MARKETS AND FAIRS ACT, 1862 [THE
MARKETS AND FAIRS ACT, 1862][1] [Act
No. 04 of 1862][2] [24th
April, 1862] Repealed in part, by Act 12 of 1873. Repealed in part, by Act 12 of 1876. Repealed in part and amended by Bom. 3
of 1886. Adapted and modified by the Adaptation
of Indian Laws Order in Council. Amended by Bom. 17 of 1945.[3]
Preamble - THE MARKETS AND FAIRS ACT, 1862PREAMBLE
Adapted and modified by the Adaptation
of Laws Order, 1950.
Amended by Bom. 21 of 1954.
Amended by Bom. 6 of 1956.
Adapted and modified by the Bombay
Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
Amended by Bom. 84 of 1958.
Adapted and modified by the Maharashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
An Act for regulating the establishment [4][and
the closure] of markets and fairs.
Whereas the establishment (sic) new
markets or fairs in the neighbourhood of places where markets or fairs have
been previously established leads to disputes between the owners of the lands
on which such new and previously established markets or fairs are held, and
such disputes not un-frequently occasion breaches of peace and serious
inconvenience to the frequenters of [5][such
markets or fairs;
And Whereas it is expedient to provide
also for the closure of existing markets or fairs in the interests of the
general public;] It is enacted as follows:--
Section 1 - No new market or fair to be established without permission
[6]* * * * * No person
shall establish a new market or fair without permission, in writing, from the
Magistrate of the District.
Penalty
for attempt to establish without License.
If any person shall attempt to
establish a new market or fair without such license he shall, on conviction
by [7][a
Magistrate of the first class], be subject to a fine not exceeding two hundred
rupees, or in default of payment, to simple imprisonment for any period not
exceeding two[8] months.
Section 2 - Person desiring to establish to apply to Magistrate
When any person desires to establish a
new market or fair, he shall make application, in writing, to the Magistrate of
the district.
The application shall specify--
Contents
of application.
the name of the place at which it is
proposed to establish such new market or fair;
the days on which it is to be held;
the name of the place where the nearest
existing market or fair is held; and the days on which it is held;
the distance, in English miles, between
the two places; and the reasons of the applicant for desiring to establish a
new market or fair.
Section 3 - Procedure on application
[9][On receipt of the
application, the Magistrate, subject to the provisions of this section and of
section 5A, may] issue a proclamation stating the desire of the applicant to
establish a market or fair at the place named by him and the days on which it
is proposed to be held and calling upon any person who may have any objection
to the establishment of the market or fair to state his objection, in writing,
within six weeks from the date of the proclamation:
[10][Provided that the
Magistrate instead of issuing a proclamation may, for reasons to be recorded in
writing, dismiss the application summarily.]
Publication
of proclamation
[11][If a proclamation is
issued, it shall be fixed] in a conspicuous place in the village or town in or near
to which it is proposed that the new market or fair shall be held, and a copy
of the same shall be affixed at the police station within the jurisdiction of
which the village or town is situated, and in the Court of the Magistrate.
Notice
to land-owner of neighbouring market
If it shall appear that any existing
market or fair is held within a distance of [12][six
miles] from the place where it is proposed that the new market or fair shall be
established, the Magistrate shall cause a notice, to the effect of the
proclamation to be served upon the owner of the land where such existing market
or fair is held.
The proclamation and notice (if any),
shall be issued and served [13][at
the expense of Government.]
Section 4 - Order permitting establishment
If, within the time specified in the
proclamation and notice (if any). no objection is preferred to the
establishment of the proposed market or fair. the Magistrate of the district
shall pass an order permitting it to be established.
Inquiry
into objection
If within the time specified any
objection is preferred, the Magistrate of the district shall inquire into the
objection, and pass such order as may appear proper under the circumstances of
the case.
Section 5 - Alteration of days on which market to beheld
[14]The Magistrate may,
upon application or otherwise and after such enquiry (if any) as he thinks
necessary, change or add to or reduce the days on which a market of fair is
permitted under section 4 to be held.
