Full Judgment Text
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CASE NO.:
Appeal (civil) 6301 of 2001
PETITIONER:
Krishi Utpadan Mandi Samiti & Ors.
RESPONDENT:
Pilibhit Pantnagar Beej Ltd. & Anr. (s)
DATE OF JUDGMENT: 28/11/2003
BENCH:
CJI. & Dr. AR. Lakshmanan.
JUDGMENT:
J U D G M E N T
Dr. AR. Lakshmanan, J.
The unsuccessful respondents 2,3 and 4 before the High Court of Allahabad are
the appellants in this appeal. The writ petition was filed by the first respondent herein t
o
quash the order dated 12.03.1999 (Annexure 17 to the writ petition) and for mandamus
restraining the appellants herein from interfering in the business in certified seeds either
before or after processing and further in restraining the appellants from demanding and
realising market fee on the transaction of unprocessed or processed certified seeds.
A Division Bench of the Allahabad High Court allowed the writ petition following
the decision of this Court in State of Rajasthan vs. Rajasthan Agriculture Input
Dealers Association reported in AIR 1996 SC 2179 which has also been followed by
the Division Bench of the said Court in Writ Petition No. 7262 of 1993 dated
18.12.1996. The High Court quashed the impugned order dated 12.03.1999 and also
held that the respondents in the writ petition/appellants herein cannot charge mandi fee
on the seeds in which the first respondent herein deals. Aggrieved by the judgment of
the High Court in Civil (M) No. 17877 of 1999 dated 25.08.1999, a Special Leave
Petition was filed under Article 136 of the Constitution of India. When the Special
Leave Petition came up for hearing on 06.09.2001, leave was granted by this Court and
considering the importance of the questions involved, the matter was placed before
Hon’ble the Chief Justice for referring to a larger Bench.
The facts giving rise to this appeal are stated below:-
The U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as "the
Adhiniyam") was enacted to regulate sale and purchase of agricultural produce and for
establishment, superintendence and control of market in U.P. Section 6 provides for
declaration of market area and Sections 9 and 10 prohibit business of specified
agricultural produce in such market areas without licence.
Specified Agricultural produce is defined under Section 2 (a) of the Adhiniyam,
as follows:
"2(a) ‘agricultural produce’ means such items of produce of agriculture,
horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry
or forest as are specified in the Schedule, and includes admixture of two or
more of such items, and also includes any such item in processed form, and
further includes gur, rab, shakkar, khandsari and jaggery."
The schedule appended to the Adhiniyam provides a list of agriculture produce.
Section 17(iii) of the Adhiniyam provides for imposition of market fee on the
transactions of such specified agricultural produce in the market area, on such rates
notified by the State. Wheat is specified in the Schedule at Serial No.1 under the
heading of cereals. It was submitted that wherever seeds have been intended to be
notified, it has been specifically mentioned as seeds. In case of wheat, however, it has
not been notified for seed and thus the seeds of wheat are not covered in the Schedule
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and are thus not covered by the definition of Specified Agricultural Produce.
The first respondent-company is a private limited company, engaged in
production of certified seeds since 1996-97 and holds valid registration certificate from
the District Agriculture Officer, Pilibhit under the Seeds Control Order 10983 valid upto
25.5.2000 and holds a certificate of registration from the U.P. Seeds Certification
Agency, Alam Bagh, Lucknow.
According to the first respondent, the business of the company is to purchase
‘breeder seeds’ from Agricultural Research Institute and to produce ‘certified seeds’.
The first step of production is to distribute this breeder seeds to the listed and
scheduled farmers. The breeder seeds are sown and are germinated under strict
supervision of the statutory Seeds Certification Agency, set up under the Seeds Act,
1966 (hereinafter referred to as "the Act"). The harvest is selected carefully under
supervision of the Agency. The lots which do not conform to specifications are rejected.
