An Act to provide for the better
regulation of the purchase and sale of agriculture produce
and the establishment of markets for agricultural produces in the province of West Pakistan.
Preamble:- Whereas it is expedient to provide for the better regulation of the purchase ands sale of agriculture produce in the province of West Pakistan and for that purpose to establish markets and make rule for their proper administration, in the manner hereinafter appearing.
It is hereby enacted as follows: –
1. Short Title and Extent:- (1) This Act may be called the agricultural Produce Market Act, 1939.
(2) It extends to the whole of West Pakistan except the tribal areas.
2. Definition:- In this Act, unless there is any thing repugnant in the subject or context:-
(a) “Agricultural Produce” means agricultural or horticultural Produce, Livestock or poultry and products and bye-products there of notification in the Schedule, provided that Government may, by notification in the official Gazette, add to, or omit any agricultural produce or their bye-products specified in the Schedule.
(aa) “Dealer” means any person not being a grower who within the notified market area sets up, establishes or continues or allows to be continues any place for the purchase or sale of the agricultural produce notified under sub-section (1) of Section 4 or purchases or sales, such agricultural produce.
(b) “Government” means the Provincial Government of West Pakistan.
(c) Grower means a person who grows agricultural produce personally, through tenants or otherwise but shall not include a grower who work as a dealer or broker or who is partner of a firm of dealers or brokers or is otherwise engaged in the business of disposal or storage of agricultural produce:
Provided that no person shall be disqualified from being a grower on the ground only that he is member of a society registered under the Cooperative Societies Act, 1912, which deals in the purchase or sale of agricultural produce or is otherwise engaged in the business of disposal or storage of agricultural produce.
If a question arises as to whether any person is a grower or not for the purpose of this Act, the decision of the Deputy Commissioner of the district in which the notified area is situated shall be final.
(d) “Market” means a building, block of buildings, enclosure or other area, which may be so notified in accordance with the rules made under this Act.
(e) “Notified Market Area” means any area notified under Section-4.
(f) “Prescribed” means prescribed by rules or bye-laws made under this Act.
(g) “Trade Allowance” include such allowances as have the sanction of custom in the notified area concerned.
(h) “Warehouseman” includes a person who stores agricultural produce not belonging to him and changes rent therefore, in any form from the person at whose instance the said produce is so stored.
3. Notification of intention of exercising control over purchase and sale of agricultural produce in specified area. The Government may, by notification, declare its intention in exercising control over the purchase and sale of such agricultural produce and in such area as may be specified in the notification. Such notification shall state that any objections or suggestions, which may be received by Government within a period to be specified in the notification, will be considered. Provided such period shall not be less than one month.
4. Declaration of Notified area:- (1) After expiry of the period specified in the notification under the expiry of the objections periods, the Government may, by notification and in any other manner that may be prescribed declare the area notified under Sec. 3 or any portion thereof to be a notified market area for the purposes of this Act in respect of the agricultural produce notified under Section 3, or any part thereof.
(2) After the date of such notification and on the establishment of market committee under section 7, no person notwithstanding anything contained in any other Law unless exempted under this Act shall, within the notified market area, set-up or establish or use any place for the purchase storage or sale of any agricultural produce except in accordance with the terms and conditions of license.
Provided that a License shall not be required by a grower who sells himself or through a bonafide agent his own agricultural produce or the agricultural produce of his tenants on their behalf or by a person who purchases any agricultural produce for his private use.
“Provided further that person carrying out such business immediately before the publication of the notification under sub-section (1) shall if be applies for a License under Section-6 within thirty days of the publication of the notification or the date notified thereby, continue to do until the question of grant of the License is decided against him”.
(3) Government may, in accordance with the provisions of sub-section (1) exclude any area from or include any area to, any notified market area”.
4-A. Mode of Trading Agricultural produce entering into a notified market area for the purpose of whole sale transaction shall be brought by or sold to the Licensed dealers by open auction in the prescribed manner and in case such agriculture produce cannot be sold open auction, it may be sold so fixed.
Provided that where a floor or minimum price is fixed by or under any law the agricultural produce shall not be bought or sold at a lower than the authority to whom an application may be made for the grant of a License.
5. Authority to whom Application for grant of Licenses are to be made:- The Government shall be rule made-under this Act, specify the authority to whom an application may be made for the grant of a License.
