[1]THE PUNJAB AGRICULTURAL PRODUCE MARKETS
ORDINANCE, 1978
( XXIII of
1978)
[15th
December, 1978]
An
Ordinance
to provide for the
better regulation of purchase and sale of agricultural produce and the
establishment of markets for agricultural produce in the Province of the
Punjab.
Preamble.— WHEREAS it is expedient to provide for the better regulation of
purchase and sale of agricultural produce and for that purpose to establish
markets and make rules for their proper administration in the manner
hereinafter appearing;
NOW, THEREFORE, in pursuance of the
Proclamation of fifth day of July, 1977, read with the Laws (Continuance in
Force) Order, 1977(CMLA’s Order I of 1977), the Governor of the Punjab is
pleased to make and promulgate the following Ordinance:-
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Punjab
Agricultural Produce Markets Ordinance, 1978.
(2)
It extends to the Province of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
In this Ordinance, unless there is anything repugnant in the subject or
context:-
(a) “agricultural
produce” means:
(i)
barley and its atta, sattu, bhusa;
(ii)
bajra (grains) and its atta;
(iii)
cotton unginned (phutti), cotton ginned (lint), cotton
waste;
(iv)
chillies (green, dry and ground);
(v)
fodders viz. senji,
lucern, shaftal, berseem, shalgham, guara, chari, bajra, maize, javi, barley,
wheat, jowar (green and dry) and their seeds, methi, metha, swank, oats,
ajwain;
(vi)
fruits and vegetables (fresh and dry) and their
squashes, jams, pickles, cordials, marmalades, chutnies, sauce, jellies;
(vii)
firewood and tanning bark;
(viii)
gram (whole and split) and its chollia, atta, kera,
surri, bura, wanda;
(ix)
jute (seed and fibre);
(x)
jowar (grains) and its atta;
(xi)
[2][*
* *] poultry including turkeys (dressed or otherwise), fish and livestock
products viz. beef, mutton, hides and
skins (dry and wet), bones, bone
meals, feeds, wool, hair, eggs,
cheese, butter, desi ghee, milk and curd ( dehi);
(xii)
mehndi (leaves and powder);
(xiii)
maize (grains), maize cobs (dry and green) its atta,
starch, sugar ( glucose), gluten, meals and wastes;
(xiv)
oilseeds, viz.,
cottonseed, linseed, sarson raya, toria, taramira, soyabeen, sunflower, til,
groundnut, castor, palm and their oils, oilcakes, hulls, meals, feeds,
vegetable ghee;
(xv)
pulses (whole and split) viz. moong, mash, masoor, moth, raj mash, arhar, lobia, gram and
other beans;
(xvi)
rice (paddy), rice (cleaned), rice (broken) phak,
parali, hulls, husks (rice silver);
(xvii)
sugarcane and its products viz. gur, shakkar, sugar (desi and refined) molasses, sugarcane
juke;
(xviii)
tobacco leaves, tobacco cured and its snuff or naswar
and guraku;
(xix)
wheat and its atta, maida, suji, dalia, starch, chokar,
bran, bhusa; and any other commodity that may hereafter be declared by
notification to be agricultural produce for the purposes of this Ordinance.
[3][(xx)
‘zila council’ means a zila council as constituted under the Punjab Local
Government Ordinance, [4][2001
( XIII of 2001)]; ]
(b)
“dealer” means any person who within the notified
market area sets up, establishes, uses or allows to be used any place for the
purchase or sale of the agricultural produce;
(c)
“Director of Agriculture (Economics and Marketing)”
means the Director of Agriculture (Economics and Marketing) Punjab;
(d)
“Deputy Director of Agriculture (Economics and
Marketing)” means the Deputy Director of Agriculture (Economics and Marketing)
concerned;
(e)
“[5][District
Coordination Officer]” means the [6][District
Coordination Officer] of the district within the boundaries of which the
notified market area concerned is situated;
(f)
“Extra Assistant Director of Agriculture (Economics and
Marketing)” means the Extra Assistant Director of Agriculture (Economics and
Marketing) concerned;
[7][(g) “Grower” means a person who by
himself or through tenants or otherwise grows, rears or produces agricultural
produce but shall not include a person, who works as a dealer or broker either
individually or as a partner of a firm of dealers or brokers
or is otherwise engaged in the
business of disposal, storage or processing of agricultural produce;]
(h)
“Government” means the Government of the Punjab;
(i)
“market” means a building, block of buildings,
enclosure or other area which may be so notified in accordance with the rules
framed under this Ordinance;
(j)
“market committee” means a market committee established
under section 7 of this Ordinance;
(k)
“notified market area” means any area notified under
section 4 of this Ordinance;
(l)
“prescribed” means prescribed by rules or bye-laws made
under this Ordinance;
(m)
“Secretary market committee” means the secretary of the
market committee concerned;
(n)
“trade allowance” means such allowance as may be
prescribed under the rules or may be specified in the bye-laws of a market
committee;
(o)
“ware-houseman” includes a person who stores any
agricultural produce not belonging to himself and charges rent therefor in any
form, from the persons at whose instance the said produce is so stored [8][
; and ]
[9][(p) ‘Zila Nazim’ means Zila Nazim as
defined under section 2 (XXIV) of the Punjab Local Government Ordinance, 2001
(XIII of 2001)].
