The SIKKIM AGRICULTURE PRODUCE MARKET ACT,1993

SIKKIM
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Glmgtnk Monday 19th April, 1993 No. 44
GOVER~MENT OF SIKKIM
LAW DE.PARTf'I.1ENT
GANGTOK
;-.10TIFICATfON
No.l!LD!1993 Dated: Gtk. the 2nd March, 1993.
The following Act of the Sikkim Legislative Assembly Secretariat having received
the assent of the Gove-nor on 30th day of March, 1993 is hereby published for general infor-
mation :-
THE SIKKfM AGRICULTURAL PRODUCE MARKET ACT, 1993
(Act. NO. I OF 1993)
,."N ACT.
to provide lorbetter rcguiation of marketing of agricu!tllJ'al produce and the establishment and
prqwl' administration of markers for agriculture produce and for matters connected therewith
and incidental thereto,
Ble:it enacted by the LegislaU ve Assembly of Sikkim in the Forty-fourth Year ef
the Republic d India as follows :-
CHAPTER - I
PRELIMINARY
Short title,
extent and
commence-
ment.
r, This Act may be called the Sikkim Agriculture Produce Market Act, 1"3"
It extends to the whole of the State of Sikkim,
It shall come into force on such date as the State Goycrnment may, by 110ti-
fication in the Official Gazette, appoint and di!ferel)t d.tes may be appointed
for different areas.
Definitions
(a)
In this Act, unless the context otherwise requires,»
"agriculturi5~" means a penon who ordinarily by hilnse]f or hy his tenant or
hired labour or otherwise is engaged in the production of agricultural produce
but does not include a dealer or broker in agricultural produce;
"agricultural produce" includes all produce, whether processed 01" l!IOlO-
processed of agriculture, horticulture, animal husbandry, pisciculture, seri-
culture and forest as specified in the Schedule;
(c) "Board" means the Sikkim State A~ricultural Marlteting Board. constituted
under section 3;
(d) "broker" means an agent whose ordinary course of business is to negotillt:e
and make contracts for the purchase (IT ~i11(: of agricultur;j.] produce on bdu,Jf
of his principal and .•.•·ho is remunerated bycommission, but does pot
.1 -~.:, .• "..~,"," 1 'WVh~ther~De.£rd in f.lc.gotiating or
(h)
,2.

12.f I~nl
----- -=/
(e) ,'coHuni~~imil _geAt" nl(\~nS _ perWlil who o. behal f of ~RQthel' .1'<'1'5011<!adin
consideration of commission makes or offers to make JjlHllch ••se or sale of a~ri-
QI,t!tul"",l produce' ordoes, or offers to do afi,)'thil'~ M,Ce);!;~ry for cOn1pktint
ilnd carrying out such pl.tJ'c~'~.seor f,~,le;
"Co-oper"'live Soy:i.eties" means 2,1l Co-operative Socicries registered under
the Sikkirn Co-operative Societies Act, I ~13, whlc]. has •.sirs principal object
the prorn,r;(iOH of 1.1\\~sa!e. of _gricuhural produce ~r()Wfl, reared cr produced
hy its mernbers;
"DiJ;ectar" mean- the. Director of Agricuhure and Hortlcutture , Govern-
ment of Sik:kim and includes any other officer authorised hy the Government
ity notification to peri:co}'Hl the fur ctions of the Director under ~,h;s Act for
such <In OI.n~~ as rt14y be specified ill the notification ;
"iicence" mcaus ~ licence granted under this Act;
0)
(k)
(i)
(m)
(1')
(5)
(t)
(i'l
(i) "m:\rket" m••~ns ~. marker established snd registered under this Act for the
:1l;!l'ket ;p'ea and includes :I. market proper, ~ principal market J<lrcl2.nclJ
sub-market y:<nlor yards, if any;
"market ;;rea" means ~ny area declared to be a market :<rea under section ro ;
"market commiLtee" means it committee established r.nder sect.ion T2;
"market prcper" rn,(';U1S ony area including all Iands with d1C buildings and
structures thereon within ~{!.l~h distance of the princip ••l or sub-r-arket yard
declared to he a market proper under clause (b) ()fsub-section (2) ,.if sect.iou II;
"notified agricultural produce" means the ;cgricultur<.\l pn>duce ,"pecif:cd <IS
such under section TO;
"prescribed" means prescribed byrules made under this Act;
"principal market yard and sub-market yard" means an <enclosure, build-
inp' or locality in a marker area d','c!an'd. to he a principal market vard and
~,L11;-rlnrke.tyard rcspecrive.ly under clause (a) 0:- sub-section (2) of :-;e~tion 1I ;
"Regi: tnr" means the Reg,;strar of the Co-operative Societies of Sikkim ;
"ret"J sale.': me; ns a sale of any 2griculturJJ produce )101 (:-xceed'ing such
quantity as may be fixed in respect of an agricultural produce;
"Stal'''' Government" means (he State Covcrnment of Sikkim ;
"Secretary" means the Ch'cf Executive of the r.iarker committee and in-
eludes offic'a1:ine-,"c'inp', Depurv and Assistanr ~;ccr('ti'rVw 0 _ J J
"Schedule" ]11(:,1I1S the Schedule 10 '.hi.s Act;
(n)
(0)
(p)
(g)
(u) "Supervisor" means a person whose business is to supervise the consign-
ment of agri.cultural produce for sale in regard to qua litv, grade, adulteration
and such other purposes ;
(v) "trade" means any kind of transaction or s"le and purchase of any agri.cui-
rural produce ;
(w) "trader" means a person who is ordinarilv mg?gc(l in the business orbuying
:md gelling agri.cultural produce whether hy him:;cif or 1)), duly authoriscd
agent and includes a person who L, ordinarily eng-'lgr,c] in the business or
PJ'oces~ing of agriculture produce ;,
(x) "weighman" means it person whose business is to weigh the cc,n~;igltlllent
of agricultural produce.

CCtn!ltitu-
ti()l'~ of 1"~le
Rnard.
In-corpOl'''-'
lion of the
Board.
