Punjab Market Committees Bye-laws

Punjab Market Committees Bye-laws

Published vide Notification Punjab Government Gazette (Extra.) dated 9.8.1963.

hl021

1. Short title.- The Bye-laws may be called the Punjab Market Committee Bye- laws.
2. Commencement.- These shall come into force at once.
3. Definitions.- In these Bye-laws, unless there is anything repugnant in the subject or context :-

(1) "Act" means the Punjab Agricultural Produce Markets Act, 1961.

(2) "Rules" means the Punjab Agricultural Produce Markets (General) Rules, 1962.

(3) "Committee" means the Market Committee established and constituted under sections 11 and 12 of the Act.

(4) "Chairman" means the Chairman of the Market Committee.

(5) "Weighing" shall mean and include putting the filled bag or container on the scale, adjustment of weight and putting it down from the scale.

(6) "Unit" means the standard filling in a bag or a container as fixed by the Board for various items of agricultural produce under rule 25(1).

(7) The words and expressions defined in the Act and Rules shall have the same meaning in these Bye-laws as have been assigned to these in the Act and Rules.

4. Time and Place of meeting.- A meeting of the Committee shall ordinarily be held in the office of the Committee at least once in three months at a time and date and place fixed by the Chairman. The Chairman may on his own discretion and shall on requisition in writing of not less than half the existing strength of the Committee, call an emergent meeting.
5. Manner of convening a meeting and of giving notice thereof.- (1) Notice of every meeting with agenda shall be issued by the Chairman or under instruction of the Chairman, by Secretary of the Committee, at least seven days before the date of the meeting. Every such notice shall state the place, the date and the hour of such meeting. Every item on agenda shall be in form of a regular proposal complete in itself. Papers relating to any subject included in the agenda of any meeting shall be open for inspection to every member at the office of the Committee during the usual office hours. Emergent meeting under bye-law 4 may be convened at a shorter notice, not less than 24 hours.

(2) If the Chairman or the Vice- Chairman fails to convene a meeting requisitioned by the members of the Market Committee under Bylaw 4 within two days of the receipt of the requisition, the Secretary shall immediately report the matter to the Chairman of the Board.

(3) Requisition of members under bye-law 4 shall be received in the office of the Committee in the same way as other papers or letters are received on behalf of the Committee and shall be duly entered in the register of 'letters received' maintained by the Committee.

6. Conduct of proceedings and presidency of a meeting.- (1) Any member wishing to bring any proposition before the Committee shall give a written intimation to the Chairman of his intention of doing so, with a draft of the proposition so as reach the Chairman at least ten days before the date of meeting and every such proposition shall be included in the agenda of the meeting.

(2) Any matter which is not included in the agenda shall not be brought forward for discussion at any meeting except with the permission of the Chairman of the meeting or by the vote of the majority of the members present.

(3) Every proposition, other than the one brought officially by the Chairman, and every amendment shall be proposed by one member and seconded by another, and until so proposed and seconded and reduced to writing under the direction of the Chairman of the meeting, no proposition or amendment shall be discussed.

(4) Amendments to any proposition before the Committee be moved after the original proposition has been duly moved, seconded and recorded.

(5) Every proposition and amendment so moved shall be recorded in the minutes with the names of the proposers and seconders.

(6) When a proposition or an amendment has been proposed, seconded and recorded, the members present shall be entitled to discuss the same.

(7) The Chairman of the meeting may allot time to different members desirous of speaking on any proposition or any amendment.

(8) When an amendment has been brought to any proposition, the amendment be put to vote first and if it is carried, it shall become a substantive proposition and shall be put to vote as such. If it is not carried, the original proposition shall be put to vote. When there are more amendments than one, they shall be put to vote in the order reverse to that in which they were proposed.

(9) Every meeting of the Committee shall be presided over by its Chairman or in his absence by its Vice-Chairman, but if both are absent the members present shall elect one of the members present to act as Chairman for the occasion and such Chairman shall have, for that meeting, all the powers of the Chairman and be designated as such:

Provided that if the Chairman or the Vice-Chairman returns during the meeting, he shall resume his powers as Chairman from the temporary Chairman.

(10) The Chairman shall be responsible for preserving order in the meeting and shall decide all points of order that may be raised therein. There shall be no discussion at the points of order unless the Chairman considers it necessary to seek the opinion or advice of any member present and the Chairman's decision shall be final.

(11) Any member may call attention of the Chairman to a point of order even when a member is speaking. On a point of order being raised, the member addressing the meeting shall resume his seat until the question has been decided by the Chairman.

(12) If any one or more members present at a meeting refuse to obey the ruling of the Chairman of the meeting on any matter, he may adjourn the meeting at once and when he has declared the meeting adjourned, the subsequent proceeding of the meeting, if any, shall be void and shall not appear in the minutes. In all such cases the Chairman shall record in his own handwriting in the Minute Book the reasons for such adjournment unless he is prevented by sufficient cause from doing so.

(13) After calling the attention of the meeting to the conduct of a member who persists in speaking or in arguing upon a matter, which in the opinion of the Chairman is irrelevant, or is repeating his own arguments or the arguments used by the other members or is exceeding the time allotted to him, the Chairman may direct the member concerned to discontinue his speech.

(14) The Chairman of the meeting may direct any member, whose conduct, in his opinion, is disorderly, to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall, unless recalled by the Chairman, absent himself during that meeting. The Chairman may cause to be summarily removed from the meeting any member who disobeys any order made under this bye-law.

(15) When a proposition or an amendment has been declared by the Chairman as duly carried, no further proposal for amending it shall be entertained at that meeting.

(16) The Chairman may, for sufficient reason, adjourn any meeting from time to time but no business other than that left over from the previous meeting shall be transacted at the adjourned meeting unless a separate notice and a separate agenda has been issued in accordance with bye-law 5.

(17) The Chairman may for reasons to be recorded in the Minute Book postpone or cancel any meeting called under these bye-laws.

7. Quorum at meetings.- (1) Quorum for a meeting, not otherwise provided, shall be 2/5th of the existing strength of the Committee.

(2) Quorum of a meeting at which the annual budget of the Committee is to be considered shall not be less than 2/3rd of the existing strength of the Committee.

