Judgment

P. N. BHAGWATI, J.:- This appeal, by special leave raises a very short question of construction of certain provisions of the Andhra Pradesh Agricultural Produce and Live-Stock Markets Act. 1966 (hereinafter referred to as the Act). The narration of a few facts giving rise to the appeal would help to appreciate the question which arises for determination, but it would be convenient first to refer to the relevant provisions of the Act before we recapitulate the facts.

2. The Act is a species of legislation which has now been enacted in almost all States of India with a view to providing satisfactory conditions for the growers of agricultural produce to sell their produce on equal terms and at reasonable prices. Section 2 gives definitions of the various terms used in the Act while Section 3 provides for issue of notification by the Government declaring a specific area "to be a notified area for the purposes of this Act in respect of any agricultural produce, livestock and products of livestock." Then comes Section 4, which says in sub-section (1), which is the only sub-section material for our purpose:

"The Government shall constitute, by notification, a market committee for e