THE ANDHRA PRADESH
(AGRICULTURAL PRODUCE AND LIVESTOCK) MARKETS ACT, 1966. ACT No. 16 OF 1966. An Act to consolidate and amend the law
relating to the regulation of purchase and sale of agricultural produce,
livestock and products of livestock and the establishment of markets in
connection therewith. BE
it enacted by the Legislature of the State of Andhra Pradesh in the
Seventeenth Year of the Republic of India as follows :- 1) This Act may be called the Andhra Pradesh (Agricultural Produce and Livestock )
Markets Act, 1966. (2) It extends to the whole of the State of (3) It shall come into force on such date as the
Government may, by notification, appoint. 2. In
this Act, unless the context otherwise requires: (i) “
Agricultural produce” means anything produced from land in the course of
agriculture or horticulture and includes forest produce or any produce of
like nature either processed or un-processed and declared by the Government
by the notification to be agricultural produce for the purposes of this Act: [(ia) “ Assessing authority” shall mean the
Secretary of the Market Committee as specified in its bye-lawa]; (ii) “
Director of Marketing” means the Director of Marketing appointed by the
Government. [ and includes the Commissioner of Development of Marketing] (iii) “
Government ” means the State Government; (iv)
“growers” means a person, who produces by himself or by hired labour
or otherwise, or receives under tendency agreement, the agricultural produce,
but does not include a dealer or commission agent in such produce, although
he may be a grower of such produce. If any question arises as to whether a person is a grower or not, the decision
of the Director of Marketing thereon shall be final. (v) ‘Livestock’
means cows, buffaloes, bullocks, bulls, goats and sheep and includes poultry,
fish and such other animals as may be declared by the Government by
notification to be livestock of the
purposes of this Act’ (vi) ‘market’
means a market established under sub-section
(3) of section 4 and includes market yard and any building therein; (vii) ‘market
committee’ means a committee constituted or reconstituted under the
provisions of this act’ (viii) ‘municipality’
means any municipality governed by the law relating to municipalities for the
time being in force in the State and includes the Municipal Corporation
of (ix) ‘notification’
means a notification published in the Andhra Pradesh Gazette, and the word
‘notified’ shall be construed accordingly’ (x) ‘notified
agricultural produce, livestock or products of livestock’ means agricultural
produce, livestock or products’ of livestock specified in the
notification under section 3’ (xi) ‘notified
area’ means by area notified under section3 (xii) ‘notified
market area’ means any area declared to be a market area by notification
under section 4’ (xiii) ‘person’
means an individual or company or an association of individuals, whether
incorporated or not, and includes a Joint Hindu family’ (xiv) ‘prescribed’
means prescribed by rules and made under this Act; (xv) ‘products
of livestock’ means such products of livestock as may be declared by the
Government by notification, to be products of livestock for the purposes of
this Act. (xvi) ‘trader’
means the person licensed under sub-section (1) of Section 7 and includes the
person in whose management the collection of fees is placed whether he is
called a commission agent, ginner, presser, warehouseman, importer, exporter,
stockist or by whatever local name he is called) 3.
(1) The Government may publish in such manner as may be prescribed a draft
notification declaring their intention of regulating the purchase and sale of
such agricultural produce, livestock or products of livestock in such area as
may be specified in such notification. (2) Such notification shall state that any
objections or suggestions which may be received by the Government from any
person with in a period to be specified therein will be considered by them. (3) After the expiration of the period specified
in the draft notification and after considering such objections and
suggestions as may be received before such expiration, the Government may
publish in such manner as may be prescribed a final notification declaring
the area specified in the draft notification or any portion thereof, to be a
notified area for the purposes of this Act in respect of any agricultural
produce, livestock and products of livestock specified in the draft
notification. (4) Subject to the provisions of sub-sections
(1).,(2) and (3), the Government may,
by notification – (a) exclude from a notified area, any area
comprised therein; or (b)
include in any notified area, any area specified in such
notification; or (c)
declare a new notified area by separation of area from any notified
area or by uniting two or more notified areas or parts thereof or by uniting
any area to a part of any notified area; Provided that where, as result of declaration of a
new notified area under this clause, the entire area comprised in an existing
notified area is united to one or more notified areas, the said existing
notified are shall stand abolished. 4. (1) The Government
shall constitute, by notification, a market committee for every notified area
from such date as may be specified in the notification and the market
committee so constituted shall be a body corporate by such name as the
Government may specify in the said notification, 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: Provided that any market
committee functioning immediately before such constitution in respect of a
notified area abolished under the proviso to clause(c) of sub-section(4) of
section 3 shall stand abolished. (1-A) Any notification made
under sub-section (1) for the constitution of a new market committee in
respect of any new notified are declared under clause (c) of sub-section (4)
of section 3, may contain such supplemental, incidental and consequential
provisions, including provisions as to the composition of the new market
committee or new and existing market committees and the apportionment of the
assets and liabilities between the market committees affected thereby. (2)
It shall be the duty of the market committee to enforce the
provisions of this Act and rules and bye-laws made thereunder in the notified
area. (3)
(a) Every market committee shall establish in the notified are such
number of markets as the Government may, from time to time, direct for the
purchase and sale of any notified agricultural produce, livestock or products
of livestock and shall provide such facilities in the market as may be
specified by the Government, from time to time, by a general or special
order. (b) Every market committee
shall also establish in the notified area such number of markets as the
Government may, from time to time, direct for the purchase and sale, solely
of vegetables or fruits and shall provide such facilities in the market as
may be specified by the Government, from time to time, by a general or
special order. (c) The market committee shall
declare, by the notification, the limits of every market established by it
under clauses (a) and (b) ( hereinafter referred to as the market area). (4) As soon as may be after
the establishment of a market under sub-section(3), the Government shall
declare by the notification the market area such other area adjoining thereto
as may be specified in the notification, to be notified market area for the
purpose of this Act in respect of any notified agricultural produce,
livestock or products of livestock. (5) Subject to the provisions of sub-sections(1),(2),(3) and (4), the
Government may, by notification – (a) exclude from a notified market area, any area comprised therein;
or (b) include in any
notified market area, any area specified in such notification. 5 (1) Every market committee shall consist
of fourteen members and shall be constituted by the Government by notification in the
following manner – (i) Eight members to be appointed by the
Government in consultation with the Director of Marketing from among the
following categories of growers of agricultural produce, owners of livestock
and products of livestock in the notified
area, namely:- (a) growers of agricultural produce who are
small farmers; (b) growers of agricultural produce other
than small farmers; (c) owners of livestock and products of
livestock : Provided that, there shall atleast be three
members from among persons belonging to Scheduled Castes, Scheduled Tribes,
Backward Classes, minorities and women: Providing further that, there shall be atleast two
members representing the category of
small farmers; (ii) two
members to be appointed by the Government in consultation with the Director
of Marketing from among the licensed traders in the notified area of whom one
shall be a small trader; (iii) one
member to be appointed by the Government from among the Presidents or
persons-in-charge, if any, for the time being performing the functions of
Primary Agricultural Co-operative Societies or the Co-operative Marketing
Societies having their area of operation within the notified area; (iv) the
Assistant Director of Marketing having jurisdiction over the notified area or
any other officer nominated in this behalf by the Director of Marketing; (v) the
Assistant Director of Agriculture or Assistant Director of Horticulture or
Assistant Director of Animal Husbandry or Assistant Director of Fisheries
having jurisdiction over the notified area or any other officer nominated in
this behalf by the concerned Head of the Department; (vi) Chairperson
of the Municipality or the Sarpanch of the Gram Panchayat, as the case may
be, in whose jurisdiction the office of the Market Committee is located: Provided that in the case of a Municipal
Corporation constituted under ant law relating to Municipal Corporations for
the time being in force in the State, one person as may be nominated by the
