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The Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983

Chapter II DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF CARRYING TRADE AT UNAUTHORISED PLACES

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Chapter II DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF CARRYING TRADE AT UNAUTHORISED PLACES

3. Declaration of market area and market yards.

Statutory text
  1. (1) On the recommendation of the Metropolitan Commissioner, the Metropolitan Authority may, by notification in the Official Gazette, declared any area in the Metropolitan Region described in the notification to be the market area in respect of any specified commodity and shall by the same or by a separate notification specify one or more market yards and sub-market yards for the market area, which may, if necessary, be located outside the market area.
  2. (2) Before making any recommendation for issue of any notification under sub-section (1), the Metropolitan Commissioner shall cause to be published in the Official Gazette, and in at least two newspapers having circulation in the proposed market area, a public notice of his intention to recommend to the Authority to issue such notification in respect of the area and the commodities described in such notice and inviting objections or suggestions in writing in respect of the said intention, within forty days from the date of publication of the public notice in the Official Gazette. Any objections or suggestions which may be received by the Metropolitan Commissioner in time shall be taken into consideration by him, before making his recommendation to the Authority.
  3. (3) A plan showing the boundaries of the market area as declared under sub-section (1) and the boundaries of the market yards shall be made available for inspection at the office of the Metropolitan Commissioner and of the market committee and at such other places as may be notified by him in this behalf.

Chapter II DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF CARRYING TRADE AT UNAUTHORISED PLACES

4. Constitution of first market committee.

Statutory text
  1. (1) As soon as possible, after any area is declared to be a market area for any commodity under sub-section (1) of section 3, the State Government shall, by notification in the Official Gazette, constitute the first market committee therefor which shall consist of a Chairman, a Vice-Chairman and such number of other members nominated by the State Government as the State Government may consider necessary.
  2. (2) Every member (including the Chairman and Vice-Chairman) shall hold office for such period as the State Government may fix in each case.
  3. (3) All members (including the Chairman and Vice-Chairman) of the first market committee shall be deemed to vacate office, when the first meeting of the successor market committee duly constituted under sub-section (1) of section 9 is held, at which a quorum is present.

Chapter II DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF CARRYING TRADE AT UNAUTHORISED PLACES

5. Registration of persons lawfully engaged in specified trade.

Statutory text
  1. (1) As soon as possible, after any area is declared to be a market area for any commodity, the Chief Executive Officer shall issue a notice and publish it in at least four newspapers having circulation in the market area, inviting all persons lawfully engaged in the specified trade to apply in writing to him for registering themselves with the market committee. Such applications shall be invited within a reasonable period as may be specified in the notice which shall not be less than fifteen days and shall not be more than forty-five days, calling upon the applicants to adduce evidence that the applicants have been actively and lawfully engaged in the specified trade in the area immediately before the date of notification issued under sub-section (1) of section 3.
  2. (2) Any person other than the person referred to in sub-section (1) intending to carry on a specified trade in any market yard shall also apply to the Chief Executive Officer for registering his name with the market committee.
  3. (3) The application for such registration shall be made in such form and shall be accompanied by such documents as the Chief Executive Officer may, with the approval of the Metropolitan Commissioner, notify. It shall also be accompanied by such fee as may be laid down by the by-laws.
  4. (4) The Chief Executive Officer shall consider all applications received by him, if he is satisfied, on making such further inquiry (if any) as he may deem fit, that any applicants were actively and lawfully engaged in or intending to carry on the specified trade, he shall include their names in the register to be maintained by him and inform the applicants accordingly. Every such registered person shall be eligible to get a licence as provided in section 33.
  5. (5) If the Chief Executive Officer refuses to register the name of any person who has applied for the same, he shall communicate his decision in writing with reasons therefor to such person : Provided that, no order under this sub-section shall be passed, unless the person concerned is given a reasonable opportunity to state his case.
  6. (6) If the Chief Executive Officer, on application made to him or on his own motion, is satisfied, after such inquiry as he thinks fit, that any entry in the register is erroneous or defective in any particular or should be deleted on the ground that the person concerned has ceased to carry on the specific trade, he may, after giving a reasonable opportunity of being heard to the person concerned, amend or delete the entry.
  7. (7) Any person aggrieved by any decision of the Chief Executive Officer in regard to the refusal or registration or amendment or deletion of any entry of his name in the register may make an appeal in writing to the Metropolitan Commissioner within one month of the receipt of the communication from the Chief Executive Officer in that regard.
  8. (8) The decision of the Chief Executive Officer in regard to such registration, and where an appeal is made against it, the decision of the Metropolitan Commissioner, shall be final.

Chapter II DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF CARRYING TRADE AT UNAUTHORISED PLACES

6. Market committee to provide alternative trading facilities to registered persons in market yards.

Statutory text
  1. (1) It shall be incumbent on the market committee to provide every registered trader with suitable alternative facilities at such places in the market yard of such nature and size and on such terms and conditions as the committee may determine, to enable him to carry on his specified trade in the market yard : Provided that, if any such person fails to utilise the alternative facilities so provided, within sixty days from the date of the allotment order made by the committee in that behalf, the liability of the committee to provide such facilities shall cease.
  2. (2) Any registered trader, being aggrieved by any allotment order of the committee, may appeal to the Metropolitan Commissioner within one month from the date of receipt of such order, and the order of the Metropolitan Commissioner on such appeal, shall be final : Provided that, no order shall be passed by the Metropolitan Commissioner on such appeal against any registered trader, without giving him a reasonable opportunity of being heard.

Chapter II DECLARATION OF MARKET AREA AND MARKET YARDS AND PROHIBITION OF CARRYING TRADE AT UNAUTHORISED PLACES

7. Prohibition on carrying on specified trade in any market area of market yard without a licence.

Statutory text
  1. (1) On and after the date specified by the Metropolitan Commissioner, by notification in the Official Gazette (hereinafter referred to as "the appointed date"), no person shall carry on the specified trade in any place in the market area, other than in the market yard or sub-market yard, and except under and in accordance with the conditions of a licence granted in that behalf under this Act.
  2. (2) Save as otherwise permitted by the Metropolitan Authority, no local authority, having jurisdiction in the market area, shall, on and after the appointed date, notwithstanding anything contained in any law for the time being in force, establish, authorise or continue or allow to be established, authorised or continued any place in the market area as a market or a place to carry on the specified trade and any permission or licence already granted by it shall stand cancelled on the appointed date. Upon such cancellation of any permission or licence, the holder of such permission or licence shall not be entitled to claim and receive any compensation, but shall be entitled to claim and receive such amount towards refund of the fees paid by him as is proportional to the unexpired period of such permission or licence.

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