It was further submitted that the standardized seeds so obtained are called
‘Foundation Seeds’. These foundation seeds are thereafter again supplied to the listed
farmers variety wise with intimation to the Agency. The farmers sow these foundation
seeds which are again supervised by the Agency. This crop is again germinated under
strict supervision of the agency and once again the lots rejected are not taken back by
farmers. After harvesting the approved standardised certified seeds, these lots are
fumigated for preservation under the samples of each lot is tested in the laboratories of
Seeds Certification Agency at Alam Bagh(Lucknow), Kanpur, Rudrapur (Udham Singh
Nagar). The rejected lots and losses at processing are returned to farmers only after
the foundation seeds are certified as conforming to specifications, the lots are subjected
to treatment with insecticides (Cell phose, Quick phose) and pesticides (thiram and
barastin) at the time of packing.
It is the case of the first respondent that the bags are marked as poison and are
thereafter marketed. The entire production, operation is supervised by the Seed
Certification Agency. It was submitted that until the seeds are certified they continue to
be the property of the farmer, who agrees to such agreement on the foundation seed
distribution form. In the year 1988, the Market Committee issued notices to the
companies engaged in certified seeds. The notices were challenged and that after
contest, the High Court allowed the writ petition holding that certified seeds are not
specified agricultural produce and the notices issued by the Mandi Samiti were
quashed. The aforesaid judgment was challenged by the Mandi Samiti in Civil Appeal
Nos. 106-110 of 1990. This Court relying upon the judgment in State of Rajasthan vs.
Rajasthan Agriculrural Input Dealers Association, (supra) dismissed the civil
appeals. Based on the aforesaid judgment, all the pending writ petitions were also
decided in favour of the dealers in certified seeds. However, by notice dated
15.10.1997, the Mandi Samiti directed the Ist respondent to deposit the market fee on
seeds. The first respondent submitted a detailed reply annexing certificates issued by
the Seeds Certification Agency and the other relevant documents. The first respondent
also submitted that they are not dealing in sale and purchase of food grains or wheat
but deals only in certified seeds and that the stock stored by them were not of wheat but
by the certified seeds of wheat under the supervision of the U.P. Seeds Certification
Agency. The appellants rejected the representation of the first respondent and directed
them to pay market fee. The first respondent challenged the aforesaid order by filing
Writ Petition No.1090 of 1997. Again by Notification dated 11.8.1998, the first
respondent was required to submit information regarding sale and purchase of wheat
for the year 1997-1998. A reply was submitted protesting the demands against law laid
down by this Court. Aggrieved by the demands, the first respondent filed Writ Petition
No. 32740 of 1998 against the order dated 22.9.1998. The writ petition was disposed of
with a direction to the first respondent herein to file a fresh representation. In
pursuance of the aforesaid order, the first respondent filed a detailed representation
dated 15.2.1999. The representation was rejected by the appellants on 12.3.1999 and
a demand has been made for payment of market fee which was again challenged by
the first respondent herein by filing the present Writ Petition No. 17877 of 1999 which
was allowed by the High Court on 25.8.1999.
Against the said judgment of the High Court, the above appeal by way of special
leave petition has been filed.
The instant appeal raises the following questions of law:
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(i) What is the true scope and ambit of Section 2(a) and 17 iii (b) of the Krishi
Utpadan Mandi Samiti Adhiniyam, 1964?
(ii) Whether the market fee can be levied on the purchases of wheat by the seed
processing unit to process and convert the same into certified seed by treating it
chemically?
(iii) Whether there is any difference in wheat and wheat seed before it is
chemically treated and converted into certified seed and thus becomes unfit for human
consumption?
(iv) Whether it is necessary, to notify seed of cereals which can itself be used as
seed when the object of the legislature was to notify only those seeds which are
different from produce itself?
On the above pleadings, we heard Mr. Rakesh Dwivedi, learned senior counsel
appearing for the appellants and Mr. Dushyant A. Dave, learned senior counsel for the
contesting respondent.
