Pak Law: Agriculture Produce Markets Act, 1939

The Agriculture Produce Markets Act, 1939

An Act to provide for the better regulation of the purchase and sale of agriculture produce and the establishment of markets for agricultural produces in the province of West Pakistan.

Preamble:- Whereas it is expedient to provide for the better regulation of the purchase ands sale of agriculture produce in the province of West Pakistan and for that purpose to establish markets and make rule for their proper administration, in the manner hereinafter appearing.

It is hereby enacted as follows:---

01. Short Title and Extent:- (1) This Act may be called the agricultural Produce Market Act, 1939.

(2) It extends to the whole of West Pakistan except the tribal areas.

02. Definition:- In this Act, unless there is any thing repugnant in the subject or context:-

(a) “Agricultural Produce” means agricultural or horticultural Produce, Livestock or poultry and products and bye-products there of notification in the Schedule, provided that Government may, by notification in the official Gazette, add to, or omit any agricultural produce or their bye-products specified in the Schedule.

(aa) “Dealer” means any person not being a grower who within the notified market area sets up, establishes or continues or allows to be continues any place for the purchase or sale of the agricultural produce notified under sub-section (1) of Section 4 or purchases or sales, such agricultural produce.

(b) “Government” means the Provincial Government of West Pakistan.

(c) Grower means a person who grows agricultural produce personally, through tenants or otherwise but shall not include a grower who work as a dealer or broker or who is partner of a firm of dealers or brokers or is otherwise engaged in the business of disposal or storage of agricultural produce:---

Provided that no person shall be disqualified from being a grower on the ground only that he is member of a society registered under the Cooperative Societies Act, 1912, which deals in the purchase or sale of agricultural produce or is otherwise engaged in the business of disposal or storage of agricultural produce.

If a question arises as to whether any person is a grower or not for the purpose of this Act, the decision of the Deputy Commissioner of the district in which the notified area is situated shall be final.

(d) “Market” means a building, block of buildings, enclosure or other area, which may be so notified in accordance with the rules made under this Act.

(e) “Notified Market Area” means any area notified under Section-4.

(f) “Prescribed” means prescribed by rules or bye-laws made under this Act.

(g) “Trade Allowance” include such allowances as have the sanction of custom in the notified area concerned.

(h) “Warehouseman” includes a person who stores agricultural produce not belonging to him and changes rent therefore, in any form from the person at whose instance the said produce is so stored.

03. Notification of intention of exercising control over purchase and sale of agricultural produce in specified area. The Government may, by notification, declare its intention in exercising control over the purchase and sale of such agricultural produce and in such area as may be specified in the notification. Such notification shall state that any objections or suggestions, which may be received by Government within a period to be specified in the notification, will be considered.

Provided such period shall not be less than one month.

04. Declaration of Notified area:-

(1) After expiry of the period specified in the notification under the expiry of the objections periods, the Government may, by notification and in any other manner that may be prescribed declare the area notified under Sec. 3 or any portion thereof to be a notified market area for the purposes of this Act in respect of the agricultural produce notified under Section 3, or any part thereof.

(2) After the date of such notification and on the establishment of market committee under section 7, no person notwithstanding anything contained in any other Law unless exempted under this Act shall, within the notified market area, set-up or establish or use any place for the purchase storage or sale of any agricultural produce except in accordance with the terms and conditions of license.

Provided that a License shall not be required by a grower who sells himself or through a bonafide agent his own agricultural produce or the agricultural produce of his tenants on their behalf or by a person who purchases any agricultural produce for his private use.

*1. “Provided further that person carrying out such business immediately before the publication of the notification under sub-section (1) shall if be applies for a License under Section-6 within thirty days of the publication of the notification or the date notified thereby, continue to do until the question of grant of the License is decided against him”.

(2) (3) Government may, in accordance with the provisions of sub-section (1) exclude any area from or include any area to, any notified market area”.

4-A. Mode of Trading Agricultural produce entering into a notified market area for the purpose of whole sale transaction shall be brought by or sold to the Licensed dealers by open auction in the prescribed manner and in case such agriculture produce cannot be sold open auction, it may be sold so fixed.

Provided that where a floor or minimum price is fixed by or under any law the agricultural produce shall not be bought or sold at a lower than the authority to whom an application may be made for the grant of a License.

05. Authority to whom Application for grant of Licenses are to be made:- The Government shall be rule made-under this Act, specify the authority to whom an application may be made for the grant of a License.

06. License and the fees:-

(1) Any person who work or wishes to work as a dealer in a notified market area shall apply on the prescribed From to the Market Committee concerned for a License or for the renewal conditions and on payment of such fee not exceeding one thousand rupees per annum as may be prescribed:

Provided that no fee shall be charged from dealer who is a Cooperative Society registered under the Sind Co-operative Society Act, 1925.

(2) License under this Act, shall not be granted to a person who.

(a) is minor other than that who inherits the business; or

(b) is found to be un-sound mind by a Court of competent jurisdiction; or

(d) has been found guilty of criminal mis-appropriation or criminal breach of trust or cheating or any other offence involving moral turpitude or abetment jurisdiction; provided that this disqualification will not operate if a period of three years has elapsed since the completion of the sentence imposed on any person in respect of any such offence.

(3) If any person carrying on business of a dealer in a notified market area immediately before the date of publication of the notification under Section-4, fails to apply for a License within thirty days form such date, the fee as specified below in each with the market committee:-

(i) Upto three months one thousand rupees.

(ii) Upto six months two thousand rupees.

(iii) Exceeding six months three thousand rupees.

(4) The Market Committee may, on being satisfied that there has been a breach of any of the conditions of a License shall not be renewed for such period not exceeding four months for the first breach as may be specified in that order:

Provided that no such order shall be passed without giving the License an opportunity to show cause within fifteen days from the date of issue of the show cause notice.

(5) Any person aggrieved by an order passed under sub-section-(4) may at any time within one month of the passing of the order appeal to the Assistant Director, Bureau of Supply and Prices of the district against such order, and the order passed in appear, shall be final.

07. Constitution of the Committee:- The Government shall by notification establish a market committee for every notified market area.

08. Constitution of the Committee:-

(1) A market committee shall constitute of ten or eighteen members as Government may in each case determine.

(2) Of these members some may be appointed by Government from amongst the salaried servants of the State by virtue of his office.

(3)*1. The remaining members shall be appointed by Government in the manner provided hereunder, that is to say:

(a) If the committee is to consist of 10 members, there shall be appointed.

(i) Five members from growers of the notified market area.

(ii) Three members from persons carrying on Business in Agricultural Produce

including the Business as broker, weighmen, measurer or surveyor; and

(iii) One member from amongst the consumers to be nominated by the Deputy Commissioner from amongst the members of the council or councils constituted under the Sind Local Government ordinance, 1979, having jurisdiction in the notified market areas; and

(b) If the committee is to consist of eighteen members, there shall be appointed.

04. (i) Nine members from frowers of the notified market area.

05. (ii) Six members from persons carrying on business in agricultural produce including the business as brokers, weighman, measurer or surveyor; and

06. (iii) Two members from amongst the consumers to be nominated by the Deputy Commissioner from amongst the members of the council or councils constituted under the Sind Local Government ordinance 1979, having jurisdiction in the notified market area”.

(4) Omitted.

(5) Omitted.

(6) No Act done by the committee shall be called into question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the committee.

09. Duties of the Committee:-

(1) A Market committee shall.

(i) Enforce the provisions of this Act, and the rules and bye-laws made thereby.

(ii) Arrange open auction of the agricultural produce referred to in Section 4-A, and supervise all operation connected therewith including correct weighment and timely payment of its price in the prescribed manner;

(iii) If it considers necessary or if so directed by Government, establish one or more fair price shops and for that purpose buy, sell, store (including storing in cold storage) agricultural produce in the prescribed manner;

(iv) If the financial resources as permit set up or acquire markets, warehouses, cold-storages (including refrigerated mobile vans, for the benefit and facility of growers, dealers and other market functionaries in the prescribed manner;

(v) Undertake any other duty or duties under this Act as Government may, from time to time, direct”.

(2) Subject to such rules as the Government may make in this behalf, it shall be the duty of the Market Committee to issue Licenses to brokers, weighman, measurer, surveyor, werehousemen, changers, palladars, boriottos and roles, for carrying on their occupation in the market area in respect of agricultural produce as defined in this Act, and to renew, suspend or cancel such Licenses.

(3) No broker, weighmen, measurer, surveyor, warehouseman, changer, palladar, boriotta and rola, shall, unless duly authorized by License, carry on his occupation in a notified market area in respect of agricultural produce as defined in this Act.

10. Period Of Office Of Members:- Subject to the provisions of Section-13, every member shall hold office for a period of three years from the date of his appointment and if, when such period expired, no person has been appointed to succeed him, such member shall unless the Government otherwise directs, continue to hold office until his successor is appointed.

11. Removal Of Members:- The Government may at any; time during the period of his office remove by notification any member if such member has, in their opinion, being guilty of misconduct or neglect of duty has been wrongly or improperly appointed or has lost the qualification on the strength of which he was appointed or whose continuance as member in the opinion of Government is not desirable.

12. Election Of Chairman and Vice-Chairman:- Every market Committee shall elect from amongst its members a chairman and a Vice-Chairman.

13. Filling Of Vacancies:- If through death, resignation, transfer residence outside the province, inability to Act as a member of the committee or removal in accordance with the provision of section-11, any vacancy occurs, Government may appoint a member to fill such vacancy in accordance with the provision of Section-8.

Provided that the term of office of the members so appointed shall expire on the same date as the term of office of the vacating member would have expired had the later held office, for the full period allowed under Section-10, unless there be delay in appointing a new member to succeed the member first mentioned above, in which his successor is appointed by the Government.

14. Incorporation Of Committee:- Every market committee shall be a body, corporate by such name as the Government may specify in the notification establishing it, shall have perpetual succession and a common seal, may sue and be sued in its corporate name and shall subject to the provisions of Section-24, be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which my have become vested in or been acquired by it, and to contract and to do all other things necessary for the purposes for which it was established.

Provided that no committee shall permanently transfer any immovable property except in pursuance of a resolution passed at a meeting specially convened for the purpose by the majority of not less than three-fourths of the members of the committee.

15. Sub-Committee And Joint Committee and Delegation Of Powers:- The market committee may appoint two or more of its member to be a sub-Committee for the conduct of any work or to report on any matter and may delegate to any one or more of its members and withdraw from him or them such of its powers or duties and in such manner as may be prescribed.

16. Appointment and Salaries Of Officers And Servants Of Market Committee:-

(1) Subject to such rules as may be made by the Government in this behalf, a market committee may employ such persons as may be necessary for the management of the market may pay such persons such salaries as it may think, fit and shall have power to control and punish them. The payment to its employees of such lease compassionate and medical allowances, gratuities and pensions as it deems proper; and may contribute to any provident fund which may be established for the benefit of such employees.

(2) The Committee shall, in the case of any Government servant whom it employees, pay to Government such contribution towards the pension and leave allowances of such servant as may be payable under any regulations inforce.

(3) Notwithstanding the provision of sun-section-(1), Government may consisting of all posts in the Market Committee is grades 11 and above, and all appointments to the said service shall be made by such authority in such manner and on such terms and conditions as may be prescribed.

(4) Government or any officer or authority empowered by Government in this behalf may transfer any person in the said service from one market committee to other.

(5) All persons in the said service shall be liable to such disciplinary action and penalties as may be prescribed.

(6) The salary allowances and other benefits except retirement benefits of the persons in the said service shall be disbursed form the funds of the market committee concerned.

(7) A Market Committee shall in addition to the contributions made to the Pool Fundunder Section-19, make further contribution in the prescribed manner towards its share of retirement benefits in relation to all persons in the said services for the period of such service in such Committee.

17. Persons Who Are To Be Deemed Public Servant Within The Meaning Of Section-21, Of The Pakistan Penal Code:- Every person employed by the Market Committee under the provisions of Section-16, and every member of the Committee shall be deemed to be a public servant within the meaning of Section-21, of the Pakistan Penal Code.

18. Execution Of Contracts:-

(1) Every contract entered into be a market committee shall be in writing and shall be signed on behalf of the Market Committee by the Chairman or, if for any reason he is unable to act by the Vice-Chairman and two other members of the committee and shall be scaled with the common seal of the committee.

(2) No contract other than a contract executed as provided in sub-section-(1), shall be binding on a market committee.

19. Levy Of Fees:-

(1) Subject to the rules made in this behalf, a market committee may levy a fee on an agricultural produce bought or sold in the notified market area at such rate as may be prescribed by rules.

(2) Fifteen percent of the fee under sub-section-(1), shall be credited to a fund, hereinafter referred to as the “Market committee Pool Fund”, provided that:-

(a) No fee shall be leviable in respect of any transaction in which delivery of the agricultural produce bought or sold is not actually made, and

(b) A fee shall be leviable only on the parties to a transaction in which delivery is actually made.

19-A. Market Committee Pool Fund:-

(1) Market Committee Pool Fund shall be administered by a Committee consisting such members as may be appointed by Government.

(2) Subject to rule, the Market Committee Pool Fund shall be expended for:-

(i) Assisting the market committee by way of grant-in-aid of loans enabling them to undertake construction of new markets, modern storage accommodation, and such other works as may be approved by Government.

(ii) Meeting expenses on organizing seminars, symposiums and fairs on agricultural marketing.

(iii) Imparting training to the members and employees of the market committee and arranging study tours for them within or outside the province to improve their efficiency.

(iv) Engaging consultant of repute of undertake market surveys and commodity marketing research for future planning of marketing activities in the province.

(v) Acquisition of load carrying vehicles including refrigeration vehicles for bringing agricultural produce of the farmers to the markets.

(iv) Payment of salaries to the employees and other expenses required for administration of the fund, and

(vii) Payment of retirement benefits to the person in the Sind Market Committee Unified Grade”.

20. Market Committee Fund:-

(1) All money received by a Market Committee shall subject to the provisions of Sections-19, be paid into a fund to be called the “Market Committee Fund”. All expenditure incurred by a Market Committee under or for the purposes of this Act shall be defrayed out of the said fund, and any purples remaining after such expenditure has been met shall be invested in such manner as may be prescribed by rules.

(2) (a) Every Market Committee shall, out of its fund, pay to the Government the cost of any special or additional staff employed by the Government with the committee for giving effect to the provisions of this Act in the notified market area.

(b) The Government shall determine the cost of such special or additional staff and shall, where the staff is employed for the purpose of more market committees than one, apportion such cost among the committees concerned in such manner as they think fit. The decision of the Government determining the amount payable by any market Committee shall be final.

21. Purpose For Which The Fund May Be Expended:- Subject to the provision of Section-20, the market committee fund shall be expended for the following purpose only:

(i) The acquisition of a site or sites for the market:

(ii) The maintenance and improvement of the market:

(iii) The construction and repair building which are necessary for the purposes of such market and for the health, convenience and safety of the persons using it:

(iv) The provision and maintenance of standard weights and measures:

(v) The pay, leave compassionate and Medical leave allowances, gratuities and pension and contribution towards leave allowances or provident fund of the persons employed by the market committee.

(vi) The payment of interest on loans that may be raised for purposes of the market and the provision of a sinking fund in respect of such loans:

(vii) The collection and dissemination of information regarding all matters relating to crop statistic and marketing a respect of the agricultural improvement and thrift:

(viii) Providing comforts and facilities, such as shelter shade, parking accommodation and water for the persons, draught cattle and pack animals coming to the market, and similar other purpose which is calculated to promote the general interest of the market:

(ix) The expenses incurred in auditing the accounts of the committee:

1. (x) With previous sanction of the Government, any other purpose which is calculated to promote the general interest of the market:

(xi) For the payment of traveling allowance to the members and the employees of the market committee as prescribed:

2. (xii) Arranging agricultural exhibitions, melas, seminars, harvesting and silt cleaning competitions and awarding prizes, and

(xiii) Defraying expenses for purposes of Clauses (iii) (iv) and (v) of sub Section-(1) of Section-9.

*21-A.

(1) Every person shall be liable for the loss, water or Committee of any money or other property belonging to a Market of the Commissioner in the case of Karachi Market Committee and the Deputy Commissioner in other cases or any Gazetted Officer Specially empowered in this behalf by the Provincial Government to be the direct consequence of such person’s neglect or misconduct in the performance of given an opportunity by a written or oral representation why he should not be required to make good the loss, be surcharged with the value of such money on the paid within 14-days from the expiry of period of appeal arrears of Land Revenue.

(2) The person against whom an order under sub section-(1) us made may within one month of the notification of such order, appeal to the Commissioner who shall hence the power of confirming modifying or disallowing the surcharge.

22. No Trade Allowance Permissible Except As Prescribed By Rules Or Bye-Laws:- No trade allowance, other than an allowance prescribed by rules of bye-laws made under this act, shall be made or received in a notified market area by any person in any transaction in respect of the agricultural produce concerned and no civil court shall, in any suit or proceeding arising out of any such transaction, recognize, any trade allowance not so prescribed.

22-A

(1) The Provincial Government may, by notification direct that all or any of the disputes, other than disputes to which all the parties are dealers licensed under Section-6, arising in a notified market area, and relating to such matters connected with agricultural produce as may be prescribed by the Provincial Government, shall be referred to a Board of Arbitrators constituted under this Act.

(2) The Board shall receive and record evidence, and shall have power to administer oaths to parties and witnesses, and no requisition in writing signed by the Chairman of the Board, the Magistrate authorized by the District Magistrate in this behalf shall issue the necessary processes for the attendance of witnesses and the production of document and material object required by the Board, and may enforce the said processes as if they were processes for attendance or production before himself.

(3) No member of the Board, who has a direct interest in the matter under reference shall take part in the consideration or discussion of or vote on any question with respect to the said matter.

22-B

(1) The decision of every Board of Arbitration shall be in accordance with the majority of votes.

(2) If there is not a majority of votes in favour of any proposed decision, the opinion of the Chairman shall prevail.

(3) The decision of a Board of Arbitration shall:

(a) Be enforced by any Civil Court having jurisdiction in the same manner as a decree of such Court; and

(b) Be final and shall not be questioned in any Court.

23. Bar Of Suit In Absence Of Notice:-

(1) No suit shall be instituted against any market committee or any member, or employee therefore or any person acting under the direction of any such committee, member, or employee for anything done or purporting to be done under this Act, until the expiration of two months next after a notice in writing, stating the cause relief which he claims, has been in the case of the committee delivered or left at its office, and in the case of any such member employee as person as aforesaid delivered to him or left at his office or usual place of adobe, and plaint shall contain a statement that such notice has been so delivered or left.

“(1-A) Where any such suit is instituted without delivering or leaving such notices as aforesaid or before the expiration of the said period of two months or where the plaint shall not be entitled to any costs in settlements as regards the subject matter of the suit is reached or the committee any member or employee therefore concedes the plaintiff’s claim within the period of two months from the date of the institution of the suit:

Provided that in a Suit instituted without such notice the court shall allow not less than three months to submit its written statement”.

24. Power To Borrow:-

(1) The market committee may, with the previous sanction of the Government raise the money required for carrying on the purposes for which it is established on the security of any property vested in and belonging to the market committee and of any fees leviable by the market committee under this Act.

(2) A Market committee for the purpose of meeting the initial expenditure of lands, buildings and required for establishing the market, and for the proper discharge of the duties and functions imposed on it by or under this Act, obtain a loan from the Government on such conditions, and subject to such rules as may be prescribed.

24-A

(1) The Director General Bureau of supply and prices may be order in writing annul any proceeding of a committee or sub-committee which considers not to be in conformity with law or the rule or bye-laws in force thereunder and may do all things necessary to secure such conformity, or may suspend any resolution which it considers likely to lead to a breach of the peace, or to cause injury or annoyance to public or to any class or body of persons, or is likely to affect adversely the interest of the market committee or of growers or dealers transacting business in agricultural produce or of any class of functionaries working in the notified market area concerned.

*1. (2) The commissioner in the cause of Karachi Market Committee and the Deputy Commissioner in any other case, may by order in writing suspend within the limits of the district the execution of any resolution or order of a market committee or sub-committee or prohibit the doing within pursuance of or any act, which is being done or is about to be done in thereunder. If in his opinion, the resolution order or act is in excess of the injury or annoyance to the public or to any class or body of person, or is likely to effect adversely the interests of the produce or of any class of functionaries working in the notified market area concerned.

*2. (3) When the Commissioner or as the case may be the Deputy Commissioner makes an order under this section, he shall forthwith forward a copy thereof with a statement of his reasons for making it and the explanation if any of the market committee concerned to the

D.G. B.S.P. shall continue in force with or without modification, permanently or for such period as it thinks fit.

25. Supersession Of Market Committee:-

(1) If in the opinion of Government a market committee is incompetent or perform or persistently makes default in performing the duties imposed on it by or under this Act, or abuses its powers, the Government may by notification suspended such committee.

Provided that before issuing a notification under sub-section the Government shall give a reasonable opportunity to market committee for explanations and objections, if any of the market committee.

(2) Upon the publication of a notification under sub-section (1) superseding a market committee the following consequences shall ensue:

(a) All of the members including the chairman and Vice-Chairman of the market committee shall as from the date of such publications be deemed to have ceased to be members of the committee.

(b) All assets of the committee shall vest in Government and the Government shall be liable to all the legal liabilities of the committee existing at the date of its supersession upto the limit of the said assets.

(3) The Government may at their discretion by order constitute ether a new committee as provided under Section-7 or such other authority carrying out the functions of the committee as the Government may deem fit.

(4) (a) When the Government have made an order under sub-section (3), the assets and liabilities defined in sub-section (2) (b) vesting in the Government at the date of such order shall be deemed to have been transferred on the date of such order to the new committee or authority constituted as aforesaid.

(b)(i) Where the Government by order under sub-section(3) of the section 25 have appointed an authority other than a new committee for carrying out of the functions of the superseded committee the Government may by notification determine the period for which such authority shall act. Such period shall not be longer than three years, but whereon new committee has been constituted or succeed the authority, it shall committee has been constituted to directs, continue to hold office until a new committee is constituted;

Provide that the term of office of such authority may be terminated earlier if the Government for any reason consider it necessary.

(ii) At the expiry of the term of office of such authority a new committee shall be constituted.

(iii) Upon such an order being made the assets and liabilities vesting in the authority thereby superseded be deemed to have been transferred by such order to the new committee.

(5) Whenever the assets of a committee vest in the Government shall employ the balance of the assets remaining after the discharge of the utility in the area specified in the notification issued under the sub-section(1) of section-4.

