Judgement

SHAH, J.: Cattle fairs are held for the last many decades in different parts of the territory of the State of Punjab, by local authorities and individual owners of land.The person or authority holding the cattle fair provides facilities to cattle owners for board and lodging and for stabling their cattle generally in consideration of charges including a percentage on the price realised by sale or purchase of cattle.

2. The Governor of Punjab with a view to control and regulate cattle fairs promulgated Ordinance No. 14 of 1967 on November 4, 1967, declaring a monopoly in the State of Punjab to hold cattle fairs and prohibiting all local authorities and individuals from holding cattle fairs "at any place in the State." This Ordinance was replaced by the Punjab Cattle Fairs (Regulation) Act 6 of 1968. By Section 3 of the Act it is provided:

"(1) The right to hold a cattle fair at any place in the State of Punjab and to control, manage, and regulate such fair shall vest exclusively in the State Government and shall be exercisable by it, in accordance with the provisions of this Act and the rules made thereunder, through such persons or authorities as it may deem fit.

(2) Notwithstanding anything contained in any other law or the time being in force and save as provided by sub-section (1), it shall be unlawful for any person or local authority to hold, control, manage or regulate a cattle fair at any place in the State of Punjab."

The expression "cattle" is defined by Section 2 (b) as including a buffalo, camel, cow, donkey, elephant, goat, horse, mule, sheep and their young ones and such other animals as the State Government may by notification specify. By Section 4 (1) authority is vested in the State Government to appoint Fair Officers for holding, controlling, managing and regulating cattle fairs in a district. By sub-section (2) the Fair Officer is made responsible for making arrangements in respect of all matters connected with the holding of a cattle fair and its proper control, management and regulation and has also the power of - (i) defining the fair area; (ii) reservation of sites or places for latrines, urinals, baths, shops, exhibitions, shows, demonstrations, foot-baths for animals, water-supply for drinking purposes, shelters, green and dry fodder, entertainments and similar other purposes necessary in connection with the cattle fair; (iii) allotment of sites temporarily for commercial or other purposes in connection with the cattle fair, authorisation of raising of structures on such sites, and fixation of rents for such sites in the prescribed manner; (iv) arrangements for watch and ward, lighting, medical first aid, veterinary aid, sanitation, tentage and other facilities as may be necessary in connection with cattle fair; and (v) construction of temporary offices for the purpose of collecting taxes and fees imposed and levied in connection with the cattle fair. The expression "fair area" is defined in Section 2 (d) as meaning such area within a district as may be specified by a fair officer for the purpose of holding a cattle fair". By Section 5 power is conferred upon the State Government to impose in a fair area during the continuance of a cattle fair, tolls on vehicles entering such area for business purposes and octroi duty on goods brought for sale within such area. Jurisdiction of the local authorities to levy taxes and fees in any fair area in connection with the fair is excluded by Section 6. By Section 8 it is provided that no person shall sell cattle at a cattle fair unless he has obtained a registration certificate in respect of cattle to be sold. Section 9 provides for licensing of brokers. By Section 15 the State Government is authorised to direct the Panchayat Samiti or Municipal Committee, in whose jurisdiction the fair is to be held, to deposit in the Cattle Fair Fund the prescribed amount, not exceeding one thousand rupees, to cover the initial expenses of the fair and the local authority