LexCHHANGANLAL MANSUKHLAL & ANR. versus K. K. BHATT & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
761
CHHANGANLAL MANSUKHLAL & ANR.
A
v.
K. K. BHATT & ANR.
February 5, 1981
[A. D. KOSHAL, V. BALAKRISHNA ERADI AND R. B. MISRA, JJ.)
B
Guiarat Agricultural Produce Markets Rules 1965-Rules 48 and 49-
.Scope of.
The parties are agreed that the provisions of Rule 49 are not attracted and
no fee1 are payable under it at the stage of entry into a market area if the
agricultural produce in question is covered by sub-rule(2) of Rule 48, i.e.,
when inch produce fulfils either of the following conditions :-
(i) It is brought from outside the market area thereinto for use therein
by the industrial concerns situated therein or for export and
in
respect thereof a declaration has been made and a certificate has been
obtained in Form V.
(ii) The sale or purchase of such produce comes within the purview of
sub-section (3) of section 6 of the
Gujarat Agricultural Produce
Markets Act.
Th.it interpretation of Rules 48 and 49 which flows directly from the language
employed therein is correct. Rule 49 will have no a,pplication to any case which
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falls within the ambit of sub-rule (2) of Rule 48. [763 D-E]
E
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1967 of 1975.
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. 766/71.
F
Soli !. Sorabji, Vimal Dave, Subhash Parikh and Gopal Subharii-
maniyan for the Appellants.
S. H. Sheth, M. V. Go,rwami, Ambrish
Kumar
and
Mukesh
-Goswami for Respondent No. 1.
!. L. Nain, M. N. Shroff and S. C. Patel for Respondent No. 2.
The Judgment of the Court was delivered by
KosHAL, J.-Rule 49 of the Gujarat Agricultural Produce Mar-
keti Rules, 1965, the vires and the reasonableness of
which have
G
been the main points of challenge in this appeal, runs thus :
H
"49. ( 1) The fees on agricultural produce shall be pay-
able as soon as it is brought into
the principal market
A
B
c
D
G
H
762
SUPREME COURT REPORTS
(1981] 2 5.C.R.
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-
{i) on production of sufficient proof that such pr6duce
was not sold within the limits of the market area; or
(ii) if such produce is brought from outside the market
area into the market area for use therein by the industrial
concerns situated in the market area or for export and in
respect of which a declaration has been made and a certi-
ficate has been obtained in Form V subject to the proviso
to sub-rule (2) of rule 48.
(2) The licence f~es payable under rule 56 or 57 shall
be paid alongwith the application for licence but in case the
market committee refuses the grant or renewal of a licence
the fees recovered shall. be refunded to the applicant."
In order to interpret this Rule it is also necessary to set ont the
provisions of Rule 48. They are : ·
"48. ( 1) The market committee shall levy and collect
fees on agricultural produce bought or sold in the llllliket
area at such rate as may be specified in the byelaws sub-
ject to the following minima and maxima viz.
(1) rates when levied ad valorem shall not be less than
10 paise and shall not exceed 40 paise per hundred rupees.
( 2) rates when levied in respect of cattle, sheep
or
goat shall not be less than 10 paise per animal and shall
not exceed Rs. 2 per animal.
Explanation :-For the purposes of this rule a sale of
agricultural produce shall be deemed to have taken place in
a market area if it has been weighed or measured or sur-
veyed or delivered in case of cattle in the market area far
the purpose of sale, notwithstanding the fact that the pro-
perty in the agricultural produce has by reason of such
sale passed to a person in a place outside the market area.
( 2) No fees shall be levied on
agricultural
produce
brought from outside the market area into the market area
for use therein by the industrial concerns situated in the
market area or for export and in respect of which declara-
tion has been made and a certificate has been
obtained
in Form V:
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i ' ;,
. iJ.
CHHANGANLAL v. K. K. BHATT (Koshal, !.)
Provided that if such agricultural produce brought in-
to the market area for export is not exported or removed
therefrom before the expiry of twenty days from the date
on which it was so brought, the market committee shall
levy and collect fees on such agricultural produce from
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