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Delhi Agricultural Produce Marketing (Regulation) Act, 1998 Complete Act - Bare Act

StateDelhi Government
Year
Act Info:
DELHI AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT, 1998

DELHI

AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT, 1998

7 of 1999
An Act to provide for the better regulation of marketing of agricultural produce and the establishment of markets for agricultural produce in the National Capital Territory of Delhi and for matters connected therewith or incidental thereto. BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the forty-ninth Year of the Republic of India as follows

CHAPTER 1 PRELIMINARY

Section1 Short title, extent and commencement
(i) This Act may be called The Delhi Agricultural Produce Marketing (Regulation) Act, 1998
(ii) It extends to the whole of the National Capital Territory of Delhi
(iii) It shall come into force on such date as the Government may, by notification, appoint

Section2 Definitions
(1) In this Act, unless the context otherwise requires,
(a) "agricultural produce" means all produce and commodities, whether processed or unprocessed, of agricultural, horticulture, apiculture, viticulture, pisciculture, sericulture, animal husbandry, fleeces and skins of animals and forest products as are specified in the Schedule and each other produce as may be declared by the Government by notification to be an agricultural produce and also includes admixture of two or more of such produce;
(b)"agriculturist" means a person residing in Delhi who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenants or servants or hired labour or otherwise, is engaged in the production or growth of agricultural produce, which has not been processed, but does not firm, or industrial concern, or in relation to agricultural produce, except where such trader, commission agent, processor or broker or partner is engaged in the production or growth of agricultural produce;
(c) "Board" means the Delhi Agricultural Marketing Board constitute under Section 5;
(d) "broker" means an agent who, in consideration of a commission, fee or remuneration, contrives, makes and concludes a bargain or contracts on behalf of his principal, for the purchase or sale of agricultural produce, but does not receive, deliver, transport, or pay for the purchase or collect payment for the sale of the notified agricultural produce;
(e) "buyer" means a person, firm, company or cooperative society or Government agency or public undertaking or public agency or corporation, or commission agent, who in the course of his or its business, himself or itself or on behalf of any person or agent buys or agrees to buy notified agricultural produce in the market area;
(f) "Bye-laws" mean Bye-laws made under Section 118
(g) "Commission agent or Arhita" means a person, who by himself or through his servants, in the ordinary course of business, makes or offers to make a purchase or sale of a notified agriculture produce, on behalf of the seller or purchaser of such agricultural produce as the case may be, within the notified market yard such agricultural produce as the case may be, within the notified market yard and or sub-yard or keeps it in his custody and controls it during the process of its sale or purchase and collects payment thereof from the buyer and pays it to the seller and receives by way of remuneration a commission or Arhat or percentage upon the amount involved in each transaction
(h) "Delhi" means the National Capital Territory of Delhi
(i) "Director" means a person appointed by the Government by notification, as the Director of Agricultural Marketing for Delhi;
(j) "Government" means the Lieutenant Governor
(k) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 read with Article 239AA of the Constitution
(l) "local authority" means, in relation to an area with the local limits of
(i)The Municipal Corporation of Delhi, the Corporation
(ii)the New Delhi Municipal Council, that Council
(iii) the Delhi Cantonment Board, that Board
Explanation. It is hereby clarified that, for the purpose of this Act, the Delhi Development Authority constituted under the Delhi Development Act, 1957, and the Board and a Marketing Committee establish under this Act, shall be deemed to be local authority;
(m) "market" means a regulated market established under this Act, for a market area and includes a market of national importance established under Section 26 and a principal market and a subsidiary market established 129 under Section 23
(n)"market area" means area declared to be a market area under Section 4
(o) "market charges" includes charges on account of or in respect of commission, brokerage, weighing, measuring, palledari, loading, unloading, and carrying, cleaning, drying, sieving, stitching, stacking, hiring, gunny bags stamping, begging, storing, warehousing, grading, surveying, transporting and processing;
(p)"Marketing Committee" means a Committee constituted for a market area under this Act
(q) "marketing" means buying or selling of notified agricultural produce and includes grading, packaging, standardisation, processing, storage, cold storage, warehouse, transport, export, channels of distribution and any other function associated with the buying or selling of such agricultural produce and all activities involved in the flow of agricultural produce from production points commencing with the stage of harvest till these reach the consumer at large
(r) "market functionary" means a dealer, broker, commission agent, buyer, palledar, processor, stockiest, cold storage operator, trader, weighman and such other person as may be declared by notification under the Bye-laws to be a market functionary
(s) "marketing service" means Delhi Agricultural Marketing Service constituted under Section 75
(t) "notification" means a notification published in the Official Gazette
(u) "notified agricultural produce" means any agricultural produce notified under Section 4
(v) "Official Gazette" means the Delhi Gazette
(w) "prescribed" means prescribed by Rules made under this Act
(x) "processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, husking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to
(y) "processor" means a person who processes any notified agricultural produce on his own accord or on payment of a charge
(z) "retail sale" in relation to any notified agricultural produce, means the sale of that produce, not exceeding such quantity as the Marketing Committee may, by Bye-laws, determine to be a retail sale in respect thereof
(za) "rules" means Rules made under this Act
(zb) "Schedule" means the Schedule to this Act
(zc) "Secretary" means a Secretary to the Board, Marketing Committee for market of national importance and other Marketing Committee and includes Joint, Deputy and Asstt. Secretary appointed as per provision of this Act and in terms of Service Regulations meant for Delhi Agricultural Marketing Service
(zd) "section" means a Section of this Act; 130
(ze) "seller" means a person who, sells or agrees to sell any notified agricultural produce and includes a person who sells on behalf of any other person as his agent or servant or commission agent
(zf) "surv0eyor" means a person who, on arrival of a consignment of notified agricultural produce for sale in any market area or market, surveys it for ascertaining the quality, refraction, adulteration and other like factors
(zg)"trader" means a person who, in the normal course, carries out the business of buying or selling, storing or processing of any notified agricultural produce as a principal or as a duly authorised agent
(2)If any question aries as to whether a person is or is not an agriculturist for the purpose of this Act, the matter shall be referred to the Director whose decision thereon shall be final.

CHAPTER 2 ESTABLISHMENT OF MARKET AREA

Section3 Notification of intention of regulating marketing of notified agricultural produce in area
(1)The Government may, by notification, published in the Official Gazette, and such other manner as may be prescribed, declare its intention of regulating the marketing of such agricultural produce, and in such area, as may be specified in the notification, in accordance with the provisions of this Act :
Provided that no such area shall be included in the notification except after consultation with the Municipal Corporation of Delhi, New Delhi Municipal Council, Delhi Cantonment Board and the Delhi Development Authority, as the case may be
(2)The notification may also be published in at least two local newspapers published in such languages as the Government may from time to time specify by order in this behalf, or in such notice of persons in that area, the intention aforesaid.
(3)The notification under sub-section(l) shall state that any objections or suggestions which may be received by the Government, within such period not being less than forty five days, to be specified in the notification, shall be considered by it

Section4 Declaration of market area and regulating agricultural produce
(1)On the expiry of the period specified in the notification issued under Section 3, and after considering the objections and suggestion, if any, as may be received before such expiry, and holding whatever considered by the Government to be necessary, an inquiry in the prescribed manner, the Government may, by notification, declare an area to be a market area wherein the marketing of agricultural produce specified in the notification shall be regulated in accordance with the provisions of this Act
(2)A declaration made under sub-section (1) may also be published in at least two newspapers in such languages as the Government may from time to time specify by order, in this behalf or in such other manner as, in the opinion of the Government, is best calculated to bring to the notice of persons in that area the declaration aforesaid.
(3)On a declaration being made under sub-section (1) no local authority shall, notwithstanding anything contained in any other law for the time being in 131 force, establish, or authorise or allow to be established, or continue, or authorise the specified of any declaration.
(4)The Government may, in the manner specified in Section 3, at any time, excluded any area from a market area, or include therein an additional area, or may declare that the regulation of marketing of any notified agricultural produce in any market area shall cease or that marketing of any agricultural produce hitherto not regulated shall be regulated in the market area.

CHAPTER 3 CONSTITUTION AND POWERS OF DELHI AGRICULTURAL MARKETING BOARD

Section5 Establishment and composition of Delhi Agricultural Marketing Board
(1)The Government shall, for the purpose of this Act, establish a Board to be known as "The Delhi Agricultural Marketing Board" consisting of a Chairman, and fifteen members of whom seven shall be officials and eight non-officials, to be nominated by the Government in the following manner, namely,
(a) the official members shall be
(i) the Director who shall be ex-officio Vice-Chairman of the Board;
(ii) two representatives of the Development Department of the Government of whom one shall be from Agriculture wing and the other from co-operative wing;
(iii) one representative from Department of Food Supplies and Consumer Affairs of the Government not below the rank of Deputy Commissioner.
(iv) one representative each from the Delhi Development Authority and the Municipal Corporation of Delhi, who shall belong to planning wing of the respective body;
(v) the Agricultural Marketing Adviser to the Government of India or his nominee;
(b) the non-official member shall be
(i) two agriculturists, being members of the market Committees
(ii) two members representing the ogainisations of agriculturists
(iii) one member to be elected in the prescribed manner fromthe tenders and commission agents licensed under Section 80
(iv) one member representing the co-operative societies which are marketing in agricultural produce; and
(v) two member representing the interests of consumers, of whom one shall be a member of the legislative Assembly of Delhi
(2)The Vice-Chairman shall function as the chief executive officer of the Board

Section6 Incorporation of the Board
The Board shall be a body corporate and a local authority with the name "The Delhi Agricultural Marketing Board" having perpetual succession and a common seal, with power, subject to the provisions of the Act, to acquire, hold and dispose of property, and may by the said name, sue an be sued

Section7 Term of Chairman ViceChairman, official members and non-official members
The Chairman, the vice-Chairman and the official members shall hold office during the pleasure of the Government, Every non-official member shall hold office for a period of five years but shall, on the expiry of the term, be eligible for re-nomination provided that, notwithstanding the expiry of term of office, the non-official member shall continue in office until his successor has been nominated and has assumed office.

Section8 Disqualifications for membership
A person shall be disqualified, for being nominated as and for being, a member of the Board if he
(a)does not ordinarily reside within Delhi;
(b)is below twenty-five years of age;
(c)has been removed from membership of a Marketing Committee under Section 50;
(d)is of unsound mind and stands so declared by a competent Court;
or
(e)is an undischarged insolvent; or
(f)has been convicted by a Criminal Court, whether within or outside Delhi, of any offence which, in the opinion of the Government, involves moral turpitude :
Provided that the disqualification on the ground of conviction by a Criminal Court shall not apply after the expiry of five years from the date of his release

Section9 Chairman to preside
(1) The Chairman, and in his absence, the vice-Chairman shall preside over the meetings of the Board
(2) All questions, which come up before a meeting of the Board, shall be decided by a majority of the votes cast by the members present and voting. In the case of equality of votes, the chairman or in his absence, the Vice-Chairman when presiding over the meeting, may exercise a casting vote

Section10 Quorum at Board's meetings
Five members shall constitute the quorum shall at a meeting of the Board : Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary for transacting the same business in the next meeting to be held in accordance with the rules.

Section11 Resignation of Chairman an members
(1)The Chairman of the Board may, by writing under his hand addressed to the Government and delivered to the Director, resign his office
(2)A member may, by writing under his hand, addressed to the Government and delivered to the Chairman of the Board, resign his office
(3)A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is accepted by the Government

Section12 Pay, allowance and benefits to the Chairman and Vice Chairman of the Board
(1)The Chairman and Vice-Chairman of the Board shall be entitled to receive such pay and or allowances and other benefits as may be determined by Rules made in this behalf. If non-official is appointed as Chairman of the Board, his remuneration and other benefits shall be such as may be determined by the Government
(2)The members of the Board shall be entitled to receive such allowances and other benefits for attending the meetings of the Board or for attending any other work, assigned to them by the Board, as may determined by Rules made in this behalf

Section13 Removal o non-official members
The Government may remove from office any non-official member of the Board who has become subject to any of the disqualifications specified in Section 8 or who, in its opinion, is remiss in the discharge of his duties or has ceased to represent the interests to which he was nominated :
Provided that no such member shall be removed from office except after being given a reasonable opportunity of showing cause against the action proposed.

Section14 Filling up of causal vacancies
A vacancy occurring otherwise than by efflux of time in respect of non-official members of the Board shall be filled up, as soon as may be, by fresh nomination by the Government. The person so nominated shall hold office for the unexpired term of the member concerned.

Section15 Approval of budget estimates of the Board
(1)Subject to the Rules made under this Act, the estimates of the annual income and expenditure of the Board in the prescribed from for ensuing year shall be prepared and passed by the Board and submitted every year, not later than the prescribed date, to the Government for its approval
(2)The Government may approve the budget of the Board as it is or with such alterations or modifications as it may think fit and the budget so approved by the Government shall be the budget of the Board for the year
(3)The budget, as approved by the Government, shall be returned to the Board within two months, from the date of the receipt thereof and if it is not so returned with in two munths, it shall be presumed that the budget, as presented by the Board, has been duly approved by the Government.

Section16 Vacancies not to invalidate Board's action
No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the constitution thereof.

Section17 Powers and function of the Board
(1)The Board shall exercise superintendence and control over the Marketing Committees.
(2)The Government or the Chairman or the Vice-Chairman of the Board or any other official of the Board authorised in this behalf by the Board may call for from any Marketing Committee or any trader, godown keeper or any other functionary operating within the Market area any information or relating to agricultural produce and shall have and the power to inspect the records and accounts of such Marketing Committee, trader, godown-keeper or other functionary and shall also have power to seize or take into possession against proper receipt the records, and accounts books, stocks of notified agricultural produce along with its containers and carriers.
(3)It may authorise officer/officers of the Board and/or Marketing Committees to inspect work undertaken by the Marketing Committees and Board and to take corrective measures.
(4)Subject to the provisions of this Act and the Rules and Regulations made thereunder, the Board may employ such persons for the performance of its functions as it may consider necessary and the method of recruitment, the scale of pay and other conditions of service of such persons shall be such as may be provided in the Regulations made by the Board in this behalf.
(5)The Board shall, subject to the provisions of this Act, perform the following functions and shall have the power to do such things as may be necessary or expedient for carrying out these functions, namely,
(i) coordination of the working of the Marketing Committees and other affairs thereof including programmes undertaken by such Marketing Committees for the maintenance of markets, sub-markets, check posts and other sites in the market areas;
(ii) undertake the planning and development of markets for agricultural produce;
(iii) administer the Marketing Development Fund;
(iv) issue direction to Marketing Committees in general or to one or more Marketing Committees in particular with a view to ensuring improvement thereof;
(v) any other function specially entrusted to it by this Act;
(vi)such other functions of like nature as may be entrusted to the Board by the Government
(6)When prejudice to the generality of the foregoing provision, such functions of the Board shall include
(a)to consider proposals for selection of new site(s) for establishment of the markets and to make recommendations to the Director for establishing principal market and sub-markets as per provisions of sub-section(2) of Section 22;
(b)to approve proposal for providing infrastructural facilities in the market and market area;
(c)to construct a market or to approve plans, designs and estimates for constructing market;
(d)to Sanction, supervise and guide a Marketing Committee in the preparation of plans and estimates for maintenance and improvement works undertaken by the Marketing Committee.
(e)to execute all works all work chargeable to the Market Development Fund;
(f)to encourage marketing of the agricultural produce on co-operative basis;
(g)to maintain accounts in such forms as may be prescribed and get the same audited in such manner as may be prescribed;
(h)to publish annually at the close of the financial year, its progress report, balance sheet and statement of assets and liabilities and send copies thereof to all the members of the Board and a copy to the Government;
(i) to make necessary arrangements for dissemination of information on matters relating to regulated marketing of notified agricultural produce;
(j) to provide facilities for the training of officers and members of the staff of the Board as also the Marketing Committees;
(k)to prepare and adopt is budget for the ensuing year;
(m)to grant subventions or loans to the Marketing Committees for the purposes of this Act on such terms and conditions as the Board may determine;
(n)to arrange or organise seminars or workshops or exhibitions, etc., on subjects related to agricultural marketing;
(o)to perform such other functions as may be of general interest to the Marketing Committees or considered necessary for efficient functioning of the Board or the Marketing Committees.
(p)to transfer or to provide marketing technology and market assistance to the Marketing Committees as and when required.

Section18 Functions and powers of the Vice-Chairman
The Vice-Chairman of the Board shall
(1) discharge all functions as chief executive officer of the Board and make appointments and exercise supervision and control over the officers and members of the staff of the Board and the Marketing Service in matter including those of executive or administrative in nature as laid down in service Regulations;
(ii) ensure maintenance of accounts and records;
(iii) dispose of all questions relating to the service of the employee as per the procedure laid down in the Regulations;
(iv) appoint officers and members of the staff of the Board and Marketing Service as per procedure laid down in the Regulations;
(v) incur expenditure from the Market Development Fund on works and other items as per powers delegated to him by the Board;
(vi) in case of emergency, direct the execution or stoppage of any work and perform any function which requires the sanctions of the Board;
(vii) prepare the annual budget of the Board;
(viii) arrange internal audit of the Board;
(ix) discharge any other duties which may be assigned to him by the Board from time to time;
(x) take steps for executions of the decisions of the Board;
(xi) inspect works undertaken by the Marketing Committees or of the corrective measures;
(xii) report to the Government such acts of the Marketing Committees or of the Board which are contrary to the provisions of this Act or the Rules, Regulations or Buy-laws made thereunder;
(xiii) take such steps as may be deemed necessary for effective discharge of the function of the Board

Section19 Functions of the Secretary of the Board
Secretary of the Board shall
(i)arrange meetings of the Board;
(ii) maintain record of the proceeding of the meetings of the Board in the prescribed manner;
(iii) Discharge other function as may be assigned to him by Vice-Chairman of Board from time to time.

Section20 Delegation
The Board may, with the previous approval of Govt. and by notification, delegate any of its powers other then the power to make Regulations, not inconsistent with the provisions of the Act and Rules made thereunder, to its Vice-Chairman and other officers.

Section21 Powers to make Regulations for administering the affairs of the Board
(1) The Board may, with the previous approval of the Government, make Regulations, not inconsistent with this Act and the Rules made thereunder, for the administration of the affairs of the Board.
(2) In particular and without prejudice to the generality of the foregoing power, such Regulations may provide for all or any of the following matters
(i) the summoning and holding of meetings of the Board, the time and date when such meetings are to be held, the conduct of business at such meetings;
(ii) the powers and duties of the officers and other employees of the Board and the Marketing Committees;
(iii) the salaries and allowances, loans, and advances, and other conditions of service of officers and other employees of the Board and of the Marketing Committee;
(iv) the recruitment, qualification, appointment, promotion, scale of pay, leave, leave allowance, acting allowance, loans, pension, gratuity, annuity, compassionate fund, provident fund, pension fund, suspension, dismissal, removal, conduct, departmental punishment, appeals and other conditions of service of the members of the Marketing Service and other staff;
(v) the management of the property of the Marketing Committee and the Board;
(vi) the execution of contracts and assurance of property on behalf of the Board;
(vii) the maintenance of accounts and preparation of balance sheet of the Board;
(viii) the procedure for carrying out the functions of the Board under this Act;
(ix) any other matter for which provision is to be or may be made in the Regulations;

Section22 Dissolution
The Government shall exercise superintendence and control over the Board and may call for such information as it may deem necessary and in the event of its being satisfied that the board is not functioning properly or is persistently making default in the performance of the duties imposed on it by or under this Act or is exceeding or abusing its powers or is guilty of corruption or mismanagement, the Government may by an Order published, together with a statement of reasons thereof, in the Official Gazette, dissolve the Board till such time as a new Board is constituted, and make such arrangement for the exercise of the function of the Board as it may think fit; Provided that no order of dissolution as aforesaid shall be made except after giving the Board a reasonable opportunity of showing cause against the action proposed :
Provide further that a new Board shall be constituted within a period of six months from the date on which the Board is dissolved.

CHAPTER 4 ESTABLISHMENT OF MARKETS AND ACQUISITION OF LAND

Section23 Establishment of market
(1)For every market area, there shall be established one principal market, and there may also be established one or more subsidiary markets, considered necessary, for the marketing of notified agricultural produce.
(2) The Director shall, as soon as possible after a declaration is made under sub-section (1) of Section 4, by notification, establish any place (including any structure, enclosure, open space or locality) in any market area to be the principal market for the marketing of the agricultural produce specified in such notification and may, by the same or other notification, establish in any such place in any market area one or more subsidiary markets for the marketing of such agricultural produce.

Section24 Acquisition of land for markets
(1)When any land within the market area is required for the purpose of this Act and the Board is unable to acquire the same by agreement, the Lieutenant Governor, may at the request of the Board, proceed to acquire such land under the provisions of the land Acquisition Act, 1894 (1 of 1894) and on payment, of the compensation awarded under that Act, by the Board and any other charges incurred by the Lieutenant Governor, in connection with such acquisition, the land shall vest in the Board or the Market Committee as the case may be :
Provided that once a proposal has been made by the Board, it shall not be withdrawn by it except for reason which may be recorded by it and approved, by the Lieutenant Governor.
(2) The Board shall not, without the previous sanction of the Lieutenant Governor, transfer any land which has been acquired for the Board or Marketing Committee under sub-section (1) or vest in it or use such land for a purpose other than the purpose for which it has been acquired, or is used as the case may be.

CHAPTER 5 MARKETS OF NATIONAL IMPORTANCE

Section25 Definitions
In this chapter unless the context otherwise requires
(a)the expression "market" means "market of national importance"
(b)the expression "Marketing Committee" means the Marketing Committee of a market of national importance"

Section26 Establishment of Markets of National Importance and Marketing Committee thereof
(1)Notwithstanding anything contained in this Act, where the Government is satisfied that on account of the national importance of marketing of any commodity, in any area, it is expedient to ensure the efficient regulation of the marketing of such commodity in such area, it may establish
(a)in such area, special markets, known as "Markets of National Importance" for such commodities;
(b)independent Marketing Committees Known as "Marketing Committees of Markets of National Importance" in relation to such markets, notwithstanding that such area falls within the local limits of the jurisdiction of any other Marketing Committee or Committees already functioning in that area.
(2) The Government may, after consideration of such aspects as, the turn-over, upstream catchment area, downstream servicing (number of consumers served), and price leadership (whether the market influences the price at the national level), declare an area as a special market area known as "Market area of the market of National Importance" : Provided that no such market shall be established
(a) if it handles less than one lakh tonnes of produce per year;
(b) if, out of the total produce handled by it, less than thirty percent thereof is received from two or more States or Union Territories
(c) if the market does not influence the price of the commodity referred to in sub-section (1) at the national level.

Section27 Composition of the Marketing Committee for Market of National Importance
Every Marketing Committee constituted under sub-section
(1)Section 26 shall consist of the following members
(a) three members to be nominated by the Government from amongst the agriculturists residing in Delhi;
(b) three members to be elected in the prescribed manners from amongst the traders and commission agent holding licence in any Marketing Committee in Delhi :
Provided that at least two members will be from amongst those traders and Commission agent who hold a licence from the Marketing Committee constituted under sub-section (1) of Section 26;
(c) one representative of the Board to be nominated by the Government;
(d) the Director or his nominee (ex-qfficio member);
(e) three representatives of other States and union territories to be nominated by the Government, in consultation with the State Government or the Administrator of the Union Territory as, the case may be : Provided that the representatives shall be the agriculturists of those areas from which the commodity referred to in sub-section (1) of Section 26 is received;
(f) the Secretary of the Marketing Committee (as ex-officio Member-Secretary);
(g) one representative of the Agricultural Marketing Adviser to the Government of India

Section28 Chairman and Vice-Chairman of the Marketing Committee
The Marketing Committee shall have a Chairman and Vice-Chairman to be nominated by the Government from amongst its members.

Section29 Term of members
The members shall hold office for a term of five years. However, the member being nominated as Chairman and Vice-Chairman, they shall function as such, during the pleasure of the Government.

Section30 Meetings of the Marketing Committee
The Marketing Committee constituted under sub-section (1) of Section 26 shall meet al least once in every two calendar months.

Section31 Executive Committee and its composition of the Markets of National Importance
(1) There shall be an executive Committee of the market.
(2) The composition of the executive Committee referred to in sub-section (1) shall be
(i) the Chairman of the Marketing Committee;
(ii) two representatives, to be nominated by the Government, of whom one shall be holding a trading licence in the market and other shall be a representative of the agriculturists;
(iii) one representative of the Board to be nominated by the Government;
(iv) the Director or his nominee;
(v) one representative of a State or Union Territory from which agricultural produce is imported in Delhi, to be nominated by the Government in consultation with the State Government or the Administrator of the Union Territory, as the case may be;
(vi) the Secretary of the Marketing Committee constituted under Section 27 who shall act as the Member-Secretary of the Commi.ttee
(3) In the case of emergency, the executive Committee may decide issues requiring approval of the Marketing Committee. However, such decisions shall be approved by the Marketing Committee within forty-five days, from the date such decisions are taken. Failure in doing so or in the event of disapproval of such decisions by the Marketing Committee, such decisions shall stand null and void, so however, that any such disapproval shall be without prejudice to the validity of anything previously done under that decision :
Provided that if the Marketing Committee makes any modifications in such decision, the decision shall have effect only in such modified from from the date of such modification.

Section32 Meetings of Executive Committee
The Executive Committee shall meet as often as necessary but at least in a calendar month.

Section33 Term of office members of the Executive Committee
The members of the Executive Committee shall hold the office during the pleasure of the Government.

Section34 Appointment and function of Secretary of the of the Marketing Committee.
(1) The Secretary of the Marketing Committee shall be appointed by the Government from amongst Union Territory Civil Service officers at least with ten years of service.
(2) Subject to the superintendence, control and supervision of the executive Committee refereed to in Section 31, the secretary shall
(i) exercise supervision and control over the officers and members of the staff of the Marketing Committee in matters of administration;
(ii) incur expenditure from the funds of the Marketing Committee for items of work which have been duly sanctioned :
(iii) in case of emergency, direct the execution or stoppage of any work or performance of any act which requires the sanction of the Board or the Marketing Committee;
(iv) launch prosecution for violation of provision of this Act, Rules, Regulation or Bye-laws made thereof;
(v) issue licences to the functionaries operating in the market;
(vi) prepare the annual budget of the Marketing Committee;
(vii) summon the mating of the Marketing Committee and the executive Committee and maintenance of records of the proceedings of such meetings;
(viii) inspect, from time to time improvement and maintenance works undertaken by the Marketing Committee and send report of such inspection to the Chairman of the Marketing Committee;
(ix) report such acts of the Marketing Committee or members of the Marketing Committee including the Chairman and the Vice-Chairmen which are contrary to the provisions of this Act, Rules, Regulation and Bye-laws farmed thereunder to the Vice-Chairman of the Board who shall further report to the Government;
(x) take such steps as may be deemed necessary for effective discharge of the function and decisions of the Market Committee.

CHAPTER 6 CONSTITUTION OF THE MARKETING COMMITTEE

Section35 Constitution of the Marketing Committee
(1) Without prejudice to the provisions of Section 26. there shall be constituted, by order to be published in the Official Gazette, by the Government for every market area a Marketinmg Committee and different Marketing Committees may be constituted for regulating the Marketing of different kinds of notified agricultural produce marketed in the same market area or any part thereof.
(2) Every Marketing Committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act

Section36 Composition of the Marketing Committee
(1)Subject to the provisions of sub-section
(2)the Government may constitute a Marketing Committee consisting of the following eleven members
(a) three persons to be nominated by the Government who are agriculturists possessing such qualifications as may be prescribed :
Provided that one of them shall be a member of the schedule castes or other backward classes;
(b) two members to be elected in the prescribed manner from the traders and commission agents holding licences to operate as such in the market area;
(c) one member to be nominated by the Government from amongst the President or Chairman of the co-operative societies engaged in the business of processing or marketing of the notified agriculture produce in the market area;
(d) one member to be chosen in the prescribed manner from local authority within the local limits whose jurisdiction the principal market in relation to that Marketing Committee is situated :
Provided that a person to whom a licence has been granted under Section 80 shall not be eligible for being chosen under this clause;
(e) one member to be elected in the prescribed manner by the licensed weighmen and measurers;
(f) one member of the Legislative Assembly of Delhi to be nominated by the speaker to represent the interest of consumer;
(g) two members to be nominated by the Government of whom one shall represent the interests of consumers.
(2) When a Marketing Committee is constituted for the first time, under this Act all the members thereof, including the Chairman and the Vice-Chairmen, shall be nominated by the Government.
(3) Every Marketing Committee shall have a chairman and a Vice-Chairman.
(4) Without prejudice to the provisions of sub-section (2) the Chairman and the Vice-Chairman shall be elected by the members of the Marketing Committee

Section37 Incorporation of the Marketing Committee
Every Marketing Committee including a Marketing Committee for market (s) of National Importance shall be a body corporate and a local authority and to be called by such name as the Government may, by notification, specify, shall have perpetual succession and a common seal, with power, subject to such restrictions as are imposed by or under this Act, to contract and to acquire, hold and dispose of property, both movable and immovable, and may by the said name sue or be sued.

Section38 Manner of election of members of the Marketing Committee
The manner of election, preparation and maintenance of the lists of voters, qualifications and disqualifications for membership and of Chairman and Vice-Chairman, the right to Vote, making deposit and its forfeiture, determination of election disputes, publication of the names of the members elected, and or matters ancillary thereto shall be such as may be prescribed.

Section39 Failure to elect members
If, for any reason, voters of a category fail to elect a member to a Marketing Committee the Director shall publish a notice in the Official Gazette requiring them to elect the requisite number of members within one months from the date of publication of such notice; and on failure to elect the requisite number of members within the aforesaid period, the Government -may nominate the requisite number of members within the aforesaid period, the Government may nominate the requisite number of persons qualified to be elected under this Act, representing that category

Section40 Publication of names of member of a Marketing Committee
The names of the members of a Marketing Committee shall, as soon as possible, be published in the Official Gazette. Upon the publication of the names of all the members of a Marketing Committee or upon the Publication of the names of at least nine members of such Committee in the Official Gazette, the Marketing Committee shall be deemed to have been duly constituted.

Section41 Duration of the Marketing Committee
Except as otherwise provided in this Act, a Marketing Committee shall continue for three years from the date of its constitution under Section 40 :
Provided that the Government may, by notification, published in the Official Gazette, extend its duration for such period as it may be deemed fit but not exceeding one year in the aggregate.

Section42 Creation of Election fund
(1) The superintendence, direction and control of the preparation of the list of voters, and conduct of elections to a Marketing Committee and the Board shall vest in the Director
(2) All expenses in connection with the preparation of the list of voters and the conduct of election to a Marketing Committee, and the Board, as may be sanctioned by Director, shall be defrayed from the Election Fund of Market Fund and Market Development Fund. For this purpose, the Marketing Committee and the Board shall place at the disposal of the Director such Funds in advance which he considers necessary for the discharge of the functions conferred on him by sub-section (1)

Section43 Election of Chairman and Vice-Chairman and procedure for election
(1) Within thirty days of the publication of the names under Section 40, the first meeting of the Marketing Committee shall be convened by the Director for the election of the Chairman and Vice-Chairman.
(2) Such a meeting shall be presided over by the Director or any person authorised by him in his behalf.
(3) The presiding authority shall have the same powers as the Chairman, while presiding over a meeting of the Marketing Committee, but shall not have the right of vote.
(4) If, at the election of the Chairman or of the Vice-Chairman, there is an equality of votes, the results of the election shall be decided by lot to be drawn in the presence of the person presiding over the meeting and in such manner as he may determine.
(5) In the event of a dispute arising as to the validity of election of the Chairman or the Vice-Chairman, the Director if he is the presiding officer, shall decide the dispute himself, and in any other case, the person presiding shall refer the dispute to the Director for decision and the decision of the Director, subject to an appeal to the Government shall be final, and no suit or other proceeding shall lie in any Court in respect of any such decision.
(6) If the first meeting referred to in sub-section (1) cannot, for any reason, be held within the said period of thirty days, the Director shall report the fact to the Government stating the reasons for the failure to hold the meeting and shall act according to the directions of Government issued in that behalf.

Section44 Term of office of Chairman and Vice-Chairman
The Chairman and Vice-Chairman shall notwithstanding the expiry of their term of office, continue to hold office until" their respective successors enter upon their offices.
Provided that the Chairman, or the Vice-Chairman as the case may be shall vacate his office if he ceases to be a member of the Marketing Committee

Section45 Resignation of Chairman and Vice-Chairman
(1) The Chairman of the Marketing Committee may resign his office by writing under his hand, addressed to the Director; and resignation shall take effect from the date on which it is accepted by the Director.
(2) The Vice-Chairman of the Marketing Committee may resign his office by writing under his hand, addressed to the Chairman; and the resignation shall take effect from the date on which it is accepted by the Chairman :
Provided that the resignation from the office of the Chairman or the Vice-Chairman, as the case may be, shall not be deemed to be resignation from membership of the Marketing Committee.

Section46 Consequences of absence of Chairman without leave
Subject to the Rules made in this behalf, the Chairman of a Marketing Committee, who absents, himself from three consecutive meetings of the Committee, without leave of the Director, shall cease to be the Chairman on and from the date on which the third such meeting is held

Section47 Causal vacancy of officers of Chairman and Vice-Chairman
(1) In the event of a causal vacancy in the office of the Chairman or the Vice-Chairman, the vacancy shall be filled as soon as possible
(a) by nomination, in the case of a Marketing Committee constituted for the first time; and
(b) in any other case in the manner provided in Section 43
(2) Every Chairman or Vice-Chairman nominated or elected, under this Section, to fill a casual vacancy shall hold office for such period as the Chairman or the Vice-Chairman in whose place he is nominated or elected would have held such office if the vacancy had not occurred

Section48 Refusal to hand over charge to new Chairman or Vice-Chairman
(1) On nomination or election of the Chairman or Vice-Chairman as the case may be, the outgoing Chairman or Vice-Chairman shall forthwith hand over charge of his office to the successor-in-office
(2) If the outgoing Chairman or Vice-Chairman fails or refuses to hand over the charge of his office, under sub-section (1), the Director or any person authorised by him in this behalf may, by order in writing direct the outgoing Chairman or Vice-Chairman, as the case to be, forthwith to hand over the charge of his office together with all records, funds and property of the Marketing Committee, if any, in his possession as such Chairman or Vice-Chairman
(3) If the outgoing Chairman or vice-Chairman to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any other person authorised by him in this behalf shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) while executing a decree

Section49 Resignation of members and nomination in certain circumstances
(1)A member of a Marketing Committee may resign his office by writing under his hands, addressed to the Chairman. The resignation shall take effect from the date on which it is accepted by the Chairman.
(2) If at any time it appears to the Government that any Marketing Committee, by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, the Government may, by notification, nominate persons from the respective category of members to fill the vacancies of the members who have resigned and the persons so nominated shall hold office of the remainder of the term of the Marketing Committee

Section50 Removal of members on accounts on account of misconduct
The Government, may on a resolution passed by the Marketing Committee, supported by not less than seven members of that Committee, remove any member if he has been held guilty of neglect or misconduct in the discharge of his duties or of any, disgraceful conduct or has become incapable of performing his duties as a member or has been adjudged insolvent :
Provided that no such member shall be removed from office unless he has been given a reasonable opportunity of being heard by the Government

Section51 Casual vacancies
The Chairman of a Marketing Committee shall forthwith communicate the occurrence of a causal vacancy to the Director and the vacancy shall be filled, as soon as possible, from the respective category of members in the prescribed manner who shall hold office for the remainder of the term of the Marketing Committee :
Provided that where the remainder of the period for which the Marketing Committee would have continued is less than six months, it shall not be necessary to fill the vacancy for that period, unless the Government directs otherwise

Section52 Members to act during vacancy, acts of Marketing Committee not to be invalidated by infirmities
A Marketing Committee shall have the power to Act, notwithstanding any vacancy in the membership, or any defect in the constitution thereof, and the proceedings of a Marketing Committee shall be valid notwithstanding that some person, who was not entitled to be a member, had attended, voted or otherwise taken part in the proceedings of any such Committee

Section54 Payment of allowances to members
The Chairman, Vice-Chairman, and other members of the Marketing Committee shall be paid from the Marketing Committee's Fund such honorarium, sitting fees, traveling, allowances and other allowances as may be prescribed

CHAPTER 7 MARKETING COMMITTEES POWERS AND DUTIES

Section55 Powers and duties of the Marketing Committees
(1) Subject to the provisions of this Act, it shall be the duty of a Marketing Committee
(i) to implement the provisions of this Act and Rules, Regulations and Bye-laws made thereunder for the market area;
(ii) to provide such facilities for marketing of notified agricultural produce therein as the Board may, from time to time, direct;
(ii) to perform other functions as may be required in relation to the superintendence, direction and control of markets, or for regulating and control of markets, or for regulating the market area and for purpose connected with the matters aforesaid, and, for this purpose, may exercise such powers and perform such duties and discharge such functions as may be provided by or under this Act.
(2) Without prejudice to the generality of the foregoing provisions, a Marketing Committee may
(a) regulate the entry of the persons and of vehicular traffic into the market
(b) supervise the conduct of those who enter the market for transacting business;
(c) grant, renew, refuse suspend or cancel licences;
(d) provide for settling disputes arising out of any kind of transaction connected with the marketing of notified agricultural produce and all matters ancillary thereto;
(e) prosecute persons for violating the provisions of this Act and to the Rules, Regulations and Bye-laws made thereunder;
(f) maintain and merge the market, including the regulation of admissions to, and conditions for use of, the market;
(g) regulate the marketing of notified agricultural produce in the market area and the market, and the weighment, delivery of and payment for, such agricultural produce;
Explanation. For the purpose of clause (g), the word 'regulate' shall include
(i) making, carrying out, enforcing or cancelling of any contract of sale of a notified agricultural produce;
(ii) conducting or supervising of a transaction of sale or purchase of a notified agricultural produce in accordance with the procedure laid down under this Act, or Rules, Regulations and Bye-laws made thereunder;
(iii) specifying any place or spot where a notified agricultural produce shall be stored or displayed for purpose of sale by open auction;
(iv) fixing the time for holing auction; and
(v) cancelling an auction if it is not held in the presence of the employees of the Marketing Committee,
(h) arrange for the collection
(i) of such notified agricultural produce in the market in which all trade therein is to be carried on exclusively by the Government by or under any law for the time being in force for that purpose, or
(ii) of such other notified agricultural produce in the market as the Government may, from time to time notify in the Official Gazette.
(i) acquire, hold and dispose of any movable or immovable property (including any equipment) necessary for the purpose of efficiently carrying out its duties;
(j) collect, maintain, disseminate and supply information in respect of production, sale, storage, processing, prices and movements of notified agricultural produce (including information relating to crop-statistics and market intelligence) as may be required by the Director or the Board;
(k) take all such steps to prevent adulteration and to promote grading and standardisation of such agricultural produce, as may be prescribed;
(l) enforce the provisions of this Act an of the Rules, Regulations and Bye-laws made thereunder including the conditions of the licences granted, under this Act;
(m) perform such other duties as may be prescribed;
(n) arrange to obtain fitness certificate of health from a veterinary doctor in respect of animals, cattle or birds brought for sale and sold in the market/sub-market;
(o) disseminate information about the benefits of regulation, the system of transaction, facilities provided in the market yard, etc.., through such means as posters, pamphlets, hoarding, cinema slides, film shows, group meetings, etc., or through any other means considered by it more effective or necessary
(p) ensure payment in respect of a transaction which takes place in a market to be made on the same day to the seller, and in default thereof to size the agricultural produce in question along with other property of the commission agent or purchaser if no commission agent is involved in the transaction.
(q) make arrangement for weighmen palledars for weighing and transporting of goods in respect of transporting of goods in respect of transactions held in the market yard/sub-yard;
(r) recover the charges in respect of weighmen and palledars and distribute the same to weighmen an palledars if not paid by the purchaser or seller, as the case may be.

Section56 Inspection of accounts etc., by officers of a Marketing Committee
All accounts and other registers maintained by any person in the ordinary course of his business in respect of any notified agricultural produce and all documents relating to sale and deliveries of such agricultural produces in his possession and in his office, establishment, godown, vessel or vehicle shall be open to inspection at all reasonable time by such officers and servants of the Marketing Committee as may be authorised in this behalf by it in writing

Section57 Seizure of accounts books, etc., an conducting of search thereof
(1) If any officer or servant referred to in Section 56 of the Marketing Committee has reason to suspect that any person has evaded/is attempting to evade the payment of any market fee or any other charges due from him under this Act, or the Rules or Regulation or the Bye-laws made thereunder, or that any person has purchased any notified agricultural produce in contravention of any of the provisions of this Act, or Rules or regulation or the Bye-laws made thereunder in force in the market yard-area, he may for reason to be recorded in writing, seize such accounts, registers or documents, stock of notified agricultural produce with containers and carriers of such person as may be necessary and shall issue a receipt for the same. He shall retain them so long as may be necessary for prosecution, and no longer.
(2) For purpose of Section 56 or sub-section (1), the officer or servant may enter and search any place of business warehouse, office, establishment, godown, vessel or vehicle where such officer or servant has reason to believe that such person maintains or for the time being keeps or maintains any accounts register or documents of his business or keeps stock of notified agricultural produce relating to his business.
(3) The provisions of sub-sections (4) to (8) of Section 180 of the Code of Criminal Procedure 1973 (2 of 1974) shall, so far as may be, apply to search under sub-section (2)

Section58 Examination of contents of vehicles etc., and their seizure
(1)At any time when so required by any officer or servant of a Market Committee empowered by it in this behalf, whenever any vehicle, vessel or other conveyance, enters or leaves or proposes to enter or leave the market area or the market, the driver of the vehicle, vessel or other conveyance shall stop the vehicle, vessel or other conveyance, as the case may be, and keep it stationary as long as may be reasonable necessary and allow such officer or servant to examine the contents of the vehicle, vessel or other conveyance, the place of destination and full particulars of the consignee of goods or the name and address of the traders or commission agent.
(2) The officer or servant of the Marketing Committee empowered under sub-section (l)shall have power to size any notified agricultural produce taken or proposed to be taken out of the market area in any vehicle, vessel or other conveyance, if such or servant has reason to believe that any fee other amount due under this Act, in respect of such produce has not been paid. Such seizure shall be reported forthwith by the officer or servant aforesaid to a Magistrate having jurisdiction to try the offence under this Act, and the provisions of Sections 457, 458 and 459 of the Code or Criminal procedure, 1973 (2 of 1974) shall, so far as may be, apply to relation to the notified agricultural produce seized as aforesaid as they apply to relation to the property seized by a police officer

Section59 Removal of encroachment
Any officer or servant of the Marketing Committee or the Board duly empowered by the Chairman of the Market Committee or Vice-Chairman of Board as the case may be in this behalf shall have power to remove summarily any encroachment in any space in the market yard and sub-yard and the expenses of such removal shall be paid by the person who has caused the said encroachment and shall be recovered in the same manner as arrears of land revenue.
Explanation. For the purpose of this Section; encroachment shall also include storing or exposing for sale any kind of agricultural produce at a place in the market yard and sub-yard the use of which is prohibited by the Marketing Committee for purpose of marketing

Section60 Appointment of sub-committees delegation of powers
A Marketing Committee may constitute one or more sub-committees consisting of such members of the Committee as it may think fit and may, subject to such restrictions and conditions as may be specified in the Regulations, delegate to such sub-committee such of its powers or duties as it may think fit :
Provided that a sub-committee may, with the approval of the Board or of the officer authorised by the Board in this behalf, co-opt any person who is not member of the Marketing Committee

Section61 Power of the Marketing Committee to open collection centres for marketing of specified produce and provisions for receipt and payment by purchaser
(1) A Marketing Committee duly authorised by the Director by notification published in the Official Gazette, for the purpose, may, by an order published in the Official Gazette and in such other manner as it deems fit, for the information of the public, open collection centres for collecting thereat the produce specified in such order (hereinafter referred to as the specified produce).
(2) If a person wishes to sell any specified produce in a market area, he shall tender all such produce at the collection centre only established for the purpose under sub-section (1) :
Provided that any such specified produce may be tendered through a commission agent or any agency specified by order by the Director in this behalf :
(3) The Marketing Committee shall, on the sale of such produce, get it weighed, measured or counted, as the case may be, forthwith and arrange for the issue of a receipt thereof to the person who has tendered the produce at the collection centre for sale, or, to the commission agent or any agency, as the case may be, and shall also arrange to supply a copy of the receipt to the purchaser.
(4) Such receipt shall contain the following particulars, that is to say
(i) name of the collection centre;
(ii) name of the tenderer;
(iii) name of the purchaser;
(iv) name of the commission agent or agency, if any;
(v) name of the specified produce, the weight, measure or number thereof, as the case may be, and the fees paid for weighing, measuring or counting such produce;
(vi) grade and variety of specified produce, if any, and the rate;
(vii) the amount to be paid to the Marketing Committee by the purchaser or the commission agent, where the sale is through such agent;
(viii) the amount to be paid by the tenderer to the commission agent by way of his commission, if any, and such other market charges, as are duly authorised by the Marketing Committee;
(ix) the amount to be paid by the tenderer to a co-operative society under the Delhi Co-operative Societies Act, 1972 (35 of 1972);
(x) the amount of advance received by the tenderer, from the purchaser, if any, in respect of the specified produce;
(xi) the amount to be actually paid to the tenderer after deducting the amounts, if any, falling under clause (vii). clause (ix) or clause (x); and
(xii) the total amount to be paid by the purchaser in respect of the specified produce purchased by him.
(5) the dues payable to a Marketing Committees under clause (vii) of sub-section (4) shall consist of fee to be levied and collected from a purchaser by or under this Act.
(6) the purchaser shall on receiving a copy of the receipt, pay forthwith the amount to be paid by him that is to say the sale value of the produce and the amount of market fee to the commission agent or agency as the case may be in cash, or through cheque or through a bank draft and the amount of the market fee so received, by commission agent or agency shall be deposited with the Marketing Committee along with the sale return. The purchaser shall also pay the amount of commission to the commission agent or agency as per Bye-laws of the Marketing Committee. The commission agent and/or agency as the case may be shall arrange amount to the tenderer/seller after sale of the produce in cash or through cheque or through bank draft after deducting the charges as laid down in the Bye-laws of the Marketing Committee

Section62 Power to levy and collect market fee
Every Marketing Committee shall levy and collect such fee (hereinafter to as the "market fee") not being in excess of, or less than, the amount determined by the Government by notification published in the Official Gazette from every purchaser of notified agricultural produce sold in a market area :
Provided that the amount to be determined by the Government shall not be less than one rupee per one hundred rupees of the sale price of the notified agricultural produce.

Section63 Presumption regarding sale of agricultural produce
For purpose of section 62, all notified agricultural produce leaving the markets or market area shall, unless the contrary is proved, be presumed to have been sold in the market or the market area.

Section64 Market fee to be collected once only
No market fee shall be levied and collected in the same market area again in relation to the notified agricultural produce in respect of which such fee under this Act, has already been levied and collected.

Section65 Collection of market fee from commission agents
Where sale or purchase of notified agricultural produce in the market is made through a commission agent, the market fee, if not paid to the Marketing Committee under sub-section (6) of section (61), shall be collected from such commission agent in the manner hereinafter given, namely,
(a) The market fee payable under this Act shall be paid by the commission agent at such intervals as may be specified by the Marketing Committee in the Bye-laws;
(b) Every commission agent shall furnish periodical return showing receipt of agricultural produce by him and his turnover to the Marketing Committee on such dates as may be specified in the Bye-laws;
(c) Every commission agent shall pay to the Marketing Committee in the manner and at such intervals as specified in the Bye-laws the full amount of the market fee due from him under Act, according to the return referred to in the clause (b) and shall furnish the receipt showing payment along with such return;
Explanation. For purpose of this Section
(i) "turnover of the commission agent" shall mean the aggregate amount of sale price of the notified agricultural produce during the period to which the return relates, whether actually received or not;
(ii) "return" shall mean the return in the form as prescribed in the Bye-laws and accompanied by a receipt showing proof of full payment of the market fee according to such return.

Section66 Assessment of market fee payable by commission agent payment thereof
(1) If no return is furnished in respect of any period by the specified date, or if the Marketing Committee is not satisfied that the return furnished by commission agent is correct or complete, an officer of the Marketing Committee specifically authorised by it in this behalf (hereinafter referred to as the assessing officer) shall proceed in such manner, as may be prescribed in the Bye-laws to assess, as to the best of his judgment, the amount of market fee due from such commission agent :
Provided that before finalising any such assessment, the commission agent concerned will be given reasonable opportunity of showing cause as to why the assessment should not be finalised.
(2) The amount of the market fee assessed under sub-section (1), less than sum, if any, already paid, shall be paid by the commission agent within fifteen days from the date of the receipt of the assessment order by him.
(3) If any commission agent fails to pay the amount of market fee as required by sub-section (2), he shall, in addition to market fee due, be liable to pay simple interest on the amount so due at two percent per month from the date immediately following the last date for submission of return under clause (b) of Section 65, up to the date of assessment under sub-section (1) and at rate of three percent per month thereafter till realisation.

Section67 Appeal by commission agent against assessment of market fee
(1)Any commission agent aggrieved by any order of the assessing officer under Section 66 may appeal to the Director, in the manner prescribed, within thirty days of the receipt of such order by the commission agent
(2) The Directors may pass order on an appeal referred to in sub-section (1)(a) confirming, reducing or enhancing the assessment; or (b) setting aside the assessment and directing the assessment officer to make a fresh assessment after such further enquiry as may be directed :
Provided that no order enhancing the assessment shall be made unless the appellant has been given a reasonable opportunity of making a representation against such enhancement.

Section68 Order of appellate authority is final
The order made the Appellate Authority under sub-section (2) of Section 67 shall be final and binding upon the commission agent and the Marketing Committee

Section69 Liability to pay market fee by a firm, etc
(1) Notwithstanding in any context to the contrary, where any firm is liable to pay market fee under this Act, the firm and each of the partner of the firm shall be jointly and severably liable for such payment :
Provided that where any such partner retires from the firm, he shall intimate the date of his retirement to the Marketing Committee by a notice in this behalf in writing and shall be liable to pay the market fee remaining unpaid at the time of his retirement and any market fee due up to the date of his retirement though unassessed on that date :
Provided farther that if no such intimation is given fifteen days of the date of his retirement, the liability of the partner shall continue until the date on which such intimation is received by the Marketing Committee.
Explanation. For the purpose of this Section, the expression "firm" includes a company, or a corporation or a public body.
(2) Where a trader or a commission agent is a firm or persons or a Hindu Undivided Family and such firm, association or family has discontinued business
(a) the market fee payable under this Act, by such firm, association or family up to the date of such discontinuance may be assessed as if no such discontinuance had taken place; and
(b) any person, who was at the time of such discontinuance a partner of such firm or a member of such association or family shall, notwithstanding such discontinuance, be liable to pay the market fee assessed whether such market fee has been assessed prior to or after Such discontinuance and subject as aforesaid the provisions of this Act shall, so far as may be, apply as if every such person or partner or member was himself a trader or a commission agent.
(3) The provision of sub-section (2) shall so far as may be, apply where the trader or commission agent being a firm or association of persons is dissolved or where the trader or commission agent a Hindu Undivided Family has effected partition respecting the business carried on by it and accordingly reference in that sub-section to "discontinuance" shall be construed as reference to "dissolution" or "partition" as the case may be.

Section70 Liability to pay market fee in case of death of a trader or a commission agent
Where a trader or commission agent dies
(a) if the business carried on by the trader or commission agent is continued after his death by his legal representative by any other person, such legal representative or any such person shall be liable to pay the market fee due from the trader or commission agent under this Act whether such market fee may have been assessed before or after his death but has remained unpaid and the provisions of this Act, shall, so far as may be, apply to such legal representative or other person as if he were the trader or commission agent himself.
(b) if the business carried on by the trader or commission agent is discontinued after his death, his legal representative shall be liable to pay, out of the estate of the deceased, to the extent estate is capable of meeting, the amount of the market fee due from the deceased whether such market fee has been assessed before or after his death but has remained unpaid.
Explanation For the purpose of this sub-section "legal representative" has the meaning assigned to it in clause (ii) of Section 2 of the Code of Civil Procedure, 1908 (5 of 1908);

Section71 Intimation about change of constitution of firm etc
Every trader or commission agent shall furnish to the Marketing Committee the information about the change of constitution, discontinuance of the business, dissolution partition of a firm, company, corporation, association of persons, etc., or the death of any person connected therewith within fifteen days of the occurrence of any of such event.

