BillNo.11 of 1998

 

THE DELHI AGRICULTURAL PRODUCE MARKETING

(REGULATION) BILL, 1998 *

 

                                A Bill to provide for the better regulation of marketing of agricultural produce  and the establishment of markets for agricultural produce in The National Capital Territory of Delhi and for matters connected therewith or incidental thereto.

 

        Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Forty Ninth Year of the Republic of India as follows:-

 

CHAPTER I

PRELIMINARY

 

Short title,  1(1) This Act may be called The Delhi  extent and Agricultural Produce Marketing  commencement (Regulation) Act, 1998.

 

(ii) It extends to the whole of the National Capital Territory of Delhi.

 

(iii) It shall come into force on such  date as the Government may, by notification, appoint.

 

Definitions 2.(1) In this Act, unless the context

otherwise requires,

 

(a)                "agricultural produce" means all      produce and commodities, whether processed or     unprocessed, of agricultural, horticulture apiculture, viticulture, pisciculture, sericulture, animal husbandry, fleeces and skins of animals and forest products as are

 

* I) Introduced on 28-09-1998

                                                            ii)            Passed on                                30-09-1998

                                                            iii)            Assented on                 21-05-1999

                                                            iv)            Published in the          

                                                                        Gazette on                                02-06-1999 

 

specified in the Schedule and such other produce as may be declared by the Government by notification to be an

agricultural produce and also includes admixture of two or more of such produce;

 

(b) "agriculturist" means a person     residing in Delhi who ordinarily by his own labour or by the labour of any member of his family or who by the labour office tenants or servants or hired labour or otherwise, is engaged in the production

                                     

 

or growth of agricultural produce, which has not been processed, but does not include a trader, commission agent, processor or broker, or a partner in a trading firm, or industrial concern, or in relation to agricultural produce, except where such trader, commission agent, processor or broker or partner is engaged in the production or growth of agricultural produce;

 

(c) "Board" means the Delhi Agricultural Marketing Board constituted under section 5;

 

(d) "broker" means an agent who, in consideration of a commission, fee or remuneration, contrives, makes and concludes a bargain or contracts on behalf of  his principal, for the purchase or sale of agricultural produce, but does not receive, deliver, transport, or pay for the purchase or collect payment for the sale of the notified agricultural produce;

 

(e) "buyer" means a person, firm, company or cooperative society or Government agency or public undertaking or public agency or corporation, or commission agent, who in the course of his or its business himself or itself or on behalf of any person or agent buys or agrees to buy notified agricultural produce in the market area;

 

(f) "bye-laws" means bye-laws made under section 118;

 

(g) "commission agent or Arhtia" means a person, who  by himself or through his servants, in the ordinary course of business, makes or offers to make a purchase or sale of a notified agriculture produce, on behalf of the seller or purchaser of such agricultural produce as the case may be, within the notified  market  yard   or  sub-yard or keeps it in his custody and controls it during the process of its sale or purchase and collects payment thereof from the buyer and pays it to the seller                                   

 

 

and receives by way of remuneration a commission or Arhat or percentage upon the amount involved in each transaction;

 

(h) "Delhi" means the National Capital Territory of Delhi;

 

(i)  "Director" means a person appointed by the Government by notification, as the Director of Agricultural Marketing for Delhi;

 

(j) "Government' means the Lieutenant  Governor;

 

(k) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory  of Delhi appointed by the president under article 239 read with article 239AA of the constitution;

 

(1) "local authority" means, in relation to an area within the local limits of:-

 

(i) The Municipal Corporation of Delhi, that Corporation;

 

 

(ii) the New Delhi Municipal Council, that Council; and

 

                       (iii) the Delhi Cantonment Board, that Board;

 

Explanation- It is hereby clarified that, for the purpose of this Act, the Delhi Development Authority constituted under the Delhi Development  Act, 1957, and the Board and a marketing committee established under this Act, shall be deemed to be local authority;

 

(m) "market"  means a regulated market established   under this Act, for a market area and includes a market of national importance established under section 26 and a principal  market and a subsidiary market established under section 23;           

 

 

(n) "market area" means area declared to be a market area under section 4;

 

(o) "market charges" include charges on account of or in respect of commission, brokerage, weighing, measuring, palledari, loading, unloading, and carrying,  cleaning, drying, sieving, stitching, stacking, hiring, gunny bags stamping, bagging, storing, warehousing, grading, surveying, transporting and processing;

 

(p) "marketing committee" means a committee constituted for a market area under this Act;

 

(q) "marketing" means buying or selling of notified agricultural produce and includes grading, packaging, standardisation, processing, storage, cold storage, warehouse, transport, export, channels of distribution and any other function associated with the buying or selling of such agricultural produce and all activities involved in the flow of agricultural produce from production points commencing with the stage of harvest till these reach the consumer at large;

 

 

(r) "market functionary" means a dealer, broker, commission agent, buyer, palledar, processor, stockiest, cold storage  operator, trader, weighman and such other person as may be declared by notification under the bye-laws to be a market functionary;

 

(s) "marketing service" means Delhi Agricultural Marketing Service constituted under section  75;

 

(t) "notification"  means a notification published in the official Gazette;

 

(u) "notified agricultural produce" means any agricultural produce notified under section 4;

                                  

 (v) "official Gazette" means the Delhi Gazette;

 

(w) "prescribed" means prescribed  by rules made under this Act;

 

(x) "processing" means any one or more of a series  of treatments relating to powdering, crushing, decorticating, husking, parboiling, polishing, ginning, pressing, curing or any other  mannual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to;

 

(y) "processor" means a person who processes any notified agricultural produce on his own accord or on payment of a charge;

 

(z) "retail sale" in relation to any notified agricultural produce, means the sale of that produce, not exceeding such quantity as the marketing committee may, by bye-laws, determine to be a retail sale in respect thereof;

 

(za) "rules" means rules made under this Act;

 

(zb) "schedule" means the schedule to this Act;

 

(zc) "secretary" means a Secretary to the Board, Marketing Committee for market of national importance and other marketing committee and includes Joint, Deputy and Asstt. Secretary appointed as per provisions of this Act and in terms of Service Regulations meant for Delhi Agricultural Marketing Service.

 

(zd) " section" means a section of this Act;

 

(ze) "seller" means a person who, sells or agrees to sell any notified agricultural produce and includes a person who sells on behalf of any other person as his agent or servant or commission agent;         

 

 

(zf) "surveyor" means a person who, on arrival of a consignment of notified agricultural produce for sale in any market area or market, surveys it for ascertaining the quality, refraction, adulteration and other like factors;

 

(zg) "trader" means  a person who, in the normal course, carries out the business of buying or selling, storing or processing of any notified agricultural produce  as a principal or as a duly authorised agent.

 

 

(2) If any question arises as to whether a person is or is not an agriculturist for the purposes of this Act, the matter shall be referred to the Director whose decision thereon shall be final.

 

                                                                               CHAPTER II

 

ESTABLISHMENT OF MARKET AREA

 

Notification 3.(1)The Government may, by  of

intention                    notification, published in the official  

of regulating             Gazette, and in such other manner as may 

marketing                   be prescribed, declare its intention of 

of notified             regulating the marketing of such  agricultural            agricultural produce, and in such area,  produce in                  as may be specified in the notification,  specified                    in accordance with the provisions of this area                             Act;

 

Provided that no such area shall be included in the notification expect after consultation with the Municipal Corporation of Delhi, New Delhi Municipal Council, Delhi Cantonment Board and the Delhi Development Authority, as the case may be.

 

(2)   The notification may also be published in at least two local news papers published in such languages as the Government may from time to time specify by order in this behalf, or in such other manner as, in the opinion of the Government, is best calculated to bring to the notice of persons  in that area, the intention aforesaid.

 

(3)   The notification under sub-section (1) shall state that any objections or suggestions which may be received by the Government, within such period not being less than forty five days, to be specified in the notification, shall be considered by it.

 

Declaration 4.(1)            On the expiry of the period specified in

of market                                    the notification issued under section 3, area and                              and            after considering the objections regulating                   and            suggestions, if any, as may be agricultural                received            before such expiry, and produce                                  holding wherever considered by the                          Government to be necessary, an inquiry                       in the prescribed manner, the Government                     may, by notification, declare an    area                     to be a market area  wherein the                             marketing of agricultural produce                            specified in the notification shall be                       regulated in accordance with the                             provisions of this Act;

 

(2)   A declaration made under sub- section (1) may also be published in at least two newspapers in such languages as the Government may from time to time specify by order, in this behalf or in such other manner as, in the opinion of the Government, is best calculated to bring to the notice of  persons in that area the declaration aforesaid.

  

(3)   On a declaration being made under sub-section (1) no local authority shall, notwithstanding anything contained in any other law for the time being in force, establish, or authorise or allow to be established, or continue, or authorise the continuation of any place in the market area for the marketing of agricultural produce specified in the declaration.

 

(4)   The Government may, in the manner specified in section 3, at any time, exclude any area from a market area, or include therein an additional area, or may declare that the regulation of marketing of any notified agricultural produce in any market area shall cease or that the marketing of any agricultural produce hitherto not regulated shall be regulated in the market area.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                  

 

 

 

 

            

                   

 

CHAPTER III

 

CONSTITUTION AND POWERS OF DELHI AGRICULTURAL

MARKETING BOARD

 

Establishment 5.(1)            The Government shall, for the purposes and                                     of this Act, establish a Board  composition               to be known as "The Delhi Agricultural  of Delhi                           Marketing Board" consisting of a  Agricultural                Chairman, and fifteen members of whom  Marketing                              seven  shall be officials and eight non- Board                                      officials, to be nominated by the                           Government in the following manner,                          namely:-

 

(a) the official members shall be-

 

      (i) the Director who shall be ex- officio Vice-Chairman of the Board;

 

      (ii) two representatives of the Development Department of the Government of whom one shall be from Agriculture wing and the other from cooperative wing;

 

      (iii) one representative from Department of Food, Supplies and Consumer Affairs of the Government not below the rank of Deputy Commissioner;

 

      (iv) one representative each from the Delhi Development Authority and the Municipal  Corporation of Delhi, who shall belong to planning wing of the respective body;

 

      (v) the Agricultural Marketing Adviser to the Government of India or his nominee;

 

(b) the non-official members shall be-

 

      (i) two agriculturists, being members of the market committees;

 

      (ii) two members representing the organisations of agriculturists;

 

      (iii) one member to be elected in the prescribed manner from the traders and commission agents licensed under section 80;

                                   

 

 

      (iv) one member representing the co-operative societies; which are engaged in marketing of agricultural produce; and

 

      (v) two members representing the interests of consumers, of whom one shall be a member of the Legislative Assembly of Delhi.

 

(2)   The Vice-Chairman shall function as the chief executive officer of the Board.

 

Incorporation  6.             The Board shall be a body corporate

of the                           and a local authority with the name  Board                         "The Delhi Agricultural Marketing Board"                     having perpetual succession and a common                     seal, with power, subject to the                            provisions of the Act, to acquire, hold                     and dispose of property, and may by the                     said name, sue and be sued.

 

Term of                     7.             The Chairman, the Vice Chairman and  Chairman                             the official members shall hold office  Vice-Chairman,                     during the pleasure of the Government.  Official                                   Every non-official member shall hold  Members and                  office  for a period of five years but  non- offcial             shall,  on the expiry of the term, be  members                                 eligible for re-nomination provided                         that, notwithstanding the expiry of term                     of office, the non-official member shall                     continue in office until his successor                       has been nominated and has assumed                           office.

 

Disqualifi-              8.  A  person  shall  be  disqualified,  cations                                     for being nominated as  and being, a

for                                           for member of the Board if he-

membership

 

(a) does not ordinarily reside within Delhi;

 

      (b) is below twenty-five years of age;

 

      (c) has been removed from membership of a marketing committee under section 50;

 

      (d)  is of unsound mind and stands so declared  by a competent court; or

 

                                  

 

 

      (e) is an undischarged insolvent;

or

 

      (f)  has been convicted by a criminal court, whether within or outside Delhi, of any offence which, in the opinion of the Government, involves moral turpitude;

 

Provided that the disqualification on the ground of conviction by a criminal court shall not apply after the expiry of five years from the date of his release.

 

Chairman                 9.(1)The Chairman, and in his absence,

to preside                      the Vice-Chairman shall preside over the                               meetings of the Board.

 

(2)  All questions, which come up before a meeting of the board, shall be decided by a majority of the votes cast by the members present and voting. In the case of equality of votes, the Chairman or in his absence, the Vice-Chairman when presiding over the meeting, may exercise a casting vote.

 

Quorum at   10.             Five members shall constitute the Board's                                  quorum at a meeting of the Board;

meetings

provided that, if a meeting is adjourned for want of quorum, no quorum shall be necessary for transacting the same business in the next meeting to be held in accordance with the rules.

 

Resignation 11.(1)  The Chairman of the Board may, by

of Chairman                 writing under his hand addressed to the and Members                   Government and delivered to the                             Director, resign his office.

 

(2) A member may, by writing under his hand, addressed to the Government and delivered to the Chairman of the Board, resign his office.

 

(3) A resignation under sub-section(1) or sub-section(2) shall take effect from the date on which it is accepted by the Government.                                                                    

Pay,allowance12.(1) The Chairman and Vice-Chairman of

and benefits                      the Board shall be entitled to receive to the                                such pay and/or allowances and other Chairman and                  benefits as may be determined by rules Vice-                                made in this behalf. If non-official is Chairman of                         appointed as Chairman of the Board, his the Board                         remuneration and other benefits shall be                     such as may be determined by the                             Government.

 

(2)  The members of the Board shall be entitled to receive such allowances and other benefits for attending the meetings of the Board or for attending any other work, assigned to them by the Board, as may be determined by rules made in this behalf.

 

Removal of             13.             The Government may remove from office   non-official                 any non-official member of the Board who members                                 has become subject to any of the                            disqualifications specified in section 8                     or who, in its opinion, is remiss in the                     discharge of his duties or has ceased to                     represent the interests for which he was                     nominated:

 

Provided that no such member shall be removed from office except after being given a reasonable opportunity  of showing cause against the action proposed.

