LexThe Assam Agricultural Produce Market Act, 1972
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT X X III OF 1974 (R eceived the a ssen t o f the P revisent on th e 3rd Septem ber, 1974 THE ASSAM AGRICULTURAL PRODUCE MARKET Act, 1972 CHAPTER I P relim in ary CONTENTS Clause 1. Short title, extent and commencement ... 2. Definitions CHAPTER II C onstitution o f the State A gricultural M arketing Board, M arket and M arket C om m ittee 3. Constitution of the State Agricultural Marketing Board. .. 4. Notification of intention of exercising control over Purchase and Sale of Agricultural Produce in specified Areas. 5. Declaration of Market .. 6. Declaration of Market Yard, Area 7. Establishment of Market Committee 8. Constitution of Market Committee 9. Term of Office of Members of Market Committee 10. Chairman and Vice-Chairman of Market Committee 11. Removal of Chairman and Vice-Chairman ... ... 12. Calling of Meetings and Quorum CHAPTER III Incorporation o f M arket C om m ittee, its O bjects. P ow ers and D uties 13. Incorporation of Market Committee ... ... ... 14. Functions of the Market Committee Clause 15. Powers of the Market Committee 16. Duties of the Market Committee 17. Appointment of Sub-Committee and Joint-Committee 18. Appointment of Secretary ... 19. Appointment and Salaries of Staff of Market Com mittee. 20. Execution of Contract... 21. Powers to Levy Cess ... 22. Certain differences regarding construction of Rules, etc., about Weights and Measures to be decided by Market Committee. 23. Market Committee Fund 24. Pool of Officers ... ... ... ... .. ‘ 25. Purposes for which the Market Committee Fund shall be extended. 26. Mis-application of Fund 27. Power to Borrow 28. Acquisition of land for the purpose of this Act CHAPTER IV Trade allowances 29. No Trade Allowance permissible 4[except as prescribed ... » CHAPTER V 9 M iscellaneous 330. Liability of members of Market Committee to removal ... from Office. 31. Members to be held responsible for Mis-application of Funds. 32. Duty of Officers and Members toi furnish Information ... to Director and other Authorised Officers. 33. Powers to Inspect ... ... ••• ••• ••• (iii) Clause 34. Power of the Director in Emergency ... 35. Recovery of loss 36. Power to Enforce Attendance ... 37. Supersession of a Market Committee ... 38. Consequences of Supersession ... « 39. Penalty for contravention of Section 5 40. Eviction of Encroachers of Market yard or yards. 41. Penalty for making or recovering Trade Allowance other than an Allowance prescribed by Rules or Bye- Laws made under this Act. 42. Penalty for contravening provisions of Section 32 43. Chairman, Vice-Chairman, Members and Staff of M arket Committee to be Public Servants. 44. Bar of Suit in absence of Notice 45. Trial of Offences 46. Admissibility of Copy of entry as Evidence 47. Recovery of Sums due to and from Market Committee 48. Power of the State Government to delegate its Power ... 49. Rules ... ... ... ... ... 50. Bye-Laws 51. Powers of the Director to impose Bye-Laws ... 52. Power of State Government to call for Proceedings of Market Committee and to pass Orders thereon. 53. Power of State Government to amend the Schedule ... 54. Savings THE ASSAM AGRICULTURAL PRODUCE M ARKET ACT- 1972 [ P u b lish ed in th e A ssa m G azette, E xtra rdinary, dated th e 24th Septem ber, 1974 J An Act To provide for b etter regulation o f buying and se llin g o f agricu ltu ral produce and the esta b lish m en t o f m arkets for agri cu ltu ra l produce in th e State o f A ssa m and for m a tters connected th erew ith Preamble. Whereas it is expedient to provide for better regulation of buying and selling of agricultural produce in the State of Assam and establishment of regulated markets for agricultural produce; And whereas the previous sanction of the President of India under the proviso to Article 304(b) of the Constitution of India has been obtained for the introduction of the Bill in the Legislative Assembly; It is hereby enacted in the Twenty-third year of Republic of India as follows :— CHAPTER I P relim in a ry Short title, 1.(1) This Act m aybe called the Assam Agri extent and cultural Produce Market Act, 1972. commence- m e n t' (2) It shall extend to such area or areas of the State of Assam as may be notified by the State Government from time to time in the Official Gazette. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. (1) In this Act, unless there is anything repug nant in the subject or context S (i) “Agricultural Produce” means and includes any produce whether processed or non-processed of agriculture, horticulture, animal husbandry, pisciculture, sericulture and forest as specified in the Schedule ; (ii) “ Agriculturist” means a person who ordinarily by himself or who by his tenants or hired labour or otherwise is engaged in the produc tion of agricultural produce but does not in clude a dealer or broker in agricultural produce although such a dealer or broker may also be engaged in the production or growth of agri cultural produce; 2 (ill) “ Gaon Panchayat” means a Panchayat esta- blished under Section 4 of the Assam Panchayati 0 " ' Raj Act, 1972 ; (iv) “ Board” means the State Agricultural Market ing Board constituted under Section 3 ; (v) “ Broker” means an agent, whose ordinary course of business is to negotiate and make contracts for the purchase or sale of agricultural produce on behalf of his principal and who is remunerated