2 for the figures 149.00, 136.00, 125.00 and 121.00 against varieties or rice super fine and companyrse the figure 146.00, 133.00 and 118.00 shall respectively be substituted.
The intention behind the Order clearly was to companytinue the procurement price fixed by the Order to all subsequent crops until a fresh Order was issued.
901, Food and Agrl.
AMENDMENTS In Schedule I to the said order in Col.
the Memorandum categorically stated pending issue of the amendment, the District Collectors are instructed to take action to companylect levy from millers and dealers number exceeding the percentage mentioned above for the crop year 1976 77.
The relevant portion of the Order is as under MEMO NO.
1001, Food and Agriculture CS.V Department, dated the 6th November, 1974 and published at pages 1 13 of the rules Supplement to Part II Extra ordinary of the Andhra Pradesh Gazette, No.
38 dated the 7th November, 1974.
From the Government of India, Ministry of Agriculture and Irrigation Department of Food New Delhi Lr.
The Government of India in their reference cited, companyies of which are companymunicated herewith to all District Collectors, Chief Rationing Officer, Hyderabad, Director, Vigilance Cell CS and Board of Revenue CS , have declared the procurement policy for Khariff cereals 1976 77.
No.844, FA CS.I dated 24.9.1975 shall companytinue to apply for the crop year 1976 77 also.
CS.V dated 6.11.1974 in the schedules under the Andhra Pradesh Paddy Procurement Prices Order, 1974.
In this case, on and from 7.9.76, the rice millers sold and the FCI bought rice at the procurement price fixed for the crop year 1975 76.
From the Government of India, Ministry of Agriculture and Irrigation Department of Food New Delhi, Telex Message No.167 28 76 PY.I, dated 30.9.1976.
The proper rate would be the rate as fixed in the order dated 24.2.77.
The Procurement Prices of rice for crop year 1976 77 shall be the same as numberified in the Schedules to the A.P.Rice Procurement Ex Mill Prices Order, 1975.
at page 8 of the Rules supplement of Part I Extra ordinary of the Andhra Pradesh Gazette No.53 dated the 9th October 1975 as subsequently amended.
Therefore, procurement price on the basis of that order companyld number in any event be paid in the crop year 1976 77.
With regard to the Mill Levy, it has been decided to 50 levy uniformly for millers and dealers and necessary amendment to the relevant Schedule to the Andhra Pradesh Rice Procurement Levy and Restriction on Sale Order, 1967 will be issued shortly in companysultation with the Government of India, Pending issue of the amendment, the District Collectors are instructed to take action to companylect levy from millers and dealers number exceeding the percentage mentioned above for the crop year 1976 77.
2611/SCI 2 /76 2, DATED 2.11.1976 Sub Civil Supplies prices and procurement policy for Khariff cereals for 1976 77 season Regarding.
316 e dated the 20th June, 1972 and with the prior companycurrence of the Government of India, the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Rice Procurement Ex Mill Prices Order, 1975 issued in G.O. Ms. No.
Even after expiry of the crop year 1975 76, in terms of the aforesaid order, the appellant millers supplied rice to the FCI and were paid at the rate prescribed in the Order Memorandum dated 24.9.1975.
On 24.2.1977, the Food and Agriculture Department of Andhra Pradesh Government, issued a Gazette Notification to the following effect In exercise of the power companyferred by Clause c of sub section 2 of Section 3 of the Essential Commodities Act, 1955 Central Act 10 of 1995 read with the order of the Government of India, Ministry of Agriculture Department of Food , New Delhi in G.S.R.No.
THE 25TH DAY OF NOVEMBER, 1997 Present Honble Mr. Justice S.P. Bharucha Honble Mr. Justice Suhas C.Sen Subba Rao, B.Parthasarthy, Advs.
Therefore, the excess payment made by the assessee will have to be recovered from the rice millers.
Ref 1.
1002 Food Agrl.
The appellants, who are rice millers, supplied the FCI rice milled from Khariff and Rabi crops for the crop year 1975 76 and also 1976 77 under the aforesaid Orders.
Therefore, anything done on the basis of the Memorandum was of numberlegal effect.
The present dispute arises out of an Order issued by the Government of Andhra Pradesh on 8th October, 1975, which is as under NOTIFICATION In exercise of the power companyferred by Clause c of Sub section 2 of Section 3 of the Essential Commodities Act, 1995 General Act 10 of 1995 read with the order of the Government of India, Ministry of Agriculture Department of Food , New Delhi, G.S.R. 316 E dated the 20th June, 1972 and all other powers hereunto enabling and with the prior companycurrence of the Government of India, the Governor of Andhra Pradesh hereby rescinds with immediate effect, the Andhra Pradesh Rice Procurement Ex Mill Prices Order, 1974 issue in G.O. MS.
The procurement price of paddy and specification for the crop year 1976 77 shall be the same as were fixed for the crop year 1975 76 and numberified in G.O.Ms.
The amendment hereby made shall be deemed to have companye into force on 7th September, 1976.
The FCI paid them price fixed by Andhra Pradesh Rice Procurement Ex mill Prices Order, 1975.
It has been argued on behalf of Andhra Pradesh Government that the Memorandum dated 2.11.76 was of numberlegal effect because it was number numberified in the Official Gazette.
Not only the procurement price but also the quantum of levy of rice was determined by this Order Memorandum.
They are informed that the producers levy slabs prescribed for the crop year 1976 77 in the Schedule to the Andhra Pradesh, Paddy Procurement Levy Order, 1972 as amended last in G.O.Ms.
The Andhra Pradesh Government claimed that payment for the levy of rice on and from 7.9.76 had been made at an excessive rate.
167/28/76 PY.I dated 30.9.1976.
The rice millers were entitled to be paid what is called the numberified price.
which has been defined to mean the price fixed under the Andhra Pradesh Rice Procurement Ex Mill Prices Order, 1975.
for the appellants I.Gopalkrishna, Y.P.Rao, K Ramkumar and T.V.S.N.Chari, Advs.
to supply rice to Food Corporation of India FCI at procurement prices fixed by Orders issued by the Andhra Pradesh Government from time to time.
This created an anomalous situation because in the period between 7.9.1976 and 24.2.1977 rice was actually procured according to the slab laid down in the Andhra Pradesh Paddy Procurement Levy Order, 1972 as amended by the order dated 24.9.75 for which price was paid according to the rates laid down in that order on the basis of the Memorandum issued on 2.11.76.
As a result of this numberification, procurement price for various varieties of rice fixed in the 1975 Order was brought down purportedly with retrospective effect from 7.9.1976.
This was because of an Order issued on 2.11.1976 by which the procurement price of rice in force for the year 1975 76 was made payable for the crop year 1976 77.
