/SSP; MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 26th March 1963 G.S.R. 5S2.—In exercise of the powers conferred bv swHnn 9 *f +w TT • Terri tory (Laws) Act, 1950 (30 of 1950), the C e n t r l ? G o v m e n t hereby eS?X l e i> ( B ? n T A e t r W 3 $ $ * £ % t h e ^ A g r i c u l t u r a l fflS^jj * V $ ! £ i $ S & S f f i S * * n a m e l y ^ ' " * " * *" * * * ° f » * * S U b ^ MODIFICATIONS In the said Act ;— A—General ^JSfflT* a n f x P r ? f s i P n mentioned in column 1 of the Table below occurs in the Act, then, unless that expression is by this notification, directed to be other wise modified there shall be substituted therefor the expression set opposite to it in column 2 of the said Table, and there shall also be made in any s e S c e in f S i S ^ a f ? ^ ^ - ^ ^ S U C h c o n s e t l u e n t i a I amendments as the rules of TABLE P| (2) State Government Chief Commissioner, Official Gaaette. Manipur Gazette. Director of Agriculture. t Director. B—Special
1. i n section 1, for sub-section (2), the following sub-section shall be sub stituted, namely: — "(2) It extends to the whole of the Union ter r i tory of Manipur."
2. la section 2, in sub-section (1),—
(i) after clause (e) , the following clause shall be inserted, namely: — ' (ee) "Chief Commissioner" means the Chief Commissioner of Manipur;'
(ii) .for clause (£), the following clause shall be substituted, namely: — '(f) "Director" means the Deputy Commissioner, Manipur, and includes any other officer appointed by the Chief Commissioner to discharge all or any of the functions of the Director under this Act; ' ' h i ) for clause (m) , the following clause shall be substituted, namely; — ' (m) "municipali ty" means any local area declared by or under the Assam Municipal Act, 195(5, (Assam Act 15 of 1957). as extended to the Union t e m t o r y of Manipur, to be a municipali ty and in cludes a Town Committee constituted under section 335 of tha said Act.'
3. In section 3, in sub-section ( t i , for clause (v i ) , the following clause shall be substituted, namely:— "(vi) one shall be a person el feted by the members of the municipali ty or the members ot a Gram Fanchayat of the Gram Sabha, established v.nrl-'- secti ••! 3 of the United Provinces Panehayat Raj Act, iS-f7, (U.P. Act 26 of L94fi, " ! ;•:•' snded to the Union terr i tory of Manipur, or the members of ii tUa; • Authori ty constituted under the Mani pur (Village AuthorH m Kill Areas) &.ci, 1956 (30 of 19 SGI within whose jurisdiction the principal marke t yard is si tuate^, from among the rnembeng of the tnunieipalitQi' or the members of the Gram Pan ehayat or the members of the Village Authority concerned, as the case may be."
4. In section 2i3, in sub-section (2), for the words "State Government" t h e word "Government" shall he substituted, j
5. In section 40, in sub-section (2) , for the words "State Government", thy words "Government" shall be substituted.
6. In section 41, for the words "State Government" the words "Manipur Administration" shall be substituted. ;
7. In section 43,— ''" .'$>'.!••<*!
(i) ,for the words "State Government", the word "Government" shall b e substituted;
(ii) for the words "a public demand", the words "arrears of land revenue" shall be substituted.
9. In section 44,— (!) for sub-section (1), the following sub-section shall be substituted;. namely:— "Notwithstanding anything contained in the Rajasthan Weights anc1 Measures (Enforcement) Act, 1958 (Rajasthan Act 32 of 1S58), as ^'extended to the Union terri tory of, Manipur,. when a difference arises between an Inspector or an Assistant Inspector, appointed under section 15 o f the said Act and any person interested as to. the meaning or construction of any rule* or regulation, as to the method of verifying, adjusting or stamping any weight or weighing. instrument in any marke t area, such difference may, at the request of the. person interested or by the Inspector or" the Assistant Ins pector of his- .own accord, be referred to the Superintendent, Weights and Measures, Manipur, appointed under section 15 of the said Act, and, the decis ion of the said Superintendent shall, subject to the provisions of sub-section (2), be Anal"
(ii) Sub-section (2), for the words "Director of Agriculture, Bihar," the word "Director" shall be substituted. '
9. For section 50, the following section shall be substituted, namely: — "50. The accounts of a Market Committee shall be subject to audit by an auditor, appointed by the Chief Commissioner, and the cost of such audit, including the fee of the auditor, shall be paid out of the Market Committee Fund."
10. In section 52, sub-section (4) shall be omitted.
11. In the Schedule: —
(i) against i tem "II Pulses", after entry (9), the following entry shall beinserted, namely: — "(10) Naga Dal." Hi) against item "V Fruits", after entry (13), the following ent ry shall b e inserted, namely: — "(14) Pineapple."
(iii) against item "VI Vegetables", after entry (16), the following entry shall be inserted, namely:—• "(17) Lai Patta."
(iv) against i tem "VIII Animal Husbandrv Products", after entry (14) the following entries shall be inserted, namelv: — "(15) Pig.
(18) Dog."
(v) for the item "X Grass and Fodder", the item "X Grass, Fodder and Thatching Grass" shall be. substituted. ANNEXURE THE BIHAR AGRICULTURAL PRODUCE MARKETS ACT, 19G0 AS EXTENDED TO THE UNION TERRITORY OF MANIPUR BIHAR ACT XVI OF 1960 An Act to provide for thz better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the state of Bihar and for matters connected therewith. Be it enacted by the Legislature of the State of Bihar in the Eleventh Year of the Republic of India as follows : —
CHAPTER L—Preliminary
1. Short t i t le, extent and commencement.— (1) This Act may be called the Bihar Agricultural Produce Markets Act, 1960.
