LexThe Haryana Agricultural Produce Markets Act, 1961
Haryana · state statute
Open in Lexace · Ask the AI about this actMANUAL OF
HARYANA STATE AGRICULTURAL
PRODUCE MARKETS LAW
ACT, RULES & BYE-LAWS
HARYANA STATE AGRICULTURAL MARKETING BOARD
Sector 6, Panchkula
e-mail : [email protected] - website : www.hsamb.gov.in
For Office use only
Published by :
l e ` ¼ f d l k u ] g e k j h i g p k u
[ THE PUNJAB AGRICULTURAL PRODUCE MARKETS ACT, 1961,
(PUNJAB ACT NO. 23 OF 1961)
Received the assent of the President of India on the 18th May, 1961, and
first published for general information in the Punjab Government
Gazette (Extraordinary), Legislative Supplement, of the 26th May, 1961]
1 2 3 4
Years No. Short Title Whether repealed or otherwise
affected by Legislation
1961 23 The Punjab Agricultural
produce Markets Act,
1961
Amended by Punjab Act 3 of 19222 Amended by Punjab
Act 40 of 19623 Amended by Punjab Act 40 of 19634
Amended by Punjab Act 2 of 19665 Amended by
Haryana Act 28 of 19696 Amended by the Punjab state
Agricultural marketing Board and Marketin Committees
(Reconstitiution and Reorganisation), Order Amended by
Haryana Act 25 of 19708
Amended by Haryana ACt 30 of 19719
1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraodinary),
1969, Page 1047.
2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),
1962, Page 512.
3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),
1962, Page 1640.
4. For Statement of Objectis and Reasons, see Punjab Government (Extr aordiary), 1963,
Page 1106.
6. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1969, Page 508.
7. See Government of India Ministry of Home Affairs, Natification No. 3021, dated 18 th July
1969. published in Gazette of India (Extra.), Part II, Section 3 (ii), of 21st July, 1969.
8. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1971, Page 990.
The Punjab Agricultural Produce Markets [Punjab Act]
1 2 3 4
Amended by Haryana Act 31 of 19711
Amended by Haryana Aet 46 of 19712
Amended by Haryana Act 4 of 19723
Amended by Haryana Act 23 of 19724
Amended by Haryana Act 21 of 19735
Amended by Haryana Act 32 of 19746
Amended by Haryana Act 10 of 19747
Amended by Haryana Act 17 of 19758
Amended by Haryana Act 21 of 19769
Amended by Haryana Act 5 of 197610
Amended by Haryana Act 22 of 197711
Amended by Haryana Aet 13 of 197812
Amended by Haryana Act 19 of 197813
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1971, Page 1038.
2. For Statement of Objects and Reasons, See Haryana Covernment Gazette
(Extraordinary), 1971, Page 1208.
3. For Statement of Objects and reasons, see Haryana Government Gazette
(Extraordinary), 1972, Page 48.
4. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1972, Page 1200.
5. For Statement of Objects and Reasons, see Haryana Governemtn Gazette
(Extraordinary), 1974, Page, 275.
6. For Statement of Objects and R easons, see Haryana Government Gazette
(Extraordinary), 1973, Page 1426.
7. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1974, Page 118.
8. for Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1974, Page 1852.
9. For Statement of Object and Reasons, see Haryana Government Gazette
(Extraordinary), 1975 Page 828.
10. For Statement of Objects and Reasons, see haryana Government Gazette
(Extraodinary), 1976, Page 1640.
11. For Statement o f Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1977, Page 1640.
12. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1978, Page 210.
13. For Statement of Objects and see Haryana Government Gazett e (Extraordinary), 1978,
Page 1162.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
1 2 3 4
Amended by Haryana Act 10 of 19711
Amended by Haryana Aet 19 of 19802
Amended by Haryana Act 28 of 19803
Amended by Haryana Act 38 of 19804
Amended by Haryana Act 23 of 19865
Amended by Haryana Act 4 of 19886
Amended by Haryana Act 18 of 19887
Amended by Haryana Act 24 of 19888
Amended by Haryana Act 2 of 19889
Amended by Haryana Act 1 of 198910
AN ACT
“to provide f or improved regulation in marketing of agricultural produce, development of
efficient marketing system, promotion of agri -processing and agricultural export and the
establishment and proper administration of markets for agricultural produce in the State of
Haryana and to put in place an effective infrastrucuture for marketing of agricultrual produce and
lay down procedures and systems thereto.”
