The ODISHA AGRICULTURAL PRODUCE MARKETS ACT, 1956

ORISSA ACT 3 OF 1957
*THE ORISSA AGRICULTURAL
PRODUCE MARKETS ACT, 1956
An act to provide, for the better regulation of buying and selling
of agricultural produce and the establishment of markets for
agricultural pr oduce in the S tate of Orissa
Whereas it is expedient to provide for the better regulation of buying and selling
of Agricultural produce in the State of Orissa and establishment of markets for agricultural
produce.
It is hereby enacted by the Legislature of the State of Orissa in the Seventh year
of the Republic of India as follows :
Statement of Objects and Reasons– Agricultural producer is at present a victim
of the unfair practice and undue exactions of a host of middlemen on whom he has to
depend for marketing his surplus produce. It has been estimated that the Agricultural
Producer is able to get only 5 to 19 annas in the rupee paid for his produce by the
ultimate consumer. Unless the Agricultural Producer is assured of his legitimate share
of the price paid by the consumer for his produce it will not be possible to bring about
any improvement in the standard of living of the cultivators and sustain the progress
achieved in expanding agricultural production.
The unfair practices that are commonly practised by the wholesale traders in the
course of their transactions with the agricultural producers are unfair deductions, non-
use of standard weights and measures, unfair manipulation of weighing and
measurement, taking very large quantities of free samples, levy of excessive market
charges etc. The producer is also not in possession of market intelligence and is at the
mercy of the brokers and commission agents who are always on the side of the wholesale
traders. The Planning Commission have laid great emphasis repeatedly on the need for
regulating markets to rectify the above defects by enacting a special legislation as has
been done in Madras, Bombay, Hyderabad, Madhya Pradesh, Punjab and Pepsu.
The present Bill has accordingly drawn up and it speaks to bring about regulation
of markets. It is proposed to constitute Market Committees in selected areas and for
* Published vide Orissa gazette Ext. dated 8.2.1957. See Notfn. No. 598-Legis/6.2.1957.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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selected commodities to be notified by the Government and in these areas the traders
and commission agents will be licensed by the Committees who will exercise strict
supervision over their operations and also fixed market charges, etc. The Market
Committees will maintain separate staff for ensuring that the traders and other market
functionaries act strictly according to the conditions of their licences and correct
weighment is done with standard Weights and Measures. The Committee will be a
democratic body consisting of elected representatives of traders, agricultural producers,
local bodies and officials nominated by the Government. Any dispute will be subject to
the arbitration of the Committee and the Committee will also make up-to-date market
intelligence available to the producers. As a result of such regulation the agricultural
producers, it is hoped, will be able to get a fair deal in the Market.
For the Bill See the Orissa Gazette Ext. No. 69 of 1966 and for Select Committee
Report, See orissa Gazette Ext., No. 106/ 18.8.1956.
CHAPTER - I
PRELIMINARY
1. Short title, extent, and commencement :–  (1) This Act may be called the
Orissa Agricultural Produce Markets Act, 1956.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
2. Definitions :– In this Act, unless there is anything repugnant in the subject or
context–
1[(i) "Agricultural Produce" means such produce (whether processed or
not) of agriculture, forest, animal husbandry, agriculture, horticulture and
pisciculture as are specified in the Schedule;]
1[(ii) "Agriculturist" means a person who ordinarily, by his own labour or by
the labour of any member of his family or who, by the labour of his
tenants, servants, hired labourer or otherwise, is engaged in the production
or growth of agricultural produce which has not-been processed but does
not include a trader, commission agent, processor or broker in or in relation
to agricultural produce although such trader, commission agent, processor
or broker may also be engaged in the production or growth of agricultural
produce;
1[(ii-a) "Board" means the Orissa S tate Agricultural Marketing Board
established under Section 18-A of the Act;
(iii) "Bye laws"  means bye-laws made under Section 28;
1[(iv) "Director" means the person appointed as Director of Agricultural
Marketing for the State of Orissa and includes a Joint Director, Deputy
Director and any other officers appointed by the State Government for
the purposes of the Act;]
(v) 2[ * * *]