6. License and the fees:- (1) Any person who work or wishes to work as a dealer in a notified market area shall apply on the prescribed From to the Market Committee concerned for a License or for the renewal conditions and on payment of such fee not exceeding one thousand rupees per annum as may be prescribed:
Provided that no fee shall be charged from dealer who is a Cooperative Society registered under the Sind Co-operative Society Act, 1925.
(2) License under this Act, shall not be granted to a person who.
(a) is minor other than that who inherits the business; or
(b) is found to be un-sound mind by a Court of competent jurisdiction; or
(c) is insolvent, or
(d) has been found guilty of criminal mis-appropriation or criminal breach of trust or cheating or any other offence involving moral turpitude or abetment jurisdiction; provided that this disqualification will not operate if a period of three years has elapsed since the completion of the sentence imposed on any person in respect of any such offence.
(3) If any person carrying on business of a dealer in a notified market area immediately before the date of publication of the notification under Section-4, fails to apply for a License within thirty days form such date, the fee as specified below in each with the market committee:-
(i) Upto three months one thousand rupees.
(ii) Upto six months two thousand rupees.
(iii) Exceeding six months three thousand rupees.
(4) The Market Committee may, on being satisfied that there has been a breach of any of the conditions of a License shall not be renewed for such period not exceeding four months for the first breach as may be specified in that order:
Provided that no such order shall be passed without giving the License an opportunity to show cause within fifteen days from the date of issue of the show cause notice.
(5) Any person aggrieved by an order passed under sub-section-(4) may at any time within one month of the passing of the order appeal to the Assistant Director, Bureau of Supply and Prices of the district against such order, and the order passed in appear, shall be final.
Court Decisions
Whether petitioners who are Dealers in Livestock and licencees of Market Committee are entitled to collect Market Fee in respect of all transactions relating to livestock within notified area of Karachi Division–Held: Grant of a licence to a dealer only enables him to carry on his business in notified Market Area in conformity with requirement of Act and Rules–There is nothing in law enabling such dealer to recover Market Fee on behalf of Market Committee or Trade Allowance from persons who do not transact business through him. PLJ 2001 Karachi 113
7. Constitution of the Committee:- The Government shall by notification establish a market committee for every notified market area.
8. Constitution of the Committee:- (1) A market committee shall constitute of ten or eighteen members as Government may in each case determine.
(2) Of these members some may be appointed by Government from amongst the salaried servants of the State by virtue of his office.
(3) The remaining members shall be appointed by Government in the manner provided hereunder, that is to say:
(a) If the committee is to consist of 10 members, there shall be appointed.
(i) Five members from growers of the notified market area.
(ii) Three members from persons carrying on Business in Agricultural Produce
including the Business as broker, weighmen, measurer or surveyor; and
(iii) One member from amongst the consumers to be nominated by the Deputy Commissioner from amongst the members of the council or councils constituted under the Sind Local Government ordinance, 1979, having jurisdiction in the notified market areas; and
(b) If the committee is to consist of eighteen members, there shall be appointed.
(i) Nine members from frowers of the notified market area.
(ii) Six members from persons carrying on business in agricultural produce including the business as brokers, weighman, measurer or surveyor; and
(iii) Two members from amongst the consumers to be nominated by the Deputy Commissioner from amongst the members of the council or councils constituted under the Sind Local Government ordinance 1979, having jurisdiction in the notified market area”.
(4) Omitted.
(5) Omitted.
(6) No Act done by the committee shall be called into question on the ground merely of the existence of any vacancy in, or any defect in the constitution of the committee.
9. Duties of the Committee:- (1) A Market committee shall.
(i) Enforce the provisions of this Act, and the rules and bye-laws made thereby.
(ii) Arrange open auction of the agricultural produce referred to in Section 4-A, and supervise all operation connected therewith including correct weighment and timely payment of its price in the prescribed manner;
(iii) If it considers necessary or if so directed by Government, establish one or more fair price shops and for that purpose buy, sell, store (including storing in cold storage) agricultural produce in the prescribed manner;
(iv) If the financial resources as permit set up or acquire markets, warehouses, cold-storages (including refrigerated mobile vans, for the benefit and facility of growers, dealers and other market functionaries in the prescribed manner;
(v) Undertake any other duty or duties under this Act as Government may, from time to time, direct”.
(2) Subject to such rules as the Government may make in this behalf, it shall be the duty of the Market Committee to issue Licenses to brokers, weighman, measurer, surveyor, werehousemen, changers, palladars, boriottos and roles, for carrying on their occupation in the market area in respect of agricultural produce as defined in this Act, and to renew, suspend or cancel such Licenses.
