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13. On the other hand, Sri Padmanabham, learned counsel for the appellant, submitted that the judgment of the Supreme Court in Talcher Municipality (supra) will not come in their way to contend that it is PR Act which would have overriding effect on the provisions of the Markets Act. He invited our attention to Article 243G of the Constitution to contend that PR Act has been enacted by the State Legislature in exercise of its powers under this Article read with Eleventh Schedule which empowers and authorizes them to make a law for the functioning of institutions of self-government containing the provisions for devolution of powers and responsibilities upon the Panchayats at the appropriate level. He also invited our attention to Entry 22 of the Eleventh Schedule, which deals with Markets and Fairs. He submitted that such power is not conferred on the State Legislature insofar as Article 243W of the Constitution, which deals with Powers, Authority and Responsibilities of Municipalities. Our specific attention was invited to the Twelth Schedule to contend that an entry such as Markets and Fairs which finds place in Eleventh Schedule, does not find place in the Twelth Schedule. He therefore submitted that the powers, authorities and responsibilities conferred on the Panchayats under the provisions of PR Act are conferred as constitutional mandate, and therefore, the provisions of, in particular, Sections 104, 105 and 106 of the PR Act would prevail or have an overriding effect on the provisions of Markets Act. He further submitted that in Talcher Municipality (supra), the Supreme Court was not dealing with similar situation or did not have an occasion to notice the difference between the entries in the Eleventh and Twelth Schedules of the Constitution. Mr.Padmanabham, learned counsel for the appellant, in support of his contentions placed reliance upon the following judgments:

15.1 Before we proceed further, it would be relevant to have a glance at Articles 243G and 243W of the Constitution in the light of the above judgments, which read thus:

243G. Powers, authority and responsibilities of Panchayats,- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to-

(a) the preparation of plans for economic development and social justice;

(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.

243W. Powers, authority and responsibilities of Municipalities, etc.- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow-

(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to-

(i) the preparation of plans for economic development and social justice.

(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule.

(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibility conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

16. The Legislature of a State, under Article 243G of the Constitution, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to the preparation of plans for economic development and social justice; and the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule. It is true that the Eleventh Schedule has a specific entry No.22, namely; Markets and Fairs. Such entry does not find place in Twelfth Schedule referred to in Article 243W of the Constitution of India. We therefore looked into Entry 28 of List II of the Seventh Schedule of the Constitution whereunder, it is apparent, the Markets Act has been enacted. This Act was enacted to consolidate and amend the law relating to the regulation of purchase and sale of agricultural produce, livestock and products of livestock and establishment of markets in connection therewith. Section 29 of the Markets Act with which we are concerned deals with payment of compensation in respect of markets in Municipalities and in areas within the jurisdiction of other local authorities. Under this provision, in pursuance of Section 3, the State Government, which is empowered to notify any area comprised within the local limits of the jurisdiction of a Municipality or other local authority such as Panchayats, shall have power to levy fees on any notified agricultural produce, livestock or products of livestock purchased or sold in the notified area. It further provides that the market committee of the notified area shall out of its funds pay every year to the municipality or other local authority, which was levying such fees immediately before the notification of the area, a sum equivalent to the licence fees levied by such municipality or other local authority during the period of one year immediately before the notification of the area, for a period of ten years as compensation for the loss of income of the municipality of the local authority on account of the establishment of markets in the area by the market committee. Thus, it is clear that the Legislature has taken all care while establishing markets/market yards under the provisions of the Markets Act so as to entitle local authority for the benefit of compensation under this Act for a period of ten years. In other words, it cannot be stated that the local authority would suffer a loss in the circumstances as fallen for our consideration in the present case.