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(c) "Board" means ihc Delk Agricultural Marketing Board constiturcd under
section 5 ;
(m) "marh" mcaos sl &@dated mwkci established rmdcr Ihis Acl, for a market
-
area and Includes a market of natiod importance edabiished under w t i o n
- 26 and a phcipd market and a aubsidairy market established under siction
23;
(n) %nrkct afdan meam area declared to be a market area under section 4;
I
i
, ' 1
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?-
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--
Irj
-
-
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r,omn;zncin2 ivi:h
-
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" ~ r t ~ r k efu;lc!ionnry"
t
''If11 i.:I.(rr:iLET ['I: F.;<(R
.-
. .
I!~C
. ...
s:;;gc :,i
banes! till
. - . ;- ~ -( I-I-{.D- I .--.-
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r i l e . ~ : c ~ c h~
~~\~:'~
consgmcr
l l t
and such
tile byc-iaivs io be 2
large:
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-:I
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-
(1 "~.o~ification"
means 2 ;::qlfiralion pub!isllsd in ;hc ci'ficinl Gazctlc;
1 (iij "n~~~ifiedagricu~ruralprariilce"~:e~n~any~gri~~;lttr~ilpr~lj~ccno~i~edunder
wc~j;ln 4;
I (-.;;l"prcscribcd" ~t~exn..;
pri.bcri:!ed by ruicr rnal',~~ d e !his
r .4c[;
jzg) '.~rader"mcans 3 prr.;on who, In fhc normal coiusc, ci~rricsout the business
S ~any
orbuying or se1lif.g. sl;trkig OI ~ ' C I C C S of ~ ~ nolificd agricqllwal proi1:cc
4 s 3 principal or ;is a 11;llyauthcrised agcn!.
(2) If ariy question a r i m a5 to ..qhc.!l~crn pcrson is ur I:; Ili)l an 3griculturist for Ihc
purposes oi' h i s ;Cc nlaricr \11311bc rererrcd to tht. nirccior whose dccision
thercoo shall bc fir~al.
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3 Notiflcaff on
of intention
of regalntlng
marketing of
notifled
agricnltnr~l
p d n c e in
smn
The notification under subsection (1) shall stale that any objections or
suggestions which may be received by the Government,.within such period
not being jess than forty five days, to be specified in the notification, shall be
considered by it.
4. Declaration
of mnrket
a m and
regulating
agricultural
pmdaca
A decIaration made under sub-section (I) may aIso be published in atlcast two
newspapers in such languages as the Government may fiom timc to time specify -
by order, in this behalf or in such other mamer as, in the opinicln of the
Government, is best calculated to bring to the notice of persons in that area 47
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DELHIGAZUTE
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CHAPTER JIX
CONSTITUTION AHD POWERS OF DELHI AGIUCULTURAL MARKETIHC BOARD
' 5~blistmeot (I) Thc Covcmrncnt shall, for ihc purposes of this Act, establish a Board to be
howoas"Thc Delhi Agricullurai Marketing Board" consistiqg of a Chairman,
=d fifteen members of whom scvcn shall be oEcials and cight non-officials,
to be nomianted by tbt Governmen1 in lhc fo1Iowing manner, namely:-
(v) iwo member rcprcscnting the intzrcs~sof consumers, ofwhom onc shail be a
member af the Legislative AssembIy of Uelhi.
(2) The Vicc-Uhaiman shall function as the chicfcxccutive affiwr of the Doard.
I
a. I B ~ ~ M R I G O O The Board shall be a body corporate and a local authority with the namc
of the Doard "The Dclhi Agricultural MarkctingBoard" baying perpetual succession and a
common seal, will1 power, subject 'to the provisions or the Act, to acquire,
hold and disposc af property, and may by tlre said name, sue and be sued.
1 7. Term of Thc Chairman, thc Vicc Chaimao and (he official members shall bold office
Chairman during the pIcasurc of chc Gournrncnt. Evcry non-oficial member shalI hold
Vice-Cbairman, o f i c e for a period of five ycsrs but shall, on !hc cxpiry of ihc rcrm, be eligible
Official for rc-t~urninarionprovided rhat, notwihstanding thc expiq of tcrm of office,
Members and the non-a llicial mcrnbcr s i ~ a I continue
I in olficc until his successor has been
oon-offcial nominalcd and has assurncd office.
members
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H. DhqnaM-
calioas for member of the Board if he :-
membership
(a) does not ordinarily reside within Delhi;
relesse.
9. Chairman (1) The Chairman, and in his absence, the Vice-Chsirman shall prcside over the
to preside meetings of the Board.
11. Resignation !1. (1) T h e Chairman of the Board may, by writing under his hand sddtesscd .to the
Chairman Government and dclivcrcd to tbc Director, resign his oifice.
and Members
(2) A member may, by writing under his hand, sddressed to tbc Government and
delivered lo the Chairman of the Bogd, resign his office.
12 Pay,ellowaaee- (1) The Chairman and vice-chairman of the Board shall be entitled to receive
and benefits such pay and or dlowances and orher benefits as may be determined by
to the Chairman rules made in this behalf. Ifnon-official is appointed as Chairman of rbt ,
and Vice-Chairman
or the Board
(2) The members of the Board shall be enlitled to receive such allowances
and other benefits for attending the meetings of the Board or for attending
any other work, assigned to h e m by the Board, as may be determined by
rules made in this behalf.
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The Government may remove horn ofice any nonsIIicial member of the Board
who has become subject to any of the disqualificatifins specified in scckion 8
, opir-icn, is remiss in ibc dlschargc r,f his duties or has ctaied to
or ~ : h ~inr its
rcp;cscilt g~c.sarercsls lo whici~he a a s n o r l i i ~ a r t i l :
Prr-+vi5cd~ h d nr o such member shall be rcmcvcd from oIficu rxccpt ai'ler ireine
giv.11 a rcas~na:Jic:oppormnie of sha~villgcdl!se against the action proposed.
1 *pprornl of
badget
( I ) Subject !u h e ~ u i c made
s undcr h i s Acl, B c crlirnvfes of tile uvlual income
and expcaditure of k c Board irr [heprcscdbcr! insin for t!ic ensaing y e a s
1 e s d m tes
~
d!he B o ~ r d
shali be prcpzrcd and pssscd by tbc Eoard and submitlcd cvery year, not
laicr thzs the prescribed da!c, ID ;h;: Gu;rr;inrl;~ntfor its approv~.I.
(2) The Government may appiave the budget of' [he Uoatd as i t is or with such
alters:i:..s r b i ;r!*xl;_7ch!ieila a; it ltrzy ~ l u ! ~fit
k and the budget so approved by
the Guvcrmenl slrali be h e budset of the Board for the year.
I
~cl'ncaccies reason of tbe
not to existenw of my -tacansy amung its membcrs or any defect in the konstitution
invalidate tl~ercof.
Boerd's aet:sn
17. Powersrud (1) The Boxrd shall csercisc superintendence atid conlrol uvcr Ihe mzrketiug
fnnctious commirtees.
oft he Board
I
(2) Thc Govem~cntor rhc Chairmalt or thc Vice-Choirma11of thc Board or any
other official of Lbc Board authoriscd in this bcholf by the Board may call for
from any marketing cornrnittce or any lrdcr, godown kcepc.r or any other
fUncuonary operatiug wilhin thc markct srca any infonna tian or rct urnrelating
1 :L' apic~lturalproduct and shall havc r11c p o w r to inspcct thc records and
acco:clis o r such ~iiarkciingcommit ree, uadcr, godo\vn-keeper or ather
I functionary nnd shall also have powcr to seize or take into possession tlgaipst
proper reccipt [he records accounts books siocks of noti ficd agriculturaI
produce elongwiil~its containers and carriers.
(4) Subject l o Lhc provisions of this A c l and rlic rulcs and rcgulations made
thereunder. rhc Board n ~ s ycrnplog such pcrsons for the pcrformancc of its
functions as i t may consider necessary a11J the mclhod of rccruilmenl, Lhe
scale of pay and other conditions o f s ~ . n . i e cof sucli pcrsons shall bc such as
.
msy bc provided in the regulations made by [Ill: Uoard in this bchzlf.
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(5) The Board sbrlll, subject to the provisions of this Act, perforin h e following
fhnctions and shall have the power to do such things as may be necessary or
expedient for carryiog out these functions, namely:-
, .
(i) Coord~ationofrhew~rkingofthem~ketingcommitteesandolberaffair~
thereof including propammes undertaken by such marketing committees for
Ihe maintenance of markets, sub-markets,check posts and otber sites ia the
market areas;
(ii) undertake the planning and development of markeis for agricultural produce;
(iii) administer the Market Development Fund;
(iv) issue direction to Marketing Committees in general or to one or more Marketing
Committees in particular with a view to ensuring improvement thereof;
(vi) such other functions of like nature as may be entrusted to the Board by the
Government.
