Updated: Tuesday August 02, 2016/AthThulatha
Shawwal 28, 1437/Mangalavara
Sravana 11, 1938, at 02:54:25 PM
The
ORDINANCE CXVIII OF 2002
An Ordinance to provide for regulation of purchase end
sale of agricultural products in the Islamabad Capital Territory
WHEREAS it is expedient to provide for
better regulation of purchase and sale of agricultural products and for that
purpose to establish markets for agricultural products in the
AND WHEREAS the President is satisfied
that circumstances exist which renders it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the
Proclamation of Emergency of the fourteenth day of October, 1999, and the
Provisional Constitution Order No.1 of 1999, read with the Provincial Constitution
(Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in
that behalf, the President of the Islamic Republic of Pakistan is pleased to
make and promulgate the following Ordinance:---
1. Short title, extent and
commencement. - (1) This Ordinance
may be called the Islamabad Capital Territory Agricultural Produce Markets
Ordinance, 2002.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions.--In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a) “agriculture
Produce” means:---
(i) barley
and its atta, sallu, bhusu;
(ii) bujra
(grains) and its atta:
(iii) cotton
unginned (phutti), cotton ginned (lint), cotton waste;
(iv) chillies
(green. dry and ground):
(v) fodders,
viz. senji, lucem, shaftal, berseem, shalgham, guara, chari, bajra, maize,
javi, barley, wheat, jowur (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, chuntnies, sauce, jellies;
(vii) firewood
and tanning bark;
(viii) gram
(whole and split) and its chollia , atta, kera, surri, bura, wandaa.
(ix) jute
(seed and fibre);
(x) jowar
(grains) and its atta;
(xi) 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) and its atta, starch, sugar (glucose),
glutten, meals and wastes;
(xiv) oilseeds;
viz., cotton seed, linseed, sarson, raya, toria, taramira, soyabean, sunflower,
til, groundnut, castor, palm and their oils, oil cakes, hulls, meals feeds,
vegetable ghee;
(xv) pulses
(whole and split), viz., moong, mash, masour, 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 juice;
(xviii) tobacco
leaves, tobacco cured and its snuff or naswur and guraku and
(xix) wheat
and its atta maidu, suji, duliu, starch, chukur, bran, bhusa; any other
commodity that may hereafter be declared by notification to be agricultural
produce for the purposes of this Ordinance;
(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” means the Director of Agriculture Industries and Labour
Welfare,
(d) “Deputy
Commissioner” means the Deputy Commissioner of the district within the
boundaries of which the notified marker area concerned is situated;
(e) “Extra
Assistant Director Agriculture” means the Extra Assistant Director of
Agriculture concerned;
(f) “grower”
means a person who by himself or through tenants or otherwise grows, rears,
produces, manufactures or processes agricultural produce but shall not include
a person, other than a member of a society registered under the Co-operative
Societies Act, 1912 (II of 1912), who works as a dealer or broker either
individually or as a part of a firm of dealers or brokers or is otherwise
engaged in the business or disposal, storage or processing of agricultural
produce;
(g) “Government”
means the Federal Government;
(h) “market”
means a building, block of buildings, enclosure or other area which may be so
notified in accordance with the rules made under this Ordinance;
(i) “market
committee” means a market committee established under section 7 of this
ordinance;
(j) “notified
market area” any area notified under, (k) “prescribed” means prescribed by
rules or bye-laws made Ordinance;
(k) “prescribed”
means prescribed by rules or bye-law made under this Ordinance;
(l) “Secretary
market committee” means the secretary of the market committee concerned;
(m) “trade
allowance” means such allowance as may be prescribed under the rules or may be
specified in the bye-laws of a market committee; and
(n) “warehouseman”
includes a person who stores any agricultural produce not belonging to himself
and charges rent therefore in any form, from the persons at whose instance the
said produce in so stored.
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 and such, notification shall state that all objections or
suggestions, which may be received by the Deputy Commissioner through Extra
Assistant Director of Agriculture within a period to be specified in the
notification will be considered:---
Provided that such period shall not be
less than thirty 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 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 re-include 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 the an other person unless exempted by rules made 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 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 nut 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 license. - 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 license.
