Chhanganlal Mansukhlal & ANR Vs.
K. K. Bhatt & ANR [1981] INSC 24 (5 February 1981)
KOSHAL, A.D.
KOSHAL, A.D.
ERADI, V. BALAKRISHNA (J) MISRA, R.B. (J)
CITATION: 1981 AIR 1102 1981 SCR (2) 761 1981
SCC (2) 418 1981 SCALE (1)426
ACT:
Gujarat Agricultural Produce Markets Rules
1965-Rules 48 and 49-Scope of.
HEADNOTE:
The parties are agreed that the provisions of
Rule 49 are not attracted and no fees are payable under it at the stage of
entry into a market area if the agricultural produce in question is covered by
sub-rule(2) of Rule 48, i.e., when such produce fulfils either of the following
conditions:- (i) It is brought from outside the market area there into for use
therein by the industrial concerns situated therein or for export and in
respect thereof a declaration has been made and a certificate has been obtained
in Form V.
(ii) The sale or purchase of such produce
comes within the purview of sub-section (3) of section 6 of the Gujarat
Agricultural Produce Markets Act.
This interpretation of Rules 48 and 49 which
flows directly from the language employed therein is correct. Rule 49 will have
no application to any case which falls within the ambit of sub-rule (2) of Rule
48. [763 D-E]
CIVIL APPELLATE JURISDICTION : Civil Appeal
No. 1967 of 1975.
Appeal by Special Leave from the Judgment and
Order dated 30-10-74/1-11-1974 of the Gujarat High Court in Special Civil
Application No. 766/71.
Soli J. Sorabji, Vimal Dave, Subhash Parikh
and Gopal Subharamaniyan for the Appellants.
S. H. Sheth, M. V. Goswami, Ambrish Kumar and
Mukesh Goswami for Respondent No. 1.
J. L. Nain, M. N. Shroff and S. C. Patel for
Respondent No. 2.
The Judgment of the Court was delivered by
KOSHAL, J.-Rule 49 of the Gujarat Agricultural Produce Markets Rules, 1965, the
vires and the reasonableness of which have been the main points of challenge in
this appeal, runs thus:
"49. (1) The fees on agricultural
produce shall be payable as soon as it is brought into the principal market 762
yard or sub-market yard or market proper or market area as may be specified in
the bye-laws:
Provided that the fees so paid shall be
refunded- (i) on production of sufficient proof that such produce was not sold
within the limits of the market area; or (ii) if such produce is brought from
outside the market area into the market area for use therein by the industrial
concerns situated in the market area or for export and in respect of which a
declaration has been made and a certificate has been obtained in Form V subject
to the proviso to sub-rule (2) of rule 48.
(2) The licence fees payable under rule 56 or
57 shall be paid alongwith the application for licence but in case the market
committee refuses the grant or renewal of a licence the fees recovered shall be
refunded to the applicant." In order to interpret this Rule it is also
necessary to set out the provisions of Rule 48. They are:
"48. (1) The market committee shall levy
and collect fees on agricultural produce bought or sold in the market area at
such rate as may be specified in the byelaws subject to the following minima
and maxima viz.
(1) rates when levied ad valorem shall not be
less than 10 paise and shall not exceed 40 paise per hundred rupees.
(2) rates when levied in respect of cattle,
sheep or goat shall not be less than 10 paise per animal and shall not exceed
Rs. 2 per animal.
Explanation:-For the purposes of this rule a
sale of agricultural produce shall be deemed to have taken place in a market
area if it has been weighed or measured or surveyed or delivered in case of
cattle in the market area for the purpose of sale, notwithstanding the fact
that the property in the agricultural produce has by reason of such sale passed
to a person in a place outside the market area.
(2) No fees shall be levied on agricultural
produce brought from outside the market area into the market area for use
therein by the industrial concerns situated in the market area or for export
and in respect of which declaration has been made and a certificate has been
obtained in Form V: 763 Provided that if such agricultural produce brought into
the market area for export is not exported or removed there from before the
expiry of twenty days from the date on which it was so brought, the market
committee shall levy and collect fees on such agricultural produce from the
person bringing the produce into the market area at such rates as may be
specified in the bye-laws subject to the maxima and minima specified in
sub-rule (i):
Provided that no fee shall be payable on a
sale or purchase to which sub-section (3) of section 6 applies." Learned
counsel for the parties are agreed that the provisions of Rule 49 are not
attracted and no fees are payable under it at the stage of entry into a market
area if the agricultural produce in question is covered by sub-rule 2 of Rule
48, i.e. when such produce fulfils either of the following conditions:
(1) It is brought from outside the market
area there into for use therein by the industrial concerns situated therein or
for export and in respect thereof a declaration has been made and a certificate
has been obtained in Form V.
(2) The sale or purchase of such produce
comes within the purview of sub-section (3) of section 6 of the Gujarat
Agricultural Produce Markets Act.
After hearing learned counsel for the
parties, we accept this interpretation of Rules 48 & 49 which flows
directly from the language employed therein, and hold that Rule 49 will have no
application to any case which falls within the ambit of sub-rule (2) of Rule
48.
Mr. Sorabjee does not press any other point in
support of the appeal which is accepted to the extent of the above
interpretation of Rules 48 & 49 but is otherwise dismissed with no order as
to costs.
P.B.R. Appeal partly allowed.
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