Section72 Power to obtain and grant loans
(1) The Marketing Committee may, for the purposes of meeting the expenditure on lands, buildings and equipment required for establishing the market, obtain a loan from the Government on such terms and conditions as it may determine.
(2) A Marketing Committee may, with the previous approval of the Board, obtain loans from the other Marketing Committees on such conditions, as may be specified by the Board.
(3) A Marketing Committee shall grant loan to another Marketing Committee, if so directed by the Board, for carrying out the purposes of the Act.

Section73 Execution of contract
(1) Every contract entered into by a Marketing Committee shall be in writing and shall be signed on its behalf by the secretary.
(2) No contract, other than a contract executed as provided in sub-section (1) shall be binding on the Market Committee.

Section74 Certain disputes regarding construction of Rules, etc., about weights and measures to be decided by the Controller of Weights and Measures
(1) If any dispute arises between an Inspector appointed under the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985) and any person interested, as lo the meaning of construction of any Rule Made under the Act or as to the Method of verifying, reverifying, adjusting or stamping any weight or measure or weighting or measuring instrument, in any market area, such dispute may, at the request of the person interested or of the Inspector be referred to the Controller appointed under the Act, and the decision of the Controller shall, subject to the provisions of sub-section (2), be final.
(2) An appeal shall lie, within such time and in such manner as may be prescribed, against the decision/order under sub-section (1) to the Lieutenant Governor or such officer as he may, by order, appoint in this behalf and the decision of the Lieutenant Governor on such officer, as the case be, shall be final.

CHAPTER 8 OFFICERS AND SERVANTS OF BOARD AND MARKETING COMMITTEES

Section75 Constitution of Marketing Service
(1) There shall be service function wise/branch wise to be called the "Delhi Agricultural Marketing Service" (hereinafter referred to as "the Marketing Service") common to all the Marketing Committees and the Board for the purpose of providing officers or staff of all ranks as may be necessary for the performance of their respective function.
(2) Every officer and other employee serving the Board or a Marketing Committee, prior to the constitution of the Marketing Service, shall continue to hold office by the same tenure and on the same remuneration and on the same terms and condition of service as he is holding on the date of commencement of this Act, expect where such tenure, remuneration and terms and conditions are altered by the Board, with the prior approval of the Government :
Provided that the tenure, remuneration and terms and condition of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the government.

Section76 Power of the Board to make Regulations about conditions of service
(1)The Board may make Regulations to provide for any or more of the following matters, namely,
(a) the tenure of office, salaries, and allowances, provident fund, pension, gratuities, leave of absence and other conditions of service of officers and employees appointed in the Marketing Service and other staff;
(b) the qualification of candidates for various posts and the manner of selection for appointment thereto;
(c) the procedure to be followed in imposing any penalty, suspension, the authority to whom an appeal shall lie,
(d) any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Board or under a Market Committee and any other matter for which, in the opinion of the Board, provision should be made by regulation.
(2) No regulation under sub-section (lO)shall be made except with the prior approval of the Government.

Section77 Liability for transfer
A member of the Marketing Service shall be liable to be transferred to the Board or to any Marketing Committee or from one Committee to another committee or any staff member from the office of Board to any Market Committee or any Marketing Committee to the Board against the comparable post by the Vice-Chairman of the Board as laid down in the Regulations.

Section78 Functions of Secretary of the Marketing Committee
(1)Every Marketing Committee (except the Marketing Committee of National Importance) shall have a Secretary to be appointed by the Vice-Chairman of the Board to the extent of fifty per cent of the post from amongst the panel provided by the Government, of the Union Territory Civil Service Officers with at least five years of service and fifty percent : of the post shall be filled up by promotion from amongst the officers of the feeder cadre, that is to say, the officer belonging to the Marketing Service after having qualified in a departmental examination to be conducted by the Directorate of Union Territory Civil Service, Delhi in consultation with the Director. All other posts in the Marketing Service of the rank of Deputy Secretary in the existing pay scale of Rs. 6500-105000 and above shall be filled in by promotion from the officers who qualify the aforesaid departmental examination.
(2) The Secretary shall be the executive officer of the Committee and the custodian of all the records and properties of the Marketing Committee and shall exercise and perform the following powers and duties, in addition to such other duties may be imposed on him by this Act, the Rules or Bye-laws made thereunder, namely,
(i) to convene meeting of the Marketing Committee or its sub-committees, if any, and maintain minutes of the proceedings thereof;
(ii) to attend the meetings of the Marketing Committee or its sub-committees, and take part in the discussions but shall not move any resolution.or vote at any such meetings;
(iii) to take action to implement the resolution of the Committee and of the sub-committee and report progress in implementing such resolutions to the Committee or the sub-committee, as the case may be, as soon as possible;
(iv) to prepare a statement of estimated receipts and expenditure of Marketing Committee for such financial year;
(v) to furnish to the Government, Director, Marketing Committee and the Board such returns, statements, estimates, statistics, and reports as may be required or called by them from time to time including reports
(a) regarding the fines and penalties levied or any other action taken against the market functionaries and others;
(b) regarding contravention of the provision of the Act, the Rules, the Regulations, the Bye-laws or the standing orders by any person;
(c) regarding suspension or cancellation of licences;
(d) regarding administration of the Marketing Committee and regulation of the marketing;
(vi) to produce before the Committee or the sub-committee, as the case may be, such documents, books, registers, and the like, as may be necessary for the transaction of the Bussiness of the Commitee or the sub-committee, and also whenever called upon by the Market Committee so to do;
(vii) to exercise supervision and control over the act of all officers and servants of the Committee;
(viii) to collect fee and other moneys leviable by or due to the Market Committee;6
(ix) to be responsible for all moneys credited to or received on behalf of the Marketing Committee;
(x) to make disbursement of all moneys lawfully payable by the Marketing Committee;
(xi) to report to the Government, the Director, the Board, and the Vice-Chairman of the Board as soon as possible, any fraud, embezzlement, theft or loss of Marketing Committee fund or property;
(xii) to prefer complaints in respect of prosecutions to be launched on behalf of the Marketing Committee and to process proceedings, civil or criminal, on behalf of the Marketing Committee.

CHAPTER 9 MARKETING OF AGRICULTURAL PRODUCE

Section79 Regulation of Marketing of agricultural produce
(1) Subject tothe provisions of this Section and of the Rules providing for regulating the marketing of agricultural produce in any place in the market area, no person shall, on or after the date on which an area is declared under sub-section (1) of Section 4 to be a market area, without, or otherwise than in conformity with the terms and conditions of, a licence granted by
(a) the Director, where a Market Committee is not functioning; or,
(b) by the Marketing Committee in any other case;
(i) use any place in the market area for the marketing of the agricultural produce specified in the said declaration; or
(ii) operate in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman or in any other capacity in relation to the marketing of such agricultural produce.
(2) Nothing in sub-section (1) shall apply to the retail sale by an agriculturist of his own produce.
(3) All commodities of notified agricultural produce brought into the market area for marketing shall be brought into a market specified for such produce and shall not, subject to the provisions of the Bye-laws, be sold at any other place outside such market. All transactions/sales in the notified principal yard and sub-yard shall be through open auction only

Section80 Grant of licence
(1) Subject to Rules made in this behalf, a Marketing Committee may, after making such inquiries as it deems fit, grant or renew a licence for the use of any place in the market yard/area for the marketing of agricultural produce or for operating therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor, werehouseman or in any other capacity in relation to the marketing of agricultural produce or may, after recording reasons in writing, refuse to grant or renew any such licence :
Provided that where a Marketing Committee has not started functioning, the Director, subject to any Rules that may be made in this behalf, may grant or renew a licence for the marketing of agricultural produce or for operating in the market yard/area as a trader, commission agent, broker, processor, weighman, measurer,, surveyor, warehouseman or any other capacity.
(2) A licence granted under sub-section (1) 155
(i) shall be in such form, valid for such period, and subject to such terms, conditions, restrictions and limitations as may be prescribed;
(ii) places at which weighment and delivery of agricultural produce shall be made in any market or market area and on payment of such fees as may be prescribed.
(3) If the Marketing Committee or the Director, as the case may be, fails to grant or renew a licence within a period of sixty days from the date of receipt of an application in that behalf, it shall be deemed that the licence has been granted or renewed, as the case may be, if such grant or renewal has not been refused by marketing Committee or the Director, as the case may be, within the said period of sixty days.

Section81 Power to cancel or suspend licence
(1) Subject to the provisions of sub-section (3), a Marketing Committee may, for reasons to be recorded in writing, suspend or cancel a licence granted or renewal under this Chapter,
(a) if the licence had been obtained through willful misrepresentation or fraud;
(b) if the holder of the licence or any servant or any acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence and/or holder of licence makes violation of the provisions of the Act, Rules and Bye-laws made thereunder;
(c) if the holder of the licence in combination with other holders of licence commits any act or refrains from carrying out his normal business in the market with the intention of willfully obstructing, uspending or stopping the marketing of agricultural produce in the market yard and/or area;
(d) if the holder of the licence has been adjudged an insolvent, and has not obtained has discharge; or
(e) if the holder of the licence is convicted his discharge.
(2) Notwithstanding anything contained in sub-section (1) but subject to the provisions of sub-section(3), the Director may, for reason to be recorded in writing, by order, suspend or cancel any licence granted or renewed under this Chapter.
(3) No licence shall be suspended or cancelled under this Section, unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

Section82 Appeal
(1) Any person aggrieved by the order
(a) of a Marketing Committee, refusing to grant or renew a licence, or cancelling or suspending any licence, may prefer an appeal within thirty days to the Vice-Chairman of the Board;
(b) of the Director refusing to grant or renew a licence or cancelling or suspending any licence may prefer an appeal to the Secretary Agricultural Marketing Department of the Government within thirty days from the date on which such order is communicated to him and in such manner as may be prescribed.
(2) The Vice-Chairman of the Board or, the Secretary, Agricultural Marketing Department of the Government, as the case may be, on such appeal, make such order as he may deem just and proper :
Provided that before dismissing an appeal, the Vice-Chairman of the Board or the Secretary, Agricultural Marketing Department of the Government, as the case may be, shall give the appellant a reasonable opportunity of being heard, and record in writing the reasons for such dismissal.

Section83 Provisions for settlement of dispute
(1) For the purpose of setting disputes between buyers and sellers of agricultural produce or their agents including any dispute regarding quality or weight or payment, or any matter in relation to the regulation of marketing of agricultural produce in the market area, the Marketing Committee constituted for that market area, the Marketing Committee constituted for that market area may appoint arbitrators or constitute, from amongst its members, a sub-committee.
(2) The method of appointment of arbitrators, the constitution and functions of the sub-committees and the fees, if any, that may be paid by parties for the settlement of disputes, and other incidental matters shall be such as may be prescribed.
(3) Any party, aggrieved by the decision of the arbitrator or the sub-committee, as the case be, may prefer an appeal from such decision to the Board within such time and in such manner as may be prescribed.

CHAPTER 10 MARKET DEVELOPMENT FUND AND MARKET FUND AND AUDIT THEREOF

Section84 Constitution of market Development Fund
(1) All moneysreceived by the Board shall be credited into a fund to be called the Market Development Fund.
(2) No expenditure from the Market Development Fund shall be defrayed unless it is sanctioned by the competent authority. The Market Development Fund shall be operated in the manner as may be prescribed in the Rules.
Explanation For the purpose of this sub-section 'competent authority' shall mean the Board or Vice-Chairman or any other officer of the Board to whom the powers of the Board to incur expenditure have been delegated, as the case may be.
(3) The amount standing to the credit of the Market Development Fund shall be kept or invested in such manner as may be prescribed.

Section85 Application of Market Development Fund
(1)The Market Development Fund shall be utilised for the following purposes, namely,
(2) Without prejudice to the generality of sub-section (1), Market Development Fund may be utilised for the following purposes, namely,
(i) better marketing of agricultural produce;
(ii) collection and dissemination of markets ratesand news and other information relating to marketing of agricultural produce;
(iii) grading and standardisation of agricultural produce;
(iv) improvement works in the markets and their respective areas;
(v) acquisition of land for construction of office building, guest houses, staff quarters, training centres, and maintenance thereof;
(vi) acquisition of land for developing market for Marketing Committees and development thereof;
(vii) giving aid to financially weak Marketing Committee in the shape of grant or aid or both;
(viii) payment of salary allowances gratuity pension, compensate allowances, compensation for injury or death resulting from accidents while on duty;
(ix) payment of other dues to staff such as leave encashment on retirement or yearly basis, medical aid as may be laid down in the service Regulations;
(x) payment of provident fund, leave salary and pension contribution to Government servant on deputation or other dues, payment of actual reimbursement in case of hospitalisation in authorised hospitals as laid down in service Regulations;
(xi) payment of travelling and other allowances to the Chairman, Vice-Chairman, members and employees of the Board;
(xii) meeting of any legal expenses by the Board;
(xiii) construction of godowns, if required by the Market Committee/Marketing Committees;
(xiv) expenses incurred in auditing the accounts of the Board;
(xv) organising or arranging workshops, seminars, exhibitions, training programmes etc., on development of agricultural marketing including participation therein.
(xvi) imparting education in agricultural marketing to staff;
(xvii) execution of any other function/work assigned to the Board under this Act or as directed by the Government.

Section86 Accounts to be kept
The accounts of all receipts and expenditure of the Board and of each Marketing Committee shall be kept in such manner and in such form as may be prescribed by regulation.

Section87 Audit of accounts
(1) The account of the Board and the Marketing Committee shall be audited by a person or persons authorised by the Director. Explanation. The audit for any year under sub-section (1) shall include
(a) examination and verification of cash balance and other securities;
(b) valuation of the Assets and Liabilities;
(c) investigations into and verification of the circumstance and reasons for the variation between the budget estimates and actual expenditure;
(d) audit of the work accounts;
(e) physical verification of stores and stocks.
(2) The person auditing the accounts of the Board or of a Marketing Committee shall have free access to all the books of accounts and to all papers, vouchers, stocks and property and other records and correspondence relating to accounts of the Board or of the Marketing Committee, as the case may be, who shall be allowed to verify the cash balance and physical check of such property.
(3) The Vice-Chairman or any other officer of the Board or the Marketing Committee, as the case may be, shall furnish to the person auditing the accounts all such information as to any transaction and working of the Board or the Marketing Committee as the case may be, as such person may require.
(4) The audit fee, as may be determined by the Director, shall be paid by the Board or the Marketing Committee, as the case may be, in the manner specified by him in writing.

Section88 Constitution of Market Fund, its custody and investment
(1) Allfees and other moneys received by a Marketing Committee under this Act, all sums realised by way of penalty (otherwise than by way of fine in a criminal case), all loans raised by the Committee, and all grants, loans or contributions made by the Government to the Committee, shall from part of a fund to be called the 'Market Fund'.
(2) Any money received by the Marketing Committee by way of arbitration fee or as security for costs in arbitration proceedings relating to disputes or any money received by the Committee by way of security deposit contribution to provident fund or for payment in respect of any notified agricultural produce, or charges payable to weighman, palledar and other functionaries and such other moneys received by Marketing Committee as may be provided in the Rules Bye-laws shall not from part of the "Market fund" and shall be kept in such manner as may be prescribed.

Section89 Application of Market Fund
(1) Subject to the provisions of Section 88, the Market Fund may be expended for the following purposes only, namely,
(i) the acquisition of a site or sites for the market yard;
(ii) the establishment, maintenance and improvement of the market yards;
(iii) the construction and repair of buildings necessary for the purposes of the market and for convenience or safety of the persons using the market yard;
(iv) the maintenance of standard weights and measures;
(v) the meeting of establishment charges including payment and contribution of provident fund, pension, gratuity, leave encashment or retirement on yearly basis, actual reimbursement of hospitalisation expenses in the authorised hospitals or other items as may be laid down in the Regulation/rules;
(vi) loans and advances to the employees of the Committee;
(vii) the payment of interest on the loans that may be raised for the purpose of the market and provisions of sinking fund in respect of such loans;
(viii) the collection and dissemination or information relating to crop statistic and marketing of agricultural produce;
(ix) expenses incurred in auditing the accounts of the Marketing committee;
(x) payment of honorarium to Chairman travelling allowances of Chairman, Vice-Chairman and other members of the Marketing Committee and sitting fees payable to member for attending the meeting;
(xi) contribution to the Board as prescribed and Consolidate Fund of the National Capital Territory of Delhi to the extent required for salary of the employees of the Government as provided in clause (b) of sub-section (2) and sub-section (3) of this Section;
(xii) contribution to any scheme for development of agricultural marketing including transport and scientific storage;
(xiii) to provide facilities like grading services and communication to agriculturists in the market area;
(xiv) to provide for development of agricultural produce in the market area;
(xv) payment of expenses on elections under this Act;
(xvi) incurring of all expenses for research, extension and training in marketing of agricultural produce;
(xvii) prevention, in conjunction with other agencies, State, Union Territory, Central and other in relation to distress sale of agricultural produce;
(xviii) fostering co-operative marketing and assisting co-operative marketing societies in the procurement and organisation of profitable disposal of produce particularly the produce belonging to small and marginal farmers;
(xix) acquisition of land for construction of office building, guest house for farmers and visitors and staff quarters and maintenance thereof, hiring built-up accommodation for office use, guest house or for other purpose of agricultural marketing;
(xx) any other purpose connected with the marketing of agricultural produce under this Act whereon the expenditure of Marketing Committee Fund is in the public interest subject to the prior sanction of the Board.
(xxi) contribution to centralised pension fund of the Board as may be prescribed.
(2) Without prejudice to the generality of sub-section (1), every Marketing Committee shall, out of the "Market Fund" pay
(a) to the Board, as contribution, such percentage of its income derived from the licence fee, market fee, fines received as specified below, to enable the Board to defray its expenses on office establishment and other expenses incurred by it in the interest of the Marketing Committee generally Charges Payable By Seller
Paise per Qtl.
(1)
(a) Unloading per bag of foodgrains,
Sarson Paddy, Taramira, etc.
15
(b) Loose corn of foodgrains etc.
05
(c) Unloading of per katta of equivalent quantity
Of open Gur, Shakkar and Khandsari, etc.
08
(2)
Jharai per bag
00.12
(3)
Charahi :
(a) Charahi per bag of foodgrain
00.04
(b) Charahi of Gur Shakkar per katta
00.03
Amount Payable By Purchaser
(4)
Weighing :
(1)
(a) Weighing of foodgrains per bag
00.15
(b) Weighing of Gur, Shakkar etc., per katta
00.08
(2)
(a) Commission (Dami) of all kinds of
Commodities
1.50 percent
(b) Commission (Dami) Chillies
2.50 percent
(3)
Arhat of all commodities
1.00 percent
(4)
Filling and sewing per bag or katta
0.13 percent
R s. Paise
(5)
Dhuwai :
(a) Dhuwai per bag of foodgrains,
Cotton-seed Khal, Churi etc.
00.20
(b) Dhuwai of Gur, Shakkar etc. per katta
00.12
(c) Dhuwai of chhilka
00.10
(b) Dhuwai of Khanda
00.15
(6)
Takai :
(a) Takai of foodgrains, Gur, Shakkar etc. per bag
00.15
(b) Takai of Chilka per bag
00.08
(c) Takai of Khanda per bag
00.10
(7)
Ralai per bag
00.07
(8)
Loading of all commodities per bag
00.13
Note.I Unloading from trucks and then weighing or to make in lots from one shop to another
00.20 Paise excess than specified above
Note. Removing bags from one phar to another and heaping them.
00.20 paise excess than specified above.
(2)
No charge shall be leviable in the market if not provided in these By-laws.
(b) to the Government, the cost of any special or additional staff employed by the Government, in consulation with the Marketing Committee, for giving effect to the provisions of this Act in the market area.
(3) The Government shall determine the cost of the special or additional staff referred to in clause (b) of sub-section (2) and shall, where the staff is employed for the purposes of more than one Marketing Committee, apportion such cost among the Marketing Committee concerned on such manor as it thinks fit and the decision of the Government determining the amount payable by any Marketing Committee shall be final.

Section90 Market Fund to be kept in bank
All moneys payable to the credit of the Market Fund and all other moneys received by a Marketing Committee shall be kept in a bank or banks as may be approved by special or general order issued by the Director.

CHAPTER 11 BUDGET AND ACCOUNTS

Section91 Budget and account of a Marketing Committee
(1)Every Marketing Committee shall prepare and pass the budget of its income and expenditure for the ensuing year in the prescribed from and shall submit it to the Board for sanction before the prescribed date. The Board shall sanction the budget with or without modification within three months for the date of receipt thereof. If the budget is not returned by the Board within thee months, it shall be presumed to have been sanctioned.
(2) No expenditure shall be incurred on any item if there is no provision in the sanctioned budget thereof, unless it can be met by appropriation from saving under any other Head and has sanction for reappropriation of the Vice-Chairman of the Board.

Section92 Revised or supplementary budget
A marketing Committee may at any time during the year for which a budget has been sanctioned, cause a revised or supplementary budget to be prepared, passed and sanctioned in the same manner as if it were the original budget.

Section93 Power to execute work
(1) The Marketing Comrtiittee shall issue order execution of work as may be prescribed in the Regulation relating to delegation of powers and duties and or its Bye-laws.
(2) The Board, while according the sanction referred to in sub-section (1), for execution of any development, maintenance or improvement work, may, at its discretion, direct that the execution of work shall be entrusted to a Department of the Government or to the Board or to Marketing Committee itself or to any other agency authorised by the Board.

Section94 Accounts to be kept
Every Marketing Committee shall keep a true and correct accounts of all its receipts and expenditure in such manner and in such form as may be prescribed.

Section95 Preparation of balance sheet and administrative report
(1)At the end of every year, a Marketing Committee shall draw up its final accounts of receipts and expenditure and a balance sheet of its assets and liabilities and prepare an annual administrative report in such manner and in such form as may be prescribed.
(2) Copies of a accounts, balance sheet and administrative report referred to in sub-section (1) shall be submitted to the Board and the Director by such time as may be prescribed.

CHAPTER 12 CONTROL

Section96 Power of the Director
The Director, or any officer authorised by him, may
(a) inspect or cause to inspected the accounts and office of a Marketing Committee;
(b) hold enquiry into the affairs of a Marketing Committee;
(c) call from a Marketing Committee any return, statement, accounts or reports which he may think fit;
(d) require a Marketing Committee to take into consideration
(i) any objection on the ground of illegality, inexpediency or impropriety which appears to him to exist with regard to the doing of anything which is about to be done or is being done by or on behalf of such Committee;
(ii) any information which he is able to furnish and which appears to him to necessitate the doing of a certain thing by such Committee;
(e) direct that anything which is about to be done or is being done should not be done, pending consideration of the reply given by the Committee;
(f) direct that anything which in his opinion should be done bat is not being done may be done within such time as he may direct.

Section97 Duty of officers, servants and members of Marketing Committee to furnish information to Director or authorised officer
(1)When the accounts and offices of a Marketing Committee are being inspected, or the affairs of such a Committee are being required into under Section 96 of the proceedings of such Committee are being examined under Section 99, all officers, servants and members of such a Committee shall furnish such information in their possession with regard to the accounts and offices or affairs or proceedings of such a Committee as the Director, or the officer authorised by him, may require.
(2)The Director or any officer inspecting accounts and offices or inquiring into the affairs of the Marketing Committee under Section 96 or examining the proceedings of such a Committee under Section 99 shall, for the purposes of such inspection, inquiry or examination, have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), While trying a suit in respect of the following matters, namely,
(a) the summoning and enforcing the attendance of any officer, servant or member of the Marketing Committee and examining him on oath;
(b) the discovery and production by any officer, servant or member of the Marketing Committee of any document or other material object producible as evidence; and
(c) the receiving of evidence on affidavits.
(3) The Director or any authorised by him exercising the powers conferred by sub-section (2) shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the code of Criminal Procedure, 1973 (2 of 1974).

Section98 Seizure of accounts books and other documents
Where the Director has reasons to believe that the books and records of a Marketing Committee are likely to be tampered with or destroyed or the funds or property of the Marketing Committee are likely to be misappropriated or misapplied, the Director may issue an order directing a person duly authorised by him in writing, to seize and take possession of such books and records, funds and property of a Marketing Committee, and the officer or officers of the Marketing Committee responsible for the custody of such books records, funds and property, shall delivery thereof to the person so authorised.

Section99 Powers of the Director to call for proceeding of Marketing Committees and to pass order thereon
The Director, may, at any time, call for and examine the proceedings of any Marketing Committee for the purpose of satisfying himself as to the legality or property of any decision or order passed by the Marketing Committee under this Act, and if, in any case, it appears to the Director that any decision or order or proceeding so called for should be modified, annulled or reversed, the Director may pass such orders thereon as he thinks fit.

Section100 Control by the Board
Powers exercisable by the Director under Section 98 shall also be exercised by the Board or an officer authorised by it and reference to the Director in this Section shall be construed to be a reference to the Board.

Section101 Amalgamation or division of Marketing Committees
(1) Wherethe Government is satisfied that of securing efficient regulation of marketing of agricultural produce in a market area, it is necessary that two or more Marketing Committee therein should be amalgamated or any Marketing Committee therein should be divided into two or more Market Committees, it may, after consulting the Marketing Committee or the Marketing Committees, as the case may be, and the Board, by notification, provide for the amalgamation of such Marketing Committee or division of the Marketing Committee into two or more Marketing Committees for the Market area in respect of the agricultural produce specified in the notification. The notification shall also provide for the constitution, property, rights, interests and authorities and such liabilities, duties and obligations (including provision in respect of contracts, assets, employees, proceedings) and such incidental, consequential and supplementary matters as may be necessary to give effect to such amalgamation or division, as the case may be.
(2) Where more than one Marketing Committee are established in any market area under sub-section (1), the Government may, notwithstanding anything to the contrary contained in this Act, issue general or special directions as to which of the Marketing Committees shall exercise the powers, perform the duties and discharge the functions of a Marketing Committee under this Act, in respect of matters in which they are jointly interested.
(3) Where any direction is issued under sub-section (2), the cost incurred by a Marketing Committee in pursuance of the direction shall be shared by the other Marketing Committee concerned in such proportion as may be agreed upon, or in default of agreement, as may be determined by the Government of such officer, as the case may be, shall be final
(4) All the assets of the Committee shall vest in the Government and the Government shall be liable for all legally enforcable liabilities of the Committee, subsisting on the date of supensession, to the extent of the said assets.

CHAPTER 13 SUPERSESSION

Section102 Supersession of Marketing Committee
(1) If, in the opinion of the Government a Marketing Committee is not competent to perform, or persistently makes default in performing the duties imposed on it by or under this Act, or exceeds or abuses its power or willfully disregards any instructions issued by the Government or any officer duly authorised by it in this behalf, the Government may, for reasons to be recorded by it in writing, and after giving the Committee an opportunity of tendering an explanation, by notification, supersede, such Marketing Committee.
(2) Upon publication of a notification under sub-section (1) superseding a Marketing Committee, the following consequences shall ensue
(a) all members of Marketing Committee including its Chairman and Vice-Chairman shall, from the date of publication of the notification, be deemed to have vacated their respective office;
(b) the Government shall direct that steps to be taken for constitution of a new Marketing Committee under Section 36, before the expiration of six month from the date of its supersession :
Provided that the Government may extend this period of six months, from time to time, subject to he condition that the aggregate period does not exceed one year;
(c) the Government may direct that all the function, powers and duties of the Committee and its Chairman under this Act, shall be performed, exercised and discharged by such person or authority as the Government may appoint in this behalf and such person or authority shall be deemed to be Committee or Chairmen, as the case may be. In case of markets of national importance such person/authority so appointed by the Government shall be an officer from the Indian Administrative Service with ten years of service, or an officer from the Union Territory Civil Service with fifteen years of service;
(d) all the assets of the Committee shall vest in the Government and the Government shall be liable for all legally enforceable liabilities of the Committee, subsisting on the date of suppression, to the extent of the said assets.

CHAPTER 14 PENALTIES

Section103 Penalty for not complying with direction under sub-section (2) of Section 48.
If the outgoing Chairman or Vice-Chairman, to whom a direction has been issued under sub-section (2) of Section 48, does not comply with such direction, he shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to five thousand rupees, or with both.

Section104 Penalty for contravention of Section 79
Whoever, in contravention of the provisions of sub-section (1) 79 uses any place in the market area for the marketing of the agricultural produce specified in the declaration made under sub-section (1) of Section 4 or operates in the market area therein as trader, commission agent, broker, processor, weighman, measurer, surveyor, warehouseman, or in any other capacity in relation to the marketing of that agricultural produce shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both, and in the case of a continuing contravention, with a further fine which may extend to one hundred rupees for every day, during which such contavention continues after conviction for the first contravention.

Section105 Penalty for obstruction and failure to obey order under Section 96
Whoever obstructs any officer in carrying out the inspection of accounts or in holding an inquiry into the affairs, of a Marketing Committee or fails to obey any order with reference to any matter specified in Section 96 shall be punishable with fine which may extend to two hundred rupees for everyday during which the offence continues.

Section106 Penalty for contravening provisions of Section 97
If any officer, servant or member of a Marketing Committee, when required under Section 97 to furnish information with regard to the accounts or offices or affairs of the Market Committee or the proceedings of a Market Committee
(a) willfully neglects or refuses to furnish any information; or
(b) willfully furnishes information which is false or incorrect in material particulars; such office, servant or member shall be punishable with imprisonment for term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

Section107 Penalty for contravention of Section 98
Whoever, in contravention of the provisions of Section 98 obstructs any person in seizing or taking possession of any books, records, funds or property of the Market Committee or ssss fails to give delivery thereof to such person shall be punishable with fine which may extends to two thousand rupees.

Section108 General provisions of punishment of offence
Whoever contravenes any provision of this Act or of any Rule or Bye-laws made thereunder shall, if no other penalty is provided for such contravention elsewhere in this Act or in the Rules or Bye-laws, be punishable with fine which may extend to two thousand rupees.

CHAPTER 15 MISCELLANEOUS

Section109 Liability of members of employees of Board or Marketing Committee
(1) Every member or employee of the Board or any Marketing Committee shall be liable for the loss, wastage, misappropriation or misapplication of any money or other property belonging to the Board or the Marketing Committee, if such loss, wastage misappropriation or misapplication is proved to the satisfaction of the board, to be the direct consequence of the neglect or misconduct on the part of such member or employee : Provided that he shall be given an opportunity by a written notice to show cause as to why he should not be held liable for the loss, wastage, misappropriation or misapplication.
(2) Wherever any such member or employee is held to be so liable, he shall make good the loss within a period of one month from the date of the order failing which an amount equal to the loss shall be recoverable from such member or employee as an arrear of land revenue.
(3) The member or employee against whom an order under sub-section (1) is made, may, within thirty days from the date of the service of such order, appeal to the Government which shall have the power of confirming, modifying or reversing the order made by the Board :
Provided that (a) no action for the recovery shall be taken if the loss, wastage, misappropriation or misapplication had taken place before the expiry of a period of four years;
(b) in computing the period of four years, the period during which any enquiry or investigation was made by the Board or the proceedings were stayed or the period during which any appeal against the order for making good the loss, remained pending, shall be excluded.

Section110 Chairman, etc., of the board and the Marketing Committee to be public servants
The Chairman, the Vice-Chairman the members, the Secretary and the other officers and servants of the Board and the Chairman, Vice-Chairman, members, Secretary and other officers and servants of a Marketing Committee shall be deemed to be public servants within the meeting of Section 21 of the Indian Penal Code, 1806 (45 of 1860).

Section111 Bar of suit in the absence of notice
(1) No suit or other legal proceedings shall be instituted against the Board or any Marketing Committee or any member, office or servant thereof or any person acting under the direction of the Board, any Marketing Committee, member, officer or servant for anything done or purported to be done in good faith as such member, officer, or servant under this Act,, until the expiration of two months next after notice in writing, stating the cause of action, the name and place of residence of the intending plaintiff and the relief which he claims, has been, in the case of the Board or Marketing Committees, delivered or left at its office, and in the case of any such member, officer, servant or person as aforesaid, delivered to him or left at his office or usual place of residence, and the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit shall be dismissed unless it is instituted within six months from the date of accrual of the alleged cause of action.
(3) Notwithstanding anything contained in sub-section (1) any suit under Section 38 of the Specific Relief Act, 1963 (47 of 1963) may be instituted with the leave of the Court without serving any notice as required by sub-section (1) but the Court shall not grant any relief in the suit whether interim or otherwise expect after giving the Board or the Marketing Committee or any other person referred to in sub-section (1), as the case may be, a reasonable opportunity of being heard.

Section112 Trial of offences
(1) No offence under this Act, or any Rule or regulation or bye-laws made thereunder, shall be tried by a Court inferior to the Court of a Metropolitan Magistrate.
(2) No prosecution under this Act, shall be instituted by the Director or any officer authorised by him in that behalf for by Vice-Chairman or by any other person duly authorised by the Board or the Marketing Committee, as the case may be, in that behalf.
(3) No Court shall take cognizance of any offence under this Act or any Rule, order, regulation or Bye-laws made thereunder, unless compliant thereof is made within six months from the date on which the alleged commission of the offence came to the knowledge of the Director, officer, Vice-Chairman or person referred to in sub-section (2).
(4) All fines received by a Court from an offender shall be credited to the Market Development Fund or the Market Fund, as the case may be.

Section113 Recovery of sums due to Government, Board, Marketing Committee and others
(1) Every sum due from the Board or a Market Committee to the Government shall be recoverable as an arrear of land revenue.
(2) Subject to the Provisions of Sub-section (3) of Section 116 any sum due to the Board or a Marketing Committee on account of any charge cost, expenses, fee, rent or on any other account under the provisions of this Act, or any Rule, Regulation or Bye-laws made thereunder or any sum due to an agriculturist for any agricultural produce, specified under sub-section (1) of Section 61, sold by him in the market area and which is not paid to him as provided by or under this Act, shall be recoverable from the person ffom whom such sum is due, in the same manner as if were an arrear of land revenue.
(3) If any dispute arises as to whether a sum is due to an agriculturist within the meaning of sub-section (3) of Section 116, it shall be decided in the same manner as is specified in Section 83 and for that purpose all the provisions of Section 83 and the Rules, Regulations or the Bye-laws made thereunder shall, so far as may be, apply accordingly for purposes of settlement of dispute under this sub-section.

Section114 Power of Government to delegate powers
The Government may, by notification, and subject to such conditions, if any, as it may think fit to impose, delegate all or any of the powers conferred upon it by or under, any of the provisions of this Act to the Board or any other officer or person specified in the notification.

Section115 Power to extent the Board or Marketing Committee etc., from provisions of the Act
(1) The Government may, by general or special order, published in the Official Gazette, exempt the Board or any Marketing Committee or any class of persons from any of the provisions of this Act or any Rule, regulation, or Bye-laws made thereunder or may direct, in like manner, that the provisions of this Act shall apply to the Board or any Marketing Committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order.
(2) All orders made under sub-section (1) shall be laid, as soon as may be, after they are made, before the Legislative Assembly of Delhi.
(3) The Government may, by genneral or special order, published in the Official Gazette, direct with that any Rule, regulation or Bye-laws made under this Act shall apply to the Board or any Marketing Committee or any class of persons with such modifications, not affecting the substance thereof, as may be specified in that order.

Section116 Power to make Rules
(1)The Government may by notification, make Rules for carrying out 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 following matters namely,
(a) qualifications which the representatives of the agriculturists shall possess under clause (a) of sub-section (1) of Section 36;
(b) qualifications which the representatives of traders shall possess under clause (b) of sub-section (1) of Section 36;
(c) the manner in which the members of a Marketing Committee may be elected under Section 38, including all matters incidental to such election;
(d) the term of office and other conditions of service of Chairman or Vice-Chairman of the Marketing Committee under Section 44 and 46;
(e) the duties of Marketing Committees under sub-section (2) of Section 55 and the promotion of the grading and standardisation of such agricultural produce as may be specified in the Rules under clause (k) of that sub-section;
(f) the manner of levy and collection of market fee by Marketing Committee under Section 62,
(g) the condition subject to which loans may be obtained by a Marketing Committee from another Marketing Committee under sub-section (2) of Section 72;
(h) the manner in which and the time within which an appeal may be filed under sub-section (2) of Section 74 or sub-section (2) of Sec. 123;
(i) the form of licence and the terms and conditions subject subject to which a licence may be granted or renewed, including the fees to be paid in respect of such licence, under Section 80;
(j) the fees payable in connection with the weighman and delivery of agricultural produce under Section (sic);
(k) the manner in which an appeal may be field under sub-section (1) of Section 82;
(l) the composition of sub-committees, method of appointment or arbitrators and the fees, if any, that may be paid by parties for the settlement of disputes, the procedure to be followed by the sub-committees or arbitiators for the settlement of disputes and the manner in which and the time within an appeal may be preferred from the decision of the sub-committee or arbirator under Section 83;
(m) the manner in which the amount to the credit of the Market Development Fund or a Market Fund shall be kept or invested under sub-section (3) of Section 84 or sub-section (2) of Section 88 as the case may be;
(n) travelling and other allowances payable to members of the Board or the Marketing Committee;
(o) the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expenses of the Marketing Committee and the Board and grant of sanction to such plans and estimates;
(p) the manner in which payment from the Market Development Fund or Market Fund shall be made, its account shall be kept or audited or re-audited, budget estimates of income and expenditure shall be made and annual administrative report shall be prepared; he time during which and the manner in which a trader or commission agent shall furnish returns to the Marketing Committee as may be required by it;
(r) any other during matter which is required to be or may be prescribed.
(3) Any Rule made under this Section may provide that if purchaser fails to make the payment forthwith as required by sub-section (6) of Section 61, he shall be liable to pay interest from the date of sale to the date of payment as such rate not being in excess of the maximum rate of interest fixed for unsecured loans by banking institution. If payment is not made within thirty days from the date on which the agricultural produce is sold, the principal and interest shall be recoverable by the Marketing Committee from the purchaser in the manner provided in Section 113.
(4) Any Rule made under the provisions of this Act may provide that a contravention thereof, shall on conviction, be punishable with fine which may extend to five thousand rupees.
(5) Every Rule made under this Act shall be laid, as soon as may be, after it is made, before the Legislative Assembly of Delhi. While it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of session immediately following the session or the successive sessions aforesaid, the house of the Legislative Assembly agrees in making any modification in the Rule or the house of the Legislative Assembly agrees that the Rule should not be made, the Rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule.

Section117 Power to make Regulation for carrying out the provisions of the Act
(1) The Board may, with the provisions approval of the Government and by notification, make Regulations, not inconsistent with the provisions of this Act or any Rule made thereunder for carrying out the provision of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such Regulations may provide for all or any of the following matters, namely,
(a) the method of recruitment, the scale of pay and other conditions of service of employees of the Board and Marketing Committee;
(b) regulation of transaction of business at the meetings of the Board;
(c) delegation of duties and powers of the Board to its Vice-Chairman or any other officer employed by it;
(d) delegation of duties and powers of the Marketing Committees to its sub-committees;
(e) the manner of constitution of marketing Service recruitment therein and the qualifications, appointment, promotion, scale of pay, leave and its encashment loans, pension, gratuity, contribution to funds, reimbursement of actual expenses on hospitalisation in authorised hospitals, dismissal, removal, conduct, departmental enquires and punishments, appeals and other conditions of service of its members and other staff.

Section118 Power of Marketing Committee to make Bye-laws
(1) Subject to the provisions of this Act, and the Rules made thereunder, a Marketing Committee may, in respect of a market area under its management, make Bye-laws for
(i) determining the quantity of Agricultural produce which may be considered as retail sale for the purposes of the Act and the Rules made thereunder;
(ii) the regulation of the business of the Marketing Committee, including meetings, quorum and procedure;
(iii) the conditions of trading in a Market;
(iv) delegation of powers, duties and functions to the officers and servants;
(v) the delegation of powers, duties and functions to a sub-committee, if any;
(vi) the provisions for the persons and the form in which copies of the document and entries in the books of the Marketing Committee may be certified and charges to be lived for the supply of such copies and inspection of such documents and books of account for the purposes of any proceedings under the Act, Rules and regulation;
(vii) the manner in which the sales are effected in a market and maintenance and issue of invoices and other vouchers connected with the sale and the forms in which such invoices, bills, cash-memos shall be issued by the traders commission agents, brokers or other market functionaries operating in the market;
(viii) any other matter for which the Bye-laws are to be made under this Act or it may be necessary to frame Bye-laws for effectively implementing the provisions of this Act, and the Rules made thereunder in the market area.
(2) No Bye-laws under sub-section (1) shall take effect until it has been approved by the Board and published in the Official Gazette.
(3) In marketing any Bye-law, the Marketing Committee may direct that the penalty for the breach of any Bye-laws may be imposed by it, which may extend to five thousand rupees in each case and where the breach is a containing one with further penalty which may extend to one hundred rupees for every day after the first conviction during which the same continues.
Explanation. For purposes of this sub-section, it is declared that the Marketing Committee may impose the penalty notwithstanding the fact that criminal action has been instituted in respect of the same facts for which penalty has been imposed under the Bye-laws.
(4) Notwithstanding anything contained in this Section, if the Director considers that an amendment, or adoption of a new Bye-laws or rescission of any Bye-laws is necessary or desirable in the interests of Market Committee, he may, by order, require the Marketing Committee to make such amendment, adoption or rescission within such time as may be specified by him in the order.
(5) If the Marketing Committee fails to comply with the order issued under sub-section (4) within the time specified, the Director shall make such amendment rescission or adoption of such new Bye-laws, and issue a certified copy thereof to the Marketing Committee.
(6) The Marketing Committee may, within thirty days from the date of issue o the certified copy, referred to in the sub-section (5) appeal against such order to the Government whose decision thereon shall be final and binding upon the Marketing Committee.
(7) No Bye-law or rescission of Bye-laws or its alteration amendment shall take effect until it has been confirmed by the Director and notified by him in the Official Gazette.

Section119 Power of Government to amend Schedule
The Government may, after consulting the Board, by notification, include in, or exclude from, the Schedule, any items of agricultural produce or amend it in any other manner.

Section120 Power of write off irrecoverable fees etc
Whenever it is found that any amount due to the board or a Marketing Committee is irrecoverable or should be remitted, or whenever any. loss of the Board's or a Marketing Committee's- money or stores or other property occur through the fraud or negligence of any person or for any other cause and such money or property is found to be irrecoverable, the fact shall be reported to the Board or Marketing Committee, as the case may be, and the Board, with "the approval of the Director, and the Marketing Committee, with the approval of the Board, may order the amount or value of the property to be written off as lost, irrecoverable or remitted, as the case may be :
Provided that in the case of Marketing Committee, if in any case the amount due or the value of such property is in excess of one thousand rupees, such order shall not take effect unless it is approved by the Director.

Section121 Revision
Notwithstanding anything contained in this Act, the Government shall have the power of reversing or modifying any order of the Board or any of its officers passed or purporting to have been passed under this Act, if it is satisfied that such order is not in accordance with the provisions of this Act, or any Rule, regulation or Bye-law made thereunder.

Section122 Power to compound offences
(1) With the previous approval of the Director, the Secretary of a Marketing Committee or any other officers authorised by the Director in this behalf, may accept from any person against whom a reasonable suspicion exists that he has committed an offence under this Act or any Rules, Regulations or Bye-laws made thereunder, a sum of money by way of composition for such offence.
(2) Notwithstanding anything contained in any other law for the time being in force, on the payment of such amount of money to the Marketing Committee, the suspected person, if in custody, shall be discharged and no further proceedings shall be taken against such person.

Section123 Power to Marketing Committee and Secretary to impose penalties
(1) A Marketing Committee or its Secretary shall have the power, to impose by order, a penalty not exceeding five thousand rupees on any market functionary or agriculturist or purchaser for the contravention or any Bye-law, after giving the person concerned a reasonable opportunity of being heard.
(2) An appeal against an order under sub-section (1) shall lie to the Vice-Chairman of the Board, within such time and in such manner as may be prescribed.

Section124 Repeal and saving
(1) The Delhi Agricultural Marketing (Regulation) Act, 1976 (87 of 1976) (hereinafter referred to as the said Act) is hereby repealed :
Provided that such repeal shall not affect the previous operation of the enactment aforesaid and anything done or any action taken (including any appointment, delegation or declaration made, notification, order, regulation, direction or notice issued, Bye-laws framed, Marketing Committee established, licences granted, fees levied and collected, instruments executed, any fund established or constituted) by or under the provisions of the said Act shall in so far it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.
(2) Any area or place declared to be a market area or any place or market declared to be a market under the enactment so repealed shall, on the commencement of this Act, be deemed to be the market area or market declared under this Act; the Marketing Committee constituted for the said market area and functioning immediately prior to such commencement shall be deemed, notwithstanding anything contained in this Act, to be the Marketing Committee constituted under this Act for such market area, and where it is so declared or notified, also for the agricultural produce specified in the declaration or notification; and all the members of such Marketing Committee shall be deemed to be members nominated by the Government under sub-section (2) of Section 36.
(3) Any reference to he enactment repealed as aforesaid or to any provision thereof or to any officer, authority or person entrusted with any functions thereunder, in any law for the time being in force or any instrument or document, shall be construed, where necessary, as a reference to the corresponding provision of this Act or to the corresponding officer, authority or person functioning under this Act, and the corresponding officer, authority or person, as the case may be, shall have under such law, instrument or document.
(4) The mention of particular matters in this Section shall not effect the general application to this Act of Section 6 of the General Clause Act, 1897 (10 of 1897) as if the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (87 of 1976) had been repealed by this Act.

Section125 Power to remove difficulty
If any difficulty arises in giving effect to the provisions of this Act, the Government may, as exigency requires, by order not inconsistent with the provisions of this Act, do anything which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of two years from the commencement of this Act.

SCHEDULE 1 SCHEDULE
SCHEDULE [See Section 2(1)(a) and Section 119] SCHEDULE
[See Section 2(1) (a) and Section 119]
I.
Animal Husbandry Products
1. Butter.
2. Cattle meat.
3. Eggs.
4. Ghee.
5. Goat meat.
6. Hides and skins.
7. Milk and Milk Products.
8. Poultry.
9. Sheep meat.
10. Wool.
II. Apiculture
1. Honey.
III. Cattle feeds
1. Guwar.
2. Punvad.
IV. Cereals
1. Bajra.
2. Barley.
3. Inferior millets, for example, swank, kodra kangni etc.
4. Jowar.
5. Maize.
6. Oats.
7. Paddy (husked and unhusked).
8. Wheat (husked and unhusked).
V. Condiments, spices and others
1. Betel leaves.
2. Betelunts.
3. Cardamom and pepper.
4. Cashewnts.
5. Chillies.
6. Corriander.
7. Dalchini.
8. Garlic.
9. Ginger.
10. llaichi.
11. Long.
12. Methi.
13. Rai (mustard)
14. Sonf.
15. Turmeric.
16. Zeera.
17. Hing (Asafoetida).
18. Tulsi (Basil).
19. Tejpatta (Bay leaf).
20. Ajwain (Bishop's seed).
21. Jaiphal (Nutmeg).
22. Posta (poppy seed).
23. Peppermint.
24. Kesar (Saffron).
25. Imli (Tamarind).
26. Vanilla.
27. Sonth (Dry Ginger).
VI. Fibres
1. Cotton (ginned and unginned).
2. Sunhemp.
VI. Fruits
1. Almonds (Green).
2. Apples.
3. Banana.
4. Cherry.
5. Chickoo.
6. Fig.
7. Grapes.
8. Guava.
9. Kakri.
10. Leechi.
11. Lemon.
12. Malta.
13. Mango.
14. Melon.
15. Mosambi.
16. Papaya.
17. Peaches.
18. Pears.
19. Plums.
20. Pomegranate.
21. Santra/orange.
22. Strawberry.
23. Water melons.
24. Cocount.
25. Ber.
26. Pine-apple.
27. Sharifa (custard apple).
28. Phalsa.
29. Apricot (khurmani).
30. Japani Phal.
31. Jammun (Black berry).
32. Chakotra.
33. Loquat.
34. Mulberry.
35. Sugarcane.
36. Belgiri.
37. Water Chestnut.
38. Gulgul.
39. Khirni.
40. Dakh (Currant).
41. Pyrusmalus (Babu Gosha).
42. Maize-ear (Bhutta).
43. Khazoor (Wet Date).
44. Khatta (Lime).
45. Mitha (Sweet Lime).
46. Chestnut.
47. Kiwi.
48. Kinoo.
49. Raspberry.
50. Singhara.
VII. Grass and fodder.
IX Gur, sugar, sugarcane, Khandsari, shakhar and rashkat.
X. Narcotics
1. Tobacco.
XI Oilseeds
1. Castor seed.
2. Cotton seed.
3. Groundnut (shelled and unshelled)
4. Linseed.
5. Sarson.
6. Sesamum.
7. Taramira.
8. Toria.
XII. Pesciculture
1. Fish.
XIII. Pulses
1. Arhar.
2. Beans.
3. Gram.
4. Guara.
5. Mash.
6. Masur.
7. Moth.
8. Mung.
9. Peas.
10. Urad.
XIV. Vegetables
1. Arvi and Arvi Patta.
2. Carrots-all types.
3. Cucumber-all types.
4. Gobhi-all types.
5. Kachalu.
6. Leafy and fresh vegetables.
7. Onion.
8. Peas-all types.
9. Potatoes.
10. Tomatoes.
11. Sweet Potatoes.
12. Brinjal.
13. Gourd all types.
14. Lady Finger.
15. Halva Kaddu.
16. Ghia Tori.
17. Frassbin.
18. Bathua.
19. Sarson Leaves.
20. Green Lobia.
21. Spinach.
22. Turnip.
23. Radish.
24. Tinda-all types.
25. Kathal.
26. Jamikand.
27. Green Methi.
28. Moist chill.
29. Karela-all types.
30. Pumpkin.
31. Tamarind.
32. Chukander.
33. Moist Chilli.
34. Mait.
35. Garlic.
36. Chirchinda.
37. Tori-all kinds.
38. Parmal.
39. Kamal kakri.
40. Goose berry (karonda).
41. Mushroom.
42. Green Corriander.
43. Am la.
44. Singri.
45. Teent.
46. Lehsua.
47. Karamhela (Kamrakh).
48. Yam (Potatoes).
49. Salad (Lethus).
50. Beans (All kinds).
51. Green Turmeric.
52. Drum sticks.
53. Kachnar ke Phool.
54. Kakora.
55. Karonda.
56. Capsicum.
57. Soya (Green).
58. Amrah.
59. Lanku.
60. Kundru.
61. Phuee.
62. Kulfa.
63. Cholai.
64. Bankla.
65. Singhi.
66. Sonjna Ke Phool.
67. Bandhra.
XV. Horticulture.
1. Flowers, Cut Flowers and Potted Plants.
XVI.
Forest
Products
1. Bamboo.
2. Baheda.
3. Chiraunji.
4. Gum.
5. Honey.
6. Karela.
7. Mahua Flowers.
8. Timber.
9. Wax.

Rule

YAMUNA PAR KRISHI UPAJ SAMITI, SHAHDARA COMMITTEE BY-LAWS, 1980
In pursuance of the provisions of sub-section (4) of section 65 of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976. The following By-laws made and adopted by the Yamuna Par Krishi Upaj Mandi Samiti, Shahdara and confirmed by the Delhi Agricultural Marketing Board, are hereby notified, namely

CHAPTER 1 CHAPTER 1

Rule1 Short Title
These By-laws shall be called the Yamuna Par Krishi Upaj Mandi Samiti Shahdara Committee By-laws.

Rule2 Commencement
They shall come into force with effect from the date of their publication in the official Gazette.

Rule3 Definition
In these By-laws, unless the context otherwise requires
(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(b) 'Agricultural Produce' means all agricultural produce as notified under section 4(1) of the Act.
(c) 'Auction Site' means the place or places, in the Market approved by the Committee for auction of agricultural produce.
(d) 'Committee' means the Yamuna Par Krishi Upaj Mandi Samiti, Shahdara as constituted under section 3 of the Act.
(e) 'Licensee' means a person who is a holder of valid licence granted by the Committee.
(f) 'Office of the Committee' means the Head Office including the branch offices of the Committee, if any.
(g) 'Principal Market/Subsidiary Markets' means area/areas as may be notified under sub-section (2) of section 6 of the Act.
(h) 'Proposition' means formal proposal.
(i) 'Rules' means the Delhi Agricultural Produce Marketing (Regulation) Rules, 1978.
(j) Transporter' means a person who is either the owner or the person incharge of the vehicle employed for carrying agricultural produce for marketing in the Market Area.
(k) 'Unit' means the filling in a bag or a container as fixed by the Board for various items of agricultural produce under Rule 27(1).
(l) 'Weighing' includes putting the filled bag or container on the scale, adjustment of weight and putting it down from the scale.

