SiKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHOniTV--------------------------------. .Gangtok Wednesday 20th April, 2005----------~------------~~.---------~------------------~---~ GOVERNMENT Of SIKKIM LAW DEPABTMENT GANGTOK No. 163 No.7/LDlPf2005 Dated.15.4.2005.
NOTIFICA TION The fo!lowing Act of tile Sikkim Legislative Assembly having received the assent of tile Governor on 9th day of March, 2005 is hereby published for general intorrnation.- THE SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT, 2005 ACT NO. '7OF 2005 AN ACT to provicJefor improved requlation in marketing of agricultural produce, development of efficient marketing system, promotion of aqri-processinq and agricultural export and tile establishment and proper administration of markets tor agricultural produce in the State of Sikkim and whereas, it is expedient to put in place an effective infrastructure for marketing of agricultural produce and lay down procedures and systems thereto, Be it enacted by tile Sikkim State Legislature in the Fifty-sixth Year of the Hepublic of India as follovvs:- ARRANGEMENT OF SECTIONS
CHAPTER-i PRELIlVIlNARY SECTIONS:
1. Short title, extent and commencement
2. Definition
CHAPTER-II ESTABLISHMENT OF MARKET
3. Notification of intention of requlatinq marketing of notified Agricultural Produce in specified area
4. Declaration of market area and development and regulation of marketing of specified agricultural produce therein
5. Market yards, sub-market yards, consumer /tarrners market and private market
6. Notification of intention to alter limits of or to amalgamate or to split up market areas ;.o-reestablish a market
7. Procedure subsequent to notification under Section 6 -1- B. Effect of alteration of limits !)..... Power of State to issue consequential order with respect to constitution, etc. of market committees on alteration of limits, amalgamation or splitting up
CHAPTER-III CONSTITUTION OF MARKET COMMITTEE
10. Establishment of Market Committee and its incorporation
11. Vesting of property of Local authority in Market Committee,
12. Acquisition of land for Market Committee
13. Appointment of officer-in-charge of Market Committee pending constitution of firs Market Committee.
14. Constitution of the Market Committee Or
14A. Constitution of the Market Committee
14B. Division of Market area for constituencies and reservation of seats
14C. Qualification to vote and to be representative of agriculturist.
140. First meeting, terms of officer, resignation by Chairman, Vice Chairman orMember and vacancy in their office
15. Chairman and Vice-chairman of Market Committee Or
15A. Election of Chairman and Vice-Chairman
16. Resignation by Chairman and Vice-chairman and vacancy in their office
17. No confidence motion against Chairman and Vice-chairman
18. Seizure and taking possession of record and property of Market Committee under certain conditions CHAPETR-IV CLASSIFICATION OF MARKET AND SPECIAL MARKET
19. Classification of Market
20. Special Market and Special Commodity Market
21. Constitution of the Market Committee for special market 22, Chairman and Vice Chairman for special market
23. Executive committee for special market
24. Chief Executive of Market Committee of Special market, Functions and power CHAPETR-V CONDUCT OF BUSINESS AND POWERS AND DUTIES OF MARKET COMMITTEE'
25. Meeting etc. of the Market Committee
26. Powers and duties of the Market Committee 27 Publishing and circulation of arrival with rates
28. Appointment of sub-commlttee and delegation of powers
29. Power to borrow
30. Compounding of offences
31. Power to write off irrecoverable fee, etc.
32. Powerto remove encroachment on rnarket yard
33. Use of weighing instruments, weights and measures, their inspection and seizure
34. Mode of making contract
35. Act of Market Committee etc. not to be invalidated
CHAPTER-VI STAFF OF MARKET COMMITTEE
36.
37.
Chief Executive Officer of Market Committee Appointment of staff by the Market Committee -2- -:
38.
39.
40.
41.
42,
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.,
53.
54.
55.
56.
CHAPTER-VII CONTRACT FARMING Prccedure and Form of Contract Farming Agreement
CHAPTER - VIll REGULATION OF TRADING Regulation of marketing of notified agriculture produces Sale of notified agricultural produce in market Terms and procedure of buying and selling Power to levy market fees (Single point levy) Permission for transportation of notified aqricultural produce Registration of functionaries Establishment of private yards & direct purchase of agricultural produce from Agriculturist (Direct purchasinq from producer) Establishment of Consumer/ Farmer Market (Direct sale by the producer) Grant /renewal of license of private yard, consumer/ farmer market and weigh man Power to cancel or suspend license/registration Appeal Redressed of dispute between Private market or Consumer market and Market Committee Prohibition of trade allowances other than prescribed under this Act Power to order production of account and entry, inspection and seizure Submission of annual account by licensee Registered functionaries and assessment of market fee Assessment of market fee on his own motion by the Chief Market Executive officer, payable to Market Committee by License /registered functionaries Power to stop vehicle and inspect store Power to grant exemption from market fee
CHAPTER-IX BUDGET AND MARKET COMMITTEE FUND
57. Preparation and sanction of budget
58. Market Committee Fund 59, Application of Market Committee fund
CHAPTER-X STATE AGRICULTURAL MARKETING BOARD CONSTITUTION, FUNCTIONS AND POWERS
60. Establishment of the State Agricultural Marketing Board
61. :ncorporation of Board 62, Constitution of the State Agricultural Marketing Board
63. Members of the Board
64. Appointment of Managing Director, officers & Employees of the Board 65, Term of office of the non-official members of the Board
66. Term of official members
67. Allowance to mernber of the Board
68. Filling of casual vacancy
69. Resignation of members
70. Disqualification of the member of the Board
71. Appointment of sub-committee
72. Superintend rice of the Board -3~
73., Functions and powers of the Board Regulations
75. Marketing Development Fund Payments incurred by the Board
77. Contribution towards the Board
78. Borrowing by issue of bonds or stocks
79. Utilization of Marketing Development Furred
80. Audit of Accounts of the Board
81. Delegation of powers
82. Supervision and control of the Chairman/Chief Executive
83. Functions and powers of the Managing Director
84. Conduct of business of the Board
85. Powers and Functions of the Director of Marketing Board
86. Powers of Chairman of Board
CHAPTER-XI PENALTY
87. Penalty for contravention of Act, Rules and By-laws
88. Recovery of market dues
89. Cognizance of offences CHAPTFR.- XII CONTROL
90. Inspection of markets and inquiry into the affairs of Market Committee
91. Powers to remove a member of the Market Committee
92. Supersession of the Market Committee
93. Consequence of Supersession of Market Committee
94. Supersession of Board
95. Consequences of Supersession of Board
96. Power of Director or Managing Director to direct Market committee for amending Bye-laws
97. Power of the Director to prohibit execution or further execution of resolution passed or orders made by the Market Committee
98. Power to call for proceeding of Market Committee by Managing Director/ Director
99. Liability of Chairman, Vice-Chairman, members and employees for loss, Waste or misappropriation, etc
100. Power of State Government to amend schedule
101. Power of State Government to give dir~ction
102. Recovery of sums duo to Board or Market Committee
103. Chairman, Vice-Chairman, memhers, officers and servants etc. of Market Committee and Board to be public servants
104. Delegation of powers
105. Bar to Civil suit and protection to person acting in good faith
106. Bar to suit in absence of notice
107. Duty of local authorities to give information and assistance
108. Act not to be invalidated by informality, vacancy etc.
CHAPTER-XIII RULES AND BYE-LAWS 109 Power to make rules
110. Power to make Bye-laws
CHAPTER - XIV REPEAL AND SAVING
111. Repeal and Savings
112. Power to remove difficulty
113. Addendum on Contract Farming Agreement and its Model Specifications Short title extent and commencement Definition
CHAPTER I Preliminary
(1) This Act may be ca!led "The Sikkim State Agricultural Produce Marketinq (Development and Regulation) Act, 2005
(2) It extends to the whole of State of Sikkim.
(3) It shall come into force on the date of their publication in the official Gazette.
appoint.
2. In this Act, unless the context otherwise requires.-
(1) "Agricultural Produce" means all produce and Commodities, whether processed or unprocessed, of agriculture, horticulture, apiculture, sericulture, livestock and products of livestock. fleeces (raw wool) and skins of animals, forest produce etc. as are specified in the schedule or declared by the Government by notification from time to time and also includes a mixture of two or more than two such products.
(2) "Agriculturist" means a person who is a resident of the notified area of the market and who is engaged in production of agricultural produce by himself or by hired labour or otherwise, but does not include any market functionary.
If a question arises whether any person is an agriculturist or not for the purpose of this Act, the decision of the Collector of the District in which such person is engaged in the production or growth of agricultural produce shall be final.
(3) "Bill" means bill issued by the traders as prescribed.
(4) "Board" means the State Agricultural Marketing Board, established under Section 60 of this Act.
(5) "Business" means purchase-sale, processing, value addition, storage, transportation and connected activities of agricultural produce.
(6) "Buyer" means a person, a firm, a company or cooperative society or Government Agency, Public Undertaking/ Public Agency or Corporation, Commission agent, who himself or on behalf of any other person or agent buys or agrees to buy agricultural produce in the market area as notified under this Act.
(7) "Bye-laws" means the bye-laws made by the Market Committee under this Act.
(8) "Chief Executive Officer" means the Chief Executive Officer of a Mark.et Committee appointed under Section 36.
(9) "Collector" means the Collector of the district or any officer empowered to discharge the duties of the Collector under the provisions of this Act.