1. Substituted vide Act No. 27 of 1984 Section 2 (i) (a).
2. Omitted vide Act No. 27 of 1984, Sec. 2 (i) (c).
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1[(vi) "Market"  means a market declared as such under Sub-section (5) of
Section 4 and includes market yard;
1[(vii) "Market area" means any area declared as such under Sub-section (1)
of Section 4;
(viii) "Market Committee" means a committee established under Section 5;
2[(viii-a) "Market functionary" includes a broker, commission agent, exporter,
processor, stockist, trader, vehicle owner and such other persons as may
be declared under the rules or bye-laws to be a market functionary;]
3[(ix) "Market yard" means any enclosure, building or locality in any market
area declared as market yard under sub-section (5) of Section 4
(x) "Municipality" includes a Notified Area 4[* * *];
(xi) "Prescribed" means prescribed by rules made under this Act and
5[(xii) "Retail sale" in relation to any agricultural produce means the sale of
that produce not exceeding such quantity as may be prescribed:
[Provided that the sale of cattle, sheep or goat shall not be considered for the
purpose of determining any retail sale;
6(xiii) "Trader" means a person who buys or sells agricultural, produce as a
principal or as a duly authorised agent of any person;]
7(xiv) "Warehouse" means any building, structure or other protected enclosure
which is or may be used for the purpose of storing agricultural produce
being goods on behalf of depositors, but does not include cloak rooms
attached to hotels, railway stations, the premises of other public carriers
and the like;
(2) If a question arises whether any person is or is not an agriculturist for the
purpose of this Act, the 7decision of the Board on such question] shall be final.
1. Substituted vide Act No. 27 of 1984, Sec 2 (i) (d).
2. Inserted vide Act No. 27 of 1984, Sec. 2 (i) (e).
3. Substituted vide Act No. 27 of 1984, Sec. 2 (i) (f).
4. Omitted vide Act No. 27 of 1984, Sec. 2 (i) (g).
5. Substituted vide Act No. 27 of 1984, Sec. 2 (i) (h).
6. Inserted vide Act No. 27 of 1984, Sec. 2 (i) (i).
7. Substituted vide Act No. 27 of 1984, Sec. 2 (ii).
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CHAPTER - II
CONSTITUTION OF MARKETS AND MARKET COMMITTEE
3. Notification of intension of exercising control over purchase and sale of
agricultural produce :– (1) The State Government may by notification declare its
intention of regulating the purchase and sale of such agricultural produce and in such
area, as may be specified in the notification. Such notification may also be published in
the regional language of the area in a newspaper circulated in the said area or in such
other manner as the State Government may deem fit.
(2) Any objection or suggestion which may be received by the State Government
within a period of not less than one month to be specified in the said notification may
be considered by the State Government.
4. Declaration of market area :– (1) After expiry of the period, specified in the
notification issued under Section 3 and after considering such objections and suggestions
as may be  received before such expiry and after holding such inquiry as may be
necessary, the State Government may, by ratification declare the area specified in the
notification under Section 3 or any portion thereof to be a market area for the purpose
of this Act in respect of all or any of the kinds of agricultural produce specified in the
said notification. A notification under this section may also be published in the regional
language of the area in a newspaper circulated in the said area or may be published in
such other manner as the State Government may deem fit.
(2) For the removal of doubts, it is hereby declared that a notification published
in the Gazette under Section 3 or under Sub-section (1) shall have full force and effect
notwithstanding any omission to further publish the same in any other manner , or
irregularity or defect in such further publication in pursuance of Section 3 or Sub-
section (1), as the case may be.
1[(3) On and from the date of notification issued under Sub-section, (1) or such
later date as may be specified therein, no local authority or person shall, notwithstanding
anything contained in any other law for the time being in force, set up, establish or
continue or allow to be set up, established or continued any place for the purpose of
sale and purchase of any agricultural produce within the market area or within a distance
thereof to be notified in the Gazette in this behalf in each case by the State Government:
Provided that the State Government may, subject to such terms and conditions
as they may impose, permit the continuation of any place in the market area for the
marketing of any agricultural produce as aforesaid for such period not being later than
the date of declaration of market yard within the market area as they may specify.
(4) Notwithstanding anything to the contrary contained in any law for the time
being in force, the market committee may, after a notification issued under Sub-section
(1), by requisition, require any Municipality or Grama Panchayat to transfer to it any
land or building in possession of such Municipality or Grama Panchayat wholly of
partly situated within the concerned in market area which immediately before the
1. Substituted vide Act No. 27 of 1984, Section 3.
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establishment of the market was being used by such Municipality or Grama Panchayat
for similar purpose, and the Municipality or Grama Panchayat, as the case may be,
shall within one month from the date of receipt of the requisition, transfer the land or
building or both, as specified in the requisition to the market committee and the net
income derived therefore by the market committee under Section 1 1 shall be shared
equally by the market committee and the concerned Municipality or Grama Panchayat,
every year :
Provided that the share of the Municipality or Grama Panchayat in any one year
shall not be less than eighty per cent of the average net' income derived by it from land
or building or both so transferred during the three years immediately preceding the
transfer.