25-A. Emergency Powers:- If at any time Government are satisfied that a situation has arisen in which the purposes of this act cannot be carried not in accordance with the provisions thereof, Government may by notification.

(a) Declare that the functions of the market committee shall to such extent as may be specified by Government or such person as they may direct; and such notification may contain such incidental and consequential provisions as may appear to Government to be necessary or desirable for giving effect to the objects of the notification.

(b) Assume to themselves all or any of the powers vested in or exercisable by any market committee.

26. Penalties:-

1. (1) Whoever the contravenes the provisions of sub-section (2) of Section-4, Section 4-A or subsection (1) of Section-6 shall on conviction, be punishable with fine which may extend to one thousand rupees, but shall not be less than five which may extend to one thousand rupees, but shall not be less than five thousand rupees and in case of a aforesaid, may extend to thirty rupees for everyday, after the date of first conviction, during which the contravention is continued.

(2) Whoever contravenes the provision of sub-section (3) of Section-9, shall on convocation be punishable with fine which may extend to one hundred rupees but shall not be less than fifty rupees and in the case of a continuing contravention with a fine which in addition to such fine as a foresaid may extend to two rupees for every day after the date of first conviction during which the contravention is continued.

(3) Whoever contravenes the provisions of Section-22 shall on conviction be punishable with fine which may extend to two hundred rupees, but shall not be less than one hundred rupees” and in case of imprisonment for a period not exceeding one month”.

27. Power To Make Rules:-

(1) The Government may either generally or specially for any notified market area or area makes rules consistent with this Act for carrying out all or any of the purposes thereof.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for:

(i) The appointment and removal of members of market committee.

(ii) The powers to be exercised and the duties to be performed by the market committees.

(iii) The election of the Chairman and Vice-Chairman of such committee their powers and term of office.

(iv) The filling of casual vacancies in the office of members or in the office of Chairman or Vice-Chairman of market committee.

(v) The time place and manner in which a contract between buyer and seller is to be entered into and the money is to be paid to the seller.

(vi) Generally for the guidance of the market committee.

(vii) Management of the market fees which may be lived by the market committee in respect of the agricultural produce bought or sold by the disposal of each fees:

(viii) The issue by a market committee of Licenses to brokers weighmen measurers surveyors warehousemen the form in which and the conditions under which such Licenses shall be issued or renewed and the fee to be charged therefore.

(ix) The place or places at which the agricultural produce shall be weighed the kind and description of the scale, weights and measures which alone may be used in transactions agricultural produce in a notified market area.

(x) The inspection, verification, regulation, correction and confiscation of scales, weights and measures in use in a notified market area.

(xi) The trade allowance, which may be made or received by any person in any transaction in an agricultural produce in a notified market area.

(xii)

(a) The constitution powers and functions of a Board of Arbitration (the manner in which reference shall be made to it)

(b) The procedure to be followed by Board of Arbitration in the disposal of references under this Act.

(d) The representation in processdings before Board of Arbitration of parties who are miners or of unsound mind or are unable to make an appearance.

(e) The regulation of the scale of costs which may be allowed in proceeding before Board of Arbitration.

(f) Prescribing and determining the amount of the fee payable in respect of any proceedings before Boards of Arbitration and, (g) The maintenance by Board of Arbitration of registers and inspection of such registers and records.

(xiii) The prohibitions of Brokers form acting in the same transaction on behalf of both the buyer and the seller of agricultural produce.

(xiv) The provision of accommodation for storing any agricultural produce brought into the market.

(xv) The preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of market committee, and the grant of sanction to such plans and estimates.

(xvi) The form in which the accounts of a market committee shall be kept the audit and publication of such accounts and the charges of any to be made for such audit.

(xvi-a) The management and regulation of provident funds which may be established by a market committee for the benefit of its employees.

(xvii) The preparation and submission for sanction of annual Budget and the reports and returns to be furnished by a market committee.

(xviii) The Investment and disposal of the surplus funds of a market committee.

(xix) The manner in which open auction under section 4-A of agricultural produce shall be conducted and bid made and accepted in any market and in case where such agriculture produce is not sold by auction manner in which it may be sold, may be prescribed by the Committee.

(xx) (Omitted by Act-1 of 1949).

(xxi) Prescribing any matters in respect of which fee shall be payable under this Act, and fixing the amount of such fees and the mode of payment and recovery thereof.

(xxii) Exemption of persons or classes of persins form the obligation Licenses shall be made.

(xxiii) Specifying the authority to which application for obligation of obtaining Licenses shall be made.

(xxiv) The realization of disposal of fees recoverable under this Act or under any rules or Bye-laws made under this Act.

(xxv) The travcling expenses that may be paid to the members and employees of market committee.

(xxvi) The setteling of any question as to whether any person is a grower or not.

(xxvii) The appointment of members of a marketing committee, and

(xxviii) The submission of a panel by person licensed non-official members of the district council and persons licensed under Section-6 and 9.

(xxix) Imposing on persons licensed under Section-4, the duty of making returns to market committee at regular intervals of transactions of sale and purchase effected by them or at their place of business and of producing accounts for inspection and furnishing information when called upon by an authority duly empowered and prescribing the form and mode of verification of and the particulars to be entered in such returns as well as the nature of such information.

(xxx) Such other matters as in the opinion of the Provincial Government are necessary or expedient to be prescribed.

(3) Any rules under this Section may provide that any contravention thereof or of any of the conditions of any License issued or renewed thereunder shall be punishable with fine which may extend to five hundred rupees.

(4) Omitted vide Section-27 of the agricultural produce market amendment Sindh ordinance No.XIII of 1980.

28. Bye-Laws:-

(1) Sunject to any rules made by the Government under Section-27, a market committee may in respect of the notified market area under its management, make bye-laws for:

(i) The regulation of business.

(ii) The conditions of trading.

(iii) The appointment and punishment of its employees and

(iv) The payment of salaries, gratuity, pension, Leave, compassionate and medical allowances to such employees.

(v) The delegation of power duties and functions of the sub-committees if any provided by Section-15.

(vi) The remuneration of different functionaries not specifically mentioned in the Act working in the notified market area and rendering any service in connection with the sale or purchase of agricultural produce and.

(vii) Such other matters as in the option of the Provincial Government as necessary or expedient to be provided for in Bye-laws, and may provide that contravention thereof shall be punishable on conviction, by a competent Magistrate with a fine which may extend to five hundred rupees.

(2) The power to make Bye-laws under this Act is subject to the condition of the Bye-laws being made after the previous publication, in such manner as may be prescribed.

(3) No Bye-laws under this Act shall have any validity until and unless it is confirmed by the Provincial Government.

(4) Before confirming any such Bye-laws the Provincial Government may modify it.

(5) The Provincial Government may cancel their confirmation of any such Bye-laws and there upon the Bye-laws shall cease to have effect.

28-A. All rules and Bye-laws made and (when confirmation is required) confirmed under this Act shall be published in the official Gazette and shall thereupon have effect as if enacted in this Act.

29. Trial Of Offences:-

*1 (1) No offence made punishable by this Act or any rule or Bye-laws made thereunder shall be tried by a Court inferior to that of Magistrate of the First Class of the concerned area or bye a Court of Mobile Magistrate of any area by holding summary proceedings.

(2) Prosecutions under this Act, may be instituted by a person duly authorized by a resolution of the market committee in this behalf.

(3) All fines received from an offender shall be paid to the Provincial revenues and grant equivalent to such fines shall be paid to the market committee.

30. Appeals:- The market committee may by a resolution, compound any offence under the Act the rules or bye-laws and may exercise this power at any time before directing prosecution, or where a prosecution has been instituted before the case is finally disposed of by trying Magistrate.

31. Recovery Of Sums Due To Government From Market Committee:- All sums due from a market committee to the Government may be recovered in the same manner as arrears of Land Revenue.

32. Delegation Of Certain Powers:- Government may by notification delegate all or any of its powers under this Act, other than the power to make rules, to the Director General Bureau of Supply and Prices Sind.

33. (1) The following enactments are hereby repealed.

(a) The Northwest Frontier Province Agricultural Produce Market Act, 1939.

(b) The Sind Agricultural Produce Market Act, 1940, and:

(2) Notwithstanding the repeal of the enactments specified in subsection (1), everything done, action taken, obligation, liability, penalty or punishment incurred, License granted, inquiry or proceeding commenced committee provisions of the person appointed or authorized, jurisdiction or power of the provisions of the said enactments, shall if not in-consistent with provisions of this act, be continued and so far as may be, be deemed to have been respectively done, taken, incurred, granted, commenced, appointed, authorized, conferred, made or issued under this Act.

33-A. Dissolution:-

(1) Government may after inviting objections from Public dissolve by notification in the Official Gazette any market committee from such date as may be specified in the Notification.

(2) From the said date all properties funds and dues which were immediately before the said date vested in or realizable by the Market committee shall vest in and realizable by Government or such authority as may be specified in the said notification, and all liabilities which immediately before the said date were enforceable against the market committee shall be assumed by and be enforceable against, Government or the aforesaid authority, as the case may be.

34. Where any time land is acquired by a market committee for carrying out any of its functions under this Act, it shall be acquired under the land Acquisition Act, 1894, and market committee shall with the prior approval of the Director General Bureau of Supply and Prices, move the Government for acquisition of Land.

“SCHEDULE”

(See clause (a) of Section-2)

AGRICULRURAL PRODUCE CEREALS

Wheat, Maida, Suji, Dalya, Barley, Paddy, Rice, Husk, Maize, Maizecobs(green and dry), Jowar, Bajra-Atta and Starch.

FIBERS:

Cotton unginned(Phutty), Lint(Cotton) and Jute fibre.

SUGAR:

Sugarcane, Sugarcane-juice, Gur, Shakkar, Molasses, Sugar desi and refined.

OIL SEEDS:

Cotton seed, linseed, Sarsoon, Tays, Taramire, Til, Palm, Soyabean, Sun-flower, Ground nut, Caster, Coconut, their oils and oil cakes.

PULSES:

Mung, Masoor, Mash Matter Moth, Gram, Beans, Arthar, Gowar and others, whole and split.

FODDERS:

Senji, Lucern, Berseem, Bajra, Jawar other than Bajradry, Maize, Paddy Straw(Palal), Barley, Wheat, Jawi, Swank, Oats and Ajwan, (green and dry) and the seeds.

FRUITS AND VEGETABLES:

All kinds of fruits (fresh and dry), dates fresh, date dry and chohara.

CONDIMENTS:

Chilies, Coriander, Fennel(Saunf), Garlic(green and dry) and other.

TOBACCO:

Tobacco-leaves, tobacco crude.

MEHNDI:

Leaves and Powder.

LIVESTOCK AND POULTRY:

Goats, Sheep and Cow(Milch or graugh), Buffaloes, Camels, and horses.

LIVESTOCK PRODUCTS:

Beef, Mutton, Hides and skin (dry and wet).

MISCELLANEOUS:

Fish (Fresh and Dry).

AGRICULTURAL

PRODUCE MARKETS

RULES, 1940

1. Short Title:-

(1) These rules may be called the Agricultural Produce MArkets Rules, 1940.

(2) They shall extend to the whole of West Pakistan except the Tribal Areas.

(i) The “Act” means the Agricultural Produce Markets Act, 1939.

(i-a) Assistant Director means the Assistant Director, Bureau of Supply and Prices, Sind.

(i-b) ‘Board’ means the Board of Arbitrators referred to scection 22-A.

(ii) “Broker” means a person (not being a private servant usually employed on commission to enter into contract on behalf of others for the purchase or sale of agricultural produce.

Explanation: Any person employed to purchase or sale of agricultural produce on account of another whether remunerated by fees, commission or otherwise will not be treated as a broker within the meanning of the rule provided that he is employed by one person or one firm only and does not work for or demand fee from any other person or firm.

(iii) “Buyer” includes a person buying any agriculture produceon behalf of another as his agent or servant or as a commission agent.

(iv) “Bye-laws” means 2 bye-law made by a market committee under Section- 28, of the Act.

2. (iv-a) “Chairman” means Chairman of the Markey Committee.

(v) “Commission agent” means a person who on behalf of another and in consideration of a commission, makes or offers to make a purchase or sale of any agricultural produce or does or offer to do anything for carrying out such purchase or sale.

(vi) “Deputy Commissioner” means the Deputy Commissioner of the district within the boundaries of which the notified market area concerned is situated:---

Provided that if the area covered by a notified market area falls with more districts than one, the Provincial Government shall in the notification declaring the market area determine which of the Deputy Commissioner is to be considered as the Deputy Commissioner for the purpose of these rules.

*1. (vi-a) “Deputy Director” means the Deputy director of the Bureau of Supply and Prices, Sind.

(vi-b) “Director General” means the Director General of the Bureau of supply and Prices Sind.

(vi-c) “Form” means a form appended to these rules.

(vi-d) “Member” means a member of the Market Committee.

(vi-e) “Schedule” means the Schedule of these rules.

(vi-f) “Secretary” means the Secretary of the Market Committee.

(vii) “Seller” includes a person selling agricultural produce on behalf of another as his agent or servant or as a Commission agent.

(viii) “Unauthorized trade Allowance” means any trade allowance not allowed by the bye-laws of a market Committee and.

(ix) “Vice-Chairman” means the Vice-Chairman of the Market Committee.

3. Publication Of Notification Under Section-4:-

2 The Notification under section-4 shall be given wide publicity by the Assistant Director in one or more of the following manner.

(i) Bye affixing the copy of the Notification or its Urdu or Sindhi translation at a conspicuous place of his office, the concerned council or any other place.

(ii) By beat of drums in the area concerned and at such other place or places as may be considered necessary.

4. Expenses Of a Notification:- The expenses of the publication of a notification issued under section-4 of the Act shall be met out of Government Funds.

5. Market How To Be Notified:- A market established in a notified market area shall be notified as under.

(a) By putting up a notice, giving the boundaries of the market outside the office, if any of the market committee or if there be no such office in some conspicuous place in the market to be selected by the chairman of the Market Committee concerned.

(b) By beat of drum in the market and in such other place or places and at such time or times as may be determined by the Chairman of the market committee concerned.

(2) The expenses of notifying a market shall be met out of the funds of the market committee concerned.

6. Licenses To Dealers:-

(1) Any person desirous of obtaining a License under Section-6.

(a) For setting up, establishing or continuing or allowing to continue any place for the purchase and or sale of agricultural produce in the notified area or.

(b) As a seller or buyer or both buyer or seller of agricultural produce, shall apply to the Market Committee concerned in Form ‘A’ given in the schedule.

(2) The Secretary or any other employee of a Market Committee authorized by him to receive such applications shall immediately examine the particulars of the applications and satisfy himself whether the applicant fulfills the requirements of the sub-section-(2) of section-6.

(3) After verification, the applications shall be forwarded to the market committee for orders.

(4) If the application is granted, the applicant shall be called upon to deposit the fee mentioned in the schedule.

(5) A License under Section-6, shall be issued or renewed:

(i) For a period of one financial year.

(ii) In form-B.

(iii) On the payment of fees, specified in the schedule.

(iv) On the condition specified in form-B.

(6) Full fees shall be paid for a License for any part of the year.

7. Person Exempt From Taking out Licenses:-

(1) The following persons shall be exempted from taking out a License for the purchase of agricultural produce.

(a) Confectioners and other purveyors of parched, fried or cooked food.

(b) Oil-Pressers using Pakistani machines called Kohlus.

(c) Hawkers and petty retail shopkeepers who do not engage any dealing in agricultural produce other than such hawking or retail sales, and.

NOTE: For the purpose of this clause of dealer whose turnover of agricultural produce does not exceed Rs. 750 in any month of the year or Rs 5,000 during the year for which exemption is claimed, shall be treated as a petty shopkeeper, and the decision of the Deputy Commissioner with regard to such turnover shall be final for all proceedings under the Act.

(d) Persons who have taken out license under the Punjab Tobacco Vend Fees Act and deal exclusively in tobacco.

Provided that in the case of Clauses (a) and (b) the purchase is made for making the vocational needs of the persons concerned.

(2) The following shall be exempted from taking out a licenec for the sale of agricultural produce.

(a) Scheduled banks when proceeding against any agricultural produce belonging to a person or Licenses under Section-6 of the Act to whom money has been advanced against the security of such agricultural produce.

(b) Hawkers and petty retail shopkeepers as defined under sub-rule(1) do not engage to any dealing in agricultural produce other than such hawking or retail sales.

8. Constitution of a Market Committee:-

(1) For the purpose of constituting a Market Committee, Government may require the Commissioner in the case of the Karachi Market Committee and the Deputy Commissioner, in any othercase to submit by the specified date, separate panel of growers, consumers and persons specified in sub-section (3) of section-8 and such panel shall contain the names at least equal to twice the number of the vacancies to be filled in each category.

(2) The panel in respect of growers and consumers shall be finalized in consultation with their respective associations, if any and the representative of the Bureau of supply and prices.

(3) Government may specify the date from which a Market Committee is to function and this date will be given wide publicity amongst the general public of the notified area concerned.”

9. Persons Not Eligible For Membership:- No person shall be eligible for appointment as a member if he:

(a) Is a minor or

(b) Is of unsound mind or

(d) Has been sentenced for an offence involving moral turpitude and a period of five years has not elapsed from the date of expiration of the period of sentence or

(e) Is an employee of the Market Committee or has directly or indirectly any share or interest in any contract with the Market Committee.

10. Termination Of Membership And Filling Of Casual Vacancies:-

(1) Membership is a Market Committee shall terminate.

(a) When the term for which the appointment had been made expires or

(b) By death or

(d) By becoming subject to any of the disqualifications mentioned in Clauses of rule 9 above or

(e) By removal under the orders of the Government passed under the Act.

(f) If the member appointed under the sub-section (2) of section-8, ceases to be salaried servant.

(g) If a member fails to attend three meetings of the market committee consecutively without prior permission or intimation

(2) Any member of a market committee may resign his office by tendering resignation in writing to the chairman and if the member tendering resignation is himself the chairman he shall submit it to the Deputy Commissioner:---

Provided that if no chairman has been elected or if the elected chairman is not performing the duties of his office a member other than the chairman may submit his resignation to the Deputy Commissioner.

(3) So long as a resignation tendered under sub-rule (2) above is not accepted the person concerned shall continue as member.

(4) Every resignation received by a chairman shall along with report of the facts in so fair as these may be known to him forthwith be sent to the Deputy Commissioner who shall with the least possible delay forward the same with necessary comments to the Government.

(5) The acceptance of resignation of a member shall be notified to the Deputy Commissioner who shall forthwith communicate to the Market Committee and the member concerned.

(6) The procedure prescribed in Rule 8 shall so far as it may be applicable apply to the filling up of a casual vacancy and the member appointed shall be presumed to have entered upon his duties from the date of the publication of the notification under sub-rule (4) of Rule-8.

11. Election Of Chairman And Vice-Chairman Of a Market Committee:-

1. “(1) A Market Committee in its first meeting shall elect a Chairman and Vice-Chairman.

2. (1-A) The meeting shall be called under the orders of the Commissioner in the case of the Karachi Market Committee of the Deputy Commissioner in any other case on a date and at a time to be fixed by him, and shall be presided over by the Commissioner or as the case may be, the Deputy Commissioner or by such officer not below the rank of Mukhtiarkar in this behalf.

(2) For such meeting the quorum shall be not less than two-third of the existing strength of the Market Committee.

Provided that if a meeting called under this rule cannot bo held for want of a quorum, no quorum shall be necessary at the next meeting called for transacting the same business.

(3) A candidate for the office of the Chairman or Vice-Chairman shall be proposed in the meeting by one member and seconded by another, and the names of all candidates so proposed and seconded shall be read out by the President of the meeting.

(4) If there be only one candidate he shall be declared elected but if there be more candidates, the decision shall be by votes of the members present in the meeting which shall be recorded by show of hands, and shall be declared by the President.

(5) The President shall count the votes and declare the member who secures the largest number of votes to have been elected Chairman, or Vice-Chairman as the case may be.

(6) In the event of tie between two or more candidates the President shall there and then draw lots in the presence of the members present and the person whose name is drawn first shall be declared elected.

(7) The Chairman and the Vice-Chairman shall be deemed to have assumed office when their election has been confirmed by the Commissioner and the Deputy Commissioner in any other cases and this fact has been communicated to them in writing and where the Commissioner or as the case may be the Deputy Commissioner refuses to confirm any election a fresh election in accordance with these rules shall be held.

(8) The president of the meeting shall record the proceedings of the election in the minute book of the market committee and send a copy thereof to the Director General and the Commissioner in any other case.

(9) “No member shall be elected as Chairman for more than two consecutive terms.

12. Term Of Office Of And Filling Of Casual Vacancies In The Office Of Chairman And Vice-Chairman:---

(1) Deleted.

(2) A Chairman and a Vice-Chairman shall cease to function as such.

(a) On the termination of membership or

(b) On resignation in writing being accepted by the Commissioner in the case of the Karachi Market Committee and the Deputy Commissioner in any other case.

Provided that a Chairman or Vice-Chairman shall unless otherwise directed by Government continue to hold office until his successor is appointed.

(3) A vacancy in the office of a Chairman or Vice-Chairman before the expiry of the full term shall be filled by election at a meeting of the market committee, summoned, presided over and conducted in accordance with the rule for the transaction of the ordinary business.

13. Duties And Powers Of a Chairman and Vice-Chairman:-

(1) The Chairman shall be the chief executive officer of the market committee and all officers and servants of the market committee shall subject to these Rules and bye-laws if any made in this respect by the market committee be subjected to his control.

(2) The Chairman shall conduct all correspondence and be responsible of the keeping of accounts and for the safe custody of all moneys not deposited in accordance with rule-37.

(3) The Chairman shall forthwith report the death of any member of the market committee to the Deputy Commissioner who shall take steps to get the vacancy fillied up in accordance with law.

(4) The Chairman shall furthermore bring to the notice of the Deputy Commissioner any fact, which in his opinion debar a member from continuing as such.

(5) The Chairman may for reasons to be recorded in writing, delegate any of his duties to the Vice-Chairman generally or for such period as my be determined by him.

Provided that if the Chairman is absent from the notified market area or on account of illness or other circumstances is unable to perform his duties the Vice-Chairman shall act for the Chairman, and he shall while so acting have all the powers of and be responsible for all the suites of the Chairman.

14. Presidency of Market Committee meeting and Transaction of Business:-

(1) A meeting of a market committee shall, subject to any bye-law made by the market committee, be called under the orders of the Chairman.

(2) The quorum for a meeting, not otherwise provided for in these rules shall be right in a committee of eighteen and four in a committee of ten.

