(1) Subject to any rules made by the Government under section 43, a Committee may, in respect of notified market area, make bye-laws for-
(i) the regulation of its business;
(ii) the conditions of trading;
(iii) the appointment and punishment of its employees;
(iv) the payment of salaries, gratuities and leave allowances to such employees;
1. Substituted for the words “paid to the members and employees of the Board” by Punjab Act 40 of 1963.
No. 23 of a961 The Punjab Agricultural Produce Markets Act, 1961
(v) the delegation of powers or duties, to the Sub-Committee or Joint Committee or ad-hoc Committee or any one or more of its members under section 19 ; and
(vi) the remuneration of different functionaries not specifically mentioned in this Act, working in the notified market area and rendering any service in connection with the sale, purchase, storage and processing of agricultural produce;
and may provide that contravention of any of such bye-laws shall be punishable, on conviction, with a fine which may extend to fifty rupees.
(2) Where a Committee fails to make by-laws under this section within six months from the date of its establishment or the date on which this Act comes into force, whichever is later, the Board may make such bye-laws as it may think fit and the bye-laws so made shall remain in operation in that Committee.
(3)(a) Not withstanding anything contained in this Act or the rules or bye-laws made thereunder, if the 1[* * *] Board considers that an amendment, alteration, rescission or adoption of a new bye-law is necessary or desirable in the interests of such Committee, he may, by an order in writing to be served on the Committee by registered post, require the Committee, to make such amendment, alteration, rescission or adopt a new by-law within such time as may be specified in such order.
(b) If the Committee fails to make any such amendment, alteration or rescission or to adopt the new bye-law within the time specified by the 1[* * *] Board in his order under clause (a) the 1[* * *] Board may, after giving the Committee an opportunity of being heard, register such amendment, alteration, rescission or such new bye-laws, and issue a certified copy thereof to such Committee.
(c) The Committee may, within one month from the date of issue of an order made under clause (b), appeal against such order to the State Government.
(d) Where an appeal is presented within one month from the date of the issue of an order under clause (b) registering an amendment, such amendment shall not come into force till the order is confirmed by the State Government.
(e) A certified copy of the amendment of the bye-laws registered by the 1[* * *] Board under clause (b) shall, subject to the result of an appeal, if any under clause (c) be conclusive evidence that the same has been duly registered and such amendment, alteration, rescission or a new bye-law shall be deemed to have been made by the Committee.
(4) No bye-law or rescission of a bye-law or its alteration or amendment shall take effectuntil it has been confirmed by the 1[* * *] Board and notified in the official gazette.
1. The word “Chairman of the” omitted by Punjab Act 40 of 1963.
The Punjab Agricultural Produce Markets [Punjab Act,] Act, 1961 Power to write off irrecoverable fees etc.
Power to Compound offences.
Vesting of propertles of Mandi Township etc.
45. Whenever it is found that any amount due to the Board or a Committee is irrecoverable or should be remitted, or whenever any loss of the Board’s or a Committee’s money or stores or other property occurs through the fraud or negligence of any person or for any other cause and such property or money is found to be irrecoverable the facts shall be reported to the Board or Committee, as the case may be and the Board with the approval of the Government and Committee with the approval of the Board, may order the amount or value of the property to be written off as lost, irrecoverable or remitted, as the case may be, provided that in case of Committee, if in any case the amount due or the value of such property is in excess of one hundred rupees, such order shall not take effect without the approval of the State Government.
1[46. Interest – Whoever fails to pay any sum due to a Committee or the Board within the stipulated period, shall be liable to pay in addition to that sum, such interest as may be prescribed.” 3[“46A Omitted. (1) Notwithstanding anything contained in any other law for the time being in force,.-
(a) all property, moveable and immovable and all interests of whatsoever nature and kind therein of the State Government in respect of mandi portion of the mandi townships established by the Colonization Department under the Punjab, New Mandi Townships (Development and Regulation) Act, 1960, shall vest in the committee;
1. Substituted by Haryana Act 21 of 1973 and futher substituted by Haryana Act 21 of 1975.
2. Substituted by Haryana Act 38 of 1980.
3. inserted by H.A. I of 1991.
