1 THE RAJASTHAN AGRICULTURAL PRODUCE MARKETS RULES, 1963 [Published vide Notification No. F. 2(114)/Agriculture 5/59, dated 22.10.1963-Rajasthan Gazette, Part 4-C, dated 6.2.1964] In exercise of the powers conferred by section 36 of the Rajasthan Agricultural Produce Markets Act, 1961 (Rajasthan Act 38 of 1961), the State Government hereby makes the following rules the same having been previously published as required by sub-section (4) of the said section, namely:- Part I Short title and Definitions
1. Short Title – These rules may be called the Rajasthan Agricultural Produce Markets Rules, 1963 and they shall come into force at once.
2. Definitions – In these rules unless there in anything repugnant in the subject contest:-
(i) “Act” means the Rajasthan Agricultural Produce markets Act, 1961.
(ii) “A” Class Broker” means a Commissions Agent which is included in a ‘Broker’as defined in the clause (iii) of section 2 (1) of the Act.
1[(ii-A) “Agriculture Produce of particular specification” means notified agricultural produce specified in the license issued under Sec, 5-C and Sec. 14 of the Act;
1(ii-B) “Chemical composition” means different parts with which notified agriculture produce is made;]
(iii) ‘B’ Class Broker” means Broker other than the Commission Agent.
(iv) “Collector” means the Collector of that District within the limits of which the Principal Market Yard falls.
(v) “Government” means the Government of Rajasthan.
(vi) “Form” means from appended to these rules.
(vii) “Market Committee’s Official Year” means the year commencing on the first day of April and ending on 31st March every Year.
(viii) “Commission Agent” means a person who on behalf of another person and in consideration of a commission makes or offers to make a purchase or sale of any Agricultural Produce or does or offers to do anything necessary for completing or carrying out such purchase or sale.
(ix) “Seller” includes a person selling or offering to sell agricultural produce on behalf of another as his duly authorised agent.
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1. Ins. clause iia & iib of rule 2 by GSR Noti. No. F.4(77) Agri/Group-2/203 dated 23.2.2007 Pub. in Raj. Gaz.
Ext-ord Part IV-C(I) dated 27.3.2008 on page no 129(1) 2
(x) “Secretary” means a person appointed as Secretary of the Market Committee of any officer or servant appointed for the time being to perform the duties of the Secretary,
(xi) “Section” means the section of the Act.
1[(xii) “Institutions” means and included Gram Panchayats, Panchayat Samitis and Zila Parishads of the market area except Gram Panyachat in whose jurisdiction the principal market-yard is situated.]
Explanation- (1) Village Panchayat means and includes Sarpanch and Panchas constituting the Panchayat.
(2) 2[Executive Committee] of Gramdani Village means and includes chairman and members constituting the [Executive Committee.]
(3) The Panchayat or the Gram Sabha of Gramdani Village in whose jurisdiction the principal market yard or the sub-market yard lies, shall be included in the Agriculturists constituency, but in the local authorities constituency;
3(xiii) “Private sub-market yard” means a private sub-market yard set-up under the Act for all or any agriculture produce specified in the notification issued under section 40 of the Act, including a private sub e-market managed by a person other than a Market Committee.
4(xiv) “Regional Deputy Director or Regional Assistant Director” means Regional Deputy Director of Regional Assistant Director, Agriculture Marketing Department, Rajasthan, As the case may be;
(xv) “Primary transaction” means the trading of the notified agricultural produce brough by any farmer or trader in the market areas for the first time for sale, storage or processing and upon which market fees has not been paid in any market area. The transaction made between producer of the agricultural produce and the trader for the first time shall be deemed to be the primary transaction and market fees on such agricultural produce shall be paid by the purchasing trader or producer;
(xvi) “Secondary transaction” means any transaction made after the primary transaction, --------------------------------------------------------------------------------------------------------------
1. Subsituted vide GSR 49 Noti. No 7(18)Agri/Gr.2/05 dated 26.09.2005 Pub. in Raj. Gaz. Ext-ord Part IV-C(I) dated 3.10.2005 before subsituted sub-sec (xii)
2. Subsituted vide Noti. No F 10(19)Agri/Gr.2b/78/II dated 21.01.1992 Pub. in Raj. Gaz. Ext-ord Part IV-C(I) dated 23.1.92
3. clause (xiii) inserted vide Noti. No. F4(4)Agri/Gr.2/2006 dated 13.08.2009
4. Inserted clause (xiv) to (xx) vide F 4(50)Agri/Gr.2/97 dated 16.02.2009 Pub. in Raj. Gaz. Ext-ord Part IV- C(I) dated 19.2.2010 3
(xvii) “Special Licence” means the licence issued by Director under sub-section (1) of the section 14-A for the business of notified agricultural produce in more than one market area ;
(xviii) “Specified Market Area” means the area specified in special licence for business of notified agricultural produce ;
(xix) “Specified Purchase Centre” means the purchase centre established by the Special License in the Specified Market Area; and
(xx) “Centre In-charge” means the Secretary of the Market Committee or any Officer or employee of the market committee authorized or deputed by him for proper regulation and control notified agricultural produce at the specified purchase centre.”] Part II Constitution of Market Committees and Elections
13. Classification of market areas – (1) Market areas shall be classified into “Super” class, Class “A”, Class “B”, Class “C” and Class “D” on the basis of annual income from market, fee, as follows:- Class Annual income from market fee (in rupees) “Super” class 500 lacs or more “A” class 350 lacs or more but less than 500 lacs “B” class 200 lacs or more but less than 350 lacs “C” class 75 lacs or more but less than 200 lacs “D” class less than 75 lacs
(2) Every market committees shall consist of such number of members as referred under section 7 of the Act. All-the members shall be elected or nominated in the manner provided in these rules.
(3) Agriculturist members of the market committee shall be elected by the institutions of the market area.]
4. Disqualifications for membership- A person shall be disqualified for being chosen as a member of market committee:- -------------------------------------------------------------------------------------------------------------------------
1. Vide Noti. No F4(22)Agri/Gr.22008 dated 12.05.2016 Sub-Rule (1) of rule 3 has been subsituted.
4 1[(1) if his name is not included in the voters’ list of any of those segments/ parts of the legislative Assembly constituency/ constituencies which fall in the market area;]
(2) if he has not attained the age of 21 years.
(3) if he has been adjudged by a competent court to be of unsound mind;
(4) if he is undischarged insolvent;
(5) if he has been convicted and sentenced by a court to imprisonment for an offence punishable with imprisonment for a term exceeding six months unless such disqualification has been removed by an order passed by the Government;
(6) if he has made a default in payment of any fees or cases due to market committee;
1(7) if he is a servant of the market committee or holds a license from such committee as a retailer;]
(8) if he ha directly or indirectly and share or interest in any contract or employment with or on behalf of or under the market committee:
1(9) from the agriculturists’ constituencies, if he does not possess agricultural land in his or her own name, included in the revenue record (Jamabandi) of any revenue village falling in the area of market committee2]
Provided that – 3[(i) a person shall not be chosen as a member to represent constituencies other than that of traders or brokers constituency or weighmen, measures surveyors, warehousemen and other persons’ constituency, as the case may be, if he holds a licence under sub-section (2) of section 4 or under section 14 of the Act read with rule 69 or rule 72 or if he is a partner or employee of a firm holding such a licence;
(ii) a person shall not be chosen as a member representing the traders and brokers constituency or weighmen, measurers, surveyors, warehousemen and other persons’ constituency, as the case may be, if he dose not reside in the market area and who has not been a license holder on first of January of the year of election, or has been convicted from a court of law for non payment of fees or for the breach of the terms and conditions thereof.
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1. Clause (1), (7) subsituted and clause (9) inserted of Rule 4 vide Noti. No. F 7(18)Agri/Gr.2/05 dated
26.09.2005 Pub. in Raj. Gaz. Ext-ord Part IV-C(I) dated 3.10.2005
2. Subsituted the puntuation mark in the end of clause (9) of Rule 4 vide noti. no F7(18)Agri/Gr-2/2005 dated
11.02.2016
3. Proviso (i), (ii) & Expl. subsituted by Noti. No. P-7(18)Krishi/Group-2/05 dated 26.09.2005 5 1(iii) a person having more than two children shall not be disqualified under clause (10) for so long as the number of children he had on the date of commencement of the Rajasthan Agricultural Produce Markets (Amendment) Rules, 2016 does not increase.",] 1Explanation[I] - A firm or a company or a corporation having licence in more than one market-area shall not be qualified to be a member of more than one market committee.]
1Explanation[II] - For the purpose of clause (10) of this rule.-
(i) "Sanitary toilet" means a water sealed toilet system or setup surrounded by three walls, door and a roof; and
(ii) "Family members" means spouse of such person, children and his parents living with such person.]
2[5. Constituencies- (1) For the purpose of electing members to a market committee, the following shall be the constituencies, namely;
(a) For ‘Super’ and ‘A’ class market committees-
(i) Agriculturists constituencies;
(ii) Traders and brokers constituencies;
(iii) Weighmen, measurers, surveyors, warehousemen and other persons’ constituency; and
(iv) Local authorities’ constituency.
(b) For ‘B’, ‘C’, and ‘D’ class market committees-
(i) Agriculturists' constituencies;
(ii) Traders' and brokers' constituencies;
(iii) Local authorities’ constituency.
Explanation - The expression “Local authorities’ constituency” shall mean the Municipal Board or Municipal Council or Municipal Corporation or the Gram Panchayat, as the case may be, in which the principal market yard is situated.
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1. Vide Noti. no F.18/Agri/Gr-2/2005 dated 11.02.2016 after (ii) proviso new proviso (iii) inserted & expl.
subsituted as explanation -I & new Explanation-II inserted.
