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THE PUNJAB AGRICULTUAL
PRODUCE MARKETS ACT, 1961
(Punjab Act No.23 of 1961)
(Received the assent of the President of India on the 18th
May, 1961, and first published for general information in the PUNJAB GOVERNMENT GAZETTE
(EXTRA ORDINARY), Legislative Supplement, of the 26th
May, 1961).
An Act to consolidate and amend the law relating to the better
regulation of the purchase, sale, storage and processing of agricultural
produce and the establishment of markets for agricultural produce in the
State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the
Twelfth year of the Republic of India as follows:-
1. Short title, extent and Commencement
(1)
This
Act may be called the Punjab Agricultural Produce Markets Act, 1961.
(2)
It extends to the States of Punjab and Haryana, the territories
transferred to the Union Territory of Himachal Pradesh under section 5 of
the Punjab Reorganisation Act, 1966 (31 of 1966) and the Union Territory
of Chandigarh.]
(3)
It shall come into force at once.
2.
Definitions
In this Act, unless the context
otherwise requires :-
(a)
“agricultural produce” means all produce, whether processed
or not, of agriculture, horticulture, animal husbandry or forest as
specified in the Schedule to this Act;
[(b)
“Board”
means the Punjab State Agricultural Marketing Board or the Haryana State
Agricultural Marketing Board established under the Act for the State of
Punjab or the State of Haryana and includes the Administrator of the Union
Territory of Himachal Pradesh functioning as the Board for the transferred
territory and the Administrator of the Union Territory of Chandigarh
functioning as the Board for the Union Territory of Chandigarh].
(c)
“broker”
means a person, other than a private servant or an auctioneer, usually
employed on commission to enter into contracts on behalf of others for the
purchase or sale of agricultural produce ;
(d)
“committee”
means a Market committee established and constituted under sections 11 and
12 ;
(e)
“Co-operative
Society” means a
Co-operative Society registered or deemed to be registered under the
Punjab Co-operative Societies Act, 1954,
[or any other corresponding law for the time being in force] which deals
in the purchase, sale, processing or storage of agricultural produce, or
is otherwise engaged in the business of disposal of agricultural produce;
(f)
“dealer”
means any person who within the notified market area set up, establishes
or continues or allows to be continued any place for the purchase, sale,
storage or processing of agricultural produce notified under sub-section
(1) of section 6 or purchases, sells, stores or processes such
agricultural produce;
(h)
“Godown Keeper”
means a person, other than a producer, who stores agricultural produce for
himself for sale or stores agricultural produce of others in lieu of
storage charges;
[(hh)
“licensee”
means a person to whom a licence is granted under section 10 and the rules
made under this Act and includes any person who buys or sells agricultural
produce and to whom a licence is granted as Kacha Arhtia or commission
agent or otherwise but does not include a person licensed under section
13];
(i)
“market”
means a market established and regulated under this Act for the notified
market area, and includes a market proper, a [principal
market yard, sub-market yard and private market yard];
(j)
[“Marketing officer” …………………. omitted]
(k)
“market proper”
means any area including all lands with the buildings thereon, within such
distance of the principal market or sub-market yard, as may be notified in
the official gazette by the State Government, to be a market proper;
[(kk) “member”
includes the Chairman of the Board;]
(l)
“notified market area”
means any area notified under section 6;
(m)
“prescribed”
means prescribed by rules made under this Act;
__________________________
(n)
“principal market yard”
and “sub-market yard” mean an enclosure, building or locality
declared to be a principal market yard and sub-market yard under section
7;
(o)
“producer”
means a person who in his normal course of avocation grows, manufactures,
rears or produces, as the case may be, agricultural produce personally,
through tenants or otherwise, but does not include a person who works as a
dealer or a broker or who is a partner of a firm of dealers or brokers or
is otherwise engaged in the business of disposal of agricultural produce
other than that grown, manufactured, reared, or produced by himself,
through his tenants or otherwise. If a question arises as to whether any
person is a producer or not for the purposes of this Act, the decision of
the Deputy Commissioner of the District in which the person carries on his
business or profession shall be final:
Provided
that no person shall be disqualified from being a producer merely on the
ground that he is a member of a Co-operative Society;
Explanation
:- The term ‘producer’ shall also include tenant.
(p)
[“region”
……….. omitted]
(q)
“retail
sale” means sale
of agricultural produce not exceeding such quantity as may be prescribed;
(r)
“secretary”
means the Executive Officer of a committee and includes an Assistant
Secretary or a person officiating or acting as Secretary;
(s)
“trade allowance”
includes an allowance having the sanction of custom in the notified market
area concerned and market charges payable to various functionaries.
[(t)
“transferred territory”
means the territory transferred to the Union Territory of Himachal Pradesh
under Section 5 of the Punjab Reorganization Act, 1966 (31 of 1966)].
2-A.
Construction of certain references in
Act
In
the application of the provisions of this Act-
(1)
to the State of Haryana, any reference therein to any expression
mentioned in column :-
(1)
of the Table below shall be construed as a reference to the corresponding
expression mentioned in column (2) of the said Table.
TABLE
________________________________________________________________
(1)
(2)
________________________________________________________________
State Government.
The Government of the State
of Haryana.
Punjab State or State
State of Haryana.
of Punjab except in section
1 of the Act.
State Agricultural Marketing
Haryana State Agricultural
Board.
Marketing Board.
________________________________________________________________
(2)
to the territory transferred to Himachal Pradesh any reference
therein to any
expression mentioned in
column (1) of the Table below shall be construed as a reference to the
corresponding expression mentioned in column (2) of the said Table.
TABLE
________________________________________________________________
(1)
(2)
________________________________________________________________
State
Government.
Administrator of the Union
Territory of Himachal Pradesh.
Punjab
State or State
Transferred territory.
of
Punjab except in
section
1 of the Act.
State Agricultural Marketing
Administrator of the Union
Board.
Territory of Himachal Pradesh.
_______________________________________________________________
1
Inserted vide G.O.I.S.O. No.3021, dated 18th July, 1969.
(3) to the Union Territory of Chandigarh, any reference,
therein to any expression mentioned in column (1) of the Table below shall
be construed as a reference to the corresponding expression mentioned in
column (2) of the said Table.
TABLE
________________________________________________________________
1)
(2)
State
Government.
Administrator of the Union
Territory of Chandigarh.
Punjab
State or State of
Union Territory of Chandigarh.
Punjab
except in section
1
of the Act.
State Agricultural Marketing
Administrator of the Union
Board.
Territory
of Chandigarh.
________________________________________________________________
3. State Agricultural Marketing
Board, constitution, powers and duties
(1)
The State Government may, for exercising powers conferred on
and performing the functions and duties assigned to the Board by or under
this Act, establish and constitute a State Agricultural Marketing Board,
consisting of a Chairman to be nominated by the State Government and
[Sixteen
other members of whom eight] shall be officials and eight non-officials,
to be nominated by the State Government in the following manner:-
(a) official members shall include [a
Joint Secretary to the State Government in the Department of Finance, The
Director of Horticulture, Punjab],
[the Secretary of the Board and five other officials, one representing the
Agriculture Department, the second representing the Co-operation
Department, the third representing the Animal Husbandry Department, the
fourth representing the Colonization Department and the fifth representing
the Food and Supplies Department];
(b)
of the non-official members :-
(i)
one shall be a
producer member of a committee;
(ii) one shall be from among such persons licensed under
section 10 as are members of a committee;
__________________
1.
Substituted vide Punjab Act No. 10 of 1982.
2.
Substituted vide Punjab Act No. 10 of 1982.
3.
Substituted vide Punjab Act No.13 of 1979.
(iii) one shall be from among such persons licensed under
section 13 as are members of a committee;
(iv)
one shall be a member of a
registered organization of farmers;
(v)
three shall be
progressive producers of the Punjab, one from each division; and
(vi)
one representing the
Co-operative Societies;
Provided
that when the non-official members referred to in sub-clauses (i), (ii)
and (iii) of clause (b) cannot be nominated owing to all the Market
Committees being under supersession the Board shall consist of all the
members, including the Chairman, referred to in this sub-section excepting
the members referred to in the aforesaid sub–clauses and the same shall
be deemed to be validly constituted Board till such members are nominated
by the State Government after the Market committees are constituted.
[(2)
There shall be a
Secretary of the Board who shall be appointed by the State Government from
amongst those members of the Indian Administrative Service, the Punjab
Civil Service (Executive Branch) or the Punjab Agricultural Service (Class
1) who have put in not less than five years service as such member].
(3)
The Board shall be a body corporate as well as a local
authority by the name of the State Agricultural Marketing Board having
perpetual succession and a common seal, with power, subject to the
provisions of this Act, to
[acquire, hold and sell] property and shall be the said name sue and be
sued.
(4)
The term of office of the
non-official members of the Board shall be three years.
