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The Delhi Agricultural Produce Marketing (Regulation) Act, 1998

Act 7 of 1999

Keyword(s): Agricultural Produce, Agriculturist, Board, Broker, Buyer, Processing

i : Short title, ( 1) This Act may be called The Dclhi .4grir~l!!ir:t!

trtenl and Produce Marketing (Regulation) Act , 1 998. commencement

(ii) It extends to the whole of the Nationnr Ca:,i~;tl 'Tcrritmy of Delhi.

(iii) It shall come into force on such dz!r 3.. 'h. 5nl.fcrrtncnt may, by no!ificaLion, appoint.

1 : Dtfini ti O ~ S 1 ) this Act, ~ ~ C S S the context !. , [ i . ~ j . ; ~ 1,cr;uir~s.

(a) "agricdni~al produce" means ~ i : l V;_I :b.;Lucc and coramoditics, whether processed or unprocessed, of ngr ic~~: t 1-:-al, I I C I F ~ ~ C U ~ turrl, apiculture, v i ~ i c u l ture, pisciculhuc, serjcu:ulhuc, errirn>i husbandry. Ileccts and skins of aaimals und .

forest products as arc sp-~i!-,~d in rllc Scllcdule and each oil~cr produce as may bc dc-larcd by i:. -';:.*-rrnmcnt by nntifrcaiion to bc an apicultural producc aad also inchrdcs admixture of two or more of such producc;

(b) "agriculhwi:-:!" o;.Lbairs a person residing in IIclIli who ordinarily by his own labour or by thc labour of any member oihis family or who by the labuur his tenants or servcnts or hired labour or ofhcnvisc, is cngagcd in cite production or growth of agricultural produce, which has not been processed, but does not include a trader, conunissio~l agcnt, prcccssor o r hrokcr, or n padncr in a trading firm, or industrial canccm, or in rclntion lo agricultural producc. cxcept whcre such tradcr, commission agent. processor or brokcr or paitncr i s engaged in the production or growlh of agricultural produce;

(c) "Board" means ihc Delk Agricultural Marketing Board constiturcd under section 5 ;

(d) "broker" means an agenl who, in considcrarion of a commission, fee or remmcration, contrives, makes and conc1udes a bargain or conbacts on bchal f of his principal, for the purchasc or sale u l agricul~ural producc, but does not receive, deliver, transport, or pay for ~ h c purchase or collect payment for the sale of h e notified agricultural pr~ducc;

(e) "buyer" means a person, firm, company or cooperative sociely orGovcmmcnt agency or public undertaking or public: agency cr corporatiou, or commission agent, who in the course oihisor i ts business himsclf ~br ifselfor on beh~lf of

I any person or agent buys or agrces to huy no~il ied agricultural produce in the market area;

5 0 C __--- DELHI GAZETTE. E X T R A O ~ ~ ~ ~ Y . ---

( f ) "bye-1 e m " means bye-Iaws made uuder setdun 1 1 I;

@) "Commission agent or ArhW means a perma, who by h l f oi t h u g 6 his servants, in the ordinary c a m of buakd9, d e s or of fm to make a purcheso or sale of a hotiEed ag$i~dtuFe produce, on behalf of the seller or

'

purchaser of w h agricdtural produce as the case may be, withid the notified market yard md ar subyard or keeps it in his c u t & and cuatrola ii atring the pmccss of i~ sale or purchaaa add mllectlr payment thereof from the buyer and pays it to the seller and rcceivcs by way bf @m~eratiofi a corqmission .

or Arha.t or perc~ntago upon tho molhit iti~olued in egch transaction;

@) "Delhi" moans the Natiod Capital Territory of Delbi;

(j) "Govenu~tnt* m u the ~ieutcn&t Govembr;

(k) "Lieuterrant Governori' means tbe ~ieut~nant hefn io f &&i hhiiod eapi.M Territory of Dclhi appoinhd by tba Pmlrient W e t artic-ie 239 iead ivi& ,

article 239AA of the Caastitutian;

( 1 ) authority" means, in relation to ad PJ~B within the lmfll k t s of:-

(i) The Municipal Corpamtion of fielhi, ibat Corparatiod;

(ii) the New Dtlhi Municipal CQWCII, that Council; srrd

(5) the Delbl Cantonment Board, that Board;

Exploaadau- It i s hereby cldfitd that for che p-sc of Ws Act, the D e E Develapment Authority cbmtituted under the Deki Development Act, 1957, and t h e Board and a marketing commitlee cstabiisbed under Lbis Act, sbPU be deemed to hb local authority;

(m) "marh" mcaos sl &@dated mwkci established rmdcr Ihis Acl, for a market - area and Includes a market of natiod importance edabiished under wt ion - 26 and a phcipd market and a aubsidairy market established under siction

23;

(n) %nrkct afdan meam area declared to be a market area under section 4;

(0) ''market cbarges" in~lrde.cbqes on account of or in respcct-of mramission, brofrtmge, w e i w g , mbasuring, pdiedari;loadiag, uoloadiag, and cmying, c l e w , d*, sieving. stitching, stacking, hiriag, gunny bags stamping,

staring, Wdmwing, grading, surveying, traspoc6ng and pmssing;

(p) Urnark* commiitce" means a commjttee constituted for a.market area mbr this Act; .

(P) %arkehgm m c m buyinl or sollhg of notified a(pbdliura1 ptoducc and includes mding, pmkeging, staodarisation, processing. storage, c,oIdstorage, warehome, tramsort, export, channels of diseibutios and any otber b c t i o m assaciated witb the buying or selling of such agricultural produce dnd dl activities b o l v c d &e f l ~ w of agricultural produce froa production points

I - -

' ' If11 i :I (rr:iLET ['I: F.;<(R ; ~ ( I I { D I ~ ~ \ ~ : ' ~ , ' 1 - . . :.- .. .. .- . . . - . - - - - . - .--.- . - - - - -: I - - - . . . ... . .. - - -- . .. /--- - - - . - . . - - . - . - - . . . - . . - . - . - ?--- r,omn;zncin2 ivi:h I!~C s:;;gc :,i banes! t i l l r i l e .~ : c ~ c h ~ l l t consgmcr at large:

I r j " ~ r t ~ r k e t fu;lc!ionnry" mclns 2 denlcr. hrdkr:r, ccm~nission agenl, b ~ y ~ r ,

i psllcdar, proiesstjy. flo::kisr, cold slora_er aFe!.:4!;.r, ::~;i:&r. ~rci@~i;man and such ~ h . . c r pr io !? as ?:,!> 5c dt-lared h;. ~ c l l i i i c a ~ i ~ r l :41irjt,r tile byc-iaivs io be 2 rnsrkcl fwctirlnnr!:;

'marketing szrvicc'' incass Zclhi hgncul~;tral Markc(i~!;l Scrvicc cc~s t i tu i~ i l rmdcr scction 75;

( 1 "~.o~ification" means 2 ;::qlfiralion pub!isllsd in ;hc ci'ficinl Gazctlc;

1 (iij "n~~~ifiedagricu~ruralprariilce"~:e~n~any~gri~~;lttr~ilpr~lj~ccno~i~edunder wc~j; ln 4;

[L.! " w ~ f ~ ~ i a l G;izcne7' tgcans th: :>elhi Gaze!tc:

I (-.;;l "prcscribcd" ~t~exn. . ; pri.bcri:!ed by ruicr rnal',~ ~ d e r !his .4c[;

I ( 8 ) "procsssjng" mans arrl one or marc of a szncs ~f lrcatments relating fo powdering, cmshine, iicl:.orticrilin~. husking, paiboiliu;, pcllishing, g inn ie~ , pressing, curing PI- any ether tnanual. mccb.anic;rl, chemical or rbysical treatment :o whch in-.I, fiqricuilitral p;odu.;cl or i t s prc,l~:cr is sr~bjcckd lo:

1s i processor" rlcalu: i! persor; :$.!lo prtlccsxcs : ~ ; y !~oti.iv$l agiculn~rai pind-cc

on his own acccrd c!r on ~;a?*:ncnl 01' a cbnrgc;

(z) " ~ c I J ~ ! snlen' in :.ci%tion to : ~ t : y r;o~ified ngiculrural pr3di:ce. means thc sa!: i lT

the: prnd~~ce , not o~cceding such ~ u m t i r ; as tile ij13riic:i~g corruirinci: may, bj. 5yc-laws, dc~ermlne LO t ~ c a ratail sale i i respcct tha-cur;

( '74 ' 'n~lr.~" neacs mlcs made under this Aci;

(zb) "schedule" mcms :I12 schr,iiulc, to this Act ;

(;FA) " S C C ~ C I ~ ~ " meatis a Sccre1sr-y 10 he ! h a r d , Markc:ing !'o~i~mittce f ~ r rnarlrs~ of nationaI impotlsncc. a ~ d other markctirig cr:mmii(~:t: and includesSoiar, Depuly and A s a t . Scc~r!ar>. appuinled 3.; pcr pruvi:.i~tn of h i s P.cl : ~ n d in rcms of Service Aegul;~rionj llreult for DAhi Agricuiiurnl Markciing Swvicc.

(d) sec:iun" mcans a scc~iua cf i h i s Acl;

(2ctC) "SCIICT" RICNIS 3 ;Icrson who. sells or agrcu.c to scll m y nntificd ngri~rlltural pro&;e and insl~drs a persan 'htlilt) sells UII behalr of any olher pcrson as his agwi or scrvent or ccm~cission agent;

(zf) "surrcyor" r11ca115 a pcrsdn W~IU, on arrival of a consigmcnt of noiificd agrisl~ltural producc for salc in any markct arca ar market, surveys it fcr ~sccneining the qualiry, icrracticn, adultcrarion and olt,cr Iike factors;

jzg) '.~rader" mcans 3 prr.;on who, In fhc normal coiusc, ci~rrics out the business orbuying or se1lif.g. sl;trkig OI ~ ' C I C C S S ~ ~ ~ of any nolificd agricqllwal proi1:cc 4s 3 principal or ;is a 11;lly authcrised agcn!.

( 2 ) I f ariy question a r i m a5 to ..qhc.!l~cr n pcrson i s ur I:; Ili)l an 3griculturist for Ihc purposes oi' his ;Cc nlaricr \11311 bc rererrcd to tht. nirccior whose dccision thercoo shall bc f ir~al .

3 Notiflcaff on of intention of regalntlng marketing of notifled agricnltnr~l p d n c e in smn

4. Declaration of mnrket a m and regulating agricultural pmdaca

The notification under subsection (1) shall stale that any objections or suggestions which may be received by the Government, .within such period not being jess than forty five days, to be specified in the notification, shall be considered by it.

A decIaration made under sub-section (I) may aIso be published in atlcast two newspapers in such languages as the Government may fiom timc to time specify -

by order, in this behalf or in such other mamer as, in the opinicln of the Government, is best calculated to bring to the notice of persons in that area 4 7

- the decIaration aforesaid.

DELHI GAZUTE : ~ Y T M O R D I X ~ ~ ~ Y j: _ --- _--I__.- -- _. ---- pi-+-----

CHAPTER JIX CONSTITUTION AHD POWERS OF DELHI AGIUCULTURAL MARKETIHC BOARD

' 5 ~ b l i s t m e o t (I) Thc Covcmrncnt shall, for ihc purposes of this Act, establish a Board to be howoas"Thc Delhi Agricullurai Marketing Board" consistiqg of a Chairman,

=d fifteen members of whom scvcn shall be oEcials and cight non-officials, to be nomianted by tbt Governmen1 in lhc fo1Iowing manner, namely:-

(a) the omcid mcmbers shall be :-

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

(ii) two replcscnta~ives of ~ h c Development Department of thc Govcment of ~vhorn one shall be from Apiculture wing and rha other from Cooperative wing;

(iii) one rcprcscntati ve From Dcpartmcnt O F Food Supplics and Consumer A [fairs of !he Govcrnmcnt not below rhz rank of Deputy Commissioccr.

(iv) one reprcscntative each horn the Ddhi Developmenl Authority and the Municipal Corporation of Delhi, who shall bc1ong to ?laming wing of che rcspecti vz body;

(v) the Agricul~wal Markcling Adviser to,the Govcmment of India or his nominee;

. .g (b) the non-omcia1 members shall be :-

- (i) two agciculturis~s, being members of the market cornmirtccs;

( i i ) two-members rcprcscnting the organisations of agricdlurists;

(iii) onc membcr la bc clccted in the prescribed manner from the traders and cornmission agcnts liccnscd undcr section 80;

(iv) one mernbcr representing ihc Co-opralivc societies; wlrid~ arc markeline in agricultural produce; and

(v) iwo member rcprcscnting the intzrcs~s of consumers, of whom onc shail be a member af the Legislative AssembIy of Uelhi.

(2) The Vicc-Uhaiman shall function as the chicfcxccutive affiwr of the Doard.

I a. I B ~ ~ M R I G O O The Board shall be a body corporate and a local authority with the namc of the Doard "The Dclhi Agricultural MarkctingBoard" baying perpetual succession and a

common seal, will1 power, subject 'to the provisions or the Act, to acquire, hold and disposc af property, and may by tlre said name, sue and be sued.

1 7. Term of Thc Chairman, thc Vicc Chaimao and (he official members shall bold office Chairman during the pIcasurc of chc Gournrncnt. Evcry non-oficial member shalI hold Vice-Cbairman, o f i ce for a period of five ycsrs but shall, on !hc cxpiry of ihc rcrm, be eligible Official for rc-t~urninarion provided rhat, notwihstanding thc expiq of tcrm of office, Members and the non-a llicial mcrnbcr si~aI I continue in olficc until his successor has been oon-offcial nominalcd and has assurncd office. members

H. DhqnaM- calioas for member of the Board if he :- membership

(a) does not ordinarily reside within Delhi;

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

(e) is an undischarged insolvent; or

relesse.

(1) The Chairman, and in his absence, the Vice-Chsirman shall prcside over the 9. Chairman to preside meetings of the Board.

1fl.Quorum at Five members shall constitute the-quorum at a mceling of the Board;

in accordance with the rules.

