LexThe TRIPURA AGRICULTURAL PRODUCE MARKETS ACT, 1980
Tripura · state statute
Open in Lexace · Ask the AI about this actThe Tripura Agricultural Produce Markets Act, 1980 (As Amended Upto 4th Amendment, October 31, 2020) Tripura Act No. 15 of 1983 THE TRIPURA AGRICULTURAL PRODUCE MARKETS ACT, 1980 Arrangement of sections CHAPTER I PRELIMINARY Sections 1. Short title, extent and commencement. 2. Definitions. 3. Notification of intention of regulating marketing of Agricultural produce in specified area. 4. Declaration of regulation of marketing of specified agricultural produce in market area. CHAPTER I1 ESTABLISHMENT OF MARKETS AND CONSTITUTION OF MARKET COMMITTEE Establishment of Markets. Constitution of Market Committees. Composition of Market Committees. In-Corporation of Market Committees. Election and term of office of members. Creation of election fund. Commencement of term of office of members. Resignation of members and nomination in certain circumstances. Removal of members of Market Committee. Causal Vacancies. Terms of office of the President and honorarium payable to him. Procedure of election of President. Resignation of President. Consequents of absence of the President without leave. Vacancies in office of President. Refusal to hand over charge to new President. Meeting etc. of Market Committee. Members to act during vacancy ; acts of Market Committee etc. not to be invalidated by informalities. 3 CHAPTER I11 MARKET COMMITTEE - POWERS AND DUTIES 23. Powers and duties of Market Committees. 24. Constitution of Sub-committee, delegation of powers. 25. Power of the Market Committee to open collection centre for marketing of specified produce ; provision for receipt and payment by purchaser. 26. Power of Market Committee to levy fees. 27. Power to borrow and lend. 28. Execution of contracts. CHAPTER IV OFFICES AND SERVANTS OF MARKET COMMITTEE : 29. Power of Market Committee to employ Staff. CHAPTER V MARKETING OF AGRICULTURAL PRODUCES 30. Regulation of Marketing of agricultural produce. 3 1. Grant of licences. 32. Power to cancel or suspension of licence. 33. Appeal. 34. Provision for settlement of disputes. CHAPTER VI MARKET FUND 35. Market fund, its custody and investment. 36. Purposes for which Market fund may be expanded. 37. Manner of auditing accounts, preparing budget, annual report etc. CHAPTER VII TRADE ALLOWANCES PROHIBITED 38. Marking or recovery of trade allowances prohibited. CHAPTER VIII CONTROL BY THE STATE GOVERNMENT Inspection, enquiry, submission of statement etc. Duty of Officers, servant and members of Market Committee to furnish information to the Director, authorised officers and State Government. Powers of the Director to seize books and records, funds and properties to Market Committees. Powers of the State Government to call for records of any proceeding of a Market Committee. Suppression of Market Committee, etc. CHAPTER IX PENALTIES Penalties for not complying with directions. Penalty for contravention of Sec. 33. Penalty for making or recovering trade allowances. Penalty for obstruction of officer and failure to obey order under Sec.39 Contravention of provisions of the Act, rules or Bye-Laws. CHAPTER X MISCELLANEOUS President etc. of the Market Committee to be public servants. Bar of Jurisdiction. Trial of offences. Recovery of sums due to Government, Market Committee and others. Power to State Government to delegate powers. Power to exempt the Market Committee etc. from provisions of the Act. Power to make-rules. Bye-laws. Power of the State Government to amend Schedule. Power to write off irrecoverable fees etc. Power of the Committee and President to impose penalties. Repeal and saving. Power to remove difficulties. Tripura Act No. 15 of 1983 THE TRIPURA AGRICULTURAL PRODUCE MARKETS ACT, 1980 An Act to provide for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Tripura and for matters connected therewith. Be it enacted by the Legislative Assembly of Tripura in the Thirty-First Year of the Republic of 1ndia.a~ follows. CHAPTER 1 PRELIMINARY 1. (1) This Act be called the Tripura Agricultural Produce Markets Short title, Act, 1980. extent and commence- ment. (2) It extends to the whole of the State of Tripura. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. (I) In this Act, unless the context otherwise requires,- Definitions. (a) "ag~icu l tural produce" means such produce (whether processed or not) of agriculture, horticulture, forest, animal husbandry and pisciculture, as are specified in the Schedule ; (b) "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 tenant or by servant or hired labour 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 even though such trader, commission agent, processor or broker is also engaged in the production or growth of agricultural produce ; Explanation :- For the purpose of this clause a person merely processing agricultural produce shall, not be deemed to be engaged in the production or growth of agricultural produce and an agriculturist shall not cease to be so only because he processes or causes to be processed his own agricultural produce. (c) "bye-laws" means bye-laws made under section 56 ; (d) "commission agent" means a person, who, by himself or through his servant, buys and sells agricultural produce for any other person, keeps it in his custody and controls it during the process of its sale and purchase, and collects payment therefor from the buyer and pays it to the seller, and receives by way of remuneration, a commission or percentage upon the amount involved in each transaction ; (e) "Directior" means the Director of Agriculture of the Government of Tripura and includes any other Officer appointed by the State Government to discharge all or any of the function of the Director under this Act : (f) "local authority" means in relation to an area within the local limits of.