 l-tq be/as intr?duced in ink sabhl 71 pago (iii), line 18,-fqr "sub-sectio (2)" reld "sub-section (2)" 2 page 4, line 31,-fpr "used" read "sued" 3 p~go 5, line 13,-fjr "the c)ther members" rend "any other member" 4 page 5, line 14,-for "their" reld "his" 5 p'lge 12, in t he mar gin:\l he) 9,d 1ng t') c lausg 17,-for "thrms" re a~_ "'itrm" 6 p~gc 21, line 37,-!:2!: "oxceed s" r£~ "exceed" page 2~ line 21, - for 'trade allowance' read' "trade allol,o,t3,nce '" p-~g(' 24-', in thg rn1rgir'll h01ding t') cl9use 4-6,-6a 7 for "c')mrji t te c " re ad "co mmi t tee; s" 8 page 25, in tho margin:)l hellding to clause 47,-t:q!: "committe e" re ad "conmi t tee s" 9 page 25, line 24,-f()r "direction" i:qld "direc ti()ns" 1 0 - page 27, in the ;"]~r ginal he 1d ing to c 13use 54,-for "cintr1vcnti')n" read "contr'lventi0n" 11 - p'lge 42, lin(~ 2,-f'1r "centr'll g0vernment" reld "act~inistr'\tor" new delhi; may 1~ 1996  the delhi agricultural produce marketing (regulation) bill, 1976 arrangement of clauses chapter i clauses preliminary1 short title, extent and commencement 2 definitions 3 notification of intention of regulating marketing of agricultural produce in liqecified area 4 declaration of regulation of marketing of specified agricultural produce in market area   chapter ii constitution of delhi agricultural marketing board5 constitution, powers and duties of delhi agricultural marketing board  chapter iii establishment of markets and constitution of market committees6 establishment ot markets 7 establishment of special markets 8 constitution of market committees 9 composition of market committees 10 incorporation of market committees 11 election and term of office of members 12 creation of election fund 13 commencement of term of office of members 14 resignation of members and nomination in certain circumstances 15 removal of members for misconduct 16 casual vacancies 17 term of office of chairman and vice-chairman and honorarium payable to them 18 procedure for election of vice-chairman 19 resignation of chairman and vice-chairman 20 consequences of absence of chairman without leave (i) 620 (b)ls-l  clauses21 vacancies in office of chairman and vice-chairman 22 befunl tohadd overcharge to new chairman or vice-chair~ man 23 meetidg, etc, of market committee 2'   ben·to act duribg vaeancy; acts- of market committee, etc, not to be iuvalidatedby informalities  chapter iv market committees-powers and duties25 powers and duties of market committee 26 appointment of sub-committees; delegation of powers 27 power ot; the market committee to a,en collection centres for marketing of specified produce; provisions for receipt and payment by purchaser 28 power of market committee to levy fees 28 power to borrow 30 execution of contracts 31 certaan disputes regarding construction of rules, etc, about weights and measures to be decided by the controller of weights and measures  chapter v officers and servants of market committees32 power of market commi ttee to employ staff  chapter vi marketing- of agbicultubal prgduce33 regulation of marketing of agricultural produce 34 grant of licences 35 power to cancel or suspend licences 36 al?peal 37 provision foraettlement of disputes  chapter vii marketing development fund and mmiml':pund38 marireting development fund 39 market fund, its custody and investment 40 purposes for whieh market fund may be expedged 41 manner of auditing aecounts, preparing budget, annualrepm-t, etc  chapter viii trade allowances prohibited clavus-te maktng or recovery of trade allowance prohibited  chapter ix control by the board43 inspection, inquiry, submission of statements, etc 44 duty of oftleers, servants and members of market commiftee to furnish information to board, authorised ~ and administrator 45 seizure of account books and other documell1l 46 powers of board to call for proceedings of market committeej and to !pass orders thereon 47 amalgamation or division of market committees 48 supersession of market committee, etc  chapter x penalties49 penalty for not complying with directions under sub-sectio (2) of section 22 50 penalty for contravention ot section 33 51 penalty for making or recovering trade allowance 52 penalty for obstruction of officer and failure to obey order under section 43 53 penalty for contravening provisions of section "-54 penalty for contravention of section 45 55 general provision for punishment of offence  chapter xi miscbllalfeous56 liability of members or employees of board or market committees 57 chairman, etc, of the board and the market committee to be public servants 58 bar of suit in absence of notice 59 trial of offences 60 recovery of sums due to government, board, market committee and others 61 power of administrator to delegate powers 62 ~ jwer to exempt the board, market committee, etc, from provisions of the act 63 power to make rules 64 power to make regulations  clauses65 bye-laws 66 power of administrator to amend schedule 67 power of administrator to transfer assets, etc, in cases of market committees constituted for excluded areas under bombay act 22 of 1939 68 power to write off irrecoverable fees, etc 69 revision 70 power to coiilcjound offences 71 power of the committee and chairman to impose penalties 72 repeal and saving 73 power to remove difficulties the schedule  a billto provide for the better regulation of the purchase, sale, storage and processing of ag,ricultural produce and the establishment of markets for agricultural produce in the union territory of delhi and for matters connected therewith or incidental thereto be it enacted by parliament in the twenty-seventh year of the republic of india as follows:- chapter i preliminarying (regulation) act, 1976 | s      ||--------|| short  || title, || extent || and    |(2) it extends to the whole of the union territory of delhi commen (3) it shall come into force on such date as the administrator may, cement by notification, aqpoint 2 (1) in this act, unless the context otherwise requires,-10 deflni tions (a) "administrator" means the administrator of the union  territory ot: delhi appointed by the president under article 239 of t'le constitution; (b) "agricultural produce" means such produce (whether processed or not) of agriculture, horticulture, forest, animal husbandry, apiculture or pisciculture as are specified in the schedule; (c) "agriculturist" means a person who ordinarily by his own labour or by the labour of any member of his family or who by the 5 labour of his tenants r": by servants or hired labour or otherwise ia engaged in the produc~ion or growth of agricultural produce which has not been processed, but does not include a trader, commission agent, processor or broker, in or in relation to, agricultural produce except where such trader, commission agent, processor or broker fs 10 also engaged in the production or growth of agricultural produce; (d) "board" means the delhi agricultural marketing board constituted under section 5; (e) "broker" means an agent who, in consideration of a commission, fee or remuneration, contrives, makes and concludes a bar- i, gain, or contracts on behalf of his principal, for the purchase or sale of agricultural produce, but does not receive, deliver, trang;lort, or pay for the purchase or collect payment for the sale of, the agricultural produce; (f) "bye-laws" means bye-laws made under section 65; 20 (g) "commission agent" means a person, who, by himself or through his servants, buys and sells agricultural produce for another person, keeps it in his custody and controls it during the process of its sale or purchase, and collects payment therefor from the buyer anti pays it to the seller, and receives by way of remuneration a 25 commission or percentage upon tee amount involved in each transaction; (h) "director" means a person appointed as the director of agricultural marketing for the union territory of delhi; (i) "local authority" means, in relation to an area within the 30 local limits ot,-(i) the municipal corporation of delhi, that corporation; (ii) the new delhi municipal committee, that committee; (iii) the delhi cantonment board, that board; (j) "market" means any principal market established under this 3s act and inc]udes a subsidiary market; (k) "market area" means an area declared to be a market area under section 4; (l) "market committee" means a committee constituted for a-ll market area under section 8; (m) "notification" means a notification published in the offietal gazette; (n) "official gazette" means the 'delhi gazette; (0) "prescribed" means prescribed by rules made under this act; (p) "processor" means a person who procesae any agrlcnltural  , produce on qayment of a charge; (q) "retail sale" in relation to any agricultural produce, ~ the sale of that produce, not exceeding such quantity as the market cqmmit~e may, by bye-laws, determine to be a retail sale; (r) "schedule" means the schedule to this act-, 5 (8) "secretary" mealll a sec1'etary ot a market committee and includes a joint, deputy or assistant secretary; , 10 (t) ··surveyor" means a person who, on arrival of a consignment of agricultural produce for sale in any market area or market, surveys itior ascertaining the quality, refraction, adulteration and ·other :like 1actors; (1£) "trader" means a person who buys or sells agricultural produce as a principal or as duly authorised agent of one or more persons (z) if anyquestign arises as to whether a person is or is not an agri-is oulturist for the purposes of this act, the matter shall be referred to the director who shall decide the same 3 (1) the administrator may, by notification, declare his intention ilf regulating the marketing of such agricultural produce, and in such area, at!! may be specified in the notification in accordance with the provisions 20 of this act nowlcatior of intention ofrelulatingmarketid,of agriculturalproducein apecifted area (2) the notification may also be published in any newspaper published in the regional language and circulating in the area specified under sub-section (1), or in such other manner as, in the opinion of the administrator, is best calculated to bring to the notice of persons in 2s that area, the intention aforesaid (3) the notification shall state that any objections or suggestions which may be received by the administrator, within such period as may be specified in the notification, not being less than one month from the date of publication of the notification in the official gazette, shall be )0 considered by him 4 (1) on the ex(jiry of the period specified in the notification issued under section 3, and after considering the objections and suggestions, if any, as may be received before such expiry, and holding, wherever copiidel-ed necessary, an inquiry in the pre5(:ribed manner, the admini&-35 taltor may, by notification, declare an area to be a market area wherein th,e marketing of agricultural produce specified in the notification sball be regulated in accordance with the provisions of this act declarationot regulation ot marketingot specj1led agriculturalproducejn market area (2) a declaration made under this section may also be published in ally ,-new'paper published in the regional language and circulatin:g in 40 the1frea specified under sub-section (1), or in such other manner  ill tlriie opinim ofi the administrator, is best calculated to bring to the notice of persons in that area the declaration aforesaid (3) on a declaration being made under sub-section (1) no local authority sball, notwithstanding anything contained in any other law fgr the 45 time being in force, establish, or authorise or allow to be established, or continue, or authorise the continuation of, any place in the market area "r tae marketing of agricultural produce specified in the declaration (4) the administrator may, in the manner specified in section 3, at any time, exclude any area·$rcu;p a market  ea, or ~lude therein an addiuonal area, or may declare that the regulation of marketing ot any agricultural produce in any market area shall cease or that the marketing of any agricultural produce hitherto not regulated shall be regulated in the market area  chapter ii constitution of delhi agricultural marketing board5 (1) the administrator shall, for the purposes of this act, establish a board to de known as the delhi agricultural marketing board consist·· ing of a chainnan, to be nominated by the administrator, and twelve other members, of whom four shall be officials and eight non-officials, to 10 be nominated by the administrator in the following manner, namely:-constitution, powers and duties of delhi alricui-tural marketinc " board (a) the director and three other officials representing, respectively, the agriculture department, the co-operative department and the animal husbandry department, of the delhi administration, shall be the official members; is (h) the non-official members shall be-(i) two agriculturists, being members of the market committees; (ii) one member representing the organisations of farmers; (ii~) one progressive agriculturist of delhi; 20 (iv) one member representing traders and commission agents licensed under section 34; (v) one member ra,resenting the co-operative societies; and (vi) two members representing the interests of consumers, of whom one shall be a member of the metropolitan council of 2s delhi (2) the director shall be the ex officio secretary of the board (3) the board shall be a body corporate by the name aforesaid, havtng perpetual succession and a common seal, with powers, subject to the provisions of this act, to acquire and hold property, and to contract, and 30 shall, by the said name, sue and be used (4) every non-official member shall hold office for a period of three years, but shall be, on the expiry of the term, eligible for re-nomination and every official member shall hold office during the pleasure of the administrator: 3s provided that, notwithstanding