(5)
No person shall be eligible to
become a member of the Board who :-
(a)
does not ordinarily reside
within the Punjab State ;
(b)
is below twenty-five years of
age;
(c)
has been removed under
sub-section (7) or section 15;
(d)
is of unsound mind; or
________________________
(e)
has been declared as insolvent or sentenced by a criminal
court, whether within or outside the Punjab State, for an offence
involving moral turpitude :
Provided
that the disqualification under clause (e) on the ground of a sentence by
a criminal court shall not apply after the expiry of four years from the
date on which the sentence of such person has expired.
(6)
A member of the Board may resign from membership by tendering
his resignation to the State Government through the Chairman of the Board
and the seat of such members shall become vacant on the date of acceptance
of his resignation.
[Provided
that the Chairman of the Board may resign by tendering his resignation to
the State Government].
[(7)
The State Government
may, by notification remove any member of the Board other than a official
member :-
(a)
if he has become subject to any of the disqualifications
specified in sub-section (5); or
(b)
if he is, in its opinion,
remiss in the discharge of his duties; or
(c)
if he has without the permission of the Chairman of the
Board and in the opinion of the State Government without sufficient cause
absented himself for not less than three consecutive meetings of the
Board, and may appoint another member in his place in the manner provided
in clause (b) of sub-section (1) from the category to which the removed
member belongs.
Provided
that before removing a member the reasons for the proposed action shall be
conveyed to him and his reply invited within a specified period and
duly considered :
Provided
further that the term of office of the member so appointed shall expire on
the same date as the term of office of the vacating member would have
expired had the latter held office for the full period allowed under
sub-section (4) unless there be delay in appointing a new member who
succeeds the member first mentioned above in which case it shall expire on
the date on which his successor is appointed by the State Government].
_____________
(8)
The State Government shall exercise superintendence and control
over the Board and its officers and may call for such information as it
may deem necessary and, in the event of its being satisfied that the Board
is not functioning properly or is abusing its powers or is guilty of
corruption or mismanagement, it may suspend the Board and, till such time
as a new Board is constituted, make such arrangements for the exercise of
the functions of the Board [and
of its Chairman] as it may think fit :
Provided
that the Board shall be constituted within
[five years & six months] from the
date of its suspension.
(9)
The Board shall exercise
superintendence and control over the committees.
(10)
The State Government or the Chairman or the Secretary of the Board
or any other officer of the Board authorised in this behalf by the Board
may call for any information or return relating to agricultural produce
from a committee or a dealer or a godown keeper or other functionaries and
shall have the power to inspect the records and accounts of a committee
and accounts of any dealer, godown-keeper or other functionaries for that
purpose.
(11) The [Chairman
or subject to his control the Secretary of the Board] may transfer the
Secretary or any employee dealing with the accounts of one committee to
another committee and they shall exercise such other powers and
discharge such other duties as may be prescribed :
Provided
that any increase or decrease in amoluments of a transferred employee
shall be referred to the State Government whose decision on such reference
shall be final.
(12)
Subject to the provisions of this Act and the rules and bye-laws
made there-under, the Board may employ such persons for the performance of
the functions of the Board under this Act, and may give them such
remuneration, as it may think fit, and may suspend, remove, dismiss or
otherwise punish any person so employed.
(13)
Subject to rules made under this Act, an estimate of the annual
income and expenditure of the Board for the ensuing year shall be prepared
and passed by the Board and submitted every year for the sanction of the
______________________
State
Government not later than the prescribed date. The State Government shall
sanction and return the budget within two months from the date of the
receipt thereof. If it is not received within two months it shall be
presumed to have been sanctioned.
(14)
Subject to rules made under this Act, the Board may, with the
approval of the State Government, frame bye-laws for –
(a)
regulating the transaction of business at its meetings ;
(b)
the assignment of duties and powers of the Board to its
Chairman, Secretary or persons employed by it; and
(c)
such other matters as
may be prescribed.
(15)
[Six]
members shall constitute a quorum at a meeting of the Board :
Provided
that if a meeting is adjourned for want of quorum, no quorum shall be
necessary at the next meeting called for transacting the same business.
(16)
All
questions before a meeting of the Board shall be determined by a majority
of votes of the members present and voting and, in case of equality of
votes, the Chairman may exercise a casting vote.
Note:-
The powers of the ‘Board’ under sub-section (12) of Section 3
have been delegated to Secretary Board vide Govt. Memo. No. 11 (6) –
M-87/221-spl. Dated 11.8.87.
(17)
(i) The State Government may delegate to the Board or its [Chairman
or Secretary] any of the powers conferred on it by or under this
Act; and
(ii)
The Board may [with
the prior approval of the State Government], delegate any of its powers to
its Chairman, Secretary or any of its officers.
(18) The headquarter of the Board shall be located at a place to be
determined by the State Government.
(19) No act or proceeding of the Board shall be invalid by reason
only of the existence of any vacancy among its members or any defect in
the constitution thereof.
_______________________
3-A. The
power of the Board in respect of the transferred territory and the Union
Territory of Chandigarh
Notwithstanding
anything contained in this Act, the Administrator of the Union Territory
of Himachal Pradesh in relation to the transferred territory and the
Administrator of the Union Territory of Chandigarh in relation to that
territory, shall, untill other provision is made by law, be deemed to be
the Board constituted under this Act, respectively for the transferred
territory and the Union Territory of Chandigarh and accordingly shall
perform the functions, discharge the duties and exercise the powers of the
Board in relation to these areas.
4.
[Advisory
committee........omitted]
5.
Notification of intention of exercising control
over purchase, sale, storage and processing of agricultural produce in
specified area
The
state Government may, by notification, declare its intention of exercising
control over the purchase, sale, storage and processing of such
agricultural produce, and in such area as may be specified in the
notification. Such notification shall state that any objections or
suggestions, which may be received by the State Government within a period
of not less than thirty days to be specified in the notification, will be
considered.
6. Declaration
of notified market area
(1)
After the expiry of the period specified in the notification under
section 5 and after considering such objections and suggestions as may, be
received before the expiry of such period, the State Government may by
notification and in any other manner that may be prescribed, declare the
area notified under section 5 or any portion thereof to be a notified
market area for the purposes of this Act in respect of the agricultural
produce notified under section 5 or any part thereof.
(2) The State Government if satisfied that in any notified
market area a committee is not functioning [or
two such areas or parts thereof are to be amalgamated or a part of any
such area is to be amalgamated with another such area or is to be
constituted into a separate notified market area], may by notification
denotify any market area notified under sub-section (1) or any part
thereof and, when the whole of such area is
________________
denotified,
cancel a committee and transfer all with the assets of that committee
which remain after satisfaction of all its liabilities to the Board. Such
assets shall be utilised by the Board for such objects in the area as it
may consider to be for the benefit of the producers of that area.
(3) After the date of issue of such notification or from such
later date as may be specified therein, no person, unless exempted by
rules made under this Act, shall, either for himself or on behalf of
another person or of the State Government within the notified market area,
set up, establish or continue or allow to be continued any place for the
purchase, sale, storage and processing of the agricultural produce so
notified, or purchase, sell, store or process such agricultural produce
except under a licence granted in accordance with the provisions of this
act, the rules and bye-laws made there under and the conditions specified
in the licence.
Provided
that a licence shall not be required by a producer who sells himself or
through a bona-fide agent, not being a commission agent, his own
agricultural produce or the agricultural produce of his tenants on their
behalf or by a person who purchases any agricultural produce for his
private use.
(4) For the removal of doubts, it is hereby declared that a
notification published in the official gazette under this section or
section 5 shall have full force and effect notwithstanding any omission to
publish, or any irregularity or defect in the publication of a
notification under this section or under section 5 as the case may be.
7. Declaration of market yards
[(1)
For each notified market area, there shall be one principal market yard,
one or more sub-market yards and one or more private market yards
as may be necessary.
(2)
The State Government may, by notification, declare any
enclosure, building or locality in any notified market area to be
principal market yard for the area and other enclosures, buildings or
localities to be one or more sub-market yards or one or more private
market yards for the area.
(3)
Every person or company or cooperative society, as the case may be,
desiring to obtain a licence for private market yard, shall apply to such
authority, in such manner and with such fee, as may be prescribed.]
____________________
8. No
private market to be opened in or near places declared to be markets
[Save
as otherwise provided in section 7, on and after] the date on which the
State Government have by a notification under section 7 declared any place
to be a principal or sub-market yard, no person or Municipal committee,
District Board, Panchayat or any Local Authority, notwithstanding anything
contained in any enactment relating to such Municipal committee, District
Board, Panchayat or Local Authority shall be competent to set up,
establish or continue or allow to be continued any place within the limits
of such market or within a distance thereof to be notified in the official
gazette in this behalf in each case by the State Government for the
purchase, sale, storage and processing of any agricultural produce;
Provided
that a producer shall not be deemed to set up, establish or continue or
allow to be continued a place as a market for the purpose of the purchase,
sale, storage or processing of agricultural produce if he sells his own
agricultural produce outside the premises set apart by the committee for
the purpose of purchase, sale, storage and processing of agricultural
produce.