No. 23 of 1961] The Punjab Agricultural Produce Markets Act, 1961
(b) anything done or any action taken including any notification, order, scheme, or rule made, permission granted or issued under any provision of the Punjab New Mandi Townships (Development and Regulation) Act, 1960, relating to the mandi portion shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under this Act;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Government, under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, in respect of mandi portion only, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Committee.
(d) all taxes, fees and other sums of money in respect of the mandi portion due, to the State Government under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, shall be deemed to be due to the Committee.
(e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, or against the State Government under the Punjab New Mandi Townships (Development and Regulation) Act, 1960 and the Colonization of Government lands (Punjab) Act, 1912, in respect of mandi portion only, may be continued or instituted by, for or against the Committee.
(2) If any mandi portion or a part thereof lies within the limits of a municipality, notified area, gram panchayat area or local area under the Punjab Town improvement Act, 1922, the State Government, may, by notification in the Official Gazette, direct that any or all the powers under the Haryana Municipal Act, 1973, the Punjab Gram Panchayat act, 1952 or the Punjab Town Improvement Act, 1922, as are relevant to the purposes of this Act shall, subject to such conditions and restriction as may be specified in the notification, cease to operate in such mandi portion and the Municipal Committee, the Gram panchyat, or the Improvement Trust, as the case may be, shall thereafter cease to have jurisdiction over that mandi portion or a part thereof, as the case may be, in respect of such powers.
(3) The provisions of the Haryana Municipal Act, 1973, the Punjab Gram Panchyat Act, 1952, and the Punjab Town Improvement Act, 1922, in so far as they are inconsistent with the provisions of this Act, shall not apply to the mandi portion or a part thereto.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961
(4) Where any person makes default in the payment of any rent due in respect of lease of any site or building or both, as the case may be or any fees payable for providing, maintaining or continuing any amenity under the Punjab New Mandi Townships (Development and Regulation) Act, 1960, the Secretary of the Committee may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty:
Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter.
(5) Where any person makes default in the payment of any amount being the arrears or penalty, or both, directed to be paid under sub-section (4), such amount may be recovered from him in the same manner as arrears of land revenue.
(6) Where any person makes default in the payment of any consideration money or any instalment on account of the sale of any site or building, or both, to him, the Secretary of the Committee may, by notice in writing, call upon him to show cause within a period of thirty days. Why a penalty which shall not exceed ten percent of the amount due from him, be not imposed upon him.
(7) After considering the cause, if any, shown by him and after giving him a reasonable opportunity of being heard in the matter, the Secretary of the committees may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due alongwith the penalty shall be paid by such person within such period as may be specified in the order.
(8) If a person fails to pay the amount due together with the penalty in accordance with the conditions of sale or allotment of any site or building to him or commits a breach of any other conditions of such sale or allotment, the Committees may, by notice in writing, call upon him to show cause, within a period of thirty days,, why an order of resumption of the site or building or both, as the case may be and forfeiture of the whole or any part of the money, if any, paid in respect thereof, which in no case shall exceed ten percent of the total amount of the consideration money, interest and other dues payable in respect of the sale or allotment should not be made.
(9) After considering the cause, if any shown by him in pursuance of a notice under subsection (8) and any evidence that he may produce in support of the same and after, giving him a reasonable opportunity of being heard in the matter, the Committee may, for reasons to be recorded in writing, make an order resuming the site or building or both, as the case may be and directing the forfeiture as provided in sub-section (8) of the whole or any part of the money paid in respect of such site, etc., No. 23 of 1061] The Punjab Agricultural Produce Markets Act, 1961
(10) Omitted.
(11) Omitted.
(12) Omitted.
(13) For the purposes of this section ‘Mandi portion’ means that portion of any type of land or building, inclusive of all encumbrances, enclosures, fittings and fixtures, roads, parks, parking, passengers, platforms, plots etc., where sale-purchase of agricultural produce or other connected activity of any kind in pursuance of the purposes of the Punjab New Mandi Townships (Development and Regulation) Act, 1960 takes place.”]