(2) It extends to the whole of the Union territory of Manipur.
(3) It shall come into force at once.
2. Definitions.—(1) In this Act, unless there is anything repugnant in the sub ject Or context,—
(a) "agricultural produce" includes all produce, whether processed or nonprocessed of agriculture, horticulture, animal husbandry and forest specified in the Schedule;
(b) "agriculturist" means a person who ordinarily by himself or by his tenants or hired labour or oth.rwise, is engaged in the production or g rowth oil agricultural produce, but does not include a t rader or b roker in agricultural produce notwithstanding that such trader or broker is also engaged in the production or growth of agricultural produce;
(c) "broker" means an :vi *nt whose ordinary course of business is io nego tiate and make ettau >•• s on payment oi comraisFinn for the purchase or sale ot Bgriculn'r-i- i.-tc-'ice on behalf of his urincinal. but does not include the servanl of such princioal whether engaged in negotiating or making such contracts : <d) "bye-laws" means bye-Laws made under section 53 : (ej "commission agent" menu1', a person who on behalf of another person •and in consideration oi! ' W a t " or commission makes, or 6ifef$ to make a purchase or sale of agricultural produce or does or offers to do any thing necessary for completing and carrying out such purchase or sale :
(ee) "Chief Commissioner" means the Chief Commissioner of Manipur; (£) "Director" means the Deputy Commissioner. Cvfanipur, and includes any other officer appointed by the Chief Commissioner to discharge all or any of the functions of the Director under this Act :
(g) "licensee" means a person or association, firm or company granted a license under this Act ;
(h) '"market" means a market established under this Act for the market area and includes a market proper, a principal market yard and submarke t yard or yards, if any ;
(i) "market area" means any area declared to be a market area under sec tion 4 ;
(j) "market committee" means a committee established under section G ;
(k) "market proper" means any area within the market area including aR lands, with the buildings thereon, within sueh distance of the princi pal or sub-market ynrd, as the Chief Commissioner may, by notifica tion, declare to be i market proper under section 5;
(i) "measurer" means a person whose business It is to measure a conslgrtment of agricultural produce for s a l e ; On) "municipality" means any local area declared by or under the ASK am Municipal Act, 1958 (Assam Act to of 11157), as extended to the Union territory of Manipur, to be a municipality and includes a Town Committeo constituted under section 335 of the said Act; fn.) "prescribed" means prescribed by ru les ;
(o) "prmcipal market yard" means any enclosure, building or locality wltrjn Jie market proper declared to be a principal market yard under sec. Hon 5 ;
(p) "retail sale" means a sale of any agricultural produce not exceeding such quantity as may, by bye-law or rule, be fixed in respect of such agncultural produce ;
(q) "rules" means rules made under section 52;
(r) "schedule" means a schedule to this Act;
(s) "Secretary" means the person appointed as such under sub-section (1) of section 20 and includes an officiating or acting Secretary; (tl "sub-market yard" means any enclosure, building or locality within the market proper declared to be a sub-market yard under section 5 ;
(u) "surveyor" means a person whose business it is to survey a consignment of agricultural produce for sale in regard to quality, refraction, adulte ration and such other purposes ;
(v) "trade" means any kind of transaction of sale and purchase or any kind o± remuneration on sale and purchase of any agricultural produce ;
(w) " t rader" means a person ordinarily engaged in the business of buying and selling agricultural produce as a principal or as a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business of processing of agricultural produce ;
Explanation--The word "person" includes any firm, joint family, association or body ts individuals whether incorporated or not ; and
(x) "weighman" means a person whose business it is to wei^h a consign ment of agricultural produce for sale.
(2) If a question arises whether any person is or is not an agriculturist or a t rader nor the purposes of this Act, the decision of the Director on such question shad be final, provided that the Director shall give the^sald person a reasonable opportunity of being heard before giving his decision.
CHAPTER II.—Constitution of Markets and Market Committees
3. Notification of intention of exereismjj control over purchase end sale of tffciicultural p r o d m e ta specified area.— (1) Notwithstanding anything to the contrary contained Let any other Act for the time being in force, the Chief Commissioner may, oy notification, declare Ins intention, of regulating the purchase and sale tit such agricultural produce and m such area, as may "be specified in the notification.
(2) A notification under sub-section (1) shall state that anv objection or sugges tion which may he received by the; Chief Commissioner within a period of not less ^P-^JP «"W"hs to oe specified m the notification, stal l be considered bv th» Chief Commissioner.
4. Declaration of marks* a r ^ , — ( 1 ) Aft<:r the expirv of the period specified in the notification issued under section .1 and. after considering such objections and suggestions as may be received before such exniry and after holding surh enauiry as be may consider necessary the Chief Commissioner may by"notiB cation, declare the- aiea specified m the notification under section 3 or anv portion thereof to be a market area for the purposes of this Act. in resoect of all or anv of "the kinds of agricultural produce specified in the notification under"-section 3,
(2) On and after the date of publication of the- notification under sub-section W, or such later date as may be specified therein, no municipality or othe^- local authority, or other person, notwithstanding anything contained in anv law for the time being in tore? shall, within the market area, or within a distance thereof to oe notified m the iVtanmnr Gazette in this behalf, set up, establish, or continue or allow to oe set uo. established or continued, any Dlace for the purchase or sa^e of any agncu tural produce so notified, except in accordance with the provisions A this Act, the rules and bye-laws.