9. Authority
to whom applications for grant of licences are to be made
The
[Secretary
of the Board] or any other officer authorised by him in writing in this
behalf shall be the authority for granting licences required under section
6.
10. Applications
for licences, fees to be paid and cancellation or suspension of licences
(1) Any person may apply to the authority specified in Sec. 9
for a licence which may be granted for such period, in such form, on such
conditions and on payment of such fees not exceeding [three
hundred rupees] as may be prescribed :
Provided
that if any person carrying on any business of the nature specified in
sub-section (3) of section 6 in a notified market area on the date of
issue of notification under sub-section (1) of that section, fails to
apply for a licence on or before the date specified therein for obtaining
licence, the prescribed authority may, before a licence is issued, impose
on him such penalty not exceeding [two
hundred rupees] as may be prescribed.
_______________
(2) The [Secretary
of the Board] may, on being satisfied that there has been a breach of any
of the conditions specified in a licence, by an order in writing, cancel
or suspend such licence and may also direct that such licence shall not be
renewed for such period not exceeding five months for the first breach and
not exceeding nine months for the second breach and not exceeding one year
for every subsequent breach, as may be specified in that order :
Provided
that the Chairman of a committee of the area concerned may under
intimation to the Secretary of the Board suspend a licence for a period
not exceeding fifteen days :
Provided
further that no such order shall be made without giving the licensee an
opportunity to show cause why such an order should not be made.
(3) The [Secretary
of the Board] after such enquiry as he may consider necessary, refuse a
licence to a person who in his opinion : -
(a)
is a benamidar for or a partner with any person to whom a
licence has been refused, or whose licence is cancelled or suspended under
sub-section (2) for the period of such cancellation or suspension ; or
(b) is convicted of an offence affecting the said person’s
integrity as a man of business within two years of such conviction ; or
(c) is undischarged insolvent:
Provided
that no such order shall be made without giving such person an opportunity
to show cause why such an order should not be made.
(4) Any person aggrieved by an order made under this section
may at any time within one month of the making thereof, appeal to the
State Government if such order is passed by the
[Secretary of the Board] and to the Secretary of the Board if such order
is passed by the Chairman of the committee.
10-A. Certain
persons to be licensees
Any
person to whom a licence is granted under section 10 shall be deemed to be
licensee under that section for the purposes of this Act and the rules
made there under including that of levy of fees under section 23 on the
agricultural produce bought or sold by him in the notified market area,
irrespective of the fact whether the business of buying or selling of
agricultural produce is specified in his licence or not.
_________________
11. Establishment of Market Committee
The
State Government shall by notification establish a market committee for
every notified market area and shall specify its headquarters.
12. Constitution of Committees
(1)
A committee shall consist of nine or sixteen members as the State
Government may in each case determine, out of whom one shall be appointed
by the State Government from amongst its officials :
Provided
that where in a notified market area, there is in existence a Co-operative
Society, the committee shall consist of ten or seventeen members, as the
case may be:
(2)
The remaining members shall be nominated by the State
Government by notification in the Official Gazette as follows :-
(a)
if the committee is to consist
of nine members, there shall be nominated-
(i)
five members from amongst such producers, who are
members of Gram Panchayats or Panchayat Samitis situated in the notified
market area:
Provided
that out of the five members, one shall be an expert in the field of
production or marketing or processing of agricultural produce;
Provided
further that in case no such expert is available, then the nomination
shall be made in the manner herein before mentioned.
(ii)
two members from amongst
the persons licensed under section 10 ; and
(iii)
one member from amongst the
persons licensed under section 13 :
Provided
that the members nominated under this clause shall include one member
belonging to Scheduled Castes or Backward Classes and one woman
member, who are members of Gram Panchayats or Panchayat Samitis of the
concerned notified market area and who are otherwise qualified to be
nominated as members of the Committee ;
(b)
if the committee is to consist of ten members, there shall be
nominated, in addition to the members specified in sub-clauses (i), (ii)
and (iii), of clause (a), one member representing the Co-operative
Societies ;
________________
(c)
if the committee is to consist of sixteen members, there shall be
nominated-
(i) nine members from amongst such producers, who
are members of Gram Panchayats or Panchayat Samitis situated in the
notified market area :
Provided
that out of the nine members, one shall be an expert in the field of
production or marketing or processing of agricultural produce:
Provided
further that in case no such expert is available, then the nomination
shall be made in the manner herein before mentioned ;
(ii)
four members from amongst the persons licensed under section 10 ;
and
(iii)
two members from amongst the
persons licensed under section 13 :
Provided
that the members nominated under this clause shall include two members
belonging to Scheduled Castes or Backward Classes and one woman member,
who are members of Gram Panchayats or Panchayat Samitis of the concerned
notified market area and who are otherwise qualified to be nominated
as members of the committee;
(d) if the committee is to consist of seventeen members,
there shall be nominated, in addition to the members specified in
sub-clauses (i), (ii) and (iii) of clause (c), one member representing the
Co-operative Societies :
Provided
that where in the case of sub-clause (iii) of clause (a) or sub-clause
(iii) of clause (c), there are no persons licensed under section 13, or
the member of such persons is less than those required to be nominated,
the deficiency shall be made up by nominating members from amongst the
persons licensed under section 10.
(3) No act, done or proceeding taken, under this Act, by the
Committee, shall be invalid merely on the ground of-
(a)
any vacancy or defect in the constitution of the Committee ; or
(b)
any defect or irregularity in the nomination of a person acting
as member thereof; or
(c)
any defect or irregularity in such act or proceeding not
affecting the merits of the case.
(4) Subject
to the rules made under this Act, the disqualifications specified in
sub-section (5) of section 3, shall also apply for purposes of becoming a
member of the committee.
(5) The State Government shall constitute Committees in
accordance with the provisions of this section:
Provided
that the State Government may, until such Committees are constituted and
their Chairman and Vice-Chairman are appointed in accordance with the
provisions of this Act, allow the persons already appointed under section
36 of this Act to hold office and exercise the powers and perform the
functions of such committees.
12-A. Supersession of nominated Committees]
On and from the commencement of the Punjab Agricultural Produce Markets
(Amendment) Ordinance, 2002-
(a)
all the Committees, constituted by way of nomination, under section
12 as it existed immediately before such commencement, shall stand
superseded;
(b)
all the members including the Chairman and the Vice-Chairman of
every Committee, shall cease to hold office;
(c) during the period of supersession of the
Committees, all powers and duties conferred and imposed upon the
Committee, its Chairman and other members by or under this Act, shall be
exercised and performed by such office, as the Government may appoint in
that behalf; and
(d) all property vested in each Committee shall, until these
are re-constituted, vest in the Government:
Provided
that the Committees shall be re-constituted in accordance with the
provisions of section 12 within a period of [three
years] from the date of supersession.
12-B Constitution of
Committee by nomination for fixed period .......Omitted.
12-C
Supersession of nominated Committees ............ Omitted.
12-D
Constitution of nominated Committees by nomination for fixed period
…….Omitted.
_________________
13. Duties
and powers of Committee
(1)
It shall be the duty of a Committee-
(a)
to enforce the provisions of this act and the rules and the bye-laws made
thereunder in the notified market area and, when so required by the [***]
Board, to establish a market therein providing such facilities for persons
visiting it in connection with the purchase, sale, storage, weighment and
processing of agricultural produce concerned as the [***]
Board may from time to time direct ;
(b) to control and regulate the admission to the market, to
determine the conditions for the use of the market and to prosecute or
confiscate the agricultural produce belonging to person trading without a
valid licence ;
(c)
to bring, prosecute or defend or aid in bringing,
prosecuting or defending any suit, action, proceeding, application or
arbitration, on behalf of the committee or otherwise when directed by
Board [***]
.
2) Every person licensed under section 10 or
section 13 and every person exempted under section 6 from taking out
license, shall on demand by the committee or any person authorised by it
in this behalf furnish such information and returns, as may be necessary
for proper enforcement of Act or the rules and bye-laws made there under.
(3) Subject
to such rules as the State Government may make in this behalf, it shall be
the duty of a committee to issue licences to brokers, weighmen, measurer,
surveyors, godown keepers and other functionaries for carrying on their
occupation in the notified market area in respect of agricultural produce
and to renew, suspend or cancel such licences.
(4) No broker, weighman, measurer, surveyor, godown-keeper or
other functionary shall, unless duly authorised by licence, carry on his
occupation in a notified market area in respect of agricultural produce:
Provided
that nothing in sub-section (3) and (4) shall apply to a person carrying
on the business of warehouseman who is licensed under the Punjab
Warehouses Act, 1957 (Punjab Act No. 2 of 1958).
