- (1.) Cattle fairs are held for the last many decades in different parts of the territory of the State of Punjab, by local authorities and individual owners of land.The person or authority holding the cattle fair provides facilities to cattle owners for board and lodging and for stabling their cattle generally in consideration of charges including a percentage on the price realised by sale or purchase of cattle.
(2.) The Governor of Punjab with a view to control and regulate cattle fairs promulgated Ordinance No. 14 of 1967 on November 4, 1967, declaring a monopoly in the State of Punjab to hold cattle fairs and prohibiting all local authorities and individuals from holding cattle fairs "at any place in the State." This Ordinance was replaced by the Punjab Cattle Fairs (Regulation) Act 6 of 1968. By Section 3 of the Act it is provided: "(1) The right to hold a cattle fair at any place in the State of Punjab and to control, manage, and regulate such fair shall vest exclusively in the State Government and shall be exercisable by it, in accordance with the provisions of this Act and the rules made thereunder, through such persons or authorities as it may deem fit. (2) Notwithstanding anything contained in any other law or the time being in force and save as provided by sub-section (1), it shall be unlawful for any person or local authority to hold, control, manage or regulate a cattle fair at any place in the State of Punjab." The expression "cattle" is defined by Section 2 (b) as including a buffalo, camel, cow, donkey, elephant, goat, horse, mule, sheep and their young ones and such other animals as the State Government may by notification specify. By Section 4 (1) authority is vested in the State Government to appoint Fair Officers for holding, controlling, managing and regulating cattle fairs in a district. By sub-section (2) the Fair Officer is made responsible for making arrangements in respect of all matters connected with the holding of a cattle fair and its proper control, management and regulation and has also the power of - (i) defining the fair area; (ii) reservation of sites or places for latrines, urinals, baths, shops, exhibitions, shows, demonstrations, foot-baths for animals, water-supply for drinking purposes, shelters, green and dry fodder, entertainments and similar other purposes necessary in connection with the cattle fair; (iii) allotment of sites temporarily for commercial or other purposes in connection with the cattle fair, authorisation of raising of structures on such sites, and fixation of rents for such sites in the prescribed manner; (iv) arrangements for watch and ward, lighting, medical first aid, veterinary aid, sanitation, tentage and other facilities as may be necessary in connection with cattle fair; and (v) construction of temporary offices for the purpose of collecting taxes and fees imposed and levied in connection with the cattle fair. The expression "fair area" is defined in Section 2 (d) as meaning "such area within a district as may be specified by a fair officer for the purpose of holding a cattle fair". By Section 5 power is conferred upon the State Government to impose in a fair area during the continuance of a cattle fair, tolls on vehicles entering such area for business purposes and octroi duty on goods brought for sale within such area. Jurisdiction of the local authorities to levy taxes and fees in any fair area in connection with the fair is excluded by Section 6. By Section 8 it is provided that no person shall sell cattle at a cattle fair unless he has obtained a registration certificate in respect of cattle to be sold. Section 9 provides for licensing of brokers. By Section 15 the State Government is authorised to direct the Panchayat Samiti or Municipal Committee, in whose jurisdiction the fair is to be held, to deposit in the Cattle Fair Fund the prescribed amount, not exceeding one thousand rupees, to cover the initial expenses of the fair and the local authority so directed is enjoined to comply with the direction. Section 16 provides for the setting up of a Cattle Fair Fund in which all fees, rent or other sums of money. (not being tolls and taxes) received or realized under the provisions of the Act or the rules made thereunder, and all donations or grants made to the Fund by the State Government, a local authority or any other person are to be credited. By Section 18 penalties are prescribed for contravention of the provisions of sub-section (2) of Section 3. Power is conferred by Sec. 21 to make regulations to provide against the outbreak or spread of fire and for certain other matters. By Section 22 the State Government is authorised to make rules for carrying out the purposes of the Act. The Act, however, as originally enacted contained no definition of the expression "cattle fair".
(3.) Validity of the Punjab Cattle Fairs (Regulation) Act, 1967 was challenged in a group of petitions moved before the High Court of Punjab by persons interested in holding cattle fairs: Mohinder Singh Sawhney v. State of Punjab, AIR 1968 Punj 391. Before the High Court one of the contentions raised by the petitioners was that the provisions of the Act were "vague and ambiguous", and on that account the Act was ultra vires. The Court accepted that contention. The Court observed that there was a distinction between a "cattle market" and a "cattle fair" and since no definition of "cattle fair" was supplied by the Act it was left to the executive authorities to determine what a "cattle fair" was and on that account "the infirmity went to the root of the matter, and the Act was liable to be struck down in its entirety on the ground of vagueness, even if some of its provisions were unexceptionable in themselves".;