Use our app for the best experience
Available for Android & iOS
DELHI AGRICULTURAL PRODUCE MARKETING REGULATION ACT, 1998
(i)This Act may be called The Delhi Agricultural Produce Marketing (Regulation) Act, 1998
(ii) It extends to the whole of the National Capital Territory of Delhi
(iii) It shall come into force on such date as the Government may, by notification, appoint
(1) n this Act, unless the context otherwise requires,
(a) "agricultural produce" means all produce and commodities, whether processed or unprocessed, of agricultural, horticulture, apiculture, viticulture, pisciculture, sericulture, animal husbandry, fleeces and skins of animals and forest products as are specified in the Schedule and each other produce as may be declared by the Government by notification to be an agricultural produce and also includes admixture of two or more of such produce;
(b)"agriculturist" means a person residing in Delhi who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenants or servants or hired labour or otherwise, is engaged in the production or growth of agricultural produce, which has not been processed, but does not firm, or industrial concern, or i
(1)The Government may, by notification, published in the Official Gazette, and such other manner as may be prescribed, declare its intention of regulating the marketing of such agricultural produce, and in such area, as may be specified in the notification, in accordance with the provisions of this Act :
Provided that no such area shall be included in the notification except after consultation with the Municipal Corporation of Delhi, New Delhi Municipal Council, Delhi Cantonment Board and the Delhi Development Authority, as the case may be
(2)The notification may also be published in at least two local newspapers published in such languages as the Government may from time to time specify by order in this behalf, or in such notice of persons in that area, the intention aforesaid.
(3)The notifi
(1)On the expiry of the period specified in the notification issued under Section 3, and after considering the objections and suggestion, if any, as may be received before such expiry, and holding whatever considered by the Government to be necessary, an inquiry in the prescribed manner, the Government may, by notification, declare an area to be a market area wherein the marketing of agricultural produce specified in the notification shall be regulated in accordance with the provisions of this Act
(2)A declaration made under sub-section (1) may also be published in at least two newspapers in such languages as the Government may from time to time specify by order, in this behalf or in such other manner as, in the opinion of the Government, is best calculated to bring to the notice of persons in that area the declaration aforesaid
.
&n
(1)The Government shall, for the purpose of this Act, establish a Board to be known as "The Delhi Agricultural Marketing Board" consisting of a Chairman, and fifteen members of whom seven shall be officials and eight non-officials, to be nominated by the Government in the following manner, namely,
(a) the official members shall be
(i) the Director who shall be ex-officio Vice-Chairman of the Board;
(ii) two representatives of the Development Department of the Government of whom one shall be from Agriculture wing and the other from co-operative wing;
(iii) one representative from Department of Food Supplies and Consumer Affairs of the Government not below the rank of Deputy Commissioner.
(iv) one represe
The Board shall be a body corporate and a local authority with the name "The Delhi Agricultural Marketing Board" having perpetual succession and a common seal, with power, subject to the provisions of the Act, to acquire, hold and dispose of property, and may by the said name, sue an be sued
The Chairman, the vice-Chairman and the official members shall hold office during the pleasure of the Government, Every non-official member shall hold office for a period of five years but shall, on the expiry of the term, be eligible for re-nomination provided that, notwithstanding the expiry of term of office, the non-official member shall continue in office until his successor has been nominated and has assumed office.
A person shall be disqualified, for being nominated as and for being, a member of the Board if he
(a)does not ordinarily reside within Delhi
;
(b)is below twenty-five years of age
;
(c)has been removed from membership of a Marketing Committee under Section 50;
(d)is of unsound mind and stands so declared by a competent Court;
or
(e)is an undischarged insolvent
; or
(f)has been convicted by a Criminal Court, whether within or outside Delhi, of any offence which, in the opinion of
(1) The Chairman, and in his absence, the vice-Chairman shall preside over the meetings of the Board
(2) All questions, which come up before a meeting of the Board, shall be decided by a majority of the votes cast by the members present and voting. In the case of equality of votes, the chairman or in his absence, the Vice-Chairman when presiding over the meeting, may exercise a casting vote
Five members shall constitute the quorum shall at a meeting of the Board : Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary for transacting the same business in the next meeting to be held in accordance with the rules.
(1)The Chairman of the Board may, by writing under his hand addressed to the Government and delivered to the Director, resign his office
(2)A member may, by writing under his hand, addressed to the Government and delivered to the Chairman of the Board, resign his office
(3)A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is accepted by the Government
(1)The Chairman and Vice-Chairman of the Board shall be entitled to receive such pay and or allowances and other benefits as may be determined by Rules made in this behalf. If non-official is appointed as Chairman of the Board, his remuneration and other benefits shall be such as may be determined by the Government
(2)The members of the Board shall be entitled to receive such allowances and other benefits for attending the meetings of the Board or for attending any other work, assigned to them by the Board, as may determined by Rules made in this behalf
The Government may remove from office any non-official member of the Board who has become subject to any of the disqualifications specified in Section 8 or who, in its opinion, is remiss in the discharge of his duties or has ceased to represent the interests to which he was nominated :
Provided that no such member shall be removed from office except after being given a reasonable opportunity of showing cause against the action proposed.
A vacancy occurring otherwise than by efflux of time in respect of non-official members of the Board shall be filled up, as soon as may be, by fresh nomination by the Government. The person so nominated shall hold office for the unexpired term of the member concerned.
(1)Subject to the Rules made under this Act, the estimates of the annual income and expenditure of the Board in the prescribed from for ensuing year shall be prepared and passed by the Board and submitted every year, not later than the prescribed date, to the Government for its approval
(2)The Government may approve the budget of the Board as it is or with such alterations or modifications as it may think fit and the budget so approved by the Government shall be the budget of the Board for the year
(3)The budget, as approved by the Government, shall be returned to the Board within two months, from the date of the receipt thereof and if it is not so returned with in two munths, it shall be presumed that the budget, as presented by the Board, has been duly approved by the Government.
No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the constitution thereof.
(1)The Board shall exercise superintendence and control over the Marketing Committees
.
(2)The Government or the Chairman or the Vice-Chairman of the Board or any other official of the Board authorised in this behalf by the Board may call for from any Marketing Committee or any trader, godown keeper or any other functionary operating within the Market area any information or relating to agricultural produce and shall have and the power to inspect the records and accounts of such Marketing Committee, trader, godown-keeper or other functionary and shall also have power to seize or take into possession against proper receipt the records, and accounts books, stocks of notified agricultural produce along with its containers and carriers
.
