Law: Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)

Section: 36,19

Law: Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)

Section: 36,19

Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)------Ss. 19 & 36---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court appeal---Charging entry fee or cycle stand fee---Appellant had called in question order passed by the Single Judge of High Court whereby the act of Market Committee in charging entry fee or cycle stand fee had been declared to be ultra vires and without lawful authority---Validity---Provisions of Punjab Agricultural Produce Markets Ordinance, 1978 or bye-laws of the Market Committee made or adopted under S.36 of the Ordinance, did not permit charging of entry fee or cycle fee---Market Committee was authorized to levy any fee under section 19 of Punjab Agricultural Produce Markets Ordinance, 1978 only if the bye-laws of the Committee had been so amended to provide for levy ' of such fee---Executive direction or permission to Market Committee could not, by itself, assume the status of bye-laws---Appellant could not go beyond their bye-laws which did not provide for charging such kind of fee---Impugned being not open to any exception, intra-Court appeal was dismissed. PLD 1989 Lah. 363 ref. Shoaib Zafar for Appellants. ORDER Through this appeal the appellant has called in question the order dated 13-6-2007 passed by the learned Single Judge in chamber whereby the act of the appellant-Market Committee in charging entry fee or a cycle-stand fee has been declared to be ultra vires and without lawful authority. 2. The main grounds urged by the learned counsel for the appellant are that the learned single Judge in…

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