CHAPTER 2 CHAPTER

Rule4 Time and Place of Meeting
A meeting shall ordinarily be held at the head office of the Committee at least once a month on the date, time and place fixed by the Chairman. The Chairman may at his own discretion or shall on requisition in writing of not less than half of the members constituting the Committee call an emergent meeting. The Chairman may for administrative convenience on a matter urgent and important, consideration of which can not wait till the next meeting, get the opinion of the Committee by circulation of papers amongst the members. The papers so circulated shall however be placed before the Committee for confirmation at its next meeting.

Rule5 Manner of Convening a Meeting and of Giving Notice Thereof
Notice of every meeting with agenda shall be issued by the Chairman or under instructions of the Chairman, by the Secretary of the Committee, at least seven days before the date of the meeting. Every such notice shall state the place, the date and the hour of such meeting. Every item of agenda shall be in the form of regular proposal complete in itself. A copy of notice shall also be sent to the Secretary of the Board or any other person authorised by him in this behalf for information. Papers relating to any subject including the agenda of any meeting shall be open for inspection to every member at the office of the Committee during the usual office hours. An emergent meeting under By-law 4 may be convened at a shorter notice but not less than two days.

Rule6 Quorum at Meeting
(1) Five members shall constitute the quorum at a meeting of the Committee.
(2) If quorum at a meeting of the Committee is not complete within half an hour of the scheduled time of meeting, or if it falls short while the meeting is continuing it shall deem to have been adjourned.
(3) No business shall be transacted at a meeting of the Committee unless there is a quorum contemplated above.
(4) If a meeting has adjourned for want of a quorum, no quorum shall be necessary for the next meeting for transaction of business.
(5) If any member fails to attend three consecutive meetings without leave of the Committee, it shall amount to a misconduct and negligence on his part and the Committee may proceed to take action against him under Section 15 of the Act.

Rule7 Conduct of Proceeding and Presidency of a Meeting
(1) Any member wishing to bring any proposition before the Committee shall give a written intimation to the Chairman of his intention of doing so, with a draft of the proposition so as to reach the Chairman at least 10 days before the date of the meeting and every such proposition shall be included in the agenda of the meeting.
(2) Any matter which is not included in the agenda shall not be brought forward for discussion at any meeting except with the permission of the Chairman of the meeting or by the vote of the majority of the members present.
(3) Every proposition other than the one brought officially by the Chairman, and every amendment shall be proposed by one member and seconded by another, and until so proposed and seconded and reduced to writing under the direction of the Chairman of the meeting, no proposition or amendment shall be discussed.
(4) Amendment to any proposition before the Committee shall be moved after the original proposition has been duly moved, seconded and recorded.
(5) Every proposition and amendment so moved shall be recorded in the Minutes Book with the name of the proposer and seconder.
(6) When a proposition or an amendment has been proposed, seconded and recorded, the members present shall be entitled to discuss the same.
(7) The Chairman may allot time to different members desirous of speaking on any proposition or amendment.
(8) When amendment has been brought to any proposition the amendment shall be put to vote first and if it is carried, it shall become a substantive proposition and shall be put to vote as such. If it is not carried, the original proposition shall be put to vote. When there are more amendments than one they shall be put to vote in the order in which they were proposed.
(9) Every meeting of the Committee shall be presided over by its Chairman or in his absence by the Vice-Chairman, but if both are absent, by any one of the members elected by the members present to act as Chairman for the occasion and such Chairman shall have, for that meeting, all the powers of the Chairman and be designated as such :
Provided that if the Chairman or the Vice-Chairman returns during the meeting, he shall resume his powers as Chairman from the temporary Chairman.
(10) The Chairman shall be responsible for preserving order in the meeting and shall decide all points of order that may be raised therein. There shall be no discussion at the points of order unless the Chairman considers it necessary to take the opinion or advice of any member present and the Chairman's decision shall be final.
(11) Any. member may call attention of the Chairman to a point of order even when a member is speaking. On a point of order being raised the member addressing the meeting shall resume his seat until the question has been decided by the Chairman.
(12) If anyone or more members present at a meeting refuses/refuse to obey the ruling of the Chairman of the meeting on any matter, he may adjourn the meeting at once and when he has declared the meeting adjourned, the subsequent proceeding of the meeting, if any, shall be void and shall not appear in the Minutes Book. In all such cases, the Chairman shall record in his own handwriting in the Minutes Book the reasons for such adjournment unless he is prevented by sufficient cause from doing so.
(13) The Chairman may after calling the attention of the meeting to the conduct of the member who persists in irrelevant or in tedious repetition of his own arguments or of arguments used by other members, direct him to discontinue his speech.
(14) The Chairman of the meeting may direct any member whose conduct, in his opinion, is disorderly to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall unless recalled by the Chairman, absent himself during that meeting. The Chairman may cause to be summarily removed from the meeting any member who disobeys any order made under this By-law.
(15) When a proposition or any amendment has been declared by the Chairman as duly carried, no further proposal for amending it shall be entertained at that meeting.
(16) The Chairman may for sufficient reason, adjourn any meeting from time to time but no business other than that left over from the previous meeting shall be transacted at the adjourned meeting unless a separate notice and a separate agenda has been issued in accordance with By-law 5.
(17) The Chairman may, for reasons to be recorded in the Minutes Book, postpone or cancel any meeting called under these By-laws. This information should reach the members before the date of the said meeting.

Rule8 Manner of Voting
(1) Except as otherwise provided in the Act, Rules or By-laws, all questions that may come up before a meeting of the Committee shall be decided by majority of votes of the members present and in case of equality of votes the Chairman of the meeting shall have and may exercise a second or casting vote.
(2) Voting shall be done by show of hands. Voting by proxy shall not be permissible and any member may decline to vote on any subject without assigning any reasons thereafter.

Rule9 Proceedings of the Meeting
(1) Proceedings of the Committee shall be recorded in Hindi by the Secretary of the Committee under the instruction and the supervision of the Chairman of the meeting and shall be signed by the Chairman.
(2) Recorded proceedings of the meeting shall be read out in the next meeting of the Committee as the first item on the agenda and the members who were present in the former meeting shall have the right to question the correctness of the recorded proceeding, which shall be corrected with such modifications as may be decided upon to bring therein conformity with facts. In case of any dispute about the correctness of the proceedings, the matter shall be decided in -accordance with the majority of votes of the members who had attended the former meeting and are present.
(3) Proceedings of each meeting shall be recorded in the Minutes Book kept by the Committee for the purpose and shall be placed on the table of the Committee for reference by the member thereof and shall at all reasonable times and without any charge be open to their inspection. The Secretary of the Committee shall keep the Minutes Book in his custody.
(4) A resume of every discussion with the number of votes for and against such motion or amendment shall be recorded by the Secretary under instructions of the Chairman of the meeting. A complete and accurate record shall be kept in the Minutes Book to indicate whether a member did not cast vote or votes for or against a proposition on an amendment. If a resolution is based on a certain report, letter or document the substance of such report, letter or document shall be incorporated in the Minutes Book.

Rule10 General
(1) A member of the Committee may ask for information regarding anything done or purported to be done by the Market Committee or regarding the affairs of the Committee by written notice and shall be supplied with such information by the Chairman of the Committee. The requisition for such information shall reach at least four days before the meeting in the office of the Committee :
Provided that the Chairman may refuse to supply any information disclosure of which in the opinion of the Chairman would be against the interest of the Committee.
(2) Except with the recorded consent of not less than half of the total members of the Committee, no subject once finally disposed of, shall be reconsidered within one month.
(3) No member shall be entitled to attend a meeting in which a matter in or against his interest is to be discussed.

Rule11 Powers and Duties of Members
Every member of the Committee shall be watchful over the activities of the Market functionaries in the Market and all cases of contraventions of the Act, Rules and the By-laws shall be reported to the Chairman of the Committee or the Secretary then and there.

CHAPTER 3 MARKET COMMITTEE FUND EXPENDITURE AND ACCOUNTS

Rule12 Market Committee Fund
(1) All remittances to a bank shall be accompanied by a challan in duplicate and a pass book.
(2) All entries made in the pass book by the bank official shall be examined by the Secretary or such other officer as may be authorised by the Chairman after such transactions and if any discrepancy is discovered, it shall at once be brought to the notice of the bank and the Committee.

Rule13 Budget
The Market Committee shall annually hold a special meeting during the first week of December, to prepare a budget of Income and Expenditure for the ensuing year. The budget shall be submitted to the Secretary of the Board not later than 25th December for approval. The abstracted account of receipts and expenditure of the previous financial year shall be submitted to the Secretary of the Board not later than 1st June. No expenditure shall be incurred for which there is no sanctioned budget provision unless it is met from the savings from other heads to be located for reappropriation with the approval of the Secretary of the Board.

Rule14 Travelling Allowance to Market Committee Members
Travelling Allowance may be paid to members of the Market Committee for journeys undertaken and for halts to attend meetings in connection with any work of the Committee for which a member/members has/have been so deputed at such rates as are prescribed under the rules.

Rule15 Passing of Urgent Expenditure
Subject to rule 9(3) while passing any bills for urgent expenditure, the Chairman shall record his reasons as to why he considers the expenditure of an urgent nature. The expenditure so incurred shall be placed for approval before the next meeting of the Committee. No expenditure shall be incurred unless there is budgetary provision duly approved by the Committee.

Rule16 Authority Who Can Pass Bills in the Absence of the Chairman
All cheques drawn on the Market Fund kept in the scheduled nationalised bank shall be signed by the Chairman or Vice-Chairman and the Secretary jointly.

Rule17 Execution of work
Work for which there is provision in the budget shall be executed with administrative approval of the Secretary of the board or any other officer authorised by him.

Rule18 Imprest
The Committee shall decide the maximum amount of imprest which shall be kept in the custody of the Secretary of the Market Committee subject to the approval of the Secretary of the Board.

CHAPTER 4 CHAPTER

Rule19 Market Fee
Subject to Rule 34 the Market Fee shall be paid on ad valorem basis at the rate of one rupee per hundred rupees worth of produce purchased.

Rule20 Exemption from Payment of Fees
No market fee shall be levied on the sale or purchase of any agricultural produce in respect of which such fee has already been paid in the market area.

Rule21 Refund of Certain Amounts Due
(1)
(a) If any sum has been deposited for the grant of a licence which has not been issued; or
(b) A person has wrongly applied and paid for and been granted two or more licences of the same nature for the market area; or
(c) Any market fee has been recovered in excess of the amount actually due; or
(d) Any market fee has been recovered on a transaction which is exempt under these Rules; or
(e) Any money has been paid by mistake. The Chairman of the Committee shall on a written application being made within six months of such deposit and after such enquiry as he may consider necessary order the refund of preparing appropriate amount, which shall be repaid to the person concerned after proposing refund bill out of the market fund.
(2) The application for refund shall contain such particulars as are necessary to enable the amount of refund claimed to be traced.

CHAPTER 5 CHAPTER

Rule22 Grant of Licence
(1) All applications for licences may be tendered in the office of the Committee and on the form prescribed for the purpose and shall be accompanied by full fee, Security amount and copies of documents and proof of legal possession over the business premises in all cases.
(2) All applications received shall be chronologically entered in the register maintained for the purpose by the Committee.
(3) Acknowledgment of the receipt of application, fee and security shall be issued by the Secretary or any other officer authorised by the Committee.
(4) After making such enquirles as may be deemed fit and satisfying itself about the correctness and the completeness of the application, the Committee shall grant a licence to the applicant.

Rule23 Non-Transferability of Licence
(1) Every licence issued by the Committee is valid for the person in whose name it is issued. The licensee shall not transfer or sublet or otherwise assign the licence granted to him.
(2) A licence shall automatically stand cancelled, if it is transferred or sublet.

Rule24 Marketing of Agricultural Produce Retail sale
All sales to a person other than a trader or a commission agent of one or more than one agricultural produce in a day not exceeding 5 quintals shall be construed to have been made in retail sale.

Rule25 Sale of Agricultural Produce
(1) Agricultural produce intended for sale shall be brought into the market in such manner and at such time as the Committee may from time to time specify.
(2) All vehicles and persons with head-loads entering the market must pass through the entrance gate after obtaining the necessary gate pass issued by the Committee at the time of entry and on payment of prescribed fee.
(3) All consignments of agricultural produce processed or unprocessed arriving in the market area for purposes of sale shall be brought into the principal market/subsidiary market in the first instance.
(4) As soon as the vehicle load or head-load arrives at the premises of the commission agent it will be incumbent on such commission agent to get them unloaded on the auction site for inspection of purchase.
(5) Soon after the transaction is over the purchaser shall arrange its counting or weighment through a licensed weighman. The weighman shall execute weighment slips in triplicate on Form B-1. The first copy shall be delivered to the seller, the second to the commission agent and the third retained by himself. It shall be incumbent on every weighman to produce his weighment books in the office of the Committee for inspection every day.
(6) On receipt of the weighment slip the commission agent will execute his bill in Form J appended to the rules.

Rule26 Method of Sale
(1) All sales as far as possible shall be effected in lots or by sample, through open auction and in the presence of a representative of the Committee.
(2) Daily auction shall start and end in all blocks in the market at such times as may be decided by the Committee.
(3) Only licensed buyers shall be allowed to offer bids in auction. All the prospective buyers should assemble at the auction sites at least half an hour before the start of auction.
(4) If any trader, commission agent or any other person is found trading in contravention of the instruction issued by the Committee in this behalf, the Chairman, Secretary or any other officer of the Committee duly authorised by it may take his goods into his possession and dispose it of in the manner as may be specified by the Committee after consideration of the reply given in response to the showcause notice.

CHAPTER 6 MISCELLANEOUS

Rule27 Acceptance of Bids
Ordinarily, agricultural produce shall be sold to the highest bidder. The seller, however, shall have the option to refuse to sell to the highest bidder or to postpone, the sale of his produce to a later hour or date.

Rule28 Units of Quotation
All licensed traders or commission agents shall give their quotation only in terms of such unit/units as are specified by the Market Committee with the previous approval of the Secretary of the Board.

Rule29 Storage
(1) The agricultural produce brought into the market when unsold shall be stored in the godown owned or hired by the licensed trader for that purpose with prior intimation to the Committee. The goods so stored shall be weighed in the presence of the seller or his representative at the time of storing and acknowledgment indicating the kind and quality of goods shall be given by the Commission agent to the seller.
(2) The owner of the godown in which agricultural produce has been stored or is withdrawn shall intimate the Committee about the stored produce on Form B-2.
(3) The Committee may issue such direction, as it thinks necessary for regulating the storage of agricultural produce in the market area.

Rule30 Trading Hours and Closing Days
(1) The market shall open on all days except Sunday or any other day fixed by the competent authority and on other National Holidays during the year as may be decided by the Committee from time to time.
(2) The Chairman or in his absence the Vice-Chairman with the written consent of two members may under compelling circumstances order that trading on any particular day shall commence and terminate at hours other than those specified by the Market Committee in respect of auction and trading.

Rule31 Duties of Licensed Traders and Commission Agents
(1) Every licensed trader shall furnish a daily report in Form L, as in Rule 35(1) of the purchases and/or sale made by him or through him within the market area and all such other returns as may be required by the market committee.
(2) It shall be the duty of the buyer or his agent, if any, to examine the agricultural produce closely and make a separate note of the quality etc. of the lots to be sold by the sellers and/or their commission agents half an hour before the sale time, so that he may bid when the produce is auctioned by the Market Committee. When the rate is fixed the transaction shall be entered in the form prescribed by the Committee. The bargain so struck shall be binding on both the parties.
(3) Every trader acting as a commission agent shall keep regular and separate accounts of his sales and purchases. Such an account shall be produced for inspection on demand by the Chairman or other members of the Market Committee or the Secretary and the Inspector of the Market Committee.
(4) All traders shall have their weights and measures or weighment scales or machines kept in prominent places. No weighing or measurement shall be done after the trading hours prescribed by the Market Committee.
(5) All weighments and measurements of agricultural produce in spot or ready auction shall be made on the day of purchase. If for any unavoidable reason, weighing is not possible on the same day it shall be done on the next day and the rate of purchase shall be the rate originally agreed upon.
(6) The accounts in respect of the sale and purchase of agricultural produce and other such dealings shall be kept in the form approved by the Market Committee and they shall furnish the details of the daily transactions made.
(7) Every commission agent shall prepare a receipt in quadruplicate in the prescribed form supplied by the Market Committee on payment. The original receipt shall be given to the seller at the time of payment of sale proceeds, the duplicate shall be submitted to the Market Committee the following day, triplicate shall be given to the buyer and fourth copy shall be retained by the commission agent for his record. Where no commission agent is engaged the buyer shall prepare the receipt in triplicate and shall distribute the same as above. General

Rule32 Assistants of Traders and Commission Agents
(1) Traders and commission agents may employ assistants to work on their behalf, in the principal market yard or in the market area.
(2) The maximum number of such assistants shall be such as the Market Committee may from time to time determine.
(3) The names and addresses of such assistants shall be stated in the application for a licence by trader and a commission agent as the case may be.
(4) No person other than those whose names appear in the licence of a trader and commission agent shall be allowed to work in the market area on his behalf.
(5) The licence of a trader, commission agent, or broker is liable to be cancelled if he allows or continues to allow any person/persons whose names does not/do not appear in the register of the Market Committee to operate in Market Area, on his behalf irrespective of whether the person/persons was/were once an authorised assistant on his behalf.
(6) The Market Committee may refuse to grant a licence to a trader or commission agent, if, in its opinion any one or more of the assistants, whose names are stated by the firms in his application are not such that their operation in the market area are likely to further the efficient working of the market.
(7) On valid grounds the Market Committee may at any time remove any of the names of the assistants from the names appearing in the licence of a trader or commission agent. The person whose name has been so removed shall not be allowed to work on behalf of his employer anywhere in the market area.
(8) All acts of assistants shall be deemed to have been performed by their employers, who shall be fully responsible for the same.

Rule33 Duties of weighmen, measurers and surveyors
(1) Every licensed weighman or measurer or surveyor shall keep such book or books and in such manner and render such daily and monthly returns at such time and in such form as the Market Committee may prescribe from time to time with the approval of the Secretary of Delhi Agricultural Marketing Board.
(2) He shall render such assistance in collection and prevention of the cession of the market fee and of any breach of Rules and By-laws as may be required by the Market Committee.
(3) He shall not take up any service under a trader or a commission agent.
(4) He shall send the weighment and measurement books daily to the office of the Market Committee for verification.
(5) Every weighman and measurer shall use only the standard weights and measures.

Rule34 Prevention of Unauthorised Persons from Operating in the Market Area
(1) The Chairman, the members of the Market Committee, the Secretary and any other employee of the Committee shall be empowered to demand the production of such proof of his bona fides from any person/persons suspected of operating in the market area without proper authorisation.
(2) All licensees shall report to the Market Committee all cases of operation by persons suspected to be operating without a licence and/or badges etc.

Rule35 Badges and Token to be Worn
(1) Every weighman and measurer and palledar shall be supplied free of cost with a suitable badge as soon as the licence is issued.
(2) In case of loss, mutilation or any other defacement of the badge the Committee shall be entitled to require the licensee to reimburse to the committee the cost of the badge as decided by the Committee or by any other officer empowered in this behalf.
(3) Badges shall be worn only by the person holding a licence in respect of which such badges are granted and are in any case not transferable. A breach of this By-law shall cause the cancellation or suspension of the licence.

Rule36 Equipment
The Committee shall direct the traders, the commission agent, the weighman, the measurer and the surveyors to keep such equipment as it thinks necessary.

Rule37 Price to be Fixed for Produce
The price/quotation given or communicated by the traders or the commission agents shall be deemed to be for the agricultural produce only and not for the articles used as a container thereof unless otherwise specifically provided in the By-laws.

Rule38 Counter Balance in Weighment
The weighman, when the produce is weighed, shall in each case clearly state in his weighment slip, the counter balancing weight equivalent to the weight of the rope or gunny bags or any other article used as a container for the agricultural produce weighed, which was added on the weight side of the scale.

Rule39 Payment of Sale Proceeds
It shall be incumbent on the buyer to settle the accounts and to make arrangements for prompt payment of sale proceeds. In the case of agriculturist seller, the sale proceeds shall be paid immediately after the transaction is over.

Rule40 Advance to Agriculturist
All licensed commission agents shall keep Pa separate account book in respect of each borrower for the advance given by them.

Rule41 Disposal of Complaints
On receipt of a written complaint regarding matters relating to the sale and purchase of agricultural produce in the market, the Secretary shall conduct an enquiry and shall make a report to the Chairman. The Chairman shall take such steps, as he thinks necessary, in accordance with the provisions of the Act, Rules and By-laws.

Rule42 Publication of Directions
(1) All directions issued by the Market Committee for the general guidance of the persons using the market shall be deemed to have been published when notices/containing such directions are pasted on the notice board.
(2) The Market Committee may, if it thinks necessary, cause such notices to be served on the persons concerned or to be published in the local newspapers.

Rule43 Licensee to Assist in Smooth Working of the Market
The Market Committee may with the previous sanction of the Board take any action as it deems necessary e.g., suspension, cancellation or debarment from holding a licence from the Market Committee or the forfeiture of a part or the whole of the deposit/security kept with the Market Committee, against any person, who in its opinion is responsible for such commission or omission, as is calculated to impede the smooth working of the market.

Rule44 Inspection and Submission of Account Books etc
(1) All traders and commission agents may be required to submit for examination and inspection their account books, ledgers, etc. on demand by the Chairman or in his absence the Vice-Chairman or the Secretary of the Market Committee.
(2) Such inspection shall be limited to obtaining information relevant to the matter under investigation, and information so obtained shall be used only for the legitimate purposes of the Market Committee.

Rule45 Composition of Offences
When an offence committed under the Act or Rules or By-laws made thereunder, is resolved to be compounded under section 70 (1) the Committee may in addition to the fee or additional fee levied may levy on the defaulter a penalty not exceeding the amount equal to the amount of fee.

Rule46 Publication of Proceedings
Proceedings of the Market Committee or any of its sub-committees shall not be published in the press by any person unless so authorised by the Chairman.

Rule47 Sale of By-laws
The Market Committee shall make available copies of by-laws for sale at a price of five rupees per copy.

Rule48 Market Intelligence
(1) The Market Committee shall collect the data of prices and furnish the same to the authorities according to the direction given by the Director.
(2) It shall collect information relating to arrival along with their places of origin, stock despatches, destinationwise and submit weekly reviews and returns on the prescribed proforma every Friday.
(3) The information relating to ruling prices shall be sent by Telegrams/Telephone to quarters concerned or any other agency suggested by the Director.
(4) The Market Committee shall disseminate weekly market reports covering the above data to all the panchayats of the market area for the information of the producers.
(5) The daily ruling market prices shall be displayed by the Committee on the notice board. It may get prepared charts, graphs and other statistical data, relating to the marketing and display the same in its office.
(6) The Market Committee shall follow any other instructions given to it by the Director from time to time in this behalf.

Rule49 Market service fee and incidental service fee
(1) No functionary shall charge, in any transaction amount more than the maximum amount thereafter provided for his services actually rendered : Charges Payable By Seller
Paise per Qtl.
(1)
(a) Unloading per bag of foodgrains, Sarson Paddy, Taramira, etc.
15
(b) Loose corn of foodgrains etc.
05
(c) Unloading of per katta of equivalent quantity Of open Gur, Shakkar and Khandsari, etc.
08
(2)
Jharai per bag
00.12
(3)
Charahi :
(a) Charahi per bag of foodgrain
00.04
(b) Charahi of Gur Shakkar per katta
00.03
Amount Payable By Purchaser
(4)
Weighing :
(1)
(a) Weighing of foodgrains per bag
00.15
(b) Weighing of Gur, Shakkar etc., per katta
00.08
(2)
(a) Commission (Dami) of all kinds of
Commodities
1.50 percent
(b) Commission (Dami) Chillies
2.50 percent
(3)
Arhat of all commodities
1.00 percent
(4)
Filling and sewing per bag or katta
0.13 percent
R s. Paise
(5)
Dhuwai :
(a) Dhuwai per bag of foodgrains,
Cotton-seed Khal, Churi etc.
00.20
(b) Dhuwai of Gur, Shakkar etc. per katta
00.12
(c) Dhuwai of chhilka
00.10
(b) Dhuwai of Khanda
00.15
(6)
Takai :
(a) Takai of foodgrains, Gur, Shakkar etc. per bag
00.15
(b) Takai of Chilka per bag
00.08
(c) Takai of Khanda per bag
00.10
(7)
Ralai per bag
00.07
(8)
Loading of all commodities per bag
00.13
Note. I Unloading from trucks and then weighing or to make in lots from one shop to another
00.20 Paise excess than specified above
Note. Removing bags from one phar to another and heaping them.
00.20 paise excess than specified above.
(2)
No charge shall be leviable in the market if not provided in these By-laws.

APPENDIX B Agricultural Produce Market Committee
Form
[See By-law No. 25(5)]
Agricultural Produce Market Committee
Form No. B-1
[See By-law No. 25(5)]
Weighment Counting Slip
No.. Dated. ..
Name of the Weighman.. .. . Licence No. ..
Gate Pass No. Name of produce Quality/ Weight/ Number Weight of container/Number of containers Net weight/ Quantity in No.
Signature of weighman

APPENDIX B1 Agricultural Produce Market Committee
Form
[See By-law 29(2)]
Agricultural Produce Market Committee, Najafgarh Delhi
Form No. B-1
[See By-law No. 25 (5)]
Weighment Counting Slip
No Dated
Dated
Name of Weighman Licence No
Gate Pass No. Name of Produce Quality/ Weight/ Number Weight of Container & Number of Containers Net Weight/ Quantity in No.
Signature of Weighman.

DELHI

AGRICULTURE PRODUCE MARKETING (REGULATION) (GENERAL) RULES, 1978

DELHI

AGRICULTURE PRODUCE MARKETING (REGULATION) (GENERAL) RULES, 1978

CHAPTER 1 PRELIMINARY

Rule1 Short title and commencement
(i) These rules may be called the Delhi Agricultural Produce Marketing (Regulation) (General) Rules, 1978.
(ii) They shall come into force at once.

Rule2 Definitions
(i) In these rules, unless the context otherwise requires
(a) "Act" means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976;
(b) "buyer" includes a person buying any agricultural produce on behalf of any other person as his agent or servant or as commission agent;
(c) "co-operative society' means a co-operative society registered or deemed to be registered as such under the Delhi Co-operative Societies Act, 1972 or any other corresponding law for the time being in force which deals in and holds a licence for a marketing agricultural produce or for operating as process or in respect of agricultural produce;
(d) "Development Commissioner" means Development Commissioner, Delhi Administration, Delhi;
(e) "export" means the export of agricultural produce outside India;
(f) "financial year" means the year commencing on the 1st day of April and ending on 31st March, next following;
(g) "form" means a form appended to these rules;
(h) "incidental service fee" means the fees payable by the seller;
(i) "licence" means a person 'holding a licence issued under these rules or the rules thereby repealed;
(j) "maintenance" in relation to house shall include the payment of local rates and taxes and charges for electricity and water;
(k) "market service fee" means the fee payable by the buyer;
(l) "market functionaries" means the functionaries determined as such in its bye-laws by a committee;
(m) "marketing" means and includes transportation, weighment, sale, purchase, processing or storage of agricultural produce;
(n) "notice board" means the board placed in or near the office of a committee for the purpose of displaying notices thereon;
(o) "palledar" means a person who assists in loading, unloading, weighing, measuring, cleaning and dressing of agricultural produce;
(p) "person" includes a firm and company whether private or public;
(q) "progressive agriculturist" means an agriculturist who in the opinion of the Director, carries on agricultural practices on improved lines;
(r) "section" means section of the Act;
(s) "seller" includes a person selling agricultural produce, on behalf of any other person as his agent or servant or commission agent;
(t) "vehicle" includes a motor vehicle, a boat or other vessel, animal or conveyance of any kind;
(u) "warehouse man" includes a person or firm owning or operating a cold storage, godown or warehouse.

Rule3 Procedure for holding enquiry for considering objection and suggestions
(i) The Administrator may, if he considers necessary so to do, authorise any officer to enquire into any suggestions and objections received by him to the notification issued under section 3 of the Act and require the officer to submit to him his report within a reasonable time.
(ii) The Administrator or the officer so authorised may by notice require the persons making the suggestions and objections to appear before him not earlier than fifteen days from the date of the notice in person or through a representative at the place and time specified in the notice.
(iii) The Administrator shall after considering the suggestions and objections received by him and after hearing the persons either by himself or by the officer so authorised, decide the question of regulating marketing of agricultural produce in the area specified in the notification. After the question is decided, the Administrator may issue the notification under sub-section (1) of section 4 in terms of such decision.

CHAPTER 2 BUDGET AND ACCOUNTS

Rule4 Budget and Board
(i) The Board shall meet not later than the first week of January every year to pass the budget for the next financial year;
(ii) The budget passed by .the Board shall be submitted to the Administrator, not later than 31st January preceding the year to which the budget relates, for his sanction;
(iii) No expenditure shall be incurred by the Board unless there is a specific provision in the budget for the same;
(iv) The Board may re-appropriate any amount from one Head of Account to another without approval of the Administrator, but within the overall budget allotment sanctioned by the Administrator;
(v) The Board may prepare supplementary budget wherever necessary and obtain prior approval of the Administrator before any expenditure, not provided in the original sanctioned budget, is incurred.

Rule5 Budget of Committee
The provision of rule 4, so far as the preparation, submission, approval and the incurring of expenditure by the committee is concerned, shall apply mutatis mutandis for the preparation, finalisation and submission for sanction of the budget estimates of the committee by the Board. The re-appropriation from one Head of Account to another Head of Account will be done only with the prior approval of the Board.

Rule6 Allowances to Members of Board and Committees
(i)
(a) A member of the Board shall be paid a sitting allowance of 11. Subs, vide Noli. No.F/l(4)/88-DAM Est. Dt. 1.6.1990. [Rs. 100.00 (one hundred Rupees) only for attending each meeting of the Board or its Committee or sub-committee subject to a maximum of 22. Subs, vide Noti. No.F/l(4)/88-DAM Est. Dt. 1.6.1990. [Rs. 1000 (One Thousand Rupees)] only in a month.
(b) A member of the Board shall be entitled to travelling allowance for journey undertaken by him for the work of the Board for which he may be deputed by the Board or its Chairman at the maximum rates admissible to an officer of Group 'A' of Delhi Administration.33. Notification No. F.6(2)/85-DAM/779-808 dt. 19th February, 1986.
(ii) For journey undertaken by the members of the Committee for attending meeting or meetings and for any other work of the Committee, for which they are deputed, they shall be paid travelling allowance/daily allowance at the maximum rate as admissible to Class I officer of Delhi Administration subject to the maximum of ten daily allowances per month. Explanation. For the purpose of this rule, a meeting of the Board or as the case may be, a meeting of the Committee shall include meeting of its sub-committee.

Rule7 Allowances and other facilities admissible to the Chairman of the Board
In case a serving officer is appointed as Chairman of the Board in addition to his own duties, he shall draw the same scale of pay he is getting as such and will be paid other additional allowances as may be approved by lending authority/appointing authority as per normal financial rules.

Rule8 Allowances and facilities admissible to the Secretary of the Board
The Secretary of the Board, in addition to the pay and allowances drawn from the Government would also be paid additional allowances and may be approved by lending authority/appointing authority as per normal financial rules.

Rule9 Accounts of the Board and Market Committees
(i) The amount to the credit of Market Development Fund and Market Fund shall be deposited in their respective accounts in any of the scheduled banks.
(ii) All payments to be made by the Board and Committee, except from the imprest, shall be made by cheques;
(iii) No cheque shall be drawn except against a bill which has been examined and passed by an officer of the Board duly authorised by it in this behalf in case of Board, and by the Chairman and Secretary of the Committee in the case of Committees;
(iv) No bill shall be prepared unless there is budget provisions for incurring the expenditure;
(v) Purchases upto Rupees Two hundred may be made without calling quotations but purchases between Rupees two hundred one to Rupees ten thousand shall be made by calling sealed quotations or tenders and the purchases exceeding Rupees ten thousand will be made by inviting quotations/tenders through advertisement in the newspaper :
Provided that in the matter of purchases, preference will be given to Government patronised or co-operative institutions;
(vi) A receipt in form K shall be issued forthwith for the money receipts in the Board of the Committees as the case may be;
(vii) In the matter of maintenance of accounts and audit in the Board and the Committees, instructions issued by the Secretary of the Board or by the officer so authorised by him shall be observed;
(viii) The accounts of all receipts and expenses shall be maintained by the Secretary of the Committee and the Board and shall be subject to audit;
(ix) The balance remaining after meeting the initial expenses of the Board and the Committee, may be invested in short term or long term deposit schemes of the Government and scheduled banks or in other schemes as may be approved by the Administrator in case of market development fund and by the Secretary of the Board, in case of market fund.

Rule10 Remittance
(i) The contribution payable by the Committees to the Board under section 39 of the Act shall be remitted by the Committees every month;
(ii) If the remittance of contribution is delayed by a period of over three months without reasonable cause or excuse, it shall be considered as a default in the performance of duties on the part of the Chairman of the Committee.

Rule11 Audit of Accounts
(i) The accounts of the Board shall be got audited by a Chartered Accountant to be approved by the Board once a year immediately after close of the financial year and the audit report of the Chartered Accountant shall be submitted to the Development Commissioner by 30th September of the succeeding year;
(ii) Payment of audit fee for the audit of the accounts of the Board shall be made by the Secretary of the Board after getting sanction of the same from the Chairman of the Board;
(iii) The accounts of the Market Committee shall be got audited once in a year after the close of the financial year by a Chartered Accountant appointed by the Secretary of the Board by 30th September of the succeeding year;
(iv) Audit fee on the accounts of the Market Committee shall be paid by the Committee at such rates as may be approved by the Secretary of the Board from time to time;
(v) The Development Commissioner may depute any officer to inspect the Accounts of the Board at any time if he deems fit. The Secretary of the Board shall produce all books of accounts etc. to such officer for the inspection;
(vi) The Secretary of the Board shall himself or depute any officer to inspect the cash and Store Accounts of the Market Committee at least half yearly and it shall be the duty of the Market Committee to afford all facilities and produce all documents for such periodical inspection;
(vii) At the time of audit, the Secretary of the Board or any other officer authorised by him, in case of audit of this account, or the Chairman or any other member of the Market Committee or officer authorised by him in case of audit of accounts of a Market Committee, shall produce or cause to be produced all accounts, registers, documents and other relevant papers which may be called by the audit officer for the purposes of audit. Any explanation called by such officer for the settlement of any discrepancy shall also be immediately furnished to him.

CHAPTER 3 GRANT RENEWAL, SUSPENSION OR CANCELLATION OF LICENCE

Rule12 Grant of Licences
(i) A person desirous of obtaining a licence under section 34 shall apply in Form A or D, in duplicate to the Secretary of the Committee in whose jurisdiction he wishes to carry on his business or marketing of agricultural produce and shall deposit with the committee, the requisite licence fee and requisite security in cash;
(ii) The licence fee and the security for licences issued under this rule shall be as under :
Details Indicating the Charges Payable by the Purchasers, Commission Agents and the Sellers to the "Palledars" for market service fee etc.
s. no.
Particulars of Market Charges
Amt. Payable (in Rs.)
(1)
(2)
(3)
"A"
Market Service Charges Payable by the Seller
1.
Unloading and stocking per bag (approx. weight 80 Kg.)
0.55
2.
Unloading of stock brought in loose heaping of the stocks per quintal
0.55
3.
Takai:
(a) Per bag upto 50 Kg.
0.30
(b) Per bag above 50 Kg.
0.40
4.
Jharai per bag (single)
0.55
Jharai per bag (double)
0.55
(for each subsequently Jharai)
5.
Filling into bags, putting the bags on the
weigh-bridge and weighing per bag
0.80
6.
Filling into bags, stitching and stocking in the
shop godown per bag
1.10
(only in case the seller does not sell the produce and the same is kept in godown)
"B"
Market Charges Payable by the Purchaser
1.
Removing the bags from the weigh-bridge, stitching of bags and loading into the transport vehicle/stocking in the godown per bag
1.00
2.
Takai :
(if it is a post sale operation)
(i) per bag upto 50 kg.
0.30
(ii) per bag above 50 kg.
0.50
3.
Cartage charges in rehari, etc. from one point to another point in the entire principal yard per bag
1.25
4.
Making dara, i.e., mixing of different varieties of 2.60 produce, refilling into bags/weighing, stitching and (without kaat) loading or stocking per bag
2.85
(with kaat)
5.
Loading from shop per bag
0.70
6.
Commission/Brokerage
2.00
(per hundred)
7.
Arhat
1.50
(per hundred)
Form B-1
[See By-Law No.25(5)]
Weighment Counting Slip
No Dated.
Name of the Weighman. . Licence No.
Gate Pass No.
Name of produce Quality/ Weight/ number Weight of container/Number of container Net weight/ quantity in No.
1
2
3
4
5
Signature of weighman
Form B-2
[See By-law 29(2)]
No..
Date..
Received the following agricultural produce from......
Name of the Warehouseman with Address........
Issued the following agricultural produce to........
STORAGE
WITHDRAWAL
Name of Agricultural Produce
No. of Packages/ Bags Weight
R. No.
No. of Packages/ Bags
Weight
1
2
3
4
5
6
1.
2.
3.
4.
5.
Rate. (Period)
For
Signature of Warehouseman Storage charges paid Received the above goods in good and satisfactory condition with a copy of this Form.
Signature of the owner of produce.
By resolution of Delhi Agricultural Marketing Board No 14/84 date 27.4.84.
Provided that the functionaries referred to in clause E will not be allowed to purchase from the Commission Agents except when so allowed by the Chairman of the Committee.
(iii) No Palledar, thella, rehra, rickshaw, tempo or truck (commercial carrier) plying on hire be allowed to operate in the market area except under a licence granted by a market committee;
(iv) Provided that if any owner or driver of thella, rehra, rickshaw, tempo or truck does not apply for getting licence under this rule, he shall pay per trip fee as may be fixed by the Administrator;
(v) For the purposes of regulating the entry of person and of vehicplar traffic into the market in accordance with the provision of clause (a) of sub-section (2), of section 25, no person other than one having a valid licence having intention to carry on the business of selling and purchasing agricultural produce shall enter or attempt to enter the market when directed not to do so by an officer authorised by the Market Committee in this behalf or when he refuses to abide by the instruction of such officer in regard to the payment of per trip fee as determined;
Explanation. For the purpose of this clause 'person' shall include a vehicle.
(vi) In case of licences issued before coming into force of these rules, the above rate of licence fee and security shall be applicable with effect from 1st April, 1978. These licenses shall obtain new licences in accordance with the rules with effect from 1.4.78 and shall pay licence fee/security as per these rules;
(vii) Unless otherwise provided in the licence, each licence issued under these rules shall expire on the 31st day of March following the date of issue;
(viii) All classes of traders, weighmen, measurers and other functionaries operating in the'market area shall pay fees as scheduled above for each financial year or any part thereof for obtaining licences;
(ix) The Secretary of the Committee shall, on receipt of the application form ensure that necessary licence fee and security have been deposited and shall, after verifying the correctness of the facts stated therein put up the same to the 'Committee;
(x) The Committee may grant a licence to the applicant in Form B of E or E-2, as the case may be. The licence shall be subject to the conditions mentioned therein;
(xi) A record of the licences issued under this rule shall be maintained by the Committee in Form C;
(xii) The security will be released by the Committee three months after the date of the closure of the business and on production of the clearance certificate issued by the Secretary of the concerned Committee;
(xiii) A licensee may apply for the change of the category of licence at any time by paying the respective fee and security for the licence of the changed category;
(xiv) Where a Market Committee has not been constituted or has not started functioning, the licence shall be granted by the Director. The provisions of sub-rules (i) to (xiii) of this rule shall, as far as may be, apply to the grant of licences by the Director;
Provided that the licence fee so realised will be credited to the Marketing Development Fund.

Rule13 Persons exempted from taking licences
(i) The following persons shall be exempted from taking licence for the purchase of agricultural produce :
(a) Confectioner and purveyor of parched, fried or cooked food;
(b) person using kuhlu, provided that the number of kuhlus installed by him in the market area is not more than two;
(c) hawkers, having no fixed premises of business;
Provided that in the case of persons mentioned in clauses (a) and (b), the purchase shall be made for meeting the vocational needs only of the persons concerned.
(ii) The following shall be exempted from taking a licence for the sale of agricultural produce :
(a) scheduled banks when proceeding against any agricultural produce belonging to a producer or a licensee to whom money has been advanced against the security of such agricultural produce; and
(b) hawkers who do not engage in any dealing in agricultural produce other than such hawking;
(iii) The following shall be exempted from taking licence for processing of agricultural produce, namely :
(a) Chakkiwalas (including hullers and pulverisers) who do not make any sale or purchase of agricultural produce but have installed their chakkis including hullers and pulverisers only for grinding agricultural produce for consumers;
(b) persons engaged in hand pounding of paddy only.
(iv) Scheduled banks storing agricultural produce pledged with them by producer or a licensee to whom money has been advanced against the security of such agricultural produce shall be exempt from taking licence in respect of storage business;
(v) If a dispute arises whether a person is entitled to exemption under this rule or not, the Secretary of the Board shall decide the case after giving the affected person an opportunity of being heard. His decision shall be final. Explanation. For purposes of clause (c) of sub-rule (i), clause (b) of sub-rule (ii) of this rule, hawker includes a person engaged in selling agricultural produce by means of mobile vehicle, such as cycle, rickshaw, rehra, etc. and also includes the head-load vendors (Pheriwala).

Rule14 Change in style and membership of form
(a) Where the firm changes its name without any changes in membership thereof, an intimation thereof shall, within two weeks from the date of such change, be given to the Secretary of the Committee. The Secretary of the Committee, on being satisfied about the correctness of the intimation, shall order necessary corrections to be made in the licence;
(b) Notwithstanding anything contained in sub-rule (a) if the firm fails to give necessary intimation to the Secretary of the Committee within the specified time, the change in the membership or the name of the firm, as the case may be, it shall be deemed to result in the constitution of a new firm necessitating the grant of a fresh licence. Nothing in this rule shall apply in the case of a licence granted to a co-operative society.

Rule15 Renewal of licence and issue of duplicate thereof
(i) A licence shall be valid for the period for which it is issued and shall, subject to any order passed, be renewable by competent authority on payment of fee prescribed for the issue of such licence. Renewal application shall be made in Form F or G, whichever relevant;
(ii) If any year is excluded from any market area and included in another one, the licences issued for the area so excluded shall be deemed to have been issued by the Committee of the market area in which the area is included and shall be renewable by the Committee of that area;
(iii) An application for the renewal of licence shall be made at least thirty days before the date on which the licence is due to expire :
Provided further that the authority competent to renew a licence may, on the applicant's paying a penalty equal to the amount of annual licence fee, grant an application for renewal made within thirty days after the date of expiry of the due date. The authority competent to renew a licence may remit the penalty in whole or in part if it is satisfied that the delay was for reasons beyond the control of the applicant
Provided further that no licence shall be renewed for a part of the year;
(iv) Every renewal of a licence granted under this rule shall be deemed to take effect from the date following that on which the licence has expired;
(v) Except as provided in sub-rule (iii), every application for renewal of a licence made after the date of expiry thereof shall be treated as an application for the grant of a fresh licence;
(vi) If a licence is lost, a duplicate may be issued by the authority which issued the original, on payment by the licensee of a fee of rupees ten.
(vii) The fee payable for the renewal of licence or its duplicate shall be paid to the Committee concerned.

Rule16 Prohibition against grant of certain licences
Except as hereinafter provided, no person shall at the same time hold licence for more than one category :
Provided that a licensee falling in category 'A' may have another licence of category 'B' or 'D' and vice versa, as referred to in sub-rule (ii) or Rule 12.

Rule17 Books to be kept by the licensee
(i) Every licensee shall :
(a) Keep such books in such form as the Committee may from time to time prescribe in its bye-laws;
(b) render such return at such times and in such forms as the Committee may prescribe or direct;
(ii) All forms prescribed under the rules shall be supplied to traders and other functionaries by the market committee on payment of fixed price.

Rule18 Refusal to grant or renew a licence
(i) The Committee or the Director may, as the case may be, refuse the grant or renewal of a licence, inter alia, if
(a) a person applying for licence has been declared insolvent;
(b) the committee is satisfied that the purpose of applying for licence is none other than to obtain a licence for becoming voter for the purposes of elections to the Committee;
(c) the person applying is a benamidar or partner with any person to whom a licence has been refused, or whose licence is cancelled or suspended for the period of such cancellation or suspension;
(d) the person applying for a licence is convicted of an offence involving the said person's integrity as a man of business, within two years of such conviction;
(e) the person applying for licence has no premises to carry on business or marketing of agricultural produce;
(f) any of the information stated by the applicant in his application form is materially incorrect;
(ii) No such order of refusal to grant or renew a licence shall be passed without giving a reasonable opportunity of being heard to the affected person;
(iii) If a grant or renewal of a licence is refused to a person, the licence fee and security deposited by him shall be refunded.

Rule19 Procedure of appeal
(i) Every appeal preferred under section 36 of the Act shall bear the court fee stamp of rupees ten;
(ii) The appeal shall be in the form of a memorandum which shall set forth concisely the grounds of objection of the order appealed against and shall also be accompanied by a copy of such order, a copy of the show cause notice and reply thereto;
(iii) An appeal against the decision of the Committee suspending or cancelling the licence shall be presented to the Secretary of the Board by the appellant or his duly authorised agent. The Board, or the Secretary, if so authorised under sub-section (17) of section 5 of the Act, may issue a stay order against the decision of the Committee suspending or cancelling the licence as may be deemed proper;
(iv) The Board may confirm or revoke the stay granted by the Secretary of the Board till the decision of the case.
(v) The Board shall decide the case within a period of three months from the date of presentation of appeal after giving a reasonable opportunity to the parties of being heard.
(vi) When the order of suspension or cancellation of a licence is passed by the Director, the appeal shall be presented to the Administrator who may, if he deems proper, stay the operation of the impugned order :
Provided that the appeal shall be decided by the Administrator, as far as practicable, within three months after giving a reasonable opportunity of being heard to the parties;
(vii) The procedure indicated in sub-rules (i) to (v) shall, as far as may be, be applied to the presentation of the appeal to the Administrator.

Rule20 Appeals against the refusal to grant or renew of licences
The appeal shall be in the form of a memorandum setting forth concisely the ground of objection to the order appealed against and shall also be accompanied by a copy of such order, a copy of the show cause notice and a copy of the reply thereto. The appeal shall be presented to the Secretary of the Board and shall bear a court fee stamp of rupees ten.

Rule21 Appeal against Fine
(i) An appeal against an order under section 71 (1) of the Act may be filed within thirty days of the payment of the penalty/penalties. The appeal so preferred shall contain full substance of the case and shall be accompanied by a court fee stamp of rupees five and a copy of the order appealed against;
(ii) In case the appeal filed under section 71(2) of the Act is accepted, refund of fine shall be made to the appellant.

CHAPTER 4 MARKETING OF AGRICULTURE PRODUCE

Rule22 Employment of broker or commission agent not compulsory
(i) No person shall be bound to employ a broker or a commission agent in an) transaction or be required to pay for a broker employed by any other party tc the transaction or to pay for broker when none has been employed;
(ii) Where any person enters into any transaction for the purchase or sale of any agricultural produce through a commission agent, and the commissior agent, without a written authority from his principal, employs a broker in connection with such transaction, the broker's commission shall be payable by and may be paid out of the remuneration due to such commission agent;
(iii) The same person shall not act as broker both for the buyer and the seller of an agricultural produce in the same transaction :
Provided that no broker shall be employed in relation to marketing of any declared agricultural produce, except in relation to marketing :
(a) of poultry, cattle, sheep and goats; or
(b) of any specified agricultural produce by a trader with another trader.

Rule23 Sale of agricultural produce
(i) All agricultural produce brought into the market for sale shall be sold by open auction in the principal 01 subsidiary market :
Provided that in special circumstances, the Director may for reasons to be recorded in writing permit sale by mutual agreement;
(ii) Nothing in the sub-rule (1) shall apply to a retail sale as may be specified in the bye-law of the committee;
(iii) A committee shall fix timings for the starting and closing of the action in respect of any agricultural produce;
(iv) The price of agricultural produce shall not be settled by secret signs or secret bid and no deduction shall be made from the highest bid received anc accepted in the open auction or highest prices mutually settled;
(v) The auction shall be conducted by the commission agent or auctioned of the market committee in accordance with the timings fixed and instructor issued by the committee;
(vi) The highest bid offered by a purchaser at an auction sale and at which the seller of the produce has given his consent to sell his produce shall be the sale price of the produce;
(vii) The purchaser shall be considered to have thoroughly inspected the agricultural produce for which he has made a bid and he shall have no right to retract from it;
(viii) As soon as the auction for a lot is over, the employee of the committee shall fill in the relevant particulars in a book to be maintained ir Form H and shall secure the signature of both the purchaser and the seller 01 their respective representative, whoever may be present at the spot;
(ix) A register in Form I shall be maintained in the office of the committee and all heads of agricultural produce which remain unsold during the course of action shall be entered in this register. It shall be the duty of every commission agent to report to the committee as soon as the unsold heaps or receptacles an disposed of. The purchaser shall be responsible to get the agricultural produce weighed or counted or measured, as the case may be, immediately after the auction, if necessary;
(x) A person engaged by a producer to sell agricultural produce on his behalf shall not act as a buyer either for himself or another person in respect of such produce except with the prior consent of the producer;
(xi) The commission agent shall make payment to the seller immediately after the weighment is over;
(xii) Every commission agent shall prepare receipt in quadruplicate in Form J. Original receipt shall be given to the seller at the time of payment of sale proceeds, second copy shall be submitted to the Market Committee on the following day, the third one shall be given to the purchaser and the fourth copy shall be retained by the commission agent for his record. Where no commission agent is engaged, the buyer shall prepare the receipt in triplicate and shall deliver the same as above;
(xiii) In the absence of any written agreement to the contrary, the sale price of agricultural produce purchased under these rules shall be paid by the purchaser to the commission agent on delivery of Form J;
(xiv) Delivery of agricultural produce after sale shall not be made or taken unless and until the commission agent or if the seller does not employ a commission agent, the purchaser has given to the seller a sale voucher in Form J.

Rule24 Appointment of disputes sub-committee
(i) The market committee may appoint a sub-committee called the Disputes Sub-Committee consisting of
(a) The Vice-Chairman of the committee as its Chairman;
(b) Three of the representatives of agriculturists of the Market Committee;
(c) One of the representatives of the traders on the Market Committee.
(ii) The Market Committee shall for each market yard appoint a panel of not less than six persons to act as arbitrators in the settlement of the aforesaid disputes. Every person included in the panel shall be either produce living in the market area or a dealer doing business in the market yard for which the panel has been appointed. A list of panel of arbitrators shall be pasted on the notice board and also at some conspicuous place in the market;
(iii) The party at whose instance a dispute is referred to arbitration or to the dispute Sub-committee for the settlement shall pay in advance to the market committee a sum of rupees ten as fee.

Rule25 Settlement of Dispute
(i) Where any dispute referred to in section 37 arises between any parties operating in the market area, the Secretary of the Market Committee or any person authorised by the Market Committee in that behalf may, if the parties agree to settle such disputes by arbitration, refer the dispute to arbitration and in the absence of any such agreement, to the Dispute Sub-Committee constituted under rule 24;
(ii) Where the parties agree to settle the dispute by recourse to arbitration, each party to the dispute and the Secretary of the Market Committee or any person authorised by the Market Committee in that behalf shall select one arbitration from the panel of arbitrators appointed under sub-rule (ii) of rule 24;
(iii) The arbitrators shall, as far as possible, try to reach a unanimous decision; but in the case of disagreement, the decision of the majority shall prevail. The decision shall be communicated to the parties in writing with the reasons therefor;
(iv) Every dispute shall be decided, as far as possible, at the spot and on the same day;
(v) The arbitrators or the Dispute Sub-Committee when recording their decision shall also decide the quantum of fees to be paid by each party to the dispute. The amount of fee to be paid by the party at whose instance the dispute was referred to arbitration or the Dispute Sub-Committee shall be adjusted against the sum paid by him in advance under sub-rule (iii) of rule 24;
(vi) If the party at whose instance the dispute is referred to arbitration or to the Dispute Sub-Committee is not liable to pay any fees, then the amount of fee paid by him in advance shall be refunded to him by the Market Committee on the day on which the decision of the arbitrators or the Dispute Sub-Committee, as the case may be, is announced.

