Bare ActsThe Nagaland Agriculture Produce Marketing (Regulation) Act,1988

Section 100

(1) The State Government may after previous publication make rules for carrying out the purposes of this Act

Amendment status not verified — confirm the current text below against the official source.

(1) The State Government may after previous publication make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for :- (i) other manners of publication of notification under Section 3 (1); (ii) fixation of quantity of sale under clause (29) of Section 2, (iii) (a) Qualifications which the representatives of agriculturists shall posses under section 14 (1) (i); (b) qualifications which the representatives of traders shall posses under section 14 (1) (ii). (c) authority which shall conduct election, determination of constituencies, preparation and maintenance of list of voters, disqualifications for being chosen as, or for being, a member, the right to vote; the payment of deposit and its forfeiture, the election offences and all matter ancillary thereto under Section 14 (13); (iv) The powers to be exercised and the duties to be performed by market committee and its Chairman and Vice-Chairman; (v) (a) the procedure and quorum at a meeting of market committee; and (b) the form in which accounts of purchases and processing of agricultural produce are to be maintained; (vi) the management of markets, the procedure for recovery of market fees, fine for evasion of market fees and manner for assessment of market fees in default of furnishing returns; (vii) classification of market functionaries to grant of licences, regulations of licences under this Act, the persons required to take out licence, the forms in which and terms and conditions subject to which such licence shall he issued or renew; (viii) the provisions for the persons by whom and the forms in which copies of documents and entries in the books of the market committee may be certified and the charge to he levied for the supply of such copies; (ix) the kind and description of weights and measures and the weighing and measuring instruments which shall be used in the transactions in the notified agricultural produce in a market yard; (x) the periodical inspection of all weights and measures and the weighing and measuring instruments in use in a market yard (xi) the Trade allowance which may be made or received by any person in any transaction the notified agricultural produce in a market yard; (xii) facilities for settlement of any dispute between a buyer and seller of notified agricultural produce or their agents including disputes regarding the quality or weight of the articles, payment in respect of the price of goods sold and the allowances for wrapping, containers, dirt or impurities or deductions for any cause by mediation, arbitration otherwise; (xiii) the provisions of accommodation for storing any agricultural produce brought into the market; (xiv) the preparation of plans and estimates for work proposed to be constructed partly or wholly at the expense of the market committee and the grant of sanction to such plans and estimates; (xv) the form in which the accounts of a market committee shall be kept, the audit and publication of such audit and the inspection of audit memoranda of the account and supply of such memoranda; (xvi) the preparation and submission for sanction of the annual budget and the report and returns to be furnished by a market committee; (xvii) the time during which and the manner in which a trader or broker or commission agent shall furnish such returns to a market committee as may be required by it; (xviii) the regulation of advances, if any given to agriculturists by brokers or commission agents or traders; (xix) the grading and standardisation of the agricultural produce; (xx) the keeping of records of arrivals and prices if agricultural produce; (xxi) the manner in which auctions of agricultural produce shall be conducted and bids made and accepted in a market; (xxii) the recovery and disposal of fees leviable by or under this Act; (xxiii) compounding of offences and fixing compensation thereunder under this Act or rules or by laws made thereunder; (xxiv) manner of constitution of State Agricultural Marketing Services; (xxv) recruitment, qualification appointment, promotion, scale of pay, leave allowance, acting allowance, loans, pension, gratuity, annuity, compassionate fund dismissal, removal, conduct departmental punishment, appeals and other service conditions of the members of the State Agricultural Marketing Service; (xxvi) limit of expenditure which may he incurred in reception of distinguished guests; (xxvii) limits of honorarium to Chairman, travelling, allowances to members and sitting fees payable to members for attending the meetings; (xxviii) manner of investment of the surplus in the market committee fund; (xxix) procedure for framing of bye-laws, theft amendments or conciliation and for their previous and final publication; (xxx) classification of market committees on the basis of an annual income for all or any of the purposes of this Act; (xxxi) term of the office of the Chairman, Vice-Chairman and members of the Board; (xxxii) the powers to be exercised by the Chairman and Vice- Chairman, and the Chief Executive of the Board; (xxxiii) all matters required to be prescribed by rules under this Act; (xxxiv) mode of service of notice under the Act; (xxxv) the guidance of market committee; (3) In making any rule, the State Government may direct that breach thereof shall be punishable with fine which may extend to two hundred rupees. (4) Every rule made under this section shall be laid as soon as may be after it is made before the Nagaland Legislative Assembly while it is in session for a total period of seven days which may he comprised in one session or in two successive session, and if, before the expiry of the session in which it is so laid or the session immediately following, the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland Legislative agree that rule should not be made, the rule shall thereafter have effect on the modified from or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under this rule. Power to make bye-laws. 10, (1) Subject to the provisions of this Act and the rules made thereunder, a market committee may in respect of a market area under its management make bye-laws for:- (i) the regulation of business of the market committee; (ii) the conditions of trading in a market; (iii) delegation of powers, duties and function to the officers and servants, appointment pay punishment, pensions, gratuities, leave, leave allowances, contributions by them to any provi- dent fund which may be established for the benefit of such officers and servants and other conditions of services; (iv) the delegation of powers duties and functions of the sub-committee if any; (v) market functionaries who shall be required to take licence; (vi) any other matters for which bye-laws are to be made under this Act or it may be necessary to frame bye-laws for effectively, implementing provisions of this Act and the rules made in the market area. (2) No bye-laws under sub-section (1) shall take effect until it has been confirmed by the Director. (3) In making any bye-laws the market committee may direct that a breach thereof shall be punishable with fine which may extend to one hundred rupees and where the breach is a continuing one with further fine which may extend to ten rupees for everyday after first during which the breach is proved to have been persisted in. SCHEDULE ITEM ENGLISH HINDI

Section 100 – The Nagaland Agriculture Produce Marketing (Regulation) Act,1988 | DailyLaw.ai