Explanation.--A municipal! t v or other local authority or any other p=rson shall not he deemed to set up. establish or allow fo be set up, established or continued a place as a place for the purchase or sale of agricultural produce within the mean ing of this section, u the seller is himself the producer of" the agricultural produce oneied ior sale a* sues place or any person employed bv such producer to trans port the same and the buyer is a person who purchases such produce for his own use or tf the agricultural produce is sold .by retail sale to a parson who purchases such produce for nis own use. {3) Subject to the provisions of section 3, the Chief Commissioner may at any time, by notification, exclude from a market area any area or any agricultural pro duce specified therein or include in any marke t area any area or agricultural pro duce included in a notification issued under sub-section (1)',
(4) Nothing in this Act shall apply to a t rader whose daily or annual turnover does not exceed such amount as may be prescribed.
5. Declaration of market yards.—(1) For each_market area the re shall be one principal market yard and there may also be one "or more sub-market yard or yards as may be necessary.
(2) The Chief Commissioner may, by notification, declare—
(i) any enclosure, building or locality in any market area to be the principal market yard and other enclosures, buildings or localities in such area to be one or more sub-market yard or yards tor the said market area ' and
(ii) any area, including all lands, with the buildings thereon, within such distance of the market yard or yards as he thinks fit, to be market proper.
6. Establishment of the Market Committee.—For everv marke t area the Chief Commissioner shall, by notification, establish a Market Committee.
7. Strength of the Market Committee.—A Market Committee shall consist of 15 members.
8. Constitution of the First Market Committee.—(1) All the members of the first Market Committee shall be appointed by the Chief Commissioner from among persons representing the same interest and in the same proportion as specified in section 9.
(2) The Chief Commissioner shall appoint one from among the members appoin ted under sub-section (1) to be the Chairman and another member to be the Vice- Chairman of the first Market Committee.
(3) The term of office of the members, including the Chairman and the Vice- Chairman, of the first Market Committee shall, save as otherwise provided in the Act, be one year from the date of the publication of their names in the Manipur Gazette under section 13, and shall include any further period which may elapse between the expiration of the said one year and the date of the first meeting of the second Market Committee at which a q.uorum is present.
9. Constitution of the second and subsequent Market Committees.—(1) Of the members of the second and every subsequent Market Committee—
(i) seven shall be persons elected by the" agriculturists of the area for which it is established from amongst themselves in the manner prescribed;
(ii) three shall be persons elected by the traders, other than co-operative societies, holding valid licenses under this Act, from amongst them selves, in the manner prescribed ;
(iii) two shall be persons elected by the co-operative societies holding a license under this Act from amongst their members in the manner prescribed ;
(iv) one shall be a person appointed by the "Co-operative bank of the market area provided that if there are more Co-operative batiks than one in the said area the .ippointmsnt shall be made by the said Co-operative banks in such order of rotation as may be specified in this behalf by the Chief Commissioner;
(v) one shall be a person appointed by the Chief Commissioner ;
(vi) one shall be a person elected by the members of the municipality or the members of a Gram Prmchayat of Lhe Gram Sabha, established under section ;] of the United Provinces Pan eh ay at Raj Act, 1947 fU.P. Act 26 of 1947), as extended to (be Union territory of Maniour, or the mem bers of the Village Authority constituted under the Maninur (Village Authorities in Hill Areas) Act. ISafi (80 of 1056) within "whose juris diction the principal market yard is situated, from among the mem bers of the municipality or the members of the Gram Panchayat or the members of the Village Authority concerned, as the case may be.
(2) A member elected under clauses (i) , (ii), (iii) and (vi) of sub-section (1) shall cease to hold office as such member if he ceases to be a member of the electorate by which or one of the persons by whom, he was elected, and in the 6 ftelLS/SeSr/a'llS Si.£fe?-^ " M a r k l 3 t Committee shall be.questioned on the Market Committee e 5 - l s , e " c e o t « »•**> « detect in the constitution oi meeting of the uexi ^ c l e S ^ ^ - ^ ^ l ^ i ^ / ^ 8 ^ t h e d a t e o f t h e r^st .. m w«s next succeeding ikaivKet Committee at which a quorum is present.
10. Disfiuaiincr.tions of members No nu™n l̂i-m >,=. « K ^ . I * , « appumtmsnt as a member of the Market Committee- g l e ^ elGCtl°a °T
(a) who is less than .18 years of age •
(b) who is of unsound mind; W who la an employee of the Market Committee ; W Whinsul3vSelfL P;PJied * * ^ 8 ***** * * 5 w * W is an undischarged
(e) who has been convicted for an offence,— ( 1 ) " t l f ! ^ ; 5 ^ 1 " 1 %&$** (Temporary Powers). Act, 1946 (XXIV of 194$ or l.he Essential Commodities Act, 1955 (X of 195.5), or f U ) ^ 2 S £ ? ™°£ai lurpitucLe * * * * • i« the opinion of the Chief Commis- - i • •• < f ) Whbvhor a ^ l ^ n l ^ ^ ^ J h z T & 0I i r l t e r e s t i n a n ^ contract wtfh, ay or on benak oi the. Market Committee. death SSFJL^SS!1 V^a n= i e 3--If any member is unable, by reason of his fo cau'el S ° b e r i Z r i V t a T W ^ t o ™mpletehis term of oSce, the vacancy S o t h S ^ e S i a n d i f „ % . ? e Section or appointment, a s the case may be, of S u * ^ ^ m i s u c h vacancy'for is elected o r d a ? S e d ° f w ^ «f IL 5 £ 2 ? * 2 °";1 faiAlire o f electorate,to elect members—If at anv election anv writWto the Kecteate S S S J h , ? S u S f t S Com™3310ner shall give notice in the m P m 7 i 7 ! f > M e d t 0 e l e c t 0T SPPoirrli .a- member or members as section a n i i Z Vi --..,, , n , / ? . n , 0 | e v e r v ms'nber appointed or elected ondor Gazette * " b e •" ,b l , she ' i °y tl>e Chief Commissioner in the fianipor l « i i i c ; 3 S ° ^ . ' c h f e ? r o ^ 5 2 ? l r ? * a M J 1 " " * * * * " ! * • * • »» Market Coin.
