Balochistan Agricultural Produce Markets Act, 1991 (Balochistan Act No. I of 1991)

mo;RAORDINARY REGISTERED No.S.-2771 RECEIVED 2 6 JUN 2006 THE 8AL0CH/ST AN GAZETTE PUBLISHED BY. AUTHORITY NO. 105 QUETTA MONDAY NOVEMBER, 25, 1991. BALOCHISTAN PROVINCIAL ASSEMBLY SECRETARIAT. NOTIFICATION. Dated Quetta, the 25th November, 1991. NO.PAB/LEGIS : Ill (3)/91. The Balochistan Agricultural Produce Markets Bill, 1991 having been • passed by the Provincial Assembly of Balochistan, on 9th October, 1991 and assented to by the Governor of Balochistan, is hereby .. ·~ublished as an Act. of .th~ .Provindal Assembly. T.HE BALOCHISTAN AGRICULTURAL PRODUCE MARKETS ACT, 1991. (BALOCHISTAN ACT NO. I OF 1991.) ,(First· published after having received the assent of the Governor of Balochistan ,in the Balochistan Gazette ( Extra Ordinary) dated 25th November, 1991.) PREAMBLE. AN ACT to provide for the better regulation of purchase and sale of agricultural produce and the establishment of markets for agricultural produce in the Balochistan Province. WHEREAS it is expedient to provide for the better regulation of purchase and sale of agricultural produce and for that purpose to establish markets and make rules for their proper administration in the manner hereinafter appearing. Printed by the Manager, Balochistan, Quetta. Government Printing & Stationery Department, G.P .Q-283-100 Copies-12/91. • j Price Rs. 54/60 2 ',ti"' is 'hei-eby enacted as follows: ,HORT TITLE, EXTENT 1. (1) This (\ct may be called the Baloct:i:;t?n Act, . UHii AND cor,~ENCEMENT. Agricultural Produce Markets Off!N!Tl9~~- • ( 2) It extends to the Province ,of the Balochistan except Tribal Areas. ( 3) It shall come into force atonce and shall be deemed to have taken effect from 29th day of December, 1990 .. 2. In this Act, unless there is anything repugnant in the subject or con text, (a) "agricultural produce" means; (i) ba'r!'ey and its atta; sat tu, bhusa; ' (-ii) Bajra- (-grains) a nd··its -at-ta; (iii) cotton un-ginned (Phutti), cotton ginned (lint), collon waste; (iv) Chillies (green, dry and ground); (v) fodders viz. senji, lucern, shaftal, berseem, shalgham, guara, churi, bajra, maize, javi, barley, wheat, jowar (green and dry) and their seeds methi, metha, swank, oats, ajwain; (vi) fru Hs and vegetables (fresh and dry) and , ,;<'•fheir squashes, jams, pickles, coi;dials, . . . ,.,-..--~ marmalade:::;, chutnic·s, sauce, ]C ... :J.::,,✓,· --,. ro.n<Jies, juices; ·' (vii) • firewood and tanning -bark; (viii) gram (whole and split) and its cholJia, atta, kera, surri, bura, wanda; (ix) Jute (se.ed and fibre) oisal (seed, juice and fibre); ' 3 ( x) jowar ( grains) and its atta; (xi) livestock viz, (male or female, milch or draft) goat , sheep, buffellow, cow, camel, horse, and poultry including turkeys • (dressed or otherwise), fish and .livestock products viz, beef, mutton, hides and skins (dry and wet) bones, bone meals, feeds, wool, hair, eggs, cheese, butter, desi ghee, milk and .curd (dehi) marjari n·; ( xii) m~h 1 ndi (leaves and powder); (xiii) maize (grains), maize cobs (dry.'a'nd green) and its atta, starch, sugar ,f(glucos·ef gluten meals and wastes; . (xiv) oilseeds:viz, cotton seed, linseed, sarson, ray a, toria, taramira, , soya been, sunflower, til; groundnut, castor, palm and their oils, oil-ca!<es, hulls, meals· feeds, vegetables ghee; (xv) pulses (whole and split) viz moon g, mash, masoor, moth, raj mash, arhar, lobia, gram . and other beans; (xvi) rice (paddy) rice (cleaned), rice (broken) phak, parali, hulls, husks (rice silver), parboiled; (xvii) sugarcane and its prorlucts shakkar, sugar (desi and molasses, sugarcane juice); viz gur, refined), (xviii) tobacco leaves, or naswar and tobacco cured and its snuff k , I f I gura u; . . ( xix) h d • t 'd •• d 1· I W eat an its a ta, mai a, sup, a 1a,, starch, choker, bran, bhusa; and any other commodity that may hereafter be declared • by notification· to\ be agricultural produce for the purposes of this Act, • ( b) ( c) (d) (e) (f) ( g) (h) (i) (j) "dealer" means any person who within the notified market area sets up, establishes, uses or allows to be used any place for the pur-chase or sale of the agricultural produce; 11 Di rector General of Agriculture" means Di rector General of Agriculture, Balochista n; "Di rector of Agriculture (Economics and Marketing!' means the Director of Agriculture (Economic and Marketing), Balochistari; 11 Director Extension" means the Director Agriculture Extension in any region of Balochsitan 1 or Balochista n Province; 1 "Deputy Director of Agriculture (Economics and Marketing)" means the Deputy Director of Agriculture (Economics and Marketing) concerned; '!,.Depu.ty,-,,,,,,Commissione r" means- the Dei'ftftY Commissioner of the district within the boundaries of which the -notified market area concerned is situated; • ·- • -h,c+ IIExtra Assistant Director 'of Ai:(riculture (Economics and Marketing)" means the Extra Assistant Director of Agriculture (Economics and Marketing) concerned; "Grower" means a person who by himself or through tenants or- otherwise grows, rears produces,· manufactures or' processes agricultural produce but shall not include a person, other th.an a member of a society registered undP;"'Jl!.