11. Resignation ! 1. (1) The Chairman of the Board may, by writing under his hand sddtesscd .to the Chairman Government and dclivcrcd to tbc Director, resign his oifice. and Members

(2) A member may, by writing under his hand, sddressed to tbc Government and delivered lo the Chairman of the Bogd, resign his office.

12 Pay,ellowaaee- (1) The Chairman and vice-chairman of the Board shall be entitled to receive and benefits such pay and or dlowances and orher benefits as may be determined by to the Chairman rules made in this behalf. Ifnon-official is appointed as Chairman of rbt ,

and Vice-Chairman or the Board

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

DELI I1 GIIZETTE-: EN-I I~AOKUINARI; - - -. .- .- - - -- . - - - - $2 1 . - . - . - -

The Government may remove horn ofice any nonsIIicial member of the Board who has become subject to any of the disqualificatifins specified in scckion 8 or ~ : h ~ r , in its opir-icn, is remiss in ibc dlschargc r,f his duties or has ctaied to rcp;cscilt g~c. sarercsls lo whici~ he a a s nor l i i~a r t i l :

Prr-+vi5cd ~ h d r no such member shall be rcmcvcd from oIficu rxccpt ai'ler ireine giv.11 a rcas~na:Jic: oppormnie of sha~villg cdl!se against the action proposed.

1 14. Filling U P A vara:cy C C : : I ~ ~ C ~ o&erwise thnrl b!; rll!ux attime in rcspcct ~ ? f non-otr~cial

or casual mcrnbcrs o f tl;r Bowd shell bc t-?I!cll up, as ssorl as may bc, by fresh omi in at ion by tbc Govern~ncnt. TJic pcrstl:? su :~f;minatcd sball hold oflice for the wispired t c r n cf lhc mcmber cencerneii.

1 *pprornl of ( I ) Subject !u h e ~ u i c s made undcr h i s Acl, B c crlirnvfes of tile uvlual income badget and expcaditure of k c Board irr [he prcscdbcr! insin for t!ic ensaing yeas e s d m ~ tes shali be prcpzrcd and pssscd by tbc Eoard and submitlcd cvery year, not 1 d!he B o ~ r d laicr thzs the prescribed da!c, ID ;h;: Gu;rr;inrl;~nt for its approv~.I.

(2) The Government may appiave the budget of' [he Uoatd as i t is or with such alters:i:..s r b i ;r!*xl;_7ch!ieila a; it ltrzy ~ l u ! ~ k fit and the budget so approved by the Guvcrmenl slrali be h e budset of the Board for the year.

(3) Tl~e budgc~, as epproved by the liricmmcni, shall bc retuned to ihe Board within two ntnntbu from thc dare oi'the rcccipt tk reof and if it is not so retuned wiLhin two ronn:lls, it shai1 bc prtsluned :ha[ [he budget, as presented by h e Bowd, has beto dviy approved by h e Govcmmcnt.

I ~cl'ncaccies - -. No aci or proc.ccding of tlle Rilard shall be invalid mercly by reason of tbe

not to existenw of my -tacansy amung its membcrs or any defect in the konstitution invalidate tl~ercof. Boerd's aet:sn

(3) It may aulLorisenficer/oEficers of tIic Doard and/ or markcting comminees l o inspect works undertaken by the mkkcting commiuces and Board and to take

I

(4) Subject l o Lhc provisions of this Acl and rlic rulcs and rcgulations made thereunder. rhc Board n~sy crnplog such pcrsons for the pcrformancc of its functions as i t may consider necessary a11J the mclhod of rccruilmenl, Lhe scale of pay and other conditions ofs~.n. iec of sucli pcrsons shall bc such as .

msy bc provided in the regulations made by [Ill: Uoard in this bchzlf.

17. Powers rud ( 1 ) The Boxrd shall csercisc superintendence atid conlrol uvcr Ihe mzrketiug fnnctious commirtees. oft he Board

(2) Thc Govem~cnt or rhc Chairmalt or thc Vice-Choirma11 of thc Board or any other official of Lbc Board authoriscd in this bcholf by the Board may call for from any marketing cornrnittce or any lrdcr, godown kcepc.r or any other fUncuonary operatiug wilhin thc markct srca any infonna tian or rct urn relating

1 :L' apic~ltural product and shall havc r11c p o w r to inspcct thc records and acco:clis or such ~iiarkciing commit ree, uadcr, godo\vn-keeper or ather

I functionary nnd shall also have powcr to seize or take into possession tlgaipst proper reccipt [he records accounts books siocks of noti ficd agriculturaI produce elongwiil~ its containers and carriers.

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

, .

(i) Coord~ationofrhew~rkingofthem~ketingcommitteesandolberaffair~ thereof including propammes undertaken by such marketing committees for Ihe maintenance of markets, sub-markets, check posts and otber sites ia the market areas;

(ii) undertake the planning and development of markeis 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 tinction specially entrusted to it by this Act;

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

(6) . .; p j u d i c e 10 the generality of the foregoing provision, such functions of thr; Board shall include :-

(a) to consider proposals for selection of new site(~) for establishment of the markets and to make recomrncnda~ions to the Director for emblishing principal market and sub-markets as pcr provision of sub-section (2) of section 22;

@) to approve proposal for providing infraslmclural . facilities . in the market and market area;

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

( d ) to sanction, supervise snd guide a Markcling Cornmiltec 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 Markct ~ e v e l o ~ m e n t Fund;

I 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 m u d l y at the clo~e 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 notificd agricultural produce;

(j) to povide facilities for he training of officers and members of the staff of the ~ o a r d as also the Marketing Committees;

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

. -:.- -=-I=: 1-7. - DELI I I G<ZEGITE ESTRAORnlNAKY

- .--PC____ 5 7

- - - I _ _ _ - - - - - - . . - -

/ -

(1) to sanction the budget of the Markcting~Commitlees;

(m) l o grant subventions or loans to lhc hfarketing Cornmittecs for thc purposes gf [his Ac! on such t c m s and ~ondi t ions as the Bcard may dcierninc;

(n) to arrange or organise seminars or ruork~hops or cxhihilions, erc, on subjccls d a t e d b~ agicu!mral markcling;

( 0 ) to perform such other Functims as may bc 01 gcncral intcrest to thc Marketing Committees or considered neccssar); for e1'Iic-ienl runcfianing of the aoard or the Marketing Committees

(p) to transfer or to provide marketing t e c h r i o ! ~ ~ and nlarkct assislancc lo fhc Markeking Committees as and when rc;yuircd.

1 (ii) ensure maintenance of acc01.1 nri s: -: records;

,

( i i i ) dispose of all quesrb1:s rcia!ir:g 10 thc service of thc cmployec as per the proccdurc laid d : ~ v n i n !!:c regulations;

18 punctions The Vicc-Chairmul of fhc Board s)lall- . a ~ d powers of lhc - ( i ) discharge a l l functions as chicr cxcculi~.-;; 2fIiccr of ihc lloard and make vice-Chairman appointments and e~crcisc supervision and conlrol over thc oficcrs end

(iv) appoint 6ficcrs ai.:: z~efnbers oC [he slafjof lhc Board and Marketing Scrsi~c as per prs:rcl:i::.r: laid dawn in the regulations;

memfr~t.: 9: the sinff of rhc Board and thc Marketing Scrvicc in malter including those of executive or administralive in nalure as laid dawn in sen-ice regula!ions;

(v) incur exptndI:,;rc iiorn thc Markc[ Ucvelopment Fund on works and other itcms ss pcr powcrs dclegatzd to him hy the Board;

(vi) in case oierncrgency, dircct thc cxccurion or stappagc of any work and pe~furm any Function which rcquircs ~ h c sanction of the Board;

(viii) arrange internal audit of the Board;

(ix) discharge any other dulies which may be assigned to him by [he Board i from time to lime.

(x) take steps for execution of (he decisions of thc Board;

(xi) inspect works underlakcn by the Markcling Committecs and Board and take corrective measures; .

(xii) report to the Govcrnmcnt such acts o f thc Marketing Cornmiltees or of the Board which arc contrary lo lhe provisions of this Act or the rules. rcguIations or bye-laws madc thereunder; and

(xiii) take such steps as may bc deemed necessary for cffcctive dischatgo of the h c l i o n s of !hc Board.

19. Functions of the Secretary o t the Board

21. Powers to make regulations for administering

, the mff'airr of the Board

(i) arrangemeetingsoftheBoard;

mners:-

when such mcetings are lc, bc hcId, thc conduct of business at such mcetings;

( i i i ) the salaries and allowances, loans and advances, and other conditions of scruice of oficers and other cn~ployecs of thc Board and of the Marketing Commitlec;

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

(viii) the procedure far carrying out 1hc functions of the Board under Lhis Ad;

Tba Government shall elrercisa superintenlicnce and conwo1 over the Board and may call for such information as it may deem necessary and in the event of its k h g sat;,sfid that the B o d is not functioning properly or is p e r s i h t l y zrtl;siag dcfadt in Lbe p e r f o r m ~ c c of the duries imposed on it by or under t h i s Ast or is axcccciing or abusing its powers or is guilty of :;onuption or mimanagement, h e Gavemant may by m ordcr published, logether with 8

mtcment of reasons thereof, in the oficial GaaLette, dissolve the Board ti11 such time w a New Board is constitulcd. and make sucb arrangements for the cxmise oiihe functions of h e Eowd icr ii mby hiok f i t .

Provided 8:at no onlcr of dissolution as aforesaid shall be made exwpt aAer giving tbe Board arenuonable opportunity of showing cause against the action proposed:

Wblisbment ( I ) !:o~ v\,cry mirrkct arca. rhere j h i ~ l i ilc. csr:~iliishr.d one principal rnarCCt, a~!rl ~fmarkci rhcrc ma), also bc cslab1ishr.d orlc nr 111oic sc~bsidiaty ii!arkcrs. c n n ~ ~ d ~ r c i l

ncccssary. rur I ~ I C ~ni~rkeling oC tlotiiicd a g r i c l ~ l ~ u r a l p m ~ l u c e .

I (2) T!IC Oircctor st~all . a s srjctl ns possiblc afrC.r a Jccl;lr;liicln is rn:~dc under sub- srcticln(1) of scctinll 4 , by ~ io i i l i calirro. - t s ~ i ~ h l i ~ I ~ all! place ( i r l c l ~ d i n ~ : any sIructurc, ericlasurc. opcn spec vr !uc:iliry) in any 1ni1rkcI ;ircil lo h c tbc

. principal mar kc^. lnr rl:c n~a;i;cti~~g of thc qr icul lura l prtlducc spcciCicr1 i l l such ~~otificativrt a j ~ d nlay. hy { h c samc or aihcr ~ ~ r , t i f i c ; l ~ i ~ l ~ i . cs~ul~lish ill n:ly such place in a!iy rllarkcl arca one or rnljrc subsirlbq m:!rlC~s Ibr tllc 1n:~rkcung o i such ~gricullurai produce.

t lcquisl tinn alland for

n arrkeiy

( I ) \ i l l e n any land within ~ h c n~arkc i arcs i s rrquircd Tor 1111: purl,rrycs nl this Act and lhc Bu;~rd is unablc to acrluirc tlic snrtjr by uyrcctnerll. 1l1c I - iculcni~n~ I;overr,or, may st Ihc rcqucsl of 111c Iloard. procccd ro ncquil-c such land under !hc pr~visions cf thc land Acquisilion t \c ! . 1994 ( I of 1 8941 and on p n y c n l , of Ilie compensslion awardcd tr11Jcr 1l1;lr Act , by thc U w r d nnd an!' other cllnrgcs incurrcd hy !lie I , icuic~~anl Gi l i -cr~~ut . i n c o n ~ ~ c c t i o n 1vi1 fi s u c l ~ acquisition. thc land sllall \#c.i in 1 1 1 ~ t3uard or thc Mtrrkct Commiltcc as ~ h c cusc ]nay be:,

Provided [hat ollce a propussl has bccn 11lr1dc by thc !Ioard. i l shall no1 bc wilhdrawn bj, i t csccpr ltlr rciqson:: which may he rccorrlcd h' i t and appro\,cd, by thr: Lieutcr.ani Ciovn C I - llilr.

(2) The Bpatd shall unt. w i ~ l i u u ~ ~ l ~ c previous sanction olthc l.icu~cnant Govern~r . Iransfcr any land \vhich 113s bccn acquircd for the Uonrd or h.larl;ctin~: Cu~nrr~ i~ lcc und~-r sub-sdcrion ( l j or vest i l l i t ur usc such land for n puryim=.:. othcr ihan rhc p\tqlosr. for which i t has bccri ilcquircd. or is uscd as rhr r~ . , rnay hc.

26. Estabkhmen of mnrkeh nf national importance and Marketing Committee t bereof

27. Composidort ol the Marketing Committee for Markctof National Importance

CHAPTER V MARKETS OF NATIONAL IMPORTANCE

Ln this chapter unless the context ohenvise requires,-

the sxpression "market" means "market of national importance" and,

the expression "Marketing Committee" means the "Marketing Committee of n market of national imponance".

salisfied that on

Provjdcd that no such market shall be eslab1ished:-

if it handles less than one lakh tomes of produce pet year;

scction ( I ) ai the national level.

agriculturisls residing in Delhi;

Provided that at least two members will be from amongst those lradcrs and -.

Commission Agents who hold ~ l i c c n c e from thc Marketing Comrnitiee ,

constitu~ed u'ndcr sub-section (1) of scction 26;

the Director or his nominee (cx-oficio member);

11. Executive tommiltee and its cornposilion o f thc mkts. of National Impnrtancc

( e ) threc reprcscn~arivcs of firbei Stoles and union territories 10 he norninatcd by rhe Government, in cvnsul t~t ion with the State Govcrnmcn~ or Ihc ~Xdministrator ofthe Union Territory as, the case may be,

I'roi,idcd that rh: rcprcscnrztives shai l bc ~ h c ngric~llrurists of rbose nrcas from which the commodity referred ro in sub-scction ( 1 1 or section 26 is received;

(g) one rcprescnta~ivc of the Agricultural Markc!ing Adviscr 10 I ~ C Govenlncnl of India.

