ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING
(REGULATION) ACT, 1989 THE ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION)
ACT, 1989 [Act No. 06 of 1990] An Act to provide for the better
regulation of marketing of agricultural produce and the establishment and
proper administration of markets for agricultural produce in the State of
Arunachal Pradesh. Be it enacted by the
Legislative Assembly of Arunachal Pradesh in the Fortieth Year of the Republic
of India as follows: (1)
This act may be called the Arunachal Pradesh Agricultural Produce
Marketing (Regulation) Act, 1989. (2)
It extends to the whole of Arunachal Pradesh. (3)
It shall come into force on such dale as the Government may, by
notification in the Official Gazelle, appoint. In this Act, unless the
context otherwise requires,-- (1)
"agricultural produce" means all produce and
commodities, whether processed or unprocessed, of agriculture, horticulture,
apiculture, pisciculture, viticulture, sericulture, animal husbandry, fleeces
and skins of animals, forest products etc. as may be prescribed or declared by
the Government by notification and also includes admixture of two or more of
such produces. (2)
"agriculturist" means a person who ordinarily by his own
labour or by the labour of any member of his family or who by the labour of his
tenants or by servants or hired labour or otherwise is engaged in the
production or growth of agricultural produce, but does not include a trader,
commission agent, processor or broker or a partner in a trading farm or
industrial concern in or in relation to agricultural produce: Provide that if a question
arises whether any person is an agriculturist or not for the purpose of this
Act, the decision of the Deputy Commissioner of the District in which such
person is engaged in the production or growth of agricultural produce shall be
final; (3)
"Board" means the Arunachal Pradesh Agricultural
Marketing Board constituted under Section 44 of this Act; (4)
"Broker" means an agent who, in consideration of
commission merely negotiates and brings about a contract for the purchase or
sale of notified agricultural produce on behalf of his principal, but does not
receive deliver, transport, pay for the purchase of or collect the payment for
the sale of notified agricultural produce; (5)
"buyer or purchaser" means a farm a person a company or
co-operative society or Government agency, public undertaking, public agency or
corporation, commission agent, who himself or on behalf of any person or agent
buys or agrees to buy agricultural produce in the market area as notified under
this Act or rules made thereunder; (6)
"commission agent" or "arhetia" means a person
who in the ordinary course of business, makes or offers to make a purchase or
sale of agricultural produce, on behalf of the seller or purchaser of
agricultural produce within or outside the market area or keeps it in his
custody and controls it during the process of its sale or purchase and collects
payment thereof for a commission agent or arhetia; (7)
"Director" means any person appointed by the Government
as Director of Agriculture Marketing for the purpose of this Act and includes
any officer empowered by the Government to exercises or perform the powers and
functions of the Director under this Act or Rules or the bye-laws made
thereunder; (8)
"Deputy Commissioner" means the Deputy Commissioner of
the district concerned and includes Additional Deputy Commissioner; (9)
"Government" means the Government of Arunachal Pradesh; (10)
"Hamal" means a labour, hamal or coolie engaged for
para-making, loading unloading, filling, stitching, emptying or carrying any
agricultural produce in the notified market area; (11)
"licence" means a licence granted under this Act,; (12)
"licensee" means a person or association, farm, company,
Public Sector-undertaking or society holding a licence issued under this Act; (13)
"local authority" means for the purpose of
representation on the Market Committee in relation to an area within the local
limits of,-- (i)
in any Municipal area, the Municipal Corporation, the Municipal
Council, the Cantonment Board, the Sanitary Board, the Town Committee, Town
Improvement Trust or the Notified Committee or any authority for such area; (ii)
in any rural area, the Village Panchayat, Zilla Parishad, or
Anchal Samiti or any other authority constituted under the NEFA Panchayat Raj
Regulation, 1967; (14)
"market area" means any area notified as market area
under section 4 of this Act; (15)
"market charges" includes charges on account or in
respect of commission, brokerage, weighing, measuring, hamali (loading,
unloading and carrying), cleaning, drying, sewing, stitching, stacking, hiring,
gunny-bags, stamping, bagging, storing, warehousing, grading, surveying,
transporting and processing; (16)
"Market Committee" means any committee constituted as
Market Committee under section 10 of this Act; (17)
"market functionary" means a dealer, a broker, a
commission agent, buyer, hamal, processor, a stockist, a trader and such other
person as may be declared to be market functionary under the rules or bye-laws
made under this Act; (18)
"marketing" means buying and selling of agricultural
produce and includes grading, processing, storages transport, channels of
distribution and any other functions associated with the buying and selling; (19)
"market proper" means any area including all lands with
the buildings and structures thereon within such distance of the principal or
sub-market yard as the Government may, by a notification, declare it to be a
market proper; (20)
"notified agricultural produce" means any agricultural
produce notified under section 4 of this Act; (21)
"principal market yard" in relation to a market area
means a specified place and includes any enclosures, buildings or locality
declared as such in any market area by the Government or by the Director, by
notification; (22)
"processing" means any one or more of series of
treatment relating to powdering, crushing decorticating, husking, parboiling,
polishing, ginning, pressing, curing or any other manual, mechanical, chemical
or physical treatment to which raw agricultural produce or its product is
subjected to; (23)
"processor" means a person who processes any notified
agricultural produce on his own accord or on payment of a charge; (24)
"Regulation" means a Regulation made under section 51 of
this Act; (25)
"retail sale" in relation to a notified agricultural
produce means a sale not exceeding such quantity as the Market Committee may
determine to be a retail sale in respect thereof; (26)
"Secretary" means the Secretary of a Market Committee
and includes any other officer empowered to exercise such powers and functions
of the Secretary; (27)
"seller" means a person who sells or agrees to sell any
agricultural produce and includes a person who sells on behalf of any other
person as his agent or servant or commission agent; (28)
"sub-market yard" in relation to a market area means a
specified place and includes any enclosure, building or locality, declared as
such in any market area by the Government or the Director, by notification; (29)
"trade allowances" means anything realised in cash or
kind by the purchaser from seller in any transaction relating to agricultural
produce, either by deduction from the price agreed upon or otherwise; (30)
"trader" means any person who in his normal course carries
on the business of buying or selling, storing or processing of any agricultural
produce as a principal or an authorised agent. (1)
The Government may, by notification in the Official Gazette,
declare its intention of regulating the purchase and sale of such agricultural
produce in such areas as may be specified in the notification. (2)
The notification under sub-section (1) shall state that any
objection or suggestion received by the Government within a period of not less
than one month to be specified in the notification under sub-section (1) shall
be considered by the Government. After the expiry of the
period specified in the notification issued under section 3 and after
considering such objections and suggestions as may be received before such
expiry and after making such inquiry, as may be necessary, the Government may,
by notification in the Official Gazette, declare the area specified in the
notification issued under section 3 or any portion thereof, to be a market area
for the purpose of this Act in respect of all or any of the kinds of
agricultural produce specified in the said notification. (1) Subject
to the provision of sections 3 and 4, the Government may at any lime by
notification in the Official Gazette exclude from any market area, any area or