(3) The quorum of a meeting in which the annual budget is to be considered shall be not less than two-third of the existing strength of the market committee.

(4) If a meeting called under these rules cannot be held for want of quorum, no quorum shall be necessary at the next meeting called transacting the same business.

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

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

(6) The Chairman of the meeting shall be responsible for preserving order in the meeting and shall decide all points of orders that may be raised therein. There shall be no discussion on points of orders unless the Chairman considers it Chairman’s decision shall be final.

(7) All questions that may come up before a meeting shall be decided in accordance with the votes of the majority of the members present and in case of equality of votes the Chairman shall have and may exercise a second or casting vote.

15. Members Not To Take Part In Certain Proceedings:- No member in any proceeding of the market committee or f any sub-committee constituted by relating to matter in which he or any one of the persons enumerated in Rule-41(2) has a direct or indirect pecuniary interest.

16. Minute Book:-

(1) A Market Committee shall maintain a minute book in which the record of the proceedings of every meeting shall be entered by or under the direction and supervision of the meeting and shall be signed by him.

(2) In order to ensure that the minute of a meeting are correctly recorded these shall be read out in the next meeting of the market committee as the first item of the agenda and members who were present at the former meeting shall have the right of questioning the correctness of the recorded minute, which shall be confirmed with such modification as may be decided upon to bring them in conformity with effect. In case of any dispute about the correctness of the minutes the opinion of the chairman under whose signature the record was made if he is 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 votes of the members who had attended the former meeting and are present.

17. Submission Of Copies Of Proceeding:- *A copy of the proceeding of every meeting of a market committee shall be forwarded to the Director General and the Commissioner in the case of Karachi Market Committee and the Deputy Commissioner in any other case for maintaining record and appropriate action if any.

18 Appointment Of Sub-Committee:-

(1) A Sub-Committee appointed under section-15 of the Act may be for the full term of the Market Committee or for shorter fixed period. The appointment and dismissal of members of a sub-committee and delegation and withdrawal of powers and duties shall be by resolution of the market committee.

(2) The Market Committee shall fix the quorum of the meeting of the sub-committee appointed by it and shall nominate its chairman who except as provided in sub-rule(5) of rule-19 shall be the convener of the meetings of the sub-committee and shall submit a record of the work done by the sub-committee to the Chairman of the market committee.

(3) The rule of procedure applicable to the meeting of a market committee shall in so far as this be applicable apply to the meeting of a sub-committee.

19. Appeals Against Market Committee’s Decision:-

(1)* Any person aggrieved by an order passed by a market committee other than the orders in service matters and under sub-section (3) of Section-6, may at any time within thirty days of the order, appeal to the Commissioner in case of the Karachi Market Committee and the Deputy Commissioner in any other case.

(2) Except as may be otherwise provided by these rules every appeal shall be stamped with a court fee of rupees five.

(3) Every appeal shall be presented to the appellate authority by the appellant to his duly appointed agent within thirty days of the date of the order appealed against it shall be accompanied by a copy of such order and shall set out the grounds of attack together with a clearly the names and full description of the appellant who shall duly sign the memorandum and verify the correctness of the fact stated therein.

(4) The appeal shall be decided after notice to and hearing if they so desire the appellant the market committee concerned and the person at whose instance or in whose favour the order under appeal had been made and the persons after making such enquiry as the appellate authority may consider necessary.

(5) Deleted.

20. References:- All references firm a Market Committee to any office of the Government shall be made through the head of the department or office concerned.

21. Powers And Duties Of Market Committee:---

(1) A Market Committee shall draw up and may as occasion arises amend its bye-laws under Section 28 of the Act regular its own procedure and effectively to discharge its functions. Subject to the Provisions of the Act and these Rules, the Bye-laws shall inter alias prescribe:

(a) The time and place of the meeting of the market committee.

(b) The manner of convening a meeting and giving notice therefore.

(d) The distribution of duties among members of the market committee and its sub-committee.

(e) Payment of traveling expenses to members of the Market Committee provided that no bye-law made under these sub rules shall brought into operations unless and until the Director General or any officer authorized by him in this behalf certifies that the committee financial position permits the grant of such traveling expenses.

(f) The persons by whom receipts may be granted on behalf of the Market Committee for money paid to it.

(g) The member or members of the Market Committee by whom Licenses to be issued by it may be signed.

(h) The procedure for the reception, hearing and disposal of complaints by the Market Committee or by its sub-committee.

(i) Fees for the grant and renewal of Licenses under rule-23 (1).

(j) Fees to be levied by it in connection with transaction relating to the purchase and sale of an agricultural produce or for weighment, measurement or storage of such produce through its agency.

(k) Security to be furnished by the officers and servants of the Market Committee entitled to handle money on its behalf.

(l) The regulation of the duties of persons holding Licenses from the market committee and the fees trade allowances or remuneration to be charged by them or by dealers.

(m) The leasing out or other management of the immovable property owned by or vesting in the market committee.

(n) The regulation of traffic in a market.

(o) Hours of business for the purchase or sale of agricultural produce in a market.

(p) Rules regarding impress money to be kept under the control of the chairman of the Market Committee.

(q) The manner of checking weights measurers and scale in use in the market area, of stamping weights and measurers found incorrect and of issuing certificates in respect of scales found to be correct.

(r) Any other matter for the guidance of the members officers and servants of the Market Committee for the purposes of carrying out the precisions and objects of the Act and these rules, and.

(s) The administration of the market property.

(t) For establishment of Masjid, Musafirkhana, Shade, Shelter, Drinking water, Truck/Vehicle and Cycle Parking.

(u) For establishment and maintenance of Library.

2. Byelaws framed by a market committee or amendment thereof be displayed for one week at a prominent place in the notified market are to be selected by the Market Committee.

3. Any objection in writing received by the Market Committee in ten days of the display of the byelaws shall be considered at a meeting of Market Committee and Byelaws as finally approved shall be submitted to the Director General who may forward the same of Government with his recommendation for approval or may remit the same for the reconsideration of Market Committee on the lines indicated by him.

4. The Market Committee after making such modifications as it may consider necessary shall resubmit the byelaws to the Director General who shall submit the same to the Government.

5. The Government may confirm the byelaws with such modification as it may consider necessary.

22. Control And Conservancy Of The Market:-

(1) A Market Committee shall exercise such control over the market and the sale and purchase of Agricultural produce therein as may be required for the due observation of the provisions of the Act and these rules and shall manage the market in the best interest of the trade.

(2) A Market Committee shall as far as the funds at its disposal permit provide shelter and drinking water for men and animals coming to the market. It shall keep all property vested in it in a sanitary condition.

(3) A Market Committee may and if so required by the Government shall make a general order providing for the regulation of the ingress and aggress of traffic in the market and specifying places where vehicle shall be loaded and parked and where animals shall be unloaded and tethered. For the information of person’s visiting the market such an order shall be the information outside the office of the Market Committee and at such conspicuous place or places in the market as the Chairman of committee may determine.

23. Licenses To Brokers, Weighmen, Surveyors and Warehousemen:-

(1) Subject to the provision made under the sub-rule (4) a Market Committee may grant Licenses to persons who apply for the same to work in the notified market area as Brokers, Weighmen, Measurers Surveyors or Warehousemen, Changers, Palladars, Boriottas and Rolas.

(1-A) An application for the grant of a License in Form “D” and the License in Form “E” which shall be subject to the conditions specified in Form “E”.

(1-AA) Where the Licenses is a firm, any change occurring in the membership of such firm otherwise than through inheritance shall mean the constitution of new firm and shall necessitate a fresh License:---

Provided that in a case of Hindu Joint Family Firm any addition on account of the birth of any male membership of the firm.

(2) Where a change not necessitating a fresh License, taken place in the membership of the firm intimation thereof shall within two weeks from the date to such change be given to the Market Committee concerned who if satisfied after such enquiry as it may consider necessary, about the correctness of such intimation shall order necessary correction to be made in the License and the register in Form “K” shall also be corrected.

(3) Where a License firm changes its name without any change in its membership, it shall within two weeks, from the date on which such change is effected give intimation thereof to the Market Committee who if satisfied after such enquiry as it may consider necessary about the correctness of such the register in Form “K” shall also be corrected.

(4) If in a case covered by sub-rule (2) or (3) the license Firm fails to give necessary intimation to the Market Committee the change in the membership of the name of the firm as the case may be shall be presumed to constitute a new Firm.

(5) Fees for grant or renewal of a License granted under sub-rule (1) shall be specified in the Schedule”.

Provided that in the case of Weighmen, Measurers, Changers, Palledars, Boriottas and Rolas the fees shall not exceeds Rs. 1.00 annually.

(6) Deleted.

(7) While suspending or canceling a License a market committee may order that the license concerned shall not be entitled to the renewal of such License or the grant of a new one for such period not exceeding six months as it may consider expedient.

(8) No Broker shall advance money for the purchase of or have in his possession the document of title relating to an agricultural produce in connection with which he is employed as Broker.

(9) Any person who is granted a License under sub-rule(1) shall be bound to supply any information required by the Market Committee with regard to the agricultural produce bought, sold, stored or processed by him.

(10) A License under this rule shall be issued or renewed for a financial year.

23-A. Except as hereinafter provided no person shall at the same time hold a dealer’s license under, Section-9, or hold licenses under Section-9 to act as a functionary in more than one capacity, provided that license as dealer and warehousman weighman’s license may work there under as measurer and vice versa.

24. Books to be Kept by Licensed Brokers and Warehousman:- Every Broker and every warehousman licensed under these rules shall.

(a) Keep such books in such form as the market committee granting the license may from time to time prescribes by its bye-laws.

(b) Render such books in such form as the market committee prescribe, and

(c) Render such assistance as my be required by the market committee, in the collection of fees due under the Act, or under these rules or bye-laws made thereunder, in preventing evasions of payment thereof, and generally in the prevention of breaches of the Act of these rules or of any Bye-laws made thereunder.

25. Licensed Weighmen, Measurers, Surveyors, etc. to Wear Badges:-

(1) All Licensed Changers, Palladars, Boriottas, Rolas, Weighman, Measurers, Surveyors shall be supplied with badges, bearing, serial number.

(2) The Badges shall be of such pattern as may be approved by the market committee.

(3) No Licensed Changer, Palladar, Boriotta, Rola, Weighman, Measurer and Surveyors shall act as such in a notified market area without wearing the Badge.

(4) A payment of not exceeding rupees twenty, as may be fixed by the market committee to cover the cost Badge shall be charged from every licensee, Changer, Palladar, Boriotta, Rola, Weighman, Measurers or Surveyor before the grant of Badge to him.

(5) On the expiry, suspension or cancellation of the license the Badge shall be returned to the market committee.

26. Fees for Licenses and other Functionaries:- A Licensed dealer when acting as a Commission Agent, Broker, Weighman, Measurer, Surveyor or Warehousman, or any other functionary whether licensed or not shall not in respect of Service rendered by him in connection with the purchase and sale of Agricultural Produce, receive from the person employing him a higher remuneration than that prescribed by the Byelaws of the market committee concerned. Where agricultural produce is bought or sold through the agency of the commission agent (commonly known as a Pucca Artia) who humself is an intermediate owner in the course of a transaction of a transaction such commission agent shall charge remuneration in respect either of the purchase of or the sale but not in respect of both:---

Provided that in the absent of any agreement to the contrary, the fees chargeable by a Weighman, Measurer or Surveyor shall be payable by the buyer and seeler in equal share.

27. Employing a Broker:-

(1) No person shall, in the absence of any express agreement be bound to employ a broker in the transaction, or be required to pay for a broker employed by any other party to the transaction, or to pay for a broker when non has been employed.

(1-a) Where any person enter into any transaction for the purchase or sale of any agricultural produce through a commission agent, and the commission agent, without a written authority from his principal, employs a broker in connection with such transaction, the broker’s remuneration shall be payable, by and may be paid out of the remuneration due to, such commission agent.

(2-a) The same person shall not act as a broker both for the buyer and the seller of an agricultural produce in the same transaction.

28. Employment of Auctioneers:-

(1) A seller may make an application in Form ‘F’ for the sale of an agricultural produce belonging to him by auction in a market. Such application shall be given a monthly serial number and shall, after the auction, be preserved in the office of the market committee for three years from the date of auction.

(2) A market committee may employ on such terms as may be fixed by it, one or more auctioneers for the sale by auction of any agricultural produce.

(3) Such auction of agricultural produce shall be held at such place or places in the market as may be fixed by the market committee.

(4) Bids made at the auction shall be recorded by the auctioneer in Form-’G’.

(5) The Auctioneers shall conduct the auction on terms as to the payment of price as set out in Rule-28-A, which shall be made known to the prospective bidders before the auction is held.

(6) After the sale is completed, the auction from duly completed shall be forwarded by the auctioneer to the market committee, by whom it shall be preserved for three years.

28-A. Payment of Sale Price:- In the absence of any written agreement to the contrary the sale price of Agricultural produce purchased or sold under these rules shall be paid on delivery.

28-B. Execution of Memorandum Form:- On the completion of the transaction liable to the levy of a fee the buyer shall immediately execute a memorandum in Form-H. The foil of the memorandum shall be given to the seller and the counter foil retained by the buyer.

28-C.

(1) In case any agricultural produce cannot be sold by open auction due to local conditions, the market committee may pass Resolution to transact the sale of such agricultural produce through private agreement between the transacting parties or on the basis of price through Assistant Director of the Bureau of Supply and Prices, Sind, of the district for examination and sanction thereof.

(2) The market committee shall see that the mode of sale adopted for sale otherwise than by open auction may not be detrimental to the interest of the grower at the time of fixation of price of agricultural produce.

(3) The record of such transaction as indicated in sub-rule (1) may be kept in Form (F) as prescribed for open auction.

29. Levy and Collection of Fees on the Sale and Purchase of the Agricultural Produce:-

(1) Directed.

(2) Fees prescribed under sub-rule (11) shall be leviable as soon as an agricultural produce is bought or sold by a licensee. In case the buyer or the seller are both licensee the fee shall be paid by them is a licensee.

Provided that in the case of a transaction liable to the imposition of a fee, entering into by a katcha arthia directly on behalf of a grower the whole fee shall be payable by the licensee buyer and the katcha arthia shall not be liable for any portion of it.

Provided also that for the purposes of these rules buyers and sellers not being hawkers or petty retail dealers within the meaning of rules exempted under Rule-7 from taking licenses shall be considered licensee.

(3) It shall be the duty of a licensee, liable to the payment of any fee in connection with the sale or purchase of any agricultural produce, to pay the same to the market committee.

(4) The market fee shall be paid to the market committee or a paid officer duly authorized to receive such payment, on the day of the transaction or the following day.

Provided that in special cases of hardship, the Chairman of the market committee may, by an order in writing, extend this period upto not more than seven days, from the day of the transaction.

(5) A receipt in Form ‘I’ shall forthwith be granted to the person making payment in respect of any fee paid under these rules.

(6) Every Officer or servant employed by the market committee for the collection of fees shall be supplied, out of its fund, with a standard uniform and a badge of office in such form as may be prescribed by the market committee. The standard uniform shall be worn by all such employees discharging their duties.

(7) Every such officer or servant shall before entering on his duties furnish such security as may be prescribed by the Bye-laws of the market committee concerned.

(8) Every person authorized to collect fee shall be provided receipt book in Form-’I’ with a Counter Foil and a Locked Money Box.

(8-a) The key of the Box shall remain with the Chairman or under his written order with the Secretary.

(8-b) The Box shall be opened daily in the evening at a fixed time in the office at the market committee by the Secretary and the money contained therein shall be counted in the presence of the person authorized by the Chairman.

(8-c) The person in whose presence the money is counted shall be responsible for comparing the receipts with the amount actually received and for giving a Certificate to this effect over his dated signature on the back of last counter foil.

(9) For the purpose of this Rule Agricultural produce shall be deemed to have been bought or sold in a notified area.

(a) If the agreement of sale or purchase thereof is entered into in the said area, or

(b) If in the pursuance of the agreement of sale or purchase the Agricultural produce is weighed in the said area, or

(c) If in the pursuance of the agreement of sale or purchase the Agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.

(10) If in the case of any transaction any two or more of the acts mentioned in the sub-rule (9) have been performed within the boundaries of two or more notified market areas the market fee shall be payable to the market committee within whose jurisdiction the Agricultural produce is delivered as provided by clause (c) of sub-rule (9).

(11) There shall be charged a market fee by all market committee on the Agricultural Produce brought to the market, at the following rate:

(i) Wheat, Maida, Suji, Dalya, Barley, Padday, Rice, Rice Hursh, Maize, Maize Cobs (green & Dry) Jower, Bajira, Bajira Atta and Starch at Rs. 0.40. per 50 Kgs.

(ii) Cotton unginned (phutty) lint cotton and Jute Fibre Rs. 0.50 Kgs.

(iii) Sugar cane, Sugar cane Juice, Molasses, Rs. 0.25 per 50 Kgs.

(iv) Sugar (refined), Gur, Shakkar Desi, Rs. 0.40. per 50 Kgs.

(v) Cotton seed, Linseed, Sarson, Rayi, Taramire, Til, Palm, Soya-Bean, Sunflower, Groundnut, Castror, Coconut, their Oils, and Oil Cake Rs. 0.50 per50 Kgs.

(vi) Moong, Masoor, Mash, Mattar, Moth, Gram, Bean, Arhar, Gowand other, whole and split, Rs. 0.50. per 50 Kgs.

(vii) Senji, Lueen, Shaftal, Berseem, Bajra, other than dry, dry Kabi, Maize, Barley, Wheat, Javi, Methia, Swank, Oats and Ajwan, Jawar, Green dry and seeds Rice Straw (Palal) Rs. 0.25 per 50 Kgs.

(viii) All kinds of Fruits (fresh) vegetable (fresh & dry) and Dates (fresh & dry) and Chohara Rs. 0.30 per 50 Kgs.

(ix) Chillies, Coriander, Fennel (Saunf) Garlic, (fresh & dry) and other Rs. 0.50 per 50 Kgs.

(x) Tobacco leaves and crude, Rs. 0.50 per 50 Kgs.

(xi) Mehndi leaves and powder, Rs. 0.50 per 50 Kgs.

(xii) Goats, Rs. 2/- per head, Sheep Rs. 2/- per head, Cows, Rs. 5/- per head, Buffalo, Rs. 7/- per head Camels, Rs. 10/- per head Horse Rs. 10/- per head.

(xiii) Hide Rs. 0.50 per piece.

(xiv) Skin Rs. 0.25 per piece.

(xv) Mutton and beef, Rs. 1/- per 50 Kgs.

(xvi) Fish (fresh and dry) Rs. 0.50 per 50 Kgs.

Note: Fifteen Kgs, or less weight shall be ignored”.

(12) Every license of Group ‘A’ & Group ‘B’ mentioned in the schedule of fees shall maintain a separate record of transactions of purchase & sale of agricultural produce in the following form.

FORM

Daily sales& purchase register to be maintained by licensed Dealer _______

Group ‘A’ Group ‘B’____________________________________________________

Notified Market Area _________________________ Date _____________________

Name of dealer/seller/purchaser___________________________________________

License No. _____________________________

Date	Name of		Agricultural produce quantity Kgs.		Rate of purchase	Rate of Sale.
Date		Seller				Purchaser
1	2	3		4	5	6

Total qtys: Purchased	Total quantities sold	Assessment of market fee as per prescribed schedule vide Rule 30, sub-rule 10.	Balance stock of agricultural produce on the close of Tran- section
7	8	9	10

29-A. Exemption from payment of fees..----- If a fee has been leived on the sale or purchase of any quantity of agricultural produce in a notified market area and the dealer concerned has complied with the provision sub-rule (2), then no fee shall be leviable on the sale or purchase with in the same notified market area of any agricultural produce manufactured or extracted from the agricultural produce in respect of which the fee has already been paid.

30. Account of Transaction and of Fees to be Maintained:-

(1) Every licensed dealer and every dealer not being a hawker exempted under rule 7 from obtaining a license shall submit to the Market Committee a return in From H-A showing his purchases in respect of each commission agent (known as pacca arthi), and sales in respect of each dealer of each item of agricultural produce on each day, either in that day or on the following day:---

Provided that in special cases of hardship the Chairman of the Market Committee may, by an order in writing, extend this period up to not more than seven days from the date of the transactions.

(2) The Market Committee shall maintain a register in Form-J showing the total purchases and sales made by dealers and the fees recoverable and recovered from them.

(3) The Market Committee shall levy the fee payable under section-19 on the basis of the return furnished under sub-rule(1).

Provided that if the Market Committee has reason to believe that any such return is incorrect, it shall, after notice to the dealer concerned, and after such enquiry as it may consider necessary, assess the amount of the dealer’s business during the period in question, and levy fee on the basis of such assessment.

(4) If a dealer fails to submit a return as prescribed under sub-rule(1) the Market Committee may after notice to such dealer, assess the amount of his business during the period in question on such information as may be available and levy the fee on that basis.

(5) “The Chairman or the Secretary of the Market Committee may at any time and without previous Notice enter upon the premises of business of licensed dealer within the notified market area and inspect and examine the accounts of transactions of agricultural produce and fee kept or maintain by such dealer and the dealer shall if required be bound to produce forthwith his accounts before the Chairman or Secretary so as to enable him to inspect and examine the same”.

(6) The Deputy Commissioner or such gazetted officer subordinate to him, as he may appoint in this behalf, may if he thinks fit call upon the dealer to show cause why the application should not be allowed and may also make enquiry in such other manner as he may deem necessary, and shall either disallow the application or authorize the Market Committee to inspect the dealer’s accounts, relating to such date or dates as may be specified in the authorization.

(7) If the application for inspection is allowed, the Market Committee shall inform the dealer of the date and place fixed for the inspection provided that if the dealer so desires, and pays such fee as the Market Committee may fix in this behalf, the inspection shall be made at the dealer’s premises.

(8) The Market Committee shall either generally or in each case appoint one or more of its employees to conduct such inspections of dealer’s account books.

(9) The Chairman or the Secretary, as the case may be, may after inspection prepare a return, or may amend the return already furnished on the basic of transaction appearing

(10) Habitual default in the submission of returns and habitual submission of false returns shall be a sufficient ground, for cancellation of or refusal to renew, a license and the provisions of this rule shall apply in addition to and not in derogation of any other law, penal or otherwise applicable to non-compliance or defective compliance with any duty imposed upon a dealer by the Act or by these rules, or by any bye-law or order of Market Committee.