Explanation :– For the purpose of determining the net income, the expenditure
on establishment, stationery and cost of maintenance on construction or forty per cent
of the gross income, whichever is less, shall be deducted from the gross income.
(5) After the issue of the notification under Sub-section (1), the State Government
shall, as soon as possible on the recommendation of the Director, declare by notification,
market yards and markets in the market area specifying the area over which each market
shall extend around the respective market yard.
(6) Subject to the provisions of this section and of the rule regulating the marketing
of agricultural produce at any place in the market area, no person shall, on and after the
date on which the declaration is made under Sub-section (5), without or otherwise than
in conformity with the terms and conditions of a licence granted by-
(a) the Director, when a market committee has not been constituted or has
not started functioning;or
(b) the market committee, in any other case-
(i) use any place in the market area for the marketing of agricultural
produce specified in the said declaration of
(ii) operate in the market area or in any market therein as a trader ,
commission agent, broker , processor , weighman, measurer ,
surveyor or warehouseman or in any other capacity in relation to
the marketing of such agricultural produce :
Provide that when any agricultural produce brought into any market area for the
purpose of processing only, or for export, is not processed or exported therefrom within
thirty days from the date of its, arrival therein, it shall, until the contrary is proved, be
presumed to have "been brought into the market area for buying or selling :
Provided further that nothing in Clause (i) shall apply to the retail sale by an
agriculturist of his own produce, or to sale by a person not being a trader or agriculturist,
where such person himself sells to another who buys for his personal consumption or
his family.
(7) Subject to the provisions of Section 3, the State Government may at any time
by notification, exclude from a market area, any area comprised therein or any agricultural
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produce in relation to such market area, or include in any market area, any area or any
agricultural produce included in a notification issued under Section 3.]
5. Establishment of Market Committee :– The State Government shall establish
a Market Committee for every market area in respect of the agricultural produce for
which the said area is declared to be a market area under Section 4. It shall be the duty
of the Market Committee to enforce the provisions of this Act, and the rules and bye-
laws made thereunder and the conditions of the licence granted under Sub-section (3)
of Section 4 in such market area and within such distance thereof  as may be specified
in the notification under Subsection (1) of Section 4 and, when so required by the State
Government, to establish a market therein providing for such facilities as the S tate
Government, may from time to time direct in connection with the purchase and sale of
the agricultural produce concerned.
6. Constitution of Market Committee :– 1[(1) Every Market Committee shall
be constituted in the manner prescribed and shall consist of seventeen members, of
whom–
(i) four shall be persons elected by the licensed traders from among
themselves;
(ii) eight shall be persons elected by Or ganisation of agriculturists in the
market area recognised by the S tate Government for the purpose and
where no such Or ganisation exists, they shall be nominated by the
Collector of the district ;
(iii) two shall be persons elected by the local authorities within whose limits
the market area is situated, of whom-
(a) one shall be elected by the Councillors of the Municipality; and
(b) the other shall be elected by the members of the Gram Panchayat:
Provided that where the market area comprises areas included within more than
one Municipality or, as the case may be, Grama Panchayat such member shall be elected
by the Councillors of the Municipalities or, as the case may be, members of the Grama
Panchayats, concerned, in the prescribed manner :
Provided further that where the market area is only within the limits of a
Municipality or Municipalities of , as the case may be, of a Grama Panchayat or Grama
Panchayats both such members shall be elected by the Councillors of the Municipality
or Municipalities or, as the case may be, by the members of the Grama Panchayat or
Grama Panchayats, concerned, in the prescribed manner :
Provided also that a person to whom a license has been granted under Sub-
section (6) of Section 4 shall not be eligible for being elected under this clause;
(iv) the remaining members shall be persons nominated by the S tate
1. Substituted vide Act No. 27 of 1984, Section 4 (1).
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Government of whom one shall be person from amongst the members of
the local Co-operative organisations; and the Collector of the district or
such other Revenue Officer as the State Government may deem proper,
to nominate.
(2) Notwithstanding anything contained in Sub section (1) -
(a) on the failure of the licensed traders, any Or ganisation or authority to
elect a member under Sub-section (1) within a period of three months
from the date of the occurrence of the vacancy , the State Government
shall give notice in writing to the licensed traders, Or ganisation or
authority concerned to elect a member within a month from the date of
such notice and on the failure of the said traders, Organisation or authority
again to elect a member within the said period, the S tate Government
shall nominate a person on behalf of such traders, Or ganisation or
authority as a member of the Market Committee ; and
(b) wen a Market Committee is constituted for the first time, all the members
of the Market Committee shall be person nominated by the S tate
Government.]
