THE PUNJAB AGRICULTURAL PRODUCE MARKETS ORDINANCE, 1978

THE PUNJAB AGRICULTURAL PRODUCE MARKETS ORDINANCE, 1978 And RULE, 1979
ORDINANCE, 1978	PB ORD. XXIII OF 1978

SectioNS

1. Short title, extent and commencement.

2. Definitions.

3. Notification of intention of exercising control over purchase and sale of agricultural produce in specified area.

4. Declaration of notified area.

5. Market committee to issue and renew licences.

6. Application for licence, fee to be paid and cancellation or suspension of licences.

7. Establishment of market committees.

8. Constitution of the market committee.

9. Duties of the market committee.

10. Period of office of members.

11. Removal of members.

12. Election of chairman and vice-chairman.

13. Filling of vacancies.

14. Incorporation of committee.

15. Sub-committee and delegation of powers.

16. Appointment and salaries of officers and servants of market committees.

17. Employees and members to be public servants within the meaning of the Pakistan Penal Code.

18. Execution of contracts.

19. Levy of fees.

20. Market committee funds.

21. Purposes for which the fund may be expended.

22. Levy of surcharge on loss.

23. Trade allowance.

24. Arbitration Board.

25. Bar of suit in absence of notice.

26. Power to borrow.

27. Power to annul proceedings.

28. Supersession of market committee.

28-A. Dissolution of the market committees.

29. Acquisition of land.

30. Encroachments.

31. Training institution.

32. Recovery of dues.

33. Emergency powers.

34. Penalties.

35. Powers to make rules.

36. Bye-laws.

37. Trial of offences.

38. Validation of continuance of functions of certain authorities and officers.

39. Repeal.

[1]THE PUNJAB AGRICULTURAL PRODUCE MARKETS ORDINANCE, 1978

(Pb Ord. XXIII of 1978)

[15 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;

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

(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]¾

(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 [14][the zila council and in case there is no zila council, that of] the [15][District Coordination Officer] shall be final:

[16][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, brother-in-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 [17][* * *] [18][Zila Council and in case there is no Zila Council the Government] may at any time, by notification [19][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 [20][* * *] [21][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:

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, [22][* * *] [23][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 [24][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.— [25][(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 [26][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 [27][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:

[28][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:

[29][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.

[30][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:

[31][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;

(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;

(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[32] (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).

^{^[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.

^{^[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.

^{^[14]}Inserted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1980 (IV of 1980).

^{^[15]}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.

^{^[16]}Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984).

^{^[17]}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.

^{^[19]}Inserted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984).

^{^[20]}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.

^{^[24]}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.

^{^[26]}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.

^{^[27]}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.

^{^[28]}Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984).

^{^[29]}Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984).

^{^[30]}Added by the Punjab Agricultural Produce Markets (Amendment) Act, 1994 (IV of 1994).

^{^[31]}Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984).

^{^[32]}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).

PUNJAB AGRICULTURAL PRODUCE MARKETS

In exercise of powers conferred on him by Section 35 of the Punjab Agricultural Produce Markets Ordinance, 1978 (Punjab Ordinance No. XXIII of 1978) the Governor of the Punjab is pleased to make the following rules: -

(1) These rules may be called "The Punjab Agricultural Produce Markets (General) Rules, 1979".

2. DEFINITIONS: In these rules, unless there is anything repugnant in the subject or context: -

(a) "Board of Arbitrators" means the Board constituted under Section 24 of the Ordinance.

(b) "Broker" means a person (not being a private servant) usually employed on commission to arrange for or enter into contracts on behalf of other for purchase or sale of agricultural produce and to whom a licence under Section 9 of the Ordinance has been issued.

(c) "Buyer" includes a person buying any agricultural produce on behalf of another as his agent or servant or as a commission agent.

(d) "Bye-law" means a bye-law made by a market committee under Section 36 of the Ordinance.

(e) "Chairman" means the chairman of market committee duly elected under Section 12 of the Ordinance.

(f) "Commission agent" means a person, who on behalf of another and in consideration of commission, makes or offers to make a purchase or sale of any agricultural produce, or does or offers to do anything for carrying out such purchase or sale, and for that purpose maintains a business office.

(g) "Employee" means a person appointed by a market committee under Section 16 of the Ordinance.

(i) "Functionary" means any person working as broker, weighman, measurer, surveyor, warehouseman, changer, palledar, boriotta, tolla, tokriwala and rehriwala in the notified market area, licenced under Section 9 of the Ordinance, whether working on daily wages or at fixed charges.

(j) "Malpractice" means any act or practice, performed in a clandestine manner with an object to defraud or fleece parties to a transaction in contravention of the provisions of the Ordinance, or Rules or bye-laws framed thereunder.

(k) "Market Fee" means fee levied under Section 19 of the Ordinance on sale or purchase of agricultural produce within the limits of the notified market area.

(m) "Ordinance" means the Punjab, Agricultural Produce Markets Ordinance, 1978 (No.XXIII of 1978).

(n) "Seller" means a person who sells agricultural produce either himself or on behalf another as his agent or servant or as a Commission Agent.

(o) "Unauthorized trade allowance" means any trade allowance not allowed by the Ordinance, rules or bye-laws of a market committee such as 'Karta', 'batta', 'chung', 'dharat', 'chungi', 'masjidana', 'munshiana', 'soak', 'buk', etc.

(p) "Zila Council" means Zila council as constituted under the Punjab Local Government Ordinance 2001 (XIII of 2001).

3. PUBLICATION OF NOTIFICATION UNDER SECTION 3 OF THE ORDINANCE AND INVITING OBJECTION/SUGGESTIONS IN THAT BEHALF

(1) Copies of a notification issued under Section 3 of the Ordinance shall be published in one or more of the under mentioned modes, under the orders and at the discretion of the Director of Agriculture (Economics & Marketing): -

(a) in Urdu, and, if necessary in such other language and in such newspaper as in the opinion of the Director of Agriculture (Economics & Marketing) will give it publicity among persons likely to be affected or interested in the sale and purchase of agricultural produce in the notified market area;

(b) by affixing a copy of the notification in Urdu, and, if necessary, in such other language as may be considered necessary by the Director of Agriculture (Economics & Marketing) in the office of Zila Council, Tehsil/Town Council and Union Council, Notified Area Committee within whose jurisdiction the notified market area or any part thereof is situated and at some conspicuous place in the existing mandi, if any; or

(c) By affixing a copy of the notification in Urdu, at the principal common meeting place, if any, of every village, within the notified market area.

(2) The expenses of the publication of the notification issued under Section 3 of the ordinance shall be met out of the funds of the market committee at the district headquarters, in case market committee does not exist already.

(3) The Extra Assistant Director of Agriculture (Economics & Marketing) shall forward the objections/suggestions received by him within the period specified in the notification to the District Coordination Officer within ten days after the expiry of the period specified in the notification.

(4) The District Coordination Officer shall, within ten days from the receipt of suggestions/objections from the Extra Assistant Director of Agriculture (Economics & Marketing) forward the same to the Government under intimation to the Director of Agriculture (Economics & Marketing) for issuing a notification under Section 4 of the Ordinance.

4. DECLARATION OF NOTIFIED AREA, HOW TO BE MADE UNDER SECTION 4 OF THE ORDINANCE:

(1) Besides, as provided in Section 4 of the Ordinance, the market area shall be notified as under: -

(a) By putting up a notice, giving the boundaries of the notified market area, outside the office, if any of the market committee, or if there be no such office, at the office of the Zila Council, Tehsil/Town Council and Union Council; and

(b) At some other conspicuous places in the notified market area to be selected by the Director of Agriculture (Economics & Marketing).

(2) The expenses of notifying a market shall be met out of the funds of the market committee at the district headquarters, in case market committee does not exist.

5. PERIOD FOR WHICH LICENCES ARE TO BE ISSUED UNDER SECTION 6 OF THE ORDINANCE AND THEIR RENEWAL:

(1) A licence issued to a dealer under Section 6 of the Ordinance shall be for one calendar year ending 31^st December.

(2) A grace period of 30 days will be allowed for the renewal of a licence issued under Section 6 of the Ordinance.

6. FEES TO BE PAID BY THE DEALERS FOR THE LICENCES TO BE ISSUED UNDER SECTION 6 OF THE ORDINANCE: The schedule of licence fee for each kind of licence shall be as under: -

(1) Any person desirous of obtaining a licence under section 6 of the ordinance.

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

(b) as a seller or buyer or both buyer and seller of agricultural produce, shall apply to the market committee concerned in Form 'A' given in the schedule appended to these rules and shall deposit the fee prescribed under Rule 6.