(3)It may aut
The Vice-Chairman of the Board shall
(1)discharge all functions as chief executive officer of the Board and make appointments and exercise supervision and control over the officers and members of the staff of the Board and the Marketing Service in matter including those of executive or administrative in nature as laid down in service Regulations;
(ii)ensure maintenance of accounts and records;
(iii)dispose of all questions relating to the service of the employee as per the procedure laid down in the Regulations;
(iv) appoint officers and members of the staff of the Board and Marketing Service as per procedure laid down in the Regulations;
(v)incur expenditure from the Market Development Fund on works an
Secretary of the Board shall
(i)arrange meetings of the Board;
(ii) maintain record of the proceeding of the meetings of the Board in the prescribed manner;
(iii) Discharge other function as may be assigned to him by Vice-Chairman of Board from time to time.
The Board may, with the previous approval of Govt. and by notification, delegate any of its powers other then the power to make Regulations, not inconsistent with the provisions of the Act and Rules made thereunder, to its Vice-Chairman and other officers.
(1) The Board may, with the previous approval of the Government , make Regulations, not inconsistent with this Act and the Rules made thereunder, for the administration of the affairs of the Board
.
(2) In particular and without prejudice to the generality of the foregoing power, such Regulations may provide for all or any of the following matters
(i) the summoning and holding of meetings of the Board, the time and date when such meetings are to be held, the conduct of business at such meetings;
(ii) the powers and duties of the officers and other employees of the Board and the Marketing Committees;
(iii) the salaries and allowances, loans, and advances, and other conditions of service of officers and o
The Government shall exercise superintendence and control over the Board 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 persistently making default in the performance of the duties imposed on it by or under this Act or is exceeding or abusing its powers or is guilty of corruption or mismanagement, the Government may by an Order published, together with a statement of reasons thereof, in the Official Gazette, dissolve the Board till such time as a new Board is constituted, and make such arrangement for the exercise of the function of the Board as it may think fit; Provided that no order of dissolution as aforesaid shall be made except after giving the Board a reasonable opportunity of showing cause against the action proposed :
Provide further that a new Board shall be constituted w
(1)For every market area, there shall be established one principal market, and there may also be established one or more subsidiary markets, considered necessary, for the marketing of notified agricultural produce.
(2) The Director shall, as soon as possible after a declaration is made under sub-section (1) of Section 4, by notification, establish any place (including any structure, enclosure, open space or locality) in any market area to be the principal market for the marketing of the agricultural produce specified in such notification and may, by the same or other notification, establish in any such place in any market area one or more subsidiary markets for the marketing of such agricultural produce.
(1)When any land within the market area is required for the purpose of this Act and the Board is unable to acquire the same by agreement, the Lieutenant Governor, may at the request of the Board, proceed to acquire such land under the provisions of the land Acquisition Act, 1894 (1 of 1894) and on payment, of the compensation awarded under that Act, by the Board and any other charges incurred by the Lieutenant Governor, in connection with such acquisition, the land shall vest in the Board or the Market Committee as the case may be :
Provided that once a proposal has been made by the Board, it shall not be withdrawn by it except for reason which may be recorded by it and approved, by the Lieutenant Governor.
(2) The Board shall not, without the previous sanction of the Lieutenant Governor, transfer any land which has been acquired for th
In this chapter unless the context otherwise requires
(a)the expression "market" means "market of national importance"
(b)the expression "Marketing Committee" means the Marketing Committee of a market of national importance"
(1)Notwithstanding anything contained in this Act, where the Government is satisfied that on account of the national importance of marketing of any commodity, in any area, it is expedient to ensure the efficient regulation of the marketing of such commodity in such area, it may establish
(a)in such area, special markets, known as "Markets of National Importance" for such commodities;
(b)independent Marketing Committees Known as "Marketing Committees of Markets of National Importance" in relation to such markets, notwithstanding that such area falls within the local limits of the jurisdiction of any other Marketing Committee or Committees already functioning in that area
.
(2) The Government may, after consideration of such aspects as, the turn-ove
Every Marketing Committee constituted under sub-section
(1)Section 26 shall consist of the following members
(a) three members to be nominated by the Government from amongst the agriculturists residing in Delhi;
(b) three members to be elected in the prescribed manners from amongst the traders and commission agent holding licence in any Marketing Committee in Delhi :
Provided that at least two members will be from amongst those traders and Commission agent who hold a licence from the Marketing Committee constituted under sub-section (1) of Section 26;
(c) one representative of the Board to be nominated by the Government;
(d) the Director or his nominee (ex-q
The Marketing Committee shall have a Chairman and Vice-Chairman to be nominated by the Government from amongst its members.
The members shall hold office for a term of five years. However, the member being nominated as Chairman and Vice-Chairman, they shall function as such, during the pleasure of the Government.
The Marketing Committee constituted under sub-section (1) of Section 26 shall meet al least once in every two calendar months.
(1) There shall be an executive Committee of the market.
(2) The composition of the executive Committee referred to in sub-section (1) shall be
(i) the Chairman of the Marketing Committee;
(ii) two representatives, to be nominated by the Government, of whom one shall be holding a trading licence in the market and other shall be a representative of the agriculturists;
(iii) one representative of the Board to be nominated by the Government;
(iv) the Director or his nominee;
(v) one representative of a State or Union Territory from which agricultural produce is imported in Delhi, to be nominated by the Government in consultation with the State Government or the A
The Executive Committee shall meet as often as necessary but at least in a calendar month.
The members of the Executive Committee shall hold the office during the pleasure of the Government.
(1) The Secretary of the Marketing Committee shall be appointed by the Government from amongst Union Territory Civil Service officers at least with ten years of service
.
(2) Subject to the superintendence, control and supervision of the executive Committee refereed to in Section 31, the secretary shall
(i) exercise supervision and control over the officers and members of the staff of the Marketing Committee in matters of administration;
(ii) incur expenditure from the funds of the Marketing Committee for items of work which have been duly sanctioned :
(iii) in case of emergency, direct the execution or stoppage of any work or performance of any act which requires the sanction of the Board or the Market
(1) Without prejudice to the provisions of Section 26. there shall be constituted, by order to be published in the Official Gazette, by the Government for every market area a Marketinmg Committee and different Marketing Committees may be constituted for regulating the Marketing of different kinds of notified agricultural produce marketed in the same market area or any part thereof
.
