(1) The Committee or Committees of the new market area or areas shall be deemed to be the representative of the original Committee or Committees for the purposes of suing or being sued or for continuing pending suits or proceedings by or against the Committee or Committees of the original market area or areas.
(2) If any dispute arises between the Committees as regards their respective liability or claim under decree or order the matter shall be referred to the State Government whose decision shall be final.
6I. When under section 6B a new Committee is constituted by amalgamation of two or more Committees or where two or more new Committees are constituted by splitting up of an existing Committee, the pay and allowances, pension and retirement benefits, if any, of all employees of the Committees amalgamated or split up shall be the pay and allowances, pension and retirement benefits as in force immediately before the date of amalgamation or splitting up, as the case may be.]
7 (1) For each notified market area, there shall be one principal market yard and one or more sub-market yards as may be necessary.
(2) the State government may, by notification, declare any enclosure, building or locality in any notified market area to be principal market yard for the area and other enclosures, building or localities to be one or more sub-market yards for the area.
Effect of splitting up.
Apportionment of assets and liabilities of Committee split up.
Suits by or against new Committee.
Saving as to existing employees of Committees or Committees amalgamated or split up.
Declaration of market yards.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 Control of sale and purchase of agricultural produce.
1[8(1) From the date of issue of notification under section 6 or from such later date as may be specified therein, no person, unless exempted by rules made under this Act, shall, either for himself or on behalf of another person or the State Government, within the notified market area, set up, establish or continue or allow to be continued any place for the purchase, sale, storage and processing of the agricultural produce or purchase, sell, store or process such agricultural produce except under a licence granted in accordance with the provisions of this Act, the rules and bye-laws. made there under and the conditions specified in the licence.
(2) From the date on which the State Government has, by a notification under section 7, declared any place to be a principal or submarket yard, no person, municipal committee, panchayat, panchayat samiti or any other local authority, not withstanding anything contained in subsection (I) or in any enactment relating to such municipal committee panchayat samiti, panchayat or local authority, shall be competent to set up, establish or continue or allow to be continued any place within a distance of five kilometers from the outer limits of such market yard for the purchase and sale of any agricultural produce:
Provided that nothing herein contained shall apply to the sale of agricultural produce stored in a cold-storage or processed and kept in a factory.
(3)Nothing contained in sub-sections (1) and (2) shall apply to
(a) the sale of agricultural produce by a producer himself to any person who purchases it for his private consumption ;
(b)the purchase by a person from any person of any agricultural produce for his private consumption ;
(c) the sale or purchase of agricultural produce through retail sale ; and
(d)The storage or the sale of hypothecated agricultural produce by a scheduled bank or ware house established under the Warehousing Corporations Act, 1962, or the Punjab Warehouses Act, 1957.
(4)The State Government may, for reasons to be recorded in writing, exempt any class of dealers from the provisions of sub-sections (1) and (2)]
1. Substituted by Haryana Act 21 of 1973 and further substituted by Haryana Act 21 of
1975.
2. Subsituted for the words “Chairman of the Board” by Punjab Act 40 of 1963 and further substituted by Haryana Act 38 of 1980.
3. Substituted for the word “section 6” Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets -16 [Punjab Act] Act, 1961 Procedure and form of contract farming agreement.
8(A) (1) The contract farming sponsor shall register himself with the Committee or with a prescribed officer in such manner as may be prescribed;
(ii) contract farming sponsor shall get the contract farming agreement executed with the contract farming producer and get the same registered with the officer prescribed in this behalf. The contract farming agreement shall be in such form containing such particuiars and terms and conditions as may be prescribed for marketing of contract farming produce.
(2) Notwishtanding anything contained in contract farming agreement, no title, rights, ownership or possession of the land shall be transferred or alienated or vested in the contract farming sponsor his successor or his agent as a consequence arising out of the contract farming agreement.
(3) The contract farming sponsor shall be the buyer of the agricultural produce covered under the contract farming agreement. The business premises of the sponsor shall be deemed to be the market yard for the purpose of sale and purchase of agricultural produce covered under contract farming agreement of that sponsor.
(4) Disputes arising out of the contract farming agreement may be referred to any authority prescribed in this behalf for settlement. The prescribed authority shall resoirve the dispute in the summary manner within thirty days after giving the parties a reasonable opportunity of being heard in the manner prescribed.
(5) The party aggrived by the decision of the prescribed authority under sub-section (4) may prefer an appeal to an appellate authority as may be prescribed, within thirty days from the date of decision. The appellate authority shall dispose of the appeal within thirty days after the parties reasonable opportunity of being heard and the decision of the appellate authority shall be final.
(6) The decision by the presribed authority under sub-section (40 and decision in appeal under sub-section (5) shall have decrtal amount shall be recovered as an arrear of land revenue.
(7) Disputes relating to and arising out of contract farming agreement shall not be called in question in any civil court.’
9. 2[The Chief Administrator] or any other officer authorised by him in writing in this behalf shall be the authority for granting licences required under 3[Section 8.]
3[10(1) Any person may apply to the authority specified in section 9 for a licence which may be granted for such period, in such form, on such conditions and on payment of such fees and such security as may be prescribed :
Provided that if any person carrying on any business of the nature specified in sub-section (1) of section 8 in a notiied market area on the date of issue of notification under sub-section (1) of section 6 fails to appy for a licence on or before the date specified therein for obtaining licence, the proper authority may, before a licence is issued, impose on him such penalty not exceeding one hundred rupees as may be prescribed.]
