On March 22, 1976, all sugar mills were exempted from the provisions of 15 of the Markets Act.
vii The Bihar State Agricultural Marketing Board filed Special Leave Petition No.
By the said Amending Act, Section 4A and 4B were inserted in the Markets Act.
The sale and purchase of such agricultural produce in such area numberwithstanding anything companytained in any law be made by means of open auction or tender system except in case of such class or description of produce as may be exempted by the Board.
8 of 1988 by substituting the word at the rate of rupee one.
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 tow months to be specified in the numberification, shall be companysidered by the State Government.
were deleted from the Schedule under the Act.
25/92 was repealed on February 3, 1993 and in its place the Bihar Agricultural produce Markets Amendment Act, 1993 was enacted.
ix By Notification numberGSR 40 dated November 30 , 1992 sub rule iii of Rule 68 of the framed under the Markets Act was inserted by which every market companymittee was required to transfer 20 of the total receipt to the State Fund.
the State Government may by numberification.
iv Till July 23, 1976, four numberifications were issued under Section 39 of the Markets Act by which various items like rice bran, milk only liquid milk etc.
Such Writ Petitions were disposed of by a companymon judgment dated March 30, 1992.
viii On May 23, 1992, Memo No.
On October 13, 1992, an Ordinance, known as Bihar Agricultural produce Markets Second Amendment Ordinance 1992, was promulgated.
Even if Section 24 of the Bihar General Clauses Act is treated as applicable, it will have the effect of adding sugar in the Schedule but without a proper numberification under Sections 3 and 4 of the Markets Act, the regulatory provisions for fee were number applicable merely because sugar was added in the Schedule.
16 of 1960 came into force and at the time of enforcement of the said Act, sugar was one of the scheduled items in respect of which the provisions of the Markets Act were made applicable.
xi The market Committees issued numberice to the sugar Mills in view of the amendment of the Act incorporating Sections 4A and 4B. It will be appropriate at this stage to refer to Sections 3, 4 4A, 4B 15 33M and 39 the Markets Act Notification of intention of exercising companytrol over purchase, sale, storage and processing of agricultural produce in specified area 1 Notwithstanding anything to the companytrary companytained in any other Act for the time being in force, the State Government may, by numberification, declare its intention of regulating the purchase, Sale, Storage and processing of such Agricultural produce and in such area, as may be specified in the numberification.
vi The Notification dated May 21, 1977 issued under Section 39 of the Markets Act cancelling the earlier numberification dated May 2, 1977 by which sugar was deleted from the Schedule under the Markets Act was challenged in a series of Writ Petitions filed before the Patna High Court.
9529/92 before this Court impugning the said judgment passed by the High Court.
Declaration of market area, After the expiry of the period specified in the numberification issued under Section 3 and after companysidering such objection and suggestions as may be received before such expiry and after holding such enquiry as it may companysider necessary.
Such special leave petition was admitted but numberstay order was granted by this Court.
Section 27 of the Markets Act was amended by Bihar Ordinance No.
33 M. Every Market companymittee shall out of its fund companytribute to the State Government Fund such percentage of its income derived from licence fees and market fees as may be prescribed by Rules form time to time by the State Government.
iii On May 21, 1977, by another Notification bearing No.
9092/94, 9093/94, 9094/94, 9095/94, 7437/94, 7438/94, 7439/94, 7433/94, 7434/94, 7436/94, 8570/94, 9171/94, 9172/94, 9173/94, 9174/94, 1332/95, 1333/95, 6310 6322/95 and S.L.P. No.
W I T H Civil Appeals Nos.
Agricultural Produce Market Committee and others AIR 1993 Patna 43 .
3027 dated may 12, 1992 issued under Section 39 of the Markets Act adding sugar to the Schedule under the Markets Act, was published in the Bihar Extraordinary Gazette.
J U D G M E N T N. Ray, J. These appeals and the special leave petition involve companymon question of law and they arise out of the companymon judgment dated January 20, 1994, passed by the Division Bench of the Patna High Court.
Number of appeals have been preferred by the assessees against the decisions of Karnataka and Madras High Courts, while a number of other assessees have approached directly by way of petitions under Article 32 of the Constitution of India, raising identical questions.
This Ordinance elapsed subsequently.
9466/92.
By the impugned judgment, the Division Bench of the Patna High Court allowed in part the writ petitions filed by several sugar mills of Bihar challenging the validity of Section 4A and 4B inserted by the Bihar Agricultural Produce Markets Amendment Act, 1993, Section 33M as inserted by the BIhar Agricultural Produce Markets Amendment Act, 1992 numberification dated August 31, 1992 issued under Section 4 of the Bihar Agricultural Produce Markets Act, 1960 hereinafter referred to as the Markets Act , and also challenging the validity of imposition of market fee under the Markets Act in view of exemption of all the sugar mills in Bihar from the provision of Section 15 of the Markets Act under numberification dated March 22, 1976.
For the purpose of appreciating the rival companytentions of the parties, the following facts need by numbered On August 6, 1960, the Markets Act, 1960 Act No.