(2) Every Marketing Committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act
(1)Subject to the provisions of sub-section
(2)the Government may constitute a Marketing Committee consisting of the following eleven members
(a) three persons to be nominated by the Government who are agriculturists possessing such qualifications as may be prescribed :
Provided that one of them shall be a member of the schedule castes or other backward classes;
(b) two members to be elected in the prescribed manner from the traders and commission agents holding licences to operate as such in the market area;
(c) one member to be nominated by the Government from amongst the President or Chairman of the co-operative societies engaged in the business of processing or marketing of the notified agriculture
Every Marketing Committee including a Marketing Committee for market (s) of National Importance shall be a body corporate and a local authority and to be called by such name as the Government may, by notification, specify, shall have perpetual succession and a common seal, with power, subject to such restrictions as are imposed by or under this Act, to contract and to acquire, hold and dispose of property, both movable and immovable, and may by the said name sue or be sued.
The manner of election, preparation and maintenance of the lists of voters, qualifications and disqualifications for membership and of Chairman and Vice-Chairman, the right to Vote, making deposit and its forfeiture, determination of election disputes, publication of the names of the members elected, and or matters ancillary thereto shall be such as may be prescribed.
If, for any reason, voters of a category fail to elect a member to a Marketing Committee the Director shall publish a notice in the Official Gazette requiring them to elect the requisite number of members within one months from the date of publication of such notice; and on failure to elect the requisite number of members within the aforesaid period, the Government -may nominate the requisite number of members within the aforesaid period, the Government may nominate the requisite number of persons qualified to be elected under this Act, representing that category
The names of the members of a Marketing Committee shall, as soon as possible, be published in the Official Gazette. Upon the publication of the names of all the members of a Marketing Committee or upon the Publication of the names of at least nine members of such Committee in the Official Gazette, the Marketing Committee shall be deemed to have been duly constituted.
Except as otherwise provided in this Act, a Marketing Committee shall continue for three years from the date of its constitution under Section 40 :
Provided that the Government may, by notification, published in the Official Gazette, extend its duration for such period as it may be deemed fit but not exceeding one year in the aggregate.
(1) The superintendence, direction and control of the preparation of the list of voters, and conduct of elections to a Marketing Committee and the Board shall vest in the Director
(2) All expenses in connection with the preparation of the list of voters and the conduct of election to a Marketing Committee, and the Board, as may be sanctioned by Director, shall be defrayed from the Election Fund of Market Fund and Market Development Fund. For this purpose, the Marketing Committee and the Board shall place at the disposal of the Director such Funds in advance which he considers necessary for the discharge of the functions conferred on him by sub-section (1)
(1) Within thirty days of the publication of the names under Section 40, the first meeting of the Marketing Committee shall be convened by the Director for the election of the Chairman and Vice-Chairman
.
(2) Such a meeting shall be presided over by the Director or any person authorised by him in his behalf.
(3) The presiding authority shall have the same powers as the Chairman, while presiding over a meeting of the Marketing Committee, but shall not have the right of vote.
(4) If, at the election of the Chairman or of the Vice-Chairman, there is an equality of votes, the results of the election shall be decided by lot to be drawn in the presence of the person presiding over the meeting and in such manner as he may determine.
&
The Chairman and Vice-Chairman shall notwithstanding the expiry of their term of office, continue to hold office until" their respective successors enter upon their offices.
Provided that the Chairman, or the Vice-Chairman as the case may be shall vacate his office if he ceases to be a member of the Marketing Committee
(1) The Chairman of the Marketing Committee may resign his office by writing under his hand, addressed to the Director; and resignation shall take effect from the date on which it is accepted by the Director.
(2) The Vice-Chairman of the Marketing Committee may resign his office by writing under his hand, addressed to the Chairman; and the resignation shall take effect from the date on which it is accepted by the Chairman :
Provided that the resignation from the office of the Chairman or the Vice-Chairman, as the case may be, shall not be deemed to be resignation from membership of the Marketing Committee.
Subject to the Rules made in this behalf, the Chairman of a Marketing Committee, who absents, himself from three consecutive meetings of the Committee, without leave of the Director, shall cease to be the Chairman on and from the date on which the third such meeting is held
(1) In the event of a causal vacancy in the office of the Chairman or the Vice-Chairman, the vacancy shall be filled as soon as possible
(a) by nomination, in the case of a Marketing Committee constituted for the first time; and
(b) in any other case in the manner provided in Section 43
(2) Every Chairman or Vice-Chairman nominated or elected, under this Section, to fill a casual vacancy shall hold office for such period as the Chairman or the Vice-Chairman in whose place he is nominated or elected would have held such office if the vacancy had not occurred
(1) On nomination or election of the Chairman or Vice-Chairman as the case may be, the outgoing Chairman or Vice-Chairman shall forthwith hand over charge of his office to the successor-in-office
(2) If the outgoing Chairman or Vice-Chairman fails or refuses to hand over the charge of his office, under sub-section (1), the Director or any person authorised by him in this behalf may, by order in writing direct the outgoing Chairman or Vice-Chairman, as the case to be, forthwith to hand over the charge of his office together with all records, funds and property of the Marketing Committee, if any, in his possession as such Chairman or Vice-Chairman
(3) If the outgoing Chairman or vice-Chairman to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any other person authorised by him in
(1)A member of a Marketing Committee may resign his office by writing under his hands, addressed to the Chairman. The resignation shall take effect from the date on which it is accepted by the Chairman
.
