Punjab Market Committees Bye-laws

Punjab Market Committees Bye-laws

Published vide in Punjab Govt Gazette (Extraordinary) dated 9.8.1963

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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.- (1) 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.

[(2) If the Chairman or Vice-Chairman acting as Chairman is not available for reason of long absence or if the requisition of members has been received for calling meeting for no confidence against the Chairman or Vice-Chairman, the meeting may be convened with approval of District Mandi Officer by the Secretary, Market Committee, giving at least seven days notice.

Explanation:- The following shall be instances of long absence :-

(a) absence from the country for a period of one month or above; or

(b) absence from the State for a period of one month or above; or

(c) failure to attend office of Market Committee for 15 days continuously.

(3) If the meeting is called by the Secretary under sub-clause (2) for reason of long absence of Chairman or Vice-Chairman, he will certify that the Chairman or Vice-Chairman or the both are not available for reason of long absence due to any of the reasons indicated in the explanation to sub-clause (2) and this certificate shall be duly countersigned by District Mandi Officer before the meeting is convened by the Secretary. A copy of the notice of meeting so convened shall be sent to the Secretary Board also.]

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 within two days of the receipt of the requisition, the Secretary shall call an emergent meeting under intimation to District Mandi Officer and Secretary 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.

[Provided further that if the meeting is convened by the Secretary, Market Committee under sub-clause (2) of bye-law 4 the meeting of the Market Committee shall be presided over by any of the members elected as Chairman for the occasion by the members present in the meeting.]

(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[Punjabi (Gurmukhi script)]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 any member records his dissent from the decision taken by the Committee, the dissenting note of such member shall be recorded by the Secretary, in the Minute Book and signature of the member concerned shall also be obtained.]

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.

[(1A). Arrival/Heap Register. - The licensee shall maintain a Register as prescribed in Form F annexed to these bye-laws for agricultural produce coming to him or brought by him for sale. He shall enter the agricultural 'produce in the register' immediately on its arrival at his shop or platform for sale through him. The Register shall be written in Punjabi or Hindi and approximate weight shall be recorded in words and figures. The licensee shall also record in the Register the market and incidental changes received and paid to the labour engaged for the purpose. Any cutting or over- writing in the Register shall be authenticated by the Secretary, Market Committee or Mandi Supervisor-cum-Fee Collector authorised by him :]

Provided that if any agricultural produce is recorded as unsold or having been taken back by the seller, a written intimation shall be sent to the Secretary, Market Committee to this effect immediately by the licensee.

Provided further that Secretary of the Board may permit "Boli Bahi" or any other book with such columns as he may consider necessary in place of register in Form F in fruit and vegetable trade or retail trade or in any other trade. [Arhtia will submit a copy of transactions made by him to Market Committee daily].

(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 [rupees ten] while in other cases not less than[rupees five].

(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.

[(7) The buyer shall lift the agricultural produce brought by him within [72] hours of auction or purchase. In case of failure to so lift the produce, the buyer shall be liable to pay 25 paise per unit per day as demurrage to the Market Committee. If produce is not lifted within seven days, it may be lifted or removed from the Principal Market Yard or Sub-Market Yard or Purchase Centre by the Secretary, Market Committee at the cost of the buyer. The buyer shall also be liable to pay all costs incurred by the Secretary, Market Committee in keeping the produce till it is lifted by the purchaser:

Provided that Market Committee may exempt buyer on request in writing from the operation of this bye-law partially or fully.

(8) If any person encroaches upon the auction platform or roads in the market or otherwise misuses such premises or other property in the market, it shall be lawful for the Secretary, Market Committee to remove such encroachments after serving notices to the concerned persons, agency or licensee as the case may be, at his cost.

[11A. Setting up of check post or barrier. - The Market Committee or its Secretary or any of its officers authorised by it in this behalf may require a vehicle or other conveyance or a common carrier loaded with agricultural produce which is on its way to market or coming out of the market, to stop and give particulars of the agricultural produce, its owner, buyer, seller, commission agent or arhtiya or licensee, quantity and the value of the produce. The driver or any other person incharge of such vehicle or conveyance or common carrier shall stop the vehicle, other conveyance or common carrier, keep it stationary as long as may reasonably be necesssary and allow the Market Committee or its Secretary or such officer authorised by it to examine the produce and other records or bills or bilties. The Committee may also require that such vehicles, other conveyances or common carriers entering the market shall have their vehicles, conveyances or common carriers weighed on the weighbridge of the Market Committee and that person concerned shall obtain entry vouchers from the clerk of the concerned Market Committee on duty at the gate, barrier or check post in such manner as may be laid down by the Committee.]

