(1)

(1) The State Government may, for exercising powers conferred on and performing the functions and duties assigned to the Board by or under this Act, establish and constitute the Punjab State Agricultural Marketing Board, consisting of a Chairman, to be nominated by the State Government and twenty other members of whom, ten shall be officials and ten non-officials, to be nominated by the State Government in the following manner, namely :-

(a) official members shall include -

(i) the Financial Commissioner Development-cum-Principal Secretary to Government of Punjab, Department of Agriculture or his representative;

(ii) the Principal Secretary to Government of Punjab, Department of Finance or his representative ;

(iii) the Director, Horticulture, Punjab ;

(iv) the Director, Agriculture, Punjab ;

(v) the Secretary of the Board ;

S.3(a) The powers of the Board in respect of the transferred territory and the Union Territory of Chandigarh.

Notwithstanding anything contained in this Act, the Administrator of the Union Territory of Himachal Pradesh in relation to the transferred territory and the Administrator of the Union Territory of Chandigarh in relation to that Territory, shall, until other provision is made by law ; be deemed to be the Board constituted under this Act, respectively for the transferred territory and Union Territory of Chandigarh and accordingly shall perform the functions, discharge the duties and exercise the powers of the Board in relation to these areas.]

S.4 [Advisory committee...Omitted.]

S.5 Notification of intention of exercising control over purchase, sale, storage and processing of agricultural produce in specified area.

The State Government may, by notification, declare its intention of exercising control over the purchase, sale, storage and processing of such agricultural produce, and in such area as may be specified in the notification. Such notification shall state that any objections or suggestions which may be received by the State Government within a period of not less than thirty days to be specified in the notification, will be considered.

S.6 Declaration of notified market area.

(1) After the expiry of the period specified in the notification under section 5 and after considering such objections and suggestions as may be received before the expiry of such period, the State Government may, by notification and in any other manner that may be prescribed, declare the area notified under section 5 or any portion thereof to be a notified market area for the purposes of this Act in respect of the agricultural produce notified under section 5 or any part thereof.

(2) The State Government if satisfied that in any notified market area a Committee is not functioning [or two such areas or parts thereof are to be amalgamated or a part of any such area is to be amalgamated with another such area or is to be constituted into a separate notified market area,] may by notification denotify any market area notified under sub-section (1) or any part thereof and, when the whole of such area is denotified, cancel a Committee and transfer all

S.7 Declaration of market yards.

(1) For each notified market area, there shall be one principal market yard, one or more sub-market yards, one or more seasonal market yards, one or more special market yards, one or more producer and consumer market yards, one or more producer market yards and one or more private market yards as may be necessary.

(2) The State Government may, by notification, declare any enclosure, building or locality in any notified market area to be principal market yard for area and other enclosures, buildings or localities to be one or more sub-market yards, one or more seasonal market yards, one or more special market yards,on or more producer and consumer market yards, one or more producer market yards and one or more private market yards for the area.

S.7(a) Establishment of Seasonal Market Yard.

(1) The Secretary of the Board may for a particular crop or crops notify any enclosure or building or local in a notified market area to be a seasonal market yard which shall be established maintained and operated by market committee concerned primarily in the harvesting season of that particular crop or crops, as the case may be.

(2) In the notified market yard under sub-section (1), the Market Committee concerned have to establish a market therein and provide such facilities marketing of agricultural produce and also for persons visiting it in connection with the purchase, sale, storage, weighment and processing of agricultural produce concerned as the Secretary of the Board may direct from time to time.

S.7(b) Establishment of special market yard.

(1) In order to notify a special market yard under section 7, the State Government, apart from other things shall also consider such aspects as turnover, serving area and special infrastructural requirements of particular commodities to be marketed therein as prescribed.

(2) Such special market yards may be managed either directly by the or through Public Private Partnership or through a co-operative or corporate or Special Purpose Vehicle or individuals as may be notified from time to time and shall not be under the control of the Market Committee concerned.

S.7(c) Establishment of private market yard.

(1) A private market yard may be set up by any person with suitable infrastructure in accordance with the provisions of this Act and rules made thereunder for the sale or purchase of agricultural produce as may be specified by the State Government.

