Gopal Singh, J. - (1.) THIS is writ petition by Hargian Singh as a producer of agricultural produce, Lakshmi Chand as a licensee under Section 10 of the Punjab Agricultural Produce Markets Act, 1961 as extended to the State of Haryana, hereinafter called 'the Act' and Mansa Ram, a weighman. The petition has been filed against the State of Haryana and others.
(2.) THE facts and the provisions of the Act relevant to the points raised in the petition are as follows: - -The object of the Act is better regulation of purchase, sale, storage and processing of agricultural produce and the establishment of markets for agricultural produce in the State of Punjab. The definition of the word, 'Committee' is given in Section 2(d). It means a market committee established and constituted under Sections 11 and 12. Under Section 6, the State Government has, by notification to declare certain areas to be to notified market areas for the purpose of this Act. Under Section 11, the State Government has by notification, to establish a market committee for every notified market area. Section 12 runs as follows: (1) A Market Committee shall consist of nine or sixteen members as the State Government may in each case determine, out of whom one may be appointed by the State Government from amongst its officials: Provided that where in a notified market area there is in existence a Co -operative Society, the Committee shall consist of ten or seventeen members as the case may be. (2) The remaining members shall be elected in the prescribed manner by the following persons provided hereunder, that is to say, - - (a) if the Committee is to consist of nine members, there shall be elected - - (i) five members from producers of the notified market area, by the Panches and Sarpanches of the Gram Panchayats situated within the notified market area; (ii) two members from persons licensed under Section 10 for the notified market area concerned, by the persons holding licenses under that Section; and (iii) one member from persons licensed under Section 13, by the persons licensed under that Section; (b) if the Committee is to consist of ten members, there shall be elected, in addition to the members specified in Sub -clauses (i), (ii) and (iii) of Clause (a), one member representing the Co -operative Societies by such Societies; (c) if the Committee is to consist of sixteen members, there shall be elected - - (i) nine members from producers of the notified market area by the Panches and Sarpanches of the Gram Panchayats situated within the notified market area; (ii) four members from persons licensed under Section 10 for the notified market area concerned, by persons licensed under that Section; and (iii) two members from persons licensed under Section 13, by persons licensed under that Section.
(3.) THE following two clauses of Sub -section (2) of Section 43 conferring powers upon the State Government to make rules for carrying out the purposes of the Act run as follows: (i) the appointment or election and mode of election, as the case may be, of members of the Board, Advisory Committees and Committees and their removal; (ii) the election of the Chairman and Vice -Chairman of Committees, their powers and terms of office.;