THE SECRETARY MARKET COMMITTEE Vs. ROOP LAL RATTAN CHAND
LAWS(HPH)-1997-4-30
HIGH COURT OF HIMACHAL PRADESH
Decided on April 23,1997

THE SECRETARY MARKET COMMITTEE Appellant
VERSUS
ROOP LAL RATTAN CHAND Respondents


Referred Judgements :-

1. KHUSHI RAM V. STATE OF H.P. AND ORS. [REFERRED TO]
2. STATE OF H.P. V. NARINDER KUMAR AND ORS. [REFERRED TO]
3. BHAGWAN DAN SOOD V. STATE OF H.P. AND ORS. [REFERRED TO]


JUDGEMENT

KAMLESH SHARMA,J. - (1.)These appeals (Cr. Appeals No.392/93, 57/94, 58/94 69/94,71/94 and 119/94) are being disposed of by a common judgment as each of these arise out of the impugned judgments of acquittal under Section 32 of the H.P. Agricultural Produce Markets Act. 1969 (herein -after referred to as the Act) on the ground, inter -alia, that notification under Sections 3(19) and 4(1) of the Act notifying District Hamirpur as market area was not published as provided under Rule 5 of the H.P. Agricultural Produce Market Rules, 1971 (herein -after referred to as the Rules). The appellant -Secretary Market Committee, Hamirpur is aggrieved by the impugned judgments of acquittal and has filed these appeals to point out that sub Section (4) of Section 4 was not kept in view while passing the impugned judgments which clearly shows that the mode of publication prescribed under Rule S of the Rules is only directory and if the notifications under Sections 3 and 4 of the Act are not proved to be published in accordance with the said mode it does not make the notifications nonest if these are in fact published in the Official Gazette of which the Courts should take judicial notice.
(2.)In order to appreciate the grievances of the appellants reference to sub Section (19) of Section 3 and sub Sections (1), (3) and (4) of Section 4 and Section 32 of the Act as well as Rule S of the Rules is necessary. Sub Section (19) of Section 3 procides that Himachal Pradesh Marketing Board with the prior approval of the State Government may issue notification declaring its intention to exercise control over the purchase, sale, storage and processing of any agricultural produce in any area and invite objections or suggestions within a period specified therein which will not be less than one month. Under sub Section (1) of Section 4 on the expiry of period specified in the notification under sub Section (19) of Section 3 and after considering the objections and suggestions received, the Board may issue further notification in the manner prescribed declaring the areaor any portion thereof as notified market area for the purpose of the Act in respect of the agricultural produce or any part thereof notified under Section 3. Further under sub Section (3) of Section 4 after the notification under sub Section (1), of Section 4 comes into force, no person, unless exempted by rules framed under this Act, shall, either for himself or on behalf of another person, or of the Government within the notified market area, set up, establish or continue or allow to be set up, established or continued any place for the purchase, sale, storage and processing of notified agricultural produce within notified market area except under a licence granted in accordance with the provisions of the Act, the Rules and bye -laws made there under and the conditions specified in the licence granted in accordance with the provisions of the Act, the Rules and bye -laws made there under and the conditions specified in the licence. It is further clarified by proviso to sub Section (3) of Section 4 that producer who sells himself or through a bonafide agent, not being a commission agent, his own agricultural produce or the agricultural produce of his tenants or a person who purchases any agricultural produce for his private use does not require a licence. Sub Section (4) of Section 4 is material for the purpose of the controversy raised in these appeals and it provides: - "(4) For the removal of doubts, it is hereby declared that a notification published in the Official Gazette under this Section or Section 3 shall have full force and effect notwithstanding any omission to publish or any irregularity or defect in the publication of a notification under this Section or under Section 3, as the case may be."
(3.)Rule 5 of the Rules prescribes the mode of publication of copies of notification issued under sub Section (19) of Section 3 and Sec. 4 of the Act. It is > "5 (I) Copies of a notification issued under Sections 3(19) and 4 of the Art shall he published in one or more of the under mentioned modes under the orders of the Chairman of the Himachal Pradesh Marketing Board : - (1) in Hindi and if necessary in English language in all such newspapers as the Chairman may decide; (ii) the Board will give publicity among persons likely to be affected by of interested in the sale and purchase of agricultural produce in the proposed notified market area : - (a) in affixing a copy of die notification in Hindi and if necessary in English language as may be considered expedient by the Chairman of the Board in the Office of every Municipal Corporation, Municipal Committee. Small Town Committee, Notified Area Committee, Panchayat and/or any other organisation or society, if any, within whose jurisdiction the notified market area or any part thereof is situated and some conspicuous place (s) in the existing market; if any; (b) by affixing a copy of the notification in Hindi, and if necessary, in English language as may be considered appropriate by the Chairman of the Board in the principal common meeting place or any rendezvous of interest, of any, of every village in the countryside within the notified market area; and (c) by beat of drum in the villages within the notified market area. (2) The time of publication under clause 6(i)(ii)(a) (b) and (c) and the time and frequency of the drum -beating under clause (c) shall be determined by the Chairman Himachal Pradesh Marketing Board. (3) Expenses of notification. The expenses of the publication under sub -rule, (1) of the notification issued under Sections 3(19) and 4 of the Act shall be met out by the Government of Himachal Pradesh."


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