LexThe Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1983 : Mah. XLII] 1
THE MUMBAI METROPOLITAN REGION SPECIFIED COMMODITIES
MARKETS (REGULATION OF LOCATION) ACT, 1983
[Text as on 30th July 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION
OF CARRYING TRADE AT UNAUTHORISED PLACES
3. Declaration of market area and market yards.
4. Constitution of first market committee.
5. Registration of persons lawfully engaged in specified trade.
6. Market committee to provide alternative trading facilities to registered persons in market
yards.
7. Prohibition on carrying on specified trade in any market area of market yard without a
licence.
CHAPTER III
CONSTITUTION OF MARKET COMMITTEES
8. Establishment of market committees.
9. Constitution of market committee.
10. Regulations of holding elections of members.
11. Publication of names of members.
12. Disputes in respect of election or nomination of members including Chairman and Vice-
Chairman.
13. Term of office of members of committee.
14. Resignation of members.
15. Removal of members.
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16. Casual vacancies.
17. Members to vacate office on expiry of term and appointment of administrator.
18. Election of Chairman and Vice-Chairman.
19. Term of office of Chairman and Vice-Chairman.
20. Honorarium to Chairman and Vice-Chairman.
21. Election of Chairman and Vice-Chairman.
22. Registration of Chairman and Vice-Chairman.
23. Removal of Chairman and Vice-Chairman.
24. Casual vacancies in office of Chairman and Vice-Chairman.
25. Chairman and Vice-Chairman to hand over charge of their respective offices and
consequences of refusal to hand over charge.
26. Constitution of standing committee.
27. Appointment of sub-committee.
28. Powers, functions, etc. of the standing committee and sub-committee.
29. Delegation of powers of committee to standing committee or sub-committee.
30. Meetings and conduct of business at meetings.
31. Members to act during vacancy, acts of committee etc., not to be invalidated by
informalities.
CHAPTER IV
POWERS AND DUTIES OF MARKET COMMITTEE
32. Powers and duties of committee.
33. Grant of licence to be regulated by by-laws.
34. Power of committee to levy fees.
35. Provision regarding transfer of immovable property of committee.
36. Transfer of immovable property of committee by the licensee.
37. Execution of contracts.
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CHAPTER V
MARKET FUND, FINANCE, ACCOUNTS AND AUDIT ETC.
38. Market Fund, its custody and investment.
39. Purposes for which Market Fund to be expended.
40. Constitution of special funds.
41. Power to borrow.
42. Accounts and Audit.
43. Budget.
44. Re-appropriation of budget provisions.
45. Application of property, funds, etc.
46. Annual report.
CHAPTER VI
ACQUISITION OF LAND
47. Application of the provisions of Chapter VIII of Mah. IV of 1975.
CHAPTER VII
OFFICERS AND SERVANTS OF A MARKET COMMITTEE
48. Appointment of Chief Executive Officer.
49. Powers and duties of the Chief Executive Officer.
50. Appointment of other officers and servants.
51. Conditions of service of officers and servants to be regulated by by-laws.
CHAPTER VIII
CONTROL
52. Inspection, enquiry, submission of statements, etc.
53. Duty of officer, servant or member to furnish information to Metropolitan Commissioner,
etc.
54. Seizure of account books and other documents etc.
55. Supersession of market committee.
56. Appointment of Administrator.
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57. Powers of Administrator.
58. Re-establishment of committee.
CHAPTER IX
APPEALS AND REVISION
59. Appeals.
60. Non-appealable orders.
61. Power of State Government to call for record of any case.
62. Finality of order.
63. Bar of jurisdiction.
64. Offences and penalties.
65. Offence by companies.
66. Cognizance and trial of offences.
67. Compounding of offences.
CHAPTER X
RULES AND BY-LAWS
68. Power to make rules.
69. Power of committee to make by-laws.
CHAPTER XI
MISCELLANEOUS
70. Power of State Government to amend Schedule.
71. Chairman, Vice-Chairman, members, Chief Executive Officer and other officers and
servants of committee to be public servants.
72. Protection of action taken in good faith.
73. Recovery of sums due to Government or committee.
74. Power to delegate.
75. Non-applicability of Bom. LVII of 1947.
76. Removal of difficulties.
SCHEDULE
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 25 of 1996 (4-9-1996)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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MAHARASHTRA ACT No. XLII OF 19831
[THE MUMBAI METROPOLITAN REGION SPECIFIED COMMODITIES MARKETS
(REGULATION OF LOCATION) ACT, 1983.]