__________________
14. Term
of office of members
[Subject
to the provisions of Section 17, a nominated member of a Committee shall
hold office for a period of three years from the date of his nomination.]
15. Removal of members
The
State Government may by notification remove any member if, in its opinion,
he has been guilty of misconduct or neglect of duty or has lost the
qualification on the strength of which he was appointed :
Provided
that before the State Government notify the removal of a member under this
section, the reasons for his proposed removal shall be communicated to the
member concerned and he shall be given an opportunity of tendering an
explanation in writing.
16.
Appointment of Chairman and Vice Chairman
[(1)
The State Government shall appoint a Chairman and a Vice-Chairman
from amongst the members of the Committee :
Provided
that no official member of a Committee shall be entitled to be appointed
its Chairman or Vice-Chairman.
(2)
The Committee may by a majority of two-thirds of total members, at
a meeting specially convened for the purpose pass a resolution for the
removal of any of the office bearers and any resolution so passed shall be
subject to confirmation by the Board.
17. Filling of Vacancies
(1)
Whenever any member dies, resigns ceases to reside permanently in
the notified market area or becomes incapable of acting as a member of a
committee or any vacancy occurs through transfer or removal in accordance
with the provisions of section 15 or otherwise, the State Government may
appoint a member to fill in such vacancy in accordance with the provisions
of section 12 :
Provided
that the term of office of the member so appointed shall expire on the
same date as the term of office of the vacating member would have expired
had the latter held office for the full period allowed under section 14
unless there be delay in appointing a new member to succeed the member
first mentioned above in which case it shall expire on the date on which
his successor is appointed by the State Government.
____________________
(2)
Should the State Government decide to raise the number of
members of an existing committee from 9 to 16, the additional vacancies
shall be filled in accordance with the provisions of sub-section (1) and
the term of office of the additional members appointed shall be the
unexpired portion of the term of the existing members of the committee.
17-A. Election Petition
(1)
Any person who is a voter for the election of a member may, on
furnishing the prescribed security and on such other conditions, as may be
prescribed, within twenty days of the date of announcement of the result
of an election, present to the prescribed authority, an election petition
in writing, against the election of any person as a member, Vice-Chairman
or Chairman of the Committee.
(2)
The prescribed authority may,
(a)
if it finds, after such inquiry as it may deem necessary, that
a failure of justice has occured or any corrupt practice has been
committed by a returned candidate or his agent or by any other person with
the consent of a returned candidate or his agent, set aside the election,
and a fresh election, shall thereupon be held ;
(b)
if it finds that the petition is false, frivolous or vaxatious
dismiss the petition and order the security to be forfeited to the
Committee.
(3) Except as provided in the section, the election of a
member, Vice-Chairman or Chairman shall not be called in question before
any authority or in any court
18. Incorporation of Committees
Every
Committee shall be a body corporate as well as a local authority by such
name as the State Government may specify in the notification establishing
it, shall have perpetual succession and a common seal, may sue and be sued
in its corporate name, and shall subject to the provisions of
section 32 be competent to acquire and hold property, both moveable and
immovable to lease, sell or otherwise transfer any moveable and immovable
property which may have become vested in or been acquired by it, and to
contract and to do all other things necessary for the purposes for which
it is established :
______________________
Provided
that no Committee shall permanently transfer any immovable property except
in pursuance of a resolution passed at a meeting specially convened for
the purpose by a majority of not less than three-fourth of the members of
the committee and with prior approval of the Chairman of the Board.
19. Appointment
of sub-committees and joint committees and delegation of powers.
A
Committee may appoint, one or more of its members or other to be a
sub-committee or to be a joint committee or to be an adhoc committee for
the administration of the sub-market yard, for the conduct of any work or
for reporting on any matter and may delegate to such committee or any one
or more of its members such of its powers or duties as it thinks fit :
Provided
that when any such committee is to consist of, or the power of the
committee are delegated to, one member the resolution shall operate only
after it is duly approved by the
[***] board.
20. Appointment
and salaries of officers and servants of Committees
(1)
Every Committee shall have a person as its Secretary, appointed by
the Board as its servant, and lent to the committee subject to such terms
and conditions and as the Board may prescribe.
(2) A Committee may, with the previous approval of the [Secretary
of the Board], employ such other officers and servants as may be necessary
for the management of the market and may pay such officers and servants
salaries as fixed by the Board for different caders and shall have power
to control and punish them :
Provided
that where the basic pay of an employee is less than
[five hundred rupees] the previous approval of the Secretary of the Board
for the appointment will not be necessary :
Provided
further that if after examining the records obtained from the Committee or
otherwise the
[Board] is satisfied that any officer or servant of the committee is a
negligent in the discharge of his duties the Committee shall on the
requirement of the
[board] suspend or otherwise punish him, and if the
[board] is satisfied that he is unfit for employment the Committee shall
dismiss him or terminate his services.
______________
(3)(i)
A Committee shall in the case of any other officer or servant of
the Board whom it employs, pay such pension and other contribution,
gratuity and allowances as may be required by the conditions of his
service under the Board.
(ii) A
Committee may also, in the case of any of its officers and servants
provide for the payment to them of such leave or other allowances,
pensions or gratuities as it deems proper, and may contribute to any
provident fund which may be established for the benefit of such officers
and servants.
(iii)
A Committee shall, in case of any Government servant whom it
employs, pay to the State Government such contributions towards the
pension and leave allowances of such servant as may be payable under any
regulation in force for the time being.
(4) The services of the Secretary or any employee dealing
with the accounts of a committee shall be transferable within the same [State]
(5) The Secretaries in the service of Market Committees
constituted under the Punjab Agricultural Produce Markets Act, 1939 and
the Patiala Agricultural Produce Markets Act, 2004 B.K., shall be deemed
to be the servants of the Board and their emoluments and other conditions
of service shall be such as may be determined by the Board.
(6) The powers conferred by this section on a Committee shall
be exercised subject to such rules as may be made in this behalf by the
State Government.
21. Persons
who are to be deemed Public servants within the meaning of section 21 of
the Indian Penal Code
Every
member and officer or servant of the Board or a Committee shall be deemed
to be a public Servant within the meaning of section 21 of the Indian
Penal Code.
22. Execution of Contracts
(1) Every
contract entered into by a committee shall be in writing and shall be
signed on behalf of the Committee by the Chairman or if for any reason he
is unable to act, by the Vice-Chairman, and
[one other member and the Secretary] of the Committee and shall be sealed
with the common seal of the Committee.
_____________________
(2) No contract other than a contract executed as provided in
sub-section (1) shall be binding on a committee.
23. Levy of fees
[A
committee shall subject to such rules as may be made by the State
Government in this behalf, levy on ad-valorem basis –
(i)
fees on the agricultural produce bought or sold by
a licensee in the notified market area at a rate not exceeding two rupees
for every one hundred rupees; and
(ii)
also additional fees on the agricultural produce when sold by a
producer to a licensee in the notified market area at a rate not
exceeding one rupee for every one hundred rupees].
Provided
that –
(a)
no fee shall be leviable in respect of any transaction in which delivery
of the agricultural produce bought or sold is not actually made ; and
b)
a fee shall be leviable only on the parties
to a transaction in which delivery is actually made.
23-A. Saving
of excess fee charged
(1) Notwithstanding
anything contained in any judgement, decree or order of any court, it
shall be lawful for a Committee to retain the fee levied and collected by
it from a licensee in excess of that leviable under section 23, if the
burden of such fee was passed on by the licensee to the next purchaser of
the agricultural produce in respect whereof such fee was levied and
collected.
(2)
No suit or other proceedings shall be instituted, maintained or
continued in any court for the refund of whole or any part of the fee
retained by Committee under sub-section (1) and no court shall enforce any
decree or order directing the refund of whole or any part of such fee.
(3)
If any dispute arises as to the refund of any fee retained by a
Committee by virtue of sub-section (1) and the question is whether the
burden of such fee was passed on by the licensee to the next purchaser of
the concerned agricultural produce, it shall be presumed unless proved
otherwise that such burden was so passed on by the licensee.
_______________
(4)
If any amount of fee retainable by a Committee under sub-section
(1) has been refunded to any licensee, the same shall be recoverable by
the Committee in the manner indicated in sub-section (2) of section 41.
(5)
The provisions of this section shall not affect the operation of
section 6 of the Punjab Agricultural Produce Markets (Amendment and
Validation) Act, 1976].
24. Octroi not payable on certain agricultural produce
Notwithstanding
anything to the contrary contained in the Punjab Municipal Act, 1911
[and
any other corresponding law for the time being in force], the State
Government may by notification direct that in respect of such agricultural
produce, notified under section 6, brought or received within a notified
market area, as may be specified in the notification no octroi shall be
payable by any person to Municipal committee from such date as may be
specified therein.