(3) If quorum at a meeting of the Committee is not complete within half-an- hour of the scheduled time of the meeting, or if it falls short while the meeting is continuing it shall be deem to have been adjourned.

(4) If a meeting called in accordance with these bye-laws cannot be held for want of quorum, no quorum shall be necessary in the next meeting called for transacting the same business.

(5) If any member fails to attend three consecutive meetings without reasons that are beyond his control, the Chairman shall forthwith report the matter to the Board.

8. Manner of voting.- (1) Except otherwise provided in the Act, the Rules, or these Bye-laws, all questions that may come up before a meeting of the Committee shall be decided by majority of votes of the members present and voting and in case of equality of votes, the Chairman of the meeting shall have and may exercise a second or casting vote.

(2) Voting shall be done by show of hands. Voting by proxy shall not be permissible and any member may decline to vote on any subject without assigning any reasons therefor:

Provided that if any three members request in writing, the votes may be secured by ballot in cases of appointment of sub-committee, joint committee, ad-hoc committee or delegation or withdrawal of powers under section 9.

9. Minutes of meeting.- (1) Proceedings of the meeting of the Committee shall be recorded in regional language by the Secretary of the Committee under the instructions and the supervision of the Chairman of the meeting and shall be signed by the Chairman.

(2) Recorded proceedings of the meeting shall be read out in the next meeting of the Committee as the first item on the agenda and the members who were present in the former meeting shall have the right to questioning the correctness of the recorded minutes, which shall be corrected with such modifications as may be decided upon to bring those in conformity with the facts. In case of any dispute about the correctness of the minutes, the opinion of the Chairman under whose signatures the record was made, if he be present, shall be final. If, however, the said Chairman be not present when the dispute arises, the matter shall be decided in accordance with the majority of the votes of the members who had attended the former meeting and are present.

(3) Proceedings of each meeting shall be recorded in the Minute Book kept by the Committee for the purpose in Form 'A' annexed to these bye-laws and shall be placed on the table of the Committee for reference by the members thereof and shall at all reasonable times and without any charge be open to their inspection. The Secretary of the Committee shall keep the Minute Book in his custody.

(4) A resume of every discussion with the number of votes for and against each motion and amendment shall be recorded by the Secretary under the instructions of the Chairman of the meeting. A complete and accurate record shall be kept in the Minute Book to indicate whether a member did not cast vote or voted for or against a proposition or an amendment.

If a resolution is based on a certain report, letter or document, substance of such report, letter or document shall be incorporated in the Minute Book.

10. General.- (1) Any member of the Committee may ask for any information regarding anything done or purporting to be done by the Committee or regarding the affairs of the Committee by written notice and shall be supplied with such information by the Chairman of the meeting. The requisition for such information shall reach at least 4 days before the meeting in the office of the Committee :

Provided that the Chairman may refuse to supply any information divulgence of which, in the opinion of the Chairman, be against the interest of the Committee.

(2) Except with the recorded consent of not less than half of the total members of the Committee no subject once finally disposed of shall be reconsidered within three months.

(3) A copy of resolution of no confidence passed by the Committee under section 16(2) shall be sent to the Chairman of the Board per Registered Acknowledgement Due post on the date of the resolution or the following day by the Secretary of the Committee for confirmation.

(4) Every member, before entering the place where a meeting of the Committee is to take place or is being held, shall mark his presence in the register kept by the Committee for this purpose.

(5) Immediately after the confirmation of the recorded minutes of the last meeting, the Chairman shall present note regarding the action taken on the decision taken in the last meeting and reasons for not taking action on any previous decision of the Committee.

(6) Immediately after the presentation of the note under clause (5) the Chairman shall give information requisitioned under clause (1) above.

11. Conditions for the use of market.- (1) Where Kacha Arhtiya is authorised to conduct auction himself, he shall be responsible to keep and maintain register in the same manner as are to be kept by the auctioneer.

(2) The least difference between two bids offered for a lot of agricultural produce, in case of cotton, chillies, oil seeds and wool shall not be less than twenty naya paisa while in other cases not less than ten nayaee paise.

(3) Rates offered in auction shall be on basis of one quintal and at decimal coinage.

(4) When once the price of a lot of the agricultural produce has been settled by open auction, in favour of a person, the lot shall be delivered to such person and papers executed in its favour. No buyer shall be allowed to associate any other person in such a transaction before he has taken delivery and has made the payment in respect of such a transaction.

(5) The buyer shall take delivery of entire lot of an agricultural produce auctioned to him including the portion of agricultural produce left over after the weighment of the lot into standard unit of filling.

(6) If any agricultural produce is being traded without a licence in a notified market area, Secretary of the Committee may seize such produce for the purposes of confiscation by the Market Committee. Decision regarding confiscation in such matters shall be promptly made by the Market Committee.

12. Weighment of agricultural produce.- (1) Fees for weighment on a weighbridge installed by the Committee for weighment of agricultural produce shall not exceed the following :-

(i) 30 naya paise per cart.

(ii) 35 naya paisa per trolley (Tractor)

(iii) 50 Naya paisa per Truck

Provided that no fee shall be chargeable if the weighment is made for the purpose of test weighment of agricultural produce.

(2) For every weighment at the weighbridge under clause (1), a certificate under rule 27 (3) shall be issued free of cost in Form 'B' annexed to these bye-laws.

(3) Weights, measures and weighing instruments shall be provided by the Kacha Arhtia for weighment of every agricultural produce which is sold through him.

(4) Weighment of a lot of agricultural produce shall be carried out at the place of display of lot. No produce shall be removed or caused to be removed or required to be removed from the place of display to any other place for weighment.

13. Test weighment of agricultural produce.- Result of test weightment under rule 25(5) when done by the secretary, market committee or an employee of the Board or under rule 25(6) shall be recorded in Form 'C' annexed to these Bye- laws.
14. Duties of weighmen, measurers and surveyors.- (1) A licensed weighman, or measurer or surveyor shall correctly weigh or measure or assess the quality, as the case may be, of the agricultural produce brought to him for weighment, or measurement or survey.

