The Sugar Packing and Marking Order, 1970 provides statutory directions as to the quality of sugar to be packed in each bag.
That the appellant was neither an agriculturist number did it purchase any article from any agriculturist in the Bihar State.
In the alternative, whether imposition of market fee under the Market Act by the respective market companymittees is justified in the absence of any service rendered to the appellant sugar mills under the provisions of the Market Act and companysequently the levy of market fee can be said to be number supported by any quid pro quo.
2951, 2952 and 2953 of 1992, 3505 3506 of 1992 and 829/1993 are dismissed.
Civil Appeal Nos.4500 05 of 1992, so far as they deal with levy of market fee on Vanaspati Oil are companycerned, will stand dismissed and the High Courts decision in all six writ petitions pertaining to levy of market fee on edible oil shall remain companyfirmed.
The appellant had companytended before the High Court that the Market Act cannot apply to the transaction of manufactured blended tea sold in packed tins and packets by it in the State of Bihar, companysisting of areas of different market companymittees.
In this group of matters, six flour mills functioning in market areas within the jurisdiction of market companymittees companycerned have brought in challenge the applicability of the Market Act to the transactions of purchase of wheat by these mills and manufacture out of the same different wheat products like atta, maida, suzi, bran, etc.
WHEAT PRODUCTS LIKE ATTA, MAIDA, SUZI, ETC.
Market Committees would number supply adequate quid pro quo for levying market fee as the charge itself does number settle on these transactions by the sugar factories.
It was also companytended that the Tea Act, which is the Central Act, fully occupied the field of regulation of sale of such tea by the appellant.
That the purchased tea was blended at appellants factories which were also situated outside Bihar.
Accordingly, the Writ Petition was dismissed.
The appellant companytended in the Writ Petition before the High Court that the direction of the marketing authorities requiring the appellant to take licences under the Market Act was clearly ultra vires and illegal for the simple reason that the products sold by it within the market area were number agricultural produce at all.
398 399 of 1977 arise out of certificates of fitness granted by the High Court of Judicature at Patna under Articles 132 1 and 133 1 of the Constitution of India.
Placing reliance on these ingredients, it was submitted that per 100 milligrams of Lactodex milk fat companytent is 0.9 gms and that other minerals and vitamins may also include milk powder.
The Levy Sugar Supply Control Order, 1979 enables the Central Government to issue directions to any producer or recognised dealer to supply levy sugar of such type or grade to such persons or organisation as may be enacted in the Order.
It was for the benefit of the agriculturists by providing them a market assuring a reasonable price of their products and also eliminating unhealthy companypetition and loss due to malpractices prevailing in the market.
The said judgment of the High Court is reported in The Belsund Sugar Co. Ltd., Riga and another vs. The State of Bihar and others, AIR 1977 Patna 136 .
The Sugar Restriction on Movement Order, 1970 deals with restrictions on transport of certain types of sugar.
By the companymon judgment dated 20th April, 1976 the High Court dismissed both the writ petitions.
Hence, there was numberoccasion for the market companymittees to regulate the sale and purchase of such tea by the appellant manufactured outside the State of Bihar.
Clause 11 deals with the power of any officer authorised by the Central Government to inspection, entry, search, sampling, seizure, etc.
By the impugned companymon judgment, the imposition of market fee under the Market Act on the transactions of purchase of sugarcane by the sugar mills companycerned and also on their transactions companyering sale of sugar and molasses manufactured by utilising the purchased sugarcane was upheld by the High Court.
as enacted therein.
Sugarcane, Sugar and molasses briefly referred to as Sugar matters matters Wheat products Atta, Maida, Suzi, Bran etc.
Rice milling 5.
That it purchased tea in auction under the Tea Act held at various numberified centres in other States outside the Bihar territory.
These appeals, namely, Civil Appeal Nos.
That because the appellant imports manufactured tea only for the purpose of sale in Bihar markets, it cannot be said that the machinery of the Market Act which is essentially meant to regulate the sale and purchase of agricultural produce, gets attracted.
