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State of Odisha - Section

Section 58 in The Orissa Grama Panchayats Act, 1964

58. Markets.

(1)The Grama Panchayat may demarcate and provide places for use as public markets and close or suspend any such market or part thereof.
(2)Subject to such rules as may be prescribed, the Grama Panchayat may levy any one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any, prescribed in that behalf and may place the collection of such fees under the management of such person as may appear to it proper or may lease out such fees on such terms and conditions as the Grama Panchayat may deem fit :
(a)fees for the use of, or for the right to expose goods for sale in such market;
(b)fees for the use of shops, stalls, pens or stands in such market;
(c)fees on vehicles (including motor vehicles as defined in the Motor Vehicles Act, 1939 (4 of 1939) or pack animals bringing, or on persons carrying any goods for sale in such market;
(d)fees on animals brought for sale into or sold in such market;
(e)licence fees on brokers, commission agents, weighmen and measurers practising their calling in such market.
(3)A schedule of rates or fees in respect of every market specified in Clauses (a), (c) and (d) of Sub-section (2) shall be prepared by the Grama Panchayat with the approval of the Panchayat Samiti in accordance with the rules made in that behalf, and the Grama Panchayat shall cause such schedule to be exhibited at a conspicuous place within the market.
(4)Where the market has been leased out, any contravention on the part of the lessee or of his agents of the provisions of the schedule specified in Sub-section (3) shall render the lease liable to forfeiture and the lessee or his agent, as the case may be, immediately responsible for such contravention shall be liable on conviction to be punished with a fine not exceeding rupees fifty.
(5)[ (a) On and after the date of commencement of the Orissa Grama Panchayats (Amendment) Act, 1994 (hereinafter referred to in this sub-section as the 'appointed date'), nothing in the Orissa Agricultural Produce Markets Act, 1956 shall apply -
(i)to or in relation to any market set up or established within the area of a Grama prior to the appointed date; or
(ii)for setting up or establishment of any market within the said area after the appointed date.
(b)where any land or building or both belonging to any Grama Panchayat has or have been transferred to a Market Committee under Section 4 of the Orissa Agricultural Produce Markets Act, 1956 prior to the appointed date, such land or building or both, as the case may be, shall, if the same continues to be within the area of a Grama, stand transferred to the Grama Panchayat having jurisdiction over the Grama on the appointed date.
(c)Any market set up or established under the Orissa Agricultural Produce Market Act, 1956 which is situated within the area of a Grama and continues as such on the appointed date shall be deemed to be a market allowed to be set up or established under this Act, but shall cease to continue as such after the expiration of a period of three months from the appointed date unless its continuance is allowed further in accordance with the provisions of this Act and the rules made thereunder.]