47. The Punjab Agricultural Produce Markets Act, 1939, and The Patiala Agricultural Produce Markets Act, 2004 B.K., are here by repealed:
Provided that such repeal shall not affect-
(a) the previous operation of any Act so repealed or any-thing duly done or suffered thereunder ; or
(b) any right, privilege, obligation or liability acquired or incurred under any Act so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid;
Repeal and Savings.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 and any such invesigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed :
Provided futher that anything done or any action taken under the Acts so repealed shall be deemed to have been done or taken under this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act :
Provided futher that the State Marketing Board constituted under the Patiala Agricultural Produce Markets act, 2004 B.K. and functioning immediately before the commencement of this Act, shall, till a Board is established and constituted under section 3, be deemed to be the State Agricultural Marketing Board for the purposes of this Act and all employees in the service of the State Marketing Board immediately before such commencement shall be deemed to be the employees of the State Agricultural Marketing Board and their emoluments and other conditions of service shall not be varied to their disadvantage :
Povided further that the Market Committees functioning immediately bofore the commencement of this Act shall be deemed to be constituted for the first time under sub-section (4) of section 12 and their members including the Chairman and Vice- Chairman shall hold office until new Committees set up under this Act are notified 1[* * * *].
2[Notwithstanding anything contained in any law, judgement, decree or order of any court, any fee levied, imposed, assessed or collected from a licencee under section 23 of the principal Act and the rules made thereunder on the agricultural produce bought or sold or brought for processing by him in any notified market area shall be deemed to have been validly levied, imposed, assessed or collected and such levy, imposition, assessment or collectiion shall not be called in question in any court and accordingly-
(a) no suit or other legal proceedings shall be maintained or continued in any court for the refund of the whole or any part of the fee so levied, imposed, assessed or collected; and
(b) no court shall enforce any decree or order directing the refund of the whole or any part of the fee so levied, imposed, assessed or collected.]
1. The words “or the expiry of six months from the commencement of this Act whichever is earlier” omitted by Punjab Act 3 of 1962.
2. See Haryana Act 5 of 1976.
Validation.
No. 23 1961] The Punjab Agricultural Produce Markets Act, 1961 1[(1) Notwithstanding anything contained in the Principal Act or in any other law for the time being in force or judgement, decree order of any court, any amount purported to have been collected from a dealer or licencee as fee, in respect of any transaction in excess of the fee leviable under section 23 and deposited with any Committee before the 15th day of May, 1980, the burden of which has been passed on by the dealer or licencee to the next purchaser or which has been added towards the cost of the agricultural produce or the goods processed or manufactured out of it, shall be retained and deemed to have been validly levied, imposed, assessed or collected and shall be spent for meeting the costs of services to be rendered towards the development and improvement of existing markets where from the collection of such fee was made and accordingly-
(a) no suit or other legal proceedings shall be maintained or continued in any court for the refund of whole or any part of the fee so collected; and
(b) no court shall enforce any decree or order directing the refund of the whole or any part of the fee so collected.
(2) If any amount of fee so collected has been refunded to any dealer or licencee, the same shall be recoverable by the Committee concerned as arrears of land revenue.)
2[Notwithstanding anything contained in the principal Act, or in any other law for the time being in force or judgement, decree or order of any court, any amount purported to have been collected by a dealer or licensee as fee, in respect of any transaction in excess of fee leviable under section 23 of the principal Act and not deposited with any Committee, the burden of which has been passed on by the dealer or licensee to the next purchaser or which has been added towards the cost of the agricultural produce or the goods processed or manufactured out of it, shall be deemed to have been validly levied, imposed, assessed or collected and shall be recoverable by the Committee concerned as arrears of land revenue and spent for meeting the costs of services to be rendered towards the development and improvement of existing markets where from the collections of such fee was made and accordingly-
(a) no suit or other legal proceedings shall be maintained or continued in any court for the refund of whole or any part of the fee so collected; and
(b) no court shall enforce any decree or order directing the refund of the whole or any part of the fee so collected.]
