|THE ANDHRA PRADESH (AGRICULTURAL
PRODUCE AND LIVESTOCK)
MARKETS RULES 1969
[G.O.Ms.No. 1900, Food and Agriculture (Legislation), 17lh October, Unpublished in Issue No. 27 of R.S. to Part II — Extraordinary of the Andhra Pradesh Gazette, dated 21-10-1969]
In exercise of Ihe powers conferred by section 33 of the Andhra Pradesh (Agricultural Produce and Livestock), Markets Act, 3 966 (Act 16 of 1966), and in supersession of all the rules on the subject made under the Acts repealed by section 36 of the said Act, ihe Governor of Andhra Pradesh hereby makes ihe following rules, the same having been previously published at pages 460-578 of ihe Rules Supplement hi Part II (19) of the Andhra Pradesh Gazette, dated the 23rd November, 1967 as required by sub-section (4) of section 33 of the said Act.
CHAPTER I - PRELIMINARY
1. Short title, extent and commencement: (1) These Rules may be called the Andhra Pradesh (Agricultural Produce and Livestock) Markets Rules, 1969.
They shall extend to the whole of the State of Andhra Pradesh.
They shall come into force at once.
2. Definitions: In these rules, unless the context otherwise requires:
(i) 'Act' means the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966;
(ii) 'amanat patti' means a storage slip or voucher wherein a commission agent records the entries of a notified agricultural produce or product of livestock stored or kept with him by a seller and amount of money, if any, advanced by him to the seller on the pledge of such notified commodity;
(iii) 'Assistant Director of Marketing' means the Assistant Director of Marketing in whose jurisdiction the notified area of the market committee is situated;
(iv) 'broker' means an agent whose ordinary course of business is to negotiate and make contracts on payments of brokerage for purchase or sale of notified agricultural produce or livestock or products of livestock on behalf of his principal but does not include a servant of such principal whether engaged in negotiating or making such contracts;
(v) 'bye-law' means a bye-law made by a market committee or by the Director
(vi) 'Chungdi' means the residue of a lot of a notified commodity which is left over alter weighing such lot in units of weighment; and which form a fraction of a unit of weighment;
(vii) 'Collector' means the Collector of the District in which notified area of the market committee is situated;
(viii) ‘Commission agent' means a person who, on behalf of another person and in consideration of a commission makes or offers to make a purchase or sale of any agricultural produce, livestock or products of livestock or docs or offers to do anything necessary for completing or carrying out such purchase or sale and includes "adatya".
(ix) 'Director’ means the Director of Marketing,
(x) 'emoluments' means pay, leave salary, subsistence grant or allowances classed as pay in the rules or regulations applicable to the officers and employees of the market committee;
(xi) 'Family' means :-
(a) in the case of a male subscriber to the provident fund, the wife and children of the subscriber and the widow and children of a deceased son of the subscriber;
Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased, under the customary law of the community to which she belongs, to be entitled to maintenance, she shall henceforth be deemed to he no longer a member of the subscriber's family in matters to which these rules relate unless, the subscriber subsequently indicates by express notice in writing to the Secretary that she shall continue to be so regarded; and
(b) in the case of a female subscriber to the provident fund, the husband, children of the subscriber and the widow and children of a deceased son of the subscriber;
Provided that if a subscriber by notice in writing to the Secretary expresses her desire to exclude her husband from her family, the
husband shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her notice excluding him;
Explanation: For the purpose of this clause :-
'Children' means legitimate children;
an adopted child shall be considered to be a child when the
Secretary is satisfied that under the personal law of the subscriber,
adoption is legally recognised;
(xii) 'Form' means a form appended to these rules;
(xiii)'Hamal’ means a person licensed by a market committee to render service on wages in handling of a notified commodity in the market and includes woman labourer;
(xiv)'Leave’ means any kind of leave recognised by the rules or regulations applicable to the officers and employees of Market Committee;
(xv) 'Market Engineer' means an Engineer not below the rank of an Assistant Engineer of the Marketing Department, Public Works Department,; Roads and Buildings Department or Public Health Department having jurisdiction over the notified area of the market committee;
(xvi)'Notified commodity' means a notified agricultural produce or a notified product of livestock or both;
(xvii) 'Office of the Market Committee' means the place where the headquarters of the market committee is located;
(xviii) 'Polling Officer' means an officer of the Marketing Department appointed under rule 13 by the Election Officer, to conduct elections of the persons licensed under sub-section (1) of section 7;
(xix)'Processing' means powdering, crushing, decorticating, dehusking. parboiling, polishing, ginning, pressing, curing or any other treatment to which an agricultural produce or products of livestock is subjected to before final consumption;
(xx) 'Secretary' means the Secretary of the market committee;
(xxi) 'Section' means a section of the Act;
(xxii) 'Takpatti' means a voucher wherein any commission agent
records, the entries of the notified agricultural produce, livestock
and products, of livestock sold through him and the sale proceeds
paid to the seller;
(xxiii) 'Trader' means a person ordinarily engaged in the business of
buying and selling of notified agricultural produce, livestock or
products of livestock as a principal or as a duly authorised agent of
one or more principals and includes a person ordinarily engaged in
the business of processing of notified agricultural produce, or
products of livestock;
(xxiv) 'Warehouseman’ means a person who arranges for the storage
of any notified commodity: i
(xxv) 'Weighman' means a person who weights or counts a
consignment of the notified agricultural produce, livestock, or products of livestock:
(xxvi) 'Year' means the financial year.
