The Markets Act (Travancore), 1917 Complete Act - Bare Act

[Pub. in Gazette dated 7-8-1917]

[4^th August 1917]

Whereas it is deemed necessary to define and amend the law relating to the holding of Markets in Travancore:

(1) This Act may be called "The Travancore Markets Act VII of 1092".

(2) It extends to the whole of Travancore.

(3) It shall come into force on the 1st Chingam 1093.

Nothing contained In this Act shall apply to markets within the limits of "Towns" constituted under Regulation III of 1076.

In this Act, unless there is something repugnant in the subject or context-

(1) 'Public market' means any market constructed, repaired or maintained by Our Government:

(2) 'Private market' means any other market:

(3) 'Division Peishkar' means the Peishkar or Commissioner of the Division within whose jurisdiction the market is situate.

[Added by Regulation VI of 1109] [(4)'Market' means any place set apart, or ordinarily or periodically used, for the assembling of persons for the sale or purchase of grain, fruit, vegetables, meat, fish or other perishable articles of food or for the sale or purchase of live-stock or poultry or of any agricultural or industrial produce or any row or manufactured products or any other article or commodity necessary for the convenience of life.

Provided that a single shop or a group of shop not being more than six in number shall not be deemed a market.

Explanation:- A declaration by Our Government that any place used for the sale of any articles is a market shall be conclusive proof of the place being a market for the purposes of this Act.

Provided that no such declaration shall be made in respect of any single shop or of any group of shops not being more than six in number and that any such declaration may at any time be cancelled by Our Government.

[Added by Regulation VI of 1109] [ x x x x ]

(1) Provision of public Markets:-Our Government may provide places for use as public markets and for such purposes acquire any land under Regulation IX of 1089 or by purchase, lease or other wise.

(2) The Division Peishkar may, subject to the sanction of Our Government, charge rents and fees for the use of, or right to expose goods for sale in, public markets, and for the use of shops, stalls, sheds, pens and stallages, therein, and may with the like sanction, let on lease or farm the stallages, rents and fees, leviable thereon as aforesaid or any portion thereof.

The lessee or farmer and all persons employed by him in the management and collection of stallages, rents and fees referred to under sub-section (2) of the last foregoing Section shall in respect thereof-

(a) be bound by any orders made by the Division Peishkar for their guidance;

(b) have Such powers exercisable by Officers of Our Government under this Act as Our Government may from time to time confer upon them; and

(c) be entitled to the same remedies and be subject to the same responsibilities as if they were employed by Our Government for the management and collection of the said stallages, rents and fees.

Our Government may close any public market or any part thereof.

The Division Peishkar or any person authorized by him in writing in this behalf may expel from any such market any person who, or whose servants, may be convicted of disobeying any Rules made for the regulation and control of such market, and may prevent such person, by himself or his servants, from further carrying on any trade or business in such market, or occupying any stall, shop or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop or other place.

Whoever, without the permission of the Division Peishkar, sells or exposes for sale any article within a public market shall be liable to a fine not exceeding twenty rupees for each offence.

No place shall be used as a private market without a license from the Division Peishkar.

Application for licenses to open newly or to continue to use private market shall be made to the Division Peishkar by the owners thereof not less than sixty days before they open them or before the commencement during which they intended to continue to use them.

Such applications shall specify-

Contents of application:-

(a) the name of the place at which it is proposed to establish a new market or to continue an existing one;

(b) the days on which it is to be held;

(c) the name of the place where the nearest existing market is held and the days on which it is held,

(d) the distance in English miles between the two places; and

(e) in the case of a new market, the reasons of the applicant for desiring to establish the same.

If the application be for the establishment of a new market, the Division Peishkar shall issue a Notification in Our Government Gazette stating the desire of the applicant to establish a market at the place named by him and days on which it is proposed to be held, and calling upon any person who may have any objection to the establishment of the market to state his objection, in writing within four weeks from the date of publication of the Notification.

The Notification shall be fixed in a conspicuous place in the village or town in or near to which it is proposed that the new market shall be held, and a copy of the same shall be affixed at the Taluk Cutcherry within the jurisdiction of which the village or town is situated, and in the Division Peishkars office.

Notice to landowner of neighboring market:-

If it shall appear that any existing market is held within a distance of three miles from the place where it is proposed that the new market shall be established, the Division Peishkar shall cause a notice, to the effect of the Notification, to be served upon the owner of the land where such existing market is held.

The Notification and notice (If any) shall be issued and served at the expense of the applicant.

If, within the time specified, any objection is preferred, the Division Peishkar shall inquire into the objection and pass such order as may appear proper in the circumstances of the case..

