Chapter IV Chapter IV

CONDUCT OF BUSINESS AND POWERS AND DUTIES OF CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY AND MARKET COMMITTEE

1. (1) Without prejudice to the powers conferred under any other provision of this Act , the Chairperson of the Market Committee shall be the chief controlling and supervising officer of the Market Committee.
2. (2) The Chairperson shall-
   • (a) preside over the meetings of the Market Committee and the sub-committees and conduct business of such meetings;
   • (b) watch over the financial, developmental and executive administration;
   • (c) in case of emergency, direct the execution of stoppage of any work or the doing of any act which requires the sanction of the Market Committee.

The Vice -Chairperson of the Market Committee shall-

1. (a) save as otherwise provided in this Act or the Rules, in the absence of Chairperson, preside over the meeting of the Market Committee;
2. (b) exercise the powers and perform the duties of the Chairperson pending the election of the Chairperson or during the absence of the Chairperson.

The Market Committee shall meet for the transaction of its business at least once in

every three months on such date and at such time, as the Chairperson may

determine:

Quorum and procedure at meeting One-third of the total number of Members of Market Committee shall form a quorum for

transacting the business at a meeting of the committee.

Powers and duties of the Market Committee

1. (1) Subject to the provisions of this Act, it shall be the duty of the Market Committee-
   • (i) To implement the provisions of this Act, the Rules and the Bye-laws made

thereunder in the principal market yard, sub-market yard market sub-

yards.

1. (ii) To provide such facilities for marketing of notified agricultural produce including

livestock therein as the Director/Managing Director or the State Government

may from time to time direct.

1. (iii) To perform such other acts as may be required in relation to the superintendence, direction and control of principal market yard, sub-market

yard market sub-yard( s) or for facilitating marketing of notified

agricultural produce including livestock therein, and for the purposes connected with the matters aforesaid, and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act.

1. (iv) To do all such other acts to bring about complete transparency in pricing system and transactions taking place in the principal market yard, sub-market yard market sub-yard .

1. (2) Without prejudice to the generality of the forgoing provisions, Market Committee shall -
   • (i) maintain and manage the principal market yard, sub-market yards and market sub-yards within the delineated market area;
   • (ii) provide the necessary facilities for the marketing of notified agricultural produce

1. (iii) grant/ renew a licence to market functionaries, except traders, or refuse it to do so;
2. (iv) suspend or cancel licence granted/ renewed to market functionaries, except traders, and supervise the conduct of the market functionaries and enforce conditions of licence;
3. (v) regulate or supervise the auction, including e-auction of notified agricultural produce including livestock in accordance with the provision and procedure laid down under the Rules made under this Act or Bye-laws of the Market Committee ;
4. (vi) regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to the market of notified agricultural produce including livestock in the manner prescribed;
5. (vii) provide for the settlement of all disputes between the seller and the buyer arising out on any kind of transaction, including online, connected with the marketing of notified agricultural produce including livestock and all matters ancillary thereto;
6. (viii) promote Public Private Partnership for carrying out extension activities in its delineated market area viz., collection, maintenance and dissemination of information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce;
7. (ix) take measures for the prevention of purchases and sales below the minimum support prices as fixed by the State government from time to time;
8. (x) levy, take, recover and receive rates, charges, fees and other sums of money to which the Market Committee is entitled;
9. (xi) employ the necessary number of Officers and servants for the efficient implementation of the provisions of this Act, the Rules and the Bye-laws as prescribed;
10. (xii) prosecute persons for violating the provisions of this Act, the Rules and the Bye-laws and compound such offences;
11. (xiii) acquire land and dispose of any moveable or immovable property for the purpose of efficiently carrying out its duties;
12. (xiv) impose penalties on persons who contravenes the provisions of this Act, the Rules or the Bye-laws or the orders or directions issued under this Act, the Rules or the Bye-laws by the Market Committee , its Chairperson or by any Officer duly authorised in this behalf;
13. (xv) institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action proceeding, application or arbitration;
14. (xvi) handle the issues relating to pay, pension, allowances, gratuities, contribution towards leave allowance, provident Fund of the officers and servants employed by the Market Committee in the manner prescribed;
15. (xvii) administer Market Committee Fund referred to in section-77 and maintain the account thereof in the prescribed manner; (xviii)carry out publicity about the benefits of regulation, the system of transaction,

facilities provided in the principal market yard, sub- market yard , etc.

through such means as poster, pamphlets, hoardings, cinema slides, film shows, group meetings, electronic media etc., orthrough any other means considered more effective or necessary; and

1. (xix) ensure payment in respect of transactions which take place in the principal market yard, sub-market yards and market sub-yards or at e-platforms to be made on the same day to the seller or in the maximum next day, if procedurally so required. In default to make the payment as aforesaid, provisions of section 60