(2) The Secretary of Market Committee or any other employee of a market committee authorized by him to receive such applications shall immediately examine the particulars of the application and satisfy himself whether the applicant fulfils the requirements of sub-section (2) of Section 6 of the Ordinance. After verification the application shall be commented upon and forwarded to the market committee, which shall grant or refuse the licence, as the case may be.

(3) In case the licence is refused by the market committee under the provision of sub-section (2) of Section 6 of the Ordinance, the person aggrieved by such an order may appeal to the Extra Assistant Director of Agriculture (Economics & Marketing) at any time within fifteen days of the passing of the order. The order of the Extra Assistant Director of Agriculture (Economics & Marketing) passed in appeal shall be final.

(4) The licence shall be subject to such conditions as are stated therein or printed or noted on it or which may separately be notified in that behalf.

8. PERSONS EXEMPTED FROM TAKING OUT LICENCES: The following persons shall be exempted from taking a licence for the purchase and sale of agricultural produce: -

(a) Scheduled Bank when proceeding against any person or a licensee under section 6 of the Ordinance to whom money has been advanced against the security of such agricultural produce.

(1) A notification under Section. 7 of the Ordinance shall determine the numerical strength of the members of the market committee to be constituted.

(2) For the purpose of constituting a market committee, the Secretary to the Government of the Punjab, Agriculture Department shall fix and notify a date by which market committees are to be constituted and in case there is no Zila Council, the District Coordination Officer shall furnish panels of growers, consumers and licencees under section 6 and 9 of the Ordinance to the Government by that date.

(3) The Zila Nazim and in case there is no Zila Nazim the District Coordination Officer shall consult in writing with the Extra Assistant Director of Agriculture (Economics & Marketing) and also the Associations of growers, consumers and the licencees, if any, existing within the notified market area, in obtaining the names which may form panel for the selection of the members of the market committee.

(4) The Zila Nazim shall submit the recommendations to the Zila Council and in case there is no Zila Council the District Coordination Officer shall submit his recommendations in the manner as provided under Section 8 of the Ordinance to the Government, for appointment of members of the market committee by the date fixed in the notification by the Secretary to Government of the Punjab Agriculture Department.

(5) The Zila Council and in case there is no Zila Council the Government shall, as it may deem proper, select and notify the names of the members appointed:

"Provided that if the Zila Council do not accept the recommendations made by the Zila Nazim or Government does not accept the recommendations made by the District Coordination Officer, as the case may be , as a whole or in part. It shall ask the Zila Nazim or the District Coordination Officer to submit fresh names or panel of names in the manner provided above".

(6) The notification issued under sub-rule (5) shall specify the date from which market committee is to function. This information, besides being communicated to the members appointed, shall be notified to the public by exhibiting a copy in the office of the market committee, or if there be no such office, at some conspicuous place within the notified market area.

10.PERSONS NOT ELIGIBLE FOR MEMBERSHIP: No person shall be appointed as a member of a market committee, who:

(d) has been found guilty of misappropriation or criminal breach of trust or cheating or any other offence involving moral turpitude or abetment of or attempt to commit 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 expiry of the term of sentence imposed on any person in respect of any such offence; or

(e) has directly or indirectly any share or interest in any contract with the market committee.

(d) by becoming subject to any one of the disqualification mentioned in rule 10 supra; or

(e) by removal under section 11 of the Ordinance by an order of the Zila Council and in case there is no Zila Council the government; or

(g) if a member fails to attend three meetings of the market committee consecutively without reasonable and good cause.

(2) Any member of the market committee may resign from his office by tendering resignation in writing to the chairman, and if the member tendering resignation is himself the chairman, he shall submit his resignation to the Zila Council for acceptance and in case there is no Zila Council to the District Coordination Officer who shall forward the same to the Government.

(3) So long as resignation tendered under sub-sec. (2) above is not accepted by the Zila Nazim and in case there is no Zila Nazim by the Government, the person concerned shall continue to be a member.

(4) The resignation of a member received by a chairman shall along with a report of the facts, in so far as these may be known to him forthwith be sent to the Zila Council and in case there is no Zila Council to the District Coordination Officer, who shall without any delay, forward the same with necessary comments to the Government.

(5) The acceptance of resignation of a member shall be communicated through the Zila Council and in case there is no Zila Council through the District Coordination Officer to the market committee and the member concerned.

(6) The procedure prescribed in Rule 9 shall, so far as it may be applicable, apply to the filling up of a casual vacancy and the member so appointed shall be presumed to have entered upon his duties from the date of the application of the notification under sub-rule (5) of rule 9.

(1) The market committee at its first meeting shall elect a chairman and vice-chairman. For this purpose the meeting shall be called under the orders of the Zila Council and in case there is no Zila Council, the District Coordination Officer on a date and at a time to be fixed by him by a notice issued fifteen days before, and it shall be presided over by the Zila Nazim and in his absence by the District Coordination Officer himself, or by an officer appointed by him in this behalf.

(2) For such a meeting the quorum shall be not less than two-third of the existing strength of membership of the market committee.

(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 unopposed, but if there be more candidates then the decision shall be taken by the votes of members present in the meeting, which shall be 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 a 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-chairmen shall be deemed to have assumed office when their election has been confirmed by the Zila Council and in case there is no Zila Council by the District Coordination Officer, and this fact has been communicated to them in writing. If the Zila Council and in case there is no Zila Council the District Coordination Officer 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 Zila Council and in case there is no Zila Council to the District Coordination Officer and Director of Agriculture (Economics & Marketing).

(9) Only those members of a market committee shall be eligible to be elected as chairman or vice-chairman with minimum qualification of matriculation.

(10) No member of a market committee shall be eligible to be elected as chairman and vice chairman for two consecutive terms.

13. TERMS OF OFFICE OF CHAIRMAN AND VICE-CHAIRMAN AND FILLING OF CASUAL VACANCIES:

(1) A chairman and vice-chairman elected under rule 12 shall hold office during the period of membership, and if on the expiry of this period no person is appointed to succeed him, such member shall, unless Government otherwise directs, continue to hold office of a chairman or vice-chairman until his successor is appointed.

(3) If office of a chairman or vice-chairman falls vacant, before the expiry of full term, it shall be filled by selection at a meeting of the market committee, called, presided over and conducted in accordance with the provisions of rule 12.

(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 subject to his control.

(2) The chairman shall conduct all correspondence and be responsible for the keeping of accounts and for the safe custody of all cash not deposited in the treasury.

(3) The chairman shall, forthwith report the death of any member of the market committee to the Zila Nazim and in case there is no Zila Nazim to the District Coordination Officer, who shall take steps to get the vacancy filled up in accordance with law.

(4) The chairman shall, further more, bring to the notice of the Zila Nazim and in case there is no Zila Nazim to District Coordination Officer any fact, factor or disqualification, which in his opinion debars 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 may be determined by him:

Provided that if the chairman is absent from the notified market area, or on account of illness or any other circumstances is unable to perform his duties, the vice-chairman shall act in place of the chairman, when he shall have all the powers of and be responsible for all the duties of the chairman.

(1) A market committee shall draw up, and may, if necessary, amend its bye-laws, under section 36 of the Ordinance in order to regulate its procedure and effectively discharge its functions. Subject to the provisions of the Ordinance, these rules and bye-laws shall inter-alia prescribe: -

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

(e) payment of traveling expenses to the members of the market committee, provided that no bye-law made under this sub-rule shall be brought into operation until and unless the Director of Agriculture (Economics & Marketing) certifies that the committee's financial position permits the grant of such traveling expenses;

(f) the person by whom the receipt may be issued on behalf of the market committee for money paid to it;

(g) the member or members of the market committee by whom licences to be issued by it may be signed;

(h) procedure for the reception, hearing and disposal of complaints by market committee or by its sub committees;

(i) fees to be levied by it for transaction relating to purchase and sale of agricultural produce, or for weighment, measurement or storage of such produce through its agency;

(j) security to be furnished by the officers and servants of the market committee or sub market committee authorized to handle money on its behalf;

(k) regulation of the duties of the persons holding licences from the market committee; and the fees, trade allowances remuneration to be charged by them or by the dealers;

(l) leasing out and management of the immovable property owned by or vesting in the market committee;

(n) hours of business for the purchase or sale of agricultural produce in a market or sub-market

(o) rules regarding the imprest money to be kept under the control of the chairman of the market committee

(r) manner for the grant and renewal of licences to brokers, weighmen, measurers, surveyors, warehousemen, changers, palledars, boriotas, tollas, tokrewalas and rehriwalas and fees therefore

(t) the manner how to create and maintain peaceful condition and environments for business;

(x) such other matters as are in the opinion of the government necessary or expedient to be provided for the purpose of carrying out the provisions and objects of the ordinance and these Rules.

