Amendment status not verified — confirm the current text below against the official source.
(1) Subject to any rules made by the Government under section 39 and with the previous sanction of the Director, a market committee may, in respect of the notified area for which it was established, make bye-laws for the regulation of the business and the conditions of trading therein: 21 Provided that where a market committee fails to make bye-laws under this sub-section within one month from the date of its establishment, the Director may make such bye-laws as he thinks fit and the bye-laws so made shall be deemed to be bye-laws made by the market committee and may be amended or varied, by the Director or, with his previous sanction, by the market committee. (2) Any bye-law made under this section may provide that any contravention thereof shall be punishable with fine which may extend to fifty rupees. ______ NOTES ON CLAUSES Clause 2 seeks to insert definitions of certain new expressions in the Act. The proposed definitions are self-explanatory. Clause 3 enables the Government to publish a draft notification regulating the purchase and sale of such agricultural produce in such area as may be specified in the notification and also to publish the final notification, after considering the objections and suggestions, declaring the area specified in the draft notification or any portion thereof to be a notified area for the purposes of the Act. Clause 4 seeks to empower the Government to establish by notification, a Market Committee for every notified area for enforcing the provisions of the Act. Clause 5 seeks to empower every Market Committee to establish in the notified area such number of markets as may be directed by the Government by a general or special order. Clause 6 seeks to provide for trading in agricultural produce in a notified area after obtaining a licence granted by the Market committee. The licence granted shall be valid for a financial year and shall be renewed from year to year. This clause also empowers the Market Committee to cancel or suspend any licence so granted, after such inquiry as it deems fit, and in the case of a refusal to grant a licence or of suspension or cancellation of a licence, the applicant or the licensee shall be entitled to appeal to such officer as may be prescribed under the Act. Clause 7 seeks to lay down that all agricultural produce brought to the notified market areas by a producer shall be sold only in the market. Clause 8: The Market Committee established shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and may, by its corporate name, sue and be sued. Clause 9 seeks to provide for the constitution of a Market Committee by election. Clause 10: The Project Agricultural Officer having jurisdiction over the notified area shall be the ex-officio member of the Market Committee established for such area. Clause 11 deals with the term of office, casual vacancy etc. of the elected members of the Market Committee. Clause 12 seeks to empower the Director, where there is delay in the reconstitution of a new Market Committee due to the administrative difficulties, to extend the terms of officer of the members of the Market Committee for a further period 22 or periods not exceeding two years in the aggregate or until the Market Committee is reconstituted, whichever is earlier. Clause 13 seeks to empower the Market Committee to appoint one or more of its members to be sub-committee or to be a special committee for the conduct of any work or to report on any matter and to delegate its powers to such sub-committee or special committee, as it may think fit. Clause14 seeks to empower the Market Committee to call a general meeting of a Market Committee and also to call a meeting on requisition from the Director of such number of members or proportion of the total number of members as may be specified in the bye-laws of the Market Committee. If no meeting is called for in accordance with such requisition, the Director himself shall have power to call a general meeting of the Market Committee. Clause15 deals with the appointment and salaries of officers and servants of the Market Committee. The Chairman, Vice-Chairman and every officer or servant of a Market Committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Clause16 Where in the opinion of the Government, the Market Committee is not competent to perform or persistently makes default in performing the duties imposed on it by the Act or abuses its powers, the Government may, after giving a reasonable opportunity of showing cause against the proposal and after considering the explanations and objections, supersede the Market Committee for a period not exceeding one year in the first instance. This clause further empowers the Government to extend the period by one more year at a time and imposes a condition that the total period of supersession should not exceed four years. Clause 17 deals with the execution of contracts by the Market Committee. Clause 18 seeks to empower the Market Committee to levy a market fee on any notified agricultural produce bought or sold in the notified market area at a rate not exceeding one rupee for every hundred rupees. Clause 19 empowers the Market Committee, subject to such rules as may be prescribed, to levy a subscription for collecting and disseminating among the subscribers information as to any matter relating to statistics or marketing in respect of the notified agricultural produce. Clause 20 deals with the Market Committee fund. Clause 21 deals with the purposes for which the fund may be expended. Clause 22 provides that no trade allowance is permissible except as may be prescribed by rules or bye-laws. Clause 23 seeks to empower the Market Committee, with the previous sanction of the Government to raise money required for carrying out the purposes for which it is established on the security of any properly vested in, or belonging to, the Market Committee. Clause 24 seeks to empower the Market Committee to write off any irrecoverable fee, etc. 23 Clause 25 deals with the recovery of sums due to Government from a market Committee as arrears of land revenue. Clause 26 deals with the liability of the Chairman, Vice-Chairman and members of the Market Committee for any loss, waste or misapplication of property. Clause 27 provides penalties for certain offences committed by any person under the Act. Clause 28 deals with the trail of offences. Clause 29 deals with the liability of accused to pay fee, or other amount to the Market Committee. Clause 30 provides for the composition of offences. Clause 31 deals with the power of Magistrate to recover summarily fee, or other amount from a person who is convicted of an offence under the Act or the rules or bye-laws. Clause 32 empowers the Director to decide certain questions under the Act. Clause 33 deals with the power of revision by Government and to call for records by the Government from any Market Committee or the Director in respect of any proceeding to satisfy itself as to the regularity or the correctness legality or propriety of any decision or order passed by any Market Committee or the Director. Clause 34 deals with the registration of document executed on behalf of a Market Committee. Clause 35 is a saving clause. Clause 36 provides that nothing in any law providing for establishment, maintenance or regulation of a market or the levy of fees shall apply to any market established under the Act or affect in any way the powers of a Market Committee in respect of such market. Clause37 seeks to empower the Government, by notification for reasons to be specified therein either permanently or for any specified period, to exempt any Market Committee, or any person or class of persons from all or any of the provisions of the Act, subject to such conditions as the Government may deem fit to impose. Clause 38 empowers the Government to make orders to remove any difficulties in the application of the Act. Clause 39 provides for the rule making power of the Government for purposes of the Act. Clause 40 seeks to empower the Market Committee, subject to any rules made by the Government and with the previsions sanction of the Director, to make bye-laws for the regulation of its business. STATEMENT OF OBJECTS AND REASONS FOR ACT NO.3 OF 1974 At present, there is no enactment in this Union territory for the better regulation of buying and selling of agricultural produce and establishment and proper administration of markets for agricultural produce. Therefore, it has been decided to enact a law with suitable modification on the lines of similar Acts in force in the neighbouring States. The present Bill seeks to achieve the above objects. ______