~.: Cooperative Society • ,\ct, , 1925, who works as a dealer or broker either individually or as a partner of a firm of dealers or brokers or is otherwise engaged in the business of disposal storage or processing of agricultural produce; "Gover'nme•n't"· means the Government of Balochsitan Province; ( k) "Market" means a building, block of buildings enclosure or other area which may be so notified in accordance with rules framed under this Act; NOTIFICATION OF INTENT ION OF EXERCISING CONTROL OVER PURCHASE AND SALE OF AGRICULTURAL PRODUCE IN SALE OF SPECIFIED AREA. DECLARATION OF NOTIFIED AREA. (I) (m) ' (n) (0) ( p) (q) ( r) 5 "Market Committee" .means a market committee established under section 7 of this Act; ''notified market area" means any area notified " urider section 4 of this Act; "p rescribe'd 11 means prescribed by ·rules. or bye­ laws made under this Act; "Secretary Mark et Committee" means the Secretary of the Market Committee concerned; "trade allowance" means such atlo.wance .as ma'y be prescribed under the rules or may be specified in the bye-laws of market committee; "ware-houseman" includes a person who stores any agricultural produce not belonging to himself and charges rent therefore in .any form,. from the persons at whose instance the said produce is so stored; • , ,'.'.cold store"· means a controlled atmosphere store used for the storing the agricultural products .. 3. Government may by notification, declare its intention of exercising control over the purchase and sale of. such agricultural produce and in such area as may be specified in the notification, such notification shall state that all objections or suggestions, which may be received by the -O:-e:puty, Commissioner. through Extra Assistant Director of Agriculture,· (Economics and Marketing) within a period to be specified in the notification will be considered: • Provided that such period shall not be less than 30 days from the date of issue of the notification. 4. (1) After the expiry of the period specified in the notification under section 3 and after considering such objections ·and suggestions as may be received before the expir'y of the specified period, the Government may, by notification and in any other manner that may be pres cribed, declare the area notified under section 3 or any portion thereof to be a notified market area for the purposes of this 8,.ct •• and the agricultural prod1 1.ce over which control is To--6eexerc1seolii~' that area. MARKET COMMITTEE. TO ISSUE AND RENEI, LICENCES. APPLICATION FOR LICENCE FEE TO BE PAID AND CANCE LAT I ON OR SUSPENSION OF LICENCES. 6 " (2) Government may at any time by notification declare its intention to exclude any -area which is already declared as a np.tified market area and also to include or reinclude any area and in so doing the procedure laid down in section 3 :rnd sub-section (1) or this section shalt be followed. (3) • After the date of issue of such notification and on the establishment of market committee under section 7, no local authority, notwi\h,s,tanding anything contained in any other law entitling such local authority to establish a market, and no person for himself or on behalf of another person unless exempted by rules framed under" this Act , shall, within the notified market area, set up, establish or use any place for the purchase or sale of the .agricultural produC;e or· .. purchase, sett, store or process such agricultural p1·c?~­ except under and in accordance with the terms and conditions of a licence granted under the provisions of this Act: '•.':)':•·l.:. l'ro v.iclc ,· that a licence shall no.t. be ... required by-.a grower who either himself or thl'Ough a bonafide agent sells his own agricultural produce or. the produce of his tenant or by a person who purchases any agricultural produce for hi,; private or domestic use: Provided further that in the case of a market committee established for the first time under this A ct no person shall be deemed to have violated this provison if he has made an application to the market committee for grant or licence. ( 4) No person . shall within the purchase, sell or in any other m'1nner deal in which is not declare as agricultural produce. market store, any commodity 5. Subject to such rules as the Government may rn:r/'='-::~ this behalf the market. committee concerned shall be the autnority to issue licence to a dealer under this Act and to review such a licence. 6. (1) Any person who wishes lo work as " dealer· in u notified market area muy apply on the p!'escri bed form to the market committee concerned of a licence or for the renewal of the licence which shall be g1·anted for such period in such form on such conditions and on payment of such fee not exceeding Rs.1,000/- per annum as may be prescribed: Provided that no fee shall be charged from a dealer who is cooperative society re:gistered under the Cooperative Societies Act 1{ 1912 (l l of 1912). 7 ( 2) Licence under this Act shall· not be granted to a person who : (a) is a minor; or ~ I .. (b) -is found to be of unsound mind by a court of compeiant jurisdiction; or (c) is a dc"clarcd insolvent; or (d) has been found quality of criminal misap­ propriation or -cr.-iminal breuch :if trust or cheating • or any other offence involving moral turpitude or an nbctmcnt of or 'attempt to commit any such offence by ·a court of competent jurisdictio n: Provided that th is disqualification will not opernt.c if o period of three years has elapsed since th.'.lt completion of the sentence imposed on any perscn in respect of any such offence. ( :l) If n ny person carrying on business of. a dealer in a notified market area on the date of issue of notification under section 4 fails to apply for a licence within thirty days, from the dale of issue of such notification, the market committee may refuse to grant him a licence unless he deposits late fee as specified below iri cash with the market committee: i) ii) iii) Upto 3 months Upto 6 months Exceeding 6 months Rs.1,OOO/­ Rs.2,OOO/­ Rs.3,000/ (4) The market committee may, on being satisfied that there has been a breach of any of the conditions of a licence by an order in writing, cancel or s1Jspend such licence and may also direct thnt such licence shall not be renewed for such periocl not exceeding four months for a first breach and not exceeding nine rT)Onth,s of a second or subsequent breach as m::iy be specified in that order: • ' ' \ ~ >" Provided that no such- or'dE\r shall be passed without g1vrng the licence an opportunity to show cause within 15 days from the date of issue of the show cause notice. ( 5) Any person aggrieved by an order passed unC:er sub-section ( 4) may at any time within one m9nth of the passing of the order appeal to the Extra Assistant Director of Agriculture (Economics and Marketing) or E.A.D.A. of the ESTABLISHMENT OF MARKET COMMITTEES. CONST !TUT! ON OF THE MARKET ~~MI TTEES. 