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THE PUNJAB AGRICULTURAL PRODUCE MARKETS ACT, 1961
(Punjab Act No. 23
of 1961)
(Received the assent of the President of India on the 18th May, 1961, and first
published for general information in the PUNJAB GOVERNMENT GAZETTE
(EXTRA ORDINARY), Legislative Supplement, of the 26th May, 1961).
An Act to consolidate and amend the law relating to the better regulation of the
purchase, sale, storage and processing of agricultural produce and the
establishment of markets for agricultural produce in the State of Punjab. Be it
enacted by the Legislature of the State of Punjab in the Twelfth year of the
Republic of India as follows :-
1. Short title, extent and commencement
(1) This Act may be called the Punjab Agricultural
Produce Markets Act, 1961.
1[(2)
It extends to the States of Punjab and Haryana, the territories transferred to
the Union Territory of Himachal Pradesh under section 5 of the Punjab
Reorganisation Act, 1966 (31 of 1966) and the Union Territory of Chandigarh.]
(3) It shall come into force at once.
2. Definitions
In this Act, unless the context otherwise requires :-
(a) “agricultural produce” means all produce, whether processed or not, of
agriculture, horticulture, animal husbandry or forest as specified in the
Schedule to this Act;
2[(b)
“Board” means the Punjab State Agricultural Marketing Board or the Haryana State
Agricultural Marketing Board established under the Act for the State of Punjab
or the State of Haryana and includes the Administrator of the Union Territory of
Himachal Pradesh functioning as the Board for the transferred territory and the
Administrator of the Union Territory of Chandigarh functioning as the Board for
the Union Territory of Chandigarh];
(c) “broker” means a person, other than a private servant or an auctioneer,
usually employed on commission to enter into contracts on behalf of others for
the purchase or sale of agricultural produce;
(d) “committee” means a market committee established and constituted under
sections 11 and 12 ;
1 & 2 Substituted vide G.O.I.S.O. No. 3021,
dated 18th July, 1969.
(e) “Co-operative Society” means a Co-operative Society
registered or deemed to be registered under the Punjab Co-operative Societies
Act, 1954,
1[or any other corresponding law for the time being in force]
which deals in the purchase, sale, processing or storage of agricultural
produce, or is otherwise engaged in the business of disposal of agricultural
produce;
(f) “dealer” means any person who within the notified market
area set up, establishes or continues or allows to be continued any place for
the purchase, sale, storage or processing of agricultural produce notified under
sub-section (1) of section 6 or purchases, sells, stores or processes such
agricultural produce;
2[(g)
“Director”.................. (omitted)]
(h) “Godown Keeper” means a person, other than a producer,
who stores agricultural produce for himself for sale or stores agricultural
produce of others in lieu of storage charges;
3[(hh)
“licensee” means a person to whom a licence is granted under section 10
and the rules made under this Act and includes any person who buys or sells
agricultural produce and to whom a licence is granted as Kacha Arhtia or
commission agent or otherwise but does not include a person licensed under
section 13];
(i) “market” means a market established and regulated under
this Act for the notified market area, and includes a market proper, a
4[principal market yard, sub-market yard and private market yard.]
(j) 5[“Marketing
officer” ...........................omitted]
(k) “market proper” means any area including all lands with
the buildings thereon, within such distance of the principal market or
sub-market yard, as may be notified in the official gazette by the State
Government, to be a market proper;
6[(kk) “member”
includes the Chairman of the Board;]
(l) “notified market area” means any area notified under
section 6;
(m) “prescribed” means prescribed by rules made under this
Act;
(n) “principal market yard” and “sub-market yard” mean an
enclosure, building or locality declared to be a principal market yard and
sub-market yard under section 7;
7[(nn) “private
market yard” means an enclosure, building or locality other than the
principal market yard or sub-market yard in notified market area, owned and
operated by any person or company or cooperative society in acordance with the
terms and conditions of a licence, granted by the State Government and where
infrastructure has been developed by such person or company or cooperative
society as the case may be;
Explanation. - For the purpose of this clause, company shall mean
a company incorporated under the Companies Act, 1956.”
(o) “producer” means a person who in his normal course of
avocation grows, manufactures, rears or produces, as the case may be,
agricultural produce personally, through tenants or otherwise, but does not
include a person who works
1. Inserted vide G.O.I.S.O. No. 3021, dated 18th
July, 1969.
2. Omitted vide Punjab Act No. I3 of 1979.
3. Inserted vide Punjab Act 34 of 1976.
4. Substituted vide Punjab Act No 12 of 2005 dated 23-5-2005 (Notification
No.18-Leg./2005 dated 23-5-2005)
5. Omitted vide Punjab Act No 40 of 1963.
6. Inserted vide ibid
7. Inserted vide Punjab Act No.12 of 2005 dated 23-5-2005 (Notification No.
18-Leg/2005 dated23-5-2005)
as a dealer or a broker or who is a partner of a firm of dealers or brokers or
is otherwise engaged in the business of disposal of agricultural produce other
than that grown, manufactured, reared, or produced by himself, through his
tenants or otherwise. If a question arises as to whether any person is a
producer or not for the purposes of this Act, the decision of the Deputy
Commissioner of the District in which the person carries on his business or
profession shall be final:
Provided that no person shall be disqualified from being a producer merely on
the ground that he is a member of a Co-operative Society;
Explanation
:- The term ‘producer’ shall also include tenant.
(p)
1[“region” ....................omitted];
(q) “retail sale” means sale of agricultural produce not
exceeding such quantity as may be prescribed;
(r) “secretary” means the Executive Officer of a committee and
includes an Assistant Secretary or a person officiating or acting as Secretary;
(s) “trade allowance” includes an allowance having the
sanction of custom in the notified market area concerned and market charges
payable to various functionaries;
2[(t)
“transferred territory” means the territory transferred to the Union
Territory of Himachal Pradesh under Section 5 of the Punjab Reorganisation Act,
1966 (31 of 1966)];
3[2 A. Construction of certain references in the Act
In the application of the provisions of this Act-
(1) to the State of Haryana, any reference therein to any expression mentioned
in column :-
(1) of the Table below shall be construed as a reference to the
corresponding expression mentioned in column (2) of the said Table.
TABLE
|
|
(1) |
(2) |
|
|
State Government. |
The Government of the State of Haryana. |
|
Punjab State or State of Punjab except in section
1 of the Act. |
State of Haryana. |
|
State Agricultural Marketing |
Haryana State Agricultural Marketing Board |
1. Deleted vide G.O.I.S.O. No.3021 dated 18th July, 1969.br> 22 & 3.
Inserted vide G.O.I.S.O. No. 3021, dated 18th July, 1969.
(2) to the territory transferred to Himachal Pradesh any reference therein to
any expression mentioned in column (1) of the Table below shall be construed as
a reference to the corresponding expression mentioned in column (2) of the said
Table.
