The Assam Agricultural Produce Market Act, 1972
ASSAM ACT X X III OF 1974

**(Received the assent of the Previsent on the 3rd September, 1974**

#### THE ASSAM AGRICULTURAL PRODUCE MARKET Act, 1972

**CHAPTER I**

**Prelim inary**

CONTENTS

#### Clause

 1. Short title, extent and commencement ...

 2. Definitions

**CHAPTER II**

**Constitution o f the State Agricultural 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 Objects. Pow ers**

**and D uties**

#### 13. Incorporation of Market Committee ... ... ...

 14. Functions of the Market Committee


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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

**Miscellaneous**

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 ... ...         - •         - •         - •


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**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
Market 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


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**[ Published in the A ssam Gazette, Extra rdinary, dated the 24th**

**September, 1974 J**

**An**

**Act**

**To provide for better regulation** **o f buying and selling o f**

**agricultural produce and the establishm ent o f m arkets for agri­**

**cultural produce in the State o f A ssam and**

**for m atters** **connected** **therew 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**

**Prelim inary**

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) It 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) It 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;


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(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 ;


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**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 ct;

**(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;


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### (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;


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(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.

**Explanation:** For the purpose of this Act, th c

word “person” includes any firm, joint family, asso­
ciation or body of individuals whether incorporated
**or** not.

**CHAPTER II**

**Constitution o f the State Agricultural M ar­**

**keting Board, M arket and M arket Com 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.


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_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 :


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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.


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(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.


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(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 actor 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.

of[eC ,]market 5.(1) After the expiry of the period specified

°re 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


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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 rc 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
ramed thereunder in such market area.


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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 8. (1) Every market committee or a Gaon Pan

of Marke chayat shall consist of the following members’

Committee.

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 ;

(v) one to be nominated by the State Govern­

ment ;

_9_

(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.

_» ■_


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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.

**Period** 9. (1) Every member of a market committee
**office**

**Market** other than the first one constituted by the State Go-
**Committee,** vernment shall hold office for a period of three years

commencing from the date of first meeting of the
reconstituted market committee at which a quorum
is present. The market committee shall, thereafter,

be reconstituted every three years before the expiry
of the third year and not earlier than three months
prior to such expiry.

(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.


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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.

(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

of the existence of any vacancy in or any defect
in the constitution of the committee.

Chairman 10. (1) subject to the provision of sub-section (3)

and Vice- n [f ] Section 8 every market committee shall elect,

Chairman of .

the manner prescribed, one of its members to

Market Corn*[m]
___ 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.


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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 at 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 [i]vj[ia 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.


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(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 of 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-
ttee[8 0m Ini]* 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 [s] hall 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;


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(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.

Power of 15. A market committee shall have the
the mar­ power to regulate entry of persons into the prin­
ket

cipal or sub-market yards, to supervise the behaviour

committee.

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.

Duties of 16. It shall be the duty of every market
the committee to enforce the provisions of this Act,
market

the conditions of licence granted under the rules

committee.

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-.


-----

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] ^[O r ] m a n a Se m e n t °f th e 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

   - contracts. c e m m jttee shall be in writing and shall be signed

by its Chairman, Secretary and two o ..er members

       - the committee.

Every market committee shall levy and

cvy ' 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 rte d out of the country.

Explanation—-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.


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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]C[onf][a r] [’][t] [he 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^o[01- c o n s t r u c t] i°[n] °f any [r u] ’[e] framed under the afore-

be[CaS]decided[s 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 meet
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 sue[1,]

persons. The emoluments and terms and conditions

of service of such officers shall be fixed by the

Board:


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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

fund ihall be committee ™ *c -™“[rk e t]following purposes, namely :—market committee fund shall be expended for the 1 r

      - pended.

(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


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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 pU]r [p]O se[ other than those specified under the ]

last prec[e] 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.


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21

CHAPTER V

Miscellaneous

Liabilities of 30. (1) The State Government may, on the

members of recommendations of the market Committee

market com­

supported by at least two third of the total

mittee to

removal members or on the recommendations of the

from office. 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 become

incapable of performing his duties as a mem-
b er:

Provided that no recommendations shall be

made by the market committee or the Director
unless the member has been given a reasonable

e

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.

Members to

be held res­ 31. Every member of the market committee

ponsible shall be personally liable for the mis-appli ca­

for mis­ tion of fund to which he shall have been a

application

party, or which shall have happened through,

of Funds.

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.

e Duty to fur- 32. When the affairs of the Board or of

nish informa-a market committee are investigated or the pro­

hon to ceedings of such CppHinOc o f Vlinll Board or Rnnprl n r committee are
Director and
ether autho­ examined by the Director or any other officer
rised 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.


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**Power to** e

**i*»pect.** b y t h e [ g]t 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 crm c gencv, * other steps as may be deemed necessary in the [u n] d[e r] the provision of this Act and take such

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 f o 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,


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### 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 Governmen[1]: "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.


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(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 ^ lf 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°[n]of[aV<:n]' [s e c] ^ [o n ] s e c tt° 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 [k]e [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 p o 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

o

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 jj o a r ( j o r a m a rket committee under Section 32,

**(a)** Wilfully neglects or refuses to furnislt

any information, or


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(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 ct

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 by 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.


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Admissibility 46. A copy of any entry in any book, register

of copy o f o r u s 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 tto 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'overnment[n O t] ^ c a t ^0 n *n t ^i 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


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## 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 Secretary;

(v) the management of the market, minimum

w 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

  - 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 ;


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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 ;


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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) the 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 that 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


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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" [Ot]his Act or the rules or bye-laws framed there-

byt-laws. under, 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.


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Power of 52. (1) The State Government may, at any

State Go- tjm e c a [u f]o 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 to 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 lc]        -

Savings. 54. Nothing contained in the Assam Panchayati Assam Act

ft Raj Act, 1972 or in any other law for the time X I of 1973.
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.


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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:— VII. Vegetables:—

(1) Matikalai or Mati ah. (1) Potato.
(2) Mug. (2) Sweet potato.
(3) Arahar. (3) Onion.

(4) Peas. (4) Tomato.
(5) Gram. (5) Leafy and fresh vegetables.
(6) Musur. (6) Yam.

IV. Oil seeds:— VIII. Animal Husbandry products:— '

(1) Sesamum or til. (1) Eggs. 5
(2) Mustard. (2) Poultry.
(3) Linseed. (3) Cattle.

(4) Castor seed. (4) Sheep.           -

(5) Cotton seed. (5) Horse.
(6) Coconut. (6) Goat.
(7) Tisi. (7) Buffaloes.

(8) Milk.

(9) Butter and cream.

(10) Ghee.

V. Narcotics:— (11) Wool.

(1) Tobacco. (12) Hide and skin-


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