 

Filling up 14. A Vacancy occurring otherwise than by efflux

of casual              of time in respect of non-official members vacancies                   of the Board shall be filled up, as soon as                 may be, by fresh nomination by the                           Government. The person so nominated shall                    hold  office for the unexpired term of the                   member concerned.

 

Approval of 15.(1)Subject to the rules made under this

budget                         Act, the estimates of the annual income estimates                   and expenditure of the Board in the

of the Board prescribed from for the ensuing year shall be prepared and passed by the Board and submitted every year, not later than the prescribed date, to the Government for its approval.

 

(2) The Government may approve the budget of the Board as it is or with such  alterations or modifications as it may think fit and the budget so approved by the Government shall be the budget of the Board for the year.

(3)  The budget, as approved by the Government, shall be returned to the Board within two months from the date of the receipt thereof and if it is not so  returned within two months, it shall be presumed that the budget, as presented by the Board, has been duly approved by the Government.

 

Vacancies  16. No act or proceeding of  the Board shall be not to               invalid merely by reason of the existence invalidate             of any vacancy  among its members or any Board's                      defect in the constitution thereof.

action

 

Powers and 17.(1) The Board shall exercise superintendence functions of             and control over the marketing committees. the Board

 

(2) The Government or the Chairman or the Vice-Chairman of the Board or any other official of the Board authorised in this behalf by the Board may call for from any marketing committee or any trader, godown keeper or any other functionary operating within the market area any information or return relating to agricultural produce and shall have the power to inspect the records and accounts of such marketing committee, trader, godown-keeper or other functionary and shall also have power to seize or take into possession against proper receipt the records accounts books stocks of notified agricultural produce alongwith its containers and carriers.

 

(3) It may authorise officer/officers of the Board and/ or marketing committees to inspect works undertaken by the marketing committees and Board and to take corrective measures.

 

(4)  Subject to the provisions of this Act and the rules and regulations made thereunder, the Board may employ such persons for the performance of its functions as it may consider necessary and the method of recruitment, the scale of pay and other conditions  of service of such persons shall be such as may be provided in the regulations made by the Board in this behalf.

 

(5) The Board shall, subject to the provisions of this Act, perform the following functions  and shall have the power to do such things as may be necessary or expedient for carrying out these functions, namely:-

 

      (i) Coordination of the working of the marketing committees and other affairs thereof including programmes undertaken by such marketing committees for the maintenance of markets, sub- markets, check posts and other sites in the market areas;

 

      (ii) undertake  the planning and development of markets for agricultural produce;

 

      (iii) administer the market Development Fund;

 

      (iv) issue direction to Marketing Committees in general or to one or more Marketing Committees in particular with a view to ensuring improvement thereof;

 

      (v) any other function specially entrusted to it by this Acr;

 

      (vi) such other functions of like nature as may be entrusted to the Board by the Government.

 

(6)  Without prejudice  to the generality of the foregoing provision, such functions of the Board shall include-

 

      (a) to consider proposals for selection of new site(s) for establishment of the markets and to make recommendations to the Director for establishing principal market and sub- markets as per provision of sub-section (2) of section 22;

                            

      (b) to approve proposal for providing infrastructural facilities in the market and market area;

 

      (c) to construct a market or to approve plans, designs and estimates for constructing markets;

 

      (d) to sanction, supervise and guide a Marketing Committee in the preparation of plans and estimates for maintenance and improvement works undertaken by the Marketing Committee;

 

      (e) to execute all works chargeable to the Market Development Fund;

      (f) to encourage marketing of the agricultural produce on cooperative basis;

 

      (g) to maintain accounts in such forms as may be prescribed  and get the same audited in such manner as may be prescribed;

 

      (h) to publish annually at the close of the financial year, its progress report, balance sheet and statement of assets and liabilities and send copies thereof to all the members of the Board and a copy to the Government;

 

      (i) to make necessary arrangements for dissemination of information on matters relating to regulated marketing of notified agricultural produce;

 

      (j) to provide facilities for the training of officers and members of the staff of the Board as also the Marketing Committees;

 

      (k) to prepare and adopt  its budget for the ensuing year;

 

      (l) to sanction the budget of the Marketing Committees;

 

      (m) to grant subventions or loans to the Marketing Committees for the purposes of this Act on such terms and conditions as the Board may determine;

             

      (n) to arrange or organise seminars or workshops or exhibitions, etc. on subjects related to agricultural marketing;

 

      (o) to perform such other functions as may be of general interest to the Marketing Committees or considered necessary for efficient functioning of the Board or the Marketing Committees.

 

      (p) to transfer or to provide marketing technology and market assistance to the Marketing Committees as and when required.

 

Functions 18.             The Vice-Chairman of the Board shall-

and powers

of the

Vice-Chairman

 

      (i) discharge all functions as chief executive officer of the Board and make appointments and exercise supervision  and control over the officers and members of the staff of the Board and the Marketing Service in matter including those of executive or administrative in nature as laid down in service regulations;

 

      (ii) ensure maintenance  of accounts and records;

 

      (iii) dispose of all questions relating to the service of the employee as per the procedure laid down in the regulations;

 

      (iv) appoint officers and members of the staff of the Board and Marketing Service as per procedure laid down in the regulations;

 

      (v) incur  expenditure from the Market Development Fund on works and other items as per powers delegated to him by the Board;

 

      (vi) in case of emergency, direct the execution or stoppage of any work and perform any function which requires the                             

 

 

sanction of the Board;

 

      (vii) prepare the annual budget of the Board;

 

      (viii) arrange internal audit of the Board;

 

      (ix) discharge any other duties which may be assigned to him by the Board from time to time.

 

      (x) take steps for execution of the decisions of the Board;

 

      (xi) inspect works undertaken by the Marketing Committees and Board and take corrective measures;

 

      (xii) report to the Government such acts of the Marketing Committees or of the Board which are contrary to the provisions of this Act or the rules, regulations or bye-laws made thereunder; and

 

      (xiii)  take such steps as may be deemed necessary for effective discharge of the functions of the Board.

 

Functions of 19. The Secretary of the Board shall-

the Secretary

of the Board

 

 (i) arrange meetings of the Board;

 

 (ii) maintain record of the proceedings of the meetings of the Board in the prescribed manner.

 

(iii) Discharge other functions as may be asigned to him by Vice-Chairman of the Board from time to time.

 

Delegation 20. The Board may, with the previous approval  of Government and by notification, delegate any of its powers  other than the power to make regulations, not inconsistent with the provisions of the Act and rules made thereunder, to its Vice-Chairman and other officers.

 

                

 

 

Powers to  21.            (1) The Board may, with the previous

make                      approval of the Government, make regulations regulations             not inconsistent with this for Act and the for administering rules made thereunder, the administration the affairs             of the affairs of the Board.

of the Board

 

(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:-

 

      (i) the summoning and holding of meetings of the Board, the time and date when such meetings are to be held, the conduct of business at such meetings;

 

      (ii) the powers and duties of the officers and other employees of the Board and the Marketing Committees;

 

      (iii) the salaries and allowances, loans and advances, and other conditions of service of officers and other employees of the Board and of the Marketing Committees;

 

      (iv) the recruitment, qualification

appointment, promotion, scale of pay, leave, leave allowance, acting allowance, loans,  pension, gratuity, annuity, compassionate fund, provident fund, Pension Fund, suspension, dismessal, removal, conduct,departmental punishment, appeals and other conditions of service of the members of the Marketing Service and other staff;

 

      (v) the management of the property of the Marketing Committees and the Board;

 

      (vi) the execution of contracts and assurance of property on behalf of the Board;

 

      (vii) the maintenance of accounts and preparation of balance sheet of the Board;

 

      (viii) the procedure for carrying out the functions of the Board under this Act;

                

 

 

      (ix) any other matter for which provision is to be or may be made in the regulations;

 

Dissolution 22.  The Government shall exercise superintendence and control over the Board 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 persistently making default in the performance of the duties imposed on it by or under this Act or is exceeding or abusing its powers or is guilty of corruption or mismanagement, the Government may by an order published, together with a statement of reasons thereof, in the official Gazette, dissolve the Board till such time as a New Board is constituted, and make such arrangements for the exercise of the functions of the Board as it may think fit.

      Provided that no order of dissolution as aforesaid shall be made except after giving the Board a reasonable opportunity of showing cause against the action proposed.

 

      Provided further that a new Board shall be constituted within a period of six months from the date on which the Board is dissolved.

 

 

 

 

 

 

 

 

                 

 

CHAPTER IV

ESTABLISHMENT OF MARKETS AND ACQUISITION OF LAND

 

Establishment 23. (1) For every market area, there

of markets shall be established one principal market, and there may also be  established one or more subsidiary markets, considered necessary, for the marketing of notified agricultural produce.

(2) The Director shall, as soon as possible after a declaration is made under sub-section(1) of section 4, by notification, establish any place (including any structure, enclosure, open space or locality) in any market area to be the principal market for the marketing of the agricultural produce specified in such notification and may, by the same or other notification, establish in any such place in any market area one or more subsidiary markets for the marketing of such agricultural produce.

 

Acquisition24.            (1) When any land within the market

of land for             area is required for the purposes of this markets                      Act and the Board is unable to acquire

the same by agreement, the Lieutenant Governor, may at the request of the Board, proceed to acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894) and on payment, of the compensation awarded under that Act, by the Board and any other charges incurred by the Lieutenant  Governor, in connection with such acquisition, the land shall vest in the Board or the Market Committee as the case may be:

                       

Provided that once a proposal has been made by the Board, it shall not be withdrawn by it except for reasons which may be recorded by it and approved, by the Lieutenant Governor.

 

(2) The Board shall not, without the previous sanction of the Lieutenant Governor, transfer any land which has been acquired for the Board or Marketing Committee under sub-section (1) or vest in it or use such land for a purpose other than the purpose for which it has been acquired, or is used as the case may be.

                 

 

 

CHAPTER V

 

MARKETS OF NATIONAL IMPORTANCE

 

Definitions25. In this chapter unless the context otherwise                requires,-

 

(a) the expression "market" means "market of national importance" and,

 

(b) the expression "Marketing Committee" means  the "Marketing Committee of a market of national importance".

 

Establishment26.(1) Notwithstanding anything contained in

of markets of                  this            Act, where the Government is national                                 satisfied that on account of the importance                national importance            of marketing of any and Marketing                  commodity, any area, in            it is expedient Committees                to ensure the efficient regulation of thereof                                     the marketing of such commodity in such                                                     area, it may establish :-

 

(a) in such area, special markets, known as "Markets of National Importance" for such commodities; and

 

(b)  independent Marketing Committees known as "Marketing Committees of Markets of National Importance" in relation to such markets, notwithstanding that such area falls within the local limits of the jurisdiction of any other Marketing Committee or committees already functioning in that area.

 

(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 (whether the market influences the price at the national level), declare an area as a special market area known as "Market area of the market of National Importance":

 

Provided that no such market shall be established:-

 

 

                              

 

(a) if it handles less than one lakh tonnes of produce per year;

 

 

(b) if, out of the total produce handled by it, less than thirty percent thereof is received from two or more States or Union Territories; and

 

(c) If the market does not influence the price of the commodity referred to in sub-section (1) at the national  level.

 

Composition  27.Every Marketing Committee constituted under of the                sub-section(1) of section 26 shall consist Marketing            of the following members:-

Committee for Market

of National         (a) three members to be nominated by the Importance                Government from amongst the                                 agriculturists residing in Delhi;

 

(b) three members to be elected in the prescribed manners from amongst the traders and commission agents holding licence in any Marketing Committee in Delhi;

 

Provided that at least two members will be from amongst those traders and Commission Agents who hold a licence from the Marketing Committee constituted under sub-section (1) of section 26;

 

(c) one representative of the Board to be nominated by the Government;

 

(d) the Director or his nominee (ex-officio member);

 

(e) three representatives of other States and union territories to be nominated by the Government, in consultation with the State Government or the Administrator  of the Union Territory as, the case may be,

 

Provided that  the representatives  shall be the   agriculturists of those areas from which the commodity referred to in sub-section (1) of section 26 is received;

                               

 

 

(f) the Secretary of the Marketing Committee (as ex-officio Member- Secretary);

 

(g) one representative of the Agricultural Marketing Adviser  to the Government of India.

 

Chairman and 28. The Marketing Committee shall have a Vice-Chairman            Chairman and Vice-Chairman to be nominated

of the               by the Government from amongst its

Marketing                  members.

Committee

 

Term of                     29. The members shall hold office for a term members                     of five years. However the member being                     nominated as Chairman and Vice- Chairman,                    they shall function as such, during the                      pleasure of the Government.

 

Meetings of 30. The Marketing Committee constituted under

the Marketing sub-section (1) of section 26 shall meet at Committee                  least once in every two calendar  months.

 

Executive         31. (1) There shall be an executive committee committee                   of the market.

and its

composition            (2) The composition of the executive

of the               committee referred to in sub-section (1) Markets

of National             shall be-

Importance

 

(i) the Chairman of the Marketing Committee

 

(ii) two representatives, to be nominated by the Government, of whom one shall be holding a trading licence in the market and other shall be a representative of the agriculturists ;

 

(iii) one representative of the Board to be nominated by the Government;

 

      (iv) the Director or his nominee;

 

(v) one representative of a State or Union Territory from which agricultural produce is imported in Delhi, to be nominated by the Government in consultation with the State Government or the Administrator of the Union Territory, as the case may be;

 

(vi) the Secretary of the Marketing Committee constituted under section 27 who shall act as the Member-Secretary of the Committee.

 

(3) In case of emergency, the executive committee may decide issues requiring approval of the Marketing Committee. However, such decisions shall be approved by the Marketing Committee within forty- five days from the date such decisions are taken. Failure in doing so or in the event of disapproval of such decisions by the marketing committee, such decision shall stand null and void, so however,that any such disapproval shall be without prejudice to the vailidity of anything previously done under that decision:

 

Provided that if the Marketing Committee makes any modifications in such decision, the decision shall have effect only in such modified  form from the date of such modification.

 

Meetings of    32.             The executive  committee shall meet Executive                               as often as necessary but at least once committee                               in a calendar month.