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1979, Page 506.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1980, Page 444.
3. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1980, Page 1296.
4. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1980, Page 2223.
5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1986, Page 1310.
6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1987, Page 2018.
7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1988, Page 368.
8. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1988, Page 1316.
9. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1989, Page 387.
10. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1989, Page 1799.
11. Substituted for the Words “State of Punjab” see haryana” by Punjab State Agricultural
Marketing Board and Marketing Committes (Reconstitution and Reorganisation), Order,
1969.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Short title extent
and
commencement
Be it enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic
of India as follows :-
1[(1)] This Act may the called the Punjab Agricultural Produce markets Act, 1961.
1[(2)] It extends to the State of Punjab & Haryana, the territories transferred to the Union
Territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of
1966) and the Union Territory of Chandigarh.]
2. In this Act, unless the context otherwise requires,
(aa) “agriculturist” means a person who is a resident of notified market area and who is
engaged in production of agricultural produce by himself or by hired labour or otherwise,, but
does not include any market functionary. If a question arises whether any person is an
agriculturist or not for the purpose of this Act, the decision of the Collector of the district in
which such person is engaged in the production or growth of agricultural produce shall be
final;
2 [(b) “Board” means the Punjab State Agricultural marketing Board or the Haryana state
Agricultural Marketing Board established under the Act for the state of Punjab or the State of
Haryana and including the Administrator of the Union Territory of Himachal Pradesh
functioning as the Board for the transferred territory and the administor of the Union Territory
of Chandigarh functioning as the Board for the Union Territory of Chandigarh.]
(c) “broker” means a persons other than a private servant or an auctioneer, usually employed
on commission to enter into contracts on behalf of others for the purchase or sale of
agricultural produce;
‘(ca) “bus iness” means purchase -sale, processing, value addition, storage, transportation
and connected activites of agricultural produce;
(cb) “buyer” means a person a firm, a company or co -operative society or governernment
agency, public andertaking/public agenc y or corporation, commission agentwho himself or
on behalf of any other person or agent buys or agrees to buy agricultural produce in the
market area as notified under this Act;
3 [(cc) “Chief Administrator” means the Chief Administrator of the Board :]
(d) “Committee” means a market Committee established and constituted under sections 11
and 12 :
4(da) “contract farming” means farming by a contract farming producer under a written
agreement with contract farming sponsor to the effect that his farm produce shall be
purchased as specified in the agreement;
Definitions.
1. Substitued for old sub -section (2) by the Punjab State Agricultural Marketing board and
Marketing Committees (Reconstitution and Reorganisation), Order, 1969.
2. Substituted by the Pu njab State Agricultural Marketing Board and Marketing Committee
(Reconstitiution and Reorganisation), Order, 1969.
3. Inserted by ibid.
4. Inserted by Haryana Act 28 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
(db) “contrac t farming agreement” means an agreement made for contract farming between
contract farming sponsor and contract farming producer;
(dc) “contract farming producer” means an agriculturist, association of agriculturists, self -help
group, authorised tenants of agriculturist, co-operative societies registered under the Haryana Co-operative
Societies Act, 1984 (22 of 1984), and shall include the successors, heirs, executors and representatives of
the party executing the agreement;
(dd) “contract farming sponsor” means a person, a sole proprietor, a company registered under the
Companies Act 1956 (1 of 1956), a (9 of 1932), a Government agency, a co -operative society registered
under the Haryana Co -operative Societies Act, 1984 (22 of 1984), and shall include its administrators,
successors, representatives and assignees;
(e) “Cooperative Society” means a Co -operative Society registered or deemed to be registered under the
Punjab Co-operative Societies Act, 1954, * 3 [or any other corresponding law for the time bein g in force]
which deals in the purchse, sale, processing or storage of agricultural produce, or is otherwise engaged in
the business of disposal of agricultural produce;
(f) “dealer” means any person who within the notified market area sets up, establishes or continues or allows
to be continued any place for the purchase,
sale, storage or processing of agricultural produce notified under sub -section (1) of section 6 or
purchases, sells stores, or processes such agricultural produce;
1[g] “Director” means the Director of Marketing for the State of Punjab or the State of Haryana or the
transferred territory of the Union territory of Chandigarh, as the case may be, and includes a joint Director of
Marketing]
(h) “Godown keeper means a person, other than a producer who stores agricultural produce for
himself for sales or stores agricultural produce of others in lieu of storage charges;
2[hh] “Licensee” means a dealer to whom a licence is granted under section 10 and the rules made
under this Act and includes any person who purchases or sells agricultural produce and to whom a licence
is granted as Kacha Arhtia or Commission agent or otherwise but does not include a person licenced under
section 13.}
1. Subsituted for clause (g) by the Punjab State Agricul tural Marketing Board and Marketing
Committees (Reconstitution and Reorganisation), Order, 1969.
