Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)57ITD109(Delhi)
..... the assessee stated in reply dated 28-3-1994 that as per section 38(4)(vii) of the delhi agricultural produce marketing (regulation) act, 1976, the delhi agricultural marketing board is required to give aid to financially weak market committees in the shape of loans or grants or both and that in that sense the assessee was also ..... this ground are that the assessee is a market committee constituted under the delhi agricultural produce marketing (regulation) act, 1976. ..... section 144 has been validly made.3.1 with reference to the claim that the assessee was a local authority, the learned counsel for the assessee filed written submissions before the learned cit(a), wherein it was explained that the assessee came into existence as a result of enactment of delhi agricultural produce marketing (regulation) act, 1976, which was enacted to provide for better regulation of the purchase, sales, storage and processing of agricultural produce and the establishment of markets for agricultural produce in the union territory of delhi ..... or village panchayat, that it was not a local authority in the true sense, that under section 9 of the delhi agricultural produce marketing (regulation) act, 1976 certain members were to be elected by the agriculturists and certain members were to be nominated by the administrator representing agriculturists from adjoining states, which made the apmc, azadpur zonal authority/body rather ..... provisions of section 9 which provide for the composition of market committees. .....
Tag this Judgment!Court : Delhi
Reported in : 122(2005)DLT699; 2005(83)DRJ617
..... the delhi agricultural produce marketing (regulation) act, 1976 was enacted by parliament in order to 'provide for the better regulation of the purchase, sale, storage and processing of agricultural produce and the establishment of market for agricultural produce in the union territory of delhi and for matters connected therewith or incidental thereto. ..... the petitioners are holders of category `a' [traders/wholesalers] licenses issued by the narela agricultural produce marketing committee, having been carrying out their trade from the narela mandi for several decades. ..... repeal and saving- (1) the delhi agricultural marketing (regulation) act, 1976 (87 of 1976) (hereinafter referred to as the said act) is hereby repealed.provided that such repeal shall not affect the previous operation of the enactment aforesaid and anything done or any action taken (including any appointment, delegation or declaration made, notification, order, rule, regulation, direction or notice issued, bye-law framed, marketing committee established, licenses granted, fees levied and collected, instruments, executed, any fund established or constituted by or under the provisions of the ..... section 5 deals with the establishment and composition of the delhi agricultural marketing board. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540
..... appellant-committee is established under the delhi agricultural produce marketing (regulation) act, 1998 ('1998 act', for short). ..... the view taken was that the amended provisions of section 10(20) of the 1961 act were not attracted to 'agricultural produce marketing societies' or 'agricultural market boards' even when they may be local authorities under central or state legislations.6. ..... to make recommendations to the director for establishing principal market and sub-markets as per provisions of sub-section (2) of section 22; (b) to approve proposal for providing infrastructural facilities in the market and market area; (c) to construct a market or to approve plans, designs and estimates for constructing markets; (d) to sanction, supervise and guide a marketing committee in the preparation of plans and estimates for maintenance and improvement works undertaken by the marketing committee;(e) to execute all works chargeable to the market development fund;(f) to encourage marketing of the agricultural produce on cooperative basis;(g) to maintain accounts in such forms ..... (c) no.6757 of 2007) states that 'agricultural produce marketing boards' and 'agricultural marketing societies' are not entitled to exemption after insertion of the said explanation in section 10(20) of the 1961 act. ..... before analyzing the submissions made, we quote hereinbelow the relevant sections of the delhi agricultural produce marketing (regulation) act, 1998 which read as under:chapter ipreliminary 2. .....