(2) If at any time it appears to the Government that any Marketing Committee, by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, the Government may, by notification, nominate persons from the respective category of members to fill the vacancies of the members who have resigned and the persons so nominated shall hold office of the remainder of the term of the Marketing Committee
The Government, may on a resolution passed by the Marketing Committee, supported by not less than seven members of that Committee, remove any member if he has been held guilty of neglect or misconduct in the discharge of his duties or of any, disgraceful conduct or has become incapable of performing his duties as a member or has been adjudged insolvent :
Provided that no such member shall be removed from office unless he has been given a reasonable opportunity of being heard by the Government
The Chairman of a Marketing Committee shall forthwith communicate the occurrence of a causal vacancy to the Director and the vacancy shall be filled, as soon as possible, from the respective category of members in the prescribed manner who shall hold office for the remainder of the term of the Marketing Committee :
Provided that where the remainder of the period for which the Marketing Committee would have continued is less than six months, it shall not be necessary to fill the vacancy for that period, unless the Government directs otherwise
A Marketing Committee shall have the power to Act, notwithstanding any vacancy in the membership, or any defect in the constitution thereof, and the proceedings of a Marketing Committee shall be valid notwithstanding that some person, who was not entitled to be a member, had attended, voted or otherwise taken part in the proceedings of any such Committee
The Chairman, Vice-Chairman, and other members of the Marketing Committee shall be paid from the Marketing Committees Fund such honorarium, sitting fees, traveling, allowances and other allowances as may be prescribed
(1) Subject to the provisions of this Act, it shall be the duty of a Marketing Committee
(i) to implement the provisions of this Act and Rules, Regulations and Bye-laws made thereunder for the market area;
(ii) to provide such facilities for marketing of notified agricultural produce therein as the Board may, from time to time, direct;
(ii) to perform other functions as may be required in relation to the superintendence, direction and control of markets, or for regulating and control of markets, or for regulating the market area and for purpose connected with the matters aforesaid, and, for this purpose, may exercise such powers and perform such duties and discharge such functions as may be provided by or under this Act
.
&nbs
All accounts and other registers maintained by any person in the ordinary course of his business in respect of any notified agricultural produce and all documents relating to sale and deliveries of such agricultural produces in his possession and in his office, establishment, godown, vessel or vehicle shall be open to inspection at all reasonable time by such officers and servants of the Marketing Committee as may be authorised in this behalf by it in writing
(1) If any officer or servant referred to in Section 56 of the Marketing Committee has reason to suspect that any person has evaded/is attempting to evade the payment of any market fee or any other charges due from him under this Act, or the Rules or Regulation or the Bye-laws made thereunder, or that any person has purchased any notified agricultural produce in contravention of any of the provisions of this Act, or Rules or regulation or the Bye-laws made thereunder in force in the market yard-area, he may for reason to be recorded in writing, seize such accounts, registers or documents, stock of notified agricultural produce with containers and carriers of such person as may be necessary and shall issue a receipt for the same. He shall retain them so long as may be necessary for prosecution, and no longer
.
(2) For purpose of Section
(1)At any time when so required by any officer or servant of a Market Committee empowered by it in this behalf, whenever any vehicle, vessel or other conveyance, enters or leaves or proposes to enter or leave the market area or the market, the driver of the vehicle, vessel or other conveyance shall stop the vehicle, vessel or other conveyance, as the case may be, and keep it stationary as long as may be reasonable necessary and allow such officer or servant to examine the contents of the vehicle, vessel or other conveyance, the place of destination and full particulars of the consignee of goods or the name and address of the traders or commission agent
.
(2) The officer or servant of the Marketing Committee empowered under sub-section (l)shall have power to size any notified agricultural produce taken or proposed to be taken out of the
Any officer or servant of the Marketing Committee or the Board duly empowered by the Chairman of the Market Committee or Vice-Chairman of Board as the case may be in this behalf shall have power to remove summarily any encroachment in any space in the market yard and sub-yard and the expenses of such removal shall be paid by the person who has caused the said encroachment and shall be recovered in the same manner as arrears of land revenue.
Explanation. For the purpose of this Section; encroachment shall also include storing or exposing for sale any kind of agricultural produce at a place in the market yard and sub-yard the use of which is prohibited by the Marketing Committee for purpose of marketing
A Marketing Committee may constitute one or more sub-committees consisting of such members of the Committee as it may think fit and may, subject to such restrictions and conditions as may be specified in the Regulations, delegate to such sub-committee such of its powers or duties as it may think fit :
Provided that a sub-committee may, with the approval of the Board or of the officer authorised by the Board in this behalf, co-opt any person who is not member of the Marketing Committee
(1) A Marketing Committee duly authorised by the Director by notification published in the Official Gazette, for the purpose, may, by an order published in the Official Gazette and in such other manner as it deems fit, for the information of the public, open collection centres for collecting thereat the produce specified in such order (hereinafter referred to as the specified produce)
.
(2) If a person wishes to sell any specified produce in a market area, he shall tender all such produce at the collection centre only established for the purpose under sub-section (1) :
Provided that any such specified produce may be tendered through a commission agent or any agency specified by order by the Director in this behalf :
(3) The Marketing Committee sh
Every Marketing Committee shall levy and collect such fee (hereinafter to as the "market fee") not being in excess of, or less than, the amount determined by the Government by notification published in the Official Gazette from every purchaser of notified agricultural produce sold in a market area :
Provided that the amount to be determined by the Government shall not be less than one rupee per one hundred rupees of the sale price of the notified agricultural produce.
For purpose of section 62, all notified agricultural produce leaving the markets or market area shall, unless the contrary is proved, be presumed to have been sold in the market or the market area.
No market fee shall be levied and collected in the same market area again in relation to the notified agricultural produce in respect of which such fee under this Act, has already been levied and collected.
Where sale or purchase of notified agricultural produce in the market is made through a commission agent, the market fee, if not paid to the Marketing Committee under sub-section (6) of section (61), shall be collected from such commission agent in the manner hereinafter given, namely,
(a) The market fee payable under this Act shall be paid by the commission agent at such intervals as may be specified by the Marketing Committee in the Bye-laws;
(b) Every commission agent shall furnish periodical return showing receipt of agricultural produce by him and his turnover to the Marketing Committee on such dates as may be specified in the Bye-laws;
(c) Every commission agent shall pay to the Marketing Committee in the manner and at such intervals as specified in the Bye-laws the full amount of the m
(1) If no return is furnished in respect of any period by the specified date, or if the Marketing Committee is not satisfied that the return furnished by commission agent is correct or complete, an officer of the Marketing Committee specifically authorised by it in this behalf (hereinafter referred to as the assessing officer) shall proceed in such manner, as may be prescribed in the Bye-laws to assess, as to the best of his judgment, the amount of market fee due from such commission agent :
Provided that before finalising any such assessment, the commission agent concerned will be given reasonable opportunity of showing cause as to why the assessment should not be finalised
.
(2) The amount of the market fee assessed under sub-section (1), less than sum, if any, already paid, shall be paid
(1)Any commission agent aggrieved by any order of the assessing officer under Section 66 may appeal to the Director, in the manner prescribed, within thirty days of the receipt of such order by the commission agent
(2) The Directors may pass order on an appeal referred to in sub-section (1)(a) confirming, reducing or enhancing the assessment; or (b) setting aside the assessment and directing the assessment officer to make a fresh assessment after such further enquiry as may be directed :
Provided that no order enhancing the assessment shall be made unless the appellant has been given a reasonable opportunity of making a representation against such enhancement.