[This Act received the assent of the President on the 22nd November 1983; assent was first
published, in the Maharashtra Government Gazette, Part IV, on the 2nd December 1983.]
An Act to regulate location of market areas and wholesale markets in respect of
specified commodities in the 2[Mumbai Metropolitan Region] and to established
market committees to manage and control different markets established in different
market areas for different commodities and to provide for matters connected
therewith or supplemental or incidental thereto.
WHEREAS, 3[the Mumbai Metropolitan Region Development Authority] has been established
under 4[the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975) ] for
the purpose of planning, co-ordinating and supervising the proper, orderly and rapid development of
the areas in the Bombay Metropolitan Region ;
AND WHEREAS, with the fast growth of population and commercial activities, the congestion
and consequent traffic, accommodation and other problems in 5[Brihan Mumbai] and particularly in
6[South Mumbai] have been increasing enormously and therefore the State Government has accepted
the policy to decongest the old island City and to shift as many commercial activitie s as possible to
place outside 7[South Mumbai] for achieving the objectives for which the Metropolitan Authority is
established;
AND WHEREAS, with a view to relieving some of the congestion, steps are being taken under
the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (Mah. XX of 1964 ), to shift
wholesale markets for some of the agricultural produce like onions and potatoes to 8[Navi Mumbai] ;
AND WHEREAS, necessity is increasingly felt to locate or relocate wholesale markets for some
of the non -agricultural products also like textile and iron and steel immediately and for other
commodities as soon as possible ;
AND WHEREAS, at present there is no provision of law available to enable the State
Government, the Metropolitan Authority or any local authority to take any appropriate steps for
establishing or shifting such markets to other localities ;
AND WHEREAS, it is therefore, necessary to enact a law immediately to regulate the location of
market areas and wholesale markets in respect of commodities specified, from time to time, under such
law and establish market committees to manage and control different mar kets established for different
commodities in different market areas and to provide for matters connected therewith or supplemental or
incidental thereto ; it is hereby enacted in the Thirty-fourth year of the Republic of India as follows :—
1 For Statement of Objects and Reasons of the L. A. Bill No. XXII of 1983, see Maharashtra Government Gazette 1983,
Extraordinary, Part V, dated 4th July 1983, at pages 254-256.
2 These words were substituted for the words ―the Bombay Metropolitan Region‖ by Mah. 25 of 1996, s. 1.
3 These words were substituted for the words ―the Bombay Metropolitan Region Development Authority‖ by Mah. 25 of
1996, s. 2(a)(i).
4 These words and figures were subst ituted for the words and figures ―the Bombay Metropolitan Region Development
Authority Act, 1974‖ by Mah. 25 of 1996, s. 2(a)(ii).
5 These words were substituted for the words ―Greater Bombay‖ by Mah. 25 of 1996, s. 2(b)(i).
6 These words were substituted for the words ―South Bombay‖ by Mah. 25 of 1996, s. 2(b)(ii).
7 These words were substituted for the words ―South Bombay‖ by Mah. 25 of 1996, s. 2(b)(ii).
8 These words were substituted for the words ―New Bombay‖ by Mah. 25 of 1996, s. 2(c).
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CHAPTER I
PRELIMINARY
1. Short title, extent, commencement and application. — (1) This Act may be called 1[the
Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983].
(2) It shall extend to all the areas for the ti me being comprised in 2[the Mumbai Metropolitan
Region] as defined in 3[the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV
of 1975)].
(3) It shall come into force in 4[Brihan Mumbai] at once. It shall come into force in any other area
area in the Bombay Metropolitan Region on such date as the State Government may, by notification in
the Official Gazette, appoint ; and different dates may be appointed for different areas.
(4) (a) It applies in the first instance in 5[Brihan Mumbai] to the tw o commodities that is to say,
(1) textiles, and (2) iron and steel, which are specified in the Schedule.
(b) The State Government may, either suo moto or on a request being made by the
Metropolitan Authority, by notification in the Official Gazette, amend the Schedule under section 70
by inserting therein any other commodity and may by the same notification or by like notification
declare that this Act shall apply in any area to any commodity (whether already included or newly
included in the Schedule) from such date as may be specified in such notification and different dates
may be specified for different areas and for different commodities.