1. See Haryana Act, 28/80.
2. See Haryana Act, 38/1980.
Validation.
The Punjab Agricultural Produce Markets[The Punjab] Act, 1961 THE SCHEDULE [See section 2(a) and section 38] 1[1 Wheat (kanak)
2. Barley (Jau)
3. Maize (Makki)
4. Great Millet (Jowar).
5. Spiked Millet (Bajra).
6. Paddy and 2[Rice] (Dhan) and 2[* *]
7. Gram and Kabli Gram (Chane Kale and Safaid) 2[8. Green Gram (Moong) whole and split.
9. Black Gram (Mash) whole and split.
10. Phaseclus aconitifolius (Moth) whole and split.
11. Lentil (Masur) whole and split.]
12. Indian Colza(Sarson).
13. Indian Rale (Toria).
14. Rochet (Tara Mira).
15. Cotton seed (Banaula).
3[16. Ground-Nut (shelled, unshelled and roasted)
17. Cotton (Ginned and Unginned) (Kapas and Rui).5
18. Culster Bean (Guara).
19. Dry and green Fodder (Suka and Sabaz Chara)
20. Potato (Alu.)
21. Sweet Potato (Shakarkandi).
4[22. Onion dry and green (Piaz khushak and Hara).
23. Arum (Arvi).
24. Cauli Flower (Phul Gobi)
25. Cabbage (Band Gobi)
26. Carrot (Gajjar).
27. Radish (Muli).
28. Turnip (Salgam).
29. Tomato (Tamator).
1 : Subsituted for Items 1 in 85 by the Punjab Government Agricultural Department Notification No. G.S.R. 111/PA-13/61Amd/62, dated the 24th July, 1962 published in Punjab Government Gazettee (Extra.), Legislative Supplement, Part III of 30th July,
1962.
2 : See page 40 infra.
3 : The words “Ginned and” and “and Rui” ommitted vide notification no. 158-Agri.S(1)- 94/1216 ft. 21-1-94.
4 : Substituted vide notification No. 2301-Agri.S (3)-87/ 5 : The words “Ginned and” and “and Rui” added vide notification dt. 25-11-2003 No. 23 of 1961] The Punjab Agricultural Produce Markets Act, 1961
30. Brinjal (Baingan)
31. Lady’s Finger (Bhindi).
32. Peas Green (Matar Hara).
33. Garlic Dry (Lashan Khushak).
34. Orange (Malta).
35. chillies Dry and Green (Mirach Khushak and Hari).
36. Gur.
37. Shakkar.
1[38. Khandsari (including Sulphur, Desi Khand and Bura).
39. Dry peas (Matar Khushak).
40. Water melon (Tarbuz)
41. Wool (Oon).
1[42. Tinda Gourd (Tinda).
43. Bottle Gourd (Lauki).
44. Pumpkin round (Ghia kadu).
45. Squash or Red Gourd (Halwa Kadu).
46. Bitter Gourd (Karela).
47. Cow Peas (Lobhia).
48. French Beans (Raj Maha and Soya Beans)
49. Long Melon (Tarr).
50. Elephant Foot (Zime Kand).
51. Cucumbar (Khira.)
52. Chappan kadu.
53. Turmeric (Haldi).
54. Musk melon (Kharbuza)
55. Mango (Am).
56. Mandrain (Sangtara).
57. Lime (Nimboo).
58. Lemon (Galgal and Khatta).
59. Apple (Saib).
60. Guava (Amrud).
1. Subsituted by Hr. Govt. Gazette (Extra.), no. 2301 Agri S (3) 87/15941 dated 1-9-87 page
1445.
2. Item 42 to 76, added by Punjab Government Agriculture Department Notification No.
G.S.R. 93/PA-23/61/S-38/Amd/66, dated 16th April, 1966, published in Punjab Government Gazette, Legisiative Supplement, Part III of 29th April, 1966.
