JUDGMENT

DR ANAND, J.- 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.

4. Section 9 provides for the establishment of the marketing committee and its incorporation and lays down that save as provided for in Chapter IX, for every market area, there shall be a marketing committee having jurisdiction over the entire market area. Sub-section (2) thereof inter alia provides:

"(2) Every market committee established under this Act shall be a body corporate by such name as the State Government may by notification specify. It shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold, lease, sell or otherwise transfer any property and to do all other things necessary for the purpose for which it is established:

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5. Sub-section (3) of Section 9 declares that notwithstanding anything contained in any law for the time being in force, every market committee shall, for all purposes, be deemed to be a local authority.

6. The powers, functions and duties of the Secretary have been provided in Section 56 of the Act and the relevant parts of the section lay down:

"56. Powers, functions and duties of the Secretary.- Subject to the powers of the Chairman under Section 46 and the other provisions of this Act or the rules, the Secretary shall be the Chief Executive Officer and the custodian of all the records and properties of the market committee, and shall exercise and perform the following powers and duties, in addition to such other duties as may be specified in this Act, the rules or bye-laws, namely:

(i) convene in consultation with the Chairman the meetings of the market committee and of the sub-committees, if any, and maintain the minutes of the proceedings thereof;

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(iv) furnish to the market committee such returns, statements, estimates, statistics and reports as the market committee may from time to time require including reports, - (a) regarding the fines and penalties levied on, and any disciplinary action taken against the members of the staff and the market functi