It was submitted by the appellants herein/respondents in the writ petition that
after the first respondent purchased wheat, they convert it into seed by applying
pesticides and other chemicals and then the sale was effected as wheat seed and on
this transaction, Mandi Samiti is not demanding market fee. It was also submitted that
the decision of this Court in State of Rajasthan vs. Rajasthan Agricultural Input
Dealers Association (supra) are not applicable in the case of the first respondent and
that what is purchased by the first respondent herein is nothing but wheat and the entire
transaction of wheat is within the market area of Mandi Samiti, Pilibhit and hence
subject to payment of market fee. It was also submitted that the first respondent -
Company is engaged in producing certified seeds but for that purpose it purchases
regularly wheat and other commodities for preparing seeds and on these transactions,
the first respondent is liable to pay market fee. Before adverting to the respective
arguments, it is beneficial to reproduce sub-sections (a) & (b) of Section 17(iii) of the
Adhiniyam, which reads as under:
"(iii) levy and collect:
(a) such fees as may be prescribed for the issue or renewal of
licences; and
(b) market fee, which shall be payable on transactions of sale of
specified agricultural produce in the market area at such rates, being not less
than one percentum and not more than two and a half percentum of the price
of the agricultural produce so sold as the State Government may specify by
notification, and development cess which shall be payable on such
transactions of sale at the rate of half percentum of the price of the agricultural
produce so sold, and such fee or development cess shall be realised in the
following manner:-
(1) if the produce is sold through a commission agent, the commission
agent may realise the market fee and the development cess from the
purchaser and shall be liable to pay the same to the Committee;
(2) if the produce is purchased directly by a trader from the producer,
the trader shall be liable to pay the market fee and development cess to the
Committee;
(3) if the produce is purchased by a trader from another trader, the
trader selling the produce may realise it from the purchaser and shall be liable
to pay the market fee and development cess to the Committee:
Provided that notwithstanding anything to the contrary contained in
any judgement, decree or order of any court, the trader selling the produce
shall be liable and be deemed always to have been liable with effect from
June 12, 1973 to pay the market fee to the Committee and shall not be
absolved from such liability on the ground that he has not realised it from the
purchaser:
Provided further that the trader selling the produce shall not be
absolved from the liability to pay the development cess on the ground that he
has not realised it from the purchaser;
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(4) in any other case of sale of such produce, the purchaser shall be
liable to pay the market fee and development cess to the Committee:
Provided that no market fee or development cess shall be levied or
collected on the retail sale of any specified agricultural produce where such
sale is made to the consumer for his domestic consumption only:
Provided further that notwithstanding anything contained in this Act,
the Committee may at the option of, as the case may be, the commission
agent, trader or purchaser, who has obtained the licence, accept a lump sum
in lieu of the amount of market fee or development cess that may be payable
by him for an agricultural year in respect of such specified agricultural
produce, for such period, or such terms and in such manner as the State
Government may, by notified order specify:
Provided also that no market fee or development cess shall be levied
on transactions of sale of specified agricultural produce on which market fee
or development cess has been levied in any market area if the trader
furnishes in the form and manner prescribed, a declaration or certificate that
on such specified agricultural produce market fee or development cess has
already been levied in any other market area."
It was submitted by Mr. Rakesh Dwivedi, learned senior counsel appearing for
the appellants that the first respondent being the purchaser/trader is liable to pay
market fee under Section 17(iii) of the Act and that the contention of the respondent that
they sell wheat and the entire transaction is of wheat within the market area of Mandi
Samiti cannot be accepted.
Mr. Rakesh Dwivedi, learned senior counsel for the appellants, submitted that at
the time of hearing in the case of State of Rajasthan vs. Mangi Lal Pindwal, 1996(5)
SCC 60 by this Court, it could not be brought to the notice of this Court that the
intention of the legislature was to notify only those seeds which are different from its
produce and that the definition of agricultural produce being so wide that seeds of the
cereals are included in that entry and hence there was no necessity to notify the same
separately because there is no difference in Bazra or seed of Bazra. It was also
submitted that in the aforesaid judgment, this Court has held that seeds which are
manufactured after chemical treatment of Bazra by adding insecticides the market fee
cannot be levied on the sale and purchase of the same because the same cannot be
used for human consumption and ceases to be a cereal. Therefore, it is clear that
before chemical treatment Bazra remains an agricultural produce and sale and
purchase of the same attracts imposition of market fee. Arguing further, learned senior
counsel for the appellants contended that the High Court failed to appreciate that the
cereals are seeds itself and hence the same have not been notified separately because
there is no difference between wheat and seed of wheat and that Wheat includes its
seed. Otherwise also the appellant is imposing market fee on wheat and not its
certified seed as manufactured by the first respondent. Concluding his arguments,
learned senior counsel, submitted that since the Wheat purchased by the first
respondent is neither chemically treated nor the same unfit for the human consumption
and hence market fee was rightly imposed.
