The Bihar Agricultural Produce Markets (Validation) Act, 1982

 
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Bihar  Agricultural Produce  Markets (Validation) Act, 1982  
1. Short title,  extent and commencement. 
 
2.  
 
3. Repeal and saving. 
 
   
Bihar Agricultural Produce Markets (V alidation) Act, 1982 
 
Bihar Act No. 64 of 1982  
 
Published in Bihar Gazette (Extra-ordinary) dated 7.8.1982.  
An Act to validate the levy and collection of market fees on the agricultural produce enumerated in 
notification nos. 14841, dated the 27th October, 1967 and 2028, dated the 12th February 1972 issued 
under the authority of Krishi and Pashupalan Bivag (Krishi) but actually the notification no. 2028, dated 
the 12th February 1972 was published in the Bihar Gazette "Asadhaian Anka" on the 15th May, 1980 
and the certain matters connected therewith. 
Be it enacted by the Legislature of the State of Bihar in the Thirty Third year of the Republic of India as follows:- 
1. Short title, extent and commencement. - (i) This Act may be called the Bihar Agricultural Produce 
 
Markets (Validation) Act, 1982.  
(ii) It extends to whole of the State of Bihar. 
(iii) It shall come into force immediately. 
2. Notwithstanding the non-publication of the notification nos. 14841 dated the 27th October 1967 in the 
Bihar Gazette and 2028, dated the 12th February 1972 in the Bihar Gazette in time, the orders made 
for regulating the market with respect to such items, and market-fees levied, collected or to be levied 
and  collected  shall  not  be illegal  and  invalid  merely  on the  ground,  and  notwithstanding  anything 
contained to the contrary in any judgement, decree or order of any court the Schedule of notification 
nos. 14841, dated the 27th October 1967 and 2028, dated the 12th February 1972 shall always be deemed 
to be valid and effective and all levies made or market fees collected shall be deemed to have been validly 
realized, taken, done and issued as if the provisions of this Act were in force at all material times when 
such realization was made, action taken, things done and orders issued and no suit or proceeding shall be 
maintainable for refund of the levies made on fee collected or actions taken under those notifications. 
3. Repeal and saving. - (1) The Bihar Agricultural Produce Markets (Validation) Second Ordinance, 
 
1982 (Bihar Ordinance no. 50 of 1982) is hereby repealed. 
 
(2) Notwithstanding such repeal, anything done or any action taken in exercise of powers conferred by 
or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers 
conferred by or under this Act as if this Act were in force on the day on which such thing or action was 
done or taken.     
 
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Bihar  Agricultural Produce Markets (Amendment) Act, 1992  
1. Short title  and commencement. 
 
2. Insertion of new Chapter after Chapter IVA of the Bihar Act 16 of 1960. 
 
3. Repeal and savings. 
 
   
Bihar Agricultural Produce Markets (Amendment) Act, 1992 
 
Bihar Act 16 of 1992  
 
 
Assented to by the Governor on 17.8.1992.  
An Act to amend the Bihar Agricultural Produce Markets Act, 1960.  
Be it enacted by the Legislature of the State of Bihar in the forty-third year of the Republic of India as follows:- 
1. Short title and commencement. - (i) This Act may be called the Bihar Agricultural Produce Markets 
 
(Amendment) Act, 1992.  
(ii) It shall come into force at once.  
2. Insertion of new Chapter after Chapter IVA of the Bihar Act 16 of 1960. - In the Bihar Agricultural 
Produce Markets Act, 1960 (Bihar Act 16, 1960) after Chapter IVA the following new Chapter shall be 
inserted namely:- 
 
"CHAPTER IVB 
 
 
Contribution in the State Fund by the Committee. 
 
 
"33M. Every Market Committee  shall out of its fund contribute  to the State Government  fund such 
percentage of its income derived from license fees and market fees as may be prescribed by Rules 
from time to time by the State Government." 
3. Repeal and savings. - (1) The Bihar Agricultural Produce Markets (Amendment) Ordinance, 1992 
(Bihar Ordinance No. 19 of 1992) is hereby repealed. 
(2) Notwithstanding such repeal anything done or any action taken in exercise of any powers conferred 
by or under the said Ordinance shall be deemed to have been done or taken as if this Act were in force 
on the day on which such thing was done or action taken.     
 
 
 
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Bihar  Agricultural Produce Markets (Amendment) Act, 1993  
1. Short title,  extent and commencement. 
 
2. Insertion of new section after Section 4 of Bihar Act XVI of 1960. 
 
3. Repeal and savings. 
 
   
Bihar Agricultural Produce Markets (Amendment) Act, 1993 
 
Bihar Act 4 of 1993  
 
 
Published in Bihar Gazette (Extra ordinary) dated 27.4.1993.  
An Act to amend the Bihar Agricultural Produce Markets Act, 1960.  
Be it enacted by the Legislature of the State of Bihar in the forty-fourth year of the Republic of India as follows:- 
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Agricultural Produce 
 
Markets (Amendment) Act, 1993.  
(ii) It shall be extended to the whole of the State of Bihar  
(iii) It shall be deemed to have come into force with effect from the 6th of August, 1960.  
2. Insertion of new section after Section 4 of Bihar Act XVI of 1960. - After Section 4 of the Bihar 
Agricultural Produce Markets Act, 1960 (Bihar Act XVI of 1960) the following sections shall be inserted 
and shall always be deemed to have been inserted, namely:- 
"4A. Sections 3 and 4 not to apply to Section 39. - (1) The provisions of Sections 3 and 4 shall not 
apply  to  the  exercise  of  powers  by  the  State  Government  under  Section  39  to  amend  the 
schedule by addition of any item of agricultural produce not specified therein. 
 
(2) The State shall not order the deletion of any item in exercise of its power under Section 39 
without giving an opportunity for hearing to the affected parties. 
"4B. Validating  of Market fee levied and collected.  - Notwithstanding  any judgement,  decree or 
order of any Court to the contrary any market fee levied and collected shall be deemed to be 
valid as if such levy and collection was made under the provisions of this Act as amended by this 
Act and notification no. 730, dated 2nd May, 1977 shall be deemed never to have been issued 
and no suit or other legal proceedings  shall be maintained  or contained  in any court for the 
refund of the fee collected  under the provisions  of this Act and no Court shall entertain  any 
proceedings challenging the fee recovered or the continued levy and recovery of the fee merely 
on the ground that liability has ceased on the issuing of the notification no. 730, dated 2nd May, 
1977." 
 
3. Repeal and savings. - (i) The Bihar Agricultural Produce Markets (Amendment) Ordinance, 1993 
(Bihar Ordinance no. 3 of 1993) is hereby repealed. 
(ii) Notwithstanding  such  repeal  anything  done  or any  action  taken  in exercise  of any  powers 
conferred  by or under  the said Ordinance  shall be deemed  to have been done or taken  in 
exercise of powers conferred by or under this Act as if this Act were in force on the day on which 
such thing was done or action taken. 
 

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