The order made the Appellate Authority under sub-section (2) of Section 67 shall be final and binding upon the commission agent and the Marketing Committee
(1) Notwithstanding in any context to the contrary, where any firm is liable to pay market fee under this Act, the firm and each of the partner of the firm shall be jointly and severably liable for such payment :
Provided that where any such partner retires from the firm, he shall intimate the date of his retirement to the Marketing Committee by a notice in this behalf in writing and shall be liable to pay the market fee remaining unpaid at the time of his retirement and any market fee due up to the date of his retirement though unassessed on that date :
Provided farther that if no such intimation is given fifteen days of the date of his retirement, the liability of the partner shall continue until the date on which such intimation is received by the Marketing Committee.
Explanation. For the
Where a trader or commission agent dies
(a) if the business carried on by the trader or commission agent is continued after his death by his legal representative by any other person, such legal representative or any such person shall be liable to pay the market fee due from the trader or commission agent under this Act whether such market fee may have been assessed before or after his death but has remained unpaid and the provisions of this Act, shall, so far as may be, apply to such legal representative or other person as if he were the trader or commission agent himself.
(b) if the business carried on by the trader or commission agent is discontinued after his death, his legal representative shall be liable to pay, out of the estate of the deceased, to the extent estate is capable of meeting, the amount of the market fee due from the
Every trader or commission agent shall furnish to the Marketing Committee the information about the change of constitution, discontinuance of the business, dissolution partition of a firm, company, corporation, association of persons, etc., or the death of any person connected therewith within fifteen days of the occurrence of any of such event.
(1) The Marketing Committee may, for the purposes of meeting the expenditure on lands, buildings and equipment required for establishing the market, obtain a loan from the Government on such terms and conditions as it may determine.
(2) A Marketing Committee may, with the previous approval of the Board, obtain loans from the other Marketing Committees on such conditions, as may be specified by the Board.
(3) A Marketing Committee shall grant loan to another Marketing Committee, if so directed by the Board, for carrying out the purposes of the Act.
(1) Every contract entered into by a Marketing Committee shall be in writing and shall be signed on its behalf by the secretary.
(2) No contract, other than a contract executed as provided in sub-section (1) shall be binding on the Market Committee.
(1) If any dispute arises between an Inspector appointed under the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985) and any person interested, as lo the meaning of construction of any Rule Made under the Act or as to the Method of verifying, reverifying, adjusting or stamping any weight or measure or weighting or measuring instrument, in any market area, such dispute may, at the request of the person interested or of the Inspector be referred to the Controller appointed under the Act, and the decision of the Controller shall, subject to the provisions of sub-section (2), be final.
(2) An appeal shall lie, within such time and in such manner as may be prescribed, against the decision/order under sub-section (1) to the Lieutenant Governor or such officer as he may, by order, appoint in this behalf and the decision of the Lieutenant Governor on such officer, as t
(1) There shall be service function wise/branch wise to be called the "Delhi Agricultural Marketing Service" (hereinafter referred to as "the Marketing Service") common to all the Marketing Committees and the Board for the purpose of providing officers or staff of all ranks as may be necessary for the performance of their respective function.
(2) Every officer and other employee serving the Board or a Marketing Committee, prior to the constitution of the Marketing Service, shall continue to hold office by the same tenure and on the same remuneration and on the same terms and condition of service as he is holding on the date of commencement of this Act, expect where such tenure, remuneration and terms and conditions are altered by the Board, with the prior approval of the Government :
Provided that the tenure, remuneration and terms and
(1)The Board may make Regulations to provide for any or more of the following matters, namely,
(a) the tenure of office, salaries, and allowances, provident fund, pension, gratuities, leave of absence and other conditions of service of officers and employees appointed in the Marketing Service and other staff;
(b) the qualification of candidates for various posts and the manner of selection for appointment thereto;
(c) the procedure to be followed in imposing any penalty, suspension, the authority to whom an appeal shall lie,
(d) any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Board or under a Market Committee and any ot
A member of the Marketing Service shall be liable to be transferred to the Board or to any Marketing Committee or from one Committee to another committee or any staff member from the office of Board to any Market Committee or any Marketing Committee to the Board against the comparable post by the Vice-Chairman of the Board as laid down in the Regulations.
(1)Every Marketing Committee (except the Marketing Committee of National Importance) shall have a Secretary to be appointed by the Vice-Chairman of the Board to the extent of fifty per cent of the post from amongst the panel provided by the Government, of the Union Territory Civil Service Officers with at least five years of service and fifty percent : of the post shall be filled up by promotion from amongst the officers of the feeder cadre, that is to say, the officer belonging to the Marketing Service after having qualified in a departmental examination to be conducted by the Directorate of Union Territory Civil Service, Delhi in consultation with the Director. All other posts in the Marketing Service of the rank of Deputy Secretary in the existing pay scale of Rs. 6500-105000 and above shall be filled in by promotion from the officers who qualify the aforesaid departmental examination.
&nbs
(1) Subject tothe provisions of this Section and of the Rules providing for regulating the marketing of agricultural produce in any place in the market area, no person shall, on or after the date on which an area is declared under sub-section (1) of Section 4 to be a market area, without, or otherwise than in conformity with the terms and conditions of, a licence granted by
(a) the Director, where a Market Committee is not functioning; or,
(b) by the Marketing Committee in any other case;
(i) use any place in the market area for the marketing of the agricultural produce specified in the said declaration; or
(ii) operate in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor, wareh
(1) Subject to Rules made in this behalf, a Marketing Committee may, after making such inquiries as it deems fit, grant or renew a licence for the use of any place in the market yard/area for the marketing of agricultural produce or for operating therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor, werehouseman or in any other capacity in relation to the marketing of agricultural produce or may, after recording reasons in writing, refuse to grant or renew any such licence :
Provided that where a Marketing Committee has not started functioning, the Director, subject to any Rules that may be made in this behalf, may grant or renew a licence for the marketing of agricultural produce or for operating in the market yard/area as a trader, commission agent, broker, processor, weighman, measurer,, surveyor, warehouseman or any other capacity.