Corporation shall represent the Corporation in the Agricultural Market Committee
concerned where a notified area comprises the Corporation also. Explanation I: For the purpose of
this sub-section, a ‘small farmer’ means a farmer holding an extent not more
than 4,04686 hectares (ten acres) of dry land or 2,02343 hectares (five acres)
of wet land. Explanation II: (1) In computing the
extent of land held by the farmers for the purpose of this sub-section,
0.404686 hectares (one acre) of wet land shall be deemed to be equal to
0.809372 hectares (two acres) of dry land. (2)
Every market committee shall have a Chairman appointed from among its members
specified in Clause(i) of sub-section (1) and Vice-Chairman be appointed from
among its members specified in Clause (i) or Clause(ii) of sub-section (1),
by the Government in consultation with Director of Marketing ;] (3)
Save as otherwise provided in this Act, the term of office of the members
appointed under sub-section (1) shall be three years from the date of
appointment: Provided
that a member appointed under [clause(ii) of sub-section (1) shall cease to
hold office, if he ceases to be a traders: Provided
further that a non-official member of the market committee shall cease to
hold his office if he absents himself from three consecutive meetings of the
committee, including meetings which
for want of quorum could not be held. Explanation
: For the purposes of the second proviso, no meeting of the market committee
from which a member that meeting was not given to him. (4)
Where a person ceases to be a member under the second proviso to sub-section
(3), the Chairman shall at once intimate the fact in writing to such person
and report the same to the market committee at its next meeting. If such person applies for restoration to
the market committee on or before the date of its next meeting or within
fifteen days of the receipt by him of such intimation the market committee
may at next meeting after the receipt of such application restore him to his
office: Providing
that a member shall not be so restored more than twice during his term of office. (5) The Government may, by notification, remove
the chairman or vice-chairman, who in their opinion willfully omits or
refuses to carry out or disobeys the provisions of this Act or any rules or
bye-laws or lawful orders issued hereunder
or abuses his position or the powers vested in him, after giving him an
opportunity for explanation, and the said notification shall contain a
statement of the reasons of the Government for the action taken. (6)
Any person removed under sub-section (5) from the office of Chairman or
Vice-Chairman shall not be eligible for appointment to wither of the said
offices, until the date of next reconstitution of the market committee under
sub-section (1) of section 6. (7)
Any other member of a market committee may, at any time, be removed from
office by the Government for such reasons and after such inquiry, as may be
prescribed. (8)
When any vacancy occurs in the office of a member it shall be filled in the
manner laid down in sub-section(1): Provided that no such vacancy shall be filled
within three months before the expiration of the term of office of the
member. (9)
The member appointment to fill a vacancy under sub-section (8) shall hold
office for the remainder of the term of his predecessor. (10)
When any vacancy occurs in the office of a chairman or vice-chairman, it
shall be filled in the manner laid down in sub-section (2) and the person
[appointed] to fill in such vacancy shall hold office only for the remainder
of the term of his predecessor. 6. (1) The Government shall reconstitute the
market committee on the expiration of the term of office of the members of
the market committee or of the term as extended under sub-section(2). (2)
The Government may extend the term of office of the members of a market
committee for a period not exceeding one year: Provided
that no such extension shall be given for a period exceeding six months at a
time. (3)
(a) Where, for any reason, there is delay in the constitution of the market
committee in accordance with the provisions of this Act, the Government may
appoint a person or persons to manage the affairs of the market committee
[until the market committee is re-constituted] (b)
The person or persons so appointed shall, subject to the control of the
Government and to such instructions or directions as they may issue from time
to time, exercise the powers, discharge the duties and perform the functions
of the market committee and take all such action as may be required in the
interests of the market committee. (c)
The Government may fix the remuneration payable to the person or persons so
appointed. The amount of such
remuneration and other costs, if any, incurred in the management of the
market committee shall be payable out of the Market Committee Fund. (d)
The Government may at any time, and shall at the expiration of the period of
appointment of person or persons so appointed, arrange for the constitution
or reconstitution of the market committee in accordance with the provisions
of this Act. The person or persons so
appointed shall cease to manage the affairs of the market committee on such
constitution or reconstitution. 6-A.
If the Government are of the opinion that the Chairman of the Market
Committee willfully omitted or refused to carry out the orders of the
Government for the proper working of the Market Committee or abused his
position or the powers vested with him, and that the further continuance of
such person in office would be detrimental to the interests of the Market Committee
or the inhabitants of the market, the Government may, by order, suspend the
chairman of the market committee form office for a period not exceeding three
months pending investigation into the said charges and action thereto under
the foregoing provision of this Section. Provided
that it shall be competent for the Government to extend from time to time,
the period of suspension for such further period not exceeding three months,
so however, that the total period of suspension shall not exceed six months. 6-B Notwithstanding anything in this Act or the
rules made thereunder, where in the opinion of the Government, the Chairman
of the Market Committee willfully omits or refuse to carry out the orders of the Government for the proper
working of the market committee or abuses his position or the powers vested
in him, they may by order, withdraw all or any of the powers vested in him by
or under this Act pending
investigation into such omission, refusal or abuse of position or power, and
cause all or any of the powers and function of the Chairman to be exercised
and performed by such person or authority as the Government any appoint in
that behalf. 7. (1) No person shall, within a
notified area , set up, establish or use, or continue are allow to be continued,
any place for the purchase, sale, storage, weighment, curing, pressing or
processing of any notified agricultural produce or products of livestock or
for the purchase or sale of livestock
except under and in accordance with the conditions of a licence granted to
him by the market committee: Provided
that the market committee may exempt form the provisions of this sub-section
any person who carries on the business of purchasing or selling any notified
agricultural produce, livestock or products of livestock not exceeding such
value as may be prescribed: Provided
further that a person selling notified agricultural produce, livestock or
products of livestock grown, reared or produced by him, shall be exempt from
the provisions of this sub-section, but
the Government may, for special reasons to be recorded in writing, withdraw
such exemption in respect of any such person. Provided also that the market committee shall not
renew the licence granted under this section, unless the license pays all the
arrears of amount due to it under provisions of this Act. Explanation: Nothing in the second proviso to this
sub-section shall be construed as exempting a co-operative marketing
society registered or deemed to be
registered under the Andhra Pradesh Co-operative Societies Act, 1964, selling
notified agricultural produce, livestock or products of livestock or products
of livestock for his own domestic consumption. (2)
Nothing in sub-section (1) shall apply to a person purchasing notified
agricultural produce, livestock or products of livestock for his own domestic
consumption. (3)
A licence granted under sub-section (1) shall be in such form and subject to
the payment of such fees, as may be prescribed: Provided
that no fees shall be charged for the grant of a licence – (i) to
the Khadi and Village Industries Commission; (ii) to
as co-operative marketing society referred to in the explanation to
sub-section(1); (iii) to
a person merely for curing , pressing or processing any notified agricultural
produce or products of livestock. (4) ( a) A licence under sub-section (1) may be
refused to a person – (i) whose licence was cancelled and one year has
not elapsed since the date of the cancellation; (ii) who
has been Convicted of an offence or been guilty of misconduct which, in the
opinion of the market committee affects the said person’s integrity as man of business; (iii) in
regard to who the market committee is satisfied after such inquiry as it considers adequate, that he
is a benamidar for, or a partner with, any other person to whom a licence may
be refused under sub-clause (I) or sub-clause (ii): (iv) if,
in the opinion of the market committee, the grant of a licence is likely to
affect the transaction of purchase or sale in the market or the levy of
market fees therefore. (b) The
market committee may, in accordance with such rules as maybe made by the
Government and after such inquiry as it deems fit, cancel or suspend any
licence granted under sub-section(1).