by commission; but does not include the servant of such principal whether engaged in negotiating or making such contracts; (vi) “Bye-laws” means bye-laws made under Section 50 ; (vii) “ Certificate Officer” means the officer so Bengal Act n defined in the Bengal Public Demands Recovery 11 of 1913 Act, 1913; fviii) “ Commission Agent” means a person who on behalf of another person and in consi deration of commission makes or offers to make purchase or sale of agricultural produce or does or offers to do anything necessary for completing and carrying out such purchase or sale ; (ix) ‘Co-operative Bank” means the Assam Act I of Co-operative Apex Bank Ltd., registered 1950. under the Assam Co-operative Societies Registration Act, 1949 or any other Co operative Bank formed for the State of Assam as an Apex Bank and includes a District Central Co-operative Bank; (x) “ Co-operative Marketing Society” means « • a Co-operative Society registered under the Assam Co-operative Societies Act, 1949 which has as its principal object the promo tion of the sale of agricultural produce grown, reared or produced by its mem bers or which is declared as such or equivalent thereto by the State Government; (xi) “Director” means the Officer appointd by the State Government to discharge all or any of the functions of the Director under this Act ; 3 (xii) “ District Council” means a District Council, consti tuted under paragraph 2 of the Sixth Schedule to the Constitution of India ; (xiii) “ Gaon Panchayat” means a Gaon Pan Assam Act chayat established under the Assam Pan- X I o f 1973 - chavati Raj Act, 1972 ; (xiv) “ Licencee” means a person or association, firm or company granted a licence under this A c t; (xv) “Local authority” means a Corporation, a Municipal Board or a Town Committee, a Mohkuma Parishad or a Gaon Panchayat; (xvi) “ Market” means a regulated market esta blished under this Act for the market area and includes a market proper, a principal market yard and a sub-market yard or yards, if any ; (x/ii) “ Market area” means any area declared to be a market area under Section 5 ; (xviii) “Market Committee’’ means a Committee established under Section 7 ; (xix) “ Market proper” means any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard as the State Government may, by a notification in the official Gazette, declare it to be a market proper; (xx) “ Market year” means the financial year adopt ed and followed by the State Government; (xxi) “ Measurer” means a person whose business is to measure consignments of agricultural produce for sale; (xxii) “Mohkuma Parishad”means a Mohkuma Pari- Assam Aet shad established under section 3 of the Assam XI of 1 9 7 3 . Panchayati Raj Act, 1972; (xxiii) ' ‘Notification” means a notification publish ed in the official Gazette ; (xxiv) “ Notified agricultural produce” means the agricultural produce specified in the notifica tion issued by the State Government under sub-section (1) of section 5; 4 (xxv) "Prescribed” means prescribed by rules made under this Act; (xxvi) "Principal market yard” and "sub market yard” means an enclosure, building or locality declared to be a principal market yard and sub-market yard respec tively in the official Gazette by the State Government; (xxvii) "Progressive producer” means a pro ducer who in the opinion of the Director of Agriculture, Assam carries on agricul tural production on improved method; (xxviii) “ Proprietor” means the owner of a mar ket and includes any person who is in actual charge and or in direct control of the market whether such person is the owner of the mar ket or is the lessee thereof or is acting on behalf of such owner or lessee; (xxix) ''Registrar” means the Registrar of the Co operative Societies, Assam; (xxx) “retail sale” means a sale of any agricultural produce not exceeding such quantity as may by bye-laws or rules be fixed in respect of such agricultural produce; (xxxi) “ rules” means rules made under this Act; (xxxii) ‘‘State Government” means the State Government of Assam; (xxxiii) “ Schedule” means a schedule to this Act; (xxxiv) “ Secretary” means the Chief Executive of the market committee and includes officiating, acting, Deputy and Assistant Secretary; (xxxv) “ Surveyor” means a person whose business is to survey a consignment of agricultural produce for sale in regard to quality, grade, refraction, adulteration and such other pur poses; (xxxvi) “ trade” means any kind of transaction of- sale and purchase or any kind of remunera tion of sale and purchase of any agricultural produce; (xxxvii) “ trader” means a person ordinarily engaged in the business of buying and selling of agricultural produce as a principal or a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business of processing of agricultural produce; (xxxviii) “ Warehousing Corporation” means the State Warehousing Corpoiation established in Assam under Section 18 of the Ware- housing Corporation Act, 1972 ; (xxxix) “weighman” means a person whose business is to weigh a consignment of agricultural produce for sale ; (2) If a question arises whether a person is or is not an agriculturist or trader for the purpose of this Act, it will be decided in the manner prescribed and the decision of the State Government thereon shall be final. E xplan ation : For the purpose of this Act, th c word “person” includes any firm, joint family, asso ciation or body of individuals whether incorporated or not. CHAPTER II C onstitution o f th e State A gricultural M ar k etin g Board, M arket and M arket C om m ittee. Constitu- 3 (1) The State Government may for exercising Stete ° f t *i e P o w e r s conferred on and duties assigned to the Agricultural Board by or under this Act, establish and constitute Marketing a State Agricultural Marketing Board consisting of Board. Chairman and 10 other members to be nominated by the State Government as follows:— (a) One non-official Chairman. (b) Officials of the Government of Assam— (i) Director of Agriculture, Assam, (ii) Director of Veterinary and Animal Husbandry, Assam, (iii) Registrar of Co-operative Societies, Assam, (iv) Secretary, Agriculture Department, Assam. 