Bare ActsThe SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005

Section 109

(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 sub-section (1) of Section 3; (ii) fixation of quantity of sale under sub- section (39) of Section 2; (iii)(a) qualifications which the representatives of agriculturists shall possess under Section 14(1) (i); (b) qualifications which the representatives of traders shall possess under Section 14(1)(ii); (c) authority which shall conduct elections 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, the determination of election disputes and all matters ancillary thereto under Section 14 (3); (iv) the powers to be exercised and the duties to be performed by the Market Committee and its Chairman and Vice-Chairman; (v) (a) the procedure and quorum at meeting of Market Committee and (b)The form in which account of purchases and processing of agricultural produce to be maintained; (vi) the management of market, the procedure for recovery of market fees, fine for evasion of market fees and manner for assessment of market fees in default of furnishing return; (vii) classification of market functionaries for qrant of licenses, regulation of licenses under this Act, the persons required to take out license, the forms in which and terms and conditions subject to which such licenses shall be issued or renewed; (viii)the provisions for the persons by which and the forms in which copies of documents and entries in the books of the Market Committee may be certified and the charge to be 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 in the notified agricultural produce in a market yard; (xii) facilities for the 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 or otherwise; (xiii)the provision of accommodation for storing any agricultural produce brought into the market; (xiv) 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 of sanction to such plans and estimates; (xiv) 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; -49- Power to make Bye- laws. (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) (xxviii) (xxix) (xxx) the time during which and the manner in which a trader or commission agent shall furnish such returns to a Market Committee as may be required by it; the regulation of advance, if any given to agriculturists by commission agents or traders; the gradi:1g and standardization of the agricultural produce and e-trading; the keeping of records of arrivals and prices of agricultural produce; the manner in which auctions of agricultural produce shall be conducted and bids made and accepted in a market; the recovery and disposal of fees livable by or under this Act; compounding of offences and fixing compensation thereof under this Act or rules or bye-laws made there under; manner of constitution of State Agricultural Marketing services; recruitment, qualification, appointment, promotion scale of pay, leave, 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; limit of expenditure which may be incurred in reception of distinguished guests: limits of honorarium to Chairman, traveling allowances to members and sitting fees payable to members for attending the meetings; manner of investment of surplus in the Market Committee fund: procedure for framing of bye-laws, their amendments or cancellation and for their previous and final publication; classification of Market Committees on the basis of annual income fOI'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 this Act; (xxxv) generally for 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 Act shalilaid on the table of the Legislative Assembly.

Section 109 – The SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005 | DailyLaw.ai