the expiry of the term of office, a non-official member shall continue in office unui his successor has been nominated and has assumed office (5) no person shall be eligible to become a member of the board if be-(0) is below twenty-five years of aie; (b) has been removed from membership of a market committee under section 15; (c) is of unsound mind and stands so declared by a competent court; or s (d) is, or at any time has been, adjudicated insolvent or convicted by a criminal court, whether within or outside the union territory of delhi, of any offence which, in the opinion of the administrator, involves moral turpitude: provided that the disqualification on the ground of conviction 10 by a criminal court shall not apply after the expiry of five years from the date on which the conviction became final and effective (6) the chairman of the board may resign by writing under his hand addressed to the administrator and the other members may resign by writing under their hand addressed to the adnrlnistrator through the i s chairman of the board and the resignation shall take effect from the date on which it is accepted by the administrator (7) the administrator may remove from office any non-official member of the board who has become subject to any of the disqualifications specified in sub-section (5) or who, in his opinion, is remiss in the dis-20 charge of his duties or has ceased to represent the interest to represent which he wa's nominated: provided that no non-official member shall be removed from office except after giving him a reasonable opportunity of showing cause against the proposed action 2s (8) a casual vacancy caused by death, resignation or removal of a member, or otherwise, in the board shall be filled by fresh nomination and the person nominated to fill the vacancy shall hold office for the remainder of the term of office of the member in whose place he was j"iominated 30 (9) the admini'strator shall exercise superintendence and control over the board and its officers and may call for such information as he may d~m necessary and, in the event of his being satisfied that the board is not functioning properly or is persistently makinr defawt to the performance of the duties imposed on it by or under this act or is 3s' abusing its powers or is guilty of corruption or mismanagement, may suspend the board till such time as a new board is constituted, and make suoh arrangements foll' the exercise of the functions of the board as he may think fit: provided that no order of suspension as aforesaid shall be made ex-40 cept after giving the board a reasonable opportunity of showing cause against the propose<! action: provided further that a new board shall be constituted within a period of six months from the date on which the board is suspended (10) the board shall exercise superintendence and control over the 4s market committees (11~ the administrator or the chairman or the secretary of the board or any other official of the board authorised in this behalf by the' board may call for from any market committee or any trader, godown keeper or any other functionary operating within the· market area any information or return relating to agricultural produce and shall have the powe'l' to inspect the records and accounts of sueh market committee, trader, godown keeper or other functionary 5 (12) the board may transfer the secretary or any employeedealing with accounts from one market committee to another market committee and exercise such other powers and discharge such o~ergutieis as may be specified in the regulations framed by the board (13) subject to the provisions of this act and the rules and regula-lo tions made thereunder, the bowrd ftlay employ such persons for the performance of its functions as it may consider necessary and the method of recruitmelnt, the scale of pay and other conditions of service of such persons shall be such as may be provided in the regulations made by the board in this bcha!lf is (14) (a) subject to the rules made under this act, an estimate of the annual income and expenditure of the board for the ensuing year shall be prepail'ed and passed by the board and submitted every year, not later than the prescri'bed date, to the administrator for his sanction (b) the administrator may sanction the budget of the board with 20 such alterations or modifications as h~ may think fit and the budget so altered or modified by the administrator shall be the budget of the board for the year (e) the budget as sanctioned by the administrator shan be returned to the board withi'n two months from ~ date of the receipt teereo! 25 and if it is not so returned within the said period of two months, it ,shall be presumed that the budget, as presented by the board hu been duly sanctioned by the administrator, (15) five members shall constitute a quorum at a meeting of the board: 30 provided that, if a meeting is adjourned for want of quorum, no quorum shall be necessary for the next meetin g called for transacting tae same business (16) all questions which come up before a meeting of ,the board thall be decided by a majority of votes ·of the members present and voting 3s and, in the case of an equality of votes the chairman, or in his absence the person presiding, may exercise a second or casting vote (17) the board may, with the approval of the administrator, delegate any of its powers to its chairman, secretary or any of its ether offic~: ~ provided that the person to whom such power is delegated $hall function under the superintendence, direction and control of the board (18) no act or proceeding of the board shall be invalid merely 'by reason of' the  existence of any vacancy among its members 1jr any detect in the constitution thereof 45 (19) subject to the rules made under this act, the board  may, with the approval of ,the administrator and by notification, make r~lations for- (a) regulating the transaction of business at its meetings; (b) delegation of duties and powers of the board to its chairman or secretary or any other officer employed by it; (c) generally, the efficient conduct of the affairs of 'the- board  chaprer ni establishment of :malucets and constitution of muket commi'l"l'ees10  (1)  for every market area, there shall be establishedaprjdcipal in8l'ket, and there may also be established one or more subsidiary markets, for the marketing of agricultural produce eltablishment of marketa (2) the director shall, as soon as possible after a declaratklll is made under sub-section (1) of section 4, by notification, establish ny place 15  (including any structwe, enclosure, open space or· locality) in t1dy market area to be the principalmarket for the marketing of the ~tural produce specified in such notification and may, by the·aamenotif~ation or by a subsequent notification, establish in any other like places in the mark-et  area subsidiary markets for the marketing of such agricultural 20 produce establishmentof special markets 7 (1) where the administrator is satisfied that on account of the specialised nature of marketing of any commodity, like fish, fr8flh fruits, fresh vegetables, sheep, wqoi or cattle, in any area, it is expedient to ensure the efficient regulation of the marketing of  such commodity in 25 such area, he may establish,-(g) in such area special markets for such commodities and (b) independent market committees in relation to suc"t 'special marke~ notwithstanding that such area falls within tbeldral limits of the jurisdiction of any other market committee qr committees already functioning in that area, 30 and every such special market and independent market committee shall beestablishedand constituted in the same manner in which a market and, market committee is established and constituted under this act (2) where a special market is established under sub-section (1), the as administrator may, by' notifteation, declare that the provisoions of this act shall, with such modificatiqtls, restrictions or limitations as may be -apecuied in,the·notification, apply in respect of such special market s (1) without prejudice to the "rovisions of section 7, there 8hall be constituted by the administrator, for every market area, a market· com-constitution of market committees ·tili~1iee;  dtftenmtlmarilet, committees may ,be-constituted for regulat· 40 'ingtfte"iui!jaeting ·o~ different kinds of agricultural prod\k:e marketf'd in the same market area:or:any part thereof (~) every market committee shall exercise such powers and discharge such functions as may be vested in it by or under this act 9 (1) subject to the provisions of sulb-section (2), every market committee shall consist of the following fourteen members, namely:-composition of market committees (4) six members to be elected by the agriculturists residing in 5 the market area and holding agricultural land in the union territory of delhi: provided that where the administrator is satisfied that the bulk of the arrivals in any market in the market area are from outside the union territory of delhi, he may nominate such number of 10 members, not exceeding fifty per cent of the members representing agriculturists, as he may think fit, and such nomination shall be made from among the residents of the six neighbouring states, namely, haryana, himachal pradesh, jammu and kashmir, punjab, rajasthan and uttar pradesh; is (b) two members to be ele~ted by the traders and commission agents holding licences to operate as such in the market area; (c) the chairman of the co-operative society engaged in the business of processing or marketing of agricultural produce in the market area: 20 provided that, if there be more than one such co-operative societies in the market area, then the managing committees of all such societies shall meet together and elect the chairman of one of such co-operative societies as a member of the market committee: provided further that where there is no such co--operative society 2s in the market area, the administrator may nominate a member to represent the persons doing the business of processing or marketing of agricultural produce in the market area; (d) one member to be elected by the members of the local authority within the local limits of whose jurisdiction the principal 30 market in relation to that market committee is situated: provided that a person to whom a licence has been granted under section 34 shall not be eligible f()r election under this clause; (e) one member to be elected by the licensed weighmen and measurers; 3s (f> one member of the metropolitan council of delhi to be elected by that council from amongst its members, to represent the interests of consumers; (g) two members to be nominated by the administrator of whom one shall represent the interests of consumers (2) when a market committee is constituted for the first time, all the members thereof, including the chairman and the vice-chairman, shall be nominated by the administrator (3) without any prejudice to the provisions of 8ub-section (2), the chairman of a market committee shall be nominated by the admtnistra- 45 tor from among the members of the committee (4) subject to the provisions of sub-section (2), every market com· mittee shall elect one of its elected members to be its vice-chairman incorporation ot market committees 10 every martket committee shall be a body corporate by such name , as the administrator may, by notification, specify and shall have per· petual succession a:nd a common seal and may, in its collporate name, sue and be sued and shall, subject to such restrictions as are imposed by or under this act, be competent to contract and to acquire, hold and dispose of property, both movable and immovable, and to do all other 10 things necessary for the purposes for which it is constituted 11 (1) except as otherwise provided in this act and subject to the provisions of subsection (2) of section 9, the members of a market committee aball be elected by the individuals, authorities or bodies referred to in sub-section (1) of section 9 election and term of office of members 15 (2) the manner of election, preparation and maintenance of the list's of voters, qualifications of members, disqualifications for being chosen as, and for being, a member, the right of vote, the paiyident of deposit and its fo,rfeiture, determination of election disputes, pu'blication of the names of members elected, and all matters ancillary thereto shall be such as 20 may be prescribed (3) if, for any reason, any body of persons, local authority ol" co· operative society or managing committee thereof fails to elect members of any market committee, the director shall give notice in writing re· quiring such body of persons, local authority or cooperative society or 25 managing committee thereof to elect members within one month from the date of service of such notice; and on the failure of such body, authority, society or committee to elect members within the aforesaid period, the director shall nominate the required number of persons who are qualified to be elected under this act representing such body of persons, 30 local authority or co·operative society or managing committee thereof (4) except as otherwise provided in this act, a member of a market committee (not being a committee constituted for the first time) shall hold office for a period of three years and the members of a market committee constituted fur the first time shall hold office for a period of two 35 rears: provided that the administrator may, by notification, extend the term of office of members of any market committee for a period not exceeding one year (5) the names of the members of a market committee who have been ,0 elected or nominated shall be published in the official gazette (6) upon the publication of the names of all the members of a market committee after election or nomination or, as the case may be, upon the publication of the names of at least nine members of such committee in the official gazette, the market committee shall be deemed to be duly 4s constituted 12 (1) the superintendence, direction and control of the preparation creation ofelectionfund  of the list of voters for, and conduct of, all elections to market committee shall be vested in the director, and, for the purpose of preparing thehst _~ -vo  ; add conduct 'of,tions,- every '_ market ,eomjttee" coils\'!