any agricultural produce comprised therein or include in any market area, any
area or any agricultural produce as included in the notification issued under
section 3, area or may declare that the regulation of the marketing of any
agricultural produce in any market area shall cease or that the marketing of
any agricultural produce (hitherto not regulated) shall be regulated in such
market area: Provided that no
notification shall be issued under this section without giving previous notice
which shall not be less than 45 days from the date of notice. (2)
Where a notification is issued under sub-section (1), excluding
any area from any market area and such excluded area is not declare to be a
separate market area or a notification is issued including any area within the
market area, the Market Committee constituted for such market area before the
date of such exclusion or inclusion shall not withstanding anything contained
in this Act continue to be the Market Committee for the said market area until
a new Market Committee is constituted for such market area. (3)
When any area cease to be a market area under sub-section (1), the
Market Committee constituted therefore shall cease to exist, and the property
and rights vested in such Market Committee shall subject to all charges and
liabilities resulting from such ceasing vest in the Government. (4)
Where any such area is included in two or more other market areas
the Government may, by order, direct that such property, rights, charges and
liabilities shall vest in the Market Committees of such areas in such manner
and in such proportions as may be specified in such order. Where the Government is
satisfied that for securing efficient regulation or marketing of any
agricultural produce in any market area, it is necessary that two or more
Market Committees therein should be amalgamated, than the Government may after
consulling the Market Committees concerned direct for the amalgamation of such
Market Committees into a single Market Committee for the market area in respect
of the agricultural produce specified in the notification, with such
constitution, property, rights, interests and authorities and such liabilities,
duties and obligations (including provision in respect of contracts, assets,
employees, proceedings and such incidental, consequential and supplementary
matters as may be necessary to give effect to such amalgamation) as may be
specified in such direction. (1)
Subject to the provision of sections 3 and 4, the Government may
divide a market area into two or more separate market areas. (2)
When during the term of a Market Committee the market area for
which it is established is divided into two or more separate market areas, the
following consequences shall be ensured: (a)
the Market Committee constituted for the market area under this
Act shall be deemed to have been dissolved and the Government shall constitute
separate Market Committee under section 13 for each of the separate market
areas subject to such conditions as may be prescribed; (b)
the term of office of the newly constituted committees shall be
the same as is applicable to the first Market Committee under sub-section (1)
of section 13; (c)
the assets, rights and liabilities of the dissolved Market
Committee shall be distributed by the Government between the new Market
Committees in such manner as may be prescribed; (d)
any appointment, notification, notice, fee, order, scheme,
licence, permission, bye-law or form made, issued or imposed by the Market
Committee so dissolved, in respect of any part of the area subject to the
authority of the new Market Committee shall be deemed to have been made, issued
or imposed by such Market Committee concerned unless and until it is superseded
by any notification, notice, fee, order, scheme, licence, permission, rule,
bye-laws, or form made, issued or imposed by it. (3)
If any difficulty arises in giving effect the provisions of this
section, the Government may, by order published in the Official Gazette, as the
occasion may require, do anything which appears to it to be necessary to remove
such difficulty. (1)
For each market area, there shall be one principal market yard and
one or more sub-market yards corresponding to market proper, as may be
necessary. (2)
The Government may, as soon as may be, by notification in the
Official Gazette declare. (i)
any specified place including any structure, enclosure, building
or locality in the market area to be the principal market yard and other
enclosures, building or localities in such area to be sub-market yard for the
area; and (ii)
any area including all lands with the building thereon within such
distance of the market yard as it thinks fit to be the market proper. (1)
On the establishment of a market under section 4 no local
authority or other person shall, notwithstanding anything contained in any law
for the time being in force, set up, establish or continue or allow to be set
up, established, continued or used any place in the market area/market proper
for the marketing of any agricultural produce so notified, except in accordance
with the provisions of this Act and rules and bye-laws made thereunder. (2)
Nothing in sub-section (1) shall apply to? (i)
the purchase or sale of any agricultural produce if the producer
of such produce is himself its seller and the purchaser is a person who
purchases such produce for his own private consumption or if such agricultural
produce is sold by retail sale to a person who purchases such produce forth is
own private consumption; (ii)
such agricultural produce which is purchased by an authorised fair
price shop dealer from the Food Corporation of India, the State Commodity
Trading Corporation or any other agency or institution authorised by the
Government for distribution through the public distribution system; (iii)
the transfer of such agricultural produce to a Co-operative
Society, warehouse or a Bank for the purpose of securing an advance therefrom. (1)
For every market area, there shall be a Market Committee having
jurisdiction over the entire market area. (2)
Every such Market Committee shall be a body corporate by such name
as the Government may, by notification specify and it shall have perpetual
succession and a common seal and may sue and be sued in its corporate name and
shall subject to such restrictions as are imposes by or under this Act, be
competent to conduct and to acquire, hold, lease, sell or otherwise transfer
any property and to do all other things for the purpose for which it is
established: Provided that no immovable
property shall be acquired or transferred by way of sale, lease or otherwise
without the prior permission of the Director or the Board. (3) Notwithstanding
anything contained in any law for the time being in force, every Market
Committee shall, for all purposes of this Act, be deemed to be a local
authority. (1)
The Market Committee may require a local authority to transfer to
it any land or building belonging to the local authority which is situated
within the market yard and which immediately before the establishment of the
market was being used by the local authority for the purposes of the market and
the local authority
shall within one month of the receipt of the requisition, transfer the land
and/or building, as the case may be, to the Market Committee on such terms as
may be agreed upon between them. (2)
Where, within a period of thirty days from date of receipt of
requisition by the local authority under sub-section (1), no agreement is
reached between the local authority and the Market Committee under sub-section
(1) the land or building required by the Market Committee shall vest in the
Market Committee for the purpose of this Act and the local authority shall be
paid such compensation as may be determined by the Deputy Commissioner under
sub-section (5): Provided that no
compensations shall be payable to a local authority in respect of any land or
building which had vested in it by virtue of the provision contained in the law
relating to the constitution of such local authority without payment of any
amount whatsoever for such vesting: Provided further that any
party aggrieved by the order of the Deputy Commissioner may, within thirty days
from the date of such order, appeal to the Government. (3)
The local authority shall deliver possession of the land or
building vesting in the Market Committee under sub-section (2) within a period
of seven days from such vesting and on failure of the local authority to do so
within the period aforesaid, the Deputy Commissioner shall take possession of
the land or building and cause it to be delivered to the Market Committee. (4)