 

Term of                     33.             The members of the executive committee office of                                 shall hold the office during the

members of                 pleasure of the Government.

the Executive

committee

 

Appointment            34. (1) The Secretary of the Marketing

and functions                    Committee shall be appointed by the

of Secretary                   Government from amongst Union Territory of the                                Civil Service  officers atleast with ten Marketing                  years of service.

Committee

(2) subject to the superintendence, control and supervision of the executive committee referred to in section 31, the Secretary shall-

 

                            

 

 

      (i) exercise supervision and control over the officers and members of the staff of the Marketing Committee in matters of administration;

 

      (ii) incur  expenditure from the funds of the Marketing Committee for items of work which have been duly sanctioned;

 

      (iii) in case of emergency, direct the execution or stoppage of any work or performance of any act which requires the sanction of the Board or the Marketing Committee;

 

      (iv) launch prosecution for voilation of provision of this act, rules, regulation or bye-laws made thereof;

 

      (v) issue licences to the functionaries  operating in the market;

 

      (vi) prepare the annual budget of the Marketing Committee;

 

      (vii) summon the meeting of the Marketing Committee and the executive committee and maintenance of records of the proceedings of such meetings;

 

      (viii) inspect, from time to time improvement and maintenance works undertaken by the Marketing Committee and send report of such inspection to the Chairman of the Marketing Committee ;

 

      (ix) report such acts of the Marketing Committee or members of the Marketing Committee including the Chairman and the Vice-Chairman which are contrary to the provisions of this Act, rules, regulations and bye-laws framed thereunder to the Vice-Chairman of the Board who shall further report to the Government.

 

      (x)  take such steps as may be deemed necessary for effective discharge of the functions and decisions of the Market Committee.

 

                              

 

 

CHAPTER VI

 

CONSTITUTION OF THE MARKETING COMMITTEE

 

Constitution            35.            (1)Without prejudice to the provisions of the                  of section 26, there shall be constituted Marketing                  by order to be published in the official Committee                  gazette, by the Government for every market                  area a Marketing Committee and different                     Marketing Committees may be constituted for                  regulating the marketing of  different kinds                 of notified agricultural produce marketed in                 the same market area or any part thereof.

 

(2) every Marketing Committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act.

 

composition 36.(1) Subject to the  provisions of sub-

of the               section (2), the Government may constitute Marketing                  a Marketing Committee  consisting  of the Committee                  following fourteen members;

 

(a) six  persons  to be nominated by the Government who are agriculturists possessing such qualifications as may be prescribed :

 

Provided that one of them shall be a member of the schedule castes or other backward classes;

 

      (b) two  members  to   be elected in the prescribed manner from the traders and commission agents holding licences to operate as such in the market area;

 

      (c)  one member to be nominated by the Government from amongst the President or Chairman of the co-operative societies engaged in the business of processing or marketing of the notified agriculture produce in the market area:

 

      (d) one member to be chosen in the prescribed manner from the local authority within the local limits of whose jurisdiction the principal market in  relation to that Marketing Committee is situated:

 

 

Provided that  a person to whom a licence has been granted under section 80 shall not be eligible for being chosen under this clause;

 

      (e) one member to be elected in the prescribed manner by the licensed weighmen and measurers:

 

      (f) one member of the Legislative Assembly of Delhi to be nominated by the speaker to represent the interest of consumers:

 

      (g) two members to be nominated by the Government of whom one shall represent the interests of consumers:

 

(2)  When a Marketing Committee is constituted for the first time, under this act all the members thereof, including the Chairman and the Vice- Chairman, shall be noiminated by the Government.

 

(3) Every Marketing Committee shall have a Chairman and a Vice-Chairman;

 

(4) Without prejudice to the provisions of sub-section (2) the Chairman and the Vice-Chairman shall be elected by the members of the Marketing Committee.

 

Incorporation            37.             Every Marketing Committee including a

of the                    Marketing Committee for market (s) of Marketing                  National Importance shall be a body corporate Committee                  and a local authority and to                                                          be called by such name as the Government                    may, by notification, specify, shall                         have perpetual succession and a common                       seal, with power, subject to such                            restrictions as are imposed by or under                      this Act, to contract and to acquire,                        hold and dispose of property, both                           movable and immovable, and may by the                        said name sue or be sued.

 

Manner of                  38. The manner of election, preparation election of                  and maintenance of the lists of voters, members of                 qualifications and disqualifications for

the Marketing                  membership and of Chairman and Vice- Committee                              Chairman, the right to vote, making                         deposit and its forfeiture,                                  determination of election  disputes,                         publication of the names of the members                      elected, and or matters ancillary                            thereto  shall be such as may be                             prescribed.

 

Failure to                     39.             If, for any reason, voters of a category

elect members fail to elect a member to a Marketing Committee the Director shall publish a notice in the official Gazette requiring them to elect the requisite number of members within one month from the date of publication of such notice; and on failure to elect the requisite number of members within the aforesaid period, the Government may nominate the requisite number of persons qualified to be elected under this Act, representing that category.

           

Publication            40.             The names of the members of a Marketing of names of member            Committee shall, as soon as             of a            Marketing                  possible, be published in the official  Committee                              Gazette. Upon the publication                                                         of the names of all the                                                               members of a Marketing Committee or upon                     publication of the  names of at least                        nine members of such committee  in  the                      official Gazette, the Marketing                              committee shall be deemed to have been                       duly constituted.

 

Duration               41.             Except as otherwise provided in this

of the   Act, a Marketing Committee shall

Marketing                                continue for three years from the date Committee                              of its constitution under section 40;

 

Provided that the Government may, by notification, published in the official Gazette, extend its duration for such period as it may be deemed fit but not exceeding one year in the aggregate.

 

Creation of             42.(1)The superintendence, direction and Election                                  control of the preparation of the list Fund                                        of voters, and conduct of elections to a                     Marketing Committee and the Board shall                      vest in, the Director.

 

(2) All expenses in connection with the preparation of the list of voters and the conduct of election to a Marketing Committee, and to the Board, as may be sanctioned by Director, shall be defrayed from the Election Fund of Market Fund and Market Development Fund. For this purpose, the Marketing Committee and the Board shall place at the disposal of the Director such Funds in advance which he considers necessary for the discharge of the functions conferred on him by sub- section (1).

 

Election of            43.(1)Within thirty days of the publication

Chairman and                  of the names under section 40, Vice-Chairman                      the first meeting of the Marketing

and procedure                   Committee shall be convened by the

for election Director for the election of the Chairman and Vice-Chairman.

 

(2) Such a meeting shall be presided over by the Director or any person authorised by him in his behalf.

 

(3) The presiding authority shall have the same powers as the Chairman, while presiding over a meeting of the Marketing Committee, but shall not have the right to vote.

 

(4) If, at the election of the Chairman or of the Vice-Chairman, there is an equality of votes, the result of the election shall be decided by lot to be drawn in the presence of the person presiding over the meeting and in such manner as he may determine.

 

(5) In the event of a dispute arising as to the validity of election of the Chairman or the Vice-Chairman, the Director if he is the presiding officer, shall decide the dispute himself, and, in any other case, the person presiding shall refer the dispute to the Director for decision and the decision of the Director, subject to an appeal to the Government, shall be final,  and no suit or other proceeding shall lie in any court in respect of any such decision.

 

(6). If the first meeting referred to in sub-section (1) cannot, for any reason, be held within the said period of thirty days, the Director shall report the fact to the Government stating the reasons for the failure to hold the meeting and shall act according to the directions of Government issued in that behalf.

 

Term of                     44.             The Chairman and Vice-Chairman shall

office of                     notwithstanding the expiry of their term Chairman and             of office,  continue to hold office until Vice-Chairman             their respective successors  enter upon their                offices:

 

 

 

 

Provided that the Chairman, or the Vice-Chairman as the case may be shall vacate his office if he ceases to be a member of the Marketing Committee.

 

Resignaton            45.(1) The Chairman of the marketing

of Chairman                 committee may resign his office by

and Vice-                           writing under his hand, addressed to the Chairman                             Director; and resignation shall take                        effect from the date on which it is                         accepted by the Director.

 

(2) the Vice-Chairman of the marketing committee may resign his office by writing under his hand, addressed to the Chairman; and the resignation shall take effect from the date on which it is accepted by the Chairman.

 

Provided that the resignation from the office of the Chairman or the Vice- Chairman, as the case may be, shall not be deemed to be resignation from membership of the Marketing Committee.

 

Consequences            46.             Subject to the rules made in this

of absence                      be half, the Chairman of a Marketing

of Chairman                 Committee, who absents  himself from without                                     three consecutive meetings of the

leave                           committee,  without leave of the                            Director, shall cease to be the Chairman                     on and from the date on which the third                     such meeting is held.

 

Casual                         47.(1)In the event of a casual vacancy vacancy of                  in the office of the Chairman or the offices of                     Vice-Chairman, the vacancy shall be Chairman and                  filled as soon as possible-

Vice-Chairman

 

                               

 

     (a) by nomination, in the case of a Marketing Committee constituted for the first time; and

 

      (b)  in any other case in the manner provided in section 43;

 

(2) Every Chairman or Vice-Chairman nominated or elected, under this section, to fill a casual vacancy shall hold office for such period as the Chairman or the Vice-Chairman in whose place he is nominated or elected would have held such office if the vacancy had not occurred.

 

 

Refusal to                   48.(1)On nomination or election of the

hand over                             Chairman or Vice-Chairman as the case charge to new                         may be, the outgoing Chairman or Vice- Chairman or                         Chairman shall forthwith hand over Vice-Chairman                      charge of his office to the                                 successor-in-office.

 

(2)  If the outgoing Chairman or Vice- Chairman fails or refuses to hand over the charge of his office, under sub- section(1), the Director or any person authorised by him in this behalf may, by order in writing direct the outgoing Chairman or Vice-Chairman, as the case may be, forthwith to hand over the charge his office together with all records, funds and property of the Marketing Committee, if any, in his possession as such Chairman or Vice-Chairman.

 

(3)  If the outgoing Chairman or Vice- Chairman to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any other person authorised by him in this behalf shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while executing  a decree.

 

Resignation             49.            (1)  A member of a Marketing Committee of members                     may resign his office by writing under and                                   his hand, addressed to the Chairman. The nomination in             resignation shall take effect from the certain                                     date on which it is accepted by the circumstances                      Chairman.

 

 

                              

 

(2)   If at any time  it appears to the Government that any Marketing Committee, by reason of the resignation of all or a majority of the members  thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, the Government may, by notification, nominate persons from the respective category of members to fill the vacancies of the members who have resigned and the persons so nominated shall hold office for the remainder of the term of the Marketing Committee.

 

Removal of                 50. The Government, may on a resolution members on                passed by the Marketing Committee, account of                   supported by not less than seven members mis-conduct               of that committee, remove any member if                     he has been held guilty of neglect or                        misconduct in the discharge of his                           duties  or of any, disgraceful  conduct                      or has become incapable of performing                        his duties as a member or has been                           adjudged insolvent:

 

Provided that no such member shall be removed from office unless he has been given a reasonable opportunity of being heard by the Government.

 

Casual 51. The Chairman of a Marketing Committee

vacancies shall forthwith communicate the occurrence of a casual vacancy to the Director and the vacancy shall be filled, as soon as possible, from the respective category of members in the prescribed manner who shall hold office for the remainder of the term of the Marketing Committee.

     

Provided that where the remainder of the period for which the Marketing Committee would have continued is less than six months, it shall not be necessary to fill the vacancy for that period,  unless the Government directs otherwise.

 

Marketing 52.             A Marketing Committee shall have the

Committee to             power to act, notwithstanding any vacancy

act during              in the membership, or any defect in the vacancy, acts             constitution thereof, and the proceedings

of Marketing             of a marketing committee shall be valid      Committee

not to be             notwithstanding that some person, who was invalidated             not entitled to be a member, had attended,

by                                voted or otherwise taken part in the infirmities             proceedings of any such committee.

 

Procedure at 53. The quorum for a meeting of a

meetings of             Marketing Committee and the procedure to

the Marketing be followed thereat shall be regulated in Committee             accordance with the bye-laws made for the                   purpose by the Marketing Committee.

 

Payment of 54.The Chairman, Vice-Chairman and other allowances             members of the Marketing Committee shall be

to members             paid from the  Marketing Committee's Fund                   such honorarium, sitting  fees, travelling                  allowances and other allowances as may be                   prescribed. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                             

 

CHAPTER-VII

MARKETING COMMITTEES-POWERS AND DUTIES

 

Powers and                  55.(1) Subject to the provisions of this duties of the               Act, it shall be the duty of a Marketing Marketing                              Committee-

Committees

                                                                        (i) to implement the provisions of this Act, and rules, regulations and bye- laws made there under for the market area;

 

                                                                        (ii) to provide such facilities for marketing of notified agricultural produce therein as the Board may, from time to time, direct;

 

                                                                        (iii) to perform other functions as may be required in relation to the superintendence, direction and control of markets, or for regulating and control of markets, or for regulating the market area and for purposes  connected with the matters aforesaid, and, for this purpose, may exercise such powers and perform such duties and discharge such functions as may be provided by or under this Act.

 

(2) Without prejudice to the generality of the foregoing provisions, a Marketing Committee may-

 

                                                                        (a) regulate the entry of the persons and of vehicular traffic into the market;

 

                                                                        (b) supervise the conduct of those who enter the market for transacting business;

 

                                                                        (c) grant, renew, refuse suspend or  cancel licences;

 

                                                                        (d) provide for settling disputes arising out of any kind of transaction connected with the marketing of notified agricultural produce and all matters ancillary thereto;

 

                                                                        (e) prosecute persons for violating the provisions of this Act and to the rules regulations and bye-laws made thereunder;

                             

 

                                                                        (f) maintain and merge the market, including the regulation of admissions to, and conditions for use of, the market;

 

                                                                        (g) regulate the marketing of notified agricultural produce in the market area and the market, and the weighment, delivery of and payment for, such agricultural produce;

 

                                                Explanation-   For the purposes of clause (g), the word 'regulate' shall include-

 

                                                                        (i) making, carrying out, enforcing or cancelling of any contract of sale of a notified agricultural produce;

 

                                                                        (ii) conducting or supervising of a transaction of sale or purchase of a notified agricultural produce in accordance with the procedure laid down under this Act, or rules, regulations and bye-laws made thereunder;

 

                                                                        (iii) specifying any place or spot where a notified agricultural produce shall be stored or displayed for purpose of sale by open auction;

 

                                                                        (iv) fixing the time for holding auction; and

 

                                                                        (v) cancelling an auction if it is not held in the presence of the employees of the marketing committee.