3.
Notification
of intention of exercising control over purchase and sale of agricultural
produce in specified area.— Government may, by notification, declare its
intention of 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 all objections or suggestions, which may be
received by the [10][District
Coordination Officer] through Extra Assistant Director of Agriculture
(Economics and Marketing) within a period to be specified in the notification
will be considered:
Provided that
such period shall not be less than 30 days from the date of issue of the
notification.
4.
Declaration
of notified area.— (1) After the expiry of the period specified in the
notification under section 3 and after considering such objections and
suggestions as may be received before the expiry of the specified period, the
Government may, by notification and in any other manner that may be prescribed,
declare the area notified under section 3 or any portion thereof to be a
notified market area for the purposes of this Ordinance and the agricultural
produce over which control is to be exercised in that area.
(2)
Government may at any time by notification declare its
intention to exclude any area which is already declared as a notified market
area and also to include or reinclude any area and in so doing the procedure
laid down in section 3 and sub-section (1) of this section shall be followed.
(3)
After the date of issue of such notification and on the
establishment of market committee under section 7, no local authority,
notwithstanding anything contained in any other law entitling such local
authority to establish a market, and no person for himself or on behalf of
another person unless exempted by rules framed under this Ordinance, shall,
within the notified market area, set up, establish or use any place for the
purchase or sale of the agricultural produce or purchase sell, store or process
such agricultural produce except under and in accordance with the terms and
conditions of a licence granted under the provisions of this Ordinance:
Provided that a
licence shall not be required by a grower who either himself or through a bona fide agent sells his own agricultural produce or
the produce of his tenant or by a person who purchases any agricultural produce
for his private or domestic use:
Provided
further that in the case of a market committee established for the first time under
this Ordinance no person shall be deemed to have violated this provision if he
has made an application to the market committee for grant of a licence.
(4)
No person shall within the market, store, purchase,
sell or in any other manner deal in any commodity which is not declared as
agricultural produce.
5.
Market
committee to issue and renew licences.— Subject to such rules as the
Government may make in this behalf, the market committee concerned shall be the
Authority to issue licence to a dealer under this Ordinance and to renew such a
licence.
6.
Application
for licence, fee to be paid and cancellation or suspension of licences. —
(1) Any person who wishes to work as a dealer in notified market area may apply
on the prescribed form to the market committee concerned for a licence or for
the renewal of the licence which shall be granted for such period in such form,
on such conditions and on payment of such fee not exceeding Rs. 1,000 per annum
as may be prescribed [11][
* * * ].
(2)
Licence under this Ordinance shall not be granted to a
person who:-
(a)
is a minor; or
(b)
is found to be of unsound mind by a court of competent
jurisdiction; or
(c)
is a declared insolvent; or
(d)
has been found guilty of criminal misappropriation or
criminal breach of trust or cheating or any other offence involving moral
turpitude or an abetment of or attempt to commit any such offence by a court of
competent 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 on the date of issue of notification under section 4 fails
to apply for a licence within thirty days, from the date of issue of such notification,
the market committee may refuse to grant him a licence unless he deposits late
fee as specified below in cash with the market committee:Rs.
|
(i)
Upto 3 months
|
1,000
|
|
(ii)
Upto 6 months
|
2,000
|
|
(iii) Exceeding 6 months
|
3,000
|
(4)
The market committee may, on being satisfied that there
has been a breach of any of the conditions of a licence, by an order in
writing, cancel or suspend such licence and may also direct that such licence
shall not be renewed for such period not exceeding four months for a first
breach and not exceeding nine months for a second or subsequent breach as may
be specified in that order:
Provided that
no such order shall be passed without giving the licencee an opportunity to
show cause within 15 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 Extra Assistant Director of Agriculture (Economics and Marketing)
of the district against such order. The order of the Extra Assistant Director
of Agriculture (Economics and Marketing), [12][passed
after providing an opportunity of being heard to the appellant] if confirmed by
the Deputy Director Agriculture (Economics and Marketing) shall be final.
7.
Establishment
of market committees.— (1) The Government shall, by notification, establish
a market committee for every notified market area.
(2)
The market committee constituted and established under
the Agricultural Produce Market Act, 1939 (Act No. IV of 1939) and the Punjab
Local Government Act, 1975 ( Act No. XXXIV of 1975), shall be deemed to have
been constituted under this Ordinance.
8.
Constitution
of the market committee.— (1) A market committee shall consist of ten or
seventeen members as Government may in each case determine.
(2)
Of these members one may be appointed by Government
from amongst the employees of the Agriculture Department.
