The ODISHA AGRICULTURAL PRODUCE MARKETS ACT, 1956

The Odisha Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY

ORISSA ACT 3 OF 1957

*THE ORISSA AGRICULTURAL PRODUCE MARKETS ACT, 1956

An act to provide, for the better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Orissa

Whereas it is expedient to provide for the better regulation of buying and selling ofAgricultural produce in the State of Orissa and establishment of markets for agricultural produce.

It is hereby enacted by the Legislature of the State of Orissa in the Seventh year of the Republic of India as follows :

Statement of Objects and Reasons– Agricultural producer is at present a victim of the unfair practice and undue exactions of a host of middlemen on whom he has to depend for marketing his surplus produce. It has been estimated that the Agricultural Producer is able to get only 5 to 19 annas in the rupee paid for his produce by the ultimate consumer. Unless the Agricultural Producer is assured of his legitimate share of the price paid by the consumer for his produce it will not be possible to bring about any improvement in the standard of living of the cultivators and sustain the progress achieved in expanding agricultural production.

The unfair practices that are commonly practised by the wholesale traders in the course of their transactions with the agricultural producers are unfair deductions, nonuse of standard weights and measures, unfair manipulation of weighing and measurement, taking very large quantities of free samples, levy of excessive market charges etc. The producer is also not in possession of market intelligence and is at the mercy of the brokers and commission agents who are always on the side of the wholesale traders. The Planning Commission have laid great emphasis repeatedly on the need for regulating markets to rectify the above defects by enacting a special legislation as has been done in Madras, Bombay, Hyderabad, Madhya Pradesh, Punjab and Pepsu.

The present Bill has accordingly drawn up and it speaks to bring about regulation of markets. It is proposed to constitute Market Committees in selected areas and for

Published vide Orissa gazette Ext. dated 8.2.1957. See Notfn. No. 598-Legis/6.2.1957.

selected commodities to be notified by the Government and in these areas the traders and commission agents will be licensed by the Committees who will exercise strict supervision over their operations and also fixed market charges, etc. The Market Committees will maintain separate staff for ensuring that the traders and other market functionaries act strictly according to the conditions of their licences and correct weighment is done with standard Weights and Measures. The Committee will be a democratic body consisting of elected representatives of traders, agricultural producers, local bodies and officials nominated by the Government.Any dispute will be subject to the arbitration of the Committee and the Committee will also make up-to-date market intelligence available to the producers. As a result of such regulation the agricultural producers, it is hoped, will be able to get a fair deal in the Market.

For the Bill See the Orissa Gazette Ext. No. 69 of 1966 and for Select Committee Report, See orissa Gazette Ext., No. 106/ 18.8.1956.

CHAPTER - I

PRELIMINARY

(1) This Act may be called the Orissa Agricultural Produce Markets Act, 1956. (2) It extends to the whole of the State of Orissa. (3) It shall come into force at once.

