& ) MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 8th November 1960 6S .R . 1320.—In exercise of the powers conferred by section 2 of the Union rerr i tor ies (Laws) Act, ISDO (30 of 1D50J, the Central Government hereby extends •to the Union terr i tory of Himachal Pradesh the Patiala Agricul tural Produce Markets Act, 2004 BK. (Act No. 14 of 2004 BK.), as at present in-force in the State oi Punjab, subject to the following modifications, namely:— MODIFICATIONS A, General
1. Whenever an expression 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, or to stand unmodified, or to be omitted, 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 sentence in which that expression occurs such conse quential amendments as the rules of grammar may require.
TABLE I State Government/ Government of the State Gazette, Official Gazette of the State State Marketing Board } Lieutenant Governor Himachal Pradesh Gazette.
Himachal Pradesh, Market ing Board.
3 . Special 2, For sub-section (2) of section 1, the following sub-sections shall be substi tuted, namely:— : "(2) It extends to the whole of the Union terr i tory of Himachal Pradesh.
(3) It shall cdrne into force on such date as the Lieutenant Governor, may hy notification in the Himachal Pradesh Gazette, appoint." ' i 3. In section 2,—
(t) for clause (a) , the following clause shall be substituted, namely:— "(a) "Agricultural produce" means harvested potato, ginger, apple, wheat, barley, rice, maize, sugarcane (gur and shakkar) , chillies and pulses or any other crop which may hereafter be declared by Lieutenant Governor by notification in the Himachal Pradesh Gazette to be agri cultural produce for the purpose of this Act".
(ii) in clause (c). for the words "Commissioner for Agriculture", the words "Director of Agriculture" shall be substituted.
(ill) after clause (c), the following clause shall be inserted, namely:— "(cc) "Lieutenant Governor" means the Lieutenant Governor n!' Himachal Pradesh;"
Civ) after clause (d), the Hollowing clause shall be inserted, namely:— "(dd) "Notification" means notification in the Himachal Pradesh Gazette;"
4. In section 3—
(i) in sub-section (1). tor the words "in the State" occurring at the end, the words "in the Union territory of Himachal Pradesh*' shall be substituted; and ii) in sub-section (7), for the words "Schedule of powers an a 1st Class", the wards '•Financial Rules of the Central Government on the" shall be substituted.
„ 5-Jn sub-section (2) of section 4, for the words ''of the State", the words "of the Government" shall be substituted.
6. For the first proviso to sub-section (1) of section B, the following proviso shall be substituted, namely.— "Provided that if any person carrying on any business of the nature |Recihe£ in subject ion (2) of section 4 m a notified ™ a r k e l a i e a fails W apply for a licence on or before such aate tu ^ J ^ f ^ f ^ h S ^ S K Marketing Board may by notification appoint m respect °f Jnat area the licensing authority may refuse to s r an t him a license until after the expiry of such period not exceeding three years as it may think at".
7. In section 8,— m In sub-section $)* &* the words "the salaried servants of the State", the words "the salaried servants of the Government" shall be substituted, (ii> In sub-section (4), for the words "the District Nazims", the words " the Deputy Commissioners" shall be substituted;
(iii) In sub-section (5), for the words "in the State", the words "in the Union territory of Himachal Pradesh" shall be substituted.
3 In clause (a) of sub-section (2) of section 20. for the words "also pay to the State" and "employed by the State" the words "also pay to the Government and "employed by the Government" respectively shall be substituted.
9. In sub-section (2) of section 24. for the word "State", the word ''Govern ment" shall be substituted.
10. In section 25,— ffi in clause (b) of sub-section (2). for the word "State", the word "Govern ment" shall be substituted;
fill in clause (a) of sub-section (3), for the words "vesting in the State", the words, "vesting in the Government" shall be substituted.
(iii) in sub-section (4), for the words "vest in the State", the words "vest in the Government" shall be substituted, 11 In clause (a) of section 25A. for the word "State", the words "Lieutenant Governor" shall be substituted.
12 In sub-section (3) of section 29, .for the words "State revenues" the words "Government revenues" shall be substituted.
13. In section 31, for the word. "Slate", the word "Government" shall be substituted.
ANNEXURE •Fkp Pathda AaricultuTdl Produce Markets Act. 2fl04 BK (Act No. XIV oi I BJO lis extended to the Union territory of Himachal Pradesh.