Provided that in the case of refusal to grant a licence or of
suspension or cancellation of a licence, the applicant or the licencee, as
the case may be, shall be entitled to appeal to such officer and in such
manner as may be prescribed. (5) A
person to whom a licence is granted under sub-section(1) shall comply with
provisions of this Act, the rules and the bye-laws made thereunder and the
conditions specified in the licence. (6)
Notwithstanding anything in sub-section (1), on person shall purchase
or sell any notified agricultural produce, livestock and products of
livestock in a notified market area, outside the market in that area. 8. The market committee may appoint one or more of its members, to be
a sub-committee or special committee for the conduct of any work or to report
on nay matter, and may delegate to any one or more of it members such of its
powers or duties as it may think fit. 9.
(1) The market committee may, at any time, call a meeting of the market
committee, but such meeting shall be held at least once in every month. The market committee shall also call a
meeting of the market committee within one month after receipt of a
requisition in writing from the Director of Marketing or form one-third of
the toral number of members of the market committee. Explanation
: In the determination of one-third of total number of members under this
sub-section, any fraction arrived at shall be counted as one, (2)
Where a meeting is not called as provided in sub-section (1) the Director of
Marketing is not called as provided in sub-section(1) the Director of
Marketing shall call such meeting. 1[(3)
It shall be the duty of the chairman to convene the meetings of the Market
Committee in accordance with the provisions of sub-section (1) and where a
Chairman of the market Committee fails to convene three consecutive meetings
of the market committee from the date of the
commencement of office or the last meeting of the Committee, he shall
cease to be the Chairman unless such cessation has otherwise occurred before
that date and for a period of one year from such date he shall not be
eligible to be appointed as Chairman. 10. (1) All appointments of officers and other
employees necessary for the management of the market shall be made in the
prescribed manner. (2)
The market committee shall in the case of persons in the service of the
Government whom it employs, make such contribution towards his pension and
leave allowances, as may be required by the conditions of his service under
the Government, to be paid by him or on his behalf. (3)
The chairman, vice-chairman and every officer or servant of a market
committee shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code. 11. (1) Every contract entered into by a market
committee shall be in writing and shall be signed on its behalf by the
chairman and two other members thereof and if the market committee has been
superseded, by the person or persons appointed under sub-section (3) of
section 22. (2)
No contract other than a contract executed as provided in sub-section (1)
shall be binding on a market committee. 12. (1) The market committee shall levy fess on
any notified agricultural produce, live stock or products of live stock
purchased or sold in the notified market area (at such rate, not exceeding
(two rupees) as may be specified in the bye laws) for every hundred rupees of
the aggregate amount for which the notified agricultural produce, live stock
or products of live stock is purchased or sold, whether for cash or deferred
payment or other valuable consideration. Explanation I: For the purposes of this section,
all notified agricultural produce, livestock or products of livestock taken
out of a notified market area shall, unless the contrary is proved. Be
presumed to have been purchased or sold within such area. Explanation II: In the determination of the amount
of fees payable under this Act, fractions of ten paise wqual to or exceeding
five paise shall be disregarded. (2)
The fees referred to in sub-section (1) shall be paid by the purchaser of the
notified agricultural produce, livestock or products of live stock. Provided
that where the purchaser cannot be identified, the fees shall be paid by the
seller. 3[12-A.
Every trader in the notified area, who is liable to pay fees under Section
12, shall submit such return or returns relating to his turnover in such
manner, within such period and to such authority, as may be specified by the
market committee in its bye – laws. Explanation:
For the purposes of Sections12-A to 12-G (both inclusive) the terms, (i) “market
fees” shall mean the fees levied under sub-section (1) of Section 12; (ii) “turnover”
shall mean the aggregate amount for which the notified agricultural produce,
livestock or products of livestock, are purchased or sold, whether for cash
or deferred payment or other valuable consideration. 12-B. (1) If the assessing authority is satisfied
that any return submitted under Section 12-A is correct and complete, it
shall assess the amount of market fees payable by the trader on the basis
thereof; but if the return appears to it to be incorrect or incomplete, it
shall , after giving the trader an opportunity of providing the correctness
and completeness of the returns submitted by him and after making such inquiry
as it considers necessary, assess to the best of its judgment the amount of
market fees due from the trader. An assessment under this section shall
however, be made only within a period of three years from the expiry of the year to which the
assessment relates. (2) Where the return submitted by a trader
includes the turnover or any of the particulars thereof which would not have
been disclosed but for an inspection of accounts, registers or other
documents of the trader made by an officer authorized under this Act before
the submission of such returns, the Assessing authority may, after giving an
opportunity to the trader for making a representation in this behalf, treat
such return to be an incorrect or incomplete return within the meaning of
sub-section (1) and proceed to take action on that basis. (3) While making an assessment to the best of
Judgment under sub-section (1) the assessing authority may also direct the
trader to pay, in addition to the market fees assessed a penalty equal to two
times the market fees due on the turnover that was not disclosed by the
trader in his return. (4) Where any trader liable to pay market fees
under this Act,- (i) fails
to submit return before the date specified in that behalf; or (ii) produce
the accounts, registers and other documents after inspection; or (iii) submits
a return subsequent to the date of inspection; the assessing authority may, at any time within a
period of three years from the expiry of the year to which the assessment
relates, after issuing a notice to the trader, and after making such inquiry
as it considers necessary, assess to the best of its judgment, the amount of
market fees due from the trader, on his turnover for that year and may direct
him to pay in addition to the market fees so assessed, a penalty equal to two
times the market fees due. (5) Where for any reason, the whole or any part of
the turnover of the trader has escaped assessment to market fees or has been
under assessed or assessed at a rate lower than the correct rate, the assessing
authority may, at any time within a period of three years from the date on
which any order of assessment was served on the trader, (a) determine
to the best of its judgement the turnover that has escaped assessment and
assess the turnover so determined; (b) assess
the correct amount of market fees payable on the turnover that has been under
assessed; (c) assess
at the correct rate the turnover that has been assessed at a lower rate,
after issuing a notice to the trader and after making such inquiry as it
considers necessary. The assessing authority, in addition to the market fees
so assessed, also direct the trader to pay a penalty equal to two times the
market fees. 12-C. (1) The market fees assessed under this Act
and the penalty levied under sub-sections (3), (4) and (5) of Section 12-B
shall be paid by the trader in such manner and within such time not being
less than fifteen days from the date of service of the notice of assessment
or of the levy of penalty as may be specified in such notice. (2) The Director of Marketing may by general or
special order permits the payment of any market fees or penalty or both
assessed or levied under this Act in two or more installments within such
intervals as may be specified in the said order. (3) If the market fees assessed under this Act or
any installment thereof is not paid by any trader within the time specified
therefor in the notice of assessment or in the order permitting payment in
installments, the traders shall pay in addition to the amount of such market
fees or installment, interest at the rate of twelve percent per annum of such
amount from the date when the market fees becomes due. (4) If the market fees assessed or the penalty
levied under this Act or any instalment thereof is not paid by any trader
within the time specified therefore, the whole of the amount then remaining
unpaid, may be recovered from him as if it were an arrear of Land Revenue. (5) The penalty payable under this Act shall be
without prejudice to the institution of any proceedings for an offenceunder
this Act, or for the recovery of the entire amount remaining unpaid under
sub-section.(4) 12-D. Where the ownership of the business of a
trader liable to; pay market fees is transferred , any market fees or other
amount payable under this Act in respect of such business and remaining
unpaid at the time of transfer may without prejudice to any action, that may
be taken for its recovery from the transfer or , be recoverable from the
transferee as if he were the trader liable to pay such market fees or other
amount. 12-E (1) Any trader objecting to an order of
assessment passed, or proceeding recorded by the assessing authority, under
the provisions of this Act may, within thirty days from the date on which the
order or proceeding was served on him appeal to the Regional Joint Director
of Marketing having jurisdiction over the notified area concerned (hereafter referred to as the Appellate
Authority). Provided
that the Appellate Authority may admit an appeal preferred after the period
of thirty days aforesaid, if it is satisfied that the trader has sufficient cause for not
preferring the appeal within that period. (2)
Before preferring an appeal under this section, market fee shall be paid in
accordance with the assessment made in
the case and no appeal shall be entertained until the said market fee is
paid. (3)
The appeal shall be in such form and shall be accompanied by such fees as may
be specified by the market committee concerned in its bye-laws. (4)
The Appellate Authority may, after giving the appellant an opportunity of
being heard and subject to such rules of procedure as may prescribed – (a) confirm,
reduce, enhance or annul the assessment or the penalty or both ; or (b) set
aside the assessment or penalty or both and direct the assessing authority to
pass a fresh order after such further inquiry as my be directed, or (c) pass
such other as it may think fit. (5) Before passing an order under sub-section (4),
the Appellate Authority make such inquiry as it deems fit or remand the case
to the Deputy Director of Marketing having jurisdiction over the notified
area concerned for an inquiry and report on any specified point or points. (6)
Every order passed in appeal under this section shall, subject to the provisions
of Section 12-F and 12-G be final. 12-F
(1) The Director of Marketing may suo motu, or on an application made to him
call for and examine the record the any order passed or proceeding recorded
by any authority or person authorized by it, under the provisions of this Act
for the purpose of satisfying himself as to the legality or propriety of such
order or as to the regularity of such proceeding and may pass such order in
reference thereto as he thinks fit: Provided
that every application for the exercise of the powers under this section
shall be preferred within thirty days from the date on which the order or
proceedings was communicated to the applicant. (2)
In relation to an order of assessment passed under this Act, the powers
conferred by sub-section (1) shall be exercisable only within such period not
exceeding three years form the date on which the order was served on the
trader, as may be prescribed. (3)
No order shall be passed under sub-section (1) enhancing any assessment
unless opportunity has been given to the assessee to show cause against the
proposed enhancement. 12-G. (1) Any trader objecting to an order
relating to assessment passed by the Director of Marketing under sub-section
(1) 12-F, may appeal to the High Court within sixty days from the date on
which the order was served on him; Provided that the High Court may admit an appeal
preferred after the period of sixty days mentioned in sub-section (1), if it
is satisfied that the trader has sufficient cause for not preferring the
appeal within that period. (2)
The appeal shall be in such form, shall be verified in such manner and shall
be accompanied by such fee as may be prescribed. (3)
The High Court after giving both parities to the appeal, an opportunity of
being heard pass such order thereon as it thinks fit. (4)
Before preferring an appeal under this section, market fee shall b paid in
accordance with the assessment made in the case and no appeal shall be
entertained until the said market fees is paid: Provided
that if a s a result of the appeal, any change becomes necessary in such
assessment, the High Court may authorize the assessing authority to amend the
assessment and on such amendment being made, the excess mount paid by the
trader shall be collected in accordance with provisions of Act as the case
may be. (5)
In respect of every appeal preferred under sub-section (1), the cost shall be
in the discretion of the High Court. 13. The market committee may, in accordance with
such rules as may be made in this behalf, levy a subscription for collecting
and disseminating among the subscribers, information as to any matter
relating to statistics or marketing in respect of notified agricultural
produce, livestock or products of livestock. 14. (1) All moneys received by a market committee
shall be paid into a fund to be called.
The Market Committee Fund and the said Fund shall be deposited, in a
single banking account with nearest Government treasury, or with the sanction
of the Government, in a Bank. All
expenditure incurred by the market committee under or for the purposes of
this Act shall be defrayed out of the said Fund; and any surplus remaining
after such expenditure shall be invested in such manner as may be prescribed. (2)
(a) Every market committee shall, out of its fund, pay to the Government the
cost of any special or additional staff employed by the Government in
consultation with the market committee in the notified area for giving effect
to the provisions of this Act. (b)
The Government shall determine the cost of such special or additional staff
and shall, where the staff is employed for the purposed of more than one
market committee, apportion such cost among the market committees concerned
in such manner as the Government think fit.
The decision of the Government in determining the amount payable by
any market committee shall be final. (3)
A market committee may grant loans to another market committee out of its
surplus funds and with the previous sanctions of the Government at such rates
of interest as may be prescribed. 15. Purpose for which the Market Committee Funds
may be expended:- Subject to the provisions of Section 14, the
Market Committee Fund shall be expended for all or any of the following
purposes, namely: (i) the
acquisition of site for the market; (ii) the
establishment, maintenance and improvement of the market; (iii) the
construction and maintenance of buildings necessary for the market and for
the health, convenience and safety of the persons using the market and
maintenance of building under the control of the market committee; (iv) the
provision and maintenance of standard weights and measures; (v) the
pay, pensions, leave allowances, gratuities, compassionate allowances and
contribution towards leave allowance s pensions or provident fund of officers
and servants employed by the market committee; (vi) the
payment of interest on loans that maybe raised for purpose of the market and
the provisions of a sinking fund in respect of such loans; (vii) the
collection and dissemination of information regarding all matters relating to
crop statistics and marketing in respect of notified agricultural produce,
livestock and products of livestock; (viii) schemes
for the extension of cultural improvement of notified agricultural produce, livestock
and products of livestock within the notified area, including the grant,
subject to the approval of the Government, of financial aid to the schemes
for such extension or improvement within such area, undertaken by other
bodies or individuals; (ix) Propaganda
for the improvement of agriculture, livestock and products of livestock and
thirft; (x) 1(x x
x) (xi) the
promotion of grading services; (xii) measures
for the preservation of foodgrains; (Xii-a) 2(x x x ) (xiii) such
other purposes as may be sepcified by the Government by general or special
order. 16. Central Market Fund: 1) There shall be formed
for the whole of the State, a fund to be called the “Central Market
Fund”. Every Market Committee shall
contribute ten per cent of its annual income to the Central Market Fund and
the contribution so paid shall be placed to the credit of the said Fund. 1(Provided that it shall be competent for 2(the
Director of Marketing to grant postponement of the payment of contribution or
reduction or remission threof in respect of any newly constituted market
committee upto a period of three years from the date of its constitution). (2) The Central Market Fund shall be vested in the
Government and deposited in the Government treasury at (i) grant-in-aid
of the market committees for the first year after their constitution under
this Act. (ii) Grant-in-aid
of a deficit market committee for a period not exceeding three years. (iii) Grant
of loans to the market committees at such rates of interest as are charged on
loans granted by the Government for development purposes; (iv) 2(such
other similar or allied purposes as may be specified by general or special
order; Proviso omitted by A.p.Act 32 of 1988. 3(Provided that the Director of Marketing shall
obtain the approval of the Government before sanctioning any grant-in-aid or
loan exceeding rupees five thousand.) 17. No trade allowance permissible except as prescribed by rules or under
bye-laws:- No trade allowance other than an allowance prescribed by rules or
provided under bye-laws, shall be made or received, in a notified area by any
person in any transaction in respect of notified agricultural produce,
livestock or products of livestock and no Civil Court shall, in any suit or
proceeding arising out of any such transaction, have regard to any trade
allowance not so prescribed or provided.
Explanation:-In the case of notified agricultural produce and products
of livestock, every deduction other than a deduction on account of deviation
from sample, when the purchase is made by sample or of deviation from
standard, when the purchase is made by sample, or of deviation from standard,
when the purchase is made by reference
to a known standard or on account of difference between the actual weight of
the sacking and the standard weight , shall be regarded as a trade allowance
for the purposes of this section. 1[17-A.
Where a market committee is of the opinion that any trader or
commission agent in the notified market area has made any collection in
excess of what is allowed by law or unauthorisedly by whatever name called,
the market committee may require, at any time within a period of eleven years
from the date of the said excess or unauthorised collection, such trader or
commission agent to produce before it all accounts, registers and other
documents and to furnish any other information relating to such
transaction, and may , after such
enquiry as it deems fit in the circumstances of the case, determine the
amount collected in excess or unauthorisedly by such trader or commission
agent, and shall thereupon, call upon him to explain why the said amount shall
not be recovered from him and upon considering the explanation, if any, given
by such trader or the commission agent, determine the amount and direct that
he shall pay to it the amount in such manner and within such period as maybe
prescribed. The market committee shall
refund the amount so paid to it to the concerned grower or the purchaser, as
the case may be. If the trader or
commission agent fails to pay the amount as required by the market committee,
the said amount shall be recovered as if it were an arrear of land revenue,
on a certificate issued by the market committee). 2[17-B. Every trader shall keep and maintain true
and correct accounts and records relating to his business promptly showing
such particulars as may be prescribed. 17-C. Power to order production of accounts and
power of entry, inspection and seizure:- (1) The assessing authority or any
officer of the department of Marketing not below the rank of an Assistant
Director of Marketing authorised by the Director of Marketing in this behalf
may, for the purposes of this Act, require any trader to produce before it or
him the accounts, registers and other documents and to furnish any other
information relating to his business or the levy of fees. (2) All accounts, registers and other documents
maintained by a trader in the course of his business the notified
agricultural produce, livestock or products of livestock in his possession,
and his offices, shops or establishments, godowns, vessels or vehicles shall
be open to inspection by such authority or officers at any time during the
business hours specified under the relevant law for the time being inforce or
where no such hours are specified, at all reasonable times. (3)
If any such authority or Officer has reasons to suspect that trader is
attempting to evade the payment of any fees or other amount due from him
under this Act, or that any offence has been or is being or about to be
committed by contravening any of the provisions of this Act, or the rules
made there under or the bye-laws made by a Market Committee, such authority
or Officer may, for reasons to be recorded in writing, sieze any of the
accounts, registers or other documents of such trader and shall give the
trader a receipt for the same. The
accounts, registers and documents to seized shall be retained by such
authority or officer only for so long as may be necessary for their
examination and for any inquiry or proceedings under this Act. (4)
For the purposes of sub-section (2),
or sub-section (3) the assessing authority or the other officers so
authorised shall have power to enter and search at any time during the
business hours specified under the relevant law for the time being in force or
where no such hours are specified at all reasonable times, any office, shop,
godown, vessel, vehicle or any other place, where such authority or officer
has reason to believe that the trader keeps or is for the time being keeping
any notified agricultural produce, livestock or products of livestock,
accounts, registers or other documents of this business. (5)
All searches under this section shall, so far as may be, be made in
accordance with the provisions of the code of Criminal Procedure, 1973. (6)
When so required by the assessing authority or the officer so authorised, the
driver or any other person-in-charge of the vehicle, vessel or other
conveyance, which is taken or proposed to be taken out of the notified market
area, shall stop the vehicle, vessel or other conveyance as the case may be,
and kept it stationary as long as may
reasonably be necessary, and allow the said authority or officer to examine
the contents in the vehicle, vessel or other conveyance and inspect all
records relating to the notified agricultural produce, livestock or products
of livestock which are in the possession of such driver, or other
person-in-charge for the purpose of ascertaining whether there has been any
sale or purchase of the notified agricultural produce, livestock or products of
livestock carries whether the notified Agricultural Produce, livestock or
products of livestock so carried is liable to fees under this Act and whether
such fees has been paid or properly accounted for. (7) The assessing authority or the officer so
authorised shall have power to seize any notified agricultural produce,
livestock or products of livestock taken or proposed to be taken out of the
notified market area either by human labour or in any vehicle, vessel or
other conveyance, if such officer has
reason to believe that any fees or other amount-due under this Act, in
respect of such produce has not been
paid. Such seizure shall forthwith be
reported by the authority or officer aforesaid to a Magistrate having
jurisdiction to try the offences under this Act and the provisions of
sections 457, 458 and 459 of the Code of criminal procedure 1973 shall, so
far as may be, apply in relation to such notified agricultural produce,
livestock or products of livestock so seized as they apply in elation to any
property seized by a police officer. (8)
Any person aggrieved by such seizure may appeal to the Director of Marketing,
who shall after giving the said officer and the owner of the seized property,
an opportunity of being heard give his decision thereon; and every decision
of the Director of Marketing shall be complied with). 18. Power to borrow : 1) A market committee may,
with the previous sanction of the Government, raise the money required for
carrying out the purposes for which it is constituted on the secuirty of any
property belonging to it and of any fees leviable by it uner this Act. A Market committee may, for the purpose of
meeting the initial expenditure on lands, buildings and equipment required
for establishing the market, obtain a loan from the Government. (2)
The conditions under which such money or loan shall be raised and the time
within which the same shall be re-payable shall be subject to the previous
sanction of the Government. 19. 1) The
Chairman, Vice-Chairman and every member of a market committee shall be
liable for the loss, waste or misapplication of any money or other property
belonging to the market committee if such loss, waste or misapplication is a
direct consequence of his negligence or misconduct and a suit for
compensation may be instituted against him in
a Court of competent jurisdiction by the market committee with the
previous sanction of the Director of Marketing. (2)
Every such suit shall be commenced within three years from the date on which
the cause of action arose. 20. No member of a market committee shall be
personally liable in respect of any contract or agreement made, or for any
expense incurred by or on behalf of the market committee, but the funds at
the disposal of the market committee shall
be liable for and charged with, all costs in respect of any such
contract or agreement and such expenses. 21. (1) Where a suit is
instituted against the market Committee, the Chairman, Vice Chairman, or any
other member or any of its officers, or servants or any person acting under
the direction of such market Committee, Chairman, Vice Chairman or other
member or officer or servant acting in good faith and the claim of the
plaintiff is satisfied before the date fixed for the settlement of issues or
where the summons are issued for the final disposal of the suit before the
daste of the hearing or the final disposal, the plaintiff shall not be
entitled to the costs of the suit against the market committee or the
Chairman, Vice Chairman, or any other member or officer or servant, as the
case may be, unless a notice of sixty days of the suit stating particulars of
the claim was given before its institution in the manner provided in
sub-section(2) (2)
A notice for the purposes of this section shall be in writing and shall – (i) in the case of suit against the market committee, be left at
the office of that market committee; (ii) in the case of suit against the chairman, vice-chairman or
any other member or officer or servant, be delivered to that chairman,
vice-chairman or other member or officer or servant, as the case may be. 22. (1) If, in the opinion of the Government a
market committee is not competent to perform or persistently make default in
performing the duties imposed on it by or under this Act, or abuses its
powers, they may, by notification, supersede such committee for a period not
exceeding 1(six months) in the first instance and may, by order, extend, from
time to time, the period of supersession, so however, that the total period
of supersession in the case of any market committee shall not exceed 1(one
year). Provided
that before issuing a notification under this sub-section, the Government
shall give to the market committee an opportunity of making representation on
the action proposed and shall consider the explanation or objection, if any,
of the market committee thereon. (2)
As from the date of publication of a notification under sub-section (1),
superseding a market committee, the following consequences shall ensue – (a) all the members as well as the
chairman and vice-chairman of the market committee shall be deemed to have
vacated their offices; (b) all the assests vested in
the market committee shall, subject to all its liabilities, vest in the
Government. (3) Where a market
committee has been superseded – (a) the Government may, by order, appoint a suitable person or
persons to exercise the powers and perform the functions of the market
committee during the period of its supersession and transfer to such person
or persons the assets and liabilities of the superseded market committee as
on the date of such transfer; and (b) the Government, may, at any time before the expiration of the
period of supersession, constitute a new market committee under sub-section
(1) of section 4 and transfer thereto the assets
and liabilities of the superseded market committee as on the date of such
transfer. 23. 1[(I) Whoever contravenes the provisions of
Section 7 or fails to pay the fees levied under sub-section (1) of Section 12
shall, on conviction be punished with imprisonment for a term, which shall
not be less than six months but which may extend to one year and with fine,
which may extend to five thousand rupees, and
in the case of a continuing contravention with further fine which may
extend to five hundred rupees for every day during which the contravention is
continued after conviction thereof:
Provided that the Court may, for adequate and special reasons to be
mentioned in the judgment, impose a sentence of imprisonment for a term of
less than six months.
(2) Whenever any person is convicted of an offence under section 7 or
fails to pay the fees levied under sub-section (1) of section 12, the
Magistrate shall, in addition to any fine which may be imposed recover
summarily and pay over to the market committee the amount of the fees
chargeable for the licence under section 7 or the fees levied under
sub-section(1) of section 12, as the case may be, and may in his discretion
also recover summarily and pay over to the market committee such amount, if
any, as he may fix as the costs of the prosecution.
(3) The recovery of the licence fees under sub-section (2) shall not
entitle the person convicted to the grant of a licence under this Act.
1[(4)] Any person, who willfully acts in contravention of the
provisions of Sections 17 or Section 17-A shall on conviction, be punished
with imprisonment for a term, which shall not be less than three months but
which may extend to six months and with fine, which may extend to one
thousand rupees: Provided
that the Court may, for adequate and special reasons to be mentioned in the
judgment impose a sentence of imprisonment for a term of less than three
months.
(5) Any person who – (i) prevents
or obstructs inspection, entry, search or seizure by the assessing authority
or an officer authorized under Section 17-C, in contravention of the terms
thereof : or (ii) prevents
or obstructs inspection of any notified agricultural produce, livestock or
products of live stock or of any vehicle, vessel or other conveyance carrying
such produce, by the officer aforesaid, shall, on conviction, be punished
with imprisonment which shall not be less than three months but which may
extend to six months. Provided that the Court may, for adequate and
special reasons to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than three months. 23-A. (1)
The market committee accept from any person, who has committed or is
reasonably suspected of having committed an offence against this Act or the
Rules or bye-laws made there under, other than such offences as may be
prescribed, or by way of compounding of such offices – (a) Where
the offence consists of the failure to pay, or the evasion of any fee, or
other amount recoverable under this Act or the rules or bye-laws made
thereunder, in addition to the fee or other amount so recoverable, a sum or
money not less than the amount of the fee or other amount subject to a
minimum amount of rupees two hundred and fifty and (b) In
other cases, a sum of money not
exceeding rupees five hundred. (2) On payment of the amount by way of compounding
no further proceedings shall be taken or continued against the defaulter in
regard to the office of suspected offices so compounded. 24. (1) A market committee may, subject to such
restriction and control as may be prescribed, write-off any amount due to it,
if in its opinion such amount is irrecoverable; Provided
that the market committee shall obtain the previous sanction of the
Government for writing-off any such amount where it exceeds one hundred
rupees. 25. (1) No offence punishable by this Act or any
rule or bye-law made thereunder shall be tried by a court inferior to that of
a magistrate of the first class. (2)
Prosecutions 1[for the contravention of the provisions of this Act or any
rule or bye-law made thereunder] may be instituted by person duly authorized
in writing by the market committee in this behalf. (3) All fines recovered
from any person convicted shall be credited to the Consolidated Fund of the
State and a grant equivalent to such fines shall be paid to the market
committee. 26. (1) All sums due from a market committee to
the Government may be recovered in the same manner as arrears of land
revenue. (2) All sums due to
the market committee by way of market fees or other fees may be recovered in
the same manner as arrears of land revenue. 27. (1) The Director of Marketing may, of his own
motion or on application made to him, call for and examine the record of any
market committee and the Government may, of their own motion or on
application made to them, call for and examine the record of the Director of
Marketing, in respect of any proceeding, [other than a proceeding relating to
assessment and recovery of market fees under Sections 12-A to 12-F (both
inclusive)], to satisfy himself or themselves as to the regularity of such
proceeding, or the correctness, legality or propriety of any decision passed
or order made therein; and, if in any case, it appears to the Director of
Marketing or the Government, that any such decision or order should be
modified, annulled, reversed or remitted for reconsideration he or they may
pass orders accordingly:
Provided that every application to the Director of Marketing or the
Government for the exercise of the powers under this section shall be
preferred within ninety days form the date on which the proceeding, decision
or order to which the application relates was communicated to the applicant. (2)
No order prejudicial to any person shall be passed under sub-section(1)
unless such person has been given an opportunity of making his
representation. (3)
The Director of Marketing or the Government, as the case may be, may suspend
the execution of the decision or order pending the exercise of his or their
power under sub-section(1) in respect thereof. (4) The Director of
Marketing or the Government may award costs in proceedings under this section
to be paid either out of the funds of the market committee or by such party
to the application for revision as the Director of Marketing or the
Government may deem fit. 27-A.
If any difficulty arises in giving effect to the provisions of this Act, the
Government, as occasion may require, may by order do anything which appears to them to be necessary for
the purpose or removing the difficulty. 28. Nothing in this Act shall apply to any
place set up, established or continued on behalf of the Government for the
purchase, sale, storage, weighment, pressing, or processing of any notified
agricultural produce or products of livestock or the purchase, sale or
accommodation of livestock or to the purchase
or sale of any such notified agricultural produce, livestock or products
of livestock by or on behalf of the Government. 29. (1) Where in pursuance of section 3, the
Government notify any area comprised within the local limits of the
jurisdiction of a municipality or other local authority, no such municipality
or other local authority shall levy any fees on any notified agricultural
produce, livestock or products of livestock purchased or sold in the notified
area. (2) The market committee of the
notified area shall out of its funds, pay every year to the municipality or
other local authority, which was levying such fees immediately before the
notification of the area, a sum equivalent to the licences fees levied by
such municipality or other local authority during the period of one year
immediately before the notification of the area, for a period of ten yeas as
compensation for the loss of income of the municipality or the local
authority on account of the establishment of markets in the area by the
market committee. 30.
Nothing in any law providing for the establishment, maintenance or regulation
of a market or the levy of fees
therein shall apply to any market established under this Act or affect in any
way the powers of a market committee, in respect of such market. 31 (1) Notwithstanding anything in the Indian
Registration Act, 1908 it shall not be necessary for the chairman or any
member or officer of a market committee to appear in person or by agent
at any registration office in any
proceeding connected with registration of any instrument executed by him in
his official capacity or to sign as provided in section 58 of that Act. (2)
Where any instrument is so executed, the registration officer to whom such
instrument is presented for registration may, if he thinks fit, refer to the
chairman, member or person referred to in sub-section (1) of section 11 for information respecting
the same and, on being satisfied of the executing thereof shall register the
instrument. 32. Where in the opinion of the Government it is
considered necessary so to do, they may, by notification regulate or prohibit
the commission agents operating in the market; Providing that nothing in this section
shall prevent the market committee from issuing licenses to commission agents
operating in the market until the issue of the notification under this
section. 33. (1) The Government may, either generally or
specially for any notified area or areas, make rules for carrying out the
purposes of this act. (2) In
particular and without prejudice to the generally of the foregoing power,
such rules may provide for- i. [the
appointment and removal of members of a market committees. ii. The
appointment of the chairman and vice-chairman of a market committee and their term of
office; iii. The
filling of casual vacancies in the office of the chairman, vice-chairman or
members of a market committee;] iv. Regulating the methods of recruitment
and conditions of service of officers and other employees of the market
committee; v. The
procedure to be adopted by the market committee for the issue of passes to
enter into a market area and for the publication of information with regard
to the proceedings of the market committee and the arrivals, prices and
stocks of notified agricultural produce, livestock or products of livestock; vi.
Arrangements to be made for the functioning of the markets, discharge
of duties of a market committee and its chairman, in case they are prevented
from discharging their duties under any lawful order: vii.
The acquisition of land by a market committee for the purpose of the
Act under the Land Acquisition Act, 1894; viii.
The issue by a market committee of licences under section 7, the
forms in which, and the conditions under which such licences shall be issued
or renewed, the annual fees that may be levied for such licences and the
recovery of such fees; ix.
The maximum rates of subscriptions which may be levied by the market
committee under section 13 and the recovery of such subscriptions; x.
The issue by a market committee of licences to commission agents,
weighmen, measures, surveyors and other persons operating in the market, such
licence shall be issue or renewed, the fees to be charged therefor, the
suspension or cancellation of such licences and the appeal to be made to the
Government against the suspension or cancellation of such licences; xi.
The trade allowances which may be made or received by a person in
transactions governed by this Act in a notified area; xii.
The provision of facilities for the settlement of any dispute between
a buyer and seller of notified agricultural produce, livestock or products of
livestock or their agents including, in the case or notified agricultural
produce and products or livestock, disputes regarding the quality or weight
of the article the allowances for wrappings, dirt or impurities or deductions
from any cause; xiii.
The prohibition of commission agents from acting in any transaction
on behalf of both the buyer and seller or any
notified agricultural produce, livestock or products of livestock; xiv.
The provisions of accommodation for livestock and for strong any
notified agricultural produce or products of livestock brought into the
market; xv.
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; xvi.