The Marketing Committee shall have a Chairman and Vice-Chairman to bc nuininatcd by :hc Qovernui~nt from amongst its membcrs.

The members shall hold omcc Tor a tcrm or five ycars. IIowever the mcrnbcr bcing nominated as Chairman and Wcc-Cl~airman,ihcy shall function as such, during the pleasure o f illc Govcmmenr.

Tlic Markcling Commitiec conslitutcd under sub-scc~ion ( I ) of sccljon 26 shall meet at leas1 once in evcr two calendar months.

(1) 'I'hcre shall bc an cxccutivc commiUcc 01 thc market.

( 2 ) ?'he cornposi(ion of thc cxcculive cornrniltcc refcrred 10 in snb-section ( I ) shall be :-

(i) ~ h c Chairman of rhc Markeling Commit~ce

( i i ) two representatives, to be nominared by the Government, of whom onc shall bc holding a trading licence in the maikct and othct shall bc a reprcsentativc of lhc agriculturisrs ;

(iii) one rcpresenrative of thc Roard to be nominated by thc Govcmment;

(iv) rhe Director or his norninec;

(v) one rcpresentativc of a State or Union Territory from which agricultural produce is imported i n Delhi, LO bc nominatcd by thc Government in consul~ation with the Stale Governmcnr or the Administrator of the Union Territory, as thc casc may be;

(vi ) thc Sccrctary or the Marketing Committee co~~stiturcd under scction 27 who shall acl as the Mcmbcr-Secretary or the Commitlec.

(3) In casc or cmcrgency, thc excculive commiticc may dccide issues ~cquiring approval of the blarkcting C,;mt~titi~-c, I i ~w 'cvc r . such dccislons shall be approved by the Markcling Commil~cc within (any-fir,c days from rhc date r.uch decisions are laken. 1-ailure in doing so or i n rhc cvent of disapproval of such decisions by the rnarkciing commitlee, such decision shall stand null and

32. Meetings of Executive committee

33. Term of oK1ce members of the Executive committee

34. Appointment and fanetiom of Secretaryof the ~ m r & t f n ~ Committee

validity of anything previously done under thal deiision:

decision, the decision shall have cffect only in such modified form f i dare of such modificatior~.

The executive committee sball meet as offen as necessav but at leas; on= a calendar rsontb.

Thc members of the executive committee sball hold the oKcc during pleasure of the Govcment .

bvivilh len years of scrvice.

of work which have been duly sanctioned;

performance of any act which requires rhc sanction of the Board or the ?. Markcling Committee;

(v) issue licences lo the Cuncljonarics operating in thc market;

(vi) prepare the u u a l budset of the Marketing Committee;

to kc: x~c-Chairman of the Board who shall huther *port to tbc Government. ''.

I \ ' ] DELI I 1 GAZETI'E EXTRAORDINAKI' p,\<!... - --==---. -, - -- 6 .i /-=,- - - - - - +.- ,- .-=::: >-

CHAPTER VI TI1 F: M.4RKETING COMMImP,E

o15ti(ulinn ( 1 ) Wit l~n~l p r c i ~ ~ d i c c to 1t.c prnvisior~s of ses~ion 26. t!!erc shall be constituted, by nrder lo be published in the oflicial pazelte. by thc Govcmment for cvcry market an3? a Markeling Cornmince and di Kcrent Markcting ro~n~nitrees may be consti:u!cd jrl: rcgu1ati;lg tile markcling of diCfercnt kinds of noiified agricultura! producc markc:cd in I!!C same mnrkct area or any part thcrcof.

(2) e v c v Markering C:ommi~tcc shail cxcrcisc such powers and discharge such fiinctions as m3y bc vcslcd in it by :,r undcr this Act.

-. ?-d lositio sit ion ( I ) Subject lo lhc pmvisinn$ of s ~ b - r c i l i o n (21, (tho Guver~rmcnl may conslilule I of a mark el in^, Comrni~ree coi~sir;ling of'lllc l'cl1lo:ving clct-cn meotbcrs:

r: -

i 5jnrkcting commit tee (a) threc persons to be nor~linatctl hy l l l c i ; t~~~crnmcnt tvho are agriclrIturists

possessing such tlu:llifications a:: may bt. p:cstribctl :

Provided that onc or rhcm shall be a mcmbcr of [he schedulc castcs or other backwarti cl3src~;

(ti) two mcmbcrs to bc rlrctcd in ihc prcscribcd manner from the traders and conkmission ageats holding iiccnces ti) qcr;\te as such in the market area;

[c) one member lo he z~bmina!cil by. ~ h c (invctnmcnt from [he amongst Ihc Prcsiderll clr Chairn~an of Llle ~ o o p r n t i v ~ so~icl ies cngigcd in ihc busi~~ess of processii~g ar mar kc fin^ of h c - ~lotificd agriculture p r ~ d u c e ir: thc markct area:

(d) one member to be clloscn in thc prcscrihcd manncr lrorli the IocnI 3uthorily v;lihin thc loc:ll li~~~ils\r.liosc jurisdic!ion-~llc principal markct i n relation to thet Markcting Comrniltcc is situntccl:

Provided that a person to whoin a Iiczncc h;is becn grullrcd undcr scction 80 shall no! hc cligiblc inr being choscn undcr [his clausc;

(-r) tine men~bcr lo bc clcc!cd in ihc prcscribcrl mnnncr by the licensed weighmcn and me;rsurcrs:

I (f) ooz' mzmbcr of the 1,cgislative Asscmbly o r Dclhi ro bc nominated by the speaker tu rcprcsent lhc intcrest oiconsumcrs:

(g) two mcmbers in be nominarcd by !hc Guvcrnment orwhom wlc shall reprcscnt the iriteresls of consulncrs:

(2 ) When a Markcling Committee is coartiru[cd for the first time, undcr this aci all tllc mcmbers [herco f, including thc Chairman and the Vicc-Chairman, shall bc noiminarcd by lhc Governmcnl.

1 (3) Evcry Marketing Cornmiltce shall have a Chairinan and a Vicc-Chajmsn; I

(4) Without prcjudicc tu thc prsvisisr~s sf sub-scclion (2) the Chairman and the Vice-Chair~~an shnll bc clcc~ccl hy thc men~bers of the Markcting Committee.

32. Meetings of Executive committee

33. Term of office members of the Executive committee

3.4. Appolotmenl and functions af Secretaryof the lWnrl&ting Committee '

decision, h e decision s dale of such modificatiurt.

a calendar month.

The members of the e pleasure of the Government.

( 1 ) Thc Secretary of th Government from wih ten years of scrvice.

(2) subjcct to the sup commi ttce rcferrcd to in section 3 1, the Secreiary shell-

fi) exercise supervisi of the Marketing Committee id rnalrcrs of administration;

(ii) incur expenditu of work which h

(iii) in case of cmc

or bye-laws made thcreof;

(vi) prepare tbc annual budget of ihe Marketing Commi (tee;

I I

DELHI GAZETTE : EX'TRAOK131Ni\RI' PI-! !!:I. .. . . . - . -- . -. I> i

-<- - - .. .. . . - -- --- . --A- -.

1 .. -

+ CHAPTER VI (.

THE MA3KETING COMMITTTE

( I ) willlout p r A ~ ~ d i c e lo ikc prnvisiorls nrscction 26, Ulrrc shall LC eonsLitutcd, b y nrder tn be published in [he afticial cazctre. by thc Cr~vernmcnt for cvery markci a r c 7 a Marketing Committee and different Markcting C~mlnttrccs may be consriiutcd for regu1ati:ig ~ h r markcling of diFercnt kinds of notified agicultura! oroducc marketed in tbe same markct area or any part thcreof.

(2) ever). XIarks!in~ Clommiticc h a i l cxerci~c such powcrs and discharge such funclions 3s may be vcstzd in it l)g ! )r undcr this Act.

4:

kCorppd3jtion - - (1) Suhjcct lo ~ h r provisions of snb-:citi;jn 121. 1l1z Our-krr~mcnt nray constilule 1 of the a Markcling L'om~nirrcc volrsisiing of t t ~ c I 'ol l~~vinp, elcvcn mcmbers:

;~iarketing Conmictce (a) thrte persons to bc noniinollrl by ihc Grrvc-rnmcnt who are agriculturisls

possessing such qui~lilicalions as niay bc prcskrihed :

Providcd that onc o f thcm shall bc a rncmbcr o f the schedule castes or other backwarti cl3s5cs;

(h) two mclnbcrs 10 bc t l rc lcd in thc prescribed manner from the lraders and coalniission sgcrlrs holding Iiccnces to apcr;lre as such in thr market area;

(c) one mcmbcr lo he nnmiaa!cri by the (.invcrnmcnt from thc amongst thc Prcsidcnl rrr Chairn~an uf f11r cooprat ivcl sociclics engaged in lhc busincss of processing or m a r k c l i ~ i ~ o f thc n ~ t i f i c d a~riculturc producc ir. the markc1 area:

(d) one membcr l o br: ciu~scn in ~hc- prcscrihcd manner rroni Ihp local authority wIt11in thC I ~ c i ~ l li~nilsrvliosc jnrisdic!ion-ll~c principal markct in rclation to tbst Markedng Committce is situstcl l :

rrovidzd that a person to whom :I l ice~icc hiis bccrl g a ~ i t c d undcr sccfinn 80 shall not bc cligiblc for bcing clioscrl bndcr l l l is clause;

( 1 one mcnihcr tu bc clcclcd i n Ihc prcscribcd manner by 111e licensed wcigluncn and mciuurcrs:

( one- mrmber o f lhc I.epislativu Asscrnbly of IleIhj to be nominated by the spcaker to rcprcscnt the intcrcst of consurncrs:

(g) two n~embers to bc nclrninetcd by rhc Gc~vcrnmcnt of whom nlrc shall represent the iuterests or consumcrs:

(2) When a Markcting Comrnittec i s c~lr\sfituicd Tor thc first timc, undcr this aci all rtie mc~trbcrs ~hercoi, including !hc Chainnan and the Vicc-Chairman, shall bc noiminatcd hy rhc Gor~crnmcn~.

I (3) Evcry Markcting Committee shall have a Chairinan and a Vicc-Chairman;

(4) \Viihout prcjudicc lo thu provisiclns elf sub-sccrion (2) [he Chairman and the Vicc-Chairn:an shall hc elccted hy thc rncn~bers o f thc Marketing Committce.

(3 4

37. Incorporation of the Marketing Committee

311. Manner of election of members of the Marketing Committee

39. P'ailnre to eIect members

40. Publieatian of names of member of

a Marketing Committee

4 I. Duration of the Marketing Committee

42. Creation of Election Fund

43. Election of Chairman and ViceChairmsn and procedure for election

- DELHI GAZEITE : EXTRAORDINARY . -

Every Marketing Committee including a Marker ing Cornmi lrec Lirr (s) of National Importance shall be a body corporate and a 1 to bc ca,.;d by such name as the Government may, by nor! shall have perpetual succession and a common seal, with such reskicboss as are jmpascd by or under his Act, to conk Loid and dispose oi property, both movable and irnaovabl said name sue or be sued.

The manner of election, prcparation and maintenance of the Iists of qualifications and disqualifications for membership and of Chairman and Mce. Chairman, the right to vote, making deposit and its forfeiture, determination of election disputes, publication of the names of the mcrnbers eIected, and o;,, -

matters ancilIary thereto shall be such as may be prcscribed,

If, for any reason, voters of a category fail to elect a mcmbcr to a Committee the Director shall publish a noricc tn the official Gazette requiring - . " them to elect the requisite number of mcrnbcrs within one month Irnm t&" ,

- date of pubIication of such notice; and an railure to elect the requisire number of mcrnbers within the aforesaid period, thc Government may nominalc the. , requisitenumber of persons quslificd to beeIectcd under this Act, reprc~enting ' that catcgory.

The names of the membcrs of a Marketing Cornmillee shall, possible, be published in thc oficial Gazctte. Upon the publication of tbc - '

names of all the members of a Marketing Committee or upon publication of the names ofatleast nine members of such committee in the oficial Gazette, the Marketing comniittec shall be deemed to have been duly constilutcd. I

Exccpt as otherwise provided in this Act, a Marketing Corn coniinue for three years from the date of its constitution undcr s

Provided that the Government may, by notiftcatian, published i &=tie, extcnd its duralion for such period as it may be deem exceeding one year in the aggregate.

The supcrinlcndcncc, direction and control of the prcparation voters, and conduct of elections to a Markcting Committee a shall vest in Lhc Direclor.

AII expenses in connection with the prcparation of the list 01 conduct of eleclion to a Markcting Cornmiltee, and to rhc Bo sanctioned by Director, shall be defrayed from thc Election P Fund and Market Developmenl Fund. For this purpose, the Markcting - .: Committee and the, Board shall place at thc disposaI of ihc Dircclor such Funds in advance which he considers necessary for the discharge conferred on him by sub-section (1).

Witbin tbirty days of the publication of the names under section 40, the first mecling oftbe Markcting Commit(ee shall bc convened by the Director for the election of thc Chairman and Vice-Chairman.

Such a meeting shalI be pfesidedover by the nirector or any person authoriscd by him in his behalf.

The presiding authority shall have thc same powers-as the Chairman, while presiding ovcr a meeting of Lhe Marketing Committee, but shall not have the

5 c. ;:,q-D!,y?n,;.y,. - ' . +-+.*:. . , , :- . ' - . ,

, - ; .. .,;>.: -.J,.? ,,. 3 , ' : . , ,.. - - . ..

- L -

4.. (4) If,atcheelectionoftheCbairmatloroftbeVice~hahan,thereism equality of votea, the result of the election hall be decided by lot to be drawn in tha persence of the person persiding over the meeting and in such manner as hc may determine.

( 5 ) Ln the e+&t of a dispute-arising as lo the vdidity of eIcction of the Chairman or the Vice-Chaman, the Director if he is the persiding officer, s h d decide

' . the 6sput.e hiir;kelf, and, in any other case, th& person presiding shall refer the dispute to the Director for decision and !he decision of the Director, subject to an apptd to the Government, s h d be final, and no suit or other proceeding shall lie in my court in respect of any sucb decision.

