SHIVCHARAN SINGH MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in the two writ petitions Nos. 6275 of 1974 and 5916 of 1974, seek a common pronouncement from this Court to the effect that the amendments sought to be effected to the existing definition of 'incidental charges' and 'market charges' in the Punjab Agricultural Produce Markets (General) Rules, 1962, (hereinafter referred to as the Market Rules) by notification Exhibit P-l dated 3rd May, 1974, are invalid being ultra vires the powers of the rule-making authority, that is, the Government.

(2.) The existing rule prior to the impugned amendment, incorporating the definition of 'incidental charges' and 'market charges' is Rule 2, Clauses (8) and (11) respectively of the Market Rules and these clauses read as under:-"( 8) "Incidental charges" means the charges payable in lieu of the services rendered in connection with the handling of agricultural produce prior to the finalisation of the bid at the auction, such as unloading, cleaning and dressing charges and shall also include remunerations for weighing of the agricultural produce after finalisation of the bid at the auction."

(3.) A reading of the aforesaid two clauses would show that the items of charges grouped in the category of 'incidental charges' were made payable to various functionaries by the seller and the charges that fell under the category of market charges were required to be paid to the various functionaries by the buyer and the only amendment effected in the aforesaid rule by the impugned notification is that the weighing charges of the agricultural produce after finalisation of the bid at the auction were taken out from the package of 'incidental charges' and were added to that of the 'market charges'. In other words, weighing charges which earlier was the responsibility of seller to pay was now sought to be mada that of the buyer.