A,.-.- ( n ,.,-nvirlP fnr the bet ter regulation of the purchase and sale of agri- A " £ % & ^ S & %&LrS&fiBSal of markets for agricultural produce in the State, P r n i m W * - W h e r e a s it is expedient to provide for the better regulation of manner hereinafter appearing.
It is hereby enacted as follows:— 1 Short title, extent and e o m m c n c c m e n t . - d ) This Act may be called+the Patiala Agricultural Produce Markets Act, 2004.
(21 It extends to the whole of Union terr i tory of Himachal Pradesh..
(5) It shall come into force on such date as the Lieutenant Governor, may by notification in the Himachal Pradesh Gazette, appoint.
200 ( 3 or ? o n l t e x t ! - 0 n 5 , ~ I n ^ * * * ^ ^ ^ ** a n y t h i n g HHRWWttt h Y j h a ^ u b j e c t
(a) ' 'Agricultural produce" means harvested potato, ginger, apple wheat £ * £ & ^ n , a 1 ^ HUgarcane (gur and shakkar)7 chil i e f a n d S or any otner crop.which may hereafter be declared by the Lieutenant Governor by notification in the Himachal Pradesh Gazette to be agricultural produce for the purpose of this A c t u r "^ L L ( - l 0 D e
(b) "Dealer" means any person who within the notified market area sets up, establishes or continues or allows to be continued any place for the purchase or sale of the agricultural produce notified 'under sub section tIJ of section 4 or purchases or sells, such agricultural pro
(e) "Grower" means a person who grows agricultural produce personally through tenants or otherwise, but shall not include a grower who works as a dealer or a broker or who is a par tner of a firm of dealers or brokers or is otherwise engaged in the business of disposal or storage of agricultural produce. If a question arises as to whether any person is a grower or not for the purposes of this Act, the decision of the Director of Agriculture shall be final.
(cc) "Lieutenant Governor" means the Lieutenant Governor of Himachal Pradesh.
(d) "Market" means a building, block of buildings, enclosure or other area which may be so notified in accordance with the rules mads under this Act.
(dd) "Notification" means notification in the Himachal Pradesh Gazette;
(e) "Notified market area" means any area notified under section 4. unde^-
(f) "Prescribed" means prescribed by rules o r bye- laws made, under this Act.
(g) "Trade allowance" includes such allowances as have the sanction of custom in the notified area concerned.
3. Himachal Pradesh Marketing Board.—(1) The Lieutenant Governor may, for exercising the powers and functions conferred on and assigned to the Himachal Pradesh Market ing Board under this Act, establish and constitute a Hi 'nachal Pradesh Marketing* Board consisting oE not less than ten and not more than twelve persons out of whom not more than two-thirds shall be nonofficials to be nominated by the Lieutenant Governor in the proportion of three f.n two from among the growers and dealers respectively in the Union territory of Himachal Pradesh.
(2) The Director of Agriculture and the Marketing Officer shall respectively be the Chairman and the Secretary of the Board.
(3) The term nf office of the non-official members of the Board shall be three years,
(4) The Lieutenant Governor may, remove anv non-official member of the Board, who is, in his opinion, unfit to act as a member or is remiss in the dis charge of his duties or whose continuance as a member of the Board is considered to be prejudicial to its interest,
(5) Four members shall constitute a quorum at a meeting of the Board. AV questions that may come up before a meeting of the Board shall be determined by a majority of votes of I he members present and voting, and in case of equality of votes, the Chairman may exercise a easting vote.
(61 An estimate ot the annual income and expenditure of the Board for the ensuing year shall be prepared by the Board and submitted for sanction to the Lieutenant Governor not later than die first week of March each year. On the sanction of the Budget by the Lieutenant Governor the Himachal Pradesh •M uiceting Board shall have power to operate upon it.
(1) The Chairman of the Board ami Lis Secretary shall have the same powers as are respectively conferred under the Financial Kules ot the Central Govern ment on ' he Head of Department and a Head of an Office.
(f)) The Lieutenant (.Jnveninj; nbai! i.'XGtcise superintendence and con t mi over the Himaebal Pradesh Marketing Boni'd and may call for such information 4 « HP m-iv deem necessary and, in the event of his being convinced that the 2 j r t for fiexerc^e "of the functions of the Board as he may thmk fit.