(6) .;
. p j u d i c e 10 the generality of the foregoing provision, such functions
of thr; Board shall include :-
(g) to maintain accounts in such forms as may be prescribed and get the same
audited in such manner as may be prescribed; ,
(j) to povide facilities for he training of officers and members of the staff of the
~oard as also the Marketing Committees;
(k) to prepare and adopt its budget for the ensuing year;
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(m) l o grant subventions or loans to lhc hfarketing Cornmittecs for thc purposes
gf [his Ac! on such t c m s and ~ o n d i t i o n sas the Bcard may dcierninc;
(0) to perform such other Functims as may bc 01gcncral intcrest to thc Marketing
Committees or considered neccssar); for e1'Iic-ienl runcfianingof the aoard or
the Marketing Committees
(iii) dispose of all quesrb1:s rcia!ir:g 10thc service of thc cmployec as per
the proccdurc laid d : ~ v ni n !!:c regulations;
(iv) appoint 6ficcrs ai.:: z~efnbersoC [he slafjof lhc Board and Marketing
S c r s i ~ ca s per prs:rcl:i::.r:laid dawn in the regulations;
(v) incur exptndI:,;rc iiorn thc Markc[ Ucvelopment Fund on works and
other itcms ss pcr powcrs dclegatzd to him hy the Board;
(vi) in case oierncrgency, dircct thc cxccurion or stappagc of any work and
pe~furmany Function which rcquircs ~ h sanction
c of the Board;
(ix) discharge any other dulies which may be assigned to him by [he Board
i from time to lime.
(x) take steps for execution of (he decisions of thc Board;
(xi) inspect works underlakcn by the Markcling Committecs and Board and
take corrective measures;
.
(xii) report to the Govcrnmcnt such acts o f thc Marketing Cornmiltees or of
the Board which arc contrary lo lhe provisions of this Act or the rules.
rcguIations or bye-laws madc thereunder; and
(xiii) take such steps as may bc deemed necessary for cffcctive dischatgo of
the h c l i o n s of !hc Board.
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19. Functions of
the Secretary
o t the Board (i) arrangemeetingsoftheBoard;
21. Powers to
make regulations
for administering
, the mff'airr
of the Board
mners:-
when such mcetings are lc, bc hcId, thc conduct of business at such
mcetings;
(iii) the salaries and allowances, loans and advances, and other conditions
of scruice of oficers and other cn~ployecsof thc Board and of the
Marketing Commitlec;
(viii) the procedure far carrying out 1hc functions of the Board under Lhis
Ad;
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Tba Government shall elrercisa superintenlicnce and conwo1 over the Board
and may call for such information as it may deem necessary and in the event
ofits k h g sat;,sfidthat the B o d is not functioningproperly or is p e r s i h t l y
zrtl;siagdcfadt in Lbe p e r f o r m ~ c cof the duries imposed on it by or under t h i s
Ast or is axcccciing or abusing its powers or is guilty of :;onuption or
mimanagement, h e G a v e m a n t may by m ordcr published, logether with 8
mtcment of reasons thereof, in the oficial GaaLette, dissolve the Board ti11
such time w a New Board is constitulcd. and make sucb arrangements for the
cxmise oiihe functions of h e Eowd icr ii mby hiok fit.
Wblisbment (I) !:o~ v\,cry mirrkct arca. rhere j h i ~ l iilc. csr:~iliishr.done principal rnarCCt, a~!rl
~fmarkci rhcrc ma), also bc cslab1ishr.d orlc nr 111oicsc~bsidiatyii!arkcrs. c n n ~ ~ d ~ r c i l
oC tlotiiicd a g r i c l ~ l ~ u r ap lm ~ l u c e .
ncccssary. rur I ~ I C ~ni~rkeling
It
(2) T!ICOircctor st~all.a s srjctl ns possiblc afrC.r a Jccl;lr;liicln is rn:~dcunder sub-
srcticln(1) of scctinll 4 , by ~ i o i i calirro.
li - t s ~ i ~ h l all!
i ~ I ~place ( i r l c l ~ d i n ~any
:
sIructurc, ericlasurc. opcn spec vr !uc:iliry) in any 1ni1rkcI ;ircil lo h c tbc
. principal mar kc^. lnr rl:c n~a;i;cti~~g o f thc q r i c u l l u r a l prtlducc spcciCicr1 ill
such ~~otificativrta j ~ dnlay. hy { h c samc or aihcr ~ ~ r , t i f i c ; l ~ cs~ul~lish
i~l~i. ill n:ly
such place in a!iy rllarkcl arca one o r rnljrc subsirlbq m:!rlC~sIbr tllc 1n:~rkcung
o i such ~griculluraiproduce.
lcquisl tinn (I) \ i l l e n any land within ~ h n~arkci
c arcs i s rrquircd Tor 1111: purl,rrycs nl this
alland for Act and lhc Bu;~rdis unablc to acrluirc tlic snrtjr by uyrcctnerll. 1l1c I - i c u l c n i ~ n ~
n arrkeiy I;overr,or, may st Ihc rcqucsl of 111cIloard. procccd ro ncquil-c such land u n d e r
!hc pr~visionscf thc land Acquisilion t \ c ! . 1994 ( I of 1 8941 and on p n y c n l ,
of Ilie compensslion awardcd tr11Jcr 1l1;lr A c t , by thc U w r d nnd an!' other
cllnrgcs incurrcd hy !lie I,icuic~~anlGili-cr~~ut. i n c o n ~ ~ c c t i o 1vi1
n fi s u c l ~
acquisition. thc land sllall \#c.i in 1 1 1 ~t3uard or thc Mtrrkct Commiltcc as ~ h c
cusc ]nay be:,
Provided [hat ollce a propussl has bccn 11lr1dcby thc !Ioard. i l shall no1 bc
wilhdrawn bj, i t csccpr ltlr rciqson:: which may he rccorrlcd h'i t and appro\,cd,
by thr: Lieutcr.ani CiovnC I -llilr.
CHAPTER V
MARKETS OF NATIONAL IMPORTANCE
26. Estabkhmen
of mnrkeh salisfied that on
nf national
importance
and
Marketing
Committee
t bereof
The members shall hold omcc Tor a tcrm o r five ycars. IIowever the mcrnbcr
bcing nominated as Chairman and Wcc-Cl~airman,ihcyshall function as such,
during the pleasure o f illc Govcmmenr.
which agricultural
(v) one rcpresentativc of a State or Union Territory from
produce is imported i n Delhi, nominatcd by thc Government in
LO bc
consul~ationwith the Stale Governmcnr or the Administrator of the Union
Territory, as thc casc may be;
decision, the decision shall have cffect only in such modified form fi
dare of such modificatior~.
32. Meetings of The executive committee sball meet as offen as necessav but at leas; on=
Executive a calendar rsontb.
committee
33. Term of Thc members of the executive committee sball hold the oKcc during
oK1ce pleasure of the G o v c m e n t .
members of
the Executive
committee
34. Appointment
and fanetiom
of Secretaryof bvivilh len years of scrvice.
the ~ m r & t f n ~
Committee
performance of any act which requires rhc sanction o f the Board or the ?.
Markcling Committee;
to kc:x~c-Chairman ofthe Board who shall huther *port to tbc Government. ''.
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p,\<!... - - - --- --==---. -, - -- DELI I1 GAZETI'E
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EXTRAORDINAKI'
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CHAPTER VI
TI1:F M.4RKETING COMMImP,E
o15ti(ulinn (1) W i t l ~ np~rl c i ~ ~ d i ctoc 1t.c prnvisior~s of ses~ion26. t!!erc shall be constituted,
by nrder lo be published in the oflicial pazelte. by thc Govcmment for cvcry
market an3?a Markeling Cornmince and di Kcrent Markcting ro~n~nitrees may
be consti:u!cd jrl: rcgu1ati;lg tile markcling of diCfercnt kinds of noiified
agricultura! producc markc:cd in I!!C same mnrkct area or any part thcrcof.
Ii
(2) e v c v Markering C:ommi~tccshail cxcrcisc such powers and discharge such
fiinctions as m3y bc vcslcd in it by :,r undcr this Act.