(1) The Division Peishkar may at his discretion grant any license applied for under Section II either unconditionally or subject to such restrictions and conditions as he thinks proper; or he may refuse to grant any such license. Every license shall be given under the signature of the Division Peishkar.

(2) Power to suspend or revoke licenses:-

Any license granted under this Act may at any time be suspended or revoked by the Division Peishkar, if any of its restrictions or conditions is infringed or evaded by the person to whom the same has been granted or if the said person is convicted of an infringement of any of the provisions of this Act or Rule made hereunder In any matter to which such license relates.

(3) Notice of grant, etc. of license to be posted up:-

When a license to open market Is granted or when a license is refused, suspended, or revoked under this Section, the Division Peishkar shall cause a notice of such grant or refusal, suspension or revocation, in English and the Vernacular language for the Taluk, to be posted in some conspicuous place at or near the entrance to the place in respect of which the license was sought.

(4) License to expire at end of year:-

Every license granted under this Section shall expire at the end of the official year in which the market in respect of which the license has been issued is newly opened, or at the end of the official year for which it has been granted, as the case may be.

(5) Effect of neglect to pass orders by the Division Peishkar.--

If the Division Peishkar neglects to pass orders upon an application for a license under this Section and to communicate the same to the applicant within sixty days after the receipt of the application, the applicant may open the place in respect of which the application was made, or, as the case may be, continue to use such place during the official year for which the license was sought and the said place shall be duly licensed for the official year during which it was opened or for which the license was sought, as the case may be.

Provided that nothing in this Sub-Section shall exempt the applicant from payment of license fee to which he may be otherwise liable.

Provided further that nothing in this Sub-Section shall be construed to authorize any person to act in contravention of any Rule made under this Act.

(6) Effect of suspension revocation or expiry of the period of license:-

When any such license is suspended or revoked, or, when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this Act, be deemed to be without a license, until the order for suspending or revoking the license is cancelled, or until the license is renewed, as the case may be,

(7) Power to demand production of license.--

Every person to whom any such license has been granted shall, at all reasonable times, while such license remains in force, if so required by the Division Peishkar or any person authorized by him in this behalf produce' such license.

It shall be lawful for Our Government, in cases where they may deem it necessary, to direct the levy of such fees, as they may deem fit, for the issue of licenses under this Act.

(1) Whoever keeps open a private market without a license or otherwise than in conformity with the terms of a license shall be liable to a fine not exceeding fifty rupees.

(2) Penalty, for selling unlicensed private market:- Whoever sells or exposes for sale any article in an unlicensed private market shall be liable to a fine not exceeding twenty rupees.

Explanation:- A market is unlicensed within the meaning of this Section if the license for the use thereof has expired or has been cancelled or suspended.

Every owner, farmer or occupier of any private market shall-

(a) construct such approaches, entrances passages, gates, drains, and cess pits therein,

(b) cause such market to be roofed and paved with such materials and in such manner,

(c) provide for such supply of water to such market, and

(d) make such alterations in the stalls, passages, shops doors of other parts of the said market or place, as the Division Peishkar may in each case direct.

(1) If such owner farmer, or occupier after notice given to him by the Division Peishkar directing him to carry out, within a period to be specified in the notice, or within such further period as the Division Peishkar may allow, any of the measures provided in the last preceding Section, fails to comply with such notice, the Division Peishkar may suspend, with hold or refuse the license until the notice shall have been complied with; and any person opening or keeping open any such market after such withholding, suspension or refusal shall be liable to a fine not exceeding twenty rupees for every day on which he is convicted of having opened or kept open such market or place.

(2) Any owner, farmer, occupier, agent or manager in charge of any such market, or of any shop, stall, shed or other place therein, who keeps the same so that it is a nuisance, or who does not cause anything that is a nuisance he at once removed to a place to be notified by the Division Peishkar, shall be liable to a fine not exceeding twenty rupees for each offence.

The Division Peishkar may close any private market in respect of which no license has been supplied for; or any private market the license for which has been refused, suspended or revoked of entry and Inspection

(1) Any Magistrate or any person authorized by the Division Peishkar in writing in this behalf may at all reasonable times and without notice enter into a market or shop, stall or other place therein and inspect any article of food or drink intended for human consumption therein,

(2) It the inspection is made by a Magistrate and he finds such article or food or drink therein intended for human consumption is unfit therefor, he may order the same to be destroyed or so disposed of as to prevent its being exposed for sale or used for human consumption.

(3) (i) If, however, the inspection is made by any other person authorized under sub-section (1) and if any article of food or drink therein appears to be intended for human consumption and unfit therefore, he may seize and after giving receipt therefore remove the same and cause the same to be produced before a Magistrate.