6 ' (c) Non-officials— (1) one agriculturist member of the Market Committees, (ii) one representative from Agricultural Farming Corporations formed under the Assam Agricultural Farming Corporation Act, 1973, (iii) two progressive producers, (iv) one licencee, (v) one from amongst the members of the Co- o operative Marketing Societies represented in the Market Committees. (2) The State Government shall nominate an officer of the Agriculture Department not below the rank of a Joint Director to be the Secretary of the Board. * (3) The Board shall be a body corporate by the name of the State Agricultural Marketing Board having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire and hold property and shall by the said name sue and be sued. (4) The term of office of the Chairman and the non-official members of the Board shall be three years: Provided that any non-official member nominated under clause (c) of sub-section (i) of this section shall cease to be a member of the Board from the date he ceases to be a member of a Market Committee representative of Agricultural Farming Corporation, or a Licencee or a member of the Co-operative Society represented in the Market Committee as the case may be. (5) No person shall be eligible to become a Chairman or a member of the Board who— (a) does not ordinarily reside within the State of Assam ; a (b) is below twenty-one year of age; (c) has been removed under Section 30 of this Act; (d) is of unsound mind ; or (e) has been declared as insolvent or sentenced by a criminal court whether within or outside the State of Assam for an offence involving moral turpitude : Provided that the disqualification under clause 5 (c) on the ground of a sentence by a criminal court shall not apply after the expiry of four years from the date on which the sentence of such person expired s \ Provided further that no person shall be nominated as Chairman of the Board consecutively for more than two terms. (6) A non-official member of the Board may resign from membership by tendering his resignation to the State Government through the Chairman of the Board and the Chairman of the Board may resign by tendering his resignation to the State Government and such resignation shall be effective from the date of the acceptance by the State Government. (7) The State Government may remove the Chair man or any member of the Board who has become subject to any of the disqualifications specified in sub-section (5) : Provided that before removing the Chairman or a member the reasons for the proposed action shall be conveyed to him and his reply invited within a speci fied period and duly considered. (8) In the vacancy caused by cessation of office of any member under proviso to sub-clause (4) or by resignation or removal of the Chairman or member under sub -sections (6) and (7) respectively of this section the State Government may nominate another in the manner provided in clause 3(1) (a) or 3(1) (c) as the case may be and such person shall remain in office for the remaining period of the term of his predecessor. (9) The State Government shall exercise superin tendence and control over the Board and its emplo yees and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty of corruption or mismanagement, it may supersede the Board and, dll such time as a new Board is constituted, shall make such arrangements for the exercise of the unctions of the Board as it may think fit : Provided that the new Board shall be consti tuted within six months from the date of its super- session. (10) The Board shall exercise superintendence and control over the Market Committees in the manner prescribed. (11) The State Government or the Chairman or the Secretary of the Board, or any other employee of the Board authorised in this behalf by the Board, may call for any information for return relating to notified agri cultural produce from a Market Committee or any other functionaries under or in relation to such Market Committees and shall have the power to inspect the records of a Market Committee or such functionaries as the case may be. (12) Subject to the provisions of this Act, and the rules and bye-laws made thereunder, the Board may employ such persons for the performance of the func tions of the Board under this Act, and may give them such remuneration, as it may think fit, and may sus pend, remove, dismiss or otherwise punish any person so employed. (13) Subject to rules made under this Act, an estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared and passed by ' the Board and submitted every year for sanction of the State Government not later than the prescribed date. The State Government shall sanc tion and return the budget within two months from the date of the receipt