 

                                                                                    (h) arrange for the collection-

 

                                                            (i) of such   notified agricultural produce in the market in which all trade therein is to be carried on exclusively by the Government by or under any law for the time being in force for that purpose, or

 

            (ii) of such other notified agricultural produce in the market as the Government may, from time to time notify in the official Gazette.

 

                                                                        (i) acquire, hold and dispose of any movable or immovable property (including any equipment) necessary  for the purpose of effeciently carrying out its duties;

 

                                                                        (j)  collect, maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce ( including information relating to crop-statistics and market intelligence) as may be required by the Director or the Board;

 

                                                                        (k) take all such steps to prevent adulteration and to promote grading and standardization of such agricultural produce, as may be prescribed;

 

                                                                        (l) enforce the provisions of this Act and of the rules, regulations and bye- laws made thereunder including the conditions of the licences granted, under this Act;

 

                                                                        (m) perform  such other duties as may be prescribed;

 

                                                                        (n) arrange to obtain fitness certificate of health from a veterinary doctor in respect of animals, cattle or birds brought for sale or sold in the market/sub-market;

 

                                                                        (o) disseminate information about the benefits of regulation, the system of transaction, facilities provided in the market yard, etc. through such means as posters, pamphlets, hoarding, cinema slides, film shows, group meetings, etc., or through any other means considered by it more effective or necessary;

 

                                                                        (p) ensure payment in respect of a transaction which takes place in a market to be made on the same day to the seller, and in default thereof to seize the agricultural produce in question alongwith other property of the commission agent or purchaser if no commission agent is involved in the transaction.

 

                             

 

            (q) make arrangement for weighmen and palledars for weighing and transporting of goods in respect of transactions held in the market yard/sub- yard;

 

                                                                        (r) recover the charges in respect of weighmen and palledars and distribute the same to weighmen and palledars if not paid by the purchaser or seller, as the case may be.

 

Inspection            56. All accounts and other registers 

of accounts             maintained by any person in the ordinary

etc. by                         course of his business in respect of any officers of             notified agricultural produce and all

a Marketing document relating to sale and deliveries Committee                  of such agricultural produces in his                        possession and in his office,  establishment,                go down, vessel or vehicle shall be open to                  inspection at all reasonable time by such                   officers and servants of the Marketing                       Committee as may be authorised in this behalf                by it in writing.

 

Seizure of 57.(1) If any officer or servant referred

accounts                     to in section 56 of the marketing committee books, etc.             has reason to suspect that any person has

and                              evaded/  is attempting to evade the payment conducting of             of any market fee or any other charges due search                         from him under this Act, or the rules or thereof                         regulations 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 rules or                   regulation or the bye-laws made thereunder                   in force in the market yard/ area, he may                    for reason to be recorded in writing, seize                  such accounts, registers or documents, stock                 of notified agricultural produce with                        containers and carriers of such person as                    may be necessary and shall issue a receipt                   for the same.  He shall retain them so long                  as may be necessary for prosecution, and no                  longer,

(2)  For purposes of section 56 or sub- section (1), the officer or servant may enter and search any place of business, warehouse, office, establishment, go down, vessel or vehicle where such officer or servant has reason to believe that such person maintains  or for the time being keeps or maintains any accounts, register or documents of his business or keeps stock of notified agricultural produce relating to his business.

(3)  The provisions of sub-section(4) to (8) of section 180 of the Code of Criminal Procedure 1973(2 of 1974) shall, so far as may be, apply to search under sub-section (2)

 

Examination 58.(1)             At any time when so required by any

of contents             officer or servant of a market committee

of vehicles             empowered by it in this behalf, whenever any etc. and                  vehicle, vessel or other conveyance, enters their, seizure or leaves or proposes to enter or leave the                             market  area or the market, the driver of the                vehicle, vessel or other conveyance 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 of the vehicle, vessel or other                     conveyance, the place of destination and full                particulars of the consignee of goods or the                 name and address of the traders or commission                agent.

 

(2)  The officer or servant of the Marketing Committee 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 officers 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. Such seizure shall be reported forthwith by the officer or servant aforesaid to a Magistrate having jurisdiction to try the offence under this Act, and the provisions of section 457, 458 and 459 of the Code of Criminal Procedure, 1973 (2 of 1974)  shall, so far as  may be, apply in relation to the notified agricultural produce seized  as aforesaid as they apply in relation to the property seized by a police officer.

                              

Removal of 59. Any officer or servant of the marketing

encroachment committee or the Board duly empowered by the Chairman of the market committee or Vice-Chairman of Board as the case may be in this behalf shall have power to remove summarily any encroachment in any  space in the market yard and sub-yard and the expenses of such removal shall be paid by the person who has caused the said encroachment  and shall be recovered  in the same manner as arrears of land revenue.

 

Explanation:- For the purposes of this section; encroachment shall also include storing or exposing for sale any kind of agricultural produce at a place in the market yard and sub-yard the use of which is prohibited by the Marketing Committee for purposes of marketing.

 

Appointment 60.A Marketing Committee may constitute one or more

of sub-             sub-committees consisting of such members of committees             the committee as it may think fit and may, delegation of subject to such restrictions and conditions powers                         as may be specified in the regulations,                     delegate to such  sub-committees such of its                 powers or duties as it may think fit;

 

Provided that a sub-committee may, with the approval of the Board or of the officer authorised by the Board in this behalf, co-opt any person who is not member of the Marketing Committee.

 

Power of the 61.(1)            A Marketing Committee duly authorised Marketing                              by the Director by notification Committee to                         published in the official Gazette, for open                                        the purpose, may, by an order published collection                    in the official Gazette and in such centres for                 other manner as it deems fit, for the marketing of               information of the public,  open specified                                collection centres for collecting produce and               thereat the produce specified in such provisions                  order (hereinafter  referred to as the for receipt                         "specified produce).

and payment

by purchaser

(2) If a person wishes to sell any specified produce in a market area, he shall tender all such produce at the    collection centre only established for the purpose under sub-section (1);

 

Provided that any such specified produce may be tendered through a commission agent or any agency specified by order by the Director in this behalf;

 

(3)  The Marketing Committee shall, on the sale of such produce, get  it weighed, measured or counted, as the case may be, forthwith and arrange for the issue of a receipt thereof to the person who has tendered the produce at the collection centre for sale, or, to the commission agent or any agency, as the case may be, and shall also arrange to supply a copy of the receipt to the purchaser.

 

(4) Such receipt shall contain the following particulars, that is to say-

 

                                                (i) name of the collection centre;

 

                                                (ii) name of the tenderer;

 

                                                (iii) name of the purchaser;

 

(iv) name of the commission agent or agency, if any;

 

(v) name of the specified produce, the weight, measure or number   thereof, as the case may be, and the fees paid for weighing, measuring or counting such produce;

 

(vi) grade and variety of specified produce, if any, and the rate;

 

(vii) the amount to be paid to the Marketing Committee by the purchaser or the commission agent, where the sale is through such agent;

 

(viii) the amount to be paid by the tenderer to the commission agent by way of his commission, if any, and such other market charges, as are duly authorised by the Marketing Committee;

 

(ix)  the amount to be paid by the tenderer to a cooprative society under the Delhi Cooprative Societies Act, 1972( 35 of 1972);

 

(x) the amount of advance received by the tenderer, from the purchaser, if any, in respect of the specified produce;

 

(xi) the amount to be actually paid to the tenderer after deducting the amounts, if any, falling  under clause (vii), clause (viii), clause (ix) or clause (x); and

 

(xii) the total amount to be paid by the purchaser in respect of the specified produce purchased by him.

 

(5)  the dues payable to a Marketing  Committees under clause(vii) of sub- section (4) shall consist of fee to be levied and collected  from a purchaser by or under this Act.

 

(6)   The purchaser shall on receiving a copy of the receipt, pay forthwith the amount to be paid by him that is to say the sale value of the produce and the amount of market fee to the commission agent or agency as the case may be in cash, or through cheque or through a bank draft and the amount of the market fee so received,  by commission agent or agency shall be deposited with the Marketing Committee alongwith the sale return. The purchaser shall also pay the amount of commission to the commission agent or agency as per bye-laws of the Marketing Committee. The commission agent  and/ or agency as the case may be shall arrange amount to the tenderer/seller after sale of the produce in cash or through cheque or through bank draft after deductingthe charges as laid down in the bye-laws  of the Marketing Committee.

 

Power to                     62.  Every Marketing Committee shall levy levy and                  and collect such fee (hereinafter referred collect                         to as the "market fee" ) not being in excess market fee             of, or less than, the amount determined by                  the Government by notification published in                 the official Gazette from every purchaser of                 notified agricultural produce sold in a                      market area;

 

Provided that the amount to be determined by the Government shall not be less than one rupee per one hundred rupees of the sale price of the notified agricultural produce.

 

Presumption 63.For purpose of section 62, all notified regarding                    agricultural produce leaving the market or sale of                     market area shall, unless the contrary is agricultural             proved, be presumed to have been sold in the produce                      market or the market area.

 

 

Market fee 64. No market fee shall be levied and collected   to be                    in the same market area again in relation collected                    to the notified agricultural produce in   once only                 respect of which such fee under this Act,                            has already been levied and collected.

 

Collection 65. Where sale or purchase of notified

of market                         agricultural produce in the market is

fee from                made through a commission agent, the

commission             market fee, if not paid to the Marketing

agents                         Committee under sub-section (6) of section                  61, shall be collected from such commission                  agent in the manner hereinafter given,                       namely-

 

(a)                The market fee payable under this Act shall be paid by the commission agent  at such intervals as may be specified by the Marketing  Committee in the bye-laws;

(b) Every commission agent shall furnish periodical return showing receipt of agricultural produce by him and his turn-over to the Marketing Committee on such dates as  may be specified in the bye-laws;

 

(c) Every commission agent shall pay to the Marketing Committee in the manner and at such intervals as specified in the bye-laws the full amount of the market fee due from him under Act, according to the return refer to in the clause (b) and shall furnish the receipt showing payment alongwith such return;

 

Explanation:-  For purposes of this section-

 

(i) "turn-over of the commission agent shall mean the aggregate amount of sale price of the notified agricultural produce during the period to which the return relates, whether actually received or not;

 

(ii) "return" shall mean the return in the form as prescribed in the bye-laws and accompanied by a receipt showing proof of full payment of the market fee according to such return.

 

Assessment of 66(1)            If no return is furnished in respect of market fee                   any period by the specified date, or payable by                 if the Marketing Committee is not commission                satisfied that the return furnished agent and                              by commission agent is correct or payment                                 complete, an officer of the Marketing thereof.                                   Committee specifically authorised by it                     in this behalf (hereinafter referred to                      as the assessing officer) shall proceed                      in such manner, as may be prescribed in                      the bye-laws to assess, to the best of                       his judgement, the amount of market fee                      due from such commission agent:

 

Provided that before  finalising any such assessment, the commission agent concerned will be given a a resonable opportunity of showing cause as to why the assessment should not be finalised.

 

(2)  The amount of the market fee assessed under sub-section (1), less than sum, if any, already paid, shall be paid by the commission agent within  fifteen days from the date of the receipt of the assessment order by him.

 

(3) If any commission agent fails to pay the amount of market fee as required by sub-section (2), he shall, in   addition to market fee due, be liable to pay simple interest on the amount so due at two percent per month from the date immediately following the last date for submission of return under clause(b) of section 65, upto the date of assessment under sub-section (1) and at the rate of three percent per month thereafter till realization.

 

Appeal by   67. (1) Any commission agent aggrieved by commission                any order of the assessing officer under agent against                         section 66 may appeal to the Director, assessment                in the manner prescribed, within thirty

of market                         days of the receipt of such order by the

fee                                           commission agent.

 

(2)  The Director may pass order on an appeal referred to in sub-section (1),-

 

(a) confirming, reducing or enhancing  the assessment; or

 

(b) setting aside the assessment and directing the assessment officer to make a fresh assessment after such further enquiry as maybe directed:

 

Provided that no order enchancing the assessment shall be made unless the appellant has been given a reasonable opportunity of making a representation against such enhancement.

 

Order of     68.             The order made by the Appellate

appellate                     Authority under sub-section (2) of

authority                     section 67 shall be final and binding

is final upon the commission agent and the marketing committee.

 

Liability    69.             (1) Notwithstanding in any context to

to pay                         the contrary, where any firm is liable market fee                   to pay market fee under this Act, the  by a firm,                firm and each of the partner of the firm etc.                                          shall be jointly and severally liable                       for such payment:

 

Provided that where any such partner  retires from the firm, he shall intimate the date of his retirement to the Marketing Committee by a notice in this behalf in writing and shall be liable to pay the market fee remaining unpaid at the time of his retirement and any market  fee due  upto  the date of   his retirement though unassessed on that date:

 

Provided further that if no such intimation is given within fifteen days of the date of his retirement, the liability of the partner shall continue until the date on which such intimation is received by the Marketing Committee.

 

Explanation:-  For the purpose of this section, the expression "firm" includes a company, or a corporation or a public body.

 

(2) Where a trader or a commission agent is a firm or an association of persons or a Hidu Undivided Family and such firm, association or Family has discontinued business:-

 

(a)  the market fee payable under this Act, by such firm, association or Family upto the date of such discontinuance may be assessed as if no such discontinuance had taken place; and

 

(b) any person, who was at the time of such discontinuance a partner of such firm or a member of such association or Family shall, notwithstanding such discontinuance, be liable to pay the market fee assessed whether such market fee has been assessed prior to or after such discontinuance and subject as aforesaid the provisions of this Act shall, so far as may be, apply as if every such person or partner or member was himself a trader or a commission agent.

