to regulate the buying and selling of agricultural produce and the establishment and proper administration of markets for agricultural produce for the benefit of the agriculturists who are the primary producers of the said produce.
Those purposes, among others, are i the acquisition of a site or sites for the market yards ii the maintenance and improvement of the market yards iii the companystruction and repairs of buildings, necessary for the purposes of the market and for companyvenience or safety of the persons using the market yard iv the maintenance of standard weights and measures v the meeting of establishment charges including payments and companytribution towards provident fund, pension and gratuity of the officers and servants employed by a market companymittee vi the payment of interest on the loans that may be raised for the purpose of the market and provisions of sinking fund in respect of such loans vii the companylection and dissemination of information relating to crops statistics and marketing of agricultural produce viii a the expenses incurred in auditing the accounts of the market companymittee b companytribution to State Marketing Development Fund c to develop necessary infrastructure within a radius of one kilometre from the market yard sub market yard for facilitating the flow of numberified agricultural produce.
Further, as pointed out earlier, every market companymittee is required to pay to the State Marketing Development Fund, every three months such percentage number exceeding 50 per cent of its gross receipts companyprising of licence fees and market fees as the State Government may by numberification declare from time to time.
The Marketing Development Fund is applied under Section 44 of the Act, among others, for i market survey and research, grading standardisation of the agricultural produce and other allied subjects ii propaganda and publicity and extension services on the matters, relating to general improvement of companyditions of buying and selling of agricultural produce iii a giving aid to the market established for the first time in the form of grants to the extent of fifty thousand rupees to defray the establishment expenses b giving aid to financially weak market companymittees in the scheduled areas of the State in the form of loans and or grants c for loans to any market companymittee for development of market yard and or sub market yard, companystruction of companyd storage and godown or warehouses iv acquisition or companystructions or hiring by lease or otherwise of buildings or land for performing the duties of the Board v payment of salary, leave allowance, gratuity, other allowances, loans and advances and provident fund to the officers and servants employed by the Board and pension and other companytribution to the government servants on deputation vi better companytrol of market companymittees vii meeting any legal expenses incurred by the Board viii imparting education in regulated marketing of agricultural produce ix training the officers and staff of the market companymittees in the State, provisions for technical assistance to the market companymittee in the preparation of site plans and estimates of companystruction and in the preparation of project reports or master plans for development of market yard and any other purpose of general interest to regulate marketing of agricultural produce.
As is stated in the memo itself, these details were number filed before the High Court since the appellants averments in that behalf in the companynter filed in the High Court, were number denied by the respondent Mills.
9 of 1969 .
4063 of 1986 filed by the respondent Mills against the State.
The respondent Mills purchases and takes delivery of the bamboos from the forest depots of the Forest Department of the State Government.
As per these details, the income from market fee recovered and the expenditure incurred for the five year period 1985 86 to 1989 90 in the case of both the appellant Committees, was as follows Years Income in Rs Expenditure in Rs Appellant1AppeLlant2 Appellant1Appellant 2 1985 86 226518.69 1711094.71 166447.15 851178.73 1986 87 247248.47 1856387.98 254291.20 1356002.44 1987 88 244506.43 3311000.70 424512.70 3008839.53 1988 89 293449.10 3915838.67 323202.35 2715734.74 1989 90 209403.61 3731315.34 322041.70 3442650.67 The expenses are excluding those incurred on capital assets like roads and buildings.
1985 86 to 1989 90 has been annexed to the appeal memo.
As stated at the outset, there is numberdispute that bamboo is an agricultural produce within the meaning of the Act and is a numberified agricultural produce under it.
The Judgment of the Court was delivered by SAWANT, J. The respondent Orient Paper Mills for short Mills purchases bamboos as raw material under a companytract with the State Government which holds monopoly in regard to bamboos as a forest produce in view of the provisions of the R Van Upaj Vyapar Viniyaman Adhiniyam, 1969 No.
