Chapter IV POWERS AND DUTIES OF MARKET COMMITTEE

In addition to the powers conferred and duties imposed upon it by or under this Act, a committee may-

1. (1) construct, maintain and manage the market yard including any buildings or structure ;
2. (2) provide, maintain and manage any instruments or implements required in such yard ;
3. (3) acquire, hold and dispose of any movable or immovable property ;
4. (4) grant, renew, refuse, suspend or cancel licences to carry on a specified trade in the market yard ;
5. (5) regulate the entry of persons and vehicular traffic into the market yard ;
6. (6) collect or maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movement of commodities ;
7. (7) provide for the licensees and other persons visiting the market, common services including transport, storage, grading, weighing, restaurants, petrol pumps, and temporary accommodation for persons visiting the market ;
8. (8) enforce the provisions of this Act and rules, regulations, by-laws and conditions of the licences granted under this Act ; and
9. (9) perform such other functions and duties as may, from time to time, be necessary or expedient for the purpose of maintaining or managing the market.

Subject to the rules, if any, made by the State Government, a committee may make by-laws for the grant, renewal, suspension or cancellation of licence for the use of any place in the market yard for carrying on the specified trade :

1. (i) Provided that, all orders, granting, renewing, refusing to grant or refusing to renew, cancelling or suspending any licence shall be in writing and no order refusing to grant or renew or cancelling or suspending a licence shall be made without giving the person concerned a reasonable opportunity of stating his case ;
2. (ii) the reasons for any such refusal, cancellation or suspension of a licence shall be recorded in writing ;
3. (iii) the committee shall not refuse to grant an initial licence to any registered person.

It shall be competent to a committee to levy and collect fees in the manner and at the rates laid down in the by-laws made,-

1. (i) subject to the provisions of sub-section (2) of section 35, for stalls, offices, shops, godowns, etc. and open spaces in the market yard ;
2. (ii) for the grant and renewal of licences ;
3. (iii) for any common services, amenities and facilities provided or arranged by the committee ;
4. (iv) for the entry of persons, vehicles and goods into the market yard ; and
5. (v) for any other matter for which fee is to be or may be levied and collected by it.

1. (1) Notwithstanding anything contained in clause (3) of section 32, a committee shall not, except with the previous permission of the State Government, transfer by sale, lease, exchange, mortgage, or otherwise, any land vesting in it or acquired by it and situated in the market yard.
2. (2) Subject to the provisions of sub-section (1), the committee may dispose of by sale, lease, exchange, mortgage, or otherwise any building, stall, shop, stand, pen or things attached to the land or permanently fastened to anything attached to the land, subject to such conditions (including for charging of fees or rent or, compensation for use and occupation of any building, stall, shop, stand, pen or things attached to the land or permanently fastened to anything attached to the land where necessary) and such limitations as may be determined by by-laws made for the purpose.

1. (1) Subject to such conditions and limitations as the by-laws may provide, any licensee holding immovable property or any interest in such property granted to him under sub-section (2) of section 35 may, with the previous sanction of the committee, transfer such property or interest by agreement to any person for carrying on a specified trade.
2. (2) The committee may, for reasons to be recorded in writing, refuse to sanction such transfer : Provided that, no order of refusal of such sanction shall be passed, unless the person concerned is given an opportunity of being heard : Provided further that, if the committee does not take any decision and communicate the same to the applicant by letter under certificate of posting, within sixty days from the date of receipt of application for such transfer, the transfer shall be deemed to have been sanctioned.
3. (3) Any person aggrieved by the decision of the committee may, within one month of the receipt of the communication from the committee in that regard, appeal to the Metropolitan Commissioner, whose decision on such appeal shall be final.

1. (1) Every contract entered into by a committee shall be in writing and shall be signed on behalf of the committee by its Chairman, or in the absence of the Chairman by the Vice-Chairman, and two other members of the committee.
2. (2) No contract other than a contract executed as provided in sub-section (1) shall be binding on the committee.