The punjab agricultural produce markets act, 1961




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THE PUNJAB AGRICULTURAL PRODUCE MARKETS ACT, 1961

(PUNJAB ACT NO. 23 OF 1961)

 

Contents


 

SN

Subject


  1.  
Short title, extent and Commencement

  1.  

Definitions

2A

Construction of certain references in Act

3

State Agricultural Marketing Board, Constitution, powers and duties

3A

The powers of the board in respect of the transferred territory and the union Territory of Chandigarh

4

******

  1.  

Notification of intention of excersing control over purchase, sale, Storage and processing of agricultural produce in specified area

  1.  

Declaration of notified market area

  1.  

Declaration of market yards

  1.  

No private market to be opened in or near places declared to be markets

  1.  

Authority to whom applications for grant of license are to be made

  1.  

Applications for licences, fees to be paid and cancellation or Suspension of licences
10A

Certain persons to be licensees

  1.  

Establishment of Market Committee

  1.  

Constitution of Committee
12A

Suppression of Nominated Committees

12B

Constitution of Committees by nomination for fixed period
12C

Suppression of nominated committee

12D


Constitution of committees by nomination for fixed period

  1.  

Duties and powers of committee

  1.  

Term of office of members

  1.  

Removal of members

  1.  

Election of Chairman and Vice-Chairman

  1.  

Filling of Vacancies

17A

Election Petition

  1.  

Incorporation of Committees

  1.  

Appointment of sub-committees and joint committees and

Delegation of powers

  1.  

Appointment and salaries of officers and servants of committees

  1.  

Persons who are to be deemed public servants within the meaning of section 21 of the Indian Penal Code

  1.  

Execution of Contracts

  1.  

Levy of fees

23A

Saving of excess fee charged

  1.  

Octroi not payable on certain agricultural produce

  1.  

Marketing Development Fund

  1.  

Purpose for which the Marketing Development Fund may be expended

  1.  

Market Committee Fund

  1.  

Purposes for which the Market committee Funds may be expended

  1.  

Liability of member or employee of Committees or the Board

  1.  

No Trade Allowance permissible except as prescribed

  1.  

Bar of suit in absence of notice

  1.  

Power to borrow

  1.  

Power to call information, inspect, enforce attendance and to suspend actions, etc. of Committee

33A

Power to order production of accounts and power of entry, inspection and seizure

33B

Power to stop vehicles

  1.  

Acquisition of land for the Board and Committee

  1.  

Suppression of Committees

  1.  

Emergency powers

  1.  

Penalties

  1.  

Power of State Government to amend the Schedule

  1.  

Trial of offences

  1.  

Appeal

  1.  

Recovery of sums due to State Government from Committee

41A

Power of State Government to issue directions to Board

  1.  

Revision

  1.  

Power to make rules

  1.  

Bye-laws

  1.  

Power to write off irrecoverable fees, etc

  1.  

Power to compound offences

  1.  

Repeal and Savings

 

 

THE PUNJAB AGRICULTURAL PRODUCE MARKETS ACT, 1961



(PUNJAB ACT NO. 23 OF 1961)

 

(Received the assent of the president of India on the 18th May, 1961, and first published for general information in the PUNJAB GOVERNMENT GAZETTE (EXTRA ORDINARY), Legislative Supplement, of the 26th May, 1961.)



 

An Act to consolidate and amend the law relating to the better regulation of the purchase, sale, storage and processing of agricultural produce and the establishment of markets for agricultural produce in the State of Punjab.

 

Be it enacted by the Legislature of the State of Punjab in the Twelth Year of the Republic of India as follows:-



 

1. Short title, extent and commencement (1) - This Act may be called the Punjab Agricultural Produce Markets Act, 1961.



 

1[ (2) It extends to the States of Punjab and Haryana, the territories transferred to the Union Territory of Himachal Pradesh under section 5 of Punjab Reorganization Act, 1966 (31 of 1966) and the Union Territory of Chandigarh .)

 

(3)   It shall come into force at once.



 

2.      Definitions - In this Act, unless the context otherwise requires: -

 

(a)              “agricultural produce” means all produce , whether processed or not, of agriculture, not, of agriculture horticulture, animal husbandry or forest as specified in the schedule to this Act;



 

(b)              ”Board“ means the Punjab State Agricultural Marketing Board or the Haryana State Agricultural Marketing Board established under the Act for the State of Punjab or the State of Haryana and includes the Administrator of the union Territory of Himachal Pradesh functioning as the Board for the transferred territory and the administrator of the union Territory and the Administrators of the Union Territory of Chandigarh functioning as the Board for the Union Territory of Chandigarh.)