-. ?-d
lositio sit ion (I) Subject lo lhc pmvisinn$ of s ~ b - r c i l i o n(21, (tho Guver~rmcnlmay conslilule
a mark el in^, Comrni~reecoi~sir;lingof'lllc l'cl1lo:ving clct-cn meotbcrs:
r: of
-
5jnrkcting
(a) n t are agriclrIturists
threc persons to be nor~linatctlhy l l l c i ; t ~ ~ ~ c r n m ctvho
committee
possessing such tlu:llifications a:: may bt. p:cstribctl :
Provided that onc or rhcm shall be a mcmbcr of [he schedulc castcs or other
backwarti c l 3 s r c ~ ;
(ti) two mcmbcrs to bc rlrctcd in ihc prcscribcd manner from the traders and
conkmission ageats holding iiccnces ti) qcr;\te as such in the market area;
[c) one member lo he z~bmina!cil by. ~ h c(invctnmcnt from [he amongst Ihc
Prcsiderll clr Chairn~anof Llle ~ o o p r n t i vso~iclies
~ cngigcd in ihc busi~~ess of
processii~gar mar kc fin^ of h c - ~lotificdagriculture p r ~ d u c eir: thc markct
area:
(d) one member to be clloscn in thc prcscrihcd manncr lrorli the IocnI 3uthorily
jurisdic!ion-~llcprincipal markct i n relation to
v;lihin thc loc:ll li~~~ils\r.liosc
thet Markcting Comrniltcc is situntccl:
Provided that a person to whoin a Iiczncc h;is becn grullrcd undcr scction 80
shall no! hc cligiblc inr being choscn undcr [his clausc;
(-r) tine men~bcrlo bc clcc!cd in ihc prcscribcrl mnnncr by the licensed weighmcn
and me;rsurcrs:
(g) two mcmbers in be nominarcd by !hc Guvcrnment orwhom wlc shall reprcscnt
the iriteresls o f consulncrs:
(2) When a Markcling Committee is coartiru[cd for the first time, undcr this aci
all tllc mcmbers [herco f, including thc Chairman and the Vicc-Chairman,
shall bc noiminarcd by lhc Governmcnl.
1
I
(3) Evcry Marketing Cornmiltce shall have a Chairinan and a Vicc-Chajmsn;
(4) Without prcjudicc tu thc prsvisisr~ssf sub-scclion (2) the Chairman and the
Vice-Chair~~anshnll bc clcc~cclhy thc men~bersof the Markcting Committee.
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decision, h e decision s
dale of such modificatiurt.
32. Meetingsof
Executive a calendar month.
committee
33. Term of The members of the e
office pleasure of the Government.
members of
the Executive
committee
3.4. Appolotmenl ( 1 ) Thc Secretary of th
and functions Government from
af Secretaryof wih ten years of scrvice.
the lWnrl&ting
Committee '
(2) subjcct to the sup
commi ttce rcferrcd to in section 3 1, the Secreiary shell-
I
I
.. -
+ CHAPTER VI (.
Providcd that onc o f thcm shall bc a rncmbcr o f the schedule castes or other
backwarti cl3s5cs;
(h) two mclnbcrs 10 bc t l r c l c d in thc prescribed manner from the lraders and
coalniission sgcrlrs holding Iiccnces t o apcr;lre as such in thr market area;
(c) one mcmbcr lo he nnmiaa!cri by the (.invcrnmcnt from thc amongst thc
Prcsidcnl rrr Chairn~anuf f11rcooprat ivcl sociclics engaged in lhc busincss of
processing or m a r k c l i ~oi ~f thc n ~ t i f i c da~riculturcproducc ir. the markc1
area:
(d) one membcr l o br: ciu~scnin ~hc-prcscrihcd manner rroni Ihp local authority
wIt11in thC I ~ c i li~nilsrvliosc
~l jnrisdic!ion-ll~c principal markct in rclation to
tbst Markedng Committce i s situstcll:
(g) two n~embersto bc nclrninetcd by rhc Gc~vcrnmcntof whom nlrc shall represent
the iuterests or consumcrs:
(2) When a Markcting Comrnittec i s c~lr\sfituicdTor thc first timc, undcr this aci
all rtie mc~trbcrs~hercoi,including !hc Chainnan and the Vicc-Chairman,
shall bc noiminatcd hy rhc Gor~crnmcn~.
(4) \Viihout prcjudicc lo thu provisiclns elf sub-sccrion (2) [he Chairman and the
Vicc-Chairn:an shall hc elccted hy thc rncn~berso f thc Marketing Committce.
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37. Incorporation Every Marketing Committee including a Marker ing Cornmi lrec Lirr
of the (s) of National Importance shall be a body corporate and a 1
Marketing to bc ca,.;d by such name as the Government may, by nor!
Committee shall have perpetual succession and a common seal, with
such reskicboss as are jmpascd by or under his Act, to conk
Loid and dispose o i property, both movable and irnaovabl
said name sue or be sued.
311. Manner of The manner of election, prcparation and maintenance of the Iists of
election of qualifications and disqualifications for membership and of Chairman and Mce.
members of Chairman, the right to vote, making deposit and its forfeiture, determination
the Marketing of election disputes, publication of the names of the mcrnbers eIected, and o;,, -
Committee matters ancilIary thereto shall be such as may be prcscribed,
39. P'ailnre to If, for any reason, voters of a category fail to elect a mcmbcr to a
eIect Committee the Director shall publish a noricc tn the official Gazette requiring -. "
members them to elect the requisite number of mcrnbcrs within one month Irnm t&" ,
- date of pubIication of such notice; and an railure to elect the requisire number
of mcrnbers within the aforesaid period, thc Government may nominalc the. ,
43. Election of Witbin tbirty days of the publication of the names under section 40, the
Chairman and first mecling oftbe Markcting Commit(ee shall bc convened by the Director
ViceChairmsn for the election of thc Chairman and Vice-Chairman.
and procedure
for election Such a meeting shalI be pfesidedover by the nirector or any person authoriscd
by him in his behalf.
The presiding authority shall have thc same powers-as the Chairman, while
presiding ovcr a meeting of Lhe Marketing Committee, but shall not have the
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5 c. ;:,q-D!,y?n,;.y,.
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(6)' If !he first meeting referred to in sub-section (I) canabt, for &y reason, be
- held within the said period of thirty days, the Directdr shall report tba fact to
. the Government stating the T ~ B S O ~for
S the failme.to hold the meeting and
shau act according to the directions of G o v c k e n t issued in that behalf. - -
, , -; , .' . ; :. .. ::.-; .
The Chainam and Vici-~hajrmanshall nohuithstmding tho e x p i y df their
'
.upoathcuoffices:.
term of office, continue to hold office untiltbeir respective successors enter
.
.. - , , :1 - .
~ovidd that the ~ h a kor, thc Va-Chairman is thc w e may bc shall
vacate his ofice if he ceases to be a member of the Marketing Committee
. . - ,
- .
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dgneton ': (1) : The Chairma of the marketing co~mittccmay resign his o f i c e by writing
:l&rmas under his hand, addressed to-the Director; and resignation shall take effect,
Iiiiie-
. , ,
- h m the date on which it is
. accepted by the Director.
dr$ ;: 2: > : . - ' .
.. - .
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. :.: (2) the V i c e - C b a h p ofthe inarkcting commitlee g a y resign his off1qo by writing
.... ... .
, .
.- ,
.
,
.. .... -,
':.
;
,
---
, , ,
under his hand, addressed to the Chairman; sad the resignati~ns.hH &kc
:,. .. . '
-I_ 7 ,
ctTect &om the date on \vGch it is accepted by the Chairman. . - :., .
2
,w.
.,..-> .. . - : , - -
, ~ r o v i d e d the ~ t resignation
~ from the office of the Chainnaq .orthe Wce-
. ,. C h ' a i h d , as the case uiay be, shall not be deemed to be rtsigmtion from . .
, .
< . . . .' . membership of the Marketing Committee. .. .
.. '
.. . .
,
..- -
:,?-- ', - , .. , , ,
utqN- . l the rules made. in this behalf, ihe chairman of,,a Marketing
~ u b j e d to
-
'
ibienc'e0f.r ' - ' # Committee, who absents himself from three ctsnsccutive'meetings of the -
rftmah committee; *&out leave of the Director, shaII cease to be the Chairman on
...;.. ...-
,
-.
and fiom the date on which the thiid such meeting-is.held.,
:
-
:ho.utleave' - . .
,
... .
rnii- (1) In the event of a casual vacwicy'in ihc afiec of &&~hlirmanor the Vice-
:ancy,bf ' - ; . Chairman, the vacancy shall be filled as soon as possible- ,
., .; -
icrs of- . .
airman. (a) by nominatioi, in the case of a Marketing Gommiltce cop.itihlted far the fist
d Vice- time; and . .
: i
. , ,,, .
>, , : ;
: i ' 1
49. Resignation (1) A membcr of a Markcling Comrnittcc may resign his oCIice b
of members his hand, addressed to (he Chairman. The resignation shall t
and thc daic on which it is acceptcd by the Chairman.
nomination in
certain (2) If at any t,imc i t appears to [he Government that any Marketing Committee
by reason of the resignation of all or a rnajorily of the members .thereof,$
circumstances
unable to discl~argethe h c t i o n s cunfcrrcd or imposcd upon it by or under
this Act, the Government may, by notilicalion, nominatc persons from the ;;
respective catepov of members to rill Lhe vacancies of [he mcmbcrs who
have resigncd and h e persons so nominalcd shall hold oificc
of the tern o f rhc Marketing Cummiltee.
50. ~ e m o v n of
l The Govcrnmenr, may on a resolution passed by the Mar
members on supported by not less than sevcn mcmbers of that corn
account of member if hc has been held guilty of neglccl or miscondtr
mis-conduct his dutics or of any, dis~raccful conduct or has hcco
performing his dutics ss a r n ~ m b c ror hris bcen adjudgcd insolvc~lt:
Committee.
Provided that where the remainder of the period for which the Markcling .,.
Committee would have continued is less than six months, it shall not be. ,.
necessary to fill the vacancy for that pcriod, unless the Government directs
otherwise.
52. Mem bem to A Markcting Committee shall havc the powcr to Acr, notwithstanding any
Act during vncancy, vacancy in the mcmbcrship, or any dcfect in thc constitution thcrcof, and the
Actj of Marketing proccediogs of a marketing commitee shall bc valid not withstanding that some :
Committee not to person, who was not entitled to be a membcr, had attcndcd, voted or otherwise .
be invalidated by taken part in thc proceedings of any such commiltce.
infirmities
4-
0
I .
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the rnnners aforesaid, and, For his purpose, may exercise such p o m r s a
pcrforn~such duiics and d i s c h a r p such i'unctions as may be provided by
under rhis A d .
Cornmiller may-
p,:i-f\I:!
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I>i?Ltli- G r I Z E T T E . - --
ESTRAOKI~I\~
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.
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( v ) cancellingan auction if it is not heId in the prescncr: of the employees oi'
Lhc marketing cammitlcc.
(i) of such notified agricultural produce in (he marker in which all lrade
tbercin is to bc carried on exclusircIy by thc Govrrnrnen; by or undcr ally
lbw for Ihe lime being in forcc Tor that purpose, cr
jl) enforce tbe provisions of this Act and of the rules,regulalionsand byc-
laws made thereunder including the conditions of the licences granted,
under this Act;
(ql ~ a k arrangement
e for wciglunen pallcdars for weighing and transpor~ing
of goods in respcct of transacrions held :n the markc; yardsub-yard;
'Inspection of All accounts and othcr registers mainra:.~erlby any person in [lie ordinary
accounts etc. by cowsc of his business in rzspcct of any norilied agricul[trral producc and all
oficers of B document relaling ro salc and dcIivcrics of sucl~agricultural products in his
Marketing Committee possession and in his o f i c e , eslablishmcnt, godom, V C S S C ~or vchicle shall
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I. Seizure of
accounts
books, etc.
and or thc rules or regulations or the bye-Iaws made thereunder,or that any pe
conducting of has purchased any notified agricultural producc in conhavcntion of any o
provisions of Lhis Act, or rulcs or regulation or the byc-laws madc thereu
semrch -
thereof
.kxaminetion A t any time when so rzquircd by any officer or sen'ant of a market cornmitlc
of contents uf cnipbwcrcd by i t in this behalf, n'hcnever zny vehiclc, vessel or o t l ~ z
vehiclesctc.
aad their,
seiznre
orolber amount duc undcr this Act, in respect of such producc has not
been paid. Such seizure shall be rcportcd forthwith by Lhe oficcr or scrvant
aforesaid to a Magistrate having jurisdictinn to Lry the offencc undcr this
Act, and thc provisions orsection 457,458 and 459 of thc Codc or Criminal
Procedure, 1973 (2 of 1974) shall, so far ns may be, apply to rclalion to
the notified agricu\turaI produce seized as aforesaid as they apply in
relation to the property ssizcd by a policc oficer.
Removal of
encrocbment
rcvcnuc.
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I i
!
- --- . .-. - UtLlll CiAZETTE E.YTMORDINAWY
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---- 71
.-
i
Kxplona tion:- For rhc p q o s e s oflhis section; cncroachmen~shall also ini.1uJc
storing or exposing for sale any kind of agricultural produce at a place i n rlis
market 3srd a~:d subdyad rhc usc of whicb i s prskibited Ey the Markrtir~g
Comrni:tce i:v purpcses rnarks:ir!g.
I
, A M a r k e l i r ~Commitlee may cunstirute oneor wclrc sub-cclmlii~cescotlsis;r~tg
of s~~chnizmbcr; ~ i t ! l crllwnjlcce
e it may think 51 mil may, subjccr t o SIIC:~
rcurriciinos and conditions as may be specified ill the rcgulalions, dc!c.garc lo
such saS-como~ittccssuch of its pcwcrs .7r duties 3s i t may think li!;
Provided that a sdb-cfin~duittccmay, wvirh rhe approval of the Board or of rhc
ofliccr a::Ihr:riscd by ~ h bc a r d in this hchnl I+, c o - ~ p arry
l person 5% ho is ntir
member thc hfarkc~ivgCoiuiniucc.
of the
1. power (1) A Flirketing (lo,mniltcc dull. aulhorised b y i!,c Djrrcror by noiificaiion
Marketing published in thc Gfficial Gazette, for thc p q o s e , may, by an ordcr
Comrniitee l o open puhlishcd i n the OrticiaI Gaze-(te and in such ~ i h t manner
r as il dccrns f i ~ ,
collectios centres for !hz informatic3 of thc puhiic, operi col1c;linn celltres for collecting
for marketing ~f thereat the produce speciced in such order (hereinafter refcrred to as the
*I spe.::licJ ~;roiiucc).
specified produce
tr.2 pfl::..iuiaas for ( 2 ) If n pcrson wishcs 10 sell any specificd produce in a market area, he shall
receip! end tender all such produce at h e collcctioir ~cn:reaaly csubIishcd for the
paymeut b y p q o s c uhdcr sub--seetion(1):
purchaser
Provided lhat nlry :uch s p c c i i c d produce maj- be tcndercd lhrough n
commJssion agenl or 2nj' agency specificd by order by the Dircclor in [his
bchaiC;
(-7)Tb= Markcting Comrniticc sl!'sll,on the salc of such produce;gct it
wcighed, neasurcd or coun~cd,R S the casc may be, fbtthwith and arrar.gc
for h e isiue of a rcceipt thcreof lo the persan who bas lendered thc product:
at the collcction centre for sale, or, to the commission agcnt orany agency,
as tbe case may bc, and shall also arrange to supply a copy of the receipc to
thc p~lrchascr.
(4) Such rcceipt shall conlain the following particulars, that is lo say-
-
4--
(vii
(XI
respec 1 of the speci ficd produce;
(xi)
(xii
purchased by him.
(5)
under this Act.
'I-he purchaser shall on rccciving a copy of thc rcccipt, pay forlbwith theam&
ro bc paid by hirn that is to say thc sale vaIuc of the produce and the amount o
market fcc to thc commission agcnt or agcncy as the case may be in cash,
fit.Power to
- Icvy and
collcct nmounl durcrn~incdby thc G o v c r m e r i i by notification publid~cdin the ol'ficial-
markct fee Gazclte rronl cvcry purchaser oinolificd agricultural produce sold in a market -:j!
arca;
lcss ~ h a nnne mpce pcr one hundrcd rupccs o f rtlc sale price oC thc notilicd . '
agricullural produce.
Presumption
regatding salc
ofagricultural
produce
hlarket fee to No market fec shalIbe levicd and collcclcd in the samc market area again in ' ..
be collected
once only
Collection of
t From
n i ~ r k e Tee
commission aged
commission ngenr in thc manner hereinancr given, namely-
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(a) The market fee payable under this Act shall be paid by the commission agent
at such intervals as may be specified by the Marketing Committee in [he
bye-laws;
(c) Every comn~issionagcnt shall pay to the Marketing Committee in the mmncr
and at such intervals as spccificd in the byc-laws h e full amount of t l ~ cmarker
fee due from him under Act, according to the return refer to in thc clause (b)
and shall furnish the receipt showing payment alongwith such return;
(i) "turn-over of thc commission agcnt shall mean the aggregate amount of
saIe price of the notified agticul~ra1poduce during the period to which
the return relares, wvhcther actua!ly reccivcd 0:-no{;
(ii) "return" s::;I1 r,\ear; ~ h return
c in rhc ib.m as prcscribcd in the bye-laws
and accompanied by a receipt showing proof or full payment of the market fee
according to such return.
1kl~rsrnieot (I) If no return is furnished in respect of an;: pzriod by the specified dale, or if
! snrket
fee the Marketing Committee is not sulisficd that the rerurn furnished by
pynble by commission agcnt is correct or complete, an officcr of the Marketing
mmmission Comrnittec specifically autborised by i t ill this behaIi(hereinafttr rcfcrrcd lo
gent and as the assessing oficer) shall procccd in such manner, as may be prescribed
, .
p,ymeol
in the hyc-laws lo assess, lo LI:c best of his judgement, thc amount of market
tce duc from such cummissinn agcnt:
Provided that bcfore linalisliing any such asscssment, the commission agent
concerncd will be given a resonable opportunity af showing cause as to why
Ihc assessment should not be finaliscd.
( 2 ) The amount of Ihc market fee assessed undcr sub-section ( l ) , l e s s than sum, if
any, already paid, shall be paid by the commission agent within fifteen days
from the date of the rcccipt of thc assessment order by him.
(3) I i any commission agent fails to pay the amount ofmarkci fee as rcquircd by
sub-seclion (2), he shall, in addition to market fee due, be liable to pay simple
, interest an thc amount so duc at two perccnt per month from thc datc
immediately following the Iasl dale for submission of return under clause(b)
of section 65, upto the datc of assessment undcr sub-section ( 1 ) and at theratc
of three pcrccnt per month thereafter till reaIization.
I
dppeal by (1) Any commission agent aggrieved by ,any order of the assessing oficer under
tommission section 66 may appeal to the Director, in the manner prescribed, within lhirty
'gent against days of the receipt ofsuch order by the commission agc.n:pt.
messment of
market fee. (2) The Director may pass order on an appeal referred to in sub-section (I),-
(b) selling aside rhe asscssmcnt and directing the assessment officer to mnkc
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68. Order of
appellate
authority is final commitlce,
6% Liability to
pay market
. fcebyaflrm, shall be joinily and severably ljabIe for such paymenl;
etc.
!hc date of his retircrntnt in the Mdrkclihg Commiitct by a notice in
bchal f in w i f i n g wtd shali be Iiablc to pay the make( fcc remaining unpai
the rimc of his retiremcnt and any maskel ice due uplo the date 61
rrtiremcnl thauzh unasscsscd on that dale:
the market fcc payable under this Act, by such firm, associarion or Family
upto the dare of such discontinuance may be asscsscd as if rio suchh
dIsconlinuance had takcn place; and
the pravisiona of this act, shall, so far a3 m'aybt, apply to such legal
representative' or other person as if he were the trader or commission agent
after his death, his lega1,representativt shall be liable to pay, out of the estate
_.....
\;:&-,
. of the deceased, to the extent estate is capable of meeting, the amount of the
:,,;;,t '-:
market fee due fiom the deceased whether such markct fee has been assessed
,-
<<.. , . -before or after his death but has remained unpaid.
.-
. .: .
;
.. ;,
. ..
. -. . .. .. . , . .
.$'-.
?,.:; c,.: , . , ,,: . : I . . .Explanation:- For h e purpose of this sub-section "legal representative" has
.
.6;.-' . . . .:.. -.5.i
. the'medng assigned to it in dause (ii) of section 2 of tbe Code of Civil
,- !,-I - - - . , Procedure, 1904 (5 of 190B)i
' .
. .. ..
's.'
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.,
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.. ,. . . ., . >.
,
. .-. . . .
. .
:. .
, ,- . , m
,, - , (2) A Marketing Committee may,With the previous approval of Ihc Board, obtain
:.
;-: .
., .
.. -
loans from hq o.her marketing committees on such donditiov, as may be.
specified by the Board.
..
..
m -
$2
,
I , , .-4::
.' -
. .. . e ; : :. .
.
' , ' : .
. . J-?,.--.,.
4.- . ,.
,-_
L... ' ,.
" ,
, I .
-.
.i
- w: .
- (3) ,
A Marketing Committee shall graht loan 'ld another ~ & k e d Committe,
n~ if
. so directed bj.the Board, for carrying out tbt purposes of the Act,
1. !$'-
.
-., . . ., . , ' -. .. ,. : .'.: ..--;..- . . ;. ... .+
9;. ;,. ,:i,:!,?
,!!h.
, . .I.'
- , - - -
IJ;Becutioa
p: of 1 Evory conkact entcred into,b i , a ' ~ a r k e t i ~drdmitttk
n~ shall be in writing and
--tontract'-' . shall be signed on its behalf by
. -'. . . . .
the Secretary.
'. .: " . :-
. .
,I.
'.
!;;;-!: . . . ' ..
: (2: ;
>4: .
;,\,
..: .... ..lll -: ( 2 ) . :,No
i - - < !
.. -. in sub-section (1)
, 4
-
'
- :F.
, . :: shail be binding 61itht ~arketini)l~&iiiii~tee:
,$:
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i.
-
- ,:;!,:fi:!? : > : . - y -,:.. , . , . 4 , .., ! .'!!2 :'<* , .-.
- :-
- 0
;d.& ,.T
Con?hlGir
r d g .~...:i h...d : ~..Controller
.,...,..
of weight
:
,, . .
,..
. refetrtd to'fhe ~o&oll&'a~~di+.dmilk thbrAcc-h d the decision of the'.
shall, subject to'the p&sions of sub:secti&...(2), be final.
. -- .. . . . . . . . . . ,2.!y.:.!,,.- ,; ,..
'
measqru. (2) An appeal shall I]=, iiithinsici tima Gd:iii sudh a-er as may be
. . ;
... . .,,,..
. : - ".
case be, &all bc final. -
' 1
.>
'
. ,
. ;. . -
:. ..
. . .
,
.'.I . ' ",
-.
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76- --
DE[.H( G hZE7TE
' . EXTRAOqITARY
CHAPTER-VIII
OFFICERS AND SERVANTS OF BOARD AND MARKETING COMMITTEES
, Ji
75. C o n ~ t l l ~ t i d n (1 ) There shall be service-functionwise1 branch wise to be called the u ~ t ~
of Marketing AmculWal Marketing Service" (hereinafter rcferrcd to ms " h e MarkcN
Service Service") common to all rhe Marketing Committees and the Board forth
purpose ofproviding oficers or staff of a11 ranks as may be necessary for h:
performance of their respective fmclion.
Every officerand other employee serving thc Uoard or a Marketlag Com~&-;
prior to the constituiioa of the Marketing Service, shaIl continue to bold 06-
by the same tcnure and on the same remuneration and on the s a m e terns
condition of service as he is holding on the dale of commencement of G~,:;
Act, except wherc such tenurc, remuneration and terms and conditions :
altered by the Board, wilh the prior approval of the Government:
Provided &at the tenurc, remuneration and tcms and conditiatl of serviceof.,:.
my such officer or employec shall not bc altered to his disadvnncage '~;ithout.:i'
the previous approval of the Gavcmruent.
76- Power of the . ( I ) The Board may make regulations to provide for any one or more, of the ;
Board to make following matters, namely:-
regulations a bout
cbnditiona of (a) the tenure of ofice, salaries, and aIIowances, provident fund, pension, :,
service gratuities, leave of absence and other conditions of service of oacers and :'
empioyees appointed in the Marketing Service and othcr staff. . .
:-
(b) the gulihiatioa of rmdidntes for vaious posts and the mamer a f stIection
for appointment thereto. . ,-.,
(d) any other matter which is incidental to or necessary for, rhc putpbse of .
regdating the appointment and conditions of scrvice of pcrsons appolr~iedto
semices m d posts under the Board or under a Market Committee and any
-1
othcr matter for which, in the opinion of the Board, provision should
bc made by regulation.
-
77.Liability for A member of the Mnrkcting Service shall be liable to be transferred to the
transfer Board or to any Marketing Committee or from one coolrnirtce to another
committee or any staff member from the office of Board to any markot
committee or any Marketing Committee to &e Baud against the comparable
post by the Vicc-Chairman of the Board as laid down in the regulalions.
78- F~actionsof ( I ) Evcry Marketing Committee (except the Marketing Committee or national
Secretery of Ihe impomce) sbali havc a Secretaty to be appointed by the Vice-Chajman of
Marketlug the -Board to the extent of fifty percent of the post from amongst the pard
Committee provided by thc Goverament, of the Union Territory Civil Service officers
with at least five years of service and fifty pcrceni of the pmt sholl be filjcd
up by promotion from amongst the oaccrs of the fetdcr cadre, rhnt is lo say,
the o f i c c r belonging to the Marketing Service after having qualified in a
d e p m e n t a l examination to be conduc~edby the Dire~toratc of linion
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LatestLaws.com
I
1 p,,g~d\[L.- - -
DELHI GAZETIE : EXTRAORDIHAflY
- 71
. - -
Territory Civil Service,Delhi inconsultation with Lhe Director. All olher posts
in tlie Marketing Service of the rank of Deputy Secretary in the exisling pay
scale of Rs. 6500-10500 and above, shall be filled in by promotion horn the
officers who qualie the aforesaid departmental examination.
(2) The S e c r e w shall be the executive officer ofthe committee and the custodian
of all the records and properlies of rhe mmketing committee and shall exercise
and perform thc following powers and duties, in addition to such other duties
as may be imposed on him by this Act, the rules or bye-l~wsmade thereunder.
nameIy:-
(iii) to take action to implement lhc rcsolution of the commiltce and o f the sub-
committee and report progress in implementing such resolu~ionsto the
commil~ceor the sub-commitlee, as the case h a y be, as soon as possible;
(v) to furnish to the Govcmment, Direelor, markcting commitrcc and the Board
such returns, statements, estimates, slatisrics, and reports as may be required
or called by them from Limo to time including reports-
(a) rcgarding the fines and penalties levied or any other action taken against thc
market functionarips and others;
(b) regarding conlravention ofihe provision of the Act, the rules, the regulations,
the byc-Iaws or ihc standing orders by any person;
(d) regarding administration of the markcting cornrniltec and regulation of' thc
marketing;
( v i ) to produce bcforc the commitiee or the sub-committce, as the casc may bc,
such documents, books, rcgisters, and thc like,.as may be necessary for !hc
transaction of the busincss of the committee or the sub-commillec, and also
whenever called upon by the market committee so to do;
(vii) to exercise supervision and conbol ovcr the act of all officers and sewantsof
the committce;
(viii) to collect fee and other moneys IeviaMe by or due to the market cornnlit~ee;
,gttlslionof (1) subject to he provisions of this section and o f the rules providing for regulating I
hketing of h e marketing of agricultural produce in any place in the market area, no I
ric~lt~ral pcrson shall, on or after the date on which an area is declared under sub-
odl~ce section(1) of section 4 to bc a market area, without, or otherwise than in
conformity with the terms and conditions of, a licence granted by-
(2) Nothing sub-section ( I ) shall apply to thc rctaii sale by an agriculturist of his
own produce.
3 ) All comrnodirics of notified agricullural producc brought inlo the market arc
a for marketing sllall be brought into a market specified for such producc and
shall not, subjccl to the provisions of the byc-laws, be sold nt any othcr place
outside such market. All transactions/salcs in ~ h notified.
c principal yard and
sub-yard sllall be ~hrougl~ open auction only.
.
rnt or 1j Suhjccl lo rulcs made in this behalf, a marketing comrni tlee may, after making
nce such inquirics as it deems fit, grant or rcnew 3 licence for the use of any place
in ihc market yardarea [or [her markcting of agricultural producc or for
opcraling lhcrein as a trader, commissiun agen, broker,processor, wcighman.
mcasurcr, surveyor, warchouscman or in any olher capacity in rclaiion Lo l l ~ c
markcling of agriculrural produce or may. aflcr recording reasons in wiling,
refuse to grant or rcnew any such licence:
(a) shall be in such Porn, valid for such period, and subjeci to such terms,
conditions, restrictions and limitations as may be prescribed;
(ii) places at which weighment and delivery of agricultural produce shall be madc
inany market or market area andon payment ofsuchfeesasmay beprescribed.
(3) If h e marketing committee or the Direetor,as the case may bc. rails to grant
or renew a licence within a pcriod of sixty days fiom the dale 01-rcccipl of an
application in that behalf, it shall be decmed that the liccnce hi:: hecn granlcd
or rcnewcd, as the case may bc, i f such grant or rencwal 1135 nut hccn refuscd
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81. Power to Subject to the provisions of sub-section (3), a marketing cornmiflee may,
cancel or reasons to bc recorded in writing, suspend or cancel a licence granted
suspend r e n e w 4 under h i s Chapter,-
licence.
his discharge; or
if the holder of the licence is convicted his discharge; or
proposed action.
(3) Any party, aggrieved by the decision of the arbitrator or the sub-co~nnti:rr.c,
as the case be, may prefcr an appcal from such decision to the Doard wiilijn
such time and in such manner as may bc prescribed.
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CHAPTER-X
DEVELOPlMENT FUND A N D MARKET F
, Congtitutioa (I) All moneys fccuived by thc Board shall be credited into a fund to be called
of market Markel Development Fund.
Development
(2) No expcndilure from the Market Development Fund shall be defrayed unle
Fund
y the campeient authority. The Market Development F~~
i t is sanctioned b
shall be operaled in thc manner as may bc prescribed In thc rules.
(vii) giving aid lo financially weak markcting committee in the shape 01 grant or
aid or both;
I- I E -
p .
/-- -
, I -- . -- _IIEI-HI T; :/E. .
._
EXf~RrZO1<I)IN.'II:?'
. .
. .-
- ----
-_--..- .. - - - - --- - --- -- -- - -
s
. .. .
...
$5. Accolln ts to The accounts of all receipts and c r p e a d l : : ~ ;~ i. ~:i!c !::lard and o f cil, 11
be kept rnarkctirlg commilree sllall he k ~ j r tin such mn1lr.i:; ;.lid irl scc.11 Fc~r!nas 111 :):
bc prcscribcd by regulation.
1. Audit or (1) The account of the Bcr:ird and [he markcrifig ~ij::!nariecsh.111 bc ait::itcd 5:- a
riccounis. person or pcrsorls aut horiscd by the Dircclcr.
(c) invcsrigations into and vcrificaiion of thc ci rcr~mslnnccsand rcasolls fur [he
variation betwccn rhc budgct eslintatcs an3 actual expcuditure;
(3) The Vice-Chairman or any other officer of the Board ar ihc hf-larkctiqig
Committee, as the case may be, shall furnish lo the pcrson auditing Ihc accolj.iI~
a11 such information ns io any transaction and working of h e Board or ihc
Marketing Committec as the case may be, as such person may mquirc.
(4) The audit fee, as may be detcmincd by rhe Director. shall be paid by rhc
Bo~xdor Ule Marketing Cornrnittec,.asthe caw meg be, in the manner spec1 1 ,.;
b y h i s i i . Y-TII~IIS.
B8-Constitution 88. ( 1 ) A11 fecs and other moneys reccivcd by a Markelifis Commilicc under this . \ ~ t ,
o r Mnrkel Fund, all s u m s rcalised by way ofpcnal~y(othencisc than by way of tine in a ctimi#;.Il
its custody and case), all loans miscd Ily ~bc:ccrtmiitee, and , 1 1 1 p c m l s , loans or contribut i d l f i i
investment. made by the Go\.cmmcnt to (he conunictee, sh:~llirom part of a fund to hc
called the 'Matkc! Fund'.
LatestLaws.com
AppUcaCion
of Market
Fund
(xvii) prevention, in conjucdon with other agencies, State, Union Tcmtoxy, CenUaI
and others in relation to distress sale of agricultural produce;
(a) to the Board, as contribution, such percentage of ita income derived from the
licence fee, markct fee, frnes received as specified below, to enable the Board
to defiay its cxpenscs on office establishment and other expenses incurred by
it in thc intercst of the marketing committee generally,-
(i) lfthe annual income of s marketing committee does not exceed ten thousand
rupees, lcn-percent.
(ii) if the annual income of a mnrkethg committee exceeds ten thousand rupees
but docs not exceed fifletn thousand rupees, on tbe first Rs. 10.000 ten pecent.
...
on the next five thousand rupets or part thereof. fifteen percent.
(iii) if the annual income of a marketing committee exceeds fifteen thousand rupces,
on the frrst
Rs. 10,000 .. Ten percent
on the next Rs.5,000 .. FiAeen percent
on the remaining income.. Twenty pcrcant
@) to thc Govemment, the cost of any special or additional staff employed by the
Government, in consultation with the marketing committee, for giving effect
tu the provisions of this Act in the market area.
(3) The Govemment shall determine the cost of the special or additional staff
referredto in clause @) ofsubsection(2) md shall, d e t e the staff is emptoyed
for tho purposes of more than one marketing committee, apportion such cost
among the marketing commitlccs concerned in such manner as it thinks fit
and the decision of the Govmunent determining Ibe m o u n t payeble by any
marketing committee shall be fmal.
.ket Fund All moneys payable to the credit of the Market Fund and all other moneys
t kept in bank received by a marketing committee shall bc kept in a bank or banks as may be
approved by special or general order issued by he Director.
LatestLaws.com
86
-- -
CHAPTER -XI
BUDGET AND ACCOUNTS
94. ~ c c o a a t s
to Every marketing committee shall kee
be kept receipts and expenditure in s u c h m a ~ c
I .
CHAPTER-XI1
CO NTRO I.
1- Cuiy of (!) Whtr! ~ ; I Ci:ccollnt+ znd vllicc.; O F 3 rusrkcli:?!: conrmitlce are i ~ c j n gir~spcclcd.
offilicz;.~, scrvnnts or 111;; afC?irs ol'sucll a cumr~;ilrcci..rc Ilciilg rcqifircd inlo uodcr scc!ion 945 c.F
and ~numlrrrso f {hi: procr:\:ding?:rrf .inch cr~n~rnilizc :I'C Ircirlk exilmincd :iildcr scc tion 39, a ! !
(a) the s m n l ~ n i ~:legd c u r ~ i c i r l gi!rc attrni)a;~ccuf iluy cfG1:cr. scnliln; <I[ mi::~!,:r
oft4c klarscfiug Cc-m:ni~!cl: r,nd exan:inir,? him on c:rltll;
gg, Seizure of
account books
and other
39. Power9 of
the Director to call
for of
markettng
committees and to
. ..,.thereon
pass order
101). ~0ntro.iby . :
the Board
of .. :.. .
. -
marketing
committea
Whtrd more than one Marketing Committee are established in any market
area under sub-section (I), the Government may, nohvjthstaoding myUung to ,
all the assets of the commitlee shall vest in the Gov-ent and the Government
shall be liable for all legally enforceable liabiIities of the committee, subsisting
on the date of superstsgion, (O the extent of the said assests.
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, ... . ,
(d) 1tde 8swu of lhc ccmmitcc ohdl v ~ sin l the Govcrmcal and the Govemmcnt ,
.. _ . ... ..
' , I . , . ' -
I' . .,
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-
.;,<,-,
i.::-
.- -. .
. . , +-:
4
- 1 ' . -
Provided &it-
. :.,. (a) no action for the recovery shall be !&en if the !ow,wastage, misappropriation "I -,, .. ,;:
or misapplication
. -
bad taken place before the expj. of a period of four years; 1,- I
.. ,. .. -., (b) in computing the period offour years, the p-eriodduring which any enquiry or, .
.
I
.
., .
.' investigation.wasmade 6y tho Board or tbc proceedigs~wemstayed or the
.. - period during:which any eppeal'sgainst-the order: for making good the.-.
,,-,;
.
, .
- .
: <:::Ti, ': l o s s , u e d pending, hll be excluded;: ;. . .:. . .
-.
, . ..
.-. . .L . :.I - 7 ' . .
- . .,;. . <--, . . - :. . ,
. . ..
*.:; !, - 1 -
Chairin&( !. . . . - * . Tho Chairman,. (hc vice-~hainnan'thc members; the Sesrehry And thc
f - Bokrd -
t t ~ , othe - otheroffic,crsand .sewan&of .heBoard and the Chairman, Vicc-Chairman,
~ n the
d marketing m e m h , Secretary and other o 5 c e r s and servants of a Marketing Committee
tommti.kttqe to. be .
shall be deemed to be public servants within the meeling of section 2 1 of the
public
..-..aqSants. hdi~PenalCode;1806(45of1860).- - . .. , .
I ..;, - ,. . ? ,.,-, ,, - .;!< .. . .
Bar of k n i t -(I). NO siit or other log.^ pmccc;lin~MIbd inwcitutod i g r h t tbc ~ o u odr any .'
-j ;,',jiI$~:'
. ?' 1..
;2 J
In the'ibii'eaie ' Marketing Committee or any member, officq or servgrut thereof or any person ,:
of notlce. '- ,!
acting under the k c t i o n of the Board, any Marketing Committee, member, :, ! !!,ii
.:I..ji.,-
officer or seivant for an-g done or purported to be done in goqd faih as :' ; 'j. 12
' !: ,j:!k,!,
such m e m k , officer,'or savant under this Act, until the expiration of two
2
: ;!if$
... ,:I t .
~ 0 n t h anext after notice in writing, statmg the cause of action,the nama and t.,
3;
I -6
place of msidenw of tho intending plaintiff and rhp relief which be claims, i::
;? ,, .;;3!:;::,,:'
,;
, -,,!i:;
has boon, in thecase of the Board or Marketing Complittees, delivered or ieff ,:,
!? '
at its bsfica, and idthe cab0 of any such member, offibr, servant or p&on as ,!,: \I!- 4 i
J..'
4 .
:, \- i
,
.:i
aioresiid,'delivertdto him or Iefi at his ofice or usual plicc of rtsidenca, md' ;! ',
I' 1 :
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I' provisionaof.
wilfdiy neglects or refuses to furnish any information; or
IQ& General
provision of
. punishment of elsewhm in this Act or in the d c s or bye-laws, be punishable with Cine':
offence which may extent to hue thousand rupees.
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112.Wa1 of (1) No offence under this Act, or any m l i or regulation or bye-laws made
offences. thereunder, shall be tried by a court inferior to the c o w of a Mebopolitaa
Ma@ trate.
others.
. I
, '
<
,. .
. . . , -.
114. Power of
Goverament to . '
.
delegate powers;. . .
.
. -.
1 IS. Power to
exempt the Board
or Marketing .
Cornmiltee tte. from shall apply lo the Board or any Marketing Committee or any cIass of persons .
. of. the Act. with such modifications, not affectiag the substaace thereof, as may be ..
provisiaas
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1 ~.--~I-- , l\.i
.--
-,: -
DELH I GAZETTE : EXTRAORDINARY
specified in h a t order.
-- - ---- -- 93
-<-a
(2) AH orders made under sub-section ( I ] shall be laid,as soon as may be,afier
they are made, before the Legislative Asscmbly of Delhi.
I (3) Thc Governmen[ may, by general or special order, published in the official
Gazette, direct hat ahy rule, reguialidn or bye-laws made under 1bisAct shall
apply to the Board or any Marketing Committee or any class of persons with
such modifications, not affecting the substance thereof, as may be specified
in that order.
(b) qualifications which the represenlativcs of Waders shall possess under clausc
(b) of sub-section ( I ) of scction 36;
(c) the manner in which the members of a Marketing Comrnittcc may be elected
under scction 38, including all matters incidental to such eleclion;
(d) lhc rerm of office and other conditions of service of Chairman or Vice-
Chairman of the Marketing Commitlee under section 44 and 46;
(h) the manncr in which and thc lime within which an appeal may be filed under
sub-scclion ( 2 ) of section 74 or sub-scclion ( 2 ) ofsection 123;
(i) the form of licence and the terms and conditions subjcct to which a licence
niay be grantcd or renewed, including the fces to be paid in respect of such
liccnce, under scction 80;
('j) ~ h c!Lcs payable in connect ion with the weighman and delivery ofagricul tural
produce under scclion
(k) thc nlanncr in which an appeal may be filed under sub-section(1) of section
82 :
-
(m) the manner in which the amaunt to the credit of the Market Development
. . .
,
"
,
.
(p) the manner in which payment kom 8e.Market Development Fund of Market
Fund shall be mada, its account shall be kept ,oraudited cir,rcaudited, budgel
estimates of income and expenditiue shall be made and annual adminisbative
(3)
-.
Any d e made unde~this section may provide that i f purchaser fails to make
the payment forthwith EEI required by sukcti&i(6) ofsixtion 61, he shdI be
Iiable to pay interest from the date of sale to the date of payment as such rate I .
not being in excess of the maximum rate of interest h c d for unsccufcdloans .
by bankinginstitutions Ifpaj:=ent isnot made-within thirtydays fromthe
, -
LatestLaws.com
p,a1
/
IVI -
DELHl GAZETIT - EXlRAORDINARy ' 1 s
such regulationsmny provide for sll or my or the foilohbg maan-
(a) the method ofrecruitment, the scale ofpay and other condidom of service of
employees of the Board and Marketing Committee;
(c) delegation of duties and powers of the Board to its Vice-Cbaiman m any
other officer employed by it;
(dl delegation of duties and powers of the Marketing Committees m its sub-
c u d ttees;
8. Power of (1) Subject to the provisions o f this Act. and the rules made thereunder, a
Marketing Marketing Committee may, in respect of a market area under its managcmcnt,
Committee to make bye-laws for-
make bye-Iaws
(i) detemining the quantity of agricultural produce which may be considered as
retail sale for the purposes of tbe Act and and t h e rules made tbereundcr;
(ii) theregulation~fthebusincssofIhemarketing
committee,includingmec~ings,
quorum and procedure;
(vi) Lhe provisions for Lhe persons and the i m in which copits of the documcnt
and entries in the books of the Marketing Committee may be certified nnd
charges to be levied for the supply of such copies and inspection of such
documents and books of account for the putposcs of any proceedings under
Lhe Act, Rules and regulation;
(vi) the m m r in which the sales are ef'fected in a market and maintenance and
issue of invoices and other vouchers connecled with the sale and the forms in
which such invoices, bills, cash-memos shall be issued by the traders,
commission agents, brokers or other market fuoetionarics operating in rhc
market;
(vii) any other matter for which the bye-laws are to be made under this Act or it
may be necessary to M e bye-laws for cffectivcly implementing the provisions
of Lbis Act, and the rules made thereundcr in the market area.
(2) No bye-laws under sub-section ( I ) shall take effect until it has been approved
by the Board and published in the oficial Gazette.
(3) In making any bye-law, the Marketing Committee may direct Lhal the penalty
LatestLaws.com
. .
, :- t .. - :
The Marketing Committee may, within thirty days fmm tho data of i$s'kii
of -
the cedfitd copy, referred to izr thepub-section (5) appe'al ag- &l?B?gd;ti:
to the Government whose decision thereon shall be fma1 and binding.upnihe'
Markethg Committee.
OSciaI Guettt. . m
8 Power of
rmsnd Schedule,
Pawar of. Whanever it is found that any amount due- to the board or n Marketing
Committee is irrecoverable or should be remitted, or whenever any loss ofthe
'
d i e off
irkcoverable '
lees e.. t ~ .. ..
..
..
,
.. .
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...
DELBI GAZE^ : E X T R A ~ ~ I N M Y
9 .
I
- -
ikr fo i 1) With lhc prcvious approval of the Director, the Secretary of a Marketing
,pound Committee or any other officers authorised by the Dircctor in this behalf, may
.DCCS.
accept from any person against whom a reasonable suspicion exists that bc
bas committed an offence under r h i s Act or my d e s , regulations or bye-iaws
made thereunder, a s u m of money by way of composition for such offence.
(2) Notwithstanding anything contained in any other law for lhe time being in
force, on the payment of such amount of money to t6e Marketing Committee,
the suspected person, if in custody, shall be discharged and no furiacr
proceedings shall be taken against such person.
~ e tor ( I ) A Marketing Committee or its secretary shall have thc power, LO impose by
, .- . order, a penalty not exceeding five rhousand rupees on any rnwket functionary
or agriculturist or purchaser for the coatraven~ionofany bye-law, aficr giving
rnmittoeand
the person cun~errreda reasonable opportunity of being heard.
retary to
pose
( 2 ) An appeai against an order undcr sub-section ( I ) shall lie lo the Vice-Chairman
malties. of the Board: within such time and in such m m e r as may 5r: prescrjbcd.
!peal aud (!) The Delhi Agriculhrral Markeijng (Regulation) A c t , J976 (87 of 1976)
~viag (hereinafter refemd to as the said Act) is hereby repealed;
Provided that such repeal shall not affect ihc previous operatian of the
enactment aforesaid and anything done or any action a:cn (including any
appointment, delegation or declaration made, noti15carion, order, rule.
regulation,direchon ar notice issiied,byc-law framed, marketing mrnmitte~
'
esiablishcd, licencesgranted,fees levied and collected, insimmenis executed,
any f w d established or constituted) by or under the provisions of the said Act
shall in so far it is not inconsistent with h c provisions of this Act, be deemed
t o have bccn done or taken under the corresponding provisions of this Act,
and shall continue in force unless and until superseded by 8nytbmg done or
any aclion taken under tbis Act,
(2) Anyareaorplacedeclaredtobeam~ketareaoratlyplact:ormarkeidcclared
to bc a markct under the enachent so repealed shall, on the commenccmer~t
of this Act, be deemed to be the merket arca or markct declarcd under this
Act; the Marketing Committee constituted for the said market area and
funclioning immediately prior to such commencement shdI be deemed,
notwithstanding a n m g containedin this Act, to be Ihe Marketing commin~e
constituted under this Act for such market area, and where it is so declared or
notified, aIso for the agrisultuml produce specified in the declaration or
notification; and all the members of such Marketing Committee shall be
deemed to be atmbers nominated by the Government under sub-scctioa. 12)
of section 36.
125. P o w e ~to
remove
difficulty
LatestLaws.com
L
C
. ,'
. .
'
111. Cettle feeds-
.:- - I. Guwar. .
' .-..
' -.-.
tp; ..
:c$'..
.a; 2. Punvad. .- .
..L
7 c '-
.+,
..,v:
,, h l , IV. ' - Cereals- .
..,-. *. ..
- .>.,.,.
!
I . Bajra.
', - . '
2. BarIey.
3. 1nferior milItts,iorexample,sd,kodra Kangni tlc.
4. Jowar.
5. Maize. , .
6. Oats.
7. Paddy (husked and unhusked).
8. Wheat (hwktd and unhusked).
14. Sod.
15. Turmeric.
16.
17. Hing ( N a e t i d a ) . '
18. Tulsi(I3asil) .
19. Tejpatta (Bay lcafl.
20. Ajwain (Bishop's seed).
21. Jaiphd (Nutmeg).
22. Posta (Poppy seed). -
23. Pippcmht.
24. Kesar ( Safhn).
25. Imli (Tamerind).
LatestLaws.com
VI. Fibres-
1. Catton (ginned and mginned)
2. Sunhemp.
Fruits.
1. Almodi (Green).
2. Apples.
3. Banmi.
' 4. Chmy. -
5. Chickoo.
. 6. Fig.
7. Grapes.
8. Guava.
9. u m i .
10. Leechi.,
11. L e m o n
12. Mdta
13. Mmgo. ---
.. 8
14. pelon.
15. Mosimbi.
- 16: Papaya.
17. Peaches- - . .,
IS. P&.
. 19. PIums:
20. P o m c ~ t .
21. SantralOrmge. ,
22. Strawberry.
23. Watermelons.. ' , .
24. Coconut. , .. .
25. Ber
26. Pine-apple.
27. Shadfa (curard apple)
28. Phalsa.
29. Apricot ( K h h ~ m i ) .
30. Japani Phal. -
3 1. Jammun (Black berry).
32. Chakoua.
33. Loquat.
34. Mdbeny.
3 5 , Sugar-Cane.
36. Belgiri.
37. Water Chestnut
38. Gulgul , , ,
39. K h i . ' m .
47. Kiwi.
- 48. Kinoo.
49. Raspberry.
- 50. Singhafa.
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XII. Pcxic-tilmc-
I. Fish
Xlil il?l!sts.
1 , Arhsr.
2. j3,:.m:.
3. Cir~m.
4. G u m .
5 . ;~ls,h.
u. hizsur.
7 . ?dab.
- 8. Mung.
9. Pczs.
10, Ijrad.
Vugc~ables-
1, k v i and A r v I P;:lta.
2. C,hots- all types.
3 . Ocumbcr-all [ypcs.
4. Gobhi-all 1)pes.
5 . Kachalu.
6. Lcafy and frcsh vcgelables.
7. Onion
8. Pcas-a11 Lyprs.
9. Potaloes.
10. Tomatoes.
11. Swcel Potatoes.
12. Brinjal.
13, Gourd all types.
14. Lady Finger.
15. HaIva Kaddu.
16. Ghia'lbri. ,
17. Frassbjn.
IS. Dnthua.
19. Sarson Lcavcs.
10. Grcen L.obia.
21. Spinach.
21. Turnip.
23. Rxdish.
2 4 . Tinda-all types.
LatestLaws.com
2 . [)ELHI G A Z m E :EmORDINhRU -
--
25. Kathel.
26. lamikand.
27. Green M d .
28. Moist chilli
29. Katela- all types.
30. Pumpkin
31. Tamarind
32. Chukandcr.
33. Moist ChiUi.
34. Mait. '
35. Garlic
36. Chirchlpda'
37. Tori-All lrlnds.
38. P a r d . ,
39. K d k&i.
40. Goose b m y (karonda)
41. Mushroom
42. Green Corrianda.
43.. A d a .
44. Singri.
45. Ttent.
46. L t h s u
47. Karamhda(Km&).
48. Yam (Patetow).
49. Salad (hthua).
50. Beans (All kids).
51. Green Thmcn'c.
52. Drum deb.
53. Kachnar kt Phool
54. Kakora ..
55. Karanda
56. Capsicum.
57. Soya {Grccn)
58. Amrah. -
59. Lanku -
60. Kundra.
61. Phuee.
62. Kulfa
63. Cholai.
64. Bankla -
65. Cholia
66. Singhi. .-
67. Sonjna ke Phool
68. Bmdhra . .
XV. Ilortidture-
. I . Flowers, Clrt Flowers and Potted Plants.
. . ,