&n
(1) Subject to the provisions of sub-section (3), a Marketing Committee may, for reasons to be recorded in writing, suspend or cancel a licence granted or renewal under this Chapter,
(a) if the licence had been obtained through willful misrepresentation or fraud;
(b) if the holder of the licence or any servant or any acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence and/or holder of licence makes violation of the provisions of the Act, Rules and Bye-laws made thereunder;
(c) if the holder of the licence in combination with other holders of licence commits any act or refrains from carrying out his normal business in the market with the intention of willfully obstructing, uspending or stopping the marketing of agricultu
(1) Any person aggrieved by the order
(a) of a Marketing Committee, refusing to grant or renew a licence, or cancelling or suspending any licence, may prefer an appeal within thirty days to the Vice-Chairman of the Board;
(b) of the Director refusing to grant or renew a licence or cancelling or suspending any licence may prefer an appeal to the Secretary Agricultural Marketing Department of the Government within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed.
(2) The Vice-Chairman of the Board or, the Secretary, Agricultural Marketing Department of the Government, as the case may be, on such appeal, make such order as he may deem just and proper :
Provided that before dismissing an appe
(1) For the purpose of setting disputes between buyers and sellers of agricultural produce or their agents including any dispute regarding quality or weight or payment, or any matter in relation to the regulation of marketing of agricultural produce in the market area, the Marketing Committee constituted for that market area, the Marketing Committee constituted for that market area may appoint arbitrators or constitute, from amongst its members, a sub-committee.
(2) The method of appointment of arbitrators, the constitution and functions of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes, and other incidental matters shall be such as may be prescribed.
(3) Any party, aggrieved by the decision of the arbitrator or the sub-committee, as the case be, may prefer an appeal from such decision
(1) All moneysreceived by the Board shall be credited into a fund to be called the Market Development Fund.
(2) No expenditure from the Market Development Fund shall be defrayed unless it is sanctioned by the competent authority. The Market Development Fund shall be operated in the manner as may be prescribed in the Rules.
Explanation For the purpose of this sub-section competent authority shall mean the Board or Vice-Chairman or any other officer of the Board to whom the powers of the Board to incur expenditure have been delegated, as the case may be.
(3) The amount standing to the credit of the Market Development Fund shall be kept or invested in such manner as may be prescribed.
(1)The Market Development Fund shall be utilised for the following purposes, namely,
(2) Without prejudice to the generality of sub-section (1), Market Development Fund may be utilised for the following purposes, namely,
(i) better marketing of agricultural produce;
(ii) collection and dissemination of markets ratesand news and other information relating to marketing of agricultural produce;
(iii) grading and standardisation of agricultural produce;
(iv) improvement works in the markets and their respective areas;
(v) acquisition of land for construction of office building, guest houses, staff quarters, training centres, and maintenance thereof;
&nbs
The accounts of all receipts and expenditure of the Board and of each Marketing Committee shall be kept in such manner and in such form as may be prescribed by regulation.
(1) The account of the Board and the Marketing Committee shall be audited by a person or persons authorised by the Director. Explanation. The audit for any year under sub-section (1) shall include
(a) examination and verification of cash balance and other securities;
(b) valuation of the Assets and Liabilities;
(c) investigations into and verification of the circumstance and reasons for the variation between the budget estimates and actual expenditure;
(d) audit of the work accounts;
(e) physical verification of stores and stocks.
(2) The person auditing the accounts of the Board or of a Marketing Committee shall have free access to all the books of accounts a
(1) Allfees and other moneys received by a Marketing Committee under this Act, all sums realised by way of penalty (otherwise than by way of fine in a criminal case), all loans raised by the Committee, and all grants, loans or contributions made by the Government to the Committee, shall from part of a fund to be called the Market Fund.
(2) Any money received by the Marketing Committee by way of arbitration fee or as security for costs in arbitration proceedings relating to disputes or any money received by the Committee by way of security deposit contribution to provident fund or for payment in respect of any notified agricultural produce, or charges payable to weighman, palledar and other functionaries and such other moneys received by Marketing Committee as may be provided in the Rules Bye-laws shall not from part of the "Market fund" and shall be kept in such manner as may be pr
(1) Subject to the provisions of Section 88, the Market Fund may be expended for the following purposes only, namely,
(i) the acquisition of a site or sites for the market yard;
(ii) the establishment, maintenance and improvement of the market yards;
(iii) the construction and repair of buildings necessary for the purposes of the market and for convenience or safety of the persons using the market yard;
(iv) the maintenance of standard weights and measures;
(v) the meeting of establishment charges including payment and contribution of provident fund, pension, gratuity, leave encashment or retirement on yearly basis, actual reimbursement of hospitalisation expenses in the authorised hospitals or other ite
All moneys payable to the credit of the Market Fund and all other moneys received by a Marketing Committee shall be kept in a bank or banks as may be approved by special or general order issued by the Director.
(1)Every Marketing Committee shall prepare and pass the budget of its income and expenditure for the ensuing year in the prescribed from and shall submit it to the Board for sanction before the prescribed date. The Board shall sanction the budget with or without modification within three months for the date of receipt thereof. If the budget is not returned by the Board within thee months, it shall be presumed to have been sanctioned.
(2) No expenditure shall be incurred on any item if there is no provision in the sanctioned budget thereof, unless it can be met by appropriation from saving under any other Head and has sanction for reappropriation of the Vice-Chairman of the Board.
A marketing Committee may at any time during the year for which a budget has been sanctioned, cause a revised or supplementary budget to be prepared, passed and sanctioned in the same manner as if it were the original budget.
(1) The Marketing Comrtiittee shall issue order execution of work as may be prescribed in the Regulation relating to delegation of powers and duties and or its Bye-laws.
(2) The Board, while according the sanction referred to in sub-section (1), for execution of any development, maintenance or improvement work, may, at its discretion, direct that the execution of work shall be entrusted to a Department of the Government or to the Board or to Marketing Committee itself or to any other agency authorised by the Board.
Every Marketing Committee shall keep a true and correct accounts of all its receipts and expenditure in such manner and in such form as may be prescribed.
(1)At the end of every year, a Marketing Committee shall draw up its final accounts of receipts and expenditure and a balance sheet of its assets and liabilities and prepare an annual administrative report in such manner and in such form as may be prescribed.
(2) Copies of a accounts, balance sheet and administrative report referred to in sub-section (1) shall be submitted to the Board and the Director by such time as may be prescribed.