PUBLICATION, ETC., OF NOTIFICATIONS RELATING TO NOTIFIED AREAS
3. Manner of Publication of Notifications — (1) Every notification under section 3 declaring a notified area or excluding therefrom or including therein any area shall be published in the Andhra Pradesh Gazette.
(2) Copies of such notification may be —
published in the Village Supplement of the District Gazette, if any,
in the district concerned;
displayed, by affixture in a consipicuous position, in the office of
the Municipality, Zilla Parishad, Panchayat Samithi, and Gram
Panchayat, and the Village Chavadi of the village within whose
jurisdiction the area specified in such notification or any part
thereof is situated.
(3) No notification under section 3 published in the Andhra Pradesh
Gazette, shall be deemed to be invalid by reason only of the fact that copies
thereof have not been published or displayed as provided in sub-rule (2).
4. Copy of Act, Rules and Bye-laws to be kept: The market committee shall keep a copy of the Act, and of the rules and notifications made or issued there under and of its bye-laws open to inspection at its office, free of charge.
CHAPTER - III
THE COMPOSITION OF AND ELECTIONS TO MARKET
5. Composition of Market Committee: 1[(1) Every Market Committee shall consist of fourteen members and shall be constituted by the Government by notification in the following manner:-
(i) Eight members to be appointed by the Government in consultation with the Director of Marketing from among the following categories of growers of agricultural produce, owners of livestock and products of livestock in the notified area namely:-
growers of agricultural produce who are small farmers:
growers of agricultural produce other than small farmers;
owners of livestock and products of livestock.
Provided that there shall atleast be three members from among persons belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, Minorities and Women:
Provided further that there shall be atleast two members representing the category of small farmers:
(ii) One member to be appointed by the Government from among the
Presidents or persons in charge, if nay, for the time being
performing the functions of primary Agricultural Co-operative
Societies or the Co-operative Marketing Societies having areas of
operation within the notified area:
(iii) The Assistant Director of Agricultural or Assistant Director of Horticulture or Assistant Director of Animal Husbandry or Assistant Director of Fisheries having jurisdiction over the notified area or any other officer nominated in this behalf by the concerned Head of Department.
(iv) Chairperson of the Municipality or the Sarpanch of the Gram panchayat, as the case may be, in whose jurisdiction the office of the Market Committee is located:
Provided that in the case of a Municipal Corporation constituted under any law relating to time being in force in the State, one person as may be nominated by the Corporation shall represent the
Corporation in the Agricultural Market Committee concerned where a notified area comprises the Corporation also.
(v) Two members to he appointed by the Government in consultation with the Director of Marketing from among the licenced traders in the notified area of whom one shall be a small trader:
(vi) The Assistant Director of Marketing having jurisdiction over the notified area or any other officer nominated in this behalf by the Director of Marketing!.
1(2) Within 30 days from the date of receipt of requisition from the Director or the Officer authorised by him in this behalf, the Deputy Registrar of Co-operative Societies having jurisdiction over the notified area of the market committee shall furnish a list of the names of the Presidents and the persons if any, for the time being performing the functions of the Presidents of the Co-operative Marketing Societies having their areas of operation within the notified area;
(3) (a) The Assistant Director of Marketing concerned shall furnish the name of Chairman of the Municipality or Sarpanch of the Gram Panchayat, as the case may be, within whose jurisdiction the office of the market committee is located, within 30 days of the requisition of the Director of Marketing.