(3) No broker, weighmen, measurer, surveyor, warehouseman, changer, palladar, boriotta and rola, shall, unless duly authorized by License, carry on his occupation in a notified market area in respect of agricultural produce as defined in this Act.
10. Period Of Office Of Members:- Subject to the provisions of Section-13, every member shall hold office for a period of three years from the date of his appointment and if, when such period expired, no person has been appointed to succeed him, such member shall unless the Government otherwise directs, continue to hold office until his successor is appointed.
11. Removal Of Members:- The Government may at any; time during the period of his office remove by notification any member if such member has, in their opinion, being guilty of misconduct or neglect of duty has been wrongly or improperly appointed or has lost the qualification on the strength of which he was appointed or whose continuance as member in the opinion of Government is not desirable.
12. Election Of Chairman and Vice-Chairman:- Every market Committee shall elect from amongst its members a chairman and a Vice-Chairman.
13. Filling Of Vacancies:- If through death, resignation, transfer residence outside the province, inability to Act as a member of the committee or removal in accordance with the provision of section-11, any vacancy occurs, Government may appoint a member to fill such vacancy in accordance with the provision of Section-8.
Provided that the term of office of the members so appointed shall expire on the same date as the term of office of the vacating member would have expired had the later held office, for the full period allowed under Section-10, unless there be delay in appointing a new member to succeed the member first mentioned above, in which his successor is appointed by the Government.
14. Incorporation Of Committee:- Every market committee shall be a body, corporate by such name as the Government may specify in the notification establishing it, shall have perpetual succession and a common seal, may sue and be sued in its corporate name and shall subject to the provisions of Section-24, be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which my have become vested in or been acquired by it, and to contract and to do all other things necessary for the purposes for which it was established.
Provided that no committee shall permanently transfer any immovable property except in pursuance of a resolution passed at a meeting specially convened for the purpose by the majority of not less than three-fourths of the members of the committee.
15. Sub-Committee And Joint Committee and Delegation Of Powers:- The market committee may appoint two or more of its member to be a sub-Committee for the conduct of any work or to report on any matter and may delegate to any one or more of its members and withdraw from him or them such of its powers or duties and in such manner as may be prescribed.
16. Appointment And Salaries Of Officers And Servants Of Market Committee:-
(1) Subject to such rules as may be made by the Government in this behalf, a market committee may employ such persons as may be necessary for the management of the market may pay such persons such salaries as it may think, fit and shall have power to control and punish them. The payment to its employees of such lease compassionate and medical allowances, gratuities and pensions as it deems proper; and may contribute to any provident fund which may be established for the benefit of such employees.
(2) The Committee shall, in the case of any Government servant whom it employees, pay to Government such contribution towards the pension and leave allowances of such servant as may be payable under any regulations inforce.
(3) Notwithstanding the provision of sun-section-(1), Government may consisting of all posts in the Market Committee is grades 11 and above, and all appointments to the said service shall be made by such authority in such manner and on such terms and conditions as may be prescribed.
(4) Government or any officer or authority empowered by Government in this behalf may transfer any person in the said service from one market committee to other.
(5) All persons in the said service shall be liable to such disciplinary action and penalties as may be prescribed.
(6) The salary allowances and other benefits except retirement benefits of the persons in the said service shall be disbursed form the funds of the market committee concerned.
(7) A Market Committee shall in addition to the contributions made to the Pool Fundunder Section-19, make further contribution in the prescribed manner towards its share of retirement benefits in relation to all persons in the said services for the period of such service in such Committee.
17. Persons Who Are To Be Deemed Public Servant Within The Meaning Of Section-21, Of The Pakistan Penal Code:- Every person employed by the Market Committee under the provisions of Section-16, and every member of the Committee shall be deemed to be a public servant within the meaning of Section-21, of the Pakistan Penal Code.
18. Execution Of Contracts:- (1) Every contract entered into be a market committee shall be in writing and shall be signed on behalf of the Market Committee by the Chairman or, if for any reason he is unable to act by the Vice-Chairman and two other members of the committee and shall be scaled with the common seal of the committee.
(2) No contract other than a contract executed as provided in sub-section-(1), shall be binding on a market committee.
19. Levy Of Fees:- (1) Subject to the rules made in this behalf, a market committee may levy a fee on an agricultural produce bought or sold in the notified market area at such rate as may be prescribed by rules.