(2) The owner of the private market yard, referred to in sub-section (1) shall neither be permitted himself for sale or purchase of agricultural produce in the private market yard so developed and managed by him nor any other person shall do so on his behalf, as the case may be.

(3) Save as otherwise provided in this Act, the owner of the private market yard or its management committee, by whatever name called, referred to in sub-section (1) shall perform such functions and duties of the Market Committee as prescribed and under the overall supervision of the Competent Authority or any other officer authorised in this behalf.

(4) The private market yard refer

S.7(d) Establishment of producer and consumer market yard.

Producer Market Yard (Kissan Mandi) may be established outside the principal market yard or sub-market yard in the notified market area. Such market yard may be set up with suitable infrastructure in accordance with the provisions of this Act and the rules made thereunder, by a group of producers or Farmer Producer Organization or Farmer Agri. business Consortium or Farmer Producer Company or the Market Committee in any notified market area for sale to wholesellers or institutional buyer or any other buyer as may be prescribed.

S.7(e) Establishment of producer market yard (Kissan Mandi).

Producer Market Yard (Kissan Mandi) may be established outside the principal market yard or sub-market yard in the notified market area. Such market yard may be set up with suitable infrastructure in accordance with the provisions of this Act and the rules made thereunder, by a group of producers or Farmer Producer Organization or Farmer Agri. business Consortium or Farmer Producer Company or the Market Committee in any notified market area for sale to wholesellers or institutional buyer or any other buyer as may be prescribed.

S.7(f) Permission for e-trading platform

Subject to the provisions of this Act and the rules made thereunder, the State Government may grant permission to any person for setting up a platform for spot marketing of notified agricultural produce in the State, on fulfillment of such terms and conditions in such manner as may be prescribed:

Provided that owner or service provider of "e-trading platform" shall neither be permitted himself for the sale or purchase of agricultural produce in the "e-trading platform" so developed and managed by him nor any other person shall do so on his behalf, as the case may be.

S.7(g) Permission for direct marketing.

Subject to the provisions of this Act and the rules made thereunder, the State Government may grant permission to any person for purchase of the agricultural produce directly from producers outside the principal market yard or sub-market yard or at any place specified in the notified market area, on fulfillment of such terms and conditions in such manner as may be prescribed.

S.7(h) Public private partnership.

The Board or with the permission of the Board, a Committee or group of Committees may create, promote, manage and maintain infrastructure for a market yard or for value addition such as cleaning, standardization, grading and post harvest handling of agricultural produce including cold storages, pre-cooling facilities and pack houses in notified market area through public private partnership.]

S.8 No private market to be opened in or near places declared to be markets.

Save as otherwise provided in Section 7, [on and after] the date on which the State Government have by a notification under section 7 declared any place to be a principal or sub-market yard, no person or Municipal Committee, District Board, Panchayat or any Local Authority, notwithstanding anything contained in any enactment relating to such Municipal Committee, District Board, Panchayat or Local Authority shall be competent to set up, establish or continue or allow to be continued any place within the limits of such market or within a distance thereof to be notified in the official gazette in this behalf in each case by the State Government for the purchase, sale, storage and processing of any agricultural produce :

Provided that a producer shall not be deemed to set up, establish or continue or allow to be continued a place as a market for the purposes of the purchase, sale, storage or processing of agricultural produce if he sells his own agr

S.9 Authority to whom applications for grant of licences are to be made.

The [Secretary of the Board] or any other officer authorised by him in writing in this behalf shall be the authority for granting licences required under section 6.

S.10 Applications for licences, fees to be paid and cancellation or suspension of licences.

[(1) Any person may apply to the authority specified in section 9 for a licence which may be granted for such period, in such form, on such conditions and on payment of such fees as may be prescribed:

Provided that the license granted to commission agent and other market functionaries under sub-section (1) shall be valid for all the market yards notified under section 7:

Provided further that if any person carrying on any business of the nature specified in sub-section (3) of section 6 in a notified market area on the date of issue of notification under sub-section (1) of that section, fails to apply for a licence on or before the date specified therein for obtaining licence, the prescribed authority may, before a licence is issued, impose on him such penalty as may 1 prescribed.

(1A) Any person may apply to the competent authority for a licence applicable to the whole of the State, which may be grante

S.10(a) Certain persons to be licensees.