TABLE
|
|
(1) |
(2) |
|
|
State Government. |
Administrator of the Union Territory of Himachal
Pradesh. |
|
Punjab State or State of Punjab except in
section 1 of the Act. |
Transferred territory. |
|
State Agricultural Marketing Board |
Administrator of the Union Territory of Himachal
Pradesh. |
(3) to the Union Territory of Chandigarh, any reference, therein to any
expression mentioned in column (1) of the Table below shall be construed as a
reference to the corresponding expression mentioned in column (2) of the said
Table.
TABLE
|
|
(1) |
(2) |
|
|
State Government. |
Administrator of the Union Territory of
Chandigarh. |
|
Punjab State or State of Punjab except in
section 1 of the Act. |
Union Territory of Chandigarh. |
|
State Agricultural Marketing Board |
Administrator of the Union Territory of
Chandigarh. |
3. State Agricultural Marketing Board, Constitution, Powers and Dutiesrong>3. State
Agricultural Marketing Board, Constitution, Powers and Duties
(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 a State Agricultural Marketing Board, consisting of a
[See Amendment] Chairman to be nominated by the
State Government and
1[Sixteen other members of whom eight] shall be officials and
eight non-officials, to be nominated by the State Government in the following
manner:-
(a) official members shall include
2[a Joint Secretary to the State Government in the Department of
Finance, The Director of Horticulture, Punjab],
3[the Secretary of the Board and five other officials, one
representing the Agriculture Department, the second representing the
Co-operation Department, the third representing the Animal Husbandry Department,
the fourth representing the Colonization Department and the fifth representing
the Food and Supplies Department];
(b) of the non-official members :- (i) one shall be a producer member of a
committee;
(ii) one shall be from among such persons licensed under section 10 as are
members of a committee;
(iii) one shall be from among such persons licensed under section 13 as are
members of a committee;
(iv) one shall be a member of a registered organization of farmers;
(v) three shall be progressive producers of the Punjab, one from each division;
and
(vi) one representing the Co-operative Societies:
Provided that when the non-official members referred to in sub-clauses (i),
(ii) and (iii) of clause (b) cannot be nominated owing to all the Market
Committees being under supersession the Board shall consist of all the members,
including
[See Amendment] the Chairman,
referred to in this sub-section excepting the members referred to in the
aforesaid sub-clauses and the same shall be deemed to be validly constituted
Board till such members are nominated by the State Government after the Market
committees are constituted.
4[(2) There
shall be a Secretary of the Board who shall be appointed by the State Government
from amongst those members of the Indian Administrative Service, the Punjab
Civil Service (Executive Branch) or the Punjab Agricultural Service (Class 1)
who have put in not less than five years service as such member].
[See Amendment]
1 & 2. Substituted vide Punjab Act No. 10 of 1982.
3. Substituted vide Punjab Act No. 13 of 1979.
4. Substituted vide ibid.
(3) The Board shall be a body corporate as well as a local authority by the name
of the State Agricultural Marketing Board having perpetual succession and a
common seal, with power, subject to the provisions of this Act, to
1[acquire, hold and sell] property and shall be the said name use
and be used.
(4) The term of office of the non-official members of the Board shall be three
years.
(5) No person shall be eligible to become a member of the Board who :-
(a) does not ordinarily reside within the Punjab State;
(b) is below twenty-five years of age;
(c) has been removed under sub-section (7) or section 15;
(d) is of unsound mind; or
(e) has been declared as insolvent or sentenced by a criminal court, whether
within or outside the Punjab State, for an offence involving moral turpitude:
Provided that the disqualification under Clause (e) on the ground of a sentence
by a criminal court shall not apply after the expiry of four years from the date
on which the sentence of such person has expired.
(6) A member of the Board may resign from membership by tendering his
resignation to the State Government through the Chairman of the Board and the
seat of such members shall become vacant on the date of acceptance of his
resignation:
2
[Provided that the
[See Amendment]Chairman of the Board may resign by tendering his resignation to the
State Government].
3[(7)
The State Government may, by notification remove any member of the Board other
than a official member :-(a) if he has become subject to any of the
disqualifications specified in sub-section (5); or
(b) if he is, in its opinion, remiss in the discharge of his duties; or
(c) if he has without the permission of the Chairman of the Board and in the
opinion of the State Government without sufficient cause absented himself for
not less than three consecutive meetings of the Board, and may appoint another
member in his place in the manner provided in clause (b) of sub-section (1) from
the category to which the removed member belongs:
Provided that before removing a member the reasons for the proposed action shall
be conveyed to him and his reply invited within a specified period and duly
considered:
[See Amendment]
1. Substituted vide Punjab Act No. 10 of 2001 dated
7.9.2001
2. Added vide Punjab Act No. 40 of 1963.
3. Substituted vide
Punjab Act No. 13 of 1979
Provided further 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 sub-section
(4) unless there be delay in appointing a new member who succeeds the member
first mentioned above in which case it shall expire on the date on which his
successor is appointed by the State Government].
(8) The State Government shall exercise superintendence and control over the
Board and its officers and may call for such information as it may deem
necessary and, in the event of its being satisfied that the Board is not
functioning properly or is abusing its powers or is guilty of corruption or
mismanagement, it may suspend the Board and, till such time as a new Board is
constituted, make such arrangements for the exercise of the functions of the
Board
1[and of its Chairman] as it may think fit:
Provided that the Board shall be constituted within
2[five years & six months] from the date of its suspension.
*(9) The Board shall exercise superintendence and control over the committees .
#(10) The State Government or the Chairman or the Secretary of the Board or any
other officer of the Board authorized in this behalf by the Board may call for
any information or return relating to agricultural produce from a committee or a
dealer or a godown keeper or other functionaries and shall have the power to
inspect the records and accounts of a committee and accounts of any dealer,
godown-keeper or other functionaries for that purpose.
(11) The
3[Chairman or subject to his control the Secretary of the Board]
may transfer the Secretary or any employee dealing with the accounts of one
committee to another committee and they shall exercise such other powers and
discharge such other duties as may be prescribed:
Provided that any increase or decrease in amoluments of a transferred
employee shall be referred to the State Government whose decision on such
reference shall be final.
(12) Subject to the provisions of this Act and the rules and bye-laws made
there-under, the Board may employ such persons for the performance of the
functions of the Board under this Act, and may give them such remuneration, as
it may think fit, and may suspend, remove, dismiss or otherwise punish any
person so employed.
1. Inserted Vide Punjab Act No. 13 of 1979.
2. Substituted vide Punjab Ordinance No. 1 of 1992 dated 19.6.1992.
* The powers under section 3 (9) have been delegated to Secretary Board vide
Memo No. 18 (50) M-1-87/1048 dt. 08.12.87 and subsequently superseded vide memo
No. 11/11/93-M-1/8270 dated 16.7.93 and powers delegated to Chairman of the
Board.
3. Substituted vide Punjab Act No. 5 of 1974.
* The powers under section 3 (9) have been delegated to secretary board vide
memo No. 18 (50) M-1-87 /1048 dt.08- 12-87 and subsequently superseded vide memo
No. 11/11/93-M-1/8270 dated 16-7-93 and powers delegated to chairman of the
board.
