Amendment status not verified — confirm the current text below against the official source.
(1) The State Government may either gene make rules, rally or specially for the Board or any market area or market areas make rules, after previous publication, for the purpose of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for or regulate— (i) the qualifications of voters, the preparation and revision of the lists of voters, the division of market area into constituencies, the election, appointment and nomination of members of n the market committee, the manner of holding election, the drawing up of the election programme, the fixing of polling stations and the appointment of Returning, Presiding and Polling Officers, the declaration of the results of election and matters regarding appeals in respect of disputes in connection with elections; (iiy the election of the Chairman and the Vice- Chairman of the market committee ; e ** (iii) the filling up of casual vacancies in the office of Chairman, Vice-Chairman or member of a market committee ; (iv) the powers to be exercised and the duties to be performed by a market committee and its Chairman, Vice-Chairman and A w Secretary; (v) the management of the market, minimum and maximum cess which may be levied and collected by the market committee, the method, manner and mode of collection of such cess in respect of agricultural produce regulated under the Act and sold and resold in the market area ; (vi) the issue of licences to traders, persons, and firms engaged in processing of agricultural produce, commission agent, brokers, weighmen, measurers, surveyers, warehouse man, and the cancellation and suspension of such licence and the category of such other persons -operating in a market area as may be determined by the Director and the form in which and the condition subject to which such licences shall be issued, cancelled, or renewed therefor ; (vii) the method and manner of holding mee tings, the procedure to be followed at such meetings and the powers to be exercised at such meetings ; (viii) the form in which returns shall be •V submitted by the Board or a market committee to the Director and such other officers as may be authorised by the Director ; (ix) the persons by whom and the form in which copies of documents, entries in the books of a market committee, may be certified and the charges to be levied for the supply of such copies ; (x) the kind and description of the weights and measures and the weighing and measuring instruments which alone shall be used in the transactions in agricultural produce in market areas ; 28 (xi) the periodical inspection of all weights and measures and weighing and measuring instruments i n use in market areas ; (xii) the procedure to be followed in presenting and disposing of an appeal to the State Govern ment or the officer appointed by it in that behalf under sub-section (2) of section 22 ; (xiii) the manner in which the inquiry and inspection of the Board or a market committee shall be held ; o (xiv) the matters in respect of which the Board or a market committee shall or may make bye-laws and the procedure to be followed in making or abrogating bye-laws and the conditions to be fulfilled prior to making such abrogations and alterations ; (xv) the declaration of market proper and <5 market yards; (xvi) the service rules, recruitment rules, provi- dent fund rules, pension rules and such other rules as may be required for the employment of the staff of the Board and the Market committee ; (xvii) the trade allowance which may be made or received by any person in any transaction in any agricultural produce in a market area ; (xviii) the prohibition of brokers from acting in any transaction on behalf of both the buyer and seller of agricultural produce or as a buyer or seller ; (xix) the provision of accommodation for storing any agricultural produce brought into the market ; (xx) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the market committee, and the grant or sanction to such plans and estimates ; (xxi) the form in which the accounts of the Board or a market committee, and the grant or sanction to plans and estimates shall be kept, the audit, inspection and publication of such accounts if any to be made for such audit and the inspec tion of audit memoranda of the accounts and supply of copies of such memoranda ; (xxii) the preparation and submission for sanction of the annual budget and the report and returns to be furnished by the Board or a market committee ; I 29 (xxiii) the investment and disposal of the surplus funds of a market committee ; / (xxiv) the regulation ol advances, if any, given to agriculturists by brokers, commission agents, or traders ; (xxv) the prevention of adulteration of agri cultural produce » (xxvi) the grading and standardisation of agri cultural produce ■ (xxvii) the keeping of a list of pi ices of agri cultural produce in respect of which the market is established ; (xxviii) the manner in which auctions of agri cultural produce shall be conducted and bids made and accepted in any market ; (xxix) the recovery and disposal of cost leviable by or under this Act ; (xxx) other matters relating to the functioning of the Board or the Market Committee. (3) Any rule made under this Act may provide that lor any contravention thereof or any of the conditions of licence issued or renewed, the offender shall, on conviction, be punishable with fine which may extend to rupees two hundred. (4) Every rule made under this section shall be laid as soon as may be aftei' it is made, before the Assam Legislative Assembly while it is in session lor a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agree in making - any modification in the rule or the Assam Legislative Assembly 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 amendment shall be without prejudice to the vali dity of anything done under that rule. Bye-laws 50.(1) Subject to any rules made by the State Government under section 49, the market committee may, in respect of the agricultural produce and the market area under its management make bye laws and from time to time alter or rescind the same, but not so as to render them inconsistent with 30 this Act and rules made for the regulation of busi ness and the conditions of trading therein with the previous sanction of the Director or any other officer specially empowered in this behalf by the State Government. (2) Any bye-law made under this section may provide that any contravention thereof shall, on conviction, be punishable with fine which may ex tend to rupees one hundred. (3) When the Director or any other officer empo wered in this behalf by the State Government sanctions any amendment of the bye-laws of a market committee, he shall issue to the market committee a copy of the amendment certified by him which shall be conclusive evidence that it is duly sanctioned. owerofthe 51.(1) Notwithstanding anything contained in impTse" Othis Act or the rules or bye-laws framed there- byt-laws. under, if the Director considers that an amend ment, alteration, rescission or adoption of a new bye-law is necessary or desirable in the interest of market committee, he may by an order in writing to be served on a market committee by registered post, require it to make such amendment, alteration, rescission or adoption of a bye-law within such time as may be specified in such order. (2) If the market committee fails to make any such amendment, alteration, rescission or adoption of the bye-law within the time specified by the Director in his order under sub-section (1), the Director may, after giving the market committee an opportunity of showing cause why such amend ment, alteration, rescission, or adoption should not be made, register such amendment, alteration, rescis sion or adoption of bye-law and issue a certified copy thereof to such market committee. (3) The market committee may, within one month from the date of the issue of an order made under sub-section (2) appeal from such order to the State Government. (4) Where no appeal is presented within one month from the date of the issue of an order under sub-ssetion (2) registering an amendment such amend ment shall not come into force till the order is confirmed by the State Government. (5) A certified copy of the amendment of the bye-law registered by the Director under sub-section (2) shall, subject to the result of an appeal, if any, under sub-section(3) be conclusive evidence that it has been duly registered and such amendment, alteration, rescission or adoption of bye-law shall be deemed to have made by the market committee. 31 Power of