In this Act, unless there is anything repugnant in the subject or context– (i) "Agricultural Produce" means such produce (whether processed or not) of agriculture, forest, animal husbandry, agriculture, horticulture and pisciculture as are specified in the Schedule; (ii) "Agriculturist" means a person who ordinarily, by his own labour or by the labour of any member of his family or who, by the labour of his tenants, servants, hired labourer or otherwise, is engaged in the production or growth of agricultural produce which has not-been processed but does not include a trader, commission agent, processor or broker in or in relation to agricultural produce although such trader, commission agent, processor or broker may also be engaged in the production or growth of agricultural produce; (ii-a) "Board" means the Orissa State Agricultural Marketing Board established under Section 18-A of the Act; (iii) "Bye laws" means bye-laws made under Section 28; (iv) "Director" means the person appointed as Director of Agricultural Marketing for the State of Orissa and includes a Joint Director, Deputy Director and any other officers appointed by the State Government for the purposes of the Act; (v) [ * * * ] (vi) "Market" means a market declared as such under Sub-section (5) of Section 4 and includes market yard; (vii) "Market area" means any area declared as such under Sub-section (1) of Section 4; (viii) "Market Committee" means a committee established under Section 5; (viii-a) "Market functionary" includes a broker, commission agent, exporter, processor, stockist, trader, vehicle owner and such other persons as may be declared under the rules or bye-laws to be a market functionary; (ix) "Market yard" means any enclosure, building or locality in any market area declared as market yard under sub-section (5) of Section 4 (x) "Municipality" includes a Notified Area [ * * * ]; (xi) "Prescribed" means prescribed by rules made under this Act and (xii) "Retail sale" in relation to any agricultural produce means the sale of that produce not exceeding such quantity as may be prescribed : Provided that the sale of cattle, sheep or goat shall not be considered for the purpose of determining any retail sale; (xiii) "Trader" means a person who buys or sells agricultural, produce as a principal or as a duly authorised agent of any person; (xiv) "Warehouse" means any building, structure or other protected enclosure which is or may be used for the purpose of storing agricultural produce being goods on behalf of depositors, but does not include cloak rooms attached to hotels, railway stations, the premises of other public carriers and the like; (2) If a question arises whether any person is or is not an agriculturist for the purpose of this Act, the decision of the Board on such question shall be final.

(1) The State Government may by notification declare its intention of regulating the purchase and sale of such agricultural produce and in such area, as may be specified in the notification. Such notification may also be published in the regional language of the area in a newspaper circulated in the said area or in such other manner as the State Government may deem fit. (2) Any objection or suggestion which may be received by the State Government within a period of not less than one month to be specified in the said notification may be considered by the State Government.

(1) After expiry of the period, specified in the notification issued under Section 3 and after considering such objections and suggestions as may be received before such expiry and after holding such inquiry as may be necessary, the State Government may, by ratification declare the area specified in the notification under Section 3 or any portion thereof to be a market area for the purpose of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. A notification under this section may also be published in the regional language of the area in a newspaper circulated in the said area or may be published in such other manner as the State Government may deem fit. (2) For the removal of doubts, it is hereby declared that a notification published in the Gazette under Section 3 or under Sub-section (1) shall have full force and effect notwithstanding any omission to further publish the same in any other manner, or irregularity or defect in such further publication in pursuance of Section 3 or Sub-section (1), as the case may be. (3) On and from the date of notification issued under Sub-section, (1) or such later date as may be specified therein, no local authority or person shall, notwithstanding anything contained in any other law for the time being in force, set up, establish or continue or allow to be set up, established or continued any place for the purpose of sale and purchase of any agricultural produce within the market area or within a distance thereof to be notified in the Gazette in this behalf in each case by the State Government : Provided that the State Government may, subject to such terms and conditions as they may impose, permit the continuation of any place in the market area for the marketing of any agricultural produce as aforesaid for such period not being later than the date of declaration of market yard within the market area as they may specify. (4) Notwithstanding anything to the contrary contained in any law for the time being in force, the market committee may, after a notification issued under Sub-section (1), by requisition, require any Municipality or Grama Panchayat to transfer to it any land or building in possession of such Municipality or Grama Panchayat wholly of partly situated within the concerned in market area which immediately before the (4) establishment of the market was being used by such Municipality or Grama Panchayat for similar purpose, and the Municipality or Grama Panchayat, as the case may be, shall within one month from the date of receipt of the requisition, transfer the land or building or both, as specified in the requisition to the market committee and the net income derived therefore by the market committee under Section 11 shall be shared equally by the market committee and the concerned Municipality or Grama Panchayat, every year : Provided that the share of the Municipality or Grama Panchayat in any one year shall not be less than eighty per cent of the average net income derived by it from land or building or both so transferred during the three years immediately preceding the transfer. Explanation :– For the purpose of determining the net income, the expenditure on establishment, stationery and cost of maintenance on construction or forty per cent of the gross income, whichever is less, shall be deducted from the gross income. (5) After the issue of the notification under Sub-section (1), the State Government shall, as soon as possible on the recommendation of the Director, declare by notification, market yards and markets in the market area specifying the area over which each market shall extend around the respective market yard. (6) Subject to the provisions of this section and of the rule regulating the marketing of agricultural produce at any place in the market area, no person shall, on and after the date on which the declaration is made under Sub-section (5), without or otherwise than in conformity with the terms and conditions of a licence granted by— (a) the Director, when a market committee has not been constituted or has not started functioning; or (b) the market committee, in any other case— (i) use any place in the market area for the marketing of agricultural produce specified in the said declaration of (ii) operate in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor or warehouseman or in any other capacity in relation to the marketing of such agricultural produce : Provide that when any agricultural produce brought into any market area for the purpose of processing only, or for export, is not processed or exported therefrom within thirty days from the date of its, arrival therein, it shall, until the contrary is proved, be presumed to have "been brought into the market area for buying or selling : Provided further that nothing in Clause (i) shall apply to the retail sale by an agriculturist of his own produce, or to sale by a person not being a trader or agriculturist, where such person himself sells to another who buys for his personal consumption or his family. (7) Subject to the provisions of Section 3, the State Government may at any time by notification, exclude from a market area, any area comprised therein or any agricultural produce in relation to such market area, or include in any market area, any area or any agricultural produce included in a notification issued under Section 3.