(ii) If such Magistrate finds that the articles produced before him are fit for human consumption, he may make an order directing the return of such articles or such portion hereof as may be in good condition to the owner or to the person in whose possession such articles were found and providing for the payment by Our Government of such reasonable amount as the Magistrate considers will compensate such owner or person for any loss or depreciation that may have been caused by such detention.

(1) Any Magistrate or any person authorized by the Division Peishkar in writing in this behalf may, at all reasonable times and without notice, enter into any market or any stall, stop or other place therein used for the sale of any goods food or drink, and may inspect any instrument for weighing, weights or measures found therein and test the same, and may seize any such instrument for weighing, weight or measure, with such Magistrate or the person so authorized reasonably believes to be false or not in accordance with the provisions of Regulation VI of 1085 or any Rule framed by Our Government thereunder, and may take the same to be examined or tested by the Officer appointed for the purpose.

(2) Every person for the time being in charge of or employed in such market, stall, shop or place shall, if so requested by the person making such inspection, produce for such inspection and comparison, all instruments for weighing, weights and measures kept therein.

Whoever in contravention of the provisions of this Act refuses to suffer inspection of any article of Food or drink intended for human consumption or any weights or measures or any instruments for weighing therein or in contravention of the provisions of this Act refuses to produce any weight, measure or instrument for weighing to which he has access shall be liable to a fine which may extend to one hundred rupees.

(1) Unless otherwise expressly provided no Court shall take cognizance of any offence punishable under this Act or any Rule thereunder, except on the complaint of or upon information in writing received from, the Division Peishkar or some person authorized by him in writing in this behalf.

(2) The Division Peishkar may authorize any person under Sub-Section (I) to make complaints or give information without previous reference to him, either generally in regard to all offences against this Act and the Rules thereunder or particularly in regard only to specified offences or offences of a specified class, and may at any time withdraw such authorization.

(1) The Division Peishkar may accept from any person, against whom a reasonable suspicion exists that he has committed an offence against this Act or any Rule, a sum of money by way of composition for such offence.

(2) On payment of such sum of money, no Further proceedings shall be taken against such person in regard to the offence so compounded.

(1) Our Government may, by notification in Our Government Gazette, make Rules consistent with this Act.

(a) prescribing the terms and conditions subject to which the stallages, rents and fees leviable in public markets may be leased or framed;

(b) providing for the grant of licenses and the particulars and conditions to be contained therein:

(c) providing for the inspection and proper regulation of markets;

(d) preventing persons suffering from any loathsome disease, from keeping stalls in or being employed in preparing or selling articles of food in, any market, or from entering any market or touching any article brought to therefore sale, and for authorizing the expulsion of such persons from any market; and

(e) generally for the purposes of this Act.

(2) In making any rule under sub-section (1), Our Government may direct that a breach or an abetment of a breach of it shall be punishable with fine which may extend to fifty rupees, and when the breach is a continuing one with a further fine which may extend to five rupees for every day after the first during which the breach continues.

Whoever in any market begs importunately for alms or exposes or exhibits with the object of exciting charity any deformity or disease or any offensive sore or wound shall be punishable with fine which may extend to twenty rupees.

All moneys, other than fines and penalties. recoverable under this Regulation shall be treated as arrears of public revenue within the meaning of Regulation 1 of 1068. and be recovered as such.

Our Government may, by Notification in Our Government Gazette, authorize any Officer by name or by virtue of his office to exercise all or any of the powers conferred on a Division Peishkar under this Act.

(1) An appeal shall lie to the (Land Revenue and Income Tax Commissioner from any order of a Division Peishkar passed under this Regulation.

(2) [Substituted by Act XIV/1114.] [Our Government! may direct that an appeal from the order of any Officer empowered under Section 27 shall lie to the Division Peishkar.

[Deleted by ibid.] [xxxx]

[Inserted by ibid.] [(3) There shall be on appeal from the decision or order passed in appeal 2[xxxx] by the Division Peishkar

(4) It shall be lawful for (Our Government] revise any decision or order passed by any subordinate officer under this Act.]

(5) Pending disposal of any appeal or revision under this Act, the appellate or revisional authority may suspend the executor of the order complained against.

(6) No order shall be passed in appeal or revision without previous notice to the party to be affected by such order.

No appeal shall be brought after the expiration of thirty days from the date of the receipt of the notice communicating the order appealed against, provided that, in computing period of thirty days, the time required to obtain a copy of the order appealed against shall be excluded, but the appeal may be admitted after the period hereby prescribed when the appellant satisfies the authority to whom he appeals that he had sufficient cause for not preferring the appeal within the period prescribed.

No action shall lie against Our Government or against any officer in respect of any order passed or act bona fide done or ordered to be done under this Act.