HEMANT GUPTA, J. - (1.) THE primary challenge in the present writ petition is to the demand raised on 26.7.1993 vide Annexure P.8 for the period 1.4.1989 to 10.12.1991, claiming a sum of Rs. 5,26,489.87 towards the market fee in terms of the provisions of Punjab State Agricultural Markets Act, 1961 (hereinafter referred to as 'the Act').
(2.) IT is the case of the petitioner that it is involved in manufacture/production of various kinds of seeds in particular that of cereals, pulses, oil seeds etc. The entire process of manufacture and production of seeds is governed and monitored under the Seeds Act, 1966 and the Rules framed thereunder. The grievance of the petitioner is that the respondent Market Committee has found that market fee is payable by the petitioner although the petitioner is not dealing in foodgrains or agricultural produce and is only dealing in seeds as defined in the Seeds Act. Such seeds do not fall within the definition of agricultural produce within the meaning of Section 2(a) of the Act. It is the case of the petitioner that the distinction between seeds and grain is vital. The seed strictly speaking is an embryo and a living organism created in the supporting or food storage tissue. All the scientific research in farming would be of little use unless a farmer gets a seed, which is genetically pure possessing high germination percentage and vigour, high purity sound health etc. Only seeds with assured quality can be expected to respond to fertilizer and other inputs in an expected manner. Reference was made to the provisions of the process of certification under the Seeds Act.
(3.) THE petitioner has also detailed the procedure of certification starting from producing seeds when the foundation seed is supplied to the farmers, who are registered with the petitioner. The details of land are identified in which foundation seed is to be sown for the seed crop. Such foundation seed is not normally available in the market for producing agricultural produce. The farmers are given instructions for the purpose of relevant stages of the crop i.e. land requirements, isolation of field where the foundation seed is to be sown i.e. field should be separate from other fields having the same crop. The field inspection is conducted by the Officers appointed under the Seeds Act at the various stages of the crop. The general seed certification standards specifically lay down the phases of seeds certification, field inspections, to verify conformity to the prescribed field standards, established source of seed, supervision at post-harvest stage, processing and packing, seed sampling and analysis including genetic purity test, seed health test etc. Harvesting, thrashing and transport is also governed under the Seeds Act.;