- (i) a Municipality , that Municipality ; (ii) a notified area authority, that authority ; (iii) a Gaon Sabha, that Sabha ; (g) "market" means any market established under section 5 of this Act ; (h) "market area" means an area declared to be a market area under section 4 ; (i) "market committee" means a committee constituted for a market under section 6 and includes a sub-committee constituted under section 24 ; (j) "notification" means a notification published in the official gazette ; (k) "Official Gazette" means the Tripura Gazette ; (I) "prescribed" means prescribed by rules made under this Act : Notification of intention of regulat- ing market- ing of Agri- culural pro- duce in spe- cified area. (m) "processor" means a person who processes any agricultural produce on payment of charge ; (n) "retail sale" in relation to any agricultural produce means the sale of that produce, not exceeding such quantity as the market committee may by bye-laws, determine to be a retail sale ; (0) "Schedule" means the Schedule to this Act ; (p) "Secretary" means the Secretary of a market committee and includes an Assistant Secretary ; (q) "Surveyor" means a person who, on arrival of a consign- ment of agricultural produce for sale in any market area or market, surveys it for ascertaining the quality refraction, alternation and other like factors ; (r) "trader1' means a person who buys and sells agricultural produce as a principal or as a duly authorised agent for one or more persons or group of persons. (2) If any question arises as to whether a person is or is not an agriculturist for the purposes of this Act, the matter shall be referred to the Director who shall decide the same. 3 . (1) The State Government may, by notification in the Official Gazette and in local news-papers, preferably in regional language, declare its intention of regulating the purchase and sale of such agricultural produce and in such area as may be specified in the notification in accordance with the provisions of this Act. (2) The notification shall state that any objections 01. suggestions which may be received by the State Government within a period, not being less than sixty days, to be specified in the notification, shall be considered by the State Government. 4. (1) On the expiry of the period specified in the notification issued ~~l~~~~i~~ under Section 3 and after considering the objections and suggestions as may of regulation be received before such expiry, the State Government may by notification, of marketing declare the area specified in that notification or portion thereof, to be a specified agricultural market area for the purposes of this Act in respect of all or any agricultural in produce specified in that notification. market area. (2) The State ~~"ernment may in the manner specified in section 3, at any time- (a) exclude from a market area, any area comprised therein ; or (b) include in the market area, any new area as may be specified in such notification. (3) On a declaration being made under sub-section (I), no local authority shall, notwithstanding anything contained in any other law for the time being in force establish or authorise or allow to be established, or continue or authorise the continuation of any place in the market area for the marketing or agricultural produce specified in the declaration or levy any fees on such agricultural produce sold in the market area. CHAPTER I1 ESTABLISHMENT OF MARKETS AND CONSTITUTION OF MARKET COMMITTEE 5. (1) For every market area, there shall be established a principal Establishment market, and there may also be established one or more subsidiary markets, for markets. the marketing of agricultural produce. (2) The Director shall, as soon as possible after the declaration is made under sub-section (I) of section 4, by notification establish any place (including any structure enclosure, open place or locality) in any market area to be the principal market for the marketing of the agricultural produce specified in such notification and may, in the same manner establish in any other like places in the area subsidiary markets for the marketing of such agricultural produce. Constiution 6. (1) There shall be constituted by the State Government, for every market of market area, a Market Committee : and different Market Committees may be constituted for regulating the marketing of different kinds of agriculture produce marketed in the same market area or in any part thereof. (2) The provisions of the Tripura Markets Act, 1979 shall not apply to a market in relation to the specified agricultural produce only. (3) Every Market Committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act. Composition 7. (1) Subject to the provision of sub-section (2), every Market of market Committee shall consist of the following 12 members namely :- Committees. (a) Six