The State Government may issue to the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act and Board shall give effect to all such directions.

Revision

Notwithstanding anything in this Act, the State Government shall have the power of reversing or modifying any order of the Board or any of its officers passed or purporting to have been passed under this Act, if it considers it to be not in accordance with this Act, or the rules or bye-laws made there under.

43 Power to make Rules

1. (1) The State Government may by notification 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 — 3[(i) the appointment or nomination of members of the Board and Committees and their removal]; 4[(ia) the definition of practices at elections held under the provisions of this Act which are to be deemed to be corrupt and the ground or grounds which will constitute failure of justice;
   • (ib) the investigation of allegations of corrupt practices; (ic) prescribing the authority by which questions relating to the matters referred to in section 17-A shall be determined and the powers to be exercised and the procedure to be followed by it in the trial of election petitions;
   • (id) prescribing the security to be furnished with an election petition and other conditions on which such a petition may be presented];
     • (ii) the powers to be exercised and the duties to be performed by the Board or committees and their officers and servants; 1 Omitted by Punjab Act 40 of 1963. • Powers of the Board under section 39(2) have been delegated to the Secretary Board vide Govt. memo No. 18 (50)•M•I- 87/1048 dated 8-12-1987. 2 Added vide Punjab Act No. 22 of 1978 3 Substituted vide Punjab Act No.5 of 1996. 4 Inserted vide Punjab Act No. 34 of 1976.
     • (iii) the 1[appointment] of the Chairman and Vice-Chairman of Committees, their powers and term of office;
     • (iv) the filling of casual vacancies in the office of members or in the office of Chairman or ViceChairman of Committees;
     • (v) the time, place and manner in which a contract between buyer and seller is to be entered into, continued and carried out and the money is to be paid to the seller;
     • (vi) generally for the guidance of the Board or Committee;
     • (vii) management of the Market, maximum fees which may be levied by a Committee in respect of the agricultural produce bought or 2[sold by licensees or sold by producer] in the notified market area, and the manner and the basis thereof, and the recovery and disposal of such fees;
     • (viii) the issue by a Committee of licences to brokers, weigh men, measurers, surveyors, godown keepers or other functionaries, the form in which, and the conditions under which, such licences shall be issued or renewed and the fees, if any, to be charged thereof;
     • (ix) the issue by the 3[Secretary of the Board] of licences to dealers, the form in which, and the conditions under which, such licences shall be issued or renewed and the fees, if any, to be charged thereof;
     • (x) the place or places at which agricultural produce shall be weighed, the kind and description of bardana to be used and the quantity of the produce to be filled and of the scales, not being hand scales (Takri), weights and measures which alone may be used in transactions in agricultural produce in notified market area;
     • (xi) the inspection, verification, regulation, correction and confiscation of scales, weights and measures in use in a notified market area ;
     • (xii) the trade allowance which may be made or received by any person in any transaction in an agricultural produce in a notified market area;
     • (xiii) the provision of facilities for the settlement by arbitration or otherwise of any dispute between a buyer and a seller of agricultural produce or their agents, including disputes regarding the quality or weight of the article, the price or rate to be paid, allowances for wrappings, dirt or impurities or deductions for any cause;
     • (xiv) the prohibition of brokers from acting in the same transaction on behalf of both the buyer and the seller of agricultural produce;
     • (xv) the provision of accommodation for storing any agricultural produce brought into the market;
     • (xvi) the preparation of plans and estimates for work proposed to be constructed partly or wholly at the expense of the Board or a Committee, and the grant of sanction to such plans and estimates;
     • (xvii) the form in which the accounts of a Committee shall be kept, the audit and publication of such accounts, the charges, if any, to be made for such audit; (xviii) the management and regulation of provident funds which may be established for the benefit of the employees of the Board or Committees; 1 Substituted vide Punjab Act No.5 of 1996. 2 Inserted vide Punjab Act No.3 of 1983. 3 Substituted for the word “Chairman of the Board” vide Punjab Act 40 of 1963.
     • (xix) the preparation and submission for sanction of an annual budget and the reports and returns to be furnished by the Board or Committees;
     • (xx) the investment and disposal of the surplus funds of the Board or Committees;
   • (xxi) the manner in which auctions of agricultural produce shall be conducted and bids made and accepted in any market.
   • (xxii) any matter in respect of which fees shall be payable under this Act, and fixing the amount of such fees and the mode of payment and recovery thereof (xxiii) exemption of classes of person from the obligation of obtaining licences under section6;
   • (xxiv) the authority to which application for obtaining licences shall be made;
   • (xxv) The authorized or disposal of fees recoverable there under or under any rules or bye-laws made under this Act;
   • (xxvi) The authorize and other allowances that may be 1[paid to the Chairman, Vice Chairman, members and employees of the Board], 2[ ... ] and Committees; (xxvii) the settlement of any question as to whether any person is a producer or not; 3[(xxvii-a) operation of Marketing Development Fund.]; (xxviii) service rules, recruitment rules, provident fund rules, pension rules and such other rules as may be required for the employment of the staff of the Board and committees;
   • (xxix) the penalties to be imposed upon the employees of the Board and Committees including the manner of imposing such penalties and the right of appeal against such penalties; (xxx) nature and status of the servants of the Board and Committees;
   • (xxxi) Imposing on persons holding licences under this Act, the duty of making returns to Committee at regular Intervals of transactions of sale, purchase, storage and processing affected by them or at their places of business and of producing accounts for inspection and furnishing information, when called upon by an authority duly empowered, and prescribing the form and mode of verification of, and the particulars to be entered in, such returns as well as the nature of such information; (xxxii) the regulation of advances, if any, given to producers by brokers or dealers; (xxxiii) the prevention of adulteration of the agricultural produce; (xxxiv) the grading and standardization of the agricultural produce; 4[(xxxv) to acquire, hold, sell, lease or otherwise transfer movable and immovable property; (xxxvi) for all other activities related to creation of market infrastructure, regulatory mechanism and specialized management of a particular market yard; (xxxvii) for any other matter which is required to fulfill the purposes and objectives under this Act or the rules made there under; 1 Substituted by vide notification no. 30 legal/2010 dated 22-11-2010 (Punjab Act no. 22 of 2010) 2 The words “Advisory committee” have been omitted vide Punjab- Act No. 13 of 1979. 3 Inserted vide Punjab Act No. 13 of 1979. 4Inserted vide The Punjab Agricultural Produce Markets (Second Amendment) Act, 2017 Punjab Act No. 17 of 2017 (xxxviii) for granting the licenses to special market yard, private market yard, e-trading platform, direct marketing, producer and consumer market yard, producer market yard (Kissan Mandi) and establishing regulatory system, creating infrastructure, sharing of market fee or additional fee, if any, and user charges realized and any other activities related thereto; (xxxix) for all other activities related to establish regulatory system and create infrastructure for the better marketing of agricultural produce; ( xl) for establishing of regulatory system and creating infrastructure for e-Kissan Mandi, emarketing and e-trading;
   • (xli) for the manner for establishment , functioning and funds for market extension and training cell;
   • (xlii) for the grades and standards to be set up and certification, the establishment, finances and functioning for Agricultural Produce Marketing Standards Bureau; (xliii) for the areas for development and procedure for public private partnership; and
   • (xliv) to define policy for construction, repair, maintenance of rural link roads and passages." ,]
3. (3) The rules made under this section may provide that any contravention thereof or any of the conditions of any licence issued or renewed there under shall be punishable with fine which may extend to five hundred rupees.