Disqualifi-
cation for
membership
in the Board.
\1 _
STATi AGRICtn,"nJ~At MAJ.{K,Ef,ING r.OARD.--CONST.rflHJON,
Hn,,'CnOr'lS AND POWERS.
Thr; State. GovC'J I'lfil~h'f mOlY,I"or t;h:~ pur·pOfl~ ~f t"his Act, ],Y l'I.otiiiceti(')I i.
the Official \.~,"z,~.l;k, ","(;,"IJj~h ·alll,l.eonstttut.e ; B()~.Hlto -he kiJoVi':i!. as the
Sjkkim Statc ,'\j!('cultural Marb'tina Board. ..,.. - b
Th~~Rr;Hd.,h:.dl h.ne (hi rtn~n hlellt1hers consjslin~ of il<te:folJ6wjn~ Pt':TSOn5,
I'l<lhlt"ly :-
(<I) six official mernbevsar. under -
(r)
(i) Secretary to tlite Government ,\)f Sikklm in Agriculture Department
who shall be l'he ex-officio pre5i(1~nt of the ~o~i"d ;
(ii) Secrerary to the Government in ..Urban Development and HOHsin~
Department
(iii) Director, AgrIcultll1-e Dep ••rtment, who shall be the \'ice-Presideb1t
of the Bo•.rd ;
(iv) D'rector, Hcrt.icul.ure Depntrnent, ·w1:..oshal1 he. the M;na~ing Di-
rector andalso Chief Executive of the Bo~nl.
(v) Director, Animal Husbandry Department,
(vi) Registr ••r , Co-operative Department ;
(h) SC"Cll non-ofiici •.] members as under :-
(i) 'fwn presidents of Market Committee
(ii) one l'epres~ntative from Spices Board ;
(iii.) Managing Director, Sikkim Co-operative Supp\~ and M.Hketing
lcderar ion , (SIMrED);
(iv) One member [rom financial institution,
(v) One member from progressive farm,
(vi) One member from trs ders representative.
The State (;overnment sh~n ;;tppoint all officer of the AgricuJtur<'. or Ho rticul
rural D:';par!)11':~r>thaving diploma in }.gricuhUl'al Iv1.arketingto ht. the Execu-
tive Ofiicer to assist the Man~gil1g Director for efficient pcrtorrnaacc of the
duties and functions of the Board.
(5)
Presence of five· members shall constitute quorum for the meeting of the
Hoard.
All cluestions before a meeting of the Board shall be determined by a rrojo-
rity of votes of the members present; and voting and in case of equality of
votes the' president. may exercise a casting vote.
No proceeding of the Board shall he invalid by reason only of the existence
of any vacancy amongst it:, members 01' any defect in the co~stjtution thereof,, ,
(6)
4· The Board shall be it body corporate having perpetual succession and a com-
mon sea! with power subject to the provisions of this Act, to acquire and
h<.>lclproper:y and shall, by the said name, sue and be sued.
The State Government shall excrclse ~upcrintenden.cc and control over the
Board and its employees and may call for such information as it may' deem
necessary and, in the event of its being satisfied that the Board is not
functioning properly, the State Covcrnment may reconstitute it.
5· No penon shall be eligihleto he <1non-olficia] member of the Board who-
(a) is below eighteen yean orage ;
(b) has been removed under section 30 orthis A.ct
(c) is of Unbound rnincl ; or
(,I.) has been declared .insolvent or sentenced by a criminal court for a'-
offence involving moral turpitude :
'Providf:cl that [he ckql)alification under clause (d) !.hall -cel\ge'fc
ann]v after the expirv d four years from the date on which the period orthe

Appoint-
ment of
Officers and
Staffs of the
BOard.
Power to 8.
7·
borrow and
maintenance
of funds
and acco-
unts of the
Board,
Annual,.
financial
Statement.
Declara- 10. ( I )
tlon of mar-
ket area.
DecIara- I I. (I)
tion of mar-
ket yard.
Establish- 12. (I)
ment of
market
cmmittee.
4
(2) 'The Board. shall exercise: supcvintcndence and control over the market commi-
ttec.s andrnay call for any information or returns rdating to notified agricul-
rural produce from :l':\yInad(('( committee Jl'rl shall have the pO"YTrto inspect
the records of any market committee or such funct ionarics under or in rela-
iion t.o such markt:i committees, as the case may be.
(1) Notwirhst andi.ng :)nything conrained ln sub-sections (!) and (2), the State
Government shall. also have powers of supertritendcnce and control over the
market cornmitr'ees or other [unctioruu-les under or :'11relation to such mar-
ket commitrze.
Subject to the provisions of this Act and the rules and hye-Iaws made
rhereundcv , the Board may have it" own officers and staff to c:arry out: its
functions, and their service conditions shall be such as the State Government
meY, From time to time, specify.
(2)
The Board shall have its own fund into which all n1:ll1ey received by it shall
he prid and from which all expenditure incurred shal l he defrayed.
The Board may, with the previous sanction cf the State Government, raise
mrmey required for carrying out the purpo~es for which it is establtshcd on
the security of any prol)(,l"t)' vested in it. ..
The account, of the Hoard shall be ]11,'intainer] in such form as the State
Government may prescribe.
Suhject to the rules made for rhis purpose, the Board shall submit t o the S'2~e
Government a statement cf the estimated income and expcndit urc for rach
iinancial year and the State Government shall give irs approval wii l. or ",th-
out modification within two months of the receipt rhereof.
CHAPTER - In
DECLARATION AND ESTABLISHMENT OF MARKET AREA AND
CONSTITUTION OF MARKET COMMITTEE
The Sr.stc Government may, by notification in the Olficia] Gazette, declar-
the area so notif-ied or any portion thereof to k' a market area for the pure!
poses of this Act in respect of all or any of the agricultural produce specific-
in the Schedule.
After the date of the publication 'of the noti fication under sub-section (r ) or
at such date as mey he specified therein, no person, local or other authority
shall, notwithstanding anything contained in any law for the time being in
force, set up, establish or continue or allow to be set up, establish or conti-
nue or use any place in the market area for the purpose, sale or storage of any
agaicultural produce so notified, except in accordance with the provisions of
this Act or of the rules or bye laws made thereunder ..
