Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... , objects and reasons and the scheme of the agricultural produce marketing (regulation) act, 1996, the predominant object clearly being regulation and control of trading of agricultural produce, the marketing committee including its functionaries cannot be said to be performing functions which are sovereign in character, and most of its functions could be undertaken even by private persons and therefore, the committee would fall within the definition of 'industry' under section 2(j) of the act. ..... of sovereignty, the onus will be on the department.10.1 in support of his contentions, the learned counsel relied upon the following decisions :[a] the decision of the supreme court in agriculture produce market committee v. ..... agricultural produce market ..... protecting and preserving forest and all the activities of the irrigation department amounted to rendering services to the people and satisfied their wants and desires to have an agreeable environment and adequate supply of forest produce in a regulated manner as well as the irrigation facilities.16.1 the triple ingredients spelt out by the supreme court in bangalore water supply case (see paragraphs 37 to 40 and 161 of the judgement) are to ..... (4) lln 1190, holding that uttar pradesh jal nigam was an industry within the meaning of section 2(j), and the decision of the karnataka high court in tungabhadra board, tungabhadra dam, hospet, bellary district v. ..... chapter ii of that act relates to reserved forests and empowers the state government .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR916
..... coming to mysore decision, the point which the learned judges considered in that case was whether section 65 of the mysore agricultural produce marketing (regulation) act (27 of 1966), contemplated a levy of market fee on plurality of transactions or not ..... if, however, the above quoted observations of mysore agricultural produce marketing (regulation) act are construed in the manner in which the petitioners do, we have no hesitation in observing that looking to the provisions, of the act, such a construction is not possible.29 ..... can be removed is the establishment of regulated markets...it is now proposed to provide for better regulation of buying and selling of all agricultural produce including cotton and the establishment of regulated markets for that purpose in this province....agricultural produce has been defined in the bill to include the produce of horticulture and animal husbandary and power is taken to regulate the buying and selling of any agricultural produce not mentioned in schedule by notification in the bombay government gazette.power is taken to exercise control over the purchase and sale of agricultural produce in specified areas. ..... section 23 of the act which is placed in chapter iv provides that a market committee shall exercise the powers and perform the functions and duties conferred or imposed upon it by the act and the rules, section 26 prescribes the duties of the market committee as under:26 ..... (xii) and' (xiii) define the words 'market' and 'market area'. .....
Tag this Judgment!Court : Gujarat
..... so far as various panchayats, market committees and municipal corporations under the gujarat panchayats act, 1993, the gujarat agricultural produce market committees act, 1963 and under the bpmc act, 1949, respectively, are concerned. ..... any other refinancing agency directly and not necessarily with only the federal tier to which it is affiliated;(7) powers taken from laying down guidelines for the purpose of payment of dividend by primary agricultural credit co-operative societies in consultation with nabard.in addition to above, the provisions are also made for exclusion of defaulters from the voters list, provisions for maintaining bad deb reserve fund and ..... the banking regulation act, 1949 has been made applicable to the co-operative banks under part v of the said act, by act 23 of 1965 with effect from 1.3.1966; once it was repealed and subsequently substituted by act 61 of ..... the state undertakes to bring in amendments to or incorporate a special chapter in the gujarat state co-operative societies act, 1961 to give effect to the reforms envisaged under the package in respect of all entities ..... operative principles visualize co-operative institutions as democratic organization controlled by the members making elected representative responsible and ..... central bank" should be applied to all local financing institutions directly financing the primary societies "within an area sufficiently limited to allow them to exercise also the duties of supervision and control over these societies". .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj78; (1971)GLR71