2. Rule 5 subsituted by Noti. no P.7(18)krishi/Group-2/05 dated 26.9.05 6
(2) The Collector of the district concerned, or any officer authorized by him in this behalf, shall, for the purpose of elections, divide the market area into such number of constituencies as are equal to the number of members to be elected by agriculturists’ under sub-clause (1) of clause (a), or sub-clause (i) of clause (b), of sub-section (1) of section 7 and one member shall be elected from each of such constituencies.
(3) The collector or any officer authorized by him in this behalf, shall also divide the market area into two constituencies for members to be elected by traders and brokers (“A'' class and “B” class) under sub-clause (ii) of clause (a) of sub-section (1) of section 7 and one member shall be elected from each of such constituencies.
Explanation:- The traders and brokers (“A” class and “B” class) of the principal yard shall form one constituency and the traders and brokers (“A” class and “B” class) in the market area excluding the principal yard including the market proper and all sub-yards in the market area shall form the other constituency.
(4) Each constituency shall be assigned a separate serial number
(5) Any voter, within ten days of the order passed by the Collector, or any officer authorized by him in this behalf, with regard to division of constituencies, may file an objection in writing, giving reason before the Collector, or the officer authorized by him in this behalf. The collector, or the officer authorized by him in this behalf, shall after providing the opportunity of hearing to the applicant decide the matter finally within seven days after the expiry of time period prescribed for filling objections.]
1[5A. Reservation of seats- (1) [The Collector or officer authorised by him in the behalf shall reserve the seats by draw of lots in accordance with the provisions of Sec. 7-A of the Act”]
(2) The seats reserved under sub-rule (1) shall be excluded while drawing lots for such reservation in the succeeding elections till the rotation in completed.
5B. Reservation of offices of Chairman- (1) The State Government shall determine, by draw of lots, the offices of the Chairman to be reserved for the Scheduled Castes, Scheduled Tribes and Backward Classes by draw of lots in pursuance of section 7B of the Act.
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1. New rule 5A, 5B inserted by noti. no P.7(18)Krishi/Group-2/05 dated 26.9.2005 then vide noti. no P.7(18)Krishi/Group-2/05 dated 16.2.2010 Pub. in Gaz. of Raj. Extra ord Part IVC(1) dated 19.25.2010 7
(2) Out of the total number of offices of Chairman reserved under sub-rule (1), 2[50] percent shall be reserved by the Government by draw of lots for women belonging to the Scheduled Castes, Scheduled Tribes, and Backward Classes.
(3) Out of the total number of offices of Chairman of market committees in the State, 2[50] percent (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes, and the Backward Classes) shall be reserved by Government for women by draw of lots.
(4) Offices reserved under sub-rule (1), sub-rule(2) and sub-rule (3) shall be excluded while drawing lots for such reservation in the succeeding elections till the rotation is completed.
15C. Determination of reserved seats - The seats for the offices of the Chairman under rule 5B shall be reserved by the Government prior to the reservation of seats for Scheduled Castes, Scheduled Tribes, Backward Classes and Women under rule 5A.]
3[6. Persons qualified to vote- For the purpose of electing members of each constituency following persons shall be qualified to vote;
(I) For Agriculturists’ constituencies – All members of the institutions in the market area, shall be qualified to vote in an agriculturists constituency :
Provided that the entire ward or major part of the ward of such members must fall in the market area of concerned market committee.
Explanation- Member of a Gram Panchayat shall include the Sarpanch also.
(II) For Traders and Brokers constituencies – Any person, having a valid traders, broker’s (“A” class or “B” class) or a joint licence, on first January of the year of election, under sub-section (2) of section 4 or section 14 of the Act read with rule 69, shall be qualified to vote in the traders and brokers constituencies.
Explanation-
(i) Person means and includes firms, companies or corporations.
(ii) Retailer shall not be qualified to vote in the trader and broker constituency.
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1. New Rule 5C inserted by noti. no P.7(18)Krishi/Group-2/05 dated 26.9.2005 then vide noti. no P.7(18)Krishi/Group-2/05 dated 16.2.2010 Pub. in Gaz. of Raj. Extra ord Part IVC(1) dated 19.25.2010
2. Noti. no F-7(18)Agri/Gr-2/2005 dated 17.2.2010 Published in Gaz. Raj. Extra ord Part IV C(1) words subsituted in subrule (2) & (3) of Rule No 5B
3. Rule 6 subsituted by Noti. No P.7(18)Krishi/Group-2/05 dated 26.9.2005 8 (III) For Weighmen, measurers, surveyors, warehousemen and other persons’ constituencies- Weighmen, measurers, surveyors, warehousemen and other persons licenced under rule 72 in the market area by a market committee on or before first of January of the year of the election, shall be qualified to vote in this constituency.
(IV) For Local Authority’s constituencies- All members of the Municipal Board, or Municipal Council or Municipal Corporation or Panchas (Including Sarpanch) of the Gram Panchayat, as the case may be, in which the principal market yard is situated shall elect their representatives as required under sub-clause (viii) of clause (a) or sub-clause (iv) of clause
(b), of sub-section (1) of section 7.]
1[6A-Representative of Co-operative Marketing Societies in the market committee to be nominated by the Government- The representative of the co-operative marketing societies operating in the market area shall be nominated to the market committee by the Government.
6B- Representative of Central Co-operative Financing Agency in the market committee to be nominated by the Government – The representative of Central Cooperative financing Agency, to the market committee shall be nominated by the Government.
Explanation- For the purpose of this rule the Central Co-operative Financing Agency shall mean and include Central Co-operative Banks, Primary land Development Banks and Urban Co-operative Banks operating under Co-operative Department of the State Government in the District, in which a market committee is situated.]
2[7. Names of the persons qualified to vote to be reported to the collector or any officer authorized by him in this behalf.- (1) Every institution shall report the names of its members qualified to vote to the Collector or any officer authorized by him in this behalf on or before the date fixed by the Collector.
(2) Every firm, company or corporation qualified to vote in a traders, and broker’s constituency under these rules shall nominate a person to vote on its behalf -------------------------------------------------------------------------------------------------------------------------
1. New Rule 6A & 6B inserted by Noti. no P.7(18)Krishi/Group-2/05 dated 26.9.2005
2. Rule 7 subsituted by Noti. No. P.7(18)Krishi/Group-2/05 dated 26.9.2005 9 and shall intimate in writing the name of a person so nominated to the market committee, not later than the date fixed by the Collector in this behalf along with proof of having a valid licence as required under sub-rule (2) of rule 6:
Provided that –
(i) The proprietor of a proprietary firm shall himself be qualified to vote.
(ii) In case of a partnership firm, company or corporation, the firm company or corporation shall nominate one of its partners to vote.
(3) Every person qualified to vote as a weighman, measurer, surveyor, warehouseman and other persons (excluding persons qualified to vote in the traders and brokers constituency) shall report his name to the Collector or any officer authorized by him in this behalf on or before the date fixed by the Collector along with the proof of having a valid license required under sub-rule (3) of rule 6.]
8. Voter List.- 1[(i) The Collector or any officer authorised by him in this behalf (hereinafter referred to as “such officer”) shall cause to be prepared separate lists of voters qualified to vote, for agriculturists’ constituencies, traders and brokers, constituencies and weighmen, measures, surveyors, warehousemen and other persons’ constituencies referred to in sub-rules (1) (A) and (1) (B) of rule 5. Every such list shall be revised at least 2 months before the date on which the term of the market committee is due to expire. The collector or such officer, shall, for this purpose, call upon the market committee to prepare from the market register and furnish him the names of all persons qualified to vote in the traders and borkers constituencies and weighmen, measurers, surveyors, warehousemen and other persons’ constituency. He shall also call upon the institutions within the market area to intimate to him the names of the persons qualified to vote under the agriculturists constituencies.]
2[(ii) Every list of voters prepared under sub-rule (i) shall show the serial number of the voters, his or her full name, [age] his/her father’s or husband’s name, his or her residence and the nature of his or her qualification.]
(iii) Every such list shall be published provisionally in such manner as the collector or such person may deem fit.
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1. Sub Rule (i) of Rule 8 subsituted and expression (Age) inserted in sub-rule (ii) vide Noti no P.7(8)Krishi/Group-2/05 dated 26.9.2005
2. Subs. by amending Noti. No 7 dated 20.10.1975 10
(iv) When publishing the list provisionally, the Collector or such person shall fix a date not later than one month from the date of publication of the list before which any application for the inclusion, exclusion or correction of any entry shall reach him. The Collector or such person or any other officer appointed by the Collector for the purpose shall hear and decide any applications and objection received before the date so fixed and the decisions of the Collector or such person or the other officer relating to such application or objection shall be final.
(v) The Collector or such person shall cause the lists to be amended in accordance with the orders passed under sub-rule (iv) and shall cause them to be republished finally in such manner as he may deem fit.
(vi) If, after the final publication of the list of voters under sub-rule (v) the Collector on application or otherwise is satisfied after such inquiry as he deems fit, that any entry or entries in the list is or are erroneous or defective in any particular, the Collector may cause a list of amendments to be prepared thereupon the provisions of sub-rules (ii) to (v) shall apply in the cause of such list in like manner as they apply in the case of the list of voters.
(vii) Copies of such final lists including the final lists of amendments shall be made available for inspection and sale in whole or in part in the office of the Collector or such person.
(viii) The final list as also the final list of amendments republished under sub-rule (v) shall remain in force and continue in operation as the list of voters for the purpose of any byeelection.
