The Assam Agricultural Produce Market Act, 1972

ASSAM ACT X X III OF 1974 (R eceived the assen t o f the P revisent on the 3rd Septem ber, 1974 THE ASSAM AGRICULTURAL PRODUCE MARKET Act, 1972 CHAPTER I P relim inary CONTENTS Clause 1. Short title, extent and commencement ... 2. Definitions CHAPTER II C onstitution o f the State A gricultural M arketing Board, M arket and M arket C om m ittee 3. Constitution of the State Agricultural Marketing Board. .. 4. Notification of intention of exercising control over Purchase and Sale of Agricultural Produce in specified Areas. 5. Declaration of Market .. 6. Declaration of Market Yard, Area 7. Establishment of Market Committee 8. Constitution of Market Committee 9. Term of Office of Members of Market Committee 10. Chairman and Vice-Chairman of Market Committee 11. Removal of Chairman and Vice-Chairman ... ... 12. Calling of Meetings and Quorum CHAPTER III Incorporation o f M arket C om m ittee, its O bjects. P ow ers and D uties 13. Incorporation of Market Committee ... ... ... 14. Functions of the Market Committee Clause 15. Powers of the Market Committee 16. Duties of the Market Committee 17. Appointment of Sub-Committee and Joint-Committee 18. Appointment of Secretary ... 19. Appointment and Salaries of Staff of Market Com­ mittee. 20. Execution of Contract... 21. Powers to Levy Cess ... 22. Certain differences regarding construction of Rules, etc., about Weights and Measures to be decided by Market Committee. 23. Market Committee Fund 24. Pool of Officers ... ... ... ... .. ‘ 25. Purposes for which the Market Committee Fund shall be extended. 26. Mis-application of Fund 27. Power to Borrow 28. Acquisition of land for the purpose of this Act CHAPTER IV Trade allowances 29. No Trade Allowance permissible4[except as prescribed ... » CHAPTER V 9 M iscellaneous 3 30. Liability of members of Market Committee to removal ... from Office. 31. Members to be held responsible for Mis-application of Funds. 32. Duty of Officers and Members toi furnish Information ... to Director and other Authorised Officers. 33. Powers to Inspect ... ... ••• ••• ••• (iii) Clause 34. Power of the Director in Emergency ... 35. Recovery of loss 36. Power to Enforce Attendance ... 37. Supersession of a Market Committee ... 38. Consequences of Supersession ... « 39. Penalty for contravention of Section 5 40. Eviction of Encroachers of Market yard or yards. 41. Penalty for making or recovering Trade Allowance other than an Allowance prescribed by Rules or Bye- Laws made under this Act. 42. Penalty for contravening provisions of Section 32 43. Chairman, Vice-Chairman, Members and Staff of M arket Committee to be Public Servants. 44. Bar of Suit in absence of Notice 45. Trial of Offences 46. Admissibility of Copy of entry as Evidence 47. Recovery of Sums due to and from Market Committee 48. Power of the State Government to delegate its Power ... 49. Rules ... ... ... ... ... 50. Bye-Laws 51. Powers of the Director to impose Bye-Laws ... 52. Power of State Government to call for Proceedings of Market Committee and to pass Orders thereon. 53. Power of State Government to amend the Schedule ... 54. Savings THE ASSAM AGRICULTURAL PRODUCE MARKET ACT- 1972 [ P u b lish ed in the A ssa m G azette, Extra rdinary, dated the 24th Septem ber, 1974 J An Act To provide for b etter regulation o f buying and se llin g o f agricu ltu ral produce and the estab lish m en t o f m arkets for agri­ cu ltu ra l produce in the State o f A ssa m and for m atters connected th erew ith Preamble. Whereas it is expedient to provide for better regulation of buying and selling of agricultural produce in the State of Assam and establishment of regulated markets for agricultural produce; And whereas the previous sanction of the President of India under the proviso to Article 304(b) of the Constitution of India has been obtained for the introduction of the Bill in the Legislative Assembly; It is hereby enacted in the Twenty-third year of Republic of India as follows :— CHAPTER I P re lim in ary Short title, 1.(1) This Act m aybe called the Assam Agri­ extent and cultural Produce Market Act, 1972. commence- m e n t ' (2) I t shall extend to such area or areas of the State of Assam as may be notified by the State Government from time to time in the Official Gazette. (3) I t shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. (1) In this Act, unless there is anything repug­ nant in the subject or context S (i) “Agricultural Produce” means and includes any produce whether processed or non-processed of agriculture, horticulture, animal husbandry, pisciculture, sericulture and forest as specified in the Schedule ; (ii) “ Agriculturist” means a person who ordinarily by himself or who by his tenants or hired labour or otherwise is engaged in the produc­ tion of agricultural produce but does not in­ clude a dealer or broker in agricultural produce although such a dealer or broker may also be engaged in the production or growth of agri­ cultural produce; 2 (ill) “ Gaon Panchayat” means a Panchayat esta- blished under Section 4 of the Assam Panchayati 0 " ' Raj Act, 1972 ; (iv) “ Board” means the State Agricultural Market­ ing Board constituted under Section 3 ; (v) “ Broker” means an agent, whose ordinary course of business is to negotiate and make contracts for the purchase or sale of agricultural produce on behalf of his principal and who is remunerated by commission; but does not include the servant of such principal whether engaged in negotiating or making such contracts; (vi) “Bye-laws” means bye-laws made under Section 50 ; (vii) “ Certificate Officer” means the officer so Bengal Act n defined in the Bengal Public Demands Recovery 11 of 1913 Act, 1913; fviii) “ Commission Agent” means a person who on behalf of another person and in consi­ deration of commission makes or offers to make purchase or sale of agricultural produce or does or offers to do anything necessary for completing and carrying out such purchase or sale ; (ix) ‘Co-operative Bank” means the Assam Act I of Co-operative Apex Bank Ltd., registered 1950. under the Assam Co-operative Societies Registration Act, 1949 or any other Co­ operative Bank formed for the State of Assam as an Apex Bank and includes a District Central Co-operative Bank; (x) “ Co-operative Marketing Society” means «• a Co-operative Society registered under the Assam Co-operative Societies Act, 1949 which has as its principal object the promo­ tion of the sale of agricultural produce grown, reared or produced by its mem­ bers or which is declared as such or equivalent thereto by the State Government; (xi) “Director” means the Officer appointd by the State Government to discharge all or any of the functions of the Director under this Act ; 3 (xii) “ District Council” means a District Council, consti tuted under paragraph 2 of the Sixth Schedule to the Constitution of India ; (xiii) “ Gaon Panchayat” means a Gaon Pan Assam Act chayat established under the Assam Pan- X I o f 1973- chavati Raj Act, 1972 ; (xiv) “ Licencee” means a person or association, firm or company granted a licence under this A c t; (xv) “Local authority” means a Corporation, a Municipal Board or a Town Committee, a Mohkuma Parishad or a Gaon Panchayat; (xvi) “ Market” means a regulated market esta­ blished under this Act for the market area and includes a market proper, a principal market yard and a sub-market yard or yards, if any ; (x/ii) “ Market area” means any area declared to be a market area under Section 5 ; (xviii) “Market Committee’’ means a Committee established under Section 7 ; (xix) “ Market proper” means any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard as the State Government may, by a notification in the official Gazette, declare it to be a market proper; (xx) “ Market year” means the financial year adopt­ ed and followed by the State Government; (xxi) “ Measurer” means a person whose business is to measure consignments of agricultural produce for sale; (xxii) “Mohkuma Parishad”means a Mohkuma Pari- Assam Aet shad established under section 3 of the Assam XI of 1973. Panchayati Raj Act, 1972; (xxiii) ' ‘Notification” means a notification publish­ ed in the official Gazette ; (xxiv) “ Notified agricultural produce” means the agricultural produce specified in the