Chapter IV POWERS AND DUTIES OF MARKET COMMITTM.

Without prejudice to the generality of the powers conferred and duties imposed upon it by or under this Act, a market committee may: (1) construct, maintain and manage the buildings or structures in the market area; (2) provide, maintain and manage any instruments or implements required in the market; (3) grant, renew, refuse, suspend or cancel licences to carry on wholesale trade in the market; (4) regulate the entry of vehicular traffic into the market area and set up check posts or erect barriers or both at such place or places as may be necessary; (5) collect or maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movement of specified commodities; (6) provide for the licensees and other persons visiting the market, common services including transport, grading, weighing, restaurants, petrol pumps, and temporary accommodation for persons visiting the market; (7) enforce the provisions of this Act, rules, bylaws made thereunder and conditions of the licences granted under this Act; and (8) perform such other functions and duties as may, from time to time, be necessary or expedient for the purpose of maintaining or managing the market.

(1) It shall be competent to a market committee to levy and collect fees in such manner and at such rates as may be laid down in the bylaws,—(a) subject to the provisions of sub-section (2) of section 25, for stalls, offices, shops, godowns, and other open spaces in the market area; (b) for the grant and renewal of licences; (c) for any common services, amenities and facilities provided or arranged by the market committee; (d) for the entry of vehicles and goods into the market area; and (e) for any other matter for which fee is to be or may be levied and collected by it. (2) The bill for determination of fee or other amount payable under this Act shall be sufficient evidence in any prosection or other proceedings. (3) The validity of the levy or collection of any fee or other amount made under this Act or the liability of any person to any fee or other amount so assessed or levied shall not be questioned in any criminal court in any prosecution or other proceeding, whether under this Act or otherwise.

(1) Notwithstanding anything contained in sub-section (2) of section 5, a market committee shall not, except with the concurrence of the local authority and the previous sanction of the Government, transfer by sale, lease, exchange, mortgage or otherwise any land or building vested in it or acquired by it and situated in the market area. (2) Subject to the provisions of sub-section (1), the market committee may dispose of by sale, lease, exchange, mortgage or otherwise any building, stall, shop, stand, enclosure or things attached to the land or permanently fastened to anything attached to the land, subject to such conditions and such limitations as may be determined by bylaws made in that behalf.

(1) Every contract entered into by the market committee shall be in writing and shall be signed on behalf of the market committee by the Chairman, the Chief Administrative Officer and one other member of the market Committee, or where a Special Officer has been appointed under sub-section (1) of section 42 in respect of a market committee, such Special Officer and the Chief Administrative Officer. (2) No contract other than a contract executed as provided in sub-section (1) shall be binding on the market committee.

Any land acquired for the purpose of this Act shall be deemed to be land needed for a public purpose, within the meaning of the Land Acquisition Act, 1894 and such land may be acquired under the said Act.

(1) Where any land is required for the purposes of this Act, the market committee may make an application to the Government for acquiring such land under the Land Acquisition Act, 1894. (2) On receipt of an application under sub-section (1), if the Government are satisfied that the land specified in the application is needed for a public purpose specified therein, they may acquire such land in accordance with the provisions of the Land Acquisition Act, 1894.

(1) There shall be a Chief Administrative Officer for every market committee, who shall be appointed by the Government. (2) The market committee may, with the approval of the local authority, appoint other officers and servants as are necessary for the efficient performance of its functions. (3) The Chief Administrative Officer and other paid officers and servants of the market committee shall be whole time Government servants. (4) The salaries, allowances, pensions and other remuneration of the Chief Administrative Officer and other paid officers and servants of the market committee shall be paid in the first instance from the Consolidated Fund of the State and the market committee shall, out of the Market Committee Fund, repay to the Government the amount paid by the Government under this sub-section. (5) Notwithstanding anything contained in this Act and subject to the provisions of Article 311 of the Constitution, the Government may make rules regulating the conditions of service of the Chief Administrative Officer and other paid officers and servants of the market committee.

(1) Subject to the superintendence, direction and control of the market committee, all the executive functions of the market committee shall be exercised by the Chief Administrative Officer. (2) Without prejudice to the provisions of sub-section (1), the Chief Administrative Officer shall (a) supervise the financial and executive administration of the market committee and exercise such powers and perform such duties and functions as may be conferred or imposed upon him by this Act or the rules made thereunder; and (b) be responsible for the collection of all sums due to the market committee and the payment of all sums payable by the market committee.

No act or proceeding taken under this Act by the market committee shall be invalidated merely on the ground: (a) of any vacancy or defect in the constitution of the market committee; (b) of any defect or irregularity in the appointment of a person acting as a member thereof; or (c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.

(1) All moneys received by a market committee shall be paid into a fund to be called the "Market Committee Fund". All expenditure incurred by the market committee under, or for the purposes of, this Act shall be defrayed out of the said fund; and any surplus remaining after such expenditure has been met shall be invested in such manner as may be prescribed. (2) (a) Every market committee shall, in addition to the amounts payable under sub-section (4) of section 29, out of the Market Committee Fund pay to the Government the cost of any special or additional staff employed by the Government in consultation with the market committee for giving effect to the provisions of this Act in the market area. (b) The Government shall determine the cost of special or additional staff and shall, where the staff is employed for the purposes of more than one market committee, apportion such cost among the market committees concerned in such manner as they think fit. The decision of the Government determining the amount payable by any market committee shall be final. (3) All amount received to the credit of the Market Committee Fund shall be kept or invested in such manner as may be prescribed.

Subject to the provisions of section 32, the amount standing to the credit of the Market Committee Fund may be expended for all or any of the following purposes, namely :- (a) acquisition or requisitioning of any site or building or purchase of other assets for the market committee for carrying out the purposes for which it is established ; (b) establishment, maintenance and improvement of the markets and providing such facilities in the market as the Government may direct under section 18 ; (c) construction and repair of buildings necessary for the purposes of the market committee and for the health, convenience and safety of the persons working in the market; (d) provision and maintenance of standard weights and measures ; (e) payment of amount to the Government under sub-section (4) of section 29 ; (f) payment of amount under sub-section (6) of section 42 ; (g) payment of interest on loans that may be raised by the market committee for carrying out the purposes for which it is established and the provision of a sinking fund in respect of such loans ; (h) collection and dissemination of information regarding all matters relating to statistics and market intelligence within the markets in respect of the specified commodities ; (i) payment of premium on the insurance policies of the properties of the market committee.

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(1) Any officer, servant or member (including the Chairman and Vice-Chairman) of the market committee shall furnish such information in his possession in regard to the affairs or proceedings of the market committee, as the local authority or any officer authorised by it or, as the case may be, any officer authorised by the Government, may require him so to do. (2) An officer holding an enquiry into the affairs of the market committee or examining the proceedings under section 38 shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely :- (a) discovery and inspection ; (b) enforcing the attendance of any person and examining him on oath ; (c) compelling the production of books of account and other documents; and (d) issuing commissions.