The Director, or any officer authorised by him, may
(a) inspect or cause to inspected the accounts and office of a Marketing Committee;
(b) hold enquiry into the affairs of a Marketing Committee;
(c) call from a Marketing Committee any return, statement, accounts or reports which he may think fit;
(d) require a Marketing Committee to take into consideration
(i) any objection on the ground of illegality, inexpediency or impropriety which appears to him to exist with regard to the doing of anything which is about to be done or is being done by or on behalf of such Committee;
(ii) any information which he is able to furnish and which appears to him to necessitat
(1)When the accounts and offices of a Marketing Committee are being inspected, or the affairs of such a Committee are being required into under Section 96 of the proceedings of such Committee are being examined under Section 99, all officers, servants and members of such a Committee shall furnish such information in their possession with regard to the accounts and offices or affairs or proceedings of such a Committee as the Director, or the officer authorised by him, may require.
(2)The Director or any officer inspecting accounts and offices or inquiring into the affairs of the Marketing Committee under Section 96 or examining the proceedings of such a Committee under Section 99 shall, for the purposes of such inspection, inquiry or examination, have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), While trying a suit in respect of t
Where the Director has reasons to believe that the books and records of a Marketing Committee are likely to be tampered with or destroyed or the funds or property of the Marketing Committee are likely to be misappropriated or misapplied, the Director may issue an order directing a person duly authorised by him in writing, to seize and take possession of such books and records, funds and property of a Marketing Committee, and the officer or officers of the Marketing Committee responsible for the custody of such books records, funds and property, shall delivery thereof to the person so authorised.
The Director, may, at any time, call for and examine the proceedings of any Marketing Committee for the purpose of satisfying himself as to the legality or property of any decision or order passed by the Marketing Committee under this Act, and if, in any case, it appears to the Director that any decision or order or proceeding so called for should be modified, annulled or reversed, the Director may pass such orders thereon as he thinks fit.
Powers exercisable by the Director under Section 98 shall also be exercised by the Board or an officer authorised by it and reference to the Director in this Section shall be construed to be a reference to the Board.
(1) Wherethe Government is satisfied that of securing efficient regulation of marketing of agricultural produce in a market area, it is necessary that two or more Marketing Committee therein should be amalgamated or any Marketing Committee therein should be divided into two or more Market Committees, it may, after consulting the Marketing Committee or the Marketing Committees, as the case may be, and the Board, by notification, provide for the amalgamation of such Marketing Committee or division of the Marketing Committee into two or more Marketing Committees for the Market area in respect of the agricultural produce specified in the notification. The notification shall also provide for the constitution, property, rights, interests and authorities and such liabilities, duties and obligations (including provision in respect of contracts, assets, employees, proceedings) and such incidental, consequential and supplementary matte
(1) If, in the opinion of the Government a Marketing Committee is not competent to perform, or persistently makes default in performing the duties imposed on it by or under this Act, or exceeds or abuses its power or willfully disregards any instructions issued by the Government or any officer duly authorised by it in this behalf, the Government may, for reasons to be recorded by it in writing, and after giving the Committee an opportunity of tendering an explanation, by notification, supersede, such Marketing Committee.
(2) Upon publication of a notification under sub-section (1) superseding a Marketing Committee, the following consequences shall ensue
(a) all members of Marketing Committee including its Chairman and Vice-Chairman shall, from the date of publication of the notification, be deemed to have vacated their respective office
If the outgoing Chairman or Vice-Chairman, to whom a direction has been issued under sub-section (2) of Section 48, does not comply with such direction, he shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to five thousand rupees, or with both.
Whoever, in contravention of the provisions of sub-section (1) 79 uses any place in the market area for the marketing of the agricultural produce specified in the declaration made under sub-section (1) of Section 4 or operates in the market area therein as trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman, or in any other capacity in relation to the marketing of that agricultural produce shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both, and in the case of a continuing contravention, with a further fine which may extend to one hundred rupees for every day, during which such contavention continues after conviction for the first contravention.
Whoever obstructs any officer in carrying out the inspection of accounts or in holding an inquiry into the affairs, of a Marketing Committee or fails to obey any order with reference to any matter specified in Section 96 shall be punishable with fine which may extend to two hundred rupees for everyday during which the offence continues.
If any officer, servant or member of a Marketing Committee, when required under Section 97 to furnish information with regard to the accounts or offices or affairs of the Market Committee or the proceedings of a Market Committee
(a) willfully neglects or refuses to furnish any information; or
(b) willfully furnishes information which is false or incorrect in material particulars; such office, servant or member shall be punishable with imprisonment for term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Whoever, in contravention of the provisions of Section 98 obstructs any person in seizing or taking possession of any books, records, funds or property of the Market Committee or ssss fails to give delivery thereof to such person shall be punishable with fine which may extends to two thousand rupees.
Whoever contravenes any provision of this Act or of any Rule or Bye-laws made thereunder shall, if no other penalty is provided for such contravention elsewhere in this Act or in the Rules or Bye-laws, be punishable with fine which may extend to two thousand rupees.
(1) Every member or employee of the Board or any Marketing Committee shall be liable for the loss, wastage, misappropriation or misapplication of any money or other property belonging to the Board or the Marketing Committee, if such loss, wastage misappropriation or misapplication is proved to the satisfaction of the board, to be the direct consequence of the neglect or misconduct on the part of such member or employee : Provided that he shall be given an opportunity by a written notice to show cause as to why he should not be held liable for the loss, wastage, misappropriation or misapplication.
(2) Wherever any such member or employee is held to be so liable, he shall make good the loss within a period of one month from the date of the order failing which an amount equal to the loss shall be recoverable from such member or employee as an arrear of land revenue.
&nb
The Chairman, the Vice-Chairman the members, the Secretary and the other officers and servants of the Board and the Chairman, Vice-Chairman, members, Secretary and other officers and servants of a Marketing Committee shall be deemed to be public servants within the meeting of Section 21 of the Indian Penal Code, 1806 (45 of 1860).
(1) No suit or other legal proceedings shall be instituted against the Board or any Marketing Committee or any member, office or servant thereof or any person acting under the direction of the Board, any Marketing Committee, member, officer or servant for anything done or purported to be done in good faith as such member, officer, or servant under this Act,, until the expiration of two months next after notice in writing, stating the cause of action, the name and place of residence of the intending plaintiff and the relief which he claims, has been, in the case of the Board or Marketing Committees, delivered or left at its office, and in the case of any such member, officer, servant or person as aforesaid, delivered to him or left at his office or usual place of residence, and the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit s
(1) No offence under this Act, or any Rule or regulation or bye-laws made thereunder, shall be tried by a Court inferior to the Court of a Metropolitan Magistrate.
