The Gwalior Vyapar Mela Pradhikaran Adhiniyam, 1996
Madhya Pradesh · state statute
Open in Lexace · Ask the AI about this actMADHYA 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
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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
Lex