[13][(3)
The remaining members shall be appointed by the Zila Council out of the panel
of names recommended by the Zila Nazim and in case there is no Zila Council the
District Coordination Officer will recommend the names to the Government, equal
to twice the number of vacancies to be filled in the manner provided hereunder
that is to say]
(a) if the committee is to consist of ten members,
there shall be appointed — (i) five
members from growers of the notified market area concerned; and
(ii)
two members from persons licenced under section 6 and
one member from persons licenced under section 9 and working as a weighman,
broker or palledar in the notified market area concerned;
(iii)
one member from amongst the consumers resident in the
notified market area concerned who is not a dealer or a grower.
(b) if the committee is to consist of seventeen members, there
shall be appointed:-
(i)
nine members from growers of the notified market area
concerned;
(ii)
five members from persons licensed under section 6 and
one member from persons licensed under section 9 and working as a weighman,
broker or palledar from the notified market area concerned; and
(iii)
one member from amongst the consumers resident in the
notified market area concerned who is not a dealer or a grower.
(4)
If any question arises as to whether any person is or
is not a grower for the purposes of this Ordinance the decision of 3[the zila council and in
case there is no zila council, that of] the 4[ District Coordination Officer] shall be final
:
1[Provided that the decision shall not be made without
providing an opportunity of being heard to the person to be affected thereby.]
(5)
Not more than one person related to each other as
father, son, brother, uncle, brotherin-law, son-in-law and their ascendants and
descendants shall be appointed as a member of the same market committee.
(6)
No person shall be appointed as a member of a market
committee for two consecutive terms.
(7)
No act done by a market committee shall be called in
question on the ground merely of the existence of any vacancy, or any defect in
the constitution of the market committee.
9.
Duties of
the market committee.— (1) The market committee shall enforce the
provisions of this Ordinance and the rules and bye-laws made thereunder in the
notified market area and when so required by the Government, shall establish a
market therein providing such facilities for persons visiting it in connection
with the purchase, sale, storage, weighment, pressing and processing of
agricultural produce as the Government may from time to time direct.
(2)
Subject to such rules as Government may make in this
behalf, the market committee shall issue licences to brokers, weighmen, measurers,
surveyors, warehousemen, changers, palledars, boriotas, tolas, tokrewalas and
rehriwalas for carrying on their occupation in the market area in respect of
agricultural produce and to renew, suspend or cancel such licences.
(3)
No broker, weighman, measurer, surveyor, warehouseman,
changer, palledar, boriota, tola, tokrewala and rehriwala shall, unless duly
authorised by licence, carry on his occupation in a notified market area in
respect of agriculture produce.
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 on the expiry of this period no person is appointed is 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 2[*****]
3[Zila Council
and in case there is no Zila Council the Government] may at any time, by
notification 4[after
providing him an opportunity of being heard], remove any member if such member
has, in their opinion, been guilty of misconduct or neglect of duty or has been
wrongly or improperly appointed or has lost the qualification on the strength
of which he was appointed or whose continuance as a member, in the opinion of 5[* * *] 6[ Zila Council and in
case there is no Zila Council the Government], is not desirable.
12.
Election of
chairman and vice-chairman.— Every market committee shall elect from
amongst its members a chairman and vice-chairman:
4 Substituted
for the words “Deputy Commissioner” by the Punjab Agricultural Produce Markets
(Amendment) Ordinance, 2001, (XXIII of 2001), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
1
Added by the Punjab Agricultural Produce Markets
(Amendment) Ordinance, 1984 (XXXIII of 1984).
2
The word “Government” deleted by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001),
which will remain in force under the Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
3
Inserted ibid.
4
Inserted by the Punjab Agricultural Produce Markets
(Amendment) Ordinance, 1984 (XXXIII of 1984).
5
The word “Government” deleted by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001),
which will remain in force under the Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan. 6 Inserted ibid.
Provided that a
member who is not a grower shall not be eligible for election as chairman.
13.
Filling of
vacancies.— If any vacancy of a member of a market committee occurs due to
his death, resignation, transfer or retirement or is caused by the removal of
any member in accordance with the provisions of section 11, [14][*
* *] [15][Zila
Council and in case there is no Zila Council the Government] may appoint any
person as a member to fill such vacancy in accordance with the provisions of
Section 8:
Provided that
the term of office of the member so appointed shall expire on the same date as
the term of office of the vacating member would have expired had the latter
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 case it shall expire on the date on which his successor is appointed by
the [16][Zila
Council and in case there is no Zila Council 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 26, be competent to
acquire and hold property, both movable and immovable, to lease, sell or
otherwise transfer any movable or immovable property which may have become
vested in or been acquired by it, and to contract and to do all other things
necessary for the purpose for which it is established:
Provided that
no market committee shall permanently transfer any immovable property except in
pursuance of a resolution passed at a meeting specially convened for the
purpose by a majority of not less than three fourth of the members of the
market committee.
15.
Sub-committee
and delegation of powers.— (1) The market committee may appoint two or more
of its members to be a sub-committee for the conduct of any work or to report
on any matter.
(2)
The market committee may delegate to or withdraw from
any one or more of its members or sub-committee such of its powers or duties
and in such manner as may be prescribed.
