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 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 condition and subject to such rules as may be prescribed.
33. Power to call information, inspect, enforce attendance and to suspend action, etc. of Committees (1) - When the affairs of the Committees are investigated or the proceedings of such Committee are examined by the 2[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 finish such information in their possession in regard to the affairs or proceeding of the Committee as the 3 [Chairman or secretary of the Board] or such officers may require.
(2) The 4[Chairman or secretary of the Board] or any officers authorised by him general or special order shall have power to inspect or cases to be inspected the accounts of a Committee or to institute and enquiry into the affairs of the committee and to require the Committee to do a thing or to desist from doing a think which he considered necessary in the interest of the Committee and to may a written replay to him within a responsible time standing 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 enforce 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 Court of Civil procedure, 1908 .
(4) (i) The 5 [ ] Board may, by order in writing, annual 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-laws made. Thereunder and may do all things necessary 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 1[ ] 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 thereunder , 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 2[ ] Board makes and order under the 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 3[ * * * ]Secretary of the Board shall also have the power to suspend or the 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 willfully 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 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 agriculture 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-laws 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 returned the same only so long as may 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 provision 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 to 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[33-B.Power to stop vehicles - At any time when so required by the Secretary of the Board or any other officer of the Board so authorised by the secretary, the driver or any other person incharge of any vehicle or other conveyance which is taken or proposed to be taken out the notified market area shall stop the vehicle or other conveyance , as the case may be , keep it stationery as long as may reasonable 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 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 purpose 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 accounts of the acquisition, the land shall vest in the Board or Committee.
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 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 this Committee for showing cause against the proposed superssion and shall consider the explanation and objections, if any, of the Committee.
(2) Upon the publications of a notified 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 the date of its superssion up to the limit of the said assets;
(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 menders] 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 on 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 issue under section 6.
36. Emergency powers - If at nay 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 our exerciseable 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 too the objects of the notification.
37. Penalties (1)- Whoever contravenes the provision of section 6 or section 8 shall, on conviction, be punishable with simple imprisonment which may extend to one month or with fine which shall not be less than fifty rupees but may extend to five hundred rupees or with both, and in the case of a continuing contravention with a fine which in addition to such fine as aforesaid, may extend to thirty rupees for every day after the date of first conviction during which the contravention is continued.
(2) Whoever contravenes the provisions of sub-sections (2) and (4) of section 13, shall, on conviction, be punishable with fine which shall not be less than ten rupees but may extend to fifty rupees and, in the case of a continuing contravention, with a fine which, in addition to such fine as aforesaid may extend to two rupees for every day after the date of first conviction during which the contravention is continued .
(3) Whoever contravenes the provision 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, be 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) Prosecutions under this Act may be instituted by any person duly authorised by a resolution passed by the Board or a Committee in this behalf.
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.
41. Recovery of sums due to Stare 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.
2[41-A. Powers of State Government to issue direction 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 under this Act, if it considers it to be not in accordance with this Act, or the rules or bye-laws made thereunder.
43. Power to made rules (1) - The State Government may be notification make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for –
(i) the appointment or election and mode of election, as the case may be, of members of the Board,1[---] and committees and their removal;
2[“ (ia) the definition of practices al 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 allegation of corrupt practices;
(ic) prescribed the authority by which question 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.”]
(ii) the powers to be exercised and the duties to be performed by the board or committees and their officers and servants;
(iii) the election of the chairman and vice-chairman of committee, 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 3[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 issued by a committee of licences to brokers, weighmen , measures, surveyors, godown keepers or other functioneries , 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 issued by the 1[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 provisions 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 causes;
(xiv) the prohibition of brokers from acting in the same transaction on behalf of both the buyer and the seller of agricultural produce;
(xv) the provisions of accommodation for storing any agricultural produce brought into the market;
(xvi) the preparation of planes and estimates for work proposed to be constructed partly or wholly at the expenses of the board or a committee, and the grant of sanction to such planes 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 committee;
(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 bides 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 clauses 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 realisation of disposal of fees recoverable thereunder or under any rules or bye-laws made under this Act ;
(xxvi) the travelling and other allowance that may be 1[paid to the 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 committee;
(xxix) the penalties to be imposed upon the employees of the board and committees including the manner if imposing such penalties and the right of appeal against such penalties;
(xxx) nature and status of the servants of the
board and Committees.
(xxxi) imposing on persons licences under this Act, the duty of making returns to committee at regular intervals of transactions of sales, 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 on authority duly empowered, and prescribing the from 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 thereunder 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 conditions of trading;
(iii) the appointment and punishment of its employees.
(iv) The payment of salaries, gratuities and leave allowances to such employees.