- . , .

(6)' If !he first meeting referred to in sub-section (I ) canabt, for &y reason, be - held within the said period of thirty days, the Directdr shall report tba fact to

. the Government stating the T ~ B S O ~ S for the failme. to hold the meeting and shau act according to the directions of Govckent issued in that behalf. - -

, , -; , .' . ; : . . . ::.; - .

The Chainam and Vici-~hajrman shall nohuithstmding tho e x p i y df their . term of office, continue to hold office untiltbeir respective successors enter

' upoathcuoffices:. . . . - , , 1: - .

~ov idd that the ~ h a k , or thc Va-Chairman is thc w e may bc shall , vacate his ofice if he ceases to be a member of the Marketing Committee . . -

- . . - I

dgneton ' ': (1) : The Chairma of the marketing co~mittcc may resign his o f i c e by writing

:l&rmas under his hand, addressed to-the Director; and resignation shall take effect, . , , - h m the date on which it is accepted by the Director. I iiiie- . . . . - . dr$ ;: 2 .:>: - ' . .

, . .. . . . - , . . : : (2) the V i c e - C b a h p of the inarkcting commitlee g a y resign his off1qo by writing . , .. ':. . , , , . . . . , . ; --- under his hand, addressed to the Chairman; sad the resignati~n s.hH &kc . . - ,

,: . ' . .. - I_ 7 , ctTect &om the date on \vGch it is accepted by the Chairman. . - , :. .

, w . 2 , ,.- . . .

, - ~ r o v i d e d ~ t ~ the resignation from the office of the Chainnaq .or the Wce- . > . - : - . , . , .

C h ' a i h d , as the case uiay be, shall not be deemed to be rtsigmtion from . . .. . < . . . . ' . ' membership of the Marketing Committee. . . , . -

. . . . . - :,?-- ' , - , ,

, .. ,

utqN- ' . ~ u b j e d l to the rules made. in this behalf, ihe chairman of,,a Marketing ibienc'e0f.r '- '# Committee, who absents - himself from three ctsnsccutive'meetings of the -

rftmah . , .- committee; *&out leave of the Director, shaII cease to be the Chairman on ...;. .. : - and fiom t he date on which the thiid such meeting-is held., - . :ho.ut leave' - . , . . .. . . rni i - (1) In the event of a casual vacwicy'in ihc afiec of &&~hl irman or the Vice- :ancy,bf ' - ; . Chairman, the vacancy shall be filled as soon as possible- ,

. , .; - icrs of- . . airman. (a) by nominatioi, in the case of a Marketing Gommiltce cop.itihlted far the fist

time; and . . d Vice- @hbaq

, - (b) in any olher case in the manner provided in section 43; . .

> I !'. - . j (2) Every Chatman or Vice-Chairman nominated or elected, under this section, .

to fill a casual vacancy shall hold office for such period as the Cbnman or . , , : i ,,.

the Vice-Cfuhu in whose place he is nominakd or elected would have >, , : ; : i ' 1

held such oEce'if the vacanv had not occured. ; ! ; . I -

J8. Refusal to (1) hand over chmrge to new Chairman or Vice- (2 ) Chairman

49. Resignation (1) of members and nomination in certain (2) circumstances

50. ~emovnl of members on account of mis-conduct

51. Casnal vacancies

52. Mem bem to Act during vncancy, Actj of Marketing Committee not to be invalidated by infirmities

4- 0

I .

-- DELHI GAZETTE : EXTRAORDINARY

On nomination or election of h e Chairman or Vice-Chairman be, tbe outgoing Chairman or Vice-Chairman shall forthwith h of his of ice to the successor-in-offrce.

1f the outgoing Chairman or Vice-Chairman fails or rcfuscs t charge of his office, under sub-seciion(1 ), the l>ircclor or ;my person sub by him in this behalf may, by order in writing direct thc autgoing Cba or Vice-Chairman, as the case lo be, forthwith to band office together with all records, funds and properly Cornminee, if any, in his possession as such Chairman or Vic

If the outgoing Chairman or Vice-chairman to whom a direction has b issued under sub-section (2) does nor comply with such direction, the Di or any other pcrson authorised by him in h i s behalf shall have the same p as arc vested in a civil court under t hc Code of Civil Procedure, I908 1908) while executing a dccrcc.

A membcr of a Markcling Comrnittcc may resign his oCIice b his hand, addressed to (he Chairman. The resignation shall t thc daic on which it is acceptcd by the Chairman.

If at any t,imc i t appears to [he Government that any Marketing Committee by reason of the resignation of all or a rnajorily of the members .thereof,$ unable to discl~arge the h c t i o n s cunfcrrcd or imposcd upon it by or under this Act, the Government may, by notilicalion, nominatc persons from the ;; respective catepov of members to rill Lhe vacancies of [he mcmbcrs who have resigncd and h e persons so nominalcd shall hold oificc of the tern o f rhc Marketing Cummiltee.

The Govcrnmenr, may on a resolution passed by the Mar supported by not less than sevcn mcmbers of that corn member if hc has been held guilty of neglccl or miscondtr his dutics or of any, dis~raccful conduct or has hcco performing his dutics ss a r n ~ m b c r or hris bcen adjudgcd insolvc~lt:

Providcd that no such membcr~shall bc rernovcd from officc unless hc has -

been given a reasonable opportunily of bcing hcard by thc Govcmmcnt.

be Chairman of a Markeling L'onlmil~cc sliall forlhivilh occurrence of a casual vacancy 10 the Dircclor and thc vacancy shall be iillcd,, . -

as soon as possible, from Ihc rcspectivc catcgory of mcmbcrs in thc prescribed .: manner who shall hold office for the remaindcr o f the lcrm of the Marketing ,

Committee.

Provided that where the remainder of the period for which the Markcling .,.

Committee would have continued is less than six months, it shall not be. ,. necessary to fill the vacancy for that pcriod, unless the Government directs otherwise.

A Markcting Committee shall havc the powcr to Acr, notwithstanding any vacancy in the mcmbcrship, or any dcfect in thc constitution thcrcof, and the proccediogs of a marketing commitee shall bc valid not withstanding that some : person, who was not entitled to be a membcr, had attcndcd, voted or otherwise . taken part in thc proceedings of any such commiltce.

The Chairman, % m a n and other members of tbt,Marketing Committee . 3hBU be paid fiom the Marketing CQ@~F'S Fund such honorsrium, sitting

fees, bavoling~alIowances and other allowances as may be prescribed. I -

55, Powers and duties of the Marketiag Cornmiltees

IARKETING COM ERS A8D DZjTIES

Conrmjtlec :-

laws m a d ~ t herc undcr for rhe market area;

( i i ) to provide such faci li tics Tor inarkelirlg o F not; ficd agricultura1 produc therein as the Board may, Eroni ci~ne lo time, direct;

the rnnners aforesaid, and, For his purpose, may exercise such p o m r s a pcrforn~ such duiics and d i s c h a r p such i'unctions as may be provided by under rhis A d .

Cornmiller may-

grant, renew, refuse suspend or canccl licc~iccs;

chis Act, or rules, rcgulaiions and bye-laws made t1icrcunder;

(iii)spccifying any place or spot whcrc a rlotificd agricullural produce shall be slorcd or displayed far purpose of sale by opcrl nirclion;

(iv) fixing thc lime for holding auction; and

I>i?Ltl i G r I Z E T T E ESTRAOKI~I\~ ,\R\ p,:i-f\I:! - . -- - -- (r 'l e . . . - - - - - - . . - - . . - - . . L J - --- - . - - -, - - - - - - - - - - . - - - - -. - - - -. - . 7 --

( v ) cancelling an auction if it is not heId in the prescncr: of the employees oi' Lhc marketing cammitlcc.

i (h) arrangc for thc cnllcction-

(i) of such notified agricultural produce in (he marker in which all lrade tbercin is to bc carried on exclusircIy by thc Govrrnrnen; by or undcr ally lbw for Ihe lime being in forcc Tor that purpose, cr

(ii)of such ather no~if icd agrionlbral producc in thc market as rhe Governmen! may, from time to timc notily in the official Ciazcrie.

(1) acquire, hold md dispose orany movabIc or immovable properv (incluaing any equipment) ncccssary for the p.xposc of ei'fecictltly carrying out its duties;

Cj! col!ect, m s i ~ ~ a i n , disseminate and supply infornation ir! rcspcct of produclion, salc storagc, processiag, priccs nnd novcmenr or norified agricultural producc ( including informarion relaling to crop~statistics and market iutclligcnce) 35 may be iequired by Ihe Director or t h ~ Doard;

(k) take all such steps to prevent adulteration and lo promotc grading and standardization of such agricultural pt*oduce, as ma? be prescribed;

jl) enforce tbe provisions of this Act and of the rules,regulalions and byc- laws made thereunder including the conditions of the licences granted, under this Act;

(nl) perform such ohcr duries as may bc prcsciibed;

(n) nnange to obtain fitrless certificate oi health f ~ o m a veterinary doclor in respect of animals. cartlc OF birds brought for salt; of sold in the markell su b-market ;

(o) disseminate information about the benefits of regulation, the system of transaction, faciIities provided in the market yard, etc. through such means as postcrs, pamphlets, hoarding, cineme slidcs, fi IPI shows, group mectings, etc., or through any olher mcws considcred by i t nlorc cffecli*r or necessary;

(p) cnsurc payment in respect of a transaction which lakes place in a market to be made on the same day to rhc seller, and in dcfault thercof to scize [he agricultural produce in question alongwith other propcrty of the commissiol~ agent or purchaser if no commission agent is involvcd in the transaction.

(ql ~ a k e arrangement for wciglunen pallcdars for weighing and transpor~ing of goods in respcct of transacrions held :n the markc; yardsub-yard;

(r) recover the charges in rcspeci of'\*-cighmerr and palledars and distribulc the same to weighmcn and paIlcAars if nct psid by rhe purchaser or seller, as the case may bc.

'Inspection of All accounts and othcr registers mainra:.~erl by any person in [lie ordinary accounts etc. by cowsc of his business in rzspcct of any norilied agricul[trral producc and all oficers of B document relaling ro salc and dcIivcrics of sucl~ agricultural products in his Marketing Committee possession and in his o f i c e , eslablishmcnt, godom, V C S S C ~ or vchicle shall

I. Seizure of accounts books, etc. and conducting of semrch - thereof

.kxamine tion of contents uf vehiclesctc. aad their, seiznre

Removal of encrocbment

or thc rules or regulations or the bye-Iaws made thereunder, or that any pe has purchased any notified agricultural producc in conhavcntion of any o provisions of Lhis Act, or rulcs or regulation or the byc-laws madc thereu

For purposcs of scction 56 or sub-section ( I ) , thc omccr or servant may cn( and starch auy of busincss ~varchouse. office, establishment, godo vessel rrr vehiclc where such officcr or semant has rcason to believe thar s pcrson mail~tains or for the linlc beinskeeps or maintains any accounts, rcgi or docunlcnts of his busincss or keeps stock of nolifted agricultural produ relating to his h~tsiness. ;

At any time when so rzquircd by any officer or sen'ant of a market cornmitlc cnipbwcrcd by i t in this behalf, n'hcnever zny vehiclc, vessel or ot l~z

and adicss of the tradcrs or comnjission agent.

orolber amount duc undcr this Act, in respect of such producc has not been paid. Such seizure shall be rcportcd forthwith by Lhe oficcr or scrvant aforesaid to a Magistrate having jurisdictinn to Lry the offencc undcr this Act, and thc provisions orsection 457,458 and 459 of thc Codc or Criminal Procedure, 1973 (2 of 1974) shall, so far ns may be, apply to rclalion to the notified agricu\turaI produce seized as aforesaid as they apply in relation to the property ssizcd by a policc oficer.

rcvcnuc.

1. power of the Marketing Comrniitee lo open collectios centres for marketing ~f specified produce tr.2 pfl::..iuiaas for receip! end paymeut by purchaser

I i !

UtLll l CiAZETTE E.YTMORDINAWY - - - . - .- -- 7 1 - - ...-- - . . - --------- .- i

Kxplona tion:- For rhc p q o s e s oflhis section; cncroachmen~ shall also ini.1 uJc storing or exposing for sale any kind of agricultural produce at a place i n rlis

market 3srd a~:d subdyad rhc usc of whicb i s prskibited Ey the Markrtir~g Comrni:tce i:v purpcses rnarks:ir!g.

I

, A Marke l i r~ Commitlee may cunstirute oneor wclrc sub-cclmlii~ces cotlsis;r~tg of s~~chnizmbcr; ~ i t ! l e crllwnjlcce i t may think 51 mil may, subjccr to SIIC:~

rcurriciinos and conditions as may be specified ill the rcgulalions, dc!c.garc lo such saS-como~ittccs such of its pcwcrs .7r duties 3s i t may think li!;

Provided that a sdb-cfin~duittcc may, wvirh rhe approval of the Board or of rhc ofliccr a::Ihr:riscd by ~ h c b a r d in this hchnl I+, c o - ~ p l arry person 5% ho is ntir member thc hfarkc~ivg Coiuiniucc.

(1) A Flirketing (lo,mniltcc dull. aulhorised b y i!,c Djrrcror by noiificaiion published in thc Gfficial Gazette, for thc p q o s e , may, by an ordcr puhlishcd in the OrticiaI Gaze-(te and in such ~ i h t r manner as il dccrns f i ~ , for !hz informatic3 of thc puhiic, operi col1c;linn celltres for collecting thereat the produce speciced in such order (hereinafter refcrred to as the *I spe.::licJ • ~;roiiucc).

( 2 ) If n pcrson wishcs 10 sell any specificd produce in a market area, he shall tender all such produce at h e collcctioir ~cn:re aaly csubIishcd for the p q o s c uhdcr sub--seetion (1):

Provided lhat nlry :uch s p c c i i c d produce maj- be tcndercd lhrough n commJssion agenl or 2nj' agency specificd by order by the Dircclor in [his bchaiC;

(-7) Tb= Markcting Comrniticc sl!'sll, on the salc of such produce;gct it wcighed, neasurcd or coun~cd, RS the casc may be, fbtthwith and arrar.gc for h e isiue of a rcceipt thcreof lo the persan who bas lendered thc product: at the collcction centre for sale, or, to the commission agcnt orany agency, as tbe case may bc, and shall also arrange to supply a copy of the receipc to thc p~lrchascr.