16.
Appointment
and salaries of officers and servants of market committees.— 4[(1)
Subject to such rules as may be made by the Government in
this behalf, the Market Committee, Director of Agriculture (Economics and
Marketing) and Government may employ such persons as may be necessary for the
management of the Market including seasonal and part-time staff. The
appointments, salaries and other service conditions of the employees of Market
Committee, including leave, allowances, pension, gratuity, compassionate
allowances, contribution to any provident fund created in this respect shall be
governed by the rules framed by the Government. The appointment of seasonal and
part-time staff shall be made in accordance with budgetary provision.]
(2)
The Government may constitute a market committee
employees cadre for such employees and on such terms and conditions of service
as may be prescribed.
(3)
Subject to such rules as may be made by the Government,
every employee of a market committee shall be liable to be transferred for
service in any market committee of the Province.
(4)
The committee shall, in the case of any Government
servant whom it employs, pay to Government such contribution towards pension
and leave allowances of such servant as may be payable under the regulations
applicable to that Government servant.
17.
Employees
and members to be public servants within the meaning of the Pakistan Penal
Code.— Every person employed by a market committee and every member thereof
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 by a market committee shall be
in writing and shall be signed on behalf of the market committee by the
chairman and two members or, if, for any reason the chairman is unable to act,
by the vice-chairman and two members of the market committee and shall be
sealed with the common seal of the market committee.
(2)
No contract other than a contract executed in the
manner provided in sub-section
(1) shall be binding
on a market committee.
19.
Levy of
fees.— A market committee may, subject to such rules as may be made by
Government in this behalf, levy fees, not exceeding the maximum rates
prescribed, on the agricultural produce bought or sold by or through a dealer
in the notified market area:
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;
(b)
no fee shall be leviable on a person who is not a party
to a transaction;
(c)
no fee shall be leviable in respect of any subsequent
transaction of sale or purchase within the same notified area of an
agricultural produce extracted after being subjected to manufacturing or
processing.
20.
Market
committee funds.— (1) All moneys received by a market committee shall be
deposited into a fund to be called the market committee fund. All expenditure
incurred by a market committee under or for the purposes of this Ordinance
shall be defrayed out of the said fund and any surplus remaining after meeting
such expenditure shall be invested in such manner as may be prescribed.
(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 in consultation with the market committee for giving
effect to provisions of this Ordinance 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 purposes 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.
(3) Every
market committee shall, out of its fund, pay to the Government such percentage
of its income as may be prescribed, to be credited to a fund maintained and
operated upon by the Government for purposes common to or in the overall
interests of the market committees.
21.
Purposes for
which the fund may be expended.— Subject to the provisions of
section 20, the market committees fund shall be expended for
the following purposes only:-
(i)
acquisition of land for the establishment of market or
markets;
(ii)
maintenance and improvement of the markets including
construction of storages, platforms small pullies, culverts and roads;
(iii)
construction and repair of buildings which are
necessary for the purposes of establishing such markets and for the health,
convenience and safety of the persons using them;
(iv)
collection and dissemination of information regarding
all matters relating to marketing in respect of the agricultural produce and
propaganda in favour of agricultural improvement and thrift;
(v)
providing comforts and facilities, such as light,
sanitation, shelter, shade, parking, accommodation and water for the persons,
draught cattle, vehicles and pack animals coming to the market and similar
other purposes;
(vi)
provision of facilities such as cleaning sets, plants
for grading, standardization, packing and processing of agricultural produce;
(vii)
construction of cold storages, warehouses and godowns for
the benefit of growers;
(viii)
establishment of feeder markets;
(ix)
provision and maintenance of standard weights and
measures;
(x)
pay, leave, compassionate and medical allowances,
gratuities, pensions, honoraria and contributions towards leave allowance or
provident fund of the persons employed by market committee;
(xi)
payment of interest on loans that may be raised for
purposes of the market and the provision of sinking fund in respect of such
loans;
(xii)
expenses incurred in auditing the accounts of market
committees;
(xiii)
payment of travelling allowances to the members and
employees of market committees and members of the Board of Arbitrators as
prescribed;
(xiv)
payment of allowances and honoraria to the
Administrator of the superseded market committee;
(xv)
contribution towards the market committees fund subject
to rules framed thereunder;
(xvi)
payment of property tax and house-tax;
(xvii)
payment of other taxes as covered by appropriate Acts/
Ordinances;
(xviii)
engagement of a lawyer;
(xix)
subject to previous sanction of the Government,—
(a)
purchase of load carrying vehicles for bringing
agricultural produce of farmers to the market;
(b)
agriculture implements and machinery to be distributed
amongst growers of the market area;
(xx)
holding of agriculture melas, fairs, exhibitions and
shows for agriculture publicity and propaganda amongst farmers for improved
production;
(xxi)
advance of loans on interest to other market committees
in the district for carrying out development projects, with the previous
sanction of the Government;
(xxii)
training of members and staff of market committees and
members of the Board of Arbitrators;
(xxiii)
purchase/sale of essential agriculture commodities;
(xxiv)
any other purpose that may be declared by notification
by the Government for improvement of agriculture and agriculture marketing,
which is calculated to promote the general interest of the farmer.