Nothing in sub-section (2) shall apply to the purchase, sale or storage of sued
agricultural produce if the producer of such produce is himself its seller anh
the purchaser is a person who purchases such produce for his own consumpe
tion, or if such agricultural produce is sold by rcta iI sale to a person who pur-
chases such produce for his own consumption.
The State Government may at any time, by notification in the Official Gazette,
exclude from the market area any area or any agriculwral produce
specified for that market area.
For each market area, there shall he the principal market yard and sub-market
yards, if necessary.
The State Government may, by notification in the Official Gazette, declare-
(,1) any enclosure, bUilding or locality in any market area 1'0 he the prin-
cipal market yard and other enclosures, bu.ildings or localities in such
market areas to be one or more sub-market yard or yards for the area ;
and
(b) any area including all lands with the building and structures thereon
within such distance of the principal or sub-market yard or yards, as
the case may be, as it thinks fi.t, to be the market proper.
The State Government may, by notification in the Official Gazette, establish
a market committee for everv area declared to be a market area under sub-
section (I) of section 10. The committee shall enforce the provisions of
this Act and the rules and bye - Jaws framed thereunder.

Constitu- I 3.
don ofmar-
ket commi-
ttee.
Powers and 1<4-.
functions
of the pre-
sident.
Calling of
meetings
and .quo-
r trrrr,
Functions of
Market
committee.
5
In r:aseofp~culiar nature of trading of any agricultural produce, a separate
market committee within the same market area may be established if the in-
dependent market committee already ftmctioning -is unable to undertake its
. trading :
Provided that not more .than one market committee shall he establi-
shed within the same marke: area for the same type of agricultural produce.
Everv market committee shall consist ·of the following members to be
l1~mJinated by the State. Government ,namely :-
(i) Deputy Director of Horticulture of the area who shall be the ex-
Hiclo president of the committee,
Deputy Director cf Agriculture of the area,
Deputy Director of Animal.Husbandry of the area,
one member of the Co-operative Societies holding licence ill the
market area,
one member from the traders holding licence in the market area,
two farrners ' representatives of the area,
one. member from the Urban Development-and Homing ..Depnt-
ment.
(ii)
(ii.i)
(iv)
(v)
(vi)
(vii)
(2) The non-official members shall-hold office for a period of five years commen- .
.dng from the date-of the first. mee\)i'ng of the. market committee.
(3) The off1cial members shall cease to hold office, if'he ceases to he it member
of the category of persons from which he was nominated.
(+) A member shall also cease whold of'ficeif he ,resigns his membership.and.the
same is accepted by the market committee or if 'he is removed by the State
Government. .
(~) Whenever any vacancy occurs in membership .for any of the reason afore-
said the said vacancy shall he ,filled in the same manner and such member
shall hold office for the unexpired term of the member in whose place he is
nominated.
(6) Notwithstanding any vacancy, the market .committee shall be conipetent'to
exercise its powers ancl.pcrform its duties and none of its act shall be-question-
eel merely on the ground. of the existence of any vacancy or any defectun its
constitution.
CHAPTER - IV
POWERS, FUNCTIONS AND DUTIES OF MARKET COMMITFEE
The president shall exercise such ,powers. and, perform such duties on ':beh<df
. of the committee under this,Act.and -thc rules 'made thereunder 3snnay be
prescri bed.
(2) The president shall preside at every meeting of the market committee and in
.his absence the member.s .present-shnll.elcct oae.from amongst ~themselve'S:t(} ..
.preside over. that meetilfg .
(I) .No business shall be transacted .atany.meetin:g of,the market committee-uniess-
(a) the Secretary, under the· d irection.of rpresidenr calls for metlf~ng on
a requisition made.by.the-rnembers.es prescribed ; and
(b) there is quorum.
The quorum referred to in clause (b) of-sub-section (1) shall he one-third of
the tot al number of the members of the market committee. If at anymeet-
ing there is 110 quorum, the meeting-shal] stand adjourned to some future
day to be appointed by rhe p-esident 0" any member who may preside at the
mt:cting, as the case may· he. The members pj'esent at such adjourned mee-
ting sha II form a quorum whatever, their number may be.
(J) The functions of a market committee shall. be ,-
(i) to maintain and manage the market yard and to control, regulate and
run the market in the ·interest 'of agric\'llturist and traders ho!tung
licence from the ·market· yard .cornmittee ;
to regulate and control transactions in' the market and to deal with
any defaulting licence holder wirh respect .to any notified agricultural
produce j
to control and ,'egulate the admission in the markets, to determine
the .conditions .Ior ~use .of .t.he. m~rkf't ~ncl. t{\ n,.."opl""t., ~n·r1 ~",.,f;<""".,""
(ii)
(iii)

.~ :'
~.; "
. :.' :'~'.:.' '
, ..;
Powers of .... 1'7.
the market
committee ... ,
Duties' of
the market
committee
.,
Appo.int- .
ment of sub-
committee
and joint ..
committee.
,I,.:
Appoint- i,o.. (i)
ment of
secretary (1)
and other
officer and
staff.
Execution. 21.
of contract •.
Power .to .'.' 1L,
levy-feel.,
'.,.;'.
Market'
committee
funds.
23·
Contnihu-.
bution to
?••..
6.
.to~ettle all disputes betweeajhe sdlera:nd the buyer a:rhng out of
i..ny'kind tif transaction connected w.ith;hc:: jruI.rkectltlg- (0f no~a64
'agl.:.lcuhur~J producein the manner prescribed ,; .