Any person to whom a licence is granted under section 10 shall be deemed to be a licensee under that section for the purposes of this Act and the rules made thereunder including that of levy of fees under section 23 on the agricultural produce bought or sold by him in the notified market area, irrespective of the fact whether the business of buying or selling of agricultural produce is specified in his licence or not.]

S.10(b) Granting of Licence to private person.

Any person who desires to establish a private special market yard, private market yard, private e-trading platform private producer and consumer market yard or private producer market yard (Kissan Mandi) in any notified market area under section 7, shall apply to the competent authority alongwith requisite fee for grant of license and the competent authority shall grant the licence for such period, in such form, on such terms and I I conditions as may be prescribed.

S.10(c) Settlements of dispute.

Any dispute concerning private yards licenced under section 10-B shall be referred to the competent authority or any officer authorised by it and the decision thereon shall be final.

S.10(d) Registration of ad-hoc buyer.

Any person desirous of wholesale buying from the principal market yard or sub-market yard for his own consumption without obtaining licence under section 10 shall have to get himself registered with the concerned Market Committee, in the form and in the manner, as may be prescribed and he shall have to specify the day of purchase of agricultural produce at the time of registration and shall be liable to pay market fee at the prescribed rate to the said Committee before lifting the agricultural produce:

Provided that the buyer shall not make such wholesale purchases more than three times in a month across the State.

S.10(e) Sale of agricultural produce.

(1) No agricultural produce shall be sold at any place other than the markets notified under section 7.

(2) Nothing in sub-section (1) shall apply to the sale of agricultural produce made by the producer to any person for his domestic consumption up to such quantity as may be prescribed.

(3) The agricultural produce may be sold by the producer at any place outside the market yards notified under section 7 to a license holder especially permitted in this behalf by the prescribed authority, subject to such terms and conditions as may be prescribed:

Provided that the provisions of this Act shall not apply to the sale or purchase of agricultural produce covered under the provisions of the Punjab Contract Farming Act, 2013.]

S.11 Establishment of Market Committee.

(1) The State Government shall by notification establish a market committee for every notified market area and shall specify its headquarters.

S.12 Constitution of Committees.]

(1) A Committee shall consist of [twelve] or sixteen members as the state government may in each case determine, out of whom one shall be appointed by the state government from amongst its officials :

Provided that where in a notified market area, there is in existence a Co- operative Society, the Committee shall consist of [thirteen] or seventeen members, as the case may be.

(2) The remaining members shall be nominated by the state government by notification in the Official Gazette as follows :-

(a) if the Committee is to consist of [twelve] members, there shall be nominated, -

[(i) "Six members from amongst such producers, who are members of Gram Panchayats or Panchayat Samitis situated in the notified market area :

Provided that out of the six members, one may or may not be a member of the Gram Panchayat or Panchayat Samiti situated in the notified area :<

S.12(a) Supersession of nominated Committees.

On and from the commencement of the Punjab Agricultural Produce Markets (Amendment) Act, 2017 -

(a) all the Committees, constituted by way of nomination under section 12 as it existed immediately before such commencement, shall stand superseded;

(b) all the members including the Chairman and the Vice-Chairman every Committee, shall cease to hold office;

(c) during the period of supersession of the Committees, all powers and duties conferred and imposed upon the Committee, its Chairman, Vice-Chairman and other members by or under Act, shall be exercised and performed by such officer, as the Government may appoint in that behalf; and

(d) all the properties vested in the Committees shall, until these re-constituted, vest in the Government:

Provided that the Committees shall be re-constituted in accordance with the provisions of section 12 within a period of one

S.13 Duties and powers of Committee.

(1) It shall be the duty of a Committee -

(a) to enforce the provisions of this Act and the rules and bye-laws made thereunder in the notified market area and, when so required by the [ - ] Board, to establish a market therein providing such facilities for persons visiting it in connection with the purchase, sale, storage, weighment and processing of agricultural produce concerned as the [ - ] Board may from time to time direct :

(b) to control and regulate the admission to the market, to determine the conditions for the use of the market and to prosecute or confiscate the agricultural produce belonging to person trading without a valid licence;

(c) to bring, prosecute or defend or aid in bringing, prosecuting or defending any suit, action, proceeding, application or arbitration, on behalf of the Committee or otherwise when directed by the Board [-].

