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TMI Blog2001 (12) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... the absence of a market and a lawful market area, the provisions of the Act and the Rules are not enforceable in the area, (3) the fees are in the nature of taxes and are illegally levied as no services are being rendered by the market committee and (4) the enforcement of the Act and the Rules in Gaya without implementing them in the whole of Bihar is discriminatory ;and violative of Art. 14 of the Constitution. W.P. No. 199 of 1967 is a writ petition filed in this Court. C.A. No. 1971 of 1966 is an appeal from -an order of the Patna High Court dismissing a writ petition filed in that Court. Cr. As. Nos. '164-168 of, 1966 are appeals filed against the orders of the Patna High Court refusing to quash criminal prosecutions under s. 48 for refusal to take out licences in contravention of Rule 7 1. The relevant provisions of the Act and the Rules and the relevant notifications may be noticed briefly. As stated in the preamble, the object of the Act is to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for it in the State of Bihar and for matters connected therewith. "Agricultural produce" as defined in s. 2(1)(a) in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, within such distance of the market yard or yards as it thinks fit, to be market proper. 18.Objects and duties of the Market Committee Subject to the other provisions of this Act, the following shall be the objects and duties of the Market Committee :- (i) when so required by the State Government, to establish a market for the market area providing for such facilities as the State Government may, from time to time, direct in connection with the purchase and sale of the agricultural produce concerned;.... Rule 59. Establishment of markets (1): After the issue of the notification under section 4 and establishment of the market committee under section 6, the State Government shall direct the market committee to establish a market. (2) when. directed to do so under sub-rule (1), the market committee shall establish a market for the market area for which it is established. (3)After the establishment of a market by the market committee, the State Government shall issue a notification under section 5." A market as defined in s. 2(h) is established for a market area by following the procedure laid down in sees. 5, 18(i) and Rule 59. The State Government issues a direction under s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed the market committee to establish a market. On January 23, 1964 the market committee decided to establish a market under r.59(2) and made its recommendations regarding market proper and the principal market yard. On February 12, 1964 the market committee made its recommendation regarding the sub-market yard. The resolution of the committee dated January 23, 1964 stated that as directed by the State Government "the committee appoints Gaya bazar to be area of this bazar." This clumsy phrase really means that as directed by-the Government the committee was establishing a market for the Gaya market area. The market consisted of the market proper and the market yards. There was no other separate market known as the Gaya bazar. On April 6, 1964, the Government issued a notification under s. 5(2)(ii) dec- laring the entire area under the jurisdiction of the Gaya municipality and several villages as the market proper. On April 7, 1964 the Government issued a notification under s. 5(2)(i) declaring the locality of Mahallah Parani Godown within Gaya Police Station to be the principal market yard and the locality known as Kedarnath Market within Gaya Police Station to be the sub-mark ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Rs. 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 C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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