Amendment status not verified — confirm the current text below against the official source.
(1) (2) 114 the functions, powers and duties of the Committee and its Chairman, under this Act, shall be performed, exercised and discharged by such person or authority as the Board may appoint in this behalf and such person or authority shall be deemed be the Committee or the Chairman, as the case may be. lf any dispute arises out of any agreement or contract entered into, under the provisions of this Act, rules or bye-laws made thereunder, between the sponsor and contract farming producer or between the Board and the trader or between the committee and the trader. the same shall be resolved through conciliation and arbitration. The Arbitration and conciliation Act, 1996 (26 of 1996) shall apply to the concillation and arbitration proceedings referred under sub- section (1 ). For the purpose the Arbitrator shall be appointed by the Board and the proceeding shall be within the Jurisdiction of llanagar and its decision shall be linal and binding to the parties. The State Government may after previous publication, make rules,consistent with this Act, for carrying out all or any of the purpose of this Act. ln particular and without prejudice to the generality of the foregoing power, such rules may provide Act :- (a) The quantity of Horticultural produces for retail sale under section-2. (b) The sitting fee and allowances to be paid from the fund of the Board to the Chairman and non-official members of the Board under section 10. (c) The procedure and form for maintaining the accounts olthe Board and auditthereol under sub-section (2) (v) of seclion '11. (d) The duties and lunctions to be discharged by the Horticultural Produce Marketing Standards Bureau for the promotion of grading, standardization and q uality certification of Horticultural produce under sub-section (2) (Xll) of section 11. Power to make Rules. 115 (e) The procedure to be tollowed in exercise of supervision and controlover otficers and staff of the Board by the Secretary in lhe matter of administration, accounts and records and disposal of all questions relating to the service of the employees. (f) The powers and duties to be exercised and discharged by the Secretary of the Board under section 12 (lll). (g) The procedure to be followed in maintaining records of the proceedings of the meetings of the Board under section 12 (lX). (h) The development of infrastructure to establish consumers or tarmers markets and the procedureforthe saleof Horticultural produce by the producer direct to the consumer in the market area under section 23 (1). (i) The form of agreement lor contract larming and the manner in which a person shallenter into agreementwith contract farming producer under section 24. (j) The application for grant and renewal of license for establishment of private yard, consumer and farmer market, the period for which the license is to be issued, the form of licence and the conditions and the fee to be charged for grant ol such licence under section 25 (1). (k) The disqualifications for suspension/ cancellation of licence under section 26 (e). (l) The maximum quantity which can be sold by the producerdirect to any person for domestic consumption and the maximum quantity of the Horticultural produce purchase or sale of which can be undertaken by petty trader under sub-section (2) of section 27. (m) The transparent system to be followed for settlementof price of the notilied Horticultural produce for sale into the market yard under sub-section (2) of section 28. (n) The manner and procedure to be followed by the Committee forthe conduct ol ih business under sub-section (3) ot section 34. 116 (0) The procedure to be followed by the Committee to regulate the making. carrying out and enforcement or cancellation of agreements of sales weightmen, delivery, payment and other matters relating to the market of notified Horticultural produce under clause (lV) of sub-section (2) of section 36. (p) The form and the manner and procedure to be followed for the maintaining of books of accounts and otherdocuments by the market functionaries under clause (XVl) of sub- section (2) section. (q) The procedure and the manner to be followed for maintain and circulating the date of anivals and rates of Horticultural produce standard wise brought into the market area for sale under clause (lV) of sub-section (3) of section 36. (r) The form of application for registration or renewal of registration, the form of reglstratio n/certificate or renewal of registration certificate, the period within which application for regiskation or renewal of registration is to be made and the fee for such registration or renewal of registration under section 40 (1) (3). (s) The manner and the procedure to be followed by the Committee for levy and collection of market fee under section 41. (t) The terms and conditions subjects to which financial weak committees may be aided by granting loans and grants out olthe marketing development fund under clause (V) of sub- section (4) of section 43. (u) The form, time and procedure to be followed in preparation of annual report by the board under sub-section (1) of section 48. (v) The manner in which the surplus remaining with the committee shall be invested under sub-section (1) of section 46 (w) The manner in which any money received by the committee by way of arbitration fee, security for cost in arbitration proceeding, security deposit, contribution to provident fund, payment in respect of any notified Horticultural produce, other charges payable 117 by the Committee or such other money received by the committee under the rules or bye-laws , shall be kept under sub-section (2) of section 46 (x) The form, procedure and manner and the period within which the Committee shall prepare and pass the budget and its income and expenditure for the ensuing year under sub-section ('1) of section 47. (y) The manner and procedure for payment of honorarium and traveling allowance to the Chairman and other non-official members of the Committee and to the employees of the Committee under clause (X) ol section 48. (z) The conditions subject to which the committee for the purpose for meeting the initial expenditure on lands, buildings and equipments required of the establishment of market, may obtain loan lrom the State Government or the board or other Committees or financial institutions under sub-section (2) of section 49. (za)The form and the manner in which a statement ol lransaction shall be submitted to the Secretary ol the Committee for the previous financial year ending on 31st March under sub-section (1) ol section 57. (zb) The form and the manner in which an appeal may be filed under sub-section (1) of section 65; and (zc) Any other matter which is to be or may be prescribed. (3) All rules made under this Act, shall be laid, on soon as may be, after they are made, before the Legislative Assembly, while it is in session, for a total period ol fifteen days which may be comprised in one sesslon or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, Assembly agrees in making any modifications in the rules orAssembly decides thatthe rule should not be made, such rules shall have elfect only in such modilied form or be ol no effect, as the case may be. However, that any such modification or annulment shallbe without prejudice to the validity of anything done earlier under that rule. Power to make Begulations. Repeal and savings. 118