Authority to whom applications for grant of licences are to be made Application for licences fees to be paid and cancellation or suspension of licences.
1. Substituted for the words “Chairman of the Board” by Punjab Act 40 of 1963 and further substituted by the Haryana Act 38 of 1980.
2. Substituted for the words “section 6” by Haryana Act 21 of 1973.
3. Substituted by Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets Act, 1961
(2) 2[The Chief Administrator or any other officer, authorised by him, in writing, in this behalf] may, on being satisfied that 2[the licence has been obtained through wilful misrepresentation or fraud or] there has been a breach of any of the conditions specified in a licence, by an order in writing, cancel or suspend such licence and may also direct that such licence shall not be renewed for such period not exceeding five months for the first breach and not exceeding nine months for the second breach and not exceeding one year for every subsequent breach, as may be specified in that order :
Provided that the Chairman of a Committee of the area concerned may under intimation to 3[the Chief Administrator or any other officer, authorised by him in writing, in this behalf] suspend a licence for a period not exceeding fifteen days :
Provided further that no such order shall be made without giving the licencee, an opportunity to show cause why such an order should not be made.
(3) 3[The Chief Administrator or any other Officer, authorised by him, in writing, in this behalf] after such enquiry as he may consider necessary, refuse a licence to a person who in his opinion -
(a) is a benamidar for or a partner with any person to whom a licence has been refused or whose licence is cancelled or suspended under sub-section (2) for the period of such cancellation or suspension : or
(b) is convicted of an offence affecting the said person’s integrity as a man of business within two years of such conviction ; or
(c) is undischarged insolvent:
Provided that no such order shall be made without giving such person an opportunity to show cause why such an order should not be made.
4) Omitted
1. Substituted by Haryana Act 21 of 1973.
2. Inserted by Haryana Act 21 of 1973.
3. Substituted for the words “Chairman of the Board” by Punjab Act 40 of 1963 and further substituted by Haryana Act 38 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 Establishment of market Committee.
Constitution of Committees.
11. The State Government shall by notification establish a market committee for every notified market area and shall specify its headquarters.
1[12 (1) A Committee shall consist of eleven or nineteen members as the State government may in each case determine, out of whom one shall be an official appointed by the State Government :
Provided that where in a notified market area there is in existence a Co-operative Society, the Committee shall consist of twelve or twenty members as the case may be.
(2) The remaining members shall be nominated by the State Government by notification as follows :-
(a) if the Committee is to consist of eleven members, there shall be nominated -
(i) seven members from amongst the producers of the notified market area:
(ii) two members from amongst the persons licenced under section 10 : and
(iii) one member from amongst the persons licenced under section 13 :
Provided that the members nominated under this clause shall include at least one person belonging to Scheduled Castes or Scheduled Tribes and one person belonging to the Backward Classes, who are otherwise qualified to be nominated as members of the Committee;
(b) if the Committee is to consist of twelve members, there shall be nominated, in addition to the members specified in clause (a) one member representing the Cooperative Societies ;
(c) if the Committee is to consist of ninteen members, there shall be nominated -
(i) twelve members from amongst the producers of the notified market area:
(ii) four members from amongst the persons licenced under section 10 : and
(iii) two member from amongst the persons licenced under section 13 :
Provided that the members nominated under this clause shall include at least two persons belonging to Scheduled Castes or Scheduled Tribes and one person belonging to the Backward Classes, who are otherwise qualified to be nominated as members of the Committee;
(d) if the Committee is to consist of twenty members, there shall be nominated, in addition to the members specified in clause (c), one member representing the Co-operative Societies ;
1. Section 12 subsituted by Haryana Act 25 of1970 and further substuted by Haryana Act of 1978 and further substuted by Haryana Act 10 of 1979 and further substuted by Haryana Act 19 of 1980.
No. 23 of 1961 The Punjab Agricultural Produce Markets Act, 1961
Provided that where, in the case off sub-clause (iii) or clause (a) or sub-clause
(iii) of clause (c), there are no persons licenced under section 13 or the number of such persons is less than those required to be nominated, the deficiency shall be made up by nominating from amongst the persons licenced under section 10.
(3) No act done, or proceeding taken, under this Act by the Committee shall be invalid merely on the ground -
(a) of any vacancy or defect in the constitution of the Committee ;
or
(b) of any defect or irregularity in the nomination of a person acting as a member thereof ; or
(c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.
(4) Subject to rules made under this Act, the disqualifications specified in sub section (5) of section 3 shall also apply for purposes of becoming a member of a Committee.
(5) The State Government shall constitute Committees in accordance with the provisions of this section :
Provided that the State Government may, until such Committees are constituted and their Chairmen and Vice-Chairmen are 1[nominated] in accordance with the provisions of this Act, appoint such person or persons, as may be considered suitable in this behalf, to exercise the powers and perform the functions of such Committees.
Explanation.-For the purposes of the proviso to sub-section (5) any person or persons appointed by the State Government before the commencement of the Punjab Agricultural Produce Markets (Haryana Amendment) Act, 1980, to carry out the functions of a Committee shall be deemed to be person or persons appointed by the Sate Government to exercise the powers and perform the functions of those Committees for which they were appointed.]