notifica­ tion issued by the State Government under sub-section (1) of section 5; 4 (xxv) "Prescribed” means prescribed by rules made under this Act; (xxvi) "Principal market yard” and "sub­ market yard” means an enclosure, building or locality declared to be a principal market yard and sub-market yard respec­ tively in the official Gazette by the State Government; (xxvii) "Progressive producer” means a pro­ ducer who in the opinion of the Director of Agriculture, Assam carries on agricul­ tural production on improved method; (xxviii) “ Proprietor” means the owner of a mar­ ket and includes any person who is in actual charge and or in direct control of the market whether such person is the owner of the mar­ ket or is the lessee thereof or is acting on behalf of such owner or lessee; (xxix) ''Registrar” means the Registrar of the Co­ operative Societies, Assam; (xxx) “ retail sale” means a sale of any agricultural produce not exceeding such quantity as may by bye-laws or rules be fixed in respect of such agricultural produce; (xxxi) “ rules” means rules made under this Act; (xxxii) ‘‘State Government” means the State Government of Assam; (xxxiii) “ Schedule” means a schedule to this Act; (xxxiv) “ Secretary” means the Chief Executive of the market committee and includes officiating, acting, Deputy and Assistant Secretary; (xxxv) “ Surveyor” means a person whose business is to survey a consignment of agricultural produce for sale in regard to quality, grade, refraction, adulteration and such other pur­ poses; (xxxvi) “ trade” means any kind of transaction of- sale and purchase or any kind of remunera­ tion of sale and purchase of any agricultural produce; (xxxvii) “ trader” means a person ordinarily engaged in the business of buying and selling of agricultural produce as a principal or a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business of processing of agricultural produce; (xxxviii) “ Warehousing Corporation” means the State Warehousing Corpoiation established in Assam under Section 18 of the Ware- housing Corporation Act, 1972 ; (xxxix) “weighman” means a person whose business is to weigh a consignment of agricultural produce for sale ; (2) If a question arises whether a person is or is not an agriculturist or trader for the purpose of this Act, it will be decided in the manner prescribed and the decision of the State Government thereon shall be final. E xplanation: For the purpose of this Act, thc word “person” includes any firm, joint family, asso­ ciation or body of individuals whether incorporated or not. CHAPTER II C onstitu tion o f the State A gricultural M ar­ k etin g Board, M arket and M arket C om m ittee. Constitu- 3 (1) The State Government may for exercising Stete °f t *i e Po w e r s conferred on and duties assigned to the Agricultural Board by or under this Act, establish and constitute Marketing a State Agricultural Marketing Board consisting of Board. Chairman and 10 other members to be nominated by the State Government as follows:— (a) One non-official Chairman. (b) Officials of the Government of Assam— (i) Director of Agriculture, Assam, (ii) Director of Veterinary and Animal Husbandry, Assam, (iii) Registrar of Co-operative Societies, Assam, (iv) Secretary, Agriculture Department, Assam. 6 ' (c) Non-officials— (1) one agriculturist member of the Market Committees, (ii) one representative from Agricultural Farming Corporations formed under the Assam Agricultural Farming Corporation Act, 1973, (iii) two progressive producers, (iv) one licencee, (v) one from amongst the members of the Co- o operative Marketing Societies represented in the Market Committees. (2) The State Government shall nominate an officer of the Agriculture Department not below the rank of a Joint Director to be the Secretary of the Board. * (3) The Board shall be a body corporate by the name of the State Agricultural Marketing Board having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire and hold property and shall by the said name sue and be sued. (4) The term of office of the Chairman and the non-official members of the Board shall be three years: Provided that any non-official member nominated under clause (c) of sub-section (i) of this section shall cease to be a member of the Board from the date he ceases to be a member of a Market Committee representative of Agricultural Farming Corporation, or a Licencee or a member of the Co-operative Society represented in the Market Committee as the case may be. (5) No person shall be eligible to become a Chairman or a member of the Board who— (a) does not ordinarily reside within the State of Assam ; a (b) is below twenty-one year of age; (c) has been removed under Section 30 of this Act; (d) is of unsound mind ; or (e) has been declared as insolvent or sentenced by a criminal court whether within or outside the State of Assam for an offence involving moral turpitude : Provided that the disqualification under clause 5 (c) on the ground of a sentence by a criminal court shall not apply after the expiry of four years from the date on which the sentence of such person expired s \ Provided further that no person shall be nominated as Chairman of the Board consecutively for more than two terms. (6) A non-official member of the Board may resign from membership by tendering his resignation to the State Government through the Chairman of the Board and the Chairman of the Board may resign by tendering his resignation to the State Government and such resignation shall be effective from the date of the acceptance by the State Government. (7) The State Government may remove the Chair­ man or any member of the Board who has become subject to any of the disqualifications specified in sub-section (5) : Provided that before removing the Chairman or a member the reasons for the proposed action shall be conveyed to him and his reply invited within a speci­ fied period and duly considered. (8) In the vacancy caused by cessation of office of any member under proviso to sub-clause (4) or by resignation or removal of the Chairman or member under sub -sections (6) and (7) respectively of this section the State Government may nominate another in the manner provided in clause 3(1) (a) or 3(1) (c) as the case may be and such person shall remain in office for the remaining period of the term of his predecessor. (9) The State Government shall exercise superin­ tendence and control over the Board and its emplo­ yees and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty of corruption or mismanagement, it may supersede the Board and, dll such time as a new Board is constituted, shall make such arrangements for the exercise of the unctions of the Board as it may think fit : Provided that the new Board shall be consti­ tuted within six months from the date of its super- session. (10) The Board shall exercise superintendence and control over the Market Committees in the manner prescribed. (11) The State Government or the Chairman or the Secretary of the Board, or any other employee of the Board authorised in this behalf by the Board, may call for any information for return relating to notified agri­ cultural produce from a Market Committee or any other functionaries under or in relation to such Market Committees and shall have the power to inspect the records of a Market Committee or such functionaries as the case may be. (12) Subject to the provisions of this Act, and the rules and bye-laws made thereunder, the Board may employ such persons for the performance of the func­ tions of the Board under this Act, and may give them such remuneration, as it may think fit, and may sus­ pend, remove, dismiss or otherwise punish any person so employed. (13) Subject to rules made under this Act, an estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared and passed by ' the Board and submitted every year for sanction of the State Government not later than the prescribed date. The State Government shall sanc­ tion and return the budget within two months from the date of the receipt thereof. If it is not received within two months it shall be presumed to have been sanctioned. (14) Subject to rules made under this Act, the Board may, with the approval of the State Govern­ ment frame bye-laws for— (a) regulating the transaction of business at its meeting; (b) the