1979 (5) TMI 136 - SC - Indian Laws

Court rules increase in market fees from Rs. 2 to Rs. 3 unjustified, directs transparency and accountability

Kewal Krishan Puri and anothers Versus State of Punjab & Others

The Court found the increase in market fees from Rs. 2/- to Rs. 3/- per hundred rupees unjustified, ruling it invalid. Market fees were directed to remain ... Court fees - whether there exists a broad co-relationship with the fees collected and the cause of administration of justice? Held that:- Allow the appeals and the writ Petitions to the extent and direct the Market Committees and the State Marketing Boards not to realize market fee at the rate of Rs. 3/- per hundred rupees on the basis of their impugned decisions and actions which have been found to be invalid by us. We leave the parties to bear their own costs throughout. Issues Involved:1. Validity of certain provisions of the Punjab Agricultural Produce Markets Act, 1961.2. Validity of the Rules framed by Punjab and Haryana under the Act.3. Validity of the fixation of market fees by Market Committees in Punjab and Haryana.4. Distinction between 'tax' and 'fee' under constitutional provisions.5. Application of the principle of quid pro quo in the imposition of fees.6. Legality of expenditure from market fees by Market Committees and Boards.7. Justification for the increase in market fees from Rs. 2/- to Rs. 3/- per hundred rupees.Detailed Analysis:1. Validity of the Punjab Agricultural Produce Markets Act, 1961:The Act was passed to consolidate and amend the law relating to the regulation of the purchase, sale, storage, and processing of agricultural produce and the establishment of markets in Punjab. After the bifurcation of Punjab in 1966, the Act continued to apply to both Punjab and Haryana. The Act's provisions included the establishment of market areas and market yards, requiring traders to obtain licenses and pay market fees.2. Validity of the Rules framed by Punjab and Haryana:The Court examined the rules framed under the Act, particularly those concerning the levy of market fees. The rules allowed Market Committees to levy fees on an ad-valorem basis on agricultural produce bought or sold by licensees. The Court found that these rules were within the framework of the Act and did not exceed the legislative mandate.3. Validity of the fixation of market fees:The Court reviewed the historical increases in market fees in both Punjab and Haryana. Initially, the fee was 50 paise per hundred rupees, which was later increased to Rs. 3/- in both states. The Court scrutinized whether these increases were justified and whether the Market Committees had the authority to fix such rates. It was determined that the Market Committees acted within their powers, but the justification for the increases needed to be examined in light of the principle of quid pro quo.4. Distinction between 'tax' and 'fee':The Court reiterated the constitutional distinction between a 'tax' and a 'fee.' A fee is a charge for a special service rendered to individuals by a governmental agency, while a tax is an imposition for public purposes without reference to any special benefit to the payer. The Court reviewed several precedents to clarify this distinction and emphasized the necessity of quid pro quo in the case of fees.5. Application of the principle of quid pro quo:The Court emphasized that for a fee to be valid, there must be a reasonable correlation between the fee charged and the services rendered to the payer. The services need not be equivalent to the fee in a mathematical sense but should predominantly benefit the payer. The Court laid down several principles to determine the validity of market fees, including that a substantial portion of the fee must be spent on services directly benefiting the payers.6. Legality of expenditure from market fees:The Court analyzed the permissible uses of market fees under sections 26 and 28 of the Act. It found that many expenditures by Market Committees and Boards, such as contributions to link roads and general agricultural improvements, were not justifiable as they did not directly benefit the payers of the fees. The Court held that such expenditures were beyond the scope of the permissible use of market fees and emphasized that fees should be used primarily for services related to the market operations.7. Justification for the increase in market fees:The Court found that the increase in market fees from Rs. 2/- to Rs. 3/- per hundred rupees was not justified. The decision to raise the fee was based on an incorrect understanding that the fee could be used for general agricultural development and welfare, which was beyond the permissible scope. The Court directed the Market Committees and Boards to revert to charging a maximum of Rs. 2/- per hundred rupees until a proper justification for any further increase could be established.Conclusion:The Court allowed the appeals and writ petitions to the extent that the increase in market fees to Rs. 3/- was invalid. It directed that market fees should not exceed Rs. 2/- per hundred rupees unless justified by proper budgets, estimates, and balance sheets demonstrating the necessity for such an increase. The Court emphasized the need for transparency and accountability in the use of market fees, ensuring they are spent primarily on services directly benefiting the payers.