(2) Every person licensed unde

S.14 Term of office of members.

[Subject to the provisions of Section 17, a nominated member of a Committee shall held office for a period of three years from the date of his nomination.]

S.15 Removal of members.

The State Government may by notification remove any member if, in its opinion, he has been guilty of misconduct or neglect of duty or has lost the qualification on the strength of which he was appointed :

Provided that before the State Government notify the removal of a member under this section, the reasons for his proposed removal shall be communicated to the member concerned and he shall be given an opportunity of tendering an explanation in writing.

S.16 Appointment of Chairman and Vice-Chairman.

[(1) The State Government shall appoint a Chairman and a Vice-Chairman from amongst the members of the Committee :

Provided that no official member of a Committee shall be entitled to be appointed its Chairman or Vice-Chairman.

(2) The Committee may by a majority of two-thirds of total members, at a meeting specially convened for the purpose pass a resolution for the removal of any of the office bearer and any resolution so passed shall be subject to confirmation by the Board.]

S.17 Filling of vacancies.

(1) Whenever any member dies, resigns, ceases to reside permanently in the notified market area or becomes incapable of acting as a member of a Committee or any vacancy occurs through transfer or removal in accordance with the provisions of section 15 or otherwise, the State Government may appoint a member to fill in such vacancy in accordance with the provisions of section 12.

Provided that the term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period allowed under section 14 unless there be delay in appointing a new member to succeed the member first mentioned above in which case it shall expire on the date on which his successor is appointed by the State Government.

(2) Should the State Government decide to raise the number of members of an existing Committee from 9 to 16, the additional vacancies

S.17(a) Election petition.......Omitted]

S.18 Incorporation of Committees.

Every Committee shall be a body corporate as well as a local authority by such name as the State Government may specify in the notification establishing it, shall have perpetual succession and a common seal, may sue and be sued in its corporate name, and shall subject to the provisions of section 32 be competent to acquire and hold property, both moveable and immoveable to lease, sell or otherwise transfer any moveable and immoveable property which may have become vested in or been acquired by it, and to contract and to do all other things necessary for the purposes for which it is established.

Provided that no Committee shall permanently transfer any immoveable property except in pursuance of resolution passed at a meeting specially convened for the purpose by a majority of not less than three-fourth of the members of the Committee and with prior approval of the Chairman of the Board.

S.19 Appointment of sub-committees and joint committees and delegation of powers.

A Committee may appoint, one or more of its members or others to be a sub-committee or to be a joint committee or to be an ad-hoc committee for the administration of the sub-market yard, for the conduct of any work or for reporting any matter and may delegate to such committee or any one or more of its members such of its powers or duties as it thinks fit;

Provided that when any such committee is to consist of, or the powers of the Committee are delegated to one member the resolution shall operate only after it is duly approved by the [ - ] Board.

S.20 Appointment and salaries of officers and servants of committees.

(1) Every committee shall have a person as its Secretary, appointed by the Board as its servant, and lent to the Committee subject to such terms and conditions as the Board may prescribe.

(2) A Committee may, with the previous approval of the [Secretary of the Board] employ such other officers and servants as may be necessary for the management of the market and may pay such officers and servants salaries as fixed by the Board for different cadres and shall have power to control and punish them :

Provided that where the basic pay of an employee is less than [five hundred rupees] the previous approval of the [Secretary of the Board] for the appointment will not be necessary :

Provided further that if after examining the records obtained from the Committee or otherwise the [Board] is satisfied that any officer or servant of the Committee is negligent in the discharge of his duties the Committee shall on

S.21 Persons who are to be deemed Public Servants within the meaning of section 21 of Indian Penal Code.

Every member and officer or servant of the Board or a Committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

S.22 Execution of Contracts.

(1) Every contract entered into by a Committee shall be in writing and shall be signed on behalf of the Committee by the Chairman or, if for any reason he is unable to act, by the Vice-Chairman, and [one other member and the Secretary] of the Committee and shall be sealed with the common seal of the Committee.

(2) No contract other than a contract executed as provided in sub-section (1) shall be binding on a Committee.

