IMPORTANT POINT
Pisciculture, fish farming is not agriculture. It is aquaculture.

Headnote:Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978-Sections 3 and 4-Tariff rates-Notification dated 19-11-1990 for supply of electricity on low tension for the purpose of agriculture becoming free-Levy with no charge -Appellants engaged in fish farming, i.e. pisciculture, submitting that they were also entitled to the benefit of notification-However, benefit denied to appellants on ground that they were fish farmers and engaged in pisciculture which could not be treated as agriculture-High Court also rejected appellants entitlement-Appeal against-Whether pisciculture is agriculture-(No)-Fish farming is a branch of aquaculture-It cannot be understood as agriculture.
       Held : Agriculture is the science or art of cultivating the soil, growing and harvesting crops, and raising livestock. The art of making land more productive is practiced throughout the world-in some areas by methods not far removed from the conditions of several thousands of years ago, in other areas with the aid of science and mechanization, as a highly commercial type of endeavour. (Para 7)
       The High Court has delved deep into the issue and examined the question from very many angles taking into consideration several dictionaries and books on fish farming brought to its notice and also dealt with several decided cases to draw the conclusion that pisciculture is not agriculture. (Para 9)
       It is, therefore, clear that agriculture, for our purpose, need not be kept confined in its meaning to the production of grain and food products for consumption of human beings alone; it can be extended as comprising within its meaning all the products of the land involving human labour but then it is the producing capacity of the land which must necessarily be found as involved in any activity to amount to agriculture. (Para 11)
       The relevant entry in the Act as its historical background show was intended to provide electricity at concessional rates or free of any charge to the farmers by dividing them into classes such as small farmers and other farmers. A farmer would be an agriculturist in the traditional sense and narrow meaning of the term. A person engaged in aquaculture or fish farming would not be called a farmer. Neither the legislature while enacting the schedule to the Act as it originally stood nor the State Government issuing the notification amending the schedule can be attributed with the intention that they had intended to make available electricity at concessional rate or without charge to aquaculturists whose activity is purely commercial. We are also not prepared to hold that in the circle of agriculturists fish farming is understood as agriculture. In our opinion, for the purpose of interpreting the Act and the notification issued thereunder, the term agriculture has to be read in contradistinction with the term aquaculture . Pisciculture is a branch of aquaculture. Pisciculture is not agriculture. (Paras 13 and 14)

JUDGMENT

R.C. Lahoti, J.-The appellants are all owners of their respective lands, having fish farms thereon, and the respondent is Tamil Nadu Electricity Board. The appellants are enjoying supply of electricity from the respondent-Board.

2. The Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 (Tamil Nadu Act No. 1 of 1979) has been enacted to provide for the revision of tariff rates leviable on electrical energy supplied in the State by the Tamil Nadu Electricity Board. Section 3 provides that the tariff rates payable to the Tamil Nadu Electricity Board by any consumer on the electrical energy supplied by the Board shall be as specified in the Schedule to the Act. Under Section 4, the State Government is empowered to amend the provisions of the Schedule by notification.

3. The relevant part of the Schedule, as published in Tamil Nadu Government Gazette Extraordinary dated March 12, 1990 and with which we are concerned reads as under :-

"Low Tension Tariff V :

Agriculture-

(a) Small Farmers.

(b) Tubewells sunk No charge by Tamil Nadu State Tubewell Corporation catering to small farmers.

(i) Contracted load Lumpsum of upto and inclusive Rs. 50 per of 5 H.P. horse power per annum

(ii) Contracted load Lumpsum of above 5 HP Rs. 75 per horse power per annum

Explanation (i).- Small Farmer means a person whose total holding whether as owner, tenant or mortgagee with possession, or partly in one capacity and partly in another, does not exceed two and a half acres of wet lands or five acres of dry lands. In computing the extent of land held by a person who holds wet and dry lands, two acres of dry lands shall be taken to be equivalent to one acre of wet land.

Explanation (ii).- Supply of power shall be given free of charge to the small farmers whose family is solely dependent on the income derived from his agricultural land holdings.

Explanation (iii).- Agricultural consumers shall be permitted lighting up to 50 watts per 1,000 watts of motive power connected, subject to a maximum of 150 watts inclusive of wattage of pilot lamps each of which shall not exceed 15 watts and with no more than 3 lamps (excluding pilot lamps) for lighting the farm or the field around the pumpset. Energy used for radios and other appliances including domestic lighting in farm house shall be metered separately and charged for at the appropriate tariff. Agricultural consumers shall be permitted to use the water pumped from the well and stored in overhead tanks for bonafide domestic purposes in the farm house. The farm house shall be in close proximity not exceeding 150 feet from the well.

Explanation (iv).-Extra lighting in agricultural services over the permissible limit shall be charged for either if separately metered, as per Low Tension Tariff IX or if not separately metered on a flat rate of Rs. 2 per 40 watts lamp (ordinary) larger lamps in proportion. If fluorescent and mercury vapour lamps are connected the rate shall be enhanced as laid down under Low Tension Tariff II."

In the Tamil Nadu Government Gazette Extraordinary dated 19th November 1990, the following notification was published :-

"NOTIFICATION

In exercise of the powers conferred by Section 4 of the Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 (Tamil Nadu Act 1 of 1979), the Governor of Tamil Nadu hereby makes the following amendment to the Schedule to the said Act.

2. The am

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2004 Supreme(SC) 501

IMPORTANT POINTPisciculture, fish farming is not agriculture. It is aquaculture.

Cases Referred (1)

IMPORTANT POINT
Pisciculture, fish farming is not agriculture. It is aquaculture.