8 district against such order. The order of the· Extra Assistant Di rector of Agriculture (Economics and Marketing) if confirmed by the ·Deputy Director Agriculture (Economics and Marketing) shall be final. ·•r·' ' • • 7.· The Government shall by notificaiton establish· a market committee for every notified market area. 8. ( 1) A market committee shall consist of ten or seventeen members as •Government may in each case determine. ( 2). Of Government from Department. these members one may be appointed by amongst the employees of the Agriculture ( 3) The remaining members shall be appoi6~~~ Gov.~.'.'.~!I1.e~t 9ut of a panel of names recommended by the D•ipu;t;,-J C,,om~1~.lmW:~,i ;t equal (o . .twice the number of vacunc1es to be filled in the. manner' provided hereunder, that ·is to say : (a) if the .,.commit,tee is to consist of ten members, there shall be appointed; (i) fiv~ members from growers of the notified 'market area co ncerned; and (ii) two members from persons licenced under section 6 and one member from persons licenced under section 9 and working as a weighman, broker. or palledar in the notified market area concerned; and (iii) one member from amongst the consumers resident in the notified- market. area concerned who is not a dealer or a.--.,!:.,~::::::::::= <'.'I . ( b) If the committee is to consist of seventeen members, they shall be appointe d : (i) ( ii) nine members from growers of the notified market area coneerne d; five members from persons licenced under section 6 and one member from persons working·as a weighman, broker or palledar from the notified market area concerned , wJIR is .not-a dealer ·or a grower; ''and OUT! ES OF THE MARKET COMMITTEE. 9 (iii) one member from amongst the consumers resident in the notified market area concerned who is not a dealer or a grower. ( 4} If any question arises as to whether is or is not a grower "for' the purposes of this , decision of the D'eputy Commissio ner shall be finaL any person Act the ' ' ( 5) Not more than one person related fo each other as father, son, brother, uncle, brother-in-law, son-in-law and their ascendants and descendants shall be appointed as a member of the same market committee. ( 6) No person shall be appointed as a member of. market committee for two consecutive terms. I ( 7) No act done b'y a· market committee shall be called in quesuon on the ground merely of the existent of any vacancy, , ,..~ any defect in the constitution of the market committee. 9. (1) The market committee shall enforce the provisions of this Act and the rules and bye-laws made thereunder in the 'notified market area and when iso required by the Government shall establish a market therein providing such. facilities for persons visiting it in connection with the purchase, sale, storage, weigh men, passing and processing of agricultural produce as the Government may from time to time direct. ( 2) Subject to such rules as Government may make in this .bclrnlf. the market committee shall issue licence to brokers, wcighmen, measrues, surveyors, warehousemen, charge-rs, palled a rs, bonitos, Ro las, tokriwalas and rehriwalas for carrying on their occupatio,n I ir:i the market area in respect of agricultural produce. and 't'o"renew, suspend or cancel such licences. (3} No broker, weighman, measurer, surveyor, warehouseman, changer, pal!edar, boriota, tola, tokriwala and rehriwala shall unless duly authorized. by licence carry on ·his I occupation in a notified market area' in respect of agricultural produce. PER!OO Of OFFICE 10. S'ubject to tne pro~isions of Section 13, every member DF MEMBER. shall hole office for a period of three years from the date of his appointment and if on the expiry of this per::id no person is appointed to succeed him, such member shall unless the Government otherwise directs, continue to hold office until hi" successor is appointed. REMOVAL OF MEMBER. ELECT ION OF CHAIRMAN AND 'VI CE CHAIRMAN FI LUNG DF VACANCIES. INCORPORATION DF COMMITTEE. 11. The' Government may at any time, by notification,.remov .. e any member if such member has, in their opinion, been >guifty of miscond11ct or neglect of duty or has been wrongly or improperly appointed or has lost the qualification on the strength of which he was appointed or whose continuance as a member in the opinion of Government is not desirable. 12. Every market. comm ee shall elect from amongst • its members a chairman and vice-chairman: Provided that a member who is not a grower shall not be eligible .for election as chairman 13. If any vacancy of a member of a mat'ket committee occ.u.r:;;; due to his• death, resignatjsin, transfer or retiremen't=or=-1s-· caused by the, removal of any member in accordance with the provision of section 11, Government may appoint any person as a member ,to fill such vacany in accordance with the provisions-of Section. 8 ; Provided that term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period all<:>.wed under section 10 unless there be delay in appointing' a' new member to succeed the member first mentioned above, in which case it shall expire on the date on which his successor is appointed •by the Government. 14. Every market committee shall be a body corporate by such name as the Government may specify in the notification establishing it, shall hav<' perpetual succession and a common seal, may sue and be. sued in its corporate name, and shall subject to the provisions of section 26, be competent to acquire and hold property, both movable and immovable, to ~ ... -<:;:::::::,,.'