Bihar State Agricultural Marketing Board v. Kasturi Lal
1989-10-27
B.P.SINGH, S.B.SINHA
body1989
DigiLaw.ai
ORDER We have heard Mr. V.P. Singh, Learned counsel appearing on behalf of the -appellant at length. We have carefully perused the judgment of the Learned Single Judge of this court. We find ourselves in Complete agreement with the Learned Single Judge in his interpretation of the provisions inter alia of section 37 of the Bihar Agricultural Produce Markets Committee Act, 1960. It clearly appears that section 37 pre-supposes the existence of a duly constituted Market Committee, which is unable or not competent, due to any order or decision of a court or any other cause, to perform its duties. In the instant case, there is no duly constituted Market Committee which is prevented from discharging its duties for any such reason. It is, therefore apparent that the Board has no power in such a situation to make arrangements as contemplated by section 37 of the Act. 2. Learned counsel submitted that section 17 of the Act declares that every Market Committee shall be a body corporate having perpetual succession and a common seal. The provisions of section 17, or for that reason section 17-A do not help the case of the appellant, and we are unable to subscribe to the view that since the committee is a legal person having perpetual succession and a common seal, it can never be said that the Market Committee is not in existence in the sense that, it is not duly constituted. Section 17 must be understood to mean that the Market Committee is a legal person which can incur liabilities and hold assets in the same manner as a legal person can. From this it does not follow that there can 'never be a situation when there is no duly constituted Market Committee. 3. This appeal is accordingly dismissed.