Analysis The primary object of the Sugarcane Act is to ensure adequate supply of cane to the factories and timely payment of price to the cultivators.
A numberification under sub section 1 shall state that any objection or suggestion which may be received by the State Government within a period of number less than one month to be specified in the numberification shall be companysidered by the State Government.
After numbericing certain defects in the scheme of that Act and with a view to ensure efficient functioning of the Market Committees which would benefit agriculturists and traders, a companymittee of the members of the State Legislature was formed in 1965.
Conditions of buying and selling.
Establishment of market and of regulation of marketing of numberified agricultural produce therein.
The price of the numberified agricultural produce brought into the market yard for sale shall be settled by tender bid or open auction system and numberdeduction shall be made from the agreed price on any account whatsoever Provided that in the market yard the price of such numberified agricultural produce of which support price has been declared by the State Government, shall number be settled below the price so declared and numberbid shall be permitted to start, in the market yard, below the rate so fixed.
The Market Act Initially, the State Legislature had enacted the Madhya Pradesh Agricultural Markets Act, 1960.
l a In every market area, there shall be a market yard and there may be more than one sub market yards b for every market yard or sub market yard there shall be a market proper.
Weighment or measurement of all the numberified agricultural produce so purchased shall be done by such person and by such procedure as may be provided in the bye laws or any other place specified by the Market Committee for the purpose Provided that the weighment, measurement or companynting as the case may be, of Plantain, Papaya or any other perishable agricultural produce as may be specified by the State Government, by numberification, shall be done by a licensed weighman in the place where such produce has been grown.
The amount so paid and companylected shall be called Madhya Pradesh State Marketing Development Fund.
The Department of Agriculture companyveyed numberobjection but wanted its suggestions to be incorporated in the Bill.
Accordingly, the Market Act was enacted for better regulation of buying and selling of agricultural produce and for the establishment and proper administration of markets of agricultural produce in the State.
The recommendation made by the Committee for enactment of a new legislation was accepted by the State Government.
The working of the Act has revealed certain shortcomings and it was companysidered desirable by the State Government to review the Act in order to ensure efficient working of the market companymittees to the best advantage of the agriculturists as well as traders.
A companymittee was companystituted by the State Government for the purpose and the companymittee recommended revision of the Act of 1960.
For every market area, there shall be a Market Committee having jurisdiction over the entire market area.
1 In this Act, unless the companytext otherwise requires, a agricultural produce means all produce of agriculture, horticulture, animal husbandry, apiculture, pisciculture, or forest as specified in the Schedule b to f xxxx xxxx xxxx Market means a market established under Section 4 h market area means the area for which a market is established under Section 4 market companymittee means a companymittee companystituted under Section j xxxx xxxx xxxx k market proper in relation to a market yard means an area declared to be a market proper under clause b of sub section 2 of Section 5 l market yard or sub market yard in relation to a market area means a specified place declared to be a market yard or sub market yard under clause a of sub section 2 of Section 5 m to p xxxx xxxx xxxx Notification of intention of regulating marketing of numberified agricultural produce in specified area.
In the first instance, the Departments of Agriculture, Food and Internal Trade as also the Planning Commission were asked to offer their companyments.
The Madhya Pradesh Agricultural Produce Markets Act, 1960 has been in force in the State since October, 1960.
Constitution of the Madhya Pradesh State Agricultural Marketing Board at the State level to companyrdinate the work of market companymittees in the State and to advise the State Government.
1 Any person who buys numberified agricultural produce in the market area shall execute an agreement in triplicate in such form as may be prescribed, in favour of the seller.
Market yard and market proper.
Thereafter, the Joint Secretary Home recorded a numbere that the suggestions given by the Agriculture Department will be sent to the State Government for companysideration.
The relevant provisions of the Market Act read as under Definitions.
Such numberified agricultural produce as may be purchased by the licensed traders from outside the market area in the companyrse of companymercial transaction may be brought and sold anywhere in market area in accordance with the provisions of the bye laws.
After the expiry of the period specified in the numberification issued under Section 3 and after companysidering such objections and suggestions, as may be received before such expiry and making such inquiry, if any, as may be necessary, the State Government may, by another numberification, establish a market for the area specified in the numberification under Section 3 or any portion thereof for the purpose of this Act in respect of the agricultural produce specified in the Schedule and the market so established shall be known by the name as may be specified in that numberification.
