AIR 1982 SUPREME COURT 902 ::1982 UJ (SC) 503 ::1982 (2) SCC 150 ::(1982) 3 SCR 371 (SC) ::(1982) 2 SCJ 13 ::(1982) ScCriR 1

Supreme Court Of India

Hon'ble Judge(s): D. A. Desai, A. Varadarajan , JJ

(A) Sugarcane (Control) Order (1966) , Cl.4A, Cl.4— Relative scope - Both provisions are independent - Power under Cl. 4A to prescribed rate of rebate in respect of binding material of sugarcane bundles - Exercise of - Fixing minimum price of sugarance in not a pre-condition. Essential Commodities Act (10 of 1955) , S.3— Clause 4A stands on an independent footing and it is independent of cl. 4. Cl. 4A is neither inter-dependent nor-interrelated to Cl. 4A visualises a situation in which either the minimum price of sugarcane is fixed under Cl. 4 or where no such price is fixed, the price agreed to between the sugarcane grower and the producer who purchased sugarcane and even in this latter situation the power to prescribe rate of rebate only in respect of binding material is conferred on the Central Government or the authorities set out in the third proviso to Cl. 4A. Therefore, fixing of the minimum price may be a pre-condition to the exercise of power under the third proviso of Cl. 4, as far as Cl. 4A is concerned, even where the price to be paid by the producer to the sugarcane grower is the one negotiated between the two, the producer or his agent will have to allow that much rebate and no more for binding material if notified in exercise of the power conferred by the third proviso.(Para 9) It cannot be sa....