assignment of duties and powers of the Board to its Chairman, Secretary or per­ sons employed by it; and (c) such other matters as may be prescribed. (15) Four members shall constitute a quorum at a meeting of the Board: Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at such adjourned meeting. (16) All questions before a meeting of the Board shall be determined by a majority of votes of the members present in the voting and, in case of equality of votes, the Chairman may exercise a casting vote. 9 (17) The State Government may delegate, by notification in the official Gazette any of the powers conferred on it by or under the Act, to any of its officers or to the Board or to the Chairman or its Secretary. (18) The headquarters of the Board shall be located at a place to be determined by the State Government. (19) No ac to r proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof. of’Vntemion (1) The State Government may, by notifi- of exercising c a t ' o n in the official gazette, declare its intention of control over regulating the purchase and sale of such agricultural purchase andproduce in such areas as may be specified in the notifi- cultura^ro- c a t-'o n - A copy of the notification under this section duce'in spe- shall also be published in the area concerned in the cified area, manner prescribed: Provided that no area within the limits of a Dis­ trict Council shall be included in the area specified in such notification except after consultation with the District Council concerned. (2) The notification under sub-section (1) shall state that any objection or suggestion received by the State Government within a period of not less than one month to be specified in the notification under sub-section (1) shall be considered by the State Government. ofeC ,market 5.(1) After the expiry of the period specified °r e a m a r e in the notification issued under section 4 and after considering such objections and suggestions as may be received before such expiry and after holding such enquiry a# may be necessary the State Government may, by notification in the official Gazette, declare the area specified in the notification under section 4 or any portion thereof to be a market area for the purpose of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. A copy of the notification under this section shall also be published in the area conceined in the manner prescribed. (2) On and after the date of the publication of the notification under sub-section (1) or at such later date as may be specified therein, no local autho­ rity or other person, notwithstanding anything con­ tained in any law for the time being in force, shall, within the market area or within a distance thereof 10 to be notified in the official Gazette in this behalf, set up, establish or continue or allow to be set up, established or continued, any place for the purchase or sale of any agricultural produce so notified, except in accordance with the provisions of this Act, and the rules and bye-laws, framed thereunder for pur­ chase or sale of any agricultural produce so notified. (3) Nothing in sub-section (2) shall apply to the purchase or sale of such agricultural produce if the producer of such produce is himself its seller and the purchaser is a person, who purchases such produce for his own private consumption or if such agricul­ tural produce is sold by retail sale to a person who purchases such produce for his own private consump­ tion. (4) The State Government, may, at any time by notification in the official Gazette exclude from the market area any area or any agricultural produce comprised therein or include in any market area, any area or any agricultural produce as included in the notification issued under Section 4. (5) Subject to the provisions of section 4, the State Government may at any time by notification in the official Gazette withdraw any notification issued under sub-section (1). Declaration 6(1) For each market area there shall be one of market principal market-yard and one or more sub-market yard*. ya r c j3 a s m a y be necessary. (2) The State Government may, by notification in the official Gazette, declare— (i) any enclosure, building or locality in any market area to be the principal market-yard and other enclosures, buildings or localities in such market areas to be one or more sub-market yard or yards for the area ; and (ii) any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard or yards, as the case may be, as it thinks fit to be market proper. Establish- 7. ( l)T h e State Government shall establish a ment of market committee for every area declared to be a myket com- market area under sub-section (1) of Section 5. It shall be the duty of the market committee to enforce fhe provisions of this Act and the rules and bye-laws ram ed thereunder in such market area. 11 (2) The State Government may establish a sepa­ rate market committee within the same market area or a part thereof provided it is satisfied that trading in a particular type of agricultural produce can be regulated only if and when an independent market committee already functioning is unable to undertake regulated trading in that commodity because of its peculiar nature : Provided that not more than one Market Commit tee shall be established within the same market areal or a part thereof for the same type of agricultura produce. • Constitaution of Marke Committee. 8. (1) Every market committee or a Gaon Pan chayat shall consist of the following members’ namely— (i) seven agriculturists who are voters of Gaon Panchayat to be elected by the members of the Gaon Panchayat in the market area in the manner prescribed ; (ii) three to be elected by the traders, other­ wise than co-operative marketing societies and Gaon Panchayat, holding valid licence under this Act from amongst themselves in the manner prescribed ; (iii) one to be elected by the members of the Managing Committee or Board of Directors, as the case may be, of the co-operative marketing societies in the market area hol­ ding a licence under this Act from amongst themselves in the manner prescribed ; (iv) one to be nominated by such co-operative Bank as may be decided upon by the State Government ; 9 (v) one to be nominated by the State Govern­ ment ; (vi) one to be elected by the members of the Municipal Board, Town Committee or Gaon Panchayat within whose jurisdiction the principal market-yard is situated from amongst the members of the Municipal Board, Town Committee or Gaon Pancha­ yat, as the case may be. When the princi­ pal market-yard is situated within the jurisdiction of two or more local authorities of the type mentioned above, one member to be elected jointly by the members of the local authorities concerned from amongst themselves in the manner prescribed. » ■ 12 (vii) one to be nominated by the Warehousing Corporation, if a warehouse has been established, by such Corporation within the market area and where no such warehouse has been established, then two persons shall be elected by the Cooperative Marketing Societies under clause (iii). (2) Notwithstanding anything contained in sub­ section (1), on the failure of any organisation, person or authority to elect any member under sub section (1) within a period of three months from the date of the occurrence of the vacancy, the Director shall give notice in writing to the organisation, person or authority concerned to elect the member within a month from the date of such notice and on the failure of the organisation, person or authority to elect a member within the said period, the Director shall nominate a person on behalf of such organi­ sation, person or authority as a member of the market committee. (3) When a market committee is constituted for the first time all the members of the market com­ mittee including the Chairman and Vice-Chairman thereof shall be nominated by the State Government and such members shall hold office for a period of three years: Provided that the State Government may extend the term of the Market Committee for a period not exceeding two years ; Provided further that the extension period on any occasion shall not exceed one year at a time. 9. (1) Every member of a market committee other than the first one constituted by the State Go- Period office Market Committee, vernment shall hold office for a period of three years commencing from the date of first meeting of the reconstituted market committee a t which a quorum is present. The market committee shall, thereafter, be reconstituted every of the third year and prior to such expiry. three years before the expiry not earlier than three months (2) The term of three years referred to in sub-section (1) shall include any period which may lapse between the expiry of the said three years and the date of the first meeting of the reconstituted market committee, at which a quorum is present. 