25. Marketing Development Fund
(1)
All receipts of the Board shall be credited into a fund to be
called the Marketing Development Fund.
(2) [All
expenditure incurred by the Board shall be defrayed out of such fund which
shall be operated upon in such manner as may be prescribed.]
26. Purpose
for which the Marketing Development Fund may be expended
The
Marketing Development Fund shall be utilized out of following purposes :-
(i)
better marketing of agricultural produce;
(ii)
marketing of agricultural produce on cooperative lines ;
(iii)
collection and dissemination of market rates and news;
(iv)
grading and standardization of agricultural produce;
(v)
general improvements in the markets or their respective notified
market areas;
(vi)
maintenance
of the office of the Board and construction and repair of its office
buildings, rest-house and staff quarters;
________________
(vii)
giving aid to financially weak Committees in the shape of loans and
grants;
(vii-a)
repayment of loans and payment of interest thereon].
(viii)
payment of salary, leave allowance, gratuity, compassionate
allowance, compensation for injuries or death resulting from accidents
while on duty, medical aid, pension or provident fund to the persons
employed by the Board and leave and pension contribution to Government
servants on deputation;
(ix)
traveling and other allowances to the employees of the Board, its
members and members of Advisory committees;
(x)
propaganda, demonstration and publicity in favour of agricultural
improvements];
(xi) production
and betterment of agricultural produce;
(xii)
meeting any legal expenses incurred by the Board;
(xiii)
imparting education in marketing or agriculture directly by
the Board or through Punjab Agricultural University, Ludhiana or any other
body as may be specified by the State Government by notification;
(xiv)
construction of godowns and construction or repair of link roads,
approach roads, culverts, bridges and other such purposes.];
(xv)
loans and advances to the employees;
(xvi)
expenses incurred in auditing the accounts of the Board;
(xvii)
with the previous sanction of the State Government, any other
purposes which is calculated to promote the general interests of the
Board and the Committee [or
the national or public interest]:
________________
Provided
that if the Board decides to give aid of more than five thousands rupees
to a financially weak Committees under clause (vii), the prior approval of
the State Government to such payment shall be obtained.
27. Market
Committee Fund
(1)
All moneys received by a Committee shall be paid into a fund to be
called the Market Committee Fund and all expenditure incurred by the
Committee under or for the purposes of this Act shall be defrayed out of
such fund, and any surplus remaining after such expenditure has been met
shall be invested in such manner as may be prescribed.
(2)(a)
Every Committee shall, out of its funds pay to the Board as
contribution such percentage of its income derived from licence fee,
market fee and fines levieby the Courts as is specified below to defray
expenses of the office establishment of the Board and such other expenses
incurred by it in the interest of the Committees generally and also pay to
the State Government the cost of any special or additional staff employed
by the State Government in consultation with the Committee for giving
effect to the provisions of this Act.
[(i)
if the annual income of a Committee..
Twenty per centum
does not exceed Rs. 20,00,000;
(ii)
if the annual income of a committee exceeds Rs. 20,00,000;
(a)
on the first of Rs. 20,00,000/-
Twenty per centum
(b)
on the next Rs. 20,00,000/-
Forty per centum and
(c)
on the remaining income
Fifty per centum]
(b)
The State Government shall determine the cost of such special or
additional staff and shall, where the staff is employed for the purposes
of more Committees than one, apportion such cost among the Committees
concerned in such manner as it thinks fit. The decision of the State
Government determining the amount payable by any committee shall be final.
_____________________
28. Purposes
for which the Market Committee Funds may be expended
Subject
to the provisions of section 27, the Market Committee Funds shall be
expended for the following purposes :-
(i)
acquisition of sites for the market;
(ii)
maintenance and improvement of the market;
(iii) construction
and repair of buildings which are necessary for the purposes of the market
and for the health, convenience and safety of the persons using it;
(iv)
provision and maintenance of standard weights and measures;
(v)
pay, leave allowances, gratuities, compassionate allowances and
contributions towards leave allowances, compensation for injuries and
death resulting from accidents while on duty, medical aid, pension or
provident fund of the persons employed by the committee;
(vi)
payment of interest on loans that may be raised for purposes of the
market and the provisions of a sinking fund in respect of such loans;
(vii)
collection and dissemination of information regarding all matters
relating to crop statistics and marketing in respect of the agricultural
produce concerned;
(viii)
providing comforts and facilities, such as shelter, shade, parking
accommodation and water for the persons, draught cattle, vehicles and pack
animals coming or being brought to the market or on construction and
repair of [link
roads] approach roads, culverts, bridges and other such purposes;
(ix)
expenses incurred in the maintenance of the offices and in auditing
the accounts of the Committees ;
[(x)
propaganda in favour of agricultural improvements and thrift];
[(xi)
production and betterment of agricultural produce];
(xii)
meeting any legal expenses incurred by the Committee.
____________________
(xiii)
imparting education in marketing or [agriculture];
(xiv)
payments of traveling and other allowances to the members and
employees of the Committee, as prescribed;
(xv)
loans and advances to the employees;
(xvi)
expenses of and incidental to elections; and
(xvii)
with the previous sanction of the Board, any other purpose which is
calculated to promote the general interest of the committee or the
notified market area [or
with the previous sanction of the State Government, any purpose calculated
to promote the national or public interest.
29. Liability of member or employee of
Committees or the Board
(1)
Every person shall be liable for the loss, waste or misapplication
of any money or other property belonging to a committee, if such loss,
waste or misapplication is proved to the satisfaction of the Board to be
the direct consequence of his neglect or misconduct in the performance of
duties as a member or an employee of the committee, and he may, after
being given an opportunity by a written notice to show cause why he should
not be required to make good the loss, be surcharged with the value of
such property or the amount of such loss by the Board, and if the amount
is not paid within one month from the expiry of the period of appeal
prescribed by sub-section (3) it shall be recoverable as arrears of land
revenue :
Provided
that no such person shall be called upon to show cause after the expiry of
a period of four years from the occurrance of such loss, waste or
misapplication or after the expiry of two years from the time of his
ceasing to be a member of an employee, whichever expires first.
(2)
Every person shall be liable for the loss, waste or misapplication
of any money or other property belonging to the Board, if such loss, waste
or misapplication is proved to the satisfaction of the State Government to
be the direct consequence of his neglect or misconduct in the performance
of duties as a member or an employee of the Board, and he may, after being
_______________
given
an opportunity by a written notice to show cause why he should not be
required to make good the loss, be surcharged with the value of such
property or the amount of such loss by the State Government, and if the
amount is not paid within one month from the expiry of the period of
appeal prescribed by sub-section (3) it shall be recoverable as arrears of
land revenue :
Provided
that no such person shall be called upon to show cause after the expiry of
a period of four years from the occurrance of such loss, waste or
misapplication or after the expiry of two years from the time of his
ceasing to be a member or an employee, whichever expires first.
(3) The person against whom an order under sub-section (1) or
sub-section (2) is made may, within one month of the service of such
order, appeal to the State Government which shall have the power of
confirming, modifying or disallowing the surcharge.
30. No
Trade Allowance permissible except as prescribed
No
trade allowance, other than an allowance permitted by rules or bye-laws
made under this Act, shall be made or received in a notified market area
by any person in any transaction in respect of the agricultural produce
concerned and no Civil Court shall, in any suit or proceeding arising out
of any such transaction, recognise any trade allowance not so permitted.
Provided that all market charges shall be paid by the buyers.
31. Bar
of suit in absence of notice
(1)
No suit shall be instituted against the Board or a committee or any
member or employee thereof or any person acting under the direction of any
such committee, member or employee for anything done or purporting to be
done under this Act, until the expiration of two months next after a
notice in writing, stating the cause of action, the name and place of
abode of the intending plaintiff and the relief which he claims, has been,
in the case of the Board or a committee delivered to him or left at its
office, and in the case of any such member, employee or person as
aforesaid, delivered to him or left at his office or usual place of abode,
and the plaint shall contain a statement that such notice has been so
delivered or left.
(2)
Every such suit shall be dismissed unless, it is instituted within
six months from the date of accrual of cause of action.
32. Power
to borrow
(1)
A committee may, with the previous sanction of the [
]Board, raise the money
required for carrying on the purposes for which it is established on the
security of any property vested in and belonging to the committee and of
any fees leviable by it under this Act.
(2) A committee may, for the purposes of meeting the initial
expenditure on lands, buildings and equipment required for establishing
the market, for the proper discharge of the duties and functions imposed
on it by or under this Act, or for the purpose of development activities
and extension of market obtain a loan from the State Government or the
Board on such conditions and subject to such rules as may be prescribed.
