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The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2022

Chapter XIII RULES AND BYE-LAWS

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Chapter XIII RULES AND BYE-LAWS

136. Power to make Rules

Statutory text
  1. (1) The State Government may, after previous publication, make Rules for carrying out the purposes of this Act.
  2. (2) In particular and without prejudice to the generality of the foregoing power, such Rules may provide for-
    • (i) declaration of "Special Commodity Market Yards and Market Yards of National Importance
    • (MNI) based on annual throughput and income and infrastructure under Section 8 and 9 respectively and constitution of Market Committee therefor;
      • (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
  3. (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 Chairman, quorum and powers and duties of Market Committee;
    • (vi) appointment of sub-committee and delegation of powers under Section 42, mode of making contract under Section 48 and appointment of Secretary of Market Committee under Section 50;
    • (vii) the periodical inspection of all weights and measures and the weighing and measuring instruments in use in a market yards;
    • (viii) powers, functions and duties of the Secretary of Market Committee under Section 51, appointment of Accountant and Staff of Market Committee, their pay, allowances and pension etc.;
    • (ix) fixation of quantity of sale under clause (i) of sub-section (2) of Section 64;
    • (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 or renewal and suspension or cancellation of licence to market functionaries, other than trader, under Section 69;
    • (xii) procedure for grant/renewal and suspension/ cancellation of unified single trading licence under Sections 70 and 71;
    • (xiii) procedure for allowing unified single trading licence for inter-state trade under Section 72 and its blacklisting;
    • (xiv) procedure for grant or 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 or 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 and livestock 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 97
  4. (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 & Inspection to promote quality certification system;
    • (xxvi) provide necessary infrastructure and logistic support for e-trading platform; (xxvii) the keeping of records of arrivals and prices of agricultural produce by Market Committee and other licensees; (xxviii) the manner in which auctions of agricultural produce including e-auction shall be conducted and bids made and accepted;
    • (xxix) the recovery and disposal of fees leviable by or under this Act;
    • (xxx) compounding of offences and fixing compensation thereof under this Act or Rules or Bye-laws made thereunder;
    • (xxxi) manner of constitution of State Agricultural Marketing Services; (xxxii) 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) manner of investment of surplus in the Market Committee Fund;
    • (xxxv) manner, 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; (xxxvi) procedure for framing of Bye-laws, their amendments or cancellation and for their previous and final publication; (xxxvii) term of the office of the Chairman, Vice-chairman and members of the Board; (xxxviii) the powers to be exercised by the Chairman and Vice-chairman and the Chief Executive of the Board; (xxxix) all matters required to be prescribed by Rules under this Act;
    • (xl) mode of service of notice under this Act;
    • (xli) generally for the guidance of Market Committee.
  5. (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.
  6. (4) Every Rule made under this Act Shall be laid on the table of the Legislative Assembly.

Chapter XIII RULES AND BYE-LAWS

137. Power to make Bye-laws

Statutory text
  1. (1) Subject to the provisions of this Act and the Rules made thereunder, a Market Committee may, in respect of a principal market yard and sub-market yard under its management, make Bye-laws for-
    • (i) the regulation of business of the Market Committee;
    • (ii) the condition of trading in a principal market yard and sub-market yard;
    • (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;
    • (iv) the delegation of powers, duties and functions to a sub-committee, if any;
    • (v) market functionaries, other than traders, who shall be required to take licence;
    • (vi) enabling and regulating provisions relating to e-trading and activities and services incidental thereto ;
    • (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 this Act and the Rules made thereunder.
  2. (2) No Bye-laws under sub-section (1) shall take effect until it has been confirmed by the Director or Managing Director.
  3. (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 every day after first during which the breach is provided to have been persisted in.

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