/Q^ Th- Himachal Pradesh Marketing Board shall exercise superintendence ^ i i S l ^ ^ l S f ^ S i t S e s t a b m e a and constituted under this Act.
M01 The Himachal Pradesh Marketing Board may, on administrative grounds, transfer employees of one Market Committee to another and of a Market Com mitteeto thl Himachal Pradesh Marketing Board and r.ce versa.
(11) The Himachal Pradesh Marketing Board may delegate any of its powers to the Chairman or any one or more memoers of the Board.
n<>\ ThP Himachal Pradesh Marketing Board or the Director of Agriculture or 1 ? Marketing ' oScf^haU have t h r o w e r to call ^ ^ t f g n « * « g return from a Market Committee or a dealer and shall also ^ * e t&erowsr w or cancel his licenss.
(13) The Himachal Pradesh Marketing B08|*rnay, b £ j f g ^ ^ ^ S i r l S intension of exercising control ^ t ? S e t S « £ l 5 £ • produce and in such area as may be s>pecified_ in «je notrncauo • d fa & lion shall state thatany objections M I * $ & * * £ £ $ & S M W notifica- Himachat Pradesh Marketing Board within a period LO oe specu^u tion, will be considered:
Provided that such period shall not be less than one month.
4. .Declaration 4 a ^ M ^ ^ J ^ J % ^ S ^ H *$$&?«* in the notification under section 3 » * J ™ J g " i J e r j g K f l t f T period, the agricultural' produce notified under section 3 or any part thereof.
= m After the date of \ ^ ? ^ ^ f ^ l i % S £ ^ 2 ? & S ? S S may be snecified therein, no person Uh êss exempceu-"* - t h G o v e m - Aet, shall', either %JuttkseH f ^ f i ^ j S ^ b U ^ h or Continue or allow to ment within the notified marks area. jrf.up, establish « ^ntinu g ^ oj£ ^ he set up, established or continued uvjguue OT W~ pu£ a e r l c u l tural produce agricultural produce s o ^ M « g ^ f f J f* The prSdsfn of this Act, the S S l S ^ l a w f S a r ^ ^ l ^ ^ S ^ ^ ^ specified in the ncense:
Provided that a license shall, not be required by a J ^ ^ % * % S £ * cultural produce for his private use.
5. Authority to ^ T J P ^ & i 2 i f ^ u l i a S S u S r t 0 ^ A e r i f y Himach,l Pradesh Marketing Board shall by *» l e | ™a-the grant of a license.
the authority to whom an application may be macic ior ine s- , . A m o t i o n s to » * « * g- j . to S . ^ g L ' S ^ t r * S s f w M c h licence on or before.such date as the W f ^ ^ Z ^ licensing authority pay bv notification apj -oint. W respect of diat j ^ f - r "*e h >od not exceeding n Eû a to grant him a license until after the sp»ry or sucn pei !r rce "cars as it nay think fit:
Provided furthe, that the Himachal Pradesh• MaAeBng Board ^ * £ d i c t i o n issue a license to such m ^ ^ J % f f S i ^ mly think fit:
.impose such penalty not exc^jdmg two Uou,,ana rup«^ *f . •?
I fe> ) V **^
Provided further that the aforesaid provisos shall not come into force until notified by the Himachal Pradesh Marketing Board in the Himachal Pradesh Gazette.
(2) The Himachal Pradesh Marketing Board or an officer not below the rank d£ a Gazetted officer specifically empowered in this behalf may on being satisfied that there has been a breach of any of the conditions specified in a license by an order in writ ing, cancel or suspend such license and may also direct that such • icen^c shall not be renewed for such period not exceeding five months for a first In-each and not exceeding nine months i'*r a second breach a s may be specified in that order provided that no such order shall be passed without giving the licensee an opportunity to show cause why such an order should not be passed.
7. Establishment of marke t Committee.—The Himachal Pradesh Market ing Board shall by notification establish a Market Committee for every notified market area and shall specify its headquarters .
8. Constitution of the Committee.—(1) A Marke t Committee shall consist of nine or sixteen members as the Himachal Pradesh Marketing Board may in each case determine.