22.
Levy of
surcharge on loss.— (1) Every person shall be liable for the loss, waste or
misapplication of any money or property belonging to a market committee, if
such loss, waste or misapplication is proved to the satisfaction of the [17][District
Coordination Officer] or any other officer specially empowered in this behalf
by the Government to be the direct consequence of such person’s neglect or
misconduct in the performance of his duties while being a member of the market
committee.
(2) The person
against whom an order under sub-section (1) is made may within one month of the
issue of such order, appeal to the Government which shall have the power of
confirming, modifying or setting aside the order.
23.
Trade
allowance.— No trade allowance, other than an allowance prescribed by rules
or bye-laws made under this Ordinance shall be made or received in a notified
market area by any person in any transaction in respect of agricultural produce
and no civil court shall, in any suit or proceeding arising out of any such
transaction, recognize any trade allowance not so prescribed.
24.
Arbitration
Board.— (1) The Government may, by notification, direct that all or any of
the disputes, other than a dispute to which all the parties are dealers, arising
in a notified market area, and relating to such matters connected with
agricultural produce as may be prescribed, shall be referred to a Board of
Arbitrators constituted under this Ordinance in such manner, for such period
and subject to such provisions as may be prescribed.
(2)
The Board shall receive and record evidence, and shall
have power to administer oaths to parties and witnesses, and, on requisition in
writing signed by the Chairman of the Board, the Magistrate authorised by the [18][Sessions
Judge] in this behalf shall issue necessary processes for the attendance of
witnesses and the production of documents and material objects required by the
Board, and may enforce the said processes as if they were processes for
attendance and for 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.
(4)
The decision of the Board of Arbitrators shall be in
accordance with majority of votes.
(5)
If a majority of votes is not in favour of any proposed
decision, the opinion of the Chairman of the Board shall prevail.
(6)
The decision of a Board of Arbitrators shall—
(a)
be enforced by a civil court having jurisdiction as if
it were a decree of that court;
and
(b)
be final and shall not be questioned in any court.
25.
Bar of suit
in absence of notice.— (1) No suit shall be instituted against any market
committee or any member or employee thereof or any person acting under the direction
of any such market committee, member, or employee for anything done or
purporting to be done under this Ordinance, until the expiration of two months
next after a notice in writing, stating the cause of action, the name and place
of abode of the intending plaintiff and the relief which he claims, has been,
in the case of a market committee, delivered or left at its office, and in the
case of any such member, employee or person as aforesaid, delivered to him or
left at his office or usual place of abode, and the plaint shall contain a
statement that such notice has been so delivered, or left:
[19][Provided
that if any such suit is filed without delivering or leaving such notice as
aforesaid or before the expiration of the said period of two months or where
the plaint does not contain a statement that such notice has been so delivered
or left, the plaintiff shall not be entitled to any costs.]
(2) Every such
suit shall be dismissed unless it is instituted within six months from the date
of the accrual of the cause of action.
26.
Power to
borrow.— (1) A market committee may, with the sanction of the Government,
raise money required for carrying out 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 Ordinance.
(2) A market
committee may, for the purpose of meeting the initial expenditure on lands,
buildings and equipment required for establishing a market, and for the proper
discharge of the duties and functions imposed on it by or under this Ordinance,
obtain a loan from the Government or from any other market committee on such
conditions, and subject to such rules as may be prescribed.
27.
Power to
annul proceedings.— (1) Government may by order in writing call for the
record and annul any proceeding of a market committee or its sub-committees
which it considers not to be in conformity with law or rules or bye-laws and
may do all things necessary to secure such conformity, or may suspend any
resolution which it considers likely to lead to breach of 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:
[20][Provided
that no action under subsection (1) shall be taken by the Government without
providing an opportunity of being heard to the market committee or its
sub-committee].
(2)
An officer authorised by Government may, by order in
writing, suspend within the limits of the notified market area, the execution
of any resolution or order of a market committee or its sub-committees or
prohibit the doing within those limits, or any act which is being done or is
about to be done in pursuance of or under cover of this Ordinance or any rule
or bye-law made thereunder, if in his opinion the resolution, order or act is
in excess of the powers conferred by law or is likely to lead to breach of
peace or to cause injury or annoyance to public or to any class or body of
persons, or is likely to affect adversely the interests 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.
(3)
The officer making an order under this section, 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
Government who may thereupon rescind the order or direct that it shall continue
in force with or without modification, permanently, or for such period as it
thinks fit.
28.
Supersession
of market committee.— (1) If, in the opinion of the Government, a market
committee is incompetent to perform or persistently makes default in performing
the duties imposed on it by or under this Ordinance or abuses its powers, the
Government may, by notification, supersede such committee:
Provided that,
before issuing a notification under this sub-section, the Government shall give
a reasonable opportunity to the market committee for showing cause against the
proposed supersession and shall consider the explanations and objections, if
any, of the market committee.
