No act done or proceeding taken under this Act by the Board, by a Market Committee

or a sub-committee appointed by the Board shall be invalidated merely on the

ground of-

1. (a) any vacancy or defect in the constitution of Board or sub-committee; or
2. (b) any defect or irregularity in the appointment of a person acting as a member thereof; or
3. (c) any defect or irregularity in such Act or proceeding, not affecting the substance. CHAPTER-XIII RULES AND BYE-LAWS

Powerto make 125. (1) The State Government may, make Rules for carrying out the purposes of

Rules. this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such Rules may provide for-
   • (i) declaration of "special commodity market yard(s) and Market yard (s) of National Importance (MNI) based on annual throughput and income and infrastructure under section 8 and 9 respectively and constitution of Market Committee therefor; ·

The Arunachal Pradesh Extraordinary Gazette, May 5, 2018

(ii) classification of Market Committee based on annual throughput and income and infrastructure under section 14 (4); (iii) procedure for constitution of the first Market Committee and subsequent Market Committee including qualifications of representatives under section 17(1); (iv) election for Chairperson, Vice-Chairperson, agriculturist Members and other Members of the Market Committee and reservation of seats therefor; (v) meeting of Market Committee, leave of Chairperson & Vice-Chairperson, quorum and powers and duties of Market Committee; (vi) appointment of sub-committee and delegation of powers under section 37; mode of making contract under section 43 and appointment of Secretary of Market Committee under section 45; (vii) the periodical inspection of all weights and measures and the weighing and measuring instruments in use in a market yards;

1. (viii) powers, functions and duties of the Secretary of Market Committee under section 49, appointment of Accountant and Staff of Market Committee, their

pay, allowances and pension etc.;

~

1. (ix) fixation of quantity of sale under clause (i) of section 59 (2); (x) the procedure for recovery of market fees, fine for evasion of market fees and manner for assessment of market fees in default of furnishing return; (xi) procedure for grant/renewal and suspension/ cancellation of licence to market

functionaries, other than trader, under section 64;

1. (xii) procedure for grant/renewal and suspension/ cancellation of unified single trading licence under sections 65 and 66: (xiii) procedure for allowing unified single trading licence for inter-state trade under section67 and its blacklisting ; (xiv)

procedure for grant/renewal of licences to set up private market yard , farmer-

consumer market yard, market sub-yard, electronic trading platform and for direct marketing and suspension/cancellation thereof; (xv) procedure and condition for registration of wholesale ad-hoc buyers; (xvi) procedure and terms and conditions for declaring Warehouse/silos/ cold storage or other such structure or space as market sub-yard ; (xvii) the provisions for the persons by which and the forms in which copies of documents and entries in the books of the Market Committee may be certified and the charge to be levied for the supply of such copies; (xviii) the trade allowance which may be made or received by any person in any ', transaction in the notified agricultural produce in a market yard; (xix) manner of dispute settlement between/among the licensees and between/ among the licensees and Market Committee; (xx) facilities for the settlement of any dispute between a buyer and seller of notified agricultural produce or their agents including disputes regarding the quality or weight of the articles, payment in respect of the price of goods sold and the allowances for wrapping, containers, dirt or impurities or deductions for any cause by mediation, arbitration or otherwise; (xxi) 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; (xxii) the form in which the accounts of a Market Committee shall be kept, the audit and publication of such audit and the inspection of audit memoranda of the account and supply of such memoranda; (xxiii) the preparation and submission for sanction of the annual budget and the report and returns to be furnished by a Market Committee and issues related to maintenance of accounts of Board under section 92 (2 (v); (xxiv) the time during which and the manner in which a trader or commission agent shall furnish such returns to a Market Committee as may be required by it; (xxv) procedure for setting up of assaying labs including in private sector and promotion of quality certification system. Constitution of committee with technical member of Directorate of Marketing and Inspection to promote quality certification system;

(xxvi) (xxvii) (xxviii) (xxix) (xxx) (xxxi) (xxxii)

The Arunachal Pradesh Extraordinary Gazette, May 5, 2018

provide necessary infrastructure and logistic support fore-trading platform; the keeping of records of arrivals and prices of agricultural produce by Market Committee and other licensees; the manner in which auctions of agricultural produce including e-auction shall be conducted and bids made and accepted; the recovery and disposal of fees leviable by or under this Act; compounding of offences and fixing compensation thereof under this Act or Rules or Bye-laws made thereunder; manner of constitution of State Agricultural Marketing Services;

recruitment, qualification, appointment, promotion, scale of pay, leave, leave

allowance, acting allowance, loans, pension, gratuity, annuity, compassionate

Fund, dismissal, removal, conduct, departmental punishment, appeals and

other service conditions of the members of the State Agricultural Marketing service;

(xxxiii) limits of honorarium, travelling allowance, sitting fees and any other payments

payable to the Chairperson, Vice-Chairperson and Members for attending the meetings, etc.; (xxxiv) (xx.xv) (xx.xv) (xx.xvi) (xxxvii) (xxxviii) (xxxix) manner of investment of surplus in the Market Committee Fund; manner and terms and conditions of contribution by licensee of private market yard, market sub-yard, electronic trading platform and direct marketing to Marketing Development Fund and expenditure thereof. Procedure for framing of Bye-laws, their amendments or cancellation and for their previous and final publication; term of the office of the Chairman, Vice-chairman and members of the Board; the powers to be exercised by the Chairman and Vice-chairman and the Chief Executive of the Board; all matters required to be prescribed by Rules under this Act; mode of service of notice under this Act; generally for the guidance of Market Committee .

1. (3) In making any Rule, the State Government may direct that breach thereof shall

be punishable with fine which may extend to two thousand rupees.

1. (4) Every Rule made under this Act Shall be laid on the table of the Legislative Assembly.
2. (1) Subject to the provisions of this Act and the Rules made thereunder, a Market

1. (i) the regulation of business of the Market Committee;
2. (ii) the condition of trading in aprincipal market yard and sub-market yard
3. (iii) delegation of powers, duties and functions to the officers and servants,

appointment; pay, punishment, pensions, gratuities, leave,leave allowances,

contributions by them to any provident Fund which may be established for the benefit of such officers and servants and other conditions of service;

1. (iv) the delegation of powers, duties and functions to a sub-committee, if any;
2. (v) market functionaries, other than traders, who shall be required to take licence;
3. (vi) enabling and regulating provisions relating to e-trading and activities and services incidental thereto ;
4. (vii) any other matters for which Bye-laws are to be made under this Act or it may be necessary to frame Bye-laws for effectively implementing the provisions of th is Act and the Rules made thereunder.

1. (2) No Bye-laws under sub-section (1) shall take effect until it has been approved by the Director.
2. (3) In making any Bye-laws, the Market Committee may direct that a breach thereof shall be punishable with fine which may extend to two thousand rupees and where the breach is a continuing one with further fine which may extend to two hundred rupee for everyday after first during which the breach is provided to have been persisted in.

Power to make 126.

Bye-laws.

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.. CHAPTER - XIV