(2) Fifteen percent of the fee under sub-section-(1), shall be credited to a fund, hereinafter referred to as the “Market committee Pool Fund”, provided that:-
(a) No fee shall be leviable in respect of any transaction in which delivery of the agricultural produce bought or sold is not actually made, and
(b) A fee shall be leviable only on the parties to a transaction in which delivery is actually made.
19-A. Market Committee Pool Fund:- (1) Market Committee Pool Fund shall be administered by a Committee consisting such members as may be appointed by Government.
(2) Subject to rule, the Market Committee Pool Fund shall be expended for:-
(i) Assisting the market committee by way of grant-in-aid of loans enabling them to undertake construction of new markets, modern storage accommodation, and such other works as may be approved by Government.
(ii) Meeting expenses on organizing seminars, symposiums and fairs on agricultural marketing.
(iii) Imparting training to the members and employees of the market committee and arranging study tours for them within or outside the province to improve their efficiency.
(iv) Engaging consultant of repute of undertake market surveys and commodity marketing research for future planning of marketing activities in the province.
(v) Acquisition of load carrying vehicles including refrigeration vehicles for bringing agricultural produce of the farmers to the markets.
(iv) Payment of salaries to the employees and other expenses required for administration of the fund, and
(vii) Payment of retirement benefits to the person in the Sind Market Committee Unified Grade”.
20. Market Committee Fund:- (1) All money received by a Market Committee shall subject to the provisions of Sections-19, be paid into a fund to be called the “Market Committee Fund”. All expenditure incurred by a Market Committee under or for the purposes of this Act shall be defrayed out of the said fund, and any purples remaining after such expenditure has been met shall be invested in such manner as may be prescribed by rules.
(2) (a) Every Market Committee shall, out of its fund, pay to the Government the cost of any special or additional staff employed by the Government with the committee for giving effect to the provisions of this Act in the notified market area.
(b) The Government shall determine the cost of such special or additional staff and shall, where the staff is employed for the purpose of more market committees than one, apportion such cost among the committees concerned in such manner as they think fit. The decision of the Government determining the amount payable by any market Committee shall be final.
21. Purpose For Which The Fund May Be Expended:- Subject to the provision of Section-20, the market committee fund shall be expended for the following purpose only:
(i) The acquisition of a site or sites for the market:
(ii) The maintenance and improvement of the market:
(iii) The construction and repair building which are necessary for the purposes
of such market and for the health, convenience and safety of the persons using it:
(iv) The provision and maintenance of standard weights and measures:
(v) The pay, leave compassionate and Medical leave allowances, gratuities and
pension and contribution towards leave allowances or provident fund of the
persons employed by the market committee.
(vi) The payment of interest on loans that may be raised for purposes of the
market and the provision of a sinking fund in respect of such loans:
(vii) The collection and dissemination of information regarding all matters
relating to crop statistic and marketing a respect of the agricultural improvement
and thrift:
(viii) Providing comforts and facilities, such as shelter shade, parking
accommodation and water for the persons, draught cattle and pack animals
coming to the market, and similar other purpose which is calculated to promote
the general interest of the market:
(ix) The expenses incurred in auditing the accounts of the committee:
(x) With previous sanction of the Government, any other purpose which is calculated to promote the general interest of the market:
(xi) For the payment of traveling allowance to the members and the employees of the market committee as prescribed:
(xii) Arranging agricultural exhibitions, melas, seminars, harvesting and silt cleaning competitions and awarding prizes, and
(xiii) Defraying expenses for purposes of Clauses (iii) (iv) and (v) of sub Section-(1) of Section-9.
21-A. (1) Every person shall be liable for the loss, water or Committee of any money or other property belonging to a Market of the Commissioner in the case of Karachi Market Committee and the Deputy Commissioner in other cases or any Gazetted Officer Specially empowered in this behalf by the Provincial Government to be the direct consequence of such person’s neglect or misconduct in the performance of given an opportunity by a written or oral representation why he should not be required to make good the loss, be surcharged with the value of such money on the paid within 14-days from the expiry of period of appeal arrears of Land Revenue.
(2) The person against whom an order under sub section-(1) us made may within one month of the notification of such order, appeal to the Commissioner who shall hence the power of confirming modifying or disallowing the surcharge.
22. No Trade Allowance Permissible Except As Prescribed By Rules Or Bye-Laws:-No trade allowance, other than an allowance prescribed by rules of bye-laws made under this act, shall be made or received in a notified market area by any person in any transaction in respect of the agricultural produce concerned and no civil court shall, in any suit or proceeding arising out of any such transaction, recognize, any trade allowance not so prescribed.
