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2001 Supreme(AP) 1214

MOTILAL B.NAIK, N.V.RAMANA, S.B.SINHA
Gururaj Mini Roller Flour Mills – Appellant
Versus
Government of India, Ministry of Food and Civil supplies – Respondent


S. B. SINHA, CJ.

( 1 ) NOTICING two conflicting views on interpretation of Section 13 (1) of the Food corporations Act, 1964, (37 of 1964) ( the said Act for the sake of brevity) these matters have been referred to a Full Bench by a learned Judge of this Court.

( 2 ) THE Parliament enacted the said Act to provide for the establishment of Food corporations for the purpose of trading in food grains and other foodstuffs and for matters connected therewith and incidental thereto. Paragraph 3 of the statement of objects and Reasons of the said Act reads: statement of Objects and reasons: xxx xxx xxx (3) the Corporation will engage itself primarily in the purchase, storage, movement, distribution and sale of foodgrains. Provision has also been made in the Bill enabling the corporation to deal in other foodstuffs if considered necessary by the Government. The corporation may also discharge certain incidental functions as provided for in the Bill in consultation with the Central government. xxx xxx xxx"

( 3 ) SECTION 3 of the said Act provides for establishment of Food Corporation of India, which is a body corporate having perpetual succession and a common seal with power, subject to the



























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