(10) "Commission Agent" means a person who on behalf of his principal trader and in consideration of a commission or percentage on the amount involved in such transaction buys agricultural produce and makes payment, keeps it in his custody and delivers it to the principal trader in due course or who receives and takes in his custody agricultural produce sent for sale within the market area or from outside the market area, sells the same in the market area and collects payment thereof from the buyer and remits the sale proceeds to his principal trader.
(11) " Contract Farming" means farming by a person called "Contract Farming Producer" under a written agreement with another person called "Contract Farming Sponsor" to the effect that his farm produce shall be purchased as specified in the agreement.
Explanaticn: 'Contract Farming Producer' means individual agriculturist or associaton of agriculturists by whatever name called registered under any law for the .time being in force. In North Eastern States where the ownership or control over the agricultural lands lies with Village panchayats or similar bodies legally recognized, such body will be treated as 'Contract Farming Producer'.
-5-
(12) "Contract Farming Agreement" means the agreement made for contract farming between Contract Farming Sponsor and Contract Farming Producer.
(13) "Director" means the person appointed, by the State Government by notification. as Director of Agricultural Marketing and includes any officer or officers empowered by the State Government by notification, to exercise or periorm such of the powers or functions of the Director under the provisions of this Act or the Rules or the Byelaws made there under as may be specified in such notification.
(14) "Export" means dispatch of agricultural produce outside India.
(15) "Exporter" means such person/firm who exports agricultural produce.
(16) "e-trading" means trading in which billing, booking, contracting, negotiating information exchange, record keeping and other connected activities are done electronically on computer network/internet.
(17) "Hamal" means a laborer, hamal or coolie engaged for Dara-making, loading, unloading, filling, stitching, emptying or carrying any agricultural produce in the notified market area.
(18) "Import" means bringing agricultural produce from outside India.
(19) "Importers" means such person/firm who imports agricultural produce from outside India.
(20) "License" means - license granted under this Act.
(21) "Licensee" means a person or association, firm, company, public sector undertaking or society holding a license issued under this Act.
(22) "Local authority" means for the purpose of representation on the Market Committee in relation to an area within the local units of (i) in any Municipal area, the Municipal Corporation, the Municipal Council, the Cantonment Board, the Sanitary Board, the Town Board, Town Improvement Trust or the notified committee or Local authority for the area; (ii) In any rural area, the Zila Parishad, the Village Panchayat, or Panchayat Samiti, Taluka Panchayat or the Nagar Panchayat, or Gaon/Gram Panchayat, Mokhurn - Parishad or any other named constituted under the Panchayat Act of respective state.
(23) "Managing Director" means the managing director of The State Agricultural Marketing Board appointed under this Act.
(24) "Market" means a market established under Section 4 which includes market area, market yard/sub yards and Market Committee.
(25) "Market Area" means area notified under Section 4 of this Act.
(26) "Market Charges" includes charges on account of or in respect of commission, brokerage, weighing, measuring, hammali (loading, unloading, and carrying), cleaning, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing.
(27) "Market Committee" means the agricultural produce Market Committee established under this Act.
(28) "Market Functionary" means a trader, a commission agent, buyer. Hamal, Processor.
a stockiest, a trader and such other person as may be declared under the rules or Bye-laws to be a market functionary.
(29) "Market Yard" in relation to a market area means a specified place and includes any enclosures, buildings or locality declared as such in any market area by the State Government or the Director or the Managing Director by notification.
(30) "Marketing" means all activities involved in the flow of Agricultural produce from the .production points commencing from the stage of harvest till these reach the ultimate consumers viz. grading, processing, storage, transport, channels of distribution and all other-functions involved in the process.
(31) "Notified Aqrlcutturai Produce" means any agricultural produce notified under Section 4 of this Act.
(32) "Other Backward Classes" means the other backward classes of Citizens as specified by the State Government from time to time.
(33) "Prescribed" means prescribed by rules made under this Act.
-6- Notification of Intention of developing and regulating marketing of Notified Agricultural produce in specified area
(34) "Private Market Yard" means such place other than the market yard/sub market yard in the market area where infrastructure has been developed and managed by a person for marketing of notified agricultural produce holding a license tor this purpose under this Act.
(35) "Processing" means anyone or more of a series of treatments relating to powdering, crushing, decorticating, desusking, parboiling, polishing, grinding, pressing, and curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to.
(36) "Processor" means a person who undertakes processing of any, notified agricultural produce on his own accord or on payment of a charqe.
(37) "Registration" means registration done under this Act.
(38) "Regulation" means regulation made by the Board/Director, in accordanc. -, II the provisions of this Act.
(39) "Retail Sale" in relation to a notified agricultural produce means a sale not exceeding such quantity as the Market Committee may by bye-laws, determine to be a retail sale in respect thereof.
(40) "Rules" means rules made under this Act by the State Government.
(41) "Scheduled Castes" and "Scheduled Tribes" shall carry the same meaning as assigned to them under clause (24) and (2) respectively of Article 366 of the Constitution of India.
(42) "Seller" means a person who sells or agrees to sell any agricultural produce.
(43) "Special Market" means a market notified as such and includes special commodity market.
(44) "Sub-Market yard" in relation to a market area means a specified place other than Market Yard and includes' any enclosure, building or locality, declared as such in any market area by the State Government or the Director IManaging Director by notification.
(45) "Trader" means a person who in his normal course of business buys or sells any notified agricultural produce, and includes a person engaged in processing of agricultural produce, but does not include an agriculturist.
(46) "Transportation" means taking agricultural produce by truck or other vehicle in course of business for marketing from one place to another.
(47) "Transporter" means a person who transports agricultural produce.
(48) "Value addition" means processing, grading, packing or other activities due to which value is added to agricultural produce.
(49) "Year" means the year as may be notified by the Government from time to time.
(50) "Schedule" means Schedule prepared by under the Act.
(51) "Market Committee Fund" means any money received by the Market Committee by way of arbitration fee or security deposit and other fund prescribed in the rules and bye-laws.
CHAPTER II Establishment of Markets
3. 1. Upon a representation made by any person Local authority or by the growers of any agricultural produce within the area for which a market is proposed to be established or otherwise, the State Government or the Director or the Ma:laging Director may, by notification and in such other manner as may be prescribed, declare its intention of developing and regulating the marketing of such agricultural produce and in such area as may be specified in the notification.
2. A notification under sub-section (1) of Section 3 shall state that any objection or suggestion which may be received by the State Government or the Director or the Managing Director within a period of not less than thirty days, to be specified in the notification shall be considered by the State Government. IDirector Managing Director.
-7- Declaration of market area and development and regulation of marketing of specified agricultural produce therein Market Yards, Sub- Market Yare/s, Farmers/ Consumer!
Farmers market and Private Market Notification of intention to alter limits of or to amalgamate or to split up market area to di-established a - market Procedure subsequent to notification under Section 6
4. After the expiry of the period specified in the notification issued Linder section 3 and after considering such objections and suggestions as may be received before such expiry and making such inquiry, if any, as may be necessary, the State Government or the Director/Managing Director may, by notification, declare the area specified in the notification issued under Section 3 or any portion thereof to be market area for the purpose of this Act and that marketing of all or any of the kinds of agricultural produce specified in the notification issued under section 3 shall be developed and regulated under this Act in such market area.
5. (1) In every market area, there may be-
(i) market yard managed by the Market Committee,
(ii) One or more than one sub market yards managed by the Market Committee,
(iii) One or more than one private market yards/ Market. Private markets managed by a person other than a Market Committee,
(iv) One or more than one farmers/ consumer markets managed by a person other than a Market Committee.
(2) The State Government shall, as soon as may be, after the issue of notification under Section 4, by notification, declare any specified place including any structure, enclosure, open place, or locality in the market area to be a market yard or sub-market yard, as the case may be and
6. (1) The State Government may, by notification,signify its intention :-
(i) to alter the limits of a market area by including within it any other area in the vicinity thereof or by excluding thereof any area comprised therein; or
(ii) To amalgamate two or more market areas and constitute one Market Committee thereof; or
(iii) To split up a market area and to constitute two or more Market Committees thereof; or
(iv) To de-establish a market;
(v) To modify the list of agricultural produce to be regulated in the market.
(2) Every notification issued under sub-section(,1 )of Section 6 shall define the limits of the area which is intended to be included in or excluded from a market area, or of the market area intended to be amalgamated into one, or of the area of each of the markets intended to be constituted after splitting up an existing market area or of the area of the market intended to be de-establish, as the case may be, and shall also specify the period which shall not be less than six weeks within which objections, if any, shall be received by the State Government.
7 (1) Any inhabitant of the market area or of the areas affected by the notification issued under sub-section (1) of Section 6 may, if he objects to anytring contained therein, submit his objections in writing to the State Government within the period specifie<i for this purpose.
(2) When the period specified in the said notification has expired and the State Government has considered and passed orders on such objection as may have been submitted to it within the said period, the State Government may, by notification.-
(a) Include the area OJ' any part thereof in the market area or exclude it there from;
(b) constitute a new Marice! Committee for the market area amalgamated; or
(c) Split up an existing market area and constitute two or more Market Committees for such areas, as the case may be; or
(d) De-establish the market;
(e) Publish modified list of agricultural produce to be regulated in the market.
..8- Effect of alteration of limits Power of State Government to issue consequential order with respect to constitutions, etc. of market commkittees on alteration of limits, amalgamation or splitting up
8. (1) Where a notification under Section 6 has been issued excluding any area from the market area and including any such area in any other market area, the State Government shall after consulting the Market Committee involved frame a scheme to determine what portion of the assets and other properties vested in one Market Committee shall vest in the other Market Committee and in what manner the liabilities of the Market Committees shall be apportioned between the two Market Committees and such scheme shall come into force on the date of publication in the Gazette.