13 (3) The State Government may, by notification for sufficient cause to be stated therein, direct from time to time that the term of office of the members of a market committee be extended by such period not exceeding one year as may be specified in the notification. (4) A member elected or nominated under sub-section (1) of section 8 shall cease to hold office, if he ceases to be a member of the category of persons from which he was elected or nominated. (5) A member, shall also cease to hold office if he in writing resigns his membership and the same is accepted by the market committee or if he is removed by the State Government under the provisions of this Act. of in Chairman and Vice- n f Chairman of . Market Corn*m ___ (6) Whenever any vacancy occurs in member­ ship for any of the reasons aforesaid, the said vacancy shall be filled in by election or nomination as the case may be and every such member elected or nominated, shall hold office for the unexpired period of the term of the member in whose place he is elected or nominated. (7) Notwithstanding any’ vacancy in a market committee it shall be competent to exercise its powers and perform its duties and none of its actions shall be questioned merely on the ground the existence of any vacancy in or any defect the constitution of the committee. 10. (1) subject to the provision of sub-section (3) Section 8 every market committee shall elect, the manner prescribed, one of its members to its Chairman and another member to be its Vice-Chairman. (2) The Chairman and the Vice-Chairman shall exercise such powers and carry cut such duties on behalf of the Committee under this Act and the rules made thereunder from time to time, as may be prescribed. (3) Whenever for any reason, the offices of both the Chairman and the Vice-Chairman of any Market Committee fall vacant, the State Govern­ ment shall appoint any one from amongst the members of such market committee as the Chairman to hold office as such temporarily, till a Chairman is elected. 14 (4) The Chairman, or in his absence, the Vice-Chairman shall preside at every meeting of the market committee and in the absence of both the Chairman and the Vice-Chairman at any meeting, the members present shall elect one from amongst them­ selves to preside over that meeting. (5) When a meeting is held for the removal of the Chairman or the Vice-Chairman or both, (6) (a) the Vice-Chairman or in his absence, a member duly elected at the meeting shall preside, if the resolution relates to the removal of the Chairman, a > (b) the Chairman or in his absence a member duly elected at the meeting, shall preside if the resolution relates to the removal of the Vice-Chair- » man. (c) a member duly elected a t the meeting shall 3 preside if the resolution relates to the simultaneous removal of both the Chairman and the Vice-Chair­ man. Removal of 11. (1) The Chairman or Vice-Chairman of ^ d ivjia n a n y m a i ’ket committee may be removed from office Chairman.by a resolution adopted by at least two-third of the total number of members of the market committee present and voting at the meeting convened for the purpose, in the manner prescribed. (2) The State Government may, after giving an opportunity to explain, remove the Chairman or Vice-Chairman of a market committee from office if he persistently omits or refuses to carry out or disobeys the provisions of the Act or the rules made thereunder or any directive issued by the compe­ tent authority under this Act or rules made there­ under from time to time, or if he becomes incapa­ ble of so acting or is declared insolvent or is convic­ ted by a criminal court for any offences involving moral turpitude or declared disqualified under any „ of the provisions of this Act and the rules made thereunder. Calling of 12. (1) No business shall be transacted at any meeting of the market committee unless, rum. (a) such meeting is called by the Secretary under the direction of the Chairman or Vice- Chairman, as the case may be, or as may be required on a requisition by the members as prescribed, and (b) a quorum is present. 15 (2) The quorum referr d to in sub-section (1) shall be one-third of the total number of members of the market committee. If at any meeting the prescribed quorum is not present the meeting shall stand adjourned to some future day to be appointed by the Chairman, Vice-Chairman or any member who may preside at the meeting, as the case may be. The members present at such adjourned meeting shall form a quorum whatever their number may be. CHAPTER HI Incorpora ion o f Market Committee, its objects, powers and duties Incorpora- 13. (1) Every market committee shall be a tion of mar- body corporate by such name as the State Govern- ttee8 0 m In i* ment may specify by notification in the official Gazette. It shall have perpetual succession and a common seal, may sue or be sued in its corporate name and shall be competent to acquire and hold lease, shall or otherwise transfer any property and to contract and to do all other things necessary for the purpose for which it is established. (2) Where a market committee is established in any area, no person shall function as a trader, commercial agent, broker, weighman, measurer, surveyor, warehousemen or in such other capacity as may be determined by the Director in any market within the area, to work in a processing or pressing factory, unless a licence is issued to such person by the market committee on payment of such fees and subject to such conditions as may be prescribed. 14. The functions of a market committe Funtions shall a s follows : — of the market (i) to mantain and manage the market yard committee and t o control, regulate, and run the market in the interest of the agriculturists and traders holding licence from the market committee; (ii) to regulate and control transactions in the market and to deal with licence holder who default to open, close and suspend trade in any notified agricultural produce, to settle disputes, levy and recover market charges, fees on an agricultural produce, licence and other fees, to impose fines and penal­ ties; 16 Power of the mar­ ket committee. Duties of the market committee. (iii) to act as a mediator, arbitrator or surve­ yor in all matters of differences, disputes, claims, etc., between licencees or bet­ ween them and agriculturists making use of the market as sellers of agricultural produce; (iv) to control and regulate the admission to the market, to determine the conditions for the use of the market and to prosecute and confiscate the goods belonging to persons trading without a valid licence; (v) to bring, prosecute or defend or aid in bringing, prosecuting or defending any suit, action, proceeding, application or arbitration on behalf of the market committee or otherwise as directed by the State Govern­ ment; (vi) tn purchase, hire or acquire any land for construction of any house thereon or other movable or immovable property and other equipment for the purpose of its business, to raise fund from the Government or other­ wise with the approval of the Director for the said purpose and to enter into arrange­ ments with the Government, local authority or otherwise and to comply with such arrangements; and (vii) to do such other things as may be required for the purpose of achieving the objects and requirements of the Act and the rules and bye-laws framed thereunder. 