Tag this Judgment!Court : Delhi
Reported in : (2001)165CTR(Del)298; [2001]250ITR369(Delhi)
..... the director shall appoint on behalf of such persons the required number of persons qualified to be elected (section 13).elect one of its elected members to be its vice chairman (section 9)the delhi agricultural produce marketing (regulation) act, 1976the punjab agricultural pro-duce marketing act, 1961(1)(2)(3)1. ..... represent the interests of consumers(1) nomination by director in the case of where an election does not result in the return of required number of qualified persons to take office.ii) when the market commit-tee is constituted for the first time all the members thereof, including chairman and the vice-chairman to be nominated by the administrator from among the members of the comcommittee(iv) the market comcommittee to elect one of its elected members to be its vice-chairman (section 9)the delhi agricultural produce marketing (regulation) act. ..... the measure of popular represen tation in a market comcommittee(i) composition of market com- committee o (0 every market comcommittee shall consists of the following :(a) six members to be elected by the agriculturists residing in the market area and holding agricultural land in the union territory of delhi with the provision for nomination of 50 per cent, of such members by the administrator in certain cases. ..... the assessed-comcommittee was formed under the delhi agricultural market produce marketing (regulation) act, 1976 (in short 'the marketing act'). .....
Tag this Judgment!Court : Delhi
Reported in : 115(2004)DLT333
..... with effect from 2.6.99, the act of 1976 stood repealed and was replaced by the delhi agricultural produce marketing (regulation) act, 1998. ..... it is further the case of the second respondent that under section 55, power to maintain and regulate the marketing of agricultural produce in a market area, which would include sale and delivery of agricultural produce, is the power of the marketing committee. ..... further, under section 55(2)(g), the marketing committee has the power to regulate the marketing of agricultural produce in a market area, which power includes the power to specify a place or a spot where notified agricultural produce shall be stored or displayed for purpose of sale by open auction.31 ..... these licenses are issued by the marketing committee under section 80 of the act.12. ..... section 55 of the new act lists the powers and duties of the marketing committees. ..... it was open to the board/committee to acquire the land in exercise of power under section 55(2)(i) and develop the market on the acquired land. ..... further, the marketing committee(s) has been vested with the power, under section 55(2)(i), to acquire, hold and dispose of immoveable property for the purpose of efficient discharge of its ..... vide section 55(2)(i) the marketing committee has the power to acquire, hold and dispose of any immoveable property necessary for the purpose of carrying out its duties ..... power and function of the board, vide section 17, is to exercise superintendence and control over the marketing committees. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1999Delhi374; 81(1999)DLT3
..... said notices relate to the grant of license under the provisions of the delhi agricultural produce marketing (regulation) act, 1976 (hereinafter referred to as 'the act') and rules framed there under known as delhi agricultural produce marketing (regulation) (general) rules, 1978 (hereinafter referred to as 'the rules'). ..... agricultural produce marketing committee ..... 1, agricultural produce marketing committee acted in pursuance to the directions of this court as referred to above and filed application under section 151, cpc, c.m. ..... further be mentioned that in respect of those small shop owners who had picked-up business as commission agents as they were earlier granted 'b' agents, the committee does not intend to disturb their livelihood at this juncture and accordingly the defendant committee has decided to renew 'b' category licences of only 55 small shop owners (highest market fee payers) on the basis of market fee paid by them keeping in view the limited space available for marketing operations in the mandi. ..... is contended that there is clear violation of the directions of section 35 of the act and regulation 18 of the rules and respondent no. ..... the same in an appropriate proceeding such as taking recourse to the right of appeal as provided under section 36 of the act or any other remedy as may be permitted in law. ..... portion of this application which will give full particulars of the decision now taken by the committee is stated in paragraph 6 which may be reproduced as follows:'6. .....
Tag this Judgment!Court : Delhi
Reported in : 2006(2)ARBLR374(Delhi); 131(2006)DLT411; 2006(90)DRJ86
..... the second issue arises from the objection of the respondent that the petitioner has an alternative remedy by filing a revision petition under section 121 of the delhi agricultural produce marketing (regulation act, 1998. ..... , the following issues were framed on 11.11.2005:whether the clause in question amounts to an arbitration clause in an agreement;ii) whether the arbitration is maintainable in view of an alleged alternative remedy available to the petitioner by filing a revision petition u/s 121 of the delhi agricultural produce marketing (regulation act, 19988. ..... the act was made with the following object:an act to provide for the better regulation of marketing of agricultural produce and the establishment of markets for agricultural produce in the national capital territory of delhi and for matters connected therewith or incidental thereto.33. ..... it would, thus, be obvious that the object with which the act was brought into force was the regulation of marketing of agricultural produce and establishment of markets for agricultural produce. ..... section 121 only envisages a revision petition whereby the government has been authorised to reverse or modify an order of the board or any of its officers passed in exercise of the said act, if such an order is not in accordance with the provisions of that act or any rule or regulation or bye-law made there under. .....