members to be elected by the agriculturists residing in the market area and holding agricultural land as ryot or under ryot in the State of Tripura ; (b) One member each to represent : (i) the traders holding licences to operate as such in the market area ; and (ii) the Co-operative Societies operating in that market area ; elected by the traders, or as the case may be, the societies, in the manner as may be prescribed : Provided that where there is no Co-operative Society in the market area both the members shall be elected by the traders only. (c) Two members to be elected by the members of the local authority within the local limits of whose jurisdiction the principal market in relation to that Market Committee is situated. (d) One member each to represent the departments of the State Government dealing with Agriculture and Animal Husbandry, to be appointed by the State Government. (2) When a Market Committee is constituted for the first time, all the members thereof, including the President, shall be nominated by the State Government. (3) Subject to the provision of sub-section (2) every Market.Cornrnittee shall elect one of its elected members to be its President. 8. Every Market Committee shall be a body corporate by such name as the ~~~~~~~~~~i~~ State Government may, by notification specify, and shall have perpetual of market succession and a common seal and may, in its corporate name, sue and be Committees. sued and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold and dispose of property, both movable and immovable, and to do all other things necessary for the purposes for which it is constituted. 9. (1) Except as otherwise provided in this Act and subject to the Election and provision of sub-section (2) of section 7, the members of a Market Committee temofoffices shall be elected by the individual, authorities or bodies referred to in of members. sub-section (1) of section 7. (2) The manner of election, preparation and maintenance of the list of voters, qualifications of members, disqualifications for being chosen as, and for being, a member, the right of vote, the payment of deposit and its forfeiture, determination of election disputes, publication of the names of members elected, and all matters ancillary thereto shall be such as may be prescribed. (3) If, for any reason, any body of persons, local authority or Co-operative Society or managing Committee thereof, fails to elect members of any Market Committee, the Director shall give notice in writing requiring such body of persons, local authority or Co-operative Society or managing Committee thereof, to elect members within one month from the date of service of such notice ; and on the failure of such body, authority, society or Committee to elect members within the specified period, the Director shall nominate the required number of persons who are qualified to be elected under this Act to represent such body or persons, local authority or Co-operative Society or managing Committee thereof. (4) Except as otherwise provided under this Act, a member of a Market Committee (not being a committee constituted for the first time) shall hold office for a period of three years and a member of a Market Committee constituted for the first time shall hold office for a period of one year : Provided that the State Government may, by notification, extend the term of office of members of any Market Committee for a period not exceeding one year. Provided further that, a person, who is a member by virtue of being a member of a Co-operative Society or a local authority shall cease to hold office on his ceasing to be such member, and in the case of a person who is a licencee shall cease to hold office on his ceasing to be the holder of the licence. (5) The names of the members of a Market Committee who have been elected or nominated. shall be published in the Official Gazette. (6) Upon the publication of the names of all the members of a Market Committee after election or nomination, as the case may be, or upon the publication of the names of at least nine members of such committee in the Official Gazette, the Market Committee shall be deemed to be duly constituted. Creation 10. The Superintendence, Direction and control of the preparation of the list of election of voters for, and conduct of, all election to Market Committee shall be vested fund. in the Director and, for the purpose of preparing the list of voters and conduct of elections, every Market Committee shall constitute an election-fund consisting of an amount as may be determined by the Director and shall deposit with the Director such amount and before such date as may be directed by him for meeting the expenses for preparing or revising the list of voters of conducting the election. Commence- 11. (1) The term of office of the members of a Market Committee shall mentoftern be deemed to commence on the date of the first meeting of the Market Of office Of Committee at which business is transacted. members. (2) The first meeting of the Market Committee, to be called by the President, shall be held on such date as may be fixed by the Director or any officer authorised by him in that behalf, being a date not later than thirty days from the date on which the committee is deemed, under sub-section (6) of Section 9 to be duly constituted. (3) Where the first meeting can not, for any reason, be held within the said period of thirty days, the Director shall report the fact to the State Government stating the reasons for the failure to hold the meeting, and shall act according to the direction of the State Government issued in that behalf. (4) The term of office of the out-going members shall be deemed to extend to and expire with, the date immediately preceding the date of such first meeting. 