S.23 Levy of fees

(1) A committee shall subject to such rules as may be made by the State Government in this behalf, levy on ad-valorem basis -

(i) fees on the agricultural produce bought or sold by a licensee in the notified market area at a rate not exceeding [three rupees] for every one hundred rupees; and

(ii) also additional fees on the agricultural produce when sold by a producer to a licensee in the notified market area at a rate not exceeding one rupee for every one hundred rupees:

Provided that -

(a) no fee shall be leviable in respect of any transaction in which delivery of the agricultural produce bought or sold is not actually made; and

(b) a fee shall be leviable only on the parties to a transaction in which delivery is actually made.

(2) Subject to the presentation of requisite documents as prescribed, no fee shall be levied on the agricultu

S.23(a) Saving of excess fee charged.

(1) Notwithstanding anything contained in any judgment, decree or order of any court, it shall be lawful for a Committee to retain the fee levied and collected by it from a licensee in excess of that leviable under section 23, if the burden of such fee was passed on by the licensee to the next purchaser of the agricultural produce in respect whereof such fee was levied and collected.

(2) No suit or other proceedings shall be instituted, maintained or continued in any court for the refund of whole or any part of the fee retained by a Committee under sub-section (1) and no court shall enforce any decree or order directing the refund of whole or any part of such fee.

(3) If any dispute arises as to the refund of any fee retained by a Committee by virtue of sub-section (1) and the question is whether the burden of such fee was passed on by the licensee to the next purchaser of the concerned agricultural produce, it shall be pre

S.23(b) Levy of user charges.

The Board shall levy user charges for the use of infrastructure provided in the principal market yard or sub-market yard or special market yard, seasonal market yard, as the case may be, at the rate as may be prescribed.]

S.24 Octroi not payable on certain agricultural produce.

Notwithstanding anything to the contrary contained in the Punjab Municipal Act, 1911 [and any other corresponding law for the time being in force], the State Government may by notification direct that in respect of such agricultural produce notified under section 6, brought or received within a notified market area, as may be specified in the notification, no octroi shall be payable by any person to a Municipal Committee from such date as may be specified therein.

S.25 Marketing Development Fund.

All receipts of the Board shall be credited into a fund to be called the Marketing Development Fund.

[(2) All expenditure incurred by the Board shall be defrayed out of such fund which shall be operated upon in such manner as may be prescribed].

S.25(a) Price Stabilization Fund.

(1) The State Government, may by notification levy Agricultural produce price Stabilization Fee on the commission paid to a licensed commission agent on sal, purchase or both, of agricultural produce in the market yards declared under sections 7 to 7-F of this Act, at such rate, as may be notified by the Government from time to time.

(2) All receipts under sub-section (1) shall be credited into a fund to be called the Price Stabilization Fund and the account of said fund shall be maintained separately, which shall not be utilized for the purpose other than it is made for.]

S.26 Purposes for which the Marketing Development Fund may be expended.

The Marketing Development Fund shall be utilised out of following purposes : -

(i) better marketing of agricultural produce ;

(ii) Marketing of agricultural produce on co-operative lines ;

(iii) collection and dissemination of markets rates and new s;

(iv) grading and standardisation of agricultural produce ;

(v) general improvements in the market or their respective notified market areas;

(vi) maintenance of the office of the Board and construction and repair or its office buildings, rest-house and staff quarters ;

(vii) giving aid to financially weak Committees in the shape of loans and grants;

[(vii-a) repayment of loans and payment of interest thereon;]

(viii) payment of salary, leave allowance, gratuity, compassionate allowance, compensation for injuries or death resu

S.27 Market Committee Fund.

(1) All moneys received by a Committee shall be paid into a fund to be called the Market Committee Fund and all expenditure incurred by the Committee under or for the purposes of this Act shall be defrayed out of such fund, any surplus remaining after such expenditure has been met shall be invested in such manner as may be prescribed.

(2) (a) Every Committee shall out of its fund pay to the Board as contribution such percentage of its income derived from licence fee, market fee and fines levied by the Courts as is specified below to defray expenses of the office establishment of the Board and such other expenses incurred by it in the interest of the Committees generally and also pay to the State Government the cost of any special or additional staff employed by the State Government in consultation with the Committee for giving effect to the provisions of this Act in the notified market area -

S.27(a) Contribution to Board.