(4) Such rcceipt shall conlain the following particulars, that is lo say-

(i:, nnrne of thc collcction centre;

( i i ) name o l [he tenderer;

( i i i) name of the purchaser;

(iv) name of thc cammissiun agent or agency, if auy;

(v) name oflhc specificd producc, the weigh, Lneasurc or nurnbcr thercof, as thc case may be, and the fccs paid for weighing, rncasuring or counting such produce;

(v i ) grade and variety of specified producc, if aiy, and the rate;

(vii) the amount lo he paid to the Markcting Commitiec by the purchascr or the commission agent, where thc saic is though such agcot;

4-- - (vii

(XI

(xi)

(xii

( 5 )

fit. Power to - Icvy and

collcct markct fee

Presumption regatding salc of agricultural produce

hlarket fee to

be collected once only

Collection of ni~rket Tee From commission aged

by the Marketing ConuniRee;

Cooprativc Socictics Act, 1972[ 3 5 of 1972);

respec 1 of the speci ficd produce;

purchased by him.

under this Act.

'I-he purchaser shall on rccciving a copy of thc rcccipt, pay forlbwith theam& ro bc paid by hirn that is to say thc sale vaIuc of the produce and the amount o market fcc to thc commission agcnt or agcncy as the case may be in cash,

nmounl durcrn~incd by thc Govcrmerii by notification publid~cd in the ol'ficial- Gazclte rronl cvcry purchaser oinolificd agricultural produce sold in a market -:j! arca;

lcss ~ h a n nne mpce pcr one hundrcd rupccs of rtlc sale price oC thc notilicd . '

agricullural produce.

No market fec shalIbe levicd and collcclcd in the samc market area again in ' ..

commission ngenr in thc manner hereinancr given, namely-

DELIfI GAZEITE EXTRAORDINARY - -

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

7 3

agent [he

) Every commission agent shall furnish periodical return showicg receipt of agricultural produce by him and his turn-ovcr to the Mnrkcting Commitlee on such d ~ l e s as may be spccificd in h e byc-laws;

( c ) Every comn~ission agcnt shall pay to the Marketing Committee in the mmncr and at such intervals as spccificd in the byc-laws h e full amount of t l~c marker fee due from him under Act, according to the return refer to in thc clause (b) and shall furnish the receipt showing payment alongwith such return;

1 Explanation:- Far purposcs of this scclirrn-

(i) "turn-over of thc commission agcnt shall mean the aggregate amount of saIe price of the notified agticul~ra1 poduce during the period to which the return relares, wvhcther actua!ly reccivcd 0:- no{;

(ii) "return" s::;I1 r,\ear; ~ h c return in rhc ib.m as prcscribcd in the bye-laws and accompanied by a receipt showing proof or full payment of the market fee according to such return.

1 kl~rsrnieo t ( I ) If no return is furnished in respect of an;: pzriod by the specified dale, or if ! snrket fee the Marketing Committee is not sulisficd that the rerurn furnished by pynble by commission agcnt is correct or complete, an officcr of the Marketing mmmission Comrnittec specifically autborised by i t ill this behaIi(hereinafttr rcfcrrcd lo

gent and as the assessing oficer) shall procccd in such manner, as may be prescribed , .

p,ymeol in the hyc-laws lo assess, lo LI:c best of his judgement, thc amount of market tce duc from such cummissinn agcnt:

Provided that bcfore linalisliing any such asscssment, the commission agent concerncd will be given a resonable opportunity af showing cause as to why Ihc assessment should not be finaliscd.

(2 ) The amount of Ihc market fee assessed undcr sub-section ( l ) , l ess than sum, if any, already paid, shall be paid by the commission agent within fifteen days from the date of the rcccipt of thc assessment order by him.

(3) I i any commission agent fails to pay the amount of markci fee as rcquircd by sub-seclion (2), he shall, in addition to market fee due, be liable to pay simple

, interest an thc amount so duc at two perccnt per month from thc datc immediately following the Iasl dale for submission of return under clause(b) of section 65, upto the datc of assessment undcr sub-section ( 1 ) and at theratc of three pcrccnt per month thereafter till reaIization.

I dppeal by (1) Any commission agent aggrieved by ,any order of the assessing oficer under tommission section 66 may appeal to the Director, in the manner prescribed, within lhirty 'gent against days of the receipt of such order by the commission agc.n:pt. messment of market fee. (2) The Director may pass order on an appeal referred to in sub-section ( I ) , -

i (a) confirming, reducing or enhancing the asscssrnent; or

(b) selling aside rhe asscssmcnt and directing the assessment officer to mnkc

68. Order of appellate authority is final

6% Liability to pay market

. fcebyaflrm, etc.

tn. Liability to pay market fee h case of death of a trader or a commis~ion egen t

against such cnhanccmer~r.

commitlce,

shall be joinily and severably ljabIe for such paymenl;

!hc date of his retircrntnt in the Mdrkclihg Commiitct by a notice in bchal f in wif ing wtd shali be Iiablc to pay the make( fcc remaining unpai the rimc of his retiremcnt and any maskel ice due uplo the date 61 rrtiremcnl thauzh unasscsscd on that dale:

Wberc a trader or a commission agent is a firm or an associatiun ofpersang, a Hindu Undivided Family and such firm, association or Family-b discontinued husincss:-

the market fcc payable under this Act, by such firm, associarion or Family upto the dare of such discontinuance may be asscsscd as if rio suchh dIsconlinuance had takcn place; and

to "dissolution" or "parti tion" a9 the case may be.

Where a trader or commission agent dies-

:...... .. - .. .. - -.

the pravisiona of this act, shall, so far a3 m'aybt, apply to such legal representative' or other person as if he were the trader or commission agent

.>< ,. :7 @) if the business carried on by the trader or commissi~n agent is discontinued *. . . after his death, his lega1,representativt shall be liable to pay, out of the estate

\;:&-, _ . . . . . . t,;;,,: '-:

of the deceased, to the extent estate is capable of meeting, the amount of the , - market fee due fiom the deceased whether such markct fee has been assessed <<.. , .

. ::. . -before or after his death but has remained unpaid. .- . . . - . . . . . . . . . . ;

;, . . ,

.$'-. , . ,?:;:. c,.: , ,,: . : I . . .Explanation:- For h e purpose of this sub-section "legal representative" has .6;.-' . . . .:.. -..i 5 .. the'medng assigned to it in dause (ii) of section 2 of tbe Code of Civil .

' . ,- ! , - I - - - . , Procedure, 1904 (5 of 190B)i

. , 's.' .h:-; .. . . . . . . . . . - . . > . . , . , , .. . --4-

.: .- +-.,; . -Every trader or commission agent shall furnish to the Mwketing Committee change of . , tho information about the change of constitution, discantinuance of the.

af h.: .;i- -1- business, dissolution, partition of a him, compaiy,' corporation, -association . . .' of persons, sic. br the death of-ant pekon C O M F C ~ C ~ therewith within fifteen

days of h e occurrence of any of mich event. '

, , - . . , m . :. . - ( I ) 1 1 e Marketing Committee mai, f& the pq&rcs of meeting fhc'expendihlre

- on lands, buildings and equipment required for establishing the m'qket, obtain a loan from the Government on such terms and conditions as it may delcmine.

,, - , (2) A Marketing Committee may, With the previous approval of Ihc Board, obtain .: ., . loans from hq o.her marketing committees on such donditiov, as may be. ;-: . m - .. - I .. , , . -4:: specified by the Board.

$2 - . . ' e ; : :. , ' : . . . . . , . L . . . J-?,.-- . , . . ' . ' . ,. , I .

4.- . ,-_ , . .i . " , -. w: - , . - (3) A Marketing Committee shall graht loan 'ld another ~ & k e d n ~ Committe, if

1 !$'- . .

. -., . . ., . ... so directed bj.the Board, for carrying out tbt purposes of the Act, , . , ' - - , .. ,. : .'.: - - - ;.. ; .+ ..-- - . . 9;. ;,. ,:i,:!,? ,!!h. . .I.' .

IJ;Becutioa p: of 1 Evory conkact entcred into, b i , a ' ~ a r k e t i n ~ ~drdmitttk shall be in writing and --tontract'-' . shall be signed on its behalf by the Secretary. . - ' . . . . . '. '. .: " ,I. . :- !;;;-!: ;,\, i - - < ! . . -'I , 4 . . . ' ..

: (2: ; >4: . ..: .... ..lll ' -: (2 ) . :,No -contra& othei than a conbiit cxecuied i prov'idcd in sub-section (1)

- :F. . . -. - , . : : shail be binding 61i tht ~arketini)l~&iiiii~tee: ,$: i.

- , . , . 4 , .., ! .'!!2 :'<* :- , . - . - - 0

q:-, - ,,:;!,:fi:!? : > : . - y - ,:.. " .Ce~fp im ii i . ( I ) 1f 'my dispute Ares bchvein ia;j~~pe~t+ifipoihte4&der 1hd Standards of : , !.&pot& <.: Agarding - wiightn and M e s r ~ c s (Eofdrccjnsnt) Act, 1985 (54 oE 1985) and any person

~onatraction.oT'-: .: . interested, a3 to hi meaning'ofcbns~ction;'ofiny iule 'made under the Act iv . - -

rnlw,etc,:ribout - or as to !he merhod of verifylng;'k%'Ykifying; adj&g~~?stampiog any weight . . .

!,$eightr snd :, :- or measure ar weighing or measmg instwent, in . y y market area, such. I . > . -.

,. &ss-i$~i- ,! : I . dispute may; at thc requ5st o f i~dpe~ iod iD'fe$sted.~rm~f the ~nspec'ior :kcl .-'

; d&rdg~ ihd:~ : . . refetrtd to'fhe ~o&oll&'a~~di+.d milk thbrAcc- h d the decision of the'. '

, .T .,. ..,.. ,.. . ...: ... ..Controller shall, subject to'the p&sions of sub:secti& (2), be final. ... . . . . . . . . . . Con?hlGir of weight ,, . . - ,2.!y.:.!,,.- ,; ,.. ,,,<, I.,;:-- , ' , , L - :, , . - . . - measqru.

. . ; (2) An appeal shall I]=, iiithin sici tima Gd: iii sudh a-er as may be prescribed, against the.decisionlorder under sub-section (1) to the

-. . - . - . . . . .. . , i . . i Lieutenaht -Goveinor or ruc4'0firei as he hay, by bider, appoint in this. . -

, u J .. , . behalf and thc decision of the Liedenad Govemor 'dr such officer, as the . . ... case be, &all bc final. .,,,.. : ' 1 - " . '

- .>

. ,

. . . ; . . . -

, .. . ' . I . ' ", .:

- .

' DE[.H( G hZE7TE . EXTRAOqITARY 76- -- CHAPTER-VIII

OFFICERS AND SERVANTS OF BOARD AND MARKETING COMMITTEES , Ji

75. C o n ~ t l l ~ t i d n (1 ) of Marketing Service

76- Power of the . ( I ) Board to make regulations a bout cbnditiona of (a) service

There shall be service- functionwise1 branch wise to be called the u ~ t ~ AmculWal Marketing Service" (hereinafter rcferrcd to ms " h e MarkcN Service") common to all rhe Marketing Committees and the Board forth purpose ofproviding oficers or staff of a11 ranks as may be necessary for h: performance of their respective fmclion.

Every officer and other employee serving thc Uoard or a Marketlag Com~&-; prior to the constituiioa of the Marketing Service, shaIl continue to bold 06- by the same tcnure and on the same remuneration and on the s a m e terns condition of service as he is holding on the dale of commencement of G~ ,:; Act, except wherc such tenurc, remuneration and terms and conditions : altered by the Board, wilh the prior approval of the Government:

Provided &at the tenurc, remuneration and tcms and conditiatl of serviceof.,:. my such officer or employec shall not bc altered to his disadvnncage '~;ithout.:i' the previous approval of the Gavcmruent.

The Board may make regulations to provide for any one or more, of the ; following matters, namely:-

the tenure of ofice, salaries, and aIIowances, provident fund, pension, :, gratuities, leave of absence and other conditions of service of oacers and :' empioyees appointed in the Marketing Service and othcr staff. . .

: -

(b) the gulihiatioa of rmdidntes for vaious posts and the mamer a f stIection for appointment thereto. . , -.,

(c) Lhe procedure to be Fol!owed in imposing my penalty, suspension, h e authority to whom aa appeal shall lie,

( d ) any other matter which is incidental to or necessary for, rhc putpbse of . regdating the appointment and conditions of scrvice of pcrsons appolr~ied to semices md posts under the Board or under a Market Committee and any othcr matter for which, in the opinion of the Board, provision should bc made by regulation.

(2) No regulation under sub-sidioo(l0) shdl be made errrpl with ch prior , -1 approval of the Government. -

77. Liability for A member of the Mnrkcting Service shall be liable to be transferred to the transfer Board or to any Marketing Committee or from one coolrnirtce to another

committee or any staff member from the office of Board to any markot committee or any Marketing Committee to &e Baud against the comparable post by the Vicc-Chairman of the Board as laid down in the regulalions.

78- F~actions of ( I ) Evcry Marketing Committee (except the Marketing Committee or national Secretery of Ihe impomce) sbali havc a Secretaty to be appointed by the Vice-Chajman of Marketlug the -Board to the extent of fifty percent of the post from amongst the pard Committee provided by thc Goverament, of the Union Territory Civil Service officers

with at least five years of service and fifty pcrceni of the pmt sholl be filjcd up by promotion from amongst the oaccrs of the fetdcr cadre, rhnt is lo say, the of iccr belonging to the Marketing Service after having qualified in a d e p m e n t a l examination to be conduc~ed by the Dire~toratc of linion

I

1 p,,g~d\[L.- DELHI GAZETIE : EXTRAORDIHAflY -- - 7 1 . - - Territory Civil Service,Delhi inconsultation with Lhe Director. All olher posts

in tlie Marketing Service of the rank of Deputy Secretary in the exisling pay scale of Rs. 6500-10500 and above, shall be filled in by promotion horn the officers who qualie the aforesaid departmental examination.

