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2001 (12) TMI 862 - SC - Indian LawsValidity of the notifications declaring a market area and establishing a market for agricultural produce in Gaya and the legality ,of the levy of market fees and licence fees therein under the Bihar Agricultural Produce Markets Act, 1960 (Bihar Act 16 of 1960) and the Bihar Agricultural Produce Markets Rules 1962 Held that:- The market committee has taken-steps for the establishment of a market where buyers and sellers meet and sales and purchases of agricultural produce take place at fair prices. Unhealthy market practices are eliminated, market charges are defined and improper ones are prohibited. Correct weighment is ensured by employment of licensed weighment and by inspection of scales, weights and measures and weighing and measuring instruments. The market committee has appointed a dispute sub-committee for quick settlement of disputes. It has set up market intelligence unit for collecting and publishing the daily prices and information regarding the stock, arrivals and despatches of agricultural produce It has provided a grading unit where the technique of grading agricultural produce is taught. The contract form for purchase and sale is standardised. The, provisions of the Act and the Rules are enforced through inspectors and other staff appointed by the market committee. The fees charged by the market committee are correlated to the expenses incurred by it for rendering these services. The market fee of 25 naye paise per ₹ 100/worth of agricultural produce and the licence fees prescribed by Rules 71 and 73 are not excessive. The fees collected by the market committee form part of the market committee fund which is set apart and ear-marked for the purposes of the Act. There is sufficient quid pro quo for the levies and they satisfy the test of "fee" as laid down in Commissioner Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [1954 (4) TMI 29 - SUPREME COURT]. It is then said that the setting up of a market in Gaya is discriminatory and violative of Art. 14 of the Constitution as the Act and the Rules have not been implemented in all parts of Bihar. There is no force in this Contention. The State Government is not bound to implement the, Act and the Rules in all parts of Bihar at the so time. I It may establish markets regulating the sale and purchase of Agricultural produce in different parts of Bihar gradually and from time to time. Appeal dismissed.
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