Judgment

KOSHAL, J.:- Rule 49 of the Gujarat Agricultural Produce Markets Rules, 1965, the vires and the reasonableness of which have been the main points of challenge in this appeal. runs thus :

"49. (1) The fees on agricultural produce shall be payable as soon as it is brought into the principal market yard or sub-market yard or market proper or market area as may be specified in the bye-laws :

Provided that the fees so paid shall be refunded-

(i) on production of sufficient proof that such produce was not sold within the limits of the market area, or

(ii) if such produce is brought from outside the market area into the market area for use therein by the industrial concerns situated in the market area or for export and in respect of which a declaration has been made and a certificate has been obtained in Form V. subject to the proviso to sub-rule (2) of Rule 48.

"(2) The licence fees payable under Rule 56 or 57 shall be paid along with the application for licence but in case the market committee refuses the grant or renewal of a licence the fees recovered shall be refunded to the applicant."

2. In order to interpret this Rule it is also necessary to set out the provisions of Rule 48. Th