(2) The S e c r e w shall be the executive officer ofthe committee and the custodian of all the records and properlies of rhe mmketing committee and shall exercise and perform thc following powers and duties, in addition to such other duties as may be imposed on him by this Act, the rules or bye-l~ws made thereunder. nameIy:-

(i) io convene meetings ofihc marketing commiltce or its sub-committcs, if any, and maintain minutes of the proceedings thereof;

(ii) 10 attend h e meetings of the marketing commitlce or its sub-commiltees, and take part in the discussions but shall not move any rcsolution or vote at any such meetings;

(iii) to take action to implement lhc rcsolution of the commiltce and o f the sub- committee and report progress in implementing such resolu~ions to the commil~ce or the sub-commitlee, as the case hay be, as soon as possible;

(iv) to prcparc a statemenl of estimated rcccipts and expenditure of thc marketing c o m i t t c e for such financial year;

(v) to furnish to the Govcmment, Direelor, markcting commitrcc and the Board such returns, statements, estimates, slatisrics, and reports as may be required or called by them from Limo to time including reports-

(a) rcgarding the fines and penalties levied or any other action taken against thc market functionarips and others;

(b) regarding conlravention of ihe provision of the Act, the rules, the regulations, the byc-Iaws or ihc standing orders by any person;

(c) rcgarding suspension or cancellation of licences;

(d) regarding administration of the markcting cornrniltec and regulation of' thc marketing;

( v i ) to produce bcforc the commitiee or the sub-committce, as the casc may bc, such documents, books, rcgisters, and thc like,.as may be necessary for !hc transaction of the busincss of the committee or the sub-commillec, and also whenever called upon by the market committee so to do;

(vii) to exercise supervision and conbol ovcr the act of all officers and sewantsof the committce;

(viii) to collect fee and other moneys IeviaMe by or due to the market cornnlit~ee;

(ix) to bc responsible for all moneys creditcd to or received on bchalf of the markcting commirtec;

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

7 H - DELHI GAZETTE : EXTMOKDINARY

(xi) to report to the Government, rhe Uirecror, the Board, and the Vice-Chaiman of the Board as soon as possibIe, any fraud, embezzlement, theft or loss of marketing committee fund or property;

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

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

DELHI GAZETIE : EXTRAORDINARY 7 !, pa1 I i ' I --

(b) by the markcting committee in any othcr case;

5-- - - - CHAPTER- M.

MARKIETMG OF AGRICULTURAL PRODUCE

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

- 8

operate in the market area or in any lnarkct thcrcia as a tradcr, conmission agent, broker, processor, weighman, measurer, surveyor, warchouscm~n or ill any other capac~ty in rclation to the marketing of such agricultural produce.

(2) Nothing sub-section ( I ) shall apply to thc rctaii sale by an agriculturist of his own produce.

,gttlslionof (1) subject to he provisions of this section and of the rules providing for regulating I hketing of h e marketing of agricultural produce in any place in the market area, no I

r i c ~ l t ~ r a l pcrson shall, on or after the date on which an area is declared under sub-

odl~ce section(1) of section 4 to bc a market area, without, or otherwise than in conformity with the terms and conditions of, a licence granted by-

3 ) All comrnodirics of notified agricullural producc brought inlo the market arc a for marketing sllall be brought into a market specified for such producc and shall not, subjccl to the provisions of the byc-laws, be sold nt any othcr place outside such market. All transactions/salcs in ~ h c notified. principal yard and sub-yard sllall be ~hrougl~ open auction only.

. rnt or 1 j Suhjccl lo rulcs made in this behalf, a marketing comrni tlee may, after making nce such inquirics as it deems f i t , grant or rcnew 3 licence for the use of any place

in ihc market yardarea [or [her markcting of agricultural producc or for opcraling lhcrein as a trader, commissiun agen, broker,processor, wcighman. mcasurcr, surveyor, warchouscman or in any olher capacity in rclaiion Lo l l ~ c markcling of agriculrural produce or may. aflcr recording reasons in wiling, refuse to grant or rcnew any such licence:

Povided khat wherc a marketing cornmit~ec has no[ siertcd iuncrionirlg, 111c Director, subject lo any rules that may be made in this behalf, may grant or rencw a liccncc for the markcting of agricultural producc or for opcrali~~g In the market yardlarca as a tradcr, commission agcnr, brokcr, processor, w e i g h i ~ , measure, surveyor, warchouscman or any othcr capaciry. -

(2) A licence granted undcr sub-scction ( I),

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

( i i ) places at which weighment and delivery of agricultural produce shall be madc inany market or market area andon payment ofsuchfeesasmay beprescribed.

( 3 ) If h e marketing committee or the Direetor,as the case may bc. rails to grant or renew a licence within a pcriod of sixty days fiom the dale 01-rcccipl of an application in that behalf, it shall be decmed that the liccnce hi:: hecn granlcd or rcnewcd, as the case may bc, i f such grant or rencwal 1135 nut hccn refuscd

81. Power to cancel or suspend licence.

82. Appeal

83. Provision for settlement of dispute

Subject to the provisions of sub-section (3), a marketing cornmiflee may, reasons to bc recorded in writing, suspend or cancel a licence granted r e n e w 4 under h i s Chapter,-

provisions of the Act, rules and bye-laws made thereunder;

his discharge; or

i f the holder of the licence is convicted his discharge; or

proposed action.

Any person aggrieved by the order-

Chairman ofthe Board.

heard, and rccord in writing the reasons for such dismissal,

For the purpose of settIing disputes between buyws and selIers of agricuIhua! produce or their agents including any dispute regardina quality or weight or - . payment, or any matter in relation to bt regulation of marketing of agricultural

DELHI GAZETTE : EXTRAORDIN.4 RY $ I . pi ---- - - - - - - . - .

produce in the market area, the marketing committee c~nslitured for that markct t

I area may appoint arbiirators or consliture, from amongst its members, a sub- . committee.

(2) The method of appointment of arbitrators, the constitution and functions of the sub-committcus and rhc fees, if any, that may be paid by parties for thc se~lement of disputes. and other incidcnlal matters shall be such as may bc prescribed.

(3) Any party, aggrieved by the decision of the arbitrator or the sub-co~nnti:rr.c, as the case be, may prefcr an appcal from such decision to the Doard wiilijn such time and in such manner as may bc prescribed.

, Congtitutioa of market Development Fund

A pplicetion of market Development Fund

-

CHAPTER-X DEVELOPlMENT FUND AND MARKET F

( I ) All moneys fccuived by thc Board shall be credited into a fund to be called Markel Development Fund.

(2) No expcndilure from the Market Development Fund shall be defrayed unle i t is sanctioned by the campeient authority. The Market Development F~~ shall be operaled in thc manner as may bc prescribed In thc rules.

Explanation:- For h e purpose of mean the Board, or Vice-Chairman or the powers of the Board to incur expenditure bavc been delegatcd, as thc ]nay be.

(3) The amount standing to the credit bc kepr or invested in such martncr as may bc prcscribed.

(1) Thy h13rkct Deve~oprncnt Fund shall functions entrusted to it under this Act.

(2.) Witho~~t prejudice lo thc generality Fund may be utilised for the folIowi

( i ) better markcting o f agricu!nlral p:oducc;

( i i ) co! lcctjon and dissemination of mar rc la~ing 13 marketing uT a~rjculmral

( i i i ) grading and standardisation of agricultural produce;

j i v j in~provemcnt works in the markets and their rcspcclivc arcas;

( v ) :irql~isiiion o i land for construdio . cluartcrs, ~r:iirli~ig ccntrcs, and mainlcnancc ihcrcof;

(vi) acq~~is i l ion of land fur developing dcvclopmenl I hcrcof;

(v i i ) giving aid lo financially weak markcting committee in the shape 01 grant or aid or both;

(vii ilpayment of salary allowauccs gra compensation for injury or death resolting from accidcnrs while on duty;

(ix) payment of olhcr dues to staff such as leave euceshmenl on retircmcnl or yearly basis, medical aid as may bc laid down in tbe service regulations;

jx ) paynlcnt of providenl fund, Ice governmcnl scrvanl on depumt rcimbursemeor in casc of hospilali in scrvicc rcgul ations;

(xi) payrnerlt of ~ravclling and other al l nlcrnbcrs w d employczs of the Doard;

IIEI-HI T; :/E I- I E EXf~RrZO1<I)IN.'II:?' s - p , I - - . . . . . . - - - - - - - - . .. . /-- . - -- _ ._ . -_--..- - - - - - .. - - - - -- - - - - ...

/ ( ~ i i j mcc;ing of any legal c:..pccses b> ihs Roard;

(~iii)con~liuclion of godo\lms. if requircd by rhr markding commi!lcct mark,-! comolittccs;

(xiv) expenses i n c w c d in a{~diting thc accvunts rrt' ti::: hoard;

(XV) organising or atranzing rvurkshops, szt~linars, f i xh i t i~ ions , tritiiii , : p programmes ~ L L . 011 d ~ ~ ~ c - l o p n ~ c n : ol' agr icu l tur~ l m:ir%cting i n ~ t u i . ; ~ p participation thercin;

{ ~ v i i j c x e c u t i ~ n of any c ~ ~ i ~ e r Lu;ic~iom'\\oik assigr. ..d t ~ j rh? !!pard undcr this A c t cri.

as dircclcd by the Govcrnmcnt.

$5. Accolln ts to The accounts of all receipts and crpeadl: :~~.~ ; i :i!c !::lard and of cil, 11

be kept rnarkctirlg commilree sllall he k ~ j r t in such mn1lr.i:; ;.lid ir l scc.11 Fc~r!n as 111 :):

bc prcscribcd by regulation.

1. Audit or ( 1 ) The account of the Bcr:ird and [he markcrifig ~ij::!nariec sh.111 bc ait::itcd 5:- a riccounis. person or pcrsorls aut horiscd by the Dircclcr.

(3) The Vice-Chairman or any other officer of the Board ar ihc hf-larkctiqig Committee, as the case may be, shall furnish lo the pcrson auditing Ihc accolj.iI~ a11 such information ns io any transaction and working of h e Board or ihc Marketing Committec as the case may be, as such person may mquirc.

(4) The audit fee, as may be detcmincd by rhe Director. shall be paid by rhc Bo~xd or Ule Marketing Cornrnittec,.as the caw meg be, in the manner spec1 1 ,.;. b y h i s i i . Y-TII~IIS.

B8- Constitution 88. ( 1 ) A11 fecs and other moneys reccivcd by a Markelifis Commilicc under this . \ ~ t ,

o r Mnrkel Fund, all s u m s rcalised by way ofpcnal~y (othencisc than by way of tine in a ctimi#;.Il

i ts custody and case), all loans miscd Ily ~bc: ccrtmiitee, and , 1 1 1 p c m l s , loans or contribut i d l f i i

investment. made by the Go\.cmmcnt to (he conunictee, sh:~ll irom part of a fund to hc called the 'Matkc! Fund'.

Explanation:- 'She ai.Jil for any year under s?~!.-secti~!i i ! ; s h ~ l i il,rluc!f.

("1 cxamir~ation and vcrificatiun ol' cash ba1ar.c~ and olhcr sccuritil;~;

(b) valuation of lhc -4sscst and Linbili!ics;

(c) invcsrigations into and vcrificaiion of thc ci rcr~mslnnccs and rcasolls fur [he variation betwccn rhc budgct eslintatcs an3 actual expcuditure;

(d) audit of he work accounts;

(c) physical verificalion of storcs and stocks.

(2) The person audiling thc accounts of the h a r d or of a markctirig c o m ~ n j ~ ~ z c shall have frce acccss lo a11 the books of accounls and to all papers, voucl~cr:;. stocks and propcriy and otlier rccords and correspandencc rc tat ing :o accou~i! a of the Board or of the marketing committee, as the cnse may bc, who sllsll I?< allowcd to verify the cash balanco and physical check of such propcrt3-.

AppUcaCion of Market Fund

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

(iv) the mninteriance of standard weights and measures;

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

mnrkoting of agricultural produce;

(ix) expenses incurred in auditing thc eccounts of the marketing committce;

payable to number for allending the meeting;

Capital Temtory of Delhi to the extent required for salary of t he cmployces of the Government as providcd in cIause (b) of sub-section (23 and sub-section

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

(xvi) incurring of a11 exp'enses for r e s m h , extension and traiaing in marketing 1

(xvii) prevention, in conjucdon with other agencies, State, Union Tcmtoxy, CenUaI and others in relation to distress sale of agricultural produce;

(xviii) fostering co-oprative marketing and assisting co4prative marketing socittics in the procurement and organization of profitable disposal of produce particularly h e produce belonging to small and marginal farmers;

( x i x ) acquisition of land for consbuction ofofEce building, guest house for farmers and visitors and staff quarters and maintenance thereoc hiring built up accommodation for office use, guest housc or for other purposc of agricultural marketing;

(xx) any other purpose connected with the marketing of agricultural produce under this Act whereon the expenditure of the markoting,committee fund is in the public interest subject 10 the prior sanction of tbe Board.

(xxi) contribution ta centralized pension fund of the Board as may be prescribed,

(2) Without prcj judice to the generality of sub-section(1 ), cvery marketing committee shall, out of fhe "Market Fund" pay-

(a) to the Board, as contribution, such percentage of ita income derived from the licence fee, markct fee, frnes received as specified below, to enable the Board to defiay its cxpenscs on office establishment and other expenses incurred by it in thc intercst of the marketing committee generally,-

(i) lf the annual income of s marketing committee does not exceed ten thousand rupees, lcn-percent.

(ii) if the annual income of a mnrkethg committee exceeds ten thousand rupees but docs not exceed fifletn thousand rupees, on tbe first Rs. 10.000 ten pecent.