Provided that no resolution recommending the removal of any such person shall be passed by the Market Committee unless the person to whom it relates has been given a reasonable opportunity of showing cause why such recommenda tion should not be made.
(2) The decision of the Chief Commissioner under sub-section (1) shall be final.
15. Sale of agricultural produce.—All agricultural produce specified in the notification under sub-section (1) of section 4 brought into or produced or processed in the market proper, except such quantity for retail sale or consumption as may in this behalf be prescribed, shall pass through the principal market yard or submarket yard or yards, as the case may be, and shall not, be sold at any other place •within the market proper and the sale and purchase oi such agricultural produce in such yards shall notwithstanding anything contained in any law, be made by •means of opan auction except in class or description of cases which may be exempt ed by the Chief Commissioner. ' Exvlanation.—For the purposes of this section the seller shall be entitled, at his option to accept or reject any bid mads at the open auction.
1 . . • ; : : . • • . . fo'l 16 • Prohibition• of trade allowance except as prescribed.—No person:.shall make •or recover : any t rade allowance, other than an allowance prescribed by the rules or bare-laws in any market area in any transaction in respect-of the agricultural produce concerned, and no court, shall, in any suit or proceeding arising out of .any such transaction, have regard to or recognise any trade allowance no . so prescribed.
Explanation.—Every deduction other than a deduction on account of deviation from sample when the nurchase is made by sample' or on account of deviation •from standard when the purchase is made by reference to a known standard or on account of difference between the actual and the standard weight of the container or on account of the admixture of foreign matter, shall be regarded as t r ade -allowance for the purpose of this section.
CHAPTER III.—Incorporation of Market Committer: Its Objects, Powers and Duties 17 Incorporation of Market Committee.—Every Market Committee shall be a-; bodv corporate bv such name as the Chief Commissioner may specify by notification -in the Manipur Gazette. and shall have perpetual succession and a common seal, . with power to acquire and hold property, both movable and immovable, and to lease sell or otherwise transfer any such property, subject to the prescribed conditions and restrictions, and may by the said name sue and be sued, and subject to rules, bye-laws and the provisions of this Act, it shall be competent to do all other things necessary for the purposes for which it is established. 13 Objects and duties of the Market Committee.—Subject to the other provisions M this Act, the following shall be the objects and duties of the Market Committee:—
(i) when so required by the Chief Commissioner, to establish a market for the market area providing for such facilities as the Chief Commissioner may, from time to time, direct in connection with the purchase and sale of the agricultural produce concerned;
(ii) where a market is established under sub-elatlse ( 0 , to issue licenses in accordance with the rules to traders, commission agents; brokers, W'Mghmon, measures, surveyors, warehousemen and other persons including persons or firms engaged in the processing or pressing of agricultural produce concerned operating in (ha market ; {iv't to maintain and manage the principal market ya rd and sub-market yards and to control, rei< u 1 at > an* I ritis the ma tkH in f lie interests 0E the fi'iricjilturists und Licensees in vecordanea frith the provisions of this Act. and the rules and "•• D Laws mails thereunder: n'v) to act in the 'prasftrffcisel manner as mediator, arbitrator ox svtxveyot in a!t matters of difference, disputes, claims, e t c , between licensees ivtcr-se or between them and persons making use of the market as sellers of agricultural produce" (vl to control and rejrulriiv- 'h« .-,.!"•' ;on or persons f ;1 l*M8 or!IT tr>al market yard or sub-market yard. tt> detiermlri-8 the conditions for the use OLT S ^ h T m a r k e T * p r 0 S e C u t e p e r s o n s t r a d i n ^ **%SS * valid licenjr
