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Showing contexts for: Section 12 essential commodities act in All vs State on 9 July, 2009Matching Fragments
Shri Kamal B. Trivedi, learned Advocate General, referred to the Preamble of the Gujarat Act No.20 of 2008 as well as Statement of Objects and Reasons. Referring to Article 39B of the Constitution of India, he submitted that it empowers the State Government to make suitable statutory provisions, so as to make available the commodities essential to the citizens at fair price. Therefore, in the interest of farming fraternity, and to have free flow of supply, equal distribution and price of all kinds of cotton seeds, including transgenic cotton seeds, and to protect farmers economy, it is expedient and necessary to make suitable statutory provisions, especially when cotton seed was taken out of the purview of the Essential Commodities (Amendment) Act, 2006. Learned Advocate General submitted that Section 12 of the Gujarat Act No.20 of 2008 empowers the State Government to fix the price and price was fixed in consultation with the Gujarat State Seeds Corporation, after taking into consideration all aspects, including the interest of farmers, and also the views expressed by the National Seeds Association of India. Learned Advocate General submitted that NSAI has not challenged the pricing policy so far. Referring to the meeting held on 22.04.2008 and also the discussions held with representatives of various Associations, learned Advocate General submitted that price was fixed taking note of the interests of the Seed companies, farmers associations and in consultation with the Gujarat State Seeds Corporation. Learned Advocate General submitted that while fixing the price of Bt cotton seeds, State Government has taken into consideration the costs incurred for research and development, technology upgradation, etc., for development of Bt cotton seeds. Learned Advocate General submitted that petitioners had at any point of time not addressed the Government against price fixation. Learned Advocate General also submitted that Gujarat is a major cotton growing State in the country, wherein an area of about 20 lakh hectares of land is under the cultivation of cotton crop, and majority of its sowing area covered for getting cotton crop is being used by those farmers, who have been using Bt cotton seeds.