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

(iii) if the annual income of a marketing committee exceeds fifteen thousand rupces, on the frrst Rs. 10,000 .. Ten percent on the next Rs.5,000 .. FiAeen percent on the remaining income.. Twenty pcrcant

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

(3) The Govemment shall determine the cost of the special or additional staff referred to in clause @) of subsection (2) md shall, d e t e the staff is empt oyed for tho purposes of more than one marketing committee, apportion such cost among the marketing commitlccs concerned in such manner as it thinks fit and the decision of the Govmunent determining Ibe mount payeble by any marketing committee shall be fmal.

.ket Fund All moneys payable to the credit of the Market Fund and all other moneys t kept in bank received by a marketing committee shall bc kept in a bank or banks as may be

approved by special or general order issued by he Director.

86 -- -

CHAPTER -XI BUDGET AND ACCOUNTS

91. Budget and ( I ) Evcry marketing committee shall prepare an Account of a and expenditure for the ensuing y c a in the p

Marketing it to the Board for sanction before the pr

Committee sanction the budget with or without modification within three mo the date of reccipt bereof. I f the budget is not returned by the Bo three months, it shall be presumed to have been sanctioned.

(2) No expenditure shall be incurred on any it sanctioned budget thereof, unless it can be under any other Read and bas sanction Chairman of the Board.

92. Revised or A marketing committee may at any time has been sanctioned, cause a revised supplementary

., passed and sanctioned in the same mannc bndget

93. Power to (1) The marketing committee shell issue o execute work prescribed in the regulations relating to

or its bye-laws.

(2) The Board, white according the sancli execution of any development, mainlen discretion, direct that the execution o of the Government or lo the Board or t other agency authoriscd by the Boid .

94. ~ c c o a a t s to Every marketing committee shall kee be kept receipts and expenditure in s u c h m a ~ c

9s. Preparation ( I ) At the end of every ycar, a marketing c of Balance and of receipts and expenditure and a ba

and prepare an m u a l administrative administrative report as may be prescribed.

(2) Copies of accouols, balance sheet and section (1) shall be submitted to the may be prescribed.

I .

1,L:l.i iI Ci:\ZF'rl 'C FiY'l'It,l(!T<ljINhR\' S 7 i '.'! , . - ... . - . -- . - .__.- - . - - -.- r..:. - - . . . .-.. - . _ -._.. - - . . -- -.

..--

CHAPTER-XI1 CO NTRO I.

(a) ijjsprc! 0; i . ? ~ ! . q : ~ I - he iricl-wted Il:c accorrnls and rrfiic~:r of ir 111;trl;cling cnu;i:lirtec;

ih) hold vnquirq i.i!+> ikc: sfl3irr:(1f,;1!iarkc:i11gcommittcc;

(c) call l'rnl*l ;r rr: ~rk,?'lir.p ca:rlir~i!:cc ai l? ~.:!:lm, sr;~lcmc.~!, ?r'c.?un~s 3r reports whi.::~ 11,: f!l'i!J ~ > . i < i k :it:

{ d) rc{]!>j:-r .: ,:l~r5.r;! ir: ' ~ ~ I W I ~ ; L ~ C C i S !akc j 1 1 1 c b ~l? l l s id~rai iar . - b -

ji) any ;:!?/c.!irrlr ->I! !!! : glau:ld r ! r iil2gatilj. inj;~prdicr?cy or i r?p-rln~-icly which a p ~ ~ z ; ~ : !-.I I:!~LJ c,<i3[ xvit!~ i<4>-,~toi !O ~ ! i c Jni1:g t~[zny[hinc*, - ~ * i l i ~ , l : i s :,~uc; . . be d r j l i ~ , : is t c i r : i l -7 2 o i ~ !-.,+ ( t i r~~~ bcbnil I.:[ = U C ~ cr~n~i:iilt:i:;

1 - Cuiy of ( ! )

offilicz;.~, scrvnnts and ~numlrrrs o f marlictinp, commit tee to iiirnislf i ~ f i ~ r : i q n tion !o nirc'ctor or,

: ~ l i ( h ~ ! + i s c d (21

' 0flicc.r

Whtr! ~ ; I C i:ccollnt+ znd vllicc.; O F 3 rusrkcli:?!: conrmitlce are i ~ c j n g ir~spcclcd. or 111;; afC?irs ol'sucll a cumr~;ilrcc i..rc Ilciilg rcqifircd inlo uodcr scc!ion 945 c .F {hi: procr:\:ding?: rrf .inch cr~n~rnilizc :I'C Ircirlk exilmincd :iildcr scc tion 39, a! ! oi~ic.crs. scnn.la!s ;:id mcr:~hh:ss u i sir:-li it cornmiircc ~I ia lL fti:i~ish s u d ~ i~ii'utlnatim in [hzir pos.;cssion with rcPril [n accou~rts and crficcs 0; affairs or proccr.dings of ~ 1 7 c h a cont:nittcc as t k Pirrctnr, oi (;ti: o f l i c c~ autliorisetl by hi!n. aiiiy rcquirc.

l'hc !lircc~or or ans c~r f icc r inspcctin~ si-rou:ils 311~1 ulticcs or inquirir~g inro thc al'rall-s of t ! ~ Marl-.cling Con?mittc.: ~ lndcr scclionVh ->r c ~ : b n l i r l l ~ ~ g ~Jic procccaings of such a comoirlc\: undcr scctiun 99 shalI. f ' i~r Ihc p u poscs of such jlwpcctiolr, ii~rll:iry s i csnnr;i~,~:i~jrr. tlarre i l ~ c sm:: pow:rs ,IS .llc .:c:;t~c!

in Civil Courl i i l ~ l r r ~ h c ccr!e o r C.i4fii P r , x c d ~ i r c I?OE ( 5 of IUCIX), while ~ r y i l i ? s suit i n rcsgri.r:! i l l ' ~hc. f'c~IIc~.vir.g n!at!crs, n;lmcly;-

(a) the s m n l ~ n i ~ l g : edcu r~ i c i r l g i!rc attrni)a;~cc uf i luy cfG1:cr. scnliln; < I [ mi::~!,:r oft4c klarscfiug Cc-m:ni~!cl: r,nd exan:inir,? him on c:rltll;

{ b ) Ihc tltsccbvcry and p r o d u c ~ i ~ ~ n Ily any ul'licer, scrvcnr or nc~r~hcr (11' ~ 1 1 ~

mnrkcting r.clrnr;iiircc (11' any cil~c~rrrltni or oihcr maltrial ubjc.~t p r t ~ r l u ~ i l ~ l ~ as c v j c l c ~ ~ c c ; a.?tl

gg, Seizure of account books and other

39. Power9 of the Director to call for of markettng committees and to pass order thereon . ..,.

101). ~0ntro. i by . : the Board

of . . :.. .

marketing . -

committea

assets, employees, proceedings) and such incidental, consequential and i

supplementary matters as may be necessary to e v e effect to such amalgamation or division, as the case may be.

Whtrd more than one Marketing Committee are established in any market area under sub-section (I), the Government may, nohvjthstaoding myUung to ,

the cantrasy contained in this Act, issue general or spccial directions as - - to which of the Mmkcting Committees shall exercise the powers, perform the . duties and discharge thc functions of a Marketing Committee under this Act,

all the assets of the commitlee shall vest in the Gov-ent and the Government shall be liable for all legally enforceable liabiIities of the committee, subsisting on the date of superstsgion, (O the extent of the said assests.

giving the committee an oppommity of tendering an explanation, by uoMcation, sqqscde, such Marketing ~ o m t i e c .

, ... . , (d) 1 tde 8swu of lhc ccmmitcc ohdl v ~ s l in the Govcrmcal and the Govemmcnt ,

shalI be Liable for dl.legally enforceable liabilitier of the committee, subsisting on

.. _ . ... . . ' , I . , . ' -

I' . . ,

. - ;,<,-, . - i.: : - -. .

&birr@ of ( I ) Every member or ~mployw of the B w d or an; Marketing Cammiltee h a l l pcebers of be Eable for the loss, wastage, misappmpriation or misapplication orany money

reployees zf or other property belonging to the Board or the Marketing Commiitca, if s u ~ h

gp0rd or lass, waslage misappropriation or misapplication is, proved to [he ssiisfaction

firketing of the board, lo be the direct consequence of the neglect or misconduct on , the part of such member or employee: . ,.,<- < , ,

~ m m i t t e e ' . , . , . , . '. .- , . . . . : . . '

Provided that he shali be giJen an opportunity- by a wtiltcn notice shbw cause as to why he should not be hcld Iiable for the Ioss, wastage,

. - , - imisapproprietion or misapplic? tion. - . . . - . - . .

, , ' i f : : - . , - . (2):'- Whprcver any aucimcmbsr or employes is held to be so liable, he shall makc

g o d the loss within a period of one month horn the date of the order failing - . which an amaunt equal to the loss shsll be recoverable frant such member or

.. , employee as aa mear of land revenue. . . , +-: -

4 1 ' . -

(3) lUmcmber or employes a g k t whom an order under sub-section ( I ) is made. - my,. within thirty days fiom the date of t he senlice of such crdcr, appeal to

the ~ovehtnent which sW1 have the power of confirming, modifying or reversing the order made by the Board:-

- . , . . - , . .

Provided &it-

. :., . (a) no action for the recovery shall be !&en if the !ow, wastage, misappropriation or misapplication bad taken place before the expj. of a period of four years;

. -

I . . -., .. , . . , . . . .'

(b)

,,-,; . - . . , .

- . , : <:::Ti, ' :

L . :.I - 7 ' . . .-. . .

Chairin&( !. . . . * - .

tt~,of the - Bokrd - -

~ n d the marketing tommti.kttqe to. be .

public I ..- .. aqSants.

Bar of k n i t -(I). In the'ibii'eaie '

of not lce. '- ,!

in computing the period of four years, the p-eriod during which any enquiry or, . investigation.was made 6y tho Board or tbc proceedigs~wem stayed or the period during:which any eppeal'sgainst- the order: for making good the . - . l o s s , u e d pending, hll be excluded;: ; . . . .: . .. . .

:. . , <--, :.*; . !, - 1 - . - -. . .,; . . - . . .. Tho Chairman,. (hc vice-~hainnan'thc members; the Sesrehry And thc otheroffic,crs and .sewan& of .he Board and the Chairman, Vicc-Chairman, m e m h , Secretary and other o5cers and servants of a Marketing Committee shall be deemed to be public servants within the meeling of section 2 1 of the hdi~PenalCode;1806(45of1860).- , - . .. .

.. ,. . , . , - , ,, - .;!< .. ;, - ? . . NO siit or other log.^ pmccc;lin~ MI bd inwcitutod i g r h t tbc ~ o u d or any Marketing Committee or any member, officq or servgrut thereof or any person acting under the k c t i o n of the Board, any Marketing Committee, member, officer or seivant for an-g done or purported to be done in goqd faih as such m e m k , officer,' or savant under this Act, until the expiration of two

'

~ 0 n t h a next after notice in writing, statmg the cause of action,the nama and place of msidenw of tho intending plaintiff and rhp relief which be claims, has boon, in thecase of the Board or Marketing Complittees, delivered or ieff at its bsfica, and idthe cab0 of any such member, offibr, servant or p&on as aioresiid,'delivertd to him or Iefi at his ofice or usual plicc of rtsidenca, md' the p l h t shall wntain a statement h t such notice bs been so delivered or

, - . . 1cR. . - . a

, ' :

Every such suit k 4&rxd unless it is instikted within six months -

hm-the date of accrd-of the alleged cause of action

Notwithstanhg m$hg contained in subsection (1) any suit under d o n

I .. " - , , ,;: 1 , - I

:

,

. ?' 1 . . . ' ; 2 ;,' :, J - ,jiI$~:'

j .:I..ji.,- :, ! !!,ii :' ; 'j. 12 !: 2 , j : !k, ! ,

3; t., ... ;!if$ ,:I t . I - 6

i:: ,;, !:;:: ;? ,, .;;3 ,,:' !? - ' ,:, ,,!i:; ,!,: \I!- 4 i J..' :, \- , 4 . i

.:i ;! ' ,

$ !;;IL',

I' 1 :

103. Penrity for . not complying . ,

with dimtion under nub-sectiou(2) of section 48' - . - '

. .

105. Penalty for obatrnction and fnUur~ to obey order under section 96.

106; Penntty far. . . comtpvtnbg -

I ' provisionaof.

107. Penalty for . contravention of sectlad 98 .

IQ& General provision of

. punishment of offence

hoiding an inquiry into the affairs, of a marketing committca or fails to o any order with reference to any matter specified in section 96 shaI1 punishable with fine which nmy extent to two hundred rupees for every

wilfdiy neglects or refuses to furnish any information; or

wilfully furnishes information which is false or incorrect in materi particdm,

elsewhm in this Act or in the d c s or bye-laws, be punishable with Cine': which may extent to hue thousand rupees.

112.Wa1 of (1) offences.

I 13. Recovery of ' (1) anms'due to ~oveirneat . Board (2) Markding ' ~ o i i t t e e and '

others. . I ' , <

,. .

. . . , - .

114. Power of Goverament to . '

. . delegate powers; . . .

. -.

1 IS. Power to exempt the Board or Marketing .

Cornmiltee tte. from provisiaas . of . the Act.

No offence under this Act, or any mli or regulation or bye-laws made thereunder, shall be tried by a court inferior to the c o w of a Mebopolitaa Ma@ trate.

due, in the same manner as if it were an arrear of land revenue.

I f any dispute arises as to whethcr a sum is due to an agriculturist within th

shall apply lo the Board or any Marketing Committee or any cIass of persons .

with such modifications, not affectiag the substaace thereof, as may be ..

~ ~ , - , : l\.i DELH I GAZETTE : EXTRAORDINARY - -- - -- 9 3 .--I-- 1 .--

-- -- -<-a specified in h a t order.

(2) AH orders made under sub-section ( I ] shall be laid,as soon as may be,afier they are made, before the Legislative Asscmbly of Delhi.

I (3) Thc Governmen[ may, by general or special order, published in the official Gazette, direct hat ahy rule, reguialidn or bye-laws made under 1bisAct 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.