 

(3)  The provision of sub-section (2) shall so far as may be, apply where the trader or commission agent  being a firm or association of persons is dissolved or where the trader or commission agent being a Hindu Undivided Family has effected partition respecting the business carried on by it and accordingly reference in that sub-section  to "discontinuance" shall be construed as reference to "dissolution" or "partition" as the case may be.

 

Liability to 70.             Where a trader or commission agent

pay market                         dies-

fee in case

of death of                     (a) if the business carried on by the

a trader or                     trader or commission agent is continued a commission                after his death by his legal represen-

agent                                                               tative or by any other person, such legal representative or any such person shall be liable to pay the market fee due from the trader or commission agent under this Act whether such market fee may have been assessed before or after his death but has remained unpaid and the provisions of this act, shall, so far as maybe, apply to such legal representative or other person as if he were the trader or commission agent himself.

 

(b) if the business carried on by the trader or commission agent is discontinued  after his death, his legal representative  shall be liable to pay, out of the estate of the deceased, to the extent  estate is capable of meeting, the amount of the market fee due from the deceased whether  such market fee has been assesses before or after his death but has remained unpaid.

 

Explanation:-  For the purpose of this sub-section "legal representative" has the meaning assigned to it in clause (ii) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908);

 

Intimation   71.              Every trader or commission agent

about change                         shall furnish   to the Marketing

of constitution               Committee the information about the

of a firm etc. change of constitution, discontinuance of the business, dissolution, partition of a firm, company, corporation,  association of persons, etc. or the death of any person connected therewith within fifteen days of the occurrence of any of such event.

 

Power to   72.             (1)  The Marketing Committee may, for obtain                                       the purposes of meeting the expenditure and grant                             on lands, buildings and equipment

loans                                                               required for establishing the market,   obtain a loan from the Government on such terms and conditions as it may determine.

 

(2)  A Marketing Committee may, with the previous approval of the Board, obtain loans from the other marketing committees on such conditions, as may be specified by the Board.

 

(3)  A Marketing Committee shall grant loan to another Marketing Committee, if so directed by the Board, for carrying out the purposes of the Act,

 

Execution of   73.            (1)  Every contract entered into by a contract                                 Marketing Committee shall be in writing                     and shall be signed on its behalf by the                     Secretary.

 

(2)  No contract, other than a contract executed as provided in sub-section (1) shall be binding on the Marketing Committee:

 

Certain      74.            (1)  If any dispute arises between an disputes                                  Inspector appointed under the Standards regarding                    of weights and Measures (Enforcement) construction             Act, 1985 (54 of 1985) and any person

of rules, etc,             interested, as to the meaning of

about weights                      construction of any rule made under the and measures                   Act or as to the method of verifying,

to be decided                      reverifying, adjusting or stamping any by the                         weight or measure or weighing or Controller                   measuring instrument, in any market

of weights                      area, such dispute may, at the request and measures                   of the person interested or of the                          Inspector be referred to the Controller                     appointed under the Act, and the                            decision of the Controller shall,                           subject to the provisions of sub-section                    (2), be final.

 

(2)  An appeal shall lie, within such time and in such manner as may be prescribed, against the decision/order under sub-section (1) to the Lieutenant Governor or such officer as he may, by order, appoint in this behalf and the decision of the Lieutenant Governor or such officer, as the case be, shall be final.

 

 

                           

 

CHAPTER-VIII

 

OFFICERS AND SERVANTS OF BOARD AND

MARKETING COMMITTEES

 

Constitution   75.            (1) There shall be service function

of Marketing                  wise/ branch wise to be called the Service                                  "Delhi Agricultural Marketing Service"                      (hereinafter referred to as "the                             Marketing Service")  common to all the                      Marketing Committees and the Board for                      the purpose of providing officers or                        staff of all ranks as may be necessary                      for the performance of their respective                      function.

 

(2)  Every officer and other employee serving the Board or a Marketing Committee, prior to the constitution of the Marketing Service, shall continue to hold office by the same tenure and on the same remuneration and on the same terms and condition of service as he is holding on the date of commencement of this Act, except where such tenure, remuneration and terms and conditions are altered by the Board, with the prior approval of the Government:

 

Provided that the tenure, remuneration and terms and condition of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the Government.

 

Power of the 76.            (1) The Board may make regulations to Board to                                 provide for any one or more of the

make                                  following matters, namely:-

regulations

about                              (a) the tenure of office, salaries, and conditions                  allowances, provident fund, pension,

of service                         gratuities, leave of absence and other                      conditions of service of officers and                       employees appointed in the Marketing                        Service and other staff.

 

(b) the qualification of candidates for various posts and the manner of selection for appointment thereto.

 

(c) the procedure to be followed in imposing any penalty, suspension, the authority to whom an appeal shall lie,

                             

 

(d) any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Board or under a Market Committee and any other matter for which, in the opinion of the Board, provision should be made by regulation.

 

(2)  No regulation under sub-section(1) shall be made except with the prior approval of the Government.

 

Liability   77.              A member of the Marketing Service

for transfer                       shall be liable to be transferred  to                       the Board or to any Marketing Committee                                 or from one committee to another                            committee or any staff member from the                       office of Board to any market committee                                 or any Marketing Committee to the Board                     against the comparable post by the                           Vice-Chairman of the Board as laid down                      in the regulations.

 

Functions                  78.            (1) Every Marketing Committee (except

of Secretary                   the Marketing Committee of national

of the                               importance) shall have a Secretary to be Marketing                              appointed by the Vice-Chairman of the Committee                              Board to the extent of fifty percent of                     the post from amongst  the panel                             provided by the Government, of the Union                     Territory  Civil Service officers with                       at least five years of service and fifty                     percent of the post shall be filled up                       by promotion from amongst the officers                       of the feeder cadre, that is to say, the                     officer belonging to the Marketing                           Service after having qualified  in a                         departmental examination to be conducted                     by the Directorate  of Union Territory                       Civil Service, Delhi in consultation                         with the Director. All other posts in                        the Marketing Service of the rank of                         Deputy Secretary in the existing pay                         scale of Rs. 6500-10500 and above, shall                     be filled in by promotion from the                           officers who qualify the aforesaid                           departmental examination.

 

(2)  The Secretary shall be the executive officer of the committee and the custodian of all the records and properties of the marketing committee and shall exercise and perform the following powers and duties, in addition to such other duties as may be imposed on him by this Act, the rules or bye-laws made thereunder, namely:-

 

(i) to convene meetings of the marketing committee or its sub-committees, if any, and maintain minutes of the proceedings thereof;

 

(ii) to attend the meetings of the marketing committee or its sub- committees, and take part in the discussions but shall not move any resolution or vote at any such meetings;

 

(iii) to take action to implement the resolution of the committee and of the sub-committee and report progress in implementing such resolutions to the committee or the sub-committee, as the case may be, as soon as possible;

 

      (iv) to prepare a statement of estimated receipts and expenditure of the marketing committee for each financial year;

 

      (v)  to furnish to the Government, Director, marketing committee and the Board such returns, statements, estimates, statistics, and reports as may be required or called by them from time to time including reports-

 

      (a) regarding the fines and penalties levied or any other   action taken against the  market functionaries and others;

 

      (b) regarding contravention of the provision of the Act, the rules, the regulations, the bye-laws or the standing orders by any person;

 

      (c) regarding suspension or cancellation of licences;

 

      (d) regarding administration of the marketing committee and regulation of the marketing;

                              

 

 

      (vi) to produce before the committee or the sub-committee, as the case may be, such documents, books, registers, and the like, as may be

necessary for the transaction of the business of the committee or the sub- committee, and also whenever called upon by the market committee so to do;

 

      (vii)  to exercise supervision and control over the act of all officers and servants of the committee;

 

      (viii)  to collect fee and other moneys leviable by or due to the market committee;

 

      (ix) to be responsible for all moneys credited to or received on behalf of the marketing committee;

 

      (x) to make disbursement of all moneys lawfully payable by themarketing committee;

 

      (xi) to report to the Government, the Director, the Board, and the Vice- Chairman of the Board as soon as possible, any fraud, embezzlement, theft or loss of marketing committee fund or property;

 

      (xii) to prefer complaints in respect      of   prosecutions to be launched  on behalf of the marketing committee and to process proceedings, civil or criminal, on behalf of the marketing committee.

 

 

 

 

 

 

 

 

 

 

 

 

 

                             

 

 

 

 

 

 

 

 

 

 

CHAPTER- IX

 

MARKETING OF AGRICULTURAL PRODUCE

 

Regulation of            79.            (1) Subject to the provisions of this marketing of               section and of the rules providing for agricultural                regulating the marketing of agricultural produce                      produce in any place in the market area,                     no person shall, on or after the date on                     which an area is declared under sub-                        section(1) of section 4 to be a market                      area, without, or otherwise than in                         conformity  with the terms and                              conditions of, a licence granted by-

 

(a)  The Director, where a market committee is not functioning; or,

 

(b)  by the marketing committee in any other case;

 

      (i) use any place in the market area for the marketing of the agricultural produce spacified in the said declaration; or

 

      (ii) operate in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman or in any other capacity in relation to the marketing of such agricultural produce.

 

(2) Nothing in sub-section (1) shallapply to the retail sale by an agriculturist of his own produce.

 

(3) All commodities of notified agricultural produce brought into the market area for marketing shall be brought into a market specified for such produce and shall not, subject to the provisions of the bye-laws, be sold at any other place outside such market. All transactions/sales in the notified principal yard and sub-yard shall be through open auction only.

 

Grant of                     80.            (1)            Subject to rules made in this licence                                     behalf, a marketing committee may, after                     making such inquiries as it deems fit,                      grant or renew a licence for the use of                     any place in the market yard/area for                       the  marketing of agricultural produce                      or for operating therein as a trader,                       commission agent, broker, processor,                        weighman, measurer, surveyor,                               warehouseman or in any other capacity in                     relation to the marketing of                                agricultural produce or may, after                          recording reasons in writing, refuse to                     grant or renew any such licence:

 

Provided that where a marketing committee has not started functioning, the Director, subject to any rules that may be made in this behalf, may grant or renew  a licence for the marketing of agricultural produce or for operating in the market yard/area as a trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman or any other capacity.

 

                                                (2) A licence granted under sub-section                                                       (1),

 

(a) shall be in such Form, valid for such period, and subject to such terms, conditions, restrictions and limitations as may be prescribed;

 

      (ii) places at which weighment and delivery of agricultural produce shall be made in any market or market area  and on payment of such fees as may be prescribed.

 

(3)  If the marketing committee  or the Director,as the case may be, fails to grant or renew a licence within a period of sixty days from the date of receipt of an application in that behalf, it shall be deemed that the licence has been granted or renewed, as the case may be, if such grant or renewal has not been refused by marketing committee or the Director, as the case may be, within the said period of sixty days.

 

Power to             81.            (1)  Subject to the provisions of sub-

cancel or                     section (3), a marketing committee may, suspend                                  for reasons to be recorded in writing, licence.                                   suspend or cancel a licence granted or                      renewed under this Chapter,-

 

(a) if the licence had been obtained through willful misrepresentation or fraud;

 

      (b)  if the holder of the licence or any servant or any person acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence and/or holder of licence makes violation of the provisions of the Act, rules and bye-laws made thereunder;

 

      (c) if the holder of the licence  in combination with other holders of licence commits any act or refrains from carrying out his normal business in the market with the intention of wilfully obstructing, suspending or stopping the marketing of agricultural produce in the market yard and/ or area;

 

      (d)  if the holder of the licence has been adjudged an insolvent, and has not obtained his discharge; or

 

      (e) if the holder of the licence is convicted of any offence under this Act.

 

(2) Notwithstanding anything contained in sub-section (1) but subject to the provisions of sub-section (3), the Dirctor may, for reasons to be recorded in writing, by order, suspend or cancel any licence granted or renewed under this Chapter.

 

(3)  No licence shall be suspended or cancelled under this section, unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

 

Appeal            82.(1)              Any person aggrieved by the order-

 

(a)  of a marketing committee, refusing to grant or renew a licence, or cancelling or suspending any licence,,may prefer an appeal within thirty days to the Vice-Chairman of the Board.

                         

      (b) of the Director refusing to grant or renew a licence or cancelling or suspending any licence may prefer  an appeal to the Secretary Agricultural Marketing Department of the Government    within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed.

 

(2)  The Vice-Chairman of the Board or, the Secretary, Agricultural Marketing Department of the Government, as the case may be, on such appeal, make such order as he may deem just and proper:

 

      Provided that, before dismissing an appeal, the Vice-Chairman of the Board or the Secretary, Agricultural Marketing Department of the Government, as the case may be, shall give the appellant a reasonable opportunity of being heard, and record in writing the reasons  for such dismissal.      

 

Provision                    83.            (1) For the purpose of settling

for                                  disputes  between buyers and sellers of settlement                agricultural produce or their agents

of dispute including any dispute regarding quality or weight or payment, or any matter in relation to the regulation of marketing of agricultural produce in the market area, the marketing committee constituted for that market area may appoint arbitrators or constitute, from amongst its members, a sub-committee.

 

(2) The method of appointment of arbitrators, the constitution and functions of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes, and other incidental matters shall be such as may be prescribed.

 

(3) Any party, aggrieved by the decision of the arbitrator or the sub-committee, as the case be, may prefer an appeal from such decision to the Board within such time and in such manner as may be prescribed.

 

 

 

CHAPTER-X

 

MARKET DEVELOPMENT FUND AND MARKET FUND

AND AUDIT THEREOF

 

Constitution            84.            (1) All moneys received by the Board

of market                         shall be credited into a fund to be Development              called the Market Development Fund.

Fund

 

(2)  No expenditure from the Market Development Fund shall be defrayed unless it is sanctioned by the competent authority. The Market Development Fund shall be operated in the manner as may be prescribed in the rules.

 

Explanation:- For the purpose of this sub-section ‘competent authority’  shall be mean the Board,  or Vice-Chairman or any other officer  of the Board to whom the powers of the Board to incure expenditure have been delegated, as the case may be.