-tute an election fund consisting of an amount-equal to five p4:!lcedt of all money received by it by way of fees under this act during any year or two thousand rupees per annum, whichever is leis (2) the election fund shall be invested in such mander' asthe dire£-s tor may direct, regard beidg,had -to elec:iiqas-to:belheld:dm:iag<&jyear',aad the necessity to have the moneys av"nable from the fund f'or,mee~ the expenses in relation to the preparation 'of the list of voterb,or<fordie conduct of elections; or both 1'0 (3) every market committee shall, not later than the 3ht ~ of ~tober each year, inform the director or any person author'ised 'by 'him in this behalf, of the amount standing to the credit of the elee4lior fund on the 30th day of september and also at any other time wheft -n!quil'ed qy the director (4) whenever the list of voters is to be prepared or revised'or any is tlection to the market committee is to be held, the director or -any person \uthorised by him in this behalf shall in writing inform themaril'et '::ornmittee to deposit with him such amount and before such date as may be specified in the direction for meeting the expemeg for'ppepariftg or revising the list of voters or, as the case may be, for conducting the 2'0 election, or both and the market committee shall comply with such direction (5) the director or any person authorised by him in this behalf -shall, after the preparation or revision of the list of voters or after the declaration 'of the result of ute electi'on, draw up a statement of expenditure 2s incurred in preparing or revising such fist or in conduetingthe election and shall, within a period of three months from sueh preparation or revision of the list or declaration of the result, as the case may be, forward the same to the market committee for information (6) the balance of the amount remaining unspent, if any, mall be 3'0 refunded to the market committee and, if the expenditnre meutted exceeds' the amount of deposit, the director, or any person authorised by him in this behal1, shall direct the market committee to pay the-excess amount, as specified by him in the direction, within one month from the date of the receipt of the direction and the market committee shall cllm- 3s ply with such direction 13 (1) the term of 'office of members of a market committee shall be deemed to commence on the date of the ftrst meeting of ' the market committee at which business is transacted: proviciedthat; a person, who is a member :by' wtue· of btsbeiag the 40 chairman of a co-operative society or member-'of acklcal ntlleplty10r of the meiropolitancouncilof delhi,shall cease to hold ailee  n  g tobellllch cbainnan or member, and in thecase of "'person who:,a licensee he shall cease to hold office on his ceasing to be the holder1of'jtbe licence (j) the first meeting of the market committee, to be ealled by' tile ~chainmm shan be held on such date as may be ftxed by the director, _ any',ofticer authorised by him in that behalf, being date not later ttia ~ tbijliy dap-:from -the· date on which· the' committee is deemed, under su  tim 1(') ofwectiod 11, to'be duly constituted s (j)where the fintmeeting calullot, for any reason, behetd within the  ielperiod oftbirty days, the director shall report the fact to the l\draiailtrater stating iile re&80ds for the failure to hold the meeting, and iiaau -act aecocding ,to the directions of the administrator issued ,in that behalf (4) tm term of oftice of the outgoing members shall be deemed to 10 extend to, and expire with, the date immediately preceding the date of sucllftrst meeting 14 (1) a member of a market committee may resign his office by writing· unger his hand addressed to the chairman and the chairman may resign his ofilce of melyiber by writing under his hand addressed is to the director, uld the resignation shall take effect from the date on which it is accepted 'by the chairman or, as the case may be, the director resignation of members an'd nomination in certain circumstances (z)if at any time it appears to the administrator that any :market committee, by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or lm-20 posed upon it by or under this act, he may, by notification, nominate persons to fill the vacancies of the members who have resigned; and the persons so nominated shall hold oftlce for the ramainder of the term of the members in wlwse place they are nominated or until the vacancies are duly filled hy election or nomination, as the case may be 2515 the administrator may on the recommendation of the market committee supported by not less than nine members of that committee, present and voting at a meeting, remove any member if he has been guilty of neglect or misconduct in the discharge of his,duties, or of any removal ofmembers tor misconduct di~graceful ,conduct, or has become incapable of performing his duties as 30 a ulember or is adjudged, an insolvent: provided that no such member shall be removed from office unless 'he has been gtveft a reasonable opportunity of being 'heard by the adnurumator ii; -&lbjeet to 1:ibe--provijiom of sub-section (3) of section 11 and sub-casual 35 <mctioll"(2') of 1iect4on 14,m the event -of a' vacancy occ~ng on" acootmt vacanciet «, the deata, resignation or removal of a member, whether ele~ 'or aemiaated, aefore the ftipiry of 'his term of office, or otherwise, the chairman of the market committee shall forthwith communicate tse occurrence of such vacancy to the director and the vacancy shall be filled 40 8s soon as conveniently may be, by election, or, as the case may be, nomination, of a person who shall hold office for the remainder of the term of office of the member in whose place he is elected or nominated: provided that, if the vacancy occurs at any time, within six months immediately preceding the date on which the term of office of the mem-45 bar is due -10 expire, the vacancy shall aot, uul-s the administrator directs otherwise, be;1ihed, 17 (1) the chairman and the vice-chairman shall hold office for such period u may be prescribed and shall, notwithstanding the expiry of their term of office, continue to hold office until their respective successors enter upon their office terms of office of chairman and vice-chairman and honor 8-rium payable to them (2) there shall be paid to the chairman and the vice-chairman an ~ honorarium of such amount as the board may, having regard to the finances of the market committee, specify; so, however, that the total amount of honorarium to be paid to each shall not exceed rupees one thousand and eight hundred per annum 18 (1) the vice-chairman shall be elected in the first meeting of 10 the market committee procedure for election of vice-chalnnan (2) such meeting shall be presided over by the director or any person authorised by him in this behalf (3) the director or such person shall, when presiding over the meeting, have the same powers as the chairman has while presiding 15 over a meeting of the market committee, but shall not have the right to vote (4) if, in the election of the vice-chairman, there is an equality of votes, the result of the election shan be decided by lots to be drawn in the presence' of the person presiding over the meeting and in such manner 20 as he may determine (5) in the event of a dispute arising as to the validity of election of th(' vice-chairman, the director, if he is the presiding officer, shall decide the dispute himself, and in any other case, the person presiding shall refer the dispute to the director for decision and the decision of 25 th~ director, subject to an appeal to the administrator, shall be final, and no suit or other proceeding shall lie in any court in respect of any such decision ]9 (1) the chairman of the market committee may resign his office by writing under his hand addressed to the director; and the resigna- 30 tion shall take effect from the date on which it is accepted by the director resignation of chairman and vice-chairman (2) the vice-chairman of the market committee may resign his office by writing under his hand addressed to the chairman; and the resignation 'shall take effect from the date on which it is accepted by the chairman 35 20 subject to the rules made by the administrator in this behalf, a chairman of the market committee who absents himself from three consecutive meetings of the market committee without lea've of the board shall cease, on and from the date on which the third such meeting is held, to be the chairman consequences of absence of chairman without leave 21 (1) in the event of, a vacancy in the office of the chairman or the 40 vice-chairman by reason of death, resignation, or otherwise, the vacancy shall be filled as soon as possible,-(a) by nomination, in the case of a market committee constituted for the first time; and vacancies in office of chairman and vice-chairman (b) in any other case, in the manner provided in 8ub-seetion (8)45 or, as the case may be, sub-section (4) of seetion 9  (2) eve:t'y chairman or vi,c~ nominated or electedt uthe case may be, under this section, to fill a casual vacancy shall hold ~ for such period 8$ tb,! clw~ or the vlqfl-c~rltfl in whose place he is nominated, or as the case may be, elected, would have held such , office if the vacancy had not occurr~ 22 (1) on the nomination or election of the chairman or vice-chairmlpl, the o~lspu1i c~map o~ vice-cl'ulirqlij) -u ,rtbwith harad over charge of h'is ~ to tbe successor-in-oftlce  new chairllwl ol'vice-cha~ (2) if the outgoing chairman or vice-chairman fails or refuses to 10 hand over charge of his oftice, as required under sub-section (1) the qirector or any person authorised by the director ijl this, ~lf may, by order in writins, dij"ect such chjir~n or vice-clulirmm ~ th~ cue l~ be, to forthwitq hand oyer c9arge of his o~e to t}~e succ~r-in­<jffice together wiul all records, funds and property of the m~~e~ com-15 mittee if any, in his possession as such chairman or vice-chairman (3) u the outgoing chairman or vice-chairman to whop! a direction has been issued under sub-section (2) does not comply with sllch direction, the director or any qther person authorised by ~~ in th~ ~t>alf may apply to the executive magistrate within the local limits of whose 30 jurisdiction the market committee is functioning for sewpg iijld takinl possession of the records, funds and property of the m~rket go~ittee in the possession of such chainnan or vice-chairman and handing over ~session thereof to the successor-in-oft\ce (4) on receipt of an application under sub-section (3) th" executive 25 magistrate may authorise any police officer, not below the rank of - s\1b-inspector, to enter and search any place where the ~rds tunds and property are kept or are likely to be kept and to seize them and hand over possessio,n thereof to the person specified in such applicuidn· (5) the provisions of the code of crinlj,nal prqpeduj"~, 1~7~, ~hll i of 1974 30 wjy to every sear~h and seizure made under this act ' 23 the quorum for a meeting of the market committee and ~ proeedure to be followed thereat ,ball be regulated in eccor4tll(:f with th! bye-laws made for the purpose by the market cqjnmit_ _"tid, ,te,ot market committee ment~ toct 24 a market committee shall have power to act, notwiij1standtng any y8l:fuh!y 1~ tlw jjl~$:ip, or any detect in the constitution, there-35 qt; @d ~ prpceed~gs of a ~rket committee $h~~l b~ vljlia notwithdurin vaclldc)'; ad ot ~ndiz)g ~t lq~ ~;q wqo wjs not enti~led to be  member, hatt sat, voted or otherwise taken part in the proceedings of an:1 such committee "'rket coinmlt-•• etc, dot to heinvltdltedb~ jlqtonn-uti   market commi'1'tees-powers and dutiespowers and duties 25 (1) subject to the provisions of this act, it shall be the duty of a market committee-otim~ket cq:m-:, : mitt~ (i) to implement the provisions of this act and of the rules and s bye-laws made thereunder for the market area; (ii) to provide such facilities for marketing of agricultural produce therein as the board may, kom time to time, direct; (iii) to do such other acts as may be required in relation to the superintendence, direction and control of markets, or for regulating 10 marketing of agricultural produce in any place, in the market area, and' for purposes connected with the matters aforesaid, and, for that purpose, may exercise such powers and perform such duties and discharge such functions as may be provided by or under this act (2) without prejudice to the generality of the foregoing provisions, is a market committee may-(a) regulate the entry of persons and of vehicular traffic into the market; (b) supervise the conduct of those who enter the market for transacting business; 20 (e) grant, renew, ref-use, suspend or cancel licences; (d) provide for settling disputes arising out of any kind of transactions connected with the marketing of agricultural produce and all matters ancillary thereto; (e) prosecute persons for violating the provisions of this act 2s "'and of the rules and bye-laws made thereunder; (f) maintain and manage the market, including the regulation of admissions to, and conditions for use of, the market; ~  '(11) regulate the marketing of agricultural produce in the market area or the market, and the weighment or delivery of, or pay- 30 mentfor, such agricultural produce; (h) arrange for the collectionl' ,,' (i) of such agricultural produce in the market area in which all trade therein is to be carried on exclusively by the govern-ii1ent by or under any law for, the time being