9 (1) Where a notification under Section 6 has been issued the State Government may pass such consequential orders as it may deem fit in respect of:-
(a) Where a notification is issued under sub-section (2) of Section 7 excluding area from any market area and such excluded area is not declared to be separate market area or a notification is issued under sub-section (2), including any area within the market area, the Market Committee constituted for such market area before the date of such exclusion or inclusion shall notwithstanding anything contained in this Act, continue to be the Market Committee for the said market area until the reconstitution of such Market Committee under this Act.
(b) In the event of amalgamation of dissolved Market Committee, the committeein-charge shall consist of the following members. Namely:- i) A Chairman to be nominated by the State Government! Director/ Managing Director;
ii) Ten representatives of Agriculturists to be nominated by the State Government!
Director/ Managing Director;
iii) One representative of Traders to be nominated by the State Government! Director/ Managing Director;
iv) One representative of the Cooperative Marketinq Society functioning in the market area to be nominated by the State Government! Managing Director/ Director;
v) An Officer of Agriculture/ Cooperation Department working in the district to be nominated on the recommendation of the Collector/ Director);
vi) One member of the Weigh men and Hammals operating in the market area holding license from the Market Committee to be nominated by the registered union of Hamal & Weigh men;
vii) One representative of the Local authority of the headquarter of the committee (Chairman of Nagarpalika/ rvlahanagarpalika, Panchayat Samiti or Zilla Parishad as the case may be);
(c) Where in case of split up of a Market Committee each committee-in-charge consisting of a Chairman, Ten representatives of Agriculturists and a representative of Traders shaf be constituted:
Provided thati) Chairman of the dissolved Market Committee shall be nominated Chairman of the newly established Market Comrnittee of which he is a voter and for the other Market Committee. The State Government shall nominate a Chairman who possesses the qualifications prescribed in sub-section (I) of Section 15;
ii) Representative of agriculturists of dissolved Market Committee shall also be nominated as member of newly established Market Committee of which he is voter and remaining representatives of the agriculturists shall be nominated by the State Government who possesses the qualifications prescribed in subsections (1), (2) and (3) of Section 14C;
iii) Representative of traders of the dissolved Market Committee shall be nominated as a member of the newly established Market Committee of which he is a voter -9- Establishment of Market committee and its incorporation Vesting of property of Local Authority in Market Committee and for the other Market Committee, the State Government shall nominate such licensee trader as representative of traders who possesses the qualifications prescribed in clause (c) of sub-section (1) of Section 14C;
iv) One representative of the Cooperative marketing society functioning in the market area to be nominated by the State Government / Managing Director / Director (who shall be elected by the managing committee of such society);
v) An officer of the Food Security & Agriculture Development! Horticulture & Cash Crop Development Departmenfworking in the district to be nominated on the recommendation of the Collector/ Director;
vi) One member of the Weigh men and Hammals operating to be nominated by the registered union of Hamal & Weigh men;
vii) One representative of the Local authority of the places where the Market Committee is located (Chairman of Nagarpalika/ Mahanagarpalika. Panchayat Samiti or Zilla Parishad as the case may be);
viii) The committee-in-charge constituted under sub-section (1) shall subject to the control of the Director/ Managing Director, exercise all the powers and perform all the duties of the Market Committee under this Act.
(2) The provisions of constitution of a sub-section (1) as they apply to the constitution of a Market Committee first time under Section 14 shall apply to the Market Committee under sub-section (4) for a market established for the first time.
CHAPTER III Constitution of Market Committee
10. (1) For every market area, there shall be a Market Committee havinq jurisdiction over the entire market area.
(2) Every Market Committee shall be a body Corporate Committee and by such name as the State Government or the Director may, by notification, specify. It shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall subject to such restrictions as are imposed by or under this Act, be competent to conduct and to acquire, hold, lease, sell or otherwise transfer any property and to do all other things necessary for the purpose for which it is established:
Provided that no immovable property 'shall be acquired or transferred by way of sale, lease or otherwise without the prior permission of the Director/ Managing Director.
(3) Notwithstanding anything contained in any enactment for the time being in force, every Market Committee shall for all purposes, be deemed to be a Local authority.
11 (1) The Market Committee may require a Local authority to transfer to it any land or building belonging to the Local authority which is situated within the market area and which, irnmediately before the establishment of the market was being used by the Local authority for the purposes of the market and the Local authority shall within one month of the receipt of the requisition, transfer the land and or building, as the case may be, to the Market Comrnittee on such terms as may be agreed between them.
(2) Where within a period of thirty days from the date of receipt of requisition by the Local authority under sub- section (1) no agreement is reached between the Local authority and the Market Comrnittee under the said sub-section, the land or building required by tho Market Committee shall vest in the Market Committee for the purposes of this Act and the Local authority shall be paid such compensation as rnay be determined by the Collector under sub- section (5).
-1D- Appointment of Office-in-Charge of Market committee pending constitution of first Market Committee
Provided that no compensation sha'l be payable to a Local authority in respect of any land or building this had been vested in it by virtue of the incurred by the State Government in connection with the acquisition, the land shall vest in the board or the Market Committee, as the case may be:
Provided that once a proposal is made by the Market Committee, it shall not be withdrawn by it except for such reasons as may be approved by the State Government.
(12) The Board or the Market Committee shall not without the previous sanction of the State Government transfer any land which has been acquired for this purpose by the Board or the Market Committee under sub-section (1) or divert such land to a purpose other than the purpose for which it has been acquired:
Provided that the premises used for market yard, sub market yard or for the purpose of the Board shall not be deemed to be included in the limits of the Municipal Corporation. Municipal Council Notified Area, Gram Panchayat or a Special Area Development Authority, as the case may be.
13. (1) When a Market Committee is established for the first time under this Act, the State Government or the Director or Managing Director shall by an order appoint;
A person to be the officer-in-charge for a period not exceeding two years, or a committee-in-charge for a period not exceeding two years. Tile members of the Market Committee may be appointed from among persons representing the same interests and in the same proportion as specified in Section 14. The Officer-in- Charge or the Committee-in-charge shall subject to the control of the Director/ Managing Director, exercise all the powers and perform all the duties of the Market Committee under this Act:
Provided that the State Government or the Director may at any time during the period aforesaid appoint committee-in-charge in place of Officer-in-Charge and officer-in-charge in place of Committee-in-charge as the case may be, so appointed shall hold office or shall function for the remainder of the period available to its predecessor:
Provided that in the event of death, resignation, leave or suspension of the Officer-in-charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by appointment of a person thereto by the State Government or the Director / Managing Director and until such appointment is made, a person nominated by Director/Managing Director shall Act as Officer-in- charge:
Provided that if the Market Committee is constituted before the expiry of the period aforesaid the officer- in-charge shall cease to hold office or the committeein-charge shall cease to function on the date appointed for the first general meeting of the newly constituted Market Committee.
(2) In the event of a vacancy occurring on account of death, resignation or otherwise of the members of the Market Committee-In-charge, the vacancy shall be filled in by fresh appointment by the State Government or the Director or the Managing Director.
(3) Any officer- in-charge or any or all persons appointed as the committee-in-charge under clause (a) of sub-section (1) may at any time be removed by the Director/ Managing Director who shall have power to appoint another person or persons, as the case may be, in his or their place or places.
(4) Every person appointed officer-in-charge under sub-section (1) shall receive from the Market Committee fund for his services such honorarium and allowances as may be fixed by the Director/Managing Director and every member of the committee-in-charge shall be entitled to receive from the Market Committee -11- Constitution of Market Committee fund. Allowances at such rate at which allowances are payable to members of the Market Committee.
14. (1) Every Market Committee shall consist of the following members, namely
(i) Five members shall be agriculturists possessing such qualifications as may be prescribed to be elected by the Managing Committee members of the primary agricultural cooperative societies functioning in the market area and by the Sarapanch and members of the Village Panchayat of which two shall be elected from amongst the committee members of Primary Agricultural Societies:
Provided further out of 5 representatives of agriculturist at least one shall belong to each of the following sections of the society -
1. Scheduled Caste!Tribe (one member)
2. Other Backward Class (one member)
3. Most Backward Class (one member) (Women):
Provided further that no agriculturist will be eligible to be elected as representative of agriculturists unless he has sold agricultural produce in the market in proceeding two successive years:
Provided further if the committee is established first time, then no agriculturist will qualify to be elected as a representative of agriculturist unless he has sold agricultural produce in the market durinq the last six months;
(ii) Two members shall be licensed traders elected amongst them in the manner prescribed;
(iii) One member shall be a representative of the Co-operative Marketing Societyl, which has the headquarters within market area:
Provided further if there is more than one such society the representative will be elected as prescribed;
(iv) Two members shall be the Government nominees out of whom one member shall be the representative of the State Department of Food Security and Agriculture Development I Horticulture & Cash Crop Development land District Collector Office each;
(v) One representative of Local authority (Chairman of Nagarpalika from Municipalities, or Municipal Corporation Mahanagarpalika, Panchayat Samiti or Zilla Parishad as the case may be).
(2) A member elected under clauses (i), (ii), (iii) and (vi) of sub-section (1) shall cease to hold office as such member if he ceases to be a member of the electorate by which he was elected.
(3) The State Government may make rules to. provide for the election of the members of the Market Committee, the authority which shall conduct election, determination of constituencies, the preparation and maintenance of the list of voters,disqualifications for being chosen as and for being, a member the right to vote, the payment of deposit and its forfeiture, election offences, the determination of election disputes and all matters ancillary thereto.