The private market yard, producer and consumer market yard, e-trading platform and private producer market yard (Kissan Mandi) licensee shall contribute, the user charges at the prescribed rate to the Marketing Development Fund.]

S.28 Purposes for which the Market Committee Funds may be expended.

Subject to the provisions of section 27, the Market Committee Funds shall be expended for the following purposes :-

(i) acquisition of sites for the market ;

(ii) maintenance and improvement of the market ;

(iii) construction and repair of buildings which are necessary for the purposes of the market and for the health, convenience and safety of the persons using it ;

(iv) provision and maintenance of the standard weights and measures ;

(v) pay, leave, allowances, gratuities, compassionate allowances and contributions towards leave allowances, compensation for injuries and death resulting from accidents while on duty, medical aid, pension or provident fund of the persons employed by the Committee ;

(vi) payment of interest on loans that may be raised for purposes of the market and the provisions of a sinking fund in respect of such loans

S.29 Liability of member or employee of Committees or the Board.

(1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a Committee, if such loss, waste or misapplication is proved to the satisfaction of the Board to be the direct consequence of his neglect or misconduct in the performance of duties as a member or an employee of the Committee, and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such loss by the Board, and if the amount is not paid within one month from the expiry of the period of appeal prescribed by sub-section (3) it shall be recoverable as arrears of land revenue :

Provided that no such person shall be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of two years from the time of his ceasing to

S.30 No trade allowance permissible except as prescribed.

No trade allowance other than an allowance permitted by rules or bye-laws made under this Act, shall be made or received in a notified market area by any person in any transaction in respect of the agricultural produce concerned and no Civil Court shall, in any suit or proceeding arising out of any such transaction, recognise any trade allowance not so permitted.

Provided that all market charges shall be paid by the buyer.

S.31 Bar of suit in absence of notice.

(1) No suit shall be instituted against the Board or a Committees or any member or employee thereof or any person acting under the direction of any such Committee, member or employee for anything done or purporting to be done under this Act, until the expiration of two months next after a 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 Committee delivered to him or left at its office, and in the case of the Board or a Committee delivered to him or left at its office, and in the case of any such member, employee 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 dismissed unless it is instituted within six months from the date of the accrual of cause of action.

S.32 Power to borrow.

(1) A Committee may, with the previous sanction of the [ - ] Board, raise the money required for carrying on the purpose for which it is established on the security of any property vested in and belonging to the Committee and of any fees leviable by it under this Act.

(2) A Committee may, for the purposes of meeting the initial expenditure on lands, buildings and equipment required for establishing the market for the proper discharge of the duties and functions imposed on it by or under this Act, or for the purpose of development activities and extension of market obtain a loan from the State Government or the Board on such conditions and subject to such rules as may be prescribed.

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

S.32(a) Power to borrow by the Board.

The Board may, with the previsou sanctions of the State Governemnt, raise loans from the State Government banks or other financial institutions on such terms and conditions, as may be mutually agreed upon for carrying on the purposes for which it is established.]

S.33 Power to call information, inspect, enforce attendance and to suspend actions, etc., of Committees.

(1) When the affairs of Committee are investigated or the proceedings of such Committee are examined by the [Chairman or Secretary of the Board] or any other officer to whom the powers have been delegated under sub-section (17) of section 3, all officers, servants and members of such Committee shall furnish such information in their possession in regard to the affairs or proceedings of the Committee as the [Chairman or Secretary of the Board] or such officer may require.

(2) The [Chairman or Secretary of the Board] or any officer authorised by him by general or special order shall have power to inspect or cause to be inspected the accounts of a Committee or to institute an enquiry into the affairs of the Committee and require the Committee to do a thing or to desist from doing a thing which he considers necessary in the interest of the Committee and to make a written reply to him within a reasonable time stating its reason for not desisting for

S.33(a) Power to order production of accounts and powers of entry, inspection and seizure.]

[(1) Any officer empowered by the Board in this behalf may, for the purposes of this Act, require any dealer to produce before him the Accounts and other documents and to furnish any information relating to the stock of agricultural produce or purchase, sale, storage and processing of agricultural produce by such person and also to furnish any other information relating to the payment of fees levied under the Act by such person.]

