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TMI Blog1968 (3) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... entical. 2. In Civil Writ No. 2762 of 1967 (Lachhman Singh v. State of Punjab and others) the admitting Bench on 7th of December, 1967, directed an early hearing of this petition as well as the others by a Division Bench and this is how these matters have been placed before this Bench for disposal. 3. In all the five cases before us, the petitioners have contended that they have been carrying on the business of sale and purchase of cattle in markets organised by them for this purpose. In each case the petitioners have taken lands on lease from the municipalities or other local authorities for the purpose of holding these markets for the convenience of prospective buyers and sellers. The cattle markets have been organised by the petitioners in various parts of the State on specified dates and the admitting Bench permitted them to hold these despite the promulgation of the Ordinance subject to any penalties incurred under the impugned Ordinance if the validity of the Ordinance is upheld . While petition No. 2636 of 1967 has been argued by Mr. Lakhanpal, the remaining petitions, except petition No. 2762 of 1967, have been argued by Mr. Kaushal. Mr. Chawla has addressed argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hold, control, manage or regulate a cattle fair at any place in the State of Punjab. It would be manifest that in consequence of sub-section (1) of section 3 a cattle fair in the State of Punjab has to be held exclusively by the State Government and the second sub-section of section 3 makes it an offence for any person or local authority to hold, control, manage or regulate a cattle fair at any place in the State. 'Fair officers' under section 4 are to be appointed by the State Government or by the Deputy Commissioner; and under sub-section (2) they have the power of defining the fair area, making reservation of sites or places for conveniences; exhibitions, shows, demonstrations , etc., in connection with the cattle fair allotment of sites temporarily for commercial or other purposes in connection with the cattle fair , making arrangements for watch and ward, lighting; medical first-aid , etc., in connection with the cattle fair , and construction of temporary offices for the purpose of collecting taxes and fees imposed and levied in connection with the cattle fair . State Government has the power to impose taxes or duties in fair areas and local authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act as a broker without a license, subsection (3) of section 9 which says that no broker shall be entitled to claim from the seller or the purchaser or both a commission in respect of the sale or purchase of cattle at a cattle fair at a rate exceeding in the aggregate one per centum of the price of the cattle sold and sub-section (1) of section 10 which forbids a person to bring within a fair area any cattle suffering from any contagious or infectious disease or to obstruct the sale or purchase of cattle, and the punishments to be imposed for these may extend to one month's imprisonment or fine of ₹ 500/- or both. An offence punishable under sub-section (1) of section 18 has been made cognizable under section 19 and no Court can take cognizance of such an offence except on a complaint made by a fair officer or any other officer not below the rank of a gazetted officer. The offences under sub-section (2) of section 18 are compoundable. Section 21 relates to the power to make regulations, while section 22 is the rule making power. 8. It is submitted by the learned counsel for the petitioners that the sweeping provisions of the Act and the comprehensive prohibition impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... market are synonymous terms . A person wishing to sell his cattle may negotiate a deal with the buyer either directly or through an intermediary. He may do so at his own place or in a gathering of persons who have collected for that purpose in a market. Of necessity the purchase and sale of cattle has to be done in a fairly open space as the prospective buyers may like to inspect what they are going to purchase. By custom, understanding or publicity a market may be held and organised at an appointed customary or specified place and such an assembly may not constitute a fair according to the popular notion which also includes some side shows and amusements. It is also important to note that according to the popular concept of a fair it is to be held periodically. Under the provisions of the Act, cattle can only be sold or bought in a fair which may be held at the discretion and pleasure of the Government. Does it mean that sale of cattle at any other time is prohibited? It does not need to be emphasised that in some cases the sale of cattle cannot be deferred. Some cattle may have to be sold or purchased within a few hours or days. In the absence of any indication to the contrary t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Pepsu Tenancy and Agricultural Lands Rules was found to be too vague to help persons who wished to claim exemption on the ground that they were keeping sheep breeding farm, no breeds having been specifically mentioned in the rule as standard breeds. If the fair is what is so regarded in dictionaries and legal parlance, a distinction has to be made between a cattle market and a cattle fair and owing to the specific assertions made by the State Government in its return a subject cannot be left to the mercy and vagaries of the executive Government in the absence of any clear definition of 'fair. 11. This conclusion would be sufficient to decide this case but on account of the lengthy arguments addressed before us on the other submissions, brief reference may be made to these as well. 12. It has been very strenuously urged by Mr. Lakhanpal, that the ostensible object of this legislation is to create a monopoly of cattle trading in the State Government and not only individuals, but local authorities are liable to prosecution if they undertake the business of sale and purchase of cattle. The counsel has invited our attention to Clause (1) of Article 20 of the Constitution w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess, industry or service whether to the exclusion complete or partial, of citizens or otherwise would put the seal of validity on the prohibition for the individuals to carry on private cattle trading if a clear intention could be spelled out from the impugned Act. Clause (5) of Article 19, however, imposes an obligation on legislation which deprives a person of his right embodied in sub-clause (f) to satisfy the test of reasonableness; this provision being to this effect:-- 19(5) Nothing in sub-clauses (d), (e), (f)................ shall affect the operation of any existing law in so far as it imposes or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. Mr. Kaushal has cited the Supreme Court decision in Ganpati Singh Ji v. State of Ajmer and another A.I.R. 1955 S.C. 188, for the proposition that the right to hold fair on one's own land is a fundamental right under Article 19(1)(f) which can only be restricted in the manner permitted by sub-clause (5). It is, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asi Padhan v. State of Orissa and others A.I.R. 1963 S.C. 1047. In paragraph 17 at page 1054 Chief Justice Gajendragadkar said as follows:-- In dealing with the question about the precise denotation of the clause 'a law relating to', it is necessary to bear in mind that this clause occurs in Article 19(6) which is, in a sense, an exception to the main provision of Article 19(1) (g). Laws protected by Article 19(6) are regarded as valid even though they impinge upon the fundamental right guaranteed under Article 19(1)(g). That is the effect of the scheme contained in Article 19(1) read with clauses (2) to (6) of the said Article......... 'A law relating to' a State monopoly cannot, in the context, include all the provisions contained in the said law whether they have direct relation with the creation of the monopoly or not. In our opinion, the said expression should be construed to mean the law relating to the monopoly in its absolutely essential features. If a law is passed creating a State monopoly, the Court should enquire what are the provisions of the said law which are basically and essentially necessary for creating the State monopoly. It is only those es ..... X X X X Extracts X X X X X X X X Extracts X X X X
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