- (1.) On 10/5/1993, while condoning the delay in the filing of the special leave petition, special leave was granted limited to the question "whether the secretary, Agricultural Produce Marketing Committee is competent to file the complaint"
(2.) The Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter referred to as "the Act") was promulgated with a view to provide for better regulation of marketing of agricultural produce and the establishment and administration of markets for agricultural produce and matters connected therewith in the State of Karnataka. The Act also provides for the constitution of marketing committees which are empowered to regulate the market of the notified agricultural commodities in the notified market areas. In the case of violation of the provisions of the Act and/or the Rules framed thereunder, penal action and punishments have been provided under the Act. In order to answer the question noticed above, it is desirable to first notice some of the relevant provisions of the Act and the Rules framed thereunder.
(3.) Section 2 (20 defines "marketing committee" or 'committee' to mean a market committee constituted for a market area under this Act. A market functionary under Section 2 (21 includes a broker, commission agent, an exporter, a ginner, an importer, a presser, a processor, a stockist, a trader and such other person as may be declared under the rules or the bye-laws to be a market functionary. Section 2 (39 defines the 'secretary' to mean the secretary of the market committee and includes, Additional secretary or Assistant secretary of the marketing committee and any other officer who is authorised by the Director of Agricultural Marketing to exercise the powers and perform the functions and duties of the secretary. Section 58 deals with the appointment of the secretary and the technical staff of the marketing committee.;