thereof. If it is not received within two months it shall be presumed to have been sanctioned. (14) Subject to rules made under this Act, the Board may, with the approval of the State Govern ment frame bye-laws for— (a) regulating the transaction of business at its meeting; (b) the assignment of duties and powers of the Board to its Chairman, Secretary or per sons employed by it; and (c) such other matters as may be prescribed. (15) Four members shall constitute a quorum at a meeting of the Board: Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at such adjourned meeting. (16) All questions before a meeting of the Board shall be determined by a majority of votes of the members present in the voting and, in case of equality of votes, the Chairman may exercise a casting vote. 9 (17) The State Government may delegate, by notification in the official Gazette any of the powers conferred on it by or under the Act, to any of its officers or to the Board or to the Chairman or its Secretary. (18) The headquarters of the Board shall be located at a place to be determined by the State Government. (19) No acto r proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof. of’V ntem ion (1) The State Government may, by notifi- of exercising c a t ' o n in the official gazette, declare its intention of control over regulating the purchase and sale of such agricultural purchase andproduce in such areas as may be specified in the notifi- cultura^ro- c a t-'o n - A copy of the notification under this section duce'in spe- shall also be published in the area concerned in the cified area, manner prescribed: Provided that no area within the limits of a Dis trict Council shall be included in the area specified in such notification except after consultation with the District Council concerned. (2) The notification under sub-section (1) shall state that any objection or suggestion received by the State Government within a period of not less than one month to be specified in the notification under sub-section (1) shall be considered by the State Government. ofeC ,market 5.(1) After the expiry of the period specified °re a m a r e in the notification issued under section 4 and after considering such objections and suggestions as may be received before such expiry and after holding such enquiry a# may be necessary the State Government may, by notification in the official Gazette, declare the area specified in the notification under section 4 or any portion thereof to be a market area for the purpose of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. A copy of the notification under this section shall also be published in the area conceined in the manner prescribed. (2) On and after the date of the publication of the notification under sub-section (1) or at such later date as may be specified therein, no local autho rity or other person, notwithstanding anything con tained in any law for the time being in force, shall, within the market area or within a distance thereof 10 to be notified in the official Gazette in this behalf, set up, establish or continue or allow to be set up, established or continued, any place for the purchase or sale of any agricultural produce so notified, except in accordance with the provisions of this Act, and the rules and bye-laws, framed thereunder for pur chase or sale of any agricultural produce so notified. (3) Nothing in sub-section (2) shall apply to the purchase or sale of such agricultural produce if the producer of such produce is himself its seller and the purchaser is a person, who purchases such produce for his own private consumption or if such agricul tural produce is sold by retail sale to a person who purchases such produce for his own private consump tion. (4) The State Government, may, at any time by notification in the official Gazette exclude from the market area any area or any agricultural produce comprised therein or include in any market area, any area or any agricultural produce as included in the notification issued under Section 4. (5) Subject to the provisions of section 4, the State Government may at any time by notification in the official Gazette withdraw any notification issued under sub-section (1). Declaration 6(1) For each market area there shall be one of market principal market-yard and one or more sub-market yard*. y a r cj3 a s m a y be necessary. (2) The State Government may, by notification in the official Gazette, declare— (i) any enclosure, building or locality in any market area to be the principal market-yard and other enclosures, buildings or localities in such market areas to be one or more sub-market yard or yards for the area ; and (ii) any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard or yards, as the case may be, as it thinks fit to be market proper. Establish- 7. (l)T h e State Government shall establish a ment of market committee for every area declared to be a myket com- market area under sub-section (1) of Section 5. It shall be the duty of the market committee to enforce fhe provisions of this Act and the rules and bye-laws ram ed thereunder in such market area. 11 (2) The State Government may establish a sepa rate market committee within the same market area or a part thereof provided it is satisfied that trading in a particular type of agricultural produce can be regulated only if and when an independent market committee already functioning is unable to undertake regulated trading in that commodity because of its peculiar nature : Provided that not more than one Market Commit tee shall be established within the same market areal or a part thereof for the same type of agricultura produce. • Constitaution of Marke Committee. 