15. A market committee shall have the power to regulate entry of persons into the prin­ cipal or sub-market yards, to supervise the behaviour of the persons so entered for transacting business and to take disciplinary action against the licencee who fails to fulfil the conditions of the licence or any direction of the market committee, issued with­ in the purview of this Act or rules or bye-laws. 16. I t shall be the duty of every market committee to enforce the provisions of this Act, the conditions of licence granted under the rules and bye-laws framed under the Act in the market area and to provide such facilities as the State Government may, from time to time, direct in connection with the purchase and or sale of notified agricultural produce concerned-. 17 Appoint- 17. A market committee may appoint a sub­ sub-* °f committee or a joint committee or an ad-hoc vouinin e committee from amongst its members or any other and j nt ■ person from within the market area for the admi- coninuttee. nistration of the sub-market yard, for the conduct of any work or for reporting or recommending or deciding any matter or matters and may delegate to such committee such of its powers or duties as it may think fit. There shall be at least three such members in such committee. menT"^ 18. Every market committee shall have a Secre- Secretary. t a r y appointed by the Board subject to such terms and conditions as may be prescribed. Appointment 19. (1) A market committee may also employ ana salaries such other officers and staff as may be necessary market ° f Ô r m a n a Se m e n t ° f the market and may pay such committee, officers and staff such salaries as it may think fit. (2) A market committee may also provide for payment of such leave allowances, pensions and gra­ tuities as it may deem proper and may contribute to any provident fund which may be established for the benefit of such officers and staff. (3) The powers conferred by this section on the market committee shall be exercisable by it subject to any rules which may be made in this behalf by the Board. Execution 20. Every contract entered into by a market • f contracts. c e m m jttee shall be in writing and shall be signed by its Chairman, Secretary and two o ..er members • f the committee. Every market committee shall levy and cv y ' collect ja cess on the agricultural produce bought or sold in the market area at a rate not exceeding one rupee for every one hundr cd rupees of the aggregate amount for which a notified agricultural produce is bought or sold whether for cash or for deferred payment or other valuable considerations: Provided that no cess shall be levied on goods manu­ factured from the agricultural produce on which eoss is proposed to be levied and which are ultimately e x p o r te d out of the country. E xplanation—-1. For the purpose of this section all notified agricultural produce taken out or proposed to be taken out of a market area, shall unless the contrary is proved, be presumed to be bought or sold within such area. 18 Explanation—2. The cess referred to in Sec­ tion 21 shall be paid by the purchaser of the notified agricultural produce concerned. Certain diffe- 22. (1) Notwithstanding anything contained in d'„ce Confa r ’the Assam Weights and Measures (Enforcement) Act, 1956, if any difference arises between the Inspector rules, etc. or any other officer, empowered to enforce the aforesaid about wei- Act and any person interested, as to the meaning measures^o01- c o n s t r u c t i°n ° f any r u ’e framed under the afore- beCaSdecideds a id Act, as to the method of evolving, adjusting or by market stamping any weight or measure or weighing or mea- committee. suring instrument in any market area, such difference may, at the request of the person interested or by the Inspector or the officer of his own accord, be referred to the market committee of the area and the decision of the market committee shall subject^8am Act to the provisions of the sub-section (2) be final and xiX of deemed to have been given under the Assam Weights 1956. and Measures (Enforcement) Act, 1956. (2) An appeal shall lie against the decision of the market committee within thirty days (excluding the time required for taking copies) from the date of the decision under sub-section (1) to the State Govern­ ment or such officer, as the State Government may appoint in this behalf. The decision of the State Government or such officer as the case may be on such appeal shall be final. Market 23. All money received by a market committee Committee shall be paid into a fund to be called “The Market Fund. Committee Fund” and all expenditures incurred by the market committee under or for the purpose of this Act shall be defrayed out of the said fund. Any surplus remaining with the market committee after such expenditures shall be invested in such manner as may be prescribed in this behalf. Pool of 24. (1) The Board shall create apool of officers Officeis. as soon as may be convenient for appointment of such staff at the markets as may be notified from time to time in the official Gazette. Every market committee shall contribute a sum not exceeding 30 per cent of its gross revenue as may be determined by the Director to the fund of the Board to m eet the cost of staff to be appointed by the Board under sub-section (2) and also for meeting the cos’ of general supervision. (2)The Board shall make appointment to theof post notified under sub-section (1) from the pool j- officers created by the Board and it shall be obi gatory on every market committee to employ sue1, persons. The emoluments and terms and conditions of service of such officers shall be fixed by the Board: 19 Provided that until a pool of officers is created by the Board the Director may permit employment of other persons to the posts notified under sub­ section (1) purely on temporary basis. Purpose for 25. Subject to the provisions of Section 23 the ™ *c -™“rk e tmarket committee fund shall be expended for the committee 1 r fund ihall be following purposes, namely :— •xpended. (i) contributing to general revenues of the Board, Mohkuma Parishads, Gaon Pan- chayats, Town Committees, and Munici­ pal Boards as the State Government may direct; (ii) payment of interest on the loans that may be raised for the purposes of the market and the provisions of sinking fund in respect of such loans ; (iii) the acquisition of a site or sites for the market ; (iv) the maintenance and improvement of the market ; (v) the construction and repair of buildings necessary for the purposes of such market and for the healthy convenience and safety of the persons using it ; (vi) the provision and maintenance of standard weights and measures ; (vii) pay, pensions, leave, allowance, gratuities, compensations for injuries resulting from accidents, compassionate allowances and contribution towards leave allowances, pensions or provident fund of the officers and staff employed by it ; (viii) the expenses of and incidental to elections of the Market Committee ; (ix) collection and dissemination of informa­ tion regarding matters relating to crop sta­ tistics and marketing in respect of the agricultural produce notified under Section 5 ; (x) payment of the costs referred to in Sec­ tion 24 ; (xi) propaganda in favour o !'agricultural im­ provement ; and 20 (xii) other functions under the Act and the Rule:-. Mis-apphca- 26. f a market committee incurs an expenditure tion o n . £o r a n y pUr pO se other than those specified under the last prece ding section or in excess of the expenditure a pproved by the Director, then it shall be deemed to be a mis-application of the fund. Power to 27. (1) A market committee may, with the pre­ Borrow. vious sanction of the State Government, raise money required for carrying out the purposes for which it is established on the security of any property vested in o it and of any fees leviable by it under this Act. (2) The market committee may, for the purpose * of meeting the initial expenditure on lands, buildings and equipment required for establishing the market, obtain loan from the State Government or any finan­ cial institution. (3) The conditions subject to which such money or loan shall be raised or obtained and time within which a such money or loan shall be repayable shall be subject to the previous sanction of the State Government. of Jand^for The ^ t a t e Government may on the request the purpose the Market Committee, acquire land required for of this Act. the purposes of this Act, under the provisions of the Land Acquisition Act, 1894. CHAPTER IV Trade Allowances No trade 29. No person shall make or recover any trade nermbsible allowance other than an allowance prescribed by rules except as or bye-laws made under this Act, in any market areas prescribed, in any transaction in respect of the notified agricultural produce concerned and no Civil Court shall, in any suit or proceedfrigs arising out of any such transaction, have regard to or recognise any trade allowance not so prescribed. o I Explanation:—Every deduction, other than a deduction on account of deviation from sample when the purchase is made by sample or on account of deviation from standard, when the purchase is made by reference to a known standard or on account of difference between the actual weights of the container and the standard weight or on account of the admixture of foreign matter shall be regarded as a trade allowance for the purposes of this section. 