# Powers have been delegated to secretary market committee, Assistant District
Mandi Officer, Deputy District Mandi Officer, District Mandi Officer,
Enforcement chief and Manager Marketing vide office order No. 887 (1991) dt.:
6-6-1991
(13) Subject to rules made under this Act, an estimate of the annual income and
expenditure of the Board for the ensuing year shall be prepared and passed by
the Board and submitted every year for the sanction of the State Government not
later than the prescribed date. The State Government shall sanction and return
the budget within two months from the date of the receipt thereof. If it is not
received within two months it shall be presumed to have been sanctioned.
(14) Subject to rules made under this Act, the Board may, with the approval of
the State Government, frame bye-laws for-
(a) regulating the transaction of business at its meetings;
(b) the assignment of duties and powers of the Board to its
[See Amendment]
Chairman, Secretary or persons employed by it; and
(c) such other matters as may be prescribed.
(15)
1[Six] members shall constitute a quorum at a meeting of the
Board:
Provided that if a meeting is adjourned for want of quorum, no quorum shall be
necessary at the next meeting called for transacting the same business.
(16) All questions before a meeting of the Board shall be determined by a
majority of votes of the members present and voting and, in case of equality of
votes, the Chairman may exercise a casting vote.
Note:- The powers of the ‘Board’ under sub-section (12) of Section 3 have been
delegated to Secretary Board vide Govt. Memo. No. 11 (6) - M-87/221-spl. Dated
11.8.87.
(17) (i) The State Government may delegate to the Board or its
[See Amendment]
2[Chairman, Secretary ]
any of the powers conferred on it by or under this Act; and
(ii) The Board may
3[with the prior approval of the State Government], delegate any
of its powers to its
[See Amendment] Chairman, Secretary
or any of its officers.
(18) The headquarter of the Board shall be located at a place to be determined
by the State Government.
(19) No act or proceeding of the Board shall be invalid by reason only of the
existence of any vacancy among its members or any defect in the constitution
thereof.
4[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
[See Amendment]
1. Substituted vide Punjab Act No. 13 of 1979.
2. Substituted for the Word ‘Chairman’ vide Punjab Act No. 40 of 1963.
3. Substituted vide Punjab Act No. 22 of 1978.
4. Inserted vide G.O.I.S.O. No. 3021, dated 18th July, 1969.
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
the 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].
4. 1[Advisory
committee ............. omitted]
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.
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
2[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 with the
assets of that committee which remain after satisfaction of all, its liabilities
to the Board. Such assets shall be utilized by the Board for such objects in the
area as it may consider to be for the benefit of the producers of that area.
(3) After the date of issue of such notification or from such later date as may
be specified therein, no person, unless exempted by rules made under this Act,
shall, either for himself or on behalf of another person or of the State
Government within the notified market area, set up, establish or continue or
allow to be continued any place for the purchase, sale, storage and processing
of the agricultural produce so notified, or purchase, sell, store or process
such agricultural produce except under a licence granted in accordance with the
1. Omitted vide Punjab Act No. 13 of 1979.
2. Substituted for certain Words vide Punjab Act No. 40 of 1963.
provisions of this act, the rules and bye-laws made there under and the
conditions specified in the licence:
Provided that a licence shall not be required by a producer who sells himself
or through a bona-fide agent, not being a commission agent, his own agricultural
produce or the agricultural produce of his tenants on their behalf or by a
person who purchases any agricultural produce for his private use.
(4) For the removal of doubts, it is hereby declared that a notification
published in the official gazette under this section or section 5 shall have
full force and effect notwithstanding any omission to publish, or any
irregularity or defect in the publication of a notification under this section
or under section 5 as the case may be.
7. Declaration of market yards
1[(1) For each
notified market area, there shall be one principal market yard, one or more sub
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 the area
and other enclosures, buildings or localities to be one or more sub market yards
or one or more private market yards for the area.
(3) Every person or company or cooperative society, as the case may be desiring
to obtain a licence for private market yard, shall apply to such authority, in
such manner and with such fee, as may be prescribed]
8. No private market to be opened in or near places declared to be markets
2[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 purpose of the purchase, sale,
storage or processing of agricultural produce if he sells his own agricultural
produce outside the premises set apart by the committee for the purpose of
purchase, sale, storage and processing of agricultural produce.
9. Authority to whom applications for grant of licences are to be made
The
3[Secretary of the Board] or any other officer authorized by him
in writing in this behalf shall be the authority for granting licences required
under section 6.
1 & 2. Substituted vide Punjab Act No.12 of 2005 dated 23-05-2005
(Notification No.18-Leg./2005 dated 23-05-2005).
3. Substituted vide Punjab Act No. 40 of 1963.
10. Applications for licences, fees to be paid and cancellation or suspension of licences
(1) Any person may apply to the authority specified in Sec. 9 for a licence
which may be granted for such period, in such form, on such conditions and on
payment of such fees not exceeding
[See Amendment]
1[three hundred rupees]
as may be prescribed:
Provided 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
not exceeding
2[two hundred rupees] as may be prescribed.
(2) The
3[Secretary of the Board] may, on being satisfied that there has
been a breach of any of the conditions specified in a licence, by an order in
writing, cancel or suspend such licence and may also direct that such licence
shall not be renewed for such period not exceeding five months for the first
breach and not exceeding nine months for the second breach and not exceeding one
year for every subsequent breach, as may be specified in that order:
Provided that the Chairman of a committee of the area concerned may under
intimation to the Secretary of the Board suspend a licence for a period not
exceeding fifteen days:
Provided further that no such order shall be made without giving the
licensee an opportunity to show cause why such an order should not be made.
(3) The
4[Secretary of the Board] after such enquiry as he may consider
necessary, refuse a licence to a person who in his opinion: -
(a) is a benamidar for or a partner with any person to whom a licence has been
refused, or whose licence is cancelled or suspended under sub-section (2) for
the period of such cancellation or suspension; or
(b) is convicted of an offence affecting the said person’s integrity as a man of
business within two years of such conviction; or
(c) is undischarged insolvent:
Provided that no such order shall be made without giving such person an
opportunity to show cause why such an order should not be made.
(4) Any person aggrieved by an order made under this section may at any time
within one month of the making thereof, appeal to the State Government if such
order is
[See Amendment]
1. Substituted vide Punjab Act No.13 of 2005, dated 23-5-2005 (Notification No.
19.Leg./2005 dated 23-5-05).
2. Substituted vide ibid.
3. Substituted vide Punjab Act No. 40 of 1963.
4. Substituted vide ibid.
passed by the
1[Secretary of the Board] and to the Secretary of the Board if
such order is passed by the Chairman of the committee.
2[10-A.
Certain persons to be licensees Any person to whom a licence is
granted under section 10 shall be deemed to be licensee under that section for
the purposes of this Act and the rules made there under 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].
11. Establishment of market committee
The State Government shall by notification establish a market committee for
every notified market area and shall specify its headquarters.
3[12.