(vi) ^ | * J f t » « f « ^ . « 5 B ^ aid in bringing, prosecuting or defend S a ^ y m « * a T i . Proceeding, application or arbitration in reeard ŷ The ^ < £ £ ^ t O T g & f °therWiSe S A 8 B 3
(vii) to enforce the provisions of this Act, the rules and bye-laws; and (viiij to perform such other duties and exercise such other powers as »»» SHES" C°nferred UP°n * by °r Under this Aet< CSWfc ?2
19. Appointment of sub-committee or Joint committee— fll l»fi*. ******* /- may d d * „ to SUch c = m m i t l « l ! ? c h V i ™ ^ ^ ^ u 0 ^ ^ i ^ m | g 1 ? k « ^ ' committee" M a i k e t C ° m m I t t e e *nt revise any decision of a subcommittee or joint ( l j ' L f r T l J S r k e f r ^ ^ " 1 ^ 0 ? , 0 ; ? 5 0 6 ' 5 a n d s e r v a ' " s <* * « Market Commi t t ee - 5&?13K f / r s r s o s a s s u r e s&s^s?„-ss of S Si."fn=omeCOaTmae; CttSM«ff^«gSSW»* f «-» I S « & - » * • * • « * - v ^ m e n ' t t o S o fflSSm?^ a X g f »*.J^t? Subject to the provisions of sub-sections CIV (2\ anri rev **.* *u and bye-laws, the Market Committee may employ a so such S S h S ^ f f S L U ^ J ? t o > and servants and pay such officer «£ r ^ ™ 1 , •? number of other officers Commissioner may sanction. servants such salaries, as the Cnief m a y ^ t h t c a s e o f ^ n T o T f i S t a L * ? ! ? C o m r a j s s i o ^ . « • Market Committee them of such leave J & & ? j f i B £ . % 5 3 3 & J f t t ' f e S S ^ P a y m e n t t 0 ' provide for the creation and manaaempnt ni 1 o •-* d £ S P r o P e r a n d may contribution thereto on fte part o^ifs ^fficerS and S S f W f ° r c o m P e 1 1 ^ such contribution out of W 3 L £ | Q m S S ^ ^ S T ^ ^ * * s u PP l e ™ntm^ ^ f ^ S S . S f S ^ ^ S i ^ j s f o°fhthe c ffiunmee-The *•* the Market Committee shall S w S A T, J o f f l ( i e r s a n d se™ants of are conferred orlmpoled onithem hv ^ f^?i ^ ^ t a n d P e r f o r m s u c i i duties as or the rules or bye-laws. 7 U d e r t h l s A c t o r b ^ t h e Market Committee responsible for the S f t £ S S S S r f 3 l ^ J S ^ 2 S ° f t h e " ^ ^ e e , and shall becorrect submission of £ ^ S 3 i S / « S S K ^ n K a C C O"n t S ' ? r ike Punctual and ,11 moneys not deposited ^ F S S ^ S & ^ S S ^ J S i & g t f S & f eve ry^^e tS fo f 'The i B S & E S S 5 % 3 £ ^ ^ ^ " " ^ « ^ * ab s e nce P t h f^c l cLTrmS^h a ° l l £ L 3 5 " 5 * Co«™Mtee.-The Chairman or in h i , and in the a b S c T ^ S , % f ^ S S s l r e T S K f f S L ? & S P " * * C o m m « selves to preside at the meeting, present snail elect one trom among thema majority of votes of the m A g g ? P ^ t ^ J g ^ l S r S H * 6 * * « * or SstmV ! & ! * * ^ , a i * "* ^ ^ " * « * « »f t h . n ^ U n * shall have * « ^ - ~ 9
25. Quorum at meeting.—Seven members shall form the quorum for a meeting of the Market Committee. 26 Appeal against order passed by Chairman.—An officer or servant of the Market Committee appointed under sub-section (4) of section 20 considering himself aggrieved by any order of discharge, removal or dismissal passed by the Chairman may appeal to the Market Committee which may, thereupon, affirm, modify or set aside any such order or pass such other order as it trunks fit. 27 Power to levy fees.—(1) The Market Committee shall levy and collect market fees on the agricultural produce bought in the market area, at such rate S exceeding fifty naye paise per Rs. 100 worth of agricultural produce, as may be prescribed.
(2) The fee realised from the buyer under sub-section (1) shall be recoverablo by the buyer from the seller as a market charge. 28 Power to borrow.—(1) A Market Committee may, with the previous sanction of the Chief Commissioner, raise money required for carrying out t h e i V m * M * this Act on the security of any property vested m and belonging to such Committee and of any fees leviable by it under this Act.
(2) A Market Committee may, for the purpose oL meeting the * ^ ^ J * P | g ^ « on m£ buildings and equipment required for establishing a market , obtain a loan from the Government.