(2) Bye-laws framed by a market committee or any amendment thereof shall be published for one week at a prominent place in the notified market area to be selected by the market committee. Any objection in writing received by the market committee within ten days of the first day of publication shall be considered in a meeting of the market committee. The bye-laws as finally approved by the market committee shall be submitted to the Director of Agriculture (Economics & Marketing), who shall at his discretion be competent to remit the same for the reconsideration of the market committee along the lines to be indicated in his order. The market committee, after making such modifications, if any as it may consider necessary, shall return the bye laws to the Director of Agriculture (Economics & Marketing), who shall then forward the same to the Government with such recommendations as he may deem proper, and the Government shall confirm the bye-laws with such modifications as it may consider necessary, without any further publication.

16. CHAIRMANSHIP OF MARKET COMMITTEE MEETINGS AND TRANSACTION OF BUSINESS:

(1) A meeting of a market committee shall, subject to any bye-laws made by the market committee, be called under the order of the chairman.

(2) The quorum for a meeting not otherwise provided for in these rules, shall be eight in a committee of seventeen and five 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) Every meeting of a market committee shall be presided over by the chairman, or in his absence by the vice-chairman, and if both are absent, the meeting shall elect one of the members present to act as chairman for the occasion, and such chairman shall have for that meeting, all the powers of a chairman, and be designated as such.

Provided that if the Chairman or the vice-chairman turns up during the meeting he shall assume his powers and duties as chairman and the temporary chairman shall cease to function as such.

(5) The chairman of the meeting shall be responsible for preserving order in the meeting, and shall decide all points of order that may be raised therein. There shall be no discussion on points of order, unless the chairman considers it necessary to seek the opinion or advice of any member present or allows any one to discuss, and the chairman's decision shall be final.

(6) All questions that may come up before a meeting shall be decided by majority of votes of the members present, and in case of equality of votes, the chairman shall have and may exercise a second or casting vote.

No member of a market committee shall be present at, or take any part in the proceedings of the market committee, or of any sub-committee constituted by it, relating to a matter in which he or any one of the persons enumerated in rule 46 has a direct or indirect pecuniary interest.

(1) A market committee shall maintain a minutes book, in which the record of the proceedings of every meeting shall faithfully, be entered and the same shall be signed by the chairman of the meeting.

(2) In order to ensure that the minutes of meeting are correctly recorded, these shall be read out in the next meeting of the market committee, as the first item of agenda, and the members, who were present at the former meeting, shall have right to question the correctness of recorded minutes, which shall be confirmed with such modifications, as may be decided upon in order to bring them in conformity with the factual position. In case of any dispute about the correctness of minutes, the opinion of the chairman under whose signatures the record was prepared, if he be present, shall be final, if, however, the chairman is not present when the dispute arises, the matter shall be decided by majority of votes of such members present who had attended the former meeting.

19. COPIES OF PROCEEDINGS TO BE SENT TO THE DIRECTOR OF AGRICULTURE (ECONOMICS & MARKETING):

(1) A copy of the proceedings of every meeting of a market committee shall forth-with be forwarded to the Director of Agriculture (Economics & Marketing) and Extra Assistant Director of Agriculture (Economics & Marketing) for information.

(2) The Director of Agriculture (Economics & Marketing) shall keep a permanent record of the proceedings sent to him under sub-rule (1) without further publication.

(1) A sub-committee may be constituted under section 15 of the Ordinance. The appointment and dismissal of members of a sub-committee and delegation and withdrawal of powers and duties

(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 rule 11, shall be the convenor of the meeting of the sub-committee, and shall submit a record of all the proceedings conducted and work done by the sub-committee to the chairman of the market committee.

(3) the rules of procedure applicable to meetings of the market committee shall, in so far as these may be applicable, apply to a meeting of a sub-committee

(1) An order passed by a market committee, other than service matter, under the ordinance or these rules, shall be appealable, to the District Officer Revenue of the respective notified market area.

(2) Except as may otherwise be provided by these rules, every appeal shall be stamped with a court-fee of Rs. 5

(3) Every appeal shall be presented to the appellate authority by the appellant, or 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 clear statement of the facts relevant thereto, and the relief claimed. It shall state clearly the name and full description of the appellant, who shall sign the memorandum and verify the correctness of the facts stated therein.

(4) The appeal shall be decided after notice to and after hearing the appellant, the market committee concerned, and the person in whose favour the order under appeal had been made, and after making such further enquiry as the appellate authority may consider necessary.

(5) A revision against the order passed in appeal by the District Officer Revenue, referred to in sub-rule (1), shall lie to the Executive District Officer Revenue.

22. REFERENCES : All references from a market committee to any officer of the Government shall be made through the head of the department or office concerned.

(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 observance of the provisions of the ordinance, and these rules, and shall manage the affairs of 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 regulation of ingress and egress of traffic in the market and specifying places where vehicles and shall be unloaded and parked and where animals shall be unloaded and tethered. For information of the persons visiting the market, such an order shall be exhibited outside the office of the market committee and at such conspicuous place or places in the market as the chairman of the committee may determine.

24. TRADE ALLOWANCE: Every market committee shall, with the approval of the Government, prescribe in its bye-laws a list and scale of trade allowances which alone may be levied within the notified market area.

(1) For the purpose of budget and for following these rules, the agricultural produce market year shall commence on 1^st July every year and end on 30^th June following.

1-A (1) there shall be a Budget committee which shall include the member of the market committee appointed under sub-section (2) 8 of the Ordinance as a member thereof. The Budget Committee shall draft budget proposals for development works, plans and estimates for the construction, repairs of premises, provisions of amenities and facilities.

(2) The draft budget proposals shall be prepared and placed before the market committee by 15^th April each year.

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

(3) A duplicate copy of budget so adopted shall be submitted to the Extra Assistant Director of Agriculture (Economics & Marketing) who shall after such scrutiny as may consider necessary forward the same with his comments to the Director of Agriculture (Economics & Marketing) by 15^th May, who shall have the power to sanction the same with such modifications as he may consider proper. The market committee shall be bound to regulate its expenditure in accordance with the sanctioned budget.

(4) If the budget is not prepared and got sanctioned by a market committee before the commencement of any financial year, the Director of Agriculture (Economics & Marketing) may have the necessary statement prepared and certified and such certified statement shall be deemed to be the sanctioned budget of the Market Committee.

(5) At any time before the expiry of the financial year, to which the budget relates, a revised or supplementary budget for the year may, if necessary, be prepared and got sanctioned from the Director of Agriculture (Economics & Marketing).

(6) A market committee may, if necessary, during the budget year make a re-appropriation in the budget and such re-appropriation shall not be made except by a majority of the votes of the members present in the meeting.

(7) No expenditure shall be incurred, for which there is no provision in the budget, unless it can be met by re-appropriation from savings under other heads or by a supplementary grant from the available reserve sanctioned at a meeting of the market committee and approved by the Director of Agriculture (Economics & Marketing).

(1) the accounts of a market committee shall be kept in such form as appended to these rules and shall be audited in such manner as the Local Fund Audit Department, Punjab may determine.

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

(3) The chairman or the secretary of the market committee shall at the time of audit, cause to be produced all accounts, registers, documents and other papers which may be required by the audit authority for audit purposes and any explanation called for by him in regard to any discrepancy shall immediately be furnished.

(4) To meet the cost of audit every market committee shall deposit such an amount of audit fee to the provincial revenues as may be prescribed by the Government from time to time.

27. RECEIPTS TO BE CREDITED DAILY INTO THE GOVERNMENT TREASURY OR SCHEDULED BANK:

(1) Except where the Government otherwise directs, all the receipts made by the market committee shall be credited daily into Government treasury, sub-treasury or scheduled bank, in accordance with the instructions issued by the Government from time to time in this behalf and a resolution to this effect having been passed by the market committee and shall not be withdrawn except as provided in the rules.

(2) All remittances under these rules to a treasury, sub-treasury or a scheduled bank shall be made and acknowledged in accordance with the rules of business of the treasury, sub-treasury or the scheduled bank, as the case may be.

(3) 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, either get a balance as worked out in the pass book of the market committee or get a statement of accounts from it. The market committee shall compare such balance or statement of accounts with its own books.

