U. C. Srivastava, J. - (1.) The Division Benches of this Court opined that Division Bench decision in M/s Hiralal Ayodhya Prasad and others v. State of U.P.,( 1985 U. P. Local Bodies and Educational Cases page 705) holding that Gur lauta and raskat is neither a scheduled agricultural produce nor a processed form thereof for the purposes of Krishi Utpadan Mandi Adhiniyam, be considered by Full Bench of this Court in view of the fact that the definition of 'molasses' which is used for preparation of these articles and certain other matters were not considered by the said Division Bench, hence this reference.
(2.) Before entering into this question, it will be relevant to make a reference to some of the provisions of the U. P. Krishi Utpadan Mandi Adhiniyam (for short Adhiniyam or Act). The said Adhiniyam or Act was enacted for regulating sale and purchase of agricultural produce for the establishment, superintendence and control of markets thereof. For regulating sale and purchase of agricultural produce market areas have been notified as such where after restriction in setting up, establishing and continuing any place for sale and purchase except under and in. accordance with licence granted by Mandi Samiti and conditions therein comes into existence. Under Section 17 of the Adhiniyam 'Mandi Samiti' which are also creation of statute are empowered to bring and collect fee from specified agricultural produce defined in the Act and specified in the schedule in the market area. Declaration of market area is made under Section 6 of the Adhiniyam while Section 8 provides for alteration of market areas and modification of the list of agricultural produce which is to be notified. Section 4-A which was added in the year 1970 confers power on the State Government to amend the schedule.
(3.) 'Agricultural produce' has been defined in Section 2 (a) of the Act. It reads as under : "2(a) 'agricultural produce' means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandary, or forest as are specified in the Schedule and includes admixture of two or more of such items, and also includes any such item in processed form, and further includes, gur, rab, shakkar khandasari and jaggery.';