The State Government shall establish a Market Committee for every market area in respect of the agricultural produce for which the said area is declared to be a market area under Section 4. It shall be the duty of the Market Committee to enforce the provisions of this Act, and the rules and bye-laws made thereunder and the conditions of the licence granted under Sub-section (3) of Section 4 in such market area and within such distance thereof as may be specified in the notification under Subsection (1) of Section 4 and, when so required by the State Government, to establish a market therein providing for such facilities as the State Government, may from time to time direct in connection with the purchase and sale of the agricultural produce concerned.

(1) Every Market Committee shall be constituted in the manner prescribed and shall consist of seventeen members, of whom– (i) four shall be persons elected by the licensed traders from among themselves; (ii) eight shall be persons elected by Organisation of agriculturists in the market area recognised by the State Government for the purpose and where no such Organisation exists, they shall be nominated by the Collector of the district ; (iii) two shall be persons elected by the local authorities within whose limits the market area is situated, of whom- (a) one shall be elected by the Councillors of the Municipality; and (b) the other shall be elected by the members of the Gram Panchayat : Provided that where the market area comprises areas included within more than one Municipality or, as the case may be, Grama Panchayat such member shall be elected by the Councillors of the Municipalities or, as the case may be, members of the Grama Panchayats, concerned, in the prescribed manner : Provided further that where the market area is only within the limits of a Municipality or Municipalities of, as the case may be, of a Grama Panchayat or Grama Panchayats both such members shall be elected by the Councillors of the Municipality or Municipalities or, as the case may be, by the members of the Grama Panchayat or Grama Panchayats, concerned, in the prescribed manner : Provided also that a person to whom a license has been granted under Sub-section (6) of Section 4 shall not be eligible for being elected under this clause; (iv) the remaining members shall be persons nominated by the State Government of whom one shall be person from amongst the members of the local Co-operative organisations; and the Collector of the district or such other Revenue Officer as the State Government may deem proper, to nominate. (2) Notwithstanding anything contained in Sub section (1) - (a) on the failure of the licensed traders, any Organisation or authority to elect a member under Sub-section (1) within a period of three months from the date of the occurrence of the vacancy, the State Government shall give notice in writing to the licensed traders, Organisation or authority concerned to elect a member within a month from the date of such notice and on the failure of the said traders, Organisation or authority again to elect a member within the said period, the State Government shall nominate a person on behalf of such traders, Organisation or authority as a member of the Market Committee ; and (b) wen a Market Committee is constituted for the first time, all the members of the Market Committee shall be person nominated by the State Government. (3) Every member of a Market Committee first constituted shall hold office for a term of two years from the date of the first general meeting of the Market Committee and every member elected or nominated thereafter shall hold office for a term of three years : Provided that notwithstanding the expiry of his term of office every member of the Committee shall continue to hold office until the date of the general meeting of the Committee next following the date of such expiry. (4) A member elected under Sub-Section (1) shall cease to hold office as such member if he ceases to be a member of the electorate by which one of the persons by whom he was elected, and in the case of a member elected under Clause (iii) of the said Sub-section, if he is granted a licence under Sub-section (6) of Section 4. (5) If at any time a vacancy occurs through the non-acceptance of office by a person elected or nominated or through the death, disqualification or resignation of a member or in the event of his ceasing to be a member before the expiry of his term of office, the vacancy shall be filled up by the election or nomination, as the case may be, of a person thereto in the manner specified above. Every such person shall hold office so long only as the member in whose place he is elected or nominated, would have held it if the vacancy had not occurred. (6) There shall be a Chairman and a Vice-Chairman for every Market Committee, who shall be nominated by the State Government. (7) No act done by a Market Committee shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Committee.