21 CHAPTER V Miscellaneous e e 30. (1) The State Government may, on the of the market Committee supported by at least two third of the total members or on the recommendations of the Director remove any member of the market committee, elected or nominated under this Act, if such a member, has in the opinion of the State Government, been guilty of misconduct in the discharge of his duties, or has incapable of b e r : Provided made by the unless the member has been given a reasonable opportunity of showing cause why such recom­ mendation should not be made : Provided further that no order for removal of any member shall be passed by the State Government unless the member has been given a reasonable opportunity of showing cause why such order should not be passed. (2) The decision of the State Government under sub-section (1) shall be final. 31. Every member of the market committee shall be personally liable for the mis-appli ca­ tion of fund to which he shall have been a party, or which shall have happened through, or been facilitated by gross neglect of his duty as a member, and he may be sued for recovery of the moneys so mis-applied : Provided that no member shall be perso­ nally liable in respect of any contract or agre­ ement duly made, or for any expense incurred for, or on behalf of the market committee, but the funds at the disposal of the market commit­ tee shall be liable for and be charged with, all costs in respect of any such contract and agre­ ement and all such expenses. 32. When the affairs of the Board or of nish informa-a market committee are investigated or the pro­ hon to CppHinOc o f Vlinll Rnnprl n r Director and ether autho­ rised officer. Liabilities of members of recommendations market com­ mittee to removal from office. performing his duties as that no recommendations market committee or the become a mem- shall be Director Members to be held res­ ponsible for mis­ application of Funds. Duty to fur- ceedings of such Board or committee are examined by the Director or any other officer to whom the powers of the State Government have been delegated under Section 48, all officers, staff and members of such committee shall furnish such information in their posses­ sion in regard to the affairs or proceedings of the Board or committee as the Director or such officer may require. 22 Power to 33 The Director or any officer authorised i*»pect. b y t h e gt a t e Government, by general or special order, shall have power to inspect or caused to be inspected, the accounts of the Board or any market committee or to institute an enquiry into the affairs of the Board or any market committee and to require it to do a thing or to desist from doing anything which the Director or such officer considers necessary in the interest of the Board or any market committee as the case may be and to furnish a written reply to him within a reasonable time stating its reasons for non-compliance. Power of 34. (1) In case of an emergency, the Director the Director may suspend or cancel all or any license issued o Em crgencv, u n de r the provision of this Act and take such m c * other steps as may be deemed necessary in the interest of a market. • (2). Where a market committee is not competent to perform the duties imposed by or under this Act, under orders or decision of a 0 court, the Director shall make such arrange­ ment for performing the duties and functions of such a market committee. n Recovery 35 (j) ^ny loss that may occur to a market * jOSS' committee due to its failure to carry out any instruction of the Director shall be recoverable from the members of the market committee after due enquiry and reasonable opportunity being given to them of showing cause why such loss should not be recovered from them. (2) Any amount recoverable from the members of a market committee under this section shall be realised as an arrear of land revenue. Power to 36 An officer investigating the affairs of attendance. ^ e Board or of a market committee or exami­ ning the proceedings of such Board or commit­ tee under Section 32 shall have powers to summon and enforce the attendance of officers or members of the Board or market committee and to compel them to give evidence and to pro- Act No. 5 o duce documents by the same means and as far as o f 1908, possible in the same manner as is provided by the Code of Civil Procedure, 1908. o Supersession 37. If in the opinion of the State Govern- • f market m ent a market committee is not competent to committee. pe r fo r m o r persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, the State Government may, after giving the market committee an opportunity for submitting an explanation in regard to the matter, by notification, 23 stating the reasons for so doing, declare such committee to be incompetent or in default or to have exceeded or abused its powers, as the case may be and super­ sede the committee for a period not exceeding one year at a time or dissolve the committee and reconsti­ tute it as soon as possible: Provided that when a committee is superseded or dissolved the State Government may appoint any person as Chairman to carry on day-to-^ay routine matters on behalf of the committee until the sam# is reconstituted and a new Chairman is elected.* Consequences 38.(1) When an order of supersession shall have been passed under the last preceding section the • following consequences shall ensue— (a) all the members as well as the Chairman $ and the Vice-Chairman of the market committee shall from the date of such publication, vacate their offices; (b) all the powers and duties which under the Act may be exercised and performed by the commi.tee, whether at a meeting or otherwise, shall, during the period of supersession, be exercised and performed by the Chairman appointed by the State Government or by such person as the State Government may direct; (c) all assets vested in such committee shall during the peiiod of superses ion, vest in the State Governmen1: "bject to 'r all its liabilities. (2) On the expiration of the period of supersession specified in the order, the State Gove nment may, (a) extend the period of supersession for such » further term as may be considered neces­ sary, but not exceeding a period of one year at a time; or (b) reconstitute the market committee and in that case the persons who vacated their office under clause (a) of sub-section (1) shall not be deemed disqualified for election or nomination, as the case may be: Provided that the State Government may at any time before the expiration of the period of supersession take action under clause (b) of this sub-secticn. 