' 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 PLD 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.