(2) Upon the
publication of a notification under sub-section (1) the following consequences
shall ensue:-
(a)
all the members including the chairman and
vice-chairman of the market committee shall, as from the date of such
publication, be deemed to have ceased to be members of the market committee;
(b)
all assets of the market committee shall vest in
Government and the Government shall be liable for all the legal liabilities of
the market committee subsisting at the date of its supersession upto the limit
of the said assets.
(3) The
Government may at its discretion, by order, constitute either a new market
committee as provided under section 7 or such other authority for the carrying
out of the functions of the market 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 market committee or authority constituted as aforesaid.
(b)(i)
Where the Government by order under sub-section (3) have appointed an authority
other than a new market committee for the carrying out of the functions of the
superseded market committee, the Government may by notification determine the
period not exceeding 90 days for which such authority shall act:
Provided that
the term of office of such authority may be terminated earlier if the
Government for any reason considers it necessary.
(ii)
At the expiry of the term of office of such authority,
a new market committee shall be constituted.
(iii)
Upon such an order being made the assets and
liabilities vesting in the authority thereby superseded, shall be deemed to
have been transferred by such order to the new market committee.
(5) Whenever
the assets of a market committee vest in the Government and no new market
committee or authority is appointed in its place, the Government shall employ
the balance of the assets remaining after the discharge of the subsisting legal
liabilities of the said market committee for any object of public utility in
the area specified in the notification issued under sub-section (1) of section
4.
[21][28-A. Dissolution of the market
committees.— (1) Notwithstanding anything contained in the Ordinance where
a general election to the National or Provincial Assembly or both is announced,
and the Government is satisfied that it is in the public interest to prevent
the Market Committees from using their funds or influence for political
purposes, the Government may by notification dissolve the Market Committees.
(2) On the publication of the notification under subsection
(1)—
(a)
all the members including the Chairmen and
Vice-Chairmen of the Market Committees shall, as from the date of such
publication, cease to be members of the Market Committees;
(b)
all powers and functions of the Market Committees shall
be exercised and performed by such persons or authorities as the Government may
appoint in this behalf, as Administrators; and
(c)
all assets of the Market Committees shall vest in the
Government and the Government shall be liable for all the legal liabilities of
the Market Committees subsisting on the date of their dissolution up to the
limit of the said assets, till such time new Market Committees are constituted
under section 8.
(3) The Market
Committees dissolved under subsection (1) shall be reconstituted as soon as
possible after the constitution of the Federal and the Provincial Cabinets as a
result of the said general elections.]
29.
Acquisition
of land.— Where any land is required by a market committee for carrying out
any of its functions under this Ordinance, it shall obtain the prior approval
of the Government before approaching the Collector of the district concerned
for acquisition of land under the Land Acquisition Act, 1894.
30.
Encroachments.—
(1) If any person makes an encroachment, movable or immovable on, over or under
a road, drain, thara or open space belonging to a market committee without its
written permission, the market committee, in addition to instituting criminal
proceedings against him, may, by notice, require the person responsible for any
such encroachment to remove the same in a period of seven days, and if the
encroachment is not removed within such period, the market committee may cause the
encroachment to be removed through its own agency and the cost incurred thereon
by the market committee shall be recoverable as arrears of land revenue:
[22][Provided
that no action under subsection (1) shall be taken without providing an
opportunity of being heard to the person to be affected thereby.]
(2)
Notwithstanding anything contained in any other law, no compensation shall be
payable for any encroachment removed or caused to be removed under this
section.
31.
Training
institution.— (1) The Government may set up a training institute for the
training of members and the staff of market committees, dealers, processors and
other market functionaries and for the promotion of research in agricultural
marketing and allied subjects and may by rules provide—
(a)
for the administration of training institute;
(b)
for the compulsory training of members and staff;
(c)
for the courses to be studied; and
(d)
for the holding of examinations and the award of
diplomas and certificates to successful trainees.
(2) Every
market committee shall pay towards the cost and maintenance of the institution
set up under sub-section (1) such amount as the Government may, from time to
time, determine.
32.
Recovery of
dues.— (1) All sums due from a market committee to the Government may be
recovered in the same manner as arrears of land revenue.
(2) Any amount due to a market committee
shall be recoverable as arrears of land revenue.
33.
Emergency
powers.— If, at any time, Government is satisfied that a situation has
arisen in which the purposes of this Ordinance cannot be carried out 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 in the notification, be exercised by
Government or such person or persons as it may direct;
(b)
assume to itself all or any of the powers vested in or
exercisable by any market committee;
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.
34.
Penalties.—
(1) Whoever contravenes the provisions of section 4 shall, on conviction, be
punishable with fine which may extend to one thousand rupees and, in case of a
continuing contravention, with a fine which, in addition to such fine as
aforesaid, may extend to one hundred rupees for every day, after the date of
first conviction, during which the contravention is continued.
