LAWS(SC)-1989-5-17

BUXA DOOARS TEA COMPANY LIMITED Vs. STATE OF WEST BENGAL

Decided On May 12, 1989
BUXA DOOARS TEA COMPANY LIMITED Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) By these writ petitions and transferred cases the petitioners challenge the validity of the levy of cess in respect of tea estates under the West Bengal Rural Employment and Production Act, 1976.

(2.) The West Bengal Rural Employment and Production Act, 1976 (shortly referred to as the "West Bengal Act") is intended to provide the additional resources for the promotion of employment in rural areas and for implementing rural production programmes. The additional resources are sought to be raised from two sources, a surcharge on land revenue under S. 3 of the Act and a rural employment cess under S. 4 of the Act. We are concerned here with the levy of the rural employment cess.

(3.) Originally S. 4 of the West Bengal Act provided as follows: