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Section 40: Rules

Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964State Act of Uttar Pradesh · Act 25 of 1964

[(1)- The State Government may make rules for carrying out the purpose of this Act. ]

(2)- In particular and without prejudice to the generality of the foregoing power, the rules may provide for all or any of the following matters :

(i) [* * * *]

[(ii) for the constitution of the Committee under section 12 or for the modified and newly created Market Areas under clause (b), clause (c) or clause (d) of sub-section (1) of section 8 by nomination by the State Government and for their consequential matters.]

(iii) [ * * * *]

(iv) matters relating to the functions, powers and duties of a Committee, its chairman members, officers and servants ;

(v) the travelling and other allowances that may be paid to the members of a Committee ;

(vi) matters relating to the functions, powers and duties of a Committee, its chairman members, officers and servants ;

(vii) license fee and market fees which may be levied and realized by the Committee, and their mode of recovery ;

(viii) the terms and conditions for issue and renewal of licenses under this Act ;

(ix) the procedure to be followed in regard to the settlement of differences and disputes under this Act ;

(x) the manner in which plans and estimates for the work to be carried out by a Committee shall be prepared and submitted for sanction or approval under this Act ;

(xi) the registers and books to be maintained by a Committee ;

(xii) the form in which the accounts of a Committee shall be kept, the manner in which the same shall be audited, and the time or times at which they shall be published ;

(xiii) the form and particulars to be mentioned in reports and returns to be submitted by a Committee ;

(xiv) the manner of investment and disposal of surplus funds of a Committee ;

(xiv-a) the manner of deposit in withdrawal from and maintenance and utilization of the Uttar Pradesh State Marketing Development Fund ;]

(xv) matters in regard to the inspection of weights and measures, and weighing and measuring instruments in use in the Market Area ;

(xvi) the trade charges which may be received by any person in any transaction of the specified agricultural produce in the Principal Market Yard or Sub-Market Yards ;

(xvii) the grading and standardization of the specified agricultural produce ;

(xviii) exhibition by traders of price lists of specified agriculturally produce ;

(xix) the manner in which the sale or auction of the specified agricultural produce shall be conducted and bids made and accepted in the Market Area ;

(xx) the conditions subject to which a Committee may lease, sell ro otherwise transfer any property ;

(xxi) the authority for and the manner of, making contracts, on behalf of a Committee ;

(xxii) the terms and conditions of employment of the officers and servants of a Committee and matters relating to discipline, control, punishment, dismissal, discharge, and removal of such officers and servants ;

(xxiii) the procedure for the hearing and disposal of appeals under this Act ;

(xxiv) the regulation of advances, if any, given to agriculturists by brokers commission agents or traders ;

(xxv) fees for arbitration and appeals ;

(xxvi) maintenance and submission of account books by traders, commission agents, brokers and weighmen and their inspection ;

(xxvii) the time, place and manner of sampling, sale, purchase, weighmen and recording of transactions and mode of payments ;

(xxviii) provisions of accommodation for storing any of the specified agricultural produce brought into the market Area ;

(xxix) procedure for preparation and submission for approval of annual budget ;

(xxx) matters relating to the inspection of the working of Committee ;

(xxxi) prohibition of brokers from acting in any transaction on behalf of both the buyers and the sellers of any of the specified agricultural produce ; [X X X ]

(xxxi-a) [* * * * ]

(xxxi-b) constitution of Centralized service under section 23-A ; and

(xxxi-c) the procedure in respect of surcharge under section 26-W ; and ]

(xxxii) any other matter which is to be or may be prescribed.

(3)- All rules made under this Act,, shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session, for a total period of fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or amendments as the two Houses of Legislature may agree to make, so, however, that any such modification or amendment shall be without prejudice to the validity of anything previously done thereunder.

Where this provision sits

ActUttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964
Section40
Marginal noteRules
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, U. P. Act No. 20 of 1984. . Subs. by sec. 4 of U. P. Act No. 20 of 1984.
  • omitted, U. P. Act No. 13 of 2004. .Omit. by sec. 9(a) of U. P. Act No. 13 of 2004.
  • substituted, U.P. Act No. 13 of 2004. . Subs. by sec. 9(b) of U.P. Act No. 13 of 2004.
  • omitted, U. P. Act No. 13 of 2004. . Omit. by sec. 9(c) of U. P. Act No. 13 of 2004.
  • inserted, U. P. Act No. 10 of 1991. . Ins. by sec. 11 of U. P. Act No. 10 of 1991.
  • other, President Act No. 13 of 1973. . Del. by section 27 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.
  • omitted, U. P. Act No. 13 of 2004. . Omit. by sec. 9(e) of U. P. Act No. 13 of 2004.
  • inserted, President Act No. 13 of 1973. . Ins. by section 27 of President Act No. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974.

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