Section 5A - Magistrate to consult Director of Agricultural Marketing and Rural Finance or authorised officer before passing orders
No order under section 3, 4, [15][5,
5C or 5D] shall be made by the Magistrate of the District except in
consultation with the Director of Agricultural Marketing and Rural
Finance [16]*
* * referred to in the[17] Bombay
Agricultural Produce Markets Act, 1939 (Bom. XXII of 1939), or any officer
authorised by the Director in this behalf [18][or
in consultation with any other officer specified by the State Government].
Section 5B - Refusal of permission if within 5 miles a market or fair is already established
If there be a market or fair within a
distance of five miles from the place where it is proposed that the new market
or fair shall be established, the Magistrate shall refuse permission to
establish such new market or fair.
Section 5C - Power to close existing market or fair in public interest
[19][The District
Magistrate, on an application made to him under this Act for the closure of an
existing market or fair, if he is satisfied that it is necessary so to do--
(a) for the prevention of
breaches of the peace or serious inconvenience to the frequenters of such
market or fair, or
(b) because of the
vicinity of any place of public religious worship, educational institution,
hostel, hospital, nursing home, or other public place to the market or fair and
the consequent nuisance caused to such public place by the holding of the
market or fair, or
(c) on grounds of public
health, public convenience or safety, or the proper regulation of traffic, may,
by order in writing, direct that, from such date as is stated therein, either
permanently or for a period specified in the order, such market or fair shall
be closed and shall not be held at such place:
Provided that no order shall be made by
the Magistrate, unless he has followed the procedure set out in section 5D.
Section 5D - Procedure for closure of existing market or fair
(1) An application for
the closure of an existing market or fair under the last preceding section
shall specify--
the name of the place at which the
existing market or fair is held; the days on which it is held; the name of the
place in the vicinity where any other market or fair is held or proposed to be
held; the days on which that market or fair is held or is proposed to be held;
the distance in miles between the two places; and the reasons for the closure
of the existing market or fair.
(2) On receipt of such
application, the District Magistrate shall issue a proclamation, stating
therein that an application has been made to him for the closure of an existing
market or fair and the reasons urged therefor, and calling upon all persons who
may be interested in the holding of the market or fair, or who may have any
objection to such closure, to submit their objections in writing to the
Magistrate, within six weeks from the date of the proclamation. The District
Magistrate shall also cause a notice, setting, out the matter contained in the
proclamation, to be served upon the owner of the land upon which the market or
fair to be closed is held, and also upon the owner of such market or fair,
calling upon them to show cause, within six weeks from the date of the notice,
why such market or fair should not be closed:
Provided that the District Magistrate,
instead of issuing a proclamation and notice as aforesaid, may for reasons to
be recorded in writing, dismiss the application summarily.
(3) If a proclamation is
issued, it shall be fixed in a conspicuous place in the village or town in or
near to which the market or fair to be closed is held, and a copy of the same
shall be affixed at the police station within the jurisdiction of which the
village or town is situated.
(4) The proclamation and
notice (if any) shall be issued and served at the expense of Government.
(5) If, within the time
specified in the proclamation and notice, no objection is preferred to the
closure of the market or fair, the District Magistrate may forthwith, and if
within such time any objection is preferred, the District Magistrate shall
enquire into the objection, and, pass such order as may appear proper under the
circumstances of the case.
Section 6 - Appeal
[20][ Every order passed
by a District Magistrate under section 3, 4, 5, 5C or 5D shall, within six
weeks, be open to appeal to such officer as the State Government may specify in
this behalf (hereinafter in this section referred to as "the appellate
authority"). The order made by the District Magistrate, subject to an
appeal to the appellate authority, and the decision of the appellate authority
on appeal, shall be final.]
Section 7 - Penalty for contravening, disobeying, or opposing, order
Every person who shall contravene,
disobey, or oppose any order duly made under this Act, shall be liable to a
fire not exceeding two hundred rupees, or, in default of payment, to
imprisonment [21]*
* * * for any period not exceeding two [22]*
* months.
Section 7A - Delegation
[23][ The District
Magistrate may delegate his powers under this Act to any officer not below the
rank of a Mahalkari in respect of the whole or any part of the area within the
jurisdiction of such office.]