2. Definitions.— In this Act, unless the context otherwise requires,—
(1) ―Authority‖ or ―Metropolitan Authority‖ means 6[the Mumbai Metropolitan Region
Development Authority] established under 7[the Mumbai Metropolitan Region Development
Authority Act, 1974 (Mah. IV of 1975)];
(2) ―by-laws‖ means the by-laws made by a market committee under this Act;
(3) ―Chief Executive Officer‖ means the Chief Executive Officer of the market committee
concerned;
(4) ―committee‖ or ―market committee‖ means the committee constituted in any market area
for any specified commodity;
(5) ―commodity‖ or ―specified commodity‖ means, any commodity for the time being
specified in the Schedule ;
(6) ―market‖ means any principal market established in any market area for any specified
commodity, and includes a subsidiary market ;
(7) ―market area‖ means any area declared under sec tion 3 as market area for any specified
commodity;
(8) ―market yard‖ means any area declared under section 3 to be a market yard of any
market, and includes a sub-market yard ;
1 These w ords, brackets and figures were substituted for the words, brackets and figures ―the Bombay Metropolitan
Region Specified Commodities Markets (Regulation of Location) Act, 1983‖ by Mah. 25 of 1996, s. 3(a).
2 These words were substituted for the words ―the Bombay Metropolitan Region‖ by Mah. 25 of 1996, s. 3(b)(i).
3 These words and figures were substituted for the words and figures ―the Bombay Metropolitan Region Development
Authority Act, 1974‖ by Mah. 25 of 1996, s. 3(b)(ii).
4 These words were substituted for the words ―Greater Bombay‖ by Mah. 25 of 1996, Sch., 3(c).
5 These words were substituted for the words ―Greater Bombay‖ by Mah. 25 of 1996, Sch., 3(d).
6 These words were substituted for the words ―the Bombay Metropolitan Region Development Au thority‖ by Mah. 25 of
1996, Sch., 4(a)(i).
7 These words were substituted for the words and figures ―the Bombay Metropolitan Region Development Authority Act,
1974‖ by Mah. 25 of 1996, Sch., 4(a)(ii).
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(9) ―Metropolitan Commissioner‖ means the Metropolita n Commissioner appointed under
1[the Mumbai] Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975)] ;
(10) ―prescribed‖ means prescribed by rules ;
(11) ―register‖ means the register prepared and maintained under section 5;
(12) ―registered trader‖ means a person whose name is, for the time being registered in the
register for the respective trade ;
(13) ―regulations‖ means regulations made under section 10 ;
(14) ―rules‖ means rules made by the State Government under this Act ;
(15) ―sale‖ with its grammatical variations and cognate expressions, means a sale of any
commodity by one person to another for cash or for deferred payment or for any other valuable
consideration, and includes a transfer of any commodity on the hire -purchase or other system of
payment of price by instalments or a sale by an agent on behalf of another person for commission
or other consideration ;
(16) ―Schedule‖ means the Schedule appended to this Act ;
(17) ―specified trade‖ means the wholesale trade in a specified commodity ;
(18) ―wholesale trade‖ means sale or purchase of any commodity for purposes other than
direct consumption or use by the purchaser, and shall include holding of stocks or warehousing of
the specified commodity at any place in the market area or in any market yard for such trade ; and
any such seller, buyer, holder of stock or warehous e-keeper shall be deemed to be ―a wholesale
trader‖ ;
(19) words and expressions used in this Act, not defined herein, shall have th e meanings
assigned to them in 2[the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah.
IV of 1975)].
CHAPTER II
DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF
CARRYING TRADE AT UNAUTHORISED PLACES
3. Declaration of market area and market yards. — (1) On the recommendation of the
Metropolitan Commissioner, the Metropolitan Authority may, by notification in the Official Gazette,
declared any area in the Metropolitan Region described in the notification to be the market area in
respect of any specified commodity and shall by the same or by a separate notification specify one or
more market yards and sub -market yards for the market area, which may, if necessary, be located
outside the market area.
(2) Before making any recommend ation for issue of any notification under sub -section (1), the
Metropolitan Commissioner shall cause to be published in the Official Gazette , and in at least two
newspapers having circulation in the proposed market area, a public notice of his intention to
recommend to the Authority to issue such notification in respect of the area and the commodities
described in such notice and inviting obje ctions or suggestions in writing in respect of the said
intention, within forty days from the date of publication of the public notice in the Official Gazette.
Any objections or suggestions which may be received by the Metropolitan Commissioner in time sha ll
be taken into consideration by him, before making his recommendation to the Authority.
