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

Section 26

(1) It shall be the duty of the Market Committee- (i) to implement the provisions of this Act

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

(1) It shall be the duty of the Market Committee- (i) to implement the provisions of this Act. the rules and tile bye-laws made there under in the market area; (ii) to provide such facilities for marketing of agricultural produce therein as the .Director/Managing Director Board or the State Government may from time to time direct; (iii) to do such other acts as may be required in relation to the superintendence, .direction and control of market or for regulating marketing of agricultural produce in any place in the market area, and for the purposes connected with the matters aforesaid, and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act; (iv) and to do a/l such other acts to bring about complete transparency in pricing system and transactions taking place in market area. (2) without prejudice to the generality of the forqoinq provisions:- (a) market Committee may- (i) maintain and manage the market yards and sub-market yards within the market area; (ii) provide the necessary facilities for the marketing of agricultural produce within the market yards and outside the market yards and within the sub-market yards and outside the sub-market yards in the market area; (iii) register or refuse registration to market functionaries and renew, suspend or cancel such registration, supervise the conduct of the market functionaries and enforce conditions of registration; (iv) regulate or supervise the auction of notified agricultural produce in accordance with the provision and procedure laid down under the rules made under this Act or bye-laws of the Market Comrnittee ; (v) conduct 0, supervise the auction of notified agricultural produce in accordance with the procedure laid down under the rules made under this Act or Bye-Laws of the Market Committee; (vi) regulate the making, carrying out and enforcement or cancellation of agreements of sales, Weighmen, delivery, payment and a/l other matters relating to the market of notified agricultural produce in the manner prescribed; (vii) provide for the settlement of all disputes between the seller and the buyer arising out on any kind of transaction connected with the marketing of notified agricultural produce and all matters ancillary thereto; (viii)takectil possible steps to prevent adulteration of notified agricultural produce; ~2a~ (ix) make arrangements for employing by rotation, Weigh men and harnrnals for weighing and transporting of goods in respect of transactions held in the market yard/ sub yards; (x) set up and promote public private partnership in management of the Agricultural Markets; (xi) to promote public private partnership for carrying out extension activities in its area viz., collection, maintenance and dissemination of information in respect of production, sale storage. processing, prices and movement of notified agricultural produce; (xii) take measures for the prevention of purchases and sales below the minimum support prices as fixed by the Government trorn time to time; (xiii) levy, take, recover and receive rates, charges. fees and other sums of money to which the Market Committee is entitled; (xiv) employ the necessary number of officers and servants for the efficient implementation of the provisions of this Act, the Rules and the Bye-Laws as prescribed; (xv) regulate the entry of persons and vehicles, traffic into the market yard and sub-market yard vesting in the Market Committee: (xvi) prosecute persons for violating the provisions of this Act, the Rules and the Bye-Laws and compound such offences; (xvii) acquire land and dispose of any movable or immovable property for the purpose of efficiently carryinq out its duties; (xviii) impose penalties on persons who contravene the provisions of this Act, the rules or the bye-Laws or the orders or directions issued under this Act. The rules or the bye-laws by the Market Committee, its Chairman or by any officer dul~1authorized in this behalf; (xix) institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action proceeding, application or arbitration; (xx) pay, pension, allowances, gratuities, contribution towards leave allowance, pensions or provident fund of the officers and servants employed by the Market Committee in the manner prescribed; (xxi) administer Market Committee fund referred to in Section 58 and maintain the account thereof in the prescribed manner; (xxii) keep a set of standard weights and measure in each principal market yard and sub-market yard against which Weigh men and measurement may be checked; (xxiii) inspect and verify scales, weights and measures in use in a market area and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed; (xxiv) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle birds etc., which are bought or sold in the market yards/market area; (xxv) carry out publicity about the benefits of regulation, the system of transaction, facilities provided in the market yard etc. through such means as poster, pamphlets, hoardinqs, cinema slides, film shows, group meetings, electronic media etc., or through any other means considered more effective or necessary; (xxvi) ensure payment ill respect of transactions which take place in the market yard to be made on the same day to the seller, and in default to seize the agricultural produce in question along with other prooerty of tho person concerned and to arrange for re-sale thereof and in the event of loss, to recover the same from the original buyer together with charges for recovery of the losses, if any, from t!lA original buyer and effect payment of the price of the agricultural produce to the seller; -21- Mode of making contract. measures to be tested and verified once in the course of each calendar year through the agency appointed and in accordance with the requirements of the said Act and Rules. (3) The Market Committee shall allow any person to check free of charge any weight or measure in his possession against the weights and measures maintained under this section. (4) Weighing instruments, weights and measures kept by the committee under this section may at any time be inspected, examined and checked by the Director or tile Managing Director or any other officer duly authorized in this behalf by the Director/Managing Director. After inspection, the inspecting authority may give such directions as it may deem proper, the committee shall be bound to comply with such directions. (5) The Director/Managing Director or the Market Committee, and any other person authorized in this behalt by the Director/ Mallaging Director or Market Committee SIHII be entitled at any time and without previous notlce to inspect, examine and test any weighing instruments, weights or measures used, kept or possessed within a notified market area by a licensee under the Act, and every such licensee in possession of any such weiglling instrument, weights or measures sha!1when required be bound to produce the same before the person entitled so to inspect, examine and test it. (6) Any person authorized to inspect, examine and test any weighing instrument, weights or measures under SUb-section (5) shall, while so acting, have all the powers of an Inspector, Weights and Measures appointed under the State Weights and Measures Act. Subject to the provision of this Act. No contract or"agreement on behalf of the Market Committee for the purchase, sale, lease, mortgage or other transfer of, or acquisition of interest in immovable property shall be executed except with the sanction of the Market Committee: Provided those in such cases where the powers under this sub section in respect of any matter are delegated to. A sub-committee, sanction of sub-committee shall be obtained. (2) Save as provided in SUb-section (1) (a) Chief Executive Officer of the Market Committee may execute contract or agreement on behalf of the Market Committee wilere the amount or value of such contract or agreement does not exceed rupees five thousand regarding matters in respect of which he is generally or specifically authorized to do so by a resolution of the Market Committee. (b) tile Chairman and Chief Executive Officer of the Market Committee may jointly execute a contract or an agreement on behalf of the Market Committee when the amount or value of such a contract or an agreement does not exceed rupees twenty thousand depending on the class of the Market Committee as may be prescribed; (c) in any case other than those referred to in clause of Section 34 a contract or agreement on behalf of the Market Committee shall be executed by the Chairman, Chief Executive Officer and one other member of the Market Committee who shall have been generally or specially authorized by a resolution of the committee to do so.

Section 26 – The SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005 | DailyLaw.ai