12. (1) A member of a Market Committee may resign his office in Resignation writing addressed to the President and the President may resign his office of of members Member in writing addressed to the Director and the resignation shall take and nOmina- tion in certain effect from the date on which it is accepted by the President, or as the case may be, the Director. (2) If at any time it appears to the State Government that any Market Committee, by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, it may, by notification, nominate persons to fill the vacancies of the members who have resigned : and the persons so nominated shall hold office for the remainder of the term of the members in whose place they are nominated or until the vacancies are duly filled by election or nomination as the case may be. 13. The State Government may, on the recommendation of the Market Removal Committee supported by not less than eight members of that Committee present members and voting at a meeting, remove any member if he has been guilty of or of any of Market Committee. disgraceful conduct, or has become incapable of performing his duties as a member or is adjudged an insolvent: Provided that no such member shall be removed from his office unless he has been given a reasonable opportunity of being heard by the State Government. 14. Subject to the provisions of Sub-section (3) of Section 9 and Sub- Casual Section (2) of Section 12, in the event of vacancies occurring on account of V~cancies. death, resignation or removable of a member, whether elected or nominated, before the expiry of his term of office, or otherwise, the President of the Market Committee shall forthwith communicate the occurrence of such vacancy to the Director and the vacancy shall be filled as soon as convenient, may be, by election, or, as the case may be, nomination, of a person, who shall hold office for the remainder of the term of office of the member in whose place he is elected or nominated : Provided that, if the vacancy occurs at any time within three months immediately preceding the date on which the term of office of the member is due to expire, the vacancy shall not, unless the State Government otherwise directs, be filled. Terms of 15. The President shall unless removed earlier, hold office for such period as may officeofthe be prescribed and shall, notwithstanding the expiry of his term of President. office, continue to hold office until his successor enters upon his Office. Procedure 16. (1) The President shall be elected in the first meeting of the Market of election Committee. of President. (2) Such meeting shall be presided over by the Director or any person authorised by him in this behalf. (3) The Director or such person shall, when presiding over the meeting, have the same powers as the President has while presiding over a meeting of the Market Committee, but shall not have the right to vote. (4) If, in the election of the President, there is an equality of votes, the result of the election shall be decided by lots to be drawn in the presence of the person presiding over the meeting and in such manner as he may determine. (5) In the event of a dispute arising as to the validity of the election of the President, the Director, if he is the presiding officer, shall decide the dispute himself, and , in any other case, the person presiding shall refer the dispute to the Director for decision and the decision of the Director, subject to an appeal to the State Government, shall be final, and no suit or other proceeding shall lie in any court in respect of any such decision. Resignation 17. The President of the Market Committee may resign his office in writing of Pmident. addressed to the Director ; and the resignation shall take effect from the date on which it is accepted by the Director. Consequents 18. Subject to the rules made by the State Government in this behalf, a President of absence of the Market Committee who absents himself from three consecutive meeting of the Presi- dent with- of the Market Committee without leave of the Director shall cease, on and out leave. from the date on which the third such meeting is held, to be the President. Vacanies in 19, (I) In the event of a vacancy in the office of the President by reason of death, resignation or otherwise, the vacancy shall be filled as soon as President. possible,- (a) by nomination, in the case of a Market Committee constituted for the first time ; and (b) in any other case, in the manner provided in sub-section (3) of section 7. (2) Every President nominated or elected as the case may be, under this section, to fill a causal vacancy, shall hold office for such period as the President in whose place he is nominated or, as the case may be, elected, would have held such office if the vacancy had not occurred. 