9. Calling upon the constituencies to elect.- As soon as may be after the final publication lf lists of voters under sub-rule (v) of rule 8, the Collector shall call upon constituencies to elect their representatives on a date fixed by him in this behalf,
10. Notice to elect.- Not less than 42 days before the date fixed for the election the Collector shall 1[issue a notice of election] and post copies of such notice in Village Panchayat headquarters and other conspicuous places stating-
(a) the number of persons to be elected;
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1. Subs. by Noti. No. F.10(20)Agri-2/69 dated 20.10.1975 11
(b) the date on which, the place at which, and the hours-between which nomination papers shall be presented to him or to any other person authorised by him in this behalf, which date shall not be less than 14 days from the date of publication of notice;
(c) the date on which scrutiny of nomination papers shall be made;
1[(d) the period of withdrawal of nominations as per rule 17].
1[(e)] the date on which and the place or places at which the votes of the electors shall be taken, if there be a poll and the hours during which the poll shall be taken; and 2[(f)] the day on which and the place and hour at which the votes shall be counted.
11. Nomination- (1) Each candidate shall on the date fixed under clause (b) or rule 10deliver to the Collector or to any other person authorised by him in this behalf a nomination paper in Form-1
(2) Every nomination paper shall be signed by two persons qualified to vote in the constituency concerned as proposer and seconder and the candidate shall sign a declaration on it expressing his willingness to stand for election.
(3) The same person may sign as proposer as many nomination papers as there are vacancies to be filled. Each candidate shall be nominated by a separate nomination paper.
(4) The Collector or the person authorised by him in this behalf shall on receiving a nomination paper enter in the nomination paper its serial number and shall endorse thereon the date on which and the hour at which the nomination paper was delivered to him.
(5) Where any person has signed whether as proposer or seconder a large number of nomination papers than there are vacancies to be filled, those of the papers so signed which have been first received upto the number of vacancies to be filled shall be deemed to be valid.
(6) Nomination papers received after the date and the time appointed under clause (b) of rule 10 shall be rejected.
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1. Ins. by Am. noti. no 7 dated 20.10.1975
2. Renumbered by Am. Noth. No 7 dated 20.10.1975 12
12. Deposit on Nomination- (1) At or before the time of the delivery of a nomination paper, each candidate shall deposit with the Collector or any other person atuhorised under sub-rule (1) of rule 11 a sum of 1[Rs. 500/-] No candidate shall be deemed to be duly nominated unless the deposit referred to in this rule has been made.
(2) If a candidate by whom the deposit referred to in sub-rule (1) has been made withdraws his candidature in the manner and within the time specified in rule 17 or if the nomination of any such candidate is rejected under rule 16 the deposit shall be returned to the candidate, and if any candidate dies before the commencement of the poll, any such deposit shall be returned to his Legal representative.
(3) If a candidate by whom the deposit referred to in sub-rule (1) has been made, is not elected and the number of votes polled by him does not exceed 2[1/6th] of the total number of voter polled divided by the number of members to be elected, the deposit shall be forfeited to the market Committee.
(4) For the purposes of sub-rule (3) the total number of votes polled shall be deemed to be the total number of ballot papers, other than rejected ballot papers, counted.
(5) The deposit made by a candidate shall if it is not forfeited under sub-rule (3) be returned to the candidate, as soon as may be after the publication of the result of the election in the Official Gazette.
13. Verification of Nominations.- On the presentation of a nomination paper the Collector or the person authorised by him under the rule 11 (1) shall verify the names of the persons, proposer, seconder and the candidate with the list of voters.
14. Publication of list of Nominations- As soon as may be after the date fixed for the presentation of nomination papers, the Collector or the person authorised by him under rule 11, shall publish a list in Form-II of all nominations received with a notice that the nominations papers shall be scrrutinised on the date appointed under clause (c) of rule 10 at the place and hour specified in the notice. The list of the nominations and the notice shall be published in such manner as the Collector or the person authorised as aforesaid may deem fit.
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1. Noti. no P.7(18) Krishi/Group-2/05 dated 26.9.2005 Rule 12(1)
2. By Noti. No P.7(18) Krishi/Group-2/05 dated 26.9.2005 in Rule 12(3) 13
15. Scrutiny of Nominations- On the dates fixed for the scrutiny of nominations under clause (c) of rule 10 candidate and one of their agents duly authorised in writing by each candidate may attend at such time and place as the Collector of the person authorised by him under rule 11 may appoint and the Collector or the person so authorsed shall give them all reasonable facilities for examining the nomination paper of all candidates.
16. Disposal of objections and rejection of Nomination- (1) The Collector or the person authorised by him under rule 11 shall then examine the nomination papers and shall decide all objection which may be made at the time to any nomination and may either on such objection or on his own motion after such summary enquiry, if any, as he thinks necessary reject any nomination on any of the following grounds:-
(i) that the candidate, the proposer or the seconder is a person whose name is not registered on the list of voters, or
(ii) that the nomination has not been made in accordance with these rules.
(2) The Collector or the person authorised as aforesaid shall endorse on each, nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected shall record in writing a brief statement of his reasons for such rejections. The scrutiny shall be completed on the day fixed in this behalf under clause (c) of rule 10, and shall not be adjourned on any ground.
17. Withdrawal of Candidature- (1) Any candidate may withdraw his candidature by notice in wirting subscribed by him and delivered either in person by th candidate himself or by any of his proposers of seconders to the Collector or to the person authorised by him under rule 11, within three days of the date succeeding that fixed for the scrutiny of nomination under clause (c) of rule 10.
(2) On completion of the scrutiny of nomination and after the expiry of the period within which candidature may be withdrawn under sub-rule (1), the Collector or the person authorised by him as aforesaid shall prepare a list of persons, whose nominations are in order and who have not withdrawn their candidature in Form-III, and cause it to be affixed in some conspicuous place in his office, in the Tehsil Office, panchayat Samiti Office concerned and in the office of the market committee not less than 7 days before the date fixed for the election.
14
18. procedure of Election- (1) If the number of candidates who are duly nominated and who have not withdrawn their candidature in the manner and within the time specified in sub rule (1) of rule 17 exceeds that of the vacancies to be filled, a poll shall be taken.
(2) If the number of such candidates is equal to the number of vacancies, all such candidates shall be declared to be duly elected.
(3) If the number of such candidates is less than the number of vacancies, all such candidates shall be declared to be duly elected and the Collector or the person authorised by him under rule 11, shall call upon the constituency to fill the remaining vacancy or vacancies as the case may be, within such time, as may be specified.
19. Assignment of Symbols- In the case of every contested election, the collector or the person authorised by him in this behalf shall assign to each candidate a distinguishing symbol.
20. Form of Voting Paper- The voting paper shall be printed in 1[Form IV] and shall contain the names of the candidates in alphabetical order (in Hindi), together with the distinguishing symbol assigned to each candidate under rule 19;
Provided that the names of candidates declared to be duly elected under rule18 shall not be entered in the voting paper.
21. Arrangements for the holding of Election etc.- The Collector or the person authorised by him in this behalf shall make such arrangements as may be necessary for the holding and supervision of the election for the scrutiny of the ballot papers and for declaration of the results of the election.
222. Voting- Every voter shall have right to cast one vote in favour of a candidate in the constituency concerned.
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1. Subs. by amending noti. no 12 dated 19.3.1979
2. Subs. by Am. Noti. No. 7 dated 20.10.1975 15
123. Procedure at Election when equality of votes exists.- If when a Poll has been taken at any election an equality of votes is found to exists between any candidate, the candidate shall be selected by the lot drawn by the Collector or the person authorised by him in such manner as the Collector or such person may determine.]
24. Death of Candidate before Poll.- If after the taking of a poll has become necessary and before the poll is taken a candidate who has been duly nominated dies, the Collector shall being upon satisfied of the fact of the death of the candidate, countermand the poll and the election proceedings shall be commenced a new in all respects as if for a new election;
Provided that no fresh nomination shall be necessary in the case of a candidate who stood validly nominated at the time of the countermanding of the poll.
225. Intimation to the Collector of the name of the representatives- (1) The representative from local authority constituency shall be the person elected from amongst it’s own members by the Municipal Board or Municipal Council or Municipal Corporation or Gram Panchayat, as the case may be, in which the principal market yard is situated.
(2) The Local Authorities shall intimate in writing to the Collector or the officer authorized by him in this behalf, the names of the persons elected under section 7 of the act, before the date fixed in this behalf by the Collector, or the officer authorized by him in this behalf.]
26. Filling in casual vacancies in the market committee- The procedure for holding a bye-election for purposes of sub-section (6) of section 7 shall be the same as that for a general election.
27. Publication of the names of elected and nominated members of the Market committee- The names of the elected and nominated members shall be published in the Official Gazette as soon as conveniently may be after their election and nomination.
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1. Subs. by Am. Noti. No 7 dated 20.10.1975
2. Rule 25 Subsituted vide Noti. No P.7(18) Krishi/Group-2/05 dated 26.9.2005 16 27-A. Determination of Validity of Election- (1) If the validity of any election of a member of the market committee is brought in question by any person qualified either to be elected or to vote at the election to which such questions refers, such person may, within seven days after the date of the declaration of the result of the election, apply in writing to the 1[Regional Assistant Director].
(2) On receipt of an application under sub-rule (1) the [Regional Assistant Director] shall after giving an opportunity to the applicant to be heard after making such enquiry as he deems fit, pass an order confirming or amending the declared result of the election setting the election aside 1[X X X]. If the [Regional Assistant Director] sets aside the election, a date shall be forthwith fixed and the necessary steps be taken for holding afresh election.
1(3) An appeal against the order of Regional Assistant Director passed under sub-rule
(2) may be preferred before the Director within fifteen days of such order and the decision of the Director shall be final.]
2(4) All cases pending before the Director before the notification No.F.10(191) Agri./Gr.II/74 dated 4th July, 1975, whether partly heard or are to be heard by the Director, Shall be heard and decided by the Secretary of Board in accordance with sub-rule (1) and
(2)].