(3) A plan showing the boundaries of the market area as declared under sub -section (1) and the
boundaries of the market yards shall be made available for inspection at the office of the Metropolitan
1 These words and figures were substituted for the words and figures ―the Bombay Metropolitan Region Development
Authority Act, 1974‖ by Mah. 25 of 1996, Sch., 4(b).
2 These words and figures were substituted for the words and figures ―the Bombay Metropolitan Region Development
Authority Act, 1974‖ by Mah. 25 of 1996, s. 4(c).
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Commissioner and of the market committee and at such other places as may be notified by him in this
behalf.
4. Constitution of first market committee.— (1) As soon as possible, after any area is declared
to be a market a rea for any commodity under sub -section (1) of section 3, the State Government shall,
by notification in the Official Gazette, constitute the first market committee therefor which shall consist
of a Chairman, a Vice -Chairman and such number of other member s nominated by the State
Government as the State Government may consider necessary.
(2) Every member (including the Chairman and Vice -Chairman) shall hold office for such period
as the State Government may fix in each case.
(3) All members (including the Chairman and Vice-Chairman) of the first market committee shall
be deemed to vacate office, when the first meeting of the successor market committee duly constituted
under sub-section (1) of section 9 is held, at which a quorum is present.
5. Registration of persons lawfully engaged in specified trade.— (1) As soon as possible, after
any area is declared to be a market area for any commodity, the Chief Executive Officer shall issue a
notice and publish it in at least four newspapers having circulation in the market area, inviting all
persons lawfully engaged in the specified trade to apply in writing to him for registering themselves
with the market committee. Such applications shall be invited within a reasonable period as may be
specified in the notice which shall not be less than fifteen days and shall not be more than forty -five
days, calling upon the applicants to adduce evidence that the applicants have been actively and
lawfully engaged in the specified trade in the area immediately before the date of notification issued
under sub-section (1) of section 3.
(2) Any person other than the person referred to in sub -section ( 1) intending to carry on a
specified trade in any market yard shall also apply to the Chief Executive Officer for registering his
name with the market committee.
(3) The application for such registration shall be made in such form and shall be accompanied by
such documents as the Chief Executive Officer may, with the approval of the Metropolitan
Commissioner, notify. It shall also be accompanied by such fee as may be laid down by the by-laws.
(4) The Chief Executive Officer shall consider all applications received by him, if he is satisfied,
on making such further inquiry (if any) as he may deem fit, that any applicants were actively and
lawfully engaged in or intending to carry on the specified trade, he shall include their names in the
register to be main tained by him and inform the applicants accordingly. Every such registered person
shall be eligible to get a licence as provided in section 33.
(5) If the Chief Executive Officer refuses to register the name of any person who has applied for
the same, he shall communicate his decision in writing with reasons therefor to such person :
Provided that, no order under this sub -section shall be passed, unless the person concerned is
given a reasonable opportunity to state his case.
(6) If the Chief Executive O fficer, on application made to him or on his own motion, is satisfied,
after such inquiry as he thinks fit, that any entry in the register is erroneous or defective in any
particular or should be deleted on the ground that the person concerned has ceased t o carry on the
specific trade, he may, after giving a reasonable opportunity of being heard to the person concerned,
amend or delete the entry.
(7) Any person aggrieved by any decision of the Chief Executive Officer in regard to the refusal
or registration or amendment or deletion of any entry of his name in the register may make an appeal in
writing to the Metropolitan Commissioner within one month of the receipt of the communication from
the Chief Executive Officer in that regard.
(8) The decision of the Chief Executive Officer in regard to such registration, and where an
appeal is made against it, the decision of the Metropolitan Commissioner, shall be final.
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6. Market committee to provide alternative trading facilities to registered persons in
market yards.— (1) It shall be incumbent on the market committee to provide every registered trader
with suitable alternative facilities at such places in the market yard of s uch nature and size and on such
terms and conditions as the committee may determine, to enable him to carry on his specified trade in
the market yard :
Provided that, if any such person fails to utilise the alternative facilities so provided, within sixty
days from the date of the allotment order made by the committee in that behalf, the liability of the
committee to provide such facilities shall cease.
(2) Any registered trader, being aggrieved by any allotment order of the committee, may appeal
to the Metropolitan Commissioner within one month from the date of receipt of such order, and the
order of the Metropolitan Commissioner on such appeal, shall be final :
Provided that, no order shall be passed by the Metropolitan Commissioner on such appeal against
any registered trader, without giving him a reasonable opportunity of being heard.