Rule26 Transaction of business by the Dispute Sub-Committee
(i) No business shall be transacted by the Dispute Sub-Committee unless three members including the Vice-Chairman are present : Provided that presence of representatives at the parties in disputes shall not be counted for the purpose of quorum under sub-rule (1);
(ii) Every meeting of the Dispute Sub-Committee shall be presided over by the Vice-Chairman, and if he is absent, by such one of the members of the committee present as may be chosen by the other members of the Market Committee in the meeting to be the presiding authority for the occasion;
(iii) All questions shall be decided by the majority of votes of the members present and voting, the presiding authority having a second or casting vote in all cases of equality of vote;
(iv) Any party aggrieved by the decision of the arbitrator or the Dispute Sub-Committee may appeal to the Secretary of the Board within a week;
(v) The appeal shall be presented in the form of a memorandum which shall set forth concisely the grounds of objection to the order appealed against and shall be accompanied by a copy of such order. The appeal shall be presented by the appellant or by his duly authorised agent to the Secretary of the Board;
(vi) The memorandum of appeal shall bear a court fee stamp of Rupees five. The Secretary of the Board shall decide an appeal after giving reasonable opportunity of being heard to the parties within three months. The decision of the Board shall be final and conclusive;
(vii) Every Market Committee shall maintain a complete record of all disputes.

Rule27 Weighment
(i) The Board shall fix standards of net weight of agricultural produce to be filled in a packing unit such as bag, half bag or a palli or container within each market area;
(ii) No person shall fill or cause to be filled the packing unit of agricultural produce except in accordance with standards fixed under sub-rule (1);
(iii) All transactions in a market in terms of packing units shall be deemed to have been entered into in accordance with standards fixed under sub-rule (1);
(iv) Immediately on the completion of weighment of a lot of agriculture produce within a market area, either party to the contract may cause a test weighment up to ten percent of the units of packing in a lot or two packing units whichever is more. The test weighment shall be carried out at the site of weighment and if no test weighment shall be held at the site, the produce shall be deemed to have been correctly weighed;
(v) Test weighment under sub-rule (4) shall be carried out in the presence of both the parties to the contract. In case any of the parties refuse or otherwise evades presence, the other party may report in writing to the Secretary of the Committee or any employee of the Board not lower in rank to that of an Inspector readily available on the spot, who, after satisfying himself as to the correctness of the report, shall cause the test weighment to be made in his presence or in the presence of any other official of the committee authorised by him in this behalf and the result of such test weighment shall be final, conclusive and binding on both the parties;
(vi) Before any agricultural produce weighed in pursuance of a contract of sale or purchase within a market area is removed from the place of its weighment, the Chairman or the Secretary of the Committee or any employee of the committee as authorised, either of them or an inspecting officer of the Board, shall with a view to satisfying himself that the weighment has been correctly made or is filled in accordance with standards fixed under sub-rule (1), be entitled at any time and without any previous notice, to check the weighment by means of weights and instruments kept by the committee or any other agency in the presence of the purchaser and the seller and if either or both of them evade presence, test weighment may be carried out in the presence of any two persons present there;
(vii) If the weighment checked under sub-rule (vi) is found to be defective, the persons checking the weighment may order the lot to be reweighed. The reweighment shall be made at the cost of the buyer, if it is not filled in accordance with the standards fixed under sub-rule (i) and at the cost of the weighman concerned, if the weighment is otherwise defective. Such orders shall be final and the buyer or the weighmen, as the case may be, shall immediately comply with the order. This sub-rule shall operate without prejudice to any other punishment that may be awarded under the Act, or the rules.

Rule28 Incidental and Market Service Fees
The fees payable to licensed commission agents, brokers, weighment measurers, surveyors, warehousemen, palledars, transporters and other persons operating in market area in connection with the sale and purchase of agricultural produce shall be such as may be specified in the bye-laws of the committee.

Rule29 Use of weighing instruments, weights and measures, their inspection and seizure
(i) Only such weighing instruments which satisfy the requirements of, and such weights, and measures as are prescribed by the Rajasthan Weights and Measures Act, 1958 as in force in the Union Territory of Delhi and the rules made thereunder shall be used for weighing or measuring agricultural produce in a market area :
Provided that in transaction of sale and purchase of agricultural produce in the principal market and subsidiary market of the market area beam scale (Kanta) or platform scale shall only be used;
(ii) Every committee shall keep in the market yard at least one weighing instrument of the capacity of one quintal and two sets of weights, and in places where measures are used, two sets of measures, verified and stamped in accordance with the provisions of the Rajasthan Weights and Measures Act, 1958, and the rules framed thereunder. The committee shall cause such weights and measures to be tested and verified once in the course of each calendar year through the agency appointed and in accordance with the requirements of the said Act and Rules;
(iii) The Secretary of a committee shall allow any person to check free of charge any weight or measure in his possession against the weights and measures maintained under this rule;
(iv) Weighing instruments, weights and measures kept by a committee under this rule may at any time be inspected, examined and checked by the Chairman or the Secretary of the Board or by any other officer not lower in rank than that of a Marketing Officer. After inspection, the inspecting authority may give such direction as it may deem proper. The Committee shall comply with such directions;
(v) The Chairman or the Secretary of the Board or the Committee, and any person authorised in this behalf by the Secretary of the Board shall be entitled at any time and without previous notice to inspect, examine and test any weighing instruments, weight or measures used, kept or possessed in the market area by a licensee, and every such licensee in possession of any such weighing instruments, weight or measures shall, when required, be bound to produce the same before the person entitled so to inspect, examine and test it;
(vi) Any person authorised to test and examine any weighing instrument, weight or measure, under sub-rule (v) shall, while so acting have the following powers :
(a) to seize or detain any disputed weights and measures or weighing or measuring instruments;
(b) to seize or detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any documents or records relating thereto;
(c) to enter into any place where weights and measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce and inspect such weights and measures and weighing and measuring instruments; and
(d) to require any trader or any employee or agent of a trader to produce for inspection all weights or measures or weighing or measuring instruments which are used by him or are in his possession or are kept in any premises used for trade.

Rule30 Weigh-bridges, measuring yard and certificates of weighment or measurement
(i) The committee may erect in the market and outside a weigh-bridge for weighing agricultural produce on payment of such fees as may be prescribed by its bye-laws;
(ii) In places where it is customary for any agricultural produce to be measured instead of being weighed, the committee may specify a place within or outside the market for that purpose and make arrangements for the measuring of such produce on payment of such fees as may be prescribed by its bye-laws;
(iii) The committee shall be responsible for maintaining such weigh-bridge or measuring yard in proper conditions and for issuing free of cost certificates of weighment and measurement, as the case may be, in such forms as may be prescribed by its bye-laws;
(iv) A certificate issued under sub-rule (iii) above shall be accepted as final by all persons transacting business in the notified market area, unless it is proved to the satisfaction of the Chairman of the committee or his authorised representative that the weighment or measurement was done on a defective weigh-bridge or measuring yard or by means of an incorrect scale or weight or measure.

Rule31 Prevention of adulteration of agricultural produce
(i) No person shall adulterate agricultural produce or place or offer adulterated agricultural produce for sale, in a market area;
(ii) It shall be the duty of a committee to prevent adulteration of agricultural produce in the market area. The Chairman or Secretary of the Committee may take all or any steps within his power to stop, prevent or discourage such adulteration.
Explanation. For the purposes of this rule, adulteration of agricultural produce shall include mixing of inferior stuff with superior produce, mixing of different varieties or different qualities, mixing of sieved remains of the agricultural produce with agricultural produce and mixing of earth, dirt and stones or any other foreign matter with any agricultural produce.

Rule32 Grading and standardisation of agricultural produce
(i) The Market Committee shall maintain for the use of sellers and buyers a set of samples of standard grades of the declared agricultural produce sold at the market and shall replace the same as may be necessary from time to time. The Market Committee shall also arrange to keep and exhibit samples of different grades of agricultural produce with indications of parity prices based on rates ruling in terminal and important markets for the information of sellers and buyers;
(ii) The Market Committee may :
(a) carry out the work of grading of such declared agricultural produce as may be specified by the Secretary of the Board from time to time; and
(b) supervise processing of agricultural produce in the market area with a view to preventing adulteration thereof.

CHAPTER 5 POWERS AND DUTIES OF MARKET COMMITTEE Rule 33.
(i) The Market Committee to provide for certain matters. After paying all sum due to the Government or Board, a Market Committee shall so far as the funds at its disposal permit, but subject to the provisions of the Act and the rules, provide :
(a) for the maintenance and improvement of any enclosure or building which may constitute the market;
(b) for the construction and repair of building and other erections necessary for the purpose of the market;
(c) for undertaking development and for providing amenities in the market;
(d) for the health, convenience and safety of the persons using the market;
(e) for undertaking welfare activities in the interest of the servants of the Market Committee or the agriculturists in the market area with the previous approval of the Secretary of the Board;
(f) for undertaking propaganda and development of marketing of declared agricultural produce;
(g) for miscellaneous expenses not exceeding one per cent of its total income in a year, so however, that such expenses do not exceed rupees three hundred at a time;
(h) for such other activities as would be conducive to the furtherance of the efficient working of marketing of declared agricultural produce in the market area; and
(i) for depreciating on wasting assets owned by the Market Committee including deadstock, furniture, fixture, machinery and other things.
(ii) Duties of Market Committee. A Market Committee shall furnish all information which the Secretary of the Board or the officers duly authorised by him may require. In addition to the duties prescribed by the Act, Rules and Bye-laws made thereunder, a Market Committee shall also be responsible for :
(a) maintenance of proper checks on all receipts and payments by its officers;
(b) the proper execution of all works chargeable to the Market Fund;
(c) keeping a copy of the Act and other Rules and the notifications issued thereunder, and of its bye-laws open to inspection free of charge at its office; and
(d) doing such other things as may, from time to time, be necessary for the efficient working of the Market Committee.
(iii) On failure of a Market Committee to furnish any information or return on due dates, the Secretary of the Board may, after giving due notice to the Market Committee, depute any person working under him, to prepare the return or returns and submit it or them to him. The Chairman and the Secretary of the Committee shall furnish to such persons informations necessary for preparing such return or returns. The expenses incurred by the Secretary of the Board, in getting such return or information shall be borne by the Market Committee and shall be recoverable from the Market Committee under section 60 of the Act.

CHAPTER 6 LEVY AND COLLECTION OF MARKET FEES

Rule34 Levy or collection of fee on the sale of the agricultural produce
(i) It shall be the responsibility of Commission Agent to realise the market fee from the purchaser and to deposit the same with the Market Committee the following day.
(ii) Where the agricultural produce is not bought or sold through a commission agent, the market fee shall be paid by the trader.
(iii) The market fee levied under section 28 of the Act shall be paid in cash to the officer of the Committee duly authorised to receive the payment on the day of transaction or on the next working day within the hours fixed by the Committee.
(iv) A receipt in Form K shall be granted by the aforesaid officer forthwith to the person making payment in respect of the said fees.
(v) Every officer or servant employed by a Committee for the collection of fees shall be supplied by the Committee with a badge of office in such form as may be prescribed by it. The badge shall be worn by the officer or servant concerned while discharging his duties.
(vi) For the purpose of this rule, an agricultural produce shall be deemed to have been sold in a market area :
(a) if the agreement of sale thereof is entered into in the said area; or
(b) if in pursuance of the agreement of sale, the agricultural produce is weighed in the said area; or
(c) if in pursuance of the agreement of sale, the agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser; or
(d) if in the case of any transaction two or more of the acts mentioned in sub-rule (vi) have been performed within the boundaries of two or more market areas, the market fee shall be payable to the Committee within whose jurisdiction the agricultural produce has been weighed in pursuance of the agreement of sale or, if no such weighment has taken place, to the Committee, within whose jurisdiction the agricultural produce is delivered.

Rule35 Account of transaction and of fees to be maintained
(i) Every licensee shall submit to the Committee a return in Form L showing his purchases and sales of each transaction of agricultural produce on the day of transaction or on the following day :
Provided that in case of a dealer, who exclusively deals in fruits and vegetables, it should not be necessary to fill in Form L the particulars of the person to whom the quantity of fruits or vegetables less than one quintal or the monetary value of which is less than Rs. 100, whichever is less, is sold
Provided further that a commission agent who sends one copy of Form J to the Committee, will be exempt from sending Form 'L' to the Market Committee and the buyer shall indicate in Form L only the total quantity and the gross value in respect of each commodity purchased from each seller.
(ii) The Committee shall maintain a register showing the total purchases and sale made by the dealers and the fees recoverable and recovered from them.
(iii) If any trader or commission agent fails to submit a return as prescribed in sub-rule (i) or the Secretary of the Committee has reasons to believe that any such return is incorrect, he shall after giving notice in Form M to the dealer concerned and after such enquiry as he may consider necessary, shall place the case before the Committee for proceeding to assess the amount of business of trader or commission agent during the period in question.
(iv) If any trader or commission agent habitually makes default in the submission of returns or if in the opinion of the Committee, he habitually submits false return, the Committee may order for the inspection of the dealer's accounts.
(v) After an order under sub-rule (iv) is made, the Committee shall inform the trader or commission agent, as the case may be, of the date and place fixed for the inspection.
(vi) The Committee may authorise one or more of its members to carry out the inspection ordered by it under sub-rules (iv) and (v). Such member or members shall be assisted by the Secretary of the Committee or such employees the Committee as may be deputed for that purpose.
(vii) Such member or members may after inspection prepare a return or may amend the return already furnished on the basis of transaction, appearing in the trader's account books, and the Committee may levy a fee after assessment as may be specified in the bye-laws. If the account books are reported to be unreliable, or are not providing sufficient material for proper preparation or amendment of the return or if no such books are maintained or produced, the Committee may assess the amount of the dealer's business on such information as may be available or on the basis of best judgment and may levy fee as may be specified in bye-laws on the basis of such assessment.
(viii) Habitual default in the submission of return and habitual submission of false return shall be a sufficient ground for suspension or cancellation or refusal to. renew a licence, and the provision of this rule shall apply in addition to and without prejudice to any other law, penal or otherwise, applicable to non-compliance or defective compliance with any duty imposed upon a dealer by the Act or by these rules, or by any bye-laws or order of a Committee.
(ix) An assessment made under sub-rules (vii) and (viii) shall be communicated to the concerned functionary by means of a demand notice in Form N and a copy of the assessment order may be given to him on his making written application and paying prescribed copying fee to the Committee.
(x) The copy shall be prepared in the office of the Committee and certified to be correct by the Secretary or in his absence by any other person appointed in this behalf by the Chairman. Such certificate shall give the dates on which the application was received and the copy prepared and delivered to the applicant, and shall be conclusive evidence of the correctness of these dates.

Rule36 Inspection of accounts of licensee
Every licensee and person exempt under rule 12 from taking a licence working within the market area shall, on demand by the Secretary or Chairman of the Committee or any officer of the Board authorised by the Secretary of the Board in this behalf, produce all or any of the forms or account books maintained in respect of the sale, purchase, storage, transportation or processing of agricultural produce by him for inspection and examination at such time and at such place as he may be required and shall, if required by any of the inspection officers, hand over any or all of the said forms, or books against a receipt.

Rule37 Preservation of the prescribed forms
The counterfoils of Forms J and L shall be preserved by the dealer concerned for a period of two years from the date of issue of the Form.

Rule38 Power to order production of accounts, power of entry, inspection, seizure and stopping vehicles
(i) Subject to the provisions of section 22(5) any officer of the Board not below the rank of Secretary, Marketing Committee may require any dealer to produce before him the books and other documents maintained by him and to furnish jjpy information relating to the purchase, sale, storage or processing of agricultural produce and also such other information relating to the payment of the market fee by him as may be necessary.
(ii) All accounts and registers maintained by any dealer and documents relating to the purchase, sale, storage or processing of agricultural produce, in his possession, and his office, establishment, godown or vehicle shall be open to, inspection at all reasonable times by any of the officers authorised in sub-rule (1).
(iii) If such officer has reasons to believe that any person is attempting to have the payment of market fee due from him or that any person has purchased agricultural produce in contravention of any of the provisions of the Act or the Rules or bye-laws in force in any market area, he may for reasons to be recorded in writing, seize such accounts registers or documents of such person, as may be necessary and shall grant a receipt for the same and shall retain the same only so long as they may be necessary for examination thereof or for the prosecution of the person concerned.
(iv) Such officer if subordinate to the Secretary of the Board shall forthwith report the seizure to that officer.
(v) At any time when so required by the Director or by any officer of the Board not below the rank of Secretary Market Committee, the driver or any other person incharge of any vehicle or other conveyance which is taken or proposed to be taken out of the market area shall stop the vehicle or other conveyance, as the case may be, and keep it stationary as long as may reasonably be necessary and allow such officer to examine the agricultural produce carried in the vehicle or other conveyance and to inspect all records relating to such agricultural produce and furnish his name and address and the name and address of the owner of the vehicle or other conveyance and of the owner of the agricultural produce carried in such vehicle or other conveyance.

Rule39 Qualification of Tribunal to be appointed under section 60(2)
(i) Subject to the provisions of sub-section (1) section 60, the person constituting a Tribunal under section 60 shall be either :
(a) a person who is holding or held the office of the Deputy Registrar, Assistant Registrar of the Co-operative Societies for not less than five years; or
(b) a person who has not less than ten years service as an advocate or a pleader, or a person having not less than ten years experience in law or in the Grade I and Grade II gazetted post or a person who had worked as a Chairman or Vice-Chairman or a member of a Market Committee or a Secretary thereof for a period of not less than five years and who at the time of his appointment (as such) is not in any way connected with the Market Committee or with the person from whom the sum is alleged to be due; or
(c) a person who is or has been a member of the State Civil Services with at least ten years standing.
(ii) The remuneration to be paid to the Tribunal appointed by the Administrator shall be determined by the Administrator.

Rule40 Composition
(i) The amount realised by way of composition shall be in addition to any amount due from the offender under the Act or these rules or the bye-laws.
(ii) In the case of late payment of market fee if the Chairman of the Committee is satisfied that it was due to unavoidable circumstances beyond the reach of the concerned person, he may condone the violation committed:
Provided that the market fee is deposited with the Committee not later than four days from the day of transaction.

Rule41 Penalties
Any person contravening any provision of these rules shall be punishable with fine which may extend to five hundred rupees : Provided further that no prosecution in this rule shall be launched against a person without affording him an opportunity to show cause.

Rule42 Interest payable by buyer
Subject to the provision of sub-section (3) of section 60 of the Act, if any purchaser fails to make payment to the tenderer forthwith as required under section 27(6)(b) he will be liable to pay to the tenderer interest from the date of sale to the date of payment at such rates not being in excess of the maximum rate of interest fixed for unsecured loan. In case the payment is not made within thirty days from the date on which the agricultural produce is sold by the tenderer, the principal and interest thereon shall be recoverable by the Market Committee from the purchaser as an arrear of land revenue.

Rule43 Copies of documents etc
The Market Committee or the Board may on the application made in that behalf supply to the applicant a copy of the decisions, orders or resolutions of the Board or of the Committee or their officers on payment of rupee one per page or a part thereof subject to a minimum of rupees five :
Provided, in the cases where in an appeal, inspection or record is deemed necessary, the petitioner may apply to the Director, Agricultural Marketing for permission of such inspection and if this is allowed by him, the petitioner shall pay a fee of rupee one per case to the concerned agency to which these documents relate.

Rule44 Preservation of records
The following records of the Board and the Market Committee shall be preserved for the periods noted against each:

Rule45 Functions and Powers of Chairman and Vice-Chairman
(1) The Chairman shall
(a) convene, preside at the conduct meetings of a Market Committee;
(b) have access to the records of a Market Committee;
(c) discharge all duties imposed and exercise all powers conferred on him by or under the Act and the rules and bye-laws made thereunder;
(d) have control over all officers and servants of the Market Committee subject to these rules and to .the directions, if any, given by the Committee;
(e) supervise and control the execution of all the activities of the Market Committee; and
(f) conduct or cause to be conducted correspondence and be responsible for the keeping of accounts for the punctual rendering of the accounts, reports and returns and for the custody of all amounts (other than those deposited in the treasury or with a bank approved by the Director).
(2) The Vice-Chairman shall
(a) in the absence of a Chairman, preside at the meetings of a Market Committee;
(b) exercise such of the powers and perform such of the duties of the Chairman as the Chairman may, subject to any bye-laws made by the Market Committee in this behalf, delegate to him by an order in writing;
(c) pending the election of a Chairman, or during the absence of the Chairman from the Market area, or by reason of leave obtained with the permission of the Market Committee, exercise the powers and perform the duties of the Chairman.

Rule46 Leave of absence to Chairman or Vice-Chairman
(i) The Chairman or Vice-Chairman, if he wants to remain absent from any meeting of the Market Committee, or for a period not exceeding thirty days in aggregate in a year shall, on or before the date fixed for that meeting, or as the case may be, at any time before the date of the leave asked for, apply to the Committee for leave stating the reasons for which the leave is required.
(ii) The Board may, by a resolution passed in that behalf, grant the Chairman or Vice-Chairman the leave applied for.
(iii) Any absence from the meeting of a Market Committee without permission obtained in accordance with the provisions of this rule shall, for the purposes of section 20, be deemed from the meetings of the Committee without its leave.

Rule47 Powers and functions of Secretary
The Secretary shall be the Chief Executive Officer of the Market Committee and carry into effect the resolutions of the Market Committee. He shall be under the control of the Chairman. He shall conduct correspondence and shall be responsible for keeping of accounts and for the punctual rendering of all the returns. He shall lay down duties of all officers and servants of the Market Committee and shall exercise control over the subordinate staff of the Market Committee. He shall have custody of all papers and documents of the Market Committee. He shall, in consultation with the Chairman, call and attend the meetings of the Market Committee and maintain the proceedings of the meeting. He shall submit in writing his view on the subjects discussed during the meeting. He shall exercise such other powers and perform such other functions as may be delegated or entrusted to him by the Market Committee.

Rule48 Administrative Report
At the end of each financial year, every Market Committee shall prepare an annual report which shall contain such information as may be required by the Secretary of the Board by general or special order issued from time to time and submit on or before 30th June copies of it to the Secretary of the Board and to such officer as may be specified by the Secretary of the Board, in that behalf.

Rule49 The term of office of the Chairman and Vice-Chairman
(i) Every Chairman appointed under section 9(3) will hold office for a term of one year from the date of issue of notification for his appointment. The administrator may renominate him as Chairman under section 9(3) for further term or terms.
(ii) Vice-Chairman of a Committee will be elected annually.

Rule50 Condition subject to which a Committee may give loan to another Committee
Subject to the provisions of sub-section (3) of section 29, a Market Committee may grant loan to another Market Committee. The loan so granted shall be regulated by the following general conditions :
(i) A specific term should be fixed which should be as short as possible, within which the loan should be fully repaid with interest due. The term may, in very special cases extend to 30 years.
(ii) The term is to be calculated from the date on which the loan is completely drawn.
(iii) The repayment of loans should be effected by instalments, which should ordinarily be fixed on annual basis, due dates of payment mentioned in the agreement.
(iv) Instalments paid before the due date will be taken entirely to principal unless any interest for a preceding period is overdue.
(v) The interest shall be charged on the loan at the rates prescribed by the Board :
Provided that a loan shall bear interest for the day of payment but not for the day of repayment.
(vi) When a loan is taken out in instalments, each instalment of the loan so drawn shall be treated as a separate loan for purposes of repayment of principal and payment of interest thereon except where various instalments drawn during a financial year are, for the purpose, allowed to be consolidated into a single loan as at the end of that particular financial year. In the latter event, simple interest at the prescribed rate on the various loan instalments from the date of drawal of each instalment to the date of their consolidated drawal shall be separately payable by the borrower.

APPENDIX A Application for licence Category A, B, C, D and E
Form [See Rule 12 (1)]
Form A
[See Rule 12 (1)]
Application for licence Category A, B, C, D & E
To
The Secretary,
Market Committee
Sir,
The particulars of my business are given below :
Name of the applicant with full address Place of business for which licence is applied for (give the name or number of the building and the name or number of street or other description sufficient to identify the premises).
If the applicant is a firm, is it a Hindu Joint-Family Firm, or otherwise constituted and has it been registered or not? ..
If the applicant is a firm, give the names of all persons constituting the firm with parentage, residence and address.
S. no. Name Father's or Husband's Name Full Address
Name of the Managing Proprietor or Manager of the Firm..
Name of other trade Assistants of the applicant Firm
Name and style under which the applicant will work.
Has the applicant or, where the applicant is a firm, has any member thereof, single or in collaboration with anybody else been granted a dealer's licence in any market area in the Union Territory of Delhi and has such licence been suspended or cancelled? If so, when for what period and for what reasons?
Category of licence applied for :
A 4. D
B 5. E
C
Has the applicant or any of his partners been declared insolvent in the past? If so, has the insolvency been discharged?.
Has the applicant or any partners been convicted of any offences relating to his business in the past two ye'ars? If so, nature of offence and the punishment awarded .. .. .. ..
Certified that the facts set out in the application are true to the best of my knowledge. I undertake to abide by the provisions of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 and rules and bye-laws and conditions of the licence made thereunder.
I shall be responsible for all acts of my employees. It is requested that a licence of category may kindly be granted to me.
Signature of the Applicant
To be filled in by the Office of the Committee
Particulars of deposit No. of receipt Date of receipt Page No. of each book where entry made Licence fee Security
Accountant
Market Committee
Report of Secretary of Market Committee
The grant of licence is recommended; or The grant of licence is not recommended for the following reasons :
.. .. .. ......
Secretary
Market Committee

APPENDIX B Form of licence for category A, B, C, D and E
Form [See Rule 12(x)]
Form B
[See Rule 12(x)]
Form of licence for category A, B, C, D & E
Market area S. No. of licence
This licence is granted to M/s..
subject to conditions prescribed hereunder :
Place of business for which licence is granted Name of the Managing Proprietor or Manager of the Firm with parentage
Date from which the licence takes effect
Date on which the licence expires
Category of the licence granted :
(D A (4) D
B (5) E
C
Secretary
Place :
Market Committee
Date :
(Seal of the Market Committee)
Conditions of Licence
The licensee shall comply with the provisions of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 and rules and bye-laws framed thereunder and instructions issued from time to time.
He shall not permit evasion or infringement of any of the provisions of the act, the rules and bye-laws and shall report in writing to the Market Committee any evasion or breach which comes to his knowledge.
He shall produce for inspection his licence, on demand, to the Director or any other officer authorised by him in this behalf or the Secretary of the Committee against a receipt to be given to the licensee in this connection.
He shall conduct his business honestly and properly according to principles of fair dealing.
He shall display his licence at a conspicuous place in his business premises.
He shall keep his business premises clean and in a suitable condition for storage of agricultural produce.
He shall not boycott or encourage boycott of any other licensee.
He shall not indulge in activities and practices which are detrimental to the interest of the trade and proper functioning of the market.
He shall not take or continue in his service any licensed weighman, measurer, surveyor or palledar.
10. He shall be responsible for the safe custody and protection of agricultural produce brought to his shop for sale or storage.
He shall not form a pool or combination with other buyers for eliminating competition and shall not make or abet an attempt to do so in order to deprive the seller of a fair price of his produce.
He shall, on the expiry or soon after termination of the licence, surrender the same to the Committee.
He shall, when desired by the Committee or any officer authorised by it furnish correct information on the matters pertaining to his business relating to sales, purchase, storage, processing and transfer of agricultural produce.
14. The security shall be liable to be forfeited in part C, in full by the licensing authority in case the licensee makes a breach of any condition of the licence.

APPENDIX C Register of licences of category A, B, C, D, E, F, G and H
Form [See Rule 12 (xi)]
Form C
[See Rule 12 (xi)]
Register of licences of category A, B, C, D, E, F, G & H
1. Notified market area
Name of the Firm.
Address of the premises.
Name of the Managing Proprietor or Manager with parentage.
Licence No.
Nature of licence.
Vehicle No
Name of partners :
Serial No. Name Father's Name Address
Date of entry Date from which the licence takes effect Date on which the licence expires Licence fee received Receipt No. & date Signature of issuing authority, with designation Remarks 1 2 3 4 5 6 7

APPENDIX D Application for licence under Category F, G and H
Form [See Rule 12(i)]
Form D
[See Rule 12(i)]
Application for licence under Category F, G & H
The Secretary,
Market Committee..
Sir,
The particulars of my business are given below :
1. Name of the applicant with parentage, residence and address in full Name or style under which the applicant will conduct his business Does the applicant wish to be licensed as weighman/measurer/surveyor/(any other market functionary) ......?
Has the licence, if any, granted previously to the applicant, or if the applicant is a firm, to any member thereof, singly or in collaboration with anybody else, for working as weighman, measurer, surveyor, or palledar in any notified market been cancelled? If so, where, when, for what period and for what reasons? .. .... Certified that the facts set out in the application are true to the best of my knowledge. I undertake to abide by the provisions of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 and rules and bye-laws made thereunder and conditions of the licence.
I shall be responsible for all acts of my employees.
It is, therefore, requested that the licence under category may
kindly be granted to me.
Signature of applicant.
Particular of the deposit No. of receipt Date of receipt Page of Cash Book where the entry made (i) Licence fee(ii) Security
Date..
Market Committee
Report of the Secretary Market Committee
The grant of licence is recommended.
The grant of licence is not recommended for the following reasons
Secretary
Market Committee

APPENDIX E Form of licence for category F, G and H
Form [See Rule 12(x)]
Form E
[See Rule 12(x)]
Form of licence for category F, G & H
This licence is granted to Shri/Smt for doing his business as a weighman/measurer/palledar or surveyor in the market area..
Serial No. of licence
Date from which the licence takes effect..
Date on which the licence expires..
Place of business ..
Place.... ..
Date..
Secretary, Market Committee
(Seal of Market Committee)
Conditions of Licence
The licensee shall comply with the provisions of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 and rules and bye-laws framed thereunder and instructions issued from time to time.
He shall not permit evasion or infringement of any of the provisions of rules and bye-laws mentioned under (1) above and will report in writing to the Committee any evasion or breach which comes to his notice.
He shall surrender his licence on demand to the Committee or any other officer authorised by the Committee in writing in this behalf.
He shall conduct his business honestly and properly according to the principles of fair dealing.
He shall not boycott or encourage boycott of any other licensee. He shall not indulge in activities and practices which are detrimental to the interest of the trade and proper functioning of the market. The licensee, except the godown-keeper, shall not accept any service under the dealer.
The licensee shall abide by such arrangements which may be made by the Market Committee with a view to ensuring the availability of their services as and when required. The licensee shall bear the badge provided to him by the Market Committee during the hours of his business.
Form-2
[See Rule 12(x)]
This licence is granted in favour of vehicle/truck/tempo/rickshaw/rehra/tonga
No owned by Shri.. . S/o
Shri.. for the purpose of plying in the market or market area as a transporter.
Serial No. of licence..
Date from which the licence takes effect..
Date on which the licence expires..
Place of business with address..
Place..
Date..
Secretary, Market Committee
(Seal of Market Committee)
Conditions of Licence
1. The licensee shall comply with the provisions of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 and rules and bye-laws framed thereunder and instructions issued from time to time.
He shall not permit evasion or infringement of any of the provisions of rules and bye-laws mentioned under (1) above and will report in writing to the Committee any evasion or breach which comes to his notice. He shall surrender his licence on demand to the Committee or any other officer authorised by the Committee in writing in his behalf.
He shall conduct his business honestly and properly according to the principles of fair dealing.
He shall not boycott or encourage boycott of any other licensee. He shall not indulge in activities and practices which are detrimental to the interest of the trade and proper functioning of the market. The licensee shall not accept any service under the dealer.
8. The licensee shall abide by such arrangements which may be made by the Market Committee with a view to ensuring the availability of their services as and when required.

APPENDIX F Application for the renewal of licence under category A, B, C, D and E
Form [See Rule 15(i)]
Form F
[See Rule 15(i)]
Application for the renewal of licence under category A, B, C, D & E
To
The Secretary,
Market Committee
Sir,
I request for the renewal of my licence. The necessary particulars are given here below :
Name of the notified market area for which the licence has been issued
Name of the applicant (with full particulars of the place of business)
Name of the Managing Proprietor or the Manager of the firm, if any
Number of licence..
Date on which the licence expires
Period for which renewal is requested.
Fee paid.
Penalty paid, if any Has the applicant or where the applicant is a firm, has any member thereof singly or in collaboration with anybody else, been ..
(a) granted a dealer's licence in any notified market area in the Union Territory of Delhi and has such licence been suspended, or cancelled. If so, when, for what period and for what reasons?.
convicted of an offence affecting the said person's integrity as a man of business. If so, the date of conviction. declared as an undischarged insolvent.
Certified that the facts set out in the application are true to my knowledge.
Signature of the applicant.
Date
(To be filled in by the office of the Committee)
Renewal licence fee received Penalty received, if any No. of receipt Date of receipt Page of cash book where entry made Remarks No..
Date..
Accountant (Market Committee)
Verified Renewal of licence recommended/non-recommended on following reasons.
Secretary, Market Committee

APPENDIX G Application for the renewal of licence under Category F, G and H
Form [See Rule 15]
Form G
[See Rule 15]
Application for the renewal of licence under Category F, G & H.
To
The Secretary,
Market Committee
Sir,
I request for the renewal of my licence. The necessary particulars are given below :
Name of the notified market area for which the licence has been issued Name of the applicant (with full particulars of the place of business) Name of the managing proprietor or the manager of the firm, if any Number of licence Date on which the licence expires Period for which renewal is requested Fee paid Rs Penalty paid, if any, Rs Has the applicant, or where in case the applicant is a firm has any member thereof, singly or in collaboration with anybody else, been granted a licence for working as a weighman, measurer, surveyor or palledar in any notified market area in the Union Territory of Delhi and has such licence been suspended are cancelled? If so, when, where, for what period and for what reason?
Certified that all the facts set out in the application are true to my knowledge.
Date
Signature of the applicant.

APPENDIX H Auction Register
Form [See Rule 23 (viii)
Form H
[See Rule 23 (viii)
Auction Register
Date Name of C/Agent Name & address of seller Description of produce Approximate quantity Rate at which the produce has been sold Name of buyer Signature of C/Agent and buyer

APPENDIX I Form
Form
[See Rule 23(ix)]
Form I
[See Rule 23(ix)]
Date of 1st auction Name of seller Name of Commission Agent Name of agricultural produce Approximate weight 1 2 3 4 5
Signature of Commission Agent Date of onward auction Rate Name of purchaser Signature of purchaser Remarks 6 7 8 9 10 11

APPENDIX J Sale Voucher for the Commission Agent
Form [See Rule 23(xii)]
Form J
[See Rule 23(xii)]
Sale
Voucher for the Commission Agent
Book No... Serial No...
Name of Market... Name of Commission Agent.
Date of auction... Address of Seller. ...
Weighment Slip No. Weight Rate Value INCIDENTAL Payable by the SERVICE FEE Paid to the producer MARKET SERVICE FEE Payable by the buyer Amount of M/Fee paid 1. Unloading & Heaping 1. Filling 2. Sieving & Dressing 2. Weighing including putting the bag on kanta & removing ----- 3. Storage 3. Stitching 4. Loading 5. Commission 6. Arhat
Received Rs...
Signature of the seller
Signature of the
Commission Agent
I promise to pay a sum of R s...to M/s
within a period of days.

APPENDIX K Receipt
Form [See Rule 9(vi]
Form K
[See Rule 9(vi]
Receipt Book No.
Receipt No.
Market Committee.. ..
Date of receipt...
Nature of receipt..
Amount received...
Received from..
Signature of person receiving payment.

APPENDIX L Return of daily purchases and sales
Form [See Rule 35(i)]
Form L
[See Rule 35(i)]
Return of daily purchases and sales
Market Committee
COUNTERFOIL
Date..
Name of Dealer. Licence No Last date when market
fee paid Receipt No
PURCHASED SOLD Date ofTransaction Name ofCommodity Name ofThe Sellerfrom whompurchased Weight Rate Value Whether fee is leviable, ifnot why? Amount of feeLeviable Name of the Buyer to whom sold weight Rate Value Whether fee is leviable if not,why? Amount of Fee leviable Remarks
Total.
Total.
Signature of dealer/ Commission Agent

APPENDIX M Assessment Notice
Form [See Rule 35(iii)]
Form M
[See Rule 35(iii)]
Assessment Notice
To
M/s
WHEREAS
(a) You, a dealer Licence Noand Licensed under sectionof the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 of the notified market area, have not furnished return/correct return in Form N for the period from to
(b) You, a dealer Licence No and licensed under section of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 of the notified market area have habitually made default in the submission of returns for the period fromto and it appears to the Committee that you wilfully failed to furnish such returns in respect of the above mentioned period. And it appears to be necessary to make assessment under rule of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 in respect of the above mentioned period. You are hereby directed to attend in person or by an authorised agent at (place) on (date) at (time) and produce, or cause there to be produced at the said time and place the accounts and documents specified below for the purpose of such assessment, together with the objections which you may wish to prefer and any evidence you may wish to adduce in support thereof and to show cause why in addition to the market fee levied on the basis of assessment a penalty prescribed under rule of the said rules should not be imposed upon you. In the event of your failure to comply with this notice, the Committee shall proceed to assess under rule of the said rules to the best of its judgment.
Date
Secretary
Market Committee

APPENDIX N MARKET COMMITTEE
Form [See Rule 35 (ix)] Demand Notice
Form N
[See Rule 35 (ix)]
Demand Notice
MARKET COMMITTEE
No Date
To
M/s
You are hereby informed that your business during the period from to has been assessed for the levy of market fee and penalty, etc., as under :
Assessed value of business
Market fee chargeable
Deduct market fee already paid, if any
Net payable (b - c)
Penalty
Total (d - c)
You are hereby directed to pay the sum of R s to the Market Committee.. at its office at (place) on or before (date) failing which the said sum will be recoverable from you as an arrear of the land revenue.
Secretary
Market Committee

DELHI

AGRICULTURAL PRODUCE MARKETING (ELECTION) RULES, 1978

DELHI

AGRICULTURAL PRODUCE MARKETING (ELECTION) RULES, 1978

PART 1 GENERAL

PART Rule1 Short Title and Commencement
(i) These rules may be called the Delhi Agricultural Produce Marketing (Election) Rules, 1978.
(ii) They shall come into force at once.

Rule2 Definitions
In these rules unless the context otherwise requires :
(i) Act : means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(ii) Ballot Box : includes any box, bag or other receptacle used for the insertion of ballot paper by voters.
(iii) Constituency : means an Agriculturist constituency, Traders and Commission Agents constituency and Weighmen and Measurers constituency and each shall be treated as a constituency of a different class.
(iv) Counting Agent : means a person appointed by the candidate to be his counting agent, with the previous approval of the Returning Officer of the constituency.
(v) Director : means a person appointed as the Director of Agricultural Marketing for the Union Territory of Delhi.
(vi) Election Agent : means a person appointed by a candidate to be his election agent with the previous approval of the Returning Officer of the constituency.
(vii) Elector list : means list of electors prepared under these rules.
(viii) Elector : in relation to a constituency means a person whose name is entered in the electors list of that constituency, for the time being in force.
(ix) Electoral Registration Officer : means an officer appointed under rule 4 as an Electoral Registration Officer of a constituency and would include Asstt. Electoral Registration Officer also.
(x) Form : means a form appended to these rules.
(xi) Licensed : means licensed to operate as a market functionary in any market or market area under the Act.
(xii) Marked copy of electoral roll : means the copy of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election.
(xiii) Polling station : means the place fixed for the poll for election to a market committee.
(xiv) Polling Officer : means a polling officer appointed by the Director for the purpose of these rules.
(xv) Polling Agent : means a person appointed as a polling agent by a candidate at a polling station on the day of poll under these rules.
(xvi) Public Holiday : means any holiday which is a public holiday for the purpose of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881).
(xvii) Presiding Officer : means a presiding officer appointed by the Director for the purpose of these rules.
(xviii) Qualifying date : in relation to the preparation or revision of every electoral roll means the date as may be specified by the Director.
(xix) Returning Officer : means a returning officer appointed by the Director for the purposes of these rules and would include Asstt. Returning Officer also.
(xx) Section : means section of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(xxi) Voter : means an elector who has voted.

Rule3 Division of Market Area in the Constituencies
(i) For the purposes of election of six members by agriculturists, two members by traders and commission agents and one member by weighmen and measurers, as provided by clauses (a), (b) and (c) of sub-section 1 of section 9 of the Act every market area shall consist of :
(a) Agriculturist constituency;
(b) Traders and commission agent constituency; and
(c) Weighmen and measurers constituency,
(ii) The market area shall, for the purposes of electing six agriculturists, be divided into six single member constituencies, each returning one candidate and there shall be separate election of each constituency. Each constituency shall consist of such number of villages or other area as may be determined by the Director :
Provided that if fifty per cent of the members representing agriculturists are required to be nominated from the neighbouring States Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan and Uttar Pradesh as required under sub-clause (a) of sub-section 1 of section 9 of the Act, the agriculturists constituency of that market area shall be divided in three single member constituencies in the manner referred to above :
Provided further that if the representation from the neighbouring States is less than fifty per cent in any market committee, the number of agriculturists constituencies may be increased so as to form the total number of members of six.
(iii) The trade and commission agents constituency and weighmen and measurers constituency shall consist of the whole of the market area.

Rule4 Electors" List
(i) The Director shall appoint an Electoral Registration Officer for each constituency who shall be an officer of Delhi Administration.
(ii) The Electoral Registration Officer shall cause to be prepared lists of electors separately for each of the constituencies specified in rule 3 in a market area in Hindi. For this purpose a central place in the constituency shall be declared by the Director as the Office of the Electoral Registration Officer for the registration of electors and may issue a notice specifying the names of the constituency, area of the constituencies and the qualification of electors and requiring them if necessary, to get themselves registered with the Electoral Registration Officer for this purpose within such time as may be specified in the said notice :
Provided that, where a person qualified to vote in a trader constituency is a firm or body corporate (including a cooperative society) such firm or body nominate a person (being a person who is either a partner of the firm or a member of the managing committee in the case of a cooperative society or a person duly authorised by any other body corporate) to vote on its behalf and intimate the name of that person to the Electoral Registration Officer within such time as may be specified in that behalf for being included in the list of electors representing that firm or society :
Provided further that if such firm or society is holding more than one licence, nevertheless, it shall not nominate more than one person as aforesaid.
(iii) No person shall be entitled to have his name entered in the list of electors for more than one constituency.
(iv) Persons entitled to be enrolled as electors shall be 21 years of age or above on the qualifying date to be specified by the Director.
(v) Every such list shall be revised before each general election, at least six months before the date on which the term of the Market Committee is due to expire :
Provided that the Director may, in the case of electors for the trader constituency and weighmen and measurer constituency, direct the revision of such list or lists also at any other time before any general election is due.

Rule5 Preparation of List of Electors of Agriculturist Constituency
(i) The Director shall cause to be prepared lists of electors entitled to have their names entered in the list of electors of Agriculturist Constituency.
(ii) The lists shall be divided into parts each consisting of electors pf a village or group of contiguous villages, which shall be numbered consecutively. The number of electors included in any part shall not ordinarily exceed eight hundred.
(iii) The names of electors in each part of the said list shall be arranged according to Khasra of the revenue estate of the land cultivates in a village by each agriculturist and where any agriculturist cultivated more than one Khasra number, his name shall be entered only in respect of all such lands.
(iv) The Director shall cause to be prepared a draft electors list showing names, age and the Khasra of the revenue estate of the land cultivated by him in a village on the basis of record of rights in Form C-4 maintained under Delhi (Land Reforms Act) or any other record maintained by or on behalf of the Administrator containing the particulars of persons cultivating agricultural land. The concerned Revenue Authority shall supply to the Director or any other officer authorised by him, necessary particulars required under this sub-rule and within such time as is specified in this behalf.
(v) Every list of electors shall show full name, age, residence and serial number of elector and the nature of his qualifications.

Rule6 Inviting Objections
(i) As soon as the draft electors" lists are ready, the concerned Electoral Registration Officer shall publish them by making a copy thereof available for inspection at a specified place in or near the area to which it relates and displaying a notice in Form 1 :
(ii) Every claim for the inclusion of a name in the electors" list and every objection to inclusion of name or to any particular or particulars therein shall be lodged with the concerned Electoral Registration Officer within a period of thirty days from the date of publication of the draft electors" list under sub-rule 1 : Provided that the Director may, by an order extend the period of such publication.
(iii) Every claim shall be :
(a) in form 2 or 2A as the case may be;
(b) signed by the person desiring his name to be included in the electors" list.
(iv) Every objection to the inclusion of a name in the electors" list shall be :
(a) in form 3;
(b) preferred only by a person whose name is already included in the electors" list.
(v) Every objection to a particular or particulars in an entry in the electors" list shall be :
(a) in form 4; and
(b) preferred only by the person to whom that entry relates
(vi) Every claim or objection shall :
(a) be presented to the Electoral Registration Officer concerned; or
(b) be sent by Registered post to the Electoral Registration Officer,
(vii) The Electoral Registration Officer shall :
(a) maintain in duplicate a list each of claims in form 5; of objections to the inclusion of name in form 6; and of objections to particulars in form 7.
(b) shall exhibit one copy of each such list on a notice board in his office.
(viii) Every claim or objection which is not lodged within the period or not in "the form and manner herein specified, shall be rejected by the Electoral Registration Officer.
(ix) If the Electoral Registration Officer is satisfied as to the validity of any claim or objections he may allow it without further enquiry after the expiry of one week from the date on which it is entered in the list exhibited by him under clause (b) of sub-rule (vii) :
Provided that where before any such claim or objection has been allowed a demand for enquiry has been made in writing to the Electoral Registration Officer by an elector of the relevant portion of the electoral list, it shall not be allowed without further enquiry.
(x) Where a claim or objection is not disposed of Under sub-rules (VlU) and (ix) the Electoral Registration Officer shall :
(a) specify in the lists exhibited by him under clause (b) of sub-rule Oil), the time and place of hearing of the Claim Or Objection ."
(b) give notice of hearing :
(i) in the case of a claim to an elector in Form 8;
(ii) in the case of an objection as to the inclusion of a name, to the objector in Form 9 and to the person objected to in Form 10; and
(iii) in the case of an objection to a particular or particulars in an entry, to the objector in Form 11.
(xi) The Electoral Registration Officer, after hearing the evidence, if any, adduced on behalf of the parties and after further enquiry, if any, shall pass order on the claim or objection and the order of the Electoral Registration Officer relating to such claim or objection shall be final.
(xii) The Electoral Registration Officer shall cause the lists to be amended in accordance with the order passed under sub-rule (xi) and shall cause them to be published finally in Hindi in such manner as he may deem fit by issuing notice in Form 12. The final list together with all relevant records shall be sent to the Director forthwith.
(xiii) Copies of such final lists including the final list of amendment and additions shall be made available for inspection and sale in whole or in part in the office of the Director or at any other place as the Director may specify, in this behalf.
(xiv) The list of electors finalised under sub-rule (xii) shall remain in force and continue in operation as the list of electors for the purpose of General Election or any subsequent bye-election, until it is revised as provided by these rules.

Rule7 Electors" List to be Conclusive
Subject to any disqualification incurred by a person, the electors list published finally under rule 6 (xii) shall be conclusive evidence for the purpose of determining whether any person is qualified to be elected at any election.

Rule8 Person Qualified to be Elected
Every person whose name is entered in the list of electors of any constituency shall, unless disqualified under these rules, be qualified to be elected.

Rule9 Right to Vote
Except as expressly provided by these rules, every person who is for the time being, entered in the list of Electors of any constituency shall be entitled to vote in that constituency.

Rule10 Disqualification for Voting
(i) No person shall be allowed to vote at any election in any constituency, if he is subjected to any disqualification under these rules.
(ii) No person shall vote in more than one constituency.
(iii) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been entered in the list of Electors for that constituency more than once; and if he does so, all his votes in that constituency shall be void.
(iv) No person shall vote at any election, if he is confined in a prison whether under a sentence or otherwise; or is in lawful custody of the police.

Rule11 Election of Chairman or Representative of Cooperative Societies
If there are more than one cooperative societies doing the business of marketing of declared agricultural produce or operating as processor in the market area, the Director shall call upon such societies, if they so desire, to communicate the names of their Chairman or in the absence of Chairman, their representative by a specified date for being elected to the Market Committee. On receipt of the names- of the Chairman or the representatives of the societies, as the case may be, the Director shall appoint a Presiding Officer under whose supervision the election shall be conducted. The Director shall direct them to elect one of them to be a member of the Market Committee. Such an election may be held by ballot on a date, place and hour to be fixed by the Director. In case of equality of votes, the election shall be made by draw of lots.

Rule12 Disqualification of Membership
(i) A person shall be disqualified for being chosen as or for being a member of a Market Committee :
(a) If he has been convicted by a court in India of any offence and sentenced to imprisonment for a term exceeding six months unless such disqualification has been removed by an order of the Administrator.
(b) If he has not attained the age of 21 years on the "qualifying date"; or
(c) If he is an undischarged insolvent; or
(d) If he is of unsound mind and stands so declared by a competent court; or
(e) If he is deaf-mute; or
(f) If he has failed to pay any fees or charges due to the Market Committee; or
(g) If he is a Government servant or a servant of the Board or any Market Committee or local authority or public undertaking or holds a licence from such Committee other than that of a trader or cooperative society commission agent or measurer and weighman; or
(h) If he has committed breach of the Act or the rule or bye-laws made thereunder more than once and has been convicted under this Act by a competent court; or
(i) If he has failed to make payments to sellers within 24 hours.
(ii) A person shall not be chosen as a member :
(a) representing the traders" constituency and weighmen and measurers constituency-if he does not ordinarily reside in the market area or if the licence issued to him, is cancelled or suspended or not renewed.
(b) representing agriculturists constituency-if his main income is not from agriculture or possesses a trader"s, commission agent"s or broker"s licence or has interest in a joint family or firm which has a trader"s or commission agent"s or broker"s or weighmen and measurer"s licence.
Explanation : For the purpose of this sub-rule, a person shall be deemed to be ordinarily residing in the market area, if he resides in such area for not less than 180 days in a calendar year.
(iii) As a representative of weighmen and measurer, if he has ceased to be a weighman or measurer or if his licence has been cancelled or suspended or not renewed.
(iv) A person shall be disqualified for being a member of the Market Committee as a representative of any institution, if he or a firm of which he is a partner or body corporate (other than the cooperative societies) in which he is a Director, or a Joint Family of which he is a member does business as a trader, commission agent, weighman or measurer.

Rule13 Appointment of Returning Officer
For every constituency, for every election to fill seat or seats in the Market Committees, the Director shall designate or nominate a Returning Officer who shall be an officer of Delhi Administration : Provided that nothing in this rule shall prevent the Director from designating or nominating the same person to be Returning Officer for more than one constituency.

Rule14 Appointment of Presiding Officers for Polling Stations
The Returning Officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for a candidate in or about the election :
Provided that if a polling officer is absent from the polling station, the Presiding Officer may appoint any person, who is present at the polling station other than a person who has been employed by or on behalf or has been otherwise working for, a candidate in or about the election to be the polling officer during the absence of the former officer and inform the Returning Officer, accordingly :
Provided further that nothing in this rule shall prevent the Returning Officer from appointing the same person to be the Presiding Officer for more than one polling station in the same premises.

Rule15 General Duties of the Presiding Officer
It shall be the general duty of the Presiding Officer at a polling station to keep order there and to see that the poll is fairly conducted.

Rule16 Duties of a Polling Officer
It shall be the duty of the foiling Officer at a polling station to assist the Presiding Officer for such station in the performance of his functions.

Rule17 Election Agents
A candidate at an election may appoint in Form 19 any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given by forwarding the same in duplicate to the Returning Officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment.

Rule18 Disqualifications for being an Election Agent
Any person, who is for the time being disqualified under these rules for being a member of the Committee or for voting at election shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.

Rule19 Functions of Election Agents
An election agent may perform such functions in connection with the election as are authorised by the candidate to be performed by an election agent and as provided in these rules.