(c)   “Broker” means person, other than a private servant or an auctioneer, usually employed on commission to enter into contracts on behalf of others for the purchase or sale of agricultural produce;

(d)   “Committee” means a market committee established and constituted under sections 11 and 12;

(e)   “Co-operative Society” means a Co-operative society registered or deemed to be registered under the Punjab Co-operative Societies Act, 1954, [ or any other corresponding law for the time being in force} which deals in the purchaser, sale, processing, or storage of agricultural produce, or is otherwise engaged in the business of disposal of agricultural produce;

 

(f)    “dealer” means any person who within the notified market area set up, establishes or continues or allows to be continued any place for the purchaser, sale, storage, or processing of agricultural produce notified under sub-section (1) of section 6 or purchaser, sells, stores or processes such produce;



 

2[(g) “Director...................(omitted)]

 

(h) ”Godown keeper” means a person, other than a producer, who stores agricultural produce for himself for sale or stores agricultural produce of others in lieu of storage charges;



 

3[(hh) “ licensee” means a person to whom a licence is granted under section 10 and the rules made under this Act and includes any person who buys or sells agricultural produce and to whom a licence is granted as Kacha Arhtia or commission agent or otherwise but does not include a person licensed under section 13; ]

 

(i)                “market” means a market established and regulated under this Act for the notified market area, and includes a market proper , a principal market yard and sub-market yard;



(j)                4[“Marketing officer” .................... omitted ]

 

(k)   “market proper” means any area including all lands with the buildings thereon, within such distance of the principal market or sub-market yard, as may be notified in the official gazette by the state Government , to be a market proper;



 

5(kk) “member” includes the chairman of the Board;]

 

(L)             “notified market area” means any area notified under section 6;



  1. (l)     “Prescribed” means prescribed by the rules made under this Act;

 

1 Inserted by G.O.I.S. O. No. 3021, dated 18th July, 1969.

2                                          Omitted vide Punjab Act No. 13 of 1979.

3                                          Inserted by Punjab Act 34 of 1976.

4                                          Omitted by Punjab Act 40 of 1963.

5                                          Inserted by Punjab Act 40 of 1963.

 

 



(n) “Principal market yard” and “sub-market yard” mean an enclosure building or locality declare to be a principal market yard and sub-market yard under section 7;

 

(o)              “Producer” means a person who in his normal course of avocation grows, manufactures, rears or producers, as the case may be, agricultural produce personally, through tenants or otherwise, but does not include a person who works as a dealer or a broker or who is a partner of a firm of dealers or brokers or is otherwise engaged in the business if disposal of Agricultural produce other than that grown, manufacture, reared, or produced by himself, through his tenants or otherwise, If a question arises as to whether any person is a producer or not for the purposes of this Act, the decision of the Deputy commissioner of the District in which the person carries on his business or profession shall be final ;



 

Producer that no person shall be disqualified from being a producer merely on the ground that he is a member of a cooperative society;

Explanation:- The term ‘producer’ shall also include tenant.

(p)              1[“region” ...................................... omitted ]

 

(q)              “retail sale” mean sale of agricultural produce not exceeding such quantity as may be prescribed ;



(r)               “secretary” means the Executive officer of a committee and includes an assistant secretary or a person officiating or acting as secretary ;

(s)               “Trade allowance” includes an allowances having the sanction of custom in the notified market area concerned and market charges payable to various functionaries.



2[(t) “transferred territory” means the territory transferred to the union territory of Himachal Pradesh under section 5 of the Punjab Reorganization Act, 1966 (31 of 1966)].

 

3[2 A. Construction of certain references in The Act - In the application of the provisions of this Act, -

(1)              to the state of Haryana, any reference therein to any expression mentioned in column :-


  1. (1)   Of the table below shall be construed as a reference to the corresponding expression mentioned in column (2) of the said Table.

1.        Deleted by G.O.I.S.O. No. 3021, Dated 18th July, 1969.

2.          Inserted clause (t) by G.O.I.S.O. No. 3021 dated 18th July, 1969.

3.           Inserted by G.O.I.S.O. No. 3021 dated 18th July, 1969.

 

 

TABLE


 

State Government Punjab State or state Of Punjab except in section 1 of the Act. State Agricultural Marketing Board.

Government of the State Of Haryana. State of Haryana. Haryana State Agricultural Marketing Board.

 

(2) To the territory transferred to Himachal Pradesh any reference therein to any expression mentioned in column (1) of the Table below shall be construed as a reference to the corresponding expression mentioned in column (2) of the said Table.




TABLE


 

State Government Punjab State or state Of Punjab except in section 1 of the Act. State Agricultural Marketing Board.

Administrator of the Union Territory of Himachal Pradesh. Transferred territory. Administrator of the Union Territory of Himachal Pradesh.

 

(3)to the Union Territory of Chandigarh, any reference, therein to any expression mentioned in column (1) of the Table below shall be construed as a reference to the corresponding expression mentioned in column (2) of the said Table .

 

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