1 4 , . pnrer to (1) TheGovernmentmaybynotification,makerulesforcarryingou~rheprovisions

I lDnke rY'eSm

o f this Act,

(2 ) In particular, and without prejudice to the generality of the foregoing power,

i such rules may provide for all or any of the following matters namely:-

(a) quaIi fications which thc representatives of Ihe agricuItwists shall possess under clause (a) of sub-section (1) of section 36;

\

(b) qualifications which the represenlativcs of Waders shall possess under clausc (b) of sub-section ( I ) of scction 36;

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

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

(c) the duties of Marketing Committees under sub-section(2) of section 55 and the promotion of rhe grading and standardisation of such agricultural produce as may be specified in the rules under clause (k) of h a t sub-scction;

(Q h c manncr of I e ~ y and coIIection of market fee by Marketing Commitlee under section 62,

(g) thc conditions subjcct to which loam may be obtaincd by n marketingcommittee irom arlothcr Markcling Committee under sub-section (2) of section 72;

(h) the manncr in which and thc lime within which an appeal may be filed under sub-scclion (2 ) of section 74 or sub-scclion (2 ) of section 123;

( i ) the form of licence and the terms and conditions subjcct to which a licence niay be grantcd or renewed, including the fces to be paid in respect of such liccnce, under scction 80;

('j) ~ h c !Lcs payable in connect ion with the weighman and delivery of agricul tural produce under scclion

(k) thc nlanncr in which an appeal may be filed under sub-section(1) of section 82 :

( I ) the conlposiiion of sub-committees. method of appointrncnt or arbitrators and ~ h c ices, iiany, that may be paid by parties for the scrtlcment of disputes, the

(m) the manner in which the amaunt to the credit of the Market Development -

. . .

, , " . (p) the manner in which payment kom 8e.Marke t Development Fund of Market

Fund shall be mada, its account shall be kept ,or audited cir, rcaudited, budgel estimates of income and expenditiue shall be made and annual adminisbative

(3) Any d e made unde~ this section may provide that i f purchaser fails to make the payment forthwith EEI required by sukcti&i(6) of sixtion 61, he shdI be Iiable to pay interest from the date of sale to the date of payment as such rate I . not being in excess of the maximum rate of interest h c d for unsccufcd loans , . -

-. by bankinginstitutions Ifpaj:=ent isnot made-within thirtydays fromthe

DELHl GAZETIT - EXlRAORDINARy p,a1 IV I - ' 1 s /

such regulations mny provide for sll or my or the foilohbg maan-

(a) the method of recruitment, the scale ofpay and other condidom 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-Cbaiman m any other officer employed by it;

(dl delegation of duties and powers of the Marketing Committees m its sub- c u d ttees;

(e) h e mmner of constitution of the Marketing Sevice, recruitment therein and the qualificaiions, sppointmvnt, promotion, scale af pay. leave and its encashmeat loans, pensions, gratuity, contribution to funds, reimbursement of actual cxpenses on hospitalization in authorised hospitals, dismissal, removal, conduct, departmental enquiries and puuishmeots,appcals and ocher conditions of service of its members and other staff.

8. Power of ( 1 ) Subject to the provisions o f this Act. and the rules made thereunder, a Marketing Marketing Committee may, in respect of a market area under i ts managcmcnt, Committee to make bye-laws for- make bye-Iaws

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

(ii) theregulation~fthebusincssofIhemarketing committee,includingmec~ings, quorum and procedure;

(iii) the conditions of bading in a market;

(iv) &legation 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) Lhe provisions for Lhe persons and the i m in which copits of the documcnt and entries in the books of the Marketing Committee may be certified nnd charges to be levied for the supply of such copies and inspection of such documents and books of account for the putposcs of any proceedings under Lhe Act, Rules and regulation;

(vi) the m m r in which the sales are ef'fected in a market and maintenance and issue of invoices and other vouchers connecled 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 fuoetionarics operating in rhc market;

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

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

(3) In making any bye-law, the Marketing Committee may direct Lhal the penalty

8 Power of

rmsnd Schedule,

Pawar of . d i e off irkcoverable '

lees e t ~ . . . . , . . . . . . .. .

the &st conviction during which Lha same continues.

Marketing Committee may impost the penalty notwithstandin criminal actionhas been iuditutbdinrtsptct of tho same facts for has been imposed under the bye-laws.

'

Notwitbhding anything contained in thin sectioh if the B i c ~ t o r corn

. . , :- t .. - :

The Marketing Committee may, within thirty days fmm tho data of i$s'kii of -

the cedfitd copy, referred to izr thepub-section (5) appe'al ag- &l?B?gd;ti: to the Government whose decision thereon shall be fma1 and binding.upnihe' Markethg Committee.

OSciaI Guettt. . m

Whanever it is found that any amount due- to the board or n Marketing Committee is irrecoverable or should be remitted, or whenever any loss of the '

. . . DELBI GAZE^ : E X T R A ~ ~ I N M Y 9 . - -

I

ikr fo i 1) With lhc prcvious approval of the Director, the Secretary of a Marketing

,pound Committee or any other officers authorised by the Dircctor in this behalf, may accept from any person against whom a reasonable suspicion exists that bc

.DCCS. bas committed an offence under r h i s Act or my d e s , regulations or bye-iaws made thereunder, a s u m of money by way of composition for such offence.

(2) Notwithstanding anything contained in any other law for lhe time being in force, on the payment of such amount of money to t6e Marketing Committee, the suspected person, if in custody, shall be discharged and no furiacr proceedings shall be taken against such person.

~ e r to ( I ) A Marketing Committee or its secretary shall have thc power, LO impose by , .- . order, a penalty not exceeding five rhousand rupees on any rnwket functionary rnmittoeand or agriculturist or purchaser for the coatraven~ion ofany bye-law, aficr giving

retary to the person cun~errred a reasonable opportunity of being heard.

pose ( 2 ) An appeai against an order undcr sub-section ( I ) shall lie lo the Vice-Chairman malties. of the Board: within such time and in such m m e r as may 5r: prescrjbcd.

!peal aud (!) The Delhi Agriculhrral Markeijng (Regulation) Act , J976 (87 of 1976) ~viag (hereinafter refemd to as the said Act) is hereby repealed;

Provided that such repeal shall not affect ihc previous operatian of the enactment aforesaid and anything done or any action a:cn (including any appointment, delegation or declaration made, noti15carion, order, rule. regulation,direchon ar notice issiied,byc-law framed, marketing mrnmitte~ esiablishcd, licencesgranted, fees levied and collected, insimmenis executed,

'

any fwd established or constituted) by or under the provisions of the said Act shall in so far it is not inconsistent with h c provisions of this Act, be deemed to have bccn done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by 8nytbmg done or any aclion taken under tbis Act,

(2) Anyareaorplacedeclaredtobeam~ketareaoratlyplact: ormarkeidcclared to bc a markct under the enachent so repealed shall, on the commenccmer~t of this Act, be deemed to be the merket arca or markct declarcd under this Act; the Marketing Committee constituted for the said market area and funclioning immediately prior to such commencement shdI be deemed, notwithstanding a n m g contained in this Act, to be Ihe Marketing commin~e constituted under this Act for such market area, and where it is so declared or notified, aIso for the agrisultuml produce specified in the declaration or notification; and all the members of such Marketing Committee shall be deemed to be atmbers nominated by the Government under sub-scctioa. 12) of section 36.

(3) A n y reference ta the enactment repcaled as aforesaid or to auy provision thercuf or to my offrcer, authority or pcrsin entrusted with aa y functions thereunder, in any law for the time being in fbtk or my inshuntent or daetment, shall be construed, where necessary, as a reference to the comcsponding provision of this Act or to I hc corresponding officer, a u t h o i i ~ or person functioning under &is Ad, and t h e corresponding officer, authority or person, as the case may be, shdl have under such law, i n s w e n t or document.

125. Powe~ to remove difficulty

[ S& Section 2(1) (a) and Section 1191 :?A:. .',Q!'> '.. i , I. Animal Husbandry Products- , ., .,

I . Buner. :.e' ,..

I I 2. Cattle meat -

-. 3. Eggs. .,& &j 4. Ghee.

5. Goat meat. /?=a. 6. Hides and skins. 35;; , - ., - -7- 2

7. Milk and Milk Roducts. ,. 2: ' .,.... .ii?,.

8. Poultry. '>$, 9. Sheep meat. .. . .-<c,t 10. IVaol. - 4

r, .: - >*,; ' -.*, xi?' 11,- Apiculture- k,. r ' - .?!$. .. 1. Honey. j:;;.;: , . ,.,.. .* (., :,.\, L . . 111. .C', '

Ce ttle feeds- ' .:- -.-. -

' .-.. tp; .. I. Guwar. . 2. Punvad. . - . .a;

:c$'... 7 . .L ' - c .+, ..,v:

, , h l , IV. ' - Cereals- . ..,-. .. - *. ! .>.,.,. ' ' , - . I . Bajra.

2. BarIey. 3. 1n ferior milItts,iorexample,sd,kodra Kangni tlc. 4. Jowar. 5. Maize. , .

6. Oats. 7. Paddy (husked and unhusked). 8. Wheat (hwktd and unhusked).

Condiments, spices and othen- 1. Belal Ieaves. 2. Betelnuts. 3. Cardamom and pepper. 4. Cashtwuuta. 5. Chillies. . . 6. Comandtr. ' . . 7. Dalcbini. S. Garlic. 9. Ginger. . .. 10. Ilacbi. 11. Long. 12. M&. 13. R a i ( m W d ) ' '

14. Sod. 15. Turmeric. 16. 17. Hing (Naet ida) . ' 18. Tulsi(I3asil) . 19. Tejpatta (Bay lcafl. 20. Ajwain (Bishop's seed). 21. Jaiphd (Nutmeg). 22. Posta (Poppy seed). - 23. Pippcmht. 24. Kesar ( Safhn). 25. Imli (Tamerind).

DELI41 GAZETTE : E~TRAORD~NARY a

._ -- -. 26.- Vanilla. '

27. Sonth (Diy Ginger).

VI. Fibres- 1. Catton (ginned and mginned) 2. Sunhemp.

Fruits. 1. Almodi (Green). 2. Apples. 3. Banmi.

' 4. Chmy. - 5. Chickoo.

. 6. Fig. 7. Grapes. 8. Guava. 9. u m i . 10. Leechi., 11. L e m o n 12. Mdta 13. Mmgo. - - - .. 8

14. pelon. 15. Mosimbi.

- 16: Papaya. 17. Peaches-

- . . , IS. P&.

. 19. PIums: 20. P o m c ~ t . 21. SantralOrmge. ,

22. Strawberry. 23. Watermelons.. ' , . 24. Coconut. , .. .

25. Ber 26. Pine-apple. 27. Shadfa (curard apple) 28. Phalsa. 29. Apricot ( K h h ~ m i ) . 30. Japani Phal. -

3 1. Jammun (Black berry). 32. Chakoua. 33. Loquat. 34. Mdbeny. 3 5 , Sugar-Cane. 36. Belgiri. 37. Water Chestnut 38. Gulgul , , ,

39. K h i . ' m .

40. Dakh (Cumad) .-. 41, Pyrusmdus (Babu Gosha) 42. Maize-ear (B hutla) . - .

43. b o o r (Wet Bate). -

44. Khatta (Lime). - . 45. Mitha (Si$cet Lime). 46. Chest nut - ' . 47. Kiwi.

- 48. Kinoo. 49. Raspberry.

- 50. Singhafa.

XII.

Xl i l

Pcxic-tilmc- I. Fish

i l?l!sts. 1 , Arhsr. 2. j3,:.m:. 3. Cir~m. 4. G u m . 5 . ;~ls,h. u. hizsur. 7 . ?dab.

- 8. Mung. 9. Pczs. 10, Ijrad.

Vugc~ables- 1, k v i and Arv I P;:lta. 2. C,hots- a l l types. 3 . Ocumbcr-all [ypcs. 4. Gobhi-all 1)pes. 5 . Kachalu. 6. Lcafy and frcsh vcgelables. 7. Onion 8. Pcas-a11 Lyprs. 9. Potaloes. 10. Tomatoes. 11. Swcel Potatoes. 12. Brinjal. 13, Gourd all types. 14. Lady Finger. 15. HaIva Kaddu. 16. Ghia'lbri. ,

17. Frassbjn. IS. Dnthua. 19. Sarson Lcavcs. 10. Grcen L.obia. 21. Spinach. 21. Turnip. 23. Rxdish. 2 4 . Tinda-all types.

2 . [)ELHI G A Z m E : E m O R D I N h R U - --

25. Kathel. 26. lamikand. 27. Green M d . 28. Moist chilli 29. Katela- all types. 30. Pumpkin 31. Tamarind 32. Chukandcr. 33. Moist ChiUi. 34. Mait. '

35. Garlic 36. Chirchlpda' 37. Tori-All lrlnds. 38. P a r d . ,

39. K d k&i. 40. Goose b m y (karonda) 41. Mushroom 42. Green Corrianda. 43.. A d a . 44. Singri. 45. Ttent. 46. L t h s u 47. Karamhda(Km&). 48. Yam (Patetow). 49. Salad (hthua). 50. Beans (All kids). 51. Green Thmcn'c. 52. Drum deb. 53. Kachnar kt Phool 54. Kakora . . 55. Karanda 56. Capsicum. 57. Soya {Grccn) 58. Amrah. -

59. Lanku -

60. Kundra. 61. Phuee. 62. Kulfa 63. Cholai. 64. Bankla -

65. Cholia 66. Singhi. .- 67. Sonjna ke Phool 68. Bmdhra . .

XV.

XYI.

Ilortidture- . I . Flowers, Clrt Flowers and Potted Plants.

. . ,

Forest Products-i 1. Bamboo. 2. Baheda, 3. ChireunjI. 4. Gum 5. Honey 6. Karele. 7. Mabua Flowtn. 8. Timber 9. wax

-- .- - Prlrllcd LY ~hr: h l m ~ l g . ~ . GUM, ul India I'n?3. Nlng Rmd, hlappuri. Xcw Dclhi-1 10064

.ulld I ' ~ ~ l ~ l i ~ h . l l by 111~: C~lntraulJir uI- I '~~hlic~lions. E l h i - l Ill054