28. Person disqualified to cease to be a member – 3[(1) A Member of the Committee may be removed to the Government if at any time after his nomination or election as the case may be, he become subject to any of the disqualifications mentioned in rule 4 and his seat shall thereupon become vacant;
Provided that before the Government notify the removal of the member under this rule, the reasons for his proposed removal shall be communicated to the member concerned and he will be given an opportunity of tendering an explanation in writing;
4(2) Notwithstanding anything contained in sub-rule (1) a member elected from either the ‘Traders’ and ‘Brokers’ constituency, or ‘Weighmen, measurers, surveyors and warehousemen and other persons] constituency or Local Authorities constituency shall cease to hold office as such member, if he ceases to be a member of the electorate by which he was elected. Such member shall automatically ceases to attend the meetings of the Mandi Committee in future.]
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1. Subs., Omitted & Ins. by Am. Notfn. no 22 dated 21.1.1992
2. Ins by An Notfn No 9 dt 27.1.1976 and renumbered by Am Notfn no 22 dt 21.1.1992
3. Renumbered by Am. notfn no 7 dt 20.10.1975
4. In rule 28 existing subrule (2) subsituted vide notfn no F-1(19-C) DAM/Reul./2005 dt 19.1.2011 Pub. Raj.
Gaz. Ext.ordl Part 4(Ga)(I) dt 24.1.11 17
29. Expenditure in connection with or incidental to such elections- All expenditure incurred by the Collector or the person authorised by him under rule 11 in connection with or incidental to the election of members of the market committee shall be recoverable under section 34 from the market committee.
30. Destruction of voting papers- On the expiry of three months from the date of publication of the names of elected and nominated members of the market committee under ruls 27, all voting papers in the possession of the Collector or any other person authorised by him in this behalf, may be destroyed in the presence of the Chairman of the Vice-Chairman or such officer as the market Committee may appoint in that behalf the date fixed by the Collector or any other person authorised by him in this behalf.
18
PART III Market Committees, Powers and duties, its Chairman, Vice-Chairman, Officers, Servants and Dispute Sub- Committees.
31. Powers and Duties- In addition to the powers and duties specified in the Act, the market committee shall have the powers and discharge the duties specified below-
1. Powers-
(i) to recommend the removal from its office of its Chairman or Vice-Chairman;
(ii) to have absolute control of the market.
(iii) to prescribe qualifications required for the post of superior and inferior staff other than the Market Secretary;
(iv) to draw up standard from of contract;
(v) to employ auctioneers;
(vi) to get reports of carts and loads brought into licensed premises;
(vii) to withdraw licences granted to brokers and wighmen, measurers, surveyors and warehouseme;
(viii) to require licencees to keep accounts, to send returns or to render assistance in collection of cess or prevention of evasion to pay cess;
(ix) to remove the name of any trader as prescribed from the register;
(x) to control weighments.
2. Duties-
(i) to keep copies of the Act, the Rules and Notifications issued there under and of its bye law up-to-date;
(ii) to keep a minute book of the proceedings;
(iii) to keep the market in good and sanitary conditions;
(iv) to maintain an account of each cart or load brought into the market yard or sub-yard;
(v) to take security from its officers and servants;
(vi) to maintain a register of fees or cess collected ;
19
(vii) to provide persons authorised to collect fees, a cash box and counterfoil receipt books;
(viii) to issue licences to traders, brokers, weighmen, measurers and surveyors
(ix) to keep a set of authorised weights and scales;
(x) to have plants and estimates prepared for works;
(xi) to keep accounts in such forms as may be prescribed by the Government.
(xii) To publish a statement of assets and liabilities;
(xiii) To secure check on receipts and expenditure;
(xiv) To regulate expenditure according to the budget;
(xv) To prepare and adopt budget for the ensuing year;
(xvi) To provide marketing information;
(xvii) To arrange for temporary storage of agricultural produce.
132. Election of Chairman & Vice-Chairman of the Committee- 1(1) The Collector or any person authorised by him in this behalf shall call the meeting of a newly constituted market committee to elect its Chairman and Vice-Chairman from amongst 2[its members subject to sub-section (8) of section 7 of the Act.] For the purpose of this election, the Collector or the person authorised by him in this behalf shall preside over the meeting but shall not vote.]
(2) At such meeting candidates for the office of Chairman and Vice-Chairman shall be separately proposed and. Seconded. The proposed and seconded shall not be the same person. The names of all the candidates proposed and seconded shall be read out by the President of the meeting.
(3) If there is only one candidate for each of the offices of chairman and Vice- Chairman he shall be declared to have been elected.
(4) If there are two or more such candidates, the votes of the members present at the meeting shall be taken.
(5) Every member wishing to vote shall be supplied with a voting paper on which the names of all the candidates for the office of Chairman or Vice Chairman, as the case may be, shall be written legibly in English and in Hind, Every voting paper shall be initialed on the reverse by the President.
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1. Renumbered & Subs by Am. Nothfn No 3 dt 30.7.1968
2. Sub-section (8) of section 7 of the Act by Nothfn no P.7(18)krishi/Group-2/05 dt 26.9.2005 Pub. in Gaz. of Rajasthan Ext.ordl Part IV C(i) dt 3.10.2005 20
(6) A voter shall then place a mark against the name of the candidate for whom he wishes to vote, fold it up and deposit it in a ballot box placed before the president. If a voter is unable to do so, the President may mark the voting paper in the presence of the members according to the voter’s directions and deposit it in the ballot box.
(7) The President shall than open the ballot box and count the votes in the presence of the members and declare the member who secures the largest number of votes to have been elected as the Chairman, or the Vice-Chairman, as the case may be. If there is an equality of votes among two or more candidates the president shall draw lots in the presence of the members and the person whose name is first drawn shall be declared to have been elected.
(8) Any voting paper, which contains the signature of the Voter on or which the mark is placed against more than one name or the reverse of which does not contain the initials of the President, shall be invalid.
(9) Immediately after the meeting, the President shall cause the notice declaring the flames of the persons declared to have been elected as Chairman and Vice-Chairman to be affixed in some conspicuous place in the office of the market committee.
(10) The voting papers shall be sealed by the President and retained in safe custody in the office of the Market Committee, and the Packet containing the voting papers, shall not be opened or destroyed except under the orders of the Collector.
(11) If during the course of election of a Chairman or Vice-Chairman any dispute arises as to the correctness or otherwise of the decision given or procedure followed by the Collector or the person authorised by him it shall be referred to the 1[Director of Agriculture Marketing] and the decision of 1[Director of Agriculture Marketing] in respect of such dispute shall be final.
2[32 A. xxxx] --------------------------------------------------------------------------------------------------------------------------
1. Subs. by Noti no F.7(18)Agri/Gr-2/2005 dt 12.4.2006 Pub. in Gaz. of Rajasthan Ext.ordl Part IV C(i) dt
18.4.2006
2. Delected vide Noti. dt 30.7.68 Pub. in Gaz. of Rajasthan Ext.ordl Part IV (C) & Remumbered Rule 33 as Rule 32 21
33. Function an Powers of the Chairman- 1[X X X] The Chairman or in his absence, the Vice-Chairman Shall-
(i) Preside over the meeting of the market committee and conduct business at such meetings.
(ii) watch over the financial and executive administration;
(iii) Direct in cases of emergency the execution or stoppage of any work or the doing of any work which requires the sanction of the market committee;
(iv) 2[X X X]
(v) he shall be responsible for all correspondence with the Government or the Director;
(vi) he shall be the authority competent to grant casual leave to the Secretary. For other kinds of leave the Secretary shall apply through the Chairman to the Director who shall take action to sanction leave in accordance with leave rules governing a Government servant;
(vii) 3[X X X]
34. Term of office and casual vacancy in the office of the chairman or the vice chainman- (1) Any person elected as Chairman or Vice-Chairman shall hold office for 4[five years] from the date of his election as Chairman or Vice-Chairman as the case may be or for the duration of the market committee except in case of the Chairman and Vice-Chairman of the First nominated market committee referred to in sub-section (3) of section 7.
(2) In the event of the expiry of the term of office of the Chairman or the Chairman dying, resigning or ceasing to hold office for any reason before the expiry of his term of office, the Collector or any other person authorised by him in this behalf shall call a meeting of the market committee to elect another person as Chairman. The Collector or the person authorised by him, shall preside over such meeting but shall not vote. Every Chairman elected under this sub-rule to fill a casual vacancy shall hold office so long as the Chairman in whose place he is elected, would have held it if the vacancy had not occurred.
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1. Omitted vide nothfn. no 10(4)Agri/Group-2/73 GSR no 6 dt 27.11.1975 Pub. in Gaz. of Raj. Ext.ordl part IV(c)(7) dt 28.11.75
2. Deleted by Am. nothfn. no 3 dt 30.7.1968
3. Omitted rule 32A and renumbered 32B as numbered 33 and Omitteed rule 33(iv) by Gazette notification extraordinary part 4(Gha) dated 31.07.1968
4. Expression three years substituted by five years by notification no. P.7(18) Krishi/Group-2/05 dated
26.09.2005 22
(3) In the event of the expiry of the term of office of the Vice-Chairman or the Vice- Chairman dying, resigning or ceasing to hold the office for any reason before the expiry of his term of office, the Chairman shall call a meeting of the market committee to elect another person as Vice-Chairman. The Chairman shall preside over such meeting and shall be entitled to vote. Every Vice-Chairman elected under this sub-rule to fill a casual vacancy shall hold office so long as the Vice-Chairman in whose place he is elected would have held it if the vacancy had not occurred;
Provided that when the offices of Chairman is vacant, the Vice-Chairman shall perform the functions of the Chairman till a new Chairman is elected:
Provided further that when both the offices of the Chairman and Vice-Chairman are vacant or when neither of them is able to perform the functions of a Chairman, any person appointed by the 1[Director] shall perform such functions till a new Chairman or Vice- Chairman is elected.
