Decided on February 10,2016

Plywood Association Appellant
State Of Jharkhand And Ors. Respondents


- (1.) We have heard Mr. Devashish Bharuka, learned counsel appearing for the appellant, Mr. Ashok Grover, learned Senior counsel appearing for the respondents and Mr. Tapesh Kumar Singh, learned counsel appearing for the State of Jharkhand.
(2.) Leave granted
(3.) These appeals raise the question; whether it is necessary for the State Government to issue a Notification under Sections 3 and 4 of the Bihar Agricultural Produce Markets Act, 1960 in respect of a particular agricultural produce in order to bring such produce within the regulatory mechanism of the Act including the levy of market fee thereon in respect of transactions of produce and sale of the said agricultural produce within the market yard. Sections 3 and 4 read as follows: [1] [1] [3. Notification of intention of exercising control over purchase, sale, storage and processing of agricultural produce in specified area. - (1) Notwithstanding anything to the contrary contained in any other Act for the time being in force, the State Government may, by notification, 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 notification. (2) A notification under sub-section (1) shall state that any objection or suggestion which may be received by the State Government within a period of not less than two months to be specified in the notification, shall be considered by the State Government. [4] Declaration of market area. - (1) After the expiry of the period specified in the notification issued under section 3 and after considering such objection and suggestions as may be received before such expiry and after holding such enquiry as it may consider necessary, the State Government may by notification, declare the area specified in the notification under section 3 or any portion thereof to be a market area for the purposes of this Act, in respect of all or any of the kinds of agricultural produce specified in the notification under section 3. (2) On and after the date of publication of the notification under sub-section (1), or such later date as may be prescribed therein, no municipality or other local authority, or other person, notwithstanding anything contained in any law for the time being in force, shall within the market area, or within a distance thereof to be notified in the official Gazette in this behalf set up, establish, or continue, or allow to be set up, establish or continued, any place for the purchase, sale, stores or processing of any agricultural produce so notified, except in accordance with the provisions of this Act, the rules and bye-laws. Explanation. - A municipality or other local authority or any person shall not be deemed to set up, establish or continue or allow to be set up, established or continued a place as a place for the purchase, sale, storage or processing of agricultural produce within the meaning of this section, if the quantity is as may be prescribed and the seller is himself the produce of the agricultural produce offered for sale at such place or any person employed by such producer to transport the same and the buyer is a person who purchases such produce for his own use or if the agricultural produce is sold by retail sale to a person who purchases such produce for his own use. (3) Subject to the provisions of section 3, the State Government may at any time by notification exclude from a market area any area or any agricultural produce specified therein or include in any market area or agricultural produce included in a notification issued under sub-section (1) (4) Nothing in this Act shall apply to a trader whose daily or annual turnover does not exceed such amount as may be prescribed.];

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