7. Prohibition on carrying on specified trade in any market area or market yard without a
licence.— (1) On and after the date specified by the Metropolitan Commissioner, by notification in the
Official Gazette (hereinafter referred to as ―the appointed date‖), no person shall carry on the specified
trade in any place in t he market area, other than in the market yard or sub-market yard, and except
under and in accordance with the conditions of a licence granted in that behalf under this Act.
(2) Save as otherwise permitted by the Metropolitan Authority, no local authority, having
jurisdiction in the market area, shall, on and after the appointed date, notwithstanding anything
contained in any law for the time being in force, establish, authorise or continue or allow to be
established, authorised or continued any place in th e market area as a market or a place to carry on the
specified trade and any permission or licence already granted by it shall stand cancelled on the
appointed date.
Upon such cancellation of any permission or licence, the holder of such permission or lice nce
shall not be entitled to claim and receive any compensation, but shall be entitled to claim and receive
such amount towards refund of the fees paid by him as is proportional to the unexpired period of such
permission or licence.
CHAPTER III
CONSTITUTION OF MARKET COMMITTEES
8. Establishment of market committees. — (1) For every market area, there shall be a market
committee. Every market committee shall be a body corporate by the name of ― The (name of area an d
commodities) Market Committee‖ as may be decided by the Metropolitan Authority. Every committee
shall have perpetual succession and a common seal, and may by its corporate name sue and be sued
and shall be competent to contract and to acquired, hold and dispose off property, both movable and
immovable, and to do all other things necessary for the purposes of this Act.
(2) The market committee shall be deemed to be a local authority within the meaning of the term
―local authority‖ as defined in the Bombay General Clauses Act, 1904 (Bom. 1 of 1904).
9. Constitution of market committee.— (1) A market committee shall consist of the following
members, namely :—
(a) six representatives elected by the licensees holding valid licences for carrying on the
specified trade in the market yard ;
(b) two representatives of the manufactures of the specified commodity or commodities for
which the market or market yard is established, nominated by an association or any other
organisation recognised by the Metropolitan Commissioner in this behalf ;
Provided that, in the absence of any such recognised association or organisation, the
representative of the manufacturers shall be nominated by the Metropolitan Commissioner ;
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(c) if the market area includes any part of the area of any Municipal Corporation, or if the
market yard is situated in any part of the area of any Municipal Corporation,—
(i) the Municipal Commissioner for such Municipal Corporation ; and
(ii) one representative of the Municipal Corporation of that area, elected by the
Councillors of that Corporation, from amongst themselves :
(d) if the market area includes any part of the area of any Municipal Council or if the market
yard is situated in any part of the area of any Municipal Council,—
(i) the Chief Officer of such Municipal Council ; and
(ii) one representative of the Municipal Council, elected by the Councillors, of that
Council, from amongst themselves :
Provided that, where the market area i ncludes any parts of the areas of more than one
Municipal Council or where the market yard is situated in any parts of the areas of more than one
Municipal Council, one representative of the Municipal Councils shall be nominated by the
Metropolitan Commissioner ;
(e) one representative of the labourers engaged in handling commodities in the market yard
nominated by a trade union of such labourers as is recognised by the Commissioner of labour,
Maharashtra State :
Provided that, if there are more than one such trade union or the absence of any recognised
union, the representative shall be nominated by the Commissioner of Labour ;
(f) one member of the Lok Sabha elected from a constituency of the Lok Sabha or any part
of such constituency, situated within t he limits of the market area, nominated by the State
Government ;
(g) two members of the State Legislature, not being members of the Metropolitan Authority,
elected from constituency of the State Legislature, or any part of such constituency, situated
within the limits of the market area or residing in the market area, nominated by the State
Government ;
(h) the Industries Commissioner, Maharashtra State, or his nominee ;
(i) one representative of Railways appointed by the Metropolitan Commissioner, in
constitution with the General Manager of the Railways operating in the market area ;
(j) one representative of the Ministry of Commerce, Government of India, nominated by that
Government ;
(k) one representative of the Transport Commissioner, Maharashtra State ;
(l) one representative of the Metropolitan Authority, other than the Metropolitan
Commissioner, nominated by the Authority ;
(m) the Chief Executive Officer of the Market Committee.
(2) When a market committee is constituted for the first time, all the members thereof shall be
nominated by the State Government, as provided by sub-section (1) of section 4.