Every Market Committee shall be a body corporate by such name as the State Government may, by notification specify. It shall have perpetual succession and common seal, may sue and be sued on its corporate name and shall be competent to acquire and hold, lease, sell or otherwise transfer any property and to contract and to do all other things necessary for the purposes for which it is established.

A Market Committee may, subject to the provisions of this Act and the rules made thereunder by itself or conjointly and in co-operation with any other Market Committee, appoint one or move of its members to be a Sub-Committee or to be a Joint Committee a for the conduct of any work or to report on any matter as it may think fit.

(1) The Market Committee may employ such officers and employees as may be necessary for the management of the market and may pay such officers and employees such salaries as the market Committee thinks fit. (2) The Market Committee shall, in the case of any officer or employee of Government whom it employs, make such contributions towards his pension, gratuity and leave allowances as may be required by the conditions of his service to be paid by him or on his behalf. (3) The Chairman, Vice-Chairman, the Secretary and other officers and servants of the Board and Market Committee shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

(1) Every contract entered into by a Market Committee shall be in writing and shall be executed on behalf of the Market Committee by its Chairman, and two other members of the Committee. (2) No contract other than a contract executed as provided in Sub-section (1) shall be binding on Market Committee.

It shall be competent for a Market Committee to levy and collect such fees (hereinafter referred to as the market fees) not being less than one rupee from every purchaser for every hundred rupees worth of agricultural produce marketed in the market area in such manner as may be prescribed and at such rate as may be specified in the bye-laws : Provided that the rate of fees to be specified in the bye-laws shall not exceed three per cent of the value of agricultural produce sold in the markets within the market area Provided further that no such fees shall be levied and collected in the same market area in relation to any agricultural produce in respect of which fees under this section have already been levied and collected therein. Explanation :– For the purpose of this section all notified agricultural produce leaving a market yard shall unless the contrary is proved, be presumed to have ben brought within such yard by the person in possession of such produce.