(2)
Whoever contravenes the provisions of sub-section (3)
of section 9, shall, on conviction, be punishable with fine which may extend to
one hundred rupees and in the case of continuing contravention with fine which,
in addition to such fine as aforesaid, may extend to ten rupees for every day,
after the date of first conviction, during which the contravention is
continued.
(3)
Whoever contravenes the provisions of sections 19 and
23 shall, on conviction, be punishable with fine which may extend to one
thousand rupees.
35.
Powers to
make rules.— (1) The Government may, either generally or specially for any
notified market area or areas, make rules consistent with the Ordinance 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)
appointment and removal of members of market
committees;
(ii)
power to be exercised and the duties to be performed by
the market committees;
(iii)
election of the chairman and vice-chairman of market
committees and their powers and term of office;
(iv)
filling of casual vacancies in the office of members or
in the office of chairman or vice-chairman of market committees;
(v)
time, place and manner in which a contract between
buyer and seller is to be entered into and money is to be paid to the seller;
(vi)
management of the market, maximum fee which may be
levied by market committees in respect of agricultural produce bought or sold
by licensees in the notified market area, and the recovery and disposal of such
fee;
(vii)
issuance, by market committees, of licences to brokers,
weighmen, measurers, surveyors, warehouseman, changers, palledars, boriotas,
tolas, tokrawalas, and rehriwalas, the form in which and the conditions under
which, such licences shall be issued or renewed and the fee, if any, to be
charged thereof;
(viii)
the place or places at which agricultural produce shall
be weighed, the kind and description of the scales, weights and measures which
alone may be used in transaction in agricultural produce in notified market
area;
(ix)
inspection, verification, regulation, correction and
confiscation of scales, weights and measures in use in a notified market area;
(x)
trade allowances which may be made or received by any
person in any
transaction in agricultural
produce in a notified market area;
(xi)
(a)
constitution, powers and functions of Board of Arbitrators;
(b)
procedure to be followed by Board of Arbitrators in the
disposal of references under this Ordinance;
(c)
transfer of matters and cases from one Board of
Arbitrators to another and the transfer of money in such cases;
(d)
representation in proceedings before Board of
Arbitrators of parties who are minors or of unsound mind or are unable to make
an appearance;
(e)
regulation of the scale of costs which may be allowed
in proceedings before a Board of Arbitrators;
(f)
prescribing and determining the amount of the fee payable
in respect of any proceedings before a Board of Arbitrators;
(g)
maintenance, by Board of Arbitrators of registers and
records of proceedings before such Board and for the inspection of such
registers and records.
(xii)
prohibition of brokers from acting in the same
transaction on behalf of both the buyer and the seller of agricultural produce;
(xiii)
provision of accommodation for storing any agricultural
produce brought into the market;
(xiv)
preparation of plans and estimates for works proposed
to be constructed partly or wholly at the expense of market committees, and the
grant of sanction to such plans and estimates;
(xv)
form in which the accounts of a market committee shall
be kept, audit and publication of such accounts, and the charge, if any, to be
made for such audit;
(xvi)
management and regulation of provident fund which may
be established by a market committee for the benefit of its employees;
(xvii)
preparation and submission for sanction of annual
budget and reports and returns to be furnished by a market committee;
(xviii) investment
and disposal of surplus funds of a market committee;
(xix)
prescribing any matters in respect of which fee shall
be payable under this Ordinance, and fixing the amount of such fee and the mode
of payment and recovery thereof;
(xx)
exemption of persons or classes of persons from the
obligation of obtaining licences under section 6;
(xxi)
travelling expenses that may be paid to the members and
employees of market committees;
(xxii)
settlement of any question as to whether any person is
or is not a grower;
(xxiii) appointment
of members of market committees;
(xxiv) submission
of a panel of growers, non-official members and persons licensed under sections
6 and 9;
(xxv)
imposing on persons licensed under section 6, the duty
of making return to market committee at regular intervals of transactions of
sale and purchase affected 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; and
(xxvi) (a) conditions of service of the
employees of market committees and their grades of pay;
(b)
schedule of the staff that may be employed by market
committee;
(c)
principles to be followed in making appointments to
various posts under market committees and their appointing authorities;
(d)
method for the holding of enquiries in disciplinary
cases against servants of market committees, penalties to be imposed and
appeals against orders imposing penalties;
(e)
matters relating to transfer, retirement, training,
pension, gratuities, medical aid, travelling and other allowances, leave,
conduct of servants, terms and conditions.
(3) The Punjab
Agricultural Produce Markets Rules, 1940, as amended, shall remain operative to
the extent they are consistent with this Ordinance till such time new rules are
framed under this Ordinance.
36.
Bye-laws.—
(1) Subject to any rules made by the Government under section 35, a market
committee may, in respect of the notified market area under its management,
make bye-laws for—
(i)
regulation of business;
(ii)
conditions of trading;
(iii)
delegation of powers, duties and functions of
sub-committees, if any, provided by section 15;
(iv)
remunerations of different functionaries not
specifically mentioned in this Ordinance working in the notified market area
and rendering any service in connection with the sale or purchase of
agricultural produce;
(v)
appointment and punishment of its employees; and
(vi)
such other matters as are in the opinion of the
Government necessary or expedient to be provided for; and
may provide that contravention thereof shall be punishable
on conviction with a fine which may extend to rupees five hundred.