1. (2) will apply. Save as provided in this clause, procedure of payment to the seller in case of e-trading will be mutatis mutandis to section 54(2).
2. (3) Without prejudice to the generality of the forgoing provisions, Market Committee may -
   • (i) take all possible steps to prevent adulteration of notified agricultural produce including livestock, if any;
   • (ii) set up and promote Public Private Partnership in management of the agricultural markets;
   • (iii) promote linking of consumers to farmers or their groups through appropriate digital technology;
   • (iv) regulate the entry of persons and vehicles, traffic into the principal market yard, sub-market yards and market sub-yards vesting in the Market Committee;
   • (v) inspect and verify scales, weights and measures in use in a market yard and sub- market yard and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed;
   • (vi) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle birds etc., which are bought or sold in the principal market yards, sub- marker yards, and market sub-yards;
   • (vii) recover the charges in respect of weighmen and hammals (loaders) and distribute the same to weighmen and hammals (loaders/unloaders ) if not paid by the purchaser/seller as the case may be;
   • (viii) collect and maintain information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce and disseminate such information as directed by the Director/ Managing Director/ State Government; and
   • (ix) reasonably act in the manner that traders do not hoard the agricultural produce and market functionaries may not form any cartel to jeopardize the interest of agriculturist -sellers.
3. (4) With the prior sanction of the Director/Managing Director, the Market Committee may undertake -
   • (i) construction of internal/connecting roads, godowns and other infrastructure

in the Principal market yard, sub-market yard , market sub-yard

delineated market area to facilitate marketing of agricultural produce including livestock and for the purpose give grant or advance Funds to the Board, or any other Department or undertaking of the State Government or any other agency authorized by the Director/ Managing Director;

1. (ii) maintenance of stocks of fertilizer, pesticides, improved seeds, agricultural equipments, inputs for sale and establish Soil Testing Laboratories; and
2. (iii) to provide on rent storage facilities for stocking of agricultural produce to agriculturists.

1. (5) To promote and encourage e-trading, Market Committee may establish regulatory system, create infrastructure and undertake other activities and steps needed thereto.
2. (6) Market Committee may establish or allow to be established third party assaying/

testing labs, and, therefore, constitute a committee, as may be prescribed ,

to promote assaying, grading and activities and services incidental thereto.

Subject to such conditions and restrictions as may be prescribed, the Market Committee

may appoint one or more sub-committees consisting of such Members of the

committee, as it may think fit, for the performance of any of its duties or functions, as it may think fit to assign.

1. (1) The Market Committee may, with the previous sanction of the Director/

Managing Director, raise money from banks , financial institutions or issue

debentures required for carrying out the purpose for which it is established on the security of any property vested in it and of any fees/user charge leviable by it under this Act.

1. (2) The Market Committee may, for the purpose of meeting the initial expenditure on lands, building, staff and equipments required for establishing the market,

obtain a loan from the Government or State Agricultural Marketing Board or

other financial institution.

1. (3) The conditions subject to which money or loan under sub-section
2. (2) shall be raised or obtained and the time within which the same shall be repayable shall be subject to the previous sanction of the State Government, or the Director or the Managing Director.

1. (1) The Market Committee may accept from any person who has committed or is

reasonably suspected of having committed an offence (other than contravention

of section 59 against this Act or the Rules or Bye-laws, made thereunder by way of compounding of such offence -

1. (a) Where the offence consists of the failure to pay or the evasion of any fee/ user charge, or other amount recoverable under this Act or the Rules or the

Bye- laws in addition to the fee/user charge or other amount so

recoverable a sum of money not less than the amount of the fee or other amount and not more than five times the amount of fee or other amount to the maximum extent of rupees ten thousand.

1. (b) In other cases a sum of money not exceeding ten thousand rupees.

1. (2) On the compounding of any offence under sub-section (1), no proceeding shall be taken or continued against the person concerned in respect of such an

offence, and if any proceedings in respect of that offence have already been

instituted against him in any court, the compounding shall have effect of his acquittal.

The Market Committee may write off any fee/user charge or amount whatsoever

due to it, whether under a contract or otherwise, or any amount payable in addition

therewith if in its opinion such a fee/user charge or an amount is irrecoverable: Provided that the Market Committee shall, before writing off any such fee/ user

charge, or amount obtain the sanction of the Managing Director, if the fee or amount

exceed rupees Fifty thousand.

Any officer or servant of the Market Committee, empowered by the State Government in this behalf, shall have power to remove any encroachment in a space in the principal market yard and sub-market yard the expenses of such removal shall be paid by the person who has caused the said encroachment and shall be recovered in the same manner as arrears of land revenue.

42. use of weighing instruments, weight and measure, their inspection

1. (1) Only electronic weighing instruments which also satisfy the requirements of such weights and measures as are prescribed in any other law for time being in force and the Rules made thereunder shall be used for weighing or measuring agricultural produce including livestock, as required, in the Principal market yard , sub-market yard , market sub-yards, private market yard farmer -consumer market yards: Provided that in transactions of sale and purchase of agricultural produce including livestock, as the case may be, electronic balance shall preferably be used.
2. (2) Weighing instruments, weights and measures kept by the committee under this section may at any time be inspected, examined and checked by the Director or the Managing Director or any other authorized Officer.

1. (1) Every contract or agreement entered into by a Market Committee for the purchase, sale, lease,mortgage or other transfer of, or acquisition of interest in immovable

property shall , in writing, be executed on behalf of Market Committee jointly

by its Chairperson, Vice- Chairperson and the Secretary , with the sanction of the Market Committee, as may be prescribed.

1. (2) No contract other than a contract executed as provided in sub-section (1) shall be valid and binding on the Market Committee.

No act of Market Committee or of any sub-committee thereof or of any person acting

as a member, Chairperson, Vice-Chairperson, presiding authority or the Secretary

shall be deemed to be invalid by reason only of some defect in the constitution

or appointment of such Market Committee, sub-committee, Members, Chairperson,

Vice-Chairperson, presiding authority or the Secretary or on the ground that they or any of them were disqualified for such office, or that formal notice of the intention to hold a meeting of the committee or of the sub-committee was not given duly or by reason of such act having been done during the period of any vacancy in the office of the Chairperson, Vice-Chairperson or the Secretary or Member of such committee or sub-committee or for any other informality not affecting the merits of the case.