Court Decisions
Grant of a licence to a dealer only enables him to carry on his business in notified Market Area in conformity with requirement of Act and Rules–There is nothing in law enabling such dealer to recover Market Fee on behalf of Market Committee or Trade Allowance from persons who do not transact business through him. PLJ 2001 Karachi 113 (PLJ)
22-A (1) The Provincial Government may, by notification direct that all or any of the disputes, other than disputes to which all the parties are dealers licensed under Section-6, arising in a notified market area, and relating to such matters connected with agricultural produce as may be prescribed by the Provincial Government, shall be referred to a Board of Arbitrators constituted under this Act.
(2) The Board shall receive and record evidence, and shall have power to administer oaths to parties and witnesses, and no requisition in writing signed by the Chairman of the Board, the Magistrate authorized by the District Magistrate in this behalf shall issue the necessary processes for the attendance of witnesses and the production of document and material object required by the Board, and may enforce the said processes as if they were processes for attendance or production before himself.
(3) No member of the Board, who has a direct interest in the matter under reference shall take part in the consideration or discussion of or vote on any question with respect to the said matter.
22-B (1) The decision of every Board of Arbitration shall be in accordance with the majority of votes.
(2) If there is not a majority of votes in favour of any proposed decision, the opinion of the Chairman shall prevail.
(3) The decision of a Board of Arbitration shall:
(a) Be enforced by any Civil Court having jurisdiction in the same manner as a decree of such Court; and
(b) Be final and shall not be questioned in any Court.
23. Bar Of Suit In Absence Of Notice:- (1) No suit shall be instituted against any market committee or any member, or employee therefore or any person acting under the direction of any such committee, member, or employee for anything done or purporting to be done under this Act, until the expiration of two months next after a notice in writing, stating the cause relief which he claims, has been in the case of the committee delivered or left at its office, and in the case of any such member employee as person as aforesaid delivered to him or left at his office or usual place of adobe, and plaint shall contain a statement that such notice has been so delivered or left.
“(1-A) Where any such suit is instituted without delivering or leaving such notices as aforesaid or before the expiration of the said period of two months or where the plaint shall not be entitled to any costs in settlements as regards the subject matter of the suit is reached or the committee any member or employee therefore concedes the plaintiff’s claim within the period of two months from the date of the institution of the suit:
Provided that in a Suit instituted without such notice the court shall allow not less than three months to submit its written statement”.
24. Power To Borrow:- (1) The market committee may, with the previous sanction of the Government raise the money required for carrying on the purposes for which it is established on the security of any property vested in and belonging to the market committee and of any fees leviable by the market committee under this Act.
(2) A Market committee for the purpose of meeting the initial expenditure of lands, buildings and required for establishing the market, and for the proper discharge of the duties and functions imposed on it by or under this Act, obtain a loan from the Government on such conditions, and subject to such rules as may be prescribed.
24-A (1) The Director General Bureau of supply and prices may be order in writing annul any proceeding of a committee or sub-committee which considers not to be in conformity with law or the rule or bye-laws in force thereunder and may do all things necessary to secure such conformity, or may suspend any resolution which it considers likely to lead to a breach of the peace, or to cause injury or annoyance to public or to any class or body of persons, or is likely to affect adversely the interest of the market committee or of growers or dealers transacting business in agricultural produce or of any class of functionaries working in the notified market area concerned.
(2) The commissioner in the cause of Karachi Market Committee and the Deputy Commissioner in any other case, may by order in writing suspend within the limits of the district the execution of any resolution or order of a market committee or sub-committee or prohibit the doing within pursuance of or any act, which is being done or is about to be done in thereunder. If in his opinion, the resolution order or act is in excess of the injury or annoyance to the public or to any class or body of person, or is likely to effect adversely the interests of the produce or of any class of functionaries working in the notified market area concerned.
(3) When the Commissioner or as the case may be the Deputy Commissioner makes an order under this section, he shall forthwith forward a copy thereof with a statement of his reasons for making it and the explanation if any of the market committee concerned to the
D.G. B.S.P. shall continue in force with or without modification, permanently or for such period as it thinks fit.
25. Supersession Of Market Committee:- (1) If in the opinion of Government a market committee is incompetent or perform or persistently makes default in performing the duties imposed on it by or under this Act, or abuses its powers, the Government may by notification suspended such committee.