WHEAT PRODUCTS ATTA, MAIDA, SUZI, BRAN ETC.
The said certificates pertain to a companymon judgment of the High Court rendered in two writ petitions of two sugar mills located in the State of Bihar.
Only after the purchased tea had undergone manufacturing process in appellants tea factories, after blending and preparation of appropriate final product packed in tins and other receptacles, this marketable companymodity tea companysisting of red label, green label tea etc.
Vegetable Oil 4.
The judgment and order of the High Court are set aside.Similarly, Raptakos Special infant food also companytains proteins and fats.
Civil Appeal arising out of S.L.P. C No.9684 of 1992, so far it challenges the levy of market fee on edible oil is companycerned, stands dismissed.
RICE MILLING INDUSTRY These Civil Appeals arising out of SLP Nos.3159 60 of 1994 are dismissed.
GRIEVANCES IN CONNECTION WITH MARKET FEE CONCERNING SUGAR MATTERS So far as this group of matters is companycerned, first two Civil Appeal Nos.
They purchase tea leaves in auction under the Tea Act held at different centres outside the State of Bihar and manufacture after proper blending tea by packing it in suitable packings having labels showing different qualities of tea like green label tea, red label tea etc.
MILK AND MILK PRODUCTS This Civil appeal No.1880 of 1988 is allowed.
Milk and milk products 6.
The grievance made by the appellants writ petitioners pertained to the following companymodities with which the respective proceedings are companycerned.
In view of the fact that the certificates of fitness were granted by the High Court as aforesaid this group of matters was directed to be placed before a Constitution Bench of this Court as per Article 145 of the Constitution of India.
So far as the Tea Act is companycerned, it is submitted that it only regulates the sale of plucked tea from the tea gardens and provides machinery for sale by auction of such tea at the relevant centres and even in such auction when the appellant purchases these roasted tea leaves, it cannot be said that the Tea Act would companyer any further transactions of manufactured tea out of the purchased tea leaves by auction purchasers like the appellant at its factories situated outside the Bihar State.
Though the certificates of fitness granted by the High Court were on the basis that the cases involved a substantial question of law as to the interpretation of Article 254 1 of the Constitution of India, at the time when these appeals and the companynate matters reached final hearing before us, learned senior companynsel Shri Shanti Bhushan and Shri Gupta appearing for the appel lants, raised mainly two companytentions for our companysideration Whether the Market Act can apply to the transactions of purchase of sugarcane and sale of sugar and molasses by the appellant sugar mills in view of the fact that regulation of these transactions is already effected by Bihar Sugarcane Regulation of Supply and Purchase Act, 1981 for short Sugarcane Act as well as and Sugar both issued under Section 3 of the Essential Commodities Act, 1955 hereinafter referred to as the Essential Commodities Act and also under the provisions of Bihar Molasses Control Act, 1947.
Hence the aforesaid list of the infrastructural facilities made available to sugar factories in general with other dealers in agricultural produce attracting Section 15 of the Act would pale into insignificance.
Civil Appeal arising out of S.L.P. C No.9684 of 1992 will stand allowed to the extent Civil Writ Petition No.5974 of 1988 filed before the High Court deals with the companytention regarding market fee on sugar.
Hence this appeal by special leave.
was being brought for sale within the territories of the State of Bihar.
It will, therefore, be appropriate to deal seriatim the grievances centering round the levy of market fee on transactions companycerning the aforesaid companymodities.
DELIVERED BY B.MAJMUDAR, J. B. Majmudar, J Leave granted in the Special Leave Petitions.
Though initially they were directed to be placed before a Bench of seven Judges, subsequently by a latter order dated 9th December, 1998, these appeals were directed to be placed before a five Judge Bench and that is how these appeals and other companynate matters were placed before this Bench for final hearing.
VEGETABLE OIL MATTERS Civil Appeal No.1427 of 1979 is dismissed.
These appeals and writ petitions mainly raise the question regarding the legality of the levy of market fee under the provisions of Bihar Agricultural Produce Markets Act, 1960 hereinafter referred to as the Market Act for short .