(3) The members shall receive such allowances as may be determined by by -laws for meeting the
personal expenditure in attending the meetings o f the committee or standing committee or any sub -
committee or body thereof, or in performing any other functions as members :
Provided that the allowances payable,—
(i) to a member who is the member of Parliament shall not exceed the compensatory
allowance as defined in the Parliament (Prevention of Disqualifications) Act, 1959 (10 of 1959),
payable to him ;
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(ii) to a member who is the member of the Maharashtra State Legislature shall not exceed
the compensatory allowances permissible to him under entry 1 1 of the Maharashtra Legislature
Members (Removal of Disqualifications) Act (Bom. LII of 1956).
(4) If any authority, committee, association, union or body fails to elect or nominate any
members, the Metropolitan Commissioner shall give notice to them in such manner as he thinks fit,
requiring them to elect or nominate a member or members within one month from the date of the
notice ; and on the failure again to elect or nominate a member or members within the aforesaid period,
the Metropolitan Commissioner shall appoint on behalf to them or any of them, as the case may be, a
person or persons who are qualified to be elected or nominated, as the case may be, under sub -section
(1) as members.
10. Regulations for holding elections of members. — (1) The Execu tive Committee of the
Metropolitan Authority may make regulations generally to provide for or to regulate all matters
relating to elections to be held under this Act. The power to make regulations shall be exercisable by
the Executive Committee subject to the previous sanction of the State Government as hereinafter
provided.
(2) Without prejudice to the generality of the foregoing powers, the Executive Committee may
make regulations with regard to all or any of the following matters, namely :—
(a) the qualifications and disqualifications for voters and candidates for the election ;
(b) the preparation, publication and maintenance of list of voters ;
(c) the fixation of dates, time and place for various stages of election ;
(d) the appointment and duties of returning officers, presiding officers and other staff for
election ;
(e) the nomination of candidates, form of nomination paper, objection to nominations,
scrutiny of nominations and appeals against acceptance or rejection of nomination papers ;
(f) the deposits to be made by candidates ;
(g) the assignment of symbols to candidates ;
(h) the withdrawal of candidature;
(i) the appointment of agents of candidates ;
(j) the form of ballot paper ;
(k) the procedure in contested and uncontested elections ;
(l) the manner of recording votes ;
(m) the scrutiny of votes, counting or recounting of votes, declaration of results and
procedure in case of equality of votes ;
(n) the custody and disposal of papers relating to elections ;
(o) the circumstances in which poll may be suspended or held afresh ;
(p) any other matter relating to elections under this Act.
(3) (a) The Executive Committee, whenever it desires to make regulations under this Act, shall by
resolution at a special meeting, approve a draft of such regulations.
(b) As soon as possible after such resolution is passed the Executive Committee shall display
the draft of the regulations on the notice -board of the Office of the Chief Executive Officer and
publish a notice in at least two newspapers circulating in the market area and also in such manner, as
may in its opinion, be best calculated to inform the public and all persons likely to be affected by the
regulations so displayed and inviting their objections and suggestions in respect of the proposed
draft within a reasonable period to be specified in such notice.
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(4) The Executive committee shall consider the objections and suggestions received, if any, and
may by a resolution approve the final draft to the regulations.
(5) Within seven days of the passing of such resolution, the Chief Executive Officer shall submit
the final draft of the regulations approved under sub -section (4) to the State Government and the State
Government may sanction the regulations sent to it subject to such modification, if any, as it may think
necessary.
11. Publication of names of members.— The Metropolitan Commissioner shall, by notification
in the Official Gazette, publish the names of all the members of the committee, elected or nominated,
as the case may be, appointed under sub-section (1) of section 9 and the committee shall be deemed to
have been constituted from the date of such publication of names of members :
Provided that, if for any reason there is failure to elect or nominate a member on the part of any
of the electors or other authority competent to elect or nominate, the committee shall be deemed to
have been duly constituted if the name of two -thirds of the total number of members of the committee
are published in the Official Gazette, and as regards the names if the remaining members elected, or
nominated or appointed under the provisions of sub-section (1) of section 9 thereafter, the Metropolitan
Commissioner shall subsequently publish the names of the members in the Official Gazette, as and
when, a member is elected or nominated or, as the case may be, appointed.