20. (1) On the nomination or election of the President, the out-going Refusal to President shall forthwith handover charge of his office to the successor- handover in-office. charge to new Presi- dent. (2) If the out-going President fails or refuses to hand over charges of his office as required under Sub-section (I), the Director or any person authorised by the Director in this behalf may, by order in writing, direct such president to forthwith handover charge of his office to the successor-in-office together with all records, fund and property of the Market Committee, if any, in his possession as such President. (3) If the out-going President to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any other person authorised by him in this behalf may apply to the Executive Magistrate, within the local limits of whose jurisdiction the Market Committee is functioning, for seizing and taking possession of the records, funds and property of the Market Committee in the possession of such President and handing over possession thereof to the successor-in-office. (4) On receipt of an application.under sub-section ( 3) the Executive Magistrate may authorise any police officer, not below the rank of a Sub- lnspector to enter and search any place where the records , fund and property are kept or are likely to be kept and to seize them and to hand-over possession thereof to the person specified in such application. (5) The provisions of the Code of Criminal Procedure 1973 shall apply to every search and seizure made under this Act. 21. The quorum for a meeting of the Market Committee and the procedure Meeting etc. to be followed thereat shall be regulated in accordance with the bye-laws of Market made for the purpose by the Market Committee. Committee. Members 22. A Market Committee shall have power to act notwithstanding any to act dur- vacancy in the membership, or any defect in the constitution, thereof ; and the ing vaca- proceedings of a Market Committee shall be valid notwithstanding that some ncy; acts of Market P erson, who was not entitled to be a member, had sat voted or otherwise taken Corn mit- part in the proceedings of any such Committee. tee, etc. not to be in- validated CHAPTER I11 by infor- MARKET COMMITTEES - POWERS AND DUTIES matities. Powers 23. (1) Subject to the provision of this Act, it shall be the duty of a Market and duties Committee- of Market Committes. (i) to implement the provisions of this Act and of the rules and bye-laws made thereunder for the market area ; (ii) to provide such facilities for marketing or agricultural produce therein as the State Government may, from time to time direct ; (iii) to do such other acts as may be required in relation to the Superintendence, direction and control of markets, or for regu- lating marketing of agricultural produce in any place, in the market area and for purposes connected with the matters aforesaid, and for that purpose, may exercise such power and perform such duties and discharge such functions as may be provided by or under this Act. (2) Without prejudice to the generality of the foregoing provisions, a Market Committee may - (a) grant, renew, refuse, suspend or cancel licences ; (b) provide for setting disputes arising out of any kind of trans- actions connected with the marketing of agricultural produces and all matters ancillary thereto ; (c) prosecute persons for violating the provisions of this Act and all the rules and bye-laws made thereunder ; (d) maintain and manage the market, including the regulations of conditions for use of the market ; (e) regulate the marketing of agricultural produce in the market area or the market, and the weighment or delivery of or, payment for, such agricultural produce ; (f) arrange for collection- (i) of such agricultural produce in the market area in which all trades therein are to be carried on exclusively by the Government by or under any law for the time being in force for that purpose, or (ii) of such other agricultural produce in the market area, as the State Government may, from time to time, notify in the Official Gazette (hereinafter referred to as the notified produce) ; (g) acquire, hold and dispose of any movable or immovable property (including any equipment necessary for the purpose of efficiently carrying out its duties) ; (h) collect or maintain, disseminate and supply information in respect of production, sale, storage. processing, prices and movement of agricultural produce (including information relating to crops-statistics and marketing intelligence as may be required by the Director or the State Government ; (i) take all possible steps to prevent adulteration and to promote grading and standardisation of such agricultural produces as may be prescribed : (i) enforce the provisions of this Act and of the rules and bye-laws made, and conditions of the licences granted, under this Act ; (k) perform such other duties as may be prescribed. 24. A market Committee may constitute one or more Sub-committees Constitution consisting of one or more of its members and, subject to such restrictions and of Sub- conditions as may be prescribed, delegated to such Sub-committees such of committee^ its powers or duties as it may think fit. delegation of powers. Power of the market Committee to open Collection centre for marketing of specified produce; provision for Receipt & payment by purchaser. 