Rule20 Appointment of Polling Agents
(i) A contesting candidate or his election agent may appoint one agent and two relief agents to act as polling agents of such candidate at each polling station.
(ii) Every such appointment shall be made in Form 20 and shall be made over to the polling agent for production at the polling station.

Rule21 Appointment of Polling Agents
(i) A contesting candidate or his election agent may appoint one counting agent at each polling station and not more than two persons as his counting agents with the Returning Officer in Form 21 in duplicate, one copy of which shall be forwarded to the Returning Officer, while the other copy shall be made over to the counting agent for production before the Presiding Officer not later than one hour before the time fixed for counting under rule 51 (i).
(ii) A person acting as a polling agent for a candidate at a polling station can also be appointed as counting agent at that polling station by the same candidate or his election agent.

Rule22 Order for General Election of Market Committee
(i) A general election shall be held for the purpose of constituting a new Market Committee on the expiration of the duration of the existing Market Committee or on its supersession.
(ii) For the said purpose, the Director shall by an order call upon all the constituencies in a market area to elect members in accordance with the provisions of these rules before the date specified by him in the order.

Rule23 Appointment of Dates for Nomination etc.
(i) As soon as the order calling upon a constituency to elect a member or members is issued, the Director shall, by notification in the Official Gazette, appoint :
(a) the last date for making nominations, which shall be the seventh day after the date of issue of the said order or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nomination or if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last date for the withdrawal of candidatures which shall be the second day after the date for scrutiny of nominations or if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date or dates on which a poll shall, if necessary, be taken which shall be a date not earlier than the twentieth day after the last date for the withdrawal of candidature and the hours of poll.
(e) the date before which the election shall be completed.
(ii) The Director shall, not less than 35 days before the date fixed for the poll, publish in Hindi the dates so appointed by means of notice in newspaper circulated in the market area and put copies of such notice on the notice board of the Market Committee and the village chopals and at other conspicuous places in the village included in the market area.

Rule24 Nomination of Candidate
(i) Any person may be nominated as a candidate for election to fill a seat, if he is qualified to be chosen to filled seat under the provisions of these rules.
(ii) Every nomination paper presented under rule 25 shall be completed in Form 13.
(iii) A nomination paper shall be supplied by the Returning Officer or an officer authorised by him, in this behalf to an elector on demand.

Rule25 Presentation of Nomination Paper and Requirements for Valid Nomination
(i) On or before the date specified under clause (a) of sub- rule (i) of rule 23, each candidate either in person or by his proposer, shall deliver between the hours of 11.00 A.M. and 3.00 P.M. to the Returning Officer during the period and at the place specified in the order made under rule 23, a nomination paper completed as provided by rule 24 and signed by the candidate and by an elector of the constituency as proposer.
(ii) Any person who is not subject to any disqualification as an elector under these rules and whose name is entered in the list of electors for the constituency for which the candidate is nominated, may subscribe as proposer, but shall not subscribe as proposer for more than one candidate.
(iii) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the list of electors :
Provided that the "Returning Officer spermmN) ctcand sA Xwxv error in novmnatiorx paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the lisi of electors and where necessary any clerical or printing error in the said entriei shall be overlooked.
(iv) A nomination paper received after the date and the time specific under sub-rule (1) of rule 23 and sub-rule (1) of rule 25 respectively shall be rejected.
(v) Where the candidate is an elector of a different constituency, a certified copy of the relevant entries in such list of electors shall, unless it has been filed along with a nomination paper, be produced before the Returning Officer at the time of scrutiny.
(vi) Nothing in this rule shall prevent a candidate from being nominated by more than one nomination paper for election in the same constituency subject to the maximum of four nomination papers.

Rule26 Symbol of Election
(i) The Director shall by order paste on the notice board of the Market Committee and specify the symbols that may be chosen by candidates at an election in any constituency and the restrictions to which their choice shall be subject.
(ii) Where at any such election more nomination papers than one are delivered on behalf of a candidate the declarations as to symbols made in the nomination paper first delivered and no other declaration as to symbol shall be taken into consideration even if that nomination paper has been rejected.

Rule27 Deposits
A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited with the Returning Officer, a sum of rupees one hundred in cash at the time of nomination : Provided that, where a candidate has been nominated by more than one nomination paper for election in the same constituency not more than one deposit shall be required of him under this rule.

Rule28 Notice of Nomination and Time and Place for the Scrutiny
The Returning Officer shall on receiving the nomination paper under sub-rule (i) of rule 25 inform the person or persons delivering the same, of the day, time and place fixed for the scrutiny of nomination, and sljall enter on the nominations paper its serial number and shall sign thereon a certificate stating the date on which and the hours at which the nomination paper has been delivered to him and shall as soon as may be thereafter cause to be fixed in some conspicuous place in his office a notice of the nomination in Form 14 containing descriptions similar to those contained in the nomination paper both of the candidate and of the proposer.

Rule29 Scrutiny of Nominations
(i) On the date specified for the scrutiny of nominations under rule 23(b) the candidates, one proposer of each candidate and one other person duly authorised, in writing, by each candidate may attend at the time and place specified in this behalf, under rule 28 and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered as required by sub-rule (i) of rule 25.
(ii) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination, and may, either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds :
(a) that the candidate is disqualified for being chosen to fill the seat under these rules;
(b) that the proposer is disqualified from subscribing a nomination paper under these rules;
(c) that there has been a failure to comply with any of the provisions of rule 25 or 27;
(d) that the signature of the candidate or the proposer on the nomination paper is not genuine.
(iii) Nothing contained in clause (c) or (d) of sub-rule (2) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
(iv) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial nature.
(v) The Returning Officer shall hold the scrutiny on the date specified, in this behalf, under rule 28 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control :
Provided that in case objection is raised before the Returning Officer by any person at any time of scrutiny, the candidate concerned may be allowed time to rebut it not later than the next day, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
(vi) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record, in writing, a brief statement of his reasons for such rejection.
(vii) For purposes of this rule, the production of a certified copy of an entry made in the list of electors of the relevant constituency by a candidate/proposer shall be conclusive evidence of the right of any elector named in that entry to stand for elector unless it is proved that the candidate is otherwise disqualified.
(viii) Immediately, after all the nomination papers have been scrutinised and decision accenting, ot rejecting, the same have been vecotded, the Returning Officer shall, subject to the provisions of rule 31 prepare a list of validly nominated candidates whose nomination have been found valid in Form 15 and cause it to be affixed on the Notice Board and shall also record the date on which, and the time at which, the list was so affixed.

Rule30 Withdrawal of Candidature
(i) Any candidate may withdraw his candidature by notice in Form 16 subscribed by him and delivered to the Returning Officer.
(ii) The notice shall be delivered to the Returning Officer before 3 o"clock in the afternoon on the last day fixed for withdrawal of candidature.
(iii) The notice may be delivered either by the candidate in person or by his proposer who has been authorised, in this behalf, in writing by the candidate.
(iv) No person who has given a notice of withdrawal of his candidature under sub-rule (i) shall be allowed to cancel the notice.
(v) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-rule (i) cause notice to be affixed on the notice board, in his office in Form 17.

Rule31 Preparation of List of Contesting Candidates
(i) Immediately after the expiry of the period within which candidates may be withdrawn under sub-rule (i) of rule 30, the Returning Officer shall prepare and publish in Form 18 a list of contesting candidates, that is to say, candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature within the specified period.
(ii) The said list shall, subject to the provisions of sub-rule (i) contain the names and addresses of the contesting candidates in Hindi as given in the nomination papers and the symbol allotted to each one of them. The names shall be arranged in the said list in the order of the receipt of the nomination papers.
(iii) Where a poll becomes necessary, the Returning Officer shall consider the choice of symbol expressed by the contesting candidates in their nomination papers and subject to any general or special directions issued in this behalf by the Director :
(a) allot different symbols to each contesting candidate, as far as practicable, of his choice; and
(b) if more contesting candidates than one have indicated their preference for the same symbol, decide by lot to which of such candidates the symbol will be allotted.
(iv) The allotment by the Returning Officer of any symbol to a candidate shall be final.
(v) Every candidate shall forthwith be informed of fhe symbol allotted to him and be supplied with a specimen thereof by the Returning Officer.

Rule32 List of Contesting Candidates to be Fixed on Notice Board
The Returning Officer shall, immediately after its preparation, cause a copy of the list of candidates to be affixed on the notice board in his office and shall also supply a copy to each of the contesting candidates and to the Market Committee and the Director the same day.

Rule33 Death of Candidate before Poll
If a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death, countermand the poll and the Returning Officer shall report the fact to the Director and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election :
Provided that,-
(a) no further nomination shall be necessary in the case of a person who was contesting candidate at the time of the countermanding of the poll;
(b) no person, who has given a notice of withdrawal of his candidature under sub-rule (i) of rule 30 before the countermanding of the poll, shall be ineligible for being nominated as a candidate for the election after such countermanding.

Rule34 Uncontested Election
In any constituency, if there is only one candidate whose nomination has been accepted, the Returning Officer shall forthwith declare him or them to be duly elected to fill in the seat or seats, as the case may be.

Rule35 Contested Elections
In cases other than these covered by rule (34), a poll shall be taken.

Rule36 Manner of Voting at Elections
(i) At every election, where a poll is to be taken votes shall be given by ballot in the manner hereinafter provided and no votes shall be received by proxy.
(ii) Every elector from a traders" constituency shall have as many votes as there are members to be elected in the constituency but he shall not have more than one vote per candidate. Every elector in an agriculturist and weighman and measurer constituencies shall have only one vote.

Rule37 Ballot Box
Every ballot box shall be of such design as may be approved by the Director.

Rule38 Form of Ballot Paper
(i) Every ballot paper shall be in Form 22
(ii) The names of the candidates shall be arranged on the ballot paper in the same order and in the same language in which they appear in the list of contesting candidates.
(iii) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner as may be decided upon by the Returning Officer.

Rule39 Supply of Material to the Polling Station
The Returning Officer shall provide for each polling station necessary number of ballot boxes, sufficient number of ballot paper, three copies of the list of electors, a list of contesting candidates and such other papers, stationery and forms as may be necessary.

Rule40 Identification of Voters
(i) As each elector enters the polling station, the Presiding Officer or the Polling Officer authorised by him in this behalf shall check the elector"s name and other particulars with the relevant entry in the list of electors and then call out the serial number, name and other particulars of the elector.
(ii) In deciding the right of a person to obtain a ballot paper the Presiding Officer or the Polling Officer shall overlook merely clerical or printing errors in an entry in the list of electors, if he is satisfied that such person is identical with the elector to whom such entry relates.

Rule41 Challenging of Identity
(i) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of five rupees in cash with the Presiding Officer. For each such challenge the Presiding Officer shall issue a receipt thereof to the challenger.
(ii) On such deposit being made the Presiding Officer shall :
(a) warn the person challenged of the penalty for personation;
(b) read the relevant entry in the electors list in full and ask him whether he is the person referred to in that entry;
(c) enter his name and address in the list of challenged votes in Form 25;
(d) require him to affix his signature in the said list.
(iii) The Presiding Officer shall thereafter hold a summary enquiry into the challenge and may for that purpose :
(a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity;
(b) put to the person challenged any question or questions necessary for the purpose of establishing his identity and require him to answer them on oath; and
(c) administer an oath to the person challenged and any other person offering to give evidence.
(iv) If, after the enquiry, the Presiding Officer considers that the challenge has not been established, he shall allow the person challenged to vote, and if he considers that the challenge has been established he shall debar the person challenged from voting.
(v) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (i) be forfeited to the Market Committee concerned and in any other case, he shall return it to the challenger at the conclusion of the enquiry.

Rule42 Issue of Ballot Paper
(i) No ballot paper shall be issued to any election before the hour fixed for the commencement of the poll.
(ii) No ballot paper shall be issued to any elector after the hour fixed for the closing of the poll except those who are present inside the polling station at the time of the closing of the poll. Such electors shall be allowed to record their votes even after the poll closes.
(iii) As soon as the identity of the elector is established, his left hand fore-finger shall be marked with indelible ink on the root of the nail or if the left hand is missing, on the forefinger of the right hand and if such mark already exists, the elector shall not be allowed to vote.
(iv) Every ballot paper shall, before issue to an elector, be stamped on the top-right comer with such distinguishing mark as the Director may direct.
(v) The Presiding Officer shall sign on the reverse of all the ballot papers to be issued to electors at the polling stations. At the time of issuing a ballot paper to an elector the polling officer concerned shall record the serial number thereof against the entry relating to the elector in the copy of the list of electors set apart for the purpose.
(vi) Save as provided in sub-rule (v), no person in the polling station shall note down the serial number of the ballot paper issued to a particular elector.

Rule43 Voting Procedure
(i) The elector on receiving the ballot paper shall forthwith :
(a) proceed to one of the polling compartments;
(b) there mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote;
(c) fold the ballot paper so as to conceal his vote;
(d) if required, show *he Presiding Officer the distinguishing mark on the ballot paper;
(e) insert the folded ballot paper into the ballot box; and
(f) quit the polling station.
(ii) Every elector shall vote without undue delay.
(iii) No elector shall be allowed to enter a polling compartment when another elector is inside it.

Rule44 Recording of Vote by Blind or Infirm Voter
(i) If owing to blindness or other physical infirmity an elector is unable to recognise the symbols on the ballot paper or to make a mark thereon, the Presiding Officer shall record the vote on the ballot paper in accordance with the wishes of the elector, fold it so as to conceal the vole and insert it into the ballot box.
(ii) While acting under this rule, the Presiding Officer shall observe as much secrecy as is feasible. He shall keep a brief record of each such instance in Form 23B, but shall not indicate therein the manner in which any vote has been given.

Rule45 Spoilt and Returned Ballot Papers
(i) An elector, who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the Presiding Officer and- on satisfying him of the inadvertence, be given another ballot paper and the ballot paper so returned shall be marked "Spoilt-cancelled" by the Presiding Officer.
(ii) If an elector after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer and the ballot paper so returned shall be marked as "returned-cancelled" by the Presiding Officer.
(iii) All ballot papers cancelled under sub-rule (i) or sub- rule (ii) shall be kept in a separate packet.

Rule46 Tendered Votes
(i) If a person representing himself to be an elector asks for a ballot paper after another person has already voted as such elector, he shall on satisfactorily answering questions relating to his identity as the Presiding Officer may ask, be entitled, subject to the following provisions, to cast a ballot paper (hereinafter referred to as a "tendered ballot paper" in the same manner as any other elector.
(ii) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in the tendered voter list in Form 23A.
(iii) A tendered ballot paper shall be the same as the other ballot papers used at the polling station except that it shall be :
(a) of the last serial in the bundles of ballot paper issued for use at the polling station; and
(b) endorsed on the back with the words "tendered ballot paper" by the Presiding Officer in his own hand and signed by him and affixed with a distinguishing mark.
(iv) The elector, after marking a tendered ballot paper in the polling compartment and folding it, shall instead of putting it into the ballot box give it to the Presiding Officer, who shall place it in a cover specially kept for the purpose.

Rule47 Closing of Poll
(i) The Presiding Officer shall close a polling station at the hour fixed on that behalf under rule 23(i)(d) and shall not thereafter admit any elector into the polling station : Provided that, all electors present inside the polling station before it was closed shall be allowed to cast their vote.
(ii) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the Presiding Officer and his decision shall be final.

Rule48 Adjournment of Poll in Emergencies
(i) If, at election the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling station or the Returning Officer shall inform the candidates or their agents in writing about the station and announce the adjournment of the poll to a date to be notified later, and where the poll is adjourned by a Presiding Officer, he shall forthwith inform the Returning Officer concerned.
(ii) Where a poll is adjourned under sub-rule (i) the Returning Officer, shall immediately report in writing the circumstances to the Director and the candidates concerned and shall as soon as may be, appoint the date on which the poll shall recommence and fix the polling station at which and the hours during which the poll will be taken and shall not count the votes cast at such election until such adjourned poll shall have been completed.
(iii) In every such case as aforesaid, the Returning Officer in such manner as he may deem fit shall notify the date, place and hours of polling fixed under sub-rule (ii).

Rule49 Procedure on Adjournment of Poll
(i) If the poll at any polling station is adjourned under rule 48 provisions of rule 53 to 55 shall as far as practicable apply as if the poll was closed at the hour fixed in that behalf under rule 23(1 )(d).
(ii) When an adjourned poll is recommended under sub-rule (ii) of rule 48 the voters who have already voted at the poll so adjourned shall not be allowed to vote again.
(iii) The Returning Officer shall provide the Presiding Officer at the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the list of the electors and a new ballot box.
(iv) The Presiding Officer shall open the sealed packet in the presence of the polling agents and use the marked copy of the list of electors for recording the serial number of the ballot papers issued to voters at the adjourned poll.
(v) The provisions of the Act and these Rules shall apply to every such recommended poll as they apply to the original poll.

Rule50 Fresh Poll in Case of Destruction, etc., of Ballot Boxes
(i) If at any election :
(a) any ballot box used at a polling station unless fully taken out of the custody of the Presiding Officer is accidentally destroyed or lost, or is damaged or tampered with to such an extent, that the result of the poll at that polling station cannot be ascertained;
(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at the polling station, the Presiding Officer shall forthwith report the matter to the Returning Officer.
(ii) The Returning Officer thereupon shall after taking all material circumstances into account, either :
(a) declare the poll at that polling station to be void, appoint a day, fix the hours for taking a fresh poll at that polling station and notify the day so appointed and the hours so fixed in such manner as may deem fit, or
(b) if satisfied that the result of a fresh poll at that polling station will not, in any way, affect the result of the election or the error or irregularity in procedure, is not material, issue such directions to the Presiding Officer under intimation to the candidates or their agents as he may deem proper for the further conducting and completion of the election,
(iii) The provisions of the Act and these rules shall apply to every such fresh poll as they apply to the original poll.

PART 2 COUNTING OF VOTES

PART Rule51 Scrutiny and Rejection of Ballot Papers
(i) The counting of votes will be taken up soon after the poll is over at the respective polling stations.
(ii) The ballot box or boxes used at the polling station shall be shown by the Presiding Officer to such of the polling agents as are present at that time, that the seals and boxes are intact.
(iii) Thereafter, the boxes shall be opened and the ballot papers taken out of such ballot box shall be arranged in convenient bundles and scrutinised.
(iv) The Presiding Officer shall reject a ballot paper-
(a) if it bears any mark or writing by which the voter can be identified; or
(b) if no vote is recorded thereon; or
(c) if votes are given on it in favour of more candidates than there are vacancies to be filled in;
(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given; or
(e) if it is spurious ballot paper; or
(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(g) if it bears a serial number or is of a design, different from the serial number, or design of the ballot papers authorised for use at the polling station; or
(h) if it does not bear the mark which it should have borne under the provisions of sub-rule (v) of rule 42 :
Provided that :
(i) where a Presiding Officer is satisfied that any such defect as is mentioned in clause (g) or (h) has been caused by any mistake or failure on the part of the Polling Officer the ballot paper shall not be rejected merely on the ground of such defect;
(ii) a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked.
(v) Before rejecting any ballot paper under sub-rule (2) the Presiding Officer shall allow such counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper,
(vi) The Presiding Officer shall record on every ballot paper which he rejected the letter "R" and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp.
(vii) All ballot papers rejected under this rule shall be bundled together.

Rule52 Counting of Votes
(i) Every ballot paper which is not rejected under rule 51 shall be counted as one valid vote for all such candidates as there are marks subject to the number of vacancies :
Provided that no cover containing tendered ballot shall be opened and no such paper shall be counted.
(ii) After the counting of ballot papers contained in all the ballot boxes used at a polling station has been completed the Presiding Officer shall make the entries in a result sheet in Form 26 and announce the particulars.
(iii) The valid ballot papers thereafter shall be bundled together and kept along with the bundle of rejected papers in a separate packet which shall be sealed and on which shall be recorded the following particulars, namely :
(a) the name of the constituency;
(b) the particulars of the polling station where the ballot papers have been used; and
(c) the date of counting.

Rule53 Account of Ballot Papers
The Presiding Officer shall, at the close of the poll, prepare a ballot paper account in Form 24 and enclose it in a separate cover with the words "Ballot Paper Account" superscribed thereon.

Rule54 Sealing of Other Packets
(i) The Presiding Officer shall then make into separate packets :
(a) the marked copy of the list of electors,
(b) the unused ballot papers,
(c) the used ballot papers,
(d) the cancelled ballot papers,
(e) the cover containing the tendered ballot papers and the list of tendered ballot papers,
(f) the list of challenged votes; and
(g) the keys and locks used on the ballot boxes;
(h) Receipt Book for challenged votes;
(i) Cash received on account of challenged votes (to be handed over to Returning Officer);
(j) spoilt ballot papers;
(k) ballot papers returned by electors without use.
(ii) Each such packet shall be sealed with the seals of the Presiding Officer and of those candidates or their agents, if any present, who may desire to affix their seals thereon.

Rule55 Transmission of Board Boxes, Packets etc.
(i) The Presiding Officer shall then deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct :
(a) the ballot paper account;
(b) the sealed packets referred to in rule 54; and
(c) all other papers used at the poll.
(ii) The Returning Officer shall make adequate arrangements for the safe transport of all packets and other papers and for their safe custody till they are deposited with the Director.
(iii) The Returning Officer after receiving the result in Form 26 in respect of all the polling stations of the constituency under his charge, shall compile the result and declare the candidate securing the majority of votes as elected. He shall also prepare a return of election in Form 27 and send copies thereof to the Director.

Rule56 Counting to be Continuous
The Presiding Officer shall, as far as practicable, provide continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, let the ballot papers, packets and other papers relating to the election sealed with his own seal and the seals of such candidates or their agents as may .desire to affix their seals and shall cause adequate precautions to be taken for their safe custody.

Rule57 Re-commencing of Counting after Fresh Poll
(i) It a fresh poll is held under rule 50 the Presiding Officer shall after completion of that poll commence the counting of votes immediately.
(ii) The provisions of rules 52 and 56 shall apply so far as may be to such further counting.

Rule58 Recount of Votes
(i) After the completion of the counting the Returning Officer shall record in the result sheet in Form 26 the total number of votes polled by each candidate and announce the same.
(ii) After such announcement has been made a candidate or, in his absence his election agent may apply in writing to the Returning Officer for recount of all or any ballot papers already counted stating the grounds on which he demands such recount.
(iii) On such an application being made the Returning Officer shall decide the matter and allow the application in whole or in part or may reject it in total, if it appears to him to be frivolous or unreasonable.
(iv) Every decision of the Returning Officer under sub-rule (iii) shall be in writing and contain the reasons therefor.
(v) If the Returning Officer declares under sub-rule (iii) to allow the application either in whole or in part, he shall :
(a) count the ballot papers again in accordance with his decision;
(b) amend the result sheet in Form 26 to the extent necessary after such recount; and
(c) announce the amendments so made by him.
(vi) After the total number of votes polled by each candidate has been announced under sub-rule (i) or sub-rule (v), the Returning Officer shall complete and sign the result sheet in Form 26 and no application for a recount shall be entertained thereafter :
Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and their agents present at the completion thereof have been given a reasonable opportunity to exercise the right referred by sub-rule (ii).

Rule59 Power to Declare Persons Elected in Certain Contingencies
If at any election after counting of votes is completed, an equality of votes is found to exist between any candidates, the addition of one vote will entitle any of these candidates to be declared elected and the Returning Officer shall decide between those candidates on whom the lot falls and who had received an additional vote.

Rule60 Declaration of Result
The Returning Officer shall then, subject to the provisions of rule 58, if and so far as they apply to the particular case, and if he has been so empowered by the Director thereunder declare to be elected the candidate to whom the highest number of valid votes have been given, complete and certify the return of election in Form 27 and send signed copies thereof to the Director as soon as possible.

Rule61 Publication of Names of Members
(i) On receipt of election returns under rule 60 the Director shall publish the names of all elected members by causing a list of such names (together with their permanent addresses and the names of the "constituencies from which they are elected) to be pasted on the notice board or at any prominent place in the office. He shall also get the said list published in the Official Gazette.
(ii) The Director shall also publish the names of members falling under clauses (c), (d), (e), (i) and (g) of sub-section 1 of section 13 by causing a list of such names (together with their permanent addresses) to be pasted on the notice board or at any, prominent place in his office.

Rule62 Return or Forfeiture of Candidate's Deposit
(i) The deposit made under rule 27, shall either be returned to the person making it or his legal representative or be forfeited to the Market Committee in accordance with the provisions of this rule.
(ii) Except in cases hereafter mentioned in this rule, deposit shall be returned as soon as practicable after the result of the election is declared.
(iii) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list, or after his death to his legal heir
(iv) Subject to the provisions of sub-rule (iii), the deposit shall be forfeited if at an election where a poll has been taken the candidate is not elected and the number of valid votes polled by him does not exceed one-tenth of the total number of valid votes polled by all the candidates in the constituency.

Rule63 Production, Inspection and Disposal of Election Papers
(i) While in the custody of the Director :
(a) the packets of unused ballot papers;
(b) the packets of used ballot papers whether valid, tendered or rejected; and
(c) the packet of marked copies of the list of electors shall not be opened and their contents shall not be inspected by or produced before any person or authority except under the order of the Director or the Administrator.
(ii) All other papers relating to the election shall be open to public inspection.
(iii) The packets referred to in sub-rule (i) shall be retained for a period of six months and shall thereafter be destroyed subject to any directions to the contrary given by the Director.
(iv) All other papers relating to the election shall be retained until such time as is fixed by the Director, in this behalf, and shall thereafter be destroyed subject to any direction to the contrary given by the Director.

Rule64 Casual Vacancies in Market Committee
When the seat of a member elected to a Market Committee becomes vacant or is declared vacant or his election including bye-election to the Market Committee is set aside, the Director shall fix the date to fill the seat and the provisions of these rules shall thereupon mutatis mutandis apply accordingly.

Rule65 Determination of Election Disputes
(i) If the validity of any election, including bye-election of a member of Market Committee is brought into question by a person qualified either to be elected or to vote at the election to which such question refers such person may, within seven days after the date of the declaration of the result of the election file a petition in the form of a memorandum in writing to the Director along with a fee of Rs. 100 to be deposited in cash.
(ii) On receipt of an application under sub-rule (i) the Director shall, after giving an opportunity to the applicant to be heard and after making such enquiry as he deems fit, pass an order confirming or amending the declared result of election or setting the election aside. If the Director sets aside the election of that member he shall as early as possible arrange for holding a fresh election for the concerned constituency.
(iii) Any person aggrieved by the decision of the Director may, within seven days from the date on which the decision is communicated to him, appeal to the Administrator against such decision, and the decision of the Administrator on appeal, shall be final.

Rule66 Election Papers to be Forwarded to the Director
(i) The Returning Officer shall in separate sealed packets forward to the Director all papers relating to election including :
(a) the ballot papers counted as valid;
(b) the ballot papers rejected as invalid;
(c) the unused ballot papers;
(d) the spoilt ballot papers;
(e) tendered ballot papers;
(f) ballot paper returned by the electors without use;
(g) list of tendered votes; (h) account of ballot papers; (i) list of challenged votes;
(j) the marked copy of the electoral roll;
(k) receipt book for challenged votes;
(l) result of election for each polling station in Form 26;
(m) result of each constituency in Form 26 (by Returning Officer); and
(n) return of election in Form 27.
(ii) Each packet shall bear a note as to its contents and name of constituency and election.

Rule67 Declaration of Disqualification
(i) If at any time, the Director, after such enquiry as he considers necessary and after giving an opportunity to the member concerned to be heard is satisfied that any member of a Market Committee elected under these rules or nominated under the Act :
(a) was subject to any of the disqualifications mentioned in rule 12 on the date of his election or nomination or;
(b) has incurred any of the disqualifications mentioned in rule 12 after his election or nomination; or
(c) has ceased to be a member representing an agriculturists" constituency, a firm, corporate body or a Co-operative Marketing and Processing Society of which he is a representative, the Director shall declare the election or nomination of such member invalid or such member shall cease to be member of the Market Committee,
(ii) Any person aggrieved by the decision of the Director may within seven days from the date on which such decision is communicated to him, appeal to the Administrator against such decision.

Rule68 Expenditure in Connection with Incidental to Elections
All expenditure incurred by the Director or Returning Officer in connection with incidental to an election of members of a Market Committee shall be defrayed in accordance with the provisions of section 12 of the Act by the Director.

Rule69 Election of the Representatives of Institutions
(i) The members of the local authorities within whose jurisdiction the market area is situated shall elect one representative to serve on the Market Committee from amongst members of the local authority as the case may be before the date fixed by the Director in this behalf.
(ii) The members of the Metropolitan Council shall elect one member from amongst its members to represent the interest of the consumers before the date fixed by the Director, in this behalf.
(iii) The Board shall recommend a panel of six names to the Administrator for nomination of two members as provided under sub-section (1) (g) of section 9 of the Act, before the date fixed by the Director, in this behalf. The panel of names received under sub-rule (iii) shall not be binding upon the Administrator.
(iv) The representatives to be elected under sub-section (1) (c), (d) and (f) of section 9 of the Act shall be elected before the date or dates fixed by the Director, in this behalf.

Rule70 Inspection of Election Record and Fees thereof
All the election records/papers except for the following shall be open to inspection and copies thereof can be obtained on such fees as may be fixed by the Director :
(a) used ballot papers;
(b) unused ballot papers; and
(c) working copy of electoral roll used at the polling station.

Rule71 Electoral Offences Promoting Enmity Among Public in Connection with Election
Any person who in connection with an election under these rules promotes or attempts to promote on grounds of caste and community, feelings of enmity or hatred among electors of a market area shall be punishable with a fine which may extend to two hundred and fifty rupees.

Rule72 Prohibition of Public Meetings on the Day Preceding the Election Day and on the Election Day
(i) No person shall convene, hold or attend any public meeting in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for election in that polling area.
(ii) Any person who contravenes the provisions of sub-rule (i) shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule73 Restriction on the Printing of Pamphlets, Posters etc.
(i) No person shall print or publish, or cause to be printed or published, any election pamphlet-poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(ii) For the purpose of this rule :
(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "Printer" shall be construed accordingly, and
(b) election pamphlet or poster means any printed pamphlet, hand bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers,
(iii) Any person who contravenes provision of sub-rule (i) shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule74 Maintenance of Secrecy of Voting
(i) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining, the secrecy of voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(ii) Any person who contravenes the provisions of sub-rule (i) shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule75 Officers etc., at Elections not to act for Candidates or to Influence Voting
(i) No person who is a Returning Officer or a Presiding or Polling Officer at an election, or an officer or clerk appointed by the Returning Officer, or the Presiding Officer to perform any duty in connection with the elections shall in the conduct or arrangement of the election do any act (other than the giving) of vote for the furtherance of the prospects of the election of a candidate.
(ii) No such person as aforesaid, and no member of a police force, shall endeavour :
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(iii) Any person who contravenes the provisions of sub-rule (i) or sub-rule
(ii) shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule76 Prohibition of Canvassing in or near Polling Stations
(i) No person shall on the date or dates on which a poll is taken at any polling station commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely :
(a) canvassing for vote; or
(b) soliciting for vote on any elector; or
(c) persuading any elector not to vote for any particular candidate, or
(d) persuading any elector not to vote at the elections; or
(e) exhibiting any notice or sign (other than an official notice) relating to elections.
(ii) Any person who contravenes the provisions of sub-rule (i) shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule77 Penalty for Disorderly Conduct in or near Polling Station
(i) No person shall, on the date or dates on which a poll is taken at any polling station :
(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice such as megaphone or a loudspeaker;
(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll or as to interfere with the work of the officers and other persons on duty at the polling station.
(ii) Any person who contravenes, or wilfully aids or abets the contravention, or the provisions of sub-rule (i) shall be punishable with fine which may extend to two hundred and fifty rupees.
(iii) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this rule, he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.
(iv) Any police officer may take such steps and may use such force, as may be reasonably necessary for preventing and contravention of the provisions of sub-rule (i) and may seize any apparatus used for such contravention.

Rule78 Penalty for Misconduct at the Polling Station
(i) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling station by the Presiding Officer or by any police officer on duty or by any person authorised in this behalf by such Presiding Officer.
(ii) The powers conferred by sub-rule (i) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station for having an opportunity of voting at that station.
(iii) If any person who has been so removed from a polling station re-enters the polling station without permission of the Presiding Officer, he shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule79 Penalty for Failure to Observe Procedure for Voting
If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation. The person committing such act shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule80 Breaches of Official Duty in Connection with Election
(i) If any person to whom this rule applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to two hundred rupees.
(ii) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(iii) The persons to whom this rule applies are the Returning Officer, Presiding Officers, Polling Officers and any other person -appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election and the expression "official duty" shall for the purpose of this rule be construed accordingly but shall not include duties imposed otherwise than by or under these rules.

Rule81 Penalty for Govt. Servants for acting as Election Agent, Polling Agent or Counting Agent
If any person in the service of the Government acts as an election agent or a polling agent or counting agent of a candidate at an election, he shall be punishable with fine which may extend to two hundred and fifty rupees.

Rule82 Removal of Ballot Papers from Polling to be an Offence
(i) Any person who at any election fraudulently takes or attempts to take, ballot paper, out of a polling station or wilfully aids or abets the doing of any such acts shall be punishable with fine which may extend to two hundred and fifty rupees.
(ii) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-rule (i), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer :
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to do so.
(iii) Any ballot paper found upon the person arrested in search shall be made over for safe custody to a police officer by the Presiding Officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

Rule83 Offences and Penalties thereof
(i) A person shall be guilty of an electoral offence if at any election, he :
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any paper or the official work or any ballot paper or any declaration of identity or official envelops used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without the authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper other than in use for the purpose of the election; or
(g) fraudulently or without the authority, as the case may be, attempts to do any of the foregoing acts or wilfully abets the doing of any such acts.
(ii) Any person guilty of an electoral offence under this rule shall be punished with a fine upto Rs. 250/- (Rupees two hundred and fifty).
(iii) For the purpose of this rule, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election in doing the counting of votes or to be responsible at an election for the used ballot papers and other documents in connection with such election, but the expression, "official duty" shall not include any duty imposed otherwise than by or under these rules.

APPENDIX 1 Notice of Publication of Draft Electors" List
Form- (See Rule 6 (1)]
Form-1
(See Rule 6 (1)] Notice of Publication of Draft Electors' List
The electors of the.. Delhi.
constituency.
Notice is hereby given that the electors' list has been prepared in accordance with the Delhi Agricultural Produce Marketing (Election) Rules, 1977 and a copy thereof is available for inspection at my office, and at. during office hours.
If there be any claim for the inclusion of a name in the electors' list or any objection to the inclusion of a name or any objection to particulars in any entry, it should be lodged on or before the 20 in Form 2, 3 or 4 as may be appropriate.
Every such claim or objection should either be presented in my office or sent by post to the address given below so as to reach me not later than the aforesaid date.

APPENDIX 2 Claim Application for Inclusion of Name
Form- [See rule 6 (iii)(a)]
Form-2
[See rule 6 (iii)(a)]
Claim Application for Inclusion of Name To
The Electoral Registration Officer,
Constituency.
Sir,
I request that my name be included in the electors' list for the above constituency in Part No. relating to.
My name (in full) ..
My father's/husband's name..
Particulars of the agricultural land cultivated by me are :
Survey No. of the land.
Survey/Sub-Division of. ...
Village...
District...
I hereby declare that to the best of my knowledge and belief :
(i) I am an occupant cultivating the agricultural land indicated above.
(ii) My age is..
(iii) I have not applied for the inclusion of my name in the electors' list for this or any other constituency.
Or
My name has been included in the electors' list of the.
constituency in . and if so, I request that the same may be excluded from the list.
Place.
(Address).
Date.
Signature or thumb impression of claimant

APPENDIX 2A Application for Inclusion of Name in the Electors" List for a Trader's Weighmen and Measurers Constituency
Form [See"5 and 6 (iii)(a)]
Form-2A
[See rule 6 (iii)(a)]
Application for Inclusion of Name in the Electors' List for a Trader's Weighmen & Measurers Constituency
To
The Electoral Registration Officer,
Constituency.
Sir,
I am A class, B class, C class Traders & Commission Agent/ licenced weighman licensed measurer of Market Committee. My licence No. is
which was issued by the Market Committee on. I am therefore entitled to be registered as an elector in the
"'Traders & Commission Agent Weighmen & Measurers constituency in the electors' list thereof.
My address is :
Yours faithfully,
Signature.
Name in Block Letters.
*Strike off if not applicable.

APPENDIX 3 Objection to Including of Name
Form- [See rule 6 (iv)(a)]
Form-3
[See rule 6 (iv)(a)]
Objection to Including of Name
To,
The Electoral Registration Officer,
.. Constituency.
Sir,
I object to the inclusion of the name ofat Serial Noto
part. of electors' list for the following reasons :
I hereby declare that the facts mentioned above are true to the best of my knowledge and belief.
My name has been included in electors' list for this constituency as follows :
Name in full.....
Serial No....
Part No....
Signature or thumb impression of objector (Full postal address)
Place .. ....
Date.. ....

APPENDIX 4 Objection to Particulars in Entry
Form- [See Rule 6 (v)(a)]
Form-4
[See Rule 6 (v)(a)]
Objection to Particulars in Entry
To,
The Electoral Registration Officer,
..Constituency.
Sir,
I submit that the entry relating to myself which appears at serial
No..." in part ..of the electors' list as ".." is not correct. It should be corrected to read as follows :
Signature or thumb impression of the elector
Place ..
Date

APPENDIX 5 List of Claims
Form- [See Rule 6 (vii)(a)]
Form-5
[See Rule 6 (vii)(a)]
List of Claims
Date of Receipt Serial Number Name of claimant Name of father/ husband/mother Survey No. or sub-division of survey No. of agricultural land cultivated by claimant Name of village in which land is situated Date, time and place of hearing 1 2 3 4 5 6 7 Electoral Registration Officer,. Constituency.

APPENDIX 6 List of Objections to Inclusion of Names
FORM- [See rule 6(vii)(a)]
FORM-6
[See rule 6(vii)(a)]
List of Objections to Inclusion of Names
Date of Receipt Serial No. Full name of objector Particulars of elector objected to Reasons, in brief, for objection Date, time and place of hearing Part No. S I. No. Name in full 1 2 3 4 5 6 7 8 Electoral Registration Officer,Constituency

APPENDIX 7 List of Objections to Particulars in Entries
FORM- [See Rule 6 (vii)(a)]
FORM-7
[See Rule 6 (vii)(a)]
List of Objections to Particulars in Entries
Date of Receipt Serial No. Name in full of elector objecting Part No. & Serial No. of entry Nature of objection Date, time and place of hearing 1 2 3 4 5 6 Electoral Registration Officer,.. Constituency

APPENDIX 8 Notice of Hearing of a Claim
Form- [See Rule 6 (x)(b)(i)]
Form-8
[See Rule 6 (x)(b)(i)]
Notice of Hearing of a Claim
To
(Full name and address of claimant)
Reference : Claim No
Take notice that your claim for the inclusion of your name in the electors'
list will be heard at (place) at.
o'clock on theday of 20You are directed to be present at the hearing with such evidence as you may like to adduce.
Place Electoral Registration Officer,
Date Constituency

APPENDIX 8A ORIGINAL
Form [See Rule 6 (x)(b) (i)]
Form-8A
[See Rule 6 (x)(b) (i)]
ORIGINAL
(To be served on claimant)
Notice of Hearing of a Claim
To
(Full name and address of claimant)
Reference : Claim No..
Take notice that your claim for the inclusion of your name in the electoral roll/electors' list will be heard at .. (place) at o'clock on the ..day of 20 You are directed to be present at the hearing with such evidence as you may like to adduce.
Place Electoral Registration Officer,
Date Constituency
CERTIFICATE OF SERVICE OF NOTICE Received notice on the date of hearing
Date
Claimant.
Certified that the notice on the claimant has been duly served by me this. ... day of on (name) personally/by affixation on residence.
Place.
Date
Serving Officer

APPENDIX 9 Notice to the Objector
Form [See Rule 6(x)(b)(ii)]
Form-9
[See Rule 6(x)(b)(ii)]
Notice to the Objector
To
(Full name and address of person objected to)
Reference : Claim No..
Take notice that your objection to the inclusion of the name of :
Will be heard at.. (place) .. o'clock on the ..
day of.. 20..You are directed to be present at the hearing with such evidence as you may like to adduce.
Place. Electoral Registration Officer,
Date. Constituency

APPENDIX 10 To be served on person objected to
Form- [See Rule 6 (x)(b)(ii)]
Form-10
[See Rule 6 (x)(b)(ii)]
(To be served on person objected to)
To
(Full name and address of person objected to)
Reference : Objection No
Take notice that the objection to the inclusion of your name at Serial No in part of the electoral list for Constituency filed by :
Full name and address of objector)
will be heard at. (place at.o'clock on the day of 20 You are directed to be present at the hearing with such evidence as you may like to adduce. The grounds of objection (in brief) are :
(a) (b) (c)
Electoral Registration Officer
Place..
Date..
Certificate of Service of Notice Received notice of the date of hearing
Date..
(Person objected to)
Certified that the notice on the person the entry relating to whose name has been objected to, has duly been served by me theday of on (name) personally/by affixation on residence.
Serving Officer
Place
Date.

APPENDIX 11 Notice of Hearing of an Objection to Particulars in an Entry
[See Rule 6 (x)(b)(iii)]
Notice of Hearing of an Objection to Particulars in an Entry
To
..
..
(Full name and address of objector)
Reference : Objection No.
Take notice that your objection to certain particulars in the entry relating to you will be heard at. (place). o'clock on the day of20..You are directed to be present at the hearing with such evidence as you may like to adduce.
Electoral Registration Officer
Constituency.
Place.
Date.

APPENDIX 12 Notice of Final Publication of Electors" List
Form- [See Rule 6 (xii)]
Form-12
[See Rule 6 (xii)]
Notice of Final Publication of Electors' List
It is hereby notified for public information that the list of amendment to the draft electors list for the Constituency has been prepared in accordance with the Delhi Agricultural Produce Marketing (Election) Rules, 1978 and a copy of the said list together with the list of amendments has been published and will be available for inspection at my office.
Place Electoral Registration Office
Constituency
Date
Address..

APPENDIX 13 Nomination Paper
Form- [See Rule 24 (ii)]
Form-13
[See Rule 24 (ii)]
Nomination Paper
Election to the Agricultural Produce Market Committee
(To be filled by the proposer)
..
Agriculturist
I hereby nominate as a candidate for election from the Agriculturist/Traders and Commission Agents/Weighmen and Measurers Constituency.
Name of Constituency :
Name of Candidate :
Father's/Husband's name :
Age :
Full postal address of the Candidate :
The name of the Constituency in which the name of the candidate is entered as an elector in the electors' list:
Serial number of the candidate in the electors' list of constituency aforementioned in which his name is entered as an elector :
Name of proposer :
Serial Number of the proposer in the electors' list of the Constituency :
Signature of the Proposer
Declaration of Candidate
I, the above-mentioned candidate assent to this nomination.
Signature of candidate
Declaration as to Choice of Symbol
I do hereby declare that the symbols which I have chosen for my election are shown below in the order of my preference:
1.
2.
3.
Signature of candidate
Serial No. of nomination paper
This nomination was delivered to me at my office at (hour)
on. (date) by the candidate/proposer of the candidate.
Signature of Returning Officer
Date
Decision of Returning Officer accepting or rejecting the Nomination Paper
I have examined this nomination paper in accordance with Rule 25 of the Delhi Agricultural Produce Marketing (Election) Rules, 1978, and decide as follows :
Date.
Signature of Returning Officer
Receipt for Nomination Paper and Notice of Scrutiny
(To be handed over to the person presenting the nomination paper)
Serial No. of Nomination Paper.
The nomination paper of a candidate, for election from the constituency of the Agricultural Produce Market Committee was delivered to me at my office at (hour) on. (date) by the *candidate/proposer of the candidate.
All nomination papers will be taken up for scrutiny at (hour) on
(date) at (place).
Date
Signature of Returning Officer

APPENDIX 14 Notice of Nomination
Form- (See Rule 28)
Form-14
(See Rule 28)
Notice of Nomination list of nominations received for *AgricuUuristy Traders/Weighmien and measurers Constituency of Agricultural Produce Market Committee
S
I.
Nature of Name of Serial No. in Address Name of Serial No. in No. Candidate Father/ Electors' list Proposer Electors' list Husband
Note : The nomination papers shall be taken up for scrutiny at ..AM/PM the ..day of.. 20..at .. (place).
..
Signature of Returning Officer
Place
Date..

APPENDIX 15 List of validly nominated candidates
Form- [See Rule 29 (viii)]
Form-15
[See Rule 29 (viii)]
Election to the Agricultural Produce Market Committee. from
Constituency..
List of validly nominated candidates
SI. No. Name of the candidate Father's/husband's name Address Choice of Symbol in order of preference 1. 2. 3. 4. 5. 6.
Place..
Date... Returning Officer

APPENDIX 16 Notice of Withdrawal
Form- [See Rule 30(r)]
Form-16
Notice of Withdrawal
[See Rule 30(r)]
Election to the Agricultural Produce Market Committee.
from Constituency.
To
The Returning Officer,
I, .. a candidate nominated at the above election do
hereby give notice that I withdraw my candidature.
Place.
Date.
Signature of candidate
This notice was delivered to me at my office at . (hour)
on. (date) by . (Name), the.
Date.
Returning Officer
Receipt for Notice of Withdrawal
(To be handed over to the person delivering the notice)
The notice of withdrawal of candidature by. a candidate at the election to the. was delivered to me by the. at my office. (hour) on. (date)
Returning Officer

APPENDIX 17 List of Withdrawal of Candidature
Form- [See Rule 30(v)]
FORM-17
List of Withdrawal of Candidature
[See Rule 30(v)]
Election to the Agricultural Produce Market Committee* from
Constituency
Notice is hereby given that the following** candidate/candidates at the above election withdraw his candidature/their candidatures today.
S
I.
No. Name of Candidate Address of Candidate Remarks 1. 2. 3. etc. Date . .. Returning Officer

APPENDIX 18 List of Contesting Candidates
Form- [See Rule 31(i)]
Form-18
[See Rule 31( I )]
List of Contesting Candidates
Election to the Agricultural Produce Market Committee
from *Agriculturist/Traders/ Weighmen & Measurers.
SI. No. Name of Candidate Address of Candidate Symbol allotted to the candidate 1. 2. 3. 4. etc. Place ..Date Signature of Returning Officer

APPENDIX 19 Appointment of Election Agent
Form- (See Rule 17)
Form-19
Appointment of Election Agent
(See Rule 17)
Election to the from. Constituency.
To
The Returning Officer
I.of. a candidate at the above election do hereby appoint . of. as my election agent from this day at the above election.
Place ..
Date.
Signature of candidate
I accept the above appointment.

APPENDIX 20 Appointment of Polling Agent
Form- (See Rule 20)
Form-20
(See Rule 20)
Appointment of Polling Agent
Election to the Agricultural Produce Market Committee from.
Constituency.
I, a candidate/the election agent of who is a candidate at the above election do hereby appoint of as a polling agent to attend polling station No.at/place fixed for the polling at.
Place.
Date.
Signature of candidate/election agent
I agree to act as such polling agent.
Place.
Date.
Signature of Polling Agent
(DECLARATION OF POLLING AGENT TO BE SIGNED BEFORE PRESIDING OFFICER)
I hereby declare that at the above election, I shall maintain and aid in maintaining the secrecy of the voting and shall not communicate to any person any information calculated to violate such secrecy.
Date. ..
Signed before me Signature of Polling Agent
Date. ..
Presiding Officer

APPENDIX 21 Appointment of Counting Agents
Form-
(See Rule 21)
Form-21
Appointment of Counting Agents
(See Rule 21)
Election to the from the. Constituency.
To
The Returning Officer
I.
a candidate/the election agent of who is a candidate at the above election, do hereby appoint the following persons as my counting agents to attend the counting of votes at.
(place).
Name of the Counting Agents Address of the Counting Agents
1.
2.
Signature of candidate/election agent
We agree to act as such counting agents.
1.
2.
Place.
Signature of Counting Agents
Date.
1.
2.
3.
DECLARATION OF COUNTING AGENTS (To be signed before the Returning Officer)
We hereby declare that at the above election we shall maintain and aid in maintaining the secrecy of the counting of votes and will not communicate to any person any information calculated to violate such secrecy.
Date.
Signature of Counting Agents
Signed before me
Date. Returning Officer

APPENDIX 22 Form 22
(See Rule 38)
Form-22
(See Rule 38)
Election to Agricultural Produce Market, Committee,
Delhi
, 20
from
Constituency
Agriculturists
Traders
Weighmen and Measurers
Serial No. of Elector

APPENDIX 23A Tendered Vote List
[See Rule 46 (iii)]
Tendered Vote List
Election to the. Agricultural Produce Markets
Committee. Constituency.
Polling station.
No. of Polling Station, if any.
S I. No. of the entry Name of the elector S I. No. of the elector in the electors list Address of the elector S I. No. of tendered ballot S I. No. of ballot paper issued to the person who has already voted Signature or thumb impression of the elector 1 2 3 4 5 6 7 Date . Signature of the Presiding Officer

APPENDIX 23B List of Blind and Infirm Voters
Form- [See Rule 44(ii)]
Form-23B
List of Blind and Infirm Voters
[See Rule 44(ii)]
Election to the from the Agriculturists/Traders and Commission Agents/Weighmen and Measurers Constituencies.
No. & Name of Polling Station/Name or Place of poll
Part No. No. & Serial of Elector Full name of Elector Signature or Thumb impression of elector
Date.
Signature of the Presiding Officer

APPENDIX 24 Ballot Paper Account
Form- [See Rule 53]
Form-24
[See Rule 53]
Ballot Paper Account
Election to the Agricultural Produce Market Committee from Constituency.
No. & Name of Polling Station
Serial No. Total 1. Number of ballot papers received by the Presiding Officer at the Polling Station or if the Polling Station has more than one booth at each booth 2. Number of ballot papers issued, to voters 3. Number of unused ballot papers returned 4. Number of ballot papers used 5. Number of tenders in ballot papers used 6. Number of ballot papers in ballot boxes
Date..
Signature of the Presiding Officer
Note. If a polling station has more than one polling booth separate account in this form shall be attached to this account in respect of each polling booth.
Date..
Signature of the Presiding Officer

APPENDIX 25 List of Challenged Votes
Form- [See Rule 41 (ii)(c)]
Form-25
[See Rule 41 (ii) (c) ]
List of Challenged Votes
Election to the Agricultural Produce Market Committee from the Constituency.
No. and Name of Polling Station
S I. No. of entry in electors' list S I. No. of part of electors' list Elector's name in that part Signature or thumb impressionof the person Address of the person challenged Name of identifier, if any Name & Address of Challenger Order of Presiding Officer Signature of Challenger
Place
Date
Signature of the Presiding Officer

APPENDIX 26 Result Sheet
Form- [See Rule 58(vi)]
Form-26
[See Rule 58(vi)]
Result Sheet
Election of the.Agricultural Produce Market Committee. Constituency.
Serial No. Polling Station Name Number of valid Votes cast in favour of A B C etc. Valid Votes Number of Rejected total Votes for Polling Stations Number of tendered Votes Remarks Total Number of votes recorded at Polling StationPlace .Date.. Returning Officer

APPENDIX 27 Form of Return of Election
Form- [See Rule 60]
Form-27
[See Rule 60]
Form of Return of Election
.. Agricultural Produce Marketing Committee Election for. Constituency.
..20
Name of Candidate Number of valid votes given for the candidate 1. 2. 3. 4. 5. etc. Total No. of valid votes :Total No. of invalid votes :Total No. of tendered votes :I declare that Name ..Address ..has been duly elected. Place.. Date.. Signature of Returning Officer

NAJAFGARH AGRICULTURAL PRODUCE MARKET COMMITTEE BY-LAWS, 1980
Whereas in exercise of the powers conferred upon it by section 65(1) of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 and with the previous sanction of the Delhi Agricultural Marketing Board, the Najafgarh Agricultural Produce Market Committee made the following By-laws which may be provided for retail sale and for purposes of regulating of business (including meeting quorum and procedure) of the Committee and conditions of trading in the Market Area, including the rates and manner of collection or refund of Market fee or any other fee mentioned in the Act : Now, in exercise of the powers conferred by sub-section (4) of the said section 65, the following By-laws having been confirmed by the Board are certified in the official Gazette.