2. Clause (hh) inserted by Haryana Act 5 1976 and shall always be deemed to have to have been
inserted.
3. Clause (i) omitted by Punjab Act 40 of 1963.
4. Clause (kk) added by Punjab Act 40 of 1963.
5. Subsititued by Haryana Act 28 of 1980.
6. Inserted by ibid w.e.f. 7-4-1979.
7. Inserted by Haryana Act 18 of 1998.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Construction of
certain
references in
the Act.
(i) “Market” means any area including all lands with the buildings thereon, within such
distance of the Principal market or sub -market yard, as may be notified in the Official
Gazette by the State Government, to be a market proper;
‘(ia) “marketing” means all activities involved in the flow of agricultural produce from
the production points commencing from the stage of harvest till these reach the
ultimate consumers viz. grading, processing, storage, transport, channels of
distribution and all other contract farming;
(k) Market proper” means any area including all lands with the buildings
thereon, within such distance of the Principal market or sub -market yard, as may be
notified in the Official Gazette by the State Government, to be a market proper;
4[kk] “member” includes the 5(Chairman and the Chief Administrator) of the
Board;)]
(l) “notified market area” means any area notified under section 6;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “principle market yard” and “sub -market yard” means an enclosure,
building or locality declared to be a principle market yard and sub -market yard under
section 7;
6[nn “processing” means giving a treatment or a series of treatment to an
agricultural pro duce in order to make it fit for use or consumption and includes
manufacturing 7(out) of an agricultural produce;]
1[o] “producer” means a person whose sole avocation is to produce, grow or rear
agricultural produce, through tenants or otherwise. If a ques tion arises as to whether
any person is a producer or not for the purposes of this Act, the decision of the Deputy
Commissioner of the district concerned shall be final:
Provided that no person shall be disqualified from being a producer merely on
the ground that he is a member of a Co-operative Society:
provided further that a person shall be disqualified from being a producer if he
subsequently obtains a licence under section 10 or section 13 of this Act.
Explanation.-The term “producer” shall also include tenants.
(p) 2[* * * * * * *]
(q) “retail sale” means sale of agricultural produce not exceeding such
quantity as may be prescribed:
(r) “Secretary” means the Executive Officer of a Committee and includes an Assistant
Secretary or a person officiating or acting as Secretary:
(s) “trade allowance” includes an allowance having the sanction of custom in the notified
market area concerned and market charges payable to various functionaries;
3[t] “transferred territory” means the territory transferred to the Union territory of Himachal
Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966)].
4[2A] In the application of the provisions of this Act,-
(1) to the State of Haryana, any reference therein to any expression mentioned in column
(1) of the Table below shall be construed as a reference to the corresponding expression
mentioned in column (2) of the said Table.
TABLE
1 2
State Government.
Punjab State or State of
Punjab Except in section
1of the Act.
State Agricultural Marketing
Board
The Government of the State of
Haryana.
State of Haryana.
Haryana State Agricultural
Marketing Board.
1. Clause (o) substituted by Haryana Act 21 of 1973 and futher substituted by Haryana Act
4 of 1998.
2. Clause (p) deleted by the Pu njab State Agricultural Marketing Board and Marketing
Committees (Reconstitutions and Reorganisation), order 1969.
3. Clause (t) added by ibid.
4. Section 2 -A added by the Punjab Agricultural Marketing Board and Marketing
Committees (Reconstitution and Reorganisation), Oreder, 1969.
The Punjab Agricultural Produce Markets
Act, 1961
3. (1) The State Government may, for exercising the powers
conferred on and performing the functions and duties assigned to the Board by
or under this Act, establish and const itute a State Agricultural Marketing Board,
consisting of 1[a Chairman 2(and a Chief Administrator, who shall be an officer of
the rank of the Head of the Department,) to be nominated by the State
Government and eleven other members of whom four shall be o fficials and
seven non-officials] to be nominated by the State Government in the following
manner :-
3[a] official members shall include the Director and three officials, one representing
the Agriculture Department, the second representing the Co -operative
Department, and the third representing the Animal Husbandry Department;]
(b) of the non-official members-
(i) one shall be producer member of Committees;
(ii) one shall be member of the other registered organisations
of the farmers’
(iii) one shall be progressive producer of the State of Haryana;
(iv) one shall be from among such persons licensed under
section 10 as are members of the committee; 5 X X X]
(v) one representing co-opertive societies.