25. (1) A market Committee duly authorised by the State Government for the purpose may, by an order published for the information of the Public in such manner as it deems fit, open collection centres for collecting thereat the produce specified in such order (herein-after referred to as the specified produce). (2) Where any person wishes to sell any specified produce in a market area, he shall tender all such produce only at the collection centre established for the purpose under sub-section (1) : (3) The Market Committee shall, on the sales of such produce, get it weighed, measured or, as the case may be counted, forthwith and arrange for issuing a receipt therefor to the person who has tendered the produce at the collection centre for sale or, as the case may be, to the commission agent or agency and shall also arrange to give a copy of the receipt to the purchaser ; Provided that the Market Committee may authorise any corporate body registered under the Tripura Co-operative societies Act, 1974 and operating in the collection centre in specified produce for the purpose of discharging the functions of the Market Committee under this sub-section on such terms and conditions, not being inconsistent with the provisions of this Act or the rules or the bye-laws made thereunder. as may be agreed upon. (4) Such receipt shall contain the following particulars, that is to say,-- (i) the name of the collection centre ; (ii) the name of the tenderer ; (iii) the name of the purchaser ; (iv) the name of the agent, if any; (v) the name of the specified produce, the weight, measure or number thereof and the fees paid for the weighing, measur- ing or counting such produce ; (vi) grade of specified produce, if any, and the rate ; (vii) the amount to be paid to the Market cornrni ttee by the purchaser ; (viii) the amount to be paid by the tenderer to the commission agent by way of his commission, if any, and such other market charges, as are duly authorised by the Market Committee ; (ix) the amount to be actually paid to the tenderer after deducting the amount. if any, falling under clause (vii) or clause (viii) ; (x) the total amount to be paid by the purchaser in respect of the specified produce purchased by him. (5) The dues payable to a Market Committee under clause (vii) of Sub-section (4) shall consist of fees to be levied and collected from a purchaser by or under this Act. (6) The purchaser shall, on receiving a copy of the receipt, pay forthwith the total amount to be paid by him as recorded in the receipt, to- (a) the Market Committee, an amount equal to the total of the amount referred to in clause (vii) and clause (viii) of Sub-section (4). (b) the tenderer an amount equal to the amount referred to in clause (ix) of Sub-section (4). (7) The Market Committee, on receipt of money shall arrange to pay from the amount received by it, to the commission agent, if any, [he amount recorded against such agent in the receipt and credit the balance due to it to the market fund. 26. It shall be competent for a Market Committee to levy and collect such Power of fees (hereinafter referred to as the market fees), not being in the excess of, or Market less than, an amount determined by the State Government by notification, Committee from every purchaser of agricultural produce sold in a market area in such to levy fees. manner and at such rate as may be prescribed: Provided that when any agricultural produce brought into any market area for the purpose of processing only, or for export, is not processed or exported there from 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 and selling, and shall be subject to the levy of fees under this section, as if it had been brought and sold therein : 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. Power to 27. (1) A Market Committee may, with the previous sanction of the State b0r1-0~ & Government, raise money required for carrying out the purposes for which it land. is established on the security of any property vested in it and of any fees leviable by it under this Act. (2) A Market Committee may, for the purposes of meeting the expenditure on lands, building and equipment, required for establishing the market, obtain loan from the State Government on such term and condition as that Government may determine. (3) A Market Committee may with the previous approval of the State Government, obtain loans from other Market Committees or any financial Institution or give loans to other Market Committee on such conditions, and subject to such rules. as may be made. Execution of 28. (1) Every contract entered into by a Market Committee shall be in contracts. writing and shall be executed on behalf of the Committee by the President and the Secretary of the Committee. (2) No contract, other than a contract executed as provided in sub- section (I), shall be binding on the Market Committee. CHAPTER IV OFFICERS AND SERVANTS OF MARKET COMMITTEE : Power of 29. (1) Every Market Committee shall, have as it is Secretary a person - - Market appointed by the State Government from amongst the nominated members of the Committee. to employ staff. (2) A Market Committee may, with the previous approval of the State Government, employ such number of other officers and servants as may be necessary for the management of the market and the salary and conditions of service of such officers and servants shall be such as may be determined by the Committee by bye-laws made in the behalf. (3) The Government may, on the request of a Market Committee and on such conditions as may be prescribed, depute a servant of the Government to the service of the Market Committee for the purpose of assisting that committee to manage its affairs. CHAPTER V MARKETING OF AGRICULTURAL PRODUCES 30. (1) Subject to the provisions of this section and of the r~lles providing for regulating the marketing of agricultural produce in any place in the of~arketing Market Area, no person shall on and after the dale on which an area is ofagricultural declared under sub-section (I), of Section 4, to be a Market Area, without, produce. 