[11B. The issuance of Gate Pass. - (1) All agricultural produce coming or brought to the market/principal market yard or sub-market yard shall be recorded in register maintained in Form 'I' by the committee.

(2) For the agricultural produce taken out of the market/principal market yard or sub market yard, the buyer/dealer shall issue a gate pass in Form 'H' in triplicate two copies of which shall be given to the driver of the vehicle or other conveyance carrying the agricultural produce who shall give one copy to the gate clerk of the committee and retain the other. The counter-foil shall be retained by the dealer/buyer concerned.

Provided that the Secretary Board may for reasons to be recorded in writing exempt any agricultural produce from the operation of this bye-law if in his opinion the issuance of gate pass in Form 'H' is not practicable.

(3) If the agricultural produce is purchased by a person who is not a licensee, the gate pass shall be issued by the Kacha Arhtiya or the seller as the case may be.

(4) The gate clerk of the committee shall maintain a register on the basis of entries in the gate pass.]

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) [Rupee five per per cart.]

(ii) [Rupees ten] per trolley (Tractor)

(iii) [Rupee twenty 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.

[(3A) the Katcha Arhtiya shall provide all kinds of seivers to the labourers engaged for the purpose and also keep sufficient number of tarpaulins for protection of agricultural produce as specified by the licencing authority from time to time.]

(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.

[12A. Auction of Cotton in loaded vehicle. - Notwithstanding the provisions of bye-law 12 when a weighbridge has been installed by the Committee and when so directed by the Board, the cotton shall be sold in the vehicles without being heaped. The loaded vehicles shall be weighed on the weigh-bridge and taken to the purchaser's premises for unloading. The empty vehicle shall again be weighed on the same weigh-bridge for drawing net weight :]

Provided if any other weigh-bridge of the standard and specifications similar to the one installed by the Committee is available in or around the Market Yard, the weighment of vehicles of cotton may be made on that weight- bridge also :

Provided further that where weight of the cotton in the vehicle is 10 quintals or less or where there are more than one varieties of cotton in a vehicle or where the cotton in vehicle is adulterated the cotton may be sold in the market yard by auction in heaps.]

[12B. Collection of fee on contract basis. - (1) Not-with- standing anything contained in the Act, Rules and Bye-laws, a committee with the previous approval of the Secretary Board shall have the powers to lease out by public auction the collection of fee leyied under section 23 of the Act read with Rule 29(1) of the Rules in the notified market area at the rate fixed by the Board. The provisions contained in the Act, Rules and Bye-laws for regulation of agricultural produce, levy, assessment, collection and recovery of fee shall mutatis mutandis be applicable except the provisions hereunder provided.]

(2) After the approval of the Secretary of the Board a public notice/tender for auction of the collection of fee in the notified market area of a committee, specifying the limits of the areas for the collection of fee shall be published by the committee with 15 days clear notice and reserve price shall be fixed at least 25% more than the highest fee received during the previous three years by the committee from the said area. [For those committees which have given the collection of fee on contract basis in the previous year the reserve price for the next year for such committee shall be the amount equal to the auction amount of the previous year. In the case other Market Committee where such previous contract was for less than a year then the reserve price shall be calculated on a pro-rata basis for the whole year.]

(3) A contractor shall be competent to give bid/tender on deposit five percentage of reserve price as security by a crossed demand draft or a pay order drawn in favour of the committee through a nationalized or scheduled bank. After acceptance of bid/tender the contractor shall be liable to execute a contract in terms of section 22 of the Act with the committee failing which the security deposited with the committee shall stand for feited and then second bidder will be given an opportunity on the highest bid/tender for contract of the first bidder/tender. Securities of remaining unsuccessful bidders/tenders shall be refunded by the committee :

Provided that as soon as bid/tender is accepted, the committee shall immediately convey the acceptance to the contrator personally or under a registered cover and execute an arrangement with him or his legally authorized agent within a period of 7 days. The contractor shall furnish Bank guarantee of [15%] of the total amount of contract value at the time of allotment of the contrat.