 

(3) The amount standing to the credit of the Market Development Fund shall be kept or invested  in such manner as may be prescribed.

 

Application            85.            (1) The Market Development Fund shall

of market                         be utilised by the Board for discharge Development             of functions entrusted  to it under this Fund                            Act.

 

(2)  Without prejudice to the generality of sub-section (1), Market Development Fund may be utilised for the following purposes, namely:-

 

(i) better marketing of agricultural produce;

 

(ii) collection and dissemination of market rates  and news and other information relating to marketing of agricultural produce;

 

(iii) grading and standardisation  of agricultural produce;

 

(iv)improvement works in the markets  and their respective areas;

 

      (v)acquisition of land for construction of office building, guest houses, staff quarters, training centres, and maintenance thereof;

 

      (vi)   acquisition of land for developing  market for   Marketing Committees and development thereof;

 

      (vii)  giving aid to financially weak marketing committee in the shape  of grant or aid or both;

 

    (viii) payment of salary, allowances, gratuity, pension, compensatory allowances, compensation for injury or death resulting from accidents while on duty;

 

      (ix) payment of other dues to staff such as leave encashment on retirement or yearly  basis,  medical    aid as may be laid down in the service regulations;

 

      (x) payment of provident fund, leave salary and pension contribution to government servant on deputation or other dues, payment of actual  reimbursement in case of hospitalisation in authorised hospitals as laid down in service regulations;

 

      (xi)  payment of travelling and other allowances to the Chairman, Vice- Chairman, members and employees of the Board;

 

     (xii)  meeting of any legal expenses by the Board;

 

      (xiii)  construction of godowns, if required by the marketing committee/ marketing committees;

 

      (xiv) expenses incurred in auditing the accounts of the Board;

 

      (xv)  organising or arranging workshops, seminars, exhibitions,  training programmes etc. on development of agricultural marketing including participation therein;                               

      (xvi) imparting education in agricultural marketing to staff;

 

      (xvii)  execution of any other function/work assigned to the Board under this Act or as directed by the Government.

 

Accounts to            86.             The accounts of all receipts and

be kept                             expenditure of the Board and of each                        marketing committee shall be kept in                        such manner and in such  Form as may be                     prescribed by regulation.   

 

Audit of       87.            (1)  The account of the Board and the Accounts.                              marketing committee shall be audited by                     a person or persons authorised by the                       Director.

 

Explanation:-  The audit for any year under sub-section                (1) shall include-

 

(a) examination and verification of cash balance and other securities;

 

(b) valuation of the Asset  and Liabilities;

 

(c) investigations into and verification of the circumstances and reasons for the variation between the budget estimates and actual expenditure;

 

(d) audit of the work accounts;

 

(e) physical verification of stores and stocks.

 

(2) The person auditing the accounts of the Board or of a marketing committee shall have free access to all the books of accounts and to all papers, vouchers, stocks and property and other records and correspondence relating to accounts of the Board or of the marketing committee, as the case may be, who shall be allowed  to verify the   cash balance and physical check  of such property.

 

(3) The  Vice-Chairman or any other officer of the Board or the Marketing Committee, as the case may be, shall furnish to the person auditing the accounts all such information as to any transaction and working of the Board or the Marketing Committee as the case may be, as such person may require.

 

 

(4) The audit fee, as may be determined by the Director, shall be paid by the Board or the Marketing Committee, as the case may be, in the manner specified by him in writing.

 

Constitution            88.            (1) All fees and other moneys received

of Market                                   by a Marketing Committee under this Act, Fund, its                                all sums realised by way of penalty custody and               (otherwise than by way of fine in a investment                criminal case), all loans raised by the                      committee, and all grants, loans or                          contributions made by the Government to                      the committee, shall form part of a fund                      to be called the `Market Fund'.

 

(2)  Any money received by the marketing committee by way of arbitration fee or as security for costs in arbitration proceedings relating to disputes or any money received by the committee by way of security deposit contribution to provident fund or for payment in respect of any notified agricultural produce, or charges payable to weighman, palledar and other functionaries and such other moneys received by marketing committee as may be provided in the ruls or bye-laws shall not from part of the "Market Fund" and shall be kept in such manner as may be prescribed.

 

Application  89.            (1)Subject to the provisions of

of Markets                     section 88, the Market Fund may be

 

 

Fund                                                                expended for the following purposes only, namely:-

 

(i) the acquisition of a site or sites for the market yard;

     

(ii) the establishment, maintenance and improvement of the market yards;

 

      (iii) the construction and repair of buildings necesary for the purposes of the market and for convenience or safety of the pesons using the market yard;

 

                                

 

      (iv) the maintenance of standard weights and measures;

 

      (v) the meeting of establishment charges including payment and contribution of provident fund, pension, gratuity, leave encashment on retirment or yearly basis, actual reimbursement of hospitalisation expenses in the authorised hospitals or other items as may be laid down in the regulations/rules;

 

      (vi) loans and advances to the employees of the committee;

 

      (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 such loans;

 

      (viii)  the collection and dissemination or information relating to crop statistics and marketing of agricultural produce;

 

      (ix) expenses incurred in auditing the accounts of the marketing committee;

 

      (x) payment of honorarium to Chairman travelling allowances of Chairman, Vice-Chairman and other members of the Marketing Committee and sitting fees payables to a member for attending the meeting;

 

      (xi) contribution to the Board as prescribed and Consolidated  Fund of the National Cpital Territory of Delhi to the extent required for salary of the employees of the Government as provided in clause (b) of sub-section (2) and sub- section (3) of this section;

 

      (xii) contribution to any scheme for development of agricultural marketing including transport and scientific storage;

 

      (xiii) to provide facilities like grading services and communication to agriculturists in the market area;

 

                               

 

      (xiv) to provide for development of agricultural produce in the market area;

 

      (xv) payment of expenses on elections under this Act;

 

      (xvi) incurring  of all expenses for research, extension and training in marketing of agricultural produce;

 

      (xvii) prevention, in conjuction with other agencies, State, Union Territory, Central and others in relation to distrees sale of agricultural produce;

 

      (xviii) fostering co-operative marketing and assisting co-operative marketing societies  in the procurement and organization of profitable disposal of produce particularly the produce belonging to small and marginal farmers;

 

      (xix) acquisition of land for construction of office building, guest house for farmers and visitors and staff quarters and maintenance thereof; hiring built up accommodation for office use, guest house or for other purpose of agricultural marketing;

 

      (xx)  any other purpose connected with the marketing of agricultural produce under this Act whereon the expenditure of the marketing committee fund is in the public interest subject to the prior sanction of the Board.

 

      (xxi) contribution to centralized pension fund of the Board as may be prescribed.

 

(2) Without prejudice to the generality of sub-section(1), every marketing committee shall, out of the "Market Fund" pay-

 

      (a) to the Board, as contribution, such percentage of its income derived from the licence fee, market fee, fines received as specified below, to enable the Board to defray its expenses on office establishment and other expenses incurred by it in the interest of the                              

 

marketing committee generally,-

 

      (i) if the annual income of a marketing committee does not exceed ten thousand  rupees, ten percent.

 

      (ii) if the annual income of a marketing committee exceeds ten thousand rupees but does not exceed fifteen thousand rupees, on the first Rs. 10.000 ten pecent.

 

      on the next five thousand rupees or part thereof.... fifteen percent.

 

      (iii) if the annual income of a marketing committee exceeds fifteen thousand rupees, on the first

 

Rs. 10,00               .. Ten percent

on the next Rs.5,000    .. Fifteen percent

on the remaining  income.. Twenty percent

 

      (b) to the Government, the cost of any special or additional staff employed by the Government, in consultation with the marketing committee, for giving effect to the provisions of this Act in the market area.

 

(3)  The Government shall determine the cost of the special or additional staff referred to in clause (b) of sub-section (2) and shall, where the staff is employees for the purposes of more than one marketing committee, apportion such cost among the marketing committees  concerned in such manner as it thinks fit and the decision of the Government determining the amount payable by any marketing committee shall be final.

 

Market Fund            90.       All moneys payable to the credit of

to be kept                 the Market Fund and all other moneys

in bank received by a marketing committee shall be kept in a bank or banks as may be approved by special or general order issued by the Director.

 

 

 

 

 

                             

 

CHAPTER -XI

 

BUDGET AND ACCOUNTS

 

Budget and                  91.            (1)Every marketing committee shall

Account of a             prepare and pass the budget of its Marketing                              income and expenditure for the ensuing Committee                              year in the prescribed Form and shall                        submit it to the Board for sanction                                     before the prescribed date. The Board                       shall sanction the budget with or                             without modification within three                            months from the  date of receipt                             thereof. If the budget is not returned                       by the Board within three months, it                         shall be persumed to have been                               sanctioned.

 

(2) No expenditure shall be incurred on any items if there is no provision in the sanctioned budget thereof, unless it can be met by reappropriation from saving under any other Head and has sanction  for re-appropriation of the Vice-Chairman of the Board.

 

Revised or   92.             A marketing committee may at any time supplementary                      during the year for which a budget has budget                                     been sanctioned, cause a revised or                         supplementary budget to be prepared,                         passed and sanctioned in the same manner                     as if it were the original budget.

 

Power to    93.            (1) The marketing committee shall

execute work                         issue order for execution of work as may                     be prescribed in the regulations or its                      bye-laws  relating to delegation of                          powers and duties.

 

(2) The Board, while according the sanction referred to in sub-section(1), for execution of any development, maintenance or improvement work, may, at its discretion, direct that the execution of work shall be entrusted to a Department of the Government or to the Board or to marketing committee itself or to any other agency authorised by the Board.

 

Accounts to   94.             Every marketing committee shall keep

be kept a true and correct account of all its receipts and expenditure in such manner and in such Form as may be prescribed.

                                

 

Preparation 95.            (1) At the end of every year, a

of Balance                      marketing committee shall draw up its sheet and                              final accounts of receipts and administrative                      expenditure and a balance sheet of its report                         assets and liabilities and prepare an                       annual administrative report in such                         manner and in such Form as may be                            prescribed.

 

(2) Copies of accounts, balance sheet and administrative report referred to in sub- section (1) shall be submitted to the Board and the Director by such time as may be prescribed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               CHAPTER-XII

 

                 CONTROL

 

Power of                     96. The Director, or any officer authorised the Director                     by him, may-

 

      (a) inspect or cause to be inspected the accounts and offices of a marketing committee;

 

      (b) hold  enquiry into the affairs of a marketing committee;

 

      (c) call from a marketing committee any return, statement, accounts or reports which he may think fit;

 

      (d) require a marketing committee to take into consideration-

 

      (i) any objection on the ground of illegality, inexpediency or impropriety which appears to him to exist with regard to the doing of anything which is about to be done or is being done by or on behalf of such committee;

 

      (ii) any information which he is able to furnish and which appears to him to necessities the doing of a certain thing by such committee;

 

      (e) direct that anything which is about to be done or is being done should not be done, pending consideration of the reply given by the committee;

 

      (f) direct that anything which in his opinion should be done but is not being done may be done within such time as he may direct. 

Duty of     97. (1) When the accounts and offices of a officers,                     marketing committee are being inspected, servants and             or the affairs of such a committee are members of                 being inquired into under section 96 of marketing                   the proceedings of such committee are committee                   being examined under section 99, all

to furnish                         officers, servants and members of such a information                committee shall furnish such information to Director                     in their possession with regard to the or, authorized             accounts and offices or affairs or

officer proceedings of such a committee as the Director, or the officer authorised by him, may require.

 

(2) The Director or any officer inspecting accounts and offices or inquiring into the affairs of the Marketing Committee under section96 or examining  the proceedings of such a committee under section 99 shall, for the purposes of such inspection, inquiry or examination, have the same powers as are vested in Civil Court under the code of Civil Procedure 1908 ( 5 of 1908), while trying a suit in respect of the following matters, namely:-

 

      (a) the summoning and enforcing the attendance of any officer, servant or member of the Marketing Committee and examining him on oath;

 

      (b) the discovery and production by any officer, servant  or member of the marketing committee of any document or other material object producible as evidence; and

 

      (c) the receiving  of evidence on affidavits.

 

(3)  The Director or any officer authorised by him exercising the powers conferred by sub-section (2) (2 of 1974) shall be deemed to be a Civil Court for  the purposes of section 195 and chapter XXVI of the Code of Criminal Procedure, 1973.

 

Seizure of    98.             Where the Director has reasons to account books             believe that the books and records of a and other               Marketing Committee are likely to be documents.                tampered with or destroyed or the funds                     or property of the Marketing Committee                      are likely to be misappropriated or                         misapplied, the Director may issue an                       order directing a person duly authorised                     by him in writing, to seize and take                        possession of such books and records,                       funds and property of a Marketing                           Committee, and the officer or officers                      of the Marketing Committee responsible                      for the custody  of such books records,                     funds and property, shall give delivery                     thereof to the person so authorised.

 

 

Powers of    99.             The Director, may, at any time, call

the Director                     for and examine the proceedings of any to call for                         Marketing Committee for the purpose of proceedings               satisfying himself as to the legality or of marketing                   propriety of any decision or order committees                 passed by the Marketing Committee under and to pass                 this Act, and if, in any case, it

order thereon                 appears to the Director  that any                           decision or order or proceedings so                         called for should be modified, annulled                     or reversed, the Director may pass such                     orders thereon as he thinks fit.

 

Control by   100.            Powers exercisable by the Director

the Board             under section  98 shall also be                             exercised by the Board or an officer                        authorised by it and reference to the                       Director in  this section  shall be                         construed  to be a reference  to the                        Board.

 

Amalgamation 101.            (1) Where the Government is satisfied

or division                      that for securing efficient regulation of marketing                   of marketing of agricultural produce in committees                 a market area, it is necessary that two                     or more Marketing Committee therein                         should be amalgamated or any Marketing                      Committee therein should be divided into                     two or more market committees, it may,                      after  consulting the Marketing                             Committee of the Marketing Committees,                      as the case may be, and the Board, by                       notification, provide for the                               amalgamation of such Marketing Committee                     or division of the Marketing Committee                      into two or more Marketing Committees                       for the market area in respect of the                       agricultural produce specified in the                       notification. The notification shall                        also provide for the 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 or division, as the                       case may be.

