Prakashrao K. Vaidya vs State Of Karnataka on 3 July, 1985
7. Clause 2(a) of the 1966 Order defines the expression "crusher." According to the definition, crusher means a crusher drawn by bullock or any other animal and engaged or ordinarily engaged in the crushing of sugarcane and includes any equipment for manufacturing gur, shakkar, gul, jaggary, rot or khandasari sugar. Reliance is also placed on Clause 7(a) of the 1966 Order which provides that the Central Government may by order direct that a crusher not belonging to a grower or a body of growers of sugarcane, or a power crusher or a khandasari unit shall not be worked except under and in accordance with a licence issued by the Central Government in this behalf. No doubt the aforesaid Clause 7(a) of the 1966 Order and Clause 3 of the Mysore Licensing of Crushers (Amendment) Order, 1971 are similar; but it is not possible to hold that the pronouncement of this Court in K. Rama Murthy's case, ILR (Karnataka) 1973, 681 governs the case on hand, because in addition to 1966 Order there is now 1980 Order passed by the State Government in exercise of its power conferred by Clauses 6, 7, and 9 of the Sugarcane (Control) Order, 1966 read with G.S.R. 1127 dated 16th July, 1966 of the Government of India. 1980 Order specifically provides for obtaining the licence for operating a power crusher and also for operating a crusher. Clause 3 (a) of 1980 Order porvides that "no person other than a person who is actually growing sugarcane in the reserved area mentioned in Sub-clause (3) shall be eligible for obtaining a licence under this order. The crusher to be so licensed shall be established in or close by such a licensee's sugarcane area". Thus Clause 3(a) makes it clear that only the grower of the sugarcane in the reserved area is entitled to obtain a licence for operating the crusher and such a crusher shall have to be installed in or close by his sugarcane area. Clause 3 provides that no person shall in any area reserved for any sugar factory and in area within the distance of 20 miles from the limits of such reserved area work a power crusher except in accordance with the conditions contained in the licence issued by the Deputy Commissioner, in Form No. I. We are not concerned in these petitions with the operation of power crushers. The claim of the petitioners is that in the area reserved for a sugar factory they are entitled to operate a crusher drawn by bullock or any other animal to crush sugarcane grown by them in the reserved area. Clause 3(a) read with Form No. I of 1980 Order, makes it clear that in the area reserved for a sugar factory, it is only that person who actually grows sugarcane is eligible for obtaining a licence in Form No. I to operate a crusher to crush-sugarcane. Here the crusher means a crusher as defined in Clause 2(a) of 1966 Order, and not a power crusher. Licence to operate a power crusher or a crusher is issued in Form No. I of 1980 Order. Column No 4 in Form No. I requires that full description of the sugarcane crusher licensed for operation must be given; such as whether it is operated by animal, H.P. Type and make, crushing capacity, whether owned or hired. Therefore, it is not possible to hold that a crusher drawn by bullock or any other animal can be operated by a grower of sugarcane in the reserved area without obtaining a licence. He is eligible and is required, to obtain licence in Form No. I. Thus, the definition of "crusher" as contained in 1966 Order and Clause 3(a) of the 1980 Order, and Licence in Form No. I, read together make it clear that even for operating a crusher drawn by bullock or any other animal a licence is required to be obtained.