(3) Every member of a Market Committee first constituted shall hold office for
a term of two years from the date of the first general meeting of the Market Committee
and every member elected or nominated thereafter shall hold office for a term of three
years :
Provided that notwithstanding the expiry of his term of office every member of
the Committee shall continue to hold office until the date of the general meeting of the
Committee next following the date of such expiry.
(4) A member elected under Sub-Section (1) shall cease to hold office as such
member if he ceases to be a member of the electorate by which one of the persons by
whom he was elected, and in the case of a member elected under Clause (iii) of the said
Sub-section, if he is granted a licence under 1[ Sub-section (6)] of Section 4.
(5) If at any time a vacancy occurs through the non-acceptance of of fice by a
person elected or nominated or through the death, disqualification or resignation of a
member or in the event of his ceasing to be a member before the expiry of his term of
office, the vacancy shall be filled up by the election or nomination, as the case may be,
of a person thereto in the manner specified above. Every such person shall hold office
so long only as the member in whose place he is elected or nominated, would have held
it if the vacancy had not occurred.
(6) There shall be a Chairman and a Vice-Chairman for every Market Committee,
who shall be nominated by the State Government.
(7) No act done by a Market Committee shall be questioned on the ground
merely of the existence of any vacancy in, or any defect in the constitution of the
Committee.
1. Substituted vide Act No. 27 of 1984, Section 4 (ii).
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1CHAPTER - II-A
ESTABLISHMENT OF PRIVATE MARKETS
6-A. Grant of licence for establishment of private markets :– (1) Notwithstanding
anything contained in this Act or any other law for the time being in force, any person
or body of persons like company registered under the Companies Act, 1956 or a Co-
operative society registered under the Orissa Co-operative Societies Act, 1962 or a Co-
operative registered under the Orissa Self - Help Co-operative Act, 2001, may, after
obtaining a licence from the State Government, establish a private market for the purpose
of sale or purchase of any agricultural produce within such area as the State Government
may, by notification, declare and subject to such conditions and restrictions as may be
specified therein :
Provided that, no licence shall be granted for the purpose of sale or purchase of
common varieties of paddy and rice, and for the establishment of any private market
within a radius of one kilometre from an existing market yard.
(2) Any person or body of persons mentioned in Sub-section (1) may apply to
the State Government for grant of a licence to establish a private market within the area
notified under the said sub-section, in such form, in such manner and with such fees, as
may be prescribed.
(3) Subject to such conditions and restrictions as may be prescribed, the S tate
Government may grant a licence in the prescribed manner;
Provided that the licence shall not be granted if the applicant,
(a) is a minor;
(b) is in arrear of dues payable under this Act or Rules or Bye-laws made
thereunder;
(c) has been convicted and sentenced by a Court; or
(d) is disqualified for any other reasons as may be prescribed.
(4) Every licence granted under Sub-section (3) shall remain valid for a period
of three years from the date of its issue and it may be renewed, from time to time, for a
further period of one year on payment of such fee, in such manner and on fulfilment of
such conditions as may be prescribed.
(5) If the State Government refuse to grant or renew a licence under this section,
it shall record the reasons for such refusal in writing and communicate its order to the
applicant.
(6) Every application made under this Section shall be disposed of by the State
Government, within a period of sixty days from the date of receipt of such application.
6-B. Power to cancel or suspend a licence :– (1) The State Government may
suspend or cancel the licence if,–
(a) the licensee has obtained the licence by means  of fraud or
misrepresentation of facts;
1. Inserted vide Orissa Act No. 5 of 2006 O.G.E. No. 660 dated 17.5.2006 (w.e.f. 6.6.2006).
9
(b) the licensee or any servants or anyone acting on his behalf, has violated
any of the terms and conditions of licence;
(c) the licensee in combination with other licensee wilfully commits any act
or abstains from carrying his normal business in the market area, with an
intention of obstructing, suspending or stopping the marketing of
agricultural produce in the market and in consequence whereof the
marketing of any such agricultural produce has been obstructed,
suspended or stopped;
(d) the licensee has been adjudicated as an insolvent or is an undischarged
insolvent; or
(e) the licensee incurs any disqualification, as may be prescribed.
(2) Before passing orders under Sub-section (1) the S tate Government shall
intimate to the licensee the grounds on which it is proposed to pass such orders and
give him a reasonable opportunity of showing cause against it.
(3) The State Government may suspend the licence pending the passing of an
order for its cancellation under Sub-section (1).
(4) A copy of every order passed under Sub-sections (1) and (3) shall be
communicated to the licensee.