                              

(2)  Where more than one Marketing Committee are established in any market area under sub-section (1), the Government may, notwithstanding anything to the contrary contained in this Act, issue general or  special directions as

to which of the Marketing Committees shall exercise the powers, perform the duties and discharge the functions of a Marketing Committee under this Act, in respect of matters in which they are jointly interested.

 

(3)  Where any direction is issued under sub-section (2), the cost incurred by a Marketing Committee in pursuance of the direction shall be shared by the other Marketing Committee concerned in such proportion as may be agreed upon, or in default of agreement, as may be determined by the Government or such officer, as the case may be, shall be final.

 

      (d) all the assets of the committee shall vest in the Government and the Government shall be liable  for all legally enforceable liabilities of the committee, subsisting on the date of supersession, to the extent of the said assests.

 

 

 

 

 

 

 

 

CHAPTER-XIII

 

SUPERSESSION

 

Supersession 102.            (1)If, in the opinion of the

of Marketing                  Government a Marketing Committee is not Committee                  competent to  perform, or persistently                      makes default in performing the duties                      imposed on it by or under this Act, or                      exceeds or abuses its power or willfully                     disregards any instructions issued by                       the Government or any officer duly                          authorised by it in this behalf, the                        Government may, for reasons to be                           recorded by it in writing, and after                        giving the committee an opportunity of                      tendering an explanation, by                                notification, supersede, such Marketing                     Committee.

 

(2)  Upon publication of a notification under sub-section(1) superseding a Marketing Committee, the following consequences shall ensue-

 

   (a) all members of the Marketing Committee including its Chairman and Vice-Chairman shall, from the date of publication of the notification, be deemed to have vacated their respective offices;

 

   (b) the Government shall direct the steps to be taken for constitution of a new Marketing Committee under section 36, before the expiration of six months from the date of its supersession:

 

   Provided that the Government may extend this period of six months, from time to time, subject to the condition that the aggregate period does not exceed one year;

 

   (c) the Government may direct that all the functions, powers and duties of the committee and its Chairman under this Act, shall be performed, exercised and discharged  by such person or authority as the Government may appoint in this behalf and such person or authority shall be deemed to be committee or Chairman, as the case may be. In case of markets of                              

 

 

 

 

national importance such person/authority so appointed by the Government shall be an officer from the Indian Administrative Service with ten years of service, or an officer from the Union Territory Civil Service with fifteen years of service;

 

 

   (d) all the assets of the committee shall vest in the Government and the Government shall be liable for all legally enforceable liabilities of the committee, subsisting on the date of supersession, to the extent of the said assets.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               CHAPTER-XIV

 

                PENALTIES

 

 

Penalty for 103.              If the outgoing Chairman or Vice-

not complying                   Chairman, to whom a direction has been with                                 issued under sub-section (2) of section direction                                48, does not comply with such direction, under sub-                             he shall be punishable with simple section(2)                                imprisonment  for a term which may

of section 48 extend to one month or with fine  which may extend to five thousand rupees, or with both.

 

Penalty for 104.            Whoever, in contravention of the contravention                      provisions of sub-section (1) of section of section 79                    79 uses any place in the market area for                     the marketing of the agricultural                           produce specified in the declaration                        made under sub-section (1) of section 4                     or operates in the market area or                           any market therein as trader, commission                     agent, broker, processor, weighman,                         measurer, surveyor, warehouseman, or in                     any other capacity in relation to the                       marketing of that agricultural produce                      shall be punishable with imprisonment                       for a term which may extend to six                          months or with fine which may extend to                     five thousand rupees,  or with both, and                     in the case of a continuing                                 contravention, with a further fine which                     may extend to one hundred rupees for                        every day, during which such                                contravention continues after conviction                     for the first contravention.

 

Penalty for 105.            Whoever obstructs any officer in obstruction                carrying out the inspection of accounts and failure                         or in holding and inquiry into the

to obey                            affairs, of a marketing committee or order under               fails to obey any order with reference section 96.                   to any matter specified in section 96                       shall be punishable with fine which may                     extend to two hundred rupees for                            everyday during which the offence                           continues.

 

Penalty for 106.             If any officer, servant or member contravening                         of a marketing committee, when required provisions of             under section 97 to furnish information section 97.                   with regard to the accounts or offices                      or affairs of the market committee or                       the proceedings of a market committee.

                                  

 

(a) willfully neglects or refuses to furnish any information; or

 

(b) willfully furnishes information which is false or incorrect in material particulars,

 

Such officer, servant or member shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

 

 

Penalty for 107.Whoever, in contravention of the contravention                      provisions of section 98 obstructs any

of section 98                    person in seizing or taking possession                      of any books, records, funds or property                     of the market committee or fails to give                     delivery thereof to such person shall be                     punishable with fine which may extend to                     two thousand rupees.

 

General     108.              Whoever contravenes any provision provision                                of this Act or of any rule or bye-laws of punishment                made thereunder shall, if no other

of offence                      penalty is provided for such                                contravention elsewhere in this Act or                      in the rules or bye-laws, be punishable                     with fine which may extend to two                           thousand rupees.

 

 

 

 

 

 

 

 

 

                         

CHAPTER-XV

MISCELLANEOUS

 

Liability of 109.            (1) Every member or employee of the members,                                Board or any Marketing Committee shall employees of             be liable for the loss, wastage,

Board or                                 misappropriation or misapplication of Marketing                              any money or other property belonging to Committee                              the Board or the Marketing Committee, if                     such loss, wastage misappropriation or                      misapplication is, proved to the                            satisfaction of the board, to be the                        direct consequence of the neglect  or                       misconduct  on the part of such member                      or employee:

 

Provided that he  shall be given an opportunity by a written notice to show cause as to why he should not be held liable for the loss, wastage, misappropriation or misapplication.

 

(2) Wherever any such member or employee is held to be so liable, he shall make good the loss within a period of one month from the date of the order failing which an amount equal to the loss shall be recoverable from such member or employee as an arrear of land revenue.

 

(3) The member or employee against whom an order under sub-section (1) is made, may, within thirty days from the date of the service of such order, appeal to the Government which shall have the power of confirming, modifying or reversing the order made by the Board:-

 

                                    Provided that-

 

      (a) no action for the recovery shall be taken if the loss, wastage, misappropriation or misapplication had taken place after  the expiry of a period of four years;

 

      (b) in computing the period of four years, the period during which any enquiry or investigation was made by the Board or the proceedings were stayed or the period during which any appeal                                 

 

against the order for making good the loss, remained pending, shall be excluded.

 

 

Chairman,                110. The Chairman, the Vice-Chairman the etc., of the                   members, the Secretary and the other Board and the                   officers and  servants of the Board and marketing                               the Chairman, Vice-Chairman, members, committee                               Secretary and other officers and

to be public             servants of a Marketing Committee shall servants.                                be deemed to be public servants within                      the meaning  of section 21 of the Indian                     Penal Code, 1860 (45 of 1860).

 

Bar of suit            111.            (1) No suit or other legal

in the                           proceedings shall be instituted against absence of                  the Board or any Marketing Committee or notice.                                     any member, officer or servant thereof                      or any person acting under the direction                     of the Board, any Marketing Committee,                      member, officer or servant for anything                     done or purported to be done in good                        faith as such member, officer, or                           servant under this Act, until the                           expiration of two months next after                         notice in writing, stating the cause of                     action, the name and place of residence                     of the intending plaintiff and the                          relief which he claims, has been, in the                     case of the Board Marketing Committees,                     delivered or left at its office, and in                     the case of any such member, officer,                       servant or person as aforesaid,                             delivered to him or left at his office                      or usual place of residence, 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 the alleged cause of action

 

(3)  Notwithstanding anything contained in sub-section (1) any suit under section 38 of the Specific  Relief Act, 1963 (47 of 1963) may be instituted with the leave of the Court without serving any notice as required by sub-section (1) but the court shall not grant any relief in the suit whether interim or otherwise except after giving the Board or the Marketing Committee or any other person referred to in sub-section (1), as the case may be, a reasonable opportunity of being heard.

 

Trial of                     112.            (1) No offence under this Act, or offences.                   any rule or regulation or bye-laws made                     thereunder, shall be tried by a court                       inferior to the court of a Metropolitan                     Magistrate.

 

(2)  No prosecution under this Act, shall be instituted except by the Director or any officer authorised by him in that behalf for by Vice-Chairman or by another person duly authorised by the Board or the Marketing Committee, as the case may be, in that behalf.

 

(3)  No court shall take congnizance of any offence under this Act or any rule, order, regulation  or bye-laws made thereunder, unless complaint thereof is made within six months from the date on which the alleged commission of the offence come to the knowledge  of the Director, officer, Vice-Chairman or person referred to in sub-section (2).

 

(4)  All fines received by a court from an offender shall be credited  to the Market Development Fund or the market Fund. as the case may be.

 

Recovery of             113.            (1) Every sum due from the Board or

sums due to             a Market Committee to the Government Government             shall be recoverable as an arrear of Board,                                     land revenue.

Marketing

Comittee and             (2) Subject to the provisions of sub- others.                         section (3) of section 116 any sum due                      to the Board or a Marketing Committee on                     account of any charge, cost,   expense,                     fee,  rent or on any other account under                     the provisions of this act, or any rule,                     regulation or bye-laws made thereunder                      or any sum due to an agriculturist  for                     any agricultural produce, specified                         under sub-section (1) of section 61,                        sold by him in the market area and which                     is not paid to him as provided by or                        under this Act, shall be recoverable                        from the person from whom such sum is                       due, in the same manner as if it were an                     arrear of land revenue.

 

(3) If any dispute arises as to whether a sum is due to an agriculturist within the meaning of sub-section (3) of section 116, it shall be decided in the same manner as is specified in section 83 and for that purpose all the provisions of section 83 and the rules, regulations or the bye-laws made thereunder shall, so far as may be, apply accordingly for purposes of settlement of dispute under this sub-section.

 

Power of                     114.  The Government may, by notification, Government             and subject to such conditions, if any, to delegate                     as it may think fit to impose, delegate powers                                     all or any of the powers conferred upon                     it by or under any of the provisions of                     this Act to the Board or any other                          officer or person specified in the                          notification.

 

Power to                     115. (1) The Government may, by general exempt the                  or special order, published in the Board or                     official Gazette, exempt the Board or any Marketing                  Marketing Committee or any class of Committee                              persons from any of the provisions of etc. from                            this Act or any rule, regulation, or provisions                  bye- laws  made thereunder or may

of the Act. direct, in like manner, that the provisions of this Act shall apply to the Board or any Marketing Committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order.

 

(2)  All orders made under sub-section (1) shall be laid, as soon as may be, after they are made, before the Legislative Assembly of Delhi.

 

(3) The Government may, by general or special order, published in the official Gazette, direct that any rule, regulation or bye-laws madeunder this Act shall apply to the Board or any Marketing Committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order.

 

                             

 

Power to                     116.(1) The Government may be notification,

make rules. make rules for carrying out the provisions of this Act,

 

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

 

(a)qualifications which the representatives of the agriculturists shall possess under clause (a)  of sub- section (1) of section 36;

 

(b) qualifications which the representatives of traders shall possess under clause (b) of sub-section (1) of section 36;

 

      (c)  the manner in which the members of a Marketing Committee may be elected under section 38, including all matters  incidental to such election;

 

      (d)  the term of office and other conditions of service of Chairman or Vice-Chairman of the Marketing Committee under section 44 and 46;

 

      (e) the duties of Marketing Committees under sub-section(2) of section 55 and the promotion of the grading and standardisation of such agricultural produce  as may be specified in the rules under clause (k) of that sub-section;

 

      (f) the manner of levy and collection of market fee by Marketing Committee under section 62,

 

      (g)  the conditions subject to which loans may be obtained by a marketing committee from another Marketing Committee under sub-section (2) of section 72;

 

     (h) the manner in which and the time within which an appeal may be filed under sub-section (2) of section 74 or sub- section (2) of section 123;

 

 

                             

 

      (i)  the form of licence and the terms and conditions subject to which a licence may be granted or renewed, including the fees to be paid in respect of such licence, under section 80;

 

      (j)  the fees payable in connection with the weighmentand delivery of agricultural produce under section 80;

 

 

 

      (k) the manner in which an appeal may be filed under sub-section(1) of section 82;

 

      (l)  the composition of sub- committees, method of appointment or arbitrators and the fees, if any, that may be paid by parties  for the settlement of disputes, the procedure to be followed by the sub-committees or arbitrators for the settlement of disputes and the manner in which and the time within which an appeal may be preferred from the decision of the sub- committee or arbitrator under section 83;

 

      (m)  the manner in which the amount to the credit of the Market Development Fund or a market fund shall be kept or invested under sub-section (3) of section 84  or sub-section (2) of section 88 as the case may be;

 

      (n) travelling and other allowances payable to members of the Board or the Marketing Committee;

 

      (o)  the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the Marketing Committee and the Board and grant of sanction to such plans and estimates;

 

      (p)  the manner in which payment from the Market Development Fund of Market Fund shall be made, its account shall be kept or audited or re-audited, budget estimates of income and  expenditure shall be made and annual administrative report shall be prepared;

                              

 

      (q)   the time during which and the manner in which a trader or commission agent shall furnish returns to the marketing committee as may be required by it;

 

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

 

(3)  Any rule made under this section may provide that if purchaser fails to make the payment forthwith as required by sub- section (6) of section 61, he shall be liable to pay interest  from the date of sale to the date of payment as such rate not being in excess of the maximum rate of interest fixed for unsecured loans by banking institutions  If payment is not made within thirty days from the date on which the agricultural produce is sold, the principal and interest shall be recoverable by the Marketing Committee from the purchaser in the manner provided in section 113.

 

(4)  Any rule made under the provisions of this Act may provide that a contravention thereof, shall on conviction, be punishable with fine which may extend to five thousand rupees.