Subject to the order of the Government the order of the Deputy
Commissioner under sub-section (2) shall be final and binding on both the
parties. (5)
The Deputy Commissioner shall fix the amount of compensation for
the land or building having regard to:-- (i)
the annual rent for which the building might reasonably be
expected to be let from year to year; (ii)
the condition of the building; (iii)
the amount of compensation paid by the local authority for the
acquisition of such land; and (iv)
the cost or the present value of any building erected or other
work executed on the land by the local authority. (6)
The compensation fixed under sub-section (5) may, at the option of
the Market Committee, be paid in lump sum or in such number of equal installments
not exceeding ten installments as the Deputy Commissioner may fix: Provided that where the
compensation is paid in installment it shall carry an interest at the rate as
may be fixed by the Deputy Commissioner which shall be payable alongwith the
installments. The Government may on the
request of the Board or the Market Committee, as the case may be, acquire such
land required for the purposes of this Act, under the provisions of the Land Acquisition
Act, 1894 (No. 1 of 1894) and shall determine the compensation according to the
provisions of the said Act. (1)
For every Market Committee established under sub-section (1) of
section 10, it shall consist of the following members namely:-- (i)
two agriculturists to be nominated by the Deputy Commissioner; (ii)
two traders holding valid licence under this Act to be elected by
the traders amongst themselves in the manner prescribed; (iii)
one to be elected by the Co-operative Societies from amongst
themselves in the manner prescribed; (iv)
four members to be nominated by the Government of whom one shall be
nominated from Anchal Samity. (2)
When a Market Committee is constituted for the first time, all the
members shall be nominated by the Government and such members shall hold office
for a period of three years. (1)
Every member of a Market Committee other than the first one
constituted by the Government shall hold office for three years commencing from
the date of first meeting of the constituted Market Committee at which a quorum
is present and the Market Committee, shall, thereafter be reconstituted every
three years before the expiry of the third year and not earlier than three
months prior to such expiry. (2)
The term of three years referred to in sub-section (1) shall
include any period which may lapse between the expiry of the said three years
and the date of the first meeting of the constituted Market Committee, at which
a quorum is present. (3)
The Government may, by notification for sufficient cause to be
stated therein, direct from time to time that the term of office of the members
of a Market Committee be extended by such period not exceeding one year as may
be specified in the notification. (4)
A member elected or appointed under sub-section (1) of section 13
shall cease to hold office, if he ceases to be a member of the category of
persons from which he was elected or appointed. (5)
A member shall also cease to hold office if he in writing resigns
his membership and the same is accepted by the Market Committee or if he is
removed by the Government under the provisions of this Act. (6)
Whenever any vacancy occurs in membership for any of the reasons
aforesaid or on account of death the said vacancy shall be filled in by
election, nomination or appointment, as the case may be, and every such member elected,
nominated or appointed, shall hold office for the unexpired portion of the term
of the member in whose place he is elected, nominated or appointed. (7)
Notwithstanding any vacancy in a Market Committee it shall be
competent to exercise its powers and perform its duties and none of its actions
shall be questioned merely on the ground of its existence of any vacancy in or
any defect in the constitution of the committee. (1)
The Chairman of the Market Committee shall be appointed by the
Government out of four members nominated under clause (iv) of sub-section (1)
of section 13 and Vice-Chairman shall be elected from among other members of
the committee in the manner as prescribed and' the Chairman and Vice-Chairman
shall exercise such powers and carry out such functions as delegated of
conferred upon them under this Act or rules made thereunder. (2)
Wherever for any reason, the offices of both the Chairman and the
Vice-Chairman of any Market Committee falls vacant the Government shall appoint
any one from amongst the members of such Market Committee as Chairman to hold
such office temporarily till a Chairman is elected. (3)
The Chairman or in his absence, the Vice-Chairman shall preside at
every meeting of the Market Committee and in the absence of both the Chairman
and the Vice-Chairman from any meeting the members present shall elect one from
amongst themselves to preside over that meeting: Provided that no candidate
for election to the office of Chairman or Vice-Chairman shall preside over the
election. (4)
When a meeting is held for the removal of the Chairman or the
Vice-Chairman or both? (a)
the Vice-Chairman or in his absence a member duly elected at the
meeting, shall preside, if the resolution relates to the removal of [he
Chairman; (b)
the Chairman or in his absence a member duly elected at the
meeting shall preside if the resolution relates to the removal of the
Vice-Chairman; (c)
a member duly elected at the meeting shall preside if the
resolution relates to the simultaneous removal of both the Chairman and the
Vice-Chairman. (1)
The Chairman or Vice-Chairman of any Market Committee may be
removed from office by a resolution adopted by at least two-third of the total
members of the Market Committee present and voting at the meeting convened for
the purpose. (2)
The Government may, after giving an opportunity to explain, remove
the Chairman or Vice-Chairman of a Market Committee from office if he
persistently omits or refuses to carry out or disobeys the provisions of the
Act or the rules made thereunder or any directive issued by the authority from
time to time, or if he is deemed or becomes incapable of so acting or is
declared insolvent or is convicted by a criminal court for any offence
involving moral turpitude or declared disqualified under any of the provisions
of this Act and the rules made thereunder. (1)
No business shall be transacted at any meeting of the Market
Committee unless such meeting is called by the Secretary under such direction
of the Chairman or the Vice-Chairman, as the case may be, required on a
requisition by the members as prescribed and unless a quorum be present. (2)
The quorum referred to in sub-section (1) shall be one-third of
the total number of members. (3)
If at any meeting the prescribed quorum is not present the meeting
shall stand adjourned to some future day to be appointed by the Chairman,
Vice-Chairman or any member who may preside in the meeting, as the case may be
and the members present at such adjourned meeting shall form a quorum whatever
their number may be. The objects of the Market
Committee shall be as follows:-- (1) to
maintain and manage the market yard and to control, regulate and run the market
in the interest of the agriculturists and traders holding licence under this
Act; (2) to
regulate and control transaction in the market and to deal license holder who defaulted
to open, close and suspend trade in any regulated commodity, to settle
disputes, levy and recover market charges, fees of an agricultural produce,
license and other fees, to impose fines and penalties; (3) to act as
a mediator, arbitrator or surveyor in all matters of differences, disputes,
claims, etc., between license holders' interest or between them and
agriculturists making use of the market as sellers of agricultural produce; (4) to
control and regulate the admission to the market to determine the conditions
for use of the market and to prosecute and confiscate the goods belonging to
person trading without a valid license; (5) to bring,
prosecute or defend or aid in bringing, prosecuting or defending any suit,
action proceeding, application or arbitration on behalf of the Market Committee
or otherwise directed by the Government; (6) to
purchase, hire or acquire any land for construction of any house thereon or
other movable or immovable property and other equipment for the purpose of its
business, to raise fund from the Government or otherwise with the approval of
the Director for the said purpose and to enter into arrangements with the
Government, local authority or otherwise and to comply with such arrangements;
and (7)
to do such oilier things as may be required for the purpose of