Per contra, Mr. Dushyant A. Dave, learned senior counsel appearing for the first
respondent, submitted that the respondent is not dealing in sale and purchase of food
grains or wheat but deals only in certified seeds and the stocks stored by them were not
of wheat but the certified seeds of wheat. It was further submitted that the first
respondent purchases breeder seeds from Agricultural Universities and that seeds of
Wheat is not included in the Schedule to the Adhiniyam. It was further argued that the
first respondent intakes only the standardised and certified seeds from the farmers and
the undersize, oversize and seeds found unfit by Seed Certificate Agency are returned
to the farmers and the certified seeds so purchased are thereafter chemically treated at
the processing plant and, therefore, these certified seeds either before processing with
chemical or thereafter do not fall within the definition of term "wheat" and its purchasers
are not liable to market fee.
At the time of hearing, our attention was drawn to a note on method and
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process of seed production submitted by the first respondent. The principle and
method of production, as submitted in the note, is as under:-
"1. Reasons for Seed Production:
All high yielding seeds are made by scientists by changing the
composition of genes in the seeds so that the seed gives high yields.
However, nature’s force has a tendency to change the seeds over a period of
time and, therefore, it is necessary to produce pure seed year after year.
2. Laws governing seeds business:
2.1 The seed industry for production and sale is regulated under the Seeds
Act, 1966 and Rules and Seed Control Order, 1983. Under the seeds Act,
the Government has made State Seed Certification Agencies who are
responsible to certify seeds and monitor their production and sales.
2.2 "The Indian Minimum Seed Standards" lays down the minimum seed
standards required for each crop which can be certified.
3. Method of Seed Production:
3.1 The company purchases breeder seed from the Agricultural Universities
and then produces the next stage i.e. foundation seeds. These foundation
seeds are given to contract farmers for further production to certified seed.
This certified seed is sold to trade and subsequently to farmers. Foundation
Seed is the progeny of Breeder Seed and certified seed the progeny of
Foundation Seed.
4. Procedure of production:
4.1 Purchase of breeder seeds from universities.(Rule 14(a))
4.2 Classification of foundation seed from breeder seed.( Rule 14(a))
4.3 Giving foundation seed to contract farmers. ( Rule 14(c))
4.4. Registration of the contract farmers with the State Seed Certification
Agency and payment of registration and inspection charges to the
agency.(Rule 6(d) & Form I)
4.5 Sowing the foundation seed by the contract farmer in his field.
4.6 Inspection of the farmer’s field by an inspector of all the State Seed
Certification Agency, at least two times during the growth of the crop.(Rule
6(k))
4.7 Submission of final field report by the State Seed Certification Agency,
inspector stating that the crop meets the standards or rejecting the crop if it
does not meet the standards. The final filed report also states the estimated
quantity of produce of every field and farmer which the Company can
purchase(Rule 6(k) and 23(e))
4.8 If the farmers seed crop has been found satisfactory and indicated as
such in the final field report prepared by the State Seed Certificate Agency
inspector it is purchased by the company and the seed stored in company
godowns.
4.9 The seed is then processed under the supervision of an inspector of the
State Seed Certification Agency who takes samples and sends them to the
Government Seed Testing Laboratory. (Rule 6(g) & 6(e))
4.10 After testing the Government Seed Testing Laboratory gives a report
which shows that either the seed meets the "Minimum Seed Standards" or it
does not.(Rule 21(3))
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4.11 If the seed meets the "Minimum Seed Standards", the chemical
treatment and baging of the seeds is made under the supervision of an
inspector of the State Seed Certification Agency.(Rule 17A)
4.12 After the seed is put in bag the inspector of the Seed Certification
Agency will seal and tag each bag and this seed and bag is called certified
seed which goes to the market.(Rule 17 II)
4.13 The seed inspector will also give a certificate to the company stating that
the seed has been found above the "Minimum Seed Standards" and has been
certified as such by the State Seed Certification Agency.(Rule17)"
A letter under Reference No. 3374/12-5-2001-600(88)/93 dated 7th January,
2002 sent by the Secretary, U.P. Government to the Director, Mandi Parishad, U.P.