(2) Of these members one may be appointed by the Himachal Pradesh Marketing Board from amongst the salaried servants of the Government by virtue of his office.
(3) The remaining members shall be appointed by the Himachal Pradesh Marketing Board out of a panel of names equal to twice the number of vacancies to be filled, in the manner provided hereunder, tha t is to say:—
(a) if the Committee is to consist of nine members , there shall be appointed—
(i) five members from growers of the district; and {ii) three members from licensed dealers;
(b) if the Committee is to consist of sixteen members, there shall be appointed—
(i) nine members from growers of the district; and
(ii) six members from licensed dealers.
(4) The panel of the names will be given by the Deputy Commissioners concerned.
(5) Whenever anv member dies,, resigns, ceases to reside in the Union territory of Himachal Pradesh or becomes incapable of acting as a member of the Committee, the Himachal Pradesh Marketing Board in its discretion may, on the submission of another panel, or in default of such panel, appoint another person to be a member in his stead.
(fil No set done by the Committee shall be called into question on the ground merely of the existence of any vacancy in or any defect in the constitution of the Committee.
9. Duties of the Committee.—(I) It shall be the duty of the Market Committee to enforce the provisions of this Act and the rules and bye-laws made thereunder in the notified marke t area and, when so required by the Himachal Pradesh Marketing Board, to establish a marke t therein providing such facilities for 'persons visiting it in connection with the purchase, sale, storage, weighment, pressing and processing of agricultural produce concerned as the Himachal Pradesh Marketing Board may from time to t ime direct.
f2) Subject to such rules as the Lieutenant Governor may make in this behalf it shall be the duty of Market Com mil tee to issue licenses to brokers, V.'eighmen, measurers, guieveyors and warehousemen for carrying on their occupa tion hi that notified marke t area in respect or agricultural produce 23 defined in this Act and to renew, suspend or cancel such licenses.
(31 No broker, weighman, measurer, surveyor or warehouseman shall, unless duly authorised by license, carry on his occupation in a notified marke t area in respect of agricultural produce as defined in this Act.
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10. Period of office of members.—Subject to the provisions of section 13 every member shall hold office for a period of three years from the date of his appointment, and if when such period expires, no person has been appoin tedto succeed him such member shall, unless the Himachal Pradesh Marketing Board otherwise directs, continue to hold office until his successor is appointed.
11. Removal of Members.—The Himachal Pradesh Marketing Board may at any time during the period of his office remove by notification any member if such member has, in its opinion, been guilty of misconduct or neglect of duty;
provided that before-,the Himachal Pradesh Marketing Board notifies the removal of a member under "this section, the reasons for Ms proposed removal shall be communicated to the member concerned and lie shall be given an opportunity of tendering an explanation in writing.
12. Election of Chairman and Vice-Chairman.—Every Market Committee shall elect from among its members a Chairman and a Vice-Chairman.
13. Filling of vacancies.—If through death, resignation, ret i rement , transfer or removal in accordance with the provisions of section 11 any vacancy occurs, the Himachal Pradesh Marketing Board may} appoint a member to fill such vacancy in accordance with the provisions of section 8:
Provided that the te rm of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office lor the full period allowed under section 10, unless there be delay in appointing a new member to succeed the member first mentioned above, in which case it shall expire on the date on which his successor jis appointed by the Himachal Pradesh Marketing Board.
14. Incorporation of Cora mitt ee.—Every Market Committee shall be a body corporate by such name as the Himachal Pradesh Market ing Board may specify in the notification establishing it, shall have perpetual succession and a common seal, may sue and be sued in its corporate name and shall, subject to the p ro visions of section 24, be competent to "acquire and hold property both movable and immovable, to lease, sell or otherwise transfer any movable or immovable [property which may have become vested in or been acquired by it, and to contract and to do all other things necessary for the purposes for which it is established:
Provided that no Committee shall permanently transfer any immovable pro* perty except in pursuance of a resolution passed at a meeting specially convened 'for the purpose by a majority of not less than three-fourths of the members of the Committee,
15. Sub-Committee and Joint Committees and delegation of powers.—The 'Market Committee may appoint two or more of its members to be a sub-Com mittee for the conduct of any work or to report on any matter , and may delegate io any two or more of its members and withdraw from them such of its powers or duties and in such manner as may be prescribed.