(3) A committee may, with the previous approval of the [
] Board, obtain loans from
other committees on such conditions and subject to such rules as may be
prescribed.
32-A. Power
to borrow by the Board
The
Board may, with the previous sanction of the State Government, raise loans
from the State Government banks or other financial institutions on such
terms and conditions, as may be mutually agreed upon for carrying on the
purposes for which it is established.
33. Power
to call information, inspect, enforce attendance and to suspend
actions, etc. of Committees
(1)
When the affairs of a Committee are investigated or the proceedings
of such committee are examined by the [Chairman
or Secretary of the Board] or any other officer to whom the powers have
been delegated under the sub-section (17) of section 3, all officers,
servants and members of such committee shall furnish such information in
their possession in regard to the affairs or proceeding of the Committee
as the [Chairman
or Secretary of the Board] or such officer may require.
(2)
The [Chairman
or Secretary of the Board] or any officer authorised by him by general or
special order shall have power to inspect or cause to be inspected the
accounts of a Committee or to institute an enquiry into the
__________________
affairs
of the Committee and to require the Committee to do a thing or to desist
from doing a thing which he considers necessary in the interest of the
Committee and to make a written reply to him within a reasonable time
stating its reasons for not desisting from doing it or for not doing such
a thing.
(3)
An officer investigating the affairs of a committee or examining
the proceedings of such committee under sub-section (1) shall have the
power to summon and enforced the attendance of officers or members of the
Committee and to compel them to give evidence and to produce documents by
the same means and as far as possible in the same manner as is provided in
the case of a Civil Court under the Code of Civil Procedure, 1908.
(4)(i)
The [
] Board may, by order in
writing, annul any proceedings of a Committee or sub-committee or joint
committee or ad hoc committee which it considers not to be in conformity
with law or with the rules or bye-law made there under and may do all
things necessary to secure such conformity, or may suspend any resolution
which it considers likely to cause injury or annoyance to the public or is
likely to affect adversely the interest of the committee or of producers
or dealers or any class of functionaries working in the notified market
area concerned.
(ii)
The [
] Board may, by order in writing, suspend the execution of any
resolution or order of a committee or sub-committee, or joint committee or
ad hoc committee, or prohibit the doing of any act which is being done or
is about to be done in pursuance of or under cover of this Act or any rule
or bye-law made there under, if in its opinion, the resolution, order or
act is in excess of the powers conferred by law, or is likely to cause
injury or annoyance to the public or is likely to affect adversely the
interest of the Committee or of producers or of dealers or of any class of
functionaries working in the notified market area concerned.
(iii)
When the [
] Board makes an order under this sub-section, he shall forthwith
forward a copy thereof, with a statement of reasons for making it and the
explanation, if any, of the committee concerned, to the State Government
who may thereupon rescind the order or direct that it shall continue in
force with or without modification, permanently or for such period as it
thinks fit.
_______________
(5)
The [***]
Secretary of the Board shall also have the power to suspend or cancel the
licences of market functionaries issued under section 13.
(6)
(i) If any officer or member of committee when required to furnish
information in regard to the affairs or proceedings of a Committee under
sub-section (1),
(a)
wilfully neglects or refuses to furnish any information;
(b)
wilfully furnishes a false information;
(i) he shall, on conviction, be punishable with
fine not exceeding five hundred rupees, or with imprisonment for a term
which may extend to six months, or with both.
(ii) If any officer, member, or a servant of a committee
wilfully neglects or refuses to do any act or wilfully or without any
reasonable excuse disobeys a lawful written order issued under the
provisions of this Act or fails to furnish information or return lawfully
required from him, he shall, on conviction, be punishable with fine not
exceeding five hundred rupees, or with imprisonment for a term which may
extend to one month, or with both.
33-A. Power to order production of accounts and
powers of entry, inspection and seizure
(1)
Any officer empowered by the Board in this behalf may, for the
purposes of this Act, require any dealer to produce before him the
accounts and other documents and to furnish any information relating to
the stock of agricultural produce or purchase, sale, storage and
processing of agricultural produce by such person and also to furnish any
other information relating to the payment of fee levied under the Act by
such person.
(2)
All accounts and registers maintained by any dealer and documents
relating to the stock of agricultural produce or purchase, sale, storage
and processing of such agricultural produce in his possession and the
office, establishment, godown or vehicle of such person shall be open to
inspection at all reasonable times by such officer.
__________________
(3)
If such an officer has reason to believe that any person is
attempting to evade the payment of fees due from him under section 23 or
that any person has purchased any agricultural produce in contravention of
any provision of this Act or the rules or bye-law in force in any notified
market area, he may, for reasons to be recorded in writing, seize such
accounts, registers or documents of such person as may be necessary, and
shall grant a receipt for the same and shall retain the same only so long
as may be necessary for examination thereof or the prosecution of the
person concerned but not in any case exceeding the period of fifteen days.
(4)
For the purpose of sub-section (2) or sub-section (3), such officer
may enter and search any place of business, warehouse office,
establishment, godown or vehicle where he has reason to believe that such
person keeps, or is for the time being keeping, any accounts, registers,
documents or stock of agricultural produce relating to his business.
(5)
The provisions of section 100 of the Code of Criminal Procedure
1973, shall, so far as may be, apply to a search under sub-section (4).
(6)
Where any books of account or other documents are seized from any
place and there are entries therein making reference to quantity,
quotation, rates, receipt or payment of money or sale or purchase of
goods, such books of account or other documents shall be admitted in
evidence without witness having to appear to prove the same; and such
entries shall be prima facie evidence of the matters, transactions and
accounts purported to be therein recorded.
33-B.
Power to stop vehicles
At
any time when so required by the Secretary of the Board or any other
officer of the Board so authorised by the Secretary, the driver or any
other person incharge of any vehicle or other conveyance which is taken or
proposed to be taken out of the notified market area shall stop the
vehicle or other conveyance, as the case may be, keep it stationary as
long as may reasonably be necessary and allow the Secretary of the Board
or such officer to examine the contents in the vehicle or other conveyance
and inspect all records relating to the agricultural produce carried, and
give his name and address and the name and address of the owner of the
vehicle or other conveyance and of the owner of the agricultural produce
carried in such vehicle or other conveyance.
______________
34. Acquisition
of land for the Board and Committees
(1)
When any land is required for the purposes of this Act, the State
Government may on the request of the Board or a Committee requiring
it, proceed to acquire it under the provisions of the Land Acquisition
Act, 1894, and on payment by the Board or committee of the compensation
awarded under that Act and of all other charges incurred by the State
Government on account of the acquisition, the land shall vest in the Board
or Committee.
The
Board or a Committee shall be deemed to be a local authority for the
purposes of the Land Acquisition Act, 1894.
35. Supersession
of Committees
(1)
If, in the opinion of the State Government, a Committee is
incompetent to perform or persistently makes default in performing the
duties imposed on it by or under this Act, or abuses its powers, the State
Government may, by notification, supersede the committee:
Provided
that before issuing a notification under this sub-section, the State
Government shall give a reasonable opportunity to the committee for
showing cause against the proposed supersession and shall consider the
explanations and objections, if any, of the committee.
(2)
Upon the publications of a notification under sub-section (1)
superseding a committee, the following consequences shall ensue:-
a) all the members including the Chairman and
Vice-chairman of the committee shall, as from the date of such
publication, be deemed to have ceased to be members of the committee;
b)
all assets of the committee shall vest in the Board and the Board
shall be liable for all the legal liabilities of the committee subsisting
at the date of its supersession upto the limit of the said assets;
c)
the State Government may, in its discretion, by order constitute
either a new committee as provided under section 12 or such other
authority for the carrying out of the functions of the committee [and
of its Chairman and other members] as the State Government may deem fit.
________________________
(3)(a)
When the State Government has made an order under clause (c) of
sub-section (2), the assets and liabilities defined in clause (b) of
sub-section (2) vesting in the Board at the date of such order shall be
deemed to have been transferred on the date of such order to the new
committee or authority constituted as aforesaid.
(b)
(i) Where the State Government by order under clause (c) of
sub-section (2) has appointed an authority other than a new committee for
the carrying out of the functions of the superseded committee, the State
Government may, by notification, determine the period not exceeding one
year for which such authority, shall act :
Provided
that the term of office of such authority may be terminated earlier, if
the State Government for any reason consider it necessary.
(ii)
At the expiry of the term of office of such authority a new
committee shall be constituted;
(iii)
Upon such an order being made the assets and liabilities vesting in
the authority there by superseded, shall be deemed to have been
transferred by such order to the new committee.
(4)
Whenever the assets of a Committee vest in the Board and no new
Committee or authority is appointed in its place the Board shall employ
the balance of the assets remaining after the discharge of the subsisting
legal liabilities of the Committee for any object of public utility in the
area specified in the notification issued under section 6.
