Bare Act
The Markets and Fairs Act, 1862
General186217 sections
The Markets and Fairs Act, 1862, is a regulatory statute designed to maintain public order and convenience by controlling the establishment and operation of markets and fairs. It requires individuals to obtain written permission from the District Magistrate before starting a new market, ensuring it does not conflict with existing ones or cause public nuisance. The Act also empowers authorities to close existing markets on grounds of public health, safety, or traffic regulation. For the ordinary citizen, this law ensures that commercial gatherings are organized safely, preventing local disputes and protecting the community from the inconveniences of unregulated, overcrowded, or poorly situated markets.
- 0. Preamble
- 1. No new market or fair to be established without permission. Penalty for attempt to establish without license
- 2. Person desiring to establish to apply to Magistrate
- 3. Procedure on application
- 4. The proclamation and notice (if any) shall be issued and served [at the expense of Government.
- 5. If within the time specified any objection is preferred, the Magistrate of the district shall inquire into the objection, and pass such order as may appear proper under the circumstances of the case.
- 5A. Magistrate to consult Director of Agricultural Marketing and Rural Finance or authorised officer before passing orders
- 5B. Refusal of permission if within 5 miles a market or fair is already established
- 5C. Power to close existing market or fair in public interest
- 5D. Provided that no order shall be made by the Magistrate, unless he has followed the procedure set out in section 5D.
- 6. Appeal
- 7. The order made by the District Magistrate, subject to an appeal to the appellate authority, and the decision of the appellate authority on appeal, shall be final.
- 7A. Delegation
- 8. Extent
- 9. Interpretation and saving
- 10. Saving of general powers of State Government.
- 11. XXI of 1954, First Schedule.
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