(v) the delegation of power or duties, to the sub-Committee or joint Committee or adhoc Committee or any one or more of its members under section 19; and
(vi) the remuneration of different functionaries not specifically mentioned in this Act, working in the notified market area and rendering any service in connection with the sale, purchase, storage and processing of agricultural produce;
and may provide that contravention of any of such bye-laws shall be punishable, on conviction, with 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, any 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 by-laws made thereunder, if the 1[***] Board considers that and amendment , alteration ,rescission or adoption of a new bye-law is necessary or desirable in the interests of such 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 recession or to adopt the new bye-law within the time specified by the 2[***] Board in his order under clause (a), the 3[***] board may, after giving the committee an opportunity of being heard,
(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 claus (b) registering 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 4[***] 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 of such new bye-laws,
and issue certified copy there of such
committee. Been duly registered and such amendment, alternation decision or a
new bye-law shall be deemed to have been made
by the Committee.
(4) No bye-law or recession of a bye-law or
its alteration or amendment shall take effect until it has been confirmed by
the 5[***]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 of the property to be written off as lost, irrecoverable or remitted, as the case may be, provided that in case of committee, if any case the amount due or the value of such property is in excess of one hundred rupees, such order shall not take affect without the approval of the State Government
46.
Power to compound offences (1) - With the
previous approval of the Chairman of the Board , a Committee or with the
authorisation by a resolution of a Committee , its Chairman , may accept from
any person against whom a reasonable 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 by 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;
(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 Committee against any Act so repealed; or and any such investigation, legal proceeding or remedy may be instituted , continued or enforced, and such penalty,
forfeiture or punishment may be imposed, as if this Act had not been passed;
(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 Market 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 purposes 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 the 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-hairman shall hold office until new Committees set up under this Act are notified1[***].
1. Wheat (Kanak)
2. Barley (Jau)
2. Maize (Makki)
3. Great Millet (Jowar)
4. Siked Millet (Bajra)
5. Paddy and Rice (Dhan and Chawal)
6. Green and Kabli Gram (Chana Kala and Safaid))
7. Green Gram (Munga)
8. Black Gram (Mash)
9. Phaseolus aconitifolius (Moth)
10. Lentil (Massur)
11. Indian Cloza (Sarson)
12. Indian Rale (Toria)
13. Rochet (tara Mira)
14. Cotton Seed (Banaula)
15. Ground-nut (Shelled and unshelled (Muna Phalli)
16. Cotton (Ginned and unginned) (Kapas and Rui)
17. Gluster Bean (Guara)
18. Dry and Green Dooder (Suka and Subaz Chara)
19. Potato (Alu)
20. Sweet Potato (Shakarkandi)
21. Onion Dry (Piaz Khushak)
22. Arum (Arvi)
23. Cauli Flower (Phull Gobi)
24. Cabbage (Band Gobi)
25. Carot (Gajjar)
26. Radish (Muli)
27. Turnip (Shalgam)
28. Tomato (Tamatar)
29. Brinjal (Baingan
30. Lady Finger (Bhindi)
31. Peas Green (Matar Hara)
32. Garlic Dry (Lashan Khushak)
33. Orange (Malta)
34. Chillies (Dry and Green) Mirach
35. Gur
36. Shakkar
37. Khandsari
38. Dry Peas (Mattar Khushak)
39. Water Melon (Tarbuz)
40. Wool (Oon)
41. Bottle Gourd (Lauki)
42. Pampkin rond (Ghia Kadu)
43. Squash or Red gourd (Halwa Kadu)
44. Bitter Gourd (Karela)
45. Cow peas (Lobia)
46. French Beans, Ramaha and soa Beans
47. Long Melon (Tarr)
48. Elephant Foot (Zimikand)
49. Cucumber (Khira)
50. Chappan Kadu
51. Turmeric (Halid)
52. Musk Melon (Kharbooza)
53. Manot (Aam)
54. Mandarin (Sangtra)
55. Lime (Nimboo)
56. Lemon (galgal and Khata)
57. Apple (Saib)
58. Guava (Amrud)
59. Pear (Nashpati
60. Aar
61. Sweet Lime (Mitha)
62. Apricot (Khurmani)
63. Plum (Alu Bukhara and Alucha)
64. Peach (Aru)
65. Litchi
66. Sapota (Chikoo)
67. Loquat
68. Castaud Apple (Sharifa)
69. Sag (Palak and Saron)
70. Ginger (Adrak)
71. Heena (Mehndi)
72. Goat Hair
73. Camel Hair
74. Sesamum (Til)
75. Baanana (Kela)
76. Knnow
77. Sweet Orange (Mousmbi)
78. Amla
79. Grampes (Angoor)
80. Papaya (Papita)
81. Musk Melon (Khakri)
82. Ber
83. Jaman
84. Spong Gourd (Ghia tori)
85. Rat-Til Radish (Moongre
86. Fenu Green (Mathi)
87. Colocasia (Kachalu)
88. Bhean
89. Beet-Root
90. Onion Green
91. Coriander Green (Hara Dhania)
92. Gram Rawa (Chholia)
93. Mint (Podina)
94. Sweet Peper (Simla Mirch)
95. Pigenopea (Arhar)
96. Linseed (Alsi)
97. Maize Cob (Makki di Chhali)
98. Egyptian clover (Barseem)
99. Indian clover (Serji)
100. Indian Mustard (Raya)
101. Cress/Gardencress (Hallon
102. Oats (Javi)
103. Sunflower Seed