(vi) one shall be amongst the persons licensed under section
10; and
(vii) one representing Panchyat Samities.
7[2)] The Director shall be the ex-officio Secretary of the Board.]
8[(3)] The Board shall be a body corporate as well as a local authority by the
name of the State Agricultural Mark eting Board having by the name sue and
be sued, and shall, subject to the provisions of this Act, be competent to
acquire and hold property both movable or immovable, to lease, sell or
otherwise transfer any movable or immovable property which may have,
become vested in or been acquired by it, and to contract and to do all other
things necessary for the purposes of this Act.]
State Agricultural
Marketing Board
constitution, powers and
duties.
1. Substituted for the words “fifteen other members of whom f our shall be officials and five
non-officials” by Haryana Act 32 of 1973.
2. Inserted by Haryana Act 28 of 1980.
3. Substituted for clause (a) of sub-section (1) of section 3 by Punjab Act 40 of 1963.
4. Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees
(Reconstitutions and Reorganisation), Order 1969.
5. Omitted by Haryana Act 32 of 1973.
6. Inserted by Haryana Act 32 of 1973.
7. Substituted for sub-section Act 32 of 1973.
8. Substituted by Haryana Act 4 of 1972.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
5[4] The non official members of the Board shall hold office during the pleasure of the State
Government; provided that their term of office shall not exceed three years.]
(5) No person shall be eligible to become a member of the Board who-
(a) does not ordinarily reside within the 1[State of Haryana];
(b) is below twenty-five-years of age;
6(c) [* * * * * * * *]
(d) is of unsound mind ; or
(e) has been declared as insolvent or sentenced by a crimi nal court, whether within or outside
the 1[State of Haryana] for an offence involving moral turpitude :
2 [Provided that the disqualification incurred under,-
6(i) [* * * * * * * * *]
(ii) Clause (e), 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 has expired.]
(6) A member of the Board may resign from membership by tendering his resignation to the
State Government through the Chairman of the Board and the seat of such mem ber shall
become vacant on the date of acceptance of his resignation:
3[Provided that the Chairman 4and the Chief Administrator) of the Board may resign by
tendering his resignation to the State Government.]
7 * * * * *
6[7A] Whenever any member of the Board dies, resignS, ceases to reside within the State
of Haryana or otherwise becomes incapable of acting as a member of the Board 8(or any
vacancy occurs otherwise) the state Govt. may appoint another member in his place in
the manner as provided in sub -section (1) to whichever category the vacating member
belongs; provided that the term of office of the member so appointed shall expire on the
same date as the term of office of the vacating member would have expired had the latter
held office for the full period allowed under sub-section (4).].
1. Subsituted for the Words “Punjab State” by the Punjab State Agricultural Marketing
Board and marketing Committee (Reconstitution and Reorganisation) Order, 1969.
2. Substituted for proviso to sub-section (5) of section 3 by Haryana Act 30 of 1971.
3. Proviso to sub-section (6) of section 3 added by Punjab Act 40 of 1963.
4. Inserted by Haryana Act 28 of 1980.
5. Inserted by H.A. 4 of 1980 and further substituted by H.A. 24 of 1988.
6. Omitted by H.A. 2 of 1989.
7. Inserted by H.A. 2 of 1986.
8. Inserted by Haryana Act 2 of 1989.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
(8) The State Government shall exercise superintendence and control over the Board and its officers
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 suspend the Board and, till such time as a new Board is constituted, make
such arrangements for the exercise of the functions of the Board as it may think fit:
Provided that the Board shall be constituted within six months from the date of its suspension.
(9) The Board shall exercise superintendence and control over the Committees.
1[(10) The State Government, the Deputy Commissioner, Sub-Divisional Officer (Civil)- (the Chairman, the
Chief Administrator) or Secretary of the Board or any other officer of the Board authorised in this
behalf by the Boa rd, may call for any information or return relating to agricultural produce from a
Committee or a godown -keeper or other functionaries and shall have the power to inspect the
records and accounts of a Committee and stock and accounts of any godown -keeper o r other
functionaries for that purpose.]