(a) any sum has been deposited or paid in the market committee fund for the grant of a licence which in fact has not been issued; or

(b) a personas wrongly applied and paid for and been granted two or more licences of the same nature for the same notified market area; or

(d) any market fee has been recovered on a transaction which is exempted under these rules; or

(e) any money has been paid by mistake, the market committee shall, on a written application being made within 30 days from the date of payment of the amount claimed back, and after making such enquiry as it may consider necessary, order the refund of an appropriate amount, which shall be repaid to the person concerned out of the funds of market committee.

(2) The power conferred on the market committee by sub-rule (1) may also be exercised by the Chairman of the market committee, if so authorized by a resolution of the market committee.

(3) The application for refund shall contains such particulars as are necessary to enabling the amount to be traced.

29. LICENCES TO BROKERS, WEIGHMEN, MEASURERS, SURVEYORS, WAREHOUSEMEN, ETC:

(1) subject to the provisions of sub-rule (4) a market committee shall grant licences to persons who apply for the same for working in the notified market area as brokers, weighmen, measurers, surveyors, warehousemen, changers, palledars, boriotas, tolas, tokrewalas and rehriwalas. These licences shall be necessary only for a transaction, which falls within the purview of the Ordinance. An application for the grant of a licence shall be in Form 'D' and the licence in Form 'E'.

The licence shall be subject to the conditions which shall be stated therein or as may be notified from time to time as being applicable to such licences.

(2) Where the licencee is a firm, any change occurring in the membership of such firm, otherwise than through inheritance, shall mean constitution of a new firm and shall necessitate issuances of a fresh licence.

(3) Where a change, not necessitating a fresh licence, takes place in the membership of a firm, intimation thereof, shall within two weeks from the date of such change, be given to the market committee concerned, which after such enquiry as it may consider necessary shall satisfy itself about the correctness of such intimation and shall order necessary alterations/corrections to be made in the licence and the entries in the Register in Form 'K' shall also accordingly be corrected or amended.

(4) Where A licencee 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, which, after such enquiry as it may consider necessary shall satisfy itself about the correctness of such intimation and shall order necessary alteration/correction to be made in the licence, and the entries in the register in Form 'K' shall also be corrected or amended accordingly.

(5) If in a case covered by sub-rules (3) or (4) the licencee firm fails to give necessary intimation to the market committee, the change in the membership or the name of the firm, as the case may be , shall be presumed to have entailed composition of a new-firm.

(6) Market Committee shall through its bye-laws draw up a list of fees to be paid for grant or renewal of licences to brokers, weighmen, measurers, surveyors, warehousemen, changers, palledars, boriotas, tollas, tokrewalas and rehriwalas.

(7) In case of breach of any condition of a licence the market committee may, after giving to the licencee an opportunity to be heard, and for reasons to be recorded in its minutes book, suspend or cancel its licence, without being liable to refund the licence fee or any part of it.

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

(9) No person shall advance money for the purchase of, or have in his possession the document of title relating to agricultural produce in connection with which he is employed as a broker.

(10) No person shall at one and the same time hold dealer's licence under Section 6 and a licence under Section 9, or hold a licence under Section 9 for acting as a functionary in more than one capacity:

Provided that licences as dealer and warehouseman may be granted to and be held by the same person and a person holding a weighman's licence may work thereunder as measurer and vice versa.

(11) A licenced dealer, broker, weighman, measurers, surveyor, warehouseman, changer, palledar, boriotas, tolla, tokrewala and rehriwala, 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.

30. LICENCED WEIGHMEN. MEASURERS, SURVEYORS, ETC., TO WEAR BADGES : All changers, palledars, weighmen, measurers, surveyors, boriotas, tokrewalas, and rehriwalas and tolas shall be supplied with badges bearing serial numbers allotted to them. The badges shall be of such pattern as may be approved by the market committee and no licenced changer, weighman, measurer, palledar, boriota, tolla, tokrewala and rehriwala, shall act as such in a notified market area unless he actually wears the badge. A deposit of Rs. 10.00 as security shall be made with the market committee by every licenced changer, palledar weighman, measurer, surveyor, boriota, tokrewala and rehriwala and tola before grant of a badge to him. When a licence expire or is suspended or cacelled the badge shall be returned to the market committee and on such return the deposit therefore shall be refunded.

If any licencee fails to return the badge to the market committee within one month of the expiry, suspension or cancellation of his licence, the security deposit therefore shall be forfeited to the market committee.

31. FEES TO BE CHARGED BY LICENCEES AND OTHER FUNCTIONARIES : A person, when acting as a commission agent, changer, palledar weighman, measurer, broker, surveyor, boriota, tokrewala and rehriwala and tola or any other functionary, whether licenced or not, shall not in respect of service rendered by him in connection with purchase or sale of agricultural produce, receive from the person employing him a higher remuneration than that prescribed in the rules or the bye-laws of the market committee concerned. Where agricultural produce is bought or sold through the agency of commission agent, who is himself an intermediate owner, in the course of a transaction, such commission agent shall charge remuneration in respect either of the purchase or of the sale but not in respect of both:

Provided that in the absence of any agreement to the contrary, the fee chargeable by a weighman, measurer, or surveyor shall be payable by the buyer and seller in equal shares.

(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 none has been employed.

(2) Where any person enters into any transaction for the purpose of 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.

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

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

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

(4) The auctioneer shall conduct the auction on the terms, as to the payment of price, as set out in rule 34, which shall be made known to the prospective bidders before the auction is held.

(5) After the sale is completed, the auction form duly completed shall be forwarded by the auctioneer to the market committee, which shall preserve it for three years.

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.

On completion of a 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.

36. LEVY AND COLLECTION OF FEES ON THE SALE AND PURCHASE OF AGRICULTURAL PRODUCE:

(1) Fees prescribed under sub-rule (10) shall be leviable as soon as an agricultural produce is bought or sold by the licensee. In case the buyer and the seller are both licensees, the fee shall be paid by them in equal shares, otherwise it shall be paid in full by whosoever is a licensee under section 6 of the Ordinance:

Provided that in the case of a transaction liable to imposition of fee, entered into by a kacha arhatia, directly on behalf of a grower, the whole fee shall be payable by the licensee buyer and the kacha arhtia shall not be liable to pay any portion of it:

Provided also that for the purpose of this rule buyers and sellers exempted under rule 8 from taking licence shall be considered as licensees.

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

(3) The market fee shall be paid to the market committee or to an officer duly authorized by it to receive such payment, on the day of the transaction or on the following day:

Provided that in case of hardship the chairman of market committee may, by an order in writing, extend this period to a maximum of seven days from the day of the transaction.

(4) A receipt in Form 'I" shall forthwith be issued to the person making payment of fee.

(5) Every officer or servant employed by the market committee for the collection of fees shall be supplied out of its fund, 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 while discharging their duties.

(6) Every such officer or servant shall before entering into service furnish such security, as may be prescribed by the bye-laws of the market committee.

(7) Every person authorized to collect fees shall be provided with a counterfoil receipt book in form 'I' and a locked money box. The key of the box shall remain with the chairman or under his written order with the Secretary of the Market Committee. The amount shall be promptly put in the box by the person receiving it. The box shall be opened daily in the evening at a fixed time in the office of the market committee by the Secretary and the money contained therein shall be counted in the presence of the Secretary or an employee authorized by the chairman. The person in whose presence the box is opened shall be responsible for comparing the counterfoil receipts with the amount actually received and for giving a certificate to this effect over his dated signature on the back of the last counterfoil.

(8) For the purpose of this rule agricultural produce shall be deemed to have been bought and or sold in a notified area.

a. If the agreement of sale or purchase thereof is entered into in the said area;

b. If in pursuance of the agreement of sale or purchase the agricultural produce is weighed in the said area; or

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

(9) If in the case of any transaction any two or more of the acts mentioned in sub-rule (8) 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 has been weighed in pursuance of the agreement of sale, otherwise it shall be payable to the market committee within whose jurisdiction the agricultural produce is delivered as provided by sub-clause (e) of sub-rule (8)

(10) the following is the schedule of market fee prescribed for the stated agricultural produce, chargeable by the market committees in Punjab: -

(1) If a fee is leviable on sale or purchase of any quantity of agricultural produce in a notified market area and the dealer has complied with the provision of sub-rule (1) of rule 36, then no fee shall be chargeable on the sale or purchase, within 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.

(2) In case of a dispute about the payment of market fee with respect to sale or purchase of any agricultural produce, in respect of which the fee has already been paid within the notified market area the decision of Extra Assistant Director of Agriculture (Economics & Marketing) shall be final.

