The RAJASTHAN AGRICULTURAL PRODUCE MARKETS (AMENDING AND VALIDATING PROVISIONS) ACT, 1965

THE RAJASTHAN AGRICULTURAL PRODUCE MARKETS  
(AMENDING AND VALIDATING PROVISIONS) ACT, 1965 
(Act No. 16 of 1965) 
[Received the assent of the President on the 28th day of October, 1965] 
An Act further to amend the Rajasthan Agricultural Produce Markets Act, 1961 for the 
purposes hereinafter appearing and to validate certain acts or things done  or purported to be done 
thereunder. 
Be it enacted by the Rajasthan State Legislature in the Sixteenth Year of the Republic of India 
as follows- 
1. Short title-This Act may be called the Rajasthan Agricultural Produce Markets (Amending 
and Validating Provisions) Act, 1965. 
2. Amendment of Section 4, Rajasthan Act 38 of 1961 -In Section 4 of the Rajasthan 
Agricultural Produce Markets Act, 1961 (Rajasthan Act 38 of 1961), hereinafter referred to as the 
principal Act, in sub-section (2), in the provi so for expression "as may be pre scribed", the expression 
"as may be specified by a general or special order published in the Official Gazette", shall be, and 
shall be deemed always to have been, substituted. 
3. Substitution of new section for 17, Rajasthan Act 38 of 1961 -For Section 17 of the 
principal Act, the following new section shall be substituted, namely 
"17. Power to levy market fees. -The market committee may subject to the provisions of 
rules and subiect to such maxim a as may be prescribed levy  market fees on the agricultural produce 
bought and sold by the licensees in the Market." 
4. Amendment of section 20, Rajasthan Act, 1961-In section 20 of the principal Act, in sub-
section (1), the expression "cess" shall be omitted.. 
5. Amendment of section 36, Rajasthan Act 38 of 1961 -In section, 36 of the principal Act, 
in sub-section (2).- 
(i)  in clause (c), for the word "cess", the words "market fees" shall be substituted: 
(ii) in clause (s), for t he expression "cess or fees", the expression "market fees or other fees" 
shall be substituted. 
6. Substitution of new section for section 37, Rajasthan Act 38 of 1961 - For section 37 of 
the principal Act, the following new section shall be substituted, namely 
"37. Bye-laws.-(1) Subject to any rules made by the State Government under section 36, the 
market committee may, in respect of the market area under its management make bye laws for the 
regulation of business and conditions of trading therein. 
(2) Any bye-law made under this section may provide that any contravention thereof shall on 
conviction be punishable with fine which may extend to fifty rupees. 
(3) No bye-law made under this section shall effect unless and until it has been sanctioned by 
the Director or any other Officer specially empowered in this behalf by the State Government. 
7. Validation of bye -laws of market committee and of actions taken or things done 
thereunder-(1) Notwithstanding anything contained in section 37 of the principal Act or in any 
judgment, decree, or decision of any court or tribunal of competent jurisdiction or in any instrument 
or document, and notwithstanding any error, omission, defect or want of jurisdiction, power or 
authority, no bye-law made or purported to be mad e, by a market committee, before the 26th day of 
August, 1965, shall be deemed to be or to have ever been, invalid, merely on the ground that the  
previous sanction of the Director or any other officer specially empowered by the State Government 
in this behalf, as required by section 37 of the principal Act, was not obtained, and accordingly:- 
  
 
(a) every such bye-law shall have and shall be deemed always to have had, the same force and 
effect as fully and effectively as if it had  been previously sanctioned  by the authority 
mentioned in section 37 of the principal Act; 
(b) all fees or cesses, levied, collected or purported to be levied or collected under any such 
bye-law as aforesaid, by a market committee , on agricultural produce bought and sold in 
the market or market area shall be and shall be deemed always to have been validly levied 
or collected, and shall not be refundable; 
(c) all licences granted, refused, cancelled, renewed or suspended, and all fees levied and 
collected for any such licence, by a market committee under any such bye -law, as 
aforesaid, shall be deemed always to have been validly granted, refused, cancelled, 
renewed, suspended or levied and collected, as the case may be, and no such fee shall be 
refundable; 
(d) all actions or proceedi ngs taken, things done, appointments made, and powers exercised 
by a market committee under any such bye -law, shall be and shall be deemed always to 
have been, validly taken. 
(e) no suit or other proceeding shall be maintained or continued in any court or  tribunal for 
the refund of any cesses or fees levied and collected under any such bye-law; 
(f) no court or tribunal shall enforce a decree or order declaring any such bye -law to be 
invalid or directing the refund of any cesses of fees levied and collected thereunder; 
(g) any cesses or fees imposed or assessed under any such bye -law before the 26th day of 
August, 1965, may be recovered in the manner provided under any such bye-law; 
(h) all market committees established under the principal Act shall be  and shall be deemed 
always to have been, competent to issue or  renew licences and to realise cesses of fees, 
under any such bye law, authorising the same. 
 
(2) Nothing contained in sub-section (1) shall render any person liable to be convicted of any 
offence in respect of any act committed by him before the commencement of the Rajasthan 
Agricultural Produce Markets (Amending and Validating Provisions) Act, 1965, if such act was not 
an offence under the principal Act at such commencement, but for the provisions of this section. 
 
8. Repeal and saving -(1) The Rajasthan Agricultural Produce Markets (Amending and 
Validating Provisions) Ordinance, 1965 (Rajasthan Ordinance 4 of 1965) is hereby repealed 
 
(2) Notwithstanding such repeal, anything done or action taken under the said Ordinance shall 
be deemed to have been done or taken under this Act as if this Act had commenced on the 26th day of 
August 1965. 
 
 

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