6. Application for licence fee to be
paid and cancellation or suspension of licenses.-(1) Any person who wishes to work as a dealer in a
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 6f
such fee riot exceeding one thousand rupees per annum as may be prescribed:---
Provide-&that no fee shall be
charged from a dealer who is a cooperative society registered under the
Co-operative Societies Act, 1925 (Sind Act VII of 1925).
(2) License under this Ordinance shall
not be granted to a person who,---
(a) is a
minor; or
(b) is found
to be of unsound mind by a Court of competent jurisdiction; or
(c) is a
declared insolvent; or
(d) has been
found guilty of criminal misappropriation or criminal breach of trust or
cheating or any other offence involving moral turpitude or an abetment of or
attempt to commit any such offence by a Court of competent jurisdiction,
provided that this disqualification will not operate if a period of three years
has elapsed since the completion of the sentence imposed on any person in
respect of any such offence.
(3) If any person carrying on business
of a dealer in a notified market area on the date of issue of notification
under section 4 fails to apply for a licence within thirty days from the date
of issue of such notification, the market committee may refuse to grant him a
licence unless he deposits late fee as specified below in cash with the market
committee:---
(i)
Up to 3 months |
Rs.1,000.00 |
(ii)
Up to 6 months |
Rs.2,000.00 |
(iii)
Exceeding 6 months |
Rs.3,000.00 |
(4) The market committee may, on being
satisfied that three has been a breach of any of the conditions of a license by
an order in writing cancel or suspend such licence and may also direct that
such licence shall 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 licensee 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 Extra Assistant Director of Agriculture of the
district against such order. The order of the Extra Assistant Director of
Agriculture passed after providing an opportunity of being heard to the
appellant, if confirmed by the Director of Agriculture, 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 (V of 1939) and
the Islamabad Capital Territory Local Government Ordinance, 1979 (VI of 1979)
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.
(3) Subject to such, rules as may be
made by the Government in this behalf, the remaining members shall be elected
from amongst growers, dealers, functionaries under section 10(3) and consumer
that is to say:---
(a) if the
committee is to consist of ten members, there shall be elected;
(i) five
members from growers of the notified market area concerned;
(ii) two
members from persons licensed under section 6 and one member from persons
licensed under section 10 and working as a weigh man, broker or palledar in 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;
(b) if the
committee is to consist of seventeen ,members, there shall be elected,---
(i) nine
members from growers of the notified market area concerned; and
(ii) five
members from persons licensed under section 6 and one member from persons
licenced under section 10 and working as a weighman, broker or pdlledar from
the notified market area concerned; and
(iii) one member amongst the consumers resident in the
notified market area concerned who is not a dealer or grower;
(c) for the election the Electoral college shall be,---
(i) in the
case of grower members, all the elected members of Union Councils in the
notified market area concerned;
(ii) in the
case of dealer members, all the licensees under section 6 of the notified
market area concerned;
(iii) in the
case of member in respect of functionaries mentioned in sub-section (3) of
section 10, all the licensees under section 10 of the notified market area
concerned; and
(iv) in the
case of consumer member elected under clause (i), (ii) and (iii).
(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 the Director Agriculture shall be final:---
Provided that the decision shall not be
made without providing an opportunity of being heard to the person to be
affected thereby.
(5) No 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 elected as a member of the same market
committee.
(6) A person shall be eligible as a
member of a market committee for two consecutive terms, but shall not be
re-elected thereafter unless two consecutive terms have expired before such
re-election.
(7) No act done by a market committee
shall be called in question on the ground merely of the existence of any
vacancy in, or any defect in the constitution of, the market committee.
9. Oath of office: A member, vice -chairman, chairman shall before
taking his scat make and subscribe to an oath in such form as may be
prescribed.
10. Duties of the market committee.- (1) The market committee shall enforce the provisions
of this Ordinance and the rules and bye-law 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, palledara, boriotas,
tolas, tokrewalas 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, Cola.
totrewala and rehriwala shall unless duly authorized by licence carry on his
occupation in a notified marked area in respect of agricultural produce.
11. Period of office of members: Subject to the provisions of section 14, every member
shall hold office for a period of two years, from the date of his making oath
of office and if on the expiry of this period no person is elected to succeed
him, such member shall, unless the Government otherwise directs, continue to
hold office until his successor is elected.