(1) Every licenced dealer and every dealer not being a hawker, exempted under rule 8 from obtaining a licence shall submit on the same day or on the following day to the market committee a return in Form 'H-A' showing his purchase in respect of each commission agent (known as pacca arhtia), and sales in respect of each dealer, as regards each item of agricultural produce:

Provided that in special cases of hardship the chairman of the market committee may, by an order in writing, extend this period to a maximum of seven days from the date of the transaction.

(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 those recovered from them.

(3) the market committee shall levy the fee payable under Section 19 of the Ordinance 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 issue of notice to him, assess the amount of his business during the period in question on the basis of such information as may be available and levy the fee accordingly.

(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 a licenced dealer within the notified market area and inspect and examine the accounts of transactions of agricultural produce and of the fee paid by him, and the dealer shall if required, be bound to produce forthwith his accounts before the chairman or the Secretary so as to enable him to inspect and examine the same.

(6) The market committee shall inform the dealer by a notice about the date and place fixed for the inspection of accounts; provided that if the dealer so desires, and pays such fee as the market committee may fix in this behalf, the inspection may be made at the dealer's premises.

(7) The market committee shall either generally, or in each case, appoint one or more of its employees to conduct such inspection of dealer's account books

(8) 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 basis of transactions shown in the dealer's account books, and the market committee may levy a fee, or, as the case may be; an additional fee, under section 19 of the Ordinance on the basis of such return or amended return; but if the account books are reported to be unreliable, or as not providing sufficient material for proper preparation or amendment of the return, or if no such books are maintained or produced, the market committee may assess the amount of the dealer's business on such information as may be available and levy fee on the basis of such assessment.

(9) Habitual default in submission of return and habitual submission of false returns shall be a sufficient ground for cancellation of a licence or refusal to renew it, and the provision of this rule shall apply in addition to and not in derogation of any other law.

(10) As assessment order made under the proviso to sub-rule (3) or under sub-rule (4) or (8) shall, unless passed in presence of the dealer concerned, be communicated to him by means of a written notice, and a copy thereof shall be supplied to the dealer on his making a written application and paying a sum of Rs. 2.00 as copying fee to the market committee. Every market committee, shall maintain a register of copying fee.

(11) The copy shall be prepared in the office of the market committee and shall be 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 it shall be conclusive evidence of the correctness of these dates.

(12) An assessment made by a market committee under the proviso to sub-rule (3) or under sub-rule (4) or (8) shall be deemed to be an order for the purpose of Rule 21. The Court-fee shall be an ad valorem fee under Article I of the court-Fee Act on the amount in dispute assessed under sub-rule (9).

(1) In any notified market area, the market committee may prescribe the places at which tobacco; chillies and fish 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 licenced weighmen or measurers any-where in a notified market area.

(1) Market Committee shall prescribe in its bye-laws standards of net weight of agricultural produce, to be filled in a packing unit, such as bag, a half bag or a pulli, as regards its notified market area.

(2) No person shall fill, or cause to be filled, any agricultural produce, except in accordance with the standards fixed under sub-rule (1).

(3) All transactions in a market in terms of packing units shall be deemed to have been entered into in accordance with the standard fixed under sub-rules(1)

(4) Immediately on the completion of weighment of a lot of agricultural produce, within a notified market area, either party to the contract may cause a test weighment of ten percent of the units of packing in a lot or two packing units, whichever is more. The test weighment shall be carried out at the site of weighment, and if no test weighment is held at the site, the produce shall be deemed to have been correctly weighed.

(5) Test weighment under sub-rule (4) shall be carried out in the presence of both the parties to the contract. If a party fails to attend or refuses or evades participation, the other party may report it in writing to the secretary of the committee, or any employees of the market committee not lower in rank to that of an Inspector, who after satisfying himself as to the correctness of the report, shall cause the test weighment to be made in his presence, or in the presence of any other official of the committee authorized by him in this behalf, and the result of such test weighment shall be conclusive as also binding on both the parties.

(6) Before any agricultural produce weighed, in pursuance of a contract of sale, or purchase, within a notified market area, is removed from the place of its weighment, the chairman or the secretary of the market committee, or any employee of the market committee not lower in rank to that of an inspector shall, with a view to satisfying himself that such weighment has been correctly made, or has been filled in accordance with the standards fixed under sub-rule (1), be entitled, at any time and without any previous notice, to check the weighment by means of weights and instruments kept by the committee or any other agency, in the presence of the purchaser and the seller, and if either or both of them avoid attendance, test weighment may be carried out in the presence of any two persons present there.

(7) If the weighment checked under sub-rule (6) is found to be defective, the persons checking the weighment may order the lot to be reweighed. The reweighment shall be made at cost of the buyer, if it has not been filled in accordance with the standards fixed under sub-rule (1), and at the cost of the weighment concerned, if the weighment is otherwise defective. Such orders shall be final, and the buyer or the weighman, as the case may be, shall immediately comply with the order. This sub-rule shall operate without prejudice to any other punishment that may be awarded under the Ordinance, these rules or the bye-laws made thereunder.

Every market committee shall deposit not less than 10 per cent. Of its annual income in a fund maintained and operated by the Government, for covering the salaries of officers to be appointed for the better working of the market committees, or for meeting the expenditure to be incurred on carrying out the purposes common to or for the overall interest of the market committees of the Province as provided under sub-section (3) of Section 20 of the Ordinance. Such amount shall be deposited by every market committee by 31^st of July every year in the fund maintained and operated by the Government.

42. 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 Punjab Weights and Measures (International System) 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 at least one weighing instrument of the capacity of 100 Kilo-gram and two sets of weights and, at places where measures are used, two sets of measures also, verified and stamped in accordance with the provisions of the Punjab Weights and Measures (International System) Enforcement Act, 1975 and the rules framed thereunder. The market committee shall cause such weights and measures to be tested and verified once in the course of each calendar year through the agency appointed under and in accordance with the requirements of the said Act and the rules.

(3) The chairman of a market committee shall allow any person to check free of charges any weight or measure in his possession with the weights and measures maintained under this rule.

(4) Weighing instruments and measures kept by a market committee under this rule may at any time be inspected, examined and checked by the Director of Agricultural (Economics and Marketing) or by Deputy Director of Agriculture (Economics and Marketing) or by Extra Assistant Director of Agriculture (Economics and Marketing) or by an Inspector appointed under the Punjab Weights and Measures (International System) 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 licensee under Sections 6 or 9 of the Ordinance, 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 licensee or other person in possession of any 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 Punjab Weights and Measures (International System) Enforcement Act, 1975 and the rules made thereunder it shall at once be seized and if it is convenient be forwarded forthwith alongwith a report to the Inspector appointed under the Punjab Weights and Measures (International System) Enforcement Act, 1975 within whose jurisdiction the notified market area lies so that action in accordance with law is taken; the report shall be in the following form:-

WEIGHING/INSTRUMENT/WEIGHT/MEASURE

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

(2) Every cheque drawn on behalf of market committee shall be signed jointly by the chairman and the secretary, or if the chairman is absent from the head quarters of the market committee, or is on account of illness or any other circumstances unable to perform his duties, by the vice-chairman or if both are absent or unable to perform their duties as stated above, by any two members of market committee, provided that no cheque shall be drawn except against a bill, which has been examined and passed by the chairman, or for recoupment of the imprest, if any, provided that the chairman shall not pass any bill for payment without the previous sanction of the market committee, except, however.

(b) for making payment for works and repairs for which budget provision has been made; or

Provided that in the absence of the chairman from the headquarters of the market committee, or in case of his inability on account of illness or other circumstances to perform his duties, bills for payment of the above nature may be passed and signed by the vice-chairman, or if both are absent, or unable to do so as stated above, by any two members of the market committee:

Provided further that where a market committee has ceased to function and a new committee has not been constituted, or if constituted, the chairman, or the vice-chairman, as the case may be, has not assumed office, or the chairman or vice-chairman having resigned or having died, no one has been elected to fill up the vacancy, any gazetted officer appointed by the Government in this behalf may pass bills and sign cheques on behalf of the market committee.

44: SURPLUS FUND—HOW TO BE DISPOSED: The balances 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, from time to time.

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's money or stores or other property occurs through 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 District Coordination Officer, who may order the amount or value of property to be written off as lost, irrecoverable or remitted, as the case may be, provided that if in any case the amount involved or value of such property is in excess of Rs.10,000.00 such order shall not take effect without the approval of the Government.

(1) The following persons shall not without the permission in writing of the Director of Agriculture (Economics and Marketing) be appointed as officers or servants of a market committee.—

(a) A member's parents, descendants, or the husband or wife of any such descendant.

(b) A member's wife, her parents, or descendant or the wife or husband of any such descendant.