.::(~.)' . to briilg, proseC1.lte or defend or aid in ',bringing. prosecuting OT def-
ending ny suit, action, proceeding, application OJ' arbitration ol)oehalf
, of the. market committee ; .."
to 'pm'chase; hire or acquire any Iand or pther movable 01' immovable
propert), [or the purpose of its business, to raise fund from the State
Government, or t.o enter into "-lT~ngement 'with loca, other
authority with the approve I of the Board for the said pUJ pcs~ ;
. (Iv)
(vii') to levy and recover market ch;;rges, fee on agl'icultural, he rticuhurcl ,
animal husbandry and forest produces and 10 impose finer And penal-
ties with the approval of the State Governmcnt ;
(v:iii) to do such other things as may be required Ior ihe pllfpOM of achi c-
ving the objects and purp()ses of' this Act and the rules ar d by{'.'I.ws
made thereunder, .
.J...market committee sha11have the power to regulate entry of pc vsons ir.te
the principal or sub-marker yanI, to supervise the behaviour of the penc,l'l
so entered [or business and to take disciplinary action agaimt the Licensee. who
fail., tofulfill the conditions of the licence or any direction of the In lrket com-
mittee issued under the pr()vision, 01:this Act or ,the rules or b,.e.law-~made
, thereunder.
It shall he the duty of every market committee te enforce the ploVI~IOn! of
this Act, the conditions of licence granted under the rules and bye ..laws made
under the Act in the market area and to provide such facilities a~;the Srate
(;ovel7uncnt may, from time to time, direct irreonnectlon with the purchase
;!nd or sale of notified agl'icultu.ral produce.
A market committee may appoint a sub- committee or a joint committee or
,an sdhoc xommittee from among~t its members f6r the administration of the
sub-market yard, for Icporting or recommending 01" d~ciding ~.nymatter
or martersrrelating t hereto vand may delegate to such comrnitree such of lts
duties as it may think fir.There shall he atleast' three "members in such
committee .
. Every market committee shall' have ~ Secretary 'appointed by the Stjlt«
Government subject to such terms and conditions, as niay be prescribed.
A market committee may also, with the approval' of the Board, employ lIuch
other-officers and staff as inay be necessary forfhe mal,agement ofthe marl;:l'lt
on such terms and conditions at may be prescribed.
.Every contract entered illtoby a market committee shall be in y,T.itint ;r,Rq
shall he executed by the president and eecrctary of the committee.
A marketcomitlitte~ shall levy and collect fees on the aglicultural pro· '.
duce bought or' sold in the no.tfied market area at it rate approved by thl! .
Hoard and concurred by the State. Government for which an agriculttiraJ pro·
duce is bought or sold whether for cash Of. for deferred paym.eJ~1 or other
valuahle 'consideration
Provided that »
(a) no fee shall be leviable in respect of ~nytransaction in which deljve:ry
of the agricultural produce bought or sold is not actually made ; and
(b) a fee shall be leviable only on the parties to a Iransaction in which
deliver), is actually mad".
All money received by a market committee shall be paid into a fund to be
called "The Market Commit tee Fund" and all expendilure incur red by the
market committee under or for the purpose of this Act shall be. dfrayed out
of the said fund, Any .,>urplus remaining with the market cornmirtee after
such expenditure shall be invested in such manner as may be pres: ribed.
Every market committee shan, ourof irs ftmd, contribute to th~~Ihard a sum
Ilolexc:eeding twenty five per cent orthe moncy received bv it as rna~ be der

Purposes
for which
market
committee
fund shall
be expen-
ded.
Mis-appli-
cation of
fund.
Power to
borrow.
Acquisirion 2R.
of land for
the pur-
pose of this
Act.
No trade 2.,.allmvance
permissible
except as
prescri bed.
Members of 30.
the market
7
-
(i)
(ii)
The fund of the market committee shall be expended for (he following
purpOS(;S, namely ;-
maintenance and improvement of the market ;
construction and repair of buildings necc~~ary for the purposes of
such market and for the health convenience and safety of the persons
u~ing it ;
pay, pensions, allowances, gratUities, compensations for injuries
resulting from accidents during duty and compassionate allowances
of its employees and payment of honorarium to president, vice-presi-
dent and members of the market commit-tee and travelling allowance
payable to them for attending the meeting j
expenses connected with the collection and dissemination of infor-
mation regarding matters relati.ng to crop statistics and marketing
in respect of the agricultural produce j
contribution to the Board under section 26 ;
acquisition of a site for the market ;
payment of interest on ihe loans that may he raised for the purpose
of the market and the provisions of sinking fund in respect of such
fund ;
other expenses connected with the carrying out the purposes of this
Act and the rules and bye-laws made rhereunder.
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
26. If a market committee incurs an expenditure for any purpose other than
those specified under section 25 or in excess of (he expenditure approved
by the Board then it shall he deem_eel to be a mis-application of the fund.
27· (I) A market committee may, with the pre':iou,: sanction of the State Govern-
ment, raise money required for carrying out the p11rposes ['or which it is esta-
blished on the security of any property vested in it and of any fees leviable by
it under t-his Act.
(2) A market committee may, for the purpose of meeting the initial expenditure
on lands, bUildings, equipments and manpovyer for establishing the market,
obtain assistance or grants from the State Government and 10]11 from the
State Government or any financial institution.
(3) The conditions subject to which such money or loan shall be raised or oht-
ained and at the time which the same be repayable shall be subject to t lio pre
vious sanction of the State Government.
(2)
The State Government n12_yon the request of the Board or a market commi-
trce , acquire land required for the pm-poses of this Act.
The Board or market committee shaII be deemed to be a loco I J uthority for
the purposes of the Sikkim Land (Requisition and Acquisition) Act, 1977.
CHAPTER - V
Trade allowance
No person shall make or recover any trade allowance other than an allowance
prescribed by rules or bye-laws nude under this Act in any market area in any
transaction in respect of the not-ified agricultural produce and no Civil Court
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 11'0111standard, when the purchase is made by reference to known
standard, or on account of difference between the actual weights of the con-
tainer and the standard weight or on account of the admixt ure of foreign
matter shall be regarded as a trade allowance for the purpose of this section.
CHAPTER - VI
Miscellaneous
The State Government may, on the recommendation of the market commi-
ttee supported by at least'two-third of the total members or on the reCO!11I1l-
---1,.:"" orthe Board, remove any member of the market committee, ifsuch
-. ~- ~-- r~"Q'·nmp.nL been ruilty of mis-

Members to 3 I •
be held res-
ponsible
fOJ· mis-
application
of fund.
