The Tripura Markets Act, 1979

Tripura Act No.  10 of 1979.
THE  TRIPURA  MARKETSTHE  TRIPURA  MARKETSTHE  TRIPURA  MARKETSTHE  TRIPURA  MARKETSTHE  TRIPURA  MARKETS
ACT,1979.ACT,1979.ACT,1979.ACT,1979.ACT,1979.
Published in the
EXTRAORDINERY ISSUE OF TRIPURA GAZETTE
Agartala, Sunday, July 7, 1979 A.D.
Asadha 16, 1901 S.E.
Government of Tripura
Law Department
No.F.2(10)-Law/Leg/79                                  Dated, Agartala, the 20th June 1979.
The following Act of the Tripura Legislative Assembly received assent of the Governor on the
3rd June, 1979 and is hereby published for general information.
Tripura Act No. 10 of 1979.
THE TRIPURA MARKETS ACT, 1979
AN
ACT
to provide for controlling and establishing private markets in the State
of Tripura and for matters connected therewith.
BE it enacted the Legislative Assembly of Tripura in the Thirtieth Year
of the Republic of India as follows :-
1. (1) This Act may be called the Tripura Markets Act, 1979.
(2) It extends to the whole of the State of Tripura.
(3) It shall come into force at once.
2. In this Act, unless there is anything repugnant in the subject or
context :-
(a) "District Magistrate" means the District Magistrate of any
revenue district and any officer appointed by  the Govern-
ment to exercise and perform all or any of the powers and
functions of a District Magistrate under this Act ;
(b) "Government" means the State Government of Tripura ;
(c) "licence' means a person or group of persons granted
license under this Act ;
(d) "licensing  authority"   means  the Sub-Divisional  Officer
having jurisdiction over the area or any other authority so
notified by the Government ;
(e) "local  body"  means the authority set up under the United
Provinces Panchayat Raj Act, 1947 or the Bengal Munici-
pal Act, 1932 as extended of Tripura or any other relevant
Acts ;
Short title,
extent and
eommence-
ment.
Definitions.
2
(f) "market"  means  any  place  not  owned or managed by a
local authority or Government where persons assemble for
the sale of,  or  for the  purpose of exposing for sale meat,
fish,  fruit,  vegetable or any other articles of human food
whatsoever, animals, fire wood or bamboo ;
(g) "notified" means notified through publication in the Tripura
Gazette ;
(h) "prescribed" means prescribed by the rule made under this
Act ;
(i) "Sub-divisional Officer" means the sub-divisional Officer
in-charge of a revenue Sub-Division of the District in which
the market place is located ;
(j) "toll"  means  the  rate charged by the owner, organiser or
Manager of  a  market  from the persons assembling in the
market place for the sale of goods.
3. (1) No person shall establish or permit to be established a new
market after the commencement of this Act without a licence from the
licensing authority.
Explanation :- New market means a market established, or organised or
sought to be established or organised after the commencement of this Act.
(2) The owner, organiser or Manager of the Market which has been
so functioning or existing at the commencement of the Act shall apply for
grant of a licence
 1[to the licensing authority within such period as may be
specified by the State Government by a Notification in the Official Gazette
in this behalf.
(3) The licensing authority may grant the licence on such conditions
as it may deem fit or reject the application for reasons for reasons to be
recorded by him in writing provided that no application shall be rejected
expect after giving an opportunity to the applicant of being heard.
(4) No licence shall be granted for any market without the consent
of the owner of the market place.
1.  Amended by The Tripura Markets (Amendment) Act, 1980, w.e.f. 8.7.1980.
Require-
ment for li-
cence.
3
4. (1) The licence if granted shall be required to be renewed every three
years and the licensing authority may refuse to renew or terminate or sus-
pend a licence for violation of any of the conditions of the licence or for any
other sufficient reasons to be recorded in writing and communicated to the
licence :
Provided that no order refusing to renew or terminating the licence
shall be passed without giving an opportunity to the licence of being heard,
and the suspension of the licnese shall not be for a period exceeding three
months at a time.
(2) The application for renewal shall be made at least three months
before the expiry of the period for which the licnese is valid :
Provided that the licensing authority may waive this condition in indi-
vidual cases if sufficient cause is shown for not filing the application in time.
5. No  person shall, without or otherwise than in conformity with the
terms of the licence granted by the licensing authority, keep open any market
or wilfully or negligently permit any place to be used as a market or expose
good for sale at a sale at a place not so licensed.