8. (1) Every market committee or a Gaon Pan chayat shall consist of the following members’ namely— (i) seven agriculturists who are voters of Gaon Panchayat to be elected by the members of the Gaon Panchayat in the market area in the manner prescribed ; (ii) three to be elected by the traders, other wise than co-operative marketing societies and Gaon Panchayat, holding valid licence under this Act from amongst themselves in the manner prescribed ; (iii) one to be elected by the members of the Managing Committee or Board of Directors, as the case may be, of the co-operative marketing societies in the market area hol ding a licence under this Act from amongst themselves in the manner prescribed ; (iv) one to be nominated by such co-operative Bank as may be decided upon by the State Government ; 9 (v) one to be nominated by the State Govern ment ; (vi) one to be elected by the members of the Municipal Board, Town Committee or Gaon Panchayat within whose jurisdiction the principal market-yard is situated from amongst the members of the Municipal Board, Town Committee or Gaon Pancha yat, as the case may be. When the princi pal market-yard is situated within the jurisdiction of two or more local authorities of the type mentioned above, one member to be elected jointly by the members of the local authorities concerned from amongst themselves in the manner prescribed. » ■ 12 (vii) one to be nominated by the Warehousing Corporation, if a warehouse has been established, by such Corporation within the market area and where no such warehouse has been established, then two persons shall be elected by the Cooperative Marketing Societies under clause (iii). (2) Notwithstanding anything contained in sub section (1), on the failure of any organisation, person or authority to elect any member under sub section (1) within a period of three months from the date of the occurrence of the vacancy, the Director shall give notice in writing to the organisation, person or authority concerned to elect the member within a month from the date of such notice and on the failure of the organisation, person or authority to elect a member within the said period, the Director shall nominate a person on behalf of such organi sation, person or authority as a member of the market committee. (3) When a market committee is constituted for the first time all the members of the market com mittee including the Chairman and Vice-Chairman thereof shall be nominated by the State Government and such members shall hold office for a period of three years: Provided that the State Government may extend the term of the Market Committee for a period not exceeding two years ; Provided further that the extension period on any occasion shall not exceed one year a t a time. 9. (1) Every member of a market committee other than the first one constituted by the State Go- Period office Market Committee, vernment shall hold office for a period of three years commencing from the date of first meeting of the reconstituted market committee at which a quorum is present. The market committee shall, thereafter, be reconstituted every of the third year and prior to such expiry. three years before the expiry not earlier than three months (2) The term of three years referred to in sub-section (1) shall include any period which may lapse between the expiry of the said three years and the date of the first meeting of the reconstituted market committee, at which a quorum is present. 13 (3) The State Government may, by notification for sufficient cause to be stated therein, direct from time to time that the term of office of the members of a market committee be extended by such period not exceeding one year as may be specified in the notification. (4) A member elected or nominated under sub-section (1) of section 8 shall cease to hold office, if he ceases to be a member of the category of persons from which he was elected or nominated. (5) A member, shall also cease to hold office if he in writing resigns his membership and the same is accepted by the market committee or if he is removed by the State Government under the provisions of this Act. of in Chairman and Vice- n f Chairman of . Market Corn*m ___ (6) Whenever any vacancy occurs in member ship for any of the reasons aforesaid, the said vacancy shall be filled in by election or nomination as the case may be and every such member elected or nominated, shall hold office for the unexpired period of the term of the member in whose place he is elected or nominated. (7) Notwithstanding any’ vacancy in a market committee it shall be competent to exercise its powers and perform its duties and none of its actions shall be questioned merely on the ground the existence of any vacancy in or any defect the constitution of the committee. 10. (1) subject to the provision of sub-section (3) Section 8 every market committee shall elect, the manner prescribed, one of its members to its Chairman and another member to be its Vice-Chairman. (2) The Chairman and the Vice-Chairman shall exercise such powers and carry cut such duties on behalf of the Committee under this Act and the rules made thereunder from time to time, as may be prescribed. (3) Whenever for any reason, the offices of both the Chairman and the Vice-Chairman of any Market Committee fall vacant, the State Govern m ent shall appoint any one from amongst the members of such market committee as the Chairman to hold office as such temporarily, till a Chairman is elected. 