~·: or otherwise transfe1· any movable or immovable property which ·may have become vested in or been acquired by it, and to contract an'd to do all other things necessary for the purpose for which it is established: Provided that no market committee shall permanently, transfer any immovable property except in . pursuance of 1a resolution ·passed at a meeting specially convened for the purpose by a majority of not less then three fourth of the members of the market committee. SUB COMMITTEE. 15. (1) The market committee may appoint two or more . AND DELEGATION of its members to be a sub-committee for the conduct of any OF POWERS. work. or to report on any matter. I\PPOINTMENT AND· SALARIES Of Off! CERS AND SERVANT OF MARKET COMMITTEE. 11 ' ' (2) The market committee may delegate to or withdraw from any one or more of its members or sub-committee such of its power~ or duties and in such manner as may be prescribed. JG. (1) Subject to such rules as may be made by the Government ,·in this behalf, a market committee Jllay employ such persons ·as may be necessary for lhe n,p1rngcmcnt of the market inclucing seasonal and part-time staff, may pay such persons such salaries and wages as it may think fit and shall have power 10 control, remove and punish them. The market commit tee may also in such manner as may be prescribed, grnnt to ils employees such leave, allowances; 'pension, gratuities or compa ssionate allowance as it deems proper; and may contribute to any provident fund which may be established for the benefit of such employees. ( 2) employees conditions The Government may constitute a market committee cud.re for such e mployces • and on such terms and ·or servi cc as may be prescribed. ( 3) Subject to such rules as may he made by the Government, every employee of a market committee shall be liable to be transferred for service in any market committee of the province. • I " (4) The committee shall, in the case of any Government servant, ,w.h'om' ii" employs pay to Government such con·tribution towards pension and leave allowances of such servant us may be payable under rules applicable to that Government servant. EMPLOYEES ANO 17. Every person employed by 11 market commit tee an d every i MEMBERS TO BE member thereof shall be deemed to be a public servant within ~~~VANTS the meaning of section 21 of the Pakistan Penal Code. ·' l WlTHIN THE MEANING Of THE PAKISTAN PENAL CODE. EX CUT JON OF CONTRACTS. 18. ( 1) Every contract entered into by a market co·mmittee shall be in writing and shall be signed ori behalf of the market committee by the chairman and two ·members, or, if for ,an·y renson the chairmnn is unable to act, by the vice-chairman and two members, . .of ihe market committee and shall be sealed with I he common seal of the market commit tee. ( 2) No contract other than a contract exeetuled in I he manner provided in sub-section (i) s hall be binding on a market committee. LEVY OF FEES. ·MARKET COMMlTTf~ FUND. 12 19. A market commit tee may, subject to such rules as may be made by Government in this behalf levy fees, not exceeding th.e maximum rates prescribed, .on the agricultural produce bought or sold by or through a dealer in the notified market area: (a) ( b) ( C) Provided that, no fee shall be leviable in respect of any transaction in which delivery or' the agricullural produce bought or sold is not actually made. 11 ·! I no fee shall be liable on a person· who is not a, party to a transaction. . no fee shall be leviable in respect of any subsequent transaction of sale or purchase within the same notified area of an agricultural produce extracted after being s-u bjecCto- nra·nufacturing·'or-processing .. -------- ~ 20. (1) All moneys received by a mar·ket committee shall be deposited into a fund to be called the Market Committee Fund. All expenditure incurred by a market committee under or for the purpose of this A.ct shall be defrayed out of the said fund and any surplus remaining after meeting such ·expenditure shall be invested in such manner as may be prescribed. ( b) (2) (a) Every market committlee shall, out .of its fund, pay to the Government· in consultation with the market committee for giving effect to provisions ·or this Act in the notified mark.et area. I The Government shall determine the cost of sucf..":c~·~ck'.:: additional staff ·and shall where the staff is employed for the purposes of more market committees than one, apportion such cost among the committees concerned in such manner as .they think. The decision of the Government determining the amount payable by any market committee shaH be final. (3) Every market committtee shall out of its fund pay to the Govern1 11ent such percentage of its income as may be prescribed, to be credited to a fund maintained and operated upon by the Government for purposes c9mmon to or (n the overall interests of the market· commillees. • I 13 PURPOSES FOR WHICH 21. Subject to the prov1s1ons of section 20 the market THE FUND MAY BE • icommittees fund shall be expended· for the following purposes EXP,ENOEO. on 1 y: {i) I acquisition of land for the establishment of market or markets; (ii) maintenance and improvement of th e markets including construction of storages, platforms small pullies, culverts and road; (iii) ,, (iv) (v) construction and repair of buildings which a re necessary for th c purposes of establishing such markets and for. the health, convenience and safety of the persons using them; collection. and dissemination of information rega 1 rdi~g· all matters relating to marketing in respect of the agricultural produce and propaganda in favour of agricultural improvement and. th rift; providing comforts and facilities, such as light, sanitation, shelter, shade, parking, i accommodation and water for the persons, drought cattle, vehicles and