Constitution of committees
(1) A committee shall consist of
4[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
5[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
6[twelve] members, there shall be nominated-
7[(i) six
members from amongst such producers, who are members of Gram Panchayats or as
per Panchayat Samitis situated in the notified market patren 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 market area:
Provided further that out of the six members, one shall be an expert in the
field of production or marketing or processing of agricultural produce:
Provided further that in case no such expert is available, then the
nomination shall be made in the manner hereinbefore mentioned;]
(ii)
8[three ] members from amongst the persons licensed under section
10 ; and
(iii)
9[two] member from amongst the persons licensed under section 13:
Provided that the members nominated under this clause shall include one
member belonging to Scheduled Castes or Backward Classes and one woman member,
who are members of Gram Panchayats or Panchayat Samitis of the
1. Substituted for the words “Chairman of the Board” vide Punjab Act.
No. 40 of 1963.
2. Added vide Punjab Act No. 34 of 1976.
3. Substituted vide Notification No. 7-Leg/96, dated 17.4.1996 (Punjab Act No. 5
of 1996).
4 - 9. Substituted vide Notification No. 14-Leg.-2006 dated 4-5-2006 (Punjab Act
No. 14 of 2006).
concerned notified market area and who are otherwise qualified to be nominated
as members of the Committee;
(b) if the committee is to consist of
1[thirteen] members, there shall be nominated, in addition to the
members specified in sub-clauses (i), (ii) and (iii), of clause (a), one member
representing the Co-operative Societies;
(c) if the committee is to consist of sixteen members, there shall be nominated-
(i) nine 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 nine members, one shall be an expert in the field
of production or marketing or processing of agricultural produce:
Provided further that in case no such expert is available, then the
nomination shall be made in the manner herein before mentioned;
(ii) four members from amongst the persons licensed under section 10 ; and
(iii) two members from amongst the persons licensed under section 13 :
Provided that the members nominated under this clause shall include two
members belonging to Scheduled Castes or Backward Classes and one woman member,
who are members of Gram Panchayats or Panchayat Samitis of the concerned
notified market area and who are otherwise qualified to be nominated as members
of the committee;
(d) if the committee is to consist of seventeen members, there shall be
nominated, in addition to the members specified in sub-clauses (i), (ii) and
(iii) of clause (c), one member representing the Co-operative Societies:
Provided that where in the case of sub-clause (iii) of clause (a) or
sub¬-clause (iii) of clause
(c), there are no persons licensed under section 13, or the member of such
persons is less than those required to be nominated, the deficiency shall be
made up by nominating members from amongst the persons licensed under section
10.
(3) No act, done or proceeding taken, under this Act, by the Committee, shall be
invalid merely on the ground of-
(a) any vacancy or defect in the constitution of the Committee ;or
(b) any defect or irregularity in the nomination of a person acting as member
thereof; or
(c) any defect or irregularity in such act or proceeding not affecting the
merits of the case.
(4) Subject to the rules made under this Act, the disqualifications specified in
sub¬-section (5) of section 3, shall also apply for purposes of becoming a
member of the committee.
1. Substituted vide Notification No. 14/Leg.-2006/dated 4-5-2006 (Punjab
Act No. 14 of 2006.
(5) The State Government shall constitute Committees in accordance with the
provisions of this section:
Provided that the State Government may, until such Committees are
constituted and their Chairman and Vice-Chairman are appointed in accordance
with the provisions of this Act, allow the persons already appointed under
section 36 of this Act to hold office and exercise the powers and perform the
functions of such committees].
1[12-A.
Supersession of nominated Committees
[See Amendment]
On and from the commencement of the Punjab Agricultural Produce Markets
(Amendment) Ordinance, 2002,
(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 of 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 and other members by or
under this Act, shall be exercised and performed by such office, as the
Government may appoint in that behalf; and
(d) all property vested in each Committee shall, until these are 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 2[three years]
from the date of supersession.]
*[12-B. Constitution of Committee by nomination for fixed period ........ Omitted].
*[12-C. Supersession of nominated Committees................. Omitted].
*[12-D. Constitution of nominated Committees by nomination for fixed
period...... Omitted].
13. Duties and power of Committee
(1) It shall be the duty of a Committee-
(a) to enforce the provisions of this act and the rules and the bye-laws made
there under in the notified market area and, when so required by the
3[***] Board,
[See Amendment]
1. Substituted vide Notification No. 8 Leg./2007, dated 17.7.2007 (Punjab Act
No. 5 of 2007 dated 17.7.2007)
2. Substituted vide Notification No. 5-Leg./2005 dated 18-1-05. (Punjab Act No.5
of 2005)
* Note : Section 12-B, 12-C and 12-D omitted vide Notification No. 1 Leg./96
dated 03.1.1996 (Punjab Act No. 5 of 1996).
3. Omitted vide Punjab Act No.4 of 1993. Now the Powers of the Board have been
delegated vide Memo No. 18(50) M-I-87/1048 dated 8-12-1987 to Secretary Board,
full powers, Enforcement Chief for seasonal arrangements and arrangements
regarding Apni Mandis subjects to control of Secretary and District Mandi
Officer for seasonal arrangements subjects to control of Secretary Board and
Enforcement Chief.
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
1[***] 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 Board
2[***].
(2) Every person licensed under section 10 or section 13 and every person
exempted under section 6 from taking out license, shall on demand by the
committee or any person authorized by it in this behalf furnish such information
and returns, as may be necessary for proper enforcement of Act or the rules and
bye-laws made there under.
(3) Subject to such rules as the State Government may make in this behalf, it
shall be the duty of a committee to issue licences to brokers, weigh men,
measurer, surveyors, godown keepers and other functionaries for carrying on
their occupation in the notified market area in respect of agricultural produce
and to renew, suspend or cancel such licences.
(4) No broker, weigh men, measurer, surveyor, godown-keeper or other functionary
shall, unless duly authorized by licence, carry on his occupation in a notified
market area in respect of agricultural produce:
Provided that nothing in sub-section (3) and (4) shall apply to a person
carrying on the business of warehouseman who is licensed under the Punjab
Warehouses Act, 1957 (Punjab Act No. 2 of 1958).
14. Term of office of members
3 [Subject
to the provisions of Section 17, a nominated member of a Committee shall hold
office for a period of three years from the date of his nomination].
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:
1. Omitted vide Punjab Act No.4 of 1993. Now the Powers of the Board
have been delegated vide Memo No. 18(50) M-1-87/1048 dated 8-12-1987 to
Secretary, Board, full powers, Enforcement Chief for seasonal arrangements and,
arrangements regarding Apni Mandis subjects to control of Secretary and District
Mandi officer for seasonal arrangements subjects to control of Secretary Board
and Enforcement Chief.
2. Omitted vide Punjab Act. No. 40 of 1963.
3. Substituted vide Punjab Act No.5 of 1996 dated 17.4.1996
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.
16. Appointment of Chairman and Vice-Chairman
1[(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 bearers and any resolution so passed shall be subject to confirmation
by the Board.