CHAPTER - II-B
CONTRACT FARMING
6-C. Definitions :– In this chapter, unless the context otherwise requires,–
(a) "Contract Farming" means farming by a person or a firm, registered under
the Indian Partnership Act, 1932, or a Company registered under the
Companies Act, 1956 or a Co-operative Society registered under the
Orissa Co-operative Societies Act, 1962 or a Co-operative registered
under the Orissa Self-Help Co-operatives Act, 2001 or a Government
Agency called the Contract Farming Producer under a written agreement
with another person or body of persons called Contract Farming Sponsor
to the effect that produce of such Contract Farming Producer shall be
purchased as specified in the agreement, by the Contract Farming Sponsor.
(b) "Contract Farming Agreement" means the agreement made for contract
farming between the Contract Farming Producer and the Contract Farming
Sponsor; and
(c) "Contract Farming Producer" means a person, firm, company , co-
operative society, co-operative or Government agency as mentioned in
Clause (a).
6-D. Contract Farming Agreement :– Contract Farming Agreement shall be
governed in the manner laid down hereinafter.
(1) Contract Farming Sponsor shall  register himself or itself with the Market
Committee in such manner and with such fee payable to the Market Committee as may
be specified by the State Government.
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(2) The Contract Farming Sponsor shall get the Contract Farming Agreement
recorded with the concerned Market Committee and the Contract Farming Agreement
shall be in such form containing such particulars and terms and conditions as may be
specified by the State Government.
(3) Dispute arising out of the Contract Farming Agreement may be referred to
the Director for settlement and the Director shall decide the dispute in a summary
manner within thirty days from the date of reference, after giving the parties a reasonable
opportunity of being heard in the manner prescribed.
(4) The party aggrieved by the decision of the director under Sub-section (3)
may prefer an appeal to the Secretary to Government, Co-operation Department within
thirty days from the date of the decision and the appeal shall be disposed of within
thirty days, after giving the parties a reasonable opportunity of being heard and the
decision shall be final.
(5) The decision under Sub-section (3) or (4) shall have the force of a  decree of
a Civil Court and the decretal amount shall be recovered as an arrear of land revenue.
(6) The Agricultural produce covered under the Contract Farming Agreement
may be sold to the Contract Farming Sponsor outside the market yard and in such a
case, no market fees shall be leviable.
(7) Notwithstanding anything contained in the Contract - Farming Agreement,
no title, right, ownership or possession shall be transferred or alienated or vested in the
Contract Farming Sponsor or his successor or his agent or his assignee, as the case may
be.]
CHAPTER - III
INCORPORATION OF MARKET COMMITTEE - ITS
POWERS AND DUTIES
7. Incorporation of market committee :– Every Market Committee shall be a
body corporate by such name as the State Government may, by notification specify. It
shall have perpetual succession and common seal, may sue and be sued on its corporate
name and shall be competent to acquire and hold, lease, sell or otherwise transfer any
property and to contract and to do all other things necessary for the purposes for which
it is established.
8. Appointment of Sub-Committee or  Joint Committee :– A Market
Committee may, subject to the provisions of this Act and the rules made thereunder by
itself or conjointly and in co-operation with any other Market Committee, appoint one
or move of its members to be a Sub-Committee or to be a Joint Committee a for the
conduct of any work or to report on any matter as it may think fit.
9. Employment of staff :– (1) The Market Committee may employ such officers
and employees as may be necessary for the management of the market and may pay
such officers and employees such salaries as the market Committee thinks fit.
(2) The Market Committee shall, in the case of any of ficer or employee of
Government whom it employs, make such contributions towards his pension, gratuity
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and leave allowances as may be required by the conditions of his service to be paid by
him or on his behalf.
1[(3) The Chairman, Vice-Chairman, the Secretary and other officers and servants
of the Board and Market Committee shall be deemed to be public servants within the
meaning of Section 21 of the Indian Penal Code.
10. Execution of contract :– (1) Every contract entered into by a Market
Committee shall be in writing and shall be executed on behalf of the Market Committee
by its Chairman, and two other members of the Committee.
(2) No contract other than a contract executed as provided in Sub-section (1)
shall be binding on Market Committee.
2[11. Levy of fees :–  It shall be competent for a Market Committee to levy and
collect such fees (hereinafter referred to as the market fees) not being less than one
rupee from every purchaser for every hundred rupees worth of agricultural produce
marketed in the market area in such manner as may be prescribed and at such rate as
may be specified in the bye-laws :
Provided that the rate of fees to be specified in the bye-laws shall not exceed
three per cent of the value of agricultural produce sold in the markets within the market
area
Provided further that no such fees shall be levied and collected in the same
market area in relation to any agricultural produce in respect of which fees under this
section have already been levied and collected therein.