pack animals 'coming to. the market and similar other purposes; (vi) provision of facilities such as,i::leaning sets, plants or grading, standardiza.tiori"·, • packing and processing of agricultural produce; ' ' (vii) construction of cold storages, warehouses. and godowns for the benefit of growers; (viii) establishment of feeder markets; (ix) provision and maintenance of standard weights and measures; ( x) pay, leave, compassionate and medical allowances, gratuities, pensions, honoraria and contributions towards leave allowances or provident fund of the persons employed by market committee; I 14 ( xi) payment of interest on loans that may be rmsed for the purposes of the market and the provision of sinking fund in respect of such loans; (xii) expenses incurred in auditing the account of market committee; (xiii) Payment of travelling allowances to the members and employees of market committees and members of the Board of Arbitrators as prescribed; (xiv) payment of allowances and h onoraria to the administrator of the superseded ma!:)<~, commit tee; (xv) contribution ·towards the market committees fund subject to rules framed thereunder; (xvi) payment of property tax and house tax; ( xvii) payment of other taxes as covered by appropriate 'Acts; (xviii) engagement of a lawyer; ( xix) s ubjcct to previous sanction of the Government: (a) ( b) ' (xx) purchase of load carrying vehicles for bringing agricultural produce of farmers to the markets; .......... ~ .. ' agriculture implements and machine(\! to: be distributed amongst growers of the market area; holding of agriculture exhibitions and shows publicity • and propaganda for improved production; ' melas, fairs, for agriculture amongst farmers· (xxi) advance of loans on interest to other market committees in the district for carrying out development projects, with the previous sanction of the Government; LEVY Of ~.;.~"'.::i----1 ON.LOSS. 15 (xxii) traimng of members and staff of market committees and members of the Board of Ar bit rat ors; ( xxiii) purchase/sale of essential agricultu rat com modi ties; ' , , '. ' ! • (xxiv) any other purpose that may be declared by notification by the Government for imp!'ovement of agriculture and ag!'iculture marketing which is calculated to promote the general interest of the farmer. zzJ ( 1) Every person shall be liable for the loss waste or m1sappl1cat10n of any money or property belonging to a market committee, if such loss, waste or misapplications proved to the satisfaction of the Deputy.c.C.ommissionen, or any other officer specially empowered in this behalf by the Government to be the direct consequence of such person neglect or mis­ conduct in the performance of his duties while being a member of the marl,et committee. ' ' (2) The person against whom an . order under sub-section (1) is made by within one month of the issue of . such order, appeal to the Government which shall have the power of confirming modifying or setting aside the order. TRAD£ ALLOWANCE. 23. No trade allowance, other th'.3n an alloY{ance prescribed by rules or bye-laws made under this Act - shall be made or received in a nofified· market area by ·-a:n·y person in ony transaction in "respect of ugricultural produce and no civil court shall, in any suit or proceeding arising out of any such transaction, recognize any trade allowan,ce. not so prescribed. BITR BOARD, 24. (1) The Government may'. by 'notification direct that all or any of the disputes, other than· a dispute to w,hich all ~ parties or dealers, arising in a notified market area, and relalin-g--to-silch matters connected with agricultural produce as may be prescribed shall be referred to a Board of Arbitrators constituted under this Act in such manner, for such period and subject to such provisions as may be prescribed. ( 2) The Board shall receive and record evidence, and shall have power to administer oaths to parties and witness, and, on requisition in writing signed by the chairman of the Board, the Magistrate authorized by the Dis.lr..ic.U1agistrate in this behalf shall issue· necessary" processes for the attendance • .. BAR OF SU IT IN ABSENCE OF NOT! CE. 16 of witness and the production of documents and material objects required by the Board, and may enforce the said processes as if they were processes for attendance and for production before himself. (3) No member of the Board, who has a direct interest' in the matter under reference, shall take part in the consideration or discussion of or vote on any question with respect to the said matter. ( 4) The decision of the Board of A rbit rat ors shall be in accordance with majority of votes. ( 5) If a proposed de!!ision, shall prevail. majority of· votes is not in favour of any the opinion of the chairman of the ,,Board ,..:.-.-~·-- ---:-:::, (6) The decision of a Board of Arbitrators shall: (a) be enforced by jurisdiction as if court; and a civil court having it were a decree of that ( b) be final and shall not be questioned i,, any court. I 25. (1) No suit shall be instituted against any market committee or any member or employee thereof or any person acting under the direction of any such market committee, member, or employee fo,r anything done or purporting to be done under this Act , until the expiration of two months next after a notice in wrlting, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims has been in the base of ~i'.-::~s committee, delivered or left at its office, and in ttre case of any such member, employee or person as· aforesaid, delivered to him or left at his office or usual plaec of abode, 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 the accrual of the -cause of action. POWER TO BORROw.·26. (1) A market committee may, with the sanction of the Government raise money required for carrying out the ~fjvit~ ~~~ '.'.tNNUAL PROCEEDINGS. 