Provided that before issuing a notification under sub-section the Government shall give a reasonable opportunity to market committee for explanations and objections, if any of the market committee.
(2) Upon the publication of a notification under sub-section (1) superseding a market committee the following consequences shall ensue:
(a) All of the members including the chairman and Vice-Chairman of the market committee shall as from the date of such publications be deemed to have ceased to be members of the committee.
(b) All assets of the committee shall vest in Government and the Government shall be liable to all the legal liabilities of the committee existing at the date of its supersession upto the limit of the said assets.
(3) The Government may at their discretion by order constitute ether a new committee as provided under Section-7 or such other authority carrying out the functions of the committee as the Government may deem fit.
(4) (a) When the Government have made an order under sub-section (3), the assets and liabilities defined in sub-section (2) (b) vesting in the Government at the date of such order shall be deemed to have been transferred on the date of such order to the new committee or authority constituted as aforesaid.
(b) (i) Where the Government by order under sub-section(3) of the section 25 have appointed an authority other than a new committee for carrying out of the functions of the superseded committee the Government may by notification determine the period for which such authority shall act. Such period shall not be longer than three years, but whereon new committee has been constituted or succeed the authority, it shall committee has been constituted to directs, continue to hold office until a new committee is constituted;
Provide that the term of office of such authority may be terminated earlier if the Government for any reason consider it necessary.
(ii) At the expiry of the term of office of such authority a new committee shall be constituted.
(iii) Upon such an order being made the assets and liabilities vesting in the authority thereby superseded be deemed to have been transferred by such order to the new committee.
(5) Whenever the assets of a committee vest in the Government shall employ the balance of the assets remaining after the discharge of the utility in the area specified in the notification issued under the sub-section(1) of section-4.
25-A. Emergency Powers:- If at any time Government are satisfied that a situation has arisen in which the purposes of this act cannot be carried not in accordance with the provisions thereof, Government may by notification.
(a) Declare that the functions of the market committee shall to such extent as may be specified by Government or such person as they may direct; and such notification may contain such incidental and consequential provisions as may appear to Government to be necessary or desirable for giving effect to the objects of the notification.
(b) Assume to themselves all or any of the powers vested in or exercisable by any market committee.
26. Penalties:- (1) Whoever the contravenes the provisions of sub-section (2) of Section-4, Section 4-A or subsection (1) of Section-6 shall on conviction, be punishable with fine which may extend to one thousand rupees, but shall not be less than five which may extend to one thousand rupees, but shall not be less than five thousand rupees and in case of a aforesaid, may extend to thirty rupees for everyday, after the date of first conviction, during which the contravention is continued.
(2) Whoever contravenes the provision of sub-section (3) of Section-9, shall on convocation be punishable with fine which may extend to one hundred rupees but shall not be less than fifty rupees and in the case of a continuing contravention with a fine which in addition to such fine as a foresaid may extend to two rupees for every day after the date of first conviction during which the contravention is continued.
(3) Whoever contravenes the provisions of Section-22 shall on conviction be punishable with fine which may extend to two hundred rupees, but shall not be less than one hundred rupees” and in case of imprisonment for a period not exceeding one month”.
27. Power To Make Rules:- (1) The Government may either generally or specially for any notified market area or area makes rules consistent with this Act for carrying out all or any of the purposes thereof.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for:
(i) The appointment and removal of members of market committee.
(ii) The powers to be exercised and the duties to be performed by the market
committees.
(iii) The election of the Chairman and Vice-Chairman of such committee their
powers and term of office.
(iv) The filling of casual vacancies in the office of members or in the office of
Chairman or Vice-Chairman of market committee.
(v) The time place and manner in which a contract between buyer and seller is
to be entered into and the money is to be paid to the seller.
(vi) Generally for the guidance of the market committee.
(vii) Management of the market fees which may be lived by the market
committee in respect of the agricultural produce bought or sold by the disposal
of each fees:
(viii) The issue by a market committee of Licenses to brokers weighmen
measurers surveyors warehousemen the form in which and the conditions
under which such Licenses shall be issued or renewed and the fee to be
charged therefore.
(ix) The place or places at which the agricultural produce shall be weighed the
kind and description of the scale, weights and measures which alone may be
used in transactions agricultural produce in a notified market area.
(x) The inspection, verification, regulation, correction and confiscation of
scales, weights and measures in use in a notified market area.
