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Writ Petition No.1452 of 1984, decided on 11th May, 1985.
---Provisions of two enactments in conflict--Held, provisions of enactment later in date would prevail--Punjab Local Government Ordinance (VI of 1979), S.3 (xiii)-- Punjab Agricultural Produce Markets Ordinance (XXIII of 1978), S.2. Muhammad Ghias and others v. Market Committee, Kamalia and another P L D 1982 Lah. 710 rel.
---S.2--Punjab Local Government Ordinance (VI of 1979), S.3(xiii)--'Beef'--Market Committee has authority under Ordinance XXIII of 1978 to regulate business of livestock--Local Council has same powers with regard to regulation of business of livestock under Ordinance VI of 1979--Market Committee having been authorized by earlier enactment, held, had no authority to regulate business of livestock.
Sh.Ziaullah for Petitioners.
Jariullah Khan for Respondent.
Date of hearing: 11th May, 1985.
The petitioners sell beef in Kamalia Town. They received a notice from the Market Committee Kamalia asking them to provide various statistics and to obtain a licence from the Market Committee for dealing in beef. The contention of the petitioners is that the Market Committee is not competent to issue any notice or to ask the petitioners to seek licence from them. 2. Beef is an agriculture produce and is covered by the definition of Livestock under section 2 of the Punjab Agricultural Produce Markets Ordinance, 1978. Beef is also covered by the definition of Foodstuff under the Punjab Local Government Ordinance, 1979. Under the 1978 Ordinance the Market Committee has the authority to regulate the business of Livestock. Similarly under the Punjab Local Government Ordinance, 1979 the Urban Local Council has the power to do the same within the area of the Council. On account of this overlapping of functions the powers of the Market Committee vis-a-vis that of the Municipal Committee require consideration. This question arose in the case of Muhammad Ghias and others v. Market Committee, Kamalia and another P L D 1982 Lah. 710. Incidently it was the same Market Committee which was involved in that case. It was held by a Division Bench of this Court that since the Local Government Ordinance was later in date that law will prevail and not the provisions of the 1978 Ordinance. The principle laid down in that case will be attracted to the facts of the present case. It is clear, therefore, that the Market Committee has no authority to require the petitioners to obtain a licence or provide statements under the Ordinance of 1978. The writ petition is, therefore, allowed and the notice dated 1-4-1984 is declared to be of no legal effect. A.A. Petition accepted.