- (1.) The challenge in these appeals is to a common order of the High Court of Jharkhand by which the contention of the appellant that the exercise of power under Section 39 of the Bihar Agricultural Produce Markets Act, 1960 (for short, 'the Act') to include an item in the schedule would require a separate notification to be issued under Sections 3 and 4 of the Act, was repelled.
(2.) Section 2(a) of the Act defines 'agricultural produce' in the following terms:- "2(a) "Agricultural produce" means all produce whether processed or non-processed, manufactured or not, of Agriculture, Horticulture, Plantation, Animal Husbandry, Forest, Sericulture, Pisciculture and includes livestock or poultry as specified in the Schedule."
(3.) Section 3 requires the State Government to issue a notification expressing its intent to declare a particular area as a local/market area and particular produces as notified produces. Section 4 of the Act contemplates the issuance of notification to the above effect. Section 4-A of the Act is in the following terms:- "4-A. Sections 3 and 4 not to apply to section 39.- (1) The provisions of sections 3 and 4 shall not apply to the exercise of powers by the State Government under section 39 to amend the schedule by addition of any item of agricultural produce not specified therein. (2) The State shall not order the deletion of any item in exercise of its power under section 39 without giving an opportunity for hearing to the affected parties.";