(2) Every licensed weighman, measurer or surveyor shall deposit a sum of Re. 1 with the Committee to cover the cost of badge to be issued to him. The badge shall not be transferable. The deposit shall be returned to him when the badge is returned to the Committee in good condition and the Secretary of the Committee shall be the sole and final authority whether the badge is in good condition or not. The badge shall be returned to the Committee within three days of the suspension or cancellation of a licence and if the badge is not returned the security shall be deemed to have been forfeited in addition to such other punishment as may be awarded for non- compliance of this clause. It a badge is lost, a duplicate badge shall be issued on application and on payment of Re.1 to the Committee.

(3) Such badge shall be serially numbered, with name of the Committee inscribed on it. No weighman, measurer or surveyor shall act as such within the notified market area unless he is actually wearing the badge.

(4) No person shall wear or attempt to wear or use a forefeited badge.

15. Books to be kept by broker and weighman.- Every broker shall keep a book in form to be prescribed by the market committee in which he shall record his daily work.
16. Market hours.- (1) Subject to the provisions of any law for the time being in force in regard to the opening and closing of shops and commercial establishments, the auction and weighment of agricultural produce in the market yard shall be held during the hours to be specified by the Committee.

(2) Such timings shall be exhibited at conspicuous places.

(3) The buyer desirous of purchasing agricultural produce shall personally or through an approved and bona fide representative attend the auction within one hour of the time of the start of action fixed under sub-clause (1). In case of his inability to attend the auction in time, he shall intimate his inability to the office of the Market Committee before auction commences.

17. Trade assistants.- (1) Name of employees, taken in service by a licensed dealer or godown keeper to assist him in the sale, purchase, storage, or processing or for any other act incidental to such matters shall be notified to the Committee giving the name, parentage and present address of such employees immediately after one has been appointed or removed for service.

(2) The Committee shall keep a register of trade assistants in which information received under sub-clause (1) above shall be written.

18. Control and regulation of admission to the market.- (1) Consignments of agricultural produce shall be unloaded for display and unloaded carts and pack animals shall be parked or tethered at such places in market yard as are determined by the Committee.

(2) The Committee may determine routes for ingress and egress of vehicles, carts or pack animals leading to or from the principal or sub-market yard.

(3) For the information of the persons visiting or using the market yard, orders under clause s (1) and (2) shall be exhibited outside the office of the Committee and at such other conspicuous places in the market as may be determined by the Chairman.

19. Sub-Committees, Joint-Committees and Ad-hoc Committees.- (1) A sub- committee or a joint committee or an ad-hoc committee appointed under section 19 of the Act may be for the full term of the Committee or a for shorter fixed period. The appointment or removal of members of such a Committee and delegation or withdrawal of powers and duties shall be by a resolution of the Committee in a regular meeting :

Provided that decision of a joint committee shall be valid only when the same has been ratified by the Committee.

(2) The Committee while setting up a sub-committee or a joint committee or an ad-hoc committee, shall fix the quorum for its meetings and shall appoint one of its members as its Chairman in each case, who shall be convener of its meetings and shall submit a record of all the work done by it in every meeting of the committee through the Chairman :

Provided that the Chairman of the Committee when appointed on a sub- committee, a joint committee or an ad-hoc committee shall, subject to the provisions of rule 13 be the ex-officio Chairman of such a sub-committee, a joint committee or an ad-hoc committee.

(3) Unless otherwise provided in these bye-laws the procedure for convening and conduct of meetings of the committee shall be applicable to the meeting of a sub-committee or a joint committee or an ad-hoc committee in so far as it is applicable.

(4) Subject to the provisions of rule 14(3), the Secretary to the Committee shall act as Secretary to a sub-committee, a joint committee or an ad-hoc committee.

20. Complaint register, institution of prosecutions.- (1) (i) The Committee shall keep a register in Form 'D' annexed to these bye-laws in which all offences punishable by or under the Act, the Rules or these Bye-laws detected by an officer or servant of the Committee or which may be reported to the Committee by any person shall be recorded under the signature of the reporting officer or the complainant, as the case may be.

(ii) All the cases recorded in such a register shall be enquired or cause to be enquired into by the Secretary and result noted in the appropriate column of the register by him.

(2) The report register shall be put up before the Committee in every ordinary meeting together with the reasons for instituting or not instituting prosecutions in respect of each case.

21. Complaints, notices, suits against or on behalf of the Committee- How to be dealt with. - (1) Unless otherwise provided for in the Act, the rules and these Bye-laws, all applications, notices, summons, warrants, appeals, letters, complaints and any other documents or papers addressed to the Committee delivered at its office shall be received by the Secretary or on his behalf by an employee of the Committee as may be authorised by him. The Secretary shall put before the Chairman all such papers for his orders.

(2) Unless otherwise provided for in the Act, the Rules and these Bye- laws, all letters, applications, notices and complaints on behalf of the Committee may be given, issued and lodged by the Secretary under his hand and seal of his office.

22. Disposal of papers on behalf of the Committee.- (1) The Secretary, unless otherwise directed by the Chairman, may dispose of all papers on behalf of the Committee. If decision on such papers involves policy matters, the papers shall be put up to the Chairman for disposal.

(2) The Chairman or the Market Committee shall before passing any order to taking decision on a matter, obtain the opinion of the Secretary on every such matter and every order made by the Chairman or decision taken by him, shall include a reference to the opinion given by the Secretary on the matter.

23. Grant of licences.- Applications for grant and renewal of licences under rule 19(1) shall be received at the officer of the Committee. The Secretary shall enquire or cause to be enquired into the contents of the application to satisfy that the information supplied is correct and also regarding the conduct and business of the applicant and record his findings on the application within three days of its receipt by him. The Chairman or any other employee authorised by the Committee under rule 19(2) shall on being satisfied that the conduct and the business of the applicant are satisfactory and that the information contained in the application is correct, issue a licence forthwith under his signature, stamps of his office and common seal of the Committee :

Provided that the committee may, for reasons to be recorded amend, alter or rescind any order or the Chairman or any other employee authorised by the Committee under rule 19(2) refusing grant or renewal of a licence :

Provided further that every order of such refusal shall be recorded in a brief statement of reasons for the same and every such matter shall be reported to the committee in the first meeting taking place next after the date of such order.