Power to
inspect.
Duty to fur- 33·
nhh infor-
mat ion to
the State
Govern-
ment or
other auth-
oriscd
officer.
Power of 34· (I)
the Board
111 emer-
gency. (2)
Recovery
of loss ..
Sup~rsess- 36.
ion of mar-
ket commi-
ttee.
Conseo uen- 37.
ocs fo'Uow-
ing supcr-
seSS,Ol.1 or
8
Provided th~t no crcler for rerr ovol of vny me mber shall be passed by,.
the SLlle Cr.vcrnment unless the ruerrricr has been given a reasonahle oppor~
tllnity of showing CZ,lbC why such c.'nh'T should not ,be passe d:
Provided further that 11(} recommendation shall be made by the .market
committee or the Board unless the member has been given a reasonable, opp~
ortunity of showing cause why such rcco mmcndat ion should not be made.
The dccisiou of the State Government under sub-section (I) shall be final.
Every member of the market committee shall be personally liable for the mis-
application orfund to which he shall have been a party, or 'which shall have
happened thwugh, or been facilitated by, gross neglect of his duty as a mem-
ber, and 11<0 nny be sued for recovery of the money so mis-applied.
Anyofficer authoriscd by the State Government by order shall have power
to inspect the accounts of the Board or any market committee or to institute
an enquiry into the affairs of tlw Board or any market committee and to re-
quire it (0 do a thing or 1.0 desist from doing any_.thing such officer consider
necl'ssary in t he interest of the Board or any market committee, as the case
may he, and in C,Jse of non-compliance, (0 ask to furnish a written reply to
him within ,1 rc.isonabic tirnc stating reasons thcrcfor.: ""
'When (he aifail's ()f' (h..~Board or of a market committee arc illvestigated
or the procu.:cling of such Board or committee are examined by the State
Government or any officer as may be authoriscd by the State Government in
this I)!·~haIf, all officers Jnd staff, members of' the Board and of such commi-
ttee shall furnish such information in their l)ossession in rt~?,ard to the affairs- 0
Board or committee as the State Government or suchor proceedhws of the
officer may l:~~guire.
.,...:~.
In case of an el11C1'gcney the Board may suspend-or cancel all or any licence
issued under the provisicns of ths Act and take such other steps as may be
deemerl necc5s2ry in t-he interest of a market.
Where a market committee is not cOlllpetent to perform the duties imposed
on it hy or under (his Act or under orders or decision, of a court; the Board
shal] make such alTJngc:ment for performing such duties and functions of-such
market committee as it may .lccm fit. -,,'1,
Any loss rhar may OCCLlI' to a market committcc due to its failure to carry, "
out an)' instruction of the Board, shall be recoverable from the member of th~
market committee alt cr due cl1C[lIiry and after gj.,'ing reasonable opportunilY
of ~:ho\Villg cause t-o them ax ('0 why such loss should not be recovered from
them.
(2) Any amount rcc:)vcrahk {'rom the plemll('l' of <1 market committee under
this ~;ccf iOI1 ·~hi\ II he rc~,lis«l as an arrear of puhl ic demand under the provl- rof 19
sions of the Sikkirn Public DCIll~l,(b Recovery Act, 1988.
(I) If' in llw cpiniol1 of (he S!ak Govcrr.mcnt a market committee' is incoin- ",
petcnl to perform or lHT~;istently makes default in:perforIll]ng the dutiesim-
posed on it hyor under this Act, or dvc rules and bye-laws framed thereu:i-Jd'er;'"
or if it abuses its powers, the State Government niay-, after giving the 'market'
committee an opport unity to sumbir ..n explanation, if any, by notificatloii,'
supersede such committee Cor a period not exceeding one year at a time or
dlssolvc the committee and rcconst i+ut-: it as soon ax poss.ible.
When a commi ttee is superseded or dissolved under sub-section (I), the
State Government may appoint any perwn as an administrator to exercise
and perform all powers, dut ics and functions of the market committee until
a lH,W committee is constituted.
When "11 order orsupersession or dissolution is passed under section 36, the
following cbns'''1uences shall ensue, n,nlely :-
(a) all the members as well as the presidentcf the market ,committee _-
shall, from the date of such supersession or dissolution, be"deerr{e'd~;'\;'A". • '••... : '

laIty for 38.
.mtraven-
ion of sec-
tion 10.
Eviction of 39·
viction of
encroacher
of market
yards.
Penalty for +0.
contraven-
tion of sec-
tion 31.
Penalty for -4-r•
contraven-
tion of pro v i-
sion of sec-
tion B.
President,
members
and staff of
market .p.
committees
to be pub-
lic servants.
Bar to suit +.l.
in absence
of notice.
Trial of
offences.
9
(I» all assets vested on such committee shall, during the period oJ sup-
ersession 01' dissolution, vest in the State Government subject to. all
its liabiltties.
(2) On the expiration of the period Of ,uper,t'~ ~.on specified in the order,
State Government may -
(a) extend the period of supersession For ~lI('h Further term as it J1ny con-
sider necessary but not excl:fding a period of one year at a time ; 0.1'
(b) reconstitute the marker cornmitr-:e :
Provided that the State Government ])1.1)" at ;1.11)' time before the ex-
piration of the period orsl.lpU'ses~ ion, t,ll«' .1e';ion under clause (h) of this
sub-section.
(3) On the reconstitution of the marker committe-e under sub-section (2), the
Government shall transfer all assets aru] 1iahi!it. ;c.s of the market committee:
as on the date of such transfer to tl-I~'now 111;)1'1:(;[ committee.
Whoever contravenes the provision:.; of' sub-section (2) of section. J 0 shall,
on conviction, be punishable with fine which may extend to five hundred rup·
ees and, in the case of continuinp cont r.ivcntion , with further fine which may
extend to one hundred rupees pe;' day during which the contravention i, C01{-
tinued after 1he convict ion.