14 (4) The Chairman, or in his absence, the Vice-Chairman shall preside at every meeting of the market committee and in the absence of both the Chairman and the Vice-Chairman at any meeting, the members present shall elect one from amongst them selves to preside over that meeting. (5) When a meeting is held for the removal of the Chairman or the Vice-Chairman or both, (6) (a) the Vice-Chairman or in his absence, a member duly elected at the meeting shall preside, if the resolution relates to the removal of the Chairman, a > (b) the Chairman or in his absence a member duly elected at the meeting, shall preside if the resolution relates to the removal of the Vice-Chair- » man. (c) a member duly elected at the meeting shall 3 preside if the resolution relates to the simultaneous removal of both the Chairman and the Vice-Chair man. Removal of 11. (1) The Chairman or Vice-Chairman of ^ d ivj ia n a n y m a i ’ ket committee may be removed from office Chairman.by a resolution adopted by at least two-third of the total number of members of the market committee present and voting at the meeting convened for the purpose, in the manner prescribed. (2) The State Government may, after giving an opportunity to explain, remove the Chairman or Vice-Chairman of a market committee from office if he persistently omits or refuses to carry out or disobeys the provisions of the Act or the rules made thereunder or any directive issued by the compe tent authority under this Act or rules made there under from time to time, or if he becomes incapa ble of so acting or is declared insolvent or is convic ted by a criminal court for any offences involving moral turpitude or declared disqualified under any „ of the provisions of this Act and the rules made thereunder. Calling of 12. (1) No business shall be transacted at any meeting of the market committee unless, rum. (a) such meeting is called by the Secretary under the direction of the Chairman or Vice- Chairman, as the case may be, or as may be required on a requisition by the members as prescribed, and (b) a quorum is present. 15 (2) The quorum referr d to in sub-section (1) shall be one-third of the total number of members of the market committee. If at any meeting the prescribed quorum is not present the meeting shall stand adjourned to some future day to be appointed by the Chairman, Vice-Chairman or any member who may preside at the meeting, as the case may be. The members present at such adjourned meeting shall form a quorum whatever their number may be. CHAPTER HI Incorpora ion o f M arket Committee, its objects, powers and duties Incorpora- 13. (1) Every market committee shall be a tion of mar- body corporate by such name as the State Govern- ttee 8 0 m In i* ment may specify by notification in the official Gazette. It shall have perpetual succession and a common seal, may sue or be sued in its corporate name and shall be competent to acquire and hold lease, shall or otherwise transfer any property and to contract and to do all other things necessary for the purpose for which it is established. (2) Where a market committee is established in any area, no person shall function as a trader, commercial agent, broker, weighman, measurer, surveyor, warehousemen or in such other capacity as may be determined by the Director in any market within the area, to work in a processing or pressing factory, unless a licence is issued to such person by the market committee on payment of such fees and subject to such conditions as may be prescribed. 14. The functions of a market committe Funtions shall a s follows : — of the market (i) to mantain and manage the market yard committee and t o control, regulate, and run the market in the interest of the agriculturists and traders holding licence from the market committee; (ii) to regulate and control transactions in the market and to deal with licence holder who default to open, close and suspend trade in any notified agricultural produce, to settle disputes, levy and recover market charges, fees on an agricultural produce, licence and other fees, to impose fines and penal ties; 16 Power of the mar ket committee. Duties of the market committee. (iii) to act as a mediator, arbitrator or surve yor in all matters of differences, disputes, claims, etc., between licencees or bet ween them and agriculturists making use of the market as sellers of agricultural produce; (iv) to control and regulate the admission to the market, to determine the conditions for the use of the market and to prosecute and confiscate the goods belonging to persons trading without a valid licence; (v) to bring, prosecute or defend or aid in bringing, prosecuting or defending any suit, action, proceeding, application or arbitration on behalf of the market committee or otherwise as directed by the State Govern ment; (vi) tn purchase, hire or acquire any land for construction of any house thereon or other movable or immovable property and other equipment for the purpose of its business, to raise fund from the Government or other wise with the approval of the Director for the said purpose and to enter into arrange ments with the Government, local authority or otherwise and to comply with such arrangements; and (vii) to do such other things as may be required for the purpose of achieving the objects and requirements of the Act and the rules and bye-laws framed thereunder. 