(4) Following Committee will finalize the tenders/auction :-

-Concerned District Mandi Officer;

-Concerned Administrator/Chairman, Market Committee;

-Concerned Secretary, Market Committee:

-One Official will be nominated by the Secretary Board from the Head Office.

Provided that for finalizing/accepting/rejecting the bids, quorum of at least any three members shall be necessary.

(5) The execution of the contract will be as per the provisions contained in Punjab Agricultural Produce Markets Act, 1961. After execution of the agreement the contractor shall ensure the proper collection of fee at prescribed rate in accordance with the provisions of Act, Rules and Bye-laws during the contract period.through his employees engaged for the purpose. All the provisions of Act, Rules and Bye-laws enacted from time to time regarding exemption from the payment of market fee shall be applicable and complied with by the contractors. He shall bring to the notice of Secretary, Market Committee any contravention of law or evasion of market fee, if any, so that the remedial measures may be taken by the committee forthwith.

(6) The committee shall [adjust the contract money in 12 equal monthly installments the income realized on account of market fee] and in case there is any deficiency the same shall be deposited by the contractor within 7 days. In case of surplus amount from the said percentage the same shall be paid to the contractor. No concession or deferment for payment scheduled above, shall be permissible to the contractor including strike, Bandh, natural calamity which may occur during the said period. The contractor shall be allowed to cover up the deficiency of amount, if any, within next month subject to payment of interest one per cent per month on the balance amount. In case of continuing default in payment of balance amount, the due amount shall be recoverable as arrear of land revenue, besides the termination of contract.

(7) The contractor shall not be competent to enter into partnership, transfer, web-let or assign the contact or any part thereof in any manner whatsoever. In the event of any contravention of the conditions prescribed, the committee shall be competent to terminate the contract and to forfeit the entire amount of security deposit. The committee shall not be liable to any act, deed or action of the contractor or his employees engaged by him relating to third party and the contractor shall solely be liable for the said action.

(8) In case the contractor desires to hire the services of the employees of the Market committee for his assistance for collection or fee then on written request and on payment of service charges at the rate at which they are drawing salary and allowances from the concerned Market Committee. If the contractor engaged his own employees then such employees would be required to bear badges as prescribed in the Bye-laws and will wear light brown colour uniform and will also possess Identity Card duly countersigned by the Secretary, market Committee and he will always keep with him and will show as and when asked for. The contractor shall furnish complete information such as names and addresses of such employees to the Secretary, Market Committee and whenever there is any change due to resignation, termination or removal etc., the same shall be intimated by him to the Secretary, Market Committee. The contractor shall comply with or cause to be complied with the provisions of the various existing laws, rules and regulations applicable to such persons employed by the contractor. The contractor shall also indemnify the Market Committee in respect of all claims that may be made against Committee for non-compliance thereof by the contractor.

(9) In case of any dispute between the Contractor and the committee the same shall be referred to the Secretary of the Board for arbitration and his decision shall be final and binding on both the parties :

Provided that jursdiction in case of any type of litigation relating to agreement executed between the contractor and the Market Committee shall be the courts in the State of Punjab.

(10) The contractor shall be responsible for any accident or mishappening to any employee engaged by him. The Committee shall not liable for any damage or loss caused to the employee of the contractor and any compensation of benefit accrued to such employee shall be paid by the contractor. However where an employee of the Committee is hired, he/she will be entitled for all the benefits etc. under his/her service rules.

(11) Employee of the Market Committee will ensure the open auction and other provisions of Act, Rules and bye-laws on sale/purchase of agricultural produce. The employee of the contractor will maintain the register as per auction register duly attested by the Secretary, Market Committee and will daily submit sale proceed of every licence as per performa to Market Committee within official time :

(12) The collection of the Market Fee on the commodities will be as per the schedule given in section 38 notified from time to time.

(13) It will be the responsibility of the concerned contractor to maintain the cleanliness of the Mandi Yard from time to time. Not-with-standing anything contained hereto before the Market Committee shall have absolute powers to take such action as may be necessary for compliance of the various existing clause and recover the due amount under Land Revenue Act from the Contractor. The contractor shall ensure that the persons employed by him are clearly given to understand in writing that they shall have no right or claim for absorption in the service of the Market Committee at any time or on any ground. They shall not be the servantsof the Committee and Committee shall have no liability directly or indirectly whatsoever qua them.