(4) Subject to the provisions of sub-rules (2) and (3) the provisions of rule 32 shall so far as may apply to the election of Chairman or Vice-Chairman under sub-rule (2) or (3) as the case may be.
35-A. Resignation by Chairman or Vice-Chairman and members- The Chairman, Vice-Chairman or any member of the market committee shall resign his office by a written application to the 1[Director]. No such resignation shall take effect until it is accepted by the 1[Director] 2[35-B. Motion of No-Confidence against Chairman or Vice-Chairman.- (1) Notice of a motion of no confidence against the Chairman or Vice-Chairman of the Market Committee shall be in writing addressed to the Collector of the Distrcit in which the Principal Market Yard of the Market Committee is situated and it shall be in form X signed by the members of Market Committee who intend to move the motion and it shall be signed by not less than one third of the total number of members of the market Committee. In case, the motion of no confidence is against the Chairman and Vice-Chairman, separate notices, one in respect of the Chairman and the other in respect of the Vice-Chairman shall be given in the manner aforesaid.
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1. Subs. by Am. nothfn no 4 and again by no 15 dt 13.6.1980
2. Subs. by amending Nothfn No 6 dt 27.11.1975 23
(2) On the receipt of the notice under sub-rule (1) the Collector or any other officer authorised by him shall call a meeting of the Market Committee within 30 days of the receipt of the notice and shall preside over the meeting.
(3) The Collector or the authorised officer shall communicate forthwith 1[to the Director] the decision taken by the Market Committee on any motion of No confidence together with the names of all the members of the Market Committee present at the meeting and number of votes given in favour or against such motion. He shall also paste on the Notice Board of the Market Committee the decision taken at such meeting.]
36. Meetings of the Committee.- Every meeting of the Market Committee other than those referred to in clause (1) of rule 32 shall be presided over by the Chairman or in his absence by the Vice-Chairman or in the absence of both by a member elected by the meeting to preside for the occasion. 2[A quorum for each meeting shall be of 5 members but for adjourned meetings for want of quorum no quorum will be necessary. The meeting will be held in accordance with the procedure contained in the bye-laws.]
(2) A person presiding over the meeting shall be entitled to speak and vote on all questions at the meeting.
(3) A member presiding over a meeting shall, for that meeting or during the period in which the presides over it, have all the powers of the Chairman.
(4) All questions which may come before the committee at any meeting shall be decided by the vote of the majority of the members present at the meeting and in every case of equality of votes, a member presiding over a meeting shall have and exercise a second or casting vote.
3(5) The quorum for the meeting of the Market Committee, other than adjourned meeting, shall be one-third of the total membership of the Market Committee.]
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1. Subs. by Am. nothfn no 15 dt 13.6.1980
2. Added vide nothfn no 6 dt 27.11.1975
3. Ins. by Am. Nothfn no 7 dt 20.10.1975 24
37. Persons entitled to convene and attend meetings.- (1) A meeting of the market committee shall be convened by the Chairman if such a meeting is desired to be convened by the Director or by a requisition signed by not less than 2/3 rd of the number of members of the committee for considering any matter of importance.
(2) The Collector or any person authorised by him in this behalf, the 1[Director and the Secretary of the Board or any person authorised by them] in this behalf shall be entitled to attend any meeting of the market committee, but they shall not be entitled to vote. A copy of the notice convening every meeting shall be sent to the 1[Collector, the Director and the Secretary of the board] or any person authorised by them in this behalf.
38. Minute Book.- A minute book shall be kept by every market committee and record of the proceedings of every meetings shall be entered therein by, or under the supervision of, member presiding over the meeting and shall be signed by him, he minute book shall be permanently preserved. It shall be opened to the inspection at all reasonable hours to members of the market committee and also to the 1[Director and the Secretary of the Board and the Collector or any other person authorised by them] in this behalf. The proceedings of the market committee shall not be treated as public documents and copies thereof shall not be supplied except when so required by orders of a court. The Secretary of the market committee shall be responsible for the writing of the minute book and he shall also sign the minute book.
39. Copy of proceedings of meeting:- A copy of the proceedings of every general meeting of the market committee shall be forwarded to the Collector and to the 1[Director and the Secretary of the Board or any other person authorised by them] in this behalf.
40. The market committee to provide for certain matter – After paying all sums due to Government, the market committee shall, so far as the funds at its disposal permit but subject to the provisions of the Act and these rules, provide- ---------------------------------------------------------------------------------------------------------------
1. Subs. by Am. Nothfn No 15 dt 13.6.1980
(i) for the maintenance and improvement of any enclosure or building which may constitute the market yard.
(ii) for the construction and repairs of buildings, chabutras and other erections necessary for the purpose of the market, and
(iii) for the health convenience and safety of the persons using the market.
25
41. Appointment of Dispute Sub-Committee.- (1) The market committee may appoint a sub-committee called the dispute sub-committee consisting of-
(a) one of the nominated members of the committee, shall be the Chairman of the sub-committee.
(b) one of the representatives of the agriculturists on the market committee.
(c) one of the representatives of the traders on the market committee.
(d) one of the representatives of the local authorities on the market committee.
(e) one of the representatives of the co-operative societies or Co-operative Central Financing Agency.
(2) The dispute sub-committee shall arrange for the settlement of dispute between buyers or sellers or their agents including disputes regarding the quality or weight of the articles, the allowance for wrappings, containers, dirt or impuritites or deduction for any cause.-
(3) The dispute sub-committee shall appoint in respect of each market yard a panel of not less than 10 persons but not more than 15 persons to act- as arbitrators in the settlement of the disputes aforesaid. Every person included in the penal shall be either an agriculturists living in or near the market or a trader doing businesss in such market where any such dispute arises, the parties thereto may agree to the settlement thereof in accordance with the following provisions- 1[X X X]
(b) Each party to the dispute shall select one arbitrator from the penal appointed for the purpose by the dispute sub-committee.
(c) If the arbitrators fail to agree, they may appoint an umpire who shall also be chosen from the penal aforesaid to settle the dispute.
(d) An appeal shall lie against the decision of the arbitrators or umpire to the disputes sub-committee.
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1. Deleted by Am. Notificiation No 3 dt 30.7.1963 26
(e) The decision of the arbitrators or umpire or, where an appeal has been made to the disputes sub-committee, the decision of such sub-committee shall be final.
(f) No business shall be transacted at a meeting of such sub-committee unless there be present at least three members.
(g) Every meeting of the sub-committee shall be presided over by the chairman of the sub-committee and in his absence by a member elected by the meeting to preside on the occasion.
(4) The dispute shall be decided on the same day as far as possible.
(5) All questions which may come before the dispute sub-committee at any meting shall be decided by the vote of majority of members present at the meeting and in every case of equality of votes, the Chairman or the presiding member shall have and exercise a second/or casting vote.
(6) The Market Committee shall maintain a full record of all the disputes, which come before the dispute sub-committee; and the Secretary of the Market Committee shall be the Secretary of such a sub-committee.
42. Other Sub-Committees.-1[(1) Notwithstanding anything contained above, there may be the following sub-committees in each Market Committee for purposes of delegation of powers on behalf of the Market Committee:-
(i) Executive Sub-Committee- This sub-committee shall decide the creation of posts terms and conditions and allied service matters regulation of trade practices, management of markets, preparation of bye-laws issue of licences and their suspension, cancellation, inclusion or exclusion of market area declaration of sub market area declaration of sub Market yard.
(ii) Finance Sub-Committee.- This sub-committee shall decide the budgets, investments of funds, procedure of purchases, acquisition or disposal of land and other properties, obtaining of loans, investment of provident fund amounts.
(iii) Development Sub-Committee- This sub-committee shall decide the construction programmes of the Market Committees, priorities thereof.
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1. Subs. by Am. Notificiation No 14 dt 12.12.1979 27
(2) The sub-committees so formed shall not have less than three and not more than five members but one members out of them shall be a Government nominee.
(3) The Chairman of the Market Committee, if he is a member of the sub-committee shall be the convenor thereof and in other cases, Market Committee shall appoint the convenor at the time of formation of the sub-committee.
(4) The Market Committee shall not decide about any subject on which the subcommittee has been delegated powers without first being processed by such sub-committee.
(5) Every sub-committee shall maintain a minute book of its proceedings and the Secretary of the Market Committee shall be responsible for writing of the proceedings of the meeting held by the sub-committees.]
43. Servants of the market committee- 1[(A) (i) Every market committee shall have a Secretary appointed by the State Government on deputation or such scale of pay and allowances as may be fixed by the Government.
(ii) In case, the Director recommends that there is a necessity of Additional Secretary in a particular class of Market Committee, the State Government shall also appoint Additional Secretary on deputation on such scale of pay and allowances as may be fixed by Government] (B) Power and functions of the Secretary.- (1) The Secretary shall be the executive officer of the market committee and carry into effect the resolution of the market committee.
(2) All other officers and servants of the committee shall be subject to his control. He shall also be responsible for directing their work in such manner as to ensure proper and efficient working of the market.
(3) It shall be the duty of the Secretary to supervise the work of the officers and servants of the committee and to take necessary disciplinary action against any of the officers and servants of the committee for their neglect,. Misconduct etc.
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1. Subs. by Am. Notificiation No 17 dt 24.6.1986 28
(4) He shall be responsible for the proper execution of all orders issued by the committee. He shall take or cause to take action against any of the directions given by the committee.
(5) The Secretary shall be the head of the establishment entertained by the committee.
(6) Subject to the control of the Chairman the Secretary shall be responsible for maintaining proper accounts of money received and or/spent for and on behalf of the committee. He shall conduct all routine correspondence and attend to other Secretarial work of the office.
(7) All correspondence with offices subordinate to Government or Director shall be conducted through the Chairman or with the previous approval of the Chairman who shall be bound to transmit them to the authorities concerned with his remarks’ if any.
