Bombay High Court
Jalgaon District Fertilisers, ... vs State Of Maharashtra And Ors. on 22 October, 2002
Equivalent citations: 2003 (2) MhLj 560
Author: B Marlapalle
Bench: B Marlapalle, V Tahilramani
ORDER
B.H. Marlapalle, J.
1. The petitioner is an association of dealers in fertilizers, pesticides and seeds in Jalgaon district and it is registered under Registration No. F-698 (Jalgaon). It has taken exception to the communication dated 22nd March, 1999 addressed by the State Government to the Commissioner for Agriculture at Pune. It states that the licences for sale/import of seeds should be granted to Diploma/Degree holders in Agriculture or to the firms which employ such qualified persons. This condition is also applicable for renewal of licence and is based on the circular issued by the State Government on 4th of May, 1998.
2. Shri Bafna, the learned counsel appearing for the petitioner states that the State Govt. cannot abrogate itself the powers of the Central Government and it is the Central Government alone which can impose such conditions as the Seeds Act, 1966 has been enacted by the Parliament.
3. Admittedly, the Seeds (Control) Order, 1983 has been issued by the Central Government in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 and Clause 3 therein states that no person shall carry on the business of selling, exporting or importing seeds at any place except under and in accordance with the terms and conditions of the licence granted to him under the said Order. There is also no dispute that the licencing authority is the State Government and it has also the powers of granting exemptions. An application for licence is required to be made in Form-A as has been set out in Clause 4 and the licence is issued in Form-B as stated in Clause 5 of the said Order of 1983. The issue of renewal of licence is covered under the provisions of Clause 7.
4. If the State Government has been designated as the licencing authority under the Order of 1983 it certainly has the powers to impose reasonable conditions while issuing licences or renewing the same so as to ensure that the licensees operate within the specified terms and conditions, in addition to the terms and conditions which are stated in Form-B to the said Order, The order does not state anywhere that the said conditions appended to Form-B are exhaustive and no other conditions could be added by the licencing authority taking into consideration the local conditions.
5. Quality control of seeds and fertilisers is of great importance for arresting the degradation of soil, environment, water as well as the seeds and, therefore, if the State Government in its wisdom has decided that the licences should be granted to the candidates who hold the degree/diploma in agriculture or to the firms which agree to employ such qualified persons, we do not find anything wrong in such a decision. The Control Order, 1983 does not come in the way of the State Government in imposing such conditions, which are, to our mind, in public interest.
6. Under the circumstances the challenge to the communication dated 22nd March, 1999 is unsustainable and, therefore, the petition is rejected.