in force for that 35 purpose, or " (ii) of such other agricultural produce in the market area as the administrator may, from time to time, notify in the om~ cia! gazette (hereinafter referred to as the notified produce); (i) acquire, hold and dispose of any movable or immovable pro- ~ perty (including any equipment necessary for the ipurpose of emclently carrying out its duties); (j) collect or maintain, disseminate and supply information ill respect of production, sale, storage, processing, prices andmov~ment of agricultural ~roduce (including information relating to crop-statistics and marketing intelligence) as may be required by the directo,r 5 or the board  (k) take all possible steps to prevent adulteration and to promote grading and standardization of such agricultural produce as may be prescribed; (l) enforce the provisions of this act and of the rules and· bye-10 laws made, and conditions of the licences granted, under this act; (m) perform such other duties as may be prescribed appointmentof sub-committees; delegation of powers 26 a market committee may constitute qile or more sub-cornin1ttees consisting of one or more of its members and, if the committee deems it desirable, may c(h)pt any person with the approval of the board or 15 of any officer authorised by the board in this behalf and may, subject to such restrictions and conditions as may be specified in the regul! tiona framed by the board, delegate to such sub-committees such of its powers or duties as it may think fit z7 (1) a market committee duly authorised by the administrator 20 for the purpose may, by an order published for the information of the public in such manner as it deems fit, open collection centres for collecting thereat the produce specified in such order (hereinafter referred to as the specified produce) (2) where any person wishes to sell any specified produce in a mar~ 25 ket area, he shall tender all such produce only at the collection centre established for the purpose under sub-section (1): provided that, any such specified produce may be tendered through a commission agent or any agency specified by the administrator in this behalf power of the market committee to open collection centres for marketingof speei1led produce; provisions tor receipt and payment byppt; , chuef,   ~ ',' " ~> - ~   ~, : 30 (3) the market committee shall, on the sale of such ~roduce, get it weighed, measured or, as the case may be, counted, forthwith and arrange for issuing a receipt therefor to the person who has tendered the produce at the collection centre for sale or, as the case may be, to the commission agent or any agency and shall also arrange to give a copy of 35 the receipt to the purchaser  'i   :; (4) such receipt shall contain the following particulars, that is to say,-(i) the name of the collection centre; (ii) the name o~ the tenderer; 40 (iii) the name of the purchaser; (iv) the name of the commission agent or agency, if any; (v) the name of the specified produce, the weight, measure or number thereof and the fees paid for the weighing, measuring qr c~unting such prod]lce;  , 45 (vi) grade of specified produce, if any,- and the, rate;· (ri) 'tin "imoont to be paid ·totm 'market tommit by the ·purdtailer; (mu) the amount to be paid by the tenderer to the cotnmiaaion a~nt by way of his cojtunission, if ahy, and such other market charges, as are duly authorised by the market committee; ~ (ii:e) the amount to be paid by the tenderer to b co-operative '=--t liftrr the delhi coopei'ative soetettes act, 19'72; 35 of 1872 (x) the amount of advance price received by the tenderer, if  " itt   t 6f the ~ifted produce; (ri) the amount to be actually paid to the tenderer after deduct- 10 ing tm'mounts, if any, falling under elau5e (mi), clause (viii), clause (iz) or clause (x); and (~i) the total amount to be paid by the purchaser in respect efthe -tpecifted produce purchased by him, (5) 'n dues payable to a market committee under clause (mt) of j 5 -idb~on (if) shatl consist of fees to be levied and collected fn:jm a ·tnrebaser by or under this act (6) the purchaser shall, on receiving a copy of the receipt, pay forthwith the total amount to be paid by him as recorded in the receipt by drawing separate cheques payable en presentation in favour of-20 (a) the market committee, 'for an amount equal to the total of ~ amounts referred to in clause ('ou), clause (viii) or clause (i-r) of sub-section (4); ~ (b) the tenderer for an amount equal to the amount referred to in clause (xi) of sub-section (4) 2~ (7) the market committee, on receipt of the cheques, shall hand ·otift"to t~tenderer the cheque drawn in his favour and arrange to pay, innn the amount received by it under the cbeque drawn ill its favour, to the commission agent and the co-operative society, if any, the amount recorded against each of them in the re<'eipt and credit the balance due 30 'to !t to the market fund ii it shall be competent ror a market committee to levy and collect ach fees (hereinafter referred to as the market fees), not being in -exceu of, or less than, an amount detennined by the administrator, by notification, from every purchaser of agticultural produce sold in a 35 market area in sueh manner as may be prescribed and at such rates as may be '!!pedfted in the bye-laws: provided that the amount determined by the administrator shall not exceed one and a half per cent of the value of the agricultural r:>roduce: provided further that, when any agricultural produce brought into 40 any market area for the i;)urpose of processing only, or for export, is not processed or exported therekom withtnthtrty dayfi'tron'l the date of its arrival therein it shall, until the contrary is proved,be presumed to have been brought into the market area for buying and selling, and shall be , mtn,eelto ,the ~ of feet! under ·thls ~ion, as f!it had been brought 4! iihd -sold'tjtereft\: provided all10 that no such fees shall be levied and collected in the lame ma~t ··a" intelmton to  ny ~lml'id fjmduce tn respect of whieh fees under this' section have already been levied and collected therein it (1) a market committee may, with the previous sanction of the powerto ~oard, raise money required for carrying out the purposes for which it borrow s is established on the security of any pra,erty vested in it and of any fees leviable by it under this act {2) the market committee may, for the purpose of meeting the expenditure on lands, buildings and equipment required for establishing the market, obtain a loan from the administrator on such terms and 10 oonditiona as he may determine (3) a market committee may, with the previous approval of the board, obtain loans from other market committees on such conditions, and subject to such rules, as may be matie execution of contracts 30 (1) every contract entered into by a market committee shall is be in writing and shall be executed on behalf of the committee by the chairman or vice-chairman, and two other members of the committee (2) no contract, other than a contract executed as provided in subsection (1), shall be binding on the market committee bajuthan act 32 f 1858 31 (1) if any dispute arises between an inspector appointed 20 under the rajasthan weights and measures (enforcement) act, 1958, as in force in the union territory of delhi, and any person interested, as to the meaning or construction of any rule made under that act or as to the method of verifying, re-verifyin~, adjustin/! or stampin~ any wei~ht or measure or weighin~ or measurin~ instrument, in any market area, 25 such dispute may, at the request of the person interested or by the inspector of his own accord, be referred to the controller appointed under that act; and the decision of the controller shall, subject to the provisions of sub-section (2), be final certain disputes regarding construction of rules, etc, about weights and measare to be decided by the controller of weights and measure • (2) an appeal shall lie, within such time and in such manner as may 30 be prescribed, from the decision under sub-section (1) to ij1e administrator or such officer as the administrator may appoint in this behalf and the decision of the administrator or such officer shall be flnal  'chapter v officers and servants of market comml'l"l'ees3s 32 (1) every market committee shall have as its secretary a person appointed by the board and whose services are lent to the committee subject to such terms and conditions as the board may provide by regulations made in this behalf | power    | of    ||----------|-------|| market   |       || commit-  |       || tee      | to    || employ   |       || staff   |       |(2) a market committee may, with the previous aqproval of the 40 secretary of the board, employ such number of other officej"s and servants as may be necessary for the management o~ the market and the salary and conditions of service of such officers and servants shall l?e sueh as may be detennined by the board' by regulations made in this behalf (3) every secretary in the service of a market committee constituted under the bombay agricultural produce markets act, 1939, as in force in the union territory of delhi immediately before the commencement of  thi~ act, shall continue in the service of such market committee and shall be deemed to be the servant of the board and his emoluments and other s conditions of service shall be such as may be determined by the board by regulations made in this behalf  chapter vi  i maltketinc of agricultural produceregulation ot marketingot agricultural produce 33 (1) subject to the provisions of this section and of the rules 10 providing for regulating the marketing of agricultural produce in any place in the market area, no person shall, on and after the date on which an area is declared under sub-section (1) of section 4 to be a market area, without, or otherwise than in conformity with the terms and conditions of, a licence granted by-is (a) the director, when a market committee has not been constituted or has not started functioning; or, (b) in any other case, by the market committee,-(i) use any place in the market area for the marketing of the agricultural produce specified in the said declaration; or 20 (ii) operate in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman or in any other capacity in relation to the marketing of such agricultural produce (2) nothing in sub-section (1) shall apply to the retail sale by an 2s agriculturist of his own produce, or to sale by a person, not being a trader or agriculturist, where such person himself sells to another who duys for his personal consuinqtion or the consumption of any member of his family grant ot licences 34 (1) subject to rules made in this behalf, a market committee may, 30 after making such inquiries as it deems fit, grant or renew a licence f<lr the u'se of any place in the market area for the marketing of agricultural produce or for operating therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman or in any other capacity in relation to the marketing of agricultural produce or may, 3s after recording its reasons in writing therefor, refuse to grant or renew any such licence: provided that the director may, where a market committee has not been constituted or has not started functioning, subject to any rules that may be made in this behalf, grant a licence for the marketing of 40 agricultural produce or for operating in any market area as a trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman or in any other cat;lacity (2) a licence granted under sub-section (1) ,-(a) shall be in such form, valid for such period, and subject to 4s auch terms, conditions, restrictions and limitations as maybe prescribed and such restrictions may include a provision prohibiting brokers and commission agents from acting in a~y transaction (except between a trader and a trader) in respect of agricultural produce other than poultry, cattle, shefq and goats and such other agricul-5 tural produce as may be prescribed; and (b) may also specify,-(i) the manner in which and the place at which auction of agricultural produce shall be conducted and bids at such auction shall be accepted; 10 (ii) places at which weighment and delivery of agricultural produce shall be made in any market or market area and on payment of such fees as ~ay be prescribed 35 (1) subject to the provisions of sub-section (3), a market committee may, for reasons to be recorded in writing, suspend or cancel a i s licence granted or renewed under this chapter,-power to cancel or suspend ucencetl (a) if the licence had been obtained through wilful misrepresentation or fraud; (b) if the holder of the licence or any servant or anyone acting on his behalf, with his express or implied permission commits a 20 breach of any of the terms or conditions of the licence; (c) if the holder of the licence in combination with other holden of licences commits any act or abstains from carrying out his normal business in the market with the intention of wilfully obstructing, suspending or stopping the marketing of agricultural produce in the 2s market area; (d) if the holder of the licence has been adjudged an insolvent, and has not obtained his discharge; or (e) if the holder o~ the licence is convicted of any offence under this act 30 (2) notwithstanding anything contained in sub-section (1) but subject to the provisions of sub-section (3), the director may, lor reasons to be recorded in writing, by order, suspend or cancel any licence granted or renewed under this ch~ter (3) no licence shall be suspended or cancelled under this section, 35 unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action 36 (1) any person aggrieved by an order-appeal (a) of the market committee, refusing to grant or renew a licence, or cancelling or suspending any licence, may appeal to the board; (b) of the director, refusing to grant or cancelling or suspending a licence, may appeal