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The Gwalior Vyapar Mela Pradhikaran Adhiniyam, 1996

Madhya Pradesh · state statute
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MADHYA PRADESH ACT 
NO. 22 OF 1996 
THE GWALIOR VYAPAR MELA PRADHIKARAN ADHINIYAM, 1996.  
 
TABLE OF CONTENTS 
 
Sections : 
 
1. Short title, extent and commencement. 
2. Definitions. 
3. Constitution of Gwalior Trade Fair Authority. 
4. Removal of Member of Authority. 
5. Officers and other employees of the Authority 
6. Management and Control of the Trade Fair. 
7. Levy of Rent by the Authority 
8. Power of grant License. 
9. Power to remove persons from trade fair area. 
10. Fund of the Authority. 
11. Annual Report. 
12. Penalties. 
13. Immunity of Members 
14. Power to frame bye-laws. 
15. Power to make rules. 
16. Repeal. 
MADHYA PRADEHS ACT 
No. 22 of 1996 
THE GWALIOR VYAPAR MELA PRADHIKARAN ADHINIYAM, 1996. 
 
(Received the assent of the Governor on the 28 th  December 1996; assent first 
published to the "Madhya Pradesh Gazette (Extraordinary)", dated the 30 th  
December, 1996)  
 
 An Act to provide for the better management and control of the Gwalior Trade 
Fair. 
¼¼ ¼¼5½ 5½ 5½ 5½     
¼6½  
 Be it enacted by the Madhya Pradesh Legislature in the Forty-
Seventh Year of the Republic of India as follows :- 
1. (1)  This Act may be called the Gwalior Vyapar Mela Pradhikaran 
Adhiniyam, 1996. 
 (2) It extends to such area as may from time to time be defined by 
the State Government by notification as Gwalior Trade Fair 
area. 
 (3) It shall come into force on such, date as the State Government 
may, by notification, appoint. 
2. In this Act, unless the context otherwise requires -  
 (i) "Authority: means the Gwalior Trade Fair Authority 
constituted under Section 3. 
 (ii) "Trade Fair" means trade, industrial, agricultural, cattle fairs 
or any other fair as may be specified by the state Government 
from time to time held at Gwalior trade fair area. 
3. (1)  The State Government shall constitute a body to be called as 
"the Gwalior Trade Fair Authority" to manage and control the 
trade fair. 
 (2) The Gwalior Trade Fair Authority shall have a perpetual 
succession and a common scale and shall sue and be sued by 
the sard name. 
 (3) (The Authority shall consist of the following members, namely 
:- 
(i) the Minister incharge of the Commerce and Industry 
Department of the State or a person nominated by the 
State Government who shall be the Chairperson; 
(ii) the Commissioner, Gwalior Division, Gwalior or a 
person nominated by the State Government who shall 
be the Vice-Chairperson; 
(iii) a representative of Commerce and Trade ; 
(iv) a representative from the field of Arts and Culture; 
Short title,  and 
commencement. 
Definitions 
Constitution of 
Gwalior Trade 
Fair Authority. 
(v) a representative of Industry; 
(vi) the member of the House of People representing the 
constituency which wholly or partly falls within the 
Trade Fair Area; 
(vii) the Member of the Legislative Assembly representating 
the consistency which wholly or partly falls within the 
Trade Fairs area; 
(viii) the Mayor of Municipal Corporation, Gwalior; 
(ix) the President of the Zila Panchayat, Gwalior 
(x) one representative of the Trade Fair Authority of India, 
New Delhi; 
(xi) the Collector, Gwalior; 
(xii) the Zonal Industries Officer, Gwalior; 
(xiii) the General Manager, District Industries, Center, 
Gwalior who shall be the Secretary; 
(xiv) Three social workers from different fields. 
(4) All non-official members shall be nominated by the State 
Government and shall hold office for a term of three years 
from the date they assume charge. 
(5) the Authority shall maintain proper accounts and other 
relevant records and prepare an annual statement of 
accounts as may be prescribed. 
(6) The accounts of the Authority shall be audited in the 
prescribed manner. 
 
11. The Authority shall prepare in such from and by such date for 
financial year, as may be prescribed, its annual report giving full 
accounts its activities during the previous financial year are 
forwarded a copy thereof to the State Government. 
 
12. Any person who - Penalties 
¼13 
½ 
Annual Report 
 (a) makes any unauthorised construction within the trade fair 
area; or 
 (b)  uses unauthorisedly any place within the trade fair area as 
latrine, urinal or rubbished dumps or 
 (c)  plies any profession, trade or calling within the trade fair area 
without a licence obtained from the Authority or commits a 
breach of the condition of such licence; or  
 (d) contravenes any of the provisions of the Act or any rules made 
thereunder; or 
 (e) disobeys any order or directions in writing lawfully issued 
under this act; 
 
Shall be punishable on conviction with a fine which may 
extend to five thousand rupees and where the offence is 
continuing or recurring one with a further fine which 
may extend to rupees one hundred for every day after 
the date of first conviction during which the offender is 
proved to have persisted in such offence. 
 
13. No Suit or other legal proceedings shall be brought against any 
member of the Authority for any act done or purported to have 
been done by him in good faith in the performance of his duties as 
such member nor shall he be personally liable for any act or 
omission of the said Authority. 
 
14. The Authority may, with the approval of the Government from time 
to time, frame bye-laws for regulating its procedure or for 
management and control of the fair or for levying any fee or other 
charges. 
Immunity of 
members. 
Power of frame 
bye-laws 
 
15.  (1)  the State Government may be notification in the Official 
Gazette, make rules for carrying out the provision of this Act. 
 (2)  In particular and without prejudice to he generality of the 
foregoing powers, such rules may provide for all or any of the 
following matters, namely :- 
 (a)  travelling and daily allowance payable to the non-official 
members ; 
 (b)  salaries and allowance payable to the officers and other 
employees and other terms and condition of their service. 
 (c)  sanitation in the mela area. 
 