achieving the object and requirements of the Act, and the rules and the
bye-laws framed thereunder. A Market Committee shall
have the power to regulate the entry of a person to the market, to supervise
the behaviour of the persons so entered for transacting business and to take
disciplinary action against the license holder who fails to fulfil the
conditions of the license or any direction of the Market Committee. It shall be the duly of
every Market Committee to enforce the provisions of this Act, the conditions of
license granted under the rules and bye-laws framed under this Act in the
market area and to provide such facilities as the Government may, from time to
time direct in connection with the purchase sale of agricultural produce
concerned. A Market Committee may
appoint a sub-committee or a joint committee or an adhoc committee from amongst
its members or non-members of the market area for the administration of the
sub-market yard, for the conduct of any work or for reporting or recommending
or deciding any matter or matters and may delegate to such committees such of
its powers or duties as it may think fit. Every Market Committee
shall have a Secretary appointed by the Director subject to such terms and
condition as may be prescribed and he shall also exercise such powers and
functions as may be prescribed. (1) A Market
Committee may also employ such other officers and staff as may be necessary for
the management of the market and may pay such officers and staff such salaries
as it may think fit: Provided that the Market
Committee, shall in the case of any other office/officers or staff of the
Government whom it may employ, pay such pension or other contribution, gratuity
and other allowance as may be required by the condition of his/her
service/services under the Government for the time being in force. (2) A Market
Committee may also, in the case of any of its officers and staff other than
those of the Government provide for payment for such leave allowances, pensions
and gratuities as it may deem proper and may contribute to any provident fund
which may be established for the benefit of such officers and staff. (3)
The powers conferred by this section on Market Committee shall be
exercisable by it subject to any rules made in this behalf by the Government. Every contract entered into
by a Market Committee shall be in writing and shall be signed by its Chairman
and two members of the committee. Every Market Committee
shall levy and collect cess or fees on the agricultural produce brought into or
sold in the market area in a manner and at the rates as may be prescribed: Provided that the cess or
fees so levied shall not be less than two rupees per one hundred rupees of the
price of the agricultural produce. Explanation:--For the
purpose of this section all notified agricultural produce taken out or proposed
to be taken out of a market area shall, unless the contrary is provided, be
presumed to have been brought or sold within such market area by the person in
possession of such produce. (1)
Any officer or servant of the Market Committee or the Board
empowered in this behalf, may for purposes of this Act require any persons
carrying on business in any kind of notified agricultural produce, to produce
before him the accounts and other documents hand to furnish any information
relating to the stocks of such agricultural produce, or purchases, sales and
deliveries of such agricultural produce by such person and also any other
information relating to payment of the market fees or cess or any other payment
to the seller by such person. (2)
All accounts and registers maintained by any person in the
ordinary course of business in any notified agricultural produce and documents
relating to the stock of such agricultural produce, or purchases, sales and
deliveries of such agricultural produce in his possession and the office,
establishments, godowns, vessels or vehicles of such persons shall be open to
inspection at all reasonable limes by such officers and servants of the Market
Committee as may be authorised in this behalf by the Committee. (3)
If any such officer or servants has reasons to suspect that any
person is attempting to evade the payment of any market fee or cess or any
other charges due from him under this Act or rules or the bye-laws made
thereunder or that any person has purchased any notified agricultural produce in contravention of any of the
provisions of this Act or the rules, or the bye-laws made thereunder 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 so long as may be necessary for examination thereof or
for a prosecution as the case may be. (4)
For the purpose of sub-section (2) or sub-section (3), such
officer or servant may enter or search any place of business, warehouse, office
establishment godown, vessel or vehicle where such officer or servant has
reason to believe that such person keeps, for the time being, any accounts,
register or documents of his business, or stock notified agricultural produce
relating to his business, and the provisions of section 100 of the Code of
Criminal Procedure, 1973, shall apply to every such search. (1)
At any time when so required by any officer or servant of a Market
Committee or Board/Director empowered in this behalf, the driver or any other
person in charge of any vehicle, vessel or other conveyance, which is taken or
proposed to be taken out of the market area shall stop the vehicle, vessel or
other conveyance, as the case may be, and keep it stationary as long as may be
reasonably necessary and allow such officer or servant to examine the contents
in the vehicle, vessel or other conveyance and inspect all records relating to
the notified agricultural produce carried and give his name and address and the
name and address of the owner of the vehicle, vessel or other conveyance and of
the owner of the notified agricultural produce carried in such vehicle, vessel
or other conveyance. (2)
The officer or servant of the Market Committee or Board empowered
under sub-section (1) shall have power to seize any notified agricultural
produce taken or proposed to be taken out of the market area in any vehicle,
vessel or other conveyance, if such officer or servant has reason to believe
that any fee or other amount due under this Act in respect of such produce has
not been paid: Provided that such seizure
shall forthwith be reported by the officer or servant aforesaid to a magistrate
having jurisdiction to try the offence under this Act and the provisions of
Sections 457, 458 and 459 of the Code of Criminal Procedure, 1973, shall so far
as may be, apply in relation to the notified agricultural produce seized as
aforesaid as they apply in relation to property seized by police officer. Every Market Committee
shall keep in the market yard two sets of weighing and measuring instruments as
prescribed under the Arunachal Pradesh Weights and Measures (Enforcement) Act,
1979 and rules made thereunder and such instruments shall be tested, verified
and stamped in accordance with the provisions of the said Act or Rules made
thereunder. Every encroacher of market
yard, sub-market yard or yards shall be evicted therefrom in such manner and
procedure as provided in law in force for eviction of encroacher of Government
land. (1)
There shall be a Fund to be called the Market Committee Fund to
which all moneys received by the Committee shall be credited and all
expenditure incurred by the Market Committee under or for the purposes of this
Act shall be defrayed out of the said Fund and any surplus remaining with the
Market Committee after such expenditure shall be invested in such manner as may
be prescribed. (2)
Save as otherwise provided in this Act, the amount to the credit
of the said Fund and all other moneys received by the Market Committee shall be
kept in Co-operative Bank or in Post Office Saving Bank or in any other Bank
with the approval of the Director or Board. Subject to the provisions of
section 30 the Market Committee Fund shall be expanded for the following
purpose only, namely:-- (i)
the acquisition of site or sites for the market; (ii)
the establishment, maintenance and improvement of the market; (iii)
the construction and repair if buildings necessary for the purpose
of the market and for convenience or safety of the persons using the market; (iv)
the maintenance of standard weights and measures; (v)
the meeting of establishment charges including payment and
contribution towards provident fund, pension, gratuity and all other allowances
of the officers and servants employed by a Market Committee; (vi)
loans and advances to the employees of the committees; (vii)