to the administrator, within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed ,  (2) the board or, as the case may be, the administrator shall, on such appeal, make su,ch order as it or he may deem just and proper: provided that, before dismissing an aqpeal, the board or, _ the case may be, the administrator shall give the appellant a reasonable opportunity of being heard, and record in writing the reasons for such 5 dismissal provision for settlementof disputes 37 (1) for the purpose of settling disputes between buyers and sellers of agricultural produce or their agents including any disputes regarding quality or weight or payment, or any matter in relation to the regulation of marketing of agricultural f?roduce in the market area, the 10 market committee constituted for that market area may appoint arbitrators or constitute from amongst its members a sub-committee (2) the method of appointment of arbitrators, the constitution and function of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes shall be such as may be prescribed 15 (3) any party, aggrieved by the decision of the arbitrator or the bub-committee, may prefer an appeal from such decision to the board in such manner and within such time as may be prescribed  chapi'er vii marketing development fund and market fmm20 38 (1) all moneys received by the board shall be credited into a f1uld to be called the marketing development fund marketing deve_ lopment fund (2) all expenditure incurred by the board shall be defrayed from such fund which shall be jointly operated by the chairman and the secretary 25 (3) the amount standing to the credit of the marketing development fund shall be kept or invested in such manner as may be prescribed (4) the amount standing to the credit of the marketing development fund shall be expended for all or any of the following purposes, namely: --  ,0 (i) better marketing of agricultural prod~e; (ti) marketing of agricultural produce on co-operative lines; (iii) collection and dissemination of market rates and news; (iv) grading and standardisation 01 agricultural produce; (v) general improvements in the markets or their respective 3; areas; (vi) maintenance of the oftice of the board and construction and repair of its office buildings, rest houses and staft q\ull1oh; (vii) giving aid to financially weak market committees in the , of 108lll, or arante, or b9tb; 40 (mii) qayment of salary, leave, allowance, gratuity, compassio-te auowanae, compensation for iqjuria or deaul resulullj froa acdaentl, while oq, dvty, ~eal aid, penaioll or prov1det fund to the persons e~oj8d 1?y: ~ ~ ~d l~ve and pension contributions to government servants on deputation;      ~: : i - i' , (~), payjllent of travelling and other allowances to ~ members til and employees of the board; , (a;) propagapda, demo~tration and publicity in favour of , agricultural tmp~ovements; 1, , ' - (a:£) production and betterment of agricultural produce;' (xii) meeting any legal expenses incurred by the board; (a:iii) imparting education in marketing of agricultural produce; - 10 (xiv) construction o~ godowns; (xv) expenses incurred in auditing the accounts of the tboard; (xvi) with the fprevious sanction of the administrator, any other purpose which is calculated to promote the general interest of the board and the market committees or the national or public interest: i; ~ provided that, if the board decides to give aid of more than five thousand rupees to a financially weak market committee under clause (vii), prior approval ,of the administrator, to such payment shall be obtained market fund, its custody and invtment - - 38 (1) all fees and other moneys received by a market committee ; 'under this act (exc~t the amount of such fees credited to the election 20 fund under section 12), an sums realised by way of penalty (otherwise  -than by way of a fine in a criminal case), all loans raised by th~ committee, and all grants, loans or contributions made by the administrator to ;  _ the committee shall form part of a fund to be called the market fund (2) the amount to the credit of a market fund shall be kept or ~, invested in such manner as may be prescribed '(8) every market committee shall, out of the market fund; pay--30 -(0) to the board, as contribution, such pereentage of its income derived from licence fee and market fee, as well as the amount paid to it under sub-section (4) of section 59, as is specified below, to enable the board to defray its expenses on the office estabushment and other expenses incurred by it in the interest of the market committee generally,-(i) if the annual income of a market committee does not exceed rs 10,000  -10 per centum; 35 10 per centum; (it) if the annual income of a market committee exceeds rs 10,000 but does not exceeds ri 15,~n the first rs 10,000 15 per centum; r on the next rs 5,000 or part thereof (iii) if the annual income of·a m'arkwt committee ~ ra 15,ooo--on the ftrtt ra 10,000 10 per centum on the next rs· 5,000 11 per centum; on the remaining income 2d per oentum; , (b) to the administrator, the cost of any special or additional staff employed by the government, in consultation with the market committee, for giving effect to the proviaions of this act in the market area (4) the administrator shall detennine the cost of the special or 10 additional staff referred to in clause (b) of sub-section (3) and shall, where the staff is employed for the purposes of more market committees than one, apportion such cost among the market committees concerned in such manner as he thinks fit, and the decision 01, the administrator dete-mining the amount payable by any market committee shall be final is 40 the amount standing to the credit of the market fund may be :,qtpended for all or any of the following purposes, namely:-(a) the acquisition of site or sites for the market; (b) maintenance, development and improvement of the market; purpo&es for which market fund maybe expended (c) construction of, and r~airs to, buildings necessary for the zo purposes of such market and for the health, convenience and ,81ety oi persons using it; (d) the provision and maintenance of standard weigh" ,and measures; (e) pay, penion and leave, allowances, gratuitiel, compensa- 25 tiona for injuriea or death, resulting from accidenta, compauiollate allowances and contributioill towards leave, ,allowancet, penaioda or provident fund of the officen and lervants employed by tbe market committee; (1) the payment of interest on loan, if any, railed by the l\iarkt jo committee and the provision of sinking fund in respect of luch loan; (g) the collection and dissemination of information regardi~1 matters relating to crop-statistics and marketing in respect of the a¢cultural produce specified in the notification under ub~ction (l) oi section 4; is (h) propaganda in favour of agricultural improvement and orderly marke~; (i) payment of travelling and other allowances to the memberl of the market committee and its aub-eommittee and of lubcommittees, if any, constituted under section 37; (j) the payment of honorarium to the chairman add vice- <4q chairman under sub-section (2) of section 17; (k) giving grant or donation to any institution or body conducting any educational or welfare activities for the benefit of agriculturists in the market area, subject to the condition that the amount of such grant or donation does not exceed, in the aggregate, ten per 5 ~ent of the net amount remaining after deducting the expenditure from the revenues of the year immediately preceding the year fd which such grant or donation is made; (i) expenses of any tribunal constituted under sub-section (4) of section 60; (m) any other function of the market committee epeclfted in this act or in the rul made thereunder; (ti) for any other purpose, with the previous ap;>roval of the admintrator a the manner in which any payment from the marketing development pund or market fund han be made, its account shall be kept ud audited or reo-audited (including power, to be exercised by the 10 auditor in that behalf), its annual, revised or supplementary budget esti-mates of income and exj;>enditure shall be made (including provision for modifying, annulling or rescinding such budgets) and its annual adminiltrattoh 1'eport shall be prepared, shall be such al may be preaeribed manner otauditid,accounts, preparm, budlet, annual report, etc  chapter vm tiladi: allowances pjlohib:rrm42 no person shall make, or cause to be made on his behalf or on behalf of any other persoil, or recover, or cause to be recovered on his behalf or on behall of any other person, any trade allowance in any market or market area in relation to any transaction made or proposed to be made 20 in the market area in respect of any agricultural produce makin, errecoveryot trade allowanee prohibit ed expfana««m-for the purposes of this section, trade allowance meanl any deduction in qrice or rate of the agricultural produce on account of any variation in the quality, weight, container, sample or admixture  i chapter ixcontrol by the board  43 the board, or any officer authorised by it by general or special or_ in thi· behalf, may-(a) inspect or cau8e to be inspected the accounts and ot!lces of a market committee; inspection, inquiry, lubmillional statements, etc 30 (b) hold inquiry into the affairs of a market committee; | (c) can fur any                             | return,        | statement, accounts    ||---------------------------------------------|----------------|------------------------|| report                                      |                |                        || whieh                                       |                |                        || it                                          |                |                        || or                                          |                |                        || he                                          |                |                        || may                                         | think          | fit to                 || twqui~luch                                  |                |                        || committe\!                                  | to             |                        || furnf8h;                                    |                |                        || (d) require a market committee to take into | consideration- |                        |3s (i) any objection which appears to it or him te  t to the deing ofl anything which is about to be done or ii being dom'· by or on behalf o~ such committee, or (if) any information it, or he, is able to furnish and which appears to it or him to necessitate the doing of a certain tblng, which il not being done by such committee, 8· and make a written reply to it or him within a reasonable time statine tta realonl for doin •• or not doing such thing; (e) direct, pending consideration of their reply made under clause (d), that anything which is about to be done or is being 'done, sh~d 'not be done and anything which should be done but is not being done, should be done within such time as it or he may direct 44 (1) when the accounts and offices of a market committee are 5 inspected, or the aftairs of such committee are inquired lnto, under ~ tion 43, or the proceedings of such committee are examined under section 46, all officers, servants and members of such committee shall furnisb such information in their possession in regard to the actountc; and olftces or affairs or proceedings of such committee as the board, or the ofbeera res - authorised by the board, as the case may be, may require (2) the board or any officer inspecting the accounts and oftlces,or inquiring into the affairs, of a market committee under section 43,01' the board examining the pro,ceedings of such committee under section 46, dutyot omeers, servants and members of market committee toturnish information to board, authorised officers and administrator !,11ull, for the purposes of such inspection, inquiry or examination, have 15 the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, lof idol namely:-,~ (a) the summoning and enforcing the attendance of any officer, servant or member of the market committee and examining him on 20 oath; (b) the discovery and production by any officer, servant or member of the market committee of any document or other material object producible as evidence; and (c) the reception crf evidence on affidavits 25 (3) any officer exercising the powers conferred by sub-section (2) shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal proceaure, 1973 2 of un" seizure of account books and other documents 45 where the board has reason to believe that the books and reconlf of a, market committee are likely to be tampered with or destroyed or 30 the funds or property of a market committee are'likely to be misappropriated or misapplied, the board may issue an order dlrectlng a, perion duly authqrised by it in writing to seize and take possession of such boob and records, funds and property of a market committee, and the officer or 'officers of, the market committee responsible for the custody of such 35 books, records, funds and property, shall give delivery thereof to ,the person so authorised 46 the board may, at any time, call for and examine the proceedings of any market, committee for the purpose of satisfying itself as to the legality or p~riety of any decision or order passed by the market com- 40 mittee under this act, and if, in any case, it appears to the board that ,~ any decision or order or proceedings 10 called for should be modified, annulled or reversed, the board may pass such order there01l as it thidki fit, ' ~ '  " " , " , " " powerso! board to call for proceedings of market commit_ tee and to pass orders thereon - aalallamationor division of market committee 4t (1) where the adminjstrator is satisfied that, fqr securing eftlcient regulation of marketing of