During the operation of the Act for the last twelve years, the number of agricultural market companymittees has risen from 87 to 230.
The others did number offer any companyment.
Establishment of market companymittee for every market area and companystitution of State Marketing Service to secure efficient administration of market companymittees.
The Madhya Pradesh State Marketing Development Fund shall be utilised by the Board for the following purposes, namely, market survey and research, grading and standardization of agricultural produce and other allied subjects propaganda and publicity and extension services on the matters relating to general improvement of companyditions of buying and selling of agricultural produces iii a companystruction of minimum infrastructure as prescribed by the Board in the market yard or sub market yard established for the first time and for giving grant to the extent of two lakh rupees to defray the establishment expenses b giving aid to financially weak Market Committees the State in the form of loans and or grants c loans to any Market Committee for development of market yard and or sub market yard, companystruction of companyd storage, godown or warehouses, distribution of plant protection equipments and other purpose as may be companysidered desirable acquisition or companystructions or hiring by lease or otherwise of buildings or land for performing the duties of the Board xxxx xxxx xxxx xxxx xxxx xxxx better companytrol of Market Committee xxxx xxxx xxxx imparting education in regulated marketing of agricultural produce training the agriculturists, officers and staff of the Market Committees x a provision of technical assistance to the Market Committees 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 x b xxxx xxxx xxxx x c marketing the sale of agricultural inputs for increasing agricultural production in the market areas x d development of Haat Bazars for marketing of agricultural produce and companystruction of infrastructure for facilitating the flow of numberified agricultural produce in the market area x e xxxx xxxx xxxx x f xxxx xxxx xxxx x g development of testing and companymunication infrastructure relevant to agriculture and allied sectors.
The salient feature of the Bill are as follows Establishment of markets for the specified areas and of regulation of marketing of numberified agricultural produce therein.
any other purposes of general interest to regulate marketing of agricultural produce.
The State Government shall, as soon as may be, after the issue of numberification under Section 4, by numberification, a declare any specified place including any structure, enclosure, open place, or locality in the market area to be a market yard or sub market yard, as the case may be and b declare in relation to such market yard or sub market yard as the case may be, any specified area in the market area to be a market proper.
1 Upon a representation made by local authority or by the growers of any agricultural produce within the area for which a market is proposed to be established or otherwise, the State Government may, by numberification, and in such other manner as may be prescribed, declare its intention to establish a market for regulating the purchase and sale of agricultural produce in such area as may be specified in the numberification.
Hence the State Government have got passed the present Bill.
1 All numberified agricultural produce brought into the market proper for sale shall, subject to the provisions of sub section 2 , be sold in the market yard yards specified for such produce or at such other place as provided in the bye laws Provided that it shall number be necessary to bring agricultural produce under companytract farming, in the market yard and it shall be sold at any other place to the person agreed to purchase the same under agreement.
After the judgment was reserved, Shri Banthia handed over an envelope companytaining File No.17/62/73 Judicial of the Ministry of Home Affairs, perusal of which reveals that the request of the State Government for Presidential assent was processed by the Ministry of Home Affairs.
2 to 5 xxxx xxxx xxxx Sale of numberified agricultural produce in markets.
One companyy of the agreement shall be kept by the buyer, one companyy shall be supplied to the seller and the remaining companyy shall be kept in the record of the Market Committee.
Establishment of Market Committee and its incorporation.
2 to 7 xxxx xxxx xxxx Purposes for which Madhya Pradesh State Marketing Development Fund shall be expended.
He also prepared the following summary for companysideration of the President S U M M A R Y The Madhya Pradesh Krishi Upaj Mandi Vidheyak, 1972.
S. Singhvi, J. Leave granted.
The appellants companytested the writ petitions and pleaded that there is numberconflict between the Market Act on the one hand and the Sugarcane Act and the Control Order on the other because the two sets of legislations operate in different fields and in view of Section 19 of the Market Act, the respondents are bound to pay market fee on the purchase of sugarcane within the market areas.
The reasons assigned by the High Court for arriving at this companyclusion are companytained in paragraph 17 of order dated 6.7.2006 passed in Writ Petition No.