24. Control of staff.- The Secretary shall be head of the office of the Committee and shall call the roll of the staff daily and shall prepare the duty roster for different employees. He may call for any return of work done by a member of staff during a specific period. His orders shall be complied with promptly.

(2) The secretary may assign to the employees of the Committee apart from their regular duties, such other duties, as he may consider necessary for the discharge of official duties and shall see that the employees under him perform their duties properly and efficiently. he may report to the Chairman that action is called for against any of the employees of the Committee on the ground stated in the report. Provided that an opportunity shall be afforded to the employee concerned before the action is taken against him.

(3) No case of promotion in cadre of pay, grant of increment or of leave or of punishment of any employee of the committee shall be considered without obtaining and considering a report from the Secretary.

25. Copies of orders, resolution and balance sheets.- (1) Any person may be granted a copy of resolution of the Committee or of a balance sheet.

Copies of orders made by or on behalf of the Committee shall only be supplied to the person affected by such order.

(2) For the grant of a copy under clause (1) following fee shall be charged :-

Resolution and order - 25 n.p. per 100 words or fraction thereof subject to a minimum of 50 n.p. per copy.

Balance sheet - 25 n.p. per document.

Note :- Copies of orders against an employee shall be supplied to him free of charge.

(3) The application for copy shall contain such particulars as may be sufficient to enable the case to be traced.

(4) The application for the grant of the copy under sub-clause (1) shall be accompanied by an earnest money of Rs. 2 and shall be duly entered in the register maintained for this purpose. The fee for issuing a copy shall be adjusted from this amount and balance, if any, paid to the applicant with the copy. The copying fee charged shall be transferred to the funds of the Committee.

(5) A copy under this bye-law shall be prepared by such person as may be authorised by the Chairman and certified to be true by the Secretary or in his absence by another person appointed by the Chairman in this behalf. Such certificate shall give the date on which the application was received and the copy prepared and delivered to the applicant, and shall be conclusive evidence of the correctness of these dates.

Name of applicant with parentage and address	Date of receipt of application	Nature of documents copy of which is applied for	No. of receipt issued in token of earnest money	Date of preparation of copy	Date of delivery of copy	Copying fee charged	No. of words copied	Balance of earnest money refunded, if any, or amount charged above the earnest money	Signature or thumb impression of the recipient of the copy	Initials of the Secretary	Remarks
1	2	3	4	5	6	7	8	9	10	11	12

26. Payments at office of the Committee.- (1) A sum due to the Committee shall be paid at its office during hours as may be fixed by the Market Committee and shall be received by a person appointed for the purpose who shall sign and issue receipts thereof :

[Provided that receipts for amount exceeding Rupees One Hundred shall be countersigned by the Secretary or another employee authorised by him not lower in rank to that of Mandi Supervisor-cum-Fee Collector :

Provided further that the counter signature shall not be necessary in cases where the amount is received through Account Payee Cheques.]

(2) An employee of the Committee appointed to receive or handle money on behalf of the Committee shall, before entering on his duties, furnish a cash security of Rs. 500 or personal security equal to four times the amount which he is expected to handle within a week. The Chairman shall be the final authority to determine the amount which a servant is expected to handle within a week, on behalf of the Committee :

Provided that this clause shall not apply to a person who has been appointed in stop gap arrangement from within the office.

27. Trade allowance.- (1) The following trade allowances shall only be made and receive within the market area in connection with ready or spot transactions :-

(i) Tare :- The exact weight of the gunny bag or the packing material used.

(ii) Adjustment of weight :- Full adjustment of increase or decease in the weight of the produce found in the test weighment under rule 25.

(iii) An allowance determined in arbitration under rule 13.

(2) Each item of allowance charged under sub-clause (1) shall be separately mentioned in Forms 'I' and 'J' prescribed under the rules.

(3) All samples shall be paid for at sale price, except those taken under bye-law 32.

28. Remuneration of different market functionaries.- (1) For the services actually rendered by them in connection with sale, purchase, storage and processing of agricultural produce, different market functionaries, whether licensed or not, shall not demand or receive remuneration, in excess of the rates specified below :-

[Category 'A']

Commodity No. 1 (Wheat Only)

	Incidental Charges	(Rates in rupees per unit filling)
	(Payable by Seller)	for 50 kg.
1	Unloading	0.85
2	Cleaning & Dressing Manually	0.75
	By Machine	1.43
		(for rendering actual services Nothing will be charged if produce is already cleaned)

Market Charges :

(Payable by Buyer) :

These operations will be performed by commission agents/Kacha Arhtias.

1	Filling & Placing the unit on the platform/balance	0.81
2	Weighing	0.78
3	Unloading from the balance	0.63
4	Stitching Manually	0.45 (Including cost of sutli 3 ply)
	By Machine	0.55 (Stitching two way including thread cost)
5	Loading	0.42 per bag
6	Auction Charges	0.08 per hundred rupees
7	Commission	2.50 per hundred rupees
8	Brokerage	0.16 per hundred rupees
9	Marka (including cost of colour)	0.10 per bag
10	Temporary Stacking	0.10 per bag

Amtek Auto Limited-Petitioner Company No. II

Name of Meeting	Date	Time
Equity Shareholders	05/04/09	11.00 a.m.
Secured Creditors	05/04/09	1.00 p.m.
Unsecured Creditors	05/04/09	3.00 p.m.

Copies of the said Scheme of Arrangement and of the statement under Section 393 of the Companies Act, 1956 can be had free of charge at the Registered Office of the Petitioner Companies or at the office of their advocate, Mr. Atul V. Sood, #3273, Sector 15-D, Chandigarh or Mr. Satwinder Singh, Vaish Associates, Flat No. 5-7,10, Hailey Road, New Delhi - 110001.

Persons entitled to attend and vote at the said meetings, may vote in person or by proxy provided that the proxy in the prescribed form, duly signed, is deposited at the Registered Office of the Petitioner Company No. I at Village Narsinghpur, Old Manesar road, District Gurgaon, Haryana for meeting of the said Company and at Registered Office of the Petitioner Company No. 2 at Plot No. 16, Industrial Estate, Rozka-Meo (Sohna) District Gurgaon, Haryana for meeting of the said Company, not later 48 hours before meeting.