agricultural ~roduce in a market area, it is necessary that two or more market committees therein should be amalgamated or any market committee therein should be divided 5 into two or more market committees, he may, after consulting tiie market committees or market committee, as the case may be, and the board, by notification, provide for the amalgamation of such market committees into a single market committee or division of the market committee into two or more market committees for the market area in respect loot the agricultural produce specified in the notification with such constitution, p~, rights, interests and authorities and such liabilities, duties and obligations (including provision in respect of contracts, assets, employees, proceedings and such incidental, consequential and supple- mentary matters as may be necessary to give effect to such amalgamation 15 or, as the case may be, the division) as may be specified in the notification (2) where mqre market committees than one are established in any market area under sub-section (1), the administrator may, notwithstanding anything contained in this act, issue general or special direction as 20 ttl which of the mark~t committees shall exercise the powers, perform the duties and discharge the functions of a market committee under this act, in respect of matters in which they are jointly interested (3) where any direction is issued under sub-section (2), the cost incurred by a market committee in pursuance of the direction shall be 2s shared by the other market committee concerned in such proportion as may be agreed u~n, or, in default of agreement, as may be determined by the administrator or such officer as he may direct in this behalf and the decision cd the administrator or such officer, as the case may be, shall be final supersea sion of market committee, etc 30 48 (1) if, in the opinion of the administrator, a market committee, or any member thereof, is not competent to perform, or persistently makes default in performing, the duties imposed on it or him by or under this act, or abuses its or his powers or wilfully disregards any instructions issued by the administrator or any officer duly authorised by him in this 3s behalf and arising out of audit of accounts of the market committee or inspection of the office and work thereof, the administrator may, for reasons to be recorded by him in writing and after giving the committee or member, as the case may be, an opportunity of tendering an explanation, by notification, supersede, such market committee, or remove such 40 member, as the case may be; and, where a member is removed the vacancy so caused shall be ftlled in the same manner, and suhj~t to the same condition in regard to term of office, as provided in section 16 (2) upon the publication of a notification under sub-section  (1) superseding a market committee, thefouowing consequences shall 45 enljue, that is to say,-(4)' au members of the market committee shall, as from the date of such publication, be deemed to have vacated their oftlces; (b) all the assets of the committee shall vest in the board and the board shall be uable for al1le,auy enforeeable uabiliti8 of the committee, subeistijle on the date of jts supenellion, - the _teat of the aaid auetsi (c) the administrator may, by ortier, either coltstitute il new market committee in accordance with the provisions contained in chapter iii or make such other arrangements for the carrying out of' s the functions of the market committee as he thinks fit (3) if the administrator constitutes a new market committee under clause (c) of sub-section (2), he shall transfer the assets and liabilities of the market committee, as on the date immediately preceding the date of such transfer, to the new market committee so constituted 10 (4) where the administrator doles not constitute a new market committee under clause (e) of sub-section (2), the balance of the assets of the market committee as may be left after meeting all the liabilities of such committee shall continue to vest in the board and the board shall utilise the said assets for such objects of public utility as the adminis- is trator may by order specify as being conducive to the regulation of the marketing of agricultural produce in the market area  chapter x49 if the outgoing chairman or vice-chairman, to whom a direction 20 has been issued under sub-section (2) of section 22, does not, except ror reasons beyond his control, comply with such direction, he shall be puni:'hed with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both penalty for not complying with directiona under sub-alction (2) of section 22 penalty for contravention of l'ie'ction 33 so whoever, in contravention of the provisions ofsub-section (1) of section 33, uses any place in the market area for the marketing of the agricultural produce specified in the declaration made under sub-section (1) of section 4, or operates in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, measurer, 30 surveyor, warehquseman, or in any oth~r capacity in relation to the marketing of agricultural produce specifi'ed in such declaration, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both; and, in the case of a continuing contravention, with a further fine which· may 3s extend to fifty rupees for every day, after the -ftnt, durina wlltch the contravention contid1lei 11 wbotwer,id contravention of the provisions oll8ction 42, makes or eaulli to be inade or·recovers or cauije8 to be recqvered any trade allow- anee ahalt, be punilhed with :imprisonment for a tenn whicll may extend to three months, or with fine whleh may extend to five hundred rupees, 6 or with both penalty for making or recovering trade allowance i! whoever obstructs any officer in carrying out the inspection of accounts, or in holding any inquiry into the affairs of a market committee or fails to obey billy order with reference to ~ny matter specified in 1:lause (a), clause (c), clause (/i) or clause (e) of section 43, shall, l o be punished with fine which may extend to two hundred rupees for everyday during which the offence continues 53 if any officer, servant or member of a market committee, when required under section 44 to furnish information in regard to the accounts and oftlces or affairs of the mar-ket committee or the proceedings of a is market committee,-(a) wilfully neglects or refuses to furnish any information; dr p"malty for obstruction of officer, and failure to obey order under section 43 penalty for contra\'ening provisions of section 44 (b) wilfully furnishes information which is false or incorrect in material particulars, such officer, servant or member shall, be punished with imprisonment for 20 a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both penalty for cintravention of section 4>; 54 whoever, in contravention of the provisions of section 45 obstructs any person in seizing or taking possession of any books, records, funds or property of the market committee or fails to give delivery thereof to 25,·auch person shall, be punished with fine which may extend to two bundred rupees 65 whoever contravenes any provision of this act or of any rule or bye-law made thereunder shall, if no other penalty is provided for such contravention elsewhere in this act or in the rules or bye-laws, be 30 punished with fine which may extend to two hundred rupees general provisionfor punishment of offence  chapter xi miscellaneousliaballty of memben 01' employees of board or market committees 56 (1) every member or employee of the board or any market committee shall be liable for the loss, wastage, misappropriation or misappli-9s cation of any money or other property belonging to a market committee, if such loss, wastage, misappropriation or misapplication is proved to the satisfaction of the board to be the direct consequence of the neglect or miaconduct on the part of such member or employee, and he may, after beidg given an opportunity by a written notice to show cause why he 40 should not be required to make goad the loss, be required by the board to make good the amount of money or the value of the property so 10lst, wasted, misappropriated or misapplied, and, if the money or the value of the property is not made good within one month itom the expiry of the period of appeal specified in 8ub-sectioq (3) an ~ount equal to the money or the value of the property shan be ncov!1"~ from such member or employee as an arrear of land revenue: provided that no such member or employee shall be called upon to 5 show cause after the expiry of a period of four years from the occurrence of such loss, wastage, misappropriation or misapplication or after the expiry of a period of two years from the time of his ceasing to be a member or an employee of the board or market committee, as the case may be, whichever is earlier 10 (2) every member or employee of the board shall be'liable for the loss, wastage, misappropriation or misapplication of any money or other property belonging to the botard, if such loss, wastage, misappropriation or misapplication is proved to the satisfaction of the board to be the direct consequence of the neglect or misconduct on the part of such member is or employee in the performan<:e of his duties as such member or employee, and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be required by the board to make good the amount of the money or the value of the property so lost, wasted, misappropriated or misapplied, and, 20 if the money or the value of the property is not made good within one month from the expiry of the period of appeal specified in sub-section (3), an amount equal to the money or the value of the property shall be recoverable from such member or employee as an arrear of land revenue: provided that no such member or employee shall be called upon to 2, show cause after the expiry of a period of rour years from the occurrence of such loss, wastage, misappropriation or misappli<:ation or after the expiry of a period of two years from the time of his ceasing to be a member or an employee of the board, whichever is earlier (3) the member or employee against whom an order under sub-sec· 30 tion (1) or sub-section (2) is made, may, within thirty days from the date of the service of such order, appeal to the administrator who shall have the power of· confirming, modifying or reversing the order made by the board (4) in coilll;luting the period of two years or four years, as th~ case 3s may be, the period during which any proceeding was stayed or the period during which any appeal or revision against the order for making good the loss, remained pending, shall be excluded 57 the chairman, the members, the secretary and other officers and servants of the board and the chairman, vice-chairman, members, 40 secretary and other officers and servants of a market committee shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 t lato chairman, etc, ot the board and the market c0mmittee to be pub11c servan • sf (1) no suit or other legal proceeding shall be illl'tituted againt the board or any market committee or any member, ofbcer or servant 45 thereof or any person acting under the direction of any such board, market committee, member, ofbcer or servant for anything done or pur-bar of suit in the absence of notice ported to be done, in good faith as such member, ofticer, or servant u1\der this act, until the expiration of two months next after notice in writing, stating the cause of action, the name and place of residence of the intending plaintiff and the relief which he claims, has been, in the case of the s board or market committee, delivered or left at its office, and in the case of any such member, officer, servant or person as aforesaid, delivered to him or left at his office or usual place of residence, and the plaint shall contain a statement that such notice has been so delivered or left (2) every such suit shall be dismissed unless it is instituted within j 0 six months from the date of accrual of the alleged cause of action (3) nothing in this section shall be deemed to apply to any suit in-47 of 1983 stituted under section 38 of the specific relief act, 1963 trital of olfencea 59 (1) no offehce under this act, or any rule or bye-law made thereunder, shall be tried by a court inferior to the court of a judicial magis-is trate of the first class (2) no prosecution under this act shall be instituted except by the director or any officer authorised by him in that behalf or by the secre-1my or by any other person duly authorised by the board or the market committee, as the case may be, in that behalf 20 (3) no court shall take cognizance of any offence under this act or any rule, order or bye-law made thereunder, unless conl,plaint thereof is made within six: motllths from the date on which the alleged commission of the offence came to the knowledge of the director, officer, secretary or person referred to in sub-section (2) 2s (4) all fines received by a court from an offender shall be ereclited to the government revenues and an amount equal to such fine shall be paid by the gov~rnment to the board or the market committee, as the case may be 60 (1) every sum due from the board or a market committee to the 30 government shall be recoverable as an arrear of land revenue recovery of sums due to government, board, market committee and other  (2) subject to the provisions of sub-section (3) of section 63, any sum due to the board or a market committee on account of any charge, costs, expenses, fees, rent or on any other account under the provisions of this act or any rule or bye-law made thereunder or any sum due to an airl-3s culturist for any agricultural produce, specified under sub-section (1) of section 27, sold by him in the market area and which is not paid to him as provided by or under this act, shall be recoverable from the person from whom such sum is due, in the same manner as if it