JUDGMENT :

Rai Chattopadhyay, J.

(1) Two writ petitions being W.P. No. 17846(w) of 2012 and W.P. No. 11513(w) of 2019 are taken up together for disposal by dint of this common judgment, as the two are connected and deal with the same subject matter, which is as follows; 

(2) The subject matter of challenge in W.P.No. 17846(w) of 2012 are the two notifications being (i) No. 429-M.W&C/9M-9/2000 dated January 29, 2002 (hereinafter referred to as No.429) and (ii) No. 2537-M.W.&C/1M-05/99(Pt.1) dated August 22, 2008 (hereinafter referred to as No.2537). 
 
(3) By way of amendment of the said writ petition, the petitioner has further challenged the West Bengal Act XXVII of 2014 being the West Bengal Agricultural Produce (Regulation) (Amendment) Act, 2014 (hereinafter referred to as the Amendment Act of 2014 or the 2014 Amendment Act) and the West Bengal Act XVI of 2017 being the West Bengal Agricultural Produce (Regulation) (Amendment) Act, 2017 (hereinafter referred to as the Amendment Act of 2017 or the 2017 Amendment Act). 
 
(4) The subject matter of challenge in W.P. No. 11513 (w) of 2019, is the assessment order dated June 30, 2016, issued by the Secretary, Purba Bardhaman Zila Regulated Marketing Committee/respondent no. 6 therein and the impugned order dated May 16, 2019, issued by the Director Agriculture (Marketing) and Ex-officio Additional Director of Agricultural (Marketing)/respondent No. 2. The writ petitioners have prayed for quashing of both of the said impugned orders. 

(5) The question involved in these writ petitions is that if the amendments introduced to the West Bengal Agricultural Produce Marketing (Regulation) Act 1972, bereft of any assent of the President of India and with that of the Governor of the State, is ultra vires the Constitution of India, or not. Also that, in that event, whether the subsequent notifications issued under the provisions of the said Amendment Acts should be termed as illegal and be set aside or not. The other question required to be determined is in that event whether the concerned respondents would be eligible to issue the impugned assessment orders as mentioned above and if the same would be liable to be set aside or not. 
 
(6) Let the relevant facts of the case necessary for adjudication of the writ petitions, be narrated in a nutshell. The petitioners are engaged in the business of manufacture and sale of rice bran oil namely “Rice Gold” and de-oiled rice bran as its by-product. They do their business from the factory situated at district Burdwan, in the state of West Bengal. 

(7) So far as the West Bengal Agricultural Produce Marketing (Regulation) Act 1972, is concerned, rice oil or rice bran oil has not been a part of the same to come within its purview, before introduction of the Notification No. 429, by the Department of Agriculture, Government of West Bengal, on January 29, 2002. Notification No. 429 says that in exercise of power conferred by sub-section 1(a) of section 2 of the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 (West Bengal Act XXXV of 1972), the Governor includes the item “rice oil” in the schedule of the said Act of 1972. It has been mentioned that the inclusion as above was for the purpose of the market committees to raise fees under section 1 of the said Act. 

(8) By issuance of the notification No. 2537, on August 22, 2008, the Governor in exercise of power conferred under section 3(3) of the West Bengal Agricultural Produce Marketing (Regulation) Act 1972, has enforced the provisions of the said Act of 1972, in the Sadar and part of Durgapur sub-division, in the district Burdwan. 

(9) The following amendment has been carried out vide the Amendment Act of 2014: 

“2. In sub-section (1) of section 2 of the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 (hereinafter referred to as the principal Act).- 
 
(1) for clause (a), the following clause shall be substituted: 
*(a) "agricultural produce" means any produce, whether processed or