Law: Agricultural Produce Markets Act, 1939

Section: 6,19

Law: Agricultural Produce Markets Rules, 1940

Section: 29

(a) Agricultural Produce Markets Act (V of 1939)--- ----Ss. 19 & 6---Notification No. SO (PMP)/5(377)/2006 dated 07.02.2011-Agriculture Produce Markets Rules, 1940, R. 29 (11)---Sale and purchase of agricultural produce---Market fee, payment of---Scope---Market Committee (Committee) issued revised market fee and petitioners were directed to pay the same---Contention of petitioners was that Agricultural Produce Markets Act, 1939 had been repealed and impugned notifications were not enforceable---Validity---Agricultural Produce Markets Act, 1939 had been repealed by Sindh Wholesale Agricultural Produce Markets (Development and Regulation) Act, 2010 but statutory functions had not been transferred to market committees by the Markets notified under Agricultural Produce Markets Act. 1939---Government and Committee were still operating and exercising all the powers under the said Act---Impugned notices and levy of market fee under Agricultural Produce Markets Act, 1939 were neither illegal nor without authority---Petitioner (Sugar Mill) was bound to obtain licence form Market Committee and was liable to pay market fee---Sugar Mill had paid market fee from 1998-99 to 2011-12 but had failed to clear its liabilities---Market Committee had spent Rs.1,02,63.939/- on construction of roads and parking area of growers, vehicles in the premises of petitioners' mill---Amenities/facilities to the growers, dealers as well as public could not be provided unless fees schedule was revised from time to time---Schedule for recovery of market fee was lastly revised in the year 1980---Earlier schedule did not meet the expenditure of Market Committee and revision of market fee was justified---Said revision in market fee had been approved by the Government after publication in the leading national newspapers---No illegality was pointed out in the impugned notices---Constitutional petition was dismissed in circumstances. Fauji Sugar Mills v. Market Committee Tando Muhammad Khan 1988 SCMR 155 and Matiari Sugar Mills v. Government of Sindh PLD 1999 Karachi 424 ref. Noor Sugar Mills Ltd. v. Market Committee and others PLD 1989 SC 449; Pakistan Flour Mills v. Government of Sindh and…

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