werp an arrear of land revenue 40 (3) if any question arises whether a sum is due to the board or market committee or any agriculturist within the meaning of sub-section (z), it shall be referred to a tribunal constituted for the purpose which shall, after making such inquiry as it may deem fit and after giving to the person from whom it is alleged to be due, an opportunity 45 of being heard, decide the question and the decision of the tribunal shall be final (4) the administrator may constitute one or more tribunals consisting of one person, possessing such qualifications as may be prescribed, who is not connected with the board or market committeeor the agri-so culturist, as the case may be, or with the person from whom the sum is alleged to be due  (5) except as otherwise directed by the tribunal in the circumstan  ces of any case, the expenses of the tribunal, as computed by it, shall, ordinarily, be borne by the party against whom a decision is given 8l the administrator may, by notification, and subject to such conditions, if any, as he may think fit to impose, delegate all or any of the s powers conferred u{x)n him by or under any of the provisions of this act to the board or any other officer or person specified in the notification power of administrator to delegate powers 62 (1) the central government may, by general or special order, published in the official gazette, exempt the board or any market committee or any class of persons from any of the provisions of this act or 10 any rule, regulation or bye-law made thereunder or may direct, in like manner, that the provisions of this act shall apply to the board or any market committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order (2) all orders made under sub-section (1) shall be laid, as soon as is may be after they are made, before each house of parliament power to exempt the board, market committee, etc, from provisions of the act (3) the administrator may, by general or special order, published in the oftlcial gazette, direct that any rule, regulation or bye-law made under this act shall apply to the board or any market committee or any class of persons with such modifications, not affecting the substance 20 thereof, as may be specified in that order power to make rules 63 (1) the administrator may, by notification, make rules for carrying out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following 2s matters, namely:-(a) the manner of holding an inquiry under section 4; (b) preparation of the estimates of annual income and expenditure of the board under sub-section (14) of section 5 and matters connected therewith; 30 (c) the manner in which the members of a market committee may be elected, under section 11, including all matters incidental to such election; (d) term of office and other conditions of service of chairman or vice-chairman of the market committee under sections 17 and 3s 20; (e) the duties of market committees under sub-section (2) of section 25 and the promotion of the grading and standardisation of such agricultural produce as may be specified in the rules, under clause (k) of that sub-section; 40 (f) the manner of levy and collection of market fees by market committee, under section 28; (g) the conditions subject to which loans may be obtained by a market committee from another market committee under subsection (3) of section 29; 45 (h) the manner in which and the time within which an appeal may be filed under sub-section (2) of section 31 or sub-section (2) of section 71; (i) the form of licence and the terms and conditions subject to which a licence may be granted or renewed, including the fee to be so paid in respect of such licence, under section 34; (j) the fees payable in connection with the weighment and delivery of agricultural produce under section 34; (k) the manner in which an aweal may be filed under sub-section (1) of section 36; 5 (l) the composition of sub-committees, method of appointment of arbitrators and the fees, if any, that may be paid by parties for the settlement of disputes, the procedure to be followed by the su~ committees or arbitrators for the settlement of disputes and the 10 manner in which and the time within which an appeal may be preferred from the decision of the sub-committee or arbitrator under section 37; (m) the manner in which the amount to the credit of a marketing development fund or a market fund shall be kept or invested under sub-section (3) of section 38 or, as the case may be, sub-section (2) of section 39; 15 (n) travelling and other allowances payable to the membe~ of the board or the market committees; 20 (0) the manner in which payment from the marketing development fund or market fund shall be made, its account shall be kept or audited or re-audited, budget estimates of income and expenditure shall be made and annual administration report shall be prepared under section 41; (p) the qualifications of a member of a tribunal constituted under sub-section (4) of section 60; 25 (q) any other matter which is required to be, or may be, prescribed (3) any rule made under this section may provide that, if any purchaser fails to make the payment forthwith as required by sub-section (6) of section 27, he shall be liable to pay interest from the date of sale 30 to the date of payment at such rate as may be provided in such rule, such rate not being in excess of the maximum rate of interest fixed for unsecured loans by banking institutions and if payment is not made within thirty da~ from the date on which the agricultural produce is sold, the principal and interest shall be recoverable by the market committee 35 from the purchaser in the manner provided in section 60 (4) any rule made under the provisions of this act may provide that the contravention thereof shall, on conviction, be punished with fine which may extend to five hundred rupees (5) the power to make rules conferred by this section shall be sub-40 ject to the condition of the rules being made after previous publication (6) every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 45 session immediately following the 'session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall 50 be without prejudice to the validity of anything previously done under ~! , that rule  ~ m (1) the board may, with the previous approval of the administrator and by notification, make regulations, not inconsistent with any rules made under this act, for carrying out the provisions of this act power to make regula· tiona (2) in particular, and without prejudice to the generality of the fore going power, such regulations may provide for all or any of the follow- s ing matters, namely:-(a) the method of recruitment, the scales of pay and other conditions of service of employees of the board; (b) regulation of transaction of business at the meetings of the board; 10 (c) delegation of duties and powers of the board to its chairman or secretary or any other officer employed by it, (d) delegation of duties and powers of the market committees to its sub-committees; (e) terms and conditions regarding lending of services of secre- is tary and the salary and other conditions of service of 'other officers and servants of market committees bye-laws 65 (1) subject to any rules and regulations made under this \ct, a"ld with the previous sanction of the board or any other officer specially empowered in this behalt by the administrator, a market committee 20 may, in respect of the market ar«>a for which it is constituted or any markets established therein, make bye-laws for determining the quantity of agricultural produce which may be provided for retail sale, for the regulation of the business (including meeting, quorum and procedure) of the market committee, and the conditions of trading in the 25 market area, including the rates and manner of collection or refund of market fees or any other fees levied under this act (2) where a market committee fails to make bye-laws under this section within six months from the date on which this act comes into !force or the date of its constitutio,n, whichever is later, the board may 30 make such bye-laws as it may think fit and the bye-laws so made shall remain in operation in relation to that market committee (3) (a) notwithstanding anything contained in this act or the rules, regulations or bye-laws made thereunder, if the board considers that an amendment, alteration, rescission or adoption of a new bye-law is neces- 3s sary or desirable in the interests of a market committee, it may, by an order in writing to be served on the market committee by registered post, require the market committee to make such amendment, alteration, rescission or adoption of new bye-law within such time as may be specified in such order 40 (b) if the market committee fails to make the amendment, alteration or rescission or to adopt the new bye-law within the time specified by the board in its order under clause (a), the board may, after giving the market committee an opportunity of being heard, register such amendment, alteration, rescission or adoption of such new bye-law, and 4s issue a certified copy thereof to the market commitee (c) the market committee may, within thirty days from the date of issue of the certified copy referred to in clause (b), appeal against such order to the administrator, (d) where an appeal is presented within the period specified in clause (c), the amendment, alteration, rescission or new bye-law shall not come into force till the order is confirmed by the administrator (e) a certified capy of the amendment, alteration, rescission or the 5 new bye-law registered by the board under clause (b) shall, subject to the result of an appeal, if any, under clause (c), be conclusive evidence that the same has been duly registered and such amendment, alteration, rescission or new bye-law shall be deemed to have been made by the market committee 10 (4) no bye-law or rescission of a bye-law or its alteration or amendment shall take effect until it has been confinned by the board and notified in the official gazette (5) any bye-law made under the provisions of this act may provide that any contravention thereof shall, on conviction, be punished with 15 fine which may extend to one hundred rupees 86 the administrator may, a~ter consulting the board and market committees concerned, by notification, include in the schedule any item of agricultural produce or, amend, or exclude, any of the items of agricultural produce specified in the schedule power of adjjljnm-trator to amend schedule 20 67 when, before the commencement of this act, any area comprised in any market area was excluded from such market area under section 4 of the bombay agricultural produce markets act, 1939, as in force in the union territory of delhi immediately before the commencement of this act, and the area so excluded was declared as a separate market 25 area and a market committee was constituted therefor, and both the market committees continue to function immediately after such commencement and the assets, rights and liabilities of, the separate market committee are not yet determined, then, the administrator may, by notification, after consulting the market committee concerned, /?rovide 30 for the transfer of the assets, rights and liabilities of the market committee in relation to the area so excluded (including the rights and liabilities under any contract made by it) to the separate market committee on such terms and conditions as may be specified in such notification power of administrator to transfer asset, etc, in cil8£5 of market committees constituted for excluded areas under bombay act 22 of 1939 power to writ off irrecoverable feel, etc 35 68 whenever it is found that any amount due to the board or a market committee is irrecoveralble or should be remitted, or whenever any loss of the board's or a market committee's money or stores or other property occurs through the fraud or negligence of any person or for rny other cause and such money or property is found to be irrecoverable, 40 the fact shall be reported to the board or market committee, as the case may be, and the board, with the approval of the administrator, and the market committee, with the approval of the board, may order the amount (jr value of the property to be written off as lost, irrecoverable or remitted, as the case may be: 4s provided that in the case of market committee, if in any case the amount due or the value of such property is in excess of one hundred rupees, such order shall not take effect unlea, it is approved by the administrator revision 68 notwithstanding anyt~g contained in this act, the administrator shall have the power of reversing or modifying any order of ~he board or any of its officers qassed or purporting to have been passed under this act if he is satisfied that such order is not in accordance with the provisions of this act, or any rule, regulation or bye-law made there-s under power to compound offences '19 (1) with the previous approval of the chairman of the board, a market committee or with the authorisation by a resolution of a market committee, its chairman, may accept from any person against whom a reasonable suspicion exists that he has committed an offence under this 10 act, or any rule, regulation or bye-law made thereunder, a sum of money by way of composition foor such offence (2) on the payment of such amount of money to the market committee or to its chairman, as the case may be, the suspected f?erson, if in custody, shall be discharged and no further proceedings shall be taken is against such person 71 (1) a market committee and its chairman shall have the power, by order, to impose the penalties of censure and fine on any market functionary or agriculturist or purchaser for the contravention of any bye-law, after giving the person concerned a reasonable opportunity of 20 being heard: power of the com_ mittee and chairman to impose