(2) All accounts and registers maintained by any dealer and documents relating to the stock of agricultural produce or purchase, sale, storage and processing of such agricultural produce in his possession and the office, establishment, godown or vehicle of such person shall be opened to inspection at all reasonable times by such officer.

(3) If such an officer has reason to believe that any person is attempting to evade the payment of fees due from him under section 23 or that any person has purcha

S.33(b) Power to stop vehicles.

At any time when so required by the Secretary of the Board or any other officer of the Board so authorised by the Secretary, the driver or any other person incharge of any vehicle or other conveyance which is taken or proposed to be taken out of the notified market area shall stop the vehicle or other conveyance as the case may be, keep it stationary as long as may, reasonably be necessary and allow the Secretary of the Board or such officer to examine the contents in the vehicle or other conveyance and inspect all records relating to the agricultural produce carried, and give his name and address and the name and address of the owner of the vehicle or other conveyance and of the owner of the agricultural produce carried in such vehicle or other conveyance.]

S.34 Acquisition of land for the Board and Committees.

(1) When any land is required for the purposes of this Act, the State Government may on the request of the Board or a Committee requiring it, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 and on payment by the Board or Committee of the Compensation awarded under that Act and of all other charges incurred by the State Government on account of the acquisition, the land shall vest in the Board or Committee.

(2) The Board or a Committee shall be deemed to be a local authority for the purposes of the Land Acquisition Act, 1894.

S.35 Supersession of Committee.

(1) If, in the opinion of the State Government a Committee is incompetent to perform or persistently makes default in performing the duties imposed on it by or under this Act, or abuses its powers, the State Government may, by notification, supersede the Committee.

Provided that before issuing a notification under this sub-section the State Government shall give a reasonable opportunity to the Committee for showing cause against the proposed supersession and shall consider the explanations and objections, if any of the Committee.

(2) Upon the publication of a notification under sub-section (1) superseding a Committee, the following consequences shall ensue :-

(a) all the members including the Chairman and Vice-Chairman of the Committee shall as from the date of such publication, be deemed to have ceased to be members of the Committee.

(b) all assets of the Committee shall vest in

S.36 Emergency Powers.

If at any time the State Government is satisfied that a situation has arisen in which the purposes of this Act cannot be carried out in accordance with the provisions thereof, the State Government may by notification -

(a) declare that the functions of a Committee shall, to such extent as may be specified in the notification, be exercised by the Board or such person or persons as it may direct ; or

(b) assume to itself all or any of the powers vested in or exercisable by a committee;

and such notification may contain such incidental and consequential provisions as may appear to the State Government to be necessary or desirable for giving effect to the objects of the notification.

S.37 Penalties.

Whoever contravenes the provisions of section 6 or section 8 shall, on conviction, be punishable with simple imprisonment which may extend to one month or with fine which shall not be less than fifty rupees but may extend to five hundred rupees or with both, and in the case of a continuing contravention with a fine which in addition to such fine as aforesaid, may extend to thirty rupees for every day after the date of first conviction during which the contravention is continued.

(2) Whoever contravenes the provisions of sub-sections (2) and (4) of section 13, shall, on conviction, be punishable with fine which shall not be less than ten rupees but may extend to fifty rupees and, in the case of a continuing contravention, with a fine which, in addition to such fine as aforesaid may extend to two rupees for every day after the date of first conviction during which the contravention is continued.

(3) Whoever contravenes the pr

S.38 Power of State Government to amend the Schedule.

The State Government may by notification, add to the Schedule to this Act any other item of agricultural produce or amend as omit any item of such produce specified therein.

S.39 Trial of offences.

(1) No offence made punishable by this Act or any rule or bye-laws made thereunder shall be tried by a court inferior to that of a magistrate of the first class.

[(2) Prosecutions under this Act may be instituted by any person duly authorised by a resolution passed by the Board or a Committee in this behalf.]

(3) All fines received from an offender shall be credited to State revenues and grant equivalent to such fines shall be paid to the Committee.

S.40 Appeal.

Any person objecting to an order passed by a Committee under section 13 or by the [ -] Secretary of the Board under sub-section (5) of section 33 may appeal to the Board in the manner prescribed and the Board's decision on appeal shall be final.

S.41 Recovery of sums due to State Government from Committee.