24 (3) If the State Government make an order for reconstitution of the market committee under sub­ section (2) it shall transfer the assets and liabilities of the market committee as on the date of such transfer to the new market committee constituted as such or to the person or persons if any appointed for carrying out the functions of the market com­ mittee, as the case may be : Provided that if the market committee is not reconstituted o ^ l f no person is appointed for carry­ ing out the functions of the market committee the State Government may transfer all the assets of the market committee which remain after the satisfac­ tion of all its liabilities to the local authority with­ in whose jurisdiction the market committee is situ­ ated or if there are more than one such authority, such portion of the assets as the State Government may determine. The local authority to which the assets are so transferred shall utilise the same in the area within its jurisdiction, for such objects as the State Government may consider to be for the be­ nefit of the agriculturist in that area in consonance with the provisions of this Act. Penalty for 39. Whoever contravenes the provisions of sub- tion°nofaV<:n' s e c ^ o n s e c t t°n 5 shall, on conviction be pun- Section 5. ishable with fine which may extend to five hund­ red rupees and in case of continuing contravention, with further fine which may extend to one hundred rupees per day during which the contravention is continued after the conviction. Eviction of 40. Every encroacher of market yard, sub- cncroacher m a r ke t yard or yards shall be evicted therefrom yard or yards'11 such manner and procedure as provided in law in force for eviction of encroacher of Government eserved land. Penalty for 41. (1) Whoever in contravention of the pro- contravent- ■eyvisions of section 29 makes or recovers any trade ion of Sectiona po w a n c e prescribed by rules or bye-laws made under this Act, shall on conviction be punishable with fine which may extend to rupees two hundred. (2) All fines and damages recovered from an offender shall be paid to the market committee concerned. Penalty for 42. ( ') If any officer or member of the Board contraven- or market committee when required to furnish in- ing Provisionsfo r m a t io n jn regard to the affairs or proceedings of Section 32.Qf j jo a r ( j o r a m a rket committee under Section 32, (a) Wilfully neglects or refuses to furnislt any information, or o 25 (b) Wilfully furnishes false information, he shall, on conviction be punishable with fine which may extend to rupees two hundred. (2) If any officer, member, or a staff of the Board or a market committee wilfully neglects or refuses to do any act or wilfully or without any reasonable excuse disobeys a lawful written order issued under the provisions of this Act or fails to furnish information or return lawfully required from him he shall, on ponviction, be punishable with fine which may extend to rupees five hundred. Chairman. 43. Th° Chairman, Vice-Chairman, Members, m‘aCn ^.'Secretary and other officers and staff of the Board or a bers’ and market committee shall be deemed to be public A c t staff of servants within the meaning of section 21 of the o f 1860. market Indian Penal Code. committees to be public servants. Bar of suit S u^ s^all be instituted against the in absence Board or a market committee or any member, officer of Notice, or staff thereof, or any person acting under the direction of such Board or market committee, for anything done or "purported to be done in good faith by such member, officer, staff or person under this Act, until the expiration of two months next after notice in writing, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, has been in the case of the Board or a market committee, delivered or left at its office, and in the case of any such member, officer, staff or person as aforesaid, delivered to him or left at his office or usual place of abode, and the plaint shall contain a statement that such notice has been so delivered or left. (2) Every such suit shall be barred unless it is instituted within six months from the date of the accrual alleged cause of action. (rial of 45. (1) No offence under this Act, or any rule offences or bye-law framed thereunder shall be tried b y a Court other than that of Judicial Magistrate of the First Class or a Judicial Magistrate of the Second Class, specially empowered in this behalf by the State Government. (2) Prosecution under this Act, rules or bye-laws framed thereunder may be instituted by any person duly authorised in writing by the State Government or the market committee in this behalf. 26 Admissibility 46. A copy of any entry in any book, register of copy o f o r us t regularly kept in course of business in the evidence possession of a market committee shall, if duly certified, in such manner as may be prescribed, be admissible in evidence of the existence of such entry and shall be admitted as evidence of the matter and the transaction therein recorded in every case, where, and to the same extent to which the original entry would, if produced have been admissible to prove such matter. (2) In the case of such market committee as the State Government, by general or special order, may direct, no officer of a market committee shall in any legal proceedings to which the market co­ mmittee is not a party be compelled to produce any of its books, the contents of which can be proved under sub-section (1) or to appear as a witness to prove the matters, transactions and' accounts therein recorded unless otherwise ordered by the Court in that behalf. Recovery of 47.(1) Every sum due from a market committee sums due t }l e State Government or the Board or any local ‘'market™ authority shall be recoverable as an arrear of land committee, revenue. (2) Every sum d u e t to a market committee from any person shall be reduced to the ■ form of a demand certificate, as prescribed, over the signa­ ture of the Director or of such gazetted officer as may have powers delegated to them by the Director in this behalf, and shall be recovered as an arrear of land revenue on such certificate being forwarded to the certificate officer concerned. Power of 48. The State Government may delegate, by C'overnmentn O t ^ c a t 0̂ n *n t î e Gazette any of the powers to°delegate conferred on it by or under this Act, to any of its its power, officers or to the board or to its Ghairman or Secretary. Power to 49. (1) The State Government may either gene­ make rules, rally or specially for the Board or any market area or market areas make rules, after previous publication, for the purpose of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for or regulate— (i) the qualifications of voters, the preparation and revision of the lists of voters, the division of market area into constituencies, the election, appointment and nomination of members of n the market committee, the manner of holding election, the drawing up of the election programme, the fixing of polling stations and the appointment of Returning, Presiding and Polling Officers, the declaration of the results of election and matters regarding appeals in respect of disputes in connection with elections; (iiy the election of the Chairman and the Vice- Chairman of the market committee ; e ** (iii) the filling up of casual vacancies in the office of Chairman, Vice-Chairman or member of a market committee ; (iv) the powers to be exercised and the duties to be performed by a market committee and its Chairman, Vice-Chairman and A w Secretary; (v) the management of the market, minimum and maximum cess which may be levied and collected by the market committee, the method, manner and mode of collection of such cess in respect of agricultural produce regulated under the Act and sold and resold in the market area ; (vi) the issue of licences to traders, persons, and firms engaged in processing of agricultural produce, commission agent, brokers, weighmen, measurers, surveyers, warehouse man, 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 Director and the form in which and the condition subject to which such licences shall be issued, cancelled, or renewed therefor ; (vii) the method and manner of holding mee­ tings, the procedure to be followed at such meetings and the powers to be exercised at such meetings ; (viii) the form in which returns shall be •V submitted by the Board or a market committee to the Director and such other officers as may be authorised by the Director ; (ix) 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 ; (x) the kind and description of the weights and measures and the weighing and measuring instruments which alone shall be used in the transactions in agricultural produce in market areas ; 28 (xi) the periodical inspection of all weights and measures and weighing and measuring instruments i n use in market areas ; (xii) the procedure to be followed in presenting and disposing of an appeal to the State Govern­ ment or the officer appointed by it in that behalf under sub-section (2) of