CHAPTER 1 LEVY AND COLLECTION OF MARKET FEES

Rule1 Short TitleRule2 CommencementRule3 Definition
In these By-laws, unless the context otherwise requires(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(b) 'Agricultural Produce' means all agricultural produce as notified under section 4(1) of the Act.
(c) 'Auction Site' means the place or places, in the market approved by the Committee for auction of agricultural produce.
(d) 'Committee' means the Agricultural Produce Market Committee, Najafgarh constituted under section 8 of the Act.
(e) 'Licensee' means a person who is holder of valid licence granted by the Committee.
(f) 'Office of the Committee' means the Head Office including the branch office of the Committee, if any.
(g) 'Principal Market/Subsidiary Market' means area/areas as may be notified under sub-section (2) of section 6 of the Act.
(h) 'Proposition' means formal proposal.
(i) 'Rules' means the Delhi Agricultural Produce Marketing (Regulation) General Rules, 1978.
(j) 'Transporter' means a person who is either the owner or the person incharge of the vehicle employed for carrying agricultural produce for marketing in the Market Area.
(k) 'Unit' means the filling in a bag or a container as fixed by the Board for various items of agricultural produce under Rule 27(1).
(1) 'Weighing' includes putting the filled bag or container on the scale, adjustment of weight and putting it down from the scale.

CHAPTER 2 LEVY AND COLLECTION OF MARKET FEES

Rule4 Time and place of meetingRule5 Manner of convening a meeting and of giving notices thereofRule6 Quorum at meetingRule7 Conduct of proceeding and presidency of a meeting.Rule8 Manner of VotingRule9 Proceedings of the meetingRule10 GeneralRule11 Powers and duties of members
Every member of the Committee shall be watchful over the activities of the Market functionaries in the market and all cases of contraventions of the Act, Rules and the By-laws shall be reported to the Chairman of the Committee or the Secretary there and then.

CHAPTER 3 Market Committee Fund, Expenditure and Account

Rule12 Market Committee Fund
1. All remittances to a bank shall be accompanied by a challan in duplicate and a pass book.
2. All entries made in the pass book by the bank official shall be examined by the Secretary or such other officer, as may be authorised by the Chairman, after such transactions and if any discrepancy is discovered, it shall at once be brought to the notice of the bank and the Committee.

Rule13 Budget
The Market Committee shall annually hold a special meeting during the first week of December, to prepare a budget of Income and Expenditure for the ensuing year. The Budget shall be submitted to the Secretary of the Board not later than 25th December for approval and the abstracted account of receipt and expenditure of the previous financial year shall be submitted to the Secretary of the Board not later than 1st June. No expenditure shall be incurred for which there is no sanctioned Budget provision unless it is met from the savings from other heads which are located for re-appropriation with the approval of the Secretary of the Board.

Rule14 Travelling allowance to Market Committee members
TA. may be paid to members of the Market Committee for journey undertaken and for halts to attend meetings or in connection with any work of the Market Committee for which a member/members has/have been so deputed at such rates as are prescribed under the rules.

Rule15 Passing of urgent expenditure
Subject to Rule 9(3) while passing any bill for urgent expenditure the Chairman shall record his reasons as to why he considers the expenditure as of an urgent nature. The expenditure so incurred shall be placed for approval before the next meeting of the Market Committee. No expenditure shall be incurred unless there is budgetary provision and duly approved by the Committee.

Rule16 Passing of urgent expenditure
Authority who can pass bills and sign cheques. All cheques drawn on the Market Fund kept in a scheduled bank shall be signed by the Chairman and the Secretary jointly.

Rule17 Passing of urgent expenditure
(a) The Committee will appoint once in a year the Executive Sub-Committee consisting of the following five members :
1. Chairman of the Committee will act as ex-officio Chairman of it.
2. Two members will be from agriculturist members.
3. Two members from the traders constituency, one of which shall be from licensed Co-operative Marketing Society.
(b) Dispute Sub-Committee. The dispute sub-committee formed under rule 37 of the Act will also be empowered to decide the cases of violation of provisions of the Act, Rules and the By-Laws which may come up before the office from time to time.

Rule18 Imprest
The Committee shall decide the maximum amount of imprest which shall be kept in the custody of the Secretary of the Market Committee subject to the approval of the Secretary of the Board.

CHAPTER 4 Market Committee Fund, Expenditure and Account

Rule19 Market feeRule20 Exemption from payment of feesRule21 Refund of certain amounts due
(1)
(a) If any sum has been deposited for the grant of licence which has in fact not been issued, or
(b) A person has wrongly applied and paid for and has been granted two or more licences of the same nature for the Market Area, or
(c) Any Market fee has been recovered in excess of the amount actually due, or
(d) Any Market fee has been recovered on a transaction which is exempt under these Rules, or
(e) Any money has been paid by mistake.
(2) The application for refund shall contain such particulars which are necessary to enable the amount of refund claimed to be traced.

CHAPTER 5 Market Committee Fund, Expenditure and Account

Rule22 Grant of licenceRule23 Non-transferability of licencesRule24 Marketing of agricultural produce Retail sale.Rule25 Sale of agricultural produceRule26 Method of sale
1. Agricultural produce intended for sale shall be brought into the Market in such manner and at such times as the Market Committee may from time to time direct.
2. All articles and persons with head-loads entering the Market Yard must pass through the entrance gate after obtaining the necessary gate pass issued by the Market Committee at the entrance and on payment of such fees as is prescribed.
3. All consignments of agricultural produce processed or unprocessed, arriving in the Market Area for the purposes of sale shall be brought into the principal Market Yard/Subsidiary Market in the first instance.
4. As soon as the vehicle-load arrives at the premises of the commission agent, it will be incumbent on such commission agent to get them unloaded on the auction site for inspection of purchasers.
5. Soon after the transaction is over, the purchaser shall arrange its counting/weighment through a licensed weighman. The weighman shall execute weighment slips in triplicate on Form B-l. The first copy shall be delivered to the seller, the second to the commission agent and the third retained by himself. It shall be incumbent on every weighman to produce his weighment books in the office of the Market Committee for inspection every day.
6. On receipt of the weighment slip the commission agent will execute his bill on Form J appended to the Rules.

CHAPTER 6 MISCELLANEOUS

Rule27 Acceptance of bids
Ordinarily, agricultural produce shall be sold to the highest bidder. The seller, however, shall have the option to refuse to sell to the highest bidder or to postpone the sale of his produce to a later hour or date.

Rule28 Units of quotations
All licensed traders or commission agents shall give their quotations only in terms of such unit/units as are specified by the Market Committee with the previous approval of the Secretary of the Board.

Rule29 Storage
(1) The agricultural produce brought into the Market when unsold shall be stored in the godown owned or hired by the licensed trader for that purpose with prior intimation to the Market Committee. The goods so stored shall be weighed in the presence of the seller or his representative at the time of storing and acknowledgment indicating the kind and quality of goods shall be given by the Commission agent to the seller.
(2) The owner of the godown in which agricultural produce has been stored or is withdrawn shall intimate the Committee about the stored produce on Form B-2.
(3) No agricultural produce shall be stored in a godown or laid by the licensees which is not approved by the Committee. For registration of godown a licensee will have to apply to the Committee.
(4) The Committee may issue such direction, as it thinks necessary for regulating the storage of agricultural produce in the Market Area, from time to time.

Rule30 Trading hours and closing days
(1) The Market shall open on all days except Wednesday and other National Holidays during the year as may be decided by the Committee from time to time.
(2) The Chairman or in his absence the Vice-Chairman with the written consent of two members may under compelling circumstances order that trading on any particular day shall commence and terminate at hours other than those specified by the Market Committee in respect of auction and trading.
(3) Only licensed buyers shall be allowed to offer bids in auction to purchase through open auction.

Rule31 Duties of licensed traders and commission agents
(1) Every licensed trader shall furnish a daily report in Form L as in Rule 35(1) of the purchases and/or sale made by him or through him within the Market Area and all such other returns as may be required by the Committee.
(2) It shall be the duty of the buyer or his agent, if any, to examine the agricultural produce closely and make separate note of the quality etc., of the lots to be sold by the sellers and/or their commission agents half an hour before the sale time, so that he may bid when the produce is auctioned by the Market Committee. When the rate is fixed, the transaction shall be entered in the Form prescribed by the Committee. The bargain so struck shall be binding on both the parties.
(3) Every trader acting as a commission agent shall keep regular and separate accounts of his sales and purchases. Such an account shall be produced for inspection on demand by the Chairman or other members of the Market Committee or the Secretary and the Inspector/Supervisor of the Market Committee.
(4) All traders shall have their weights and measures or weighing scales or machines kept in prominent places. No weighment or measurement shall be done after the trading hours prescribed by the Committee.
(5) All weighments and measurements of agricultural produce in spot or ready auctions shall be made on the day of purchase. If for any unavoidable reason, weighing is not possible on the same day it shall be done on the next day and the rate of purchase shall be the rate originally agreed upon.
(6) The accounts in respect of the sale and purchase of agricultural produce and other such dealing shall be kept in the form approved by the Market Committee and they shall furnish the details of the daily transactions made. The account shall be produced to the Chairman of the Committee members or the Secretary of the Committee, inspector, supervisor or any officers authorised by the Committee on demand for inspection.
(7) It shall be the duty of every licensee to enter agricultural produce in the arrival register as soon as it has arrived. Licensee shall intimate the office in writing with the hours of arrival of such agricultural produce which is due to be entered in the auction register.
(8) Every commission agent shall prepare a receipt in quadruplicate in the prescribed form supplied by the Market Committee on payment. The original receipt shall be given to the seller at the time of payment of the sale proceeds, the duplicate shall be submitted to the Market Committee the following day, triplicate shall be given to the buyer and the fourth copy shall be retained by the commission agent for his record. Where no commission agent is engaged, the buyer shall prepare the receipt in triplicate and shall distribute the same as above.
General

Rule32 Assistants of traders and commission agents
(1) Traders and commission agents may employ assistants to work on their behalf, in the Principal Market or in the Market Area.
(2) The maximum number of such assistants shall be such as the Committee may from time to time determine.
(3) The names and addresses of such assistants shall be stated in the application for a licence by a trader and a commission agent as the case may be.
(4) No person other than those whose names appear in the licence of a trader and commission agent shall be allowed to work in the Market Area on his behalf.
(5) The licence of a trader, commission agent, or broker is liable to be cancelled, if he allows or continues to allow any person/persons whose names does not/do not appear in the register of the Market Committee to operate in a Market Area, on his behalf irrespective of whether the person/persons was/were once an authorised assistant working on his behalf.
(6) The Market Committee may refuse to grant a licence to a trader or commission agent, if, in its opinion any one or more of the assistants whose names are stated by the firm in his application are not such that their operations in the Market Area are likely to further the efficient working of the Market.
(7) On valid grounds the Market Committee may at any time remove any of the names of the assistants from the names appearing in the licence of a trader or commission agent. The person whose name has been so removed shall not be allowed to work on behalf of his employer anywhere in the Market Area.
(8) All acts of assistants shall be deemed to have been performed by their employers, who shall be fully responsible for the same.

Rule33 Duties of Weighmen, Measurers and Surveyors
(1) Every licensed weighman or measurer or surveyor shall keep such book or books and in such manner and render such daily and monthly returns at such time and in such form as the Market Committee may prescribe from to time with the approval of the Secretary of Delhi Agricultural Marketing Board.
(2) He shall render such assistance in collection and prevention of the cession of the Market fee and/or any breach of Rules and By-laws as may be required by the Market Committee.
(3) He shall not take up any service under a trader or a commission agent.
(4) He shall send the weighment and the measurement books daily to the office of the Market Committee for verification.
(5) Every weighman and measurer shall use only the standard weights and measurers.

Rule34 Prevention of unauthorised person from operating in the Market Area
(1) The Chairman, the members of the Committee, the Secretary and any other employee of the Committee shall be empowered to demand the production of such proof of his bona fides from any person/persons suspected of operating in the Market Area without proper authorisation.
(2) All licensees shall report to the Market Committee all cases of operation by persons suspected to be operating without a licence and/or badge etc.

Rule35 Badges and token to be worn
(1) Every weighman and measurer and palledar shall be supplied free of cost with a suitable badge as soon as the licence is issued.
(2) In case of loss, mutilation or any other defacement of the badge the Committee shall be entitled to require the licensees to reimburse to the Committee the cost of badge as decided by the Committee or by any other officer empowered in this behalf.
(3) Badges shall be worn only by the persons holding a licence in respect of which such badges are granted and are in any case not transferable. A breach of this By-law shall cause the cancellation or suspension of the licence.

Rule36 Equipment
The Committee shall direct the traders, the commission agents, the weighmen, the measurers and the surveyors to keep such equipment as it thinks necessary.

Rule37 Price to be fixed for produce
The price/quotation given or communicated by the traders or the commission agent shall be deemed to be for the agricultural produce only and not for the articles used as a container thereof unless otherwise specifically provided in the By-laws.

Rule38 Counter balance in weighment
The weighman, when the produce is weighed, shall in each case clearly state in his weighment slip, the counter balancing weight equivalent to the weight of the rope or gunny bag or any other article used as a container for the agricultural produce weighed, which was added on the weight side of the scale.

Rule39 Payment of sale proceeds
As soon as weighment of the agricultural produce is over the licensed commission agent/trader will make the payment to producer/seller of his produce.

Rule40 Advance to agriculturist
All licensed commission agents shall keep a separate account book in respect of each borrower for the advance given by them.

Rule41 Disposal of complaints
On receipt of a written complaint regarding matters relating to the sale and purchase of agricultural produce in the market, the Secretary shall conduct an enquiry and shall make a report to the Chairman. The Chairman shall take such steps as he thinks necessary, in accordance with the provisions of the Act, Rules and By-laws.

Rule42 Publication of directions
(1) All directions issued by the Market Committee for the general guidance of persons using the Market shall be deemed to have been published when notices containing such directions are pasted on the notice board.
(2) The Market Committee may, if it thinks necessary, cause such notice to be served on the persons concerned or to be published in the local newspapers.

Rule43 Licensee to assist in smooth working of the Market
The Market Committee may, take action as it deems necessary, e.g. suspension, cancellation, or debarment from holding a licence from the Market Committee, or the forfeiture of a part or the whole of the deposit/security kept with the Market Committee, against any person, who in its opinion is responsible for such commission or omission, as is calculated to impede the smooth working of the Market.

Rule44 Inspection and submission of account books etc
(1) All traders and commission agents may be required to submit for examination and inspection their account books, ledgers, etc. on demand by the Chairman or in his absence the Vice-Chairman of the Market Committee or the Secretary of the Market Committee.
(2) Such inspections shall be limited to obtaining information relevant to the matter under investigation, and information so obtained, shall be used only for the legitimate purposes of the Market Committee.

Rule45 Composition of offences
When an offence committed under the Act or Rules or By-laws made thereunder, is resolved to be compounded under section 70(1) the Committee may in addition to the fee or additional fee levied may levy on the defaulter a penalty not exceeding the amount equal to the amount of fee.

Rule46 Publication of proceedings
Proceedings of the Market Committee or any of its sub-committees shall not be published in the press by any person unless so authorised by the Chairman.

Rule47 Sale of By-laws
The Market Committee shall make available copies of By-laws for sale at a price fixed by the Market Committee from time to time.

Rule48 Market Intelligence
(1) The Market Committee shall collect the data of prices and furnish the same to the authorities according to the direction given by the Director.
(2) It shall collect information relating to arrival along with their places of origin, stock, despatches, destination wise and submit weekly reviews and returns on the prescribed proforma every Friday.
(3) The information relating to ruling prices shall be sent by Telegram/Telephone to quarters concerned or any other agency suggested by the Director.
(4) The daily ruling market prices shall be displayed by the Committee on the notice board. It may get prepared charts, graphs and other statistical data, relating to the marketing and displaying the same in its office.
(5) The Market Committee shall follow any other instructions given to it by the Director from time to time in this behalf.

APPENDIX B1 Form
Form
[See By-law No. 25 (5)]
Agricultural Produce Market Committee, Najafgarh Delhi
Form No. B-1
[See By-law No. 25 (5)]
Weighment Counting Slip
No Dated
Dated
Name of Weighman Licence No
Gate Pass No. Name of Produce Quality/ Weight/ Number Weight of Container & Number of Containers Net Weight/ Quantity in No.
Signature of Weighman.

APPENDIX B2 Form
Form
[See By-law 29 (2)]
Agricultural Produce Market Committee, Nazafgarh, Delhi '
Form No. B-2 [See By-law 29 (2)]
No Name of Warehouseman with address
Dated
Received the following Agricultural Produce from
Issued the following Agricultural Produce to;
STORAGE WITHDRAWAL Name of Agricultural Produce No. of Packages/ Bags Weight R. No. No. of Packages/ Bags Weight 1. 2. 3. 4. 5. 6. 7. . 9.
Rate Storage charges paid
For (Period) Received the above goods in good and satisfactory condition with a copy of this form.
Signature of Warehouseman Signature of the owner of Produce

ZAKHIRA AGRICULTURAL PRODUCE MARKET COMMITTEE BY-LAWS, 1984

ZAKHIRA AGRICULTURAL PRODUCE MARKET COMMITTEE BY-LAWS, 1984

CHAPTER 1 CHAPTER

Rule1 Short title
These by-laws shall be called the Zakhira Agricultural Produce Market Committee By-Laws, 1984.

Rule2 Commencement
They shall come into force with effect from the date of their publication in the Official Gazette.

Rule3 Definition
In these by-laws, unless the context otherwise requires
(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(b) 'Agricultural Produce' means all agricultural produce as notified under section 4(1) of the Act.
(c) 'Auction Site' means the place or places in the market, approved by the committee for auction of agricultural produce.
(d) 'Committee' means the Agricultural Produce Market Committee, Zakhira as constituted under section 8 of the Act.
(e) 'Licensee' means a person who is holder of valid licence, granted by the committee.
(f) 'Office of the Committee' means the Head Office including the branch offices of the committee, if any.
(g) 'Principal Market/Subsidiary Markets' means area/areas as may be notified under sub-section (2) of section 6 of the Act.
(h) 'Proposition' means formal proposal.
(i) 'Rules' means the Delhi Agricultural Produce Marketing Regulation (General) Rules, 178.
(j) Transporter' means a person who is either the owner or the person in-charge of the vehicle employed for carrying agricultural produce for marketing in the market area.
(k) 'Unit' means the filling in a bag or a container as fixed by the Board for various items of agricultural produce under Rule 27(1).
(l) 'Weighing' includes putting the filled bag or container on the scale, adjustment of weight and putting it down from the scale.

CHAPTER 2 CHAPTER

Rule4 Time and place of meeting
A meeting shall ordinarily be held at the head office of the committee at least once a month on the date, time and place fixed by the Chairman. The Chairman may at his own discretion or shall on requisition in writing of not less than half of the members constituting the committee call an emergent meeting. The Chairman may for administrative convenience on a matter urgent and important, which cannot wait till the next meeting, get the opinion of the committee by circulation of papers amongst the members; the papers so circulated shall, however, be placed before the committee for confirmation at its next meeting.

Rule5 Manner of convening a meeting and of giving notice thereof
Notice of every meeting with agenda shall be issued by the Chairman or under instructions of the Chairman, by the Secretary of the Committee, at least ten days before the date of the meeting. Every such notice shall state the place, the date and the hour of such meeting. Every item of agenda shall be in the form of a regular proposal complete in itself. A copy of the notice shall also be sent to the Secretary of the Board or any other person authorised by him in this behalf for information. Papers relating to any subject included in the agenda of any meeting shall be open for inspection to every member at the office of the Committee during the usual office hours. An emergent meeting under by-law 4 may be convened at a shorter notice but not less than two days.

Rule6 Quorum at meeting
(1) Five members shall constitute the quorum at a meeting of the committee.
(2) If quorum at a meeting of the Committee is not complete within half an hour of the scheduled time of the meeting, or if it falls short while the meeting is continuing it shall deem to have been adjourned.
(3) No business shall be transacted at a meeting of the committee unless there is a quorum contemplated above.
(4) If a meeting has been adjourned for want of a quorum, no quorum shall be necessary for the next meeting for transaction of the business.
(5) If any member fails to attend three consecutive meetings without leave of the committee, it shall amount to misconduct and negligence on his part and the committee may proceed to take action against him under section 15 of the Act.

Rule7 Conduct of proceeding and presidency of meeting
(1) Any member wishing to bring any proposition before the committee shall give a written intimation to the Chairman of his intention of doing so, with a draft of the proposition so as to reach the Chairman at least 15 days before the date of the meeting and every such proposition shall be included in the agenda of the meeting.
(2) Any matter which is not included in the agenda shall not be brought forward for discussion at any meeting except with the permission of the Chairman of the meeting or by the vote of the majority of the members present.
(3) Every proposition, other than the one brought officially by the Chairman, and every amendment shall be proposed by one member and seconded by another, and until so proposed and seconded and reduced to writing, under the direction of the Chairman of the meeting, no proposition or amendment shall be discussed.
(4) Amendments to any proposition before the committee be moved after the original proposition has been duly moved, seconded and recorded.
(5) Every proposition and amendment so moved shall be recorded in the minutes with the name of the proposers and seconders.
(6) When a proposition or an amendment has been proposed, seconded and recorded, the members present shall be entitled to discuss the same.
(7) The Chairman may allot time to different members desirous of speaking on any proposition or amendment.
(8) When amendment has been brought to any proposition, the amendment shall be put to vote first and if it is carried, it shall become a substantive proposition and shall be put to vote as such. If it is not carried, the original proposition shall be put to vote. When there are more amendments than one, they shall be put to vote in the order reverse to that in which they were proposed.
(9) Every meeting of the committee shall be presided over by its Chairman, or in his absence by its Vice-Chairman, but if both are absent, by any one of the members elected by the members present to act as Chairman for the occasion and such Chairman shall have, for that meeting, all the powers of the Chairman and be designated as such :
Provided that if the Chairman or the Vice-Chairman returns during the meeting, he shall resume his powers as Chairman from the temporary Chairman.
(10) The Chairman shall be responsible for preserving order in the meeting and shall decide all points of order that may be raised therein. There shall be no discussion at the points of order unless the Chairman considers it necessary to seek the opinion or advice of any members present and the Chairman's decision shall be final.
(11) Any member may call attention of the Chairman to a point of order even when a member is speaking. On a point of order being raised, the member addressing the meeting shall resume his seat until the question has been decided by the Chairman.
(12) If any one or more members present at a meeting refuses/refuse to obey the ruling of the Chairman of the meeting on any matter, he may adjourn the meeting at once and when he has declared the meeting adjourned, the subsequent proceeding of the meeting, if any, shall be void and shall not appear in the minutes. In all such cases, the Chairman shall record in his own handwriting in the Minutes Book the reasons for such adjournment unless he is prevented by sufficient cause from doing so.
(13) The Chairman may, after calling, the attention of the meeting to the conduct of the member who persists in irrelevant or in tedious repetition of his own arguments or of arguments used by other members, direct him to discontinue his speech.
(14) The Chairman of the meeting may direct any member whose conduct, in his opinion, is disorderly to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall, unless recalled by the Chairman, absent himself during that meeting. The Chairman may cause to be summarily removed from the meeting any member who disobeys orders made under this by-law.
(15) When a proposition or any amendment has been declared by the Chairman as duly carried, no further proposal for amending it shall be entertained at that meeting.
(16) The Chairman may for sufficient reason, adjourn any meeting from time to time but no business other than that left over from the previous meeting shall be transacted at the adjourned meeting unless a separate notice and a separate agenda has been issued in accordance with by-law 5.
(17) The Chairman may, for reasons to be recorded in the Minutes Book, postpone or cancel any meeting called under these by-laws. This information should reach the members before the date of the said meeting.

Rule8 Manner of voting
(1) Except as otherwise provided in the Act, Rules or these by-laws, all questions that may come up before a meeting of the Committee shall be decided by majority of votes of the members present and in case of equality of votes, the Chairman of the meeting shall have and may exercise a second or casting vote.
(2) Voting shall be done by show of hands. Voting by proxy shall not be permissible and any member may decline to vote on any subject without assigning any reasons thereafter.

Rule9 Proceedings of the meeting
(1) Proceedings of the meeting of the Committee shall be recorded in Hindi by the Secretary of the Committee under instruction and the supervision of the Chairman of the meeting and shall be signed by the Chairman.
(2) Recorded proceedings of the meeting shall be read out in the next meeting of the Committee as the first item on the agenda and the members who were present in the former meeting shall have the right to question the correctness of the recorded proceeding, which shall be corrected with such modifications as may be decided upon to bring these in conformity with the facts. In case of any dispute about the correctness of the proceedings the matter shall be decided in accordance with the majority of the votes of the members who had attended the former meeting and are present.
(3) Proceedings of each meeting sha1l be recorded in the Minutes Book kept by the committee for the purpose and shall be placed on the table of the committee for reference by the members thereof and shall at all reasonable times and without any charge be open to their inspection. The Secretary of the committee shall keep the Minutes Book in his custody.
(4) A resume of every discussion with the number of votes for and against such motion or amendment shall be recorded by the Secretary under the instructions of the Chairman of the meeting. A complete and accurate record shall be kept in the Minutes Book to indicate whether a member did not cast vote or voted for or against a proposition or amendment. If a resolution is based on a certain report, letter or document, the substance of such report, letter or document shall be incorporated in the Minutes Book.

Rule10 General
(1) A member of the committee may ask for the information regarding anything done or purported to be done by the Market Committee or regarding the affairs of the committee by written notice and shall be supplied with such information by the Chairman of the committee. The requisition for such information shall reach at least four days before the meeting in the office of the committee :
Provided that the Chairman may refuse to supply any information disclosure of which in the opinion of the Chairman be against the interest of the committee.
(2) Except with the recorded consent of not less than half of the total members of the committee, no subject once finally disposed of, shall be reconsidered within three months.
(3) No member shall be entitled to attend a meeting in which a matter in or against his interest is to be discussed.

Rule11 Powers and duties of members
Every member of the committee shall be watchful over the activities of the market functionaries in the market and all cases of contraventions of the Act, Rules and the by-laws shall be reported to the Chairman or the Secretary there and then.

CHAPTER 3 Market Committee Fund, Expenditure and Accounts

Rule12 Market Committee Fund
(1) All remittances to a bank shall be accompanied by a challan in duplicate and a pass book.
(2) All entries made in the pass book by the bank official shall be examined by the Secretary or such other officer as may be authorised by the Chairman after such transactions and if any discrepancy is discovered it shall at once be brought to the notice of the bank and the Committee.

Rule13 Budget
The Market Committee shall mutually hold a special meeting during the first week of December, to prepare a budget of income and expenditure for the ensuing year. The budget shall be submitted to the Secretary of the Board not later than 25th December for approval and the abstracted account of receipt and expenditure of the previous financial year shall be submitted to the Secretary of the Board not later than 1st June. No expenditure shall be incurred for which there is no sanctioned budget provision unless it is met from the savings from other heads and located for reappropriation with the approval of the Secretary of the Board.

Rule14 Travelling Allowance to Market Committee Members
T.A. may be paid to the members of the Market Committee for journey undertaken and for halts to attend meetings or in connection with any work of the Market Committee for which member/members has/have been deputed at such rates as are prescribed under the rules.

Rule15 Passing of Urgent Expenditure
Subject to rule 9(3) while passing any bills for urgent expenditure the Chairman shall record his reasons as to why he considers the expenditure as of an urgent nature. The expenditure so incurred shall be placed for approval before the next meeting of the Market Committee. No expenditure shall be incurred unless there is budgetary provision and duly approved by the committee.

Rule16 Authority who can Pass Bills and sign cheques
All cheques drawn on the Market Fund kept in the scheduled bank shall be signed by the Chairman and the Secretary jointly.

Rule17 Execution of work
Work for which there is the provision in the budget shall be executed with administrative approval of the Secretary of the Board or any other officer authorised by him.

Rule18 Imprest
The Committee shall decide the maximum amount of imprest which shall be kept in the custody of the Secretary of the Market Committee subject to the approval of the Secretary of the Board.

CHAPTER 4 CHAPTER

Rule19 Market Fee
Subject to Rule 34 the market fee shall be on ad valorem basis at the rate of fifty paise per hundred rupees worth of produce purchased.

Rule20 Exemption from payment of fees
No market fee shall be levied on the sale or purchase of any agricultural produce in respect of which such fee has already been paid in the same market area.

Rule21 Refund of certain amount dues
(1)
(a) If any sum has been deposited for the grant of a licence which has in fact not been issued, or
(b)A person has wrongly applied and paid for and been granted two or more licences of the same nature for the market area, or
(c) Any market fee has been recovered in excess of the amount actually due, or
(d) Any market fee has been recovered on a transaction which is exempt under these rules, or
(e) Any money has been paid by mistake. The Chairman of the committee shall, on a written application being made within six months of such deposit and after such enquiry as he may consider necessary order the refund of appropriate amount, which shall be repaid to the person concerned after preparing a refund bill, out of the market fund.
(2) The application for refund shall contain such particulars as are necessary to enable the amount of refund claimed to be traced.

CHAPTER 5 CHAPTER

Rule22 Grant of licence
(1) All applications for licences may be tendered in the office of the committee and on the form prescribed for the purpose and shall be accompanied by full fee, security amount and copies of documents as a proof of legal possession over the business premises, in all cases.
(2) All applications received shall be chronologically entered in the Register maintained for the purpose by the committee.
(3) Acknowledgment of the receipt of application fee and security shall be issued by the Secretary or any other officer authorised by the committee.

Rule23 Non-transferability of licence
(1) Every licence issued by the Market Committee is valid for the person in whose name it is issued. The licensee shall not transfer it.
(2) A licence shall be deemed to have been cancelled if it is transferred or sublet.

Rule24 Marketing of Agricultural Produce Retail sale
All sales to a consumer of one or more than one agricultural produce in a day not exceeding 5 quintals shall be construed to have been made in retail sale.

Rule25 Sale of Agricultural Produce
(1) Agricultural produce intended for sale shall be brought into the market in such manner and at such times as the Market Committee may from time to time direct.
(2) All vehicles and persons with head-loads entering the market yard must pass through the entrance gate after obtaining the necessary gate pass issued by the Market Committee at the entrance and on payment of such fees as prescribed.
(3) All consignments of agricultural produce processed or unprocessed, arriving in the market area for purpose of sale shall be brought into the principal market yard/subsidiary market in the first instance.
(4) As soon as the vehicle-load or head-load arrives at the premises of the commission agent, it will be incumbent on such commission agent to get them unloaded on the auction site for inspection of purchasers.
(5) Soon after the transaction is over the purchaser shall arrange its counting/weighment through a licensed weighman. The weighman shall execute weighment slip in triplicate on Form B-l. The first copy shall be delivered to the seller, the second to the commission agent and the third retained by himself. It shall be incumbent on every weighman to produce their weighment books to the office of the Market Committee for inspection every day.
(6) On receipt of the weighment slip the commission agent will execute his bill in Form J, appended to the rules.

Rule26 Method of Sale
(1) All sales as far as possible shall be effected in lots or by sample, through open auction and in the presence of a representative of the committee.
(2) Daily auction shall start and end in all blocks in the market at such time as may be decided by the Market Committee.
(3) Only licensed buyers shall be allowed to offer bids in auction. All the prospective buyers should assemble at the auction sites at least half an hour before the start of auction.
(4) If any trader, commission agent or any other person is found trading in contravention of the instruction issued by the Market Committee in this behalf the Chairman, Secretary or any other officer of the committee duly authorised by it may take his goods into his possession and dispose it of in the manner as may be specified by the committee after consideration of the reply given in response to the show-cause notice.

CHAPTER 6 MISCELLANEOUS

Rule27 Acceptance of Bids
Ordinarily, agricultural produce shall be sold to the highest bidder. The seller, however, shall have the option to refuse to sell to the highest bidder or to postpone the sale of his produce to a later hour or date.

Rule28 Units of Quotation
All licensed traders or commission agents shall give their quotations only in terms of such unit/units as are specified by the Market Committee with the previous approval of the Secretary of the Board.

Rule29 Storage
(1) The agricultural produce brought into the market when unsold shall be stored in the godown owned or hired by the licensed trader for that purpose with prior intimation to the Market Committee. The goods so stored shall be weighed in the presence of the seller or his representative at the time of storing and acknowledgment indicating the kind and quality of goods shall be given by the commission agent to the seller.
(2) The owner of the godown in which agricultural produce has been stored or is withdrawn shall intimate the committee about the stored produce on Form B-2.
(3) The committee may issue such direction, as it thinks necessary for regulating the storage of agricultural produce in the market area.

Rule30 Trading hours and closing days
(1) The market shall open on all days except Sundays and other National Holidays during the year as may be decided by the committee from time to time.
(2) The Chairman or in his absence the Vice-Chairman with the written consent of two members may under compelling circumstances order that trading on any particular day shall commence and terminate at hours other than those specified by the Market Committee in respect of auction and trading.
(3) Only licensed buyers shall be allowed to offer bids in auction to purchase through open auction.

Rule31 Duties of licensed traders and commission agents
(1) Every licensed trader shall furnish a daily report in Form L as in Rule 35(1) of the purchases and/or sale made by or through him within the market area and all such other returns as may be required by the Market Committee.
(2) It shall be the duty of the buyer or his agent, if any, to examine the agricultural produce closely and make a separate note of the quality etc., of the lots to be sold by the sellers and/or their commission agents half an hour before the sale time, so that he may bid when the produce is auctioned by the Market Committee. When the rate is fixed the transaction shall be entered in the Form prescribed by the committee. The bargain so struck shall be binding on both the parties.
(3) Every trader acting as a commission agent shall keep regular and separate accounts of his sales and purchases. Such an account shall be produced for inspection on demand by the Chairman and other members of the Market Committee or the Secretary and the Inspector of the Market Committee.
(4) All traders shall have their weights and measures or weighing scales or machines kept in prominent places. No weighment or measurement shall be done after the trading hours prescribed by the Market Committee.
(5) All weighments and measurements of agricultural produce on spot 01 ready auctions shall be made on the day of purchase. If for any unavoidable reason, weighing is not possible on the same day it shall be done on the next day and the rate of purchase shall be the rate originally agreed upon.
(6) The accounts in respect of the sale and purchase of agricultural produce and other such dealings shall be kept in the form approved by the Markel Committee and they shall furnish the details of the daily transactions made.
(7) Every commission agent shall prepare a receipt in quadruplicate in the prescribed form supplied by the Market Committee on payment. The original receipt shall be given to the seller at the time of payment of the sale proceeds, the duplicate shall be submitted to the Market Committee the following day. triplicate shall be given to the buyer and fourth copy shall be retained by the commission agent for his record. Where no commission agent is engaged the buyer shall prepare the receipt in triplicate and shall distribute the same as above,

Rule32 Assistants of traders and commission agents
(1) Traders and commission agents may employ assistants to work on their behalf, in the principal market yard or in the market area.
(2) The maximum number of such assistants shall be such as the Market Committee may from time to time determine.
(3) The name and address of such assistants shall be stated in the application for a licence by a trader and the commission agent as the case may be.
(4) No person other than those whose names appear in the licence of a trader and commission agent shall be allowed to work in the market area on his behalf.
(5) The licence of a trader, commission agent or broker is liable to be cancelled, if he allows or continues to allow any person/persons whose name(s) does not/do not appear in the register of the Market Committee to operate in the Market Area, on his behalf irrespective of whether such person/persons was/were once authorised assistant(s) working on his behalf.
(6) The Market Committee may refuse to grant a licence to a trader or commission agent, if in its opinion any one or more of the assistants, whose names are stated by the firm in his application are not such that their operation in the market area are likely to further the efficient working of the market in the opinion of the Market Committee.
(7) On valid grounds the Market Committee may at any time remove any of the names of the assistants from the names appearing in the licence of a trader or a commission agent. The person whose name has been so removed shall not be allowed to work on behalf of his employer anywhere in the market area.
(8) AH acts of assistants shall be deemed to have been performed by their employers, who shall be fully responsible for the sme.

Rule33 Duties of weighmen, measurers and surveyors
(1) Every licensed weighman or measurer or surveyor shall keep such book or books and in such manner and render such daily and monthly returns at such time and in such form as the Market Committee may prescribe from time to time with the approval of the Secretary of Delhi Agricultural Marketing Board.
(2) He shall render such assistance in collection and prevention of the cession of the market fee and of any breach of Rules and by-laws as may be required by the Market Committee.
(3) He shall not take up any service under a trader or a commission agent.
(4) He shall send the weighment and the measurement books daily to the office of the Market Committee for verification.
(5) Every weighman and measurer shall use only the standard weights and measures.

Rule34 Prevention of unauthorised person from operating in the market area
(1) The Chairman, the members of the Market Committee, the Secretary and any other employee of the committee shall be empowered to demand the production of such proof of his bona fides from any person/persons suspected of operating in the market area without the proper authorisation.
(2) All licensees shall report to the Market Committee all cases of operation by persons suspected to be operating without a licence and/or badges etc.

Rule35 Badges and token to be worn
(1) Every weighman and measurer and palledar shall be supplied free of cost with a suitable badge as soon as the licence is issued.
(2) In case of loss, mutilation or any other defacement of the badges the committee shall be entitled to require the licensee to reimburse to the committee the cost of badge as decided by the committee or by any other officer empowered in this behalf.
(3) Badges shall be worn only by the persons holding a licence in respect of which such badges are granted and are in any case not transferable. A breach of this by-law shall cause the cancellation or suspension of the licence.

Rule36 Equipment
The committee shall direct the traders, the commission agent, the weighman, the measurer and the surveyors to keep such equipment as it thinks necessary.

Rule37 Price to be fixed for produce
The price/quotation given or communicated by the traders or the commission agents shall be deemed to be for the agricultural produce only and not for the articles used as a container there of unless otherwise specifically provided in the By-laws.

Rule38 Counter balance in weighment
The weighman, when the produce is weighed, shall in each case clearly state in his weighment slip the counter balancing weight equivalent to the weight of the rope or gunny bag or any other article used as a container for the agricultural produce was weighed, which was added on the weight side of the scale.

Rule39 Payment of sale proceeds
It shall be incumbent on the buyer to settle the accounts and to make arrangement for prompt payment of sale proceeds. In the case of agriculturist seller, the sale proceeds shall be paid immediately after the transaction is over.

Rule40 Advance to agriculturist
All licensed commission agents shall keep a separate account book in respect of each borrower for the advance given by them.

Rule41 Disposal of complaints
On receipt of a written complaint regarding matters concerning the sale and purchase of agricultural produce in the market, the -Secretary shall conduct an enquiry and shall make a report to the Chairman. The Chairman shall take such steps, as he thinks necessary, in accordance with the provisions of the Act, Rules and By-laws.

Rule42 Publication of directions
(1) All directions issued by the Market Committee for the general guidance of the persons using the market shall be deemed to have been published when notices containing such directions are pasted on the notice board.
(2) The Market Committee may, if it thinks necessary, cause such notices to be served on the persons concerned or to be published in the local newspapers.

Rule43 Licensee to assist in smooth working of the market
The Market Committee may, with the previous sanction of the Board take any action as it deems necessary e.g., suspension, cancellation or debarment from holding a licence from the Market Committee or the forfeiture of a part or the whole of the deposit/security kept with the Market Committee against any person, who in its opinion is responsible for such commission or omission, as is calculated to impede the smooth working of the market.

Rule44 Inspection and submission of account books
(1) All traders or Commission agents may be required to submit for examination and inspection their account books, ledgers etc. on demand by the Chairman or in his absence the Vice-Chairman of the Market Committee or the Secretary of the Market Committee.
(2) Such inspection shall be limited to obtaining information relevant to the matter under investigation and information so obtained shall be used only for the legitimate purposes of the Market Committee.

Rule45 Composition of offences
When an offence committed under the Act or Rules or By-laws made thereunder is resolved to be compounded under section 70(1) the committee may in addition to the fee or additional fee levied may levy on the defaulter a penalty not exceeding the amount equal to the amount of fee.

Rule46 Publication of proceedings
Proceedings of the Market Committee or any of its sub-committees shall not be published in the press by any person unless so authorised by the Chairman.

Rule47 Sale of By-Laws
The Market Committee shall make available copies of by-laws for sale at a price of five rupees per copy.

Rule48 Market Intelligence
(1) The Market Committee shall collect the data on prices and furnish the same to the authorities according to the direction given by the Director.
(2) It shall collect information relating to arrival along with their places of origin and stock despatches destination-wise and submit weekly reviews and returns on the prescribed performa every Friday.
(3) The information relating to ruling prices shall be sent by telegram/telephone to quarters concerned or any other agency suggested by the Director.
(4) The Market Committee shall disseminate weekly market report covering the above data to all the panchayats of the market area for the information of the producers.
(5) The daily ruling market prices shall be displayed by the committee on the notice board. It may get prepared charts, graphs and other statistical data relating to the marketing and displaying the same in its office.
(6) The Market Committee shall follow any other instructions given to it by the Director from time to time in this behalf.

Rule49 Market Service Fee and incidential Service Fee
No trader/commission agent of any other market functionary shall, in any transaction, make any charge or any deduction on any account, whatsoever, which is not specified hereinbelow, and shall charge for various services at the rate not exceeding those specified in the Table given below :

AZADPUR AGRICULTURAL PRODUCE MARKET COMMITTEE BY-LAWS, 1980
In pursuance of provisions of sub-section (4) of section 6 of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976, the following by-laws made and adopted by the Azadpur Agricultural Produce Market Committee and confirmed by the Delhi Agricultural Marketing Board are hereby notified, namely : Whereas with the previous sanction of the Delhi Agricultural Marketing Board and in exercise of the powers conferred upon it by section 65(1) of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976, the Azadpur Agricultural Produce Market Committee made in supersession of all the previous by-laws the following by-laws for determining the quantity of agricultural produce which may be provided for retail, sale and for regulation of the business (including meetings, quorum and procedure) of the committee and conditions of trading in the market areas, including the rates and manner of collection or refund of market fee or any other fee levied under the Act, namely :

CHAPTER 1.

Rule1 Short title
These by-laws shall be called the Azadpur Agricultural Produce Market Committee By-laws, 1980.

Rule2 Commencement
They shall come into force with effect from the date of their publication in the Delhi Gazette.

Rule3 Definitions
In these By-laws, unless the context otherwise requires
(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(b) 'Agricultural Produce' means the agricultural produce pertaining to "fruit" and "vegetables" in respect of which a declaration under sub-section (1) of section 4 of the Act is issued.
(c) 'Auction site' means the place or places in the market approved by the Committee for auction of agricultural produce.
(d) 'Committee' means the Azadpur Agricultural Produce Market Committee constituted under section 8 of the Act for the market area within which the marketing of agricultural produce is regulated.
(e) 'Licensee' means a person who is a holder of valid licence granted by the Committee and includes a person who is liable to obtain a licence under the Act.
(f) 'Office of the Committee' means the Head Office including the branch offices of the Committee as may be specified by the Committee from time to time.
(g) 'Place' includes any stall, shop, shed, pen, any structure, enclosure or open space used for marketing of agricultural produce.
(h) 'Principal market/subsidiary market' means respectively a principal market/subsidiary market established under sub-section (2) of section 6 of the Act.
(i) 'Proposition' means formal proposal.
(j) 'Rules' means the Delhi Agricultural Produce Marketing (Regulation) General Rules, 1978.
(k) 'Transporter' means a person who is either the owner or the person incharge of a vehicle engaged in carrying agricultural produce in the market area.
(l) 'Unit' means the filling in a bag or a container as fixed by the Board for various items of agricultural produce under rule 20(1) of the rules.
(m) 'Weighing' includes putting filled bag or container on the scale, adjustment of weight and putting it down from the scale. Terms and expressions used in these bye-laws but not defined shall have the same meaning as respectively assigned to them in the Act and the rules.

CHAPTER 2.

Rule4 Time and place of meeting
A meeting shall ordinarily be held at the head office of the Committee at least once a month on the date and time fixed by the Chairman. The Chairman may at his own discretion or on requisition in writing of not less than one-half of the total number of the members constituting the Committee call an emergent meeting. The Chairman may for administrative convenience, get the opinion of the Committee on matters urgent and important, which cannot be delayed till the next meeting, by circulation of papers amongst the members. The papers so circulated shall, however, be placed before the Committee for confirmation at its next meeting.

Rule5 Manner of convening a meeting and of giving notice thereof
Notice of every meeting with agents shall be issued by the Chairman or under his instructions by the Secretary at least ten days before the date of the meeting. Every such notice shall state the place, the date and the hour of such meeting. Every item of agenda shall be in the form of a regular proposal complete in itself. A copy of notice shall also be sent to the Secretary of the Board or any other person authorised by the Board in this behalf, for information. Papers relating to any subject included in the agenda of any meeting shall be open for inspection to every member at the office of the Committee during the usual office hours. An emergent meeting under bye-laws may be convened at a shorter notice of not less than two days.

Rule6 Quorum at meeting
(1) Five members shall constitute quorum at a meeting of the Committee.
(2) If quorum at a meeting of the Committee is not complete within half an hour of the scheduled time of the meeting, or if it falls short while the meeting is continuing, the meeting shall be deemed to have been adjourned to any other day of which a notice shall be given to the members.
(3) No business shall be transacted at a meeting of the Committee unless there is a quorum.
(4) If a meeting has been adjourned for want of quorum, no quorum shall be necessary for the adjourned meeting for transacting business.
(5) If any member fails to attend three consecutive meetings without leave of the Committee, it shall amount to a misconduct and negligence on his part. The Committee may proceed to take action under section 15 of the Act.

Rule7 Conduct of proceeding and presidency of a meeting
(1) Any member wishing to bring any proposition before the Committee shall give a written intimation to the Chairman of his intention of doing so, with a draft of the proposition so as to reach the Chairman at least 15 days before the date of the meeting and every such proposition shall be included in the agenda of the meeting.
(2) Any matter which is not included in the agenda shall not be brought forward for discussion at any meeting except with the permission of the Chairman of the meeting, or if the Chairman refuses such permission then by the vote of the majority of the members present.
(3) Every proposition, other than the one brought officially by the Chairman, and every amendment shall be proposed by one member and seconded by another, and until, so proposed by one member and seconded and reduced to writing under the direction of the Chairman of the meeting, no proposition or amendment shall be discussed.
(4) Amendment to any proposition before the Committee shall be moved after the original proposition has been duly moved, seconded and recorded.
(5) Every proposition and amendment so moved shall be recorded in the minutes with the name of the proposers and seconders.
(6) When a proposition or an amendment has been proposed, seconded and recorded, the members present shall be entitled to discuss the same.
(7) The Chairman of the meeting may allot time to different members desirous of speaking on any proposition or any amendment.
(8) When an amendment has been brought to any proposition, the amendment shall be put to vote first and if it is carried, it shall become a substantive proposition and shall be put to vote as such. If it is not carried, the original proposition shall be put to vote. When there are more amendments than one, they shall be put to vote in the order reverse to that in which they were proposed.
(9) Every meeting of the Committee shall be presided over by its Chairman or in his absence by its Vice-Chairman, but if both are absent by any one of the members elected by the members present to as Chairman for the occasion and such Chairman shall have, for that meeting, all the powers of the Chairman and be designated as such :
Provided that if the Chairman or the Vice-Chairman turns up during the meeting, he shall assume his powers as Chairman from the temporary Chairman.
(10) The Chairman shall be responsible for preserving order in the meeting and shall decide all points of order that may be raised therein. There shall be no discussion at the points of order unless the Chairman considers it necessary to seek the opinion or advice of any member present and the Chairman's decision shall be final.
(11) Any member may call attention of the Chairman to a point of order even when a member is speaking. On a point of order being raised, the member addressing the meeting shall resume his seat until the question has been decided by the Chairman.
(12) If any one or more members present at a meeting refuse to obey the ruling of the Chairman of the meeting on any matter, he may adjourn the meeting at once and when he has declared the meeting adjourned, the subsequent proceeding of the meeting if any, shall be void and shall not appear in the minutes. In all such cases, the Chairman shall record in his own handwriting in the Minutes Book the reasons for such adjournment unless he is prevented by sufficient cause from doing so.
(13) After calling the attention of the meeting to the conduct of a member who persists in speaking or in arguing upon a matter, which in the opinion of the Chairman is irrelevant, or is repeating his own arguments or the arguments used by the other members or is exceeding the time allotted to him, the Chairman may direct the member concerned to discontinue his speech.
(14) The Chairman of the meeting may direct any member whose conduct, in his opinion, is disorderly to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall, unless recalled by the Chairman, absent himself during the meeting. The Chairman may cause to be summarily removed from the meeting any member who disobeys any order made under this by-law.
(15) When a proposition or any amendment has been declared by the Chairman as duly carried, no further proposal for amending it shall be entertained at that meeting.
(16) The Chairman may for sufficient reason, adjourn any meeting from time to time but no business other than that left over from the previous meeting shall be transacted at the adjourned meeting unless a separate notice and a separate agenda has been issued in accordance with By-laws.
(17) The Chairman may for reasons to be recorded in the Minutes Book, postpone or cancel any meeting called under these By-laws. This information should reach the members before the date of the said meeting.

Rule8 Manner of voting
(1) Except as otherwise provided in the Act, Rules or these By-laws, all questions that may come up before a meeting of the Committee shall be decided by majority of votes of the members present and in case of equality of votes, the Chairman of the meeting shall have and may exercise a second or casting vote.
(2) Voting shall be done by show of hands. Voting by proxy shall not be permissible and any member may decline to vote on any subject without assigning any reasons thereafter.

Rule9 Proceedings of the meeting
(1) Proceedings of the meeting of the Committee shall be recorded in Hindi by the Secretary of the Committee under the instruction and the supervision of the Chairman of the meeting and shall be signed by the Chairman.
(2) Recorded proceedings of the meeting shall be read out in the next meeting of the Committee as the first item on the Agenda and the members who were present in the former meeting shall have the right to question the correctness of the recorded proceedings, which shall be corrected with such modifications as may be decided upon to bring those in conformity with facts. In case of any dispute about the correctness of the proceedings, the matter shall be decided in accordance with the majority of the votes of the members who had attended the former meeting and the present.
(3) Proceedings of each meeting shall be recorded in the Minutes Book kept by the Committee for the purpose and shall be placed on the table of the Committee for reference by the members thereof and shall at all reasonable times and without any charge be open to their inspection. The Secretary of the Committee shall keep the Minutes Book in his custody.
(4) A resume of every discussion with the number of votes for and against such motion or amendment shall be recorded by the Secretary under the instructions of the meeting. A complete and accurate record shall be kept in the Minutes Book to indicate whether a member did not cast vote or voted for or against a proposition on an amendment. If a resolution is based on a certain report, letter, or document, substance of such report, letter or document shall be incorporated in the Minutes Book.

Rule10 General
(1) A member of the Committee may ask for information regarding anything done purported to be done by the Committee or regarding the affairs of the Committee by written notice and shall be supplied with such information by the Chairman of the Committee. The requisition for such information shall reach at least four days before the meeting in the office of the Committee :
Provided that the Chairman may refuse to supply any information disclosure of which in the opinion of the Chairman would be against the interest of the Committee.
(2) Except with the recorded consent of not less than one-half of the total number of members of the Committee, no subject once finally disposed of shall be reconsidered within three months.
(3) No member shall be entitled to attend the meeting in which a matter in or against his interest is to be discussed.

Rule11 Power and duties of members
Every member of the Committee shall be watchful over the activities of the Market Functionaries in the Market and all cases of contraventions of the Act, Rules and the By-laws coming to his notice shall be reported promptly to the Chairman or the Secretary in writing.

CHAPTER 3 Market Committee Fund Expenditure and Accounts

Rule12 Market fund
(1) All remittances to a bank shall be accompanied by a challan in duplicate and a pass book.
(2) All entries made in the pass book by the bank official shall be examined by the Secretary or such other officer as may be authorised by the Chairman after such transactions and any discrepancy discovered shall at once be brought to the notice of the bank and the Committee.

Rule13 Budget
The Committee shall annually hold a special meeting during the first week of December to prepare a budget of Income and Expenditure for the ensuing year. The budget shall be submitted to the Secretary of the Board not later than 25th December for approval of the Board. An abstracted account of receipts and expenditure of the previous financial year shall be submitted to the Secretary of the Board not later than 1st June. No expenditure shall be incurred for which there is no sanctioned budget provision unless it can be met from the saving from other heads to be located for re-appropriation with the approval of the Board or its delegate.

