section 46
Power to make rules
The Sikkim Agriculture Produce Market Act, 1993The State Government may either generally or specially for the Board or market area or market areas make rules after previous publication for carrying out the purposes of this Act. In particular and without prejudice to the generality of the foregoing power, such rules may provide for any or all of the following matter, namely:— (a) the power to be exercised and the duties to be performed by a market committee and its president and secretary; (b) the management of the market, minimum and maximum fee which may be levied and collected by the market committee, the method, manner and mode of collection of such fee in respect of such agricultural produce sold and resold in the market area; (c) the issue of licences to traders, persons and firms engaged in processing of agricultural produce, to commission agents, brokers, weighmen, surveyors, warehousemen and the cancellation and suspension of such licence and the category of such other persons operating in a market area as may be determined by the Board, and the form in which and the conditions subject to which such licences shall be issued, cancelled or renewed; (d) the method and manner of holding meetings, the procedure to be followed at such meeting and the powers to be exercised at such meetings; (e) the persons by whom and the form in which copies of documents, entries in the books of a market committee may be certified and the charges to be levied for the supply of such copies; (f) the kind and description of the weights and measures and weighing and measuring instruments which shall be used in the transactions of agricultural produce in any market areas; (g) providing for the periodical inspection of all weights and measures and weighing and measuring instruments in their market areas; (h) the manner in which the inquiry and inspection of the Board or market committee shall be held; (i) the matter in respect of which the Board or market committee may make bye-laws and the procedures to be followed in making, amending or rescinding the bye-laws; (j) the declaration of the market proper and market yards; (k) the condition of service, recruitment, provident fund, pension, and such other terms and conditions as may be required for the employment of the staff of the Board and market committee; (l) the trade allowance which may be made or received by any person in any transaction in any agricultural produce in a market area; (m) the prohibition of brokers for acting any transaction on behalf of both the buyers or sellers; (n) the provision of accommodation for storing any agricultural produce brought into the market; (o) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of a market committee, and the grant of sanction to such plans and estimates; (p) the form in which the accounts of the Board or a market committee and the grant and sanction to funds and estimates shall be kept, the audit inspection and publication of such account and audit report and the inspection thereof and supply of copies of such accounts and reports; (q) the preparation and submission for sanction of the annual budget and the report and returns to be furnished by the Board or market committee; (r) the investment and disposal of the surplus funds of a market committee; (s) the regulation of advances to be given to agriculturist by brokers, commission agents or traders; (t) the preparation of classification of agricultural produce, the grading and standardisation of agricultural produce; (u) the keeping of a list of prices of agricultural produce; (v) the manner in which auctions of agricultural produce shall be conducted and bids made and accepted in any market; (w) the recovery and disposal of cost leviable by or under this Act; (x) any other matter which is to be or may be prescribed. Any rule made under this Act may provide that any contravention thereof, or any of the conditions of licences issued or renewed, the offender shall, on conviction, be punishable with fine which may extend to five hundred rupees.
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