15. A market committee shall have the power to regulate entry of persons into the prin cipal or sub-market yards, to supervise the behaviour of the persons so entered for transacting business and to take disciplinary action against the licencee who fails to fulfil the conditions of the licence or any direction of the market committee, issued with in the purview of this Act or rules or bye-laws. 16. It shall be the duty of every market committee to enforce the provisions of this Act, the conditions of licence granted under the rules and bye-laws framed under the Act in the market area and to provide such facilities as the State Government may, from time to time, direct in connection with the purchase and or sale of notified agricultural produce concerned-. 17 Appoint- 17. A market committee may appoint a sub sub-* °f committee or a joint committee or an ad-hoc vouinin e committee from amongst its members or any other and j nt ■ person from within the market area for the adm i- coninuttee. nistration of the sub-market yard, for the conduct of any work or for reporting or recommending or deciding any matter or matters and may delegate to such committee such of its powers or duties as it may think fit. There shall be at least three such members in such committee. menT"^ 18. Every market committee shall have a Secre- Secretary. t a r y appointed by the Board subject to such terms and conditions as may be prescribed. Appointment 19. (1) A market committee may also employ ana salaries such other officers and staff as may be necessary market ° f ^ O r m a n a Se m e n t ° f th e market and may pay such committee, officers and staff such salaries as it may think fit. (2) A market committee may also provide for payment of such leave allowances, pensions and gra tuities as it may deem proper and may contribute to any provident fund which may be established for the benefit of such officers and staff. (3) The powers conferred by this section on the market committee shall be exercisable by it subject to any rules which may be made in this behalf by the Board. Execution 20. Every contract entered into by a market • f contracts. c e m m jttee shall be in writing and shall be signed by its Chairman, Secretary and two o ..er members • f the committee. Every market committee shall levy and c v y ' collect ja cess on the agricultural produce bought or sold in the market area at a rate not exceeding one rupee for every one hundr cd rupees of the aggregate amount for which a notified agricultural produce is bought or sold whether for cash or for deferred payment or other valuable considerations: Provided that no cess shall be levied on goods manu factured from the agricultural produce on which eoss is proposed to be levied and which are ultimately e x p o rte d out of the country. E xplanation— -1. For the purpose of this section all notified agricultural produce taken out or proposed to be taken out of a market area, shall unless the contrary is proved, be presumed to be bought or sold within such area. 18 Explanation—2. The cess referred to in Sec tion 21 shall be paid by the purchaser of the notified agricultural produce concerned. Certain diffe- 22. (1) Notwithstanding anything contained in d'„ ce Confa r’the Assam Weights and Measures (Enforcement) Act, 1956, if any difference arises between the Inspector rules, etc. or any other officer, empowered to enforce the aforesaid about wei- Act and any person interested, as to the meaning measures^o01- c o n s t r u c t i° n °f any r u ’e framed under the afore- beCaSdecideds a id Act, as to the method of evolving, adjusting or by market stamping any weight or measure or weighing or mea- committee. suring instrument in any market area, such difference may, at the request of the person interested or by the Inspector or the officer of his own accord, be referred to the market committee of the area and the decision of the market committee shall subject^ 8am Act to the provisions of the sub-section (2) be final and xiX of deemed to have been given under the Assam Weights 1 9 5 6 . and Measures (Enforcement) Act, 1956. (2) An appeal shall lie against the decision of the market committee within thirty days (excluding the time required for taking copies) from the date of the decision under sub-section (1) to the State Govern ment or such officer, as the State Government may appoint in this behalf. The decision of the State Government or such officer as the case may be on such appeal shall be final. Market 23. All money received by a market committee Committee shall be paid into a fund to be called “The Market Fund. Committee Fund” and all expenditures incurred by the market committee under or for the purpose of this Act shall be defrayed out of the said fund. Any surplus remaining with the market committee after such expenditures shall be invested in such manner as may be prescribed in this behalf. Pool of 24. (1) The Board shall create apool of officers Officeis. as soon as may be convenient for appointment of such staff at the markets as may be notified from time to time in the official Gazette. Every market committee shall contribute a sum not exceeding 30 per cent of its gross revenue as may be determined by the Director to the fund