Saraswati Sugar Mills vs Haryana State Board And Ors on 22 October, 1991
26. Learned Counsel for both the parties agreed that the Entry 15 of Schedule I has been amended after the decision of the Apex Court in the case of Saraswati Sugar Mills v. Haryana State Board (supra) in which industries involved in the manufacturing of alcohol from molasses has been held not covered within the Entry "processing of animal or vegetable product industry. Apex Court held that sugar cane is not a vegetable product and accordingly, held that industry involved in the manufacturing of alcohol from the molasses do not fall within the Entry 15 of Schedule I. In Entry 15 industry involved in the processing of all agriculture product appears to have been included with the view to cover Industries manufacturing alcohol from molasses by the processing of distillation. In exercise of power conferred under Section 17 of The Water (Prevention And Control of Pollution) Cess Act, 1977 Central Government made rule namely, The Water (Prevention And Control of Pollution) Cess Rules, 1978, which came into force w.e.f. 24.07.1978. In serial No. 7 of the Schedule processing of animal or vegetable products industry including processing of milk, meat, hide and skin, all agricultural products and their waste is mentioned. In the aforesaid Schedule categories of industry are mentioned. In Column 3 of Schedule from A to I "distillery" is mentioned. This shows the intent of the Legislature to include distillery within the ambit of the industry involved in the processing of milk, meat, hides and skin, all agricultural products and their waste.