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 shall be filled in
accordance with the provisions of sub-section (1) and the term of office of the
additional members appointed shall be the unexpired portion of the term of the
existing members of the committee.
2[17-A.
Election petition ....................... Omitted]
1. Substituted vide Punjab Act No. 5 of 1996.
2. Omitted vide Notification No.7-Leg./96 dated 17-4-1996. (Punjab Act No. 5 of
1996.)
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 immovable to lease, sell or
otherwise transfer any moveable and immovable 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 immovable property
except in pursuance of a 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.
19. Appointment of sub-committees and joint committees and delegation of powers
A Committee may appoint, one or more of its members or other to be a
sub¬-committee or to be a joint committee or to be an adhoc committee for the
administration of the sub-market yard, for the conduct of any work or for
reporting on 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
1[***] board.
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
and as the Board may prescribe.
1. Omitted by Punjab Act No. 40 of 1963. Now the powers of the Board
have been delegated to Secretary Board vide Memo No. 18 50) M-1-87/1048 dated
8.12.1987.
(2) A Committee may, with the previous approval of the
1[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 caders and shall have
power to control and punish them :
Provided that where the basic pay of an employee is less than
2[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
3[Board] is satisfied that any officer or servant of the committee
is a negligent in the discharge of his duties the Committee shall on the
requirement of the
4[board] suspend or otherwise punish him and if the
5[board] is satisfied that he is unfit for employment the
Committee shall dismiss him or terminate his services.
(3)(i) A Committee shall in the case of any other officer or servant of the
Board whom it employs, pay such pension and other contribution, gratuity and
allowances as may be required by the conditions of his service under the Board.
(ii) A Committee may also, in the case of any of its officers and servants
provide for the payment to them of such leave or other allowances, pensions or
gratuities as it deems proper, and may contribute to any provident fund which
may be established for the benefit of such officers and servants.
(iii) A Committee shall, in case of any Government servant whom it employs, pay
to the State Government such contributions towards the pension and leave
allowances of such servant as may be payable under any regulation in force for
the time being.
(4) The services of the Secretary or any employee dealing with the accounts of a
committee shall be transferable within the same
6[State].
(5) The Secretaries in the service of Market Committees constituted under the
Punjab Agricultural Produce Markets Act, 1939 and the Patiala Agricultural
Produce Markets Act, 2004 B.K., shall be deemed to be the servants of the Board
and their emoluments and other conditions of service shall be such as may be
determined by the Board.
(6) The powers conferred by this section on a Committee shall be exercised
subject to such rules as may be made in this behalf by the State Government.
1. Substituted by Punjab Act No. 40 of 1963.
2. Substituted for the words “One hundred & fifteen rupees” by Punjab Act No. 10
of 1982.
3. Substituted for the words “Chairman of the Board” by Punjab Act No. 40 of
1963.
4 & 5. Substituted vide ibid.
Note: The powers of the Board under sub-section (2) have been delegated to
Secretary Board vide Memo No. 18 (50)-• M- 1-87/1043 dated 8.12.87.
6. Substituted by G.O.I.S.O.No. 3021, dated 18th July, 1969.
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.
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
1[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.
23. Levy of fees
2[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 two 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.
3[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
1. Inserted vide Punjab Act No. 13 of 1979.
2. Substituted vide Punjab Ordinance No.5 of 1982, (Punjab Act No.3 of 1983).
The realization of “additional fee” levied under Section 23 (ii) has been
stopped w.e.f. 5.11.85.
3. Added vide Punjab Act No.7 of 1981 passed on by the licensee to the next
purchaser of the concerned agricultural produce, it shall be presumed unless
proved otherwise that such burden was so passed on by the licensee.
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 presumed unless proved otherwise that such burden was so
passed on by the licensee.
(4) If any amount of fee retainable by a Committee under sub-section (1) has
been refunded any licensee, the same shall be recovered by the Committee in the
manner indicated in sub-section (2) of section 41.
(5) The provisions of this section shall not affect the operation of section 6
of the Punjab Agricultural Produce Markets (Amendment and Validation) Act,
1976].
24. Octroi not payable on certain agricultural produce
Notwithstanding anything to the contrary contained in the Punjab Municipal Act,
1911,
1[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 Municipal committee from such date as may be specified
therein.
25. Marketing Development Fund
(1) All receipts of the Board shall be credited into a fund to be called the
Marketing Development Fund.
(2)
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].
26. Purposes for which the Marketing Development Fund may be expended
The Marketing Development Fund shall be utilized out of following purposes
(i) better marketing of agricultural produce;
(ii) marketing of agricultural produce on cooperative lines;
(iii) collection and dissemination of market rates and news;
(iv) grading and standardization of agricultural produce;
(v) general improvements in the markets or their respective notified market
areas;
(vi) maintenance of the office of the Board and construction and repair of its
office buildings, rest house and staff quarters;
(vii) giving aid to financially weak Committees in the shape of loans and
grants;
3[(vii-a)
repayment of loans and payment of interest thereon];
(viii) payment of salary, leave allowance, gratuity, compassionate allowance,
compensation for injuries or death resulting from accidents while on duty.
1. Inserted vide G.O.I.S.O. No. 3021, dated 18th July, 1969.
2. Substituted vide Punjab Act of 13 of 1979.
3. Inserted vide Notification No. 24 Leg/98 dated 23.7.1998.
medical aid, pension or provident fund to the persons employed by the Board and
leave and pension contribution to Government servants on deputation;
(ix) travelling and other allowances to the employees of the Board, its members
and members of Advisory committees;
1[(x)
propaganda, demonstration and publicity in favour of agricultural improvements];
2[(xi)
production and betterment of agricultural produce];
(xii) meeting any legal expenses incurred by the Board;
3[(xiii)
imparting education in marketing or agriculture directly by the Board or through
Punjab Agricultural University, Ludhiana or any other body as may be specified
by the state government by notification.
(xiv) construction of godowns and construction or repair of link roads, approach
roads, culverts, bridges and other such purposes].
(xv) loans and advances to the employees;
(xvi) expenses incurred in auditing the accounts of the Board;
(xvii) with the previous sanction of the State Government, any other purposes
which is calculated to promote the general interests of the Board and the
Committee
4[or the national or public interest]:
Provided that if the Board decides to give aid of more than five thousands
rupees to a financially weak Committees under clause (vii), the prior approval
of the State Government to such payment shall be obtained.
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, and 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 funds 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.
1. The operation of clause (x) has been restricted by Supreme Court vide
Judgment dated 4/5/79 (K.K. Puri. v/s State of Punjab) A.I.R. 1980 (SC) 1008.
2. The operation of cause (xi) has been restricted by Supreme Court vide
judgment dated 4.5.79 (K.K. Puri v/s State of Punjab) A.I.R. 1980 (SC) 1008.
3. Substituted vide Punjab Act No. 14 of 2005, dated 23-5-05 (Notification
No.20-Leg./2005 dated 23-5-05).
4. Inserted by Punjab Act 23 of 1962 (operation of clause (xvii) has been
restricted by Supreme Court vide judgment dated 4.5.79, AIR 1980 (SC) 1008.