Explanation :– For the purpose of this section all notified agricultural produce
leaving a market yard shall unless the contrary is proved, be presumed to have ben
brought within such yard by the person in possession of such produce.
3[12. Power  of sear ch, seizur e and inspection etc.:– (1) The Chairman,
Secretary or any other officer or servant of the Market Committee duly authorised by it
in this behalf may, for the purposes of this Act, require any person carrying on business
in any kind of notified agricultural produce to produce before him the accounts and
other documents and to furnish any information, relating to the stocks of such agricultural
produce or purchase, sale and delivery of such agricultural produce by such person and
also any other information relating to payment of market lees by such person.
(2) All accounts and registers maintained by any person in the ordinary course
of business in respect of any notified agricultural produce and documents relating to
stock of such agricultural produce or purchase, sale and delivery of such produce in his
possession and the office establishment, godown, vessels or vehicles of such person
shall be open to inspection at all reasonable times to the officers or servants referred to
in - Sub-section (1) duly authorised by the Market Committee in this behalf.
(3) If any of ficer or servant of the Market Committee authorised under Sub-
section (2) has reason to suspect that any person is attempting to evade payment of any
1. Inserted vide Act No. 27 of 1984, Section 5.
2. Substituted vide Act No. 27 of 1984, Section 6.
3. Substituted vide Act No. 27 of 1984, Section 7.
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market fees due from him under Section 11 or that any person has purchased or sold any
agricultural produce in contravention of any of the provisions of the Act or the rules, or
the bye-laws in force in the markets area, he may, after recording reasons therefore in
writing, seize any books of account, registers or documents of such person as may be
necessary on issue of proper receipt therefore and shall retain the same only so long as
they are necessary for examination thereof or for prosecution.
(4) For the purposes of Sub-sections (2) and (3) the officers and servants
authorised thereunder shall have powers to enter into and search any place of business,
warehouse, office, establishment, godown vessel or vehicle where such officer or servant
has reason to believe that such person keeps or for the time being keeps any accounts,
registers or documents of his business, or stocks of agricultural produce relating to his
business.
(5) The provisions of Section 100 of the Code of Criminal Procedure, 1973, (2
of 1974) shall, so far as may be, apply to a search under Sub-section (4).
(6) Where any books of account or other documents are seized from any place
and there are entries therein making reference to quantity, quotations, rates, receipt of
payment of money or sale or purchase of goods, such books of account or other
documents shall be admitted in evidence without witness having to appear to prove the
same and such entries shall be prima facie evidence of the matter , transactions and
accounts purported to be therein recorded.
(7) At any time where required by the Chairman, Secretary or any other officer
or servant duly empowered by the Market Committee in this behalf, the driver or any
other person in charge of any vehicle, vessel or other conveyance, which is taken or
proposed to be taken out of the market area, shall stop the vehicle, vessel or other
conveyance, as the case may be, and keep it stationary so long as may reasonably be
necessary, and allow such officer or servants to examine the contents in the vehicles,
vessel   or other conveyance and inspect all records relating to the notified agricultural
produce carried and give name and address of his own and those of the owner of the
vehicle, vessel or other conveyance and of the owner of the notified agricultural produce
carried in such vehicle, vessel or other conveyance.
(8) The officer or servant of the Market Committee empowered under Sub-
section (7) shall have power to seize any notified agricultural produce taken or proposed
to be taken out of the market area in any vehicle, vessel or other conveyance, it such
officer or servant has reason to believe that any fee or other amount due under this Act
in respect of such produce has riot been paid and such seizure shall forthwith be reported
by the officer or servant aforesaid to a Magistrate having jurisdiction to try the offence
under this Act and the provisions of Sections 457, 458 and 459 of the Code of Criminal
Procedure 1973, (2 of 1974) shall, so far as may be, apply in relation to notified
agricultural produce seized as aforesaid as they apply in relation to property seized by
a Police Officer.
(9) The Market Committee may accept from any person who has committed or
is reasonably suspected of having committed an offence against this Act or the rules or
bye-laws, on admission, by way of composition of an offence-
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(a) where the offence consists of the failure to pay or the evasion of any fee,
or other amount recoverable under this Act of the rules or the bye-laws,
in addition to the fee of other amount so recoverable, a sum of money not
exceeding five hundred rupees or double the amount of such fee or other
amount, whichever is greater ; and
(b) in other cases, a sum of money not exceeding five hundred rupees.
(10) On the composition of any offence under Sub-section (9) no proceedings
shall be taken or continued against the person concerned in respect of such offence and
if any proceedings in respect of that offence have already been instituted against him in
any Court, the composition shall have the effect of his acquittal.]