2[(11) * * * * * *]
2[(12) * * * * * *]
(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 sub mitted every year for
sanction of the State government not later than prescribed date. The State Government shall
sanction 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 Government,
frame bye-laws for-
(a) Regulating the transaction of business at its meetings :
(b) the assignment of duties and powers of the Board to its Chair man, Secretary or persons
employed by it; and
(c) Such other matters as may be prescribed.
1. Substituted by Haryana Act 21 of 1973 and further substituted by Haryana
Act 28 of 1980.
2. Omitted by Haryana Act. 21 of 1973.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Execution of
contracts by Board.
(15) 1[Four] members shall constitute a quorum at a meeting of the Board:
Provided that if a meeting is adjourned for want of quoru m, no quorum
shall be necessary at the next meeting called for transacting the same
business.
(16) All questions before a meeting of the Board shall be determined by a
majority of votes of the members present and voting and, in case of
equality of votes, the Chairman may exercise a casting vote.
(17)(i) The State Government may delegate to the Board or its 2[Chairman,
Chief Administrator] or Secretary, any of the powers conferred on it by
or under this Act; and
(ii) the Board may, under Intimation to G overnment, delegate any of its
powers to its 2[Chairman, Chief Administrator], Secretary, or any of its
officers.
(18) The headquarters of the Board shall be located at a place to be
determined by the State government.
(19) No act or proceeding of the Boar d shall be invalid by reason only of the
existence of any vacancy among its members or any defect in the
constitution thereof.
3[3A(1) Every contract entered into by the Board shall be in writing and shall be
signed on behalf of the Board by the Chief Administrator or any Group A
Officer of the Board duly authorised by him in this behalf and shall be
sealed with the common seal of the Board.]
(2) No contract other than a contract executed as provided in sub -section
(1) shall be binding on the Board.]
4. 4[X X X X X]
5. The State Government may, by notification, declare its intention of
exercising control over the purchase, sale, storage and processing of such
agricultural produce, and in such area as may be specified in the notification.
Such notification s hall state that any objection or suggestions which may be
received by the State Government within a period of not less than thirty days
to be specified in the notification, will be considered.
Notification of
intention of exercising
control over
purchase, sale,
storage and
processing of
agricultural produce
in specified area.
1. Subsituted for the word “Seven” by the Punjab State Agricultural marketing Board and
Marketing Committees (Reconstitution and Reorganistion Order, 1969.
2. Substituted for the word “Chairman” by the Punjab Act 40 of 1963 and further substituted
by Haryana Act 28 of 1980.
3. Section 3-A added by Haryana Act 4 of 1972 Section 3 further sub. by H.A. 38 of 1980
further substituted by Haryana Act 2 of 1989.
4. Section 4 omitted by Ha ryana Act 22 of 1977 and shall always be deemed to have been
omitted.
No. 23 of 1961] The Punjab Agricultural Produce Markets
Act, 1961
6. (i) After the expiry of the period specified in the notification under
section 5 and after consideri ng such objections and suggestions as may
be received before the expiry of such period, the State Government may,
by notification and in any other manner that may be prescribed, declare
the area notified under section 5 or any portion thereof to be a notif ied
market area for the purposes of this Act in respect of the agricultural
produce notified under section 5 of any part thereof.
1[ (2) * * * * * *]
1[ (3) * * * * * *]
(4) for the removal of doubts, it is hereby declared that a notification
published in the Official Gazettee under this section or section 5 shall have
full force and effect notwithstanding any omission to publish, or any
irregularity or defect in the publication of, a notification under this section
or under section 5 as the case may be.
1[ 6A. (1) The State Government may, by notification, declare its intention-
(i) to alter the limits of a market area by including therein any other area in
the vicinity thereof or by excluding therefrom any area comprised therein :
or
(ii) to amalga mate two or more market areas and constitute one
Committee thereof ; or
(iii) to split up a market area and to constitute two or more Committees
therefor.
(2) Every Notification issued under sub -section (1) shall define the limits
of the area which is intended to be included in or excluded from a market
area, or of the market area intended to be amalgamated into one, or of
the area of each of the market intended to be constituted after spliting up
an existing market area, as the case may be, and shall also specify the
period which shall not be less than thirty days within which objections, if
any, shall be received by the State government.