..... on november 2, 1939 the legislature of the province of bombay enacted an act called the bombay enacted an act called the bombay agricultural produce markets act, 1939 (hereinafter referred to as 'the bombay act') to provide for better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the province of bombay. ..... patel appearing on behalf of the petitioners in both the special civil applications contended as follows:-(1) that the area declared as market area, market proper and market yard is so wide that the sale and purchase or tobacco cannot be controlled and, therefore, the notifications declaring such areas are invalid. ..... laid down in chapter iv of the central excise rules, 1944, special obligations have been laid down on growers of tobacco and those who store tobacco; and certain registers and books have to be maintained as laid down in those rules; and it was contended that if the central excise rules have to be complied with, then the scheme of the market-area, market-yard market proper, and the market committee under the bombay act, 1939 and gujarat act of 1963 becomes ..... rs.1966-67 58,984 1,95,084 81,0131967-68 75,325 3,24,821 96,1431968-69 87,621 2,81,770 1,22,546 it is stated that the surplus would not be sufficient for the purpose of acquiring lands as set out herein and more funds would be required for setting up warehouses and sub-market yards, in strategic areas. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1140
..... rule 53 of the bombay agricultural produce markets rules authorising levy of fees at a rate specified in the bye-laws was declared ultra vires section 11 of the said act which empowered the market committee, inter alia, subject to such maxima as may be prescribed to levy fees on the agricultural produce bought and sold by licensees in the market area since no maxima was ..... 1 1 1--------------------------------------------------------------------------------provided that in respect of lands falling within the urban agglomerations to which the urban land (ceiling and regulation) act, 1976 (act 33 of 1976) applies, assessment at double the rates mentioned above shall, with effect on and from 1st august 1979 be fixed so long as the land in question is not put to non-agricultural use for which permission is granted or deemed to be granted.explanation- for the purpose of this table, the expression ..... agricultural assessment in accordance with the rules contained in chapter xiii in respect of any land held or used for non-agricultural ..... far as section 11 is concerned the legislature did not intend that the control of the state government over levy of fees should be done away with ..... this challenge found favour with the karnataka high court which held that rule 81 under ..... 1966]3scr557 held that there cannot be successive notifications under section 6 of the land acquisition act with respect to the land in a locality specified in one notification under section 4(1) of the land acquisition act .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj124; (1970)0GLR226
..... the sections which was introduced by that ordinance in the bombay agricultural produce markets act xxii of 1939 was section 29b which validated, inter alia, the ..... gujarat promulgated the bombay and saurashtra agricultural produce markets (gujarat amendment and validating provisions) ordinance ..... capital value of a building or land, as the case may be, or on the basis of a percentage of such capital value, and imposed, collected or recovered by the municipality at any time before the commencement of this act shall be deemed to have been invalidity assessed, imposed, collected or recovered by reason of the assessment being based on the capital value of the percentage of the capital value, and not being based on the annual letting ..... house tax is a rate by the following facts:(1) the use of the word 'rate' in rules 2 and 11 and schedule e to the rules: (2) rule 5: (3) section 75 (1), clause (iii) of the boroughs act; (4) the absence of any provision for assessment of the house tax in the rules; and (5) the fact that actually, the municipality followed the procedure prescribed in sections 78 to 89 for assessing house tax on the rate-payers ..... 11 is concerned, the legislature did not intend that the control of the state government over levy of fees should be ..... from the above provisions, it is quite clear that, the chapters on municipal taxation and recovery of municipal claims dealt with, broadly speaking among other subsidiary topic, the topic of the imposition of a tax, ..... in (1966) 7 ..... xiii .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1202
..... were inserted was, as per its declaration contained in section 2 of the amendment act, enacted for giving effect to the policy of the state towards securing principles specified in clauses (b) and (c) of article 39 of me constitution of india and in particular, but without prejudice to the generality of the declaration, for providing that the ownership and control of the agricultural resources of the community are so distributed as best to subserve the common good, ..... under which states could approach the parliament to enact a law which would have uniform applicability as was done while enacting the provisions of the urban land (ceiling and regulation) act, 1976. ..... state of gujarat reported in 0044/1965 : (1966)glr156 , a division bench of this court, considering the question as to whether the provisions of the bombay labour welfare fund act, 1953, affecting the unclaimed dues of some employees who may have gone outside the state, was extra-territorial in operation, held that the unpaid accumulations defined under the act would be earned by the employees within the stale ..... the proposition canvassed will produce a startling result as it cannot he the intention behind the provisions of article 252(1) to denude the other state legislatures who do not approach the parliament of their power to make laws, on ..... to that effect has been upheld by the supreme court in the context of the chapter of fundamental rights hasmukhlal v. ..... referred to by the supreme court in the state of karnataka v. .....