Forms of Proxy can be had at the Registered Office of the Petitioner Companies.

The Court has appointed the following as Chairmen/Alternative Co-Chairmen of the said meetings.

Amtek India Limited-Petitioner Company No. I

Name of Meeting	Chairman	Alternate/Co-Chairman
Equity Shareholders	Sh Ashwani Arora(Advocate)	Sh. Nilesh Bhardwaj (Advocate)
Secured Creditors	Sh. Pankaj Maini (Advocate)	Sh. Sahil Sharma (Advocate)
Unsecured Creditors	Sh. Aman Chaudhary (Advocate)	Sh. Amit Jaswal (Advocate)
Amtek Auto Limited-Petitioner Company No. II
Name of Meeting	Chairman	Alternate/Co-Chairman
Equity Shareholders	Sh.K.S. Nalwa (Advocate)	Ms. Monica Sharma (Advocate)
Secured Creditors	Sh. Sachin Jain (Advocate)	Ms. Amandeep Sibia (Advocate)
Unsecured Creditors	Sh. Rajiv Parshad (Advocate)	Sh Rahul Dev Singh (Advocate)

The Scheme of Arrangement, if approved by the said meeting, will be subject to the subsequent approval of the Hon'ble High Court of Punjab and Haryana at Chandigarh.

(Ashwani Arora)	(Pankaj Maini)	(Aman Chaudhary)
(K.S. Nalwa)	(Sachin Jain)	(Rajiv Prashad)

Category 'A'

Commodity No. 2 (Paddy Only) :

Incidental Charges

(Payable by Seller)	(Rates in rupees per unit filling)
	for 50 Kg	for 35 Kg.
1. Unloading	1.17	0.85
2. Cleaning & Dressing Manually	0.98	0.75
By Machine	1.88	1.43
		(for rendering actual services. Nothing will be charged if produce is already cleaned.)

Market charges :

(Payable by Buyer):

These operations will be performed by commission agents/Kacha Arhitas

1	Filling & Placing the unit on the platform/balance	1.11	0.81
2	Weighing	0.82	0.78
3	Unloading from the balance	0.66	0.63
4	Stitching
	Manually	0.45 (Including cost of sutli 3 ply)
	By Machine	0.55 (Stitching two way including thread cost)
5	Loading	0.42 per bag
6	Auction Charges	0.08 per hundred rupees
7	Commission	2.50 per hundred rupees
8	Brokerage	0.16 per hundred rupees
9	Marka (including cost of colour)	0.10 per bag
10	Temporary Stacking	0.10 per bag

Category 'A'

Commodity No. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Bajra Mash Moong Moth Massar Sarson Toria Tara-Mira 1 Til Methi Sunehri Oats Gowar Maize Gram (Kabli & Black) Barley Jowar Dry Peas Arhar Gur Shakkar Khandsari Ground-nut Sun flower seed (Suraj Mukhi Beej)

Incidental Charges

	(Payable by Seller)	(Rates in Rupees per unit)
		for 95 Kg.	for 50 Kg.
1	Unloading	1.36	0.8
2	Cleaning & Dressing
	Manually	1.33	0.75
	By Machine	2.55	1.37
			(for rendering actual service. Noting will be charged if produce is already cleaned.)

Market Charges :

(Payable by Buyer)

These operations will be performed by commission agents/Kacha Arhtias

		95 Kg.	50 Kg.
1	Filling & Placing the unit on the platform/balance	1.17	0.83
2	Weighing	0.78	0.78
3	Unloading from the balance	0.65	0.63
4	Stitching
	Manually	0.45 (Including cost of sutli 3 ply)
	By Machine	0.55 (Stitching two way including thread cost)
5	Loading	0.42 per bag
6	Action Charges	0.08 per hundred rupees
7	Commission	2.50 per hundred rupees
8	Brokerage	0.16 per hundred rupees
9	Marka (including cost of colour)	0.10 per bag
10	Temporary Stacking	0.10 per bag

Category 'B'

Commodities:

1. Cotton (40kg)
2. Wool (40kg)
3. Ground-nut (30kg) (Unshelled)
4. Chillies (Dry) (17Kg)

Incidental Charges		(Rates in rupees per unit)
(Payable by Seller)		for cotton & Wood only
1	Unloading	0.8	1.15
2	Dressing (except Ground-nut) 0.56	94
3	Cleaning & Dressing (for Ground-nut only)	0.85

Market Charges : ------------------------- (Payable by Buyer)

These operations will be performed by commission agents/Kacha Arhtias

1	Filling & Placing the unit on the scale/balance	0.82	0.92
2	Weighing	74	0.8
3	Unloading from the scale/balance	0.54	0.58
4	Stitching/tying
	Manually	0.45 (Including cost of sutli 3 ply)
	By Machine	0.55 (Stitching two way including thread cost)
5	Auction Charges	0.08 per hundred rupees
6	Commission	2.00 per hundred rupees (2.50 per hundred rupees for cotton only)
7	Brokerage	0.16 per hundred rupees

Category 'C'

Commodities: Non-perishable vegetables viz. Potatoes, Shakarkandi, Onion, Arvi, Garlic & Ginger.

	Incidental Charges -------------------------- (Payable by Seller)	Rates in rupees-----------------------
1	Unloading	0.50 per bag
		0.75 loose
		3.00 per cart
		5.00 per trolley
		15.00 per truch

Market Charges

(Payable by Buyer)

These operations will performed by commission agents/Kacha Arhtias

1	Filling, weighing, unloading form the scale/balance	1.00 per unit
2	Stitching
	Manually	0.45 (Including cost of sutli 3 ply)
	By Machine	0.55 (Stitching two way including thread cost)
3	Commission	5.00 per hundred rupees

Category 'D'

Commodities: Perishable vegetables and fruits.

	Incidental Charges----------------------------- (Payable by Seller)	Rates in rupees----------------------
1	Unloading	0.30 per unit
		5.00 per cart
		10.00 per trolley
		20.00 per truck

Market Charges ------------------------ (Payable by Buyer)

These operations will be performed by commission agents/Kacha Arhtias

1	Filling & Weighing	0.80 per unit
2	Commission	5.00 per hundred rupees

Category 'E'

Commodities: Dry & Green Fodder & Babbar Grass.