(3) The conditions subject to which such money or loans shall be ra i sed .or obtained and the time within which the same shall be repayable shall be subject to the previous sanction of the Chief Commissioner. 29 Market Committee Fund.—All moneys received by a Market Committee shall be paid into a fund to be called the Market Committee Fund and all «tpendi- S r e incJr rea by the Market Committee under or for the purposes of this Act shaU be defrayed out of the said fund and any surplus remaining with the Market Committee after such expenditure has been met, shall be invested in such manner as may be prescribed in this behalf. 30 Application of Market Committee fund.—Subject to the provision of section 29, the Market Committee Fund may be applied to the following purposes only, namely:—
(i)i the acquisition of a site or sites-for the market;
(ii) the maintenance and improvement of the market;
(iii) the provision and maintenance of standard weights;
(iv) the construction and repair of buildings necessary for the purpose of such market and for the health, convenience and safety of the persons using it; fvl the nay pensions, leave allowances, gratuities, compensations for injuries resulting from accidents, compassionate allowances and contributions towards leave allowances, pensions or provident fund of the oincers and servants employed by it;
(vl) the payment of interest on the loans that may be raised for the purposes of the market and the provision of a sinking fund m respect of such loans; fvii) the expense oE and incidental to elections; Cviii) the construction, repair and maintenance of the means of communica tion which are useful for the purposes of development of a market. or for the convenience and safety of the persons using it; 3x1 the phinting and rearing Q* trees, and making arrangements for provL.ting water to the persons and cattle coming to a market and luce purposes; (x> with the previous sanction of the Director or any other office* specially empowered in this behalf by the Chief Commissioner, any other purpose whereon the expenditure of the market fund Is in the public interest; 10 to> ifflf̂ grr,vhici1 thechief commissioner may noliIy.by a
3.1. Execution of confrnrfc efi w ' ' : "'•' s h a i ^ m m S f £ t a ^ S f ™ * <***%« * sub-secion (1 , Market Com'mitS: t h e < * * Commissioner may, S ' S S & ^ S B f f i S _ Provided that before kc-,,;,,- 1 t i n
33. Consequences of sunerse^inn r*\ TT • W " M ^ O S S ^ of the deemed to have vacated their offices; ° f S U c h * » « * « « * * £p (H) the Chief Commissioner shall by order—
(a) constitute a new Market rnmw;*'0„ . J of the date of the ^ l ^ f S e ^ ^ r U 0 ^ & £ ^ " ^ & S S S c S d f t 3 S e ^ g f £ ) m a k e S U C b »™ngements of the Market C o n S S f s T t S n k A f E S f ^ * °,Ut Il l e ^ n ^ i o n s direct that all the powers and d 2 w i t , ^ ?£* t h a t P^'Pose, this Act are to be exercised S ^ S S S L F ^ J 1 ? Provisions of mittee or its Chairman "hafl E f e J S S ^ J & i S M a r , k e t C o m " person or persons as in? n S » f r S ^ f l a n d Performed by such behalf; P S t l l e U n e l Commissioner may appoint in thS -»*& sum miii $# 9 ^ - - = - (Hi) all the assets vesting hi the Market Committee shall Biri*W* «. « i « l iabi l i ty . vest in the Chief Commissioner ewpnt t i , f^° J c l t 0 a I 1 l t s (21 If the. Chief Commissioner does not make sueh an B^™ » „ j „ . „i of sub-5ectt6n fl) he shall transfer all the a s 4 t of t L M n S JE&Zu^^JQ of the assets as the Chief Commissioner may detevmmT ! u u " ° " " e s ' s l u : ! l i>°r"on 11
CHAPTER V.—Miscellaneous t ion 4 ' J y ? t ^ f n 1 w m b f n M , ° ^ t ' e i ' S t , a " ( 1 r - r r v a n t s o f t h e CwwiMfce to furnish information—All member^ including the Chairman and Vice-Chairman, and all officers and servants of a Market Committee shall furnish information in their posses ion hv r£*ftnk.* ^ aR®'™ 01' V™?;??™'^ °* ft* Committee to the officer npoointed .by the Chief Commissioner m this behalf, as and when required by him. .33 Power of inspec t ion , - (1) The Director, or any officer authorised in this penal* by tine Chief Commissioner, by genera] or special ordei- phall have power to .inspect or cause to be inspected the accounts of the Market Commiltee or to institute an enquiry into the affairs of the Market Committee and to requi re the Market Comrrutt.ee or its chairman to do a thing or to desist from doin* a thine which hft considers necessary in the interest of the market or the Market Com mittee and to make a wri t ten reply to him within a reasonable time s tat ins its or ins reasons for not desisting from doing it or for not doing such a thing.
(2) The. Director or any other officer authorised under sub-section (1) shall for the.purposes of the said sub-section have the powers to summon, and enforce the attendance of witnesses and to compel the production of documents by the same means and, so far as may be. in th j same manner as provided in the case of a Civil Court under the Code of Civil Procedure, IE08 .(V of 1908).
36. Power of Director to suspend or cancel license in case of emergency.—In case of an emergency, the Director may for reasons to be recorded in wri t ing s u s pend or cancel the license of any market functionary and take such other steps as he may deem fit in the interest of the market :
Provided that before passing an order under this section the Director shall give a reasonable opportunity to the functionary concerned to be heard.
37. Power of the Chief Commissioner to make ar rangements for the performance -of the duties anil functions of the Committee anil the Chairman in certain cases.— W h e r e ' t h e Market Committee is unable or not competent due to any order or decision of a court or any other cause to perform the duties imposed by or under this Act, the Chief Commissioner shall make such arrangements as he deems fit for the performance of the duties and functions of such Market Committee and of the Chairman of the Committee,
33. Power to pass o r d e r s . - f l ) The Chief Commissioner may, at any time call for and. examine the proceedings of any Market Committ-e fnV h f ™ ^ ™ , E ? f f l f t | *£2T& ? & l h e W * * ° r WW*? o f a n y decis on ^ B E P S w i d by the Market Committee and he may a ter giving an omwhi rn t i r +*t I „ ™~ i + Committee to be heard pass such order t h e r e o f he tMnks fit ^
(2) The Chief Commissioner may, pending the examination and disposal of the s^i^am^^im iftfisethat the eMion °* *• *& s sa
39. Power to amend the Schedule—The Chief Commissioner may, by notiflcat h e n S c n e d u h J a m e n ° r C a " * ° f t h e i t e i r i f : ot a - r i c u l t u ™ * produce specified in 40 Acquisition of land for ^ie Market Committee.—f 11 If anv land is required ror the purpose of this Act the Chief Commissioner may proceed to arquire it under the provisions of the Land Acquisition Act, 100-1 (1 of 1804), or any " t W taw for the t ime being m force. -y *""*" i (2)Jhe lfv\ shM v e s t in thp Ww^wt Committee on payment bv the Market ..ommittee ot the compensation fiwarded under the L ind Acquisition Act IS'U (1 or 1804), or any other law for the time hfims in to e< and of "all other charges incurred by the Government on account of the acquisition.