16. Appointments and salaries of officers and servants of Market Committee,— W) With the previous approval of the Chairman of the Himachal Pradesh Marketing Board, a Market Committee may employ such officers and servants as may be necessary and proper for the management of the Market Committee and may assign to such officers and servants such duties a s it thinks fit and shall have power to control and punish them.
(2) Every Officer or servant against whom an order of punishment has been hiade by a Market Committee shall be entitled to appeal to the Himachal Pradesh Market ing Board within a period of thir ty clays from the date of the order 'appealed against:
1 Provided that the appellate authori ty may for sufficient cause entertain the appeal if made after the expiry of the aforesaid period. ^ {3> Tn computing the period of thir ty days the period spent for obtaining a copv of the order appealed against shall be excluded, and a copy of the order shall be supplied to the person concerned free of cost.
tm Anv person aggrieved by the order of the appellate authority may f a t h e r appeal to the Lieu tenant Governor within a period of thirty days of the (late at the appellate oj-dar; and the provisions at the proviso ro snb-section u h ana <P \ sub-section (3), shall apply to such '.further •UTOMI i« rtv* . , apply to an appeal under sub-section (J) manner as they Pradesh Marketing Board and of a w S ^ S S S r t f f l ^ W o t ' t h e ™ ™ c h a l public servant within the meaning o f / e c t i oH°T o f ^ s ^ U ^ d e e m e d to be a IXLV pi I860). "-=UJUJ0 m secuon 41 oi the Indian Penal Code (Act W ^ ? ! ^ 1 ^ 0 ^ ^ ^ ^ ^ ^ ^ » P - v i d e d in sub-section (1) oe m a a f l n t i t f ^ l h ^ t } Committee, may, subject to such rules as may u L ™ ! £ « S : + - « H , e v y f e e o n , U i e agricultural produce bought or sold bv ™ * e ? S ^ L h e n o t l f i e d a i ' ea and the Lieutenant Governor may makp r u l « spewiying the maximum rates of the said fees: y a K e r u l e s
Provided that—
(a) no fee shall be leviable in respect of any transactions in which delivery of the agricultural produce bought or sold is not actually made- and ( b ) 3 & £ ? ; b e te*ia£le ,01lly o n & e part ies to a transaction in which delivery is actually made.
20. Market Committees Fund.—{1} All moneys received by a Market Com mittee shall be paid into a fund to be called the "Market Committee Fund" All expenditure incurred by the Market Committee under or for the purpose* of this Act shall be defrayed out of the said .fund, and any surplus remafning after such ejPenchture has been met shall be invested in such manner as may b i prescribed TD ( f ) , ( U E 7 e f y M™ke\ Committee shall, out of its fund, pay to the Himachal Pradesh Marketing Board 20 per cent of the moneys received by it on account of Himachal Pradesh Marketing Board office expenses and such other expenses .ncurred by it in the interest of the Marketing Committees generally and also fpay to the Government the cost of any special or additional staff employed by the Government m consultation with the Committee for giving effect to the provisions of this Act in the notified market area.
1 , <b.) T h e Lieutenant Governor shall determine the cost: of! such special or ^additional staff and shall, where the staff is employed for the purposes of more Marke t Committees t han one, apportion such cost among the Committees con cerned in such manner as he thinks fit. His decision determining the amount payable by any Market Committee shall be final.
' u SPfe HiBWCfcal Pradesh RSftdOOnf nonixl Fund—All receipts of the Board •shall be credited into a fund to be called the Himachal Pradesh Marketing Board i 'und. All expenditure incurred by the Board shall be d fraved out of the said (fund which shall be mmtly operated upon b y the Chairman" and the Secretary i m s luncl shall be utilised for such purposes as mav lie prescribed by the (Lieutenant Governor, ' *
21. Pol-poses fur which funds mxy be expended.—Subject to the provisions of section 20 the Market Committee Fund shall be expended for the following purposes Ci) the acquisition of g site or sites for the market;
(ii) the maintenance and improvement of the market;
(iii) the construction and repair of buildings which are necessary for the purposes of such market and for the health, convenience and safety of Hie persons Using il;
(iv> the provision and mafhienanco of standard weights and measures;
(v) the pay leave allowances, -lies, compassionate allowances and contributions towards Leave allowances, or provident fund of the persons employed by the Market Cummittao;
8 ? r o & c o S n e d S d propagnnda in favour ol agricultural improvement and thrift;
(viii) providing comforts and facilities, such as shelter, ^ a d e parking a,com-. t v u u prov• s ^ d ^ ^ ^ f o r t h £ p e r s o n S i f r a u g h t cattle and pack animals coming to the market, and similar other purposes;
(ix) the expenses incurred in auditing the accounts of the Committee;
M with the previous sanction of the Himachal Pradesh Marketing Board any ( } other pPuVpoL which is calculated to promote the general interest of the market; and
(xi) for the payment of travelling allowance to the. members of the Market Committee as prescribed.