Every encroacher of market yard 01' sub-market YM([ she 11 be
from in such manner and proccdui (' as provided in the law for
ill lc rcc for eviction of public pnmis('s,
evicted there
the time being
(1) Whoever makes or recovers anv trade allowance in contravention of the rules
01' hye-l<'lws made under this Actshall, on conviction , he punj~h,'\ble with fil'le
which may cxre.ncl to five hundrf'd rupees.
Ail fines and darnages recovered from an offender sh<111 be paid to the fund
of the market committee concerned.
(2 )
(I) If any oflicer or member of the Board 01' a market' committee when required
to furnish information in regard to the athirs 01' proceeding of the Board or
a market committee under section 33-
(il) Wilfully neglects or refuses to fur- nish any information ; or
(b) wilfully furnishes false information ; he shall, on conviction, be punish-
"hk with fine which may extend to Eve hundred rl1pees.
The President, members, sccrerarv and other officers and stafF of the Board +5 of
and " market committee shall he 'puhlic servants within the meaning of see- 1860
tion 2 I orthe Indian Penal Code, r860.
( I) No suit, prosecution or legal proceeding .hall lie. again,t the Board or a mar-
ket cornrnit tee or anv rncm]» ..-r , office}" or sr."df 1hereof, or Co.ny .lJeT~on acting
under' the cl.ireclion· of such Board 01' market committe-e, (,oj, '1l1ylhing done
or purported to be done in good faith under this Ad or .he rules or hye.Iaws
made thereunder until the expiriltioll of two months next after notice in wri-
ting ,tating the cause of action, the name and place of abode of the intending
plaintiff and the relief' which he claims, has been in the case orBO<ll'c} or a
market committee, delivered or left at its office, and in the case of' any such
member, officer, stitH' or person as aforesaid delivered to him or left at his
office or his usual place of abode and the plaintiff shall contain a statement that
such notice has been so delivered OJ' left.
Evcrv such suit sha ll be barred Llnk~<, it' is insrit.ut cd within six months from
lhe (!ale of' 'h(: al!e[Jdl cau..« of acrion ,,.,
(I) No offence under this Act or ,my rules or bye-lows made the.rounder shall be
tried bya eourt other than the court of it MJgistrate of the First Class,
No court shall take cognisance of any offence punishable under this Act ex-
cept on the complaint of' the secretary of 1h,~ Hoarel or orjhe market commi-
(2)

Admiissi- H.
bility of
copy of en-
try as evi-
d~nce.
Power to +6.
make rules.
10
A copy of any entry in any book, register or list r"'gulal~y kept in the c
of business in the possession of a market ciommittee shall, if duly ce
in such manner as may he prescribed be admissible in evidence of th.
tence of such entrv and ~h~,l; h,: a(:mitteo ,.5evidence (.fthe matter a
transaction therein' recorded in cvr-rv C'15(', where and t" the same ex-
which the Ol"lglll<d l:JLLl)' wouro , it" produced, be acimssible to pro'
matter.
The State Government may either gcr"l'~r,,]jy or specially for the Board 01'
market area or market an:",s mc.kc rules <.iter previous ilUblica\.ion for car
ing out the purpo~,cs oj' (hi" ,A.d,
In p~rticular and without prejudice to the generali,y of rhe foregoing power,
such rules may provid- Ior "if or .11lY 01 the following m .tter , namelv ;-
(a) the power (:0 De (cxu'c;~t(l ;)J1d rhe duties to be performed by a marke
committee and its prl-:.sid(·nt 4~.nd secretary ;
the management of ihc market, minimum and maximum fee whic.
may be levied and collected by the market conmitree , the-method,
manner and mod," of cOUcctioll of such fee ill respect of such;
agricuh.ural produce sold and resold in the market area ;
the i c j' .J 1 (' d i ,,e issue 01 ncences to traders, person ann nrms (ngage H1 processIng
01 agricultural produce, i 0 commission agEnts, brokers, weighmen,
surveyors, warehousemen and the cancellanon a:Id suspension of such
licence and the category ·of such other persons ')perating in a market
area as m"y be determined by the Board, 2nd tl e form in which and
the conditions suhje<:t to which such licenses Shilll be issued, cance-'
\led or renewed ;
the method and manner of holding me'~,ings, ~he procedure to be
followed at such meerinc and the powers to be erercised at such mee-:b
lings;
the persons hy whom and the form in 'which . opies of documents,'
entries in the books of a market committee m',I be certified and the
chal'bues to be /cyied for the sut.)]);y of' such copie. ", 1..1 ~
the kind and. clcscripi ion of ~h? \'/1.']gh1'" and r ieasures and weighing
and measuring insrrurnents 'which shall he used in the transactions of
agr.icultural produce ill any market areas ;
providing for the periodical ,inspection of all ',,,eights and measure's
and weighing and 111ea;"uri,ngin~~1T1J111ent~in l1~Cir. market areas
the manner in which; he inquiry and inspection (,I' the Board or market
committee shall be hdd ;
the matter in r('spect of which rhe Board OJ' 111. rkct committee may
make bye..laws and 1he procedures io he followe l in making, amen-
ding or rescind.ing the bye-laws ;
the declaration orthe n1~.rk(=:tp1"oiJ(~r and rn;:rkf1. v, rds ;