(1) The Chairman, Secretary or any other officer or servant of the Market Committee duly authorised by it in this behalf may, for the purposes of this Act, require any person carrying on business in any kind of notified agricultural produce to produce before him the accounts and other documents and to furnish any information, relating to the stocks of such agricultural produce or purchase, sale and delivery of such agricultural produce by such person and also any other information relating to payment of market lees by such person. (2) All accounts and registers maintained by any person in the ordinary course of business in respect of any notified agricultural produce and documents relating to stock of such agricultural produce or purchase, sale and delivery of such produce in his possession and the office establishment, godown, vessels or vehicles of such person shall be open to inspection at all reasonable times to the officers or servants referred to in - Sub-section (1) duly authorised by the Market Committee in this behalf. (3) If any officer or servant of the Market Committee authorised under Sub-section (2) has reason to suspect that any person is attempting to evade payment of any market fees due from him under Section 11 or that any person has purchased or sold any agricultural produce in contravention of any of the provisions of the Act or the rules, or the bye-laws in force in the markets area, he may, after recording reasons therefore in writing, seize any books of account, registers or documents of such person as may be necessary on issue of proper receipt therefore and shall retain the same only so long as they are necessary for examination thereof or for prosecution. (4) For the purposes of Sub-sections (2) and (3) the officers and servants authorised thereunder shall have powers to enter into and search any place of business, warehouse, office, establishment, godown vessel or vehicle where such officer or servant has reason to believe that such person keeps or for the time being keeps any accounts, registers or documents of his business, or stocks of agricultural produce relating to his business. (5) The provisions of Section 100 of the Code of Criminal Procedure, 1973, (2 of 1974) shall, so far as may be, apply to a search under Sub-section (4). (6) Where any books of account or other documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, receipt of payment of money or sale or purchase of goods, such books of account or other documents shall be admitted in evidence without witness having to appear to prove the same and such entries shall be prima facie evidence of the matter, transactions and accounts purported to be therein recorded. (7) At any time where required by the Chairman, Secretary or any other officer or servant duly empowered by the Market Committee in this behalf, the driver or any other person in charge of any vehicle, vessel or other conveyance, which is taken or proposed to be taken out of the market area, shall stop the vehicle, vessel or other conveyance, as the case may be, and keep it stationary so long as may reasonably be necessary, and allow such officer or servants to examine the contents in the vehicles, vessel or other conveyance and inspect all records relating to the notified agricultural produce carried and give name and address of his own and those of the owner of the vehicle, vessel or other conveyance and of the owner of the notified agricultural produce carried in such vehicle, vessel or other conveyance. (8) The officer or servant of the Market Committee empowered under Sub-section (7) shall have power to seize any notified agricultural produce taken or proposed to be taken out of the market area in any vehicle, vessel or other conveyance, it such officer or servant has reason to believe that any fee or other amount due under this Act in respect of such produce has riot been paid and such seizure shall forthwith be reported by the officer or servant aforesaid to a Magistrate having jurisdiction to try the offence under this Act and the provisions of Sections 457, 458 and 459 of the Code of Criminal Procedure 1973, (2 of 1974) shall, so far as may be, apply in relation to notified agricultural produce seized as aforesaid as they apply in relation to property seized by a Police Officer. (9) The Market Committee may accept from any person who has committed or is reasonably suspected of having committed an offence against this Act or the rules or bye-laws, on admission, by way of composition of an offence-

(1) Notwithstanding anything contained in the Orissa Weights and Measures Act (VII of 1943), if any difference arises between any Inspector appointed under Section 15 of the said Act and any person interested as to the meaning or construction of any rule, or as to the method of verifying, auditing or stamping an weight or measure or measuring instrument in any market area, such difference may at the request of the party interested or by the Inspector of his own accord, be referred to the Market Committee and the decision of the Market Committee shall, subject to the provisions of Sub-section (2) be final and shall be deemed to have been given under Section 22 of the Orissa Weights and Measures Act, VII of 1943. (2) An appeal shall lie within the time prescribed from the decision under Sub-section (1) to the State Government or such officer as the State Government may appoint in this behalf. The decision of the State Government or such officer shall be final.

(1) A Market Committee may, with the previous sanction of the State Government, raise money required lot carrying out the purposes for which it is established on the security of any property vested in it and of any fees leviable by it under this Act. (2) The Market Committee may, for the purpose of meeting the initial expenditure on land, buildings and equipment required for establishing a market, obtain a loan from the State Government or the State Bank of India constituted under the state Bank of India Act, 1955 (23 of 1955) or any Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (33 of 1959) or a Bank specified in Column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or and corporate body including a company as defined in Section 3 of the Companies Act, 1956 (1 of 1956) in which not less than fifty-one per cent of the paid up share capital is held by the Central Government or the State Government or partly by the Central Government and partly by the State Government.