of the Board to m eet the cost of staff to be appointed by the Board under sub-section (2) and also for meeting the cos’ of general supervision. (2)The Board shall make appointment to theof post notified under sub-section (1) from the pool j- officers created by the Board and it shall be obi gatory on every market committee to employ sue 1, persons. The emoluments and terms and conditions of service of such officers shall be fixed by the Board: 19 Provided that until a pool of officers is created by the Board the Director may permit employment of other persons to the posts notified under sub section (1) purely on temporary basis. Purpose for 25. Subject to the provisions of Section 23 the ™ *c -™ “rk e tmarket committee fund shall be expended for the committee 1 r fund ihall be following purposes, namely :— •xpended. (i) contributing to general revenues of the Board, Mohkuma Parishads, Gaon Pan- chayats, Town Committees, and Munici pal Boards as the State Government may direct; (ii) payment of interest on the loans that may be raised for the purposes of the market and the provisions of sinking fund in respect of such loans ; (iii) the acquisition of a site or sites for the market ; (iv) the maintenance and improvement of the market ; (v) the construction and repair of buildings necessary for the purposes of such market and for the healthy convenience and safety of the persons using it ; (vi) the provision and maintenance of standard weights and measures ; (vii) pay, pensions, leave, allowance, gratuities, compensations for injuries resulting from accidents, compassionate allowances and contribution towards leave allowances, pensions or provident fund of the officers and staff employed by it ; (viii) the expenses of and incidental to elections of the Market Committee ; (ix) collection and dissemination of informa tion regarding matters relating to crop sta tistics and marketing in respect of the agricultural produce notified under Section 5 ; (x) payment of the costs referred to in Sec tion 24 ; (xi) propaganda in favour o ! 'agricultural im provement ; and 20 (xii) other functions under the Act and the Rule:-. Mis-apphca- 26. f a market committee incurs an expenditure tion o n . £ o r a n y pUr pO se other than those specified under the last prec e ding section or in excess of the expenditure a pproved by the Director, then it shall be deemed to be a mis-application of the fund. Power to 27. (1) A market committee may, with the pre Borrow. vious sanction of the State Government, raise money required for carrying out the purposes for which it is established on the security of any property vested in o it and of any fees leviable by it under this Act. (2) The market committee may, for the purpose * of meeting the initial expenditure on lands, buildings and equipment required for establishing the market, obtain loan from the State Government or any finan cial institution. (3) The conditions subject to which such money or loan shall be raised or obtained and time within which a such money or loan shall be repayable shall be subject to the previous sanction of the State Government. of Jand^for The ^ t a t e Government may on the request the purpose the Market Committee, acquire land required for of this Act. the purposes of this Act, under the provisions of the Land Acquisition Act, 1894. CHAPTER IV Trade Allowances No trade 29. No person shall make or recover any trade nermbsible allowance other than an allowance prescribed by rules except as or bye-laws made under this Act, in any market areas prescribed, in any transaction in respect of the notified agricultural produce concerned and no Civil Court shall, in any suit or proceedfrigs arising out of any such transaction, have regard to or recognise any trade allowance not so prescribed. o I Explanation:— Every deduction, other than a deduction on account of deviation from sample when the purchase is made by sample or on account of deviation from standard, when the purchase is made by reference to a known standard or on account of difference between the actual weights of the container and the standard weight or on account of the admixture of foreign matter shall be regarded as a trade allowance for the purposes of this section. 21 CHAPTER V Miscellaneous e e 30. (1) The State Government may, on the of the market Committee supported by at least two third of the total members or on the recommendations of the Director remove any member of the market committee, elected or nominated under this Act, if such a member, has in the opinion of the State Government, been guilty of misconduct in the discharge of his duties, or has incapable of b e r : Provided made by the unless the member has been given a reasonable opportunity of showing cause why such recom mendation should not be made : Provided further that no order for removal of any member shall be passed by the State Government unless the member has been given a reasonable opportunity of showing cause why such order should not be passed. (2) The decision of the State Government under sub-section (1) shall be final. 31. Every member of the market committee shall be personally liable for the mis-appli ca tion of fund to which he shall have been a party, or which shall have happened through, or been facilitated by gross neglect of his duty as a member, and he may be sued for recovery of the moneys so mis-applied : Provided that no
Excerpt shown. Open the full act in Lexace.