Vesting of market rights.

1. (1) The State Government may, upon a representation made by a Zilla Parishad by notification published in the Official Gazette and in such other manner as may

120 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961 be prescribed by rules made by the State Government, declare that any place within the District shall be a public market.

1. (2) Every such notification shall define the limits of the public market so established, and may

for the purpose of this Act include within such limits such local areas as the State Government may

direct.

1. (3) Whenever the State Government declares under sub-section (1) a place to be a public market, no person shall, notwithstanding anything contained in any other law for the time being in force, within the area of such public market or within a distance thereof to be specified by notification in this behalf in each case by the State Government, set up, establish or continue or allow to be continued any other market.
2. (4) Whoever in contravention of this section, sets up, establishes, continues or allows to be

continued any market shall, on conviction, be punished with fine which may extend to five hundred

rupees, and in case of a continuing breach with fine which may extend to one hundred rupees for each day after the first during which the breach continues.

1. (5) For the purposes of this section, a person shall be deemed to have set up, established, continued or allowed to be continued a market if such market is held on land owned by him ; and the onus of proving that the market was held on such land without his knowledge shall lie on him.
2. (6) Nothing contained in this section shall be deemed to empower the State Government to declare any place as a public market for the purchase or sale of such agricultural produce, the purchase or sale of which is regulated by or under the Bombay Agricultural Produce Markets Act, 1939 (Bom. XXII of 1939) or under any other law corresponding thereto in force in any part of the State. Private Markets.