(11) An assessment made under the provision to sub-rule (3) or under sub-rule (4) or (9) shall unless passed in the presence of the dealer concerned, be communicated to him by means of a written notice, and a copy thereof shall be granted to the dealer on his making a written application and paying a sum of Rs. 0.50 as copying fee to the market committee. Every Market Committee shall maintain a register of copying fee.

(12) The copy shall be prepared in the office of the Market Committee and certified to be correct by the Secretary or in his absence by another person appointed in this behalf by the Chairman. Such certificate shall give the dates 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.

(13) An assessment made by a Market Committee under sub-rule (3) or under sub-rule (4) or (9) shall be deemed to be an order for the purposes of rule 19-A except that the court-fee payable shall be an advalorem fee under Article 1 of the Court fees Act on the amount in dispute.

31. Places at which Agricultural Produce shall be Weighed or Measured:-

(1) A Market Committee may notify the places where any particular agricultural produce may be weighed, measured or sold.

(2) Subject to the provisions of sub-rule(1) weighments and measurements of agricultural produce intended for sale, may be made through licensed weighmen or measurer anywhere in a notified market area.

32. Use of Weighing Instruments Weights and Measures, their Inspection and Seizure:-

(1) Only such weighing instruments as satisfy the requirements of and such weights and measures as are prescribed by the Sind Standard Weights & Measures Enforcement Act, 1975, and the rules made thereunder shall be used for weighing or measuring agricultural produce in a notified market area.

(2) Every Market Committee shall keep in its office atleast one weighing instrument of the capacity 100 Kgs, and two sets of weights & in place where measures are used, two sets measures also verified and stamped in accordance with the provisions of the Sind Standard-Weights and Measures Enforcement Act, 1975 and the rule-framed thereunder and the Market Committee shall cause, such Weights& Measurers to be tested and appointed under and in accordance with the requirements of the said Act and rules”.

(3) The Chairman of a Market Committee shall allow any person to check free of charges any weight or measurers in his possession against weights and measures maintained under this rule.

(4) Weighing instruments & Measures kept by Market Committee under this rule may at any time be inspected, examined & Checked by the Director General, Deputy Director or Commissioner in any other case or an Inspector appointed under the Sind Standard Weights and Measures Enforcement Act, 1975.

(5) Any member of a Market Committee, and any employee of a Market Committee authorized by it in this behalf, shall be entitled at any time and without previous notice to inspect, examine and test any weighing instrument, weight or measure used, kept or possessed within a notified market area by a license under Section-6 or 9 of the Act, or used, kept or possessed by any other person for weighing or measuring, agricultural produce within the limits of the notified market area, and every such license or other person in possession of any such weighing instrument, weight or measure shall, when required, be bound to produce the same before the person entitled so to inspect, examine and test it.

(6) If on examination any weighing instrument, weight or measure is found to be not in conformity with the Sind Standard Weights and Measures Enforcement Act, 1975, and the rule made thereunder, it shall at once be sized and forwarded forthwith alongwith a report to the Inspector appointed under the Sind Standard Weights and Measures Enforcement Act, 1975, within whose jurisdiction the notified market area lies. The report shall be in the following form.

Report of Seizure of Weighing/Instrument/Weight/Measure at (Rule-32 (6) of the Agricultural Produce Markets Rules, 1940).

Name, parentage, caste and residence of the person from whom the weighing instrument, weight or measure is seized.	Description of the weighing instrument weight or measure seized.	Date of Seizure	Person by whom seized
7	8	9	10

Why seized	Person in whose presence seized	Remarks
7	8	9

Signature of two witnesses:---

1. __________________________________

2. __________________________________

______________________________

Signature of the person making report

The report is to be signed by the person in whose presence the seizure takes place.

(7) Before any agricultural produce weighted in pursuance of a transaction of sale or purchase within a notified marker area is removed from the place of its weighment, any member of the committee, or any employee of a market committee authorized by it in this behalf with a view to satisfy himself that such weighment has been correctly made, be entitled at any time and without previous notice to check the weighment by means of weights and instruments owned by the market committee or by other agency.

33. Weigh-Bridges, Measuring-Yards and Certificates of Weighment or Measurement:-

(1) A market committee may with the approval of the Deputy Commissioner, erect in the market a weight-bridge for the weighing of agricultural produce on payment of such fee as may be prescribed by its bye-laws.

(2) In place where it is customary for any agricultural produce to be measured intead of being weighed, a market committee may with the approval of the Deputy Commissioner, specify a place within the market and make arrangements for the measuring of such produce on payment of such fee as may be prescribed by its byelaws.

(3) The market committee shall be responsible for maintaining such weigh-bridge or measuring-yard in proper condition, and for issuing free of cost certificates of weighment and measurement, as the case may be in such forms as may be prescribed by its byelaws.

(4) A certificate issued under sub-rule (3) above shall be accepted as final by all persons transacting business in the notified market area, unless it is proved, to the satisfaction of the chairman of the market committee or his authorized representative that the weighment was done on a defective weigh-bridge or measuring-yard or by means of an incorrect scale or weight or measure.

*33-A. Weighment and Standard of Packing Unit:-

(1) A market committee shall fixed the net quantity of an agricultural produce to be filled in a packing unit such as a bag, a half bag or a Bulli and the packing units shall be filled accordingly.

(2) Immediately on the completion of filling a lot of agricultural produce within a notified market area, the other party to the contract may cause a test Weighment or Measurement of ten percent of the units of packing in a lot or two packing units which ever is more.

(3) Test weighment or measurement under sub-rule (2) shall be carried out in the presence of both the parties to the contract and where a party fails to attend or refuses or evades participation the other party may report in writing to the Secretary or any employee of the market committee not lower than Inspector who shall after satisfying himself as to the correctness of the report cause the test weighment or any other official of the Committee and the result of such test Weighment or Measurement shall be conclusive and binding on both the parties.

(4) The test Weighment or Measurement of the packing units which are not sealed with seal of any party shall be carried out of the site of Weighment or Measurement and if no such test Weighment or Measurement is held, the produce shall be deemed to have been correctly weighed or measured, as the case may be.

(5) Before test agricultural produce weighed or measured in pursuance of contract is removed from the place of its weighment the Chairman or any employee of the Market Committee not lower than an Inspector may, with a view to satisfying himself that such Weighment or Measurement has been correctly made, without any previous notice check the Weighment or Measurement by the Standard Weights and Measures and Instruments kept by the Committee or any other Agency in the presence of any two persons.

(6) If the Weight or Measurement is found to be defective the persons checking the weighment or measurement may order the lot to be re-weighed or measured, as the case may be, at the cost of the buyer.

34. Trade Allowances:- Every market committee shall, with the approval of the Government prepare byelaws prescribing a list of trade allowance, which alone may be levied within the market area, and the scale thereof.

34-A.. An officer or servant of the market committee, in the course of performance of his duties may.

(a) Enter into any building, enclosure or place used for sale and purchase, weighment or measurement of an agricultural produce in a notified market area and may himself inspect weigh or measure or cause to be inspected, weighed, or measured any agricultural produce found in the said building enclosure or place.

(b) Himself inspect, weigh or measure or cause to be inspected weighed or measured any agricultural produce being transported, by any mechanical or other means, through the notified market area, and.

(c) Seize any agricultural produce in respect of which, or any material by which, any breach of the provisions of the Agricultural Produce Market Act, or of the rules or byelaws made thereunder is reasonable suspected to have been committed.

An inventory of the agricultural produce or the article so seized shall be prepared by the officer or servant proceeding under this rule, and a copy thereof shall, on demand, be given to the person from whose custody the agricultural produce or other articles have been taken into possession.

34-B.(1) An officer or servant of the market committee seizing property under Rule 34-A shall keep such property either in his own custody or require any licensed dealer in the notified marker area to take it into possession and keep the same in his charge till such time as the inquiry in regard to the said property has been completed and final orders regarding its disposal passed by the competent authority.

Provide that the Chairman of the market committee may, for reasons to be recorded in writing, at any time direct that the property be released and restored to the person form whom it was seized.

(2) The expenses incurred in transportation and storage of the property under Rule 34-A shall be recoverable from the person to whom property is to be restored. If such person refuses or fails to pay such expenses, the property or such part thereof, as may fetch the amount of money so expended, shall be sold or auctioned under the orders of Chairman of the market committee the amount realized by such sale or auction shall be adjusted towards the transportation and storage charges and the balance, if any paid to the person to whom the property was due to be restored.

(3) When the property is required to be restored to person from whom it was seized, a notice shall be issued to him to appear at such place and time as may be specified in the notice to take its delivery. If such person refuses or fails to take delivery of the property at the appointed place and time the property shall be sold or auctioned, under the orders of the chairman of the market committee and the amount realized by such sale or auction shall be adjusted towards the expenditure incurred in this behalf and the balance, if any, shall be paid to the person to whom the property was due to be restored provided such person applies for it to the market committee within 90-days of the sale or auction.

(4) The licensed dealer required by an officer or the servant of the market committee to take possession of the property seized, shall not refuse to do so.

35. Budget:---

(1) “For the purpose if these rule the Agricultural Produce Market Year shall commence on 1^stJuly every year and end on 30^thJune, following”.

(2) A market committee shall annually hold a special meeting not later than 30^thApril, to prepare and adopt the budget of income and expenditure for the ensuing year.

(3) A Duplicate copy of Budget so Budget so adopted shall be submitted to the Commissioner in the case of the Karachi Market Committee and in other cases, the Deputy Commissioner who shall after such scrutiny as he may consider necessary forward the same with his comments, if any to the Director General, by the 15^thMay, who shall have power to sanction it with such modifications as he may consider proper whereupon the market committee shall strictly regulate its expenditure in accordance with the sanctioned Budget.

(4) An expenditure for which no provision exists in the Budget may be met by the market committee by re-appropriation from saving under other heads or by supplementary grant sanctioned by the Director General.

(5) If the Budget is not prepared and got sanctioned by before the commencement of any financial year, the Director General shall have the necessary statement prepared and certified and such certified statement shall be deemed to be the sanctioned Budget of the market committee.

(6) A any time before the expiry of the financial year to which the Budget relates a revised or supplementary budget may be prepared and sanctioned by the Director General.

36. Accounts and Audit:---

(1) The accounts of a market committee shall be kept in such form and shall be audited in such manner as the Director Local Fund Audit Sind directs.

(2) A market committee shall publish a statement of its assets and liabilities at the close of each year, with a balance sheet by the 31^stJuly following and shall furnish on payment of such fee as may be fixed by it, a copy of the statement to any grower, or licensee, buyer or seller, within the notified market area applying for it.

(3) The Chairman or Secretary of a market committee or any other member deputed by him for the purpose shall at the audit cause to be produced all accounts, registers, documents and other papers which may be required by the audit officer for audit purposes and any explanation called for by him for the settlement of any discrepancy shall be immediately furnished.

(4) To meet the cost of the audit every market committee shall contribute annually to the Provincial revenues such sum not exceeding 3 percent of its total annual expenditure as may be determined by the Government in each case.

(5) The Deputy Director Marketing Operations or any other Officer authorized by the Director General, in this behalf shall inspect or cause to be inspected a market committee periodically and shall submit his report to the Director General, furnish a copy to the market committee for necessary action.

37. Receipts to be Credited into the Government Treasury or Bank:- Except where Government otherwise direct all the receipts made by the Market Committee shall be credited daily into Government. Treasury / sub-Treasury or a Schedule Bank in accordance with the instructions issued form time to time by Government and shall not be withdrawn except as provided in the rules.

38. Remittances to a Treasury or Scheduled Bank:---

(1) All remittance under these rules to a Treasury, sub-Treasury or a Schedule Bank shall be made and acknowledged in accordance with the rules of rules of business of the treasury, Sub-Treasury or the Schedule Bank as the case may be.

(2) At the close of each month or at such shorter intervals as may be the practice, the Market Committee shall in accordance with the rules of business of the treasury, sub-treasury or Scheduled Bank as the case may be get a balance as worked out in the Pass Book of the market committee or get a statement of accounts form it.

(3) The market committee shall check such balance or statement with its own balances or accounts and rectify the difference, if any.

38-A Refund of Certain Amounts:- When:

(a) Any sum has been paid for the grant of a license which has not been in fact issued, or.

(b) A person has wrongly applied and paid for and been granted two or more licenses of the same nature for the same notified market area, or.

(d) Any market fee has been recovered on a transaction which is exempt under these rules, or.

(e) Any money has been paid by mistake.

“The Market Committee shall bon a written application being made within thirty days from the date of payment of the amount refund of which is claimed and after making such inquiry as deemed fit, order the refund of the appropriate amount to the person concerned, and.

(2) “The powers of the Market Committee under sub-rule (1) may be exercised by the Chairman, if so authorized by the Market Committee.

39. Payments how to be Made:-

(1) All payments made by a market committee, except from imprest, shall be made by cheques.

(2) “Every Cheque drawn on behalf of a Market Committee shall be signed jointly by the Chairman and Secretary of the Market Committee if the Chairman is absentfrom the Headquarters, or is unable to perform duties by a member nominated by the Market Committee provided that no Cheque shall be drawn except against a bill which has been examined and passed by the Chairman, or for the recoupment of imprest, if any.

(3) The Chairman shall not pass any bill for payment without the previous sanction of the Market Committee except.

(a) For payment of the Salary of the fixed establishment, or.

(b) For payment for works & repairs for which Budget provision has been made, or.

(c) For meeting urgent expenditure for which there is Budget provision and which does not exceed rupees five hundred in the case of class ‘A’ Market Committee and rupees three hundred in the case of Class ‘C’ and ‘D’ Market Committee as classified under these rules.

(4) Where a Market Committee has cased to function and a new Committee has not been constitute or if constituted the Chairman or the Vice-Chairman, as the case may be, has not assumed the Office or the Chairman or Vice-Chairman having resigned ceases to function as such under the directions of Government or having diet, the Assistant Director may pass Bill and sign Cheque on behalf of the Market Committee”.

40. Surplus Fund-how to be Disposed:- The balance shown in the balance sheet shall, after audit, be transferred to the reserve fund of the Market Committee, or be invested in such manner as may be approved by the Government.

40-A. Writing off if Irrecoverable and other Dues or Losses:- Whenever it is found that any amount due to the market committee is irrecoverable or should be remitted or whenever any loss of the market committee money or stores or other property occurs through the fraud or negligence of any person or for any other cause and such property or-money is found to be irrecoverable, the fact shall be reported to the Commissioner in any other case who may order the amount or value of property to be written off as lost, irrecoverable or remitted, as the case may be, under intimation to the Director General, provided that in any case the amount due or value of such property is in excess of rupees one-thousand, no such order shall take effect unless the approval of the Director General has been obtained.

41. Officers and Servants of the Market Committee, their remuneration Punishment etc:- Deleted.

42. Publication of Market Information:-

(1) A market committee shall, for the benefit of the persons using the market, exhibit in a suitable place outside its office and at such other places as may be determined by it, bulletins of information on such matters as the prices of agricultural produce, ruling at the principal marketing centers in the Provincial and the ports serving the province, and the stocks held by mills and the like.

(2) Such bulletins shall be signed by the Chairman or other persons as may be appointed by him in writing, and a copy of each such bulletin shall be kept in province, and the office of the market committee.

43. Storage Accommodation:-

(1) A market committee may arrange when necessary, accommodation for the temporary storage or stocking of agricultural produce.

(2) The market committee shall charge such fee for such storage and stocking as may be prescribed by its bye-laws.

44. Registers to be Maintained by a Deputy Commissioner:- Deleted.

45. Registers to be Maintained by a Market Committee:-

(1) Every market committee shall maintain the following registers.

(a) of sales and purchases of agricultural produce entered into within the notified market area in Form J, and.

(b) Of licenses granted, renewed, suspended, or canceled under section-6 of the Act and granted, renewed, suspended or canceled by the market committee under Section-9 in Form “K”.

46. Renewal of a license and the Issue of a Duplicate:-

(1) A license granted under section-9 shall be renewable on payment of the fee payable for the issuance of such license:---

Provided that in the case of a license issued for any notified market area before the final date specified for that area under sub-section (2) of section-4 the License shall be deemed to have been issued on the date so specified.

(2) An application for the renewal of a License shall be made in Form ‘B-A’ or Form ‘D-A’, as the case may be atleast seven days before the date on which the License is due to expire.

(3) Where application under sub-rule (2) is made after the expiry of License, the License may be renewed on payment of a penalty at the rate specified in the schedule not exceeding the License Fee.

(4) Except as provided in sub-rule (3) every application for renewal of a License made after the date expiry thereof shall be treated as an application for the grant of a fresh License.

(5) If a License is lost, a duplicate may be issued on payment of the Fee specified in Schedule of Fee.

47. “Traveling Allowance for Chairman, Members etc:- If a Chairman or Vice-Chairman or Member or Officer or Official appointed under this Act, undertakes any journey in the interest and under the orders of the market committee or the Director General, he shall paid traveling expenses out of the funds of the market committee at the rates admissible under the Government Rules.

Provided that the Chairman shall get T.A allowance as are admissible to Grade-17 Officer of the Government. The members shall be entitled to the T.A allowance as are admissible to Grade-16 Officer or the Government.

48. Traveling Allowance to Market Committee’s Officers and Servants:- * Deleted.

49. Appeals:-

(1) An appeal under sub-section (3) of Section-6, shall be referred by means of a memorandum which shall be stamped with a Court fee of the value of Rs. One only, be accompanied by a certified copy of the order appealed against and presented by the appellant personally or through a duly authorized agent”.

(2) The result of an appeal preferred under sub-rule (1) shall be communicated to the appellant and the market committee concerned.

50. Power of Government to alter dates fixed in these Rules or to fix new ones:- The Government may be a notification alter any of the dates fixed in the rules.

51. Procedure for recovery of fee by a Market Committee:- A fee due to a market committee under the Act, or these Rules or its bye-laws shall, notwithstanding any penalty imposed under rule-52, be recoverable as arrears of Land Revenue through the Collector of the District within the boundaries of which the person liable to pay resides, or within the boundaries of which the notified market area is situated.

52. Penalty for Breach of Rules any Condition of a License:- Any person committing a breach of these rules or the Conditions of this license shall on conviction be punishable with fine which may extend to five hundred rupees.

Provided that the maximum fine, which may be imposed for the breach of the conditions of a license, granted under section-9, shall not exceed one hundred rupees.

53. Control by Provincial Government, Director General and Deputy Commissioner:-

(1)* The Director General or, the Deputy Director within his jurisdiction or any officer not below the rank of Deputy Commissioner appointed in writing by the Director General or Government by general or special order may”.

(a) Enter into, inspect survey and caused to be entered into, inspected and surveyed, and immovable property occupied by any market committee or any work in progress under its discretion.

(b) By order in writing, addressed to the Chairman or Secretary, call for inspect or caused to be inspected any book or document in the possession or under the control of the market committee and the Chairman or the Secretary, as the case may be, shall immediately comply with such order.

(c) By order in writing, addressed to the Chairman or Secretary require the market committee to furnish within a specified period such statement, accounts, reports, copies or documents in the possession or relating to the proceedings or duties, of the Committee as he may think fit to call for.

(d) Enquire generally into the affairs of the market committee with a view to ascertaining whether the same are being satisfactorily administered, and for the purpose of such inquiry make use of any property of the committee, and exercise the Power mentioned in Clauses (a), (b) and (c) of these rules, and members, officers, and servants of the committee shall render such assistance in the inquiry as the persons making the inquiry my deem necessary.

(2). The Officers mentioned under sub-rule (1) record in writing for the consideration -of any market committee such observation as he may think proper in regard to the proceedings, work or duties of the said committee.

“(3). Every market committee shall submit such report, to the Director General or any other officer or authority specified by him.

54. Preservations Of Records:- The records of the committee shall be preserved for the period noted against each in the Schedule.

SCHEDULE

No. of form	Description	Period
1	… Budget	… 5 years.
2	… General Cash Book	… Permanently.
3	… Establishment Bills	… 35 years.
4	… General Bills	… 3 years.
5	… Balance Sheet	… 10 years.
5-A	… Ledger	… 10 years.
6	… Register of Deposits	… Permanently.
D	… Application Form	… 3 years.
B	… License form	… 3 years.
H-A	… Registers for daily Purchases and Sales	… 1 yearafter audit.
I	… Receipts	… 3 years.
J	… Register of Sale and Purchase of Agricultural Produce	… 10 years.
K	… Register of Licenses P.F. Register	… 10 years. … 10 years or till all accounts to which it relates are closed.
Service book of Employees		… 5 years after death or retirement which ever is earlier.

Sub-committee … Permanently

Cheque Books … 10 years

Pass Books … 10 years

T.A. Bills … 3 years.

Lease Deeds … 10 years from the date.

they case to have effect.

Security Bonds … 10 years from the date

they cease to have effect.

Treasury Challans … 3 years.

Impressed Account Register … … … 3 years.

Attendance Register … … … 1 year.

Movable Property Register … … … 10 years.

Library Register … … … 10 years.

Demand and Collection Register … … … 10 years.

Stock Registers … … … 10 years.

Investment Registers … … … Permanently.

Files about the appointment, removal and dismissal of employees. … … … 35 years.

Other record which the committee may decide to preserve for move than three years. … … … Such period (not less than 10 years) as my be prescribed by the committee.

… Application for the grant of a 3 years.

A License under rule 6 (1)

B … Application for the grant of a license for the Purchase and Sale of Agricultural produce under rule-6 (4). … … … 3 years.

B-A … Application for the renewal of a license for the purchase and sale of agricultural produce. 3 years.

55. Board of Arbitrations:-

(1)* Government shall by notification constitute a Board for any notified area.

(2) The Board shall consist of six-persons there of one of whom shall be a chairman provided that the Chairman and two members shall be appointed from amongst the growers and one member each from the person licensed under Section-6 & 9.

(3) The Secretary shall act as the Secretary of the Board.

(4) The term of the office Board shall be for period of three years commencing on such date as may be specified in the notification said of members notification, the period of three years shall be reckoned from the date of the notification.

(5) if on the expiry of the term of the office of the Board, no new Board has been appointed, the old Board, shall continue to perform its function till a new Board is appointed by the Government.

(6) The Government may at any time by notification remove the Chairman or a member appointed under these rules who is its opinion is guilty, of misconduct or negligence of duty or has been appointed in violation of these Rules or has lost the qualifications on the strength of which he was appointed or whose continuance in office is otherwise not desirable provided that no action shall be taken without providing to the person concerned an opportunity of being heard.

(7) The Chairman or a member appointed under these rules may resign his office by tendering resignation of Government.

(8) A casual vacancy in the Board shall be filled in accordance with provisions of sub-rule (4) and the person so appointed shall held office for the remaining term.