(8) He shall also be responsible for maintain complete records of all the disputes which come up for the decision before the dispute sub-committee in the form to be prescribed by the committee.
(9) He shall also maintain a record of the dispute settled by him in the form to be prescribed by the committee.
(10) On receipt of a complaint, either written or oral regarding all matters concerning sale and purchases of agricultural produce in the market, the Secretary shall conduct an enquiry and shall make a report of the same to the Chairman for taking such action as he may think necessary in accordance with the provisions of the Act, rules and bye-laws.
(11) He shall call meetings of the market committee and shall have the right to speak at and otherwise, take part in any meeting of the committee or sub-committee thereof, but shall not be entitled to vote or move any resolution. He shall maintain the proceedings of the meeting and sign the same.
(12) Whenever a short vacancy on the post of a Secretary arises, the Director in Consultation with the market committee may direct any member of the market committee to hold additional charge of the post.
(13) Besides a Secretary, the market committee may employ such other officers and servants as may be necessary and proper for the efficient execution of its duties. Such officers and servants shall be divided into two classes- 29
(a) Superior Officers and Servants, and
(b) Inferior Servants.
Superior officers and servants shall be the Assistant Secretary, Accountants, Treasurers, Supervisors, Qanungoes, Clerks and such officers and servants as the Director may determine besides a Secretary. The inferior servants shall be peons, watchman and other menial servants.
(14) The terms and conditions of the superior officers and servants shall be such as are approved by the Director and those of the inferior servants shall be such as the the, market committee itself may decide.
(15) The appointment of superior officers and servants shall be made by the Market Committee subject to the approval of the Director. Any punishment, revision in pay or terms of service of dismissal of the superior officers and servants shall also be subject to the approval of the Director. All inferior servants shall be under the full control of the Market Committee but the committee shall make an immediate report to the Director in regard to their appointment, pay, punishment, dismissal and other matter relating to such servants.
(16) The Director may by order in writing delegate any of his powers and duties under this rule to any of his subordinate officers subject to such conditions as he thinks fit.
(17) No Government servant employed by the Market Committee shall be punished except by the authority which would have been competent to do so if he were in service of that Government at that time or otherwise than in accordance with the rule relating to conditions of the service of the Government.
(18) The Market Committee shall take sufficient security from such of its officers and servants as are entrusted with the handling of money.
144. Travelling allowance of the Chairman, member and officers and servants of the Market Committee- A Market Committee may pay to its members officers and servants travelling allowance for the journeys undertaken by them at its meetings or any other Market Committee Work at the following rates- 30 A. Fares :
(1) For journey by Railway –
(i) Member including Chairman and Vice-Chairman. First Class fare or the actual fare if the journey is performed in a lower class.
(ii) Secretary and other officers and servants. As per T.A. Rules of the State Government.
(2) For journey by Road-
(i) if places are connected by regular bus service-Actual Bus Fare.
(ii) For Places not connected by train or regular bus service-
(i) Member, including chairman and vice chairman Rs. 0.40 paise per K.M.
(ii) Secretary and other officers and servants.
As per T.A. Rules of the State Government;
Provided that the journeys must be performed by the cheapest and the shortest route.
B. Incidental Charges-
(1) For journey by Rail or Bus –
(i) Members including Chairman and Vice-Chairman Rs. 0.40 Paise per K.M. or a fraction thereof but exceeding 5 Kms.
(ii) Secretary and other officers and servants. As per T.A. Rules of the State Government.
The amount of incidental charges shall be limited to one daily allowance for the actual journey period of every 24 hours or portion thereof.
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1. Subs. by Am. Nothfn no 7 dt 20.10.1975 31 C. Daily allowance- 1(1) Chairman, Vice Chairman and Member:
S. No. Name of Designation For 24 Hours everyday or part thereof At the rate of Delhi, Mumbai, Channai, Calcutta and Metropolitian cities Except Jaipur in Rajasthan and out of Rajasthan For Jaipur and other States Capitals
(i) Chairman 300 350 400
(ii) Vice Chairman 250 300 350
(iii) Member 200 250 300
(2) Secretary and other officers and servants- As per T.A. Rules of the State Government:
Provided that (x x x) any member including chairman and vice chairman does not get a conveyance on the day after the meeting is over he shall be eligible to get half daily allowance for the next day.
D. Sitting Fees:
A member including Chairman and Vice-Chairman residing in the town, in which the head-quarter of the Market Committee is situated, shall get the sitting fees for attending a meeting of the Market Committee at the rate of 2[daily allowances as specified above].
E. Journey on Transfer:
(1) Secretary and other officers and servants. As per T.A. Rules of the State Government.
F. A Market Committee shall not allow its members, Secretary and employees to incur any expenditure for performing journey outside the region, as may be determined by the 3[Director], in which it is situated without the previous sanction of the 3 [Director] or the person authorized by him in this behalf.
G. No Chairman or Vice- Chairman shall claim T. A. or D. A. for the journey performed by him to the headquarter of the Mandi Samiti and to any of its sub-yards for More than 4[10] days in a month. Provided that the Chairman and Vice-Chiarman may claim conveyance Charges @ Rs. 5.50 per day for 5 days in a month] ------------------------------------------------------------------------------------------------------------------------
1. vide notfn no F.4(24)Agri/Gr-2/2006 dt 07.01.2015
2. Subs. by Am. Nothfn.no 8 dt. 18.10.1975
3. Subs./Ins./Del. by Am. Noftn no 15 dt 13.6.1980
4. Subs./Ins./Del. by Am. Noftn no 10 dt 10.3.1976 32 1[44-A. Honorarium- The Chairman of Market Committee shall be paid] Honorarium as per rates mentioned below:-
(a) In special Class and A Class Market Committee Rs. 2[6000/- per month]
(b) In 'B' 'C' and 'D' Class Market Committee Rs. 2[4000/- per month]
PART IV Markets fund- Expenditure and Accounts
45. The Market Committee fund- All money received by the Market Committee shall be credited to the fund called the market Committee fund. Except where Government on application by the Market Committee or otherwise shall direct, all money paid into the Market committee fund shall be credited at least once a week in full into Government treasury or sub-treasury, or a bank duly approved for this purpose by the 3[XXXX] 3[Director]. All balance from the fund shall be kept in such treasury or sub-treasury or bank and it shall not be withdrawn upon except in accordance with these rules.
46. Expenditure- (1) All payments except from imprest shall be on cheque drawn on behalf of Market Committee.
4[(2) No cheque on behalf of the Market Committee shall be drawn except against a bill, which has been examined and passed by the Secretary; and the Secretary shall not pass any bill for payment unless the expenditure detailed therein has received the previous sanction of the Market Committee, except-
(i) For payment of salary and allowances of establishment,
(ii) For the payment of works and repairs which have been duly sanctioned by competent authority.
(iii) For meeting any urgent expenditure for which there is budget provision or which does not exceed 5[Rs. 2000/-].
(3) 6[(i) Cheque of the value of Rs. 50,000/- and below, drawn on behalf of the Market Committee, shall be signed by the Secretary and all other cheques drawn on behalf of the Market Committee shall be signed jointly by the Secretary and the Chairman:
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1. Ins. Noftn no F.4(34)Agri/Gr-II/2003 dt 04.07.2008 Pub. in Gaz. of Raj. Ext. ordl Part IV(C) dt 23.3.2007
2. vide notfn no F.4(24)Agri/Gr-2/2006 dt 07.01.2015
3. Subs/ins/del by Am. Noftn no 4 dt 4.7.1975 amended by notification no. F-4(77) Agr/Gr-2/2003 Dt.23.07.2007
4. Subs vide notfn no F4(7) Agri/Gr-2/98 dt 17.10.1998 Pub. in Gaz. of Raj. Ext. ordl Part IV(J) dt 29.10.98
5. Vide notfn no F6(21) Agri/Gr-2/95 dt 15.2.1996 Pub. in Gaz. of Raj. Ext. ordl Part IV(J) dt 23.2.96
6. Sub. vide Notfn no P-6(21) Agri/Gr-2/95 dt 31.10.1995 Pub. in Gaz. of Raj. Ext. ordl Part IV(J) dt 15.11.95 & sub-rule subs. vide notfn. no F.4(77)Agri/gr-2/03 dt 22.9.2006 Pub. in Gaz. of Raj. Ext. ordl Part IV(J) dt
22.9.2006 33
Provided that if the cheques submitted by the Secretary to the Chairman for signature, are not signed by the Chairman within a period of fifteen days from the date of submission, such cheques shall be signed jointly by the Secretary and the Regional Dy./ Assistant Director concerned:
Provided further that, where the Secretary is a gazette officer, he shall be competent to sign such cheques, the value of which does not exceed one lac rupees:
Provided also that in the market committees where an Administrator has been appointed, the cheques shall be signed jointly by the Secretary and the Administrator for amount exceeding Rs. 50,000/- where the Secretary is a non- gazetted officer and for amount exceeding Rs. 1.00 lac, where the Secretary is a gazetted officer.]
(ii) No payment shall be made from any Government treasury or bank, of any cheque, purporting to be drawn on behalf of the Market Committee, unless it is signed as aforesaid]
47. Remittance to treasury or bank- All remittance to the Government treasury or sub- treasury or bank shall be accompanied by challans or deposit stips in duplicate. The monthly or periodical statement of accounts furnished by the treasury or bank shall be regularly filed and made available for audit.
48. Pass Book- The pass book shall be got written upto date at least once a month by the treasury or sub- treasury or the bank by which the original account is kept.
49. Submission of budget- (1) The market year shall be held to commence on the 1st April and end on 31st March.
(2) The Market Committee shall hold a meeting each year during the first week of January to prepare budget of income and expenditure for the ensuring market year. The budget shall be submitted to the 1[Director] or any officer authorized by him in this behalf not later than the fifteenth January for approval and 34 the abstract accounts of the receipts and expenditure of the previous market year shall be submitted to the 1[Director] or any such officer not later than thirteenth April.