the condition 0)" service, recruitment, 'prov;d~1 t fund, pension, and
such other terms and conditions <IS m",yhe rcqu:r.:d for the employment
of' the staff of the Board and, .markei cornmitt. e ;
the trade allowance which m"y be made or rec. ived byany person in
any transaction in any agricultural produce in a market area;
the prohibition or' brokers for acting any transact ion on behalf of both
the buyers 0.1' seHtrs;
the ,provi.sion of accommodation For storing «n:: ,agricultural produce
brollght Into the markct ;
the p,'cpJ.l'atioi\ 0(' plans and ,~,:',i!11"i",:; for work.: proposed tobe cons-:
1ruCU~<1p,"rHyor \1'11.;,,11-:;~i: \h'~ C'XDen3C~ of <:11;market committee
J th ,.. ) '"1
ann l (: gr(\r;y Pi" ~~;;nctjonto such pL'n!~zn<l e~~'"rnates ,
the form in which 1.i1<-::lCC()LInl:; 01,' ,'he~l~D;;]'d (,.- a market committee
and. the graHt and s-nctio» to Ft.\i1S r:~nd csrim. i-es shall be kept, the
tludii~ il1spcctiDl1 and pi..l.~:>Iication orSL1ch account and audit report and
the inspection thereof and :·;up:~ly0:" .~:(,.~:;j:::5orsuch acco.ints and reports;
th(-":pr'~pC":.r8':·in~·l ?nd .<·:vh:rn·if";::;ionf'c'r ;';:--Jlctron,<, )~ the annual budget
and the l'CP0l'( ;;w; return'; (0 hI:; "!trni~,hF,C\by Ihe Board or market
comm'ttee;
the invest men! .::1.11\.1dis;':ll.":zi..lc<'1h,.";~;urrJu~: fund.s( ..a market committee ;
th(-~ rr:g!:dv.1:ioH c·~>r.~(·!.~/::tr,c,'""'.~i.f J'}~, given '.0 ~.glculrurist by brokers,
COlnn1i:')::;ioilagents or l r(,.~.ders;
t!J.::; pr::.\cr.d:.hJ-iJ0;: Cil.hl~·~(:.raUonof a ~·.gricuilurc 1 produce ,
the gi"CI.CTi'-1.gand 3t8.nd.z:.rdj.s~ti.on of 2.gricu1tuj·;;.1 produce;
th:·~.~~ecl:'ingof a li;:: of Dj'i('('~; (.f' -...~~.:.. I, 1 ~
(b)
(c)
(d)
(e)
(F)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
(p)
(1')
(s)
(t)
(u)
(v)

Bye-laws
POW'~I' of
State Gov-
ernment to
cal] for pro-
ceedings of
market
committee.
POWC1' of
the State
, Govern-
ment to
amend the
Schedule.
Act to
have over-
riding
etfect.
11
(w) the manner in y\,!tiLh auctions of a.~ricuhuralproducc shall be
conducted <1IHIhirls m.ltk .1IIJ accepted in <tHy markci ;
(x) the n~CO\'cI"y and disposal of cost leviable hy or under this Act;
(y) allY other JII.lU:..;;':;\vll;,jl 1M:,(u b-. '.)1' may he prescribed.
Any rule made under this Act may provide that any contravention thereof,
or any of the conditions of licences issued or renewed, the offender shall, on
conviction, be puhishab]e with fine which may extend to five hundred rupees.
Subject to any rules made by the State Government under section 4-6, the Board
may, from time to time, in respect of any notified agricultural produce and
market area, make bye-laws not inconsistent with this Act [or the regulation of
business and the conditions of trading in such market area,
Any bye-laws made under this section may provide that any contravention
thereof shall, on conviction, be punishable with fine which may extend to five
hunderd rupees.
48. The State Government may, at any time, call for and examine the proc"edings of
the Board OJ" ;lilY market committee lor the purpose of satisfying itself as to the If:gaJity or
propriety of any decision or order passed by the Board or market commi-ttee and if, in any
case it appears to rhe State Government that any decision or order or proceedings so called
for should be rnodifie d, annul led 0" revised, the State Government may p.lSS such order
thereon as it think may fit and such order shJil be final.
47· (I)
+9. The State Gover-nment may, by notification in the OFficial Gazette, add to or amend
or cancel to any of the items of ~gricLlltllJ'al produce specified in the Schedule,
.'{o. The Act sn,dl have overriding effect notwithstanding anyth;ng contained in any other
law for the time being in force relating to establishment, maintenance or ,egula\ ion 01 mar-
ket of agricll1tl.lral produce in any market area declared as such under this Act or the po~
wcr« of ~ marker committee or the ri.ghts of a holder of a licence granted under this Ac.t.

12
THE SCHEOUUi
'1/ernacular Name Botanical Name
-..- --~.-..- _-;--_._--_ ..:..-.- ~.,,- -.~~.--.--.-.__ ,., -""-""'-,- ,.: -_. __._-- ----,,---_. ---------'-_ ..,""------_ ,-" _".-.,..-
I.
2.
R'Hlr~y
M<ii'l.~
Mil!e\.s (all varieties).,j'
!;.
Oat
Paddy husked
and Dhan
(unhuske.d)
wn';c:t6.
T. Black Gr~ •.•
2. Chick Pc
3· Cow Pea
4· Green gram
s· Lentil
6. Mat been
7' Peas
8· Pigion Pea
9' Soya bean
T. Castor
2. Coconut
3· Gr-ound-nut
4· Linseed
I). i'ligt'r seed
6. Mowr-a
7· Mustard (Yellow)
Q
Mustard (black)u.
9· Palm Oil
1 c. Indian mustard
1 r. Indian rape
12. Rape seed
13· Sunflower
J 4-. Sesame
I. Atnaranths
2. Arnorphopha IIus
Asparagus
Beans
L,ll)lab
French bean
Chuster bean
Lirnu b','.l.n
Broad bean
Beat
[au
Makai.
Kodo
]01.1
Dh;m!Chama1
II. Pulses
Urad
Choma
Lobin.
Mung
Masur
Mot
Mattar
Arhar
Bhatmas
HI. on Seeds and edible oils
Arandi
Nariva]
Badam
Ab
g;vllti\
Mahua
S,'lrsoan
K~lo sarsoan
Rayo
Tori
Surva mukhi
Til '
IV. Vegetables
Chauli
Zamikand
Satavar
Simi/Borhi
Ch.uk'.ll'l.del'
BorclCUl1Q\'Iilg •.rc
Zea rnavs
SOl'ghun; VulgdrePenllj~"c,.
turn tvpho idcs Elcusine
cors cana Paspalurn Scro-
hi.culum Panicum Mil iacum
Pan icum Miliare Setaria ~;:
it.altca chinochloa Colona .