Lucknow, was placed before us for our perusal with an english translation and Hindi
version. The english translation of the letter reads thus:
" No.3374/12-5-2001-600(88)/93
From : Dr. Naseem Jedi,
Secretary,
U.P. Government
To Director
Mandi Parishad
U.P. Lucknow.
Krishi Anubhag - 5 Lucknow: Dated 07 January, 2002
Sub:- Exemption of certified seeds by Trade Tax Department and accordingly
exemption of certified seeds by Mandi Parishad from Mandi Tax.
Sir,
Regarding your letter dated 13.08.2001, in relation to the above subject
No.V.P/M.SH/760/T.C.II Khand/86-2001-1220, I have been ordered to inform
you that the production of certified seeds of various crops is taken through
farmers and then this seed is procured by the corporation in uncertified form,
after which it goes through the certification procedures and chemical
treatment, and finally certified seed is produced. Therefore, please note that
for production of certified seeds, on the purchase of raw uncertified seeds
there will be no Mandi Tax Liability. Please ensure immediately and
appropriate action to enforce this decision. (Emphasis supplied)
Yours faithfully’
Sd/-
(Dr.Naseem Jedi)
Secretary"
A reading of the said letter would also show that the production of certified
seeds, on the purchase of raw uncertified seeds there will be no Mandi Tax Liability.
Learned senior counsel appearing for the parties also drew our attention to the
relevant provisions of the Seeds Act, 1966 (Act No. 54 of 1966) and the Seeds Rules,
1968 (hereinafter referred to as "the Rules"). We have also perused the Schedule
(Sections 2(a) and 4-A) to the Addhiniyam in which under the Heading A-Agriculture,
Wheat is included as Item No.1 in the sub-heading Cereals. In the Statement of
Objects and Reasons, it is stated that in the interest of increased agricultural
production in the country, it is considered necessary to regulate the quality of certain
seeds, such as seeds of food crops, cotton seeds, etc. to be sold for purposes of
agriculture including horticulture.
Section 2 of the Act deals with definition of "Agricultural produce" , "Certificati
on
Agency" and the "Seed" etc. Section 2(11) defines Seed which means any of the
following classes of seeds used for sowing or planting -’
(i) seeds of food crops including edible oil seeds and seeds of fruits and
vegetables;
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(ii) cotton seeds;
(iii) seeds of cattle fodder;
(iv) jute seeds,
and includes seedlings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts
and other vegetatively propagated material, of food crops or cattle fodder;
Under Section 3 of the Act, the Central Government has the authority to
constitute a Committee called the Central Seed Committee to advice the Central
Government and the State Governments on matters arising out of the administration of
this Act and to carry out the other functions assigned to it by or under this Act. Section
4 deals with the authority of the Central Government to establish a Central Seed
Laboratory or declare any seed laboratory as the Central Seed Laboratory to carry out
the functions entrusted to the Central Seed Laboratory by or under this Act. Section 5
of the Act deals with power to notify kinds or varieties of seeds by the Central
Government. Section 6 of the Act deals with the power of the Central Government to
specify minimum limits of germination and purity, etc. Section 8 of the Act deals with
Certification Agency which authorises the State Government or the Central Government
to establish a Certification Agency for the State to carry out the functions entrusted to
the Certification Agency by or under this Act. Section 9 provides the procedure for
grant of certificate by Certification Agency. Section 25 deals with power of the Central
Government to make Rules.
Rule 2(e) of the Rules defines "certified seed". Under Rule 2(f) of the Rules
"Certified seed producer" has been defined. Rule 2(j) defines "processing" and 2(m)
defines "treated". The functions of the Central Seed Laboratory has been dealt with
under Rule 5 of the Rules. The functions of the Certification Agency has been specified
under Rule 6 of the Rules. Rule 15 deals with the procedure for making application for
the grant of certificate under sub-section(1) of Rule 9. Form I is prescribed for
application for Seed production under the Seeds Certification programme. We are not
now concerned with the other Rules.
We have already reproduced Section 2(a) and Section 17(iii) of the Adhiniyam.