section 22 ; (xiii) the manner in which the inquiry and inspection of the Board or a market committee shall be held ; o (xiv) the matters in respect of which the Board or a market committee shall or may make bye-laws and the procedure to be followed in making or abrogating bye-laws and the conditions to be fulfilled prior to making such abrogations and alterations ; (xv) the declaration of market proper and <5 market yards; (xvi) the service rules, recruitment rules, provi- dent fund rules, pension rules and such other rules as may be required for the employment of the staff of the Board and the Market committee ; (xvii) the trade allowance which may be made or received by any person in any transaction in any agricultural produce in a market area ; (xviii) the prohibition of brokers from acting in any transaction on behalf of both the buyer and seller of agricultural produce or as a buyer or seller ; (xix) the provision of accommodation for storing any agricultural produce brought into the market ; (xx) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the market committee, and the grant or sanction to such plans and estimates ; (xxi) the form in which the accounts of the Board or a market committee, and the grant or sanction to plans and estimates shall be kept, the audit, inspection and publication of such accounts if any to be made for such audit and the inspec­ tion of audit memoranda of the accounts and supply of copies of such memoranda ; (xxii) the preparation and submission for sanction of the annual budget and the report and returns to be furnished by the Board or a market committee ; I 29 (xxiii) the investment and disposal of the surplus funds of a market committee ; / (xxiv) the regulation ol advances, if any, given to agriculturists by brokers, commission agents, or traders ; (xxv) the prevention of adulteration of agri­ cultural produce » (xxvi) th e grading and standardisation of agri­ cultural produce ■ (xxvii) the keeping of a list of pi ices of agri­ cultural produce in respect of which the market is established ; (xxviii) the manner in which auctions of agri­ cultural produce shall be conducted and bids made and accepted in any market ; (xxix) the recovery and disposal of cost leviable by or under this Act ; (xxx) other matters relating to the functioning of the Board or the Market Committee. (3) Any rule made under this Act may provide that lor any contravention thereof or any of the conditions of licence issued or renewed, the offender shall, on conviction, be punishable with fine which may extend to rupees two hundred. (4) Every rule made under this section shall be laid as soon as may be aftei' it is made, before the Assam Legislative Assembly while it is in session lor a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agree in making - any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such , modified form or be of no effect, as the case may be ; so however, that any such modification or amendment shall be without prejudice to the vali­ dity of anything done under th a t rule. Bye-laws 50.(1) Subject to any rules made by the State Government under section 49, the market committee may, in respect of the agricultural produce and the market area under its management make bye­ laws and from time to time alter or rescind the same, but not so as to render them inconsistent with 30 this Act and rules made for the regulation of busi­ ness and the conditions of trading therein with the previous sanction of the Director or any other officer specially empowered in this behalf by the State Government. (2) Any bye-law made under this section may provide that any contravention thereof shall, on conviction, be punishable with fine which may ex­ tend to rupees one hundred. (3) When the Director or any other officer empo­ wered in this behalf by the State Government sanctions any amendment of the bye-laws of a market committee, he shall issue to the market committee a copy of the amendment certified by him which shall be conclusive evidence that it is duly sanctioned. owerofthe 51.(1) Notwithstanding anything contained in impTse" Othis Act or the rules or bye-laws framed there- byt-laws. u nder, if the Director considers that an amend­ ment, alteration, rescission or adoption of a new bye-law is necessary or desirable in the interest of market committee, he may by an order in writing to be served on a market committee by registered post, require it to make such amendment, alteration, rescission or adoption of a bye-law within such time as may be specified in such order. (2) If the market committee fails to make any such amendment, alteration, rescission or adoption of the bye-law within the time specified by the Director in his order under sub-section (1), the Director may, after giving the market committee an opportunity of showing cause why such amend­ ment, alteration, rescission, or adoption should not be made, register such amendment, alteration, rescis­ sion or adoption of bye-law and issue a certified copy thereof to such market committee. (3) The market committee may, within one month from the date of the issue of an order made under sub-section (2) appeal from such order to the State Government. (4) Where no appeal is presented within one month from the date of the issue of an order under sub-ssetion (2) registering an amendment such amend­ ment shall not come into force till the order is confirmed by the State Government. (5) A certified copy of the amendment of the bye-law registered by the Director under sub-section (2) shall, subject to the result of an appeal, if any, under sub-section(3) be conclusive evidence that it has been duly registered and such amendment, alteration, rescission or adoption of bye-law shall be deemed to have made by the market committee. 31 Power of 52. (1) The State Government may, at any State G o- tjm e c a u fo r a n c [ examine the proceedings of the o r a n Y m a r ket committee for the puipose of proceedings satisfying itself, as to the legality or propriety of of market any decision or order passed by the Board or market committees committee under the rules. If in any case, it aiordersPaSS a PPe a r s t o the State Government that any decision thereon, or order or proceedings so called for should be modified, annulled or revised the State Government may pass such order thereon as it may think fit. (2) The State Government may, by general or special order delegate to the Director all or any of the powers conferred upon it by this section. Powers of 53. The State Government may, by notification State Go- in the official Gazette add to, amend or cancel any vernment to o f the items of agricultural produce specified in Tchelul^ t h e S c h e d u l c - Savings. 54. Nothing contained in the Assam Panchayati ft Raj Act, 1972 or in any other law for the time being in force relating to the establishment, main­ tenance or regulation of a market shall apply to » any market area or affect in any way the powers of a market committee or the rights of a holder of a licence granted under sub-section (2) of section 13. Assam Act X I of 1973. 32 SCHEDULE [ See Section 2 (1) (i) ] (1) Jute (baled and unbaled). (1) Mandarin. (2) Cotton (ginned and ungin­ (2) Lime. ned). (3) Lemon. (3) Mesta. (4) Musambi. (4) Sunnhemp. (5) Valencia. (6) Grape fruits. (7) Other citrus. (8) Banana. (9) Papaya. II. Cereals:— (10) Guava. (1) Paddy. (11) Jackfruits. (2) Rice. (12) Mango. (3) Muri. (13) Plum. (4) Chira. (14) Peaches. (5) Khai. (15) Pears. (6) Wheat and wheat products. (16) Apples. (7) Maize. (17) Pine apples. (8) Other millets. (18) Bel. . (9) Paddy husk. (19) Blackberry. (10) Rice brand and polished. (20) Rose apple. (11) Wheat brand and polished. (21) Sapeta. (22) Melons. (23) Tamarind. III. Pulses:— (1) Matikalai or Mati ah. (2) Mug. (3) Arahar. (4) Peas. (5) Gram. (6) Musur. V II. Vegetables:— (1) Potato. (2) Sweet potato. (3) Onion. (4) Tomato. (5) Leafy and fresh vegetables. (6) Yam. IV. Oil seeds:— (1) Sesamum or til. (2) Mustard. (3) Linseed. (4) Castor seed. (5) Cotton seed. (6) Coconut. (7) Tisi. V. Narcotics:— (1) Tobacco. V III. Animal Husbandry products:— ' (1) Eggs. 5 (2) Poultry. (3) Cattle. (4) Sheep. * (5) Horse. (6) Goat. (7) Buffaloes. (8) Milk. (9) Butter and cream. (10) Ghee. (11) Wool. (12) Hide and skin-