Avena Sativa
Oryza Sati va
Tri ticum Aestivura
T. Dicoccum
T. ~~Fha(r()c(}cC\m1
Phasco lus Mungo
Cicer ariet inum
Vigna Sinesis
Passeolus am"'elM;
Lens CSCUklY(.1.
Pcseolus JI,':onitifo lius
Pisurn Sati \ urn
Cajnus caj<l'l
Glycine max
Ricinus Communis
C"SllSnucifera
Arachis hypogaea
Linurn usitatissimum
Guizolia Abvssinica
Madhuca in~licil
M.!ongifollia
Brassica Carnpesrries
Val', Sarsoan
B. Campcstis
Elaeis guineensis
firassica [uncea
B. campestrics V"1'.
B. Napus
Helianthus annus
Sesamum Indicum
Amaranthus Caudatus
A. spinosus
A. Tricolorr
Amorphophalus
eampanuletus
Asparitgus officinali
Dolichos kblab
Phaseolus vulgarj~
Chamopsis tetragono
Phuaeolue [onatua
Vida fahJ.
Beth vtllarj~

IJ
fllandakopi
Cauliflower Phulkopi
(Knol Khol)
Bul tan
Kopi
Brussels
Sprouts
7· Cucurbits
Pumpkin
BOLJe eourd
'"Sponge gourd
Ri.dgt:gO~Jrd
nitt.':T g()urd
Sjl?k:~~ g\.)llrd
l\)ini·ccl "'HInl
Round g~;ul"d
Pharshi
Lauka
]hiu<lni
Bh,~lSisiIwey,.. 0
i(;,n,./a
chichinda
r.n"'vel
Ttnda
<).
Cucumber
bqUC:i
SUI"Illllf:l' squash
~~~t~~~'t;tLen \I cc
Ol~"a (Lady's f-ingn-)
Kankra
10.
B.:\l~~un
Katahar
S31~ld
Bhindi
Alu
Kuifa
Moola
II.
I 2.
T}.
J~.
16.
Spinach
S\\.o::.ct Po~.-ato
Carrot
Onion
Prdak
Shakarkanda
Gajar
Piaz
17·
18.
I.
2.
3·
4·
5·
6.
7·
8.
AppL~
Apricot
1\vocado
V. Fruits
A.ir-ha]
Khupani
Kera
Kaju
Cherry
Sharila (Sit<lf<11)
/\rn1a
Khajur
Anjecr
(:h0.i~:·Y
CU!it:wrl apple
Ambl icmyroba:,,11
Date palm'
Fjg
Gt=:..pefp..Iit.
C':"'P:; \,111':'
Guava
Gujube
Java p1uli1
Lem(H1
Litchi
Mango
Muskmelon
Orange
Papaya
Peach
Pine apple
Pomegranate
Sweet orange
V.[1Iter melong .
Wood apple
9·
IO.
11.
12.
'3.
T~.
Angooi"
Ambak
Bail'
.1arnuln
~~imbu
Litchi
Aap
Kharbooja
Suntola
Mewa
Naspati
Anannas
Anal'
Mausamhi
Tarbooz
Bel
J .1;.
16.
17·
18.
19·
20.
11.
z2.
(VI). Spices'an~Condimen ts
I.
7..
3·
4·
Al1spice
Anp-dica
An';~e seed
Asafoetida
Basil
l-Ling
Tulsi
Brassica oleracoa var. aapi-
tala
B. oleracea var. c•.sul-
Ol'iipa
B. OJel"(1ccSJ.
Var. g..-rumifera
Cucurbita mosohata
Lag~.;n~lr'2.vuIg:!ris
Luff~~cYf.;l ;H\11~;Ct1
L. acu!'angula
]Vieri1ortli_cach.'1,!-antia
'Trrcllo:;enJ hes angui,ca
T. dioic:.
Citrul lus vl11£,aria var,
fishulosLls ~
Cucumis saiivcs
Cucurbita Maxlma
C. Pepo
. SniilTH.in1In~'longc.n~
.Aro::2.i·DlIS hererophyllus
Lactuc~ sava J'
AL>z;Lnv;chusesculautus
Sol.i.urrn tuberosum
Po; l ulcca oleracea
;1..~:~·'h;1i1US 51~'''~;S
Sp.iilo(lcia.oleracea
Ipornaca haLtatlls
Pyrus malus
Prunus armcniaca
Persea americana
lVIu~~aP:;r'adisit'ca
!\nanc"nlit;ll1 occidentale
PI'Ui1US avium
Anona SglX.11l1POS
Ph'(i'c:.n+us emblico
Ph;)cnix dactylifera
F!cu~.;Carica
Citrus }\"l.radi.si
Vilis Vinifera
Psidium guajava
Zizyphus jujuha
Hcgcina Jambolana
Citrus Limon
Litchi chinensis
Ivlallgifera indica
Cucumis molo
Citrus zet;culata
Carica papaya
PrunusPer-sica
Ananas comosus
Punica granatum
Citrus sinensis
Citrullus vulga.ris
AegJe marmefos
Pimento dloci a
Ang~lica archan ge1iea
Pimpinella anlsun
Ferula <?safoctida
Ocimum sanctum

I.
2.
Bamboo
H;\rnhoo Shoot
Ti mbrr
Grass Broom
Dhoop
Mushroom
Lieopodium Powder
Chiraitto
Mazcttoo
Nakima
Nigrc)()
Sisnoo
Pakhan bert
Bikhma
Bantorool
3·
",.S·
6.
7·
8.
,.1 Q.
11.
r 2.
r 3.
14-·
1.5·
By order of the Governor.
14
X. forest Products
Hamh
Bal1~·h Ko tusha
«aal h
]hilru
Dhoop
Chacw
Naghelly
Cluraitroe
Mazettoo
Nakima
NiPTOO
Sis~~()o
Pakhanbett
Bikhma
Bautarool
B.R. Pradhan,
Secretary to the Government of Sikkim,
Law Department,
F. No. 16(267)LD/')3.
PHINTED AT THE SIKKIM GOvT. PRESS-.

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