Section 17(iii) of the Adhiniyam provides for imposition of market fee on the
transactions of sale of specified agricultural produce in the market area at such rates
notified by the State. As already noticed, Wheat is specified in the Schedule at S.No.1
under the Heading ’Cereals’. A perusal of the Schedule would show that wherever
seeds have been intended to be notified, it has been specifically mentioned as Seeds.
In case of Wheat, however, Schedule does not provide or notify seed of wheat and thus
the seeds of wheat are not specified in the Schedule and are thus not covered by the
definition of Agricultural produce. We have also referred to the Objects and Reasons
for enacting the Seeds Act, 1966 and the Seeds Rules, 1968. As already seen, Seeds
Rules, 1968 have made detailed provisions of production , processing and certification
of seeds under the Seed Certification Agency. The Central Government in order to
exempt the movement of seeds and in exercise of its powers under the Essential
Commodities Act, has enacted Foodgrains Movement Restriction (Exemption of Seeds)
Orders, 1970 and the Seeds Control Order, 1983. The seeds are also exempted from
Sales Tax under an exemption Notification dated 19.8.1970 issued under Section
4(1)(a) of the Act (Annexure CA 3).
We have already referred to the essential conditions incorporated in the
Certificate of Registration. One of the essential conditions incorporated in the
Certificate of Registration is that the certificate holder shall not carry on any business
such as dealing in food grains, other than the business of sale of certified seeds.
Under the terms and conditions of such certificate, the first respondent is not carrying
any other business except the business of certified seeds and it is also not in dispute
that the respondent does not hold any other licence for dealing in food grains including
wheat.
It was also argued by Mr. Dushyant A. Dave that the Market Committee has
completely failed to appreciate the declaration of law in the case of State of Rajasthan
vs. Rajasthan Agriculture Input Dealer Dealers Association (supra) affirmed by this
Court on 21.8.1996. In these orders, two reasonings were adopted to hold that the
transaction of seeds do not attract market fee namely (a) that the definition of
agricultural produce includes items specified in Schedule and that wherever it was
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intended to separately cerealised seeds, they have been distinctly found mentioned in
the Schedule and that wherever the Schedule does not include seeds specifically in the
serialised item such seeds are not specified agricultural produce and (b) on the process
of coating and applying insecticides, other chemicals and poisonous substances the
basic character i.e. its consumption as food by human being or animals is irretrievably
lost and that such commodity is distinct from food grains.
The decision of the State Government does not take into account the first
reasoning and treats only that commodity as seeds which is treated with chemicals and
that the action, in our view, is apparently and palpably wrong. It is to be noticed that th
e
farmers are paid prices on the certified seed only after its certification and that the enti
re
quantity of such seeds is chemically treated and is thus a distinct commodity as certified
seeds. It was denied that the first respondent purchased wheat from farmers and the
seeds purchased from the farmers are of very high quality specified standardised seeds
each of which price is very high as compare to wheat. It is not sold in the market and
cannot be so sold as wheat and the entire quantity is taken for processing with
chemicals at processing plant. The High Court has, in our view, correctly appreciated
and accepted the contention of the respondent-Company and has rightly relied upon
the judgment of this Court in State of Rajasthan vs. Agricultural Input Dealers
Association (supra).
Learned senior counsel appearing for the first respondent dew our attention to
Annexure CA 11 which is the representation in pursuance to the judgment of the High
Court in Writ Petition No. 3274 of 1998. The relevant portion of the representation
reads as under:
"Thus our business procedure makes it clear that by the time we purchase
seeds from farmers it remain no longer simple unprocessed seed but it comes
into the category of certified seed after chemical treatment. At the time of
purchase, this wheat is necessary to be determined is the nature of
commodity at the time of purchase. As per the specific view taken by Hon’ble
Supreme Court in M/s State of Rajasthan Agriculture Input Dealer Association
( AIR 1996 2179) seed undergone chemical and pesticide treatment is an
entirely different commodity and the same is not subject to market fee on
account of its non inclusion on the Schedule of Mandi Act.
Under provisions of Section 17(iii)(b)(2) of the Mandi Act if agricultural
produce is purchased directly by a trader from a producer, the trader shall be
liable to pay the market fee but in the present circumstances it is clear that
we have purchased only certified seeds from the farmers and certified seed
not being scheduled produced the same is not liable to fee at our level.