13. Test weighment of agricultural produce.- [The test weighment may be done by the Secretary or any other employee of the Committee not below the rank of Mandi Supervisor authorised by the Secretary. The result of test weighment so done under rule 25 (5) or 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 retruned 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 insecribed 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 'G' 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 commerial 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 representatitve attend the auction within one hour of the time of the start of acution 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 shall have immediate responsibility of proper management of the affairs of the Committee and disposal of day to day papers of the Committee. If decision on such papers involves policy matter the papers shall be put up to the Chairman for decision.]

(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 or decision taken by the Chairman or the Committee, as the case may be, shall include a reference to the opinion given by the Secretary on the matter. Where the Chairman or the Committee disagrees with the opinion of the Secretary, it will record reasons for the same.

23. Grant of licences.- Applications for grant and renewal of licences under rule 19 (1) shall be received at the office 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 of 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.- [(1) The Secretary shall be the head of the office of the Committee. All employees of the Market Committee shall report to him. He may call for any return of work done by a member of staff during a specified period. His orders shall be complied with promptly.]

(2) The duties to be discharged by various employees of the Market Committee shall be as under :-

(1) Head Clerk-cum-Accountant. - 1. Incharge of office of Market Committee in absence of Secretary or Assistant Secretary;
2. Personal files and service books of the employees;
3.Maintenance of accounts including Cash Book, P.F. Ledger, Budget Ledger, Establishment Check Register and Bills etc;
4. Preparation of bills;
5. Preparation of cheques;
6. Preparation of budgets of Market Committee;
7. General correspondence;
8. If any other employee viz., Clerk or Mandi Supervisor or Auction Recorder is posted to assist Head Clerk-cum-Accountant the work shall route through Head Clerk-cum- Accountant. Where there are more than one posts of Head Clerk-cum-Accountant the work shall be divided among them by the Secretary, Market Committee according to the local needs and circumstances.

(2). Mandi Supervisor-cum-Fee Collector. - 1. Collection of fees;
2. Accounts checking of dealers when authorised by Secretary;
3. Mandi inspecting;
4. Enforcement of the Act, Rules and Bye-laws;
5. To supervise auction, weighment and market transactions;
6. In-charge of the work in the market area;
7. Seasonal arrangements.

(3) Auction Recorder. -1. To start auction;
2. To record auction in the register in Form 'H' of the rules;
3. To ensure entries in Heap Register or Boli Bahis;
4. Cross checking of Sale-purchase returns in Form 'M';
5. Cross checking of gate register with Form 'M' returns;
6. To maintain gate register;
7. To collect market fee where need be;
8. To assist Mandi Supervisor in accounts checking;
9. To maintain account of market fee in Dealer Ledger;
10. To maintain revenue stamp register;

(4). Clerk. - 1. Receipt;
2. Despatch;
3. Type;
4. Record Keeping;
5. Maintenance of stamp register;
6. To assist the Head Clerk-cum-Accountant in matters pertaining to general correspondence and accounts;
7. Store, Stock and Statitionery;

(5) Kanda Moharar. - 1. To weigh loaded and empty vehicles and agricultural produce on the weigh-bridge of market committee;
2. To issue receipts in token of having received weighment charges;
3. To issue certificate of weighment;
4. Maintenance of accounts of weighment charges;

(6) Care Taker. - 1. Work connected with the rest house of the Committee;
2. Maintenance of equipment of the rest house like beddings, sheets, cots, utensils, furniture, fixture etc;
3. Maintenance of register of persons staying in the rest house;
4. To receive fees for stay in the rest house and keep its account.

(3) Secretary of the committee [or when directed by concerned District Mandi Officer] may add or modify or allocate the duties according to the local needs and circumstances. Secretary of the Committee may also 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.

(4) Secretary of the Market Committee shall be competent to grant earned leave upto one month, casual leaves and annual increments of the employees of the Committee.

(5) No case of promotion or efficiency bar or punishment or leave shall be considered by the committee without obtaining and considering a report from the Secreatry.]