41. Provisions of the Act not to :nmu- ni oertaia easps.-—The provisions or this Act shall not apply to any sale math* m liance with atj order issued undei clause ff) of stib-sectton (2) of s-etron 3 rif the Essentia] Commodities i\et 19.S* (X of 1055) or to anv purchase or sals by the Central Govern nen1 . •• th • Maninm /administration. " " P or 5
42. Power to exempt ^v^:U--] mTf&ns. aftfceles or trades from provisions at the Act.-—The Chief Commissioner may, by notification and subject to such conditions and restrictions as he mav ronsider fit to ramose, exemnt anv class of persons any commodity, t rade or class of trades from ill or any of the provisions of this Act http://Comrrutt.ee 4 12
43. Recovery of sums due to Government from Market Committee.—Every sum recoverable by the Market Committee or due from a Market Committee to the Government under this Act, shall be recoverable as arrears of land revenue.
44. Differences regarding: construction of ruies, etc., about weights—(1) Not withstanding anything contained in the Rajasthan Weights and Measures (Enforce ment; Aet, ,QoS (Rajasthan Act 32 of 1958), as extended to the Union territory of Manipur, when a difference arises between an Inspector or an Assistant Inspector appointed under section 15 of the said Act and any person interested as to the meaning or construction of any rule or regulation, as to the method of verifying adjusting or stamping any weight or weighing instrument in any market area such difference may, at the request of the person interested or by the Inspector or t h e Assistant Inspector of his own accord, be referred to the Superintendent Weights and Measures, Manipur, appointed under section 15 of the said Act and the decision of the said Superintendent shall, subject to the provisions of sub-section (2), be final.
(2) An appeal shall lie within the prescribed time from the decision under sub-section (1) to the Director or such other officer as the Chief Commissioner may appoint in this behalf and the decision of the Director or such officer, as the case may be, shall be final.
45. Employees to be public servants.—The Chairman, the Vice-Chairman, the members of the Market Committee on duty and every employee of the Market Committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of I860),
46. Bar of suits in absence of notice.—(1) No suit shall be insti tuted against any Market Committee, its Chairman, Vice-Chairman or any other member, officer or servant thereof or any person acting under the direction of any such Market Committee, Chairman, Vice-Chairman or other member, officer or servant for anything done, or purporting to be done, in good faith as such member, Chairman, Vice-Chairman, officer or servant under this Act, until the expiration of two months next after notice in writing stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, has hee^i, in the case of a Market Committee, delivered or left at its office and in the case of the Chairman, Vice-Chairman or other member, officer, servant or person as afore said, delivered to him or left at his office or usual place of abode, and the plaint shall contain a statement that such notice has been so delivered, or left.
(2) Every such suit shall be dismissed, unless it is instituted within six months from the date of the accrual of the cause of action.
(3) Nothing in this section shall bs deemed to apply to any suit instituted under section 54 of the Specific Relief Act, 1377 (I of 1877).
47. Protection to persons acting in good faith.—No suit, prosecution or other legal proceedings shall be instituted against any person for anything done or intended to be done in good faith under this Act or the rules or bye-laws.
48. Penalty.—Any person who contravenes any provision of this Act or of any rule or bye-lav/ or order issued thereunder shall be punishable with simple imprisonment which may extend to thres months or with fine which may extend to five hundred rupees, or with both:
Provided that in the ease of a continuing contravention of the provisions of section 4, he shall be liable to he punished with a further fine which may extend to one hundred rupees for every day during which the contravention is continued after the first conviction. •J
49. Trial and cognisance of offences.—-(1) No court inferior to the court of a Magistrate of the Second Class shall take cognizance of, or t ry, any offence under th is 'Act or under the rules or bye-laws made theretmder.
(2) No court shall take cognizance of any alleged contravention of the pro visions of this Act. the rules or bye-laws or of any order made thereunder except wi th the previous sanction of the authority prescribed in this behalf.
50. Audit of the accounts of (he Market Committee.—The accounts of a Market Committee shall be subject to audit by an auditor, appointed by the Chief Com missioner, -md the cost nf such audit, including the fee of the auditor, shall be paid out of the Mariest Committee jTund. 13
51. Powers of Chief Commissioner to delegate its power.—The Chief Com missioner may delegate any of its powers or functions under this Act to any clas3 I officer.
CHAPTER VI.—Rules and Bye-laws
52. Power to make rules.—(1) The Chief Commissioner may make rules not inconsistent wi th this Act, for carrying out the purposes of this Act.