56. Function Of Board Of Arbitrator:-

(1) *Where any dispute arises between a buyer and seller of any agricultural produce of any kind including disputes regarding the quality or weight or price of an agricultural produce, allowances of wrapping for containers, for dirt or for impurity or about deductions to be effected due to any reasons or in regard to unfit bargain (Mudda), the aggrieved party may refer the dispute to the Board.

Provided that the Board shall not entertain any dispute pertaining to unfixed bargain (Mudda), where a written agreement has not been executed between the buyers and sellers.

(2) The aggrieved party shall submit a written application on a judicial paper bearing court fee stamp of five rupees addressed to the Chairman of the Board giving therein the name or names of the other party to the dispute, the cause of the dispute and the nature of the relief claimed.

(3) The following rate of fees shall be payable by the party referring the dispute to the Board.

(a) For dispute relating Monetary transactions, two paisas per rupee on amount upto Rs. 25,000/- and four paisas per rupees on amount exceeding Rs. 25,000/-.

(b) For any other dispute a fixed fee of five rupees, shall be payable.

(4) If a question arises whether any dispute is a Monetary transaction the decision of the Board shall be final.

(5) On receipt of the application the Board shall fix a date for the hearing of the case and shall summon the other party and witnesses along with necessary documents, if any, in accordance with sub-section 22-A.

(6) On the date fixed for the hearing of the case or on any subsequent date to which the case may be adjourned by the Board the Board shall proceed to hear the parties and examine the witnesses and the documents produced by them, provided that no case shall be adjourned for a period longer than fixed by it.

(7) After hearing the parties and examining the witnesses and documents, if any the Board shall announce its decision immediately or on any date fixed by it.

(8) If any party failed to appear before the Board without any reasonable cause, the Board may dismiss the application for non-appearance of the aggrieved party or may decide it ex-parte if the other party is absent.

(9) Any party aggrieved by an order under sub-rule (8) may within 30-days of such orders move the board for the reversal of the order and if the Board is satisfied that the non-appearance of the party was for good and sufficient reason it may set aside the order.

(10) The Board shall make every endeavour to ensure that the dispute is decided within one month of its reference to it.

(11) All proceedings before the Board shall be in writing and a regular record thereof shall be maintained by the Board.

(12) Every proceedings and decisions of the Board shall be deemed to be a judicial proceeding within the meaning of Section 193 and 228 of Pakistan Penal Code.

(13) A meeting of the Board shall be called and presided over by the Chairman.

(14) The Board shall be competent to order the costs involved in the case to be borne by the parties individually or jointly in the proportion fixed by it.

(15) No lawyer shall be engaged, provided that a person who is unsound mind or otherwise unable to appear before the Board may be represented by the authorized agent.

57. Monthly Statements To Be Submitted By The Board:- Every market committee shall submit to the Director General a monthly statement showing the total number of the disputes and the nature thereof referred to Board and decide by it during the preceding month.

58. Income And Expenditure Of The Board:-

(1) The income of the Board shall be credited to the market committee fund.

(2) All expenses of the Board shall be met from the market committee fund.

(3) The Chairman and Member of the Board shall be entitle to such traveling and daily allowance as are admissible to the Chairman and members of the market committee concerned.

59. Disputes relating To Another Market Area:- If a dispute relates to same along with the fee if any paid by the party to the Board concerned.

60. Inspection of Record:-

(1) The record of the Board may be examined by the party concerned on payment of a fee of rupees ten only.

(2) A copy of the following documents may be obtained from the Board by the party concerned on the payment of the fee mentioned against each.

(i) Copy of Application … Rs. 5.00

(ii) Copy of the Written reply … Rs. 10.00

(iii) Copy of statement of Witness. … Rs. 5.00

(iv) Copy of any order passed by the Boards. … Rs. 10.00

(v) Copy of Decree. … Rs. 10.00

61. Fair Price Shops:-

(1) A Market Committee may, and if required by the Director General, shall provide funds in its annual Budget for the purchase and storage (including storing in cold-storage) of such agricultural produce as may be specified by the Director General for resale to growers and consumers through the fair price shops on nominal profit fixed, to growers of Market Committee.

(2) The Secretary shall maintain or caused to be maintained a separate record of accounts of the fair price shops which shall be subject to audit.

(3) Market Committee shall submit the monthly return of purchase, sales and others to the Deputy Director, who shall after scrutinizing submit the same to the Director General for record.

62. Duties and Powers of Secretary of Market Committee:-

(1) The Secretary shall be the Executive Officer of the Market Committee and shall be responsible for the day to day working of the office of the Market Committee and maintenance of its record, accounts and assets in accordance with the Act, Rules and Bye-laws.

(2) The Secretary shall work under the control of Chairman.

(3) The Secretary shall attend all meetings of the Market Committee or a sub-committee unless the sub-committee dispenses with his presence by the Market Committee or as the case may be.

(4) The Secretary shall advise the Market Committee and its Chairman in the light of the provisions of the Act, Rule and Bye-laws framed there under and directives of Government given by it from time to time.

(5) The Secretary handling Cash shall deposit cash security amounting to Rs. 2,000.00 and shall also furnish a personal security in the sum of Rs. 5,000.

63. Classification of Market Committee:-

(1)* The Market committee shall be classified by the Government by notification in the official gazette on the basis of their average annual income during the last three years as below:

Class ‘A’ = A Market Committee with an annual income exceeding 0.5 Million rupees or above.

Class ‘B’ A Market Committee with an annual income exceeding 0.25 Million but not exceeding 0.5 Million rupees.

Class ‘C’ A Market Committee with an annual income exceeding 0.15 Million but not exceeding 0.25 Million rupees.

Class ‘D’ = A Market Committee have an income of less than 0.15 rupees.

(2) A Market Committee of Class ‘A’, shall consist of eighteen members while Market Committee of Class ‘B’, ‘C’ and ‘D’ shall consist of ten members.

(3) All newly established Market Committee shall initially be placed in Class ‘D’.

64. Appointment of Necessary Staff of Pool Fund Committee:- The Sindh Market Committee employees services rules shall be applicable to the staff of Pool Fund Committee.

65. Audit of Market Committee ‘Pool Fund’ Accounts:- The audit of Market Committee ‘Pool Fund’ accounts shall be conducted by the Director Local Fund Audit, Sindh, Annually on the payment of Audit Fee approved by the Government.

66. Procedure to Apply for Grant in Aid Loans by the Market Committee:- The application by a Market Committee to the ‘Pool Fund’ committee for Grant in Aid or Loan shall contain the following particulars.

(a) Statement of Balance Sheet of last three years.

(b) Reasons for short fall in income.

(d) Current statement of Bank Balance.

(e) Site Plan proposed/approved sketch plan of the Project.

(f) Feasibility report of the project.

(g) Expected Monetary return to be accrued from the Project.

(h) Estimated cost of the project and amount of Grant in Aid or Loan required to accomplish the Project.

(i) In the case of loan the manner and the time within, when the loan is to be readjusted.

67. (1) No feeder market shall be established except under the permission of the Director General, Bureau of Supply and Prices, Sindh.

(2) A Market Committee or any person through the Market Committee may make an application to the Director General Bureau of Supply and Prices, Sindh for establishing a feeder market giving full details of the site where such market is intended to be established, and the Director General Bureau of Supply & Prices, Sindh or his representative shall inspect the site and accord approval’.

LICENSE FOR KIN OF LICENSE

GROUP-A. … Fee Rs. 200.00

Cotton Ginning and Pressing Factory, Oil Mill, Textile Mill, Ghee Mill, Rice Mill (Sheller& Huller), Importer and Exporter of Agricultural produce, Sugar Mill, Purchaser Agricultural produce on behalf of Mill, Wool Factory, Jute Factory, Tannery, Flour Mill, Milk Plant Tobacco Whole-sale dealers, Fruit Processing, Industries, Soap Factory, Roti Plant, Cold Storage, Refrigerator Plant, Bone Processing Factory, Tea (Leaves & Dust Processing Plant).

GROUP=B … Fee Rs. 100.00

Commission Agents of Grain Market, Vegetable and Fruit Markets, Hide & Skin Merchants, Wholesale Kiryana Merchants, Live Stock Dealer, Cotton Seed & Oil Cake Wholesale dealer, Wholesale Fodder Dealer, Baker Atta Machine, Pulses Processing Plant, Fish Wholesale Merchants.

GROUP-C … Fee Rs. 20.00

Retailers of Fruit & Vegetable (fresh)m Wool Hides & Skin, Oil Cake & Cotton Seed seller, Fodder (dry & green), Tobacco and its Products, Oil Expeller, Ration Depot Holders, Rice Husking Mill (Huller) retailers of Kiryana, Hide& Skin, Fish, Kohluala, Rehriwala.

GROUP-D … Fee Rs. 20.00

Fees for Duplicate Copy of:

(a) License under section-6 or in case of:

Group ‘A’ … Rs. 50.00

Group ‘B’ … Rs. 25.00

Group ‘C’ … Rs. 10.00

(b) Other Licenses

Penalty for Renewal of license after expiry of Previous Licenses:-

(a) Licenses under Section-6 or 9 in case of:

Group ‘A’ … Rs. 25.00 per month.

Group ‘B’ … Rs. 15.00 per month.

Group ‘C’ … Rs. 10.00 per month.

(b) Warehouseman … Rs. 10.00 per month.

(a) Throughout the Rules, except as amended or modified, for the words “Deputy Commissioner”, the words “Commissioner in the case of the Karachi Market Committee and the Deputy Commissioner in any other case” shall be substituted.

(b) References to any Rule in the said Rules, unless expressly amended or modified, be construed as references to that rule as amended or modified by this Notification.

FORM - J

(Rules 30 (2) of the Agricultural Produce Market Rules, 1940)

Market Committee…………………………………………..

Years ………………………………………………………..

Month………………………………………………………..

1	2	3	4	5	6	7	8	9	10	11	12	13	14
Date	Serial No.	Name, parentage Caste and address of the dealer submitting Form R-A with the Number of license if any.	Descriptor of the Agricultural product sold	Quantity of agricultural produce sold	Where sold by auction No and date of the application of the sclera	Fee chargeable to the market committee	Fee coveted with the No. date of the receipt issued	From whom recovered	Balance of fee to be recovered	Date on which collector moved for the recovery of the balance of fee	Date and amount of recovery of the balanceoffee	Fee declared unrecoverable	Remarks.
														As seller	As buyer.

FORM - K

Register of Licenses issued under Section 6/Section 9 of the agricultural

Produce marker Act 1939 (Act V of 1939)

Notified Marker Area…………………………………………………Marker Committee Year…………..

Date and month			Serial No		Grant of license				Renewals.			Order under Section 6 (2) of the Act			Remarks.
Date and month			Serial No				Name, parentage caste residence and address of the license			Nature of license	Date from which the license takes effect		Date on which the license expires	Fee received	Date of renewal-	Date from which the renewed takes effect.	Date on which the renewed term expires.	Fee received.	Signature.
1	2	3		4	5	6		7		8	9		10	11		12	13

License No.

FROM - A

Application for grant of license for (a) Setting up establishing or Continuing or allowing to Continue any place for purchase And sale of Agricultural Produce and or.

(b)Purchase and sale of Agricultural Produce Rule 6 (1) of the agricultural Produce Marker Rules- 1940.

In the office of the Market ……………………………………………..

Committee Notified marker area ……………………………………………..

(Here give the name of the Notified marker area as ser out in Govt.

Notification under Section 4(1) of The Act).

(a) (i) Name of the applicant with ………………………………………………

parentage caste, residence and ………………………………………………

Address in full ………………………………………………

(ii) Particulars of the place for ………………………………………………

which license is applied for ……………………………………………..

(here give the name or number of the street mohalla or sub division of the town where the …………………………………………….. place is situated and its number ……………………………………………. or other description sufficient ……………………………………………. to identify it. ……………………………………………. (b) If the applicant is a firm it a ……………………………………………

Hindu joint family firm or …………………………………………….

It been registered or not. ……………………………………………

the name of all persons

constitutional with pa4rcntage ……………………………………………..

full of each.

(iii) Name of the managing …………………………………………….

proprietors of Manager of the

firm. …………………………………………….

(d) Name of style under which ………………………………………………

applicant will work. ………………………………………………

(e) Whether the applicant or where

the applicant is a firm any ……………………………………………...

member thereof whether singly

or in collaboration with any ……………………………………………….

Body else holds a similar license For any other notified marker Area? If so which?

(f) Has the applicant or where the ………………………………………………

applicant is a firm has nay

member thereof singly or in ………………………………………………

collaboration with any body else

been granted a dealer license in ………………………………………………

nay notifies marker area in the

province and has such license ………………………………………………

if so when and for what ?

Certified that the facts set out in the application are true to my knowledge except paragraph ………………. which are true to my belief based on information supplied by.

Signature of the person making (Signature of applicant with date)

The verification with date and

Place of so doing.

FORM ‘B’

Setting up, establishing or continuing or all owing to continuing any place for the purchase and sale of agricultural produce and / or License of sale and purchase of agricultural of agriculture produce.

Rule 6(4) of the Agricultural Produce Market Rules 1940

Notified market area for which the license is granted.	No. of license	Particulars of the place for which license is granted.	Name, parentage caste residence and address in full, of the license	Date from which the license takes effect.	Date on which the license	Any additional condition under which the license is granted.	Fee paid.	Remarks.
1	2	3	4	5	6	7	8	9

(Date and Place of Office of issue) (Signature of the Officer issuing

the license with designation )

“B” ( SECOND LEAF)

RENEWAL OF THE LICENSE

Date of renewal.	Date from which renewal takes effect.	Date of Expiry.	Fee paid.	Remarks.	Signature of the renewing authority with designation.
1	2	3	4	5	6

Order AASSED UNDER SECTION 6(2) Of The Act

Serial No.	Date of Order.	Nature Of the Offence	Substance Of the Order.	Name and design timing to the officer making the order	Signature of the officer making the order	Remarks.
1	2	3	4	5	6	7

Conditions of the License

The license is granted subject to the following conditions:-

1. The license shall comply with provisions of the Agricultural produce Markers Act 1939. the rules framed the rounder and the byelaws of the marker committee constituted of the area mentioned in column No. of the license for the time being inforce.

2. the license shall not permit evasion or infringement of any of the precisions of the Act the Rules and bye- laws mentions under (1) above and shall report in writing to the marker committee any evasion or breach which comes to his knowledge.

3. The licensee shall surrender his license to the authority issuing or renewing or renewing or any authority competent to take action under sub section (2) of section 6 of the Act or the marker committee of the area for which the license is available.

4. the licensee shall conduct his business honestly according to the principles of fair dealings.

5. The licensee shall be liable to have his license cancelled:-

(a) If he boycotts or encourages the polycot of any other licensee at

(b) If he resigns from membership of the marker committee for any reason which is not sufficient in the opinion of the government of justify such resignation or.

(6) A licensee shall intimate immediately to the marker committee the

date on which he suspends or gins up his business or profession, failing which hw shall be black listed on the expiry of a period or grace of 7 days . If he wishes to start his business again in the same or some other market he shall be allowed to do so on payment of a penalty prescribed in the Schedule.

Form A-B

Application for the renewal of a license for purchase and sale of Agricultural produce

Rule 46 (1) of the Agricultural produce Marker Rules- 1940.

In the office of the marker Committee

(1) Notified marker Area

(here give the name of Notified marker

area as ser out n Gove . Notification

under Section 4 (1) of the Act. ……………………………..

(2) Name of the applicant with parentage

Cast residence address in full and

Particulars of the place for which license

Is issued.) …………………………….

(3) Name of the managing proprietor of

Manager of the firm ..……………………………

(4) License No. ……………………………..

(5) Date n which the license expires . .…………………………….

(6) year of Renewal ……………………………

(7) Fee paid …………………………….

(8) Has the applicant or where the applicant

is a firm has any member thereof singly

or in collaboration with any body else

been granted a dealers license in any

notified marker area in the province and

has such license been suspended or

chandelled if so when where and for

what ? ………………………….

Certified that the facts ser out in the application are true to may knowledge except paragraph …………………………… which are true to my belief being based on information supplied by …………………………….

Signature of the person making the

Verification with date and place so

Doing (Signature of the applicant with date)

Verified and submitted to the chairman for renewal of the license

Secretary

MARKER COMMTEE

FORM – D

Application for the grant of a license of Broker’s / Weighman ‘s surveyors ware-houseman ‘s, Measurer’s/ Changer’s / Boreota and Rolas.

Rule 23 (1) of the Pubjab agricultural produce marker Rules 1940)

In the Office of the Marker Committee ……………………………………….

Notified Marker Area……………………………………………………………

(He4re give the name of the notified market

area as ser out in the government notification

under section 4 (1) of the Act.)

a) Name of the applicant with parentage caste residence and address in full …………………………………………………………………………….. ……………………………………………………………………………..

(b) If the applicant is a firm is it a Hindu joint family firm or otherwise construed and has it been registered or not?................................................ ……………………………………………………………………………..

(c) (i)…If the applicant is a firm give the names of all persons constituting it with parentage caste residence and address in full of each ……………………………………………………………………………. ……………………………………………………………………………..

(ii) Name of the managing proprietor or manager who will actually conduct the business………………………………………………………………...

(d) Name or style under which the applicant will play his trade……………… ……………………………………………………………………………..

(e) Does the applicant wish to be licensed as a broker / weigh man / measurer/ surveyor or warehouseman ?......................................................

(f) Has the license if any granted previously to the applicant or if the applicant is a firm or any member the f singly or in collaboration with any day else fro working as a broker weigh man measurer surveyor or warehousman in this notify marker area been chandelled? If so when and for what period?............................................................................................. ……………………………………………………………………………..

Certified that all the facts ser out on the application are true to may knowledge

Except paragraphs………………......................... which are true my belief being based on information supplied by ………………………………….. ……………………………………………………………………………………

Signature of the person making the

Verification with date and place of so doing

(Signature of the applicant

with date)

Note-1 license to work as weigh man measurer or surveyor shall only be granted to individuals and not to firms.

……………………………………………………………………………………

(2) In case the application is made by a firm it may be signed by the managing partner only.

Form - D-A

APPLICATION FOR STHE RENEWAL OF A BROWKER WEIGHAMAN’S SURVEYOR ‘S WAREHOUSMAN LICENSE

Rue 46 (1) of the Agricultural produce Market / Rules 1940)

In the office of the marker Committee,………………….District……………….

(1) Name of the notified marker area for which

the license has been issued …………………………….

(2) Name of the applicant (with full particulars

of the of place of business …………………………….

(3) Name of the managing proprietor or the

manager of the firm if any

(4) Number of license ……………………………..

(5) Date on which the license expires ……………………………..

(6) Year for which renew2al is requested ……………………………..

(7) Fee paid ……………………………….Rs. ………………………………

(8) Has the applicant or where in the case of

a warehousman the applicant is a firm

has any member thereof singly or in

collaboration with any body else been

granted a license for working as a broker

houseman in any notified marker area in

suspended or dandled if so when where

and of what period ………………………….

Certified that all the set our in the application are true to my knowledge except those is paragraph ………………………… which are true to my belied being based on information supplied by ………………………………………… ……………………………………………………………………………………

Signature of the person making the

Verification with date and

place of doing so.

Signature of the applicant

Date…………………......

Report by the Secretary of the Marker Committee……………………………… …………………………………………………………………………………… .Date ……………………………………………………………………………..

Orders of Cancellation or Suspension of the license

(Rules 23 of the Agricultural Produce Markers Rules, 1940)

1	2	3	4	5	6	7
Serial No.	Date of Order.	Nature Of the Offence	Substance Of the Order.	Name and design timing to the officer making the order	Signature of the officer making the order	Remarks.

FORM - F

Application for the sale by Auction of Agricultural produce (Rules 28 (I) of the Agricultural Produce Markers Rules, 1940)

1. Market Committee

2. Name parentage residence address and

License no if any of the owner of ……………………..

Agricultural produce

3. Description of the agricultural produce

4. Approximate quantity of the agricultural

produce.

5. Date on which sale by auction may be …………………………

held

I hereby apply for the sale by auction of the above mentioned agricultural produce according to the precisions or the agricultural produce marker act her rules farmed hereunder and the a by élans of the marker committee mentioned at No I above and agree to abide by the same.

(Signature of the applicant)

Date……………………

Condition of license

This hence is granted subject to the following conditions :-

(1) The licensee shall comply with the precision of the Agricultural produce Marker Act 1939 the rules famed there-under and the Byelaws of the marker committee issuing the license for the time being in

(2) The licensee shall not permit evasion or infringement of any of the precisions Rules and Byelaws mentioned under (I) above and will report in writing to the market committee and evasion or breach which comes to his knowledge

(3) The licensee shall surrender his license on demand to the marker committee of the area for which the license is variable.

(4) The licensee shall conduct his business honestly according to the principles of fair dealings

(5) Where the licensee is a warehouseman he shall main to the warehouse in the ware house shall not be damaged by rain damp rodents birds or insects.

(SECOND LEAF)

Renewal of the License

1	2	3	4	5	6
Date of renewal.	Date from which renewal takes effect.	Date of Expiry.	Fee paid.	Remarks.	Signature of the renewing authority with designation.

FORM - E

License to a Broker/ Weighman / Measurer / Surceyor / Warehouseman /Changer / Palladar /Doriota and Rola

(Rule 23 (1) of the Agricultural Produce markets Rules 1940)

1	2	3	4	5	6	7	8	9
Notified marker arc for which the license is grouted	No of the License	Is the license for working as a broker weighman measurer	Date 1on which the license rakes effect	Date on which the license rakes effect	Date on which the license	Any addition under which the license is granted	Fee paid	Remarks

Date and place of issue

Signature of the chairman or other official of the

Marker committee authorized to sign)

(Seal of the marker committee)

(To be filled by the committee’s office)

1. Monthly serial No of the application ……………………………………

2. Auctioneer deputed ……………………………………………………..

Signature of the member of the marker committee deputing the

Auctioneer with date

(to be filled by auctioneer )

1. Date of auction ……………………………..

2. Time of auction : from to …………….to…………….

3. Name Parentage caste residence,

Address and license No if any of the

Buyer.

4. Rate at which agricultural produce sold …………………………….

5. Total sale price to be paid by the buyer …………………………….

Date………………………………………………..

Signature of the auctioneer

FORM - G

(Rule 28 (4) of the Agricultural Produce Markets Rules, 1940).

Name of the marker ……………………………………………………………...

Auction of Agricultural produce described in application No ………………….

………………………….. belonging to ………………… held on …………….. ………………………….. at auction depot No …………………………….

