s. ] This Court while interpreting the provision held that the term ˜branch office as used in the amended section 17(2)(b) has to be interpreted to mean only that branch office where the cause of action has arisen.

provision for payment of compensation for the determination of rights created before the notified date is provided in sub-s. Thus, the court departed from the plain and literal meaning of the words of section 17(2)(b) of the Consumer Protection Act in order to avoid absurdity. Under that sub- section a person can claim compensation only when his right is terminated by the Government under "the foregoing proviso".

(2) which provide for compensation will not be attracted. It is said that the words " such right " in the third proviso relate to the rights mentioned in the second proviso, that is to say, rights created on or after July 1, 1945. In other words, the third proviso, according to learned counsel 559 for the appellant, merely enables the Government to exercise the right conferred on it by the second proviso and therefore, the Government, if it intends to avail itself of the right under the second proviso, must comply with the conditions laid down in the third proviso.

(1) can be supported only if the conditions said down in that proviso can be shown to have been complied with, namely, that the Government had formed the opinion that it was in the public interest to terminate such lease and that three months' notice had been given before such termination. 3 of the Essential Commodities Act. 20 of the Abolition Act. A person for whose 'benefit the provision was conceived would be represented by the opposite party, a situation anomalous in the extreme.

The words "foregoing proviso", it is conceded, refer to the third proviso to sub-s.