AGRICULTURAL PRODUCE MARKET COMMITTEEYAVATMAL Vs. DIVISIONAL JONIT REGISTRARCO-OPERTIVE SOCIEITESAMRAVATI

JUDGEMENT

(1.) The principal question which falls for consideration in these two petitions is whether the power conferred under Section 43 of the Maharashtra Agricultural Produce Marketing Regulations) Act, 1963 ("the Act " for short) can be exercised to revise the decision of the Board constituted under Section 10 of the Act. Then can therefore be conveniently disposed of by common judgment.

(2.) In order to appreciate the rival contentions of the parties we may at the outset note a few provisions of the Act and the Rules made there under, namely the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967) ("the Rules" for short). The Act has been put on the Statute Book, as can be seen form its long title, to regulate marketing of agricultural and certain other produce in market areas and markets to be established therefore in the State. For this purpose the State Government has to notify the area called the market area where marketing of the agricultural produce specified by it would be rgulated under the provisions of the Act. A principal market has to be establisehed for every market area with one or more subsidary markets, if necessary. After the area is so notified, subject to certain exceptions no person can use any place in the market area for marketing of the declared agricultural produce or operate in the market area for marketing of the declared agricultural produce or operate in the market area or in any amrket there under as a Trader, Commission Agent, Broker, etc., in relation to the marketing without or otherwise thatn in conformity with the terms and conditions of a licence to be granted under Section 7 of the Act. For regulating the marketing of different kinds of agricultural produce in the same market area or any part thereof the State Government has to establish a market Committee which is a body corporate, consisting of a Chairman, Vice Chairman and other members. The Market Committee other than the Bombay Agricultural Produce Market Committee, consists of 18 members, 10 of whom are agriculturists residing in the market area. Seven of them have to be elected by members of the Managing Committee of the Agricultural Credit Societies and Multipurpose Cooperative Societies functioning in the market area and 3 are to be elected by the members of Village Panchayats functioning therein. Out of the 18 members, 3 are to be elected by traders and commission agents holding licence to operate as such in the market area. Section 29 of the Act spells out the powers and duties of the Market Committee. Sub-section (1) thereof inter alia provides that it shall be duty or a Market Committee to implement the provisions of the Act, the Rules and bye-laws made thereunder in the market area and to do such other acts as may be required in relation to superintendent, direction and control of the markets or for regulating marketing of agricultural produce in any place in the market area. Sub-section (2) there of specified certain powers and duties of the Market Committee. Clause (d) there of requires the Market Committee to "Provide for settling dispute arising out of any kind of transactions connected with the marketing of agricultural produce and all matters ancillary thereto."

(3.) If the marketing of agricultural produce is so regulated in a given area, some machinery has to be provided for settlement of disputes between buyers and sellers regarding quality, weight, payment of any agricultural produce or any matter in realation to the regulation of marketing of agricultural produce in that area. This object is achieved by enacting Sec. 10 in the Act. We may reproduce it in extenso : "10 (1) For the purpose of settling disputes between buyers and sellers, or their agents, including any disputes regarding the quality or weight or payment of any agricultural produce, or any matter in relation to the regulation of marketing of agricultural committee of that area, the Market Committee of that area shall constitute a Board. (2) The Board shall consist of such number of members, and such number of other persons possessing such qualifications and shall be constituted in such manner and conduct its business in such manner, as may be prescribed. The rules may provide for appointment of arbitrators, payment of fees by parties for the settlement of disputes, and appeal to the Board from their decision. The rules may provide for appointment of arbitrators, payment of fees by parties for the settlement of disputes, and appeal to the Board from their decision. The rules may also provide for consulting persons with technical qualifications or for laboratory analysis for ascertaining the quality of any agricultural produce, the price which may be paid therefor or any other matter relevant to the dispute, and for the payment of fees or charges for such consultation or analysis.