(b) The Municipal Corporation of Hyderabad shall communicate the name of its representative as may be nominated by the Corporation within 45 days from the date of requisition sent to the Commissioner, Municipal Corporation by the Director of
2[6. to 22. x x x x x]
23. Handling over charge to new Chairman or Vice-Chairman by the outgoing Chairman or Vice-Chairman –
(1) On the 3 [appointment] of a new Chairman, the outgoing Chairman or Vice-Chairman in whose place the new Chairman or Vice-Chairman has been [appointed] shall forthwith hand-over charge of Ms office to such new Chairman or Vice-Chairman, as the case may be.
(2) If the outgoing Chairman or Vice-Chairman fails or refuses to handover charge of his office as required under sub-rule (1), the Director or any officer empowered by the Director in this behalf may, by order, in writing direct the Chairman or Vice-Chairman, as the case may be, to handover charge of his office and all records and property of the market committee forthwith, if any, in his possession as such Chairman or Vice-Chairman, to the new Chairman or Vice-Chairman.
24. Resignation of office by Chairman or Vice-Chairman - The
Chairman or Vice-Chairman may resign his office as such Chairman or Vice-Chairman by giving notice in writing to the market committee. Except in a case where the person resigning delivers the notice of resignation personally to the Secretary, the Secretary shall on receipt of notice of resignation obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice is placed before the market committee.
25. Resignation or removal of a member of a Market Committee -
fl) Any member other than the Chairman or Vice-Chairman may resign his office by giving notice to the Chairman and such resignation shall take effect on the date on which it is received by the Chairman, Such resignation of the member accepted by the Chairman shall be brought to the notice of the Director of Marketing immediately and the Market Committee in its next meeting.
(2) Any member of a Market Committee may be removed by the Government -
if he acts in a manner which in the opinion of the Government is
prejudicial to the working of the market committee, or
if he is convicted by a Court of Law for any one or more offences
under the Act or any other Act or the rules or bye-laws made
thereunder unless a period of three years has elapsed from the dale
of expiry of such conviction, or
if he becomes of unsound mind and stands so declared by a
competent court, or
if he is employed as a paid legal practitioner on behalf of the market
committee or as legal practitioner against the market committee or
as an officer or servant under the Act.
Explanation: For the purpose of this sub-rule a member of a market committee shall be considered by the Government to have acted in a manner, prejudicial to the working of the market committee, if on the receipt of a
report from the Chairman through the Director supported by such evidence, if any, as may be produced, the Government are satisfied that -
(i) he openly or secretly organised some or all traders against their assemblage at the competitive auctions of the notified agricultural produce, livestock or products of livestock with a view to depress the market prices thereby forcing the sellers to part with their commodities at lower prices; or.
(ii) he himself persuaded or organised others to persuade the sellers to sell their notified agricultural produce, livestock or products of livestock in his premises or premises belonging to others without the channel of the market with a view to earning, without the notice or knowledge of the market committee, for himself and others in whose premises the sales are to take place unauthorised allowances from such sales, or
(iii) he himself or in collusion with others wilfully disobeys or refuses to carry out, the provisions of the Act and of the rules or the bye-laws made thereunder which regulate the payment of licence fees,market fees or any other fees or refuses to pay any arrears of amount due to the market committee or sale proceeds of the notified commodities due to a seller or commission agent with a view to deprive the market committee of its financial resources or with a view to force the sellers or commission agents to bargain with the sellers to the latter's advantage.
(iv) he himself or in connivance with others organises strikes or helps the organisation of strikes by weighmen, hamals, motor lorry drivers, cartmen, or other functionaries of the market for gaining higher emoluments or any other concessions from the market committee, buyers, sellers or commission agents.
(3) (i) The Government shall, before taking action under sub-rule
(2) issue a notice calling upon the member of the market committee concerned to show cause within such time as may be specified therein, not being less than seven days from the service thereof, why he should not be removed as a member of the market committee and consider his reply thereto, if any, received from the member before the expiry of the time specified in the notice.,
(ii) The Government shall also send a copy of the notice referred to in clause (i) to the market committee concerned for information.
CHAPTER - IV
POWERS AND FUNCTIONS OF THE MARKET
COMMITTEE ETC., AND THE CONDUCT OF BUSINESS
AT ITS MEETINGS ETC.