1[(i) if the
annual income of a Committee Twenty per centum
does not exceed Rs. 20,00,000;
(ii) if the annual income of a Committee
exceeds Rs. 20,00,000;
(a) on the first of Rs. 20,00,000/- Twenty per centum
(b) on the next Rs. 20,00,000/- Forty per centum and
(c) on the remaining income Fifty per centum].
(b) The State Government shall determine the cost of such special or additional
staff and shall, where the staff is employed for the purposes of more Committees
than one, apportion such cost among the Committees concerned in such manner as
it thinks fit. The decision of the State Government determining the amount
payable by any committee shall be final.
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 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;
(vii) collection and dissemination of information regarding all matters relating
to crop statistics and marketing in respect of the agricultural produce
concerned;
(viii) providing comforts and facilities, such as shelter, shade, parking
accommodation and water for the persons, draught cattle, vehicles and pack
animals coming or being brought to the market or on construction and repair of
2[link roads] approach roads, culverts, bridges and other such
purposes;
(ix) expenses incurred in the maintenance of the offices and in auditing the
accounts of the Committees ;
3[(x)
propaganda in favour of agricultural improvements and thrift];
4[(xi)
production and betterment of agricultural produce];
1. Substituted vide Punjab Act No. 28 of 1993.
2. Inserted vide Punjab Act No. 3 of 1983.
3. Operation of this clause has been restricted by Supreme Court vide its
judgment dated 4.5.1979 (K.K. Puri versus State of Punjab) [A.I.R. 1980 (S.C)
1008.]
4. Ibid.
(xii) meeting any legal expenses incurred by the Committee;
(xiii) imparting education in marketing
1[or agriculture];
(xiv) payments of travelling and other allowances to the members and employees
of the Committee, as prescribed; (xv) loans and advances to the employees;
(xvi) expenses of and incidental to elections; and
*(xvii) with the previous sanction of the Board, any other purpose which is
calculated to promote the general interest of the committee or the notified
market area
2[or with the previous sanction of the State Government, any
purpose calculated to promote the national or public interest.
**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
be a member of an employee, whichever expires first.
(2) Every person shall be liable for the loss, waste or misapplication of any
money or other property belonging to the Board, if such loss, waste or
misapplication is proved to the satisfaction of the State Government to be the
direct consequence of his neglect or misconduct in the performance of duties as
a member or an employee of the Board, 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 State
1. The portion shown in the brackets has been restricted by the Supreme
Court vide judgment dated 4.5.1979 (KK Puri versus State of Punjab) [A.I.R. 1980
(SC) 1008].
* Regarding clause (xvii), the first part of this clause has been considered
vague by the Supreme Court vide its Judgment dated 4.5.1979.
2. The powers of the Board under clause (xvii) have been delegated to Secretary
Board for expenditure up to 2 lacs per anum per committee and Chairman Board for
expenditure up to 3 lacs per annum per committee.
**State Government vide Memo No. 11 (37) –M-85/24/84 dated 19.2.85 has delegated
the powers under section 29 the Chairman, Board up to 25,000/- for surcharging a
person for a loss caused to the Committee.
Government, 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 be a member or an employee, whichever expires first.
(3) The person against whom an order under sub-section (1) or sub-section (2) is
made may, within one month of the service of such order, appeal to the State
Government which shall have the power of confirming, modifying or disallowing
the surcharge.
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, recognize any trade allowance not so permitted:
Provided that all market charges shall be paid by the buyers.
31. Bar of suit in absence of notice
(1) No suit shall be instituted against the Board or a committee 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 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 accrual of cause of action.
32. Power to borrow
(1) A committee may, with the previous sanction of the
1[ ] Board, raise the money, required for carrying on the purposes
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
1. Omitted vide Punjab Act No. 40 of 1963.
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
1[ ] Board, obtain loans from other committees on such conditions
and subject to such rules as may be prescribed.
2[32-A.Power
to borrow by the Board
The Board may, with the previous sanction of the State Government, 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].
33. Power to call information, inspect, enforce attendance and to suspend actions, etc. of
committees
(1) When the affairs of a Committee are investigated or the proceedings of such
committee are examined by the
3[Chairman or Secretary of the Board] or any other officer to whom
the powers have been delegated under the 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 proceeding of the Committee as
the 4[Chairman
or Secretary of the Board] or such officer may require.
(2) The
5[Chairman or Secretary of the Board] or any officer authorized 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 to 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 reasons
for not desisting from doing it or for not doing such a thing.
(3) An officer investigating the affairs of a committee or examining the
proceedings of such committee under sub-section (1) shall have the power to
summon and enforced the attendance of officers or members of the Committee and
to compel them to give evidence and to produce documents by the same means and
as far as possible in the same manner as is provided in the case of a Civil
Court under the Code of Civil Procedure, 1908.
1. Omitted vide Punjab Act No. 40 of 1963.
2. Inserted vide Notification No. 24- Leg. / 98 dated 23.7.1998.
3. Substituted vide Punjab Act No. 40 of 1963 .
4. Substituted vide ibid.
5. Substituted vide ibid.
*(4)(i) The
1[ ] Board may, by order in writing, annul any proceedings of a
Committee or sub-committee or joint committee or ad hoc committee which it
considers not to be in conformity with law or with the rules or bye-law made
there under and may do all things necessary to secure such conformity, or may
suspend any resolution which it considers likely to cause injury or annoyance to
the public or is likely to affect adversely the interest of the committee or of
producers or dealers or any class of functionaries working in the notified
market area concerned.
(ii) The
2[ ] Board may, by order in writing, suspend the execution of any
resolution or order of a committee or sub-committee, or joint committee or ad
hoc committee, or prohibit the doing of any act which is being done or is about
to be done in pursuance of or under cover of this Act or any rule or bye-law
made there under, if in its opinion, the resolution, order or act is in excess
of the powers conferred by law, or is likely to cause injury or annoyance to the
public or is likely to affect adversely the interest of the Committee or of
producers or of dealers or of any class of functionaries working in the notified
market area concerned.
(iii) When the
3[ ] Board makes an order under this sub-section, he shall
forthwith forward a copy thereof, with a statement of reasons for making it and
the explanation, if any, of the committee concerned, to the State Government who
may thereupon rescind the order or direct that it shall continue in force with
or without modification, permanently or for such period as it thinks fit.
(5) The
4[* *] Secretary of the Board shall also have the power to suspend
or cancel the licences of market functionaries issued under section 13.
(6) (i) If any officer or member of committee when required to furnish
information in regard to the affairs or proceedings of a Committee under
sub-section (1),
(a) willfully neglects or refuses to furnish any information;
(b) willfully furnishes a false information;
(i) he shall, on conviction, be punishable with fine not exceeding five hundred
rupees, or with imprisonment for a term which may extend to six months, or with
both.