(2) In par t icular and without prejudice to the generality of the foregoing power, the Chief Commissioner may make rules with respect to all or any of the following mat ters :—
(i) the election and appointment of members of a Market Committee, the number of members to be elected or apnointed bv each of the bodies or groups of individuals referred to in section 9 and the manner of their appointment and election;
(ii) the preparat ion and revision of the list of voters from time to time;
(iii) the filling of casual vacancies in the office of Chairman, Vice-Chairman or other members of the Market Committee;
(iv) the election of the Chairman and the Vice-Chairman of a Market Com mittee, their powers and duties;
(v) the meetings of the Market Committee and the procedure to be observed at such meetings;
(vi) the powers to be exercised and the duties to be performed by a Market Committee;
(vii) the management of a market and the maximum fees which may be levied by the Market Committee; and subject to the provisions of this Act, che recovery and disposal of such fees; Cviii) the issue of licenses to trader;:;, commission agents, brokers, weighmen, measurers, surveyors, warehousemen and other persons including persons or firms engaged in ih'^ processing or pressing of agricultural produce, operating in the market, the terms on which and the con ditions subject to "which such licenses shall be issued or renewed and the fees to 'be charged thev?.for;
(ix) the provision of facilities for the sett lement of any dispute between a buyer and a seller nf agricultural produce or their agents, including disputes regarding the qurilitv or weight of the article?, the allowances for wrappings, containers, dir t or imourit ies or deductions from any cause;
(x) the prohibition of brokers from acting on behalf of both the buyer and the seller of agricultural produce in any transaction;
(xi) the provision nf accommodation for storing any agricultural produce brought into the market; fxii) the rjrenaration of plans nn.l the estimates for work-.' proposed to be constructed part ly or wliolly at the Rxp&i >e of the Market Committees, and the grant o fsanc t ion in such plans ^n.cl estimates;
(xiii) the registers and books to be maintained by a Market Committee; (x 'v) th*1 form in which Eh•• •••-•-. i [arket Committee s ta l l be kept, the manne r in whleh tr •-- sb i I I audited and the time or times at which they shaft be pubrj ih' >d; ' ; :vi the preparation and ;i.i n :anctioa of the annual budget and the report and rati ns to • e furnished by a Market Commit! ••.
(xvi) the investment and disposal of Ihe surbraa funds of a Market Committee;
(xvii) the regulation of advances. any, given to agriculturists by brokers, commission agents or t raders; « 4) m agricultural 'produce in a market area; transactions tif'.any tail the prevention oil adulteration of agricultural produce- (SCtt) the grading and standardisation of agricultural produce-
(xxv) thLd z f„^ t , : s aooX°ira?„y usrduce sM be c ° " Cxxvi) ^ q u a n t i t y of agricultural produce for retail sale or consumption under
(xxvii) the conditions subset to which the Market Committee may lease sell or otherwrae transfer any property under this Act;
(xxviii) the procedure and conduct of meetings of the Market Committee-
(xxx) any other mat ter which is required to be 0 r may be prescribed ^ ^ ^ s s g ^ g y ^ ^ r i ^ ^ ^ , ^ ^ ^ m i S " b ? t t h ' k S - t a , ' G°™->™ent, in respect of the market a?ea una??Its m M a S - ss'kS^SurpcTis-oi S K S ? * with th,s Act md "» ̂ * sssu
(2) Such bye-laws shall be made after previous publication.
SCHEDULE [See Section 2 (1) (a) 1 I. Cereals II. Pulses
(1) Paddy.
(2) Rice.
(3) Wheat.
(4) Maize.
(5) Barley.
(6) Ragi or Marua.
(7) Jowar.
(3) Bajra.
(9) Sharaa.
(10) Kauni. f l l ) Cheena. f 12) Kodo.
(13) Gondii. f l l Gram.
(2) Arhar.
(3) Masur.
(4) Urd or Kalai.
(5) Khesari. 15 III. Oilseeds IV. Oils V. Frui ts VI. Vegetables VII. Fibres VITI. Animal Husbandry Products
(6) Mung.
(7) Dry Peas (Matar or Kerao). t.3J Kulthi .
(9) Cowpea seed (dry) .
(10) Naga Dal.
(1) Mustard, Eape and Toria.
(2) Linseed.
(3) Castor seed.
(4) Groundnut .
(5) Seasamum seed.
(6) Niger seed.
(7) Mahua seed. iij> Ku:;um seed. Ail vegetable oils.
(1) Mango.
(2) Banana.
(3) Lichi.
(4) Orange.
(5) Lemon.
(6) Grapes.
(7) Pomegranate .
(8) Melons.
(9) Jacki ru i t s .
(10) Blackberry.
(11) Guava,
(12) Naspati.
(13) Apple.
(14) Pineapple.
(1) Potato.
(2) Onion.
(3) Pahval .
(4) Brinjals.
(5) Gourd. (Ci) Bhindi.
(7) Pumpkin .
(8) Tomato.
(9) Cauliflower.
(10) Cabbage.
(11) Green Peas.
(12) Beans.
(13) Sag.
(14) Carrot.
(15) Radish.
(16) Sweet potato.
(17) Lai Patta.
(1) Cotton (ginned and unginned).,.
(2) Jute .
(3) SunnhemD.
(1) Poul t ry .
(2) Egg.
(3) Cattle.
(4) Sheep.
(5) G o a t ffi) Wool,
(7) But ter .
(3) Ghee.
(0) Milk. (101 Hides and Skins. ([11 Bones.
(12) Fleece. 16 DC. Condiments, Spice' and others. X. Grass, Fodder and Thatching Grass. X I Narcotics XII. Miscellaneous
(13) Goat meat and Mutton.
(14) Fish.
(15) Pig.
(16) Dog.
(1) Turmeric.
(2) Chilhes.
(3) Garlic.
(4) Coriander.
(5) Ginger.
(6) Cardamom and Pepper
(7) Eetel leaves.
(8) Betelnuts.
(9) Cashewnuts.
(10) Methi. m* V- % - » • Tobacco.
(1) Sugai-cane.
(2) GUT.
(3) Sugar.
(4) Lac.
(5) Oil-cakes. [No. F. 5/3/62-Judl. II/UTL-57.] P. N. KAUL: Dy. Secy. GMGIPND—DME-419 HA JC 6S75—23-4-63—200