State Act

THE ODISHA AGRICULTURAL PRODUCE MARKETS ACT, 1956

27. Power to make rules :– (1) The State Government may, either generally or specially for any market area or market areas, make rule for the purposes of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters : (a) The election and nomination of member of the Market Committee the manner of election, the preparation and revision of lists of voters from time to time and the payment of all expenditure in connection with or incidental to such election. (b) The powers to be exercised and the duties to be performed by the Market Committee and its Chairman; (c) The term of office of the Chairman and Vice-Chairman of the Market Committee; (d) The filling of casual vacancies in the office of the Chairman, Vice-Chairman or Member of the Market Committee; (e) The management of the market, maximum fees which may be levied by the Market Committee in respect of agricultural produce in pursuance of Section 11; (f) The issue of licence to brokers, weighmen, measurers, surveyors, warehousemen 1[* * *] and other persons operating in the market. The form in which, and the conditions subject to which such licence shall be issued or renewed and the fees to be charged therefore and the cancellation of such licence; (g) The procedure, manner and the authority to which appeal shall lie against orders passed by the Market Committee under Sub-section (1) of Section 12; (h) The kind and description of the weights and measures and the weighing and measuring instruments which alone shall be used in transactions in agricultural produce in a market area; (i) The periodical inspection of all weights and measures and weighing and measuring instruments in use in a market area; (j) The manner of control and supervision to be exercised by the Market Committee over Inspectors appointed under Section 15 of the Orissa Weights and Measures Act, VII of 1943; (k) The time within which an appeal shall lie to the State Government or the officer appointed by it in that behalf under Sub-section (2) of Section 13; (l) The trade allowance which may be made or received by any person in any transaction in the agricultural produce in a market; (m) The provision of facilities for the settlement of any dispute between a buyer and seller of agricultural produce or their agents including disputes regarding the quality or weight of the article, the allowance wrapping, containers, dirt or impurities or deductions from any cause; (n) The prohibition of brokers from acting in any particular transaction on behalf of both the buyer and seller of agricultural produce or as a buyer or seller; (o) The provision of accommodation for storing any agricultural produce brought into the market; (p) The preparation of plans and estimates for works proposed to be constructed partly or, wholly at the expense of the Market Committee, and the grant of sanction to such plans and estimates; (q) The form in which the account of a Market Committee shall be kept, the audit and publication of such accounts, the charges, if any, to be made for such audit and the inspection of audit memoranda of the accounts and supply of copies of such memoranda; (r) The preparation and submission for sanction of the annual budget and the report and returns to be furnished by a Market Committee; (s) The investment and disposal of the surplus funds of a Market Committee; (t) The regulation of advances, if any, given to agriculturists by brokers, commission agents or traders; (u) The prevention of adulteration of agricultural produce; (v) The gracing and standardisation of the agricultural produce; (w) The keeping of a list of price of agricultural produce in respect of which the market is established; (x) The manner in which auction of agricultural produce shall be conducted and bids made and accepted in any market; (y) The recovery and disposal of fees leviable by or under the Act ; and (z) The manner of publication of notification under the provision of this Act and all matters relating to such publication; 1[(z-1) Any matter which has to be or may be prescribed under the Act.] (3) Any rules made under this Act may provide that any contravention thereof or of any of the conditions of any licence issued or renewed thereunder shall, on conviction, be punishable with fine which may extend to two hundred rupees. (4) The power to make rules conferred by this section is subject to the conditions of the rules being made after previous publications. (5) All rules made under this section shall be published in the Gazette and shall, unless some later date is appointed come into force on the date of such publication. (6) All rules made under this section shall be laid as soon as possible after they are made before the Orissa Legislative Assembly for a total period of fourteen days, which may comprise in one session of in two or more sessions and shall be subject to such modifications as the said Assembly may make during the said period.