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Gujarat High Court · body

2002 DIGILAW 486 (GUJ)

AGRICULTURAL PRODUCE MARKET COMMITTEE v. STATE

2002-07-03

J.N.PATEL

body2002
JAYANT PATEL, J. ( 1 ) ). WITH the consent of the parties, the matter is taken up for final hearing. ( 2 ) ). THE present petition is preferred by the petitioner against the order dtd. 14. 5. 2001 (Annex. "a"), and the order dtd. 22. 10. 1999, (Annex. "d"), and the order dtd. 10. 9. 1999 (Annex. "b"), whereby it is communicated to the petitioner Market Committee that the decision of the Sub-Committee may be placed for approval before the General Board of the Market Committee. ( 3 ) ). MR. Jhaveri for the petitioner submitted that the Sub-Committee has given all the powers of the General Board, and contended that under Sec. 25 (2) of the Gujarat Agricultural Produce Markets Act, 1963, (Hereinafter referred to as the Act), once the Market Committee has delegated the powers to the Sub-Committee, the Sub-Committee enjoys all powers on behalf of the Market Committee and thereafter any decision, taken by the Sub-Committee is only to be taken note of and they are not required to be placed for the purpose of approval. ( 4 ) ). MR. Jhaveri wanted to convey that, when any decision is taken by the Sub-Committee, the members of the Sub-Committee are responsible and not the General Board. Therefore, he submitted that, once the committee has exercised the powers, what is required is to take note of the proceedings of the Sub-Committee and they are not required to be placed before the General Board for the purpose of approval. However, Mr. Jhaveri also submitted that, the Market Committee has no objection in placing proceedings of the Sub-Committee for the purpose of approval. ( 5 ) ). ON behalf of the authority, Ms. Davni, Ld. AGP, submitted that, what is conveyed by the Director is that all the actions and proceedings of the Market Committee must be recorded as per Rule 36 read with By-Laws 12. By laws 12, itself provides that, the proceedings of meeting of the Market Committee, shall be read in the next meeting of the Market Committee for the purpose of approval and therefore, the Director of Agricultural Marketing and Rural Financing has given instruction to act as per the said by-laws No. 12, read with Rule 36. Therefore, she submitted that, the order cannot be said to be illegal in any manner. ( 6 ) ). Therefore, she submitted that, the order cannot be said to be illegal in any manner. ( 6 ) ). CONSIDERING the above, I am of the view that, any Sub-Committee constituted by the Market Committee is by in-built mechanism is under the control of the General Board of the Market Committee and therefore, any proceedings or action taken by the Sub-Committee are subject to the supervision of the General Board. Therefore, all proceedings of the Sub-Committee or any action of the Sub-Committee, as a necessary consequence, are required to be placed before the General Board for the purpose of approval. What is stated in the order is same and is conveyed by the Director, in as much as the proceedings, of the Sub-Committee shall be placed before the General Board and matter will be considered for the purpose of approval or otherwise. ( 7 ) ). MR. Jhaveri for the petitioner submitted that, the by-laws 12 would not be apply to the facts of the present case. I cannot agree with the submission of Mr. Jhaveri. By-laws No. 12 provides that, in the meeting, proceedings of the earlier meeting shall be placed for the purpose of approval. When at any General Boards meeting, proceedings of earlier meetings are placed, it cannot be said that, such proceedings are not required to be considered for approval, may be of sub-committee and it cannot also be said that the said by-laws cannot be applied to the proceedings of sub-committee, when it is placed before General Board. ( 8 ) ). SINCE on behalf of the Market Committee it has also been submitted that there is no objection in placing the proceedings of the Sub-Committee for the purpose of approval before the General board. I am of the view that, nothing survive in this matter. ( 9 ) ). HENCE, subject to the aforesaid observation, the petition is disposed of accordingly. .