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) in any other case, by the Market Committee- (i) use any place in the Market Area for the marketing of the agricultural produce specified in the said declaration ; or (ii) operate in the Market Area or in any market therein as a trader, commission agent, processor, weighman, measurer, surveyor, ware-houseman, or in any other capacity in relation to the marketing of such agricultural produce. (2) Nothing in sub-section (I), shall apply to the retail sale by an agriculturist of his own produce, or to sell by a person, not being a trader or agriculturist, where such person himself sells to another who buys for his personal consumption or the consumption of any member of his family. 3 1. (1) Subject to the rules made in this behalf, a Market Committee may, Grant of after making such inquiries as it deems fit, grant or renew a licence for the use 1. ~cences. of any place in the Market Area for the marketing of agricultural produce or for operating therein as trader, commission-agent, surveyor processor, weighman, measurer, ware-houseman or i.n any other capacity in relation to marketing of agri- cultural produce or may after recording its reason in writing therefor, refuse to grant or renew any such licence ; Provided that the Director may, where a Market Committee has not been constituted or has not started functioning, subject to any rules that may be made in this behalf, grant a licence for the marketing of agricultural produce or for operating in any Market area as a trader, commission-agent, processor, weighman, measurer, surveyor, warehouseman or in any other capacity. (2) A licence granted under sub-section (I),- (a) shall be in such form, valid for such period, and subject to such terms, conditions, restrictions and limitations as may be prescribed and such restrictions may include a provision prohihting commission agents from acting in any transaction (except between a trader and trader) in respect of such agricultural produce as may be prescribed ; and (b) may also specify,- (i) the manner in which and the place at which auction of agricultural produce shall be conducted and bids at such auction shall be accepted; (ii) places at which weighment and delivery of agricultural produce shall be made in any market or market area and on payment of such fees as may be prescribed. Power to 32. (1) Subject to the provision of sub-section (3), a ~arket'committee cancel and may, for reasons to be recorded in writing, suspend or cancel a licence granted or renewed under this chapter,- of licence. (a) if the licence had been obtained through wilful mis- representation, or fraud ; (b) if the holder of the licence or any servant or any one acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence ; or (c) if the holder of the licence in combination with other holders of licences commits any act or abstains from cany- ing out his normal business in the market with intention of wilfully obstructing, suspending, or stopping the market- ing of agricultural produce in the market area ; or (d) if the holder of the licence has been adjudged an insolvent and has not obtained his discharge ; or (e) if the holder of the licence is convicted of any offence under this Act. (2) Not\~.ithstanding anything contained in sub-section (1) but sub- ject to the provisions of sub-section (3), the Director may, when the market committee has not been constituted or has not started functioning, for reasons to be recorded in writing, by order, suspend or cancel any licence granted or renewed under this chapter. (3) No licence shall be suspended or cancelled under this section unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action. 33. (1) Any person aggrieved by an order of the Director or the Market ~~~~~l. Committee refusing to grant or renew a licence or cancelling or suspending any licence, may appeal to the State Government within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed. (2) The State Government shall, on such appeal, make such order as it may deem just and proper : Provided that, before dismissing an appeal, the State Government shall give the appellant a reasonable opportunity of being heard, and record in-writing the reasons for, such dismissal. 