22 No trade allowance permissible except as prescribed by r i U c * °J ^ f f - f ^ Z S , ? A t o r S of the agricultural produce concerned and no Civil C^urtyshaU?fn any s^it o /proceeding arising out of any such transaction, recognise any trade allowance not so prescribed.
23 Bar of Suits in absence of n o t i c e . - U ) No suit shall be instituted g a i n s t any Market"Committee 5 an" member, or employee thereof or any person acting under the direction oi"any such Committee, member or employee ^ a n ;*hmg d o n e o r DurnoitmS to be done under this Act, until the expiration of three months next Sft« ano t ice in writing, stating the cause of action the name and place of abode cu tilf intPndlSI S a S S f i and the relief which he claims, has been, in the case of a c l S f f d i S t M t l t its office, and in the case of any such member, em- D £ Y S tt^person as aforesaid, delivered to him or left at his office or usual^place or anode" and the plaint shall contain a statement that such notice has been so delivered, or left.
C2) Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of the cause of action.
•m PmvM- to borrow.—(1) The Market Committee may, with the previous 2M i f + n i Himachal Pradesh Marketing Board raise the money required lor ™ i n " on the" p B S ? f o r whfch it is established on the security of any property v S e T f r f l n d lSSSSSfii Market Committee and of any fees leviable by the Market Committee under this Act.
(2) The Market Committee may, for the purpose of meeting the ^ g l M g J J :
•turi on landS buHd&gs and equipment required for establishing the market, obtain a lean fro_m the Government on such conditions and subject to such rmes as may be prescribed.
23 SuDetse^sion of Market Committee.—(1) If, in the opinion of the Himachal P r a d e s h T a r l c t S g Board a Market Committee is. incompetent to perform 0 r nersisfenty makes default in performing (he duties Imposed on it by or uader this Act or abuses its powers, the Himachal Pradesh Marketing Board may, by notifi cation, supersede such Committee:
Pmvided that before issuing a notification under this sub-section the Himachal Pradesh Marketing Board shalf give a reasonable opportunity to the 'Mark e Com mittee for showing cause against the proposed supersession and shall consider the explanations and objections, if any, of the Market Committee.
C2> Upon the publication of the notification under sub-section (!) superseding a Market Committee, the following consequences shall ensue:— (al all the members including Chairman and Vice-Chairman of the Maik.pt Committee shall, as from the date of such publication, be deemed to have ceased to be members of the Committee;
m all assets of the Committee shall vest in the Government and it » liable for all the legal liabilities ol the Committee subsisting at the date of its supersession upto Ihe limit of the said assets;
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(c) the Himachal Pradesh Marketing Board may at its discreTion, by order constitute either a new Committee as provided under section 7 or such father authority for the carrying out of the functions of. the Committee as the Himachal Pradesh Marketing Board may deem fit.
(3) (a) When the Himachal Pradesh Marketing Board has made an order under clause (c) of sub-section (2) the assets and liabilities defined in sub-section (2}(b) vesting in the Government at the date of such order shall be deemed to have been transferred on the date of such order to the new Committee or authority constituted as aforesaid.
(b) (D Where the Himachal Pradesh Marketing Board by order under para- «raoh (O of sub-section (2) of section 25 has appointed an authority other than a new Committee for the carrying out of the functions of the superseded Committee the Himachal Pradesh Marketing Board may by notification determine the period for which such aji authority shall act. Such period shall not be longer than vhree years:
Provided that term of office of such authority may be terminated earlier if the Himachal Pradesh Marketing Board for any reason considers it necessary.