In the same reference, the decision taken in the meeting dated
16.5.1998 presided by Secretary Agriculture is also important. In the
abovesaid meeting, it has been decided that if trader purchases unprocessed
seed before chemical treatment in that case the trader is liable to pay market
fee on such purchase of unprocessed seeds. However, in the present case,
the trader has not purchased unprocessed seed before chemical treatment,
therefore, trader is not liable to pay fee on such purchases. Thus direction
issued by Secretary Agriculture in meeting dated 16.5.1998 also support
trader’s stand."
I.A.No.3 of 2001 is filed by the first respondent for seeking permission to place
on record a letter dated 19.1.2000 annexed as Annexure A which is very important for
the final adjudication of the case. The said I.A. be taken on record. By the said I.A., th
e
first respondent sought to place on record a letter dated 19.1.2000 addressed by the
Principal Secretary, Government of Uttar Pradesh to the Commissioner, Trade Tax
Department, Government of Uttar Pradesh directing that instructions be issued to the
taxation officers that when the growers or the distributors, seed certification machinery
sell the seeds in sealed containers after producing themselves after certification along
with the tag of the Uttar Pradesh Certification Agency affixed as under the Central
Seed Act, 1966 then in such circumstances, no liability of purchase tax is attracted
under Section 3 AAAA(4). We have perused the communication dated 19.01.2000
marked as Annexure A.
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The judgment in the case of State of Rajasthan vs. Rajasthan Agriculture
Iinput Dealers Association (supra) was heavily relied on by the learned senior
appearing for the first respondent. In the said case, the respondent therein claimed
themselves to be engaged in the business of purchasing and selling seeds and , in
particular, Bazra seeds. According to them, seeds can not be termed to be agricultural
Produce for the purposes of the Rajasthan Agricultural Produce Market Act, 1961 and
its Schedule, as amended from time to time by the State Government in exercise of
powers under Section 40 enabling it to add, amend or cancel any of the items of
agricultural produce specified in the Schedule. It is maintained that seeds are a
processed item and coated by insecticides, chemicals and other poisonous substances
whereby the grains employed lose their use and utility as foodgrains and become unfit
for human or animal consumption or for extraction therefrom for such consumption.
The challenge posed by the respondents before the High Court was answered by the
appellants (State of Rajasthan) maintaining that foodgrains of all sorts, as mentioned in
the Schedule, were seeds, per se, the only exception carved out from the items
mentioned in the Schedule being those relating to blue tagged certified seeds and white
tagged certified foundation seeds; such exceptions have been notified by way of
amendment to the Schedule in exercise of the power of the State Government under
Section 40 of the Act. The High Court took the view that when foodgrains of particular
varieties were treated and subjected to chemical process for preservation, those grains
become commercially known as "seeds". It was ordered that no licence under the Act
was required for sale of such seeds. On appeal, this Court held as under:
"It is undoubtedly true that foodgrains per se could be used as seeds for being
sown and achieving germination, but in that form they retain the dual utility of
being foodgrains as well as seeds. By process of coating and applying
insecticides, other chemicals and poisonous substances to the foodgrain
meant to be utilised as seeds, one of its basic character, i.e., its consumption
as food by human beings or animals or for extraction for the like purpose, gets
irretrievably lost and such processed seeds become a commodity distinct
from foodgrains as commonly understood. That distinction was borne in mind
by the High Court in allowing the writ petition of the respondents, and in our
view rightly."
The other decisions cited by the counsel for the appellants will not be of any
assistance in deciding the factual disputes involved in the instant case.
In our view, the High Court has correctly applied the above judgment. This
Court held that no market fee could be levied by the State of Rajasthan on seeds on the
ground that a seed was distinct from foodgrains inasmuch as they were not fit for
human consumption. The ratio decidendi of the above decision is squarely applicable
to this case wherein the appellant seeks to give a wide connotation to the words in the
Schedule. In our opinion, that giving a wide interpretation is not possible and as Wheat
Seed is not included in the Schedule, the Mandi Samiti is not allowed to levy a market
fee on purchase. As the Mandi Samiti plays no role in the trade of the respondent’s
seeds, it may not be allowed to levy the market fee. It is also not in dispute that the
Breeder Seeds are allocated by the Ministry of Agriculture or by the Universities to the
various seed producing agencies and companies who multiply the breeder seeds into
foundations seeds.