(2) No prosecution under this Act, shall be instituted by the Director or any officer authorised by him in that behalf for by Vice-Chairman or by any other person duly authorised by the Board or the Marketing Committee, as the case may be, in that behalf.
(3) No Court shall take cognizance of any offence under this Act or any Rule, order, regulation or Bye-laws made thereunder, unless compliant thereof is made within six months from the date on which the alleged commission of the offence came to the knowledge of the Director, officer, Vice-Chairman or person referred to in sub-section (2).
(4) All fines received by a Court from an o
(1) Every sum due from the Board or a Market Committee to the Government shall be recoverable as an arrear of land revenue.
(2) Subject to the Provisions of Sub-section (3) of Section 116 any sum due to the Board or a Marketing Committee on account of any charge cost, expenses, fee, rent or on any other account under the provisions of this Act, or any Rule, Regulation or Bye-laws made thereunder or any sum due to an agriculturist for any agricultural produce, specified under sub-section (1) of Section 61, sold by him in the market area and which is not paid to him as provided by or under this Act, shall be recoverable from the person ffom whom such sum is due, in the same manner as if were an arrear of land revenue.
(3) If any dispute arises as to whether a sum is due to an agriculturist within the meaning of sub-section (3) of Section 1
The Government may, by notification, and subject to such conditions, if any, as it may think fit to impose, delegate all or any of the powers conferred upon it by or under, any of the provisions of this Act to the Board or any other officer or person specified in the notification.
(1) The Government may, by general or special order, published in the Official Gazette, exempt the Board or any Marketing Committee or any class of persons from any of the provisions of this Act or any Rule, regulation, or Bye-laws made thereunder or may direct, in like manner, that the provisions of this Act shall apply to the Board or any Marketing Committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order.
(2) All orders made under sub-section (1) shall be laid, as soon as may be, after they are made, before the Legislative Assembly of Delhi.
(3) The Government may, by genneral or special order, published in the Official Gazette, direct with that any Rule, regulation or Bye-laws made under this Act shall apply to the Board or any Marketing Committee or any class of
(1)The Government may by notification, make Rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such Rules may provide for all or any following matters namely,
(a) qualifications which the representatives of the agriculturists shall possess under clause (a) of sub-section (1) of Section 36;
(b) qualifications which the representatives of traders shall possess under clause (b) of sub-section (1) of Section 36;
(c) the manner in which the members of a Marketing Committee may be elected under Section 38, including all matters incidental to such election;
(d) the term of office and other conditions of service of Chairman or Vic
(1) The Board may, with the provisions approval of the Government and by notification, make Regulations, not inconsistent with the provisions of this Act or any Rule made thereunder for carrying out the provision of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such Regulations may provide for all or any of the following matters, namely,
(a) the method of recruitment, the scale of pay and other conditions of service of employees of the Board and Marketing Committee;
(b) regulation of transaction of business at the meetings of the Board;
(c) delegation of duties and powers of the Board to its Vice-Chairman or any other officer employed by it;
(d) delegation of
(1) Subject to the provisions of this Act, and the Rules made thereunder, a Marketing Committee may, in respect of a market area under its management, make Bye-laws for
(i) determining the quantity of Agricultural produce which may be considered as retail sale for the purposes of the Act and the Rules made thereunder;
(ii) the regulation of the business of the Marketing Committee, including meetings, quorum and procedure;
(iii) the conditions of trading in a Market;
(iv) delegation of powers, duties and functions to the officers and servants;
(v) the delegation of powers, duties and functions to a sub-committee, if any;
(vi) the provisions for the persons and
The Government may, after consulting the Board, by notification, include in, or exclude from, the Schedule, any items of agricultural produce or amend it in any other manner.
Whenever it is found that any amount due to the board or a Marketing Committee is irrecoverable or should be remitted, or whenever any. loss of the Boards or a Marketing Committees- money or stores or other property occur through the fraud or negligence of any person or for any other cause and such money or property is found to be irrecoverable, the fact shall be reported to the Board or Marketing Committee, as the case may be, and the Board, with "the approval of the Director, and the Marketing 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 the case of Marketing Committee, if in any case the amount due or the value of such property is in excess of one thousand rupees, such order shall not take effect unless it is approved by the Director.
Notwithstanding anything contained in this Act, the 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 is satisfied that such order is not in accordance with the provisions of this Act, or any Rule, regulation or Bye-law made thereunder.
(1) With the previous approval of the Director, the Secretary of a Marketing Committee or any other officers authorised by the Director in this behalf, may accept from any person against whom a reasonable suspicion exists that he has committed an offence under this Act or any Rules, Regulations or Bye-laws made thereunder, a sum of money by way of composition for such offence.
(2) Notwithstanding anything contained in any other law for the time being in force, on the payment of such amount of money to the Marketing Committee, the suspected person, if in custody, shall be discharged and no further proceedings shall be taken against such person.
(1) A Marketing Committee or its Secretary shall have the power, to impose by order, a penalty not exceeding five thousand rupees on any market functionary or agriculturist or purchaser for the contravention or any Bye-law, after giving the person concerned a reasonable opportunity of being heard.
(2) An appeal against an order under sub-section (1) shall lie to the Vice-Chairman of the Board, within such time and in such manner as may be prescribed.
(1) The Delhi Agricultural Marketing (Regulation) Act, 1976 (87 of 1976) (hereinafter referred to as the said Act) is hereby repealed :
Provided that such repeal shall not affect the previous operation of the enactment aforesaid and anything done or any action taken (including any appointment, delegation or declaration made, notification, order, regulation, direction or notice issued, Bye-laws framed, Marketing Committee established, licences granted, fees levied and collected, instruments executed, any fund established or constituted) by or under the provisions of the said Act shall in so far it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.
&nb
If any difficulty arises in giving effect to the provisions of this Act, the Government may, as exigency requires, by order not inconsistent with the provisions of this Act, do anything which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of two years from the commencement of this Act.
SCHEDULE [See Section 2(1)(a) and Section 119] SCHEDULE
[See Section 2(1) (a) and Section 119]
I.
Animal Husbandry Products
1.
Butter.
2.
Cattle meat.
3.
Eggs.
4.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