(ii) If any officer, member, or a servant of a committee authorize neglects or
refuses to do any act or willfully or without any reasonable excuse disobeys a
lawful written order issued under the provisions of this Act or fails to furnish
information or
*The powers of the ‘Board’ under section 33(4) (i), (ii) & (iii) were delegated to the
Chairman Board vide Memo No.11/11/93-M¬-1/1830 dated 28.2.1994 and subsequently
delegated to Secretary Board Vide Memo No. 11/13/2002-M-1/4021 dated 5.7.2002.
1. Omitted vide Punjab Act No. 40 of 1963.
2Ibid
3Ibid.
4Ibid.
return lawfully required from him, he shall, on conviction, be punishable with
fine not exceeding five hundred rupees, or with imprisonment for a term which
may extend to one month, or with both.
1[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
fee 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 open 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
purchased any agricultural produce in contravention of any provision of this Act
or the rules or bye-law in force in any notified market area, he may, for
reasons to be recorded in writing, seize such accounts, registers or documents
of such person as may be necessary, and shall grant a receipt for the same and
shall retain the same only so long as may be necessary for examination thereof
or the prosecution of the person concerned but not in any case exceeding the
period of fifteen days.
(4) For the purpose of sub-section (2) or sub-section (3), such officer may
enter and search any place of business, warehouse office, establishment, godown
or vehicle where he has reason to believe that such person keeps, or is for the
time being keeping, any accounts, registers, documents or stock of agricultural
produce relating to his business.
(5) The provisions of section 100 of the Code of Criminal Procedure 1973, shall,
so far as may be, apply to a search under sub-section (4).
(6) Where any books of account or other documents are seized from any place and
there are entries therein making reference to quantity, quotation, rates,
receipt or payment of money or sale or purchase of goods, such books of account
or other documents shall be admitted in evidence without witness having to
appear to prove the same; and such entries shall be prima facie evidence of the
matters, transactions and accounts purported to be therein recorded].
1. Inserted vide Punjab Act No. 13 of 1979.
* The powers of the board under section 33 A (1) vide o/o No.307 of 1982 dated
24-5-1982 have been delegated to Secretary, Punjab State Agricultural Marketing
Board, Agricultural Marketing Development Officer, Budget Officer, Marketing
Development Budget Officer and Assistant Statistician, Divisional Marketing
Enforcement Officer, Marketing Enforcement Officer and Secretaries of all the
Market Committees.
*1[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 authorized by the Secretary, the driver or any other person
in-charge 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.]
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.
35. Supersession of committees
(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 publications 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 the Board and the Board shall be
liable for all the legal liabilities of the committee subsisting at the date of
its supersession up to the limit of the said assets;
1. Inserted vide Punjab Act No.13 of 1979.
• The powers of the board under section 33 B vide o/o No.76 of 1982 dated 9-2-82
have been delegated to Agricultural Marketing Development Officer, Project
Officer, Marketing Development Budget Officer, Assistant Statistician,
Divisional Marketing Enforcement Officer in the state with in their
jurisdiction, Secretaries, Market Committees in the state within their
jurisdiction.
c) The State Government may, in its discretion, by order constitute either a new
committee as provided under section 12 or such other authority for the carrying
out of the functions of the committee
1[ and of its Chairman and other members] as the State Government
may deem fit.
(3) (a) When the State Government has made an order under clause (c) of
sub-section (2), the assets and liabilities defined in clause (b) of sub-section
(2) vesting in the Board at the date of such order shall be deemed to have been
transferred on the date of such order to the new committee or authority
constituted as aforesaid.
(b) (i) Where the State Government by order under clause (c) of sub-section (2)
has appointed an authority other than a new committee for the carrying out of
the functions of the superseded committee, the State Government may, by
notification, determine the period not exceeding one year for which such
authority, shall act:
Provided that the term of office of such authority may be terminated
earlier, if the State Government for any reason consider it necessary.
(ii) At the expiry of the term of office of such authority a new committee shall
be constituted;
(iii) Upon such an order being made the assets and liabilities vesting in the
authority there by superseded, shall be deemed to have been transferred by such
order to the new committee.
(4) Whenever the assets of a Committee vest in the Board and no new Committee or
authority is appointed in its place the Board shall employ the balance of the
assets remaining after the discharge of the subsisting legal liabilities of the
Committee for any object of public utility in the area specified in the
notification issued under section 6.
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.
1. Added vide Punjab Act No. 13 of 1979.
37. Penalties
(1) 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-section (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 provisions of section 30, shall, on conviction, be
punishable with fine which shall not be less than fifty rupees but may extend to
two hundred rupees.
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 or omit any item of such produce
specified therein.
39. Trial of offences
(1) No offence made punishable by this Act or any rule or bye-law made there
under shall be tried by a court inferior to that of a magistrate of the first
class.
*(2) Prosecution under this Act may be instituted by any person duly authorized
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.
40. Appeal
Any person objecting to an order passed by a committee under section 13 or by
the 1[***]
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.
* Powers of the Board under section 39(2) have been delegated to the Secretary Board
vide Govt. memo No. 18 (50)•M•I-87/1048 dated 8-12-1987.
1. Omitted by Punjab Act 40 of 1963.
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.
1[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 Board
shall give effect to all such directions].
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 there under.
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 —
2[(i) the
appointment or nomination of members of the Board and Committees and their
removal];
3[(ia) the
definition of 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 election petition and
other conditions on which such a petition may be presented];
1. Added vide Punjab Act No. 22 of 1978.
2. Substituted vide Punjab Act No.5 of 1996.
3. Inserted vide Punjab Act No. 34 of 1976.
(ii) the powers to be exercised and the duties to be performed by the Board or
committees and their officers and servants;
(iii) the
1[appointment] of the Chairman and Vice-Chairman of Committees,
their powers and term of office;
(iv) the filling of casual vacancies in the office of members or in the office
of Chairman or Vice-Chairman of Committees;
(v) the time, place and manner in which a contract between buyer and seller is
to be entered into, continued and carried out and the money is to be paid to the
seller;
(vi) generally for the guidance of the Board or Committee;
(vii) management of the Market, maximum fees which may be levied by a Committee
in respect of the agricultural produce bought or
2[sold by licensees or sold by producer] in the notified market
area, and the manner and the basis thereof, and the recovery and disposal of
such fees;
(viii) the issue by a Committee of licences to brokers, weigh men, measurers,
surveyors, godown keepers or other functionaries, the form in which, and the
conditions under which, such licences shall be issued or renewed and the fees,
if any, to be charged thereof;
(ix) the issue by the
3[Secretary of the Board] of licences to dealers, the form in
which, and the conditions under which, such licences shall be issued or renewed
and the fees, if any, to be charged thereof;
(x) the place or places at which agricultural produce shall be weighed, the kind
and description of bardana to be used and the quantity of the produce to be
filled and of the scales, not being hand scales (Takri), weights and measures
which alone may be used in transactions in agricultural produce in notified
market area;
(xi) the inspection, verification, regulation, correction and confiscation of
scales, weights and measures in use in a notified market area ;
(xii) the trade allowance which may be made or received by any person in any
transaction in an agricultural produce in a notified market area;
(xiii) the provision of facilities for the settlement by arbitration or
otherwise of any dispute between a buyer and a seller of agricultural produce or
their agents, including disputes regarding the quality or weight of the article,
the price or rate to be paid, allowances for wrappings, dirt or impurities or
deductions for any cause;
(xiv) the prohibition of brokers from acting in the same transaction on behalf
of both the buyer and the seller of agricultural produce;
