Delhi Agricultural Produce Marketing Regulation Act 1976 Chapter IV - Bare Act

(1) Subject to the provisions of this Act, it shall be the duty ofa Market Committee--

(i) to implement the provisions of this Act and of the rules andbye-laws made thereunder for the market area;

(ii) to provide such facilities for marketing of agriculturalproducetherein as the Board may, from time to time, direct;

(iii) to do such other acts as may be required in relation to thesuperintendence, direction and control of markets, or for regulating marketingof agricultural produce in any place, in the market area, and for purposesconnected with the matters aforesaid,

and, for that purpose, may exercise such powers andperform such duties and discharge such functions as may be provided by or underthis Act

(2) Without prejudice to the generality of the foregoingprovisions, a Market Committee may--

(a) regulate the entry of persons and of vehicular traffic intothe market;

(b) supervise the conduct of those who enter the market fortransacting business;

(c) grant, renew, refuse, suspend or cancellicences;

(d) provide for settling disputes arising out of any kind oftransactions connected with the marketing of agricultural produce and allmatters ancillary thereto;

(e) prosecute persons for violating the provisions of this Act andof the rules and bye-laws made thereunder;

(f) maintain and manage the market, including the regulation ofadmissions to, and conditions for use of, the market;

(g) regulate the marketing of agricultural produce in the marketarea or the market, and the weighment or delivery of, or payment for, suchagricultural produce;

(h) arrange for thecollection--

(i) of such agricultural produce in the market area in which alltrade therein is to be carried on exclusively by the Government by or underany law for the time being in force for that purpose, or

(ii) of such other agricultural produce in the market area, as theAdministrator may, from time to time, notify in the Official Gazette(hereinafter referred to as the notified produce);

(i) acquire, hold and dispose of any movable or immovable property(including any equipment necessary for the purpose of efficiently carrying outits duties);

(j) collect or maintain, disseminate and supply information inrespect of production, sale, storage, processing, prices and movement ofagricultural produce (including information relating to crop-statistics andmarketing intelligence) as may be required by the Director or the Board;

(k) take all possible steps to prevent adulteration and topromotegrading and standardization of such agricultural produce as may be prescribed;

(l) enforce the provisions of this Act and of the rules andbye-laws made, and conditions of the licences granted, under this Act;

(m) perform such other duties as may be prescribed.

A Market Committee may constitute one or more sub-committees consisting of one or more of its members and, if the Committee deems it desirable, may co-opt any person with the approval of the Board or of any officer authorised by the Board in this behalf and may, subject to such restrictions and conditions as may be specified in the regulations framed by the Board, delegate to such sub-committees such of its powers or duties as it may think fit.

(1) A Market Committee duly authorised by the Administrator for the purpose may, by an order published for the information of the public in such manner as it deems fit, open collection centres for collecting thereat the produce specified in such order (hereinafter referred to as the specified produce).

(2) Where any person wishes to sell any specified produce in a market area, he shall tender all such produce only at the collection centre established for the purpose under sub-section (1):

Provided that, any such specified produce may be tendered through a commission agent or any agency specified by the Administrator in this behalf.

(3) The Market Committee shall, on the sale of such produce, get it weighed, measured or, as the case may be, counted, forthwith and arrange for issuing a receipt therefor to the person who has tendered the produce at the collection centre for sale or, as the case may be, to the commission agent or any agency and shall also arrange to give a copy of the receipt to the purchaser.

(4) Such receipt shall contain the following particulars, that is to say,--

(i) the name of the collection centre;

(ii) the name of the tenderer;

(iii) the name of the purchaser;

(iv) the name of the commission agent or agency, if any;

(v) the name of the specified produce, the weight, measure or number thereof and the fees paid for the weighing, measuring or counting such produce;

(vi) grade of specified produce, if any, and the rate;

(vii) the amount to be paid to the Market Committee by the purchaser;

(viii) the amount to be paid by the tenderer to the commission agent by way of his commission, if any, and such other market charges, as are duly authorised by the Market Committee;

(ix) the amount to be paid by the tenderer to a co-operative society under the Delhi Co-operative Societies Act, 1972:

(x) the amount of advance price received by the tenderer, if any, in respect of the specified produce;

(xi) the amount to be actually paid to the tenderer after deducting the amounts, if any, falling under clause (vii), clause (viii), clause (ix) or clause (x); and

(xii) the total amount to be paid by the purchaser in respect of the specified produce purchased by him.

(5) The dues payable to a Market Committee: under clause (vii) of sub-section (4) shall consist of fees to be levied and collected from a purchaser by or under this Act.

(6) The purchaser shall, on receiving a copy of the receipt, pay forthwith the total amount to be paid by him as recorded in the receipt by drawing separate cheques payable on presentation in favour of--

(a) the Market Committee, for an amount equal, to the total of the amounts referred to in clause (vii), clause (viii) or clause (ix) of sub-section (4);

(b) the tenderer for an amount equal to the amount referred to in clause (xi) of sub-section (4).

(7) The Market Committee, on receipt of the cheques, shall hand over to the tenderer the cheque drawn in his favour and arrange to pay, from the amount received by it under the cheque drawn in its favour, to the commission agent and the co-operative society, if any, the amount recorded against each of them in the receipt and credit the balance due to it to the Market Fund.

It shall be competent for a Market Committee to levy and collect such fees (hereinafter referred to as the market fees), not being in excess of, or less than, an amount determined by the Administrator, by notification, from every purchaser of agricultural produce sold in a market area in such manner as may be prescribed and at such rates as may be specified in the bye-laws:

Provided that the amount determined by the Administrator shall not exceed one and a half per cent. of the value of the agricultural, produce:

Provided further that, when any agricultural produce brought intoany market area for the purpose of processing only, or for export, is notprocessed or exported therefrom within thirty days from the date of itsarrival therein, it shall, until the contrary is proved, be presumed to havebeen brought into the market area for buying and selling, land shall besubject to the levy of fees under this section, as if it had, been broughtand sold therein :

Provided also 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.

(1) A Market Committee may, with the previous sanction of the Board, raise money required for 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 expenditure on lands, buildings and equipment required for establishing the market, obtain a loan from the Administrator on such terms and conditions as he may determine.

(3) A Market Committee may, with the previous approval of the Board, obtain loans from other Market Committees on such conditions, and subject to such rules, as may be made.

(1) Every contract entered into by a Market Committee shall be in writing and shall be executed on behalf of the Committee by the Chairman or Vice-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 the Market Committee.

(1) If any dispute arises between an Inspector appointed under the Rajasthan Weights and Measures (Enforcement) Act, 1958 as in force in the Union territory of Delhi, and any person interested, as to the meaning or construction of any rule made under that Act or as to the method of verifying, re-verifying, adjusting or stamping any weight or measure or weighing or measuring instrument, in any market area, such dispute may, at the request of the person interested or by the Inspector of his own accord, be referred to the Controller appointed under that Act; and the decision of the Controller shall, subject to the provisions of sub-section (2), be final.

(2) An appeal shall lie, within such time and in such manner as may be prescribed, from the decision under sub-section (1) to the Administrator or such officer as the Administrator may appoint in this behalf and the decision of the Administrator or such officer shall be final.