Name of the bidder, with

Parentage caste residence and

License number if any

1 to 10

Signature of the bidder

Bid made whose did is

Accepted

Auction started at ………………………………… a,m /pm

Auction Started at ……………………………… a.m / p m

Signature of the auctioneer ………………………………………………………

Signature of the broker if any with license No…………………………………

Signature of the seller ………………………………………………………….

Signature of the buyer …………………………………………………………..

Signature of the committee’s secant, if any ……………………………………...

FORM - H

Receipt Book of firm ……………………………………………..

License No………………………………………………………..

(1) Name, parentage caste residence and

i address of the owner of the

agricultural produce ………………………

(2) Name parentage caste residence and full

address or license no if any of the buyer. ………………………

(3) Nature of Agricultural produce sold ………………………

(4) Total weight of Agricultural produce. ………………………

(5) Rate at which sold. ………………………

(6) Total value of Agricultural Produce sold. ………………………

(7) Adjustment of weight ………………………

(8) Details of expenses and other charges ………………………

Date and Signature of the

Commission agent/buyer

N.B.- The above form will have its foil and counterfoil

“The Columns under Receipt foil k will exactly be the same as those under Recipe counterfoil.

FORM - H-A

Return of Daily Purchase and Sales

(Rules 30 (1) of the agricultural Produce Markers Rules 1940)

Date……………………………………….Marker Committee…………………

Name of dealer ………………………………..

No of License…………………………………..

Serial No.	Commo dities	Purchased	Sold		emarks
				TotalWeight		Rate of Purchase	otal eight	Rate of Sale
1	2

FORM - I Counter foil of Receipt	FORM - I Receipt for Money Paid
(Rules 29 (8) of the Agricultural Produce marker Rules 1940	(Rules 29 (8) of the Agricultural Produce marker Rules 1940
Notified marker Area ………………...	Notified marker Area…………………
Book No ……… Receipt No………….	Book of payment…………………….
Amount paid …………………………	Date of payment………………………
Nature of payment ………………….	Nature of payment……………………
Name parentage, caste, residence or License no if any of the person on Whose behalf the payment is Made………………………………. ……………………………………..	Name parentage caste residence or license No if any of person on whose behalf the payment is made………… …………………………………………
Name and designation of the person	Name and designation of the person
Receiving payment………………….	Receiving payment …………………..
Signature of the person receiving	Signature of the person receiving
Payment………………………………	Payment…………………………….
Initials of the checking authority with The date of so doing ……………….

SIND MARKER COMMITTEE UNIFIED GRADE SERCICE

RULES 1983

1. (1) These rules may be called the Sind Marker Committees Unified Grade Service Rules , 1983

(2) They shall come into force at once Definitions

2. In these rules unless the context otherwise requites the following expressions shall have the meanings hereby respectively assigned to them that to say –

(a) Act means the Agricultural Produce Marker Act 1939

(b) Appointing Authority means in relation to a post below grade 17 the Director general and in relation to a post in grade 17 the Secretary industries and Mineral Development Department

(d) Direction general means the Director General of the B.P.S. time to

time by the government for its employees which shall be applicable to the members of service.

2. (e) Basic Scale means a basic scale of pay sanctioned from time by the government for its epees which shall be applicable to her members of service

(f) Initial appointment means the appointment made otherwise than by promotion

(h) post means a post in the service

(i) Promotion Committee means the promotions committee contoured

under these rules

(j) Schedule means the schedule to these rules

(k) Selection committee means the Selection Committee Constituted under these rules

(I) Section means a section of the Act

(m) Service means the Sind marker Committees unified Grade

Service means the Sindh marker Committees Unified Grade

Service construed under section 16

3. All persons working immediacy before the coming into for of these rules against the post included in the Secrecies shall be dame to be the members of the service.

4. Appointment to a post shall be made by promotion from amongst the members of the Service on seniority-cum-fitness basis or by initial recruitment on the basis of the method of recruitment prescribed, hereunder.

5. There shall be constituted by the Government one or more promotion committees and Selection committees and each such Committee shall consist of at least three members, one of whom shall be appointed as its Chairman.

(2) Appointment to a post shall be made by promotion on the recommendation of the Selection committee: Provided that where the appointing authority for basic scale

16 and below does not accept the recommendation of the Promotion & Selection Committee, it shall record the reasons there of and obtain orders of the next higher authority.

6. (1) For the purpose of appointment by promotion a list of seniority of all members of the service in their respective caders shall be maintained by the bureau and the names of the persons for promotion shall be furnished to the Promotion Committee in accordance with their seniority along with their service record relevant to the determination of their fitness.

(2) The promotion committee shall, after scrutinizing the record and making such inquiries as it deems fit, make its recommendations to the appointing authority.

APPOINTMENT BY INITIAL RECRUITMENT

7. (1) All posts to be filled in by initial recruitment shall first be advertised in at least two daily newspapers by the Director General and on receipt of the applications, the Selection committee shall be required to consider the suitability of the candidates by subjecting them to a written test or interview and to make recommendation of the names of candidates fit for appointment in the order of merit.

(2) No person shall be appointed to the Service by initial appointment who is less than eighteen years or more than twenty five years of age provided that the upper age limit may be relaxed by the relaxed by the appointing authority up to five years and by the Government.

Explanation: - For the purpose of upper age limit under this rule—

(a) In the case of a person whose Service under the Government has been terminated for want of vacancy, the period of service already rendered by him shall be excluded from his age.

(b) In the case of ex-fence personnel, the interval between the date of his release from the defense forces of

Pakistan

including the Mujahid force and the date of re-employment in Civil Department, subject to a maximum of seven years and the whole of the period of service rendered by him in such forces shall be excluded from his age.

(3) No. Person shall be appointed to a post in the Service by initial appointment unless he possesses the qualifications prescribed for the piston the scheduled.

(4) No person not already in the service of Government or belonging to the Sindh Councils Unified Grades Service shall be considered for appointment to a post by initial recruitment unless he produces character certificates from civil secants in B-S 17 or above not being his relatives.

(5) A candidate for appointment to the service by initial recruitment shall b e a citizen of

Pakistan

and a domicile of the porcine of Sindh

PROBATION.

8. A person appointed to a post by initial recruitment shall be on probation for two years and adperson appointed otherwise shall be on probation for one year.

CONFIRMATION.

9. Confirmation in permanent and clear cant post shall follow successful completion of probationary period and passing of such examination to under going such training as may be prescribed by the Bateau with the approval of the Government.

SENIORITY.

10. (1) The seniority of a member of the Service shall be reckoned from the date of his continues appointment in cader.

(2) There shall be separate seniority list of the members of the Service in each cader and for whom appointment same qualification and experience are liad down.

(3) The inter-se-seniority of the members of the Service shall be determined.

(a) In the case of persons, appointed by initial recruitment in the order of merit assigned by the Selection Committee provided that a person selected earlier shall rank senior to that selected later.

(b) In the case of persons, appointed by promotion on the basis of their inter-se-seniority in the lower post.

(c) In the case of persons appointed by initial recruitment vis-à-vis persons appointed by promotion in a batch or on the same date on the basis that persons appointed by promotion shall rank senior to those appointed by initial recruitment.

(d) In the case of person not covered otherwise on the basis that older in age shall rank senior to the younger.

(4). Nothing herein contained shall be construed to affect the inter-se-seniority of such members of the service determined in accordance with such rules or orders, if any; as were applicable to them before the commencement of these rules;

(5). The appointing authority shall, in the month of January, every year, cause to be prepared or, as the case may be, revise the seniority list under sub-rule (1).

(6). A member of the Service, who is not promoted on his turn on the ground that.

(a) His seniority is under dispute or is not determined; or

(b) He is on deputation, training or leave;

(d) He is not considered fit for promotion for any reason other than his un-fitness for promotion; shall, on subsequent promotion, subject to any order made by the competent authority in this behalf for the purpose of inter-se-seniority in the higher cader, be deemed to have been promoted on the same date as his junior.

11. Annual Confidential Reports of the members of the service shall be written and countersigned in the same manner as prescribed for the civil servants

*12. (1) Gratuity. A member of the service who has after the constitution of the service ceased to be such member on account of superannuation, compulsory or voluntary retirement, termination, removal, resignation, invalidation or death, but not on account of dismissal, and has before so ceasing completed five years service in the case of invalidation of invalidation or death and ten years service in other case, shall be entitled to receive gratuity at the rate of one month’s pay last drawn for each completed year of service.

Provided that the member of the service who has been removed or retired compulsorily after completing fifteen years of services shall be entitled to two-third of the total amount of the gratuity.

Provided further that the amount of gratuity shall not exceed one lac of rupees.

(2) In the case of the death of a member of the service, the amount of the gratuity shall be paid to the nominee if any, of the deceased for distribution amongst the heirs, and if there be no nominee, to the heirs of the deceased.

“SCHEDULE”

Serial Name of the post with scale

No.

Minimum Qualification for Initial Recruitment

1. Secretary “A” Class Market Committee

B.P.S.-17

2. Secretary “B” Class Market Committee

B.P.S.-16

3. Secretary “C” Class Market Committee

B.P.S.-15

4.Secretary “D” Class Market Committee

B.P.S.-16

5.Secretary Officer “A” Class Market Committee

B.P.S.-13

6.Secretary “B” Class Market Committee

B.P.S.-13

7.Office Superintendent “A” Class Market Committee

B.P.S.-13

M. Sc. Agricultural Economics or M.A. (Economics) at least Second Division from a recognized University.

M. A. (Hons) Agricultural Economics or graduate (with Commerce or Economics) at least 2nd Division from a recognized University with three years experience in Agricultural Marketing.

Graduate at least 2nd Division from a recognized University with three experiences in Agricultural Marketing.

Graduate at least 2nd Division from recognized University with two years experience in Agricultural Marketing.

B.Com. at least 2nd Division from recognized University with five years experience accounts.

B. Com. at east 2nd Division from a recognized University with three years experience accounts.

Graduate at least Second Division from a recognized University with five years Office experience.

1 2

8. Office Assistant “A” & “b” Class Market Committee,

P.B.S.-11

9. Chief Inspector “A” Class Market Committee

P.B.S.-15

10.Chief Inspector “B” Class Market Committee

P.B.S.-14

11. Chief Inspector “C” Class Market Committee

B.P.S.-13

12. Inspector “A” & “b” Class Market Committee

B.P.S.-13 & 12

13. Inspector “C” Class Market Committee

B.P.S.-11

14. Sub-Engineer (overseer) “A” Class Market Committee

B.P.S.-14

Graduate at least Second Division from a recognized University.

B. Sc. (Hons) Agricultural Economics 5or graduate at least 2nd Division from a recognized University with four years experience in Agricultural Marketing.

B. Sc. (Hons) Agricultural Economics or graduate at least 2nd Division from recognized University with three years experience in Agricultural Marketing.

B. Sc. (Hons) Agricultural Economics or graduate at least 2nd Division from recognized University with two years experience in Agricultural Marketing.

B. Sc. (Hons) Agricultural Economics or graduate at least 2nd. Division from recognized University with two years experience in Agricultural Marketing.

Graduate ate least 2nd Division in Agricultural Economics or Commerce as one of the subject, from a recognized University.

Diploma (3 years Course) in Civil Engineering at least 2nd Division from a recognized Institutions.

SIND MARKET COMMITEE UNIFIED GRADE SERVICE

EMPLOYEES

(EFFICIENCY AND DISCIPLINE RULES 1983)

1. Short title, commencements and application-(1) These rules may be called the Sind Market Committees Unified Grade Service (Efficiency and Discipline Rules, 1983.

(2) They shall come into force at once.

(3) they shall apply to all members of the service.

2. In there rules unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned” to them:-

(1) “Accused” means a member of the service against whom action is taken under these rules;

(2) “Authority” means the Government or appointing authority of Sindh Market Committee Unified Grade Service;

(3) “Authorized Officer means any person or authority authorized by the authority to perform functions of an authorized officer under these rules;

(4) “Market Committee” mean a market committee constituted under these rules;

(5) “Misconduct” mean conduct prejudicial to good order of service discipline or unbecoming of an officer and a gentleman and includes any act on the part of a member of the service to bring or attempt to bring political or other outside influence directly or indirectly to bear on the Government or any Government officer or the Market Committee in respect of any matter relating to the appointment, promotion, transfer, punishment, retirement or other conditions of his service;

(6) “Penalty” means a penalty which may be imposed under these rules; and

“Service” means the Sindh Market Committees Unified Grade Service constituted under the Agricultural Produce Markets Act, 1939.

3. Grounds for penalty-(1) Where a member of the service in the opinion of the authority;

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

(i) he is or any of his dependents or any other person through him or on his behalf is, in possession (for which he cannot reasonably account) of pecuniary resources or of property disproportionate to his known sources of income; or

(ii) he has assumed a style of living beyond his ostensible means; or

(iii) he has a persistent reputation of being corrupt; or

(b) is engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with others engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person, and his retention in service is therefore prejudicial to national security, the authority may impose on him one or more penalties.

(2) the following are the minor and major penalties namely:-

(a) Minor penalties----

(i) Censure;

(ii) withholding, for a specific period promotion or increment, otherwise than for unfitness for promotion or fanatical advancement, in accordance with the rules or orders pertaining to the service or post.

(iii) stoppage, for a specific period, at an efficiency bar in the time scale, otherwise than for unfitness to cross such bar;

(iv) recovery from pay of the whole or any parts of any pecuniary loss caused to Government or market Committee by negligence or breach of orders;

(b) Major Penalties--

(i) Reduction for a specific period to a lower post or time scale or to a lower stage in a time scale;

(ii) Compulsory retirement;

(iii) removal from service; and

(iv) dismissal from service.

(3) Removal from service does not, but dismissal from service does, disqualify for future employment.

(4) In the rule removal or dismissal from service does not include the discharge of person--

(a) appointed on probation, during the period of probation or in accordance with the probation or training rules applicable to him; or

(b) appointed, otherwise than under a contract, to hold a temporary appointment, on the expiration

of the period of appointment; or

4. (1) If in the opinion of the authorized officer, there are sufficient grounds for proceeding against the members of the service under these rules he shall take action in accordance with rule 5.

(2) Notwithstanding anything contained in these rules the authority may in any case exercise all powers of authorized officer or give any direction to the authorized officer as if may deem fit.

5. Inquiry procedure:- the following procedure shall be observed when a member of service is proceeded against under these rules:-

(1) In case a member of service is accused of subversion, corruption or misconduct, the authorized officer may require him to proceed on leave or, with the approval of the authority, suspend him provided that any continuation of such leave or suspension shall require approval of the authority, after every three months.

(2) The authorized officer shall decide whether in the light of facts of the case or the interests of justice an inquiry should be conducted through an Inquiry Officer or Inquiry Committee. If he so decides, the procedure indicated in rule 6 shall apply.

(3) If the authorized officer decides that it is not necessary to have an inquiry conducted through an inquiry Officer or Inquiry Committee, he shall-

(a) by order in writing, inform the accused of the action proposed to be taken in regard to him the grounds of the action; and

(b) give him a reasonable opportunity of show sause against that action:

Provided that no such opportunity shall be given where the authority is satisfied that in the interest of the security of

Pakistan

or any part there of it is not expedient to give such opportunity.

(4) On receipt of the report of the Inquiry Officer or Inquiry Committee or where no such officer or committee is appointed on receipt of the explanation of the accused, if any, the authorized officer shall determine whether the charge has been proved and--

(a) if it is proposed to impose a minor penalty, he shall pass order accordingly;

(b) if it is proposed to impose a major penalty, he shall forward the case to the authority alongwith the charge and statement of allegation served on the accused the explanation of the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and own recommendations regarding the penalty to be imposed, and the authority shall pass such orders as it may deem proper.

(5) the order passed by the Authority or the authorized officer shall, alongwith a copy of the enquiry report, if any, be communicated to the accused within fifteen days of such orders;

(6) If two or more members of the service are proceeded against jointly, the authority or authorized officer in respect of the senior most member amongst them shall be the authority or authorized officer as the case may be in respect of all such members.

6. Procedure to be observed by the Inquiry officer and Inquiry Committee.

(1) Where an Inquiry officer Or Inquiry committee is appointed, the authorized officer shall;

(a) frame a charge and communicate it to the accused together with statement of the allegations

explaining the charge and or any other relevant circumstances which are proposed to be taken into consideration;

(b) require the accused within a reasonable, time which shall not he less than seven days or more than

fourteen days from the day charge has been communicated to him put in a written defence and to

state at the same time whether he desires to be heard personally.

(2) The inquiry Officer or the Committee, as the case may be, shall enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused as may be considered necessary and the accused shall be entitled to cross-examine the witness against him.

(3) The Inquiry Officer of the Committee, as the case may be shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing and where any adjournment is given --

(a) it shall not be for more than a week;

(b) and the reasons thereof shall be reported forthwith to the authorized officer

(4) Where the Inquiry Officer or the Committee, as the case may be is satisfied that the accused is hampering, or attempting to hamper, the progress of the enquiry he or it shall administer a warning, and if thereafter he or it is satisfied that the accused is acting in disregard of the warning, he or it shall record a finding to that effect and proceed to complete the inquiry in such manner as he or it thinks best suited to do substantial justice.

(5) the inquiry Officer or the Committee, as the case may be shall within ten days of the conclusion of the proceeding or such longer period as may be allowed by the authorized officer, submit his or its finding and the grounds there of to the authorized officer.

7. Powers of Inquiry Officer and Inquiry Committee:-(1) for the purpose of an inquiry under these rules, the Inquiry Officer and enquiry committee shall have the powers of a Civil court trying a suit under the Code of Civil procedure, 1908 (Act V of 1908) in respect of the following matters, namely:-

(a) Summoning and enforcing the attendance of any person examining him on oath;

(b) requiring the discovery and production of documents;

(2) The proceeding under these rules shall be deemed to be judicial proceeding within the meaning of section 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).

8. Rule not to apply in certain cases:-

(a) where the accused has been convicted by a court and sentenced to imprisonment or fine on charges involving moral turpitude, in which case the competent authority shall on receipt of intimation of the conviction, make an order dismissing or removing the accused from service or reducing him in rank as it deems fit; provided that in case of conviction on charge of corruption on charge of corruption the accused shall be dismissed from Service.

9. Procedure of inquiry against persons lent to Government or local or other Authority:-

(1) Where the services of a person to whom these rules apply are lent to Government or to a local or other authority in this rule referred to as the borrowing authority, the borrowing authority, shall have the powers of the authority or the purpose of placing him under suspension or requiring him to proceed on leave and initiating proceedings against him, under these rules;

Provided that the borrowing authority shall inform the authority which has lent his services, hereinafter in this rule referr3ed to as the lending authority, of the order of his suspension or the commencement of the proceedings, as the case may be:

Provided further that the borrowing authority shall obtain prior approval of government before taking any action under these rules against a member of service;

(2) If, in the light of the findings in the proceeding taken against the member of the service in terms of sub rule (1) the borrowing authorities of opinion that any penalty should be imposed on him, it shall transmit to the lending authority the record of the proceedings and thereupon the lending authority shall take action as prescribed in these rules.

10. (1) A member of the service aggrieved by an order of the authorized officer or authority may, within thirty days from the date of the order appeal to Government:

Provided that where the penalty is imposed by Government there shall be no appeal but the aggrieved person may apply for review of the order.

Explanation:- For the purposes of this sub-rule the period of thirty days shall be reckoned with effect from the day following the day on which the order appealed against is communicated to member of the service.

(2) Government shall, on receipt of the appeal, call for the record of the case from the authorized office or the authority, as the case may be and after perusal of such record and if considered necessary hearing the appellant may be make such order as it may deem fit:

Provided that if that Government propose to enhance the penalty it shall give the appellant reasonable opportunity to show cause against the enhancement of the penalty.

SIND MARKET COMMITTEE

UNIFIED GRADE EMPLOYEES

LEAVE RULES 1986

1. (1) These rules may be called the “Sind market Committees unified Grade Leave Rules, 1986.

(2) They shall come into force at one.

(3) They shall apply to all employees.

2. Unless there is anything repugnant in the subject or context: -

(a) “Act” means the Agricultural Produce Markets Act, 1939;

(b) “Competent authority” means the appointing authority of the employees or the authority designated by virtue of delegation or authorization to exercise powers under these rules;

(d) “duty rendered” means the period of duty rendered by an employee in terms of calendar months;

(e) “Earned leave” means the leave earned by an employee in accordance with these rules together with the balance of such leave accumulated or debited to the employee before the coming into force of these rules;

(f) “Employee” means a member of the said service;

(g) “Form” means a form appended to these rules;

(h) “Leave Account: means the account of the earned leave and the leave granted there from maintained in form-II by the Director General of the Bureau of Supply and Prices, sind;

(i) “Service” means the Sind Market Committees Unified Grade Service.

3. No leave can be claimed as a matter of right and the competent authority may, where the exigency of service to require, refuse or revoke leave of any description.

4. Leave shall be applied for, expressed and sanctioned to an employee, by the competent authority in terms of days.

CHAPTER-II. EARNED LEAVE

5. The duty rendered by an employee shall qualify him to earn leave in accordance with these rules.

6. (1) the earned leave shall be calculated at the rate of four days for every calendar month of the period of duty rendered and credited to the leave account as “Leave on Full Pay” and duty period of fifteen days or less in a calendar month being ignored and those or more than fifteen days being treated as a full calendar month for the purpose,---

Provided that all leave earned by an employee immediately before the coming into force of these rules on average pay and accumulated plus half of the leave earned on half average pay and accumulated shall be brought forward to the leave account as earned leave.

(2) If an employee proceeds on leave during a calendar month and returns from it during another calendar month and the period of duty in either month is more than fifteen days the leave to be credited for both the incomplete months shall be restricted admissible for one full calendar month only.

(3) the earned leave admissible to an employee shall be calculated up to the date of the grant of leave and at the end of every calendar year for that year and after deducting the leave availed of from leave admissible, the balance shall brought forward to the account for the calendar year immediately following thereafter.

(4) when an employee returns from leave not due, no leave on full pay shall become due to him until the leave not due and availed of is balanced by the earned leave.

7. The maximum period of leave on full pay that may be granted at one time shall be: -

(a) One hundred and twenty days without medical certificate; and

(b) One hundred and eighty days with medical certificate.

8. (1) Except other wise stated, and application in form I for leave or for an extension of leave shall be made to the Chairman of the Market Committees where the employee is employed.

(2) an employee may apply for the type of leave which is due and admissible to him and it shall not be refused on the ground that another type of leave should be taken in the particular circumstances.