1. Substituted vide Punjab Act No.5 of 1996.
2. Inserted vide Punjab Act No.3 of 1983.
3. Substituted for the word “Chairman of the Board” vide Punjab Act 40 of 1963.
(xv) the provision of accommodation for storing any agricultural produce brought
into the market;
(xvi) the preparation of plans and estimates for work proposed to be constructed
partly or wholly at the expense of the Board or a Committee, and the grant of
sanction to such plans and estimates;
(xvii) the form in which the accounts of a Committee shall be kept, the audit
and publication of such accounts, the charges, if any, to be made for such
audit;
(xviii) the management and regulation of provident funds which may be
established for the benefit of the employees of the Board or Committees;
(xix) the preparation and submission for sanction of an annual budget and the
reports and returns to be furnished by the Board or Committees;
(xx) the investment and disposal of the surplus funds of the Board or
Committees;
(xxi) the manner in which auctions of agricultural produce shall be conducted
and bids made and accepted in any market;
(xxii) any matter in respect of which fees shall be payable under this Act, and
fixing the amount of such fees and the mode of payment and recovery thereof;
(xxiii) exemption of classes of person from the obligation of obtaining licences
under section 6;
(xxiv) the authority to which application for obtaining licences shall be made;
(xxv) The authorized or disposal of fees recoverable there under or under any
rules or bye-laws made under this Act;
(xxvi) The authorize and other allowances that may be
1[paid to the
[See Amendment] Chairman, members
and employees of the Board],
2[ ... ] and Committees;
(xxvii) the settlement of any question as to whether any person is a producer or
not;
3[(xxvii-a) operation of Marketing Development Fund.];
(xxviii) service rules, recruitment rules, provident fund rules, pension rules
and such other rules as may be required for the employment of the staff of the
Board and committees;
(xxix) the penalties to be imposed upon the employees of the Board and
Committees including the manner of imposing such penalties and the right of
appeal against such penalties;
(xxx) nature and status of the servants of the Board and Committees;
[See Amendment]
1. Substituted vide Punjab Act 40 of 1963.
2. The words “Advisory committee” have been omitted vide Punjab- Act No. 13 of
1979.
3. Inserted vide Punjab Act No. 13 of 1979.
(xxxi) Imposing on persons holding licences under this Act, the duty of making
returns to Committee at regular Intervals of transactions of sale, purchase,
storage and processing affected by them or at their places of business and of
producing accounts for inspection and furnishing information, when called upon
by an authority duly empowered, and prescribing the form and mode of
verification of, and the particulars to be entered in, such returns as well as
the nature of such information;
(xxxii) the regulation of advances, if any, given to producers by brokers or
dealers;
(xxxiii) the prevention of adulteration of the agricultural produce;
(xxxiv) the grading and standardization of the agricultural produce;
(3) The rules made under this section may provide that any contravention thereof
or any of the conditions of any licence issued or renewed there under shall be
punishable with fine which may extend to five hundred rupees.
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 condition 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 power or duties, to the sub-committee or joint committee
or adhoc committee or anyone 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 a fine which may extend to fifty rupees;
(2) where a Committee fails to make bye-laws under this section within six
months from the date of its establishment or the date, on which this Act comes
into force, whichever is later, the Board, may make such bye-laws as it may
think fit and the bye-laws so made shall remain in operation in the Committee.
*(3)(a) Notwithstanding anything contained in this Act or the rules or bye-laws
made there under, if the
1[***] Board considers that an amendment, alteration, rescission
or adoption of a new bye-law is necessary or desirable in the interests of such
*The powers of the Board under section 44(3) (a) and (b) have been deleted to Secretary
Board vide Govt. Memo No. 18(50) M-I–87/1048 dated 08-12-87.
1. Omitted vide Punjab Act 40 of 1963.
Committee, he may, by an order in writing to be served on the Committee by
registered post, require the Committee, to make such amendment, alteration,
rescission or adopt a new bye-law within such time as may be specified in such
order.
(b) If the Committee fails to make any such amendment, alteration or rescission
or to adopt the new bye-law within the time specified by the
1[***] Board in his order under clause (a), the
2[***] Board may, after giving the committee an opportunity of
being heard, register such amendment, alteration, rescission or such new
bye¬-laws, and issue certified copy thereof to such Committee.
(c) The committee may, within one month from the date of issue of an order under
clause (b), appeal against such order to the State Government.
(d) Where an appeal is presented within one month from the date of the issue of
an order under clause (b) registering an amendment, such amendment shall not
come into force till the order is confirmed by the State Government.
(e) A certified copy of the amendment of the bye-laws registered by
3[***] Board under clause (b) shall, subject to the result of an
appeal, if any, under clause (c) be conclusive evidence that the same has
register such amendment, alteration, rescission or such new bye-laws, and issue
certified copy thereof to such committee been duly registered and such
amendment, alteration, rescission or a new bye-law shall be deemed to have been
made by the committee.
*(4) No bye-law or rescission of a bye-law or its alteration or amendment shall
take effect until it has been confirmed by the
4[***] Board and notified in the official gazette.
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.
1. Omitted vide Punjab Act 40 of 1963.
2. Omitted vide ibid.
3. Omitted vide ibid.
4. Omitted vide ibid .
* The powers of the Board under section 44(4) have been delegated to Secretary,
Board vide Govt. Memo No. 18(50)M-I-87/ 1048 dated 8-12-87.
46. Power to compound offences
(1) With the previous approval of the Chairman of the Board, a Committee or with
the authorization by a resolution of a Committee, its Chairman, may accept from
any person against whom a reasonable suspicious exists that he has committed an
offence under this Act or any rule or bye-law made there under, 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.
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 so repealed or anything duly done or
suffered there under; 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 been passed :
Provided further that anything done or any action taken under the Acts so
repealed shall be deemed to have been done or taken under this Act, and shall
continue to be in force accordingly, unless and until superseded by anything
done or any action taken under this Act:
Provided further that the State Marketing Board constituted under the Patiala
Agricultural Produce Markets Act, 2004 B.K. and functioning immediately before
the commencement of this Act shall, till a Board is established and constituted
under section 3, be deemed to be the State Agricultural Marketing Board for the
purposes of this Act and all employees in the service of the State Marketing
Board immediately before such commencement shall be deemed to be the employees
of the State Agricultural Marketing Board and their emoluments and other
conditions of service shall not be varied to their disadvantage :
Provided further that the Market Committee functioning immediately before the
commencement of this Act shall be deemed to be constituted for the first time
under sub-section (4) of section 12 and their members including the Chairman and
Vice-Chairman shall hold office until new committees set up under this Act are
notified 1[ ••••••• ] . |