12. Disputes in respect of election or nomination of members including Chairman and Vice-
Chairman.— No election of member (including Chairman and Vice -Chairman) may be called in
question, except by a petition presented to the City Civil Court or the Civil Judge (Senior Division)
within whose jurisdiction the market yard is situated, by a candidate at the election or by any person
entitled to vote at the election, within ten day s after the publication of the names of members in the
Official Gazette.
13. Term of office of members of committee. — (1) Except as otherwise provided in this Act,
the members of a committee (not being committee constituted for the first time) shall hold office for a
period of four years from the date referred to in sub-section (2) :
Provided that, the State Government may, by an order in the Official Gazette, extend the term of
office of members of any committee for a period not exceeding one year.
(2) The term of office of members of a committee shall be deemed to commence on the date of
the first meeting of the committee held in accordance with the provisions of sub-section (3).
(3) The first meeting of the committee shall be held on such date as may be fixed by the
Metropolitan Commissioner, or by the Chief Executive Officer if authorised by him by a general or
special order, in that behalf, which date shall be within thirty days from the date on which the names of
members are published in the Official Gazette and the Committee is constituted in accordance with the
provisions of section 11. Such meeting shall be presided over by the Chief Executive Officer.
(4) Notwithstanding anything contained in sub -section (3) such meeting shall not be held before
the expiry of the term of office of members of an existing committee.
14. Resignation of members. — Any member of the committee may resign his office by
tendering his resignation in wr iting to the Chief Executive Officer and such resignation shall be
effective on its receipt by the Chief Executive Officer.
15. Removal of members. — (1) The Metropolitan Commissioner may by himself or on the
advice of the Chief Executive Officer, remove any member from office if he—
(i) is or becomes subject to any of the disqualifications for becoming a member specified in
the regulations made under section 10 ; or
(ii) is professionally interested or engaged in any case for or against the committee ; or
(iii) absents himself from four successive meetings of the committee, except with the leave
of absence granted by the committee ; or
1983 : Mah. XLII] The Mumbai Metropolitan Region Specified 15
Commodities Markets (Regulation
of Location) Act, 1983
(iv) has, in the opinion of the Metro politan Commissioner, been guilty of or neglect or
misconduct in the discharge of his duties or any disgraceful conduct ; or
(v) has, in the opinion of the Metropolitan Commissioner, become incapable of performing
his duties as a member :
Provided that, no member shall be removed from office unless he has been given a reasonable
opportunity by the Metropolitan Commissioner to show cause why such action should not be taken
against him.
(2) Any person aggrieved by the decision of the Metropolitan Commissio ner may within a period
of fifteen days from the date of receipt of the decision of the Metropolitan Commissioner by him,
appeal to the State Government, and the orders passed by the State Government on such appeal shall be
final :
Provided that, no order shall be passed by the State Government in appeal against any member
without giving him a reasonable opportunity of being heard.
16. Casual vacancies.— (1) A casual vacancy of a member occurring in the committee due to
any reason whatsoever shall be filled by election or nomination or appointment, as the case may be, as
provided in sub-section (1) of section 9, within forty-five days of the occurrence of the vacancy :
Provided that, if the vacancy occurs within four months preceding the date on which th e term of
office of the member expires, the vacancy shall not, unless the State Government otherwise direct, be
filled.
(2) Where a person becomes or is elected or nominated or appointed as a member of the
committee by virtue of holding any office or bein g a member of the Parliament, State Legislature, any
local authority, committee, association or body, whether incorporated or not, he shall cease to be a
member of the committee, as soon as he ceases to be holder of that office or ceases to be such member,
as the case may be.
17. Members to vacate office on expiry of term and appointment of administrator.— (1) On
the expiry of the term or extended term of office of the members of a committee as mentioned in sub -
section (1) of section 13, all members of the committee shall vacate their office :
Provided that, if for any reasons whatsoever, a committee is not constituted in accordance with
the provisions of section 11 before the date of expiry of the term or extended term of office of the
members, then the powers and functions of the committee shall, until a committee is so constituted,
vest in an administrator appointed by the Metropolitan Commissioner :
Provided further that, if the appointment of the administrator is likely to continue for a period of
more than three months, the Metropolitan Commissioner shall obtain the approval of the State
Government before continuing such appointment beyond three months.
(2) The administrator shall receive such monthly salary and allowances from the Market Fund
and sh all be subject to such conditions of service as the State Government may from time to time
determine. When a salaried servant of the State Government is appointed as the administrator, such
contribution to his pension, leave and other allowances as may be required by the conditions of his
service under the State Government to be ma de by him or on his behalf, shall be paid to the State
Government from the Market Fund.