12. Removal of members.- The Government may, at any time by notification, after
providing him an opportunity of being heard remove any member if such member
has in their opinion, been wrongly or improperly elected of has lost the
qualification on the strength of which he was elected or whose continuance as a
member in the opinion of Government is not desirable.
13. 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:---
Provided further a member who is nova
grower shall also not be eligible for election as vice-chairman of a market
committee consisting of seventeen members.
14. Vote of no-confidence. - (1) A chairman or a vice-chairman shall vacate
office if a vote of no-confidence is passed against him in the manner prescribed
by two-third majority of total number of members of the market committee
electing him.
(2) A motion of no-confidence against a
chairman or vice-chairman shall not be moved before the expiry of six months
from the date of his assumption of the office and a second or subsequent motion
shall not be moved except with an interval of six months between the first and
second motion or any two subsequent motions.
(3) A motion of no-confidence shall not
be competent after the expiry of thirty days beyond every interval of six
months provided under sub-section (2) and in such a situation it shall be
deemed to have been moved and rejected for purposes of sub-section (2):---
Provided that a member who is not a
grower shall not be eligible for election as chairman.
15. 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 12, such
vacancy shall be filled in accordance with the provisions of section 8:---
Provided that term of office of the
member so elected shall expire on the same date as the term of office of the
vacating member would have expired had the latter held office or the full
period allowed under section 11 unless there be delay in electing a new member
to succeed the member first mentioned, above in which case it shall expire on
the date on which his successor is elected.
16. Committee to
be a corporate body.- Every market
committee shall be a body corporate by such name as the Government may specify
in the notification establishing and 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 28, be, competent to acquire and hold property both
moveable and immovable and to lease, sell or otherwise transfer any moveable 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:---
Provided further that no market
committee shall be competent to exercise any power with regard to immovable
property without approval or special, or general directions of the Government
or a person authorized by Government in that behalf.
17. Sub-committee and its 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 he prescribed.
18. Appointment and salaries of
officers and servant 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 including seasonal and part-time staff may pay such
persons such salaries and wages as it may think fit and shall have power to
control, remove and punish them.
The market committee may also in such
manner as may be prescribed, grant to its employees such leave, allowances
pensions, gratuities or compassionate allowances as it deems proper; and may
contribute to any provident fiend which may be established for the benefit of
such employees.
(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
(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.
19. Employees to be deemed to be
public servants. - 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 (Act
XLV of 1860).
20. 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 subsection (1) shall be binding on a market
committee.
21. 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 no fee shall be leviable,---
(a) in
respect of any transaction in which delivery of the agricultural produce bought
or sold is not actually made;
(b) on a
person who is not a party to a transaction; and
(c) 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 processing.
22. 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) Every market committee shall, out
of its fund, pay to the Government the cost of any special of 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.
(3) 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.
(4) 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.
23. Purposes for which the fund may
expended. - Subject to the provisions
of section 22 the market committees fund shall be expended for the following
purposes only, namely:---
(a) acquisition
of land for the establishment of market or markets;
(b) maintenance
and improvement of the markets including construction of storages, platforms
small pullies, culverts and roads;
(c) 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;
(d) 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;
(e) 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;
(f) provision
of facilities such as cleaning sets, plants for grading, standardization,
packing and processing of agricultural produce.
(g) construction
of cold storages, warehouses and godowns for the benefit of growers;
(h) “establishment
of feeder markets;
(i) provision
and maintenance of standard weights and measures;
(j) pay,
leave, compassionate and medical allowances, gratuities, pensions, honoraria
and contributions towards leave allowances or provident fund of the persons
employed by market committee;
(k) 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.
(l) expenses
incurred to auditing the account of market committee,
(m) payment
of traveling allowances to the members and employees of market committees and -embers
of the Board of Arbitrators as prescribed
(n) payment
of allowances and honoraria to the Administrator of the superseded market
committee;
(o) contribution
towards the market committees fund subject to rules framed thereunder;
(p) payment
of property tax and house tax;
(q) payment
of other taxes as covered by appropriate Act or Ordinance;
(r) engagement
of a lawyer;
(s) subject
to previous sanction of the Government -
(a) purchase
of load carrying vehicles for bringing agricultural produce of farmers to the
market; and
(b) agricultural
implements and machinery to be distributed amongst growers of the market area;
(t) holding, of agriculture melas, fairs, exhibitions and
shows for agriculture publicity and propaganda amongst farmers for improved production;
(u) advance
of loans on interest to other market committees in the district for carrying
out development projects with the previous sanction of the Government;
(v) training
of members and staff of market committees and members of the Board of Arbitrators;
(w) purchase
or sale of essential agricultural commodities;
(x) any
other purpose that may be declared by notification by the Government for
improvement of agriculture and agricultural marketing, which is calculated to
promote the general interest of the farmer; and
(y) for the
conduct of elections.