(2) No person, who is a whole time salaried official in the service of Government or a local body, or who has been dismissed form the service of Government or a local body, or who is a member of a local body, shall be appointed as an officer or servant of a market committee without the previous sanction of the Government.

(3) No person, who is an officer or a servant of a market committee, shall (a) seek election to any local body, or (b) without the permission of the market committee, seek employment elsewhere:

Provided that where the officer or servant is a Government servant on deputation with the market committee, the permission of the market committee shall not be sufficient for seeking employment elsewhere:

Provided further that an employee retired from the service of a market committee may seek employment in any private institution.

(1) A market committee may, for the benefit of the persons using the market, exhibit at a suitable place outside its office, and at such other place or places as may be determined by it, bulletins of information regarding such matters as prices of Agricultural Produce prevailing at the principal marketing centres in the province and the posts serving the province, and the stocks held by mills and the like.

(2) Such bulletins shall be signed by the chairman or the secretary or a person appointed by the chairman in writing in that behalf and a copy of every such bulletin shall be kept for record in the office of the market committee.

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

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

(1) Government shall by notification constitute a Board of Arbitrators for each notified market area.

(2) A Board shall consist of five members, including the chairman, who shall be a grower, all to be appointed by the Government, out of a panel of names recommended by the Extra Assistant Director of Agriculture (Economics and Marketing) and the chairman, market committee concerned, equal to twice the number of vacancies to be filled, in the manner provided hereunder, that is to say:___

(a) two members besides the chairman from growers of the notified market area concerned:

(3) The proposed panels shall be submitted by the Extra Assistant Director of Agriculture (Economics and Marketing), in consultation with the chairman of the market committee concerned, to the Director of Agriculture (Economics and Marketing) for onward transmission to the Government for constitution of the Board of Arbitrators for the notified market area concerned in accordance with sub-rule (2):

Provided that the Government may, at its discretion, after such enquiry as it may deem proper, if not satisfied with the panel submitted to it, make such changes in the panel as it considers necessary in the circumstances.

(4) The Secretary of the market committee concerned shall act as the secretary of the Board.

(5) The term of office of the Board shall be for a period of three years commencing on such dates as may be specified in the notification under sub-rule (1), and where no such date is specified in the said notification, the period of three years shall be reckoned from the date of the notification.

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

(7) Government may at any time by notification remove the chairman or any member of the Board who in its opinion has been guilty of misconduct or negligence of duty or who has been wrongly or improperly appointed in violation of sub-rule (2), or who has lost the qualification on the strength of which he was appointed or whose continuance as a chairman or member in the opinion of Government is not desirable provided that before taking such action the person to be removed shall be given an opportunity of being heard and showing cause against the proposed action.

(8) A chairman or a member of a Board may resign his office by tendering his resignation to the Government.

(9) If a chairman or a member resigns under sub-rule (8) or dies or is removed under sub-rule (7), Government shall appoint another person in his place in accordance with the provisions of sub-rules (2) and (3) and the person so appointed shall hold office as chairman or member of the Board, as the case may be for the remaining term of office.

(1) Where any dispute arises between buyer and seller of agricultural produce of any kind, including disputes regarding the quality or weight or price of the agricultural produce, regarding the allowances of wrapping for containers, for dirt or for impurities or about deductions to be affected due to any reasons or in regard to unfixed bargain (mudda), the party or parties aggrieved may refer the dispute for settlement thereof in accordance with the provision hereinafter provide:

Provided that the board of arbitrators shall not entertain any dispute pertaining to unfixed bargain (mudda), where a written agreement has not been executed between the buyer and seller.

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

(3) The following rates of fees shall be payable by the party refering a dispute to the board:

(a) For disputes relating to monetary transactions two paisas per rupee on amounts up to Rs.25,000.00 and four paisas per rupee on amounts exceeding Rs.25,000.00

(4) If a question arises as to whether any dispute is or is not a monetary transaction, the decision of the Board shall be final.

(5) On receipt of the application the chairman of the Board shall, after proper scrutiny, fix up a date for the hearing of the case and shall summon the other party and the witnesses for appearance before the Board alongwith necessary documents, if any.

(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 fifteen days.

(7) After hearing the parties and examining the witnesses and documents, if any, the Board shall announce its decision in the presence of the parties.

(8) If on the date fixed for the hearing of the case. or on any date to which the hearing has been adjourned, any party fails to appear before the Board without any reasonable cause, the Board may dismiss the application for non-prosecution or may decide it ex parte, as the case may be. Any party against whom such an order or decision has been made, may within thirty days of the date of the passing of the order or the decision move an application for setting aside the same. The Board may, if satisfied that the party applying was prevented by sufficient cause from appearing before it on the date, when such an order or decision was made, may set aside that order or decision.

(9) The Board shall make every endeavor to ensure that a dispute referred to it is decided within one month of the reference made to it.

(10) All proceedings and decisions of the Board shall be in writing and a regular record thereof shall be maintained by the Board.

(11) Every proceeding before a Board of Arbitrators, shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 288 of the Pakistan Penal Code (Act No.SLV of 1860).

(12) The chairman and at least one member representing the growers and the persons licenced under Section 6 of the Ordinance shall form the quorum of the Board and no proceedings of the Board shall be valid unless the requisite quorum is present.

(13) Every meeting of the Board of Arbitrators shall be called and presided over by the chairman.

(14) A Board of Arbitrators shall be competent to order the costs involved in a case to be borne by one or both the parties in any proportion considered reasonable by the Board.

(15) Minors and persons of unsound mind may be represented before the Board by their guardians, appointed with the approval of the Board, and those who for any unavoidable circumstances are unable to appear before the Board, may be represented by a duly accredited personal provided that no lawyer shall be engaged by any party.

51. MONTHLY STATEMENTS TO BE SUBMITTED BY THE BOARD: The Market Committee shall submit to the Director of Agriculture (Economics and Marketing), Punjab Lahore for record a monthly statement showing the total number of disputes referred to the Board and the nature of such disputes, as also the number of disputes, settled during the preceding month.

52. INCOME AND EXPENDITURE OF THE BOARD: The income of the Board of Arbitrators shall be credited to the market committee fund and all expenses of the Board shall be met from the market committee fund. The chairman and the members of the Board shall be entitled to receive traveling allowance as permissible under the rules.

53. DISPUTE RELATING TO ANOTHER MARKET AREA: If a dispute relates to another notified market area, the chairman of the Board shall remit the same to the Board concerned, alongwith the fee, if any, paid by the complainant.

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

(2) A copy of the following documents may be obtained from a Board by the party concerned on a written application made to the Board on payment of the following copying fee____

55. POWER OF INSPECTION AND SEIZURE OF AGRICULTURAL PRODUCE BY AN OFFICER OR SERVANT OF MARKET COMMITTEE:

(1) 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 agriculture 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 Ordinance, or of the rules or bye-laws and made thereunder, is reasonably suspected to have been committed.

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

(3) An officer or servant of the market committee seizing property under this rule shall keep such property either in his own custody or require any licenced dealer in the notified market area to take it into his possession and keep the same in his charge till such time as the inquiry in regard to the said property is completed and final orders regarding it disposal are passed by the competent authority:

Provided 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 from whom it was seized or taken possession of.

(4) The expenses incurred on transportation and storage of the property seized under this rule shall be recoverable from the person to whom the 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 the chairman of the market committee and the amount realized by such sale or auction shall be adjusted towards transportation and storage charges, and the balance, if any, paid to the person to whom the property belonged or was due to be restored.

(5) When the property is required to be restored to person from whom it was seized, a notice shall be issued to him for appearance at such place and time as may be specified in the notice for the purposed of taking 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 that such person applies for it to the market committee within 90 days of the sale or auction.

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

56. PENALTY FOR NON-PAYMENT OF FEE: If a person, firm or dealer habitually fails to deposit the market fee, the market committee on satisfying itself may charge any amount up to eleven times the fee as penalty.

(1) In case the chairman of the market committee receives an application for the compounding of an offence, he shall place the matter in the next meeting of the market committee in accordance with the provisions of sub-section (4) of Section 37 of the Ordinance.

(2) the market committee while compounding an offence shall in no case accept an amount less than five percent of the maximum fine that can be imposed for the offence:

Provided that the amount so realized by way of composition shall be in addition to any amount payable by the offender under the Ordinance or the rules or the bye-laws.

