TaxTMI 
TaxTMI 
2004 (7) TMI 636
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....rissa Agricultural Produce Markets Act, 1956 (for short "the Act") are bought and sold in the said market. The Respondent-Market Committee sent a requisition dated 13.2.1996 to the Executive Officer of the Appellant stating therein that as it was in possession of the said market where agricultural produces were being bought and sold it was liable to transfer the same in terms of Sub-section (4) of Section 4 of the Act. A similar request was made to hand over the Hat and the land situated at Angarua in terms of a letter dated 19.7.1996. The Appellant having failing and/or neglected to comply with the said statutory requisition, the respondent, herein filed a writ petition before the High Court of Orissa praying for a direction upon the a....
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....gh Court must be held to have correctly rendered. The learned counsel pointed out that the vires of Section 4(4) of the Act has not been questioned. The Act has been enacted to provide for better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State. The Cooperation Department of the Government of Orissa issued notifications dated 2.8.1993 and 19.11.1994 whereby and whereunder various cereals, oilseeds, gur and sugarcane, fruits, vegetable items and animal husbandry products were notified as agricultural produces. By reason of the provisions of the Act not only wholesale but also retail sale of the agricultural produces as also the market wherein the buying and ....
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....ltural Produce Market Committee and Others, [2002] 9 SCC 232). The said decision has recently been followed in Engineering Kamgar Union v. M/s. Electro Steels Castings Ltd. & Anr., JT (2004) Supl. l SC 78. The said Act, as noticed hereinbefore was enacted for better regulation of buying and selling of agricultural produce. The power to regulate buying and selling of agricultural produce must be interpreted in the context in which the same has been used. Each person whoever is engaged in buying and selling of the agricultural produce in the market shall be subject to the regulation for which the same has been enacted. The expression "regulation" is a term which is capable of interpreted broadly. It may in a given case amount to prohibiti....
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....ion 4 clearly mandates that even the market of a Municipality or a Gram Panchayat falling with the market area will have to be transferred it requisitioned therefor. In the event of such transfer, the net income derived therefrom by the market committee under Section 11 shall be shared equally by the market committee and the concerned Municipality or Gram Panchayat every year. The proviso appended to Sub-section (4) of Section 4 furthermore stipulates that the share of the Municipality or Gram Panchayat in any one year shall not be less than eighty per cent of the average net income derived by it from land or building or both so transferred during the three years immediately preceding the transfer. It is true that the appellant Municipali....