 

(5)  Every rule made under this Act shall be laid, as soon as may be, after it is made, before the Legislative Assembly of Delhi,  while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of session immediately  following the session or the successive session aforesaid, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

 

                             

 

Power to                     117.            (1)  The Board may, with the previous make                                                 approval of the Government and by regulations                 notification, make regulations, not

for carrying                      inconsistent with the provisions of this out the                               Act or any rule made thereunder for provisions                  carrying out the provision of this Act.

of the 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:-

 

(a) the method of recruitment, the scale of pay and other conditions of service of employees of the Board and Marketing Committee;

 

(b)  regulation of transaction of business at the meetings of the Board;

 

(c) delegation of duties and powers of the Board to its Vice-Chairman or any other officer employed by it;

 

(d)  delegation of duties and powers of the Marketing Committees to its sub-committees;

 

(e)  the manner of constitution of the Marketing Service, recruitment therein and the qualifications, appointment, promotion, scale of pay, leave and its encashment loans, pensions, gratuity, contribution to funds, reimbursement of actual expenses on hospitalization in authorised hospitals, dismissal, removal, conduct, departmental  enquiries and punishments, appeals and other conditions of service of its members and other staff.

 

Power of                     118.            (1) Subject to the provisions of this Marketing                  Act, and the rules made thereunder, a Committee to                         Marketing Committee may, in respect of a make bye-laws                    market area under its management, make                      bye-laws for-

 

 

(i) determining the quantity of agricultural produce which may be considered as retail sale for the purposes of the Act and and the rules made thereunder;

                                

 

(ii) the regulation of the business of the marketing committee, including meetings, quorum and procedure;

 

(iii) the conditions of trading in a market;

 

(iv) delegation of powers, duties and functions to the officers and servants;

 

(v) the delegation of powers, duties and function to a sub-committee, if any.

 

(vi) the provisions for the persons and the form in which copies of the document and entries in the books of the Marketing Committee may be certified and charges to be levied for the supply of such copies and inspection of such documents and books of account for the purposes of any proceedings under the Act, Rules and regulation;

 

(vi)  the manner in which the sales are effected in a market and maintenance and issue of invoices and other vouchers connected with the sale and the forms in which such invoices, bills, cash-memos shall be issued by the traders, commission agents, brokers or other market functionaries operating in the market;

 

(vii) any other matter for which the bye-laws are to be made under this Act or it may be necessary to frame bye- laws for effectively implementing the provisions of this Act, and the rules made thereunder in the market area.

 

(2)  No bye-laws under sub-section (1) shall take effect until it has been approved by the Board and published in the official Gazette.

 

(3)  In making any bye-law, the Marketing Committee may direct that the penalty for the breach of any bye-law may be imposed by it, which may extend  to five thousand rupees  in each case and where the breach is a continuing one with further penalty which may extend to one  hundred rupees for every day after the first conviction during which the same continues.

 

Explanation:-  For  purposes of this sub- section, it is declared that the Marketing Committee may impose the penalty notwithstanding the fact that criminal action has been instituted in respect of the same facts for which penalty has been imposed under the bye- laws.

 

(4)  Notwithstanding anything contained in this section, if the Director considers that an amendment, or adoption of a new bye-laws or rescission of any bye-law is necessary or desirable in the interests of market committee, he may, be order, require the Marketing Committee to make such amendment, adoption or rescission within such time as may be specified by him in the order.

 

(5)  If the Marketing Committee fails to comply with the order issued under sub- section (4) within the time specified, the Director shall  make such amendment rescission or adoption of such new bye- law, and issue a certified copy thereof to the Marketing Committee.

 

(6)  The Marketing Committee may, within thirty days from the date of issue of the certified copy, referred to in the sub- section (5) appeal against such order to the Government whose decision thereon shall be final and binding upon the Marketing Committee.

 

(7)  No bye-law or rescission of bye-law or its alteration or amendment shall take effect until it has been confirmed by the Director and notified by him in the official Gazette.

 

Power of                     119. The Government may, after consulting

Government             the Board, by notification, including,

to amend                                     or exclude from, the Schedule, any items Schedule                                 of agricultural produce or amend it in                      any other manner.

 

 

                             

 

Power of                     120.  Whenever it is found that any amount

write off       due to the board or a Marketing irrecoverable Committee is irrecoverable or should be fees etc.        remitted, or whenever any loss of the                       loss of the Board's  or a Marketing                         Committee's money or stores or other                        property occure through the fraud or                        negligence of any person  or for any                        other cause and such money or property                      is found to be irrecoverable, the fact                      shall be reported to the Board or                           Marketing Committee, as the case may be,                     and the Board, with the approval of the                     Director, and the Marketing 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 the case of Marketing Committee, if in any case the amount due or the value of such property is in excess of one thousand rupees, such order shall not take effect unless it is approved by the Director.

 

Revision 121. Notwithstanding anything contained in this Act, the 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 is satisfied that such order is not in accordance with the provisions of this Act, or any rule, regulation or bye-law made thereunder.

 

Power to                     122.            (1) With the previous approval of compound                              the Director, the Secretary of a offences.                   Marketing Committee or any other                            officers authorised by the Director in                      this behalf, may accept from any person                     against whom a reasonable suspicion                         exists  that he has committed an offence                     under this Act or any rules, regulations                    or bye-laws made thereunder, a sum of                         money by way of composition for such                        offence.

 

(2)  Notwithstanding anything contained in any other law for the time being in force, on the payment of such amount of money to the Marketing Committee, the suspected person, if in custody, shall be

                                

discharged and no further proceedings shall be taken against such person.

 

Power to                     123.            (1)A Marketing Committee or its Marketing                              secretary shall have the power, to Committee                              impose by order, a penalty not exceeding and secretary                   five thousand rupees on any market

to impose                                     functionary or agriculturist or penalties.                   purchaser for the contravention of any                      bye-law, after giving the person                             concerned a reasonable opportunity of                       being heard.

 

(2)  An appeal against an order under sub-section (1) shall lie to the Vice- Chairman of the Board, within such time and in such manner as may be prescribed.

 

Repeal and             124.            (1)  The Delhi Agricultural Marketing Saving                         (Regulation) Act, 1976 (87 of 1976)                         (hereinafter referred to as the said                         Act)  is hereby repealed;

 

Provided that such repeal shall not affect the previous operation of the enactment aforesaid and anything done or any action taken (including any appointment, delegation or declaration made, notification, order, rule, regulation, direction or notice issued, bye-law framed, marketing committee established, licences granted, fees levied and collected, instruments executed, any fund established or constituted) by or under the provisions of the said Act shall in so far it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded  by anything done or any action taken under this Act,

 

(2)  Any area or place declared to be a market area or any place  or market declared to be a market under the enactment so repealed shall, on the commencement of this Act, be deemed to be the market area or market declared under this Act; the Marketing Committee constituted for the said market area and functioning immediately prior to such commencement shall be deemed, notwithstanding anything contained in this Act, to be the  Marketing committee constituted under this Act for such market area, and where it is so declared or notified, also for the agricultural produce specified in the declaration or notification; and all the members of such  Marketing Committee shall be deemed to be members nominated by the Government under sub-section (2) of section 36.

 

(3) Any reference to the enactment repealed as aforesaid or to any provision thereof or to any officer, authority or person entrusted with any functions thereunder, in any law for the time being in force or any instrument or document, shall be construed, where necessary, as a reference to the corresponding provision of this Act or to the corresponding officer, authority or person functioning under this Act, and the corresponding officer, authority or person, as the case may be, shall have under such law, instrument or document.

(10 of 1897) (4) The mention of particular matters in (87 of 1976) this section shall not effect the                      general application to this Act of                     section 6 of the General Clauses Act,                  1897 as if the Delhi Agricultural                      Produce Marketing (Regulation) Act,                    1976, had been repealed by this Act.

 

Power to                     125. If any difficulty arises in giving remove                                  effect to the provisions of this Act, difficulty                     the Government may, as exigency                             requires, by order not inconsistent with                     the provisions of this Act, do anything                     which appears to it to be necessary or                      expedient for the purpose of removing                       the difficulty:

 

Provided that no such order shall be made after the expiry of two years from the commencement of this Act.

 

 

 

                    THE SCHEDULE

 

      [ See Section 2(1) (a) and Section 119]

 

I.  Animal Husbandry Products-

 

1.   Butter.

2.   Cattle meat.

3.   Eggs.

4.   Ghee.

5.   Goat meat.

6.   Hides and skins.

7.   Milk and Milk Products.

8.   Poultry.

9.   Sheep meat.

10.  Wool.

 

II. Apiculture-

 

    1.   Honey.

 

III.Cattle feeds-

 

    1.   Guwar.

    2.   Punvad.

 

IV. Cereals-

 

    1.   Bajra.

    2.   Barley.

3.                  Inferiormillets,forexample,swank,

kodra Kangni etc.

    4.   Jowar.

    5.   Maize.

    6.   Oats.

    7.   Paddy (husked and unhusked).

    8.   Wheat (husked and unhusked).

 

V.  Condiments, spices and others-

 

    1.   Betel leaves.

    2.   Betelnuts.

    3.   Cardamom and pepper.

    4.   Cashewnuts.

    5.   Chillies.

    6.   Corriander.

    7.   Dalchini.

    8.   Garlic.

    9.   Ginger.

    10.  Ilachi.

    11.  Long.

    12.  Methi.

    13.  Rai ( mustard)

    14.  Sonf.

    15.  Turmeric.

    16.  Zeera

    17.  Hing (Asafoetida).

    18.  Tulsi (Basil)

    19.  Tejpatta (Bay leaf).

    20.  Ajwain (Bishop's seed).

    21.  Jaiphal (Nutmeg).

    22.  Posta (Poppy seed).

    23.  Pippermint.

    24.  Kesar ( Saffron).

    25.  Imli (Tamarind).

    26.  Vanilla.

    27.  Sonth (Dry Ginger).

 

VI. Fibres-

 

    1.   Cotton (ginned and unginned).

    2.   Sunhemp.

 

VII.Fruits.

    1.   Almonds (Green).

    2.   Apples.

    3.   Banana.

4.   Cherry.

5.   Chickoo.

6.   Fig.

7.   Grapes.

8.   Guava.

9.   Kakri.

10.  Leechi.

11.  Lemon.

12.  Malta.

13.  Mango.

14.  Melon.

15.  Mosambi.

16.  Papaya.

17.  Peaches.

18.  Pears.

19.  Plums.

20.  Pomegrante.

21.  Santra/Orange.

22.  Strawberry.

23.  Water melons.

24.  Coconut.

25.  Ber

26.  Pine-apple.

27.  Sharifa (custard apple)

28.  Phalsa.

29.  Apricot (Khurmani).

30.  Japani Phal.

31.  Jammun (Black berry).

                                

 

 

32.  Chakotra.

33.  Loquat.

34.  Mulberry.

35.  Sugar-Cane.

36.  Belgiri.

37.  Water Chestnut

38.  Gulgul

39.  Khirni.

40.  Dakh (Currant)

41.  Pyrusmalus (Babu Gosha)

42.  Maize-ear (Bhutta)

43.  Khazoor (Wet Date).

44.  Khatta (Lime).

45.  Mitha (Sweet Lime).

46.  Chest nut.

47.  Kiwi.

48.  Kinoo.

49.  Raspberry.

50.  Singhara.

 

VIII. Grass and fodder.

 

IX. Gur, sugar, sugarcane, khandsari,

shakhar and rashkat.

 

 

 

 

 

X.  Narcotics-

 

    1.   Tobacco.

 

XI. Oilseeds-

 

    1.   Castor seed

    2.   Cotton seed

    3.   Groundnut (shelled and unshelled)

    4.   Linseed

    5.   Sarson.

    6.   Sesamum.

    7.   Taramira.

    8.   Toria

 

XII. Pisciculture-

 

    1.   Fish

 

XIII. Pulses-

 

    1.   Arhar.

    2.   Beans.

    3.   Gram.

    4.   Guara.

    5.   Mash.

    6.   Masur.

    7.   Moth.

    8.   Mung.

    9.   Peas.

    10.  Urad.

 

XIV.Vegetables-

 

    1.   Arvi and Arvi Patta.

2.   Carrots- all types.

3.   Cucumber-all types.

4.   Gobhi-all types.

5.   Kachalu.

6.   Leafy and fresh vegetables.

7.   Onion

8.   Peas-all types.

9.   Potatoes.

10.  Tomatoes.

11.  Sweet Potatoes.

12.  Brinjal.

13.  Gourd all types.

14.  Lady Finger.

15.  Halva Kaddu.

16.  Ghia Tori.

17.  Frassbin.

18.  Bathua.

19.  Sarson Leaves.

20.  Green Lobia.

21.  Spinach.

22.  Turnip.

23.  Radish.

24.  Tinda-all types.

25.  Kathal.

26.  Jamikand.

27.  Green Methi.

28.  Moist chilli

29.  Karela- all types.

30.  Pumpkin.

31.  Tamarind.

32.  Chukander.

33.  Moist Chilli.

34.  Mait.

35.  Garlic

36.  Chirchinda.

37.  Tori-All kinds.

38.  Parmal.

39.  Kamal kakri.

40.  Goose berry (karonda)

41.  Mushroom

42.  Green Corriander.

43.  Amla.

44.  Singri.

45.  Teent.

46.  Lehsua.

47.  Karamhela (Kamrakh).

48.  Yam (Potatoes).

49.  Salad (Lethua).

50.  Beans (All kinds).

51.  Green  Turmeric.

52.  Drum sticks.

53.  Kachnar ke Phool

54.  Kakora.

55.  Karonda.

56.  Capsicum.

57.  Soya (Green)

58.  Amrah.

59.  Lanku

60.  Kundru.

61.  Phuee.

62.  Kulfa.

63.  Cholai.

64.  Bankla.

65.  Cholia.

66.  Singhi.

67.  Sonjna ke Phool

68.  Bandhra

 

XV. Horticulture-

 

    1.   Flowers, Cut Flowers and Potted Plants.

 

XVI.Forest Products-

 

    1.   Bamboo.

    2.   Baheda.

    3.   Chiraunji.

    4.   Gum

    5.   Honey

    6.   Karela.

    7.   Mahua Flowers.

    8.   Timber

    9.     wax