Tag this Judgment!Court : Gujarat
..... enactments such as the oil fields (regulation and development) 1948, mines act 1952, the mines and minerals (development and regulation) act 1957, petroleum and natural gases rules 1959, the petroleum and minerals pipelines (acquisition of right of user in land) act 1962 and the oil industry development act 1974 have been passed by the parliament ..... was contended that the production of articles in the steel foundry and in the jute mill division is only ancillary activity to the main business of the assessee and since the articles produced in these two supplemental undertakings help in producing identical articles which has been the end product of the assessee main business and the provision cannot come to the aid of the assessee. ..... of bihar 50 itr 171; national agricultural cooperative marketing federation of india ltd v. ..... explanation has not modified any charging provision but is a part of the chapter dealing with deductions from profits and gains and was not susceptible to any challenge ..... a foreign investor operates within the territory of a host country, the investor and its properties are subject to the legislative control of the host country, along with the international treaties or agreements. ..... state of karnataka (2011) 9 scc 1, has held in paragraph 168 that article 300a proclaims that no person can be deprived of his property save by authority of law, meaning thereby that a person cannot be deprived of his property merely by an executive ..... (xiii) a company does not have .....
Tag this Judgment!Court : Gujarat
..... enactments such as the oil fields (regulation and development) 1948, mines act 1952, the mines and minerals (development and regulation) act 1957, petroleum and natural gases rules 1959, the petroleum and minerals pipelines (acquisition of right of user in land) act 1962 and the oil industry development act 1974 have been passed by the parliament ..... was contended that the production of articles in the steel foundry and in the jute mill division is only ancillary activity to the main business of the assessee and since the articles produced in these two supplemental undertakings help in producing identical articles which has been the end product of the assessee main business and the provision cannot come to the aid of the assessee. ..... of bihar 50 itr 171; national agricultural cooperative marketing federation of india ltd v. ..... explanation has not modified any charging provision but is a part of the chapter dealing with deductions from profits and gains and was not susceptible to any challenge ..... a foreign investor operates within the territory of a host country, the investor and its properties are subject to the legislative control of the host country, along with the international treaties or agreements. ..... state of karnataka (2011) 9 scc 1, has held in paragraph 168 that article 300a proclaims that no person can be deprived of his property save by authority of law, meaning thereby that a person cannot be deprived of his property merely by an executive ..... (xiii) a company does not have .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... democaratic functioning thereof are sought to be controlled or regulated by the impugned provisions without amending section 4 of the principal act which incorporates those principles, the result is that a clear repugnancy ensures between the provisions of ..... that the provision has been envisaged and inserted in the principal act at the instance of the reserve bank of india and the craficard in the context of primary agricultural credit societies since the continuation of non-viable primary credit societies ..... ), which was constituted by the central government under section 10(1)(a) of the industrial disputes act, 1947, that the bank should produce amongst other documents, statement showing the secret reserves in any form from each of the ..... on both the grounds, the majority court held that the karnataka co-operative societies act which did not provide any compulsion for any person to ..... and proper implimentation of the production programme linking and co-ordinating marketing and credit activities of co-operative societies and conforming to co-operative discipline for such purpose. ..... act by the impugned act of 1981, insofar as it inserted proviso to section 74 and added section 74-a to 74-c and chapter xi-a by sections 2, 3 and 4, respectively, of the said amending act, has misfired for all intents and purposes since the legislature has proceeded on an assumption that there are no definite co-operative principles constituting the basic structure of co-operation in the principal act ..... 1966 .....
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