13. Decision of cer tain disputes under the Orissa Weights and Measures
Act, 1943 :– (1) Notwithstanding anything contained in the Orissa Weights and Measures
Act (VII of 1943), if any dif ference arises between any Inspector appointed under
Section 15 of the said Act and any person interested as to the meaning or construction
of any rule, or as to the method of verifying, auditing or stamping an weight or measure
or measuring instrument in any market area, such difference may at the request of the
party interested or by the Inspector of his own accord, be referred to the Market
Committee and the decision of the Market Committee shall, subject to the provisions of
Sub-section (2) be final and shall be deemed to have been given under Section 22 of the
Orissa Weights and Measures Act, VII of 1943.
(2) An appeal shall lie within the time prescribed from the decision under Sub-
section (1) to the State Government or such officer as the State Government may appoint
in this behalf. The decision of the State Government or such officer shall be final.
14. Power to borrow :– (1) A Market Committee may, with the previous sanction
of the State Government, raise money required lot carrying out the purposes for which
it is established on the security of any property vested in it and of any fees leviable by
it under this Act.
1[(2) The Market Committee may , for the purpose of meeting the initial
expenditure on land, buildings and equipment required for establishing a market, obtain
a loan from the State Government or the State Bank of India constituted under the state
Bank of India Act, 1955 (23 of 1955) or any Subsidiary Bank as defined in the S tate
Bank of India (Subsidiary Banks) Act, 1959 (33 of 1959) or a Bank specified in Column
2 of the First Schedule to the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (5 of 1970) or and corporate body including a company as
defined in Section 3 of the Companies Act, 1956 (1 of 1956) in which not less than
fifty-one per cent of the paid up share capital is held by the Central Government or the
State Government or partly by the Central Government and partly by the S tate
Government.]
15. Market Committee Fund :– (1) All moneys received by a Market Committee
shall be paid into a fund to be called "The Market Committee Fund" and all expenditure
incurred by a Market Committee under or for the purposes of this Act, shall be defrayed
1. Substituted vide Act No. 27 of 1984, Section 8.
14
out of the said fund. Any surplus remaining with the Market Committee after such
expenditure has been met shall be invested as may be prescribed in this behalf.
(2) Every Market Committee shall pay to the State Government the cost of any
additional or special staff employed by the State Government in consultation with such
Market Committee for giving effect to the provisions of this Act, in the market area for
which such Market Committee is established.
(3) The State Government shall determine the cost of such additional or special
staff and shall, when their staff is employed for the purposes of more than one Market
Committees, apportion such cost among the Committee concerned in such manner as it
thinks fit. The decision of the State Government determining the amount payable by
any Market Committee shall be final.
16. Expenditure from the Market Committee Fund :– Subject to the provision
of Section 15, the Market Committee Fund shall be expended for the following purposes,
namely :
(1) The acquisition of site for the market;
(2) The maintenance and improvement of the market;
(3) The construction and repair of building necessary for the purposes of the
Act and for the health, convenience and safety of the persons using the
market;
(4) The provision and maintenance of standard weights and measures;
(5) The pay, pension, leave allowance, gratuity , compensation for injury
resulting from accident, compassionate allowance and contribution
towards leave allowance, pension or provident fund of the of ficer, and
staff employed by it;
(6) The expenses of and incidental to elections;
(7) The payment of interest on the loan that may be raised for the purposes
of the market and the provisions of sinking fund in respect of such loan;
(8) The Collection and dissemination of information regarding matter relating
to crop, statistics and marketing in respect of the agricultural produce
notified under Section 4;
(9) Payment of the cost  referred to in Sub-sections (2) and (3) of Section
14;
(10)  Propaganda in favour of agricultural improvement ; and
(11) Such other expenses that may be necessary for carrying out the purposes
of the Act.
17. Acquisition of land :– When any land is required for the purpose of this
Act, the State Government may, on the request of the Market Committee proceed to
acquire it under the provisions of the Land Acquisition Act, 1 of 1894, or any other law
for the time being in force, and on payment by the Market Committee, of the
compensation awarded under the said Act or other law, as the case may be, and of all
other charges incurred by the S tate Government on account of such acquisition, the
land shall vest in the Market Committee.
15
CHAPTER - IV
TRADE ALLOWANCES
18. No trade allowance permissible except as prescribed :– No person shall
make or recover any trade allowance, other than an allowance, prescribed by rules or
bye-laws made under this Act, in any market area in any transaction in respect of the
agricultural produce concerned and no Civil Courts shall, in any suit or proceeding
arising out of any such transaction have regard to or recognise any trade allowance not
so prescribed.