Tag this Judgment!Court : Delhi
Reported in : 2005CriLJ83; 123(2003)DLT401
..... urged that the petitioners were carrying on business as commission agents within the market area without obtaining the requisite license under the delhi agricultural produce marketing regulation act. ..... the petitioners did not dispute that as per the delhi agricultural produce market regulations act, turnover fee is payable by traders who carry on business within the precincts of a market.14. ..... the office-bearers of the delhi agricultural marketing board and gazipur subzi mandi, apmc shahdara, delhi.4. ..... bench of this court in the decision reported as : 62(1996)dlt423 agriculture produce market committee v. ..... is stated that petitioners are confusing between the license required by a person to carry on trade within the precincts of a market and allotment of space within a market by apmc committee for carrying on business. ..... rules of the marketing committee, for business conducted within the market, fee is payable ..... avnish ahlawat, learned counsel for the respondent stated that plans for extension of the market have been finalized and it is expected that in the near future additional space would ..... the tresspass, respondents agreed that on the petitioners clearing the outstanding market fee, they would be considered and would be issued the statutory license to carry on business within the market area and further, subject to availability, space would be allotted. ..... is urged that the amount deposited by the petitioners was towards market fee in respect of business conducted by the petitioners in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(1)BomCR50
..... section 35 of the maharashtra agricultural produce marketing (regulation) act, 1983 reads as under :'35(1) a market committee may employee a secretary and such other officers and servants as may be necessary for the management of the market, for the collection, maintenance, dissemination and supply of information relating to crops, statistics and marketing intelligence and for carrying out its duties under the act; and shall pay such officers and servants such salaries as the market committee thinks fit. ..... that assuming that the industrial employment (standing orders) act and the bombay industrial employment (standing orders) rules together with modern standing orders apply to the market committee, still in view of the provisions of clause 30 of the standing orders, nothing contained in the standing orders can operate in derogation of any law for the time being in force and rules framed under the maharashtra agricultural produce marketing (regulation) act is such a law within the meaning of the said clause ..... and 104 of the rules, which deal with discharge, penalties or the dismissal, removal or reduction of the employees are ultra vires being beyond the scope of rule-making power conferred on the state government under section 35 or 60 of the maharashtra agricultural produce marketing (regulation) act, 1963 (hereinafter called as the said rules or the act as the case may be). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1127; 1981(1)SCALE334; (1981)2SCC722; [1981]2SCR866
..... later by the impugned notification dated december 5, 1978, the subsidiary markets were abolished and the market at turbhe alone was declared as the principal market for the area comprising greater bombay and turbhe village.it was argued on behalf of the petitioners that the maharashtra agricultural produce marketing (regulation) act 1963 did not invest the director of marketing or the market committee with any power to compel a trader to transfer his activity from a previously e xisting market to a principal or subsidiary market established under sec. ..... there can be no question of any inconsistency between section 6 and rule 5.yet another submission of the learned counsel was that the bombay agricultural produce markets act 1939 and the agricultural produce marketing acts of other states such as karnataka provided or indicated by express provision th at once a market was established it was not permissible to market or trade in agricultural produce outside the market, and that the absence of such an express provision in the maharashtra act showed that no such ban was contemplated by the act. ..... the area comprising greater bombay and turbhe village is deemed to be a market area for the purposes of the act and a market committee is constituted with a different composition from other market committees.sec. ..... the words "belonging to a producer" were omitted by a 1976 amendment and this makes the provisions of s. .....
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