the payment of interest on the loans that may be raised for the
purpose of the market and provisions of sinking fund in respect of such loans; (viii)
the collection and dissemination of information relating to crop
statistics and marketing of agricultural produce; (is) ??expenses incurred in auditing the accounts of
the Market Committee; (ix)
payment of honorarium including travelling allowances of the
Chairman, the Vice-Chairman and other members of the Market Committee and
silting fees payable to member for attending the meeting etc.; (x)
contribution to Arunachal Pradesh Agricultural Marketing Board as
prescribed and Consolidated Fund of the State to the extent required for salary
of the employees of the Board; (xi)
contribution to any scheme for development of agricultural
marketing including transport and scientific storage; (xii)
to provide facilities like grading services and communication to
agriculturists in the market areas; (xiii)
to provide for development of agricultural produce in the market
area; (xiv) payment
of expenses and incidental to elections under this Act; (xv)
incurring of all expenses for research, extension and training in
marketing of agricultural produce; (xvi) prevention
in conjunction with other agencies, State, Central and others of distress sale
of agricultural produce; (xvii) fostering
co-operative marketing and assisting co-operative marketing societies in the
procurement and organisation of profitable disposal of produce, particularly
the produce belonging to small and marginal farmers; (xviii)
any other purpose connected with the marketing of agricultural
product under this Act whereon the expenditure of the Market Committee Fund is
in the public interest subject to the prior sanction of the Director/Board. (1)
A Market Committee may with the previous sanction of the
Government, raise money required for carrying out the purpose for which it is
established on the security of any property vested in it and of any fees
leviable by it under this Art. (2)
The Market Committee may, for the purpose of meeting the initial
expenditure on lands, buildings and equipments required for establishing the
market, obtain loan or grant-in-aid from the Government. (3)
The conditions subject to which such money or loan or grant-in-aid
should be raised or obtained and the time within which the same shall be
repayable, shall be subject to the previous sanction of the Government. (1)
Every Market Committee shall prepare and pass the budget of its
income and expenditure for the ensuing year in the prescribe form and shall
submit it to the Board for sanction before the prescribed date every year and
on receipt thereof the Board shall sanction the budget with or without
modification within two months from the date of receipt thereof and if it is
not returned by the Board within two months it shall be deemed to have been
sanctioned. (2)
No expenditure shall be incurred by a Market Committee on any
item, if there is no provision in the sanctioned budget or unless it can met by
reappropriation from saving under any other head and any sanction for
reappropriation may be obtained from the Board: Provided that in case of
reappropriation from minor heads under one major head, sanction for
reappropriation shall not be required. (3)
A Market Committee shall, at any time during the year for which
any budget has been sanctioned, cause a revised or supplementary budget to be
passed and sanctioned in the same manner as if it was an original budget. (4)
The Market Committee may take up or give order for execution of
any construction work up to the estimated value of not exceeding rupees one
lakh without prior permission of the Board. (5)
Any construction work of the Marketing Committee shall be awarded
in pursuances of open tender system only. No person shall, in respect
of any notified agricultural produce, operate in the market area as trader,
commission agent, broker, weighman, hammal, surveyor, warehouseman, owner or
occupier of processing or pressing factories or such other market functionary,
except in accordance with the condition of a licence granted under the
provision of this Act and the rules and bye-laws made thereunder. (1)
Any person who desire to operate in the market shall apply to the
Market Committee for the grant of a licence or renewal of a licence under this
Act. (2)
Every such application shall be accompanied by such fee as may be
prescribed. (3)
On receipt of application under sub-sections (1) and (2) the
Market Committee shall grant a licence with such terms and conditions and for
such period as may be prescribed or renew the licence in case of renewal or
refuse to grant or renew after recording of its reason: Provided that, if the
Market Committee fails to grant or renew a licence within a period of sixty
days from the date of receipt of application, the licence shall be deemed to
have been granted or renewed, as the case may be. (4) The
Market Committee may, by a resolution, pass in that behalf and with the prior
approval of the Director or the Board, direct that no commission agent or a
broker or both shall act in any transaction between the producer-seller and trader-purchaser, on behalf of a
producer-seller nor shall he deduct any amount towards commission or deduct
from the sale proceeds payable to the producer-seller nor shall he act on
behalf of both the buyer and the seller: Provided that the
resolution so passed shall not be revoked by the Market Committee until a
period of one year has expired from the date of its passing. (1)
Subject to the provision of sub-section (5) a Market Committee
may, for the reasons to be recorded in writing, suspend or cancel a licence; (a)
if the licence has been obtained by misrepresentation or fraud; (b)
if the holder of the licence or any servant or any one acting on
his behalf with his express or implied permission, commits a breach of any of
the terms or conditions of the licence; or (c)
if the holder of the licence in combination with other holders of
licences commits any act or abstains from carrying out his normal business in
the market area with the intention of obstructing, suspending or stopping the
marketing of notified agricultural produce in the market yard and in
consequence thereof the marketing of any produce has been obstructed, suspended
or stopped; or (d)
if the holder of the licence has become an insolvent; or (e)
if the holder of the licence incurs any disqualification as may be
prescribed; or (f)
if the holder is convicted of any offence under this Act. (2)
Subject to the provisions of sub-section (5), the Chairman of a
Market Committee or the person authorised by the Board in this behalf, may for
reasons to be recorded in writing, suspend a licence for a period not exceeding
one month for any reasons for which a Market Committee or the person authorised
by the Board in this behalf may suspend a licence under sub-section (1). (3)
Subject to the provisions of sub-section (5) the Secretary of a
Market Committee may, for reasons to be recorded in writing, suspend a licence
for a period not exceeding one week for any reason for which a Market Committee
may suspend a licence under sub-section (1). (4)
Notwithstanding anything contained in sub-section (1), but subject
to the provisions of sub-section (5), the Director or the officer authorised by
the Board may for reasons to be recorded in writing, by order, suspend or
cancel any licence granted or renewed by the Market Committee: Provided that no order
under this sub-section shall be made without prior notice to the Market
Committee. (5) No
licence shall be suspended or cancelled under this section, unless the holder
thereof is given an opportunity to show cause against such proposed suspension
or cancellation. (1)
No trade allowances, other than allowance, prescribed by or under
this Act, shall be made or received by any person in any market area in any
transaction in respect of the notified agricultural produce and no Civil Court
shall, in any suit or proceedings arising out of any such transaction, have
regard to or recognise any trade allowance not so prescribed. (2)
The weight of a container shall be counter balanced by the same
type of container and no deduction in any form whatsoever shall be allowed for
counter balancing the weight of the container and if the same type of container
is not available, the weight of the container shall be determined and deducted
from the weight of the produce. All notified agricultural
produce brought into the market proper for sale shall be brought into the
market yard specified for such produce and shall not, subject to the provision
of the bye-laws be sold at any other place outside such yard. (1)
Any person who buys notified agricultural produce in the market