18. Election of Chairman and Vice-Chairman.— Every Committee shall have a Chairman and
a Vice -Chairman who shall be elected by the members of the committee in accorda nce with the
regulation made under section 10.
19. Term of offic e of Chairman and Vice -Chairman.— The term of office of the Chairman
and Vice-Chairman shall be two years from the date of the election or the remainder of their term of
office as members, whichever is less, but a retiring Chairman or Vice-Chairman shall be eligible for re-
election.
16 The Mumbai Metropolitan Region Specified [1983 : Mah. XLII
Commodities Markets (Regulation
of Location) Act, 1983
20. Honorarium to Chairman and Vice -Chairman.— The committee may, subject to the
provisions of by-laws made in that behalf, pay to the Chairman and Vice -Chairman an honorarium of
such amount as may be specified in the by-laws :
Provided that, no honorarium shall be payable to any Chairman or Vice -Chairman, if he is a
member of the Parliament or of the State Legislature.
21. Election of Chairman and Vice -Chairman.— Subject to the provisions of sub -section (1)
of section 4 the Chairman and the Vice-Chairman shall be elected in the first meeting of the committee
held in accordance with the provisions of sub-section (3) of section 13 and on the expiry of the term of
the Chairman and the Vice-Chairman under section 19 or, as the case may be, where there is a vacancy
of the Chairman or the Vice -Chairman, they shall be elected by the members in the meeting of the
committee to be called by the Chief Executive Officer, within fifteen days from the date on which the
term has so expired, or, as the case may be, the vacancy has occurred. Such meeting shall be presided
over by the Metropolitan Commissioner.
22. Resignation of Chairman and Vice -Chairman.— A Chairman or a Vice -Chairman may
resign his office by tendering his resignation in writing to the Chief Executive Officer and the
resignation shall be effective on its receipt by the Chief Executive Officer.
23. Removal of Chairman and Vice-Chairman.— A Chairman or a Vice-Chairman shall cease
to hold office, if the committee by a resolution passed by a majority of not less than two -thirds of the
total number of members of the committee, so decides at a meeting.
24. Casual va cancies in office of Chairman and Vice -Chairman.— If the office of the
Chairman or the Vice -Chairman becomes vacant due to any reason, the vacancy shall be filled by
election in accordance with the provisions of section 21 :
Provided that, the person so e lected shall hold office so long only as the member in whose place
he is elected would have held office, if the vacancy had not occurred.
25. Chairman and Vice -Chairman to hand over charge of their respective offices and
consequences of refusal to hand over charge. — (1) On the election of a new Chairman or Vice -
Chairman, the outgoing Chairman or Vice -Chairman, as the case may be, shall immediately hand over
charge of their respective office and all papers and property of the committee to the new Chairman , or
as the case may be, to the Vice-Chairman.
(2) If the outgoing Chairman or Vice -Chairman fails or refuses to hand over charge of his office
and all papers and property of the committee as required under sub -section ( 1), the Metropolitan
Commissioner or any officer empowered by him in writing in this behalf may, by order in writing,
direct the Chairman or the Vice -Chairman, as the case may be, to forthwith hand over charge of his
office and all papers and property of the Committee, if any, in his posses sion as such Chairman or
Vice-Chairman to the new Chairman or Vice-Chairman.
(3) If the outgoing Chairman or Vice-Chairman, to whom a direction has been issued under sub -
section ( 2), does not comply with such direction, the Metropolitan Commissioner or an y office
authorised by him under sub -section ( 2), may apply to the Executive Magistrate within whose
jurisdiction the committee is functioning for seizing and taking possession of papers, funds and
property of the committee in the possession of such Chairman or Vice-Chairman.
(4) On receipt of an application under sub -section (3), the magistrate may authorise any police
officer, not below the rank of a Sub-inspector of Police, to enter and search any place where the papers,
funds and property are kept or l ikely to be kept and to seize them and hand over possession thereof to
the new Chairman or Vice-Chairman, as the case may be.
26. Constitution of standing committee. — For every market committee, there shall be a
standing committee, which shall consist of—
1983 : Mah. XLII] The Mumbai Metropolitan Region Specified 17
Commodities Markets (Regulation
of Location) Act, 1983
(i) the Chairman of the committee, who shall also be the Chairman of the Standing
Committee ;
(iExcerpt shown. Open the full act in Lexace.