Court : Supreme Court of India
Reported in : AIR2000SC3116; [2000(87)FLR638]; 2000(6)SCALE461; (2000)8SCC61; [2000]Supp3SCR379
..... the question raised in this appeal is:a) whether the appellant, an agricultural produce market committee (hereinafter referred to as 'the market committee'), established under the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter referred to as 'the state act') is an 'industry' as contemplated under the industrial disputes act, 1947 (hereinafter referred to as 'the central act')? ..... it indicates it is for regulating the trading of agriculture produce within the market area, chapter vii directly deals with regulation of trading which includes grant of licences, power to cancel and suspend it, chapter viii pertains to market fund, chapter ix refers to special commodities market, chapter x deals with mandal panchayats as agents of market committee, chapter xi deals with establishment of independent markets and market committees for special commodities. ..... chandrasekhar has taken us to the various provisions of the act, namely, sections 9(3), 58, 59, 63, 65, 66, 67, 69, 72, 73 and 83 of the state act to show that the scheme of the act is to provide for the better regulation of marketing of agricultural produce and establishment and control of market for agricultural produce within the state. ..... chapter xii is about penalties, chapter xiii controls the functioning of the various officers and members including that of market committee and chapter xiv is miscellaneous which includes provisions for recovering of sums due to the market committee or board etc. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4225
..... the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 not affected - the provisions of this act in so far as they relate to markets and other premises shall not be applicable to any market established under the karnataka agricultural produce marketing (regulation) act, 1966 and the provisions of this act with respect to any other market shall be in addition to and not in derogation of the said act.'10. ..... act provides for the constitution of the market committees; chapter iv provides for conduct or business by the market committees; chapter -v provides for staff of the market committees; chapter-vi provides for power and duties of the market committees; chapter-vii provides for regulation of trading; chapter-viii provides for market fund; chapter ix provides for establishment of independent markets and market committees for special commodities; chapter -x provides for mandal panchayats to be as agents of market committees; chapter - xi provides for constitution of state agricultural marketing board; chapter -xii provides for penalties; chapter xiii provides for control of market and market committee; chapter .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4030; 2006(6)KarLJ102
..... sanjeevini accidental insurance scheme, the karnataka agricultural produce marketing (regulation) act, 1966 (the 'act' for short) came to be amended by inserting section 63(2)(a)(xiii) by act of 8 of 2001 with effect from 24.1.2001 and the same reads as under:section 63: powers and duties of market committee- (1) ... ..... to the writ petitions/appeals and the same reads as hereunder:'in view of all the facts as narrated in the preamble, it is ordered to collect the agricultural market fee at 1.5 percent in accordance with sub-clause (2) section 63 of the karnataka agricultural produce market (regulation) act, 1966, with immediate effect and until further orders, for the convenience of mobilising more resources to the revolving fund and in the interest of public.this order is issued ..... chapter xi of the act, 1966 provides for establishment of state agricultural marketing board section 111 of the act, 1966 specifies as to how the board shall expend the marketing development fund, such as improvement of the regulation of marketing in the state, to extend financial aid to the weak or needy market committees, to pay wages to the employees of the board, to propagate and publicise the matters relating marketing of agricultural produce, imparting of education in regulated marketing of agricultural produce ..... in such area in respect of specified agricultural produce so that their trading activities are monitored and controlled and they may not escape the liability of imposition of market levy'.21. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1991Kant63; ILR1990KAR1882
..... 4 of the karnataka agricultural produce marketing (regulation) act, 1966 (karnataka act 27) with effect from the date of publication of this notification in the karnataka government gazette, the marketing of jaggery (gur) and alasandi (hitherto not regulated) shall be regulated in addition to the agricultural produce already regulated in the market to the agricultural produce market committee hubli. ..... they have also sought for a direction to the respondents to comply with the procedure laid-down under the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter referred to as 'the act') for the purpose of establishing a market and, on establishment of the same, recover the market fee from the date of such establishment.3. ..... chapter 11 of the act deals with the establishment of markets, chapter iii refers to constitution of market committees, chapter iv refers to conduct of business, chapter v refers to the staff of the market committee, chapter vi relates to power and duties of market committee, chapter vii pertains to regulation of trading, chapter viii deals with the market fund, chapter ix is concerned with special commodity markets, chapter x relates to mandal panchayats as agents of market committees, chapter xi relates to state agricultural marketing board, chapter xii relates to penalties, chapter xiii pertains to control andfinally chapter xiv comprises the miscellaneous provisions.17. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005CriLJ255; ILR2005KAR5804; 2006(6)KarLJ433
..... court below has taken cognizance of the offence punishable under section 114 of karnataka agricultural produce marketing (regulation) act, 1966 ('act' for short) and ordered for issuance of process/summons against the petitioners ..... are the licensees and market functionaries under the respondent, which is established under the provisions of karnataka agricultural produces marketing (regulation) act 1966 ('act' for short) and are engaged in the business of buying and selling of notified agricultural produces in the respondent-market yard. ..... here itself that though the petitioners had an opportunity of either to compound the offence under section 70 of the act or to prefer an appeal to the director of agricultural marketing or an officer authorized by him in that behalf within 30 days from the date of communication of such order of demand as contemplated under section 83-a(1) of the 'act', the petitioners have also not chosen to avail those remedies. ..... section 473 criminal procedure code is the nature of an overriding provision according to which, notwithstanding anything contained in the provisions of chapter-xxxvi of the code of criminal procedure, the courts which are confronted with the provisions which lay down a rule of limitation governing prosecutions, will give due weight and consideration ..... of limitation, the last act of the offence control for commencement of the period ..... in a continuing offence, the last act of the offence controls the commencement of period of limitation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995(2)Crimes118(SC); JT1995(3)SC460; 1995(2)SCALE113; (1995)3SCC276; [1995]2SCR524; 1995(2)LC6(SC)