17 purposes for which it is established in the security of any property vested in and belonging to the market committee anc of any fees leviable by the market committee under this A ct. (2) A market committee may, for the purpose of meeting the initial expenditure on lands, buildings and equipment required for establishing a market, and for the proper discharge, of the duties and functions imposed on it by or under this A c-t , obtain a loan from the Government or from any otner· -m·arket committee on such conditions and subject to such rules as may be prescribed. 27. ( 1) Government may by order in writing call for the record and annual any proceeding of a market committee or its su b-committecs which it considers not to be in conformity with law or rules or bye-laws and may do all things necessary to secure such conformity, or may suspend any resolution which it considers likely to lead to breach of peace, or to cause injury or annoyance to public or to any class or body of persons, or is likely to effect adversely the interest ,of the market committee or of growers or dealers transaciton business in agricultural produce or of any class of function arise working in the notified market areas. ( 2) An officer authorised by Government may by order in writing, suspend within the limits of the notified' market area, the execution of any resolution or order of a market committee or its sub-committees or prohibit the doing within these limits, of any act which is being done or is about to be done in pursuance of or under cover of this Act or any rule or bye-lR\V ·:1~'.' thereunder, if in his opinion the resolution, order or 'let is in excess of the powers confe'rred by law or is· li,-;cly to· lead to breach of peace or to cause injury or annoyance to public or to any class or body or persons', 1 or is likely to affect adversely the interest of the market committee or of growers or dealers transacting business in agricultural produce or of any class of functionaries working in the notified market area concerned. (3) The officer making an o!'der under this· section, shall forthwith forward a copy thereof, with a statement of. his reasons for marking it and the explanation, if any, of the market committee concerned, to the Government who may thereupon rescind the order or direct that it shall continue in force \,•ith er without mctlifica!ion, permanently or for such :)eriod as it thinks fit. SUPERSESSION OF MARKET COMMITTEE. 18 28. {1) If, in the opinion of the Government a market committee is incompetent to perform or presistently make default in performing the duties imposed on it by or under lhi:, Act is in excess of the powers, .the Governni~ :nt ,, .J·, by notification ~up1sr:.ede §UCh commitlgg; I ' Provided that before issuing a notificaiton under this sub-section the Government shall give a reasonable opportunity to the market committee for showing cause against the proposed supersession and shall consider the explanations and objections, if any, of the market committee. (2) Upon the publication of a notification under sub-section (1) the following consequences shall ensure: (a) All the members including chairman and vice chairman of the market committee shall, as from the date of such publication, be deemed to have ceased to be m'ilmbers of the market committee; ( b) All. asset's' ·~f. the market commit tee shall vest in Government and the Government shall be liable for all the legal Iia'bilities of the market committee subsisting at the date of its supersession upto the limit of the said assets. (3) The Government may at its discretion, by order, constitute either a new market committee as provided under the section 7 or such other authority for carrying out t'ie functions of the market commit iee as the Government may deem fit. l,;~t'---..--:;:::: (4) (a) When the Government have made ar. oruer under sub-section ( 3) the assests and liabilities defined in sub-section (2) ( b) vesting in the Government at the date of such order shall be deemed to have been transferred on the dale of such order to the new market committee or authority constituted as aforesaid. ( b) (i) Where the Government by order under sub-section (3) have appointed an authority other than a new market committee for the carrying out of the functions of the superseded market committee, the Government may by notification determine the period not exceeding 90 days for which such authority shall act: ACQUISITION OF LANO. ENCROACHMENT. 19 Provided that the term of office of such authority may • be terminated earlier if the Government for any reason ccnsiders it necessary. (ii) At the expiry of the term of office of such authority, a new market committee shall be constituted. ( iii) Up on such an order being made the assets and liabilities vesting in the authority thereby superseded, shall be deemed to have been transferred by such order to the new market committee. ( 5 J When ever the assets of a market committee vest in the Government and no new market committee or authority is appointed in its place, the Government shall employ the balance of the assets remaining after the discharge of the subsisting legal liabilities at the said market committee for any object of public ,uti.)ity in the area specified in the notification issued under sub-section (1) of section 4. 29. Where any carrying out any shall obtain the :ipproaching the acquisition of land land is•,requ'ired by a market com~itlec for of its functions under this 1 (:t , it prior approval of the CO'J<'' hdore collector of the district co,:. •• :·:iou !'or under the Land Acquisition Act 1894. :rn. (1.) If any person makes an encroachment, movable or immovable on, over or under a road drain, there or open space belonging to a market committee without its written permission, the market committee, in addition to instituting criminal proceedings against him may, by notice required the person responsible for any such encroachment to remove the same in a period of seven days, and if the encroachment is not removed within such ;:,eriod, the market committee may ca.use the encroachment to be removed through its own agency, and the cost incurred , thereon by the market committee shall be rcoverable as arrears of land revenue. ( 2) Notwithstanding anything contained in any other. law, no compensation shall be payable for any encroachment removed or caused to be removed under this section. TRAINING I~STITUTION. RECOVERY OF DUES. EMERGENCY POWERS. PENALTIES. 