6.B (1) Any inhabitant of the market area or of the area affected by the
notification issued under sub-section (1) of section 6A may, if he objects to
anything contained therein, submit his objections in writing to the State
Government within the period specified for this purpose in the said
notification
(2) When the period specified in the said notification has expi red and the
State government has considered and passed orders on such objections
as may have been submitted to it within the said period, the State
Government may, by notification.-
(a) include the area or any part thereof in the market area or exclude it
therefrom ; or ]
Declaration of notified
market area.
Notifiction of intention to
alter limits of or to
amalgamate or to split up
markets areas.
Procedure subsequent to
notification under section
6A.
1. Omitted by Haryana Act 21 of 1973.
2. Inserted by Haryana Act 21 1973.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Power of State
Government to
issue consequential
order with respect
to constitution, etc.
of Committee on
alteration of limits,
amalgamation or
spliting up.
(b) constitute a new Committee for the market area amalgamated :
or
(c) split up an existing market area and constitute two or more Committees for
such areas, as the case may be.
6C. Where a notification under section 6B has been issued the State
Government may make such consequential orders as it may deem fit in
respect of -
(a) the constitution of the Committee for the altered area where an area has
been included in or excluded from market area ;
(b) dissolution of the existing Committee which have been amalgamated and
the constitution of the new committee there for ;
(c) the dissolution of the Committee split up and the constitution of the
Committees established in its place thereafter and matters ancillary thereto.
6(D) Where a notification under section 6B has been issued excluding any area
from the market area and including any such area in any other market area
the State Government shall after consulting the Committee frame a scheme
to determine what portion of the assets and other properties vested in one
Committee shall vest in the other Committee and in what manner the
liabilities of the Committees shall be apportioned between the two
Committees and such scheme shall come into force on the date of
publication in the Official Gazette.
6E. On the issue of a notification under section 6B constituting a new Committee
for the market areas amalgamated the following consequences shall ensue,
namely-
(a) all the property under the control of a Committee immediately before the
date of amalgamation including funds shall be the property and fund of the
new Committee ;
(b) the staff of the Committees of the amalgamated market areas shall, until
otherwise ordered by the Act, be continued and deemed to be the staff
appointed by the new Committee ;
(c) all rules, bye -laws, orders and notifications in force in the area of the
Committees amalgamated immediately before the date of amalgamation shall,
except the rules, bye -laws, orders and notifications in respect of such matters, as
may be specified by the State Government by notification issued in that behalf,
stand repealed and the rules, bye -laws, order, and notifications in respect of
matters specified therein shall operate, throughout the area of new Committee until
altered, amended or cancelled in accordance with the provisions of this Act ;
Effect of alteration
of limits.
Effect of
amalgamation.
The Punjab Agricultural Produce Markets
Act, 1961
(d) any right, privilege, obligation or liability acquired, accrued or
incurred by the Committees amalgamated shall be deemed to be the right,
privilege, obligation or liability acquired, accrued or incurred by the new
committee.
6F On the issue of notification under section 6B splitting up a market
area into two or more market areas the following consequences shall ensue,
namely -
(a) All rules, by -laws and orders, in force in the area of the original
Committee immediately before the market area of such Committee is split
up, shall continue to be inforce in the areas comprised in t he new
Committees until altered, amended or cancelled in accordance with the
provisions of this Act;
(b) All property vested in the original Committee shall subject to any orders
of the State Government be held and expended by the Board for the
purposes of the areas of the newly constituted Committees.
6G. (1) The assets and liabilities of Committee of the original market
area shall in accordance with the provisions of the Act be apportioned by the
State Government between several Committees of the new m arket areas
newly constituted.
(2) The staff of the committee of the original market area shall be
absorbed by the Committees newly constituted, in accordance with the
orders of the Board issued in this behalf.
6H. (1) The Committee or Committees of the new market area or areas
shall be deemed to be the representative of the original Committee or
Committees for the purposes of suing or being sued or for continuing
pending suits or proceedings by or against the Committee or Committees of
the original market area or areas.
(2) If any dispute arises between the Committees as regards their
respective liability or claim under decree or order the matter shall be referred
to the State Government whose decision shall be final.
6I. When under section 6B a new Com mittee is constituted by
amalgamation of two or more Committees or where two or more new
Committees are constituted by splitting up of an existing Committee, the pay
and allowances, pension and retirement benefits, if any, of all employees of
the Committees amalgamated or split up shall be the pay and allowances,
pension and retirement benefits as in force immediately before the date of
amalgamation or splitting up, as the case may be.]
7 (1) For each notified market area, there shall be one principal mark et yard
and one or more sub-market yards as may be necessary.
