ISHAR SINGH Vs. MARKET COMMITTEE, TARN TARAN
HIGH COURT OF PUNJAB AND HARYANA
MARKET COMMITTEE, TARN TARAN
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(1.) This appeal raises the question whether it is within the competence of a market committee to direct that a transaction for sale and purchase of agricultural produce shall be made only within the limits of a market as defined in the Punjab Agricultural Produce Markets Act, 1939 .
(2.) In the year 1947 the Market Area Committee of Tarn Taran framed a set of bye-laws in exercise of the powers conferred upon it by the Punjab Agricultural Produce Markets Act of 1939. In the year 1947 it added a new bye-law which was in the following terms :-
"9-A. Sale of agricultural produce by open auction. - No transaction involving the sale or purchase of a agricultural produce to which these bye-laws apply, shall be made otherwise than open auction. Such auctions shall be held, during such business hours, as may from time to time be fixed by the Chairman of the Committee. The Chairman shall prepare and notify in such a manner as he may consider necessary a roster prescribing the order in which auction sales shall be held at different places in the market, and these sales shall be conducted in that order by the auctioneer appointed for this purpose under rule 28 of the Punjab Agricultural Produce Markets Rules, 1940 . Any contravention of this bye-law shall be punishable with a fine which may extend to Rs. 50/".
(3.) In the year 1955 the Market Committee of Tarn Taran discovered that owing to heavy damage which had been caused to the cotton crop big press holder factories had joined hands in a sort of a pool and had enhanced pressing charges from Rs. 7/8/- per bale to Rs. 12/- per bale. They had formed a sort of a union which was controlling the rates of the commodity and the interests of the growers were being adversely affected in consequence. On the 1st November, 1955 the Committee passed a resolution that in future the sales of cotton should be restricted under bye-law No 9-A to the market alone so that competition should be promoted and the growers should be able to obtain the maximum prices for their produce. The factory-owners were prohibited from making purchases at their own premises and exploiting the producers.;
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