'I / 20 31. (1) The Government may set up a training institute for the training of members and the staff of market committees, dealers, processors and other market functionaries nnd fop the promotion of re:.ear<;:h in agricultural marketing .and alliecl subjects and may by rules provide: (a) ( b) ( c) (d) for the administration of training institute; I for the compulsory training of members and staff; for the courses to be studied; and for the holding of examinations and the award of diplomas and certificates to successful trainees . . , ~ .. ( 2) Every market committee shall pay towards ,h·e cost and maintenance of the institution set up under sub-section ( 1) such amount as the Government may from time to time determine. • 32. (1) All sums due from a market committee to the Government may be recovered in the same mann.er as arrears· of land revenue. ( 2) Any amount due to a market committee shall be recoverable as arrears of land revenue. 33. If at any time Government .is satisfied that a situation has arisen in which the purpose of this Act .cannot be carried out in accordance with the pr·o,iisions thereof Government may by notification: - , (a) ( b) declare' t'tia'i' t'h~ functions of the market co,c ...;..; 0 e' shall, to such extent as may be specified 'in toe notification, be exercised by Government 01· such person or persons as it may direct; . assume to itself all or any of the powers vested • in or exercisable by any market committee; and such notification may contain such incidental and consequential provisions as may appear to Government to be necessary or desirable for giving effect to the objects of the notifica lion. 34. (1) Whoever contravenes the provisions shall on conviction be punishable with fine which to one thousand rupees and; in case of a of section 4 may extend continuing POWERS TO MAKE RULES. 21 contravention, with a fine which, in addition to such fine as aforesaid may extend to one hundred rupees for every day, after the date of first conviction, during which the contravention is continued,, ( 2) Whoever contravenes the provisions of sub-section (3) of section 9, ,shall, 'on conviction, be punishable with fine which may extend to one hundred rupees and in the case of continuing contravention with .find which in addition to such fine as aforesaid, may extend to ten rupees for every day, after the date of first conviction, during which the contravention I is continued. { ( 3) Whoever contravenes the prov1s10ns of , section 19 and 23 shall, on conviction, be punishable with fine which may extend to one thousand rupees. 35. {1) The Government may, either generally or specially for any market area or areas, make rules consistant with the Act for carrying out all or any of the purposes thereof. (2) ,l,n generality of the particular and • without prejudice to the foregoing power such rules may provide for: \ (i) appointment and removal of members of market committee; (ii) Power to be exercised and the duties to be performed by the market committee; (iii) election of the chairman and vice-chairman of market committee and their powers and term of office; (iv) filling of casual vacancies in the office of members or in the office of chairman or vice-chairman of market committees; (v) / (vi) time, place and manner in which a contract between buyer and seller is to be entered into and money is to be paid to the seller; management of the market, maximum fee which may be levied by market committees in respect of agricultural produce bought or sold by licences in the notified market areas, and the recovery and disposal of such fee; (vii) (viii) ( ix) • 22 issuance, by· market ·committees of licences to brokers, weighmen, measures, surveyors, w harehousemen, changers, palled a rs, bonitos, talas, • tokriwalas, and rehriwalas the form in which such licences shall be jssued or renewed ,..,. \ the fee, ii' any, to be charged thereof; the place or places at which agricultural produce shall be weighed, . the kind and description of the scales;'·weights and measures which alone may be used intransaction in agricultural produce notified market area; , inspection, verification, regulation, correction and confiscation of scales, weights and measures in use in a notified market area; ( x) trade allowances which may be made or received by any person in any transaction in agricultural produce in a notified market area; (xi) (a) constitution, powers and functions of board of arbitrators. (b) procedure Arbitrators in the to be followed by Board of disposal of refer,ence under this Act ( c) transfer of matters and cases from one Board of Arbitrators to another and the transfer of money in such cases. (d) representation in proceedings before Board of Arbitrators of parties who are minors ~ ,··"~ unsound mind or' arc unable to make:---;;,­ appearance. (e) regulation of the scale of costs be allowed in proceedings before a Arbitrators. which may Board of (f) prescribing and determining of the fee payable, in respect of any before a Board of Arbitrators. the amount proceedings 23 ... ( g) maintenance, by Board of Arbitrators 1of, registers ,,nd records of proceedings before such Board and for the inspection· of such registers and records. (xii) prohibition of brokers from acHng in the same transaction on behalf of both the buyer and the