58. TRAVELLING ALLOWANCE TO BE PAID TO THE CHAIRMAN, MEMBERS, & THE STAFF OF THE COMMITTEE:

(1) If the chairman, member or staff of a market committee undertakes any journey, in the interest and under the orders of the market committee, he shall be paid traveling expenses out of the market committee's funds at a rate admissible under the Government Rules, provided that a chairman and vice-chairman of 'A' and 'B' Class market committees shall be treated as grade 18 officers and those of 'C' Class market committees as grade 17 officers and members of a market committee of any class as grade 16 officers.

(2) In case of any enquiry, survey or investigation being conducted by the Directorate of (Economics and Marketing) Punjab, Lahore or such enquiry or survey being conducted by the Government, for the benefit of growers or for the improvement of market committees, the officers/officials other than the market committee's staff, performing such duties may be paid traveling allowance out of the funds of the market committee concerned at the permissible rates. For the officers lower in rank than the Director of Agriculture (Economics & Marketing) approval shall be obtained from the Director of Agriculture (Economics and Marketing) to draw the traveling allowance, whereas in the case of officers of the rank of Director of Agriculture (Economics and Marketing) and higher than that such an approval shall be obtained from the Government.

59. SALE AND PURCHASE OF ESSENTIAL COMMODITIES OF AGRICULTURAL PRODUCE AND MODEL COMMISSION SHOPS:

(1) A market committee may, if so required, provide funds in its annual budget for the expenditure to be incurred on supply of essential commodities of agriculture products to be supplied to the public on no profit no loss basis.

(2) A market committee may open a model commission shop or shops in any notified market area for the benefit of and in the interests of the growers.

(a) Purchase load carriers, vehicles, trucks, tractors or trollies, for bringing agricultural produce of the farmers to the market and for agricultural marketing improvement.

(b) Purchase agricultural implements and machinery to be distributed amongst the growers of the market area.

(2) Such implements and machinery will be rented out to the deserving growers of the notified market area at the rates prescribed by the Government.

(1) The Director of Agriculture (Economics and Marketing) or the Deputy Director of Agriculture (Economics and Marketing) within his jurisdiction, or any officer not below the rank of an Extra Assistant Director of Agriculture (Economics and Marketing) appointed in writing by the Director of Agriculture (Economics and Marketing) or any officer appointed by the Provincial Government in this behalf, by general or special order, may:-

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

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

(c) By an order in writing, addressed to the chairman or secretary, require the market committee to furnish within a specified period any statements, accounts, reports, or copies of documents in possession of the market committee or pertaining to its proceedings or working.

(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 purposes of such enquiry make use of any property of the committee, and exercise the powers mentioned in clauses (a), (b) and (c)of this rule, and the members, officers and servants of the market committee shall render such assistance in the enquiry as the person or persons making the enquiry may deem necessary.

(2) The officers mentioned under sub-rule (1) may record in writing for the consideration of any market committee such observations as he may think proper in regard to the proceedings working functions or duties of the market committee.

(3) Every committee shall submit such reports, daily or periodically to the Director of Agricultural (Economics and Marketing), the Deputy Director of Agriculture (Economics and Marketing) the Extra Assistant Director of Agriculture (Economics and Marketing) or the Government, as directed.

(1) Every market committee shall exhibit the daily rates or prices of agricultural produce at such conspicuous places in the notified market area as may be determined by it so as to make the growers aware of the prevailing market rates/prices of agricultural produce of all kinds.

(2) It shall be the duty of the market committee to supply the daily rates to the Government, autonomous or semi-autonomous bodies and such other centres as may from time to time be determined.

(1) An application for the renewal of a licence shall be made at least 7 days before the date on which the licence is due to expire.

(2) If any licencee makes an application after expiry of the licence, the authority competent to renew a licence may renew the licence, if he deposits a penalty in cash with the market committee, for the period elapsed after the expiry of the licence, as under:-

Provided that the penalty charged by the market committee under sub-rule (2) shall not exceed the annual licence fee in any case.

Note: 15 days or more shall be treated as a full month for the purpose of computing the period for penalty.

(3) Every renewal of a licence made under this rule shall be deemed to take effect from the date following that on which the licence expired.

(4) If a licence granted under Section 6 or 9 of the Ordinance, or renewed under this rule is lost, a duplicate may be issued by the authority, which issued the original, on payment of a fee of Rs.10.00 in the case of a licence for a dealer or warehouseman, and Rs.2.00 in case of other licences.

(1) The following procedure shall be adopted for payment of market fee in respect of wheat, sugar (refined), atta and rice which are handled by the Food Department:-

(i) full market fee shall be paid by the Food Department if the same is purchased from the growers and dealers other traders who are not licencees of the market committee; and

(ii) Where the same is supplied to the flour mills, depot holders or any other agency out of the stock received from the Provincial Reserve Centers located in other market committees, the fee shall be paid in equal shares by both the Food Department and the other aforesaid agency/concern; duly licenced, as the case may be.

(i) Market fee shall be paid in equal shares by the Food Department and the roller flour mills or depot holders or any other agency, as the case may be, if the stocks are sold to them at the time of first transaction.

No market fee shall be paid on the sale of atta if sold to the depot-holders out of the stocks received from the roller flourmills operating in the same notified market area. However, if atta is sold out of the stocks received from any Provincial Reserve Centre of another 'notified market area the market fee shall be paid to the market committee in equal shares by the Government and the deport holders.

(i) if the same is sold out of the stock received from a Provincial Reserve Centre located in the area of another market committee, market fee shall be paid by the Food Department, and the depot-holders in equal shares; and

(ii) the persons exempted under rule 8 from obtaining dealer's licence shall be treated as licencees for the purpose of levy of market fee under this rule.

(1) The market committees in the Province shall be classified and notified in the official Gazette by the Government on the basis of their average annual income under the heads 'Market Fee' and 'Licence Fee' during the last three years as below:-

Class 'A' A market committee with an annual income of sixteen lac rupees or above

Class 'B' A market committee with an annual income of more than eight lac and less than sixteen lac rupees.

Class 'C' A market committee having an annual income of less than eight lac rupees

(2) All newly established market committees shall fall in class 'C' for at least three years and, thereafter, the Government may determine their class on the basis of their average annual income of the preceding three years, as provided in sub-rule (1).

(1) In regard to any sale or purchase of agricultural produce no functionary shall charge for the services actually rendered by him a remuneration in excess of the rates specified below:-

(iii) 3.12 percent in the case of vegetables, worked out on the basis of the value of the agricultural produce

(2) The seller shall not be liable to pay the remuneration mentioned in sub-rule (1) if he does not hire the services of any of the functionaries.

(3) Remuneration due to a broker, weighman measurers, palledar or changar shall be payable by the owner of the produce sold through a commission agent within the meaning of 'Kacha Arhtia'. The commission agent will get his commission from seller/owner. In other transactions the remuneration to any functionary shall be payable by the person employing him.

(4) For the purpose of these rules a bag shall be deemed to contain one quintal of agricultural produce unless it is actually weighed (without bardana). A quintal shall not be treated as anything, more or less than 100 k.g. and a sainkara shall not be counted as anything more or less than hundred.

(5) It will not be necessary for any seller of agricultural produce to engage any one of the functionaries enumerated in sub-rule (1), unless he wishes to do so and no one shall pay or be required to pay for a functionary who has not actually been engaged.

(6) No allowance, deduction/or charges of any kind in any form, not permitted by these rules shall be allowed in respect of any transaction of sale or purchase of agricultural produce.

(7) Every dealer shall give a receipt in Form 'C' appended to these rules for the amount received by him as commission agent and on behalf of other functionaries, viz., broker, weighman, warehouseman, palledar, changer, etc., who were actually employed for the sale or purchase of agricultural produce.

(1) The Government may allow the establishment of a new market in any notified market area in manner hereinafter provided.

(2) Any Market Committee intending to establish a new market within its notified market area invite application after due publicity, giving full details of the site where market is intended to be established.

(3) The market committee shall forward the application to Extra Assistant Director of Agriculture (Economics and Marketing) with its comments who, shall inspect the site and undertake necessary scrutiny and forward the case with his report to the District Coordination Officer.

(4) The District Coordination Officer shall forward the case with his comments to the Director of Agriculture (Economics and Marketing), who with his own remarks shall transmit the case to the Government for orders.

(5) The Government, after considering the aforesaid reports/comments/remarks, may allow or disallow the establishment of the new market. The decision of the Government in this regard shall be final.

(a) The owner of the land shall sell the selected site at a fixed price of Rs.100 (Hundred rupees) per merla and execute the sale-deed in favour of the market committee within a period of two months from the date of communication of the decision of the Government, failing which the Government may withdraw the decision about establishment of the new market.

(b) The market committee shall prepare a plan for the development of the selected site and carve out commercial plots and auction the same through a committee to be constituted by the District Coordination Officer.

