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TMI Blog2015 (12) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Rules. If the licencees have failed to do so and thereby committed breaches of the conditions of the licences, the respondents have the power under Section 10(2) of the Act to cancel the licence or even to refuse to renew the same. The conduct of a party is not relevant in the interpretation of the statutory provisions. There is nothing which prevents the respondents from introducing necessary amendments, even with retrospective effect, prohibiting the grant of licences under both the categories. Mr. Bedi stated that the State of Haryana intends doing so. We obviously cannot at this stage express any opinion about the validity of a provision to which our attention has not been invited and which has not as yet come into force. - respondents directed to consider the petitioners' applications for renewal of licences. The same shall not be refused only on the ground that the petitioners already hold a licence under one of the categories - Stay granted. - Civil Writ Petition No. 5634 of 2015 (O&M) - - - Dated:- 4-12-2015 - S J Vazifdar, ACJ And Tejinder Singh Dhindsa, JJ. For the Appellant : Mr C B Goel, Adv For the Respondent : Mr J S Bedi, Adv ORDER Per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onditions contrary to the provisions of law and without authority or power to do so under such laws. As we will demonstrate these members did not have the power to impose the condition regarding the refusal to issue a second license. 6. Pursuant to the meeting a circular No.63 dated 04.03.2015 impugned in this petition was issued by the Chief Administrator of the Haryana State Agricultural Marketing Board to all the Secretaries-cum- Executive Officers of the Market Committees in the State of Haryana. The circular alleges that the Market Committees especially in the Cotton Zone had issued licences under both categories in the same name and that the same was against the rules/provisions of the Act and against the interest of the farmers. The Secretaries were directed to ensure that two licences should not be issued in the same name. The circular stated that similar instructions were issued by a letter dated 10.09.2013. The circular also directed that where a party has been issued two licences one of them ought not to be renewed after 31.03.2015. The question, therefore, is whether the provisions of law entitled the respondents to refuse an applicant two licences under categories ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) [The Chief Administrator or any other officer, authorized by him in writing in this behalf] may, on being satisfied that [the licence has been obtained through willful misrepresentation or fraud or] there has been a breach of any of the conditions specified in a licence, by an order in writing, cancel or suspend such licence and may also direct that such licence shall not be renewed for such period not exceeding five months for the first breach and not exceeding nine months for the second breach and not exceeding one year for ever subsequent breach, as may be specified in that order: Provided that the Chairman of a Committee of the area concerned may under intimation to the [The Chief Administrator or any other officer, authorized by him in writing in this behalf] suspend a licence for a period not exceeding fifteen days; Provided further that no such order shall be made without giving the licensee an opportunity to show cause why such an order should not be made. xx xx xx xx Section 43. Power to make rules.-(1) The State Government may by notification make rules for carrying out the purposes of this Act. (2) In Particular and without prejudice to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Provided that in case of licences issued, before coming into force of the Punjab Agricultural Produce Markets (General) Haryana Second Amendment Rules, 1975, the above rates of licence fee and security shall be applicable with effect from the 1st April, 1976. (3) Unless otherwise provided in the licence, each licence issued under the Act and these rules shall expire on the 31st day of March following the date of issue. (4) A separate licence shall be required by a person for setting up, establishing or continuing or allowing to be continued more than one place for the purchase, sale, storage and processing of agricultural produce in the same notified market area. (5) The Secretary of the Committee, or such other official as may be authorised by him to receive such application, shall on receipt of the application and the pass book in respect of security, ensure that the necessary licence fee and security have been deposited and shall, after verifying the correctness of the acts stated therein, forward the same to the [Chief Aministrator of the Board or any other person authorised by him, in writing, in this behalf] under registered post with acknowledgement due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he provisions of the Act, Rules and bye-laws and the conditions specified in the licence. Section 8 does not prohibit a party for applying of more than one licence. The petitioners admittedly hold licences under both the categories, namely, (i) and (ii). Neither of the licences issued to the petitioners contain a condition prohibiting them from applying for another licence. 10. Section 2(m) defines the word 'prescribed' to mean prescribed by the rules made under this Act. Section 43(2)(viii) confers power upon the State Government to make rules inter-alia for the issue by a Committee of licences in the form in which and the conditions under which, such licences shall be issued or renewed. Admittedly, this rule making power has not been exercised by the State Government to restrict issue of licences to only one licence per person or to insist upon the licence being issued in different names. Our attention has not been invited to any statutory provision that prohibits the issuance of two licences or which insists upon two licences being issued in different names. 11. Infact, Rule 17 clearly contemplates the issuance of more than one licence. For instance, sub rule (4) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rce that when the licences are issued under categories (i) and (ii) there is likely to be a conflict of interests. That is possible. A party who intends purchasing the goods may not strike the best bargain for the agriculturist from whom he purchases the same. If indeed a party acts against the interest of an agriculturist, the authorities are always entitled to either cancel the licence or to refuse to renew the same under section 10(2) of the Act. However, once it is found that the relevant statute permits a party to apply for more than one licence, the officers of the department concerned cannot issue general directions preventing them from applying for and obtaining two licences. It is for the authorities then to ensure adherence to the law. 17. Further, there is nothing which prevents the respondents from introducing necessary amendments, even with retrospective effect, prohibiting the grant of licences under both the categories. Mr. Bedi stated that the State of Haryana intends doing so. We obviously cannot at this stage express any opinion about the validity of a provision to which our attention has not been invited and which has not as yet come into force. 18. The wri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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