9. (1) On receipt of an application for grant of leave the admissibility thereof shall, as for as possible, be assessed from the leave account of the employee before the leave is granted. (2) Leave may be granted by the competent authority.

(3) In case where all the applications for leave cannot, in the interest of public service, be sanctioned simultaneously, the competent authority may consider as how many applicants cam, for the time being be spared, and shall give priority to: -

(4) when an employee returns from leave not due, no leave on full pay shall become due to him until the leave not due and availed of is balanced by the earned leave,

7. The maximum period of leave on full pay that may be granted at one time shall be: -

8. (1) Except other wise stated, and application in form I for leave or for an extension of leave shall be made to the Chairman of the Market Committees where the employee is employed.

An employee may apply for the type of leave which is due and admissible to him and it shall not be refused on the ground that another type of leave should be taken in the particular circumstances.

9. (1) On receipt of an application for grant of leave the admissibility thereof shall as for as possible be assessed from the leave account of the employee before the leave is granted.

(2) Leave may be granted by the competent authority.

(3) In case where all the applications for leave cannot, in the interest of public service, be sanctioned simultaneously, the competent authority may consider as how many applicants can, for the time being be spared, and shall give priority to; -

(a) The applicants who were last recalled compulsorily from leave; and

(b) The applicants who were required to make adjustment in the timing of their leave on the occasion to the instant time.

10. (1) Leave on full pay may be converted into leave half pay on the request of the employee, but the debit to the leave account shall be at the rate of one day for every two days of such leave fraction of one half counting as one full day’s leave on full pay.

(2) There shall be no limit on the grant of leave on half pay so long as it is available by conversion.

11. Leave may be granted ex-Pakistan on full pay to an employee, who applies for such leave or who proceeds abroad firing leave and makes a specific request for leave to be enjoyed ex-Pakistan.

12. If at any time there is no leave at the credit of an employee and the employee is likely not due on full pay to be offset against leave to be may be granted leave not due on full pay to be offset against leave to be earned in future for a maximum period of 265 days in the entire period of service, subject to the condition that during the first five years of service such leave shall not exceed 90 days in all, and the aforesaid limit shall be subject to conversion in accordance with these rules if the whole or any part of such leave is granted on half pay.

13. (1) Subject to the availability, and employee may be granted leave preparatory to retirement on full pay from the leave account to a maximum of 365 days ending on the date of superannuating or on the date of voluntary retirement or on completion of thirty year qualifying service and convertible parly or wholly into leave on half pay. But the duration of the total leave including the actual period of leave on half pay, if any shall not exceed 365 days.

(2) Application for leave preparatory to retirement shall be submitted at least 120 days before the date of the proposed commencement of the leave.

CHAPTER-III OTHER TYPES OF LEAVE

14. A female employee shall be granted maternity leave on full pay for a maximum period of ninety days ending on the fortieth day of confinement, and the leave after that day or the period exceeding ninety days up to that day shall be treated as leave admissible to and desired by the employee:---

Provided that earned leave may granted in lieu of the maternity leave after the third maternity.

15. (1) A female employee shall, on the death of her husband, be granted special leave when applied for on full pay, for a period not exceeding 180 days, which shall not be debited to her leave account.

(2) The special leave shall commence from the date of the death of the husband of the employee and the employee shall furnish the death certificate to the competent authority either along with the application for special leave or, if that is not possible, at any time thereafter.

16. Disability leave may be granted to an employee disabled by injury, aliment or disease contacted in the course or in consequence of duty, outside the leave account on such occasion, up to a maximum of seven hundred and twenty days of which 180 days shall be on full pay and the remaining on half pay on such medical advice as the competent authority may consider necessary.

17. (1) Extra-ordinary leave may be granted on any ground up to maximum of five years at a time : provided the employee to whom such leave is granted has been in continuous service for a period of not less than ten years, and in case if an employee who has not completed ten years of continuous service extra-ordinary leave for a maximum period of two years may be granted at the discretion of the competent authority;

Provided that the maximum period of five years shall be reduced by the period of leave on full pay or half pay, if granted in combination with the extra-ordinary leave.

(2) Extra-ordinary leave may be granted retrospective in lieu of absence without leave.

18. (1) If leave preparatory to retirement cannot for reasons of public service be granted to an employee or the employee opts at least ninety days before the commencement of such leave not to avail of the same, the employee shall be allowed encashment of half the leave preparatory to retirement, provided that such encashment shall not exceed one hundred and eighty days.

(2) For the leave so encased the employee shall in addition to his salary be paid leave pay in lump sum at the time of retirement or for thirty days after month by presenting arrears bills, a month being counted as consisting of thirty days

19. In case an employee on leave preparatory to retirement dies before completing 180 days of such leave, his family shall be entitled to lump sum payment equal to period falling short of one hundred and eight days.

20. In case an employee dies while in service, lump sums payment of full pay up to 130 days out of the leave at his credit shall be made to his “family” as defined for the purpose of family pension.

21. If an employee is recalled to duty compulsorily, with the personal period of leave draw the pay or half-pay as the case may be, and all allowances admissible to such employee immediately before proceeding on such leave.

22. If an employee is recalled to duty compulsorily, with the personal approval of competent authority from leave of any kind that he is spending away from his head-quarters, he may be granted a single return fare plus daily allowance as admissible on tour from the station where he is spending his leave to the place where he is required to report, for duty:

Provided that if the employee is recalled to duty at the headquarters and his remaining leave is canceled, the fare then admissible shall be for one-way journey only.

23. An employee who remains absent after the expiry of his leave shall not, unless the leave is extended by the competent authority, be entitled to any remuneration for the period of such absence, and besides any disciplinary action that may be taken against such employee, doubt any period of such absence shall be debited against the leave account of such employee and such debt shall, if there is insufficient credit in the leave, be adjusted as leave not due.

24. Any type of leave may be combined with joining time or with any other type of leave otherwise admissible to the employee.

Provide that leave preparatory to retirement shall not be combined with any other kind of leave.

25. Notwithstanding any date or dates mentioned in the orders granting any type of leave, the leave shall commence from the day following the day on which the employee hands over charge of the post held by such employee and on the day proceeding the day on which employee resumes duty.

26. Unless the employee is permitted to do so by the authority which sanctioned the leave such employee may not return on duty before the expiry of the period of leave granted to such employee.

27. (1) An employee proceeding on leave shall hand over the charge of his post, and if he is in Basic scale-16 and above, he shall, while handing over charge of the post sign the charge relinquishing report.

(2) If leave ex-Pakistan has been sanctioned on medical grounds, the employee shall take abroad with him a copy of the medical statement of his case.

28. (1) An employee, on return from leave, shall report for duty to the authority that sanctioned his leave and assume charge of the post to which he is directed by that authority unless such direction has been given to him in advance.

(2) In case an employee is directed to take charge of a post at a station other than that from where he proceeded on leave, travel expenses as on transfer shall be payable to him.

29. Leave account in respect of an employee shall be maintained in form II as part of his service book.

30. All leave at the credit of an employee shall lapse when he quits service.

31. (1) An employee employed in a non-continuous establishment may be granted only earned leave and disability leave as admissible to him, and subject to the conditions laid down for an employee employed in a continuous establishment, and no other kind of leave shall be admissible to such employee.

(2) An employee who is transferred from a non-continuous establishment to continuous establishment and vice-versa shall carry forward the balance of earned leave at credit on the date of his transfer.

Explanation: in this rule “Non-continuous establishment” means an establishment, which does not function throughout the year, and “Continuous establishment means an establishment which function throughout the years.

Leave Rules 1986

FORM – I

(See rule 8 (1))

G.P.R. 13.

APPLICATION FOR LEAVE

1. Name of applicant.

2. Post held.

3. Office.

4. (a) Nature of Leave applied for

(b) Period of leave in days

5. Particular rule or rules under which the leave is admissible.

6. (a) Date of return from last leave.

(b) Nature of the last leave.

Dated: Signature of applicant.

7. Remarks and recommendation of the immediately superior Officer. Certified that leave applied for is admissible under Rule _______ and necessary conditions are fulfilled.

Dated: Signature of the immediately

Superior officer.

Designation.

8. Orders of the sanctioning authority certifying that on the expiry of leave the applicant is likely to re

Return to the same post or another post carry the compensation allowances being drawn.

Dated: Signature

Designation.

SERVICE BYE-LAWS

OF MARKET COMMITTEES EMPLOYEES

1. (1) These Bye-Laws may be called the “Market Committee Employees Service Bye-Las, 1984”

(2 They shall come into force at once.

(3) They shall apply to all employees.

2. In these Bye-laws, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them that is to say-

DEFINITIONS

(a) “APPOINTING AUTHORITY” means the market committee;

(b) “CHAIRMAN” means the Chairman of the Market Committee

(c) “EMPLOYEE” means and employee of the Market Committee other than a member of the Sindh Market Committee unified Grade;

(d) “INITIAL APPOINTMENT” means the appointment made otherwise than by promotion;

(e) “MARKET COMMITTEE” means the _____________Market Committee;

(f) “POST” means a post in the Market Committee in Basic Scale 10 or below;

(g) “SCHEDULE” means the schedule to these bye-laws;

(h) “SELECTION COMMITTEE” means the selection committee constituted under these Bye-laws.

METHOD OF APPOINTMENT

3. Appointment to a post shall be made by promotion or by initial appointment on the recommendations of the selection committee in accordance with these bye-laws.

SELECTION COMMITTEE

4. For the purpose of selection for appointment by promotion or initial appointment the Market Committee may constitute a selection committee consisting of at least three members, one of whom shall be the Vice Chairman of the Committee.

APPOINTMENT BY PROMOTION

5. (1) For the purpose of appointment by promotion the names of the employees shall be furnished to the selection Committee in accordance with their seniority along with their service record relevant to the determination of their fitness.

(2) The Selection committee shall, after scrutinizing the record and marking such inquiries as it deems fit, make its recommendations to the market Committee.

APPOINTMENT BYT INITIAL RECRUITMENT

6. (1) All post to be filled in by initial appointment may be advertised in at leas two newspapers by Chairman and on receipt of the applications, the Selection committee shall be required to consider the suitability of the candidates by subjecting them to a written test or interview or both and to make recommendation of the names of candidates fit for appointment in the order of merit.

(2) A candidate for appointment to a post by initial recruitment shall be a citizen of

Pakistan

domiciled in the district and shall possess the minimum qualification specified in the Schedule.

(3) No person shall be appointed to a post by initial appointment who is less than eighteen years or more than twenty five years of age; provided that the upper age limit may be relaxed by the Market Committee up to two years.

CHARACTER AND MEDICAL CERTIFICATES

7. no person, not already in the service of Government or statutory body shall be appointed to post unless-

(i) He produces a certificate of character from two responsible persons (not being his relatives) who are well acquainted with such person;

(ii) After such medical examinations the Market Committee may prescribe he is found to be in good mental and bodily health and free from any physical defect likely to interfere with the discharge of his duties.

ADHOC APPOINTMENT

8. (1) when the appointing authority considers it to be in the public interest to fill in a post urgently it may, pending selection of a candidate by the Selection Committee, proceed to fill in such post on ADHOC basis for a period not exceeding six months.

(2) the posts shall be advertised and the procedure laid down for initial appointment shall be followed.

PROBATION

9. A person appointed to a post by initial appointment shall be on probation for two years and a person appointed otherwise shall be on probation for one year.

Explanation: - Service on deputation to an equivalent or higher post shall count towards the period of probation.

CURTAILMENT OR EXTENSION OF PROBATION PERIOD

10. The market committee may, for reasons to be recorded in writing.

(i) curtail the period of probation;

(ii) Extend the period of probation pending on one year at a Tim, and during or on the expiry of the extended period, pass such orders as are passed during or on the expiry of the initial probationary period, provided that if no orders are passed by the day following the completion of-

(a) the initial probationary period the Period of Probation shall be deem to have been extended by one year,

(b) the extended period of probation, the appointment shall be deemed to be continued until further orders.

PASSING OF DEPARTMENTAL EXAMINATION

11. Where in respect of any post, the satisfactory completion of probation includes

the passing of an examination test or course or successful completion of any training specified by the Market Committee,, a person appointed on probation to such post, who, before the expiry of the original or extended period of his probation, has failed to pass such examination or test or to successfully complete the course or the training shall, except as may be directed otherwise-

(a) If the was appointed to such post by initial appointment, be discharged; or

(b) If he was appointed to such post by promotion or transfer, be reverted to the post from which he was promoted or transferred and against which he holds a lien or if there be no such post, be discharged:

Explanation: - It no examination, course, or training is specified held the employee shall be deemed to have completed his probationary period successfully.

CONFIRMATION

12. Confirmation of an employee in permanent post shall follow successful completion of probationary period.

CONFIRMATION IN ORDER OF SENIORITY

13. Confirmation of an employee shall be made in the order of seniority in a permanent post on which no other employee eligible for confirmation in more than one post shall be confirmed first in the lower post and then in the higher post from the dates he is due for confirmation in such posts.

ELIGIBILITY OF CONFIRMATION

15. If an employee becomes due for confirmation his confirmation shall not be deferred unless a disciplinary action is pending against him or the Market committee for reasons to be recorded in writing defers his confirmation Provided that if during the deferment of the confirmation of an employee his junior become due for confirmation, the post in which such senior employee is due for confirmation shall be kept vacant and the junior employee shall be confirmed in the next available post.

TERMINATION OF LIEN

16. On confirmation of an employee in a post, his lien, if any on any other post shall stand terminated.

SENIOITY

17. (1) In each post/cadre there shall be a separate seniority list of a group of employee doing similar duties and performing similar functions.

(2) The seniority of an employee shall be reckoned from the date of his continuous appointment in the post/cadre.

(3) The inter-se-seniority of the employee in a post/cadre shall be determined

(a) In the case of persons, appointed by initial appointment in the order of merit assigned by the Selection Committee; provided that person selected earlier shall rank senior to that selected later,

(b) In the case of persons appointed by promotion on the basis of their inter-se-seniority in the lower grade;

(c) In the case of persons appointed by initial appointment vis-à-vis persons appointed by Promotion in a batch or on the same date, on the basis that the persons appointed by promotion shall rank senior to those appointed by initial recruitment in the case of person not covered otherwise on the basis that order in age shall rank senior to the younger in age.

(4) The Market committee shall, in the month of January every year, cause to

be prepared or, as the case may be, revised the seniority list under sub-bye-law (1),

(5) An employee who is not promoted on his turn on the ground that-

(a) his seniority is under dispute or is not determined;

(b) He is on deputation, training or leave;

(d) He is not considered fit for promotion for any reason other than his unfitness for promotion; shall, on subsequent promotion and subject to any order made by the Market Committee in this behalf for the purpose of inter-se-seniority in the higher grade, be deemed to have been promoted on the same date as his junior.

18. Gratuity (1) A member of the service who has after the constitution of the service ceased to be such member on account of superannuating. Compulsory OR voluntary retirement, termination, removal, resignation, invalidation or death, but no on account of dis-missal, and has before a ceasing completed five years service in the case of invalidation or death & ten years service in other case, shall be entitled to receive gratuity at the rate of one month’s pay last drawn for each completed year of service.

Provided that the member of the service who has been removed or retired compulsorily after completing fifteen years of services shall be entitled to two-third of the total amount of the gratuity.

(2) In the case of the death of a member of the service. The amount of the gratuity shall be paid to the nominee, if any, of the deceased for distribution amongst the heirs, and, if there be no nominee, to the heirs of the deceased.

SCJEDULE

(See bye-law 2 (g))

Serial Name of Post/Scale. Minimum qualification for

No Initial Recruitment

1. Office Assistant, BS-10 Graduate from a recognized

University.

2. Senior Fee Collector, BS-8 Intermediate from a

“A” class market Committee recognized University.

3. Inspector market Committee Intermediate from a

BS-8 “c” Class Market. recognized University.

4. Typist, BS-5 Metric with typing speed 35

W.P.M.

5. Junior Clerk BS-5 Metric with typing speed 25

W.P.M.

6. Assistant Fee collector/ Metric.

Auctioneer Bs-5

7. Dispatch Rider/Driver BS-4 Primary having driving

licenses vehicle/Motor Cycle and experience of two years.

8. Daftri/Qasid, BS-I Middle Class Preferably Ex-

Serviceman.

9. Nabi Qasid BS-I Primary

10. Chowkidar, BS-I Deleted

EFFICIENCY& DISCIPLINARY (E&D) BYELAWS OF

NON-UNIFIED EMLPOYEES MARKET COMMITTEES

1. (1) These Byelaws may be called the Market Committee, non-unfilled, Employees (Efficiency and discipline) Byelaws, 1985.

(2) They shall come into force at-once;

(3) The shall apply to all employees.

DEFINITIONS

2. In these byelaws unless the context otherwise requires, the following expressions shall have the

meanings hereby respectively assigned to them that is to say: -

(a) “Accused” means an employee against whom action is taken these byelaws;

(b) “Authority” means the market committee, or the appointing authority of the employee.

(c) “Authorized Officer” means any person authorized by the authority to perform the functions of an authorized officer under these byelaws.

(d) “Chairman” means the Chairman of the market committee.

(e) “Employee” means a servant of the market committee, other than a member of the Sind market Committees Unified Grade.

(f) “Misconduct” means conduct prejudicial to good order of service discipline or unbecoming of an officer and a gentlemen and includes any act on the part of any employee to bring or attempt top bring political or other outside influence directly or indirectly to bear on the market committee, Chairman or any other person in respect of any matter relating to the appointment promotion, transfer, punishment, retirement or other condition of his service.

(h) “Penalty” means a penalty which may be imposed under these byelaws.

3. (1) Where in the opinion of the of the authority an employee is : -

(a) In-efficient or has ceased to be efficient.

(b) Guilty of misconduct; or

(1) he is, or any of his dependents or any other person through him or on his behalf is, in possession (for which he can not reasonable account) of pecuniary resources or property disproportionate to his known sources of income; or

(ii) He has assumed a style of living beyond his ostensible means; or

(iii) Has a persistent reputation of being corrupt;

(d) Engaged, or is reasonably suspected of being engaged, in subversive activities, or is reasonably suspected of being associated with other engaged in subversive activities or is guilty of disclosure of official secrets to any unauthorized person, and his retention in the service is, therefore prejudicial to national security. The authority may impose on him one or more penalties.

(2) The following are the minor and major penalties namely: -

(a) Minor penalties: -

(i) Censure;

(ii) Withholding, for a specific period, promotion or increment, otherwise than for unfitness for promotion or financial advancement, in accordance with the rules or order pertaining to the service or post;

(iii) Stoppage, for a specific period at an efficiency bar in the time scale, otherwise than unfitness to cross such bar.

(iv) recovery from pay of the whole or any part of the pecuniary loss casued to the market committee by negligence or breach of orders.

(b) Major penalties : -

(i) Reduction for a specific period to a lower post or time scale, or to a lower stage in a time scale;

(ii) Compulsory retirement;

(iii) removal from service; and

(iv) dismissal from service;

3. Removal from service shall not, but dismissal shall disqualify the employee for future employment with the market committee.

Explanation: - In this byelaw removal or dismissal from service does not include the discharge of a person.

(a) Appointed on probation, during the period of probation or in accordance with the probation or training rules applicable to him or,

(b) Appointed, otherwise than under a contract, to hold a temporary appointment on the expiration of the period of appointment; or

4. (1) If in the opinion of the authorized Officer there are sufficient grounds for proceeding against an employee under these byelaws (rule) he shall take action in accordance with byelaws-5

(2) Notwithstanding anything contained in the byelaws the authority may, in any case exercise all powers of the authorized offices or give any direction to the authorized officer as it may deem fit.

INQUIRY PROCEEDINGS

5. The following procedure shall be observed when an employee is proceeded against these bye-laws.

(i) In case where an employee is accused of subversion corruption or misconduct, the authorized officer may require him to proceed on leave with the approval of the authority, suspend him; provided that any continuation of such leave or suspension shall require approval of the authority after every three months.

(ii)The authorized officer shall decide whether in the light of facts of the case or the interest of justice an inquiry committee, if he so decides, the procedure indicated in byelaw 6 shall apply.

(iii) If the authorized officer decided that it this not necessary to have inquiry conducted through an inquiry officer or inquiry committee, he shall.

(a) By order in writing, inform the accused of the action proposed to be taken in regard to him and the grounds of the action; and

(b) Given him a reasonable opportunity of showing cause against that action, provided that no such opportunity shall be given where the authority is satisfied that in the interest of the security of

Pakistan

or any part thereof it is not expedient to give such opportunity.

(iv) On receipt of the report of the inquiry officer or if inquiry committee is appointed and on receipt of the explanation of the accused, if any, the authorized officer shall determine.

(a) If it is proposed to impose a minor penalty. He shall pass order, accordingly;

(b) If it is proposed to impose a major penalty, he shall forward the case to the authority along with the charge and statement of allegations served on the accused, the explanation of the accused, the findings of the Inquiry Officer or Inquiry committee, if appointed and his own recommendation regarding the penalty to be imposed and the authority shall pass such orders as it may deem proper, provided that the authorized officer shall, subject to sub-clause (b) of clause (iii), before imposing a minor penalty or recommending imposition of a major penalty, as the case may be by notice accompanied by aforesaid penalty and the grounds therefore and call upon him penalty should not be imposed or, as the case may be recommended and the reply, if any, to the said notice shall be taken into consideration before imposing or recommending a penalty.

(v) the orders passed by the authority or the authorized officer shall along with a copy of the inquiry report if any be communicated to the accused with in fifteen days of such order.

(vi) If two or more employee are proceeded against jointly the authority or authorized officer in respect of the holder of the higher post amongst them shall be the authority or authorized officer, as the case may be, in respect of all employees.

6. (1) Where an inquiry officer or inquiry committee is appointed the authorized officer shall-

(a) Frame a charge sheet and communicate it to the accused together with statement of the allegations explaining the charge and or any other relevant circumstances which are proposed to be taken into consideration;

(b) Require the accused within a reasonable time, which shall not be less than seven days or more than fourteen days from the day the charge has been communicated to him to put in a written defense and to state at the same time whether he desires to be heard in person.

(2) The inquiry officer or the inquiry committee, as the case may be, shall inquiry into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as may be considered necessary, and the accused shall be entitled to Cross-examine the with nesses against him.

(3) the inquiry officer or the inquiry committee, as the case may be shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing and where any adjournment is given: -

(a) It shall not be fore more than a week; an

(b) The reasons therefore shall be reported forth with to the authorized officer.

