Court : Karnataka
Reported in : 1997(1)KarLJ463
..... when this being the position, the position in the present case is that bye-laws had been framed by the davangere market committee in exercise of the powers under section 148 of mysore agriculture produce marketing regulation act, 1966. ..... their case is that the first respondent government of karnataka issued a notification under section 5(3) karnataka agriculture produce marketing regulation act (hereinafter referred' to as 'the act') indicating its intention to regulate the marketing of some more items mentioned therein, which includes pulses, in the market area as well as control of marketing thereof. ..... annexure-b issued by the first respondent until compliance is made by the respondents as provided under sections 6(4), 7, 9 and 63 of the karnataka agriculture produce marketing committee act;b) issue a writ/order/direction in the nature of writ of mandamus or direction not to demand and collect market fee from the petitioners until the executive orders are issued under section 7 of the act after satisfying the bye-laws or resolution passed by the third respondent market committee in implementing the intention of regulating the additional items vide annexure-b notification bearing no. ..... they have obtained necessary licenses under karnataka essential commodities licensing order, 1986 and karnataka agriculture produce marketing regulations act, 1966 as well as karnataka sales tax act, 1957. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR4272; 2001(6)KarLJ509
..... the object for bringing out this amendment is very clear which reads:'section 11 of the karnataka agricultural produce marketing (regulation) act, 1966 provides for constitution of second and subsequent market committees, there was no provision for nomination of members to a market committee except nomination of an officer by the director of agricultural marketing. ..... the petitioner is challenging the validity of section 11(1)(ix) of the karnataka agricultural produce marketing (regulation) act, 1966 (for short, 'the act') to the extent of providing voting right to members nominated under this section.2. ..... accordingly, the karnataka agricultural produce marketing (regulation)(amendment) ordinance, 1997 was promulgated on 22nd may,1997'.from this it is clear that the government felt it necessary to nominate 3 members for the utilisation of funds for various developmental activities and that being the case, the government conferred the voting power also on those nominated powers to vote to give effective administration of the marketing committee. ..... therefore, the argument of the learned counsel for the petitioner that clause (ix) of sub-section (1) of section 11 incorporated by the agricultural produce marketing (regulation) (amendment) bill, 1998, and prior to that, there was no question of the government nominating 3 members to the committee is liable to be accepted. .....
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. ..... been included, as an agricultural produce which could be regulated under the provisions of the act, is repugnant to the provisions of the essential commodities act, 1955 and as act 17/80 had not received the assent of the president, to that extent the amending act must yield to the essential commodities act in view of articles 254(2) of the constitution.4) section 65 of the act as amended which provides that the market fee shall be paid to the market committee within such time as may be specified by the market committee in the bye-laws and section 65-a which provides levy .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2091; 1994(5)KarLJ306
..... the ordinance reads as under:'amendment of section 8: in section 8 of the karnataka agricultural produce marketing (regulation) act, 1966 (karnataka act 27 of 1966) :- (1) for sub-section (2), the following sub-section shall be substituted namely:- '(2) only the market yard, market sub-yard or sub-market yard shall used for purchase or sale of notified agricultural produce. ..... without or otherwise than in confirmity with the terms and conditions of a licence granted by the market committee on this behalf - (i) use in any place in the market area for the marketing of the notified agricultural produce or- operate in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, warehouseman, or in any other capacity in relation to the marketing of the notified agricultural produce. ..... may establish or continue any place for retail sale of any notified agricultural produce subject to the condition that no market functionary shall operate in such place except in accordance with the provisions of this act and the rules and the bye-laws and standing orders of the market committee. ..... sale proceeds are more than the fee or other amount due, the excess amount shall, after deducting the charges incurred by the market committee, be refunded in the prescribed manner; provided that in the case of perishable notified agricultural produce the officer or servant may dispose of the same before the expiry of the period of ten days if in his opinion such disposal .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR4087; 2000(2)KarLJ101
..... orderconstitutional validity of section 44(2) of the karnataka agricultural produce marketing regulations act, 1966, has been assailed in this ..... of grounds- he has also assailed the constitutional validity of section 44(2) on the ground that the same suffers from the vice of excessive delegation in that the director has been empowered to issue an order of removal of the chairman without there being any guidelines to regulate the exercise of the discretion vested in him.3. mr. vedavyasachar, counsel appearing for the petitioner contended that the no-confidence motion had in terms of section 44(3) of the karnataka agricultural produce marketing committee regulation act, 1966, to be discussed in the meeting before the ..... to the resolution passed by the committee the third respondent-director of agricultural produce marketing committee by an order dated 12th of november, 1998 removed the petitioner from the post of chairman of the committee. ..... order issued by the third respondent-director of agricultural marketing committee dated 12th of november, 1998, under section 44(2) of the act, has also been called in question. ..... the third and the only other argument advanced on behalf of the petitioner was that the director of agricultural marketing was in terms of section 44(3) of tbe act was under an obligation to not only issue a notice to the petitioner but also to hold an enquiry before he could make an order of the removal of the petitioner from the post of the chairman of the committee .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR116