36. Emergency
powers
If
at any time the State Government is satisfied that a situation has arisen
in which the purposes of this Act cannot be carried out in accordance with
the provisions thereof, the State Government may by notification –
(a) declare
that the functions of a committee shall, to such extent as may be
specified in the notification, be exercised by the Board or such person or
persons as it may direct; or
(b)
assume to itself all or any of the powers vested in or exerciseable
by a Committee;
and such notification may contain such incidental and consequential
provisions as may appear to the State Government to be necessary or
desirable for giving effect to the objects of the notification.
37. Penalties
(1)
Whoever contravenes the provisions of section 6 or section 8 shall,
on conviction, be punishable with simple imprisonment which may extend to
one month or with fine which shall not be less than fifty rupees but may
extend to five hundred rupees or with both, and in the case of a
continuing contravention with a fine which in addition to such fine as
aforesaid, may extend to thirty rupees for every day after the date of
first conviction during which the contravention is continued.
(2)
Whoever contravenes the provisions of sub-section (2) and (4) of
section 13, shall, on conviction, be punishable with fine which shall not
be less than ten rupees but may extend to fifty rupees and, in the case of
a continuing contravention, with a fine which, in addition to such fine as
aforesaid may extend to two rupees for every day after the date of first
conviction during which the contravention is continued.
(3)
Whoever contravenes the provisions of section 30, shall, on
conviction, be punishable with fine which shall not be less than fifty
rupees but may extend to two hundred rupees.
38. Power of State
Government to amend the Schedule
The
State Government may, by notification, add to the Schedule to this Act any
other item of agricultural produce or amend or omit any item of such
produce specified therein.
39. Trial of offences
(1)
No offence made punishable by this Act or any rule or bye-law made
there under shall be tried by a court inferior to that of a magistrate of
the first class.
(2)
Prosecution under this Act may be instituted by any person duly
authorised by a resolution passed by the Board or a committee in this
behalf.
(3)
All fines received from an offender shall be credited to State
revenues and grant equivalent to such fines shall be paid to the
committee.
__________________
40. Appeal
Any
person objecting to an order passed by a committee under section 13 or by
the [***
]Secretary of the Board under sub-section (5) of section 33 may appeal to
the Board in the manner prescribed and the Board’s decision on appeal
shall be final.
41.Recovery of sums due
to State Government from Committees
(1)
Every sum due from a Committee to the State Government or the Board
shall be recoverable as an arrear of land revenue.
(2)
Every sum due to a Committee from any person shall be recoverable
as an arrear of land revenue.
41-A. Power of State Government
to issue directions to Board
The
State Government may issue to the Board such directions as in its opinion
are necessary or expedient for carrying out the purposes of this Act and
Board shall give effect to all such directions.
42. Revision
Notwithstanding
anything in this Act, the State Government shall have the power of
reversing or modifying any order of the Board or any of its officers
passed or purporting to have been passed under this Act, if it considers
it to be not in accordance with this Act, or the rules or bye-laws made
there under.
43. Power to make rules
(1)
The State Government may by notification make rules for carrying
out the purposes of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for --
[(i)
The appointment or nomination of members of the Board and
Committees and their removal];
[(ia)
the definition of practices at elections held under the provisions
of this Act which are to be deemed to be corrupt and the ground or grounds
which will constitute failure of justice];
_______________
(ib) the investigation of allegations of corrupt practices;
(ic) prescribing
the authority by which questions relating to the matters referred to in
section 17-A shall be determined and the powers to be exercised and the
procedure to be followed by it in the trial of election petitions;
(id) prescribing
the security to be furnished with an election petition and other
conditions on which such a petition may be presented”.
(ii) the powers to be exercised and the duties to
be performed by the Board or committees and their officers and servants;
(iii) the [appointment]
of the Chairman and Vice-Chairman of Committees, their powers and term of
office;
(iv)
the
filling of casual vacancies in the office of members or in the office of
Chairman or Vice-Chairman of Committees;
(v)
the time, place and manner in which a contract between buyer and
seller is to be entered into, continued and carried out and the money is
to be paid to the seller;
(vi)
generally for the guidance of the Board or Committee;
(vii)
management of the Market, maximum fees which may be levied by a
Committee in respect of the agricultural produce bought or [sold
by licensees or sold by producer] in the notified market area, and
the manner and the basis thereof, and the recovery and disposal of such
fees;
(viii)
the issue by a Committee of licences to brokers, weighmen,
measurers, surveyors, godown keepers or other functionaries, the form in
which, and the conditions under which, such licences shall be issued or
renewed and the fees, if any, to be charged thereof;
(ix) the issue by the [Secretary
of the Board] of licences to dealers, the form in which, and the
conditions under which, such licences shall be issued or renewed and the
fees, if any, to be charged thereof;
(x)
the place or places at which agricultural produce shall be weighed,
the kind and description of bardana to be used and the quantity of the
produce
_______________
to
be filled and of the scales, not being hand scales (Takri), weights and
measures which alone may be used in transactions in agricultural produce
in notified market area ;
(xi)
the inspection, verification, regulation, correction and
confiscation of scales, weights and measures in use in a notified market
area ;
(xii)
the trade allowance which may be made or received by any person in
any transaction in an agricultural produce in a notified market area;
(xiii) the provision of facilities for the settlement by arbitration
or otherwise of any dispute between a buyer and a seller of agricultural
produce or their agents, including disputes regarding the quality or
weight of the article, the price or rate to be paid, allowances for
wrappings, dirt or impurities or deductions for any cause;
(xiv)
the prohibition of brokers from acting in the same transaction on
behalf of both the buyer and the seller of agricultural produce;
(xv)
the provision of accommodation for storing any agricultural produce
brought into the market;
(xvi)
the preparation of plans and estimates for work proposed to be
constructed partly or wholly at the expense of the Board or a Committee,
and the grant of sanction to such plans and estimates;
(xvii)
the form in which the accounts of a Committee shall be kept, the
audit and publication of such accounts, the charges, if any, to be made
for such audit ;
xviii)
the management and regulation of provident funds which may be
established for the benefit of the employees of the Board or Committees;
(xix)
the preparation and submission for sanction of an annual budget and
the reports and returns to be furnished by the Board or Committees ;
(xx)
the investment and disposal of the surplus funds of the Board or
Committees ;
(xxi)
the manner in which auctions of agricultural produce shall be
conducted and bids made and accepted in any market;
(xxii)
any matter in respect of which fees shall be payable under this
Act, and fixing the amount of such fees and the mode of payment and
recovery thereof ;
(xxiii)
exemption of classes of person from the obligation of obtaining
licences under section 6 ;
(xxiv)
the authority to which application for obtaining licences shall be
made.
(xxv)
The realization or disposal of fees recoverable there under or
under any rules or bye-laws made under this Act ;
(xxvi)
The traveling and other allowances that may be [paid
to the Chairman, members and employees of the Board],
[…] and Committees ;
(xxvii)
the settlement of any question as to whether any person is a
producer or not ;
[(xxvii-a)operation
of Marketing Development Fund.];
(xxviii)
service rules, recruitment rules, provident fund rules, pension
rules and such other rules as may be required for the employment of the
staff of the Board and committees ;
(xxix)
the penalties to be imposed upon the employees of the Board and
Committees including the manner of imposing such penalties and the right
of appeal against such penalties ;
(xxx)
nature and status of the servants of the Board and Committees.
(xxxi)
Imposing on persons holding licences under this Act, the duty of
making returns to Committee at regular Intervals of transactions of sale,
purchase, storage and processing affected by them or at their places of
business and of producing accounts for inspection and furnishing
information, when called upon by an authority duly empowered , and
prescribing the form and mode of verification of, and the particulars to
be entered in, such returns as well as the nature of such information ;
(xxxii)
the regulation of advances, if any, given to producers by brokers
or dealers ;
(xxxiii)
the prevention of adulteration of the agricultural produce.
(xxxiv)
the grading and standardization of the agricultural produce.
(3) The rules made under this section may provide that any
contravention thereof or any of the conditions of any licence issued or
renewed there under shall be punishable with fine which may extend to five
hundred rupees.
______________
44.
Bye-laws
(1)
Subject to any rules made by the State Government under section 43
a Committee may, in respect of notified market area, make bye-laws for -
(i) the regulation of its business;
(ii) the condition of trading;
(iii) the appointment and punishment of its employees.
(iv) the payment of salaries, gratuities and leave allowances
to such employees.
(v)
The delegation of power or duties, to the Sub-committee
or Joint committee or adhoc committee or any one or more of its members
under section 19; and
(vi)
the remuneration of different functionaries not specifically
mentioned in this Act, working in the notified market area and rendering
any service in connection with the sale, purchase, storage and processing
of agricultural produce, and may provide that contravention of any of such
bye-laws shall be punishable, on conviction, with a fine which may extend
to fifty rupees.