34. (1) For the purpose of settling dispute between buyers and sellers provision of agricultural produce or their agents including any dispute regarding quality for settle- or weight or payment, or any other matter in relation to the regulation of ment of marketing of agricultural produce in the market area, the Market Committee disputes. constituted for that Market area may appoint arbitrators or constitute from amongst its members a Sub-committee. (2) The method of appointment of arbitrators, the constitution and function of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes shall be such as may be prescribed. Any partly, aggrieved by the decision of the arbitrator or the sub- committee, may prefer an appeal from such decision to the State Government in such manner and within such time as may be prescribed. CHAPTER VI MARKET FUND ~a r k e t 35. ( 1) All fees and other moneys received by a Market Committee under fund its this Act (except the amount of such fees credited to the election fund under section (lo), all sums realised by way of penalty (otherwise than by way of and in- vestment. fine in any criminal case), all loans raised by the Committee, and all grants, loans, or contributions made by the State Government to the Committee shall form part of a fund to be called the Market Fund. (2) The amount to the credit of a Market Fund shall be kept or invested in such manner as may be prescribed. Purposes 36. The amount standing to the credit of the Market Fund may be expended for which for all or any of the following purposes, namely :- Market fund may be expen- (a) the acquisition of site or sites for the market ; ded. (b) maintenance, development and improvement of market ; (c) construction of,.and repairs to, buildings necessary for the purpose of such market and for the health, convenience and safety of persons using it ; (d) the provision and maintenance of standard weight and measures ; (e) pay, pension and leave, allowances, gratuities, compensations for injuries or death resulting from accidents, compassionate allowances and contributions towards leave, pensions or provident fund of the officers and servants, employed by the Market Committee ; (f) the payment of interest on loan, if any, raised by the Market Committee and the provision of sinking fund in respect of such loan ; (g) the collection and dissemination of information regarding matters relating to crops statistics and marketing in respect of agricultural produce specified in the notification under sub-section ( I ) of section 4 ; (h) propaganda in favour of agricultural improvement and orderly marketing ; (i) payment of travelling and other allowances to the members of the Market Committee and of its sub-committees, if any, constituted under section 34 ; ) expenses of any tribunal constituted under sub-section (4) of section 52; (k) any other function of the Market Committee specified in this Act or in the rules made therein ; (1) for any other purpose, with the previous approval of the State Government. 37. The manner in which any payment from the Market Fund shall be made, Manner of its account shall be kept and audited or reaudited (including powers to be auditing exercised by the auditor in this behalf), its annual, revised or supplementary accounts, preparing budget estimates of income and expenditure shall be made (including budget, provision for modifying, annulling or rescinding such budgets) and its annual administrative report shall be prepared, shall be such as may be prescribed, report etc. CHAPTER VII TRADE ALLOWANCES PROHIBITED 38. No person shall make, or cause to be made on his behalf or on behalf of Making or any other person, or recover, or cause to be recovered on his behalf or on recovery behalf of any other person, and trade allowances in any market or market area of trade in relation to any transaction made or proposed to be made the market area in all~wafices respect of any agricultural produce. prohibited Explanation :-For the purposes of this section "trade allowance" means anything realised in cash or kind by the purchaser from the seller in any transaction relating to agricultural produce either by deduction from the price agreed upon or otherwise. CHAPTER VIII CONTROL BY THE STATE GOVERNMENT Instruction, 39. The Director, or any officer authorised by him by general or by special enquiry, order in this behalf, may- submission of statement, etc. (a) inspect or cause to be inspected the accounts and offices of a Market Committee ; (b) hold inquiry into the affairs of a Market Committee ; (c) call for any return, statement, accounts or report which it or be may think fit to require such committee to furnish ; (d) require a Market Committee to take into account- (i) any objection which appears to it or him to exist to the doing of any thing which is about to be done or is being done by or on behalf of such committee, or (ii) any information he is able to furnish and which appears to him to necessitate the doing of certain thing, which is not being done by such committee, and make a written reply to him within a reasonable time stating its reason for doing or not doing such thing ; (e) with prior approval of the State Government direct, pending consideration of their reply made under clause (d), that any- thing which is about to be done or is being done, should not be done and any thing which should be done but is not being done, should be done within such time as he may direct. Duty of 40. (1) When the accounts and offices of Market Committee are inspected, officers, or the affairs of such Committee are inquired into, under section 39, or the ant and proceeding of such committee are examined under section 42, all officers, members of servants, and members of such comm
Excerpt shown. Open the full act in Lexace.