It is also very useful to refer hereunder the process by which the seed is
manufactured under the Seeds Act and the Seeds Rules:
" (i) Seeds developed in laboratories are classified as Breeder Seeds and
are sold through the Ministry of Agriculture or notified Agriculture Universities
to producing agencies, Companies and farmers. Foundation Seeds (Stage I
and II) are developed as progenies of Breeder Seeds and are required to
obtain a Certificate from the Seed Certification Agency.
(ii) The production of Foundation Seeds is supervised and approved by the
Certification Agency to maintain specific genetic identity and genetic purity
and are required to conform to certification standards specified for the
crop/variety being certified.
(iii) The Foundation Seed is then grown by the farmer in a land earmarked
specifically for the sowing of the Foundation Seed. The offsprings of these
Seeds are terms as Certified Seeds, which too are required to meet the
minimum standards of genetic purity and genetic identity.
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(iv) It is only if the Seeds meet the minimum standards are they subsequently
categorised as Certified Seeds and can be purchased by the respondent for
further processing.
(v) The processing done by the respondent is done under the aegis of an
Inspector of the State Seed Certification Agency and thereafter the samples
are taken for testing to notified Government Seed Testing laboratories.
(vi) It is only after meeting the minimum standards of genetic purity and
genetic identity that the Seed is put in a bag that is sealed and tagged by the
Inspector of the Seed Certification Agency. It is this seed which is allowed to
be sold in the market and a certificate is issued by the Agency stating the
standards of the Seed and other particulars."
It was submitted by the first respondent that all the above mentioned stages of
Certification are as per the provisions of the Rules and that right from the inception to
the time when the Seed is sold in the market, it is done under regulation issued to
govern each and every stage of seed production and certificates are only issued after
the seed is found to achieve the minimum standards of genetic identity and genetic
purity. It was also pointed out that no such certification standards exist for food grains
sold by farmers to the Mandi Samiti. Thus the production of seeds is an integrated
process and needs to be regulated at every stage, right from the inception, in order to
maintain genetic identity and genetic purity.
There is no nexus whether the seed has been chemically treated or not and the
levy of market fees. Since the seed is a separate commodity from grain, the same is
not covered under Schedule I of the Adhiniyam and as such no market fee is leviable
over the sale and/or purchase of the same.
We are, therefore, of the view that the seeds are not specified agricultural
produce under the provisions of the Act and, therefore, the business of purchase and
sale of seeds under the supervision of Seed Certification Agency established under the
Act is not a business of sale and purchase of specified agricultural produce and as such
the first respondent is not required to pay the market fee or to take out a licence.
We are also of the view that the respondents have grossly erred in ignoring the
law settled by this Court in the case of State of Rajasthan vs. Rajasthan Agricultural
Input Dealers Association (supra) under Article 141 of the Constitution in demanding
market fee on seeds. Since the processing of wheat resulting in loss of its basic
characteristics of being cereal, it cannot be subjected to levy as agricultural produce
since the purchase by the respondent is for the purpose of growing seeds, no levy is
permissible and, therefore, market fee cannot be imposed on seeds which are unfit for
human consumption.
Question No.i
Thus, the true scope and ambit of Section 2 (a) and 17 (iii) (b) of the Act has
been explained in paras supra.
Question No. ii
The appellant has no authority to levy market fee on the purchase of wheat by
the seed processing unit. This question is answered in the negative.
Question No. iii
Wheat seed converted into certified seed is unfit for human consumption and,
therefore, market fee levy is impermissible.
Question No. iv
The object of legislature was to notify only those seeds which are different from
the produce itself.
Thus all the questions are answered as above.
The argument of the counsel for the first respondent is well merited and founded
on sound legal principles and on practical and factual aspects of the matter.
For the foregoing reasons, we hold that the appeal has no merit and is liable to
be rejected. Accordingly, we do so. However, there will be no order as to costs.
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