KRITIPAL SINGH KATHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 seeks to provide for "the regulation of marketing for agricultural produce in West Bengal". The petitioners, who are traders in agricultural produce, have raised a number of questions about the constitutional validity of the Act. Similar Questions were raised about the validity of similar legislations passed by many other states. The Supreme Court in all those cases upheld the constitutional validity of the Acts that came up for consideration before it. Most of the questions raised in this writ, petition are now concluded by the judgments of the Supreme Court. Mr. Pal, appearing on behalf of the petitioners, has drawn my attention to some special features of the West Bengal Act and I shall have to consider the implications on the special features in this case.

(2.) THE West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 hereinafter described as the Act, was passed for the purpose of providing "the regulation of marketing agricultural produce in West. Bengal and for matters connected therewith". By this Act the State'. Government has been empowered to declare any area as a market area by a gazette notification. After the publication of the notification, no local authority or other person can set up, establish or continue or allow to be set up, established or continued any place for the purpose or sale of the agricultural produce as has been specified, in the notification (Section 3 ). The State Government has been authorised to set up a principal market yard and also one or more sub-market yard or yards for a market area (Section 4 ). There shall be a Market Committee for every market area. The Committee will consist of officers of the State Government, members, of the Co-operative Society, representatives of local authorities, small growers, licensed traders and some other persons. The Market Committee has been entrusted with the duty of providing facilities in connection with the marketing of agricultural produce (Section 12 ). It has to maintain and manage the principal market yard including sub-market yards and to regulate the marketing of the agricultural produce in the market area. It has to keep sets of standard weights and standard measures in the principal market yard and sub market yards. It has to collect and furnish statistics and informations relating to the marketing of agricultural produce, publish and disseminate marketing information, settle disputes between buyers and sellers of agricultural produce, to promote grading and standardisation of agricultural produce. It has also to inspect and verify scale, weights and measures in use in a market area and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed.

(3.) IT has also been laid down under section 13 of the Act that after six months from the declaration of any area as a marker area, no person shall within the market area carry on business or act as a trader or sale or purchase agricultural produce or engage in processing and preservation of agricultural produce without a licence. By section 17 of the Market Committee has also been authorised. to levy fees on agricultural produce sold in the market area at a rate which shall not be more than Rs. 2/- perrs. 100/ of the amount for which the agricultural produce is sold. There are provisions about how the Market Committee Fund is to be collected and the mode of application of the fund. It may be noted that the fund has to be used inter alia for maintenance and improvement of market and also providing many other facilities for marketing of goods, such as shelter and water, construction and repair of approach roads, culverts, bridges, fostering co-operative marketing and assisting co-operative marketing societies for profitable disposal of the produce belonging to small and marginal farmers. There are many other objects for which the Market Committee Fund can be utilised with which are set out in Section 36g (3 ).