(3) No expenditure shall be incurred for which there is no budget provision unless it can be met by reappropriation from savings under other heads or by a supplementary in the available reserve which should be sanctioned unanimously at a meeting of the Market Committee and approved by the 1[Director].
2[50. Works to be included in the budget- No works for which forecast estimate have been previously prepared and sanctioned by the engineer appointed by the Board shall be included in the budget.]
3[51. X X X] 2[52. Execution of Works- All works to be taken up by the Market Committee shall be executed and carried out by the Board in such manner as may be decided by the Board from time to time:]
4[Provided that the State Government may authorize the market committee to carry out the construction and repair works to the extent of rupees 5[eight] lacs:]
Provided further that the detailed estimates and plans of the works for all such works shall be approved by engineer appointed by the Board before such execution.]
53. Permanent fund- (1) The surplus amount of the Market Committee fund, at the close of each market year, shall be credited to the permanent fund of the Committee within three months of the close of the year and it shall be used only to towards incurring the expenses of a permanent nature such as the construction of buildings, acquisition or purchase of sites or for such other purpose as the 6[Director] may specify.
(2) The Market Committee may invest or deposit its surplus funds:-
(a) In the Government Saving Bank, or
(b) With any bank or person carrying on the business of banking approved by the 6[Director] or
(c) in National Saving Bonds or Certificates, or
(d) in any of the securities specified in section 20 of the Indian Trust Act, 1882:
Provided that no investment shall be made on the mortgage of immovable property.
Any amount so invested including the interest thereon should be withdrawn after the approval of the 6[Director].
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1. Subs. vide Notfn no F10/(191) Agri/Gr-2B/74 dt 24.9.86 Pub. in Gaz. of Raj. extra ordl part 4(c) dt 24.9.1986
2. Subs/ins/del by Am Notfn no 10(191)Agri/Group-2/74 dt 4.7.1975
3. Del. by Am. Notfn no 4 dt 4.7.1975
4. subs vide notfn no F4(40)Agri/Gr-2/97 dt 30.4.1998 Pub. in Gaz. of Raj. extra ordl part 4(c) dt 4.5.1998
5. Subs. by Notfn no 4(34) Agri/Gr-II/2003 dt 4.7.2008 Pub. in Gaz. of Raj. extra ordl part 4(c) dt 11.7.2008
6. Subs. in Rule 53 & 54 vide Notfn no F4/(77) Agri/Gr-2/2003 dt 23.3.2007 Pub. in Gaz. of Raj. extra ordl part 4(c) dt 27.3.2007 35
54. Annual Report- At the end of each market year, the market committee shall prepare an annual report and submit copies of it to the Director and to such other officer as may be appointed by the 1[Director].
55. Accounts, audit and inspection.- (1) The accounts and records of a Market Committee shall be kept in such manner as the Government may direct.
2[(2) The account of the Market Committee shall be audited by such auditors as may be appointed by the Government on the recommendation of the Board on such terms and conditions as may be decided by the Government.
(3) At the time of audit, the Secretary or any other person authorised in this behalf shall cause to be produced all accounts, registers, documents and other relevant papers which may be called for by the audit officer for the purposes of the audit. Any explanation called for by such officer for the settlement of any discrepancy shall also be immediately furnished to him.
(4) The audit memoranda may be inspected by the members of the market committee, traders, license holders or the public free of charge in the office of the 2[Secretary of the Board] or at any other place specified by the 2[Secretary of the Board] and certified copy thereof may be obtained by any person from the said office on payment of a fee of Rs. 0.25 Paise per folio.
3[PART IVA State Agricultural Marketing Board 55-A. Election of members under sub-section (1) of Section 22-B.- (1) The State Government shall by order divide the State in ten single members constituencies in such a manner that at least five Market Committee are included in one constituency so as to enable each constituency to elect one member by the chairman of the Market Committee in each constituency.
(2) State Government shall call upon the Secretaries of the Market Committee in the State to intimate the names of Chairman of each Market Committee as well as the trader members of the Market Committee and on receipt of the above information, the list of Chairman of each constituency as well as the list of trader members shall be got prepared and published in accordance with provisions contained in Rule 8.
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1. Subs. in Rule 53 & 54 vide Notfn no F4/(77) Agri/Gr-2/2003 dt 23.3.2007 Pub. in Gaz. of Raj. extra ordl part 4(c) dt 27.3.2007
2. Subs by Am Notfn no 4.7.1975
3. Ins. by am. notfn no 10(4)Agri/Gr-2/73 GSR 98 dt 27.11.1975 Pub. in Gaz. of Raj. Extra Ordl. Part 4(C)(i) dt
28.11.1975 36
(3) The State Government shall also decide the place of election for the members of the Board from amongst the Chairman of Market Committees in each constituency, and the Collector of the District where such election is to be held shall get the election conducted as per provisions contained in rules 9 to 24 of the said rules.
Provided that the election of two members of the trader members of the Market Committee shall be held at the head quarter of the Board by the State Government and the elections shall be conducted as per provisions contained in rules 9 to 24 of the said rules.
(4) All expenditures incurred in connection with these elections shall be met out of the marketing development fund and shall be recoverable from the Board.
55-B. Determination of validity of election.- (1) If the validity of any election of a member of the Board is brought in question by any person qualified to be elected at the elections to which such questions refers, such person may, within seven days after the date of declaration of the result of the election, apply in writing to the State Government.
(2) On receipt of an application under sub-rule (1), the State Government shall, after giving an opportunity to the applicant to be heard and after making such enquiry as he deems fit, pass an order confirming or amending the declared result of the election or setting aside the election, and such order shall be final. If the State Government sets aside the elections, a date shall be forthwith fixed and necessary steps be taken for holding a fresh election.
55-C. Budgets of the Board and investment of surpluses and maintenance of accounts- (1) The Board shall by the 15th January of each year pass the budget for the next market year showing the estimated income and expenditure on various heads and forward to the State Government supported by such information as may be required by the State Government.
(2) All money received by the Board shall be credited to the fund called the State Marketing Development fund except where Government on application by the Board or otherwise shall direct, all money paid into the marketing development fund shall be credited, at least once a week in full into a bank duly approved by the State Government for the purpose. All balances from the fund shall be kept in such bank and it shall not be withdrawn upon except in, accordance with these rules.
(3) The accounts of the Board shall be maintained in such manner as the Government may direct sand shall be subject to audit as the Government may specify.
37
(4) Every cheque drawn on behalf of the Board shall be signed by the Secretary or any other authorised by the Board. The cheque shall be drawn against a bill which has been examined and passed by the Secretary or any other officer authorised by the Board.
55-D. Powers and functions of the Secretary- The Secretary of the Board shall –
(a) issue, under the instruction of the Chairman, notices for the meetings of the Board and the sub-committees thereof;
(b) be present at such meetings and record and keep the minutes thereof;
(c) carry out the decisions of the Board and its sub-committees;
(d) work as drawing and disbursing officer of the Board; and
(e) exercise such other powers and perform such other functions as are conferred or imposed on him by or under the Act or the rules or as may be delegated to him by the Board] Part V Market yard and market proper
56. Declaration of market yard and market proper – Government may by notification in the official Gazette, declare-
(a) any enclosure, building or locality in any market area to be a market yard.
(b) any area, including all land with the buildings thereon, within such distance of the market yard, as it thinks fit, to be a market proper;
Provided that a market proper so declared shall include industrial concerns in the said area with their compound, godowns and warehouses, where the agricultural produce is stored.
1[56-A. Establishment of Private sub-market yard or private Consumer Farmer Market.- (1) Any person including a co-operative society may apply to the Director or the authority empowered by the State Government in this behalf for establishment of a private sub-market yard or a private consumer-farmer market in Form XII.
(2) The minimum land required for establishment of private sub-market yard shall be five hectares and establishment of private consumer-farmer market shall be two hectares. The land should be in the name of the applicant.
2[Provided that on the recommendation of the Director, the State Government may, if it is satisfied that the establishment of a private mandi yard in a particular location will promote the effective and better regulation of sale and purchase of agricultural produce, relax the requirement of minimum area on land.]
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(3) The applicant shall pay a licence fee as may be specified by the Government from time to time.
(4) The Director or the empowered authority may grant a licence for establishment of a private sub-market yard or for a private consumer farmer market in Form XIII. The licensee shall abide by all the terms and conditions mentioned in the license.
(5) The Market committee shall collect market fee from, the licensees/Traders of a private sub market as per the provisions of the Act and shall pay such part of the market fee to the licensee of the Private sub-market yard, as may be specified by yje Government form time to time.
(6) Subject to Sub-Sec. (2) of Sect. 5 the licensee of private consumer-farmer market shall collect service charges from the sellers at such rate as may be specified by the Government, from to time.
(7) The sellers of the Private consumer-farmer market shall not sell more than such quantities of their produce to a consumer at one time, as may be specified by the Government from time to time.
(8) The producer shall sale his produce in the private consumer farmer market directly to the consumer at mutually agreed price.]
3["56-AA. Declaration of warehouse, cold storage or silos as private sub-market yard.- (1) The licensee of any warehouse, cold storage or silos, as the case may be, registered with Warehouse Development Regulatory Authority (WDRA), desirous of declaration of such place as private sub market yard, hereinafter referred to as the deemed private sub-market yard, may apply to the Director or an officer authorised by him in form XI- A with such fee as may be specified by order issued by the State Government, from time to time.
(2) The Director or such officer authorized by him shall, on receipt of application, scrutinise the application within a period of thirty days and after satisfaction, the Director or such officer shall inform the applicant to deposit the license fee, within a period of thirty days by way of demand draft payable at Jaipur in favour of Director, Agriculture Marketing. On receipt of license fee, the Director or such officer may issue licence in Form XII-A. The licence may be issued for a period upto three years. The licence, on an application made on plain paper and payment of renewal fees as may be specified by the State Government, from time to time, may be renewed for a maximum period of five years at a time. The licence shall be entered in the register in form XXI-A.