penalties provided that the market committee shall not be comt?etent to impose fine exceeding twenty-five rupees and the chairman shall not be competent to impose fine exceeding five rupees (2) an appeal against an order under sub-section (1) shall lie to the 25 board, within such time and in such manner as may be prescribed 72 (1) on the commencement of this act, the bombay agricultural produce markets act, 1939, shall cease to be in force in the union territory of delhi: repeal and saving bombay act 22 of 1939: provided that such cesser shall not affect the previous operation of 30 the enactment aforesaid and anything done or any action taken (including any appointment, delegation or declaration made, notification, order, rule, direction cyr notice issued, bye-law framed, market committee established, licences granted, f,ees levied and collected, instruments executed, any fund established or constituted) by or under the 35 provisions of any such enactment shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act, and shall continue in force unless and until superseded by anything done or any action taken under this act 40 (2) any area or place declared to be a market area or any place or market declared to be a market un'der the enactment so ceasing to be in force shall, on the commencement of this act, be deem('d to be the market area or market declared under this act; the market committee constituted for the said market area and functioning immediately prior 45 to such commencement shall be deemed, notwithstanding anything contained in this act, to be the market committee constituted under this act for such market area, and, where it is so declared or notified, also for the agricultural produce specified in the declaration or notification; and all the members of such market committee shall be deemed to be so dlembers nominated by the administrator under sub-section (2) of ~ctiqn 9 (3) any reference to the enactment ceasing to be in fotrce as aforesaid or to any provision thereof or to any officer, authority or pt!rsf>n entrusted with any functions thereunder, in any law for the time being in force or in any instrument or document, shall be construed, wher~ necessary, s as a reference to the corresponding provisions of this act or to the corresponding officer, authority or person tunctioning under this act, and the corresponding officer, authority or qerson, as the case may be, shall have and exercise the functions under such law, instrument or document (4) the mention of particular matters in this section shall not affect 10 the general application to this act of section 6 of the general clauses act, 1897 as if the bombay agricultural produce markets act, 1939, as loot 1897 applicable to the union territory of delhi, had been repealed by this act power to remove difllculties 22 of 1939 73 if any difficulty arises in giving effect to the provisions of this act, the central government may, as occasion requires, by order not in-is consistent with the provisions of this act, do anything which appears to it to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of two years from the commencement of this act [see section 2 (1) (b) and section 66] i animal husbandry products--1 butter 2 cattle s 3 eggs 4 ghee 5 goat 6 hides and skins 7 milk 8 poultry 9 sheep 10 wool ii apiculture-honey iii cattle feeds-1 guwar 2 punvad iv cereals-1 bajra 2 barley 3 inferior millets, for example swank, kodra kangni etc 4 jowar 5 maize 6 oats 7 paddy (husked and unhusked) 8 wheat (husked and unhusked) v condiments, spices and others-1 betel leaves 2 betelnuts 3 cardamom and pep;>er 4 cashewnuts 5 chillies 6 corriander 7 dalchini 8 garlic 9 ginger 10 dachi 11 long 12 methi 5 13 rai (mustard) 14 sonf 15 turmeric 16 zeera vi fibres  10 1 cotton (ginned and unginned) 2 sanhemp vii fruits-1 almonds 2 apples 15 3 banana 4 cherry 5 chickoo 6 fig 7 grapes 20 8 guava 9 kakri 10 leechi 11 lemon 12 malta 25 13 mango 14 melon 15 mosambi 16 papaya 17 peaches 18 pears 30 19 plums 20 pomegranate 21 santra 22 s~awberry 23 water melons 35 viii grass and fodder ix gur, sugar, sugarcane, khandsati, shakhar and rashkct x narcotics-tobacco 40 xi oilseed&-1 castor seed 620 (d) l~  2 cotton seed 3 groundnut (shelled and unshelled) 4 linseed s sarson 6 sesamurn 7 taramira 8 toria xii pisciculture-fish xiii putses-l arhar 2 beans 3 gram • guara 5 mash 6 masur 7 moth 8 mung 9 peas 10 urad xiv vegetables-1 arvi 2 garrots-all types 3 cucumber-all types 4 gobhi-all types 5 kachalu 6 leafy and fresh vegetables 7 onion 8 peas-all types 9 potatoes and sweet potatoes 10 tomatoes  statement of objects and reasonsthe marketing of agricultural produce is regulated in the union territory of delhi under the bombay agricultural produce markets act 1939 the said act has been found to be inarl;equate to cope with the changing socio-economic patte'rn and present-day requirements in the matter of marketing of agricultural produce in the union tenitory oif delhi it was also felt that the penal provisions should be more severe the bill, therefore, seeks to replace the bombay agricultural produce' markets act, 1939, as extended to the union: territory of delhd, by a new enactment 2 the bill provides for the establishment of an agricultural marketing board, consisting of a chairman and twelve other members, of whorl-(a) four shall be' officials, representing, respectively, the agriculture department, the co-operative department and the animal husbandry department (jf the delhi administration, and (b) eight non·officials, representing agriculturists, organization of farmers, traders and commission agents and co-operative societies with a view to ensuring that the interests of the urban consumers me safeguarded, the bill further provides that the board shah also include two representatives of consumers, one of whom will be a member of the metropolitan council of delhi the functions' of the board will be to regulate and supervise the activities of the market committees, constituted under the bill, and to constitute a fund, with the moneys received by it from the government and the market committees, for the better marketing of agricultural produce, grading and standardization of agricultural produce, and general improvement of the markets 3, the bill further provides for the establishment of principal markets for every market area and for the constitution of market committees for regulating the marketing of different kinds of agricultural produce marketed in the said market area or any part thereof the functions of the market committees would include provision of facilities for the marketing of agricultural produce, superintendence, direction and control of markets, regulation of the entry of persons and of vehicular traffic into the market, settlement of disputes arising out of any kind of transactions cohnected with the marketing of agricultural produce and all matters ancillary thereto 4 the bill further provides that, on the sale of any prociuce, it shall be the duty of the market committee to get such produce weighed (or measured) and to grant a: receipt to the purchaser indicating the weight (or measure) and grade of the produce and the names of the seller and purchaser of the produce 5 the other provisions of the bill relate to matters of detail new delhi; the 6th may, 1976 shah nawaz khan  president's recommendation under article 117 of the constitution of india[copy of letter no 7-1/73-am, dated the 7th may, 1976 from shri shah nawaz khan, minister of state! in the ministry of agriculture and irrigation to the secretary-general, lok sabha] the president, having been informed of the subject matter of the delhi agricultural produce marketing (regulation) bill, 1976, has recommended under article 117(1) of the constitution the introduction of the bill in lok sabha and has also reconunended under article 117(3) of the constitution the consideration of the bill in lok sabha sub-claruse (41) of clause 59 provides that all fines received from an offender shall be paid by the government to the boarrl or the market committee, as the case may be the procedure for such payment will be that such fines will, in the first instance, be credited to the government revenues and thereafter an amount equal to the amount so credited will be paid to the boud or the market committee there will thus be no actual out-go from the consolidated fund 2 at present an annual e'xpenditure of a sum rs 103 lakhs and a nonrecurring expenditure of a sum of rs 010 lakhs is incurred in enfordng the provisions of the bombay agricultural produce markets act, 1939, as extenrled to the union territory of delhi an identical recurrln'g and non-recurring expenditure will be involved if the bill is enaicted 3 no other recurring or non-recurring expenditure wul be involved if the bill is enacted clause 63 of the bill empowers the central government t() make rules for the purpose of carrying· out the provisions of the bill the matten in relation to which such rules may be made have been enumerated in detail in· sub-clause (2) of that clause these matters relate, mainly, to the manner in which the members of market committees are to be elected, the manner of levy and collection of market fees by market committees, conditions subject to which loans may be obtained by a market committee from any other market committee, the terms and conditions subject to which a licence to use any place in the market area for marketing agricultural produce or operating therein as a trader, commission agent, etc, may be granted, fees payable in connection with weighment anti delivery of agrieultural produce, composition of subcommittees, method of appointment of arbitrators for settlement of disputes, qualifications of tribunal to be constituted for determining disputes about sums due to the government, board, market committees or agriculturists, and travelling and other allowances payable to members of the board or market committees, etc 2 clause 64 of the bill empowers the board to make, with the previous approval of the aclministrntor, regulations for carrying out the provh:ions of the bill the matters in regard to which regulations may be made by the board relate to the me1hod of recruitment, scales ~ pay and other conctitions of service of the employees of the bo a,rd , regulation of the transaction of business at meetings of the board, delegation of dutiels and powers of the board to its chairman, secretary or other officers, delegation of the powers of the market committee to its subcommittees, etc 3 sub-dause (1) of clause 65 of the bill empowers the market committees to make, subjl"'rt to the provi!,>jon~ of the bill and any rule or regulation made thereunder and with the previous sanction of the board or any r,ther officer specially f'mpowered by the adminisb:ator in this behalf, bye-laws, in respect of the market area for which it is constituted, for determining the quantity of agricultural produce which mllly be provided for retail sale, for the regulation of the transaction of business of the market committee and the conditions of trading in the market area including the rates and manner of collection or refund of ma·rket fees or other fees levied under the bill sub-clause (2) of clause 65 of the bill empowers the board to make bye-laws for a market committee where the market committee fails to make bye-laws within six months from the commencement of the proposed enactment or the constitution of such market committee, which  ever is later sub-clause (3) (a) of clause 65 of the bill empowers ihe board to require the market committee to amend, alter or rescind any byelaw made by it or to adopt a new bye-law for the market committee within the time specified in the order and further empowers the board, in the event of the failure of the market committee to make the amend  ment within the specified time, to register such amendment and to issue a certified copy thereof to the market committee the aggrieved market committee has been given a right to appeal to the administrator against the action taken by the board 4 clause 66 of the bill empowers the administrator, after consulting the board and the market committees concerned, to include, by notiification, in the schedule any item of agricultural produce or to amend or exclude any of the items of agricultural produce specified in the schedule 5 the matters in relation to which such rules or regulations or byelaws may be made are matters of netail and it is hardly possible to provide for them in the bill itself the delegation of the legislative power is, therefore, of a normal character 6 clause 62 of the bill empowers the central government to exempt, by general or special order, the board or any market committee or any class of persons from any provision of the bill or any rule, regulation or bye-law made thereunder and further empowers the central government to modify, without affecting the substance thereof, any provision of the bill in its application to the board or any market committee or any class of persons the clause further provides that every order making such exemption or modification shap be laid before each house of parliament sub-clause (3) of that clause empowers the administrator to modify, without affecting the substance thereof, any rule, regulation or bye-law made unner the bill the powers of exemption or modification so delegated to the central government or, as the case may be, to the administrator are such that they can hardly be provided in the bill itself the delegation of the power is, therefore, of a normal character a bill to prol"ide for the better regulation of the purchase, sale, storage and processing of agricultural produce and the establishment of markets 'for agricultural produce in the union territory of 'delhi and for matters connected therewith or incidental thereto   (shri shoh nawaz khan, mi7iibter of state in the ministry of agriculture and irrigation) 