(1) All moneys received by a Market Committee shall be paid into a fund to be called "The Market Committee Fund" and all expenditure incurred by a Market Committee under or for the purposes of this Act, shall be defrayed out of the said fund. Any surplus remaining with the Market Committee after such expenditure has been met shall be invested as may be prescribed in this behalf. (2) Every Market Committee shall pay to the State Government the cost of any additional or special staff employed by the State Government in consultation with such Market Committee for giving effect to the provisions of this Act, in the market area for which such Market Committee is established. (3) The State Government shall determine the cost of such additional or special staff and shall, when their staff is employed for the purposes of more than one Market Committees, apportion such cost among the Committee concerned in such manner as it thinks fit. The decision of the State Government determining the amount payable by any Market Committee shall be final.

Subject to the provision of Section 15, the Market Committee Fund shall be expended for the following purposes, namely : (1) The acquisition of site for the market; (2) The maintenance and improvement of the market; (3) The construction and repair of building necessary for the purposes of the Act and for the health, convenience and safety of the persons using the market; (4) The provision and maintenance of standard weights and measures; (5) The pay, pension, leave allowance, gratuity, compensation for injury resulting from accident, compassionate allowance and contribution towards leave allowance, pension or provident fund of the officer, and staff employed by it; (6) The expenses of and incidental to elections; (7) The payment of interest on the loan that may be raised for the purposes of the market and the provisions of sinking fund in respect of such loan; (8) The Collection and dissemination of information regarding matter relating to crop, statistics and marketing in respect of the agricultural produce notified under Section 4; (9) Payment of the cost referred to in Sub-sections (2) and (3) of Section 14; (10) Propaganda in favour of agricultural improvement ; and (11) Such other expenses that may be necessary for carrying out the purposes of the Act.

When any land is required for the purpose of this Act, the State Government may, on the request of the Market Committee proceed to acquire it under the provisions of the Land Acquisition Act, 1 of 1894, or any other law for the time being in force, and on payment by the Market Committee, of the compensation awarded under the said Act or other law, as the case may be, and of all other charges incurred by the State Government on account of such acquisition, the land shall vest in the Market Committee. (b) the powers and duties of the officers and servants of the Board; (c) the salaries and allowances and other conditions of service of officers and servants of the Board; (d) the management of the property of the Board; (e) the execution of contracts and assurances of property on behalf of the Board; (f) the maintenance of accounts and preparation of balance-sheet of the Board; (g) the procedure for carrying out the functions of the Board under the Act ; and (h) any other matter for which provision is to be or may be made in the regulations.

No person shall make or recover any trade allowance, other than an allowance, prescribed by rules or bye-laws made under this Act, in any market area in any transaction in respect of the agricultural produce concerned and no Civil Courts shall, in any suit or proceeding arising out of any such transaction have regard to or recognise any trade allowance not so prescribed. Explanation :– Every deduction other than a deduction on account of deviation from sample when the purchase is made by sample or on account of deviation from standard when the purchase is made by reference to a known standard on account of difference between the actual weight of the container and the standard weight or on account of the admixture of foreign matter, shall be regarded as a trade allowance for the purpose of this section.

(1) The State Government may, if they think fit, on the recommendation of a Market Committee supported by two-thirds of its total number of members, remove any member of such Committee elected or nominated under this Act if such member has, in the opinion of the State Government, been guilty of neglect or misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member : Provided that no resolution recommending the removal of any member shall be passed by the Market Committee unless the member to whom it relates, has been given a reasonable opportunity of showing cause why such recommendation should not be made. (2) The decision of the State Government under Sub-section (1) shall be final.

(1) Whoever– (a) in contravention of Section 4 establishes a market or uses any place in the market area for marketing of any agricultural produce or operates as a trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman or in any other capacity without a licence shall, on conviction be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 1,000 or with both and in the case of continuing contravention with a further fine which may in the case of contravention of Sub-section (3) of the siad section extend to Rs. 100 and in any other case to Rs. 50 per day during which the contravention is continued after the first conviction; (b) in contravention of Section 11 evades or tries to evade payment of market fees of cess or obstructs any officer or servant of a Market Committee in the exercise of his power of inspection and seizure under Section 12 shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 500 or with both ; and (c) makes of recovers any trade allowance other than an allowance prescribed by rules or bye-laws made under this Act shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to Rs. 500 or with both. (2) Whoever contravenes any provision of this Act, or the rules or bye-laws made thereunder, shall, if no other penalty is provided for the offence, on conviction, be punishable with a fine which may extend to Rs. 200.