(3) A bank guarantee as decided by the State Government shall be deposited by the licensee in favour of the Director, Agriculture Marketing, within one month from the date of grant of licence or before commencement of business, whichever is earlier.
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1. New Rule 56-A inserted vide Notfn no F4/(77) Agri/Gr-2/2003 dt 23.3.2007 Pub. in Gaz. of Raj. extra ordl part 4(c) dt 27.3.2007
2. Added proviso after subrule (2) of rule 56A vide notfn no F4/(77) Agri/Gr-2/2003 dt 15.9.2009 Pub. in Gaz.
of Raj. extra ordl part 4(Ga)(I) dt 1.10.2009
3. New Rule 56-AA inserted vide Notfn dt 14.07.2025 39
(4) The licensee of such deemed private sub market yard shall collect market fee and krishak kalyan fee on notified agricultural produce, transacted at the deemed private sub market yard, at the rate not exceeding the rate as notified by the State Government, from time to time and same shall be deposited to the market committee, concerned as per the provisions of bye laws but no market fee and krishak kalyan fee shall be collected from agriculturist seller.
(5) The licensee of such deemed Private Sub Market Yard shall be abide by the Standard Operating Procedure, as specified in bye laws, for conduct of business and activities ancillary thereto via electronic national warehouse receipt through Electronic National Agriculture Market (eNAM) or other registered e-trading platforms."
1[56-B. Private sub e-market.- (1) Any person including a Cooperative Society or a Company may apply in form XVIII to the Director or the Authority empowered by the State Government in this behalf for establishment of private sub e market. The applicant shall pay such application fees and in such manner as may be specified by the State Government form time to time. Application fees shall be non-refundable.
(2) Every application shall be accompanied with a detailed project report. The project report shall contain details of,-
(a) financial status of the applicant supported by the income tax returns for previous three assessment years of permanent assets with valuation assessed by a Chartered Accountant.
(b) Locations of trading terminals proposed to be established;
(c) amount proposed to be spent for setting up of facilities, for purchase/sale and storage of notified, agricultural produce including establishment for processing, grading, packing, storing and for sale/export of the agricultural produce by way of value addition;
(d) outlay earmarked for providing facilities, if any, like lodging, boarding for the producer who bring produce to the private sub e-market; and
(e) laboratory facilities to evaluate and determine the quality of the agricultural produce.
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1. Rule 56-B inserted vide Notfn no F4/(4) Agri/Gr-2/2006 dt 13.8.209 Pub. in Gaz. of Raj. extra ordl part 4(c)(I) dt 28.8.2009 40
(3) Applications reveived for establishment of private sub e-market shall be entered in the register in Form XIX.
(4) Every applicant shall have,-
(i) online trading, efficient clearing facility;
(ii) settlement and guarantee system of national reach;
(iii) well organized and capitalized brokerage houses, where members/ brokers with reasonable capital adequacy can participate;
(iv) a mechanism to ensure transparency in its operations and decision making;
and
(v) working experience in Agricultural Produce markets.
(5) The Director or the Authority empowered by the State Government shall, on receipt of application, evaluate the application within a period of thirty days and after satisfaction, the Director or the Authority empowered by the State Government shall inform the applicant to deposit the license fee, as may be specified by the Government from time to time, within a period of 30 days by way of demand draft payable at Jaipur in favour of Director, Agriculture Marketing. On receipt of license fee the Director or Authority empowered by the State Government may issue licence in Form XX, with such conditions as specified in it, for a period not exceeding 5 years, which may be renewed for further period of 5 years at a time, on an application and payment of renewal fees as may be specified by the State Government from time to time. The application for renewal shall be made on plain paper. The licence, issued under this rule, shall be entered in the register in form XXI.
(6) A bank guarantee of Rupees 25 Lakhs (Rs. Twenty Five Lakhs) shall be deposited by the licensee in favour of the Director, within one month from the date of grant of license or before commencement of business, whichever is earlier;
(7) The Licensee may commence operation in private sub e-market after furnishing bank guarantee.
(8) The Licnesee of private sub e-market shall,-
(i) Install trading terminals in the one or more market area for on-line trading at prominent locations, which are easily accessible to agriculturists;
41
(ii) provide real time price and trade related information relating to notified agricultural produces through its trading terminal and web site;
(iii) make arrangements for warehousing, weighment, grading and certification and for sanitary and phyto-sanitary provisions;
(iv) not sell or purchase notified agricultural produce for himself;
(v) facilitate collateral financing and borrowing against warehouse receipt;
(vi) ensure that the payment of notified agricultural produce to the produce seller on the same day as per provisions of Section 15D of the Act. The deliveries of the sold agricultural produce shall be made only after the full payment of price to produce seller. The price quoted by the buyer shall be net payable to the producer seller, the market fees, brokerage charges etc. shall be borne by the purchaser, notwithstanding any default committed by the buyer, the Licensee of private sub e-market shall ensure the payment strictly as per provisions of Section 15D of the Act;
(vii) collect the market fees and deposit the same with the Market Committee concerned, along with the details of the Agricultural Produce transacted;
(viii) maintain a settlement guarantee fund, as may be specified by the State Government from time to time, and adopt proper risk management system to ensure smooth settlement;
(ix) guarantee the performance of contracts executed on its platform.
(x) Submit market area-wise monthly return of deliveries of notified agricultural produce in his designated warehouse. He shall also give separate figures of delivery of market fees paid goods/agricultural produce (where market fees was already paid before its delivery into designated warehouse) and such deliveries where it has been traded for the first time on private sub e-market platform;
(xi) Collect market fees from buyer as per provisions of the Act, in respect of sale of agricultural produce, for which market fees is not paid earlier.
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(xii) Pay the market fees collected by him to the concerned market committee as per provisions of Act rules, by-laws.
(9) All terms relating to quality parameters, grading, packing standards and deliveries, including discount and premium applicable for various grades, of agricultural produce is to be traded on its platform shall be clearly specified by the private sub e-market before trading in any produce. The size and grade of notified agricultural produce to be traded in the private sub e-market shall be decided by the Director or the Authority empowered by the Director.
(10) Agriculturist may not be a member of the private sub e-market to sell his produce in private sub e-market.
(11) The Licensee or private sub e-market shall ensure that membership is available to all, including agriculturists or their groups, cooperative societies or companies. He shall be free to fix and charge membership fee, security deposit, annual subscription, margin money and other charges from their market functionaries other than the agriculturists;
Provided that the membership fee or any other fees or charges for the agriculturists shall be fixed with approval of the Director;
(12) All members of private sub e-market may appoint their sub-broker or franchise, with the permission of Licensee of private sub e-market, to provide service to their clients.
These members, their sub brokers and clients shall not require any license from concerned market committee.
(13) The Duties and rights of the members of the private sub e-market shall be decided by the Licensee.
(14) Agriculturists shall give physical delivery at the warehouse designated by private sub e-market, where grading and quality certification shall be done and warehouse receipt shall be issued to the agriculturist. The charges of grading, quality certification, unloading, filling of bags and loading in scale of weighment shall be borne by the seller of agricultural produce.
(15) Procurement and disposal of agricultural produce shall be through on line trading and the clients and producer across the country can participate in electronic trading through the members of the private sub e-market. Agricultural produce sold in private sub e-market shall be regulated by the Act.
(16) The Licensee shall issue a certificate as per Annexure XXII regarding payment of market fees on agricultural produce at the time of delivery from its warehouse. Such certificate shall be kept with the vehicle carrying the produce. Private sub e-market shall maintain complete record relating to issue of such certificate and the supporting evidence, which can be verified by the Director, at any point of time. Such certificate shall be sufficient proof of payment of market fees.
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(17) No market fees shall be payable on sale/resale on market fees paid agricultural produce lying in the warehouse of private sub e-market.
(18) The Director or an office duly authorised by him for this purpose or concerned Regional Deputy Director/Assistant Director or Secretary of concerned market committee shall have right to inspect the warehouse and delivery centers of the private sub e-market and to call for such information as he considers necessary.
(19) The disputes between the agriculturists and management of the private sub emarket functionaries shall be referred to concerned. Regional Deputy Director/ Assistance Director, Agriculture Marketing, within a period of 30 days of its occurrence by the party raising such dispute. The dispute shall be resolved in a summary manner within 30 days, after giving reasonable opportunity to the parties of being heard by the Deputy Director/Assistant Director concerned and any party aggrieved by the decision, may prefer an appeal to the Director.
(20) Any person who contravenes the provisions of this rule shall, on conviction, be punishable with a fine which may extend to two hundred rupees.
(21) Other provisions of these rules except rule 56A save as otherwise provided in this rule, shall mutatis mutandis apply to operation in private sub e-market.]
57. Control and conservancy of the market yard- (1) The market Committee shall maintain one or more market yards as may be declared under the preceding rule. Subject to these rules and to the general or special orders of the Government and to such controls as by these rules or by any other law vested in the Collector or Director or in the Municipality, or the District Local Board, or the gram panchayat the market Committee, shall manage market yards in the best interest of the trade having regard always to the convenience of the trade in agricultural produce and the purposes for which the control is vested in the Market Committee. The market yard shall be opened for trading at such hours as the Market Committee may from time to time fix. Carts or consignments or trucks of agricultural produce intended for sale shall be assembled in the market yard in such manner and at such times as may be permitted, and ingress and egress may be permitted, to such persons and at such times as the Market Committee may consider proper.
(2) In the market proper and market area, the Market Committee shall exercise only such rights as may be necessary for the convenient control of the market and for the convenience and comforts of the market and for collection of the fees, in accordance with the provisions in