24. Levy of surcharge on loss: (1) Every person shall be liable for the loss, waste
or misappropriation of any money or property belonging to a market committee,
if such loss, waste or misappropriation is proved to the satisfaction of the
Deputy Commissioner or any other officer specially empowered in this behalf to
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.
25. 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.
26. Board of Arbitrators: (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 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
authorized by the District Magistrate 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 the 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.
27. Bar oil 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:---
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 cost.
(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.
28. 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 oil 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 impose, 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.
29. Power annual proceedings. - (1) The Government may, by order in writing call for
the record and annul any proceeding of a market committee or its subcommittees
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 person 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:---
Provided that no
action under sub-section (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 authorized by Government
may, by order in writing, suspend within the limits of the notified market”,
the execution of any resolution or order of a market committee or its
sub-committee or prohibit the doing within those limits of 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 older or act is in excess of the powers conferred by law or is
likely to lead to breach of peace or to causes injury annoyance to public or to
any class or body of persons, or is likely to affect adversely the interests of
the market committee of growers or dealers transacting business in agricultural
produce or of any class of functionaries working ill 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.
30. 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 front the date of such publication, be deemed to have ceased to be members
of the market committee; and
(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 up to 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) When the Government have made an
order under sub-section (3) the assets and liabilities defined in Clause (b) of
sub-section (2) 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.
(5) 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 ninety 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.
(6) At the expiry of the term of office
of such authority, a new market committee shall be constituted.
(7) Upon such an order being made the
assets and liabilities vesting in tile authority thereby superseded, shall be
deemed to have been transferred by such order to the new market committee.
(8) 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.
31. Dissolution of the market
committees. - (1) Notwithstanding
anything contained in the Ordinance, where a general election to the National
assembly 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 committee.
(2) On the publication of the notification
under sub-section (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
committee;
(b) all
powers and functions of the market committees shall be exercised and performed
by such officer as the Government may appoint in this behalf as Administrator;
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 6n the date of their dissolution upto the limit of the said assets
till such time new market committees are constituted under section 8.
(3) The market committees dissolved
under sub-section (1) shall be reconstituted as soon as possible after the
constitution of the Federal Cabinet as a result of the said general election.
32. 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
(I of 1894).
33. Encroachments. - (1) If any person makes an encroachment, moveable or
immovable on over or under a road drain, Mara 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:---
Provided that no action 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.
34. Training institute. - (1) The Government may set up a training institute
for the training of members and the staff of market committee dealers,
processors and other market functionaries and for the promotion of research in
agricultural marketing and allied subjects and may by rules provide,---
(a) for the
administration of training institute;
(b) for the
compulsory training of members and staff;
(c) for the
courses to be studied; and
(d) for the
holding of examinations and the award of diplomas and certificates to successful
trainees.
(2) Every market committee shall pay
towards the cost and maintenance of the institution set up under sub-section
(1) such amount as the Government may from time to time determine.
35. 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
36. 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 officer as it
may direct; and
(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.
37. Penalties: - (1) Whoever contravenes the provisions of section 4
shall 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 contraventions the provisions
of sub-section (3) of section 19, shall 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 tile date of first conviction, during which the contravention
is continued.
(3) Whoever contravenes the provisions
of section 21 and 25 shall be punishable with fine which may extend to one
thousand rupees.
38. Power to made rules. - (1) The Government may, either generally or
specially for any notified market area or areas, make rules consistent with
this Ordinance, for carrying out al! or any of the purposes thereof.