..... petition under article 226 of the constitution, the petitioner has sought for a declaration that sub-section (2) of section 8 of the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter referred to as the 'act') as amended by karnataka act no. ..... secretary, tiptur agriculture produce market committee, tiptur, w.p. ..... the bye-laws :'(1) as per section 85(1)(iv) of the kapm (r) act, 'd' class traders shall purchase the notified agricultural produce from the wholesale traders for sale to the consumers for domestic purpose and shall obtain the 'd' class licence from the market committee. ..... , learned counsel for the petitioner, is that quantity of sale of notified agricultural produce ought to have been fixed by the legislature and it ought not to have been left to the market committee for the purpose of determining whether one is a retail trader or a ..... of retail sale in respect of several notified agricultural produces depends upon the nature of the notified agricultural produce and local conditions, the legislature has rightly left it to the market committee to determine the quantity of sale. ..... definition, 'retail sale' means, the sale of notified agricultural produce to a consumer for domestic consumption not exceeding such quantity as the market committee may, by bye-laws or standing orders determine. ..... has also prayed for issue of a writ in the nature of mandamus directing the agricultural produce marketing committee, bangalore, to issue him 'd' class licence. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4030; 2006(6)KarLJ102
..... in order to make it statutorily enforceable the floor price scheme and raitha 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) ... ..... sa.e.277 mre 2002 (part)-annexure 'c' 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 with the concurrence of the finance department vide ..... 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, etc. .....
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 dated 3-8-1979 bearing no. ..... it has nothing to do with the establishment of market sub yards and notifying the commodities as agricultural produces ; therefore, it is not possible to accept the contention of learned counsel for the petitioners based on the provisions contained in section 7 of the act, that the chief marketing officer has to satisfy himself that the market committee has made arrangements for regulating marketing of notified agricultural produces in the market area. ..... under these circumstances, when the existing market places are declared as market sub-yards, the market committee has to regulate the trade as per the provisions of the act, further, the commission agents as per section 78 of the act, are required to provide storage facilities for storing the notified agricultural produces. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR4073
..... in these writ petitions, presented by the petitioners, who are traders as also commission agents licenced under the provisions of the karnataka agricultural produce marketing (regulation) act, 1966, (the act for short), the following question of law arises for consideration :whether sections 78 and 79-a of the act introduced into the act by the karnataka agricultural produce marketing (regulation) (amendment) ordinance, 1986 (ordinance for short), which provides for the collection of commission, payable to commission agents from the buyers, are unconstitutional?in order to appreciate the question arising for consideration ..... narasimhamurthy, learned counsel appearing for other respondents submitted as follows :having regard to the object and purpose of the act, namely, regulating the marketing of agricultural produce, the services rendered by the agricultural produce marketing committee or any of its functionaries like the commission agents were for the benefit of not only the seller, but also the buyer. ..... they acquire that status through licenses issued by the agricultural produce marketing committee. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1605; 1995(3)KarLJ38
..... the learned counsel submitted that under section 65 of the 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. ..... para-2 reads as under:-'the point urged before us is that under section-65 of the karnataka agricultural produce marketing (regulation) act, 1966, ('the act' for short), it is not permissible to levy such market fee on the same commodity twice, one at the stage of paddy and later at the stage of rice which amounts to multipoint levy and therefore, it will be against section-65 of the act. ..... section 65 of the karnataka agricultural produce marketing (regulation) act, 1966 reads as under:-'65. ..... , rice to the government agencies under the orders of the deputy commissioner or the government authorities, is beyond the scope of state and the marketing committees, so far as the question of imposing of market fee under karnataka agricultural produce marketing (regulation) act, is concerned and so the market fee is not liable to be charged from the petitioners in respect of the rice supplied to the government or surrendered to the karnataka government under the rice procurement levy order, 1984.3. .....
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