Explanation :– Every deduction other than a deduction on account of deviation
from sample when the purchase is made by sample or on account of deviation from
standard when the purchase is made by reference to a known standard on account of
difference between the actual weight of the container and the standard weight or on
account of the admixture of foreign matter, shall be regarded as a trade allowance for
the purpose of this section.
1[CHAPTER - IV-A
CONSTITUTION AND POWERS OF THE BOARD
18-A. Establishment of the Board :– (1) For the purpose of, exercising
superintendence and control over Market Committees and for exercising such other
powers and performing such function as are conferred or entrusted under this Act, the
State Government shall, by notification in the official Gazette, establish a Board called
the Orissa state Agricultural Marketing Board.
(2) The Board shall consist of the following members, namely :
(i) Minister-in-charge of Co-operation - Ex officio Chairman;
(ii) the Director of Marketing - Ex officio Member Secretary;
(iii) the Secretary, Agriculture and Co-operation Department - Member;
(iv) the Secretary, Revenue Department - Member;
(v) three non-official members to be nominated by the Government from
among the members of Market Committees, by rotation;
(vi) two members of the Orissa Legislative Assembly to be nominated by the
State Government;
(vii) two non-official members to be nominated by the State Government from
among the leading Co-operators;
(viii) for official members to be nominated by the State Government.,
(3) The term of office of the members of the board shall be four years.
(4) The Board shall be a body corporate by the name of the Orissa S tate
Agricultural Marketing Board having perpetual succession and a common seal with
1. Inserted vide Act No. 27 of 1984, Section 9.
16
power to acquire and hold property both movable and immovable and subject to the
prescribed conditions and restrictions to lease, sell or otherwise transfer any property
and may sue or be sued in its corporate name and shall, subject to the provisions of this
Act, and the rules and bye laws made thereunder, be competent to contract and do all
other things as may be necessary for the purpose for which it is established.
18-B. Powers and functions/of the Board :–  (1) The Board shall, subject to
the provisions of this Act, exercise the following powers, namely :
(i) superintendence and control over the working and other af fairs of the
Market Committees including programmes under taken by such
committees for the development of markets and market areas;
(ii) giving direction to Market Committees in general or any Market
Committee in particular with a view to ensuring efficiency thereof;
(iii) approval of proposals for selection of sites by a Market Committee for
development of market.
(2) Without prejudice to the generality of the foregoing provisions it shall be the
duty of the Board–
(i) to supervise and guide the Market Committees in the preparation of plan
and estimates of construction programme undertaken by the Market
Committee;
(ii) to execute all works chargeable to Marketing Development Fund;
(iii) to maintain accounts in such forms as may be prescribed and get the
same audited in such manner as may be paid down in the regulations of
the Board',
(iv) to publish annually at the close of the year its progress report, balance-
sheet and the statement of assets and liabilities;
(v) to make necessary arrangements for propaganda and publicity on matters
related to marketing of an agricultural produce;
(vi) to provide facilities for the training of of ficers and servants of Market
Committees;
(vii) to prepare and adopt budget for the ensuing year;
(viii) to grant subventions to Market Committees for the purpose of this Act
on such terms and conditions as the Board may determine;
(ix) to do such either things as may be of general interest to Market committees
or considered necessary for the efficient functioning of the Board.
18-C. Power of the Board to make regulations :– (1) The Board may, with the
previous approval of the State Government, make regulations not inconsistent with this
Act and the rules made thereunder, for the administration of the affairs of the Board.
(2) In particular and without prejudice to eye generality of the foregoing powers,
such regulations may provide for all or any of the following matters, namely :
(a) the summoning and holding of meetings of the Board, the time and date
when such meetings are to be held, the conduct of business at such
meetings and the number of persons necessary to form a quorum thereof;
17
(b) the powers and duties of the officers and servants of the Board;
(c) the salaries and allowances and other conditions of service of officers
and servants of the Board;
(d) the management of the property of the Board;
(e) the execution of contracts and assurances of property on behalf of the
Board;
(f) the maintenance of accounts and preparation of balance-sheet of the
Board;
(g) the procedure for carrying out the functions of the Board under the Act ;
and
(h) any other matter for which provision is to be or may be made in the
regulations.
18-D. Power of the Board to borrow :– The Board, subject to the provisions
of this Act, may, from time to time, with the previous sanction of the State Government
and subject to such conditions as the State Government may by general or special order
determine, borrow any sum required for the purposes of this Act from the state
Government or from any financial institution whether by issue of bond or stock.
 18-E. Constitution of the Marketing Development Fund :– All moneys
received by or on behalf of the Board shall constitu

Excerpt shown. Open the full act in Lexace.

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