The procedure to be followed by a market committee in respect of
financial matters generally including the manner in which and the
restrictions and conditions subject to which expenditure may be incurred by
it; xvii. The form in which the accounts of a market
committee shall be kept, [the audit and publication of such accounts] and
charges, if any, to be made for such audit; xviii The powers [ x x x] to disallow any
surcharge items and the recovery of sums so disallowed an surcharged; xix
The institution of provident funds; xx The preparation and submission for
sanction of an annual budget and the reports and returns to be furnished by a
market committee. xxi The investment and disposal of the
surplus funds of a market committee. xxii.
The inspection of the accounts and stocks of the traders; xxiii The
prevention of adulteration of notified
agricultural produce and products of livestock; xxiv.
The maintenance of standards of notified agricultural produce, livestock and
products of livestock; xxv. [regulation] of market charges such as
commission, weighment charges,
godown charges and other incidental charges; xxvi. Inspection and
administration of market committees; xxvii.
The manner in which and the purpose for which the Central Market Fund
shall be administered and applied. (3)
Any rule made under this section may provide that any contravention thereof
or of any of the conditions of any licence issued or renewed thereunder,
[shall, on conviction, be punished with the imprisonment for a term which
shall not be less than six months but which may extend to one year or with
fine or with fine which may extend to five thousand rupees or with both]. (4)
The power to make rules conferred by this section shall be subject to the
condition of the rules being made after previous publication for a period of
not less than one month. (5)
Every rule made under this section shall immediately after it is made be laid
before each House of the State
Legislature if it is in session and if it is not in session, in the session immediately following for a
total period of fourteen days which may be comprise in one session or in two
successive sessions and if before the expiration of the session in which it
is so laid or the session immediately following, both the Houses agree in
making any modification in the rule or in he annulment of the rule, the rule
shall thereafter have effect only in such modified form or shall stand
annulled, 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 that rule. 34.
(1) Subject to any rules made by the Government under section 33 and with the
previous sanction of the Director of Marketing, a market committee may, in
respect of the notified area for which it was constituted, make by-laws for
the regulation of the business and the conditions of trading therein: [Provided
that it shall be competent for a market committee to adopt the bye-law of any
other market committee by a resolution and the bye-laws so adopted shall come
into force in respect of the market committee adopting the same on the
publication of the resolution in the Andhra Pradesh Gazette and it shall not
be necessary to publish the adopted bye-laws in the said Gazette]; [Provided
further that where a market committee fails to make bye-laws or adopt the
bye-laws of some other market committee under this sub-section] within two
months from the date of its constitution, the Director of Marketing may make
such bye-laws as he thinks fit, and he bye-laws so made shall remain in
operation until the market committee has made bye-laws under this
sub-section. (2)
Every bye-law made under this section shall be published in English and Telugu
in the Andhra Pradesh Gazettee [xx] and it shall come into operation [on
[xxx] the date of its publication in English in the Andhra Pradesh Gazette]. (3) Any bye-law made under this section may
provide that any contravention thereof shall be punishable with fine which
may extend to five hundred rupees. 35. The Government may, by
notification, and for the reasons to be specified therein, either permanently
or for any specified period, exempt any market committee, any person or class
of persons from all or any of the provisions of this Act, subject to such
conditions as the Government may deem fit to impose. 36. The Andhra Pradesh (Andhra area) Commercial
Crops Markets Act, 1933 and the Andhra Pradesh (Telangana Area) Agricultural
Market Act, 1339F, are hereby repealed; Provided that- (a) any
area declared to be a notified area or market under nay of the Acts so
repealed shall be deemed to have been declared under this Act [xx]; [(aa) any area declared to be a notified area or
market or market-yard by or under any of the Acts so repealed shall be deemed
to have been declared to be a notified market area under this Act for the
purpose of section 12;]. (b) Any
market committee constituted under any of the Acts so repealed and existing
immediately before the commencement of this Act shall be deemed to have been
constituted under this Act until a market committee is constituted under this
Act in its place and on such constitution all the assets and liabilities of
the market committee so deemed to have been constituted shall devolve on the
market committee so constituted under this Act; (c) The
repeal shall not affect the previous operation of the Acts so repealed or
anything duly done thereunder and anything done or any action taken under the
said Acts shall be deemed to have been done or taken under this Act and shall
continue to be in force unless and until superseded by anything done or any
action taken under this Act. 37. (1) Notwithstanding anything in the Andhra
Pradesh (Telangana Area) Agricultural Market Act, 1339 Fasli, all
contributions made by the Market Committee constituted under that Act to the
fund which was called the Central market Fund and all expenditure incurred
there from, before the commencement of this Act shall be deemed always to have
been validly made and incurred as if such contributions and expenditure were
expressly provided for in the said Act, and no such contribution or
expenditure shall be questioned in any court of law on the ground that the
said Act did not provide for such contribution of expenditure. (2) The balance of the said fund, if any,
outstanding at the commencement of this Act shall stand transferred on such
commencement to the Central Market Fund formed under sub-section (1) of
section 16 and shall for all purposes be deemed to form part of that Fund: Provided that the said balance shall be
administered and applied under sub-section (2) of section 16, only for the
purposes of the market committees constituted for the notified areas within
the territories specified in sub-section (1) of section 3 of the States
Re-organisation Act, 1956. |
Short title, extent and commencement Definitions Declaration
of notified area Constitution
of a market committee and declaration of notified market area Composition
of Market Committee Reconstitution
of the market committee Power
of Government to suspend the Chairman of the Market Committee Power
of Government to withdraw the powers of Chairman Trading
etc., in notified agricultural produce, livestock and products of livestock I
the notified area. Sub
committee and delegation of powers. Meetings Appointment
and salaries of officers and servants of market committee Execution
of contracts Levy
of fees by the market committees Submission
of return of turnover by trader Assessment
of market fees Payment
of market fees and other dues and other dues payable under the Act Recovery
of market fees where business of trader is transferred Appeals Revision
by the Director of Marketing Appeal
to High Court Levy
of subscription for market reports etc. Market
Committee Fund Purposes
for which the Market Committee Fund may be expended Central
Market Fund No
trade allowance permissible except as prescribed by rules or under bye-laws Recovery
of excess and unauthorised collections Maintenance
of true and correct accounts and records by traders etc. Power
to order production of accounts and power of entry, inspection and seizure Power
to borrow. Liability
of the Chairman and member for loss, waste or misapplication of property. Member
not to be liable personally in respect of a contract or agreement made by or on behalf of the market
committee Costs
of suit filed against market committee etc., without notice. Supersession
of market committees. Penalties Compounding
of offences Power
to write of irrecoverable amounts. Trail
of offences Recovery
of sums due to Government and market committee Revision Power
to remove difficulties Act
not to apply to markets established by or on behalf of Government Payment
of compensation in respect of markets in municipalities and in areas within
jurisdiction of other local authorities. Act
to override other laws. Registration
of document executed on behalf of a market committee. Power
of the Government to regulate or prohibit commission agents. Power
to make rules
Bye-laws Exemption Repeal
and savings. Validation |