area shall execute an agreement in triplicate in such form as may be
prescribed, in favour of the seller and one copy of such agreement shall be
kept by the buyer and one copy shall be supplied to the seller and the
remaining copy shall be kept in the record of the Market Committee. (2)
The price of the agricultural produce brought into the market yard
shall be paid to the seller on the same day of the sale. Prohibition of trade
allowances other than those prescribed under this Act. (1)
Save as provided under sub-section (1) of section 10, the
Government may by notification, constitute separate Market Committee for
effective implementation of provisions of this Act for such markets located in
the State which are considered as the markets of 'National Importance'. (2)
The Government may, after consideration of such aspects as, the
turn over, upstream catchment area, down stream servicing (number of consumers
served) and price leadership (where the market influence the price at the
national level), declare the market as the market of 'National Importance': Provided that the markets
handling not less than one lakh tonne of produce per year (out of which at least
30% of the arrivals may be from not less than two other States) may be
considered for conferring the status as the markets of National Importance,
provided such market influence the price of the regulated commodity at the
national level. (3)
All provisions for and in relation to the Market Committee
provided in this Act shall mutatis mutandis apply to the Market Committee
established for the Markets of National Importance under sub-section (1). (4)
The Market Committee constituted under sub-section (1) shall
consist of the following members, namely:-- (i)
one agriculturists to be nominated by the Government; (ii)
one trader to be nominated by the Government; (iii)
the Deputy Commissioner of the district concerned; (iv)
one representative from the Co-operative Societies to be nominated
by the Registrar; (v)
one representative from the Town Planning Board or Committee; (vi)
one representative from the Market Committee to be nominated by
its Chairman; (vii)
one representative from the Agricultural Marketing Board; (viii)
the Director or its nominee of the Agricultural Marketing; (ix)
one representative from the other States concerned; (x)
the Agricultural Marketing Adviser to the Government of India or
his representative; (xi)
one representative from the Government who shall function as the
Chief Executive Officer of the Committee. (5)
The Market Committee shall meet at least once in six months. (1)
The Market Committee for Market of National Importance shall have
Chairman and Vice-Chairman who may be nominated by the Government. (2)
The members of the Committee shall hold office during the pleasure
of the Government. (1)
There shall be an Executive Committee consisting of the following
members, namely:-- (i)
the Chairman of the Market Committee for National Importance; (ii)
one representative from the traders holding trading licence under
this Act; (iii)
one representative from growers; (iv)
the Registrar or its nominee of the Co-operative Societies; (v)
the Director of Marketing or its nominee; (vi)
the Chief Executive Officer or his nominee of the Marketing Board; (vii)
the Chief Executive Officer of the Market Committee of National
Importance who shall ace as the Member Secretary. (2) The
Executive Committee may decide matters requiring approval of the Market
Committee in case of emergency subject to approval of the Market Committee
within forty-five days from the date of such decision. (3)
The Executive Committee shall meet at least once in two months. The Executive Committee of
market of National Importance shall exercise such powers and functions such
duties as may be prescribed. (1)
The Government may, for co-ordinating the activities of Market
Committees and for exercising such other powers and performing such functions
as are conferred or entrusted by or under this Act, constitute a Board to be
called the Agricultural Marketing Board. (2)
The Board shall be a body corporate having perpetual succession
and a common seal and may sue and be sued in its corporate name and shall be
competent to acquire and hold property, both movable and immovable and to
lease, sell or otherwise transfer any such property and to contract and to do
all other things necessary for the purpose for which it is constituted. (3)
The Board shall consist of a Chairman and such other members as
may be appointed by the Government. Director shall function as the
Chief Executive Officer of the Board and he shall exercise such powers and
functions such duties as may be delegated to him by the Board or as may be
prescribed. (1)
The term of office of the non-official members of the Board shall
be for five years. (2)
The tenure of office of the other members of the Board shall
continue so long he holds the office by virtue of which he was nominated as
member of the Board. In the event of any vacancy
occurs due to death or resignation or otherwise before the expiry of his term
of office such vacancy shall be filled up as soon. as may be, by nomination by
the authority having powers 10 nominate or appoint such member and the person
so nominated shall hold such office for the unexpired term of the member in
whose place he is nominated. The 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, it may suspend the Board
and till such time a new Board is constituted, make such arrangement for the
exercise of the powers and function of the Board as it may think fit: Provided that the Board
shall be constituted within six months from the dale of its suspension. The non-official members of
the Board shall be paid such fees and allowances as may be fixed by the
Government from time to time for attending any meeting of the Board or for any
other works assigned to them by the Board. The Board shall subject to
the provisions of this Act perform the following functions namely:-- (i)
to supervise the functions of the Market Committees including
co-ordination of the working of the Market Committee; (ii)
to undertake the State level planning for development of agricultural
produce markets; (iii)
to administer the Marketing Development Fund; (iv)
to approve any proposal submitted by the Market Committee; (v)
to maintain audits and accounts of the Board in the prescribed
manner; (vi)
to prepare and publish annual reports and returns of its progress,
balance sheet, assets and liabilities etc. in the prescribed manner; (vii)
to make necessary arrangements for propagandas and publicity on
matters related to regulated marketing of an agricultural produce; (viii)
to provide facilities for the training of officers and staff of
the Market Committee; (ix)
to prepare and adopt budget for the ensuing year; (x)
to grant advance or loan to Market Committees for the purpose of
this Act; (xi)
to arrange or organise seminar, workshops, exhibitions etc. on the
agricultural marketing produce; and (xii)
to do such other things as may be considered necessary for the
efficient functioning of the Board. (1)
The Board may with the previous approval of the Government make Regulations,
not inconsistent with the provisions of this Act and rules made thereunder for
carrying out the purposes of this Act. (2)
In particular and without prejudice to the generality of the
foregoing power, such Regulations may provide for all or any of the following
matters, namely:-- (i)
the summoning and holding of meetings of the Board, the time and
date and place of such meetings; (ii)
the powers and duties of the officers and other employees of the
Board; (iii)
the salaries and allowances and other conditions of service of
officers and other employees of the Board; (iv)
the management of the properties of the Board; (v)
the execution of contracts and agreement of the Board; (vi)
the maintenance of accounts and the preparation of balance sheet
by the Board; (vii)
quorum for any meeting or sitting of the Board; (viii)
the procedure for carrying out the functions of the Board under
this Act; and (ix)
any other matter for which provision is to be or may be made by
Regulation. All moneys received by or
on behalf of the Board shall be credited to a fund called the Marketing
Development Fund and all payment incurred by the Board shall be defrayed out of
the said fund. Every Market Committee
shall pay 50% of the total income derived from various sources to the Board as
contribution and out of 50% so contributed to the Board, 50% of it shall go to
tbe Government revenue. The Board may from time to
time, with the previous sanction of the Government, and subject to the