	Incidental Charges,---------------------------(Payable by Seller)	Rates in rupees-------------------------
1		Unloading (for dry fodder only), It has been observed that generally the function of unloading of green fodder is performed by the producer seller itself. In case of dry fodder, the unloading charges are borne by the purchaser.
		5.00 per cart
		10.00 per trolley
		20.00 per truck

Market Charges

(Payable by Buyer)

These operations will be performed by commission agents/Kacha Arhtias

1	Weighing by weighbridge	5.00 per cart
		8.00 per trolley
		12.00 per truck
		(the charges including for empty vehicle as well)
		3.00 per hundred rupees
2	Commission	3.00 per hundred rupees

Note: (1) The agricultural produce purchased by the procuring agency shall be

1	Commission	Rs. 4%
2	Weighment : (When done on the weighbridge other than that of committee)	Rs. Five, Rs. Three and Rs. Two for loaded Truck, loaded Trolley and loaded Cart respectively and Rs. Three Rs. Two and Rs. one respectively for empty Truck, empty Trolley and empty Cart.
3	Unloading	Rs. 0.45 per quintal subject to maximum of Rs. 60 per truck and Rs. 40 per trolley attached to a tractor.

despatched only after weighment from the market committee computrized weighbridge or from the private computerized weighbirdge as authorized by the concerned secretary market committee. The rates of weighment is fixed as Rs. 15 to 20 per trolley, Rs. 20 to 25 per truck upto 12 tonne and for additional weight in the truck Rs. 2 per tonne extra which shall be paid by the procuring agency.

(2) Marka should be visible in block letters containing name of purchasing agency, arhtias, with shop No. commodity any crop year.

(3) Packing/filling of all agricultural produce above 50 kg shall not be allowed w.e.f. 1st September, 2009 onwards.

Category 'F'

(Eucalyptus and Poplar)

For Category 'F' Only

(a) The charges of unloading is meant for payment to the labour engaged for the purpose of unloading the vehicles. This charge is to be borne by the seller. it the seller does it himself or through his own men, no such charges shall be levied.

(b) If the seller and buyer agree that loaded vehicle should be un-loaded at the premises of the buyer, the seller would be entitled to transportation charges at the rates as may be mutually agreed between them.

(c) If the weighment is done on the weighbridge installed by the committee, the charges for weighing shall be as fixed in bye law 12.

(d) Wherever a weighbridge has been installed by the committee in the principal Market Yard or sub Market Yard the vehicle shall be weighed on the weighbridge of the Market Committee.

(e) The Charges of commission (or Arhat) shall be levied only where the produce is bought or sold through commission agent.

Commission proposed above shall be charged only by the Kacha Arhtiya who in consideration of commission offers his services to sell the wood by auction/ agricultural produce displayed for the purpose.

Category 'F'

(All other Agricultural Produce not listed above except fruits and vegetables)

(If need be, only one sieve may be allowed)

1. Unloading	22 paise per unit
2. Sieving	28 paise per unit
3. Weighing and filling	60 paise per unit

Note :- Out of the charges mentioned at Serial No. 3, 17 paise shall be paid to the weighman and the rest 43 paise to the labourers engaged for this purpose.

Category 'G'

(Patatoto, Shakkar-kandi, Dry Onion, Arbi, Dry Garlic, Ginger)

1. Unloading	29 paise per unit
2. Weighing and filling etc.	43 paise per unit

Category 'H'

(Vegetables other than 'G' above)

1. Unloading upto 20 Kg.	14 paise per unit
above 20 Kg.	23 paise per unit
2. Display	12 Paise per unit

Category 'I'

(All fruits)

1. Unloading	24 paise per unit
2. Display	23 paise per unit

[The rate of commission of Kacha Arhtiya on all items of category 'A', 'B', 'C', 'D', 'E' and 'F' shall be [Rs. 2.00] per cent and Rs. 4.00 per cent on all other items of category 'G', 'H' and 'I'].

Category 'J'

(Dry and Green Fodder)

Incidental Charges by weigh-bridge	Weighment	*[50] paise per cart
		*[70] paise per trolly
		*[100] paise per trunk
Market Charges	Commission	3 per cent

*Substituted vide Notification No. 15315 dated 24th March, 1983, published in the Ghazette dated 1st April, 1983.

[Category 'K']

1. Commission	Rs. 4%
2. Weighment (when done on the weigh-bridge other than that of market Committees)	Rs. Five, Rs. Three and Rs. Two for loaded Truck, loaded Trolley and loaded Cart respectively and Rs. Three, Rs. Two and Rupee one respectively for empty Truck, empty Trolley ad empty carrt
3. Unloading	Rs. 0.45 per quintal subject to maximum of Rs. 60 per truck and Rs. 40 per trolley attached to a tractor

(a) The charge of unloading is meant for payment to the labour engaged for the purpose of unloading the vehicles. This charge is to be borne by the seller. If the seller does it himself or through his own men, no such charge shall be levied.

(b) If the seller and buyer agree that loaded vehicle should be unloaded at the premises of the buyer the seller would be entitled to transportation charges at the rates as may be mutually agreed between them.

(c) If the weighment is done on the weighbridge installed by the Committee, the charges for weighing shall be as fixed in bye-law 12.

(d) Whenever a weighbridge has been installed by the Committee in the Principal Market Yard or Sub Market Yard the vehicles shall be weighed on the weighbridge of the Market Committees.

(e) The charge of Commission (or Arhat) shall be levied only where the produce (Timber of Firewood) is brought or sold through Commission Agent.

Commission for all categories fixed under this bye-law shall be charged only by the Kacha Arhtiya who in consideration of commission offers his service to sell by auction agricultural produce displayed for the purpose.

Where the Kacha Arhtiyas do not conduct auction themselves, the auctioneers may be engaged by the Committee on the basis of commission fixed above as auction charges. The auction charges collected by the Kacha Arhtiya in such cases shall be paid to the auctioneers in the manner to be specified by the Market Committee.

(2) It will not be necessary for any seller of agricultural produce to engage any of the functionaries entered under sub-clause (1) above, unless he wishes to do so and no one shall be required to pay for functionary who has not in fact been engaged.