(1) No offence under this Act or any rule or bye-laws made thereunder, shall be tried by a Court other than, that of a Judicial Magistrate of the list class or that of a Judicial Magistrate of the second class specially empowered in this behalf. (2) Prosecution under this Act or any rule or bye-laws made thereunder, may be instituted by any person duly authorised in writing' by the Market Committee, in this behalf.

No suit shall be instituted against any Market Committee or any member, officer or employee thereof, any person acting under the direction of any such Market Committee, member, officer or employee for anything done or purporting to be done, in good faith as such member, officer or employee under this Act or any rule or bye-law made thereunder until the expiration of two months next after notice in writing stating the cause of action, the name and place of adobe or the intending plaintiff and the relief which he claims, has been in the case of Market Committee, delivered or left at its office, and in the case of any such member, officer, employee or person as aforesaid, delivered to him or left at his office or usual place of adobe, and the plaint shall contain a statement that such notice has been so delivered or left. (2) Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of the alleged cause of action. (3) Nothing in this section shall be deemed to apply to any suit instituted under Section 54 of the Specific Relief Act, 1 of 1877.

Every sum due to a Market Committee or the Board on account of any charges, costs, expenses, fees, rent or any other account under the provisions of this Act or the rules or bye-laws made thereunder and., every sum due from a Market Committee or the Board to the State Government shall be recoverable as arrears of land revenue.

The State Government may at any time call for and examine the proceedings of any Market Committee for the purpose of satisfying itself as to the legality or property of any decision or order passed by the Committee. If from the record of such proceedings it appears to the State Government that any such decision or order should be modified, annulled or reversed, the State Government may pass such orders thereon as they deem fit.

The State Government may, by notification, add to amend of cancel any of the items of agricultural produce specified in the Schedule.

(1) The State Government may, either generally or specially for any market area or market areas, make rule for the purposes of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters : (a) The election and nomination of member of the Market Committee the manner of election, the preparation and revision of lists of voters from time to time and the payment of all expenditure in connection with or incidental to such election. (b) The powers to be exercised and the duties to be performed by the Market Committee and its Chairman; (c) The term of office of the Chairman and Vice-Chairman of the Market Committee; (d) The filling of casual vacancies in the office of the Chairman, Vice-Chairman or Member of the Market Committee; (e) The management of the market, maximum fees which may be levied by the Market Committee in respect of agricultural produce in pursuance of Section 11; (f) The issue of licence to brokers, weighmen, measurers, surveyors, warehousemen and other persons operating in the market. The form in which, and the conditions subject to which such licence shall be issued or renewed and the fees to be charged therefore and the cancellation of such licence; (g) The procedure, manner and the authority to which appeal shall lie against orders passed by the Market Committee under Sub-section (1) of Section 12; (h) The kind and description of the weights and measures and the weighing and measuring instruments which alone shall be used in transactions in agricultural produce in a market area; (i) The periodical inspection of all weights and measures and weighing and measuring instruments in use in a market area; (j) The manner of control and supervision to be exercised by the Market Committee over Inspectors appointed under Section 15 of the Orissa Weights and Measures Act, VII of 1943; (k) The time within which an appeal shall lie to the State Government or the officer appointed by it in that behalf under Sub-section (2) of Section 13; (l) The trade allowance which may be made or received by any person in any transaction in the agricultural produce in a market;