(2) In particular and without prejudice
to tile generality of the foregoing power such rules may provide for all or any
of the following matters, namely:---
(a) election
and removal of members of market committees;
(b) power to
be exercised and the duties to be performed by the market committees;
(c) election
of the Chairman and Vice-.Chairman of market committees and their powers and
term of office;
(d) filling
of casual vacancies in the office of members or in the office of Chairman or
Vice Chairman of market committees;
(e) 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;
(f) management
of the market, maximum fee which may levied by market committees in respect of
agricultural produce bought or sold by licensees in the notified market areas;
and the recovery and disposal of such fee;
(g) issuance
by market committees of licenses to brokers, weighmen, measurers, surveyors,
warehouseman, changers, pulledurs, boriotas, tolas tokrawala and rehriwalas the
form in which and the conditions under which, such licenses shall be issued or
renewed and the fee if any to be charged thereof;
(h) 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 a notified market area;
(i) inspection,
verification, regulation, correction and confiscation of scales, weights and
measures in use in a notified market area;
(j) trade
allowances which may be made or received by any person in arty transaction in
agricultural produce in a notified market area;
(k) (i) constitution, powers and functions of Board of
Arbitrators;
(ii) procedure
to be followed by Board of Arbitrators in the disposal of references under this
Ordinance;
(iii) transfer
of matters and cases from one Board of Arbitrators to another and the transfer
of money in such cases;
(iv) representation
in proceedings before Board of Arbitrators of parties who are minors or of
unsound mind or are unable to make an appearance;
(v) regulation
of the scale of costs which may be allowed proceedings before a Board of
Arbitrators;
(vi) prescribing
and determining the amount of the fee payable in respect of any proceedings
before a Board of Arbitration; and
(vii) maintenance,
by Board of Arbitrators, of registers and records of proceedings before such
Board and for the inspection of such registers and records;
(l) prohibition
of brokers from acting in the same transaction on behalf of both the buyer and
the seller of agricultural produce;
(m) provision
of accommodation for storing any agricultural produce brought into the market;
(n) 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;
(o) 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;
(p) management
and regulation of provident fund which may be established by a market committee
for the benefit of its employees;
(q) preparation
and submission for sanction of annual budget reports and returns to be
furnished by a market committee;
(r) investment
and disposal of surplus funds of market committees;
(s) 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;
(t) exemption
of persons or classes of persons from the obligation of obtaining licenses
under section 6;
(u) traveling
expenses that may be paid to the members and employees of market committees;
(v) settlement
of any question as to whether any person is or is not in power;
(w) appointment
of members of market committee;
(x) submission of a panel of growers non-official members
and persons licensed under section 6 and 10;
(y) 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
(z) (i)
conditions of service of the employees of market committees and their grades of
pay;
(ii) schedule
of the staff that may be employed by the market committees;
(iii) rules
to be followed in making appointments to various posts under market committees
and their appointing authorities;
(iii) method
for the holding of inquiries in disciplinary, cases against servants of market
committees, penalties to be imposed and appeals against orders imposing
penalties; and
(iv) matters
relating to transfer, retirement, training pension, gratuities, medical aid,
travelling and other allowances, leave, conduct of servants, terms and
conditions.
(3) The Islamabad Capital Territory
Agricultural Produce Markets Rules, 1940, shall remain operative to the extent
they are consistent with this Ordinance till such time new rules are made under
this Ordinance.
39. Bye-laws. - (1) Subject to this Ordinance and rules made by the
Government under section 38, a market committee may in respect of the notified
market area under its management, make bye-laws for,---
(a) regulation
of business;
(b) conditions
of trading;
(c) delegation
of powers, duties and functions of sub-committees if any, provided by section
17;
(d) remunerations
of different functionaries and 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;
(e) appointment
and punishment of its employees ; and
(f) 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 the
previous publication, in such manner as may be prescribe.
(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 reframing.
(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 market committee and thereupon the bye-laws shall cease to have
effect.
40. Trial of offences:--(1) No offence punishable under this Ordinance or any
rule or bye-laws made thereunder shall be tried by a Court not inferior to that
of Magistrate of the First Class.
(2) Prosecutions under this Ordinance
may be instituted by a person duly authorized by a resolution of the market
committee in this behalf.
(3) All fines recovered 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 trial Court.
41. Authorities and officers. ---Notwithstanding anything contained in this
Ordinance, all authorities and all officers who immediately before the
commencement of this Ordinance were exercising functions of market committees
under 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
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