provisions of this Act, borrow or obtain grant in aid such sum as may be
required for carrying out the purpose for which it is constituted. The Marketing Development
Fund shall be utilised for the following purposes, namely:-- (i)
payment of administrative expenditure of the Board; (ii)
payment of travelling and other allowances to the Chairman and
members of the Board; (iii)
payment of legal expenses incurred by the Board; (iv)
for granting aid to the Market Committees as loan or advance; (v)
expenses incurred for propaganda and publicity on matters relating
to marketing of agricultural produce; (vi)
training of the officers and staff of the Market Committees or
Board; (vii)
imparting education in marketing of agricultural produce; (viii)
organising or arranging workshops, seminars, exhibitions etc. by
the Board; (ix)
construction of infrastructural facilities in the market area
including construction of link and approach road, culverts, bridges etc.; (x)
general improvement of the regulation of marketing in Arunachal
Pradesh; (xi)
providing technical assistance to the Market Committee; and (xii)
for any other purpose as deemed necessary for execution of the
functions assigned to the Board under this Act. (1)
The accounts of the Board shall be audited each year by a person
authorised by the Government by a general or special order in writing in its
behalf. (2)
The audit under the foregoing sub-section shall include
examination of overdue if any the verification of the cash balance and
securities and valuation of the assets and liabilities of the Board. (1)
The Chairman of the Board shall preside over the meeting of the
Board. (2)
The general superintendent, control and direction over all the
officers and staff of the Board shall be vested with the Chief Executive
Officer of the Board. The Chief Executive Officer
of the Board shall exercise general supervision and control over officers and
staff of the Board and also exercise such other powers and functions as may be
delegated to him by the Board or as may be prescribed by Regulation. (1)
The Board shall meet for the transaction of its business at least
once in every three months at such place and at such time as may be fixed by
the Chairman. (2)
The Board shall conduct its business in a manner prescribed under
the Regulation. (1)
The Board shall with the previous approval of the Government
create and appoint such other officers and staff as it considers necessary for the
efficient discharge of its duties and functions under this Act. (2)
The salaries, allowances and other conditions of service of
officers and staff shall be as may be prescribed by Regulation. Subject to the provisions
of this Act and Rules and Regulation made thereunder, the Director may exercise
the following powers and functions, namely:-- (i)
to inspect or cause to be inspected the affairs of the Market
Committees including its accounts; (ii)
to hold inquiry into the affairs of the Market Committees; (iii)
to make such arrangement for performing the duties and functions
of the Market Committee where such Market Committee is not competent to perform
the duties imposed by or under this Act; (iv)
to direct the Market Committee or any officers of the Committee to
furnish such information as requires by the Director; and (v)
such other powers and functions as may be delegated to him by the
Board or as may be prescribed by rules or regulations. An officer investigating
the affairs of a Market Committee or examining the proceedings of such
committee under this Act or Rules or Regulation made thereunder shall have
powers to summon and enforce the attendance of officers or members of the
Market Committee and to compel to give evidence and to produce documents by the
same means and as far as possible in the same manner as is provided by the Code
of Civil Procedure 1908. Any person who contravenes
any provision of this Act or rule or bye-laws or Regulation made thereunder
shall be punishable with simple imprisonment which may extend to six months or
with fine which may extend to one Thousand rupees or with both: Provided that in the case
continuing contravention of the provisions of section 9 and 34 he shall be
liable to be punished with a further fine which may extend to one hundred
rupees for every day during which the contravention is continued after the
first conviction. Whenever any person is
convicted of any offence punishable under this Act the Magistrate shall in
addition to any fine which may be imposed, recover summarily and pay over to
the Market Committee the amount of fees or any other amount due from him under this Act or rules
or bye-laws made thereunder and may, in his discretion, also recover and pay
over to the Market Committees the costs of the prosecution. (1)
No court interior to that of Magistrate of Second Class shall try
any offence under this Act or any rules or bye-laws made thereunder. (2)
No court shall lake cognizance of any offence punishable under
this Act or any rule or any bye-laws made thereunder except on the complain
made by the Deputy Commissioner or the Chairman, Vice-Chairman, or Secretary of
the Market Committee or of any person duly authorised by the Market Committee
in this behalf. (1)
Subject to the provisions of sub-section (2) an appeal shall
lie:-- (i)
from every decision under sub-section (1) and (2) of section 36 to
the Director; and (ii)
from every decision under sub-section (3) of section 36 to the
Chairman of the Market Committee; (iii)
from every decision under sub-section (4) of section 36 to the
Government or any officer specially authorised by the Government. (2)
Every such appeal shall be preferred within sixty days from the
date of the decision appealed against: Provided that the appellate
authority may, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal within the said period of sixty
days, permit the appellant to prefer the appeal within a further period of
sixty days. (3) On
receipt of any such appeal, the appellate authority shall after giving the
parties to the appeal a reasonable opportunity of being heard and after making
such inquiry as it deems proper, make such order, as it may think fit,
confirming, modifying, or reversing the decision appealed against, or may send
back the case with such direction as it may think fit for a fresh decision
after taking additional evidence, if necessary. (4)
Every appeal shall be preferred on payment of such fees, as may be
prescribed. (1) The
Government may, on the recommendation of the Market Committee supported by
least two-third of the total members or on the recommendations of the Director,
remove any member of the Market Committee elected or nominated or appointed
under this Act, if such a member has, in the opinion of the Government, been
guilty of misconduct or gross negligence of his duties or has become
incapacitated for performing his duties as a member: Provided that no
recommendations shall be made by the Market Committee or the Director unless
the member has been given a reasonable opportunity of showing cause why such
recommendations should not be made: Provided further that no
order for removal of any member shall be passed by the Government, unless the
member has been given a reasonable opportunity of showing cause why such order
should not be passed. (2) The
decision of the Government under sub-section (1) shall be final. Every member of the Market
Committee shall be personally liable for the mis-application of fund to which
he has been a party, or which has happened through or being facilitated by
grass neglect of his duty as a member and he may be sued for recovery of the
moneys so mis-applied. If in the opinion of the
Government a Market Committee is not competent to perform, or persistently
makes default in the performance of the duties imposed on it by or under this
Act or otherwise by law, or exceeds or abuses its powers, the Government may,
after giving the Market Committee an opportunity for submitting, an explanation
in regard to the matter, by notification, stating the reasons for so doing,
declare such Committee to be incompetent or in default or to have exceeded its
powers, as the case may be and supersede the Committee for a period not
exceeding one year, at a time and dissolve the committee and reconstitute it
within six months from the date of dissolution: Provided that when a
committee is dissolved the Government may appoint any person as Chairman to
carry on day to day routine matters on behalf of the (1)
When an order of supersession has been passed under section 69,
the following consequences shall ensure? (a)
all the members as well as the Chairman and the Vice-Chairman of
the Market Committee shall from the dale of such publication, vacate their
office; (b)