[(6) Secretary of the Committee shall be competent authority to initiate disciplinary action and to award minor punishment to the employees of the Market Committee. where the disciplinary action is of such a serious nature as to call for a major Punishment to an employee, Secretary of Committee may initiate departmental proceedings. However, before awarding any punishment, Secretary shall place the matter before committee for decision.]

(7) Where serious disciplinary action is called for against any employees of the Market Committee, the Secretary of the Committee may with approval of the District Mandi Officer and shall when direction to this effect is issued by the District Mandi Officer or any other officer authorized by the Secretary of the Board, suspend the concerned employee pending disciplinary action against him.

Explantion :- The instances of disciplinary action for the purpose of sub-clause (7) shall be as under -

(i) Embezzlement;

(ii) Non-checking of register in Form 'F' or any other alternative register in place of Form 'F' permitted by the Secretary Board;

(iii) Non-recoding of agricultural produce in register in Form 'H' or gate register any other such register prescribed in rules or byelaws or by the Committee or the Secretary Board;

(iv) Absence from duty without any tangible or valid reason;

(v) Grave misconduct.

(8) The Provision of sub-clauses (6) and (7) is without prejudice to the powers of the Committee and the Board under Section 20(2) of the Act.

(9) The Secretary of the Board or any officer of the Board authorized by him shall be the appellate authority for orders issued under sub-clauses (6) and (7) above. The appellate authority may rescind or reverse or modify or set aside the orders passed under sub-clauses (6) and (7) above :

Provided that appeal shall be presented to the appellate within thirty days of the date of order.]

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 - [Rupee one] per 100 words or fraction thereof subject to a minimum of [Rupee two] per copy.

Balance sheet - [Rupee one] 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.

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 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 rates specified below :-

[Category 'A']

(Cotton And Wool)

Note - Out of the Charges mentioned at Serial No. 3, 0.78 paise shall be paid to the weighman and rest 1.37 paise shall be paid to the labourers engaged for this purpose.

Category 'B'

(Chillies Dry And Groundnut)

Note. - Out of the charges mentioned at Serial No. 4,0.72 paise shall be paid to the weighman and rest 1.24 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 5, 20 paise shall be paid to the labourers engaged for this purpose.

Category 'C'

(Groundnut Shelled)

 

Note.- Out of the charges mentioned at Serial No. 3,0.77 paise shall be paid to the weighman and rest 1.51 paise shall be paid to the laboures engaged for this purpose.

Out of the charges mentioned at serial No. 4, 20 paise shall be paid to the labourers engaged for this purpose.

Category 'D'

(Bajra, Urd, Moong, Sarson, Toria, Tarameera, Sunflower Seed)

(Maximum Two Sieving Operations Are Allowed)

Note-Out of the charges mentioned at Serial No. 3,0.83 paise shall be paid to the weighman and rest 1.53 paise shall be paid to the labourers engaged for this purpose.

Out of the Charges mentioned at Serial No. 4, 20 paise shall be paid to the labourers engaged for this purpose.

Category 'D-I'

(Wheat & Paddy)

(Wheat For 95 Kgs. And Paddy For 65 Kgs. Standard Unit)

(Maximum Two Sieving Operations Are Allowed For Manual Cleaning)

Note.- Out of the charges mentioned at Serial No. 3, 0.98 paise shall be paid to the weighman and rest 1.73 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 4, 20 paise shall be paid to the labourers engaged for this purpose.

Category 'D-II'

(Wheat For 50 Kgs. And Paddy For 35 Kgs. Standard Unit)

(Maximum Two Sieving Operations Are Allowed For Manual Cleaning)

Note.- Out of the charges mentioned at Serial No. 3, 0.76 paise shall be paid to the weighman and rest Rs. 1.37 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 4, 20 paise shall be paid to the labourers engaged for this purpose.

Category 'D-III'

(Paddy For 50 Kgs. Standard Unit)

(Maximum Two Sieving Operations Are Allowed For Manual Cleaning)

Note.- Out of the charges mentioned at Serial No. 3, 0.80 paise shall be paid to the weighman and rest Rs. 1.52 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 4, 20 paise shall be paid to the laboures engaged for this purpose.