(2)
The power to make bye-laws under this Ordinance is
subject to the condition of the bye-laws being made after previous publication,
in such manner as may be prescribed.
(3)
The bye-laws shall be submitted to the Government for
confirmation and shall not be valid unless and until approved by the
Government.
(4)
The Government may modify the bye-laws or return the
same to the market committee for being reframed.
(5)
The bye-laws as approved by the Government shall be
published in the Official Gazette and shall take effect from the date of such
publication.
(6)
The Government may cancel the bye-laws of a market
committee and thereupon the bye-laws shall cease to have effect.
37.
Trial of
offences.— (1) No offence made punishable by this Ordinance or any rule or
bye-laws made thereunder shall be tried by a court inferior to that of
magistrate of the first class.
(2)
Prosecutions under this Ordinance may be instituted by
a person duly authorised by a resolution of the market committee in this
behalf.
(3)
All fines recovered from an offender shall be credited
to the market committee fund.
(4)
A market committee may, by a resolution, compound any
offence 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 the trying magistrates.
38.
Validation
of continuance of functions of certain authorities and officers.— Notwithstanding
anything contained in this Ordinance, all authorities and all officers who
immediately before the enforcement of this Ordinance were exercising functions
of market committees under the repealed enactments or any other law shall
continue to exercise their respective functions under this Ordinance till the
market committees are re-constituted:
Provided that
the Government may withdraw all or any of the functions from such authorities
or officers as it may deem necessary.
39.
Repeal.—
(1) Sections 156 to 163 (Chap. XVIII) of the Punjab Local Government Act, 1975 [23](
XXXIV of 1975) are hereby repealed.
(2)
Notwithstanding the partial repeal of the enactment
specified in sub-section (1), everything done, action taken, obligation, liability,
penalty or punishment incurred, licence granted, inquiry or proceeding
commenced, committee appointed or person appointed or authorised, jurisdiction
or power conferred, rule or bye-law made and order or notification issued under
any of the provisions of the said enactment, shall if not inconsistent with the
provisions of this Ordinance, be continued and so far as may be, deemed to have
been respectively done, taken, incurred, commenced, appointed, authorised,
conferred, made or issued under this Ordinance.
[1] This Ordinance was
promulgated by the Governor of the Punjab on 13th December, 1978; and, was
published in the Punjab Gazette (Extraordinary), dated 15th December, 1978,
pages 1799-A to 1799-T.
[2] The words “livestock viz. (male or female, milch or draft)
goats, sheep, buffalo, cow, camel, horse, and” deleted, by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 1980 (IV of 1980).
[3] Inserted ibid.
[4] Substituted for the
figures “1979 (VI of 1979)” by the Punjab Agricultural Produce Markets
(Amendment) Ordinance, 2001 (XXIII of 2001), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[5] Substituted for the words
“Deputy Commissioner” by the Punjab Agricultural Produce Markets (Amendment)
Ordinance, 2001 (XXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[7] Substituted by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 2002 (X of 2002), which
will remain in force under the Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[8] The full-stop substituted
by a semi-colon and the word “and” added thereafter, by the Punjab Agricultural
Produce Markets
(Amendment) Ordinance,
2001, (XXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[9] Added ibid.
[10]
The words “Deputy Commissioner” substituted ibid.
[11] The comma and the words
“, provided that no fee shall be charged from a dealer who is a Co-operative
Society registered under the Co-operative Societies Act, 1912”, omitted by the
Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of
2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[12] Inserted by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984).
[13] Substituted by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001),
which will remain in force under the Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan. 3 Inserted by the Punjab Agricultural Produce Markets
(Amendment) Ordinance, 1980 (IV of 1980).
[14] The word “Government”
deleted ibid.
[15] Inserted ibid.
[16] Inserted by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001),
which will remain in force under the Provisional Constitution (Amendment) Order
1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan. 4 Substituted ibid.
[17] Substituted for the words
“Deputy Commissioner” by the Punjab Agricultural Produce Markets (Amendment)
Ordinance, 2001, (XXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128 of
the Constitution of the Islamic Republic of Pakistan.
[18] Substituted for the words
“District Magistrate” by the Punjab Agricultural Produce Markets (Amendment)
Ordinance, 2001, (XXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[19] Added by the Punjab
Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984).
[20]
Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984
(XXXIII of 1984).
[21]
Added by the Punjab Agricultural Produce Markets (Amendment) Act, 1994 (IV of
1994).
[22]
Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984
(XXXIII of 1984).
[23] The Punjab Local
Government Act, 1975 (XXIV of 1975) was repealed by the Punjab Local Government
Ordinance, 1979 (VI of 1979) and the Punjab Local Government Ordinance, 1979 VI
of 1979) was repealed by the Punjab Local Government Ordinance, 2001 ( XIII
of 2001).
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