6. Licensing authority may by order close any place which has been or is
being used as a market without any licence and may thereupon take steps to
prevent such place from being used as a market.
7. No person shall sell or expose for sale any rotten or de-composed arti-
cles of food in any market.
8. The licensee shall keep the site of the market and the drains therein
clean.
9. The licensing authority may, by a written order direct the licencee of a
market-
(a) to cause the whole or any portion of the floor of the
market, to be raised or paved  with  dressed stone or other
suitable material ;
Powers to
renew, sus-
pend, termi-
nate licen-
ces.
Prohibition
of unlicen-
sed.
Duty of sell-
ers.
Duty of the
licencee.
Power to
give direc-
tions.
Power of li-
censing au-
thority to
close unli-
censed mar-
kets.
4
(b) to cause such drains to be made in or from the market, of
such material size and description, at such level, and with
such outfall as may appear necessary to the licensing
authority ;
(c) to cause supply of water to be provided for keeping
market, in a clean and wholesome state ;
(d) to   cause  any  shop,  stall,  shed or  other structure in  the
market to be altered  or  improved in  such manner  as  the
licensing authority may consider necessary ;
(e) to  lay  out,  construct, alter, clear, widen, pave,  drain and
light, to the satisfaction of the licensing authority,
approaches, streets passages and ways to or in the market ;
(f) to provide conveniences for the use of persons resorting to
the  market  Provided  that no  such  order  shall be passed
without giving an opportunity to the licencee of being heard ;
Provided further that the order specify a time limit within which the
directions are required to be carried out.
10. No licencee shall charge tolls in excess of the schedule of tolls notified
by the Government from time to time.
11. (1) Where the licensing authority is of the opinion that the closure
of a market, as a consequence of termination or  suspension of the licence,
may be detrimental to and  cause great inconveniance to the members of the
public, it may entrust the management of such market for such period as it
may deem fit to a local body :
Provided that the management shall not be so entrusted for a period
exceeding three years.
(2) Such local body as is entrusted with the management under this
section shall be a licencee of the market for all purposes :
Provided that the net profits which accrue after taking into account all
expenditure connected with the running of the market and bringing improve-
ments therein shall be held in trust by the local body and transferred to the
original licencee after the cessation of the management of the market by the
local body.
Restriction
regarding
tolls.
Entrustment
of manage-
ment to local
body.
5
12. All transfers of any interest of the licencee in a market shall be inti-
mated by the transferee within two months of the date of transfer, to the
licensing authority and any market the transfer of interest of the licencee in
which has not been intimated in accordance with the provisions of this sec-
tion shall be deemed to be a market without a licence.
13. (1) Any person being aggrieved in any manner by any order of the
licensing authority may appeal to the District Magistrate within 30 days of
the communication of the order and the District Magistrate may pass such
orders on appeal as he may deem fit.
(2) Any person may file a second appeal to the prescribed authority
against the orders of the District Magistrate within 30 days of the date of
intimation of such orders :
Provided that the limit of 30 days may be waived at the discretion of
the appropriate authority in individual cases.
14. (1) Any person  who commits breach of any of the provisions of this
Act or rule made thereunder or fails to comply with any directions under
section 9 or obstructs the licensing authority or any person duly authorised
by the licensing authority in the performance of his duties shall be liable on
conviction to a fine which may extend to Rs. 1, 000/- and if the breach is a
continuing one, to a further fine which may extend to Rs. 20/- for every day
during which the breach or failure to comply is continued after detection.
(2) In case of default in payment of fine, the defaulter shall be liable
to be punished with imprisonment for a term not exceeding one month.
(3) No prosecution under this Act shall be instituted except with the
written consent of the licensing authority.
15. (1) The Government may make rules for carrying out the purposes
of this Act.
(2) Every rule made by the State Government under this Act shall be
laid as soon as may be after it is made before the  Legislative Assembly while
it is in session for a total period of not less than fourteen days which may be
comprised in one session or in two or more successive sessions and if, before
the expiry of these sessions in which it is so laid or the successive sessions
Provision
regarding
transfer.
Appeal.
Penalties.
Power
to make
rules.
6
aforesaid, the Legislative Assembly agree in making any modification in the
rule or the Legislative Assembly agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no ef-
fect, as the case may be, so, however, that any such modification or annul-
ment shall be without prejudice to the anything previously done under this
rule.
~~~~~~***~~~~~~
LIST OF AMENDMENT.
1. The Tripura Markets  Amendment Act, 1980, w.e.f. 8.7.1980.

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