(xi) The trade allowance, which may be made or received by any person in any
transaction in an agricultural produce in a notified market area.
(xii)
(a) The constitution powers and functions of a Board of Arbitration (the manner in which reference shall be made to it)
(b) The procedure to be followed by Board of Arbitration in the disposal of
references under this Act.
(c) The transfer of matters and cases from one Board of Arbitrations to another and the transfer of money in such cases.
(d) The representation in processdings before Board of Arbitration of parties
who are miners or of unsound mind or are unable to make an appearance.
(e) The regulation of the scale of costs which may be allowed in proceeding
before Board of Arbitration.
(f) Prescribing and determining the amount of the fee payable in respect of any proceedings before Boards of Arbitration and,
(g) The maintenance by Board of Arbitration of registers and inspection of such registers and records.
(xiii) The prohibitions of Brokers form acting in the same transaction on behalf
of both the buyer and the seller of agricultural produce.
(xiv) The provision of accommodation for storing any agricultural produce
brought into the market.
(xv) The preparation of plans and estimates for works proposed to be
constructed partly or wholly at the expense of market committee, and the grant of sanction to such plans and estimates.
(xvi) The form in which the accounts of a market committee shall be kept the
audit and publication of such accounts and the charges of any to be made for such audit.
(xvi-a) The management and regulation of provident funds which may be
established by a market committee for the benefit of its employees.
(xvii) The preparation and submission for sanction of annual Budget and the
reports and returns to be furnished by a market committee.
(xviii) The Investment and disposal of the surplus funds of a market committee.
(xix) The manner in which open auction under section 4-A of agricultural
produce shall be conducted and bid made and accepted in any market and in case where such agriculture produce is not sold by auction manner in which it may be sold, may be prescribed by the Committee.
(xx) (Omitted by Act-1 of 1949).
(xxi) Prescribing any matters in respect of which fee shall be payable under this
Act, and fixing the amount of such fees and the mode of payment and recovery
thereof.
(xxii) Exemption of persons or classes of persins form the obligation Licenses
shall be made.
(xxiii) Specifying the authority to which application for obligation of obtaining
Licenses shall be made.
(xxiv) The realization of disposal of fees recoverable under this Act or under
any rules or Bye-laws made under this Act.
(xxv) The travcling expenses that may be paid to the members and employees of
market committee.
(xxvi) The setteling of any question as to whether any person is a grower or not.
(xxvii) The appointment of members of a marketing committee, and:
(xxviii) The submission of a panel by person licensed non-official members of
the district council and persons licensed under Section-6 and 9.
(xxix) Imposing on persons licensed under Section-4, the duty of making returns
to market committee at regular intervals of transactions of sale and purchase effected by them or at their place of business and of producing accounts for inspection and furnishing information when called upon by an authority duly empowered and prescribing the form and mode of verification of and the particulars to be entered in such returns as well as the nature of such information.
(xxx) Such other matters as in the opinion of the Provincial Government are
necessary or expedient to be prescribed.
(3) Any rules under this Section may provide that any contravention thereof or of any of the conditions of any License issued or renewed thereunder shall be punishable with fine which may extend to five hundred rupees.
(4) Omitted vide Section-27 of the agricultural produce market amendment Sindh ordinance No.XIII of 1980.
28. Bye-Laws:- (1) Sunject to any rules made by the Government under Section-27, a market committee may in respect of the notified market area under its management, make bye-laws for:
(i) The regulation of business.
(ii) The conditions of trading.
(iii) The appointment and punishment of its employees and
(iv) The payment of salaries, gratuity, pension, Leave, compassionate and
medical allowances to such employees.
(v) The delegation of power duties and functions of the sub-committees if any
provided by Section-15.
(vi) The remuneration of different functionaries not specifically mentioned in
the Act working in the notified market area and rendering any service in
connection with the sale or purchase of agricultural produce and.
(vii) Such other matters as in the option of the Provincial Government as
necessary or expedient to be provided for in Bye-laws, and may provide that
contravention thereof shall be punishable on conviction, by a competent
Magistrate with a fine which may extend to five hundred rupees.
(2) The power to make Bye-laws under this Act is subject to the condition of the Bye-laws being made after the previous publication, in such manner as may be prescribed.
(3) No Bye-laws under this Act shall have any validity until and unless it is confirmed by the Provincial Government.
(4) Before confirming any such Bye-laws the Provincial Government may modify it.