..... the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter referred to as 'the act') was promulgated with a view to provide for better regulation of marketing of agricultural produce and the establishment and administration of markets for agricultural produce and matters connected therewith in the state of karnataka. ..... on the facts of this case, we find from the record that the appellant as the secretary of the agricultural produce marketing committee, dakshin kannada district, karnataka filed a complaint before the iind addl. ..... - (i) subject to the provisions of this act, it shall be the duty of a market committee,-(i) to implement the provisions of this act, the rules and bye-laws made thereunder in the market area; (ii) to provides such facilities for transport and marketing of agricultural produce therein as the state government may from time to time direct; (iii) to do such other acts as may be required in relation to the superintendence, direction and control of markets or for regulating marketing of agricultural produce in any place in the market area, and for purposes connected with the matters aforesaid, and for ..... section 9 provides for the establishment of the marketing committee and its incorporation and lays down that save as provided for in chapter ix, for every market area, there shall be a marketing committee having jurisdiction over the entire market area. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1924
..... i') produced as annexure-r2, is issued by the state government in exercise of the powers conferred by section 5 read with section 4 of the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter referred to as the 'act') declaring that with effect from the date of publication of the notification in the official gazette, the marketing of vegetables, flowers and fruits specified in the schedule to the said notification (hitherto not regulated), in addition to the agricultural produces already regulated, shall be regulated in the market area of the market committee.3(b) the notification ..... consideration are as follows ;i) whether it is necessary to issue a fresh notification for establishing a market and a market yard as and when the new commodities are notified as 'agricultural produces'?ii) whether the locality consisting of private properties over which the market committee has no exclusive control and does not vest in the market committee, can be declared as market yard or market sub-yard ?iii) whether before issuing the impugned notifications, those who filed the objections ought ..... arbitrarily issued notifications ii to v; that even the objections filed to the draft notifications are not taken into consideration; that vegetables, flowers and fruits fall in a special category, therefore special markets are required to be established ; hence recourse to chapter iii is not warranted ; that special markets ought to have been established as per section 96 of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1856; 1994(5)KarLJ186
..... marketing act (the karnataka agricultural produce marketing regulation act, 1966), section 40 of the act reads as under:'section 4:- declaration of market area and of regulation of marketing of specific agricultural produce:-after the expiry of the period specified in the notification issued under section 3, and after considering such objections and suggestions as may be received before such expiry, the state government may, by another notification, declare the area specified in the notification issued under section 3 of any portion thereof to be a market area and that the marketing of all or any of the kinds of agricultural produce specified ..... that chapter ii of the marketing act deals with the establishment of the markets. ..... sub-section 1 of section 9 reads as under:9(1); save as provided in chapter ix, for every market area, there shall be a market committee having jurisdiction over the entire market area. ..... it has also been alleged that there will be no effective control and the agriculturists will be put to lot of inconvenience.with these allegations, the petitioner has challenged the notification-annexure-b stating that the amalgamated market yard is not only illegal, but whimsical exercise of powers vested with the authorities and therefore, liable to be quashed.3. ..... section 9 of the act provides that except as provided in chapter-9, for every market area, there shall be a market committee which committee shall have jurisdiction over the entire market area. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1605; 1995(3)KarLJ38
..... karnataka agricultural produce marketing (regulation) act, 1966, market fee is leviable and is liable to be collected by the market committee from every seller at the rate mentioned therein in respect of the agricultural produce sold in the market area ..... of the rice made under levy control order is not a transaction of the nature which may amount to sale and as such the collection of market fee in respect of those transactions is illegal and it is the act which is one to be called to be one without jurisdiction and without authority conferred by law to karnataka agricultural produce marketing committees, under the karnataka agricultural produce marketing (regulation) act. ..... releasing the commodities contained in form-d to appropriate persons mentioned in the transfer certificate and as such the transfer certificate contained in form-d cannot be attracted by the provisions of karnataka agricultural produce marketing (regulation) act, with respect to the commodities controlled by the yard. ..... by this petition the petitioner has prayed for issuance of writ of prohibition, prohibiting the enforcement officer appointed under the karnataka agricultural produce marketing (regulation) act, from demanding and collecting the market fee in respect of the transactions made by the petitioners in respect of rice which is controlled by the levy order or orders issued by virtue of entry-48 of list ii and entry-33 of list-iii of 7th schedule, since they are not covered under the enactment of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2722
..... 17/1980) by which various items of agricultural produce including oil seeds were specified in the schedule which could be notified for the purpose of regulating their marketing under the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 as also sub-section (2) of section 8 of the act, as amended by amending act 29/87, by which the sale and purchase of the agricultural produce is directed to take place only within the market yard or market sub-yard or the sub-market yard as the case may be, as also the provisions of section 65 as amended by act no. ..... the facts of the case which are necessary for the purpose of disposal of these petitions are these : the karnataka agricultural produce marketing (regulation) act, 1966 (the act for short) was enacted by the state legislature for the purpose of regulating the buying and selling of the agricultural produce and the establishment of markets for agricultural produce within the state, and received the assent of the president on 19-8-1966. ..... therefore, even on the basis that the provisions of the essential commodities act were wide enough to regulate the marketing of oil seeds, which are food stuff, the provisions of the karnataka agricultural produce marketing (regulation) act, 1966, enacted by the state legislature was equally wide enough to cover the marketing of oil seeds. ..... foodstuffs (distribution) control order, 1960. .....
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