(ii) At the expiry of the term of office uf such authority, a new Committee shall be constituted.
am Upon such an order being made LUe assets and liabilities vo t ing in the authority thereby superseded, shall be deemed to have been transferred by such order to the new Committee.
(41 Whenever the assets ot a Committee vest in the Government and no new .
Committee oi authority. is appointed in Its place the, Himachal Pradesh Marketing B o S hall employ the balance of the assets remaining after the discharge of the S i t i n g legal liabilities of the said Committee tor any object of public utility in the area specified in the notification issued under section 3.
m A Emergency powers.—!! at any lime the Lieutenant Governor is satisfied thai a situation has arisen in which the purposes ot this Act, cannot be earned out in accordance with the provisions thereof, be may by notification—
(a) declare that the functions of the Market Committee shall, to such extent as may be specified in the notification, be exercised by the Lieutenant Governor or such person or persons us the Lieutenant Governor may M assume to himself all or any of the powers vested in or exercisable by any Market Committee; and such notification may contain such inci dental and consequential provisions as may appear to the Lieutenant Governor to be necessary or desirable for giving effect to the objects of the notification.
26 Penalt ies— U) Whoever contravenes the nrovisions of section 4 shall, on conviction, be punishable with fine which may extend to five hundred rupees, and in the case of a rontinuing contravention, with a fine which m addition to such fine as aforesaid, may extend to thirty rupees for every day after the date of first conviction during which the contravention is continued.
(2) Whoever contravenes the nrovisions of sub-section (3) of section 9, shall, on conviction, be punishable with line which may extend to fifty rupees, and, in the case of a continuing contravention with a fine which, in addition to such fine as aforesaid, may extend to two rupees for every day after the date of first conviction during which the contravention is continued.
(3) Whoever contravenes the provisions of section 22 shall on conviction be punishable with fine which may extern! to o»e hundred rupees.
27 Power to make rules.—(1) The Lieutenant Governor may, either generally or specially for any notified market acea or areas, make rules consistent with this &ct for carrying out all or .my of the purposes thereof.
r2'i In particular and without prejudice to the g e n i a l i t y of the foregoing power such rules may provide for—
(t) the appointment of inembet's uf a Market Committee;
(ii) the powers to be ex^retf^fl and ihe daties ta be performed by the Marke!
Committee;
' 10 < m > t h ^ o l C C t i 0 n Q[ t h ,e &&»&& and Vice-Chairman of such Committee their powers and term of office; ^umraiuce,
(iv) the-filling of casual vacancies in the office o£ members or in the office £ Chairman or Vice-Chairman of the Market Committee:
(v) the time place and manner in which a contract between buyer and seller is to be entered into and the money is to be paid to the seller
(vi) generally, for the guidance of the Market Committee- <vii) management of the market, maximum fees wliich may be levied by the B S i a ^ ^ ^ S ^ ^ g S a W * * * * * * * * * ffi«h and
(viii) the issue by a Market Committee of licenses to brokers weiehmen measurers surveyors .and warehousemen, the form™ which and he conditions under which, such licenses shall b K d or renewed and the fees, if any, to bo charged therefor- lentweo, (Ix) the place^ or places at which the agricultural produce shall be weighed *"* the kind and description of the scales, weights and SfeaslfreWhM ( X ) ' ^ c S ' w S h U ^ ^ 0 1 1 ' «*?«**«• , * * » * » «»« confiscation of Wm, weights and measures m use in a notified market area-
(xi) the trade allowances which may be made or received by any 'nerson m^any transaction En an agricultural produce in FJK&-ggBi.
m® the provision of facilities for the settlement by arbitration or otherwise SF lht\-+£12 ih U d m § ^W**^? wganimg the quality or weight d L , - C e ' - ^ e D r i c e , °,r r a t e t 0 b e Paid> allowances for wrappings dirt, or impurities or deductions for any cau=e l p n ' t X l i i J ^USfrfboth'the1'^1'5 ^T^H ta , t h e ' 3 3 m e transaction on oenair of both the buyer and the seller o.C agricultural produce;
(X1V> ^ l a S f & ^ ^ S ^ 5 ' ° r #»** » * ngricultural produce Vnd he ™ T J" ^ - y # ':«e expense oC the Market Committee.