(1) Every sum due from a Committee to the State Government or the Board shall be recoverable as an arrear of land revenue.

(2) Every sum due to a Committee from any person shall be recoverable as an arrear of land revenue.

S.41(a) Powers of State Government to issue directions to Board.

The State Government may issue to the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act and the Board shall give effect to all such directions.]

S.42 Revision.

Notwithstanding anything in this Act, the State Government shall have the power of reversing or modifying any order of the Board or any of its officers passed or purporting to have been passed under this Act, if it considers it to be not in accordance with this Act or the rules or bye-laws made thereunder.

S.43 Power to make rules.

(1) The State Government may by notification make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for -

[(i) the appointment or nomination of members of the Board and Committees and their removal;]

[(ia) the definition of the practices at elections held under the provisions of this Act which are to be deemed to be corrupt and the ground or grounds which will constitute failure of justice ;

(ib) the investigation of allegations of corrupt practices ;

(ic) prescribing the authority by which questions relating to the matters referred to in section 17-A shall be determined and the powers to be exercised and the procedure to be followed by it in the trial of election petitions ;

(id) prescribing the security to be furnished with an elect

S.44 Bye-laws.

(1) Subject to any rules made by the State Government under section 43 a Committee may, in respect of notified market area, make bye-laws for -

(i) the regulation of its business ;

(ii) the conditions of trading ;

(iii) the appointment and punishment of its employees ;

(iv) the payment of salaries, gratuities and leave allowances to such employees;

(v) the delegation of powers or duties, to the Sub-Committee or Joint Committee or ad hoc Committee or any one or more of its members under section 19 ; and

(vi) the remuneration of different functionaries not specifically mentioned in this Act, working in the notified market area and rendering any service in connection with the sale, purchase, storage and processing of agricultural produce ; and may provide that contravention of any of such bye- laws shall be punishable, on conviction, with

S.45 Power to write off irrecoverable fees, etc.

Whenever it is found that any amount due to the Board or a Committee is irrecoverable or should be remitted or whenever any loss of the Board's or a Committee's money or stores or other property occurs through the fraud or negligence of any person or for any other cause and such property or money is found to be irrecoverable the facts shall be reported to the Board or Committee, as the case may be and the Board with the approval of the Government and the Committee with the approval of the Board, may order the amount or value of the property to be written off as lost, irrecoverable or remitted, as the case may be, provided that in case of Committee, if in any case the amount due or the value of such property is in excess of one hundred rupees, such order shall not take effect without the approval of the State Government.

S.46 Power to compound offences.

(1) With the previous approval of the Chairman of the Board, a Committee or with the authorisation by a resolution of a Committee, its Chairman, may accept from any person against whom a reasonable suspicion exists that he has committed an offence under this Act or any rule or bye-law made thereunder a sum of money by way of composition for such offence.

(2) On the payment of such amount of money to the Committee or to its Chairman, as the case may be, the suspected person, if in custody shall be discharged, and no further proceedings shall be taken against such person.

S.47 Repeal and Savings.

The Punjab Agricultural Produce Markets Act, 1939, and the Patiala Agricultural Produce Markets Act, 2004 B.K., are hereby repealed :

Provided that such repeal shall not affect. -

(a) the previous operation of any Act repealed or anything duly done or suffered thereunder ; or

(b) any right, privilege, obligation or liability acquired or incurred under any Act so repealed ; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed ; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not b

Sch. [See section 2(a) and section 38]

44. [ - ]

[ - ]

Notifications

Agriculture-II Branch, Notification dated the 28th November, 2006.

No. 1/28/04-Agri-2(10)/13291. - In pursuance of the provisions of clause 26-A of the Fertilizer (Control) Order, 1985, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following amendment with immediate effect in the Government of Punjab, Department of Agriculture, Notification No. 13/6/04-Agri-2(10)/2003, F(C)O- 85/Cl.26A/2004, dated the 10th June 2004, namely :-

Amendment

In the said Notification, in the Schedule, against Serial Nos. 1 and 2, under column 3 captioned as "Clauses of the Order for the purpose of which notified authority is appointed", for the figures and word "9 and 11", the figures, sign and word "8, 9 and 11" shall, respectively be substituted.

No. 1/28/04-A