3. Item No 53 ommitted vide Notification No. 1618 April, S.(1) 93/18222 dt- 22-9-93.
No. 23 of 1961] The Punjab Agricultural Produce Markets Act, 1961
61. Pear (Nashpati).
62. Anar
63. Sweet Lime (Mitha)
64. Apricot (Khurmani)
65. Plum (Alubakhara and Alucha)
66. Peach (Aru)
67. Litchi.
68. Sapota (Chickoo).
69. Loquat.
70. Castaud Apple (Sharifa).
71. Walnut (Akhrot).
72. Sag (Palak and Sarson).
73. Ginger (Adrak).
74. Henna (Mehndi).
75. Goat Hair.
76. Camel Hair.]
1[77. 2[* * *]
78. 3[* * *]
79. 2[* * *]
80. Bhabar Grass.
81. Sunehri.
82. Banana.
83. 2[* * *]
84. 4[* * *]
85. Rosin.
86. Arhar.
87. Grapes.
1. Item 77 to 99 added by the Haryana Government Agriculture Department Notification No.
217-Agri. (iv) (S)-70/9754, dated 24th/27th April, 1970.
2. Omitted by Haryana Governement Agricultural Department Notification No. 1482 Agri.
(II)-4-71/4091, dated 31st March, 1971 published in Haryana Government Gazette (Extraordinary) of 31st March, 1971.
3. Omitted by Haryana Governemtn Agriculture Department Notification No. 848 Agri. (II)- 71/6524, dated 1st May, 1971.
4. Omitted by Haryana Government, Agriculture Department Notification No. S.O./PA- /61/S.38/70, dated 4th July, 1970, published in Haryana Government Gazette (Extra.), Legisiative Supplement, Part III, dated 4th July, 1970.
5. Item No. 74 omitted vide notification No. 1618-April-5(1)-93/18222 dt. 22-9-93.
No. 24 of 1961] The Punjab Agricultural Produce Markets Act, 1961
88. Ber.
89. 1[* * *].
90. 2[* * *].
91 Oats.
92. 2[* * *].
93. 4[* * *].
94. Barsem Seed.
95. Sanghara.
96. Til.
97. Methi/(Seed)3
98. 4[* * *].
99. 5[* * *].
6100. Mausmi/Sweet orange.
101. Kinnow
102. Sponge gourd (Ghia Tori).
103. Sweet Pepper (Simla Mirch).
104. Linseed (Alsi).
105. Gram Dal 7106 [* * *].
8107. Sun-flower Seed (Surajmukhi Beej).
9108. Eggs.
109. Poultry Birds.
110. Fish.
10111. Timber & fire wood
1. Omitted by Haryana Government Agricultural Department Notification No. S.O./AA- 23/61/S-38/70 dated 4rth July, 1970, Published in Haryana Government Gazette (Extra.), Legisiative Supplement, Part III of 4ht July, 1970.
2. Items at 90.92 and 93, namely, butter, tobacco and ghee, respectiveiy omitted vide No.
S.O. 21/PA-23/61/S-30/70, dated the 21st August, 1970.
3. The words ‘Methi Green’ replaced vide Notification No. 3545-Agri. S(I) 85, dated the 31st December, 1985.
4. The word firewood at 98 omitted vide the Haryana Government Notification No. 848 Agri.
(II)-71/6524, dated the 1st May, 1971.
5. The word ‘meat’ at 99 omitted vide the Haryana Government, Agriculture Department Notification No. S.O./PA-23/61/S. 38/70, dated the 4th July, 1979.
6. Sr. Nos. 106 “Timber & Firewood added vide Notification No. 2628 Agri. S (III) 87/15941, dated the 1st Septmber, 1987.
7. Sr. Nos. 106 “Timber & firewood added vide Notification No. 2628 Agri. S(3)-88/4749, dated the 6th March 1998 and omitted vide Notification No. 951-Agri. S(3)-88/5418 dated the 23rd March, 1998.
8. Added vide Notification No. 3575-Agri. S(I)-91/23670, dated the 2nd December, 1991.
9. Sr. Nos. 108 to 110 added vide Notification No. 1725-Agri. S (I) 98/21831, dated the 28th Dec., 1998.
10. S.No. 111 “Timber & Firewood added vide notification dt. 7-8-2006