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.
They are 48.
1 The market companymittee shall levy and companylect 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 number be less than 10 paise and shall number exceed 40 paise per hundred rupees.
H. Sheth, M. V. Goswami, Ambrish Kumar and Mukesh Goswami for Respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
L. Nain, M. N. Shroff and S. C. Patel for Respondent No.
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.
766/71.
Soli J. Sorabji, Vimal Dave, Subhash Parikh and Gopal Subharamaniyan for the Appellants.
1 The fees on agricultural produce shall be payable as soon as it is brought into the principal market 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 on production of sufficient proof that such produce was number sold within the limits of the market area or if such produce is brought from outside the market area into the market area for use therein by the industrial companycerns 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.
1967 of 1975.