Category 'D-IV'

(Wheat For 75 Kgs. Standard Unit)

(Maximum Two Sieving Operations Are Allowed For Manual Cleaning)

 

Note.- Out of the charges mentioned at Serial No. 3, 1.01 paise shall be paid to the weighman and rest Rs. 1.65 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 4, 20 paise shall be paid to the labourers engaged for this purpose.

Category 'E'

Maize, Bareily, Guara, Gram And Kabligram, Chane Kale And Safaid (If Need Be Only One Sieve May Be Allowed)

 

Note.- Out of the charges mentioned at Serial No. 3, 0.84 paise shall be paid to the weighman and rest 1.54 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 4, 20 paise shall be paid to the labourers engaged for the purpose.

Category 'F'

All Other Agricultural Produce Not Listed Above Except Fruits And Vegetables) (If Need By Only One Sieve May Be Allowed)

 

Note.- Out of the charges mentioned at Serial No. 3, 0.84 paise shall be paid to the weighman and rest 1.54 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 4, 20 paise shall be paid to the labourers engaged for this purpose.

[Category 'G']

Potato, Shakkarkandi, Dry Onion, Arbi Dry, Garlic, Ginger)

Note : Out of the charges mentioned at Serial No. 2, 30 paise shall be paid to the weighman and rest 70 paise shall be paid to the labourers engaged for this purpose.

Out of the charges mentioned at Serial No. 3, 20 paise shall be paid to the labourers engaged for this purpose.

Category 'H'

(Vegetable other than 'G' above)

 

Category 'I"

(All Fruits

[The rate of commission of Katcha Arhitya on all items of category 'A', 'B', 'C', 'D', 'E' and 'F' shall be[Rs. 2.00] per cent and [Rs. 5.00] per cent in all other item of category 'G', 'H' and 'I']

Category 'J"

(Dry and Green Fodder)

 

[Category 'K']

(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] 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.

[(6) Dressing, cleaning and sieving shall be done to the satisfaction of parties or Secreatary, Market Committee or any official authorised by him even if more then two sieving operators have to be restored to]

[(7) In the categories 'D-1' of clause (I) maximum charges of two sieving operations per unit are to be allowed in case of hand driven cleaner. In case of markets where cleaning is done by power driven cleaners, the maximum charges of Rs. 2.41 paise per unit for category 'D-I', Rs. 1.44 paise per unit for category 'D-II', Rs. 1.91 paise per unit for category 'D-III' and category 'D-IV' shall be allowed.]

[(8) The purchase agencies who have finalised and allotted the tender(s) to contractors for stitching for the whole of the year 2007-08, can make the stitching as per terms and conditions of those tenders].

[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 (3-A) 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 [Katcha Arhtia]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.

[Provided that Market Committee may, with prior approval of the Secretary Board, pay the charges of electricity consumed in running of power cleaners in part or in whole for a particular period only.]

Facility for clearing or produce also, if necessary.

(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.

[(8) The charges for stitching by machine mentioned at Sr. No. 4(a) in category A, C, D, D-I, D-II, D-III, D-IV, E, F and Sr. No. 5(a) in category B of Bye-laws 28(1) shall be maximum upto 0.75 paise per unit. The purchase agencies can also invite tenders for stitching by machine at any rate below 0.75 paise.]

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. The Heap Register maintained for seasonal markets shall contain 25 pages.

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.

That book number, serial Number, name of firm, licence number and date of validity shall be written on every page of all forms and registers prescribed under the rules of these Bye-Laws to be maintained or executived by the persons licenced.

(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 [five thousand] and in case of other Committees rupees [three 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 one thousand five hundred] and [rupees eight 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. [He shall also be competent to release the funds out of Market Committee funds for the works administratively approved/technically sanctioned to the Executive Engineer, P.W.D./B&R and Executive Engineer, Punjab Mandi Board]. 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)]

Signature of Chairman

Form B

[(See Bye-law 12(2)]

Signature of the person incharge of
the weighbridge or beam scale

Form C

(See Bye-law 13)

Report of Test Weighment

 

Signature of the person making the report

Form D

[See Bye-law 20(1)]

 

Form E

[(See Bye-law 29(2)]

[Form F]

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

[Form G]

[See Bye-law 15]

[Form H]

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

Signature

[Form I]

(See Bye-law 11-B)