(2) the State government may, by notification, declare any enclosure,
building or locality in any notified market area to be principal market yard for the
area and other enclosures, building or localities to be one or more sub -market
yards for the area.
Effect of splitting up.
Apportionment of
assets and liabilities
of Committee split up.
Suits by or against
new Committee.
Saving as to existing
employees of
Committees or
Committees
amalgamated or split
up.
Declaration of market
yards.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Control of sale and
purchase of
agricultural
produce.
1[8(1) From the date of issue of notification under section 6 or from su ch
later date as may be specified therein, no person, unless exempted by rules
made under this Act, shall, either for himself or on behalf of another person
or the State Government, within the notified market area, set up, establish or
continue or allow to be continued any place for the purchase, sale, storage
and processing of the agricultural produce or purchase, sell, store or
process such agricultural produce except under a licence granted in
accordance with the provisions of this Act, the rules and by e-laws. made
there under and the conditions specified in the licence.
(2) From the date on which the State Government has, by a
notification under section 7, declared any place to be a principal or sub -
market yard, no person, municipal committee, panchaya t, panchayat samiti
or any other local authority, not withstanding anything contained in sub -
section (I) or in any enactment relating to such municipal committee
panchayat samiti, panchayat or local authority, shall be competent to set
up, establish or c ontinue or allow to be continued any place within a
distance of five kilometers from the outer limits of such market yard for the
purchase and sale of any agricultural produce:
Provided that nothing herein contained shall apply to the sale of agricultural
produce stored in a cold-storage or processed and kept in a factory.
(3)Nothing contained in sub-sections (1) and (2) shall apply to
(a) the sale of agricultural produce by a producer himself to any person who
purchases it for his private consumption ;
(b)the purchase by a person from any person of any agricultural produce for
his private consumption ;
(c) the sale or purchase of agricultural produce through retail sale ; and
(d)The storage or the sale of hypothecated agricultural produce by a
scheduled bank or ware house established under the Warehousing
Corporations Act, 1962, or the Punjab Warehouses Act, 1957.
(4)The State Government may, for reasons to be recorded in writing, exempt
any class of dealers from the provisions of sub-sections (1) and (2)]
1. Substituted by Haryana Act 21 of 1973 and further substituted by Haryana Act 21 of
1975.
2. Subsituted for the words “Chairman of the Board” by Punjab Act 40 of 1963 and further
substituted by Haryana Act 38 of 1980.
3. Substituted for the word “section 6” Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets -16 [Punjab Act]
Act, 1961
Procedure and form
of contract farming
agreement.
8(A) (1) The contract farming sponsor shall register himself with the Committee
or with a prescribed officer in such manner as may be prescribed;
(ii) contract farming sponsor shall get the contract farming agreement executed
with the contract farming producer and get the same registered with the officer
prescribed in this behalf. The contract f arming agreement shall be in such form
containing such particuiars and terms and conditions as may be prescribed for
marketing of contract farming produce.
(2) Notwishtanding anything contained in contract farming agreement, no
title, rights, ownership or possession of the land shall be transferred or alienated
or vested in the contract farming sponsor his successor or his agent as a
consequence arising out of the contract farming agreement.
(3) The contract farming sponsor shall be the buyer of the agric ultural
produce covered under the contract farming agreement. The business premises
of the sponsor shall be deemed to be the market yard for the purpose of sale
and purchase of agricultural produce covered under contract farming agreement
of that sponsor.
(4) Disputes arising out of the contract farming agreement may be
referred to any authority prescribed in this behalf for settlement. The prescribed
authority shall resoirve the dispute in the summary manner within thirty days
after giving the parties a r easonable opportunity of being heard in the manner
prescribed.
(5) The party aggrived by the decision of the prescribed authority under
sub-section (4) may prefer an appeal to an appellate authority as may be
prescribed, within thirty days from the date o f decision. The appellate authority
shall dispose of the appeal within thirty days after the parties reasonable
opportunity of being heard and the decision of the appellate authority shall be
final.
(6) The decision by the presribed authority under sub -section (40 and
decision in appeal under sub -section (5) shall have decrtal amount shall be
recovered as an arrear of land revenue.
(7) Disputes relating to and arising out of contract farming agreement
shall not be called in question in any civil court.’
9. 2[The Chief Administrator] or any other officer authorised by him in
writing in this behalf shall be the authority for granting licences required
under 3[Section 8.]