and me grant of sanction to such plans and estimates•
(xvi) the form on which the accounts of a Market Committee'shall be kept • 9l?%&i<g%S%8g " ! * ***** ***** c h a r g e s . ^ | (xvi-a) the manage7nent and regulation of Provident Funds which may he established by Market Committee for the benefit of its employees'
(xvii) the preparation find submission for sanation of an annual budget and the reports and returns to be furnished by a Market Committfe (" ;hmiTteefment a D d d i S P ° ? a l °C t h e " u r p k l s f i m d s ot a Market ' Vvmt m &JgW» ^ whichL auctions of agricultural produce shall be conducted ana nins made and accepted in any market*
(xx) determining the scale of fees payable" for the issue or renewal of Sm* urmei winch a license shall be Issued:
fxxi) fixing; the maximum annual fees which may he levied by the Market S d L . V ^ H ' °f hcmism f a n t e d t(1 t r a d G 1 ' s •**»* section 4 notion ^ S t n c S n f ^ tZ, " " * * * * *» ^ *T5fSSS!*S5£ SSP5Bn" ̂ f,'om the ohligatim * ****• J M » W ^ ^ t f i y - t t a W ^ to «*frft applications for ohtaining jfenajg fccfej the ^nU,al.ion w a-Jtesal of fees reepventa! under the Act or under rm> line.-, oi bye-laws made under this &et;
<x-<v} tl-e^raveldng expenses Mud: may he paid to the members of Market 11 (xxvij ^ s e t t l e m e n t of any question « to whether any person is a grower or
(xxvii) the appointment of members of a Marketing Committee (xxvinj the payment to the employees of the Him-^-,7 -a »* ». n .
Board and Market Committees £MeavT « S L 5 r a d e S h + M a r k e t i n g compassionate allowance ancl conrrfhnt^n a l l ° w a n c e ' gratuities, or which may be e s t a b U V t W S g f t of l ^ e m X ^ * " * (XX1X) t h S S B o S d ^ a S l f a S feSS&S^ * S « 5 * * * *"* " « B W ^ &S&& * * *""*- *-** O S t h A ^ J ^ S % ? ^ ^ ^ ^ ^ ^ ^ < h a t « V contravention AtiJ be punishable with' f f n ^ v S & ^ ^ % S B r S A a ^ * * * ^ ^
(i) the regulation of business;
(ii) the conditions of trading;
m %VP£3& SaST* o f its employees and the employees ( iV) ^ p l o y e e s f a n ? " ^ s r a t u i t t e s * a n d l e a ™ allowance to such em-
(v) the delegation of power, duties, and functions of the Sub-Committee if any, provided by section 15, and may nrovide th«+ nZ^ *'• thereof shall be punishable on ZmfggJTg?Cc^enVlSSlrSe3 with a fine which may extend to fifty rupees. I 1 [ J K i e i u Magistrate, J^VK&'tSSSfig&Shas been pubUshed ,or InformatlM and
20. Trial of offences—(1) No offence made punishable bv thio Aft nr **.* P I S S ' S ?Sc,Bf,rS e3rei sl,a11 be m Sy a a°uA « A thVn<2 ea %^^&m,?&^im^m%j'iM.'mm'duiy autha*
(3) All fines received from an offender shall be credited to the- pfi™m™ont revenues and grant equivalent to such fines shall b Y p S d t o V M S B F S B
30. Appeals.—(1) In all cases in which power under section Q has been exercised *L Xit^uf^rP^l i%&t^g empowered in this behalf an appeal shaU^S to the Hunachal Pradesh Marketing Board in the manner prescribed „ ^ 2 J i .
A n y Person objecting to the order passed bv the Him-^hni TH-^^\.
S$£1$Saff£iappeal*lhe LieutMan? G-™ * ^ S - " S« 31 Recovery of sums due to Government from Market Committee—All om™ a ^ / j ^ w s t * * ,-'ovon,me"t ,i,ay ba ™ d •* s = (No. 3J\4/2/59-Judl. II) UTL. 27 K. R. PRA3HU, C6r. Secy.
GMGIPND—DA'IB—3S8MofHA—-I- I : - i i . - j - . ^ j o - J • i