(3) No allowance or deduction subject to the Act or the Rules or charges of any kind and in any form not permitted by these bye-laws shall be charged, claimed or allowed in connection with any transaction of sale or purchase or storage or processing of agricultural produce or any act incidental to these.

(4) A Kacha Arhitya shall recover incidental and market charges payable to different functionaries and his commission under this bye-law and shall disburse the same to different functionaries :

Provided that charges relating to palledars, filling and sewing may be paid by the buyer directly to the functionaries if such functionaries are engaged by him.

[(5) A Commission Agent or Kacha Arhtiya or buyer, as the case may be, shall maintain a register in form 'H-1' of these Bye-Laws. Account of market and incidental charges received and paid to the labour engaged for the purpose shall be recorded in this register.]

[28A. Additional facilities to be provided by Arhtias. (1) A Kacha Arhtia in Cotton Market shall keep at least one fire extinguisher. The names of cotton markets and the capacity, make or quality of the fire extinguisher shall be such as may be specified by Secretary of the Board.]

(2) A Kacha Arhtia shall keep a dust bin at his shop to ensure cleanliness of the platform in front of his shop. All dust, waste and garbage of the shop or the platform in front of his shop shall be deposited in the Bin. The specifications of Bin shall be given by the Secretary Board.

(3) The agricultural produce shall not be auctioned till it is cleaned and the Kacha Arhtia shall ensure that the produce is properly cleaned. Where the produce is being sold without employment of Kacha Arhtia, the proper cleanliness of the produce shall be the responsibility of the seller himself.

(4) Notwithstanding anything contained in clause (3A) of Bye law 12 and with effect from such date as may be specified by the Secretary Board, a Kacha Arhtia shall provide electrical driven blowers for cleaning or sieving of agricultural produce. The power connection shall be provided by the Committee and the charges of the electricity may be suitably shared by the Arhtias and the labour in the ratio as may be specified by the Secretary Board.

(5) With effect from the date which may be specified by the Secretary of the Board, an Arhtia or Arhtias in combination with others shall install mechanical device for filling, weighment, and stitching of bags. Such mechanical device may contain the facility for cleaning of produce also, if necessary.

(6) From such date as may be specified by the Secretary of the Board, the work of stitching of bags filled with the agricultural produce, tying of pallis in case of cotton or putting the produce in containers, shall be done by the labour of Kacha Arhtia and the Kacha Arhtia will recover the cost of labour as fixed in Bye-law 28 from the purchaser. The bags so stitched or containers so filled shall be stamped by the Kacha Arhtia by means of a stencil mark or by any other satisfactory mode to show that the produce has been handled by a particulars Kacha Arhtia.

(7) A Kacha Arhtia shall render willing co-operation in various development and projects schemes introduced for improving the agricultural marketing and will fulfil the targets, which may be fixed by the Secretary, Mandi Board for an Arhtia or for a group of Arhtias in a particulars market.]

29. Supply of prescribed forms by the Committee.- (1) All forms and registers prescribed under the Rules or these Bye-laws to be maintained or executed by the persons licensed shall be serially numbered and properly bounded in books of at least one hundred or multiples thereof.

No such form or register shall be valid for use unless first or last page of the same is signed, stamped and dated by the Secretary or any officer authorised by him in this behalf, and each page of such form or register where the stamp of the Committee, is maintained for such purpose.

(2) A Market Committee shall keep a record of forms and registers stamped and signed by it under sub-clause (1) in the Form 'E' annexed with these Bye- laws.

(3) The Committee may arrange for the supply of forms if the dealers give in writing to do so.

(4) Forms I, J and M books may be sold to any licensee in any number, but the licensee shall put into use only one book at a time and forms written in serially numbered order of the book.

30. Publications, notices and directions of the Committee- How to be notified. - (1) Orders, publications, directions and notices to the general public shall be deemed to have been published when these are pasted on the notice board of the Committee outside its office premises.

(2) The Committee may cause notices to be served on the persons likely to be affected by such publications, notices, directions or orders of the Committee or may cause their publication in any newspaper or Government Gazette.

31. Imprest money.- [(1) The Secretary of a Committee having annual income of rupees seventy lacs or above shall have the power to keep in hand a sum not exceeding rupees three thousand and in case of other Committees rupees two thousand as imprest money and to reimburse the same weekly for the expenditure met out of it.]

(2) The Secretary may require the money to be kept by the [Head Clerk or Accountant or Head Clerk-cum-Accountant] of the Committee who under orders and instructions of the Secretary shall keep regular accounts of all expenditure met out of it and its reimbursement in the same manner as other accounts of the Committee are maintained.

(3) Subject to provision of bye-law 31-A the Chairman and the Secretary shall be entitled to sanction expenditure out of this amount for meeting petty expenses not exceeding [rupees five hundred] and[rupees three hundred] respectively in one instance :

[Provided that the bills of water, electricity and telephone upto rupees one thousand may be paid by the Secretary from the imprest money.]

31A. Deposit of funds and operation of accounts. - (1) All moneys received by the Market Committee shall be deposited in the Banking institutions situated within its notified market area which have been or may hereafter be approved for the purpose by the Board.

(2) All payments made by the Committee, except from imprest, shall be made by account payee cheques or crossed cheques or order cheques but not by bearer cheques.

(3) Every cheque drawn on behalf of the Committee shall be signed by the Secretary, Market Committee and Accountant or Head Clerk-cum-Accountant of the Committee after payment has been sanctioned or approved by the competent authority.

(4) The competent authority for sanctioning of payments shall be Secretary, Market Committee in case of contribution payable to the Board, salaries of the fixed establishment as per the norm, bills of electricity, water, telephone and audit fee. For sanction of other expenditures the competent authority shall be Market Committee. Where the Market Committee has not yet been constituted or the Chairman or Vice-Chairman have not been elected or appointed or where the Chairman or Vice-Chairman are not working, the competent authority shall be the Marketing Enforcement Officer or Senior Marketing Enforcement Officer or District Mandi Officer or any other officer authorised by Secretary Board.

(5) No cheque shall be drawn except against a bill which has been examined and passed by the Secretary and Accountant or Head Clerk-cum- Accountant of the Committee.