(4) On the failure of the electorate mentioned in clause (i) and (ii) of sub-section (1) to elect a member or members referred to in the said clause after the proceedings have been started in accordance with the provisions of this Act or the rules made there under, the State Government shall nominate on behalf of the electorate concerned a person or persons qualified to be a member as member or members of the Market Committee.
(5) Members of every Market Committee shall hold office for a period of five years from the date of the first general meeting of the Market Committee.
(6) If within the period mentioned in sub-section (5) the Market Comrnittee is not newly constituted, the :v1arketCommittee shall on the expiry of such period, be . deemed to have been dissolved.
(7) An elected member of the Market Committee may resign his office at any time by a letter in writing addressed to the Director/Managing Director to that effect and his office shall become vacant on expiry of fifteen days from the date of ..12- Constitution of Market Committee such resignation unless within the said period of fifteen days he withdraws the resignation by another letter in writing addressed to the Director/ Managing Director.
(8) In the event of the death, resignation or removal of a member before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in office and such vacancy shall be filled as soon as may be by the election or nomination, as the case may be, of a person thereto as member, who shall take office forthwith and shall hold such office for the unexpired term of his predecessor; provided that no casual vacant shall be filled which occurs within a period of four months preceding the date on which his term expires.
(9) The Chairman and other members of the Market Committee shall be paid from.
the Market Committee funds such honorarium. sitting fees, traveling allowances and other allowances as may be fixed by the Director/ Managing Director from time to time.
OR (Choose 14 or set of 14A, 148, 14C, 14D)
14.A
(a)
(b)
(1) A Market Committee shall consist ofthe Chairman elected under Section 17;
Ten representatives of agric,ulturists possessing such qualifications as may be prescribed chosen by direct election from the constituencies of a market area in accordance with the provisions of this Act and the rules made there under:
Provided further that no agriculturist may be qualified to be elected as representatives of agriculturist unless he has sold agricultural produce in the market successively for last two years:
Provided further if the committee is established first time, then no agriculturist will qualify to be elected as a representative of agriculturist unless he has sold agricultural produce in the market during the last six months.
(c) One representative of traders possessing such qualifications as may be prescribed, elected by and from amongst the persons holding registration from the Market Committee for a period of two successive years as traders or owners or occupiers of processing factories under this Acts:
Provided that in the case of Market Committee established for the first time under Section 13, the qualifying period of holding license from such Market Committee shall be six months:
Provided further if total number of registered traders for a period of their successive years is more than 100 then there will be two representatives:
Provided also that no person shall be a voter of more than one Market Committee at a time:
Provided also that no person shall be a voter unless.- i) he has completed the age of 18 year;
(ii) he is not a defaulter of the Market Committee.
(2) Every committee will have following committee members-
(a) One representative of the Cooperative Marketing Society functioning in the market area who shall be elected by the managing committee of such society:
Provided that if more than one such society functions in the market area.
such member shall be elected by all the members of tile managing. Committees of such societies:
-13- Division of Market Area constituencies and reservation of seats Qualification to vote and to be representative of Agriculture for
Provided further that nothing in this clause shall apply if the managing committee of any society stands superseded under the provisions of the State Cooperative Societies Act;
(b) An Officer of the Food Security Agriculture Development Department of the State Government to be nominated by the Collectorl Director;
(c) One representative of the Weigh men and harnrnals operating in the marketing area holding license from the Market Committee to be nominated by the Chairman of the Market Committee;
(d) One representative of the Gram Panchayat or Zilla Panchayat that falls within the jurisdiction of the market area nominated by the Chairperson of the Zilla Panchayat:
Provided that in the Market Committee situated at the District headquarters the representative shall be nominated from amongst the members of the Zilla Panchayat only,
(3) Only members under sub-section (1) shall have a riqht to vote,
(4) The State Government may make rules for the preparation of voters' list and conduct of election.
(5) If the electorate under clause (b) or (c) of subsection (1) fails to elect a representative, the Collector shall nominate the representative of the agriculturists or traders, as the case may be.
(6) Every election and nomination of the member shall be notified by the Collector in the Official Gazette.
148.(1) The Collector shall by notification divide a market area into as many numbers of constituency's equal 32 to the number of the representatives of the agricultu rists to be chosen from that area.
(2) Seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Market Committee and the number of seats so reserved shall bear as nearly as may be the same proportion no the total number of seats to be filled in that Market Committee as the population of Scheduled Castes or Scheduled Tribes in that Market area bears to the total population of that area and SUCllseats shall be allotted to the constituencies in the prescribed manner.
(3) Where the total number of seats belonging to Scheduled Castes and Scheduled Tribes in a market area is fifty percent 01' less than fifty percent, twenty five percent of total number of seats shall be reserved for Other Backward Classes.
(4) Not less than one third of the total number of seats reserved under sub-sections
(2) and (3) shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes or Other Backward Classes, as tile case may be.
(5) Not less than one third (including the number of seats reserved for women belonging to Scheduled Castes, Scheduled Tribes and Other backward Classes of the total number of seats shall be reserved for women and such seats shall be allotted by the Collector to different constituencies in the prescribed manner.
(if the election is indirect, this will not apply).
14C(1) Every person .-
(a) whose name is entered as Land owner in the village land records;
(b) who ordinarily resides in the market area;
(c) who has completed the age of 18 years; and
(d) whose name is included in tile voter's list prepared under the provisions of this Act and the Rules made there under: shall be qualified to vote at the election of a representative of agriculturists:
Provided that no person shall be eligible to vote in more than one constituency.
First meeting, terms of officer, resignation by Chairman, vice- Chairman or Member and vacancy in their office Chairman and Vice- Chairman of Market Committee
(2) No person shall be qualified to be elected as a representative of agriculturists unless-
(a) his name is included in the list of voters as agriculturist of the market area;
(b) he is an agriculturist;
(c) he is otherwise not disqualified for being so elected.
(3) No person shall be eligible for election from more than one Market Committee or constituency as the case may be.
140. (1) The first meeting of the Market Committee shall be convened by the Collector within one month from the date of publication of result of election of and members in the official gazette.
(2) The Chairman, Vice Chairman and members of the Mai-ket Committee shall hold office for a period of their five years from the date of the first meeting of Market Committee provided that if on the expiry of the term of the Market Committee, a new Market Committee is not constituted the Market Committee shall be deemed to have been dissolved and in such an event the provisions of Section 13 shall apply.
(3) The Chairman, Vice Chairman or a member may resign his office at any time in writing addressed to the Collector and such resignation shall be effective from the date of its acceptance by the Collector.
(4) Any person who is elected as a Chairperson or Vice Chairperson of a Municipal Corporation, Municipal Council, Nagar Panchayat, Panchayat or Cooperative Society is elected as Chairperson or Vice Chairperson of the Market Committee or vice versa may, by notice in writing signed by him and delivered to the Collector prescribed authority within thirty days from the date. or the later of the dates, on which he is elected, intimate in which of the office he wishes to serve, and thereupon, his seats in the body in which he does not wish to serve, shall become vacant and in default of such intimation within the aforesaid period, his seat in the Market Committee shall, on the expiration of that period, become vacant.
(5) In the event of death, resignation, or removal of the Chairman. Vice Chairman or a Member before the expiry of his term or on the occurrence of a vacancy under sub-section (4), or otherwise, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled within six months by election in accordance with the provisions of the Act and the Rules and a person so elected or nominated shall hold office for the unexpired portion of the term of his predecessor:
Provided that if the remaining term of the office is less than six months, such vacancies shall not be filled in.
(6) In the event of occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or removal or otherwise the Vice Chairman and if the office-of the Vice Chairman is also vacant then notwithstanding anything contained in this Act, such a member of the Market Committee who is elected under clause (I) of sub-section (1), of Section 14, as the Collector may appoint shall exercise powers and perform the functions of the Chairman till the Chairman is duly elected.
15. (1) Every Market Committee shall have a Chairman and Vice-chairman a Vice- Chairman. The Chairman and Vice-Chairman of Market shall be elected by the elected members of the Committee Market Committee from amongst those who are representatives of agriculturists.
(2) After every general election, the Market Committee shall elect the Chairman and Vice-Chairman at its first general meeting, which shall be convened by the Director/Managing ,Director/Collector within one month of the general election.
