TMI Blog2001 (12) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... chnique 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cultural produce as defined in s. 2(1)(a) includes all produce mentioned in the schedule to the Act. Sections 2, 3, 4 and 5 define and deal with market area, market, proper and market yards. Market area is the entire area within which purchase and sale of agricultural produce is regulated. Market for the area consists of a market proper, a principal market yard and sub-market yard or yards, if any. Market proper is an area inside the market area and within a certain distance from a market yard. Principal market yard and sub-market yard are enclosures, buildings or localities within the market proper. The State Government may issue a notification under S. 3 declaring its intention of regulating the purchase and sale of specified agricultural produce in any Area. After considering the objections and suggestions received by it and after holding necessary enquiries, if any, the State Government may issue a notification under s. 4(1) declaring the area or any part of it to be the market area in respect of any notified agricultural produce. Section 4(2) provides that on the issue of such a notification no place can be set up, established or continued except in accordance wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5, 18(i) and Rule 59. The State Government issues a direction under s. 18(i) read with r. 59(1) to the market committee to establish a market for the market area. On receipt of this direction the market committee decides under r. 59(2) to establish a market by fixing the boundaries of the market proper and the principal market yard and sub-market yard, if any. Thereafter the government issues the necessary notification under s. 5(2) declaring the market proper and the market yards. These three steps form one integrated process and on the issue of the notification under s. 5(2) the market is finally established. The market so established consists of the market proper and the market yard or yards. There is no other separate market place. The expression market is used in the Act as, meaning either the market proper or the market yards or both. Under section 15 read with r. 67 as soon as a market is established all notified agricultural produce- brought into, produced or processed in the market proper save a prescribed quantity for retail sale or consumption must pass through a market yard and shall not be sold at any other 'Place within the market proper and the price shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y known as Kedarnath Market within Gaya Police Station to be the sub-market yard. Mr. M. C. Chagla submitted that the area declared to be the market area by the notification on September 19, 1963 is too wide. This objection is not well founded. It may be conceded that the power under s. 4(1) should be exercised reasonably. But there is no material on the record to show that the Government acted unreasonably or that the market is so wide that the sale and purchase of agricultural produce within it cannot be effectively controlled by the market committee or that the growers within the area cannot conveniently bring their produce to the market yards. The market area was duly declared under s. 4(1) after considering all objections and suggestions made in that behalf. Counsel next submitted that the market committee has not established any market. According to Counsel, a market must be a well defined site with market equipment and facilities. The argument overlooks the definition of market in s. 2(h). The market consists of market proper, and the market yards. The market yards are well defined enclosures, buildings or localities but the market proper is under s. 2(k) read with s. 5(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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] S.C.R. 1005). 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. In Writ Petition No. 103, of 1967 the relevant notification relating to Barh and the levy of fees by the market committee are challenged on the same grounds. The notification under S. 4(1) declaring the area within Barh police station to be a market area in respect of the agricultural produce mentioned therein was issued by the State Government on May 26, 1965. Thereafter the market for the area was established and notifications declaring the market proper and the market yards were issued after-followi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