3[10(1) Any person may apply to the authority specified in section 9 for a licen ce
which may be granted for such period, in such form, on such conditions and on
payment of such fees and such security as may be prescribed :
Provided that if any person carrying on any business of the nature specified in
sub-section (1) of section 8 in a notiied market area on the date of issue of notification
under sub-section (1) of section 6 fails to appy for a licence on or before the date
specified therein for obtaining licence, the proper authority may, before a licence is
issued, impose on him suc h penalty not exceeding one hundred rupees as may be
prescribed.]
Authority to whom
applications for
grant of licences
are to be made
Application for
licences fees to be
paid and
cancellation or
suspension of
licences.
1. Substituted for the words “C hairman of the Board” by Punjab Act 40 of 1963 and further
substituted by the Haryana Act 38 of 1980.
2. Substituted for the words “section 6” by Haryana Act 21 of 1973.
3. Substituted by Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets
Act, 1961
(2) 2[The Chief Administrator or any other officer, authorised by him, in writing, in this behalf] may,
on being satisfied that 2[the licence has been obtained through wilful misrepresentation or
fraud or] there has been a breach of any of the con ditions specified in a licence, by an
order in writing, cancel or suspend such licence and may also direct that such licence shall
not be renewed for such period not exceeding five months for the first breach and not
exceeding nine months for the second br each and not exceeding one year for every
subsequent breach, as may be specified in that order :
Provided that the Chairman of a Committee of the area concerned may under intimation to
3[the Chief Administrator or any other officer, authorised by him in w riting, in this behalf]
suspend a licence for a period not exceeding fifteen days :
Provided further that no such order shall be made without giving the licencee, an
opportunity to show cause why such an order should not be made.
(3) 3[The Chief Adminis trator or any other Officer, authorised by him, in writing, in this
behalf] after such enquiry as he may consider necessary, refuse a licence to a person who
in his opinion -
(a) is a benamidar for or a partner with any person to whom a licence has been r efused or
whose licence is cancelled or suspended under sub -section (2) for the period of such
cancellation or suspension : or
(b) is convicted of an offence affecting the said person’s integrity as a man of business
within two years of such conviction ; or
(c) is undischarged insolvent:
Provided that no such order shall be made without giving such person an opportunity to
show cause why such an order should not be made.
4) Omitted
1. Substituted by Haryana Act 21 of 1973.
2. Inserted by Haryana Act 21 of 1973.
3. Substituted for the words “Chairman of the Board” by Punjab
Act 40 of 1963 and further substituted by Haryana Act 38 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Establishment of
market Committee.
Constitution of
Committees.
11. The State Government shall by notification establish a market committee for every
notified market area and shall specify its headquarters.
1[12 (1) A Committee shall consist of eleven or nineteen members as the State
government may in each case determine, out of whom one shall be an official
appointed by the State Government :
Provided that where in a notified market area there is in existence a Co -operative
Society, the Committee shall consist of twelve or twenty members as the case
may be.
(2) The remaining members shall be nominated by the State Government by
notification as follows :-
(a) if the Committee is to consist of eleven members, there shall be
nominated -
(i) seven members from amongst the producers of the notified
market area:
(ii) two members from amongst the persons licenced under section 10
: and
(iii) one member from amongst the persons licenced under section 13
:
Provided that the members nominated under this clause shall include at least one
person belonging to Scheduled Castes or Scheduled Tribes and one person
belonging to the Backward Classes, who are otherwise qualified to be nominated
as members of the Committee;
(b) if the Committee is to consist of twelve members, there shall be nominated, in
addition to the members specified in clause (a) one member representing the Co -
operative Societies ;
(c) if the Committee is to consist of ninteen members, there shall be nominated -
(i) twelve members from amongst the producers of the notified market area:
( i i ) f o u r m e m b e r s f r o m a m o n g s t t h e p e r s o n s l i c e n c e d u n d e r s e c t i o n 1 0 : a n d
( i i i ) t w o m e m b e r f r o m a m o n g s t t h e p e r s o n s l i c e n c e d u n d e r s e c t i o n 1 3 :
Provided that the members nominated under this c lause shall include at least two
persons belonging to Scheduled Castes or Scheduled Tribes and one person
belonging to the Backward Classes, who are otherwise qualified to be nominated
as members of the Committee;
(d) if the Committee is to consist of twe nty members, there shall be
nominated, in addition to the members specified in clause (c), one
member representing the Co-operative Societies ;
1. Section 12 subsituted by Haryana Act 25 oExcerpt shown. Open the full act in Lexace.