(5) The Provincial Government may cancel their confirmation of any such Bye-laws and there upon the Bye-laws shall cease to have effect.
28-A. All rules and Bye-laws made and (when confirmation is required) confirmed under this Act shall be published in the official Gazette and shall thereupon have effect as if enacted in this Act.
29. Trial Of Offences:- (1) No offence made punishable by this Act or any rule or Bye-laws made thereunder shall be tried by a Court inferior to that of Magistrate of the First Class of the concerned area or bye a Court of Mobile Magistrate of any area by holding summary proceedings.
(2) Prosecutions under this Act, may be instituted by a person duly authorized by a resolution of the market committee in this behalf.
(3) All fines received from an offender shall be paid to the Provincial revenues and grant equivalent to such fines shall be paid to the market committee.
30. Appeals:- The market committee may by a resolution, compound any offence under the Act the rules or bye-laws and may exercise this power at any time before directing prosecution, or where a prosecution has been instituted before the case is finally disposed of by trying Magistrate.
31. Recovery Of Sums Due To Government From Market Committee:- All sums due from a market committee to the Government may be recovered in the same manner as arrears of Land Revenue.
32. Delegation Of Certain Powers:- Government may by notification delegate all or any of its powers under this Act, =other than the power to make rules, to the Director General Bureau of Supply and Prices Sind.
33.
(1) The following enactments are hereby repealed.
(a) The Northwest Frontier Province Agricultural Produce Market Act, 1939.
(b) The Sind Agricultural Produce Market Act, 1940, and:
(c) The Bahawalpur Agricultural Produce Market Act, 1947.
(2) Notwithstanding the repeal of the enactments specified in subsection (1), everything done, action taken, obligation, liability, penalty or punishment incurred, License granted, inquiry or proceeding commenced committee provisions of the person appointed or authorized, jurisdiction or power of the provisions of the said enactments, shall if not in-consistent with provisions of this act, be continued and so far as may be, be deemed to have been respectively done, taken, incurred, granted, commenced, appointed, authorized, conferred, made or issued under this Act.
33-A. Dissolution:-
(1) Government may after inviting objections from Public dissolve by notification in the Official Gazette any market committee from such date as may be specified in the Notification.
(2) From the said date all properties funds and dues which were immediately before the said date vested in or realizable by the Market committee shall vest in and realizable by Government or such authority as may be specified in the said notification, and all liabilities which immediately before the said date were enforceable against the market committee shall be assumed by and be enforceable against, Government or the aforesaid authority, as the case may be.
34. Where any time land is acquired by a market committee for carrying out any of its functions under this Act, it shall be acquired under the land Acquisition Act, 1894, and market committee shall with the prior approval of the Director General Bureau of Supply and Prices, move the Government for acquisition of Land.
“SCHEDULE”
(See clause (a) of Section-2)
AGRICULRURAL PRODUCE
CEREALS:
Wheat, Maida, Suji, Dalya, Barley, Paddy, Rice, Husk, Maize, Maizecobs(green and dry), Jowar, Bajra-Atta and Starch.
FIBERS:
Cotton unginned(Phutty), Lint(Cotton) and Jute fibre.
SUGAR:
Sugarcane, Sugarcane-juice, Gur, Shakkar, Molasses, Sugar desi and refined.
OIL SEEDS:
Cotton seed, linseed, Sarsoon, Tays, Taramire, Til, Palm, Soyabean, Sun-flower, Ground nut, Caster, Coconut, their oils and oil cakes.
PULSES:
Mung, Masoor, Mash Matter Moth, Gram, Beans, Arthar, Gowar and others, whole and split.
FODDERS:
Senji, Lucern, Berseem, Bajra, Jawar other than Bajradry, Maize, Paddy Straw(Palal), Barley, Wheat, Jawi, Swank, Oats and Ajwan, (green and dry) and the seeds.
FRUITS AND VEGETABLES:
All kinds of fruits (fresh and dry), dates fresh, date dry and chohara.
CONDIMENTS:
Chilies, Coriander, Fennel(Saunf), Garlic(green and dry) and other.
TOBACCO:
Tobacco-leaves, tobacco crude.
MEHNDI:
Leaves and Powder.
LIVESTOCK AND POULTRY:
Goats, Sheep and Cow(Milch or graugh), Buffaloes, Camels, and horses.
LIVESTOCK PRODUCTS:
Beef, Mutton, Hides and skin (dry and wet).
MISCELLANEOUS:
Fish (Fresh and Dry).