Rule14 Travelling Allowance to Market Committee Members
Travelling Allowance may be paid to the members of the Committee for journeys undertaken and for halts to attend meetings in connection with any work of the Committee for which the member/members has/have been deputed by the Committee at such rates as are prescribed under the rules.

Rule15 Passing of Urgent Expenditure
Subject to rule 9(3) of the rules while passing any bills for urgent expenditure, the Chairman shall record his reasons as to why he considers the expenditure to be of an urgent nature. The expenditure so incurred shall be placed for approval before the next meeting of he Committee. No expenditure shall be incurred unless there is budgetary provision for it and the same is duly approved by the Committee.

Rule16 Who can sign cheques
All cheques drawn on the Market Fund kept in the nationalised bank shall be signed by the Chairman and the secretary jointly.

Rule17 Execution of work
Work for which there is provision in the budget shall be executed with the administrative approval of the Board or its delegatee.

Rule18 Imprest
The Committee shall decide the maximum amount of imprest which shall be kept in the custody of the Secretary subject to the approval of the Board or its delegate.

CHAPTER 4.

Rule19 Rule of Market Fee
Subject to the provisions of rule 34 of the rules, market fee referred to in Section 28 of the Act, shall be paid ad valorem, at the rate of one rupee per hundred rupees worth of produce purchased.

Rule20 Exemption from Payment of Fees
No market fee shall be levied or collected on the sale or purchase of the agricultural produce in respect of which such fee has already been paid in the market area.

Rule21 Refund of certain amounts due
(1) If
(a) any sum has been deposited for the grant of a licence which has not been issued; or
(b) a person has wrongly applied and paid for and has been granted two or more licences of the same nature in the market area; or
(c) any market fee has been recovered in excess of the amount actually due; or
(d) any market fee has been recovered on a transaction which is exempt under the Act, for payment of market fee; or
(e) any money has been paid by a mistaken notion of law; the Chairman of the Committee shall, on a written application being made within six months deposit/payment and after such enquiry as he may consider necessary, order the refund of the amount due which shall be paid to the person who may be entitled to such refund out of the Market Fund on a bill to be drawn and prepared.
(2) The application for refund shall contain such particulars as are necessary to enable the amount of refund claimed to be traced. The applicant shall furnish to the Committee such other information which may be called for by it.

Rule22 Grant of Licence
(1) All applications in the prescribed form for licences may be tendered in the office of the Committee accompanied by a proof of payment of prescribed licence fee, full licence fee, security amount and copies of documents proving legal possession over the place of business for which a licence is applied.
(2) All applications received shall be chronologically entered in the register maintained for the purpose by the Committee.
(3) Acknowledgment of the receipt of application, fee and security shall be issued by the Secretary or any other officer authorised by the Committee.
(4) After making such enquiries as may be deemed fit and satisfying itself about the correctness and the completeness of the application, the Committee shall grant a licence to the applicant.

Rule23 Non-Transferability of Licence
(1) Every licence issued by the Committee is valid for the person in whose name it is issued. The licensee shall not transfer or sublet or otherwise assign the licence granted to him.
(2) A licence shall automatically stand cancelled, if it is transferred or subject or assigned. The decision of the Committee whether a licence was transferred or subject or assigned shall be final.

Rule24 Marketing of Agricultural Produce Retail sale
All sales to a person other than a trader or a commission agent of one or more than one agricultural produce in a day not exceeding 40 kilograms in aggregate shall be construed to have been made in retail sale.

Rule25 Sale of Agricultural Produce
(1) Agricultural produce intended for sale shall be brought into the market in such manner and at such time as the Committee may from time to time specify.
(2) All vehicles and persons with head load entering the market must pass through the entrance gate after obtaining the necessary gate pass issued by the Committee at the time of entry and on payment of prescribed licence fee/per trip fee.
(3) All consignments of agricultural produce processed or unprocessed arrived in the market area for purposes of sale shall be brought into the principal market/subsidiary market in the first instance.
(4) As soon as the vehicle load or head load arrives at the premises of the commission agent it will be incumbent on such commission agent to get them unloaded on the auction site for inspection of purchasers.
(5) Soon after the transaction is over the purchaser shall arrange its counting or weighment through a licensed weighman. The weighman shall execute weighment slips in triplicate on Form B-1. The first copy shall be delivered to the seller, the second to the commission agent and the third retained by himself. It shall be incumbent on every weighman to produce their weighment books in the office of the Committee for inspection every day.
(6) On receipt of the weighment slip the commission agent will execute his bill in Form 'J' appended to the rules.

Rule26 Method of Sale
(1) All sales as far as possible shall be effected in lots or by sample, through open auction and in the presence of a representative of the Committee.
(2) Daily auction shall start and end in all blocks in the market at such time as may be decided by the Committee.
(3) Only licensed buyers shall be allowed to offer bids in auction. All the prospective buyers should assemble at the auction sites at least half an hour before the start of auction.
(4) If any trader, commission agent or any other person is found trading in contravention of the instruction issued by the Committee in this behalf, the Chairman, Secretary or any other officer of the Committee duly authorised by it may take his goods into his possession and dispose it of in the manner as may be specified by the Committee after consideration of the reply given in response to the show-cause notice.

CHAPTER 5 Miscellaneous

Rule27 Acceptance of Bids
Ordinarily, agricultural produce shall be sold to the highest bidder. The seller, however, shall have the option to refuse to sell to the highest bidder or to postpone the sale of his produce to a later hour or date.

Rule28 Units of Quotation
All licensed traders or commission agents shall give their quotation only in terms of such unit/units as are specified by the Market Committee with the previous approval of Secretary of the Board.

Rule29 Storage
(1) The agricultural produce brought into the market when unsold shall be stored in the godown owned or hired by the licensed trader for that purpose with prior intimation to the Committee. The goods so stored shall be weighed in the presence of the seller or his representative at the time of storing and an acknowledgment indicating the kind and quality of goods shall be given by the Committee agent to the seller.
(2) The owner of the godown in which agricultural produce has been stored or is withdrawn shall intimate the Committee about the stored produce on Form B-2.
(3) The Committee may issue such direction, as it thinks necessary for regulating the storage of agricultural produce in the market area.

Rule30 Trading Hours and Closing Days
(1) The market shall open on all days except Sunday or any other day fixed by the competent authority and on the other national holidays during the year as may be decided by the Committee from time to time.
(2) The Chairman or in his absence the Vice-Chairman with the written consent of two members may under compelling circumstances order that trading on any particular day shall commence and terminate at hours other than those specified by the Committee in respect of auction and trading.
(3) Only licensed buyers shall be allowed to offer bids in auction to purchase through open auction. Explanation. Competent authority referred to in this by-law shall mean the authority competent to declare holidays under the Shops and Establishments Act, 1965.

Rule31 Duties of Licensed Traders and Commission Agents
(1) Every licensed trader shall furnish a daily report in Form L as in Rule 35(1) of the purchases and/or sale made by him or through him within the market area and all such other returns as may be required by the Committee.
(2) It shall be the duty of the buyer or his agent, if any, to examine the agricultural produce closely and make a separate note of the quality etc. of the lots to be sold by the sellers and/or their commission agents half an hour before the sale time, so that he may bid when the produce is auctioned by the Committee. When the rate is fixed, the transaction shall be entered in the Form prescribed by the Committee. The bargain so struck shall be binding on both the parties.
(3) Every trader acting as a commission agent shall keep regular and separate accounts of his sales and purchases. Such an account shall be produced for inspection on demand by the Chairman and other members of the Committee or the Secretary and the Inspector of the Committee.
(4) All traders shall have their weights and measures or weighing scales or machines kept in prominent places. No weighment or measurement shall be done after the trading hours prescribed by the Committee.
(5) All weighments and measurement of agricultural produce in spot or ready auctions shall be made on the day of purchase. If for any unavoidable reason, weighing is not possible on the same day it shall be done on the next day and the rate of purchase shall be the rate originally agreed upon.
(6) The accounts in respect of the sale and purchase of agricultural produce and other such dealing shall be kept in the form approved by the Committee and they shall furnish the details of the daily transactions made.
(7) Every commission agent shall prepare a receipt in quadruplicate in the prescribed form applied by the Market Committee on payment. The original receipt shall be given to the seller at the time of payment of sale proceeds, the duplicate shall be submitted to the Committee the following day, triplicate shall be given to the buyer and fourth copy shall be retained by the commission agent for his record. Where no commission agent is engaged, the buyer shall prepare the receipt in triplicate and shall distribute the same as above.

Rule32 Assistants of Traders and Commission Agents
(1) Traders and commission agents may employ assistants to work on their behalf, in the principal market or in the market area.
(2) The maximum number of such assistants shall be such as the Committee may from time to time determine.
(3) The names and addresses of such assistants shall be stated in the application for a licence by a trader and a commission agent as the case may be.
(4) No person other than those whose names appear in the licence of a trader and commission agent shall be allowed to work in the market area on this behalf.
(5) The licence of a trader, commission agent, or broker is liable to be cancelled, if he allows or continues to allow any person/persons whose names does not/do not appear in the register irrespective of whether such person/persons was/were once an authorised assistant working on his behalf.
(6) The Committee may refuse to grant a licence to a trader or commission agent, if, in its opinion any one or more of the assistants whose names are stated by the firm in his application are not such, that their operations in the market area are likely to further the efficient working of the market.
(7) On valid grounds the Committee may at any time remove any of the names of the assistants from the names appearing in the licence of a trader or a commission agent. The person whose name has been so removed shall not be allowed to work on behalf of his employer anywhere in the market area.
(8) AH acts of assistants shall be deemed to have been performed by their employers, who shall be fully responsible for the same.

Rule33 Duties of Weighmen, Measurers and Surveyors
(1) Every licensed weighman and measurer or surveyor shall keep such book or books and in such manner and render such daily and monthly returns at such time and in such form as the Committee may prescribe from time to time with the approval of the Secretary of Delhi Agricultural Marketing Board.
(2) He shall render such assistance in collection and prevention of the cession of the market fee and/or any breach of Rules and By-laws as may be required by the Committee.
(3) He shall not take up any service under a trader or a commission agent.
(4) He shall send the weighment and the measurement book daily to the office of the Committee for verification.
(5) Every weighman and measurer shall use only the standard weights and measures.

Rule34 Prevention of Unauthorised Person from Operating in the Market Area
(1) The Chairman, the members of the Committee, the Secretary and any other employee of the Committee shall be empowered to demand the production of such proof of his bona fides from any person/persons suspected of operating in the market area without the proper authorisation.
(2) All licensees shall report to the Committee all cases of operation by persons suspected to be operating without a licence and/or badges etc.

Rule35 Badges and Tokens to be Worn
(1) Every weighman and measurer and palledar shall be supplied free of cost with a suitable badge as soon as the licence is issued.
(2) In case of loss, mutilation or any other defacement of the badge the Committee shall be entitled to require the licensees to reimburse to the Committee the cost of badge as decided by the Committee or by any other officer empowered in this behalf.
(3) Badges shall be worn only by the persons holding a licence in respect of which such badges are granted and are in any case not transferable. A breach of this by-law shall cause the cancellation or suspension of the licence.

Rule36 Equipment
The Committee shall direct the traders, the commission agents, the weighmen, the measurers and the surveyors to keep such equipment as it thinks necessary.

Rule37 Price to be fixed for Produce
The price/quotation given or communicated by the traders or the commission agents shall be deemed to be for the agricultural produce only and not for the articles used as a container thereof unless otherwise specifically provided in the by-laws.

Rule38 Counter Balance in Weighment
The weighman, when the produce is weighed, shall in each case clearly state in his weighment slip, the counter balancing weight equivalent to the weight of the rope or gunny bags or any other articles used as a container for the agricultural produce weighed, which was added on the weight side of the scale.

Rule39 Payment of sale proceeds
It shall be incumbent on the buyer to settle the accounts and to make arrangement for prompt payment of sale proceeds. In the case of agriculturist seller, the sale proceeds shall be paid immediately after the transaction is over.

Rule40 Advance to Agriculturist
All licensed commission agents shall keep a separate accounts book in respect of each borrower for the advance given by them.

Rule41 Disposal of Complaints
On receipt of a written complaint regarding the matters concerning the sale and purchase of agricultural produce in the market, the Secretary shall conduct an enquiry and shall make a report to the Chairman. The Chairman shall take such steps, as he thinks necessary, in accordance with the provisions of the Act, Rules and by-laws.

Rule42 Publication of Directions
(1) All directions issued by the Committee for the general guidance of the persons using the market shall be deemed to have been published when notices containing such directions are pasted on the notice board.
(2) The Committee may, if it thinks necessary, cause such notices to be served on the persons concerned or to be published in the local newspapers.

Rule43 Licensee to Assist in Smooth Working of the Market
The Committee may, with the previous sanction of the Board take any action on it deems necessary, e.g. suspension, cancellation or debarment from holding licence from the Market Committee, or the forfeiture of a part or the whole of the deposit/security kept with the Market Committee, against any person, who in its opinion is responsible for such commission or omission, as is calculated to impede the smooth working of the market.

Rule44 Inspection and Submission of Account Books etc
(1) All traders and commission agents may be required to submit for examination and inspection their account books, ledgers, etc. on demand by the Chairman or in his absence the Vice-Chairman of the Market Committee or the Secretary of the Market Committee.
(2) Such inspections shall be limited to obtaining information relevant to the matter under investigation, and information so obtained shall be used only for the legitimate purposes of the Market Committee.

Rule45 Composition of Offences
When an offence committed under the Act or Rules or by-laws made thereunder, is resolved to be compounded under section 70(1) the Committee may in addition to the fee or additional fee levied may levy on the defaulter a penalty not exceeding the amount equal to the amount of fee.

Rule46 Publication of Proceedings
Proceedings of the Committee or any of its sub-committees shall not be published in the press by any person unless so authorised by the Chairman.

Rule47 Sale of by-laws
The Market Committee shall make available copies of by-laws for sale at a price of two rupees per copy.

Rule48 Market Intelligence
(1) The Committee shall collect the data of prices and furnish the same to the authorities according to the direction given by the Director.
(2) It shall collect information relating to arrival along with their places of origin, stock, despatches, destination vide proforma every Friday.
(3) The information relating to ruling prices shall be sent by Telegram/Telephone to quarters concerned or any other agency suggested by the Director.
(4) The Committee shall disseminate weekly market reports covering the above data to all the panchayats of the market area for the information of the producers.
(5) The daily ruling market prices shall be displayed by the Committee Notice Board. It may get prepared charts, graphs and other statistical data, relating to the marketing and displaying the same in its office.
(6) The Committee shall follow any other instructions given to it by the Director from time to time in this behalf.

11. Framed vide Notification No. F. 7(26)/78-DAMB dated 26-2-1980. Rule49 Market Service Fee and Incidental Service Fee
1. No functionary shall charge, in any transaction an amount more than the maximum amount thereafter provided for his services actually rendered.

NARELA AGRICULTURAL PRODUCE MARKET COMMITTEE BY-LAWS, 1980
Whereas in exercise of the powers conferred upon it by section 65(1) of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 and with the previous sanction of the Delhi Agricultural Marketing Board, the Narela Agricultural Produce Market Committee made the following by-laws which may be provided for retail sale and for purposes of regulating^ of business (including meetings, quorum and procedure) of the Committee and conditions of trading in the market area, including the rates and manner of collection of refund of market fee or any other fee mentioned in the Act. Now, in exercise of the powers conferred by sub-section (4) of the said section 65, the following by-laws having been confirmed by the Board are notified in official Gazette :

CHAPTER 1 CHAPTER 1

Rule1 Short title
These by-laws shall be called the Narela Agricultural Produce Market Committee by-laws.

Rule2 Commencement
They shall come into force with effect from the date of their publication in the official Gazette.

Rule3 Definition
In these by-laws, unless the context otherwise requires
(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(b) 'Agricultural Produce' means all agricultural produce as notified under section 4 (1) of the Act.
(c) 'Auction SJfe' sneaas he ptece or places /n tAe market approved by the Committee for auction of agricultural produce.
(d) 'Committee' means the Agricultural Produce Market Committee, Narela as constituted under section 8 of the Act.
(e) 'Licensee' means a person who is holder of valid licence granted by the Committee.
(f) 'Office of the Committee' means the Head Office including the branch offices of the Committee, if any.
(g) 'Principal Market/Subsidiary Markets' means area/areas as may be notified under sub-section (2) of section 6 of the Act.
(h) 'Proposition' means the formal proposal.
(i) 'Rules' means the Delhi Agricultural Produce Marketing (Regulation) Rules, 1978.
(j) Transporter' means a person who is either the owner or the person incharge of the vehicle employed for carrying agricultural produce for marketing in the market area.
(k) 'Unit' means the filling in a bag or a container as fixed by the Board for various items of agricultural produce under Rule 27(1).
(1) 'Weighing' includes putting the filled bag or container on the scale, adjustment of weight and putting it down from the scale.

CHAPTER 2 CHAPTER 2

Rule4 Time and Place of Meeting
A meeting shall ordinarily be held at the head office of the Committee at least once a month on the date, time and place fixed by the Chairman. The Chairman may at his own discretion or shall on requisition in writing of not less than half of the members constituting the Committee call an emergent meeting. The Chairman may for administrative convenience on a matter urgent and important, which cannot be awaited till the next meeting, get the opinion of the Committee by circulation of papers amongst the members; the papers so circulated shall, however, be placed before the Committee for confirmation at its next meeting.

Rule5 Manner of Convening a Meeting and of giving Notices Thereof
Notice of every meeting with agenda shall be issued by the Chairman or under instructions of the Chairman, by the Secretary of the Committee, at least ten days before the date of the meeting. Every such notice shall state the place, the date and the hour of such meeting. Every item of agenda shall be in the form of regular proposal complete in itself. A copy of notice shall also be sent to the Secretary of the Board or any other person authorised by him in this behalf, for information. Papers relating to any subject including the agenda of any meeting shall be open for inspection to every member at the office of the Committee during the usual office hours. An emergent meeting under by-law 4 may be convened at a shorter notice but not less than two days.

Rule6 Quorum at Meeting
1. Five members shall constitute the quorum at a meeting of the Committee.
2. If quorum at a meeting of the Committee is not complete within half an hour of the scheduled time of the meeting or if it falls short while the meeting is continuing shall deem to have been adjourned.
3. No business shall be transacted at a meeting of the Committee unless there is a quorum contemplated above.
4. If a meeting has adjourned for want of a quorum, no quorum shall be necessary for the next meeting for transaction of the business.
5. If any member fails to attend three consecutive meetings without leave of the Committee, it shall amount to a misconduct and negligence on his part and the Committee may proceed to take action against him under section 15 of the Act.

Rule7 Conduct of Proceeding and Presidency of a Meeting
1. Any member wishing to bring any proposition before the Committee shall give a written intimation to the Chairman of his intention of doing so, with a draft of the proposition so as to reach the Chairman at least 15 days before the date of the meeting and every such proposition shall be included in the agenda of the meeting.
2. Any matter which is not included in the agenda shall not be brought forward for discussion at any meeting except with the permission of the Chairman of the meeting or by the vote of the members present.
3. Every proposition, other than the one brought officially by the Chairman, and every amendment shall be proposed by one member and seconded by another, and until so proposed and seconded and reduced to writing, under the direction of the Chairman of the meeting, no proposition or amendment shall be discussed.
4. Amendment to any proposition before the Committee shall be moved after the original proposition has been duly moved, seconded and recorded.
5. Every proposition and amendment so moved shall be recorded in the Minutes with the names of the proposers and seconders.
6. When a proposition or an amendment has been proposed, seconded and recorded, the members present shall be entitled to discuss the same.
7. The Chairman may allot time to different members desirous of speaking on any proposition or amendment.
8. When amendment has been brought to any proposition, the amendment shall be put to vote first and if it is carried, it shall become a substantive proposition and shall be put to vote as such. If it is not carried, the original proposition shall be put to vote. When there are more amendments than one they shall be put to vote in the order reverse to that in which they were proposed.
9. Every meeting of the Committee shall be presided over by its Chairman or in his absence by its Vice-Chairman but if both are absent, by anyone of the members elected by the members present to act as Chairman for the occasion and such Chairman shall have, for that meeting, all the powers of the Chairman and be designated as such:
Provided that if the Chairman or the Vice-Chairman returns during the meeting, he shall resume his powers as Chairman from the temporary Chairman.
10. The Chairman shall be responsible for preserving order in the meeting and shall decide all points of order that may be raised therein. There shall be no discussion at the points of order unless the Chairman considers it necessary to seek the opinion or advice of any member present and Chairman's decision shall be final.
11. Any member may call attention of the Chairman to a point of order even when a member is speaking. On a point of order being raised, the member addressing the meeting shall resume his act until the question has been decided by the Chairman.
12. If any one or more members present at a meeting refuses/refuse to obey the ruling of the Chairman of the meeting on any matter, he may adjourn the meeting at once and when he has declared the meeting adjourned, the subsequent proceeding of the meeting, if any, shall be void and shall not appear in the minutes. In all such cases, the Chairman shall record in his own handwriting in the Minutes Book the reasons for such adjournment unless he is prevented by sufficient cause from doing so.
13. The Chairman may after calling the attention of the meeting to the conduct of the member who persists in irrelevant or in tedious repetition of his own arguments or of arguments used by other members, direct him to discontinue his speech.
14. The Chairman of the meeting may direct any member whose conduct, in his opinion, is disorderly to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall unless recalled by the Chairman, absent himself during that meeting. The Chairman may cause to be summarily removed from the meeting any member who disobeys any order made under this by-law.
15. When a proposition or any amendment has been declared by the Chairman as duly carried, no further proposal for amending it shall be entertained at that meeting.
16. The Chairman may for sufficient reason, adjourn any meeting from time to time but no business other than that left over from the previous meeting shall be transacted at the adjourned meeting unless a separate notice and a separate agenda has been issued in accordance with by-law 5.
17. The Chairman may, for reasons to be recorded in the Minutes Book, postpone or cancel any meeting called under these by-laws. This information should reach the members before the date of the said meeting.

Rule8 Manner of Voting
1. Except as otherwise provided in the Act, Rules or by-laws, all questions that may come up before a meeting of the Committee shall be decided by majority of votes of the members present and in case of equality of votes, the Chairman of the meeting shall have and may exercise a second or casting vote.
2. Voting shall be done by show of hands. Voting by proxy shall not be permissible and any member may decline to vote on any subject without designing any reasons thereafter.

Rule9 Proceeding of the Meeting
1. Proceedings of the meeting of the Committee shall be recorded in Hindi by the Secretary of the Committee under the instruction and the supervision of the Chairman of the meeting and shall be signed by the Chairman.
2. Recorded proceedings of the meeting shall be read out in the next meeting of the Committee as the first item on the Agenda and the members who were present in the former meeting shall have the right to question the correctness of the recorded proceeding, which shall be corrected with such modifications as may be decided upon to bring those in conformity with facts. In case of any dispute about the correctness of the proceedings, the matter shall be decided in accordance with the majority of the votes of the members who had attended the former meeting and are present.
3. Proceedings of each meeting shall be recorded in the Minutes Book kept by the Committee for the purpose and shall be placed on the table of the Committee for reference by the members thereof and shall at all reasonable times and without any charge be open to their inspection. The Secretary of the Committee shall keep the Minutes Book in his custody.
4. A resume of every discussion with the number of votes for and against such motion or amendment shall be recorded by the Secretary under the instructions of the Chairman of the meeting. A complete and accurate record shall be kept in the Minutes Book to indicate whether a member did not cast vote or voted for or against a proposition on an amendment. If a resolution is based on a certain report, letter or document, substance of such report, letter or document shall be incorporated in the Minutes Book.

Rule10 General
1. A member of the Committee may ask for information regarding anything done or purported to be done by the Market Committee or regarding the affairs of the Committee by written notice and shall be supplied with such information by the Chairman of the Committee. The requisition for such information shall react at least four days before the meeting in the office of the Committee :
Provided that the Chairman may refuse to supply any information disclosure of which in the opinion of the Chairman would be against the interest of the Committee.
2. Except with the recorded consent of not less than half of the total members of the Committee, no subject once finally disposed of, shall be reconsidered within three months.
3. No member shall be entitled to attend a meeting in which a matter in or against his interest is to be discussed.

Rule11 Powers and Duties of Members
Every member of the Committee shall be watchful over the activities of the Market Functionaries in the market and all cases of contraventions of the Act, Rules and the by-laws shall be reported to the Chairman of the Committee or the Secretary there and then.

CHAPTER 3 CHAPTER 3

Rule12 Market Committee Fund Expenditure and Accounts Market Committee Fund
1. All remittances to a bank shall be accompanied by a challan in duplicate and a passbook.
2. All entries made in the passbook by the bank official shall be examined by the Secretary or such other officer as may be authorised by the Chairman after such transactions and if any discrepancy is discovered, it shall at once be brought to the notice of the bank and the Committee.

Rule13 Budget
The Market Committee shall annually hold a special meeting during the first week of December, to prepare a budget of Income and Expenditure for the ensuing year. The Budget shall be submitted to the Secretary of the Board not later than 25th December for approval and the abstracted account of receipt and expenditure of the previous financial year be submitted to the Secretary of the Board not later than 1st June. No expenditure shall be incurred for which there is no sanctioned Budget provision unless it is met from the savings from other heads that are located for reappropriation with the approval of the Secretary of the Board.

Rule14 Travelling allowance to Market Committee members
T.A. may be paid to members of the Market Committee for journey undertaken and for halts to attend meetings or in connection with any work of the Market Committee for which a member/members has/have been so deputed at such rates as are prescribed under the rules.

Rule15 Passing of urgent expenditure
Subject to Rule 9(3) while passing any bills for urgent expenditure the Chairman shall record his reasons as to why he considers the expenditure as of an urgent nature. The expenditure so incurred shall be placed for approval before the next meeting of the Market Committee. No expenditure shall be incurred unless there is budgetary provision and duly approved by the Committee.

Rule16 Authority who can pass bills and sign cheques
All cheques drawn on the Market Fund kept in a scheduled bank shall be signed by the Chairman and the Secretary jointly.

Rule17 Execution of work
Work for which there is provision in the budget shall be executed with administrative approval of the Secretary of the Board or any other officer authorised by him.

Rule18 Imprest
The Committee shall decide the maximum account of imprest which shall be kept in the custody of the Secretary of the Market Committee subject to the approval of the Secretary of the Board.

CHAPTER 4 CHAPTER 4

Rule19 Market fee
Subject to Rule 34, the market fee shall be paid on ad valorem basis at one rupee per hundred1 rupees worth of produce purchased.

Rule20 Exemption from payment of fees
No market fee shall be levied on the sale or purchase of any agricultural produce in respect of which such fee has already been put in the same market area.

Rule21 Refund of certain amounts due
(1)
(a) If any sum has been deposited for the grant of licence which has in fact not been issued, or
(b) A person has wrongly applied and paid for, has been granted two or more licences of the same nature for the market area, or
(c) Any market fee has been recovered in excess of the amount actually due, or
(d) Any market fee has been recovered on a transaction which is exempt under these Rules, or
(e) Any money has been paid by mistake notion of law: The Chairman of the Committee shall on a written application being made within six months of such deposit and after such enquiry as he may consider necessary, order the refund of appropriate amount, which shall be repaid to the person concerned after preparing refund bill, out of the market fund on a bill drawn and prepared,
(2) The application for refund shall contain such particulars as are necessary to enable the amount of refund claimed to be traced The applicant shall furnish to the ncommittee such information which may be callednfor by it.

CHAPTER 5 CHAPTER 5

Rule22 Grant of Licence
1. All applications for licences may be tendered in the office of the Committee and on the form prescribed for the purpose and shall be accompanied by full fee, security amount and copies of documents as a proof of legal possession over the business premises, in all cases.
2. All applications received shall be chronologically entered in the Register maintained for the purpose by the Committee.
3. Acknowledgment of the receipt of application fee and other security shall be issued by the Secretary or any other officer authorised by the Committee.
4. After making such enquiries as may be deemed fit and satisfying itself about the correctness and the completeness of the application, the Market Committee shall grant licence to the applicant.

Rule23 Non-transferability of licences
1. Every licence issued by the Market Committee is valid for the person in whose name it is issued. The licensee shall not transfer or sublet it.
2. A licence shall be deemed to have been cancelled if it is transferred or sublet.

Rule24 Marketing of agricultural produce Retail Sale
All sales to a consumer of one or more than one agricultural produce in a day not exceeding 5 quintals shall be construed to have been made in retail sale.

Rule25 Sale of agricultural produce
1. Agricultural produce intended for sale shall be brought into the market in such manner and at such times as the Market Committee may from time to time direct.
2. All articles and persons with head-loads entering the market yard must pass through the entrance gate after obtaining the necessary gate pass issued by the Market Committee at the entrance and on payment of such fees as is prescribed.
3. All consignments of agricultural produce processed or unprocessed, arriving in the market area for purposes of sale shall be brought into the principal Market Yard/Subsidiary Market in the first instance.
4. As soon as the vehicle-load or head-load arrives at the premises of the commission agent, it will be incumbent on such commission agent to get them unloaded on the auction site for inspection of purchasers.
5. Soon after the transaction is over the purchaser shall arrange its counting/weighment through a licensed weighman. The weighman shall execute weighment slips in triplicate on Form B-l. The first copy shall be delivered to the seller, the second to the commission agent and the third retained by himself. It shall be incumbent on every weighman to produce his weighment books in the office of the Market Committee for inspection every day.
6. On receipt of the weighment slip the commission agent will execute his bill on Form 3 appended to the Rules.

Rule26 Method of sale
1. All sales as far as possible shall be affected in lots or by sample, through open auction and in the presence of a representative of the Committee.
2. Daily auction shall start in all blocks in the market at such time as may be decided by the Market Committee.
3. Only licensed buyers shall be allowed to offer bids in auction. All the prospective buyers should assemble at the auction sites at least half an hour before the start of auction.
4. If any trader, commission agent or any other person is found trading in contravention of the instruction issued by the Market Committee in this behalf, the Chairman, Secretary or any other officer of the Committee duly authorised by it may take his goods into his possession and dispose it of in the manner as may be specified by the Committee after consideration of the reply given in response to show-cause notice.

CHAPTER 6 Miscellaneous

Rule27 Acceptance of bids
Ordinarily, agricultural produce shall be sold to the highest bidder. The seller, however, shall have the option to refuse to sell to the highest bidder or to postpone the sale of his produce to a later hour or date.

Rule28 Units of Quotation
All licensed traders or commission agents shall give their quotation only in terms of such unit/units as are specified by the Market Committee with the previous approval of the Secretary of the Board.

Rule29 Storage
1. The agricultural produce brought into the market when unsold shall be stored in the godown owned or hired by the licensed trader for that purpose with prior intimation to the Market Committee. The goods so stored shall be weighed in the presence of the seller or his representative at the time of storing and an acknowledgment indicating the kind and quality of goods shall be given by the commission agent to the seller.
2. The owner of the godown in which agricultural produce has been stored or is withdrawn shall intimate the Committee about the stored produce on Form B-2.
3. No agricultural produce shall be stored in godown or laid by the licensees which is not approved by the committee. For registration of godown a licensee will have apply to the committee.
4. The Committee may issue such direction, as it thinks necessary for regulating the storage of agricultural produce in the market area from time to time.

Rule30 Trading hours and closing days
1. The market shall be open on all days except Wednesday and other national holidays during the year as may be decided by the Committee from time to time.
2. The Chairman or in his absence the Vice-Chairman with the written consent of two members may under compelling circumstances order that trading on any particular day shall commence and terminate at hours other than those specified by the Market Committee in respect of auction and trading.
3. Only licensed buyers shall be allowed to offer bids in auction to purchase through open auction.

Rule31 Duties of licensed traders and commission agents
1. Every licensed trader shall furnish a daily report in Form L as in Rule 35(1) of the purchases and/or sale made by him or through him within the Market Area and all such other returns as may be required by the Market Committee.
2. It shall be the duty of the buyer or his agent, if any, to examine the agricultural produce closely and make a separate note of the quality etc. of the lots to be sold by the sellers and/or their commission agents half an hour before the sale time, so that he may bid when the produce is auctioned by the Market Committee. When the rate is fixed the transaction shall be entered in the Form prescribed by the Committee. The bargain so struck shall be binding on both the parties.
3. Every trader acting as a commission agent shall keep regular and separate accounts of his sales and purchase. Such an account shall be produced for inspection on demand by the Chairman and other members of the Market Committee or the Secretary and the Inspector Supervisor of the Market Committee.
4. All traders shall have their weights and measures or weighing scales or machines kept in prominent places. No weighment or measurement shall be done after the trading hours prescribed by the Market Committee.
5. All weighments and measurements of agricultural produce in spot or ready auctions shall be made on the day of purchase. If for any unavoidable reason, weighing is not possible on the same day it shall be done on the next day and the rate of purchase shall be the rate originally agreed upon.
6. The accounts in respect of the sale and purchase of agricultural produce and other such dealings shall be kept in the form approved by the Market Committee and they shall furnish the details of the daily transactions made.
7. Every commission agent shall prepare a receipt in quadruplicate in the prescribed form supplied by the Market Committee on payment. The original receipt shall be given to the seller at the time of payment of sale proceeds, the duplicate shall be submitted to the Market Committee the following day, triplicate shall be given to the buyer and fourth copy shall be retained by the commission agent for his record. Where no commission agent is engaged the buyer shall prepare the receipt in triplicate and shall distribute the same as above. General

Rule32 Assistants of Traders and Commission Agents
1. Traders and commission agents may employ assistants to work on their behalf, in the principal market yard or in the market area.
2. The maximum number of such assistants shall be such as the Market Committee may from time to time determine.
3. The names and addresses of such assistants shall be stated in the application for a licence by a trader and a commission agent as the case may be.
4. No person other than those whose names appear in the licence of a trader and commission agent shall be allowed to work in the market area, on his behalf.
5. The licence of a trader, commission agent, or broker is liable to be cancelled, if he allows any person/persons whose names does not/do not appear in the register of the Market Committee to operate in the market area, on his behalf irrespective of whether such person/persons was/were once an authorised assistant working on his behalf.
6. The Market Committee may refuse to grant a licence to a trader or commission agent, if in its opinion any one or more of the assistants, whose names are stated by the firms in his application are not such that their operation in the market area are likely to further the efficient working of the market.
7. On valid grounds the Market Committee may at any time remove any of the names of the assistants from the names appearing in the licence of a trader or commission agent. The person whose name has been so removed shall not be allowed to work on behalf of his employer anywhere in the market area.
8. All acts of assistants shall be deemed to have been performed by their employers, who shall be fully responsible for the same.

Rule33 Duties of weighmen, measurers and surveyors
1. Every licensed weighman or measurer or surveyor shall keep such book or books and in such manner and render such daily and monthly returns at such time and in such form as the Market Committee may prescribe from time to time with the approval of the Secretary of Delhi Agricultural Marketing Board.
2. He shall render such assistance in collection and prevention of the cession of the market fee and of any breach of Rules and by-laws as may be required by the Market Committee.
3. He shall not take up any service under a trader or a commission agent.
4. He shall send the weighment and measurement books daily to the office of the Market Committee for verification.
5. Every weighman and measurer shall use only the standard weights and measurers.

Rule34 Prevention of unauthorised person from operating in the market area
1. The Chairman, the members of the Market Committee, the Secretary and any other employee of the Committee shall be empowered to demand the production of such proof of his bona fides from any person/persons suspected of operating in the market area without proper authorisation.
2. All licensees shall report to the Market Committee cases of operation by persons suspected to be operating without a licence and/or badges etc,

Rule35 Badges and token to be worn
1. Every weighman and measurer and palledar shall be supplied free of cost with a suitable badge as soon as the licence is issued.
2. In case of loss, mutilation or any other defacement of the badge the Committee shall be entitled to require the licencee to reimburse to the Committee the cost of the badge as decided by the Committee or by any other officer empowered in this behalf.
3. Badges shall be worn only by the persons holding a licence in respect of which such badges are granted and are in any case not transferable. A breach of this by-law shall cause the cancellation or suspension of the licence.

Rule36 Equipment
The Committee shall direct the trader the commission agents, the weighman, the measurer and the surveyors to keep such equipment as it thinks necessary.

Rule37 Price to be fixed for produce
The price/quotation given or communicated by the traders or the commission agent shall be deemed to be for the agricultural produce only and not for the articles used as a container thereof unless otherwise specifically provided in the by-laws.

Rule38 Counter Balance in weighment
The weighman, when the produce is weighed, shall in each case clearly state in his weighment slip, the counter balancing weight equivalent to the weight of the rope or gunny bag or any other article used as a container for the agricultural produce weighed which was added on the weight side of the scale.

Rule39 Payment of sale proceeds
As soon as weighment of the agricultural produce is over the licensed commission agent/trader will make the payment producer/seller of his produce.

Rule40 Advance to agriculturists
All licensed commission agents shall keep a separate account book in respect of each borrower for the advance given by them.

Rule41 Disposal of complaints
On receipt of a written complaint regarding the matters relating to the sale and purchase of agricultural produce in the market, the Secretary shall conduct an enquiry and make a report to the Chairman. The Chairman shall take such steps, as he thinks necessary, in accordance with the provisions of the Act, Rules and by-laws.

Rule42 Publication of directions
1. All directions issued by the Market Committee for the general guidance of the persons using the market shall be deemed to have been published when notice containing such directions are pasted on the notice board.
2. The Market Committee may, if it thinks necessary, cause such notice to be served on the persons concerned or to be published in the local newspapers.

Rule43 Licensee to assist in smooth working of the market
The Market Committee may, with the previous sanction of the Board take any action if it deems necessary e.g. suspension, cancellation or debarment from holding a licence from the Market Committee or the forfeiture of a part or the whole of the deposit/security kept with the Market Committee, against any person, who in its opinion is responsible for such commission or omission, as is calculated to impede the smooth working of the market.

Rule44 Inspection and submission of accounts books etc
1. All traders and commission agents may be required to submit for examination and inspection their account books, ledgers, etc. on demand by the Chairman or in his absence the Vice-Chairman of the Market Committee or the Secretary of the Market Committee.
2. Such inspections shall be limited to obtaining information relevant to the matter under investigation, and information so obtained shall be used only for the legitimate purposes of the Market Committee.

Rule45 Composition of offences
When an offence committed under the Act or Rules or by-laws made thereunder is resolved to be compounded under section 70 (1) the Committee may by addition to the fee or additional fee levied may levy on the defaulter a penalty not exceeding the amount equal to the amount of fee.

Rule46 Publication of proceedings
Proceedings of the Market Committee or any of its sub-committees shall not be published in the press by any person unless so authorised by the Chairman.

Rule47 Sale of by-laws
The Market Committee shall make public copies of by-laws for sale at a price of two rupees per copy.

Rule48 Market Intelligence
1. The Market Committee shall collect the data of prices and furnish the same to the authorities according to the direction given by the Director.
2. It shall collect information relating to arrival along with the place of origin, stock despatches, destinationwise and submit weekly reviews and returns on the prescribed proforma every Friday.
3. The information relating to ruling prices shall be sent by Telegrams/Telephone to quarters concerned or any other agency suggested by the Director.
4. The Market Committee shall disseminate weekly market report covering above data to all the panchayats of the market area for the information of the producers.
5. The daily ruling market prices shall be displayed by the Committee on the Notice Board. It may get prepared charts, graphs and other statistical data, relating to the marketing and displaying the same in its office.
6. The Market Committee shall follow any other instruction given to it by the Director from time to time in this behalf.

Rule49 Market service fee an incidental service fee
1. No functionaries shall charge, in any transaction an amount more than the maximum amount thereafter provided for his services actually rendered

REGULATION:

DELHI

AGRICULTURAL MARKETING BOARD(BUSINESS) REGULATION, 1978

DELHI

AGRICULTURAL MARKETING BOARD(BUSINESS) REGULATION, 1978

Regulation1 Short title and commencement
(1) These regulations may be called as the Delhi Agricultural Marketing Board (Business) Regulation, 1978
(2)They shall come into force at once

Regulation2 Definitions
In these regulations unless the context otherwise requires
(a) "Act" means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (No. 87 of 1976).
(b) "Administrator" means the Administrator as defined in Clause (a) of Section 2.
(c) "Board" means the Delhi Agricultural Marketing Board constituted under sec. 5.
(d) "Chairman" means the Chairman of the Board nominated by the Administrator under section 5.
(e) "Secretary" means the Secretary of the Board specified in sub-section (2) of section 5.
(f) "Section" means the Section of the Act.

Regulation3 Interpellations
(1) The right to interpellate by a member shall be subject to the following conditions, namely
(i) At least not less than 3 days notice in writing specifying the questions shall be given to the Chairman.
(ii) Not more than two questions shall be sent by any member for being answered at any ordinary meeting.
(iii) No question shall
(a) bring in any name or statement not strictly necessary to make the question intelligible;
(b) contains arguments, ironical expression, imputation, opithets or defamatory statements;
(c) ask for any expressions of opinion or the solutions of hypothetical propositions;
(d) ask as to the character or conduct of any person except in his official or public capacity;
(e) relate to a matter which is not primarily the concern of the Board or of and of its authorities;
(f) make or imply a charge of personal nature;
(g) raise questions of policy too large to be dealt with within the limits of any answer to a question;
(h) repeat in substance questions already answered or to which an answer has been refused;
(i) ask for information on trivial matters;
(j) ordinarily ask for information on matter of past history;
(k) ask for information set forth and inaccessible documents or in primarily responsible to the Board; or
(l) raise matters under the control of bodies or persons not primarily responsible to the Board; or
(m) ask for any information on matter which is under adjudication by a Court of Law
(2) The Chairman shall disallow any question which is in contravention of the provisions of the Act, Rules and these Regulations.
(3) If any doubt arises whether any question is or is not in contravention of the provisions of the Act, Rules and the Regulations, the Chairman shall decide the matter and his decision shall be final.
(4) The Chairman shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in his opinion it cannot be answered without prejudice to public interest or interest of the Board.
(5) Unless otherwise directed by the Chairman, every question shall be answered by the Chairman at a meeting of the Board.

Regulation4 Time and place of Meeting
Generally, the meeting of the Board will be held once in two months but in the time of emergency the meeting can be called even earlier and when required.

Regulation5 Manner in which Notice shall be given
(1) The notice of every meeting shall state the place, date and hour fixed for it and shall be signed by the Chairman or the Secretary.
(2) The notice shall be accompanied by a duly attested list of business to be transacted at the meeting hereinafter called "agenda".
(3) The agenda shall include every item that any member may desire to put to meeting, provided that a copy of the motion thereon signed by such member and by a seconder is delivered to the Secretary at the Board's office at least seven days (clear) before the meeting.
(4) The notice and the agenda shall be despatched through a peon or by registered post to each member at the address, which has been given by him to the Board for this purpose. The notice shall be issued in such manner so that at least one clear day for an urgent meeting and seven clear days for any other meeting shall intervene between the date of despatch and the date of meeting

Regulation6.
The Chairman shall give notice of an adjourned meeting on the spot and the same shall as soon as thereafter possible be sent to all members, who are not present :
Provided that it shall be lawful for tbe Chairman, to alter in emergency, the place, date or hour of such meeting with due notice and with the approval of members present

Regulation7 Quorum of Meeting
(1) The quorum necessary for the transaction of business at a meeting of the Board shall not be less than five
(2) If quorum at a meeting of the Board is not complete within half an hour of the scheduled time of meeting, or if it falls short while the meeting is continuing, it shall deem to have been adjourned
(3) If a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business
(4) If any member fails to attend three consecutive meeting without any valid reasons, the Chairman shall forthwith report the matter to the administrator

Regulation8 Conduct of Proceedings and the Adjournment of Meetings
(1)Every meeting shall commence with a motion by the Chairman that the minutes of the previous meeting be confirmed. Such minutes shall ordinarily, be taken as read but if for any reason they have not been previously circulated to the members they shall be read before they are taken into consideration. Any member may object to the confirmation of the minutes by moving an amendment on the ground that the matter is not correctly recorded or expressed
(2) The Chairman shall decide all points of order of the procedure and his decisions shall be final
(3) The items on the agenda shall be dealt with in their order, provided that the Chairman, with the consent of the majority of the members present, may vary such order or bring before the meeting any matter not included in the Agenda
(4) If more than one member rise to speak at the same time, the Chairman shall name the member who is to speak
(5) No written speech shall be delivered
(6) So far as possible and consistent with the matter under discussion, no member shall direct personal or objectionable remarks at any other member. For the purpose of this regulation, the ruling of the Chairman shall be final.
(7) A member desiring to raise any point of order or personal explanation shall rise and address the Chairman. The member speaking shall give way and remain silent until the Chairman may permit him to speak again. The Chairman may permit any other member to speak on the said point
(8) In case, the ruling of the Chairman, on any point of matter, is not accepted by majority of members, he may adjourn the meeting at once and once he declares the meeting adjourned on this or any ground, the subsequent proceedings of the meeting or residue thereof be void and shall not appear in the minutes
(9) The Chairman may, after calling the attention of the meeting to the conduct of the member, who persists in irrelevant or in tedious repetition of his own arguments or of the arguments used by other member, direct him to discontinue his speech
(10) The Chairman may name any unruly member and report to the Administrator for consideration and action to be taken against him
(11) The Chairman may direct any member, whose conduct is in his opinion disorderly, to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting. The Chairman may order any member, who disobeys in order to withdraw under this regulation, for removing summarily. The member shall not participate in the discussions in which his own conduct, or that of his relations is being discussed
(12) Every motion or resolution shall be read and seconded, and shall be deemed to be moved before the meeting for discussion. The mover shall speak first in support of the motion, then the seconder may speak or he may reserve his speech to a later period of the debate, if he so desires
(13) A member may speak only once to each motion, but the mover or a seconder or substantive motion may reply at the conclusions of the debate thereon, provided that the Chairman at his discretion may at any time allow a member, who has already spoken, to make a brief explanation
(14) After a motion has been proposed and seconded, any member may propose as amendment thereto. Any amendment that is not seconded falls through.
(15) Any number of amendments may be put up before the meeting at the same time but they shall be put to vote in the reverse order to that in which they were moved. After all the amendments have been disposed of, the resolution as amended shall be put to the vote
(16) A member who has already spoken on a substantive motion before the meeting, is not thereby debarred from speaking, on an amendment to the motion, provided that in so doing, he confines himself strictly to the fresh matter introduced by the amendment
(17) No motion or amendment shall be withdrawn except with the consent of majority of the votes of the members present. The Chairman of the meeting, in case of an equality of votes, will have a second or casting vote
(18) Every motion, resolution or amendment voted on, shall be put to the meeting both for and against
(19) Unless a poll is demanded by any member present at the meeting, declaration made at the meeting by the Chairman that a motion, resolution or amendment has been carried out or lost shall be final for making an entry to that effect in the minutes. If a poll is demanded by any member, present, it shall be taken by show of hands and the results of such poll as declared by the Chairman shall be deemed to be the resolution of the Board
(20) No decision of the Board shall be reopened before the lapse of six months after it had been recorded except in compliance with the orders of the Administrator
(21) Any officer of the Delhi Administration or other person, not being a member of the Board may, with the consent of the majority of the members or of the Chairman, address the meeting
(22) All meetings of the Board shall be open to the reporters of the press and the direction of the Chairman to the public :
Provided that the reporters or the public or both shall withdraw, if at any time so required by the Chairman
(23) Except as provided in sub-regulation (21), no noise or expression of approval or disapproval on the part of public or reporters present shall be permitted
(24) The Chairman may cause any person other than a member or a member of the Board who interrupts the business of the meeting to be summarily removed from the building in which the meeting is held
(25)
(i) No member may inspect the papers relating to a matter which either he or his parents or any other dependent of his parents or parents of the husband or wife, as the case may be, or any descendent of those persons has a direct or indirect pecuniary interest subject to this exception :
(a) Members of the sub-committee and members charged with the performance of any special duty may inspect the papers connected with their duties at the Secretary's office during office hours
(b) Any other member may inspect documents and registers at the Secretary's office during office hours
(ii) An application for permission to inspect under clause (1) shall be in writing and state the papers to be inspected and the reasons for inspecting them. The Chairman or the Secretary, as the case may be, may refuse permission if the reasons given in his opinion are insufficient :
Provided that nothing in this regulation shall be deemed to deprive any person of a right to inspect document under any law for the time being in force.

Regulation9 Office Hours
The Board shall follow the working hours prescribed for the Delhi Administration Offices

Regulation10 Holidays
All Sundays, Second Saturdays and such other holidays as declared by the Administrator shall be the holidays for the Board.

DELHI

AGRICULTURAL MARKETING BOARD(DELEGATION OF DUTIES AND POWERS)REGULATIONS, 1978

DELHI

AGRICULTURAL MARKETING BOARD(DELEGATION OF DUTIES AND POWERS)REGULATIONS, 1978

PART 1 GENERAL

PART Regulation1 Short title
These regulations may be called the Delhi Agricultural Marketing Board (Delegation of Duties and Powers) Regulations, 1978.

Regulation2 Commencement
These shall come into force at once.

Regulation3 Definitions
Under these regulations, unless the context otherwise requires :
(a) "Act" means the Delhi Agricultural Produce Marketing (Regulations) Act, 1976.
(b) "Board" means the Delhi Agricultural Marketing Board constituted under section 5.
(c) "Chairman" means the Chairman of the Board appointed under sub-section (1) of section 5.
(d) "Schedule" means schedule appended to these regulations.
(e) "Secretary" means the Secretary as specified in sub-section (2) of section 5.
(f) "Section" means the section of the Act.
(g) "Rules" means rules made under section 5.
(h) All other words and expressions used in these regulations but not defined shall have the meanings respectively assigned to them in the Act and the rules.

Regulation4 Delegation of Powers
(1) The duties and powers relating to superintendence, control and duties of the Board specified in the first schedule shall be exercised by such authorities as specified against each entry in the corresponding column of the said Schedule.
(2) The duties and powers of the board relating to the administrative and financial matters specified in the second schedule shall be exercised by such authorities as indicated against each entry in corresponding column of the Second Schedule.

Regulation5 Conditions subject to which powers shall be exercised by the delegates.
(1) The delegation of power to the Chairman/Secretary under regulation 4 shall be subject to the budget provision in the financial year for the purpose and the observance of the procedure laid down in the General Financial Rules, 1963 made by the Central Government.
(2) The powers and delegation under regulation 4 shall be exercised subject to the following conditions, namely
(i) The expenditure should not be prima facie more than the occasion demands.
(ii) No expenditure should be incurred for the benefit of a particular section or person unless a claim therefor could be enforced in court of law or the expenditure is in pursuance of approved policy of the Board.
(iii) No authority should exercise the powers for sanctioning expenditure or to pass an order which will be directly or indirectly to its own advantage.
(iv) The amount of the allowance granted to meet a particular type of expenditure should be so regulated that the allowance is not on the whole a source of profit to the recipients.
(v) No part of expenditure should be split up, just to bring it within the financial powers of lower competent authority.
(vi) The powers in the second schedule regarding losses shall be exercised by the authorities provided the loss does not disclose a defect in the rules and procedure.

Regulation6 Powers to interpret
The powers of interpreting these regulations is reserved to the Board.

Regulation7 Powers to relax or withdraw
Notwithstanding anything contained in these regulations, the Board may, by general or by special orders, relax or withdraw any provision of these regulations.