-15- Election of Chairman and Vice-Chairman Tile Chairman and Vice-Chairman so elected shall hold office for the full term from the date on which they enter upon their respective offices,
(3) The Chairman and Vice-Chairman shall notwithstanding the expiry of their term of office, continue to hold office until their successors enter Lipan their office,
(4) The meeting convened for the election of the Chairman and Vice-Chairman shall be presided over by the Director/Managing Director or any officer authorized by him in this behalf, The Director/Managing Director or such officer, when presiding over the meeting, has the same powers as the Chairman when presiding over, a meeting of the Market Committee, but shall not have the right to vote,
(5) If in the election of a Chairman or Vice-Chairman there is an equality of vote, the result of the election shall be decided by lots to be drawn in the presence of the officer presiding in such manner as he may determine,
(6) In the event of dispute, arising as to the validity of the election of a Chairman or Vice-Chairman the Collector, if he is the presiding officer shall decide the dispute himself and in any other case officer presiding shall refer the dispute to the Collector for decision, The decision of the Collector shall subject to an appeal to the Commissioner shall be final and no suit or other proceedings shall lie in any Court of Law in respect of such decision, OR
15A.(1) The Chairman shall be chosen by direct election by the persons qualified to vote for the election of representatives of the agriculturists and traders in the prescribed manner:
Provided that no person shall be eligible for election as Chairman unless he is qualified to be elected under sub-sections (2) and (3) of Section 14C,
(2) The offices of the Chairman shall be reserved for the Scheduled Castes and Scheduled Tribes and the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of such offices in the State as the population of the Scheduled Castes and Scheduled Tribes in the States bears to the total population of the State and these offices shall be allotted, by the Director/Managing Director to the Market Committee s in the prescribed manner,
(3) Twenty five percent of the total number of offices of Chairman shall be reserved for Other Backward Classes and such seats shall be allotted in the prescribed manner by the Director/Managing Director, to such Market Committees, which are not reserved for Scheduled Castes or Scheduled Tribes,
(4) Not less than one third of the total number of offices of Chairman reserved under sub-sections (2) and (3) shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes or Other Backward Classes, as the case may be,
(5) r~ot less than one third (including the number of offices) reserved for women belonging to the Scheduled Castes and Scheduled Tribes and Other Backward Classes of the total number of offices of Chairman in the State shall be reserved for wornen and such offices shall be allotted by the Managing Director to different Market Committees in the prescribed Manrer,
(6) No person shall be eligible to contest election simultaneously for office of the Chairman and member, Resignation by Chairman and Vice- Chairman and vacancy in their office No confidence motion against Chairman and Vice- Chairman
(7) If any market area fails to elect a Chairman fresh election proceedings shall be initiated to fill the office within six months:
Provided further that pending the election of Chairman under this sub-section the Vice-chairman shall discharge all the functions of the Chairman.
(8) There shall be a Vice-Chairman of the Market Committee who shall be elected by and from amongst the elected member thereof in the first meeting of the Market Committee.convened under sub-section(1) of Section 14 in the prescribed manner:
Provided that if the Chairman of the Market Committee does not belong to Scheduled Castes, Scheduled Tribes or Other Backward Classes, the Vice Chairman shall be elected from amongst the elected members belonging to such castes, tribes or classes:
Provided further that no person shall be eligible for election as Vice-Chairman unless he is an agriculturist.
(9) Every election of Chairman and Vice-chairman shall be notified in the office Gazette by the Collector.
16. (1) A member holding office of Chairman or Vice- Chairman may resign his office at any time in and Vice-writing addressed to the Collector/ Director and the Chairman office shall become vacant on the expiry of fifteen days and vacancy in clear days from the date of such resignation. unless their office within the said period of fifteen days he withdraws the resiqnation in writing addressed to the Collector! Director.
(2) Every Chairman and Vice-Chairman shall vacate office if he ceases to be a member of the Market Committee.
(3) During the vacancy caused by death, resignation, removal or otherwise in the office of the Chairman, the Vice-Chairman and if the office of Vice Chairman is also vacant then notwithstanding anything contained in this Act, such member of the Market Committee as the Collector may appoint, shCl,,11exercise the powers and perform the functions of the Chairman till the Chairman is duly elected.
17. (1) A motion of no confidence may be moved against the Chairman or the Vice- Chairman at a meeting specially convened for the purpose under sub-section
(2) and if the motion is carried by a majority of not less than two-third of the members of the committee, cease to be the Chairman or Vice chairman as the case may be.
(2) For the purpose of sub-section (1) a meeting of the Market Committee shall be held in the prescribed manner within thirty days of the date of receipt of the notice of motion of no confidence.
(3) The Chairman or Vice-Chairman shall not preside over the meeting, but such meeting shall be presided over by an officer of the Government as the Collector/ Director/Managing Director may appoint forthe purpose. However, the Chairman or Vice-Chairman as the case may be, shall have the right to speak and otherwise to take part in the proceedings of the meeting.
(4) If the motion of no confidence is not accorded as aforesaid or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing vote of confidence in the same Chairman or Vice-Chairman shall be made until after the expiry of six months from the date of such scheduled meeting.
-17- Seizure and taking posession of record and property of Market Committee under certain conditions Classification of Market Special Market and Special Commodity Market Constitution of Market Committee for Special Market
18. (1) Where the Director/Managing Director is satisfied that the books and records of a Market Committee are likely to be suppressed, tampered with or destroyed, or the funds and property of a Market Committee are likely to be misappropriated or taking misapplied, the Director/ Managing Director may possession order for and property of Market
(2) On receipt of the Order under sub-section (I), the Committee police officer not below the rank of sub-Inspector of the local area shall enter and search any place where the records and property are kept or are likely to be kept and to seize them and hand over possession thereof to the Director/ Managing Director or the person authorized by him, as the case may be.
CHAPTER-IV Classification of Market and Special Market
19. State Government! Director/ Managing Director may classify the market constituted under Section 4. in to various categories on the basis of the criteria as may be prescribed.
20 (1) State Government may by notification declare any market area as 'Special Market' or 'Special Commodity Market' after consideration of such aspects as turnover, serving large area and special infrastructure requirements of particular commodity, to be operated in addition to the existing market.
(2) Save as provided under sub-section (1) of Section 14,the State Government may by notification, establish separate Market Committee for effective implementation of provisions of this Act for such markets which are notified as special market under sub- section (1).
(3) All provisions for and in relation to the Market Committee made in the Act shall mutatis mutandis apply to the Market Committee established for the special market under sub- section (1).
21. (1) Save as provided under sub-section (1) of Section 14, every Market Committee shall consist of following members namely- for special
1. Agriculturists (to be nominated by the State Government market from amongst the agriculturists residing in the State) 5
2. Traders (to be nominated by the State Government from amongst the traders holding trading (incense in any Market Committees in the State). Out of the traders so nominated, at least two shall hold the license from the Market Committee of Special Market 4
3. Municipal Commissioner or his nominee of the area where the Special Market is located 1
4. The Collector or his nominee of the District in which Special Market is located.... . 1
5. ChiefTown Planner or the authority exercising such powers 1
6. Representative of the Registrar of Cooperative Societies 1
7. Director of marketing of the State or his nominee (Ex-Officio member) 1
8. Chief Executive Officer (or his nominee) of the State Agricultural Marketing Board (Ex-Officio Member) 1
9. Representative of other States where from arrivals are received by the special market (to be nominated by the respective State Government. on receipt of request for such nomination by the State Government where Special Market is located ..... 3 (preferably growers).
10. Executive Member (to be appointed by the State Government). Executive Member shall act as the Chief Executive Officer of the Market Committee 1 Chairman and Vice- Chairman of Special Market Executive Committee for Special Market Chief Executive of the Market Committee of Special Market functions and powers.
11. Agricultural Marketing Advisor to the Government of India or his nominee 1
(2) The Market Committee shall meet at least once in six months.
22. The Market Committee, for Special Market shall have Chairman and Vice-chairman who may be nominated by for Special the State Government for such period as may be specified market tile members shall hold office during the pleasure of the State Government.
23. (1)
(i)
(ii)
(iii)
(iv)
(v)
(vi) There shall be Executive Committee of the Market Committee of the Special Market consisting of- One representative of the traders holding the trading license in the Market Committee of Special Market.
One representative of growers.
Representative of the Registrar of Cooperative Societies.
Director of Marketing or his nominee.
Chief Executive Officer (or his nominee) of the State Agricultural Marketing Board.
Executive Member of the Market Committee who shall Act as the Member- Secretary of the Executive Committee.
24.
(2) In case of emergency, the Executive Committee may decide issues requiring approval of the Market Committee.
However, such decisions st1811have to be approved by the Market Committee within 45 days from the date, such decisions have been taken. Failure in so or in the event of disapproval of such decisions by the Market Committee, such decisions shall stand null and void.
(3) The Executive Committee will meet as often as necessary, but at least once in two months.
Executive member of the Market Committee shall Act as the Chief Executive Officer of the Market Committee of the Special Market. The Chief Executive officer shall-
(i) Exercise supervision and control over the officers, and staff of the Market Committee in matter of executive administration concerning accounts and records and disposal of all questions relating to the services of the officers and staff of the Market Committee as per the prescribed procedure.
(ii) Appoint officers and staff of the Market Committee as per direction and procedure prescribed by the Market Committee.
(iii) Incur expenditure from the Market Committee fund for the sanctioned items of work.
(iv) In cases of emergency, direct the execution of stop- page of any work and doing of any Act which requires the sanction of the Market Committee.
(v) Launch prosecution for violation of provision of this Act and rules and by-laws made thereof.
(vi) Issue licenses to the functionaries operating in the market.
(vii) Prepare Annual budget of the Market Committee.
(viii) Arrange for summoning the meetings of the Market Committee and maintenance of records of the proceedings of such meetings.
(ix) Inspect from time to time the construction work undertaken by the Market Committee and send report of such inspection to the Chairman of the Market Committee.
(x) Report such acts of the Market Committee or members of the Market Committee including the Chairman and Vice-chairman which are contrary to the provisions of this Act and Rules and By-laws framed thereof to the Director of Marketing.
-19- Meeting etc. of Market Committee Power and duties of Market Committee
(xi) Take such steps as deemed necessary for effective discharge of the functions and decisions of the Market Committee .
CHAPTER V Conduct of Business and Powers and Duties of lVlar~(etCommittee 25, ~1) Subject to the provisions of this Act, the Market Committee shall conduct its business as may be prescribed.
(2) A Market Committee shall meet for the transaction of its business at least once in every month, provided that the Market Committee may in special circumstances meet at any time and at any place in the market area 8S may be prescribed.