(5)  No act or proceedings of the Authority shall be invalid merely on 
the grounds of the existence of any vacancy in or any defect in the 
constitution of the Authority. 
(6)  The non-official members shall be paid such traveling and daily 
allowances as may be prescribed. 
 
4. If in the opinion of the State Government the continuance of any 
member in the Authority is undersirable it shall be open to the 
Government to remove such member from the Authority without 
assigning any reasons therefor. 
 
5.  (1) The authority may appoint such number of officers and 
employees as may be necessary for the efficient performance 
of its functions. 
 
 (2) The salaries and allowances payable to and the other terms 
and conditions of the officers and other employees appointed 
for the purpose of the Authority shall be such as may be 
prescribed. 
Power to make 
rules. 
Removal of 
Member of 
Authority 
officer and othe 
r 
employees of the 
authority 
¼7½  
 
6. As soon as the Authority constituted by that State Government 
under Section 3, the management and control of the Gwalior Mela 
and the assets and liabilities, if any, of the Gwalior Mela 
Committee managing the Gwalior Mela at the time of constitution 
of the Authority together with all funds, if any, shall pass on and 
be vested in the Authority. 
 
7. Not withstanding anything contained in the Madhya Pradesh 
Municipal Corporation Act. 1956 (No. 23 of 1956) or any other law 
for the time being in force in the trade fair area, the Authority may, 
during the period of the trade fair which shall be notified by the 
State Government in the Gazette, levy such rent for the land 
comprised in the said area as may be specified in the bye-laws to 
be framed by the Authority with the approval of the State 
Government. 
 
8. The Authority may prescribe fees on payment of which and 
conditions subject to which any person or class of person may be 
licensed to ply any profession, trade or calling in the trade fair 
during the period of trade fair. 
9. If any officer specially empowered in this behalf by the Authority is 
satisfied that any person occupying any stall or space in the trade 
fair area is in unauthorised occupation of the stall or space or 
continues to occupy the stall or space after authority to occupy has 
ceased, he may, with previous sanctioned of the Authority, require 
such person to vacate the stall  or space withhin such time as may 
be mentioned in the requisition and such person may, in addition 
to any penalty to which he may be liable under this Act, be 
summarily removed from the stall or space. 
 
Management 
and Control of 
the Trade Fair. 
Levy of Rent by 
the Authority 
Power to grant 
Licence. 
Power to remove 
persons from 
trade fair area. 
Fund of the 
Authority 
¼15 
½ 
10. (1)  All moneys realised by or income accruing to the Authority 
shall be credited to a Fund to be called the "Gwalior Trade Fair 
Authority Fund|. 
 (2)  The Fund shall not be utilised for any purpose other than that 
of the Trade Fair. 
 (3) The moneys of the Fund shall be deposited either in a 
Scheduled Bank or a Co-operative Bank at Gwalior. 
 (4) The Fund shall be operated under the signature of the 
Secretary of the Authority or such other officer authorized in 
this behalf by the Chairperson. 
 
 
 
 
 
 
 
 
 
 
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MADHYA PRADES ACT  
No. 35 of 1997 
THE GWALIOR VYAPAR MELA PRADHIKARAN (SANSHODHAN) 
ADHINIYAM, 1997 
 
(Received the assent of the Governor on the 22 nd  August, 1997, assent first 
published in the "Madhya Pradesh Gazettee (Extra-ordinary)" dated the 2 nd  September. 
1997)  
 
An Act to amend the Gwalior Vyapar Mela Pradhikaran Adhiniyam, 1996 
 
Be it enacted by the Mahdya Pradesh Legislature in the Forty-eighth year 
of the Republic of India as follows :- 
 
1. This Act may be called the Gwalior Vyapar Mela Pradhikaran 
(Sanshodhan) Adhiniyam, 1997 
2. In sub-section (3) of Section 3 of the Gwalior Vyapar Mela 
Pradhikaran Adhiniyam, 1996 (No. 22 of 1996) :- 
 
(a)  for Clause (ii), the following clauses shall be substituted, namely :- 
 (ii) a person nominated by the State Government who shall be the 
Vice-Chairperson. 
 (ii-a) Commissioner, Gwalior Division, Gwalior; 
(b)  for clause (xii) and (xiii), the following clauses shall be substituted, 
namely :- 
 "(xii)  the Zonal Industries Officer, Gwalior who shall be the 
Secretary ; 
 (xiii)  the General Manager, District Industries Centre, Gwalior; 
 
(c)  after clause (xiv) the following clause shall be added, namely :- 
 "(xv) the Inspector General of Police, Gwalior. 
Short Title 
Amendment of 
Section 3. 
¼19 
½ 
(d)  to provide safeguard against the out break or spread of fire. 
(e)  providing for the safety of building and structures set-up in the 
trade lare area and of articles brought into the fair; 
 
(f)  prescribing conditions subject to which huts, and other structures 
may be constructed including limits to the height of such huts or 
structures and the area on which they are to be built and 
distances between them; 
 
(g)  restricting the use of fires for cooking or for any other purpose; 
 
(h)  any other matter which is required to be or may be prescribed. 
 
(3)  Every rule made under this Act shall be laid as soon as may be 
after it is made before the Legislative Assembly. 
 
16. On and from the date of commencement of this Act, Qawad Mela 
Va Numaish Gwalior, 1934 and any other law for the time being 
enforce on the subject shall stand repealed. 
 
 
 
Repeal 

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