Section 8 - Extent
[24] This Act shall
extend' to the whole of the [25][State
of Maharashtra] except Greater Bombay.]
Section 9 - Interpretation and saving
[26][[27][In
this Act, unless the context otherwise requires,--
(1) "market"]
includes a bazaar, but does not include?
(a) a market belonging
to, maintained, established or regulated by a local authority under any law
relating to local authorities and for the time being in force;
(b) an assemblage of
people collected at, or concerned in, the inauguration of sacred edifices, or
collected at or concerned in, any other religious festival or ceremonies not
forming a part of a fair or market;]
(2) [28][ "a District
Magistrate" or "Magistrate of the District" includes any other
Magistrate, whom the State Government may, in respect of any area, specify in
this behalf.]
Section
10 - Saving of general powers of State Government
Repealed by Bom. XXI of 1954, First
Schedule.
Section 11 - Meaning of "Magistrate"
Repealed by Bom. III of 1886.
[1] The short title was
given by the Bombay Short Titles Act, 1921 (Bom. 2 of 1921)
[2] No Statement of
Objects and Reasons was published. For the Bill, as introduced see Bombay Government
Gazette, 1862, Supplement, p. 49; for Report of the Select Committee see ibid.,
p. 77 and for Proceedings in Council, see ibid., pp. 49, 76 and 95.
[3] This Act has been
re-enacted and the amendments made by section 9 and Schedule E of the said Act
have been continued in force by Bom. 52 of 1947, section 2.
[4] These words were
inserted by Bom. 84 of 1958, section 3.
[5] These words were
substituted for the words "such markets or fairs", ibid., section 4.
[6] The words "After
the passing of this Act" were repealed by the Repealing Act, 1873 (12 of
1873).
[7] These words were
substituted for the words "the Magistrate" by the Bombay General
Clauses Act, 1886 (Bom. 3 of 1886), Schedule B. This Schedule is printed as an
Appendix to the Bombay General Clauses Act, 1904 (Bom. 1 of 1904).
[8] The word
"calendar" was repealed by the Bombay General Clauses Act, 1886 (Bom.
3 of 1886).
[9] These words, figure
and letter were substituted for the words "On receipt of the application,
the Magistrate shall" by. Bom. 6 of 1956, section 2 (1).
[10] This proviso was
inserted, ibid., section 2 (2).
[11] These words were
substituted for the words "The proclamation shall be fixed", ibid.,
section 2 (3).
[12] These words were
substituted for the words "four miles", ibid., section 2 (4).
[13] These words were
substituted for the words "at the expense of the applicant", ibid.,
section 2 (5).
[14] These sections were
inserted, ibid., section 3.
[15] These figures,
letters and word were substituted for the word and figure "or 5" by
Bom. 84 of 1958, section 5 (1).
[16] The words "for
the State of Bombay" were omitted by the Bombay Adaptation of Laws (State
and Concurrent Subjects) Order, 1956.
[17] The Bombay
Agricultural Produce Markets Act, 1939 was repealed by Mah. XX of 1964.
[18] These words were
added by Bom. 84 of 1958, section 5 (2).
[19] Sections 5C and 5D
were inserted by Bom. 84 of 1958, section 6.
[20] This section was
substituted for the original by Bom. 84 of 1954, section 7.
[21] The words "of
either kind" and the word "calendar" were repealed by the Bombay
General Clauses Act, 1886 (Bom. 3 of 1886).
[22] The words "of
either kind" and the word "calendar" were repealed by the Bombay
General Clauses Act, 1886 (Bom. 3 of 1886).
[23] This section was
inserted by Bom. 6 of 1956, section 5.
[24] This section was
substituted for the original by Bom. 84 of 1958, section 8.
[25] These words were
substituted for the words "State of Bombay" by the Maharashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
[26] This section was
inserted by Bom. 6 of 1956, section 6.
[27] These words were
substituted for the words "For the purposes of this Act 'market'," by
Bom. 84 of 1958, section 9(1).
[28] This sub-section was
added, ibid, section 9 (2).