26. Control of Market - (1) (a) The Market Committee shall have absolute control over the market and subject to these rules and to the orders of the Government and to such control as is by these rules or by any other law invested in the Director, District Collector or the Government, shall manage its affairs having due regard always to the convenience and best interests of the trade in the notified agricultural produce, livestock or products of livestock.
(b) For exercising the above control effectively, the market committee shall entrust the management of each market to the Assistant Secretary, if any appointed or to the Supervisor, if no such Assistant Secretary is appointed. The Assistant Secretary or the Supervisor, as the case may be, shall manage the market under the direct supervision of the Secretary.
The market shall be open for trading at such hours as the market
committee may, from time to time, fix.
Carts, vehicles and animals intended to transport notified
commodities shall be kept or allowed to remain at such stands or places and
for such lime, as may be earmarked by the market committee.
The notified agricultural produce, livestock or products of livestock
intended for sale shall be exhibited at such places and in such manner and at
such times as may be permitted by the market committee.
The ingress and egress in the market area shall be permitted to such
persons and at such times as the market committee may deem proper;
Provided that no person licenced under the Act shall be prevented from entering the market during any time, when it is open to the public.
27. Powers and duties of market committees - The market committee shall --
(i) implement the provisions of the Act and of the rules and bye-laws made thereunder in the market area;
(ii) implement the directions given by the Government from time to time, in the establishment and development of markets;
(iii) maintain and manage the market yards;
(iv) provide necessary facilities for the marketing of notified agricultural produce, livestock or products of livestock in the market area;
(v) supervise the conduct of the market functionaries;
(vi) regulate the opening, closing and suspending of transactions in a market yard;
(vii) enforce the conditions of a licence;
(viii) regulate the making, execution and enforcement or cancellation of agreements of sales, the weighment, delivery, payment and all other matters relating to the marketing of notified agricultural produce, livestock or products of livestock;
(ix) provide for the settlement of all disputes between the seller and the buyer and others arising out of any kind of transaction connected " with the marketing of a notified agricultural produce, livestock or products of livestock and all matters ancilliary thereto;
(x) collect, maintain and disseminate information in respect of -
(a) sale-prices and movement of notified agricultural produce,
livestock or products of livestock; and
(b) production, processing and storage of notified commodities;
(xi) take all possible steps to prevent adulteration and to promote grading and standardization of no tilled commodities:
(xii) levy, recover and receive fees, subscriptions and other sums of money to which the market committee is entitled;
(xiii)employ necessary number of officers and servants for the efficient implementation of the provisions of the Act and of the rules or bye-laws made thereunder;
(xiv)conduct the auction of notified agricultural produce, livestock or products of livestock strictly in accordance with the procedure laid down therefore under these rules or the bye-laws of the market committee;
(xv) ensure correct weighment of notified commodities;
(xvi) regulate the entry of persons and the vehicular traffic into the market yard;
(xvii) prosecute persons for violating the provisions of the Act or of the rules and the bye-laws made thereunder;
(xviii) acquire, hold and dispose of any movable or immovable property for the purpose of efficiently carrying out its duties;
(xix) institute or defend any suit, action, proceeding, application or arbitration and compromise any such suit, action, proceeding, application or arbitration;
(xx) provide facilities, such as provision of adequate space for direct sales by a producer and assist a producer by preparing invoices and bills on his behalf when he sells his produce to a trader without employing a commission agent.
28. Powers and duties of Chairman and Vice-Chairman –
(1) The Chairman of the Market Committee shall be the Chief Controlling and
supervising authority of the market committee. All officers and servants of the
market committee shall, subject to the provisions of the Act and of the rules
and bye-laws and to the directions, if any given by the market committee, be
subject to his control. .
(2) The Chairman shall -
preside over the meetings of the market committee and of every
sub-committee thereof and conduct business at such meetings;
control the financial and executive administration of the market
exercise general supervision and control over the officers and
servants employed in connection with the affairs of the market
committee (whether such officers or servants are Government
servants or not);
in case of emergency, direct the execution or stoppage of any work
or the doing of any act which requires the sanction of the market
(3) The Vice-Chairman shall --
in the absence of the Chairman, preside over the meetings of the
exercise such powers and perform such duties of the Chairman as
the Chairman may. from time to time, delegate to him; and
(c) exercise the powers and perform the duties of the Chairman during
the absence of the Chairman on account of a vacancy in the office
of the Chairman or otherwise.
(4) In the absence of froth the Chairman and Vice-Chairman, the member elected by the meeting shall preside over such meeting of the market committee.