(3) Chairman shall preside over meetings of Market Committee and if he is absent, the Vice-Chairman shall preside over meeting of the Market Committee and if at any meeting both the Chairman and the Vice-chairman are absent, such one of the members present in the meeting as may be chosen by the members present may Act as Chairman.
26. (1) It shall be the duty of the Market Committee-
(i) to implement the provisions of this Act. the rules and tile bye-laws made there under in the market area;
(ii) to provide such facilities for marketing of agricultural produce therein as the .Director/Managing Director Board or the State Government may from time to time direct;
(iii) to do such other acts as may be required in relation to the superintendence, .direction and control of market or for regulating marketing of agricultural produce in any place in the market area, and for the purposes connected with the matters aforesaid, and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act;
(iv) and to do a/l such other acts to bring about complete transparency in pricing system and transactions taking place in market area.
(2) without prejudice to the generality of the forqoinq provisions:-
(a) market Committee may-
(i) maintain and manage the market yards and sub-market yards within the market area;
(ii) provide the necessary facilities for the marketing of agricultural produce within the market yards and outside the market yards and within the sub-market yards and outside the sub-market yards in the market area;
(iii) register or refuse registration to market functionaries and renew, suspend or cancel such registration, supervise the conduct of the market functionaries and enforce conditions of registration;
(iv) regulate or supervise the auction of notified agricultural produce in accordance with the provision and procedure laid down under the rules made under this Act or bye-laws of the Market Comrnittee ;
(v) conduct 0, supervise the auction of notified agricultural produce in accordance with the procedure laid down under the rules made under this Act or Bye-Laws of the Market Committee;
(vi) regulate the making, carrying out and enforcement or cancellation of agreements of sales, Weighmen, delivery, payment and a/l other matters relating to the market of notified agricultural produce in the manner prescribed;
(vii) provide for the settlement of all disputes between the seller and the buyer arising out on any kind of transaction connected with the marketing of notified agricultural produce and all matters ancillary thereto;
(viii)takectil possible steps to prevent adulteration of notified agricultural produce;
~2a~
(ix) make arrangements for employing by rotation, Weigh men and harnrnals for weighing and transporting of goods in respect of transactions held in the market yard/ sub yards;
(x) set up and promote public private partnership in management of the Agricultural Markets;
(xi) to promote public private partnership for carrying out extension activities in its area viz., collection, maintenance and dissemination of information in respect of production, sale storage. processing, prices and movement of notified agricultural produce;
(xii) take measures for the prevention of purchases and sales below the minimum support prices as fixed by the Government trorn time to time;
(xiii) levy, take, recover and receive rates, charges. fees and other sums of money to which the Market Committee is entitled;
(xiv) employ the necessary number of officers and servants for the efficient implementation of the provisions of this Act, the Rules and the Bye-Laws as prescribed;
(xv) regulate the entry of persons and vehicles, traffic into the market yard and sub-market yard vesting in the Market Committee:
(xvi) prosecute persons for violating the provisions of this Act, the Rules and the Bye-Laws and compound such offences;
(xvii) acquire land and dispose of any movable or immovable property for the purpose of efficiently carryinq out its duties;
(xviii) impose penalties on persons who contravene the provisions of this Act, the rules or the bye-Laws or the orders or directions issued under this Act. The rules or the bye-laws by the Market Committee, its Chairman or by any officer dul~1authorized in this behalf;
(xix) institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action proceeding, application or arbitration;
(xx) pay, pension, allowances, gratuities, contribution towards leave allowance, pensions or provident fund of the officers and servants employed by the Market Committee in the manner prescribed;
(xxi) administer Market Committee fund referred to in Section 58 and maintain the account thereof in the prescribed manner;
(xxii) keep a set of standard weights and measure in each principal market yard and sub-market yard against which Weigh men and measurement may be checked;
(xxiii) inspect and verify scales, weights and measures in use in a market area and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed;
(xxiv) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle birds etc., which are bought or sold in the market yards/market area;
(xxv) carry out publicity about the benefits of regulation, the system of transaction, facilities provided in the market yard etc. through such means as poster, pamphlets, hoardinqs, cinema slides, film shows, group meetings, electronic media etc., or through any other means considered more effective or necessary;
(xxvi) ensure payment ill respect of transactions which take place in the market yard to be made on the same day to the seller, and in default to seize the agricultural produce in question along with other prooerty of tho person concerned and to arrange for re-sale thereof and in the event of loss, to recover the same from the original buyer together with charges for recovery of the losses, if any, from t!lA original buyer and effect payment of the price of the agricultural produce to the seller;
-21- Mode of making contract.
measures to be tested and verified once in the course of each calendar year through the agency appointed and in accordance with the requirements of the said Act and Rules.
(3) The Market Committee shall allow any person to check free of charge any weight or measure in his possession against the weights and measures maintained under this section.
(4) Weighing instruments, weights and measures kept by the committee under this section may at any time be inspected, examined and checked by the Director or tile Managing Director or any other officer duly authorized in this behalf by the Director/Managing Director. After inspection, the inspecting authority may give such directions as it may deem proper, the committee shall be bound to comply with such directions.
(5) The Director/Managing Director or the Market Committee, and any other person authorized in this behalt by the Director/ Mallaging Director or Market Committee SIHII be entitled at any time and without previous notlce to inspect, examine and test any weighing instruments, weights or measures used, kept or possessed within a notified market area by a licensee under the Act, and every such licensee in possession of any such weiglling instrument, weights or measures sha!1when required be bound to produce the same before the person entitled so to inspect, examine and test it.
(6) Any person authorized to inspect, examine and test any weighing instrument, weights or measures under SUb-section (5) shall, while so acting, have all the powers of an Inspector, Weights and Measures appointed under the State Weights and Measures Act.
Subject to the provision of this Act. No contract or"agreement on behalf of the Market Committee for the purchase, sale, lease, mortgage or other transfer of, or acquisition of interest in immovable property shall be executed except with the sanction of the Market Committee:
Provided those in such cases where the powers under this sub section in respect of any matter are delegated to. A sub-committee, sanction of sub-committee shall be obtained.
(2) Save as provided in SUb-section (1)
(a) Chief Executive Officer of the Market Committee may execute contract or agreement on behalf of the Market Committee wilere the amount or value of such contract or agreement does not exceed rupees five thousand regarding matters in respect of which he is generally or specifically authorized to do so by a resolution of the Market Committee.
(b) tile Chairman and Chief Executive Officer of the Market Committee may jointly execute a contract or an agreement on behalf of the Market Committee when the amount or value of such a contract or an agreement does not exceed rupees twenty thousand depending on the class of the Market Committee as may be prescribed;
(c) in any case other than those referred to in clause of Section 34 a contract or agreement on behalf of the Market Committee shall be executed by the Chairman, Chief Executive Officer and one other member of the Market Committee who shall have been generally or specially authorized by a resolution of the committee to do so.
34. (1)
(3) Every contract entered into by the Market Committee shall be in writing and shall be signed on behalf of the Market Committee by the person or persons authorized to do so under sub-section (2) of Section 34.
(4) ~Jocontract other than a contract executed as provided in sub-sections (1),
(2) or (3) of Section 34 shall be valid and binding on the Market Committee.
-24- Act of Market Committee etc. not to be invalidated Chief Executive Officer of Market Committee
(5) (a) Notwlthstandinq anything contained in the Indian Registration Act, 1908 (No.16 of 1908), it shall not be necessary for the Chairman or any member or officer or Chief Executive Officer of a Market Committee to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity or to sign as provided in Section 58 of the Act.
(b) Where any instrument is so executed. The Registration Officer to whom such instrument is presented for registration may, if he thinks fit, refer to such Chairman, member, officer or Chief Executive Officer for furnishing information respecting the same and shall on being satisfied of the execution thereof, register the instrument.
(6) Where a contract or agreement is entered into on behalf of a Market Committee, the Chief Executive Officer of the Market Committee shall report the fact to the Market Committee at its meeting convened and held immediately following the date of entering into such a contract or an agreement.
35. No act of Market Committee or of any sub-committee thereof or of any person acting as a member, Chairman, Vice- Chairman, presiding authority or Chief Executive Officer shall be deemed to be invalid by reason only of some defect in the constitution or appointment of such Market Committee, sub-committeemembers,Chairman.
Vice-Chairman, presiding authority or Chief Executive Officer or on the ground that they or any of them were disqualified for such office or that formal notice of the intention to hold a meeting of the committee or of the sub-committee was not given duly or by reason of such Act having been done during the period of any vacancy in the office of the Chairman, Vice-Chairman or Chief Executive Officer or member of such committee or sub-committee or for any other informality not effecting the merits of the case.