(6) Contribution payable by the Market Committee under sub-section (2) of section 27 of the Act would become due for each month at the close of the month and shall be paid to the Board by the Secretary of the Committee by the end of the following month. If the amount of contribution is not so received by the Board it shall be payable with interest at the rate of 5% per annum.

Provided that if the contribution is not received by the Board within 90 days of its having become due, Secretary of the Board send a requisition to the bank where the funds of the Market Committees are kept. The Bank shall thereupon transfer the amount so claimed to the account of Marketing Development Fund under intimation to the concerned Market Committee and the Secretary of the Board.

32. Propaganda against adulteration and manner of taking samples from the adulterated produce.- (1) The Committee shall take such steps to educate the general public against adulteration of agricultural produce as it may consider necessary.

(2) The Chairman or the Secretary of the Committee or any other person authorised by it in this behalf may take samples of any produce against a receipt granted for the same. No person shall refuse or otherwise obstruct in taking such samples.

(3) The samples shall be taken in three different packages and shall be sealed in such a manner that the contents cannot be removed from the package without breaking it or without removing seals from it. On demand one of such packages shall be given to the owner of the produce or the person with whom it is kept by its owner against receipt, the second shall be kept in Committee's office till final decision of the case.

(4) The samples shall be taken in the presence of the owner of produce or if it is in the custody of any other person in presence of such a person or if nobody is present there, in the presence of any two persons.

[32A Prohibition of benami transactions. - No licensee shall, buy, sell, store or process any agricultural produce on behalf of any firm (or partner in the firm), dealer or person holding licence under the Act, whose licence has been cancelled or suspended during the period of such suspension or cancellation as the case may be.]

33. Punishment.- Whosoever contravenes the provisions of bye-laws 11, [11A], 12, 14, 15, 16, 17, 18, 27, 28, 29 and 32 (2) of these bye-laws shall, on conviction, be punishable with a fine which may extend to fifty rupees.
34. Repeal and Savings.- The bye-laws framed under the repealed Patiala Agricultural Produce Market Act, 2004 B.K. and the Punjab Agricultural Produce Market Act, 1939 and the Bye-laws of Market Committee, Jullundur, published in Government Gazette, dated 31st May, 1963, are hereby repealed :

Provided that such repeal shall not effect :-

(a) The previous operation of any bye-law or repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired or incurred or any licence issued under any bye-law so repealed; or

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

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, licence, 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 these bye laws had not been passed :

Provided further than anything done or any action taken under these bye- laws so repealed shall be deemed to have been done or taken under these bye-laws, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under these bye-laws.

Form A

[(See Bye-law 9(3)]

Date of meeting	Present	Agenda	Secretary's opinion	Brief Resume of discussion and final resolution	Name of Member voting against
1	2	3	4	5	6

Signaute of Chairman

Form B

[(See Bye-law 12(2)]

Name of the person bringing the produce with registration number or any identification mark, if any, of the vehicle	Nature of the produce	Gross weight including weight of the vehicle and packing material, if any	*[Weight of empty vehicle]	Weight of the produce excluding the weight of cart, truck or trolly	Weighment chages received	Remarks
1	2	3	*[3-A]	4	5	6

Signature of the person incharge of the weighbridge or beam scale

*Inserted vide Notification No. PSAMB/Proj/747 dated 20th March, 1985, published in the Gazette dated 12th April, 1985.

Form C

(See Bye-law 13)

Report of Test Weighment

Name of the seller with parentage and address	Name of the Kacha Athtiya with address and licence No.	Name of buyer with address and licence No.	Name with licence No. of the weighman, who made the weighment	Date of weighment etc.	Commodity
1	2	3	4	5	6

 

No. of units weighed	Person by whom test weighment has been made	Result of test weighment	Signature or thumb impression/Weighman	Signature or thumb impression of Kacha Arhtiya or of two witnesses, if the Arhtiya is not present	Signature of buyer or two witnesses if the buyer is not present	Remarks
7	8	9	10	11	12	13

Signature of the person making the report

Form D

[See Bye-law 20(1)]

Serial No.	Date of report	Name of the person complained against with licence No., if any	Complaint as reported and the section, rule, bye-laws offended	Signatue of person making report	Enquiry report of Secretary	A brief statement of reasons in case prosecution is not instituted
1	2	3	4	5	6	7

 

Comments of the Chairman if the prosecution is not instituted or in case the Chairman has ordered for prosecution	If prosecuted, its result or if compounded, the composition fee	Authority for composition and report of amount received with receipt No. and cash book page No.	Reasons for not taking action on complaints one month old, if any	Orders of the Committee, if any	Remarks
8	9	10	11	12	13

Form E

[(See Bye-law 29(2)]

Serial No.	Date	Name of Form	Kind of Form	Serial No. of pages	Serial No. of Books
1	2	3	4	5	6

[From F]

[See Bye-law 11(1)-A]

Sr. No.	Date	Name and address of the producer/ seller/owner	Name of Produce	Weight			Name of the Purchaser	Price per quintal	Labour charges	Signature/thumb impression of labourer weighman	Remarks
				Appx/	Actual	Units
1	2	3	4	5(a)	5(b)	5(c)	6	7	8	9	10

[Form G]

[See Bye-law 15]

Sr. No.	Date	Name of the Produce	Weight	Rate	Total amount	Name of the Purchaser	Rate of Brokerage		Amount of brokerage received from the Seller	Amount of brokerage received from the Purchaser	Total Brokerage	Remarks
							Seller (a)	Buyer (b)
1	2	3	4	5	6	7	8		9	10	11	12

[Form H]

[(Bye-law 11-B(2)]

Name & address of Licensee	____________________________
1. Vehicle (No. if any)	____________________________
2. Produce	____________________________
3. Units of weight	____________________________
4. Name of Purchaer	____________________________
5. Destination	____________________________

Signature

[Form H-I]

(Bye-law 11-B)

Sr. No.	Date	Type of vehicle with No., if any	Name and address of seller	Commodity	Approximate weight or qauantity or No. of Units	Name of kacha Arhtiyas with Shop No.	Remarks
1	2	3	4	5	6	7	8