(1) Subject to any rules and regulations made under this Act, and with the previous sanction of the Director or any other officer specially empowered in this behalf by the State Government a Market Committee may, in respect of the market crop for which it is constituted or any market established therein, make bye-laws for the regulation of the business (including meeting, quorum and procedure) of the Market Committee, and the conditions of trading in the market area including the rates and manner of collection or refund of market fees or any other fees levied under this Act. (2) Where a Market Committee fails to make by laws under this section within six months from the date on which the Orissa Agricultural Produce Markets (Amendment) Act, 1984 (Orissa Act 27 of 1984) comes into force or the date of its constitution, whichever is later, the Director may make such bye-laws as he may think fit and bye-laws so made shall remain in operation in relation to that Market Committee, until the Market Committee makes its bye-laws duly approved by the Director. (3) Notwithstanding anything contained in this Act or the rules, regulations or bye-laws made thereunder, if the Director considers that an amendment, alteration or rescission of any provision of the bye-laws or adoption of any new bye-laws is necessary or desirable in the interest of a Market Committee, he may, by an order in writing to be served on the Market Committee, direct to make such amendment, alteration or rescission of such provision or provisions or adoption of any new bye-laws within such time as may be specified in such order. (4) If the Market Committee fails to make the amendment, alteration or rescission or to adopt the new bye-laws within the time specified by the Director in his order under Sub-section (3), the Director may, after giving the Market Committee an opportunity of being heard, register such amendment, alteration or rescission of the bye-laws or the adoption of such new bye-laws, as the case may be, and issue a certified copy thereof to the Market Committee. (5) The Market Committee may, within thirty days from the date of issue of the certified copy referred to in Sub-section (4), appeal against such order to the State Government. (6) Where an appeal is presented within the period specified in Sub-section (5), the amendment, alteration or rescission of the bye-laws or the adoption of new buy-laws shall not come into force till the order is confirmed by the State Government. (7) A certified copy of the amendment, alteration, rescission or the new bye-laws registered by the Director under Sub-section (4) shall, subject to the result of appeal, if any, under Sub-section (6), be conclusive evidence that the same has been duly registered and such amendment, alteration, rescission or new bye-laws shall be deemed to have been made by the Market Committee. (8) Any bye-laws made under this Act may provide that any contravention thereof shall, or conviction, be punishable with fine which may extend to one hundred rupees.

The State Government may delegate to any of its officers any of the powers conferred on it by or under this Act.

The Madras Commercial Crops Markets Act, XX of 1933, is hereby repealed.

I. Fibres - (1) Cotton (ginned and unginned) : (2) Sunhemp (3) Jute. II. Cereais - (1) Wheat; (2) Paddy (husked and unhusked) (3) Jowar; (4) Baira; (5) Maize ; (6) Ragi (Mandia) ; (7) Suan ; III. Pulses - (1) Harad (Red gram) ; (2) Biri (Black gram) ; (3) Mung (Green gram) ; (4) Kolthi (Horse gram) ; (5) Buta (Bengal gram) ; (6) Chana ; (7) Khesari ; (8) Jhudang ; (9) Kandula (Hill gram). IV. Oilseeds - (1) Groundnut (Shelled and unshelled); (2) Linseed; (3) Sesamum ; (4) Niger (Tila) ; Mustard ; (6) Cocoanut, (7) Cotton seed; (8) Castor seed. V. Narcotics - Tobacco. VI. Gur and Sugarcane. VII. Fruits - (1) Mango ; (2) Orange ; (3) Lemon ; (4) Banana (5) Sapeta ; (6) Melon ; (7) Jack Fruits ; (8) Papaya ; (9) Tamarind. VIII. Vegetables - (1) Potato ; (2) Onion ; (3) Tomato ; (4) Saru (5) Leafy and fresh vegetables; (6) Sweet potatoes. IX. Animal Husbandry Products - (1) Eggs ; (2) Poultry ; (3) Cattle ; (4) Sheep ; (5) Goat. X. Fish. XI. Condiments, spices and others - (1) Turmeric; (2) Ginger (3) Garlic ; (4) Corrianders ; (5) Chillies (6) Betel leaves, (7) Cashewnuts. XII. Gross and fodder. –––––––