CHAPTER-VI Staff of Market Committee
36. (1) Every Market Committee shall have a Chief Executive Officer who shall be the chief executive of the market and the custodian of all the records and properties of the market and shall exercise and perform the following powers and duties in addition to such other duties as may be specified in this Act, the Rules or Bye- Laws, namely.-
(i) convene the meetings of the Market Committee and of tile sub-committees, if any, and maintain minutes of the proceedings thereof;
(ii) attend the meetings of the Mat'ket Committee and of every sub-committee and take part in the discussions but shall not move any resolution or vote at any such meeting;
(iii) take action to give effect to the resolution of the committee and of the subcommittees, and report about all actions taken in pursuance of such resolution to the committee as soon as possible;
(iv) prepare the budget proposal;
(v) furnish to the Market Committee such returns, statements, estimates, statistics and reports as the Market Committee may from time to time, require including reports;
(a) regarding the fines and penalties levied on and any disciplinary action taken against the members of the staff and the market functionaries and others;
(b) regarding over-trading by traders;
(c) regarding contravention of the Act, the rules, the Bye-laws of the standing orders by any person;
-25- Appointment of Staff by Market Committee
(d) regarding the suspension or cancellation of license by the Chairman or the Director;
(e) regarding the administration of the Market Committee and the regulation of the marketing;
(vi) produce before the committee such documents, books, registers and the likes as may be necessary for the transaction of the business of the committee or the sub-Committee, and also whenever called upon by the Market Committee to do so;
(vii) exercise supervision and control over the acts of all officers and servants of the committee;
(viii)collect fees and other money livable by or due to the Market Committee;
(ix) be responsible for all moneys credited to or received on behalf of the Market Committee;
(x) make disbursements of all moneys lawfully payable by the Market Committee;
(xi) report to the Chairman and Director or Managing Director as soon as possible in respect of fraud, embezzlement, theft or loss of Market Committee fund or property;
(xii) prefer complaints in respect of prosecutions to be launched on behalf of the Market Committee and conduct proceedings, civil or criminal, on behalf of the Market Committee.
(2) The Chief Executive Officer shall be appointed by the Market Committee from the panel maintained by the Director/ Board. The Director/ Board shall draw upon such panel of the candidates which may include professionals from open market to be appointed as Chief Executive Officers as may be prescribed.
Director/ Managing Director shall have powers to appoint Chief Executive Officer from the services of the State Government !Board and such appointments shall be binding on the Market Committee.
37. (1) Every Market Committee may appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties:
Provided that no post shall be created save with the prior sanction of the Director! Managing Director.
(2) The Market Committee may make bye-laws for regulating the appointment, pay, leave, leave allowances, pensions, gratuities, contribution to provident fund and other conditions of service of officers and servants appointed under sub-section
(1) and for providing for the delegation of powers, duties and functions to them.
(3) Notwithstanding anything contained in this Act or any Rules or Bye-Laws made there under,the Director/ Managing Director may, subject to the conditions specified in sub-section (4) , transfer on deputation any officer or servant of any Market Committee carrying a maximum scale of pay as prescribed to any other Market Committee of the Revenue Division and it shall not be necessary for the Director! Managing Director to consult either the Market Committee or the officer or servant concerned before passing an order of transfer on deputation under this sub-section.
(4) The officer or servantL:oncerned transferred under sub-section (3) shall,
(a) have his lien on the post held in the parent Market Committee;
(b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to, had he continued in the parent Market Committee
(c) be entitled to deputation allowance at such rate as the Director!Managing Director may by general or special order, specify; and
(d) be governed by such other terms and conditions including .disciplinary control as the Director/Managing Director may, by general or special orders, specify.
-26- Procedure and form of Contract Farming Agreement Regulation of Marketing of notified agriculture produce
CHAPTER-VII Contract Farming
38. Contract Farming agreements shall be governed in the manner lay down hereinafter.
(1) Contract farming Sponsor shall register himself with the Market Committee or with a prescribed officer in such a manner as may be prescribed.
(2) The Contract Farming Sponsor shall get the contract farming agreement recorded with the officer prescribed in this behalf. The contract farming agreement shall be in such form containing such particulars and terms and conditions as may be prescribed.
Notwithstanding anything contained in contract farming agreement, no title, rights, ownership or possession shall be transferred or alienated or vest in the contract farming sponsor or his successor or his agent as a consequence arising out of the contract farming agreement.
(3) Disputes arising out of contract farming agreement may be referred to an authority prescribed in this behalf for settlement. The prescribed authority shall resolve the dispute in a surnmary manner within thirty days after giving the parties a reasonable opportunity of being heard, in the manner prescribed.
(4) The party aggrieved by the decision of the prescribed authority under SUb-section
(3) of Section 38 may prefer an appeal to an Appellant Authority within thirty days from the date of decision. The Appellant Authority shall dispose of the appeal within thirty days after giving the parties a reasonable opportunity of being heard and the decision of the Appellant Authority shall be final.
(5) The decision by the authority under sub-section (3) of Section 38 and decision in appeal under sub-section (4) shali have force of the decree of the civil court and shall be enforceable as such and decrial amount shall be recovered as arrears of land revenue.
(6) Disputes relating to and arising out of contract farming agreement shall not be called in question in any court of law than otherwise provided herein above.
(7) The agricultural produce covered under the Contract Farming agreement may be sold to the Contract Farming Sponsor out side the market yard and in such a case, no market fees will be leviable.
CHAPTER VIII REGULATION OF TRADING
39. (1) No person shall, except in accordance with the provisions of this Act and the Rules and Bye-laws made there under.-
(i) use any place in the market area for the marketing of notified agricultural produce;
or
(ii) operate in the market area as a market functionary.
(2) Nothing in the SUb-section (1) shall apply to the following sale or purchase of such agricultural produce.- -27- tett of notified c q r i c u l t u r e i r t o r t l c u t t u r e t/ lnimal Husbandry/ 'oreet produce in r7arket 'erm s and .roceaure of luying and selling
(i) whereof the sale is made by the producer himself to any person for his domestic consumption in quantity up to four quintals;
(ii) Which is brought for sale by head load:
Provided that the State Government by notification may withdraw this exemption specifying the reasons therein in respect of such market area as is specified in the notification;
(iii) Purchase or sale of which is made by a petty trader;
(iv) purchase of which is made by an authorized fair price shop dealer from the Food Corporation of India, the "The State Commodities Trading Corporation" or any other agency or institution authorized by the State Government for distribution of essential commodities through the public distribution system;
(v) The transfer of such agricultural produce to a cooperative society for the purpose of securing an advance there from.
40. (1) all notified agricultural produce shall ordinarily be sold in the market yards/ sub market yards or in the private yards of the license holder. Subject to the provisions of SUb-section (2):
Provided that the notified agricultural produce may be sold at other places also to a license holder especially permitted in this behalf under Section 45 of this Act:
Provided further that it will not be necessary to bring agricultural produce covered under contract farming to the market yard/ sub market yard /private Y2Jd and it may be directly sold to contract farming sponsor from farmers' fields.
(2) Such notified agricultural produce as may be brought by the licensed / registered traders from outside the market area or in the market area in the course of commercial transaction may be brought or sold anywhere in the market area.
(3) The price of the notified agricultural produce, brought for sale into the market yard, shall be settled by tender bid or open auction or any other transparent system and no deduction shall be made from the agreed price on any account whatsoever from the seller:
Provided that the price of notified agricultural produce in the private yards shall be settled in the manner prescribed.
(4) Weighment or measurement or counting of all the notified agricultural produce so purchased shall be done by such a person and such system as is provided in the bye-laws or at any other place specified for the purpose by the Market Committee. .
41. (1) Except in the commercial transaction between two traders, any other person who buys notified agricultural produce in the market area, shall execute an agreement in triplicate in such form, as may be prescribed in favor of the seller. One copy of the aqrsement shall be kept by the buyer, one copy shall be supplied to the seller and the remaining copy shall be kept ill the record of Market Committee.
(2) (a) The price of the notified agricultural produce brought in the market yard/sub market yard / private yard shall be paid on the same day to the seller in market yard /sub market yard/private yard. Payment of notified agricultural produce purchased , out of such yard·· yards, shall also be made to the seller, if he is not a trader, on the same day there itself;
(b) in case purchaser does not make payment under clause (a), f1G shall be liable to make additional payment at the rate of one percent, per day of the total price of the agricultural produce, payable to the seller within five days;
(c) in case the purchaser does not make payment with additional payment to the seller under clause (a) and (b) above, within five days from the day of such purchase, his license / registration shall be deemed to have been cancelled on the sixth day and he shall not be registered or granted any -28- ,,~ Power to levy market fees (single point levy) license or permitted to operate under this Act for a period of one year from tile date of such cancellation.
(3) No wholesale transaction of notified agricu!tural produce shall be entered directly by licensed/ registered traders with producers of such produce except in the market yard/ sub market yard / private yard or in such place in accordance with the provisions in the Bye-Laws.
Provided that agricultural produce produced under contract farming, may be bought directly by contract farming buyer anywhere.
(4) The Commission agent shall recover his commission only from his principal trader at such rates as may be specified in the Bye-laws including all expenses as may be incurred by him in storage of the produce and other services rendered by him.
(5) Every commission agent shall be liable ,-
(a) to keep the goods of his principal in safe custody without any charge other than the commission payable to him, and
(b) to pay the principal, as soon as goods are sold, the price thereof irrespective of whether he has and has not received the price from the buyer of such goods.
42. (1) Every Market Committee shall levy market fee:-
(i) On the sale or purchase of notified agricultural produce, whether brought from within the State or from outside the State, into the market area; and
(ii) on the notified agricultural produce whether brought from within the State or from outside the State, into the market area for processing;
at such rates as may be fixed by the State Government from time to time subject to minimum rate of fifty paisa and a maximum of two rupees for every one hundred rupees of the price in the manner prescribed.
(2) (i) Market fee specified in sub-section (1) shall not be levied for the second time in any market area of the State, provided that market fee has already been paid on that agricultural produce in any market of the State and the information in this context has been furnished, as prescribed, by the concerned person that the payment of market fee has already been made in other market;
(ii) market fee shall not be levied more than once in any market area in case the agricultural produce is being resold in the process of commercial transaction between traders or to consumers, provided that the information, as prescribed has been furnished by the concerned person that the payment of due market fee has already been made on it.