SCHEDULE 1 SCHEDULE
SCHEDULESCHEDULE 1
Stating Power of Superintendence, Control and Direction Delegated to Various Authorities
Serial No.
Reference to the section
Nature of Power
Authority to whom the powers under Col. 2 are delegated
1.
5(11)
To authorise other officials of the Board to exercise the powers under sub-section 11 of Section 5.
Secretary
2.
5(12)
Power to transfer the Secretary or any employees dealing in accounts from one Market Committee to another.
Secretary
3.
25(i)(ii)
To direct a Market Committee to provide facilities for marketing of agricultural produce.
Secretary
4.
36(2)
To make an order on appeal preferred under clause (a) of subsection (1) of section 36 as he may deem just and proper.
Chairman
5.
37(3)
Power to hear and to make order on the appeal preferred under sub-section (3) of section 37 as he may deem just and proper.
Appeal Sub-committee to be constituted by the Board.
6.
43
To authorise any officer by general or special order in this behalf. (a) To inspect the accounts and affairs of Market Committee. (b) To hold enquiry into the affairs of Market Committee. (c) To call for any return, statement or account or report which he may think fit to require to furnish. (d) To require a Market Committee to comply with the provisions of clauses (d) and (e) of section 43.
Secretary
7.
45
To issue order for authorising a person to seize and take possession of books, records and funds and property of a Market Committee.
Chairman

SCHEDULE 2 SCHEDULE
SCHEDULE[See Regulation No. 4(2) SCHEDULE II
See Regulation No. 4(2)
chedule showing the Powers Delegated to the Chairman and the Secretary
S
I.
No.
Nature of Powers
Scope of Powers
Chairman Secretary
1.
To meet the emergent situation
Full powers subject to the conditions that he would make a report to the Board of the action taken and reasons for the same as also the expenditure, if any, incurred or likely to be incurred in consequence of such action.
Full powers in the absence of the Chairman subject to the condition that he would make a report to the Chairman/ Board of the action taken and the reasons for the same as also the expenditure, if any, incurred or likely to be
2.
Creation of posts.
In accordance with the provisions of the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
3.
Promotion.
In accordance with the provisions of the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
4.
Engagement of staff on casual basis/ adhoc basis/during leave vacancy etc.
Subject to the provision of the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978, full powers for engagement of staff (i) during leave vacancy in place of staff proceeding on leave for more than one month and in the absence of which suitable arrangements by readjustment cannot be made, (ii) on casual basis/adhoc basis for a period not exceeding three months at a time.
5.
Appointment of Legal Adviser/Experts in various aspects of regulated marketing on contract basis.
Full powers to make appointment for a period of one year.
Nil.
6.
Completion and Extension of probation period.
In accordance with the provisions of the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
7.
Prescribing of duties of officers/ employees of the Board.
Full powers.
Full powers.
8.
Assignment of duties (i.e., require employees to perform such duties as may be assigned to them).
Full powers.
Full powers.
9.
Sanctioning of all kinds of leave and increments.
In accordance with the provisions of the Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
10.
Transfers.
In accordance with the provisions of the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
11.
Deputing officials on official work out of Delhi.
Full powers.
Full powers.
12.
Deputation of officers/employees on Foreign Services.
Full powers.
Nil.
13.
Sanctioning of allowance, charge allowance, honorarium, officiating after the duties of higher posts or more than one post.
Full Powers in respect of the posts of which he is the appointing authority in consultation with the Accounts officers subject to the provisions of Service, Regulations and in the absence thereof according to Fundamental Rules.
Nil.
14.
Forwarding of applications for outside employment, grant of no objection certificate, retention of lien etc.
Full powers.
Full powers.
15.
Taking disciplinary action including dismissal, termination and suspension against the officers and employees.
In accordance with the provisions of Delhi Agricultural Marketing Board (Method of Recruitment), Scale of Pay and Other Conditions of Service) Regulations, 1978.
Nil
16.
Hearing of appeals and renewal of administrative and disciplinary orders.
In accordance with the provisions of the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
Nil
17.
Grant of extension to officers/employees beyond the age of superannuation.
Full powers to grant extension upto six months to all officers and employees of the Board and thereafter cases may be referred to the Board.
Nil
18.
Acceptance of resignation with or without notice including allowing the withdrawal of resignation.
In accordance with the provisions of the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
19.
To require an employee or class of employees to undergo medical examination.
In accordance with the provisions of the Delhi Agricultural Marketing Board (Method of Recruitment,
20.
To permit officers/ employees take up work not connected with the Board.
Scale of Pay Conditions of Regulations, 1978. Full powers.
and other Service)
Nil
21.
To permit employees (i) to give broadcast performances over A.I.R., Television and
Full powers.
Nil
(ii) to accept the remuneration therefor paid by the authorities.
(iii) to act as an Examiner, paper setter of outside Agencies.
(iv) to write articles for magazines etc.
(v) any other work e.g., holding office in cooperative societies etc.
22.
Payment of overtime allowance.
Full powers.
1 powers.
23.
To sanction incidental expenditure incurred by officers/employees in case of cancellation of journey and such other charges as may be incurred on telephonic messages for booking of return journeys.
Full powers.
1 powers.
24.
To sanction provisional payments to staff which become due but cannot be disbursed for want of authori ty/completion of documentation and formalities or scrutiny of the claim.
Full powers.
Full powers in consultation with Accounts Officer.
25.
To sanction disbursement of monthly salary to the employees before due date of payment.
Full powers.
Full powers in consultation with Accounts Officer.
26.
Refund or forfeiture and deductions from securities deposited by the employees.
Full powers.
Full powers in consultation with Accounts Officer.
27.
Sanction of delayed payments of salaries and allowances.
Full powers in consultation with Accounts Officer.
Nil
28.
To permit employees to travel by class of accommodation higher than the one to which they are entitled.
Full powers.
Nil
29.
Administrative approval of the proposal for purchase of stores.
Full powers to accord administrative approval with the concurrence of the Accounts Officer to the proposals not exceeding in value of Rs. 5000 at a time subject to the condition that the expenditure can be met out of the sanctioned budget.
To accord administrative approval with the concurrence of the Accounts Officer to the proposals not exceeding in value of Rs. 200 at a time subject to condition that the expenditure can be met out of the sanctioned budget.
30.
Administration approval for works.
Full powers to accord administrative approval with the concurrence of the Accounts Officer subject to the condition that the necessity for the sanction of the work has been accepted by the Board and Expenditure can be met out of the sanctioned budget.
Nil
31.
Payment of fees under the laws, rules or regulations in force including fees for obtaining copies of documents from Law Court tribunals etc.
Full powers.
Full powers.
32.
Payment of claims decreed by the court of law.
Full powers.
Full powers to pay the decretal amounts subject to the conditions that each case is reported to the Board where the decreed amount exceeds Rs. 1000. In other cases the matter shall be reported to the Chairman.
33.
Execution of agreements.
Full powers
Full powers provided there is competent administrative sanction for the works and estimates.
34.
To secure by agreement or otherwise office buildings or rent or lease.
Full powers to secure office accommodation and sanctioning of rent/fee therefor.
Nil
35.
To sanction local purchases of stationery, rubber stamps, books, periodicals, maps etc.
Full powers subject to the budget provision.
Subject to budget, provision, expenditure on each occasion should not exceed Rs. 250 upto a maximum of Rs. 5000 per annum.
36.
To sanction new telephone connection or shifting of telephones from one place to another.
(i) Full powers in so far as shifting of telephones from one place to another is concerned, (ii) Full powers to sanction a new telephone connection except for residential purposes.
Nil.
37.
To incur expenditure on postage and telegrams.
Full powers.
38.
Sanction of loan and advances from the provident fund account under the employees provident fund scheme.
In accordance with the provisions of Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1978.
39.
Sanctioning of advances for the purchase of conveyance and for such purposes as approved by the Board.
Full powers subject to the conditions laid down in the rules applicable to Delhi
Adm. employees and subject to the budget provision.
Nil.
40.
Financial assistance to employees in case of prolonged illness.
Full powers not exceeding Rs. 200 in each case with the concurrence of the Accounts Officer for employees drawing pay upto Rs. 500.
Nil.
41.
(a) To write off losses of cash and store caused by theft, flood, fire or other causes of unforeseen nature not due to negligence.
Not exceeding Rs. 5000 in each case with the concurrence of the Accounts Officer and subject to proper enquiries and taking remedial measures.
Nil.
(b)To write off losses of theft and fraud due to negligence.
Not exceeding Rs. 1000/- in each subject to proper enquiries and adopting remedial measures.
Nil.
(c) Disposal of obsolete, unserviceable and surplus stores.
Full powers.
42.
Reappropriate funds provided in the budget.
Full powers to sanction reappropriation of funds within the approved budget.
Nil
43.
To authenticate the budget of the Market Committee.
Full powers.
Full powers subject to having been passed by the Board in first instance and in consultation with Accounts Officer.
44.
To sanction imprest to the Board's officer.
Full powers subject to amount not exceeding Rs. 1,000.
Nil.
45.
Payments of petty expenditure from imprest.
Full powers.
Full powers subject to the norms for expenditure being followed.
46.
To incur expenditure on publicity.
Full powers.
Full powers subject to budget provision.
47.
To sanction actual cost of audit of accounts.
Full powers.
Full powers.
48.
Destruction of old and obsolete records.
Full powers.
Full powers in accordance with the prescribed Rules fixing the life of various types of records.
49.
To incur expenditure on refreshment and entertainment.
Full powers.
Full powers to incur expenditure upto Rs. 100 at a time subject to annual expenditure not exceeding Rs. 2000.
50.
Any other contingent expenditure not mentioned in this Schedule.
Recurring
Not exceeding Rs. 1000 in any case limited in an aggregate of Rs. 3000 per annum subject to the budget provisions.
Recurring
Not exceeding Rs. 50 in any case limited to an aggregate of Rs. 1000 per annum subject to budget provision.
Non-Recurring
Not exceeding Rs. 1000 in each case subject to budget provision.
Non-Recurring
Not exceeding Rs. 350 in each case subject to the budget provision.

DELHI

AGRICULTURAL PRODUCE MARKETING COMMITTEE (SERVICE) REGULATIONS, 1978
In exercise of the power conferred by clause (e) of sub-section (2) of section 44 of the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (No. 87 of 1976) and all other powers enabling it to do so, the Delhi Agricultural Marketing Board hereby makes the following regulations to provide for terms and conditions regarding lending of services of Secretary and salary and other conditions of service of other officers and servants of a Market Committee in the Union Territory of Delhi, namely :

Regulation1 Short title, commencement and application
(1) These regulations shall be called the Delhi Agricultural Market Committee (Service) Regulations, 1978.
(2) These shall come into force at once.
(3)
(a) These shall apply to
(i) all officers and servants who are appointed under the control of a Market Committee in the Union Territory of Delhi and whose pay and allowances are chargeable to the Market Fund under clause (e) of section 40;
(ii) a Government servant whose services are lent to a Market Committee;
(iii) an officer and servant of the Board whose services are lent to Market Committee.
(b) Save as otherwise provided nothing in these Regulations shall apply to
(i) a person who is not in whole-time employment of a Market Committee;
(ii) a person engaged on contract by a Market Committee;
(iii) a person engaged on daily wages in a Market Committee;
(iv) such other categories of persons employed in a Market Committee as may be specified by the Board.

Regulation2 Definitions.
In these regulations unless the context otherwise requires
(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (No 87 of 1976).
(aa) 'Appointment' means the appointment to any post in a Market Committee by direct recruitment or by promotion or by transfer or on deputation or by absorption of an official on deputation;
(b) 'Article' means article of these regulations.
(C) 'Board' means the Delhi Agricultural Marketing Board constituted under Section 5.
(cc) 'Central Committee' means the Central Staff Selection Committee constituted under regulation No 14A of these regulations.
(ccc) 'Chairman' means the Chairman of the Board nominated by the Administrator under section 5 of the Act.
(cccc) 'Chairman of the Committee' means the Chairman of a Market Committee nominated under sub-section (3) of section 9 of the Act and includes a functionary by whatever name called, appointed by the Administrator under clause (c) of sub-section (2) of section 48 of the Act for carrying out of the functions of the Market Committee;
11. Substituted by Notification No. F. l(6)/78-DAMB dated 26-7-1979 published in Delhi Gazette, Extraordinary, Pt. IV, dated 26-7-1979.
[(d) 'Direct Recruitment' means an appointment made otherwise than by promotion or by transfer or deputation].
(e) 'Government Rules' means the rules made under the provisions of Article 309 of the Constitution of India by the Central Government or by the Administration governing the terms and conditions of service of the employees of the Delhi Administration including all amendments and orders or instructions issued by the Central Government or by the Administrator thereunder or concerning them or the instructions issued by the Comptroller and Auditor General of India and any reference to any such rules in these Regulations shall include a reference to such amendments, orders and instructions.
(f) 'Market Committee' means a Committee constituted for a market area in the Union Territory of Delhi under section 8.
(g) 'Market Secretary' means a Secretary of a Market Committee as defined in ciause(s) of Section 2.
(gg) Post includes a temporary or a permanent or a tenure post created in a Market Committee in connection with its affairs and the expenditure of which is chargeable to the Market Fund;
(ggg) 'Secretary' means the Secretary of the Board referred to in sub-section (5) and
(h) 'Section' means Section of the Act.
(i) 'Employee' means a person to whom the Regulations are made applicable under clause (a) of sub-article (3) of Article 1.
(ii) 'Vacancy' means a post in a Market Committee against which no appointment has been made and includes a post against which an appointment has been made without complying with the provisions of sub-section (2) of section 32 of the Act and the provisions of these Regulations.

Regulation3 Classification of Posts
Subject to such exceptions as the Board may, by general or special order make from time to time, all posts in a Market Committee to which an employee may be appointed shall be classified as under :
1. 'A' Grade a post carrying a pay of scale or pay with a maximum of not less than Rs.13007-
2. 'B' Grade a post carrying a pay or scale of pay with a maximum of not less than Rs. 900/- but less than Rs. 13007-
3. 'C' Grade a post carrying a pay or scale of pay with a maximum of over Rs. 2907- but less than Rs. 9007-
4. 'D' Grade a post carrying a pay or scale of pay the maximum of which is Rs. 2907- or less.
Explanation. For the purposes of this article
(i) 'Pay' shall have the meaning assigned to it in F.R.9(21) (a).
(ii) 'Scale of pay' means the scale prescribed under Government Rules called the Central Civil Services (Revised Pay) Rules, 1973.

Regulation4 Appointing Authority
Without prejudice to the provision of Section 32 of the Act, an appointment in a post (but excluding the post of a Market Secretary) shall be made by a Market Committee by
(a) direct recruitment; or
(b) promotion; or
(c) transfer; or
(d) transfer or deputation. in accordance with the provision of these regulations.
11. Added by Notification No. F. 1 (6)/78-DAMB dated 26-7-1979 published in Delhi Gazette, Extraordinary, Pt. IV, dated 26-7-1979.
[Provided that no appointment to a post in Grade A shall be made unless the previous approval of the Administrator has been obtained.

Regulation5 Sanction of appointment and creation of posts
(1) Subject to budget provisions appointment by a Market Committee shall be made as is required for the efficient management of its affairs with the previous approval of the Secretary of the Board.
(2) A post in a Market Committee shall be created in the scale of pay sanctioned for a corresponding post under Delhi Administration from time to time carrying the comparable duties and responsibilities.
(3) Whenever the scale of pay of the corresponding posts of the Delhi Administration undergo a change, the scale of pay of the posts in a Market Committee shall automatically stand changed subject to conditions, restrictions and provisions of rules governing such revisions of scales.
Explanation. A declaration as to the relative degree of duties and responsibility and work attached to a post in a Market Committee and the corresponding post under Delhi Administration shall be made by the Board for purposes of sanctioning a scale of pay for a post in a Market Committee.
(4) A post shall be created subject to budget provisions and availability of funds.
(5) When a post is required to be sanctioned in relaxation of the provisions of any of the foregoing sub-articles, the previous approval of the Secretary of the Board shall be obtained.

Regulation5A Restriction on appointments
(1) Notwithstanding anything contained in these regulations, no appointment in a Market Committee shall be made otherwise than in accordance with the procedure specified in these regulations.
(2) No amount standing to the credit of the Market Fund shall be spent by a Market Committee for salary, pay and allowance, wages, pension and leave allowances, gratuity, compensation for injuries and contribution towards leave, allowances, pensions or Provident Fund of Officers and servants of a Market Committee or any fee or any other valuable consideration payable under any contract of service unless the appointments have been made in accordance with the provisions of the Act and these Regulations.

Regulation5B Appointment of servants on daily wages or on contract basis
No person in a Market Committee shall be appointed as a part-time worker or on contract or on daily wages unless the previous approval of the Secretary as required under sub-section (2) of section 32 has been obtained in writing.
(6) All posts in a Market Committee shall be non-pensionable.

Regulation6 Application of Government Rules
1. All the Government Rules which are made applicable by these regulations to the employees shall apply with the following modifications, namely :
(a) The powers of the State Government or the Administrator or the Government shall vest in the Chairman of the Board.
(b) The powers of the Head of Department shall be exercised by a Market Committee.
(c) The powers of the Head of Office or of a Controlling Authority for purposes of T.A. claims shall be exercised by the Secretary of the Market Committee or such other officers as may be authorised by a Market Committee in writing.
2. The terms and conditions for which provision has not been specifically made in these regulations shall be regulated in accordance with the provisions of the Fundamental Rules and Supplementary Rules :
Provided that the provisions of Appendix 6 to the Supplementary Rules containing orders regarding compensatory (city) allowance and house rent allowance shall be applicable with the following modifications :
(i) Rate of H.R.A. shall be 30 per cent of the pay;
(ii) H.R.A. shall be admissible without reference to the quantum of rent paid to the employees drawing pay upto Rs.1000 per month.

Regulation7 Medical Attendance
Central Service (Medical Attendance) Rules, 1944 as amended from time to time shall be ipso facto applicable to the employees of the Market Committee:
Provided that for the purposes of medical treatment and attendance an employee shall remain under medical treatment and medical attendance at a dispensary, hospital, clinic or other institution or of a medical practitioner as may be specified by the Board from time to time :
Provided further that an employee may elect to claim reimbursement for expenses incurred by him on his own treatment or treatment of any member of his family at a flat rate of Rs. 20 per month without preferring any claim on the condition that he shall not be entitled to claim any other benefit which may be admissible under these rules and the option once exercised shall be final.

Regulation8 Temporary Employees
Temporary employees shall be governed by the provisions of the Government rules called The Central Civil Services (Temporary Service) Rules, 1965, as amended from time to time. Powers of the Administrator in the said Rules shall be exercisable by the Board.

Regulation9 Discipline and Penalties
All matters concerning discipline suspension, penalties and appeals in respect of an employee shall be regulated by Government Rules contained in Central Civil Services (Classification, Control and Appeal) Rules, 1965 as amended from time to time with the following modifications :
(a) Market Committee shall be the disciplinary authority to impose any penalty. However, the Secretary of a Market Committee shall be competent to impose a minor penalty.
(b) In case of an employee appointed on deputation or on transfer basis, no major penalty shall be imposed by the Market Committee but the enquiry report, and the recommendations of the Market Committee on such report shall be forwarded to the lending authority for such action as may be deemed fit by it.
(c) The powers of the appellate authority shall be exercised by the Secretary of the Board.

Regulation10 Conduct
The Government rules called the Central Civil Services (Conduct) Rules, 1964 as amended from time to time shall be applicable to the employees of a Market Committee with the following modifications :
(a) The Secretary of the Board shall exercise the powers of the competent authority or prescribed authority for purposes of property returns and information and granting permissions concerning acquisition of property by sale, gift or any other mode of transfer.
(b) Market Committee shall enforce the compliance with these rules.

Regulation11 Seniority
Inter-seniority of employees shall be determined in accordance with rules called the Delhi Administration (Seniority) Rules, 1965, as amended from time to time with the following modifications:
(a) 'Competent Authority' means the appointing authority.
(b) For the expression Class II, Class III and Class IV the expression 'Grade B, Grade C and Grade D' shall be respectively substituted.
(c) Power of the Administrator shall be exercised by the Chairman of the Board.

Regulation12 Provident Fund
(1) Each Market Committee shall establish 'Employees Provident Fund' (hereinafter referred to as the Provident Fund).
(2) The management of the provident fund shall vest in the Market Committee.
(3) The rules called the Contributory Provident Fund Rules, 1962 as amended from time to time shall mutatis mutandis apply to the provident fund established by a Market Committee particularly with the following modifications, namely :
(a) 'Accounts Officer' shall be the Market Secretary.
(b) 'Contribution by Government' shall mean the contribution by the Market Committee establishing the provident fund.
(c) 'Government' shall mean the Market Committee establishing the provident fund.
(d) The authority competent to sanction advances or withdrawal shall be the Market Committee establishing the fund.
(e) Provisions of rule 19 to rule 32 (both inclusive) shall not be applicable to the provident fund.

Regulation13 Leave
The Rules called the Central Civil Services (Leave) Rules, 1972 as amended from time to time shall mutatis mutandis apply to the employees of a Market Committee with the following modifications, namely :
(a) Powers of the Administrator shall be exercised by the Board.
(b) Authority competent to sanction leave shall mean the Market Committee.
(c) Department of the Central Government shall mean the Market Committee.

Regulation14 Recruitment to the post under a Market Committee
(1) Posts specified in the Schedule shall comprise a separate unit of establishment of a Market Committee which defrays the expenditure of the posts from the Market Committee Fund. The qualifications, method of recruitment and other requirements shall be the same as are specified in the Schedule :
Provided nothing in this article shall affect the right of the authority competent to sanction a post on the establishment of a Market Committee to add or to reduce the number of such posts whether permanent or temporary with different designations and scales of pay :
Provided further that where a post is created subsequently and such post is likely to continue for a period of more than one year, the authority competent to create the post shall with previous approval of the Board and the Administrator prescribe the method of recruitment and qualifications and other requirements first before filling up of the post and in that event the post shall be added to the regular cadre of the Market Committees and the amendment of the Schedule shall be notified accordingly.
(2) All appointments shall be made initially on probation for a period herein specified, namely :
(a) By direct recruitment ...Two years.
(b) By promotion/transfer ...One year.
Provided that
(i) any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation :
(ii) continuous services in an equivalent or higher scale under Government/Board or other Market Committee shall count towards the period of probation.
(3) If, in the opinion of the appointing authority the work or conduct of an employee during the period of probation is not satisfactory, it may extend the period for a period of one year, it may
(i) if such employee was appointed by direct recruitment, dispense with his service; or
(ii) if such employee was appointed otherwise than by direct recruitment, revert him to the former post :
Provided that where an appointment was made by transfers action under this sub-article shall be taken with the previous approval of the Board or, as the case may be, of the Secretary of the Board.
Explanation. For purposes of this article, it is provided for removal of doubts that if an employee successfully completes the period of probation including the extended period, he shall not be deemed to have been confirmed in the post until he is substantively appointed in a permanent post by order, in writing, of the appointing authority.
(4).
(5) All appointments shall be made strictly in accordance with the order of merit of the list communicated to the Market Committee by the Secretary.
(6) No person shall be appointed to the service of a Market Committee who :
(a) is less than 18 years of age or more than 2[32] years of age;
(b) is not a citizen of India;
(c) is convicted of an offence involving moral turpitude;
(d) is insane or of unsound mind;
(e) if married has more than one living spouse;
(f) who does not satisfy the appointing authority that his character and antecedents are such as justify him for employment in the service.
33. Omitted by ibid.
(7).
44. Ibid.
(8).
55. Ibid.
(9).
66. Substituted by Notification No. F.l(6)/78 DAMB dated 26.7.1979 published in Delhi Gazette, Extraordinary, Part IV, dated 26.7.1979.
(10) The reservation and concessions as are in force from time to time in favour of the Scheduled Castes, Scheduled Tribes or other special categories of persons the filling up in vacancies in posts of services under the Central Government shall be applicable to in filling up of the vacancies in the posts or service in a Market Committee and all the provisions of the instructions, orders or directions issued by the Central Government in respect thereof from time to time and the procedure laid down for maintenance of roster of reserved posts and submission of statements shall, so far as may be, apply accordingly for the purpose of filling up the vacancies in the posts or services in a Market Committee.
(11) In case suitable Scheduled Castes/Scheduled Tribes candidates are not available to fill the vacancies reserved for them, such vacancies shall not be reserved except with the previous approval of the Administrator.

Regulation14A Constitution of the Central Staff Selection Committee
(1) There shall be a Central Staff Selection Committee consisting of following five members :
(i) Chairman Chairman
(ii) Secretary Member-Secretary
(iii) Chairman of the Market Committee concerned Member
(iv) Two members of the Board to be nominated by the Chairman one of whom shall belong to a Scheduled Caste/Tribe Members.
(2) The functions of the Central Committee shall be to make selection of candidates for appointment to any vacancy in a Market Committee.
(3) The Central Committee shall be competent to take aid and advice from any expert who may be associated in its deliberation under orders of the Chairman.
(4) If there happens to be no member in the Central Committee belonging to Scheduled Caste/Scheduled Tribe, the Chairman shall nominate a member on it from amongst the Officers of Delhi Administration belonging to Scheduled Caste or Scheduled Tribe.

Regulation14B Procedure for filling up the vacancies in a Market Committee
Notwithstanding anything contained in these Regulations and without prejudice to the provisions of section 32 of the Act
(1) All vacancies in a Market Committee shall be filled up from the candidates nominated by the Central Committee which shall be binding on the Market Committee.
(2) All vacancies in a Market Committee shall be notified to the Secretary, who shall thereupon proceed to take action in the manner hereinafter specified.
(3) Where a post is required to be filled up under these regulations by direct recruitment :
(a) The post shall be duly advertised in a widely read newspaper in the Union Territory of Delhi and/or notified to the Employment Exchange by the Secretary.
(b) The applications received in response to an advertisement and/or the list of candidates received from the Employment Exchange would be scrutinised by the Secretary and the list of eligible candidates shall be put up to the Central Staff Selection Committee.
(c) The Central Staff Selection Committee shall be competent to lay down criteria for scrutiny of applications and/or list of the candidates received from the Employment Exchange and also for the selection of the candidates by the Central Committee.
(d) The candidates may, if considered necessary by the Central Staff Selection Committee, be subject to a test before interview by the Central Staff Selection Committee.
(e) After the preparation of results of the interview, the recommendations of the Central Committee shall be finalised and authenticated by the Secretary.
(f) The name of the candidates on the select list shall be communicated in order of merit to the Market Committee in which the vacancy is to be filled up.
(4) Where a post is required to be filled up by promotion under these Regulations :
(a) The Market Committee shall forward to the Secretary
(i) the list of eligible officers;
(ii) latest inter se seniority list of the incumbents of the feeder posts; and
(iii) the upto-date dossiers of character roll of the eligible Officers.
(b) After scrutiny of the record of service of the eligible officers the Central Committee shall draw a list in order of merit of the officers not exceeding thrice the number of vacancies required to be filled up by promotion. The list shall be authenticated by the Secretary.
(c) The Secretary shall then communicate the recommendations to the Market Committee concerned.
(d) All the instructions, guidelines issued by the Government of India for making appointments promotion to the Central Services posts shall be followed by the Central Staff Selection Committee.
(5) Where the post is required to be filled up by transfer on deputation :
(a) The Market Committee shall notify the vacancy to the Secretary.
(b) On receipt of the intimation referred to in the foregoing clause, the Secretary shall proceed to obtain a panel of Officers from the department, institution, organisation from which the services of an Officer is to be borrowed together with the dossiers of character roll.
(c) Thereupon the Secretary shall place the panel officers together with the dossiers of character rolls before the Central Committee.
(d) After the selection has been made by the Central Committee and authenticated by the Secretary, the name of the officer selected shall be communicated to the Market Committee concerned.
(e) The Secretary shall finalise the terms and conditions of appointment of the officer taken on deputation and communicate the same to the Market Committee concerned.

Regulation15 Liveries or Uniform
Drivers or other grade "D" employees shall be supplied by every Market Committee liveries on the scale and subject to the conditions specified in the liveries rules applicable to the Drivers and Grade "D" employees of Delhi Administration.

Regulation16 Record of Service
(1) The Secretary of a Market Committee shall be responsible for keeping the record of service of the employee.
(2) The record of service referred to in the preceding sub-article shall include
(a) Service book in which every event in the service of an employee shall be recorded chronologically;
(b) annual confidential report on the work and conduct of the employee which shall be written by the reporting officer and countersigned by the reverse authorities to be specified by order in writing by the Secretary of the Board.

Regulation17 Terms and conditions of existing employees
Notwithstanding anything contained in these regulations
(1) The salary and other terms and conditions of an existing employee approved by the competent authority shall not be varied to his disadvantage:
Provided that every such employee shall be entitled to option for terms and conditions of service as contained in their regulations and the option once exercised shall be final.
(2) If any existing employee is not covered by the provisions of these regulations as to qualifications, age, mode of recruitment, he shall be deemed to have been appointed in relaxation of these provisions.
Explanation. For purpose of this regulation existing employee shall mean the employee validly appointed on replacement basis by a Market Committee immediately before the commencement of these regulations.

Regulation18 Powers to relax
Where a Market Committee is of opinion that it is necessary or expedient so to do, it may with the previous approval of the Board and the Administrator, relax any of the provisions of these regulations with respect to any class or category of persons or posts.

SCHEDULE 1 The Delhi Agricultural Market Committee (Service)Regulations, 1978
SCHEDULE SCHEDULE 1
Stating Power of Superintendence, Control and Direction Delegated to Various Authorities
Serial No.
Reference to the section
Nature of Power
Authority to whom the powers under Col. 2 are delegated
1.
5(11)
To authorise other officials of the Board to exercise the powers under sub-section 11 of Section 5.
Secretary
2.
5(12)
Power to transfer the Secretary or any employees dealing in accounts from one Market Committee to another.
Secretary
3.
25(i)(ii)
To direct a Market Committee to provide facilities for marketing of agricultural produce.
Secretary
4.
36(2)
To make an order on appeal preferred under clause (a) of subsection (1) of section 36 as he may deem just and proper.
Chairman
5.
37(3)
Power to hear and to make order on the appeal preferred under sub-section (3) of section 37 as he may deem just and proper.
Appeal Sub-committee to be constituted by the Board.
6.
43
To authorise any officer by general or special order in this behalf. (a) To inspect the accounts and affairs of Market Committee. (b) To hold enquiry into the affairs of Market Committee. (c) To call for any return, statement or account or report which he may think fit to require to furnish. (d) To require a Market Committee to comply with the provisions of clauses (d) and (e) of section 43.
Secretary
7.
45
To issue order for authorising a person to seize and take possession of books, records and funds and property of a Market Committee.
Chairman

DELHI

AGRICULTURAL MARKETING BOARD (METHOD OF RECRUITMENT, SCALE OF PAY AND OTHER CONDITIONS OF SERVICE) REGULATIONS, 1979

DELHI

AGRICULTURAL MARKETING BOARD (METHOD OF RECRUITMENT, SCALE OF PAY AND OTHER CONDITIONS OF SERVICE) REGULATIONS, 1979

Regulation1 Short Title, Commencement and Application
(1) These regulations shall be called the Delhi Agricultural Marketing Board (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1979.
(2) They shall come into force at once.
(3)
(a) They shall apply to
(i) all officers and servants who are appointed under the control of the Board and whose pay and allowances are chargeable to the Marketing Development Fund under Section 38;
(ii) a Government servant whose services are lent to the Board.
(iii) an officer and servant of the Board whose services may be lent to a market committee and whose pay and allowances may be charged to the market fund under clause (e) of section 40 while remaining on deputation to a market committee;
(iv) secretary of a market committee as defined in clause (s) of Section 2.
(b) Nothing in these regulations shall apply to
(i) a person who is not in whole-time employment of the Board;
(ii) a person engaged on contract by the Board;
(iii) a person engaged on daily wages by the Board;
(iv) such other persons not falling within sub-clause (a) as may be specified by the Board.

Regulation2 Definitions
(1) In these regulations unless the context otherwise require
(a) 'Act' means the Delhi Agricultural Produce Marketing (Regulation) Act, 1976 (No. 87 of 1976);
(b) 'Appointing Authority' means an authority competent to make an appointment to a post under the board in accordance with the provisions of these rules;
(c) 'Article' means an article of these regulations;
(d) 'Board' means the Delhi Agricultural Marketing Board constituted under section 5;
(e) 'Direct Recruitment' means an appointment made otherwise than by promotion or by transfer on deputation;
(f) 'Employee' means a person in the employment of the Board to whom these regulations are applicable under sub-clause (a) of clause (3) of Article 1;
(g) 'Government rules' means the rules made under the proviso to Article 309 of the Constitution of India by the Central Government or by the Administration governing the terms and conditions of service of the employees of the Delhi Administration including all orders or instructions issued by the Central Government or by the Administrator thereunder or concerning them or the instructions issued by the Comptroller and Auditor General of India and any reference to any such rule in these regulations shall include a reference to such orders and instructions;
(h) 'Market Committee' means a committee constituted for a market area in the Union Territory of Delhi under sections 7 or 8;
(i) 'Schedule' means the Schedule appended to these regulations;
(j) 'Secretary' means a secretary of a market committee as defined in clause (a) of section 2;
(k) 'Secretary of the Board' means the secretary appointed under sub-sec. (2) of section 5;
(1) 'Section' means section of the Act.
(2) All other terms and expressions used in these regulations but not defined shall have the same meaning as are assigned to them in the Act, or the rules made thereunder.

Regulation3 Classification of Post
Subject to such exceptions as the Board may, by general or special order make, all posts in the Board to which an employee may be appointed shall be classified as under
"A" Grade. a post carrying a pay or a scale of pay with a maximum of not less than Rs. 1300/-.
"B" Grade. a post carrying a pay or a scale of pay with a maximum of not less than Rs. 9007- but less than Rs. 1300/-.
"C" Grade. a post carrying a pay or a scale of pay with a maximum of over Rs. 2907- but less than Rs. 9007-.
"D" Grade. a post carrying a pay or a scale of pay maximum of which is Rs. 2907- or less.
Explanation. For the purposes of this Article
(i) 'Pay shall have the meaning assigned to it in F.R. 9 (21)(a);
(ii) 'Scale of pay' means the scale prescribed under the Central Civil Services (Revised Pay) Rules, 1973.

Regulation4 Appointing Authority
(1) Appointment shall be made in the posts to be sanctioned by the Board by
(a) direct recruitment;
(b) promotion; or
(c) transfer on deputation; in accordance with the provisions of these regulations and the Schedule.
(2) Appointment to the post specified in column (2) of the Table below shall be made by the authorities mentioned against each in column (3) of the said Table.
Provided that appointment to a post in Grade 'A' shall be made with the previous approval of the Administrator.

Regulation5 Sanction for creation of Posts
(1) The Board shall have full powers to create any permanent or temporary post.
(2) A post shall be created in the scale of pay sanctioned for a corresponding post under Delhi Administration carrying the comparable duties and responsibilities.
Explanation. A declaration as to relative degree of duties and responsibilities and work attached to a post in the Board and the corresponding post under the Delhi Administration shall be made by the Board for the purposes of sanctioning a scale of pay.
(3) The post shall be sanctioned by the Board subject to budget provisions and availability of funds. Before sanctioning a post, the Board shall satisfy itself about the justification of the post with regard to the work-load and requirement.
(4) When a post is required to be sanctioned in relaxation of the provisions of any of the foregoing clauses, the previous approval of the Administrator shall be obtained by the Board.
(5) All posts in the Board shall be non-pensionable.

Regulation6 Application of Government Rules
(1) All the Government Rules which are made applicable by these regulations to the employees shall apply with the following modifications, namely
(a) The powers of the State Government or the Administrator or the Government shall vest in the Administrator.
(b) The powers of the Head of Department shall vest in the Chairman of the Board.
(c) The powers of the Head of Office or of a Controlling Authority for purposes of T.A. claims shall be exercised by the Secretary of the Board or such other officer as may be authorised by the Board.
(2) The terms and conditions of the service of the employees for which provision has not been specifically made in these regulations shall be regulated in accordance with the provisions of the Fundamental Rules and Supplementary Rules :
Provided that the; provisions of Appendix 6 to the Supplementary Rules containing orders regarding Compensatory (City) Allowance and house rent allowance shall be applicable with the following modifications
(i) Rate of HRA shall be 30 per cent of the pay,
(ii) HRA shall be admissible without reference to the quantum of rent paid by the employees drawing pay upto Rs. 1000/- per month.
Explanation. Nothing contained in these regulations shall prevent the Administrator from delegating any of the powers of the Head of Department, Head of Office or the Controlling Authority to any person or officer of the Board.

Regulation7 Medical Attendance
Central Service (Medical Attendance) Rules, 1944 as amended from time to time shall be mutatis mutandis applicable to the employees of the Board:
Provided that for the purpose of medical treatment and attendance, an employee shall remain under medical treatment and medical attendance at a dispensary, hospital, clinic or other institution or of a medical practitioner as may be specified by the Board from time to time:
Provided further that an employee may elect to claim reimbursement for expenses incurred by him on his own treatment or treatment of any member of his family at a flat rate of Rs. 20/- per month without preferring a claim on the condition that he shall not be entitled to claim any other benefit which may be admissible under these rules and the option once exercised shall be final.

Regulation8 Temporary Employees
Temporary employees shall be governed by the provisions of the Central Civil Service (Temporary Services) Rules, 1965.

Regulation9 Discipline and Penalties
All matters concerning discipline suspension penalties and appeals in respect of an employee shall be regulated by the Central Civil Service (Classification, Control and Appeal) Rules, 1965 with the following modifications :
(a) The Disciplinary Authority shall be the appointing authority as specified in Article 4 in respect of all the penalties.
(b) In case of an employee appointed on transfer on deputation, major penalty shall not be imposed but the enquiry report and the recommendations of the appointing authority on such report shall be forwarded to the lending authority for such action as it may deem fit.
(c) Where the order imposing a penalty has been made by the Secretary of the Board, an appeal against such order shall lie to the Chairman of the Board but where any such order is made by the Chairman the appeal shall lie to the Administrator.

Regulation10 Conduct
The Central Civil Services (Conduct) Rules, 1964 shall be applicable to the employees with the modifications that the Secretary of the Board shall exercise the power of the competent authority or prescribed authority for purposes of property returns and information and granting permission concerning acquisition and disposal of property by sale, gift or any other mode of transfer.

Regulation11 Seniority
Inter se seniority of employees shall be determined in accordance with the Delhi Administration (Seniority) Rules, 1965 with the following modifications :
(a) 'Competent Authority' means the Appointing Authority as defined in regulation No. 4;
(b) For the expression Class I, II, III and IV the expression Grade A', 'B', 'C', and 'D' shall respectively be substituted.

Regulation12 Provident Fund
(1) There shall be established an 'Employees Provident Fund' (hereinafter referred to as the Provident Fund) by the Board.
(2) The management of the Provident Fund shall vest in the Board.
(3) The Provident Fund shall be administered by the Board.
(4) The Contributory Provident Fund Rules, 1962 shall mutatis mutandis apply to the Provident Fund particulars with the following modifications, namely
(a) 'Accounts Officer' shall mean the Accounts Officer of the Board.
(b) 'Contribution by Government' shall mean the contribution by the Board.
(c) The authority competent to sanction advances or withdrawal shall be the Chairman of the Board.
(d) Provisions of rule 19 to rule 32 (both inclusive) shall not be applicable to the Provident Fund.

Regulation13 Leave
The Central Civil Service (Leave) Rules, 1972 shall mutatis mutandis apply to the employees with the following modifications, namely
(a) Authority competent to sanction leave shall mean the appointing authority referred to in Article 4.
(b) Department of the Central Government shall mean the Chairman of the Board.

Regulation14 Appointment to the Posts under the Board
(1) Posts specified in Schedule I and Schedule II shall comprise a separate unit of establishment. The qualifications, method of recruitment and other requirements shall be the same as are specified in Schedule I and Schedule II against each post and the notes given therein :
Provided nothing in this Article shall affect the right of the Board to add or to reduce the number of such posts or to create new posts whether permanent or temporary with different designations and scales of pay :
Provided further that where a post is created subsequently and such post is likely to continue for a period of more than one year the Board with the previous approval of the Administrator shall prescribe the method of recruitment and qualifications and other requirements first before filling up the post. In that event the post shall be added to the regular establishment of the Board.
(2) All appointments shall be made initially on probation for a period herein specified namely
(a) By direct recruitment Two years.
(b) By promotion/transfer on deputation One year. Provided that
(i) any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation;
(ii) continuous previous service in the post or in an equivalent or higher post whether such equivalent/higher post was under Government or a market committee shall count towards the period of probation.
(3) If, in the opinion of the appointing authority referred to in Article 4, the work or, conduct of an employee during the period of probation is not satisfactory, it may either extend the period not exceeding one year in aggregate or
(i) if such employee was appointed by direct recruitment, dispense with his service; or
(ii) if such employee was appointed otherwise then by direct recruitment, revert him to the former post.
Explanation. For purposes of this Article, it is provided for renewal of doubts that if an employee successfully completes the period of probation including the extended period, he shall not be deemed to have been confirmed in the post until he is substantively appointed in a permanent post by order in writing of the appointing authority and nothing contained in these regulations shall debar him from absorbing those employees permanently in the posts under the Board who are appointed by transfer on deputation.
(4) There shall be a Selection Committee to be constituted by the Board. All appointments shall be made by the appointing authority on the recommendations of the Selection Committee.
(5) The panel of selection drawn by the Selection Committee shall be published and made public. The appointments shall be made strictly in accordance with the order assigned to each candidate in the said panel.
(6) No person will be appointed to the service of the Board who
(a) is less than 18 years of age or more than 30 years of age unless otherwise stated in the Schedule;
(b) is not a citizen of India;
(c) is convicted of an offence involving moral turpitude;
(d) is insane or of unsound mind;
(e) if married has more than one living spouse;
(f) who does not satisfy the appointing authority that his character and antecedents are such as justify him for employment in the service.
(7) The procedure for making appointment by direct recruitment shall be regulated as under
(i) In case of a vacancy, the duration of which is not more than 89 days the appointing authority shall make the appointment without advertising posts and notifying the vacancies to the Employment Exchange;
(ii) In case of vacancy the duration of which is more than 89 days the appointment shall not be made unless the post has been duly advertised in a widely read newspaper in the Union Territory of Delhi and notified to the Employment Exchange;
(iii) The applications received in response to an advertisement and the list of candidates received from Employment Exchange will be scrutinised by the Secretary of the Board and the list of eligible candidates shall be put up to the Selection Committee;
(iv) The candidates for various posts may, if considered necessary by the Board be subjected to a test and/or interview;
(v) After the preparation of results of interview or the test, as the case may be, the recommendations of the Selection Committee shall be submitted to the Chairman of the Board for approval;
(vi) The appointment letters to the candidates approved by the Chairman of the Board shall be issued by the appointing authority.
(8) The procedure for making appointment by promotion shall be regulated as under
(i) When a promotion is made to a non-selection post it shall be made according to seniority subject to rejection of the unfit;
(ii) When a promotion is made to a selection post, it shall be made according to merits with due regard to seniority.
(9) The procedure for filling up of the posts on transfer on deputation from a Government Department shall be regulated on foreign service terms as given in F. Rs. and S. Rs. The Board shall be liable for pension and leave salary contributions to the lending authority calculated according to rules of incidence of that authority. Where the post is filled up by transfer from any other undertaking or statutory body, the terms and conditions of deputation shall be mutually agreed to and settled with the approval of the Chairman of the Board.
(10) Every employee of the Board shall be liable to serve on the establishment of a market committee and the Chairman of the Board shall have the powers to transfer any employee to the establishment of any market committee even without his consent.
(11) When the services of an employee are lent under sub-section (1) of section 32 or under the foregoing clause, the market committee shall, out of its Market Fund, pay every month to the Board, a sum equal to that extent from the market development fund for payments referred to in clause (viii) of sub-section (4) of section 38 for and in respect of such employee for the period during which he serves the market committee.
(12) Neither a market committee shall pay any amount to an employee whose services are lent to it, nor shall he accept from it any amount except with the previous approval of the Board.
(13) The reservation and concessions as are in force from time to time in favour of the Scheduled Castes and Scheduled Tribes in filling up the vacancies in posts or services under the Central Government, shall be applicable to the filling up of the vacancies in the posts or service in the Board and all the provisions of the instructions, orders, or directions issued by the Central Government in respect thereof from time to time and the procedure laid down for maintenance of roster of reserved posts and submission of statements, shall, so far as may be, apply accordingly for the purposes of filling up the vacancies in the posts or service in the Board.
(14) In case suitable Scheduled Castes/Scheduled Tribes candidates are not available to fill the vacancies reserved for them, such vacancies shall not be de-reserved except with the previous approval of the Administrator.

Regulation15 Liveries or uniform
Drivers or other Grade 'D' employees shall be supplied by the Board liveries on the scale and subject to the conditions specified in the liveries rules applicable to the drivers and Grade 'D' employees of Delhi Administration.

Regulation16 Record of Service
(1) The Secretary of the Board shall be responsible for keeping the record of service of the employee including that of a Secretary of a market committee.
(2) The record of service referred to in the preceding sub-clause shall include
(a) service book in which every event in the service of an employee shall be recorded chronologically;
(b) Annual Confidential Report on the work and conduct of the employee including a secretary of a market committee which shall be written by the reporting officer and countersigned by the reviewing authorities to be specified by order in writing by the Chairman of the Board.

Regulation17 Terms and conditions of existing employees
Notwithstanding anything contained in these regulations
(1) The salary and other terms and conditions of an existing employee shall not be varied to his disadvantage : Provided that every such employee shall be entitled to opt for terms and conditions of service as contained in these regulations and the option once exercised shall be final.
(2) If any existing employee is not covered by the provisions of these regulations as to qualifications, age, mode of recruitment, he shall be deemed to have been appointed in relaxation of these provisions.
Explanation. For purposes of this regulation existing employee shall mean employee appointed by the Chairman of the Board or the Board immediately before the commencement of these regulations including a secretary of a market committee.

Regulation18 Powers to relax
Where the Board is of opinion that it is necessary or expedient so to do, it may with the previous approval of the Administrator, relax any of the provisions of these regulations with respect to any class or category of persons or post.

SCHEDULE 1 SCHEDULE 1
SCHEDULE I
The Delhi Agricultural Marketing (Method of Recruitment, Scale of Pay and Other Conditions of Service) Regulations, 1979 Posts, Scale of Pay, Qualifications and Method of Recruitment
[See Regulation No. 14]
S. no.
Name of the post
Scale of pay
Whether selection or non selection
Age limit minimum & maximum in yer.
Qualifications
Whether age limit and qualifications prescribed in Col. (5) & (6) shall apply in the case of promotion/ transfer
Method of recruitment
In case of recruitment by promotion/ transfer grade from which to be made
1
2
3
4
5
6
7
8
9
1.
Joint Secretary
Rs. 1200-50-1600+ S pl. Pay of R s. 150 P.M.
Selection
N .A.
NA
N .A.
By promotion failing which by transfer on deputation.
Promotion : Officers in the scale of Rs. 650-1200 having eight years' Service. Transfer : DANI Civil Service officer having
2.
Asstt. Secretary
Rs. 650-30-740-35-810-EB-35-880-40-1000-EB -40-1200
Selection
N.A
N.A.
N.A.
By promotion failing which by transfer on deputation.
8 years' service
including service in an equivalent grade. Promotion :
Superintendent, having 5 years service in the grade. Transter : Grade I officer of Delhi Administration subordinate service.
3.
Marketing Officer
Rs. 650-30-740-35-810-EB-880-40-1000-EB-40-1200
Selection
18-35
(i) Master degree in
Agriculture or Economics or Statistics, (ii) Diploma in Marketing N.A.
By promotion failing which by transfer on deputation failing which by direct recruitment.
4.
Publicity Officer
Rs. 650-30-740-35-810-EB-35-880-40-1000-EB-40-1200.
Selection
N.A.
N.A.
N.A.
By transfer on deputation
5.
Administrative Officer
Rs.650-30-740-3S-810-EB-35-880-40-1000-EB-40-1200
Selection
N.A.
N.A.
N.A.
By promotion failing which by transfer on deputation.
6.
Finance Officer
Rs. 1100-50-1600
Selection
N.A.
N.A.
N.A.
By transfer on deputation
Promotion :
Enforcement and
vigilance Inspector having seven years service in the grade. Transfer: Grade I or Grade II officers of Delhi Administration Subordinate service having qualifications prescribed for the direct recruitment. Transfer : Officers holding analogous post in a Government
department. Promotion :
Superintendent having five years service in the grade. Transfer : Grade I officer Delhi
Administration
Subordinate Services. Transfer : Officer of the rank of Assistant Accountant General of the office of the Comptroller and Auditor General of India.
7.
Accounts Officer
Rs.840-40-1000-EB-40-1200
Selection
18-35
(i) Chartered Accountant, (ii) Experience of five years in an accounts department in responsible capacity in Govt. Office or in a reputed firm.
N.A.
By transfer on deputation failing which by direct recruitment.
Transfer : Officers of Accounts cadre holding analogous posts in a Government department.
8.
Superintendent
Rs. 550-25-750 EB-40-900
Selection
N.A.
N.A.
N.A.
By promotion failing which by transfer on deputation.
9.
Enforcement and vigilance Inspectors
Rs. 425-15-500-EB-1 5-560-20-700
Selection
18-30
Graduate of a recognised University with Economics or Commerce. Desirable:
Experience in a reputed market.
No
By promotion failing which by transfer on deputation failing which by direct recruitment.
Promotion :
Assistant/Accountant / Statistical Assistant having five years' service Transfer : Grade I(M) Officer of Delhi Administration
Subordinate Services or Grade II(M) officer of Delhi Administration Subordinate Services having seven years service in the grade. Promotion : UDC. Transfer : Mandi
Supervisor of a market committee having five years' service in the grade.
10.
Assistant Accountant
Rs.425-15-500-EB-15-560-20-700
Selection
18-30
Graduate in Commerce of a recognised University.
No
By promotion failing which by transfer on deputation failing which by direct recruitment
Promotion : UDC/Stenographer having five years' service in the grade and possessing qualifications
11.
Statistical Assistant
Rs. 425-15-500-EB-15-560-20-700
Non-Selection
18-35
No
By promotionfailing which by transfer on deputation failing which by direct recruitment.
prescribed for direct recruitment. Transfer: Employees of a market committee holding analogous posts and possessing qualifications prescribed for direct recruitment. Promotion :
Statistical Investigator/Computer/Programme Assistant/Operator (Punch Card)/Key Punching Operator/Research Investigator in the scale of Rs. 330-10-380-EB-12-500-EB-15-560. Transfer : Officers holding analogous posts under Delhi administration.
12.
Upper Division Clerk
Rs. 330-10-380-EB-12-500-EB-15-560
Non-Selection
18-30
(i) Master's degree in
Statistics or Mathematics/ Economics / Commerce / Operational Research with statistics as one of the subjects of study of a recognised University or equivalent. OR (ii) Degree of a recognised University with Statistics as one of the subjects and two years' post-graduate Diploma in Statistics from a recognised Statistical Institute. Desirable : Experience of Statistical work involving collection and compilation of Statistical data, or Experience of Field enquiry, (i) Graduate of a recognised University
No
By promotion failing which by direct recruitment.
Promotion : Lower Division Clerk having three years' service in the grade
13.
Personal Assistant/ Stenographer
Rs. 330-10-380-EB-12-500-EB-15-560
Non-Selection
18-30
(i) Graduate of a recognised University, (ii) English Shorthand speed 100 w.p.m. & 40 w.p.m. in English typing, OR Hindi Shorthand speed 80 w.p.m. & 30 w.p.m. in Hindi typing.
No
By promotion failing which by direct recruitment.
Promotion : Lower Division Clerk possessing qualifications prescribed for direct recruitment.
14.
Statistical Investigator/ Computer/Program Assistant/Research Investigator
Rs. 330-10-380-EB-12-500-EB-15-560
Non-Selection
18-30
Degree of a recognised University in Statistics. OR Degree of a recognised
No
By promotion failing which by direct recruitment.
N.A.
15.
Lower Division Clerk
Rs. 260-6-290-EB-6-326-8-366-EB-8-390-10-400
Non-Selection
18-30
University in
Mathematics/Economics/Commerce with Statistics as a subject. Desirable : Experience of Statistical work involving collection and compilation of data OR Experience of field enquiry, (i) Higher Secondary or Matriculation of a recognised Board, (ii) English typing speed of 40 words per minute or Hindi typing speed of 30 words per minute.
N.A.
By promotion 25% failing which by
By promotion : Grade 'D' employees qualifications prescribed for direct recruitment.
16.
Gestetner Operator
Rs. 210-4-250-EB-5-270
Non-Selection
18-30
Middle pass from a recognized school having knowledge of operating the duplicating machine.
N.A.
direct
recruitment, (ii) By direct recruitment 75%. By promotion failing which by direct recruitment.
By promotion : Grade 'D' employees possessing qualifications prescribed for direct recruitment.
17.
Driver
Rs. 260-6-290-EB-6-326-8-350
Non-Selection
18-30
(i) Middle pass, (ii) Driving Licence; and (iii) Two years driving experience.
N.A.
By promotion failing which by direct recruitment.
Promotion : Grade 'D' employee possessing qualification prescribed for direct recruitment.
18.
Grade 'D' Employees except Sweeper Farash and Chowkidar.
Rs. 196-3-220-EB-3-232
N.A.
18-30
VIII th Class pass from a recognised school.
N.A.
By direct recruitment.
N.A.
19.
Sweepers/ Farash / Chowkidar.
Rs.196-3-220-EB-3-232.
N.A.
18-30
May be able to read and write Hindi
N.A.
By direct recruitment.
N.A.
Delhi State Acts


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