(4) where the inquiry officer or the inquiry committee, as the case may be is satisfied that the accused is hampering or attempting to hamper the progress of the inquiry he or it shall administer a warning and if there after he or it shall record a findings to that effect and proceed to complete the inquiry in such manner as he or it thinks best suited to do substantial justice.

(5) The inquiry officer or the inquiry committee, as the case may be, shall within ten days of the conclusion of the proceeding or such longer period as may be allowed by the authorized officer, submit his or its findings and the grounds there of the authorized officer.

6. Nothing in bye-laws 5 shall apply to a case where the accused has been convicted by a court and sentenced to imprisonment or fine on charges involving moral turpitude in which case, the competent authority shall on receipt of intimation of the conviction, make on order dismissing or removing the accused from service or reducing him in rank as it deems fit; provided that in case of conviction on a charge of corruption the accused shall be dismissed from service.

APPEAL

7. (1) An employee aggrieved by an order of the authorized officer or a authority may within thirty days from the date of the order appeal to the Market committee, provided that where the penalty is imposed by the apply for review of the orders.

Explanation: - For the purposes of this sub-bye-laws the period of thirty days shall be reckoned with effect from the day following the day on which the order appealed against is communicated to.

(2) The market committee shall, on receipt of the appeal, call for the record of the case from the authorized officer or the authority as the case may be, and after perusal of such record and after affording the opportunity of being heard to the appellant and, if necessary the authorized officer or the authority, as the case may be, make such order as it may deem fit;

provided that if the Market committee propose to enhance the penalty it shall give the appellant reasonable opportunity to show cause against the penalty.

MODEL LEAVES BYE-LAWS OF

MARKET COMMITTEE

1989

In exercise of the powers conferred by section 28 of the agricultural Produce Market Act, 1939, the Market Committee to make the following bye-laws namely: -

1. (1) These Bye-laws may be called the Sind Market Committee Non-unified Grade leave Bye-laws 1989.

(2) They shall come into force at once.

(3) They shall apply to all employees.

2. Unless there is anything repugnant in the subject or context: -

(a) “Act” means the Agricultural Produce Market Act 1939.

(b) “Competent authority” means the appointing authority of the employee or the authority designated by virtue of delegation or authorization to exercise powers under these Bye-laws.

(d) “Committee” means the market committee:

(d) “Duty rendered” means the period of duty rendered by the employee in terms of calendar months:

(e) “Earned leave” means the leave earned by an employee in accordance with these bye-laws together with the balance of such leave accumulated or debited to the employee before the coming into force of these Bye-laws.

(f) “Employee” means a member of the said service;

(g) “Form” means a form appended to these bye-laws.

(h) “Leave” means the earned leave applied for or granted to an employee out of his leave account.

(i) “Leave account” means the account of the earned leave and the leave granted there from maintained in form-II by the Chairman Market Committee.

(j) “Service” means the Sind Market Committees. Non-Unified Grade Service.

3. No leave can be claimed as a matter of right and the competent authority may, where the exigency of service so requires, refuse or revoke leave of any description.

4. Leave shall be applied for expressed and sanctioned to an employee by the competent authority in terms of days.

5. the duty rendered by an employee shall qualify him to earn leave in accordance with these bye-laws.

6. (1) The earned leave shall be calculated at the rate of four days for every calendar month of the period of duty rendered and credited to the leave account as “Leave on full Pay” and duty period of fifteen days or less in a calendar month being ignored and these or more than fifteen days being treated as a full calendar month for the purpose:---

Provided that all leave earned by an employee immediately before the coming into force of these bye-laws on average pay and accumulated plus half of the leave earned on half average pay and accumulated shall be brought forward to the leave account as earned leave.

(2) If an employee proceeds on leave during a calendar month and return from it during another calendar month and the period of duty in either months is more than fifteen days, the leave to be credited for both the incomplete month shall be restricted to that admissible for one full calendar month only.

(3) The earned leave admissible to an employee shall be calculated up to the date of the grant of leave and at the end calculated up to the date of the grant of leave and at the end of every calendar year for that year and after deducting the leave availed of from leave admissible the balance shall be brought forward to the leave account for the calendar year immediately following thereafter.

(4) when an employee returns from leave not due, no leave on full pay shall become due to him until the leave not due and availed of is balanced by the earned leave.

7. The maximum period of leave on full pay that may be granted at one time shall be:

(a) One hundred and twenty days without medical certificate and.

(b) One hundred and eighty days with medical certificate.

8. (1) Except otherwise stated, an application in form-I for leave or for an extension or leave shall made to the Chairman of the Market Committee where the employee is employed.

(2) An employee may apply for the type of leave, which is due and admissible to him, and it shall not be refused on the ground that another type of leave should be taken in the particular circumstances.

9. (1) On receipt of an application for grant of leave, the admissibility there of shall, as for as possible, be assessed from the leave account of the employee before the leave is granted.

(2) Leave may be granted by the competent authority.

(3) In case where all the applications for leave cannot, in the interest of public

service, be sanctioned simultaneously, the competent authority may consider as to how many applicants can, for the time being be spared, and shall give priority to: -

(a) The applicants who were last recalled compulsorily from leave and.

(b) The applicants who were required to make adjustment in the timing of their leave on the last occasion to instant time.

10. (1) Leave on full pay may be converted into leave on half pay of the request of the employee, but the debit to the leave account shall be at the rate of one day for every two days of such leave, fraction of one-half counting as one full days leave on full pay.

(2) there shall be no limit on the grant of leave on half pay so long as it is available by conversion.

11. Leave may be granted ex-Pakistan on full pay to an employee who applied for such leave or who proceeds abroad during leave and makes a specific request for leave to be enjoyed ex-Pakistan.

12. If at any time there is no leave at the credit of an employee and the employee is likely to resume duty after availing leave such employee may be granted leave no due on full pay to be offset against leave to be earned in future, for a maximum period of 365 days in the entire period of service subject to the condition that during the first five years of service such leave, shall not exceed 90 days in all, and the aforesaid limit shall be subject to conversion in accordance with these bye-laws if the whole or nay part of such leave is granted on half pay.

13. (1) Subject to the availability, an employee may be granted leave preparatory to retirement on full pay from the leave account to a maximum of 365 days ending on the date of superannuating or on the date of voluntary retirement or completion of thirty years qualifying service and convertible partly or wholly into leave on half pay, but the duration of the total leave including the actual period of leave on half pay, if any shall not exceed 365 days.

(2) Application for leave preparatory to retirement shall be submitted at least 120 days before the date of the proposed commencement of the leave

CHAPTER-III OTHER TYPES OF LEAVE

14. A female employee shall be granted maternity leave on full pay for a maximum period of ninety days ending on the fortieth days of confinement, and leave after that days or the period exceeding ninety days up to that day shall be treated as leave admissible to and desired by the employee.

Provided that earned leave may be granted in lieu of the maternity leave after the third maternity.

15. (1) A female employee shall on the death of her husband, be granted special leave when applied for on full pay, for period not exceeding 180 days, which shall not be debited to her leave account.

(2) the special leave shall commence from the date of the death of the husband of the employee and the employee shall furnish the death certificate to the competent authority either along with the application for special leave or, if that is not possible, at any time there after.

16. Disability leave may be granted to an employee disabled by injury, ailment or disease contacted in the course or in consequence of duty outside the leave account on such occasion up to a maximum of leave hundred and twenty days of which 180 days shall be on full pay and the remaining on half pay on such medical advice as the competent authority may consider necessary.

17. (1) Extra-ordinary leave may be granted on any ground up to a maximum of five years at a time: provided the employee to whom such leave is granted has been in continuous service for a period of not completed ten years of continuous service extraordinary leave for a maximum period of two years may be granted at the discretion of the competent authority;

Provided that the maximum period of fie years shall be reduced by the period of leave on full pay or half pay, if granted in combination with the extra-ordinary leave.

(2) Extra-ordinary leave may be granted retrospectively in lieu of absence without leave.

19. In case an employee on leave preparatory to retirement dies before completing 180 days of such leave, his family shall be entitled to lump sums payment equal to the period falling short of one hundred and eighty days.

20. In Case an employee dies while in service. Lump sums payment of full pay up to 130 days out of the leave at his credit shall be made to his “Family” as defined for the purpose of family.

21. An employee granted leave on full pay or half pay shall for the period of leave draw the pay or half pay, as the case may be, and all allowances admissible to such employee immediately before proceeding on such leave.

22. If an employee is recalled to duty compulsorily, with the personal approval of competent authority from leave of any kind that he is spending away from his head-quarters, he may be granted a single return fare plus daily allowance as admissible on tour from the station, where he is spending his leave to the place where he is required to report, for duty.

Provided that if the employee is recalled to duty at the headquarters and his remaining leave is canceled, the fare then admissible shall be for one way journey only.

23. An employee who remains absent after the expiry of his leave shall not, unless the leave is extended by the competent authority, be entitled to any remuneration for the period of such absence and, besides any disciplinary action that may be taken against such employee, count the period of such absence shall be debited against the leave account of such debit shall, if there is insufficient credit in the leave, be adjusted as leave not due.

24. Any type of leave may be combined with joining time or with any other type of leave otherwise admissible to the employee.

Provided that leave preparatory to retirement shall not be combined with any other kind of leave.

25. Notwithstanding leave any date or dates mentioned in the orders granting any type of leave, the Leave shall commence from the day following the day on which the employee hands over charge of the post held by such employee and on the day preceding the days on which employee resumes duty.

26. Unless the employee is permitted to do so by the authority which sanction the leave such employee may not return to duty before the expiry of the period of leave granted to such employee.

27. (1) an employee proceeding on leave shall hand over the charge of his post, and if he is in Basic Scale 10 and below, he shall while handing over of the post sign the charge relinquishing report.

(2) If leave Ex-Pakistan has been sanctioned on medical grounds, the employee shall take abroad with him a copy of the medical statement of his case.

28. (1) An employee, or return from leave, shall report for duty to the authority that sanctioned his leave and assume charge of the post to which he is directed by the authority unless such direction has been given to him in advance.

(2) In case an employee is directed to take charge of a post at a station other than that from where he proceeded on leave; travel expenses as on transfer shall be payable to him.

29. Leave account in respect of an employee shall be maintained in from-II as part of his service book.

30. All leave at the credit of an employee shall be lapse when he quite service.

31. (1) an employee proceeding on leave shall hand over the charge of his post, and if he is in Basic Scale 10 and below, he shall while handing over of the post sign the charge relinquishing report.

(2) An employee who is transferred from a non-continuous establishment to continuous establishment an vis-a-versa shall carry forward the balance of earned leave at his credit on the date of his transfer.

Explanation: - In the bye-laws “Non-continuous establishment means and establishment which does not function throughout the year and “Continuous Establishment’ means an establishment which functions throughout the years.

MARKET COMMITTEE

BYELAWS 1982

SHORT TITLE

1. These bye-laws may be called the _________ Market Committee Bye-laws 1982.

DEFINITION

2. In bye-laws unless there is anything repugnant in the subject or context.

(a) “Act” means the Agricultural Produce Markets Act 1939.

(b) “Agenda” means the agenda of a meeting.

(d) “Chairman” means the member elected as Chairman under section 12;

(e) “Committee” means the Market Committee,_____________;

(f) “From” means a form appended to these bye-laws;

(g) “Functionary” includes the persons other than dealer licensed under the Act to carry on business in the market area;

(h) “Meeting” means a meeting of the Committee;

(i) “Member” means a member of the Committee;

(j) “Rules” means a section of the Act;

(k) “Section” means a section of the Act;

(l) “Sub-committee” means a sub-committee appointed under section 15;

(m) “Vice-Chairman” means the member elected as Vice-chairman under section 12.

3. The Headquarters of the Committee shall be at _______________.

4. (1) All decisions of the committee shall be taken in a meeting bye majority of votes of the members present and voting.

(2) A meeting shall ordinarily be held at the office of the Committee at least once in three months on the date and at the time fixed the Chairman.

(3) The Chairman may on his own and shall, on the requisition in writing of not less than half of the total number of the members, call an emergent meeting of the committee to transact any business of importance.

MANNER OF CONVENING MEETINGS AND

GIVING NOTICE THEREOF

(4) The Chairman may, for administrative convenience in matter of urgent and important business which can be delayed till an emergent meeting obtain the opinion of the members by circulation among them of placed before the Committee at the next meeting for confirmation.

(5) A meeting shall be presided over by the Chairman or in his absence by the Vice-Chairman and the Vice-Chairman when so presiding be deemed to be the Chairman.

5. (1) Notice of a meeting together with the agenda shall be issued by the Chairman at least seven days before the date of meeting and 24 hours in the case of an emergent meeting.

(2) Every such notice shall state the place, the day and the hour of the proposed meeting.

(3) Papers relating to any subject included in he agenda shall be open for inspection by any member at the office of the Committee during the usual office hours.

AGENDA

6. (1) Any member wishing to bring any matter before the committee shall give written intimation to the Chairman of his intention to do so and shall also send a draft of his proposal so as to reach the Chairman at least ten days before the date of the meeting, and such proposal shall then be included in the agenda.

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

CONDUCT OF PROCEEDING

7. (1) every item of the agenda other than that brought up officially by the Chairman and every amendment shall be proposed by one member and seconded by another and until so proposed, seconded and reduced to writing under the directions of the Chairman no proposal or amendment shall be discussed in the meeting.

(2) Every proposal or amendment so moved shall be recorded in the minutes of the meeting with name of the proposer and seconder.

(3) when a proposal or amendment has been duly proposed seconded any reduced to writing, the members present shall be entitled to DISCUSS the same but no member shall except with the special permission of the chairman, speak more than once on any proposal or amendment until all the members present and desirous of speaking have had their say;

Provided that the mover of the proposal or amendment shall be entitled to reply to the objection and to sum up the debate.

(5) Amendments, if any to the proposal shall be put to vote first in the order reverse to that in which they are proposed, and those carried shall become part of the proposal which shall then be put to vote.

(6) Only the members present at the meeting shall have a right of vote and voting shall ordinarily be done by show of hands, but the Chairman at the request of any member, direct that in any particular case vote shall be taken by ballot.

(7) When a proposal or amendment has been declared by the Chairman as duly carried, no further proposal for amendment thereof shall be entertained at that meeting.

(8) Except with the recorded consent of not less than five members no subject once finally disposed of shall be reconsidered, with in three months.

POINT OF ORDER.

9. Every member shall be at liberty to call the attention of the Chairman to a point of order relevant to the affairs of the committee even when a member is speaking, and on a point of order being raised, the member addressing the meeting shall resume his seat until the question has been decided and declared by the Chairman.

MINTUTES.

9 (1) The minutes of the meeting shall be prepared by or under the order and supervision of the Chairman in English or Urdu of Sindh signed by him and be placed before the end of meeting for confirmation.

(2) A copy of the confirmed minutes shall be kept in the office of the committee, and be open at all reasonable times and without any charge for inspection by the members.

10. (1) 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 in repeating his own argument or the arguments used by other members the Chairman may direct the member to discontinue his speech.

(2) the Chairman may direct a member whose conduct in his opinion is disorderly to with-draw immediately from the meeting, and any member so ordered to with-draw shall do so forth-with and shall unless recalled by the chairman, absent himself during that meeting.

(3) The chairman may cause any member to be summarily removed, who disobeys an order to with-draw made under this bye-law.

11. (1) The Chairman may, for sufficient reasons to be recorded in writing adjourn any meeting from time to time, but no business other than that left over at the precious meeting shall be transacted at the adjourned meeting unless a separate notice and separate agenda have been issued in respect thereof, in accordance with bye-laws.

(2) When a meeting if any shall be void, and shall not appear in the minutes.

SUB-COMMITTEE

12. (1) Subject to the provision of the Act the appointment of the member of a sub-committee shall be made by election by the members of the Committee by a resolution in a regular meeting.

(2) the Secretary of the Committee, or in his absence such other person as may be authorized by the Chairman, shall act as Secretary to all sub-Committees.

(3) The Duties and functions of a Sub-committee shall, subject to other provisions of these rules, be such as may be specified by that committee.

(4) In addition to other duties as may be assigned to it, where an Executive Sub-Committee has been appointed, it shall, subject to general instructions of the Committee, arrange to publish daily, the opening rates for the day and submit proposals to the Committee for the collection and propagation of market information in the market and outside the market in order keep all concerned informed of the market conditions.

HOLIDAYS

13. the office of the Committee shall remain closed on all public holidays and for the days on which the Deputy Commissioner’s office remains closed.

WAGES OF WEIGHMAN AND MEASURER

14. (1) Every licensed Weighman or measurer when employee on monthly wages or piece-work basis by a licensed dealer shall not demand any charges for weighment or measurement from any person other than his employer.

(2) Subject to the provisions of clause (1) no licensed weighman. Measurer or Surveyor shall demand or accept charges for his services in excess of the rates which may from time to time be fixed by the Committee and the charges claimed or accepted shall include all charges connected with the operation of weighing or measuring, as the case may be.

REMUNERATION OF VARIOUS FUNCTION ARIES

15. (1) the Committee shall, from time to time notify the rate of wages to be charged by the various functionaries posting the same in the office of the market committee and other conspicuous places in the market area.

(2) Remuneration due to Broker, weighman, measurer, Palleder or Changer or any other functionary under the Act shall ordinarily be payable by the person employing such functionary but in respect of any agricultural produce sold through broker, it shall be payable by the seller or owner of the produce and the broker will get his commission from the seller or owner.

(3) It will not be necessary for any seller of agricultural produce to engage any functionary unless he wishes to do so and no one shall pay or be required to pay for a functionary who has actually been engaged.

(4) Subject to the rules no allowance, deduction or charges of any kind not permitted by this bye-law shall be allowed in connection with any transaction of sale or purchase of agricultural produce.

INGRESS & EGRESS OF TRAFFIC

16. (1) The Committee may control and regulate traffic in the market and for this purpose fix the routes for the ingress and egress of carts, camels doing and motor or other vehicles in the market area.

(2) No person shall unload agricultural produce at the places other than the “tharas” in front of broker shop.

USE OF THARA

(3) No person shall make any encroachment on the open land of the market.

(4) No cart or vehicle will be allowed to trespass the “Tharas” or grassy plots.

(5) No person shall light fire in the premises used for residential purposes or in the canteen if provided by the Committee.

(6) No person shall cut or destroy the trees or damage building or wire fencing provided by the Committee in the market.

(7) Any loss caused by an animal shall be made good by the owner of that animal.

(8) Every person entering the market shall comply with provision of such general order as may be issued by the committee from time to time.

(9) Subject to the orders of the District Magistrate, no person shall driver any vehicle within the limits of the Market at a speed exceeding five. M. Per hour.

17. (1) No dealer or other person shall be entitled to use sub-let or share a “Tharas” Except with the permission in writing of the Chairman and subject to such other conditions as may be prescribed by the committee in this behalf.

(2) any person who has been allowed to use a “Thara” by the Committee shall be held responsible of its Cleanliness and proper maintenance.

MISCELLANEOUS

18. The Secretary of the Committee shall be the head of the establishment and shall work under the control of the Chairman and in the absence of the Chairman, the Vice-chairman.

19. (1) No person shall make or allow to be made or continue an encroachment movable or immovable on or over a road, drain “thara” or open spaces in the market except with the permission in writing of the Committee.

(2) The committee may be notice, require the person responsible for any such encroachment to remove the same with in a period of seven days from the date of service on him of the notice and if the encroachment is not removed with the said period the Committee may cause the same to be removed through its own-agency and the cost incurred there on by committee shall be recoverable from the person concerned.

(3) NO compensation shall be payable for any encroachment removed or required to be removed under this bye-law.

(4) NO person shall make any alteration in a building shall or “khokha” or erect or re-erect or start erecting such building shall or “khokha” in the market except with the previous permission in writing of the Committee.

(5) Any person who has been allowed to use a Thara khokha stall or an open space in the market shall pay the rent for the same to the committee by the tenth of every month.

(6) No person shall picket or tether animals on any part of the open space in the market except with the permission in writing of the Chairman and on such condition as may be specified by the Committee in this behalf including payment of such fee as may be fixed by the Committee.

(7) No person shall throw or deposit any filth refuse dirt and rubbish on under or over any open space road drain or “Tharas” in the market,

(8) No person shall wash cloth or utensils at any water-tap tank. Or reservoir for supplying drinking water to the inhabitants of the market area.

ISSUE OF LIBRARY BOOKS

20. (1) Th library of the Committee shall be open to:---

(a) Bonafide residents of the notified market area;

(b) Members and permanent staff of the committee.

(2) Any person who wishes to become a member of the library shall supply to the secretary of the Committee in form attached to these bye-laws after depositing Rs, 20/- as security in the funds of the Committee members and permanent employees of the committee shall however, be exempted from the payment of such security.

(3) The security deposit under clause (2) shall be refunded on termination of the membership of the library of the library on the written request of the member provided he has returned all the books of the library with him.

(4) Books issued to member shall not be retained by him for more than fifteen days, provided that the librarian may extend this period to a maximum period of one calendar month.

(5) Not more than two books shall be issued to any member at a time.

(6) A fine of ten paisa shall be charged from the member for each day the books is kept by him beyond the period allowed under clause (4) subject to the condition that the fine so imposed shall not exceed double the amount of the cost of the books.

(7) The fine shall if he fails to pay it within one week after the service on him of notice to pay the same be deducted from the security of the member concerned but non-receipt of notice by the member shall not be consider a valid reason for non-payment of the fine.

(8) If the fine imposed under clause (7) exceeds the amount of the security deposited by the member, the recovery of the excess amount along with the cost of the book lost damaged destroyed shall be effect in accordance with the rules.

(9) The books lost destroyed or damaged shall be replaced or the cost thereof paid by the member concerned within the week from the date the member informs the Librarian in writing to this effect.

(10) A books issued under this bye-laws to the member shall not be in accordance with the rules.

(11) No reference book shall be issued to the member except with the written permission of the Chairman or the Secretary.

(12) when request is made for a book which has already been issued, the name of the applicant and the date of the application shall be noted on a separate slip to be kept by the Librarian and as soon as the book requested for is received back an intimation shall be sent by the Librarian to the applicant that the book in question is available and the same shall be issued on demand accordingly.

(13) The working hours of the Library shall from time to time be fixed by the Chairman.

(14) all books issued under this bye-laws shall be returned to the Librarian by the 15^thday of June each year for these purpose of annual stock taking and may be got re-issued after the 15^thdays of July of the year.

21. Any person who contravenes any provision of these Bye-law shall on conviction before a Magistrate, be punishable with a fine which may extend to 500/- Rupees.

Pak Law

Tuesday, 4 November 2014

Agriculture Produce Markets Act, 1939

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