all the powers and duties which under this Act may be exercised
and performed by the committee, whether at a meeting or otherwise, shall,
during the period of supersession, be exercised and performed by the Chairman
appointed by the Government or by such person as the Government may direct; (c)
all assets vested in such committee shall during the period of
supersession vest in the Government subject to all its liabilities. (2)
On the expiration of the period of supersession specified in the
order the Government may? (a)
extend the period of supersession for such further term as it may
be considered necessary but not exceeding a period of one year at a time; or (b)
reconstitute the Market Committee and the persons who vacated
their offices under clause (a) of sub-section (1) shall not be deemed to be
disqualified for election or appointment, as the case may be: Provided that the
Government may, at any time before the expiration of the period of
supersession, take action under clause (b) of this sub-section. (3) If the
Government make an order for reconstitution of the Market Committee under
sub-section (2) it shall transfer the assets and liabilities of the Market
Committee as on the date of such transfer to the new Market Committee
constituted as such or to the person or persons, if any, appointed for carrying
out the functions of the Market Committee, as the case may be: Provided that if the Market
Committee is not reconstituted or if no person is appointed for carrying out
the functions of the Market Committee the Government may transfer all the
assets of the Market Committee which remain after the satisfaction of all its
liabilities to' the local authority within whose jurisdiction the Market Committee is
situated or if there are more than one such authority such portion of the
assets as the Government may determine and the local authority to which the
assets are so transferred shall have to utilise the same in the area within its
jurisdiction for such objects as the Government may consider necessary for the
benefit of the agriculturists in that area in consonance with the provisions of
this Act. (1)
Any sum due from the Market Committee to the Board or the
Government shall be recoverable as an arrear of Public demand. (2)
Any sum due to a Market Committee to any person shall be reduced
to the form of a demand certificate as prescribed over the signature of the
Director or of such officer as may be authorised in this behalf and shall be
recovered as an arrear of public demand on such certificate being forwarded to
the certificate officer concerned. All the members, officers
and servant of the Market Committee and the Board shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code, 1860 (No.
45 of 1860). (1)
The Government may by notification in the Official Gazette,
delegate any of its powers conferred on it by or under this Act other than the
powers to make rules under Section 75 to the Director or to any of the Board
officers. (2)
The Director or the Chairman or Secretary of the Board may
delegate any of his powers to any officer of the Board. (1)
It shall be the duty of every local authority or its officers to
give all the necessary information in respect of possession of or under the
control of any notified agricultural produce to the Market Committee or its
officers authorised in that behalf as and when requires. (2)
It shall also be the duly of every local authority and its
officers and staff concerned to give all the possible assistance to any officer
of the Market Committee in discharging his duties under this Act. (1)
The Government may, after previous publication, in the Official
Gazettee, make rules for carrying out the purposes of this Act. (2)
In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following
matters, namely:-- (i)
the qualifications of the voters, the preparation and the revision
of the list of voters, the division of market area in its constituencies, the
election, appointment and nomination of members of the Market Committee, the
manner of holding election, the drawing up of the election, programme, the
fixing of polling stations and the appointment of returning, presiding and
polling officers, the declaration of the results of election and matters regarding
appeal in respect of disputed cases in connection with elections; (ii)
the election of the Chairman and the Vice-Chairman of the Market
Committee; (iii)
the filling up of casual vacancies in the office of the Chairman,
Vice-Chairman or member of a Market Committee; (iv)
the powers to be exercised and duties to be performed by a Market
Committee and its Chairman, Vice-Chairman and its Secretary; (v)
the management of the market, minimum and maximum cess or fees
which may be levied and collected by the Market Committee, the method, manner
and mode of collection of such cess or fees in respect of agricultural produce
regulated under the Act and sold in the market area; (vi)
the issue of licences to the traders, persons and firms, engaged
in processing of the agricultural produce, commission agent, brokers, weighmen,
measures, surveyors, warehousemen and the cancellation and suspense of such
licence and category of such other persons operating in a market area as may be
determined by the Director and the form in which and the conditions subject to
which such licenses shall be issued, cancelled and renewed therefore; (vii)
the method and manner of holding meetings, the producedure to be
followed at such meetings, and the powers to be exercised such meetings; (viii)
the form in which returns shall be submitted by a Market Committee
to the Director and such other officers as may be authorised by the Director; (ix)
the persons by whom and the form in which copies of documents,
entries in the books of a Market Committee may be certified and the charges to
be levied for the supply of such copies; (x)
the kind and the descriptions of the weights and measures and the
weighing and the measuring instruments which alone shall be used in the transactions
in agricultural produce in a market area; (xi)
the periodical inspection of all weight and measures and weighing
and measuring instrument in use in market areas; (xii)
the procedure to be followed in presenting and disposing of an
appeal to the Government or the officer appointed by it in that behalf; (xiii)
the manner in which the inquiry and inspection of a Market
Committee shall be held; (xiv) the
matters in respect of which a Market Committee shall or may make bye-laws and
the procedure to be followed in making or abrogating bye-laws and the
conditions to be fulfilled prior to making of such abrogations and alterations; (xv)
the declaration of market proper and market yards; (xvi) the
service rules, recruitment rules, provident fund rules, pension rules and such other
rules as may be required for the employment of the staff; (xvii) the trade
allowance which may be made or received by any person in any transaction in any
agricultural produce in a market area; (xviii)
the prohibition of brokers for acting in any transactions on behalf
of both the buyer and the seller, of agricultural produce or as a buyer or
seller; (xix) the
provision of accommodation for storing any agricultural produce brought into
the market; (xx)
the preparation of plans and estimates for works proposed to be
constructed partly or wholly at the expense of the Market Committee and the
grant of sanction to such plans and estimates; (xxi) the form
in which the accounts of a Market Committee and the grant and the sanction to
plans and estimates shall be kept, the audit, inspection and publication of
such accounts, if any, to be made for such audit and the inspection of audit,
memoranda of accounts and supply of copies of such memoranda; (xxii) the
preparation and the submission for sanction of the annual budget and the report
and the returns to be furnished by a Market Committee; (xxiii)
the investment and the disposal of surplus fund of a Market
Committee; (xxiv)
the regulations of advances, if any, given to agriculturists by
brokers, commission agent, or traders; (xxv)the prevention of adulteration
of agricultural produce; (xxvi)
the grading and standardisation of agricultural produce; (xxvii)
the keeping of a list of prices of agricultural produce in respect
of which the market is established; (xxviii) the
manner in which auctions of agricultural produce shall be conducted and bids
made and accepted in any market; (xxix)
the recovery and disposal of cost leviable by or under this Act; (xxx)write off of losses etc.; (xxxi)
any other matter which is required to be or may be prescribed.
Preamble - ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING
(REGULATION) ACT, 1989PREAMBLE