(2)
where a Committee fails to make bye-laws under this section within
six months from the date of its establishment or the date on which this
Act comes into force, whichever is later, the Board, may make such
bye-laws as it may think fit and the bye-laws so made shall remain in
operation in the Committee.
(3)(a)
Notwithstanding anything contained in this Act or the rules or
bye-laws made there under, if the [***]
Board considers that an amendment, alteration, rescission or adoption of a
new bye-law is necessary or desirable in the interests of such Committee,
he may, by an order in writing to be served on the Committee by registered
post, require the Committee, to make such amendment, alteration,
rescission or adopt a new bye-law within such time as may be specified in
such order.
(b)
If the Committee fails to make any such amendment, alteration or
rescission or to adopt the new bye-law within the time specified by the
[***]
Board in his order under clause (a), the [***]
Board may, after giving the committee an opportunity of being heard,
register such amendment, alteration, rescission or such new bye-laws, and
issue certified copy thereof to such Committee.
(c)
The committee may, within one month from the date of issue of an
order under clause (b), appeal against such order to the State Government.
(d)
Where an appeal is presented within one month from the date of the
issue of an order under clause (b) registering an amendment, such
amendment shall not come into force till the order is confirmed by the
State Government.
(e)
A certified copy of the amendment of the bye-laws registered by [***]
Board under clause (b) shall, subject to the result of an appeal, if any,
under clause (c) be conclusive evidence that the same has register such
amendment, alteration, rescission or such new bye-laws, and issue
certified copy thereof to such committee been duly registered and such
amendment, alteration, rescission or a new bye-law shall be deemed to have
been made by the committee.
(4)
No bye-law or rescission of a bye-law or its alteration or
amendment shall take effect until it has been confirmed by the [***]
Board and notified in the official gazette.
45. Power to write off irrecoverable fees, etc
Whenever
it is found that any amount due to the Board or a Committee is
irrecoverable or should be remitted or whenever any loss of the Board’s
or a Committee’s money or stores or other property occurs through the
fraud or negligence of any person or for any other cause and such property
or money is found to be irrecoverable the facts shall be reported to the
Board or Committee, as the case may be, and the Board with the approval of
the Government and the Committee with the approval of the Board, may order
the amount or value of the Property to be written off as lost,
irrecoverable or remitted, as the case may be, provided that in case of
committee, if in any case the amount due or the value of such property is
in excess of one hundred rupees, such order shall not take effect without
the approval of the State Government.
46. Power to Compound
Offences
(1)
With the previous approval of the Chairman of the Board, a
Committee or with the authorisation by a resolution of a Committee, its
Chairman, may accept from any person against whom a reasonable suspicious
exists that he has Committed an offence under this Act or any rule or
bye-law made there under, a sum of money by way of composition for such
offence.
_______________
(2)
On the
payment of such amount of money to the committee or to its Chairman, as
the case may be, the suspected person, if in custody shall be discharged,
and no further proceedings shall be taken against such person.
47. Repeal and Savings
The
Punjab Agricultural Produce Markets Act, 1939, and the Patiala
Agricultural Produce Markets Act, 2004 B.K., are hereby repealed ;
Provided that such repeal shall not affect –
(a)
the previous operation of any Act so repealed or anything duly done
or suffered there under ; or
(b)
any right, privilege, obligation or liability acquired or incurred
under any Act so repealed ; or
(c)
any penalty, forfeiture or punishment incurred in respect of any
offence committed against any Act so repealed ; or
(d)
any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty forfeiture or
punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may
be imposed, as if this Act had not been passed :
Provided
further that anything done or any action taken under the Acts so repealed
shall be deemed to have been done or taken under this Act, and shall
continue to be in force accordingly, unless and until superseded by
anything done or any action taken under this Act:
Provided
further that the State Marketing Board constituted under the Patiala
Agricultural Produce Markets Act, 2004 B.K. and functioning immediately
before the commencement of this Act shall, till a Board is established and
constituted under section 3, be deemed to be the State Agricultural
Marketing Board for the purposes of this Act and all employees in the
service of the State Marketing Board immediately before such commencement
shall be deemed to be the employees of the State Agricultural Marketing
Board and their emoluments and other conditions of service shall not be
varied to their disadvantage :
Provided
further that the Market committee functioning immediately before the
commencement of this Act shall be deemed to be constituted for the first
time under sub-section (4) of section 12 and their members including the
Chairman and Vice-Chairman shall hold office until new committees set up
under this Act are notified [***].
______________
THE SCHEDULE
(See
Section 2(a) and Section 38)
1.
Wheat (Kanak).
2
. Barley
(Jau).
3. Maize
(Makki).
4. Great
Millet (Jowar).
5. Spiked
Millet (Bajra).
6. Paddy
and Rice (Dhan and Chawal).
7. Gram
and Kabli Gram (Chana Kala and Safaid).
8. Green
Gram (Mung).
9. Black
Gram (Mash).
10
. Phaseolus aconitifolius (Moth).
11. Lentil
(Massur).
12. Indian
Colza (Sarson).
13. Indian
Rale (Toria).
14. Rochet
(Tara Mira).
15. Cotton
Seed (Banaula).
16. Ground
– nut (Shelled and unshelled) (Mung Phalli).
17. Cotton
(Ginned and unginned) (Kapas and Rui).
18. Gluster
Bean (Guara).
19. Dry
and Green Fooder (Suka and Subaz Chara).
20. Potato
(Alu).
21. Sweet
Potato (Shakarkandi).
22. Onion
Dry (Piaz Khushak).
23. Arum
(Arvi).
24. Cauli
Flower (Phul Gobi).
25. Cabbage
(Band Gobi).
26. Carrot
(Gajjar).
27. Radish
(Muli).
28. Turnip
(Salgam).
_________________
29. Tomato
(Tamatar).
30. Brinjal
(Baingan).
31. Lady
Finger (Bhindi).
32. Peas
Green (Matar Hara).
33. Garlic
Dry (Lashan Khushak).
34. Orange
(Malta).
35. Chillies
(Dry and Green) (Mirach Khushak and Hari).
36. Gur.
37. Shakkar.
38. Khandsari.
39. Dry
Peas (Mattar Khushak).
40. Water
Melon (Tarbuz).
41. Wool
(Oon).
[42.
** ]
43.
** ]
[44.
**]
[45.
** ]
42. Tinda
Gourd (Tinda).
43. Bottle
Gourd (Lauki).
44. Pampkin
round (Ghia Kadu).
45. Squash
or Red Gourd (Halwa Kadu).
46. Bitter
Gourd (Karela).
47. Cow
peas (Lobia)
48. French
Beans, Rajmaha and Soya beans.
49. Long
Melon (Tarr)
50. Elephant
Foot (Zimikand).
51.
Cucumber (Khira).
52. Chappan
Kadu.
53. Turmeric
(Haldi).
54. Musk
Melon (Kharbooza)
______________
55. Mango
(Am).
56. Mandarin
(Sangtra).
57. Lime
(Nimboo).
58. Lemon
(Galgal and Khatta).
59. Apple
(Saib).
60. Guava
(Amrud).
61. Pear
(Nashpati).
62. Anar.
63. Sweet
Lime (Mitha).
64. Apricot
(Khurmani).
65. Plum
(Alu Bukhara and Alucha).
66. Peach
(Aru).
67. Litchi.
68. Sapota
(Chikoo).
69. Loquat.
70. Castaud
Apple (Sharifa).
[71. .
…………………….]
72. Sag
(Palak and Saron)
73. Ginger
(Adrak).
74. Heena
(Mehndi).
75. Goat
Hair.
76. Camel
Hair.]
[77. Sesamum
(Til)]
77. Banana
(Kela)]
[79.
……………..]
80. Kinnow.
81. Sweet
Orange (Mousmbi).
82. Amla
83. Grapes
(Angoor)
______________________
84. Papaya
(Papita).
85. Musk
Melon (Khakri)
86. Ber.
87. Jaman.
88. Spong
Gourd (Ghia Tori).
89. Rat-Tail-Radish
(Moongre).
90. Fenu
Green (Mathi).
91. Colocasia
(Kachalu).
92. Bhean.
93. Beet-Root
(Chakander).
94. Onion
Green (Hara Piaz).
95. Coriander
Green (Hara Dhania).
96. Gram
Raw (Chholia).
97. Mint
(Pondina).
98. Sweet
Peper (Simla Mirch).
[99. Pigenopea
(Arhar).
100. Linseed
(Alsi)
101. Maize
Cob (Makki di Chhali).
102. Egyptian
Clover (Barseem).
103. Indian
clover (Serji).
104. Indian
Mustard (Raya).
105. Cress/Gardencress
(Hallon).
106. Oats
(Javi)
[107.
……………]
[108.
Sunflower Seed].
[109. Timber
and Firewood].
[110. All
Flowers].
_____________
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