(3) On the agricultural produce brought in the market area for commercial transaction or for processing, if the permit issued under Section 43 has not been submitted, the market fee shall be deposited by the buyer or processor, as the case may be, in the office of the Market Committee. Within fourteen days but beforesale or resale or processinq or export outside the market area:
Provided that in case any notified agricultural produce is found to have been processed, sold or resold or dispatched outside the market area without payment of market fee payable on such produce, the market fees shall be levied and recovered on five times the market value of the processed produce or value of the agricultural produce, as the case may be.
(4) The market fee shall be payable by the buyer of the notified agricultural produce and shall not be deducted from the price payable to the seller. Provided that where the buyer of a notified agricultural produce cannot be identified, all the fees shall be payable by the person who may havs sold or brought the produce for sale in the market area:
-29- ermission for ansportation of nptified Agriculture produce Registration of functionaries
Provided further that in case of commercial transactions between traders in the market area, the market fee shall be collected and paid by the seller.
(5) The market functionaries, as the Market Committee may, by Bye-laws specify.
Shall maintain account relating to sale and purchase or processing or value addition in required forms and submit to the Market Committee periodical returns as may be prescribed.
(6) The Market Committee may levy and collect entrance fee on vehicles, which may enter into market yard, sub market yard at such rate as may be specified in the bye-laws.
43. (1) Any notified agricultural produce shall be removed out of the market area only in the manner and in accordance with the permit issued in such form, as is prescribed by the Managing Director or Director, and not otherwise:
Provided that the bill issued by the seller will have to be kept with at the time of transportation of processed product of agricultural produce:
Provided also that the producer of the agricultural produce himself may take the agricultural produce from one place to another without permit as is prescribed by the Managing Director/ Director.
(2) Any agricultural produce shall be transported in the market area under commercial transactions as is prescribed by the Managing Director/ Director.
44. (1) Every person who, in respect of notified agricultural produce, desires to operate in the market area as of trader, commission agent, Weigh men, hammal, surveyor, warehouseman, contract farming buyer owner or occupier of processing factory or such other market functionary, shall apply to the Market Committee for registration or renewal of registration in such manner and within such period as may be prescribed:
Provided further that any person may buy agricultural producd in the market yard! sub market yard on day to day basis even without getting registration in manner prescribed by the State Government:
Provided further that any person who desires to trade or transact in any notified agricultural produce in more than one market areas, shall have to get his registration, for respective function, with the authority prescribed by the State Government/Director/Managing Director,
(2) Every such application shall be accompanied with such fee as tile State Government/Director/ Managing Director may prescribe,
(3) The Market Committee may register or renew the registration or refuse to register or renew the registration on the basis of one or more of the following reasons.-
(i) the applicant is a minor or not bonafide;
(ii) the applicant has been declared defaulter under the Act or rules made there under and bye-laws;
(iii) the applicant has been found guilty under this Act.
(4) (i) The applications received under sub-section (1) shall be disposed of by the Market Committee as required in sub- section (3) in four weeks but if the Market Committee fails to dispose of applications in four weeks, then -
(a) the applicant shall remind in writing the Market Committee, in respect of his application,
(b) moreover, the applicant shall also inform in writing to the authority prescribed by the Managing Director/ Director in this regard.
(i) On expiry of period of two weeks after submitting the reminder if the application is not disposed of, it shall be deemed that the registration or its renewal, as the case may be, has been granted.
(ii) The prescribed authority on the basis of information received by him and after expiry of time of two weeks, shall only confirm that application for registration/ renewal was submitted to the Market Committee and due action has not been Establishment of Private Yards, Direct purchese of Agricultural produce of Agriculturist(Direct purchasing from producer) Establishment of Consumer/ Farmers Market.
(Direct Sale by producer) Grant/Renewal of Licensee of Private Yard, Consumer/ Farmers market and weighmens Power to Cancel or suspend Licensee / Registration.
taken by the Market Committee for disposal of the same then he shall issue a certificate under clause (ii) of sub - section (4) regarding grant of deemed registration or its deemed renewal within two weeks time.
(5) All the registrations granted and renewed under this section shall be subject to the provisions of this Act, Rules and Bye-Laws made there under.
(6) No commission agent shall Act in any transaction between the agriculturists - seller or trader - purchasers, on behalf of an agriculturist-seller, nor shall he deduct any amount towards commission from the sale proceeds payable to the agricu Iturist -selle r.
45. The Director/Managing Director/ Prescribed authority may grant license to purchase agricultural produce by establishing private yard or from agriculturist, in and direct one or more market area for-
(a) process of the notified agricultural produce;
(b) trade of notified agricultural produce of particular specification;
(c) export of notified agricultural produce:
(d) grading, packing and transaction in other way by value addition of notified agricultural produce.
46. (1) Consumer/Farmer market may be established by developing infrastructure as prescribed, by any person in any market area. At such place, producer of agricultural produce himself may, as prescribed, sell his produce directly to the consumer:
Provided that the consumer may not purchase more than such quantity of a commodity at a time in the consumer market as may be prescribed.
(2) Market service charge shall be collected on sale of agriculture produce by the seller and will be remitted to the proprietor of the consumer market.
(3) Save as other wise provided in this Act no market fee shall be levy on the transactions under taken in the consumer/farmers market.
(4) License for establishment of consumer/farmer market shall be granted by the State Government Director /Managing Director.
47. (1) Any person who, under Section 45 desires to purchase notified agricultural produce direct from the agriculturists or wishes to establish a private yard or under Section 46 desires to establish in one or more than one Consumer/ Farmer market area, shall apply to the Director/Managing market and Director for grant or renewal of license, as the case may be , in the manner and for the period, as may be prescribed by the State Government.
(2) Along with every such application for license, fee prescribed, by Managing Director shall be deposited.
(3) Application received under sub-section (1) of Section 47 for grant or renewal of license may be accepted or rejected for reasons recorded in writing by the authority prescribed by the State Government, as the case may be provided-
(i) if the Market Committee dues are outstanding against the applicant the license shall not be granted/renewed;
(ii) the applicant is a minor or not bonafide;
(iii) the applicant has been declared defaulter under the Act and rules and bye-law made there under;
(iv) the applicant having been declared guilty in any criminal case and convicted by imprisonment;
(v) any other reasons.
(4) All the licenses granted /renewed under this section shall be subject to provisions of this Act, rules or Bye-Laws made there under.
48, (1) Subject to the provisions of sub - section (4) of Section 47, the Director or Managing Director or Prescribed officer or Market Committee who has issued license as tile case may be for the reasons.registration to be communicated -31- Appeal 49. (1)
(a)
(b)
(c)
(2)
(3) to the license holder/ registration holder in writing, suspend or cancel, license registration:-
(a) If the license or registration has been obtained through willful misrepresentation or fraud; or
(b) if the holder of the license or registration or any servant or anyone acting on his behalf with his (license/registration holder's) expressed or implied permission, commits a breach of any of the terms or conditions of license Registration;
(c) if the holder of the license/ registration in combination with other license / registration holder commits any Act or abstains from carrying on his normal business in the market area with the intention of willfully obstructing, suspending or stopping the marketing of notified agricultural produce in the market yard I sub market yard and in consequence whereof the marketing of any notified agricultural produce lies been obstructed, suspended or stopped;
(d) if the holder of the license hegistration has become an insolvent;
(e) if the holder of the license/registration incurs any disqualification, as may be prescribed; or
(f) if the holder of the license/registration is convicted of any offence under this Act then within one year of the conviction if the conviction is for tile first time and within three years for subsequent conviction.
(2) Subject to the provisions of sub- section (4) the Chairman or Chief Executive Officer may, after communicating the reasons in writinq to the license /registration holder, suspend a license /registration for the period not exceeding one month on any reason for which the Market Committee may suspend a license / registration under sub- section (1):
Provided that such order shall cease to have effect on expiry of a period of ten days from the date on which it is made, unless confirmed by the Market Committee before such expiration.
(3) Notwithstanding anything contained in sub- section (1), but subject to the provisions of sub-section (4), the Director/Managing Director may, for the reasons to be communicated in writing to the license / registration holder, by order suspend or cancel his/its licenselregistration granted or renewed by the Market Committee:
Provided that no order under this sub section shall be made without notice to the Market Cornmittee.
(4) No license/registration shall be suspended or cancelled under this section without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation:
Provided that the power to suspend or cancel a license granted by the authority prescribed by the State Government shall vest with the authority himself so prescribed subject to provisions of this section.
Any person aggrieved by an order of the Chief Executive Officer or the Chairman of Market Committee or the Director/Managing Director, passed under Sections 44,47 or 48, as the case may be, prefer an appealto the Market Committee, where such order is passed by the Chairman/Chief Executive Officer, within seven days of receipt of the order;
to the Director/Managing Director, where such order is passed by the Market Committee, within thirty days of receipt of the order; and to the State Government, where such order is passed by the Director /Managing Director, within thirty days of receipt of the order; in such manner as may be prescribed.
the Appellate Authority, if it considers necessary to do so, gt'ant a stay of the order appealed against for such period as it may deem fit.
the order passed by the Chairman, Market Committee and the Director/Managing Director shall, subject to the order in the appeal under this section. Be final and shall not be called in question in any court of law.
-32- ~edressal of ..•ispute between Private Market or Market Committee and Consumer Market Provision of Trade allowances other than those prescribed under this act Power to order production of Account and entry, inspection and seizure
50. (i) Dispute between the Private market or Consumer market and Market Committee, shall be referred to the Director or Managing Director or his representative. Or any other officer authorized by the State Government in this regard. The dispute shall is resolved after giving both par