seller of agricultural produce; (xiii) provision of accommodation for storing any agricultural produce brought into the market; (xiv) preparation of plans and estimates for works proposed to be contructed partly or wholly at the expense of msrkct committees, and the grant of sanction to such plans and estimates; (xv) from in which the accounts of market committee shall be kept, audit and publication of such accounts, and the charge, if any, to be made for such audit; ( xvi) (xvii) management and regulation of provident fund which may be established by a market committee for the benefit its employees; preparation and submission for sanction of annual budget and reports and returns to be furnished by a market commit tee; ( xviii) investment and disposal of surplus funds of a market committee; ( xix) prescribing any matters in shall be payable under this 'the' amount of such fee and and recovery thereof; . . ~- . . , I l respect of which fee Act , and fixing the made of payment ( xx) exemp.tion of persons or classes of persons from the obligation of obtaining licences under section 6; (xxi) imposing persons licenced under section 6, the duty of making return to market committee at regular intervals of tr3nsactions of sale and purchase affected by them or at their place. of business, and of producing accounts for inspection and furnishing information when qalled BYE-LAWS. 24 upon by an authority duly empowerd and presc-ri'bin'g' the form and mode of verification of, and the particulars to be entered in such returns as well as the· nature of such information; and (xxii) (a) conditions of service of the employees of market committees and their grades of pay. (b) schedule of the staff that may be employed by market committee. (c) principles to be followed in making appointments to various posts under market committees and their appointing authoritil~.:::---. .. ~ .... (d) method for the holding of enquiries in disciplinary cases against servants of market, committees, penalties to be imposed and appea1J against orders imposing penalties. ' (e) matters relating to transfer, retirement, training, pension, gratuities, medical aid, travelling and other allowances, leave, conduct of servants, terms and conditions. ' ' 36. (1) Subject to any rules made by the Government under Section 35, a market committee may, in respect of the notified market area under its mana·gement, make bye-laws for: (i) regulation of business; (ii) conditions of trading; (iii) delegation of powers duties and functions of sub-committees if any, provided by section 15; (iv) remunerations of different functionaries not specifically mentioned in this Act working in the notified market area and rendedng any service in connection with the sale or purchase of agricultural produc·e; (v) appointment and punishment of its employees; and .,, , I', TRAIL OF OFFENCES. VALIDATION OF CONTINUANCE O, FUNCTIONS OF CERTAIN AUTHOR IT I ES ANO OFFICER. 25 (vi) such other matters as are in the opinion of the Government necessary or expedient to be provided for; and may provide the contravention thereof shall be punishable on convktion with a fine which may extend to rupees five hundred. (2) The power to make bye-laws uncler this (1ct. . is subject to tile condition of the bye-laws beir· made after previous publication, in such manner ns mny br p1·t~scribcd. (3) The bye-bws shall t-2 subr.iilted to the Government for confirmation and shall not be valid unless and until approved by ·the 'Government. ( 4) Th c Government may modify the bye-lnws or return the same to the market committee for being re-framed. (5) The bye-laws as approved by the Government: shall be· published in the official Gazette and shall tnkc effect' from the date of such publication. (6) The Government may cancel the byc-lnws of a market committee ancl thereupon the bye-laws slrnll cc;;sc to have effect. 37. (1) No offence made punishable by this , Act or any rule or by,e,laws • made thereunder shal I be tried by a court inferior·to'that of Magistrate of the First Class. ,, ( 2) Prosccu tions u ndcr t!li s instituted by a person duly authorized marl<et committee in this behalf. i\ ct may be by a rcsoultion of the (3) All fines recovered from an offender shnll be credited to the market committee fund. ( 1) A m arkct committee may, be a resolution compound any offence and may exerci,;c this power at any time before directing prosecution, or where ::i prosecution has been instituted, before the case is f1na!Jy disposed off by the trying Magistr~tcs. 38. Notwililslancling nnything contained in this /\ct all authorities and uli officers who immcdiatelv before the cnforccmcnl of this /,ct were exercising" functions. of market committees under ttie repealed enactments or ilny other· law sholl continue to exercise their respective under this Act till tile murkct committees arc constitutccl: REPEAL. 26 Prov.ided that the Government may withdraw all or any of the functions from such authorities or officers as it may deem. necessary. 39. (1) The Agricultural Produce Market Act, 1939 (IV of 1939), and section 86. to 94 of the Balochistan. LC/cal Government Ordinance,. 1980 (II of 1980), and the Balochistan Agricultural Produce Markets Ordinance, 1991 (1 of 1991), are hereby repealed. (2) Notwithstanding the repeal of the aforesaid laws, every thing done, action taken, obligation, liability, penalty or punishment, incurre·d, licence granted, inquiry or proceeding made, committees appointed or person appointed or authorized, jurisdiction or power conferred, rule or bye-Jaws made and .order or notification issued under any of the provision ~j,!1};'..:: Act to constitute al)d so far as may be, deemed to have· been respectively done, taken, incurred, commenced appointed, authorized, conferred made or issued under this Act. ., MUHAMMAD HASAN SHAH Secretary, Provincial Assembly Balochlstan.