(Provided that in establishing new markets in future, 70% of the plots shall be reserved for allotment to the already working commission agents and the remaining 30% shall be sold through open auction to the growers).

(d) The market committee shall construct roads, water supply system, sewerage, public baths and latrines and shall install street lights in the new market, and shall be responsible for their proper maintenance and for general cleanliness of the premises.

(e) One-third of the auction proceeds of commercial plots shall be paid by the market committee to the owner of the land.

(f) In case of forfeiture of a plot and re-auction thereof, the landowner shall not be entitled to claim an amount in excess of what he has already received.

68. Grading Of Agricultural Produce: The market committee shall be responsible to undertake grading of agricultural produce according to the provisions of the Agricultural Produce Grading and Marketing Act, 1937. The market committee may appoint necessary staff for this purpose, with the prior approval of the Government.

(1) The Secretary shall be the executive officer of the committee. The office establishment of the committee shall be under his control. Any order to any member of the staff of the market committee shall pass through him.

(2) The Secretary shall work under the control of the chairman of the market committee.

(3) The Secretary shall be entitled to attend all meetings of the market committee or a sub-committee except a meeting wherein anything concerning him or any one of his relatives is to be considered.

(a) father, mother, son, daughter, brother and sister of the person concerned; and

(4) The Secretary shall advise the market committee and its chairman in the light of the provisions of the Ordinance, rules and bye-laws framed thereunder, the decisions earlier taken by the market committee and directions given from time to time by the Government . His opinion shall be recorded in the proceedings of the committee.

(5) It shall be the duty of the secretary to carry into effect the provisions of the Ordinance, rule and bye-laws, the instructions or directions of the Government, of the Directorate of Agriculture (Economics and Marketing) and the chairman of the market committee, with a view to effect maximum improvement in the market.

(6) The Secretary shall deal with the correspondence received from the Government or the Directorate promptly and efficiently. He shall lay all correspondence of the market committee with the Government and the Directorate before the chairman of the market committee for information of action as required.

(7) Subject to sub-rule (5), the Secretary shall have immediate responsibility for the day-to-day working of office of the market committee, maintenance of accounts, punctual rendering of returns, safe custody of cash, common seal, minute book and other records and assets of the committee, and for periodical review of the progress made towards implementation of the provisions of the Ordinance and these Rules.

(8) The Secretary shall make an annual assessment of the work of employees of the market committee and shall submit the same to the chairman of the market committee. The chairman of the market committee shall take this assessment into consideration while making final assessment of the work of the employees before recording remarks in their character rolls.

(9) The Secretary of the market committee shall have the power to take necessary disciplinary action against the staff in grades 1 to 3. He may also report against the other employees for the misconduct, in-discipline, dis-obedience, dishonesty, neglect of duty and other such aspects of their conduct as in his opinion may impair the service discipline or may be prejudicial to the aims and objects of this law.

(1) The pay scales as prescribed in Schedule "A" annexed here to shall apply to all the employees of a market committee.

(2) Recruitment/promotion to the posts of a market committee in future shall be made in accordance with___

(3) No new posts other than those sanctioned in the budget for the year 1978-79 shall be created without the previous sanction of the Government.

(4) The Government may, from time to time, modify Schedules 'A' and 'B' in the manner it deems fit.

(5) If any person already employed by a market committee is not covered by Schedule 'A' he will be allowed to continue as such or may be absorbed at his request at place where such vacancy exists, with the prior approval of the Government.

(6) In respect of service conditions including disciplinary matters and other matters ancillary thereto, the employees of the market committee shall be governed mutatis mutandis by the rules applicable, from time to time, to the employees of the Punjab Government.

(7) Where the operation of these rules causes any hardship to a market committee employee, the Government may, for reasons to be recorded in writing. relax any of the provisions of these rules in his favour.

(8) Annual confidential reports, of the market committee staff, shall be countersigned by Extra Assistant Director of agriculture (Economics and Marketing):

(9) Provided further that the annual confidential report of the Secretary, Market Committee shall be countersigned by the Director of Agriculture (Economics and Marketing) or by such officer duly authorized by him.

71. TRANSFER OF EMPLOYEES OF MARKET COMMITTEE: The services of the employees of market committees shall be transferable from one market committee to another in the corresponding scale.

72. RELAXATION OF RULES: Any of these rules may, for reasons to be recorded in writing, be relaxed in an individual case by the Government, if the Government is satisfied that a strict application of the rule would cause under hardship to the individual concerned.

(1) For the purposes of appointments, punishments, appeals, transfers and controlling travelling allowance, in respect of each person holding post mentioned in Column 2 of Schedule 'C' shall be such as are specified against the post of such person in Columns 3 to 9 of the said schedule.

(2) An authority empowered under these rules to impose penalties on the holder of a post shall be competent to impose such penalties on every person holding such post whether such person was appointed by such authority or not.

74. ENGAGEMENT OF A LAWYER: A market committee individually, or jointly with other market committees, may engage a lawyer for the conduct of its cases in a Court of Law, subject to the following:-

(a) An market committee shall not be competent to sanction a fee to a lawyer exceeding Rs.500.00.

(b) If the fee of a lawyer who is being engaged by a market committee exceeds 500.00, a prior sanction of the Director of Agriculture (Economics and Marketing) shall be necessary, if it does not exceed Rs.1,000.00 and that of the Government, if it exceeds Rs.1,000.00.

75. PENALTY FOR BREACH OF RULES OR OF ANY CONDITION OF A LICENCE: Any person committing a breach of these rules or any licencee committing a breach of the conditions of his licence shall on conviction be punishable with fine which may amount to five thousand rupees; provided that the maximum fine which may be imposed for the breach of the conditions of a licence granted under Section 9 of the Ordinance shall not exceed one hundred rupees for each breach.

76. APPEALS: Appeals not provided in the Ordinance, or the rules shall be to the following:-

(a) An appeal against the order of a secretary of market committee shall lie to the chairman, against whose orders the person aggrieved may appeal to the market committee.

(b) An appeal against the orders of the market committee shall lie to the Extra Assistant Director of Agriculture (Economics and Marketing), whose decision shall be final.

77. REGISTERS, ACCOUNT BOOKS AND FORMS TO BE MAINTAINED BY A MARKET COMMITTEE: Every market committee shall maintain registers, account books and forms, as prescribed under the Ordinance, the rules and the bye-laws framed thereunder, as are given in Schedule 'D'.

78. PRESERVATION OF RECORD the record of the committee shall be preserved for a period noted against each item in Schedule 'E'

79. CONDUCT OF BUSINESS: Where a regular market has been established by the market committee with the approval of the Government, all transactions (Sale and Purchase) of agricultural produce shall be conducted within the market premises and not outside the same.

80. PENSION RULES: The rules applicable to the servants of Punjab Government from time to time in the matter of pension and gratuity shall be applicable to the servants of market committees in the Punjab in the manner provided hereunder: -

(a) Prior to retirement, each employee of market committee shall give his option to the competent authority indicating the market committee, from where he intends to get pension and gratuity. Provided that market committee so indicated by the employee must be one, where the retired employee has served.

(b) Market Committee opted by the employee shall be liable to make the payment of pension and gratuity to the retired employee in full. The market committees, where the employee has served, shall pay the due share of pension and gratuity as determined by Local Fund Audit Department to the market committee opted by the retired employee.

Group	Kind of licence	Fee
A.	Cotton Ginning and Pressing Factory, Oil Mills, Textile Mill, Ghee Mill, Rice Mill (Sheller and huller), importer and exporter of agricultural produce, sugar mill, purchaser of agricultural produce on behalf of mill, dairy and other such concern dealing in agricultural produce, wool factory, jute mill, tannery flour mill, tobacco wholesale dealer, roti plant, cold storage, refrigeration plant,	Rs. 500.00
B.	Commission agent of grain market vegetable and fruit market, wool, hides and skin merchant, wholesale karyana merchant, cotton seed and oil-cakes wholesaler, atta machine "chakky" , rice husking " chakky" pulses processing plant.	Rs. 200.00
C.	Retail shopkeeper of karyana, fruits and vegetables (dry and fresh), meet, wool, hair, beef, mutton, fish and egg sellers, oil-cake and cotton seed sellers, fodders (green or dry), tobacco and its products, kohloo and depot-holder, pharria.	Rs. 50.00

Name, parentage, caste and residence of the person from whom the weighing instrument, weight or measure is seized	Description of the weighing instruments or weight or measure seized	Date of seizer	Person by whom seized	Why seized	Person in whose presence seized	Remarks
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