Section 59 in The Gujarat Agricultural Produce Markets Act, 1963
59. Rules.
(1)The State Government may, by notification in the Official Gazette, make rules, either generally or specially for any market area or market areas for the purposes of carrying out the provisions of this Act.(2)In particular and without prejudice to the generality of the foregoing provision, such rules may provide for or regulate-(i)the preparation and revision of list of voters for the purpose of any election under Section 11, determination of disputes arising in such election and payment of expenditure in connection with or incidental to such election;(ii)the periodical inspection of all weights and measures and the weighing and measuring instruments in use in a market area;(iii)the manner of control and supervision to be exercised by the market committee over Inspectors appointed under Section 15 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958);(iv)the provision of facilities for the settlement of any dispute between a buyer and seller of agricultural produce or their agents including disputes regarding the quality or weight of the article, the allowances for wrappings, containers, dirt or impurities or deductions for any cause;[(iv-aa) [Clauses inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](i)the manner of furnishing information regarding payment of market fee and manner of providing proof thereof and within a period to be prescribed under sub-section (2) of section 28;(ii)the manner of maintaining account and furnishing of periodical returns under sub-section (2) of section 28;(iii)the manner and form for permit for removal of agricultural produce and the proofs to be accompanied with the vehicle carrying agricultural produce under sub-section (2) of section 28;(iv-bb) the manner and the fee for the grant or renewal of registration of functionaries and reasons for refusal of such application under section 31B;(iv-cc) the form, manner and fee for making an application and for prescribing terms and conditions for grant or renewal of licence under section 31C.(iv-dd) the rate of market fee and manner of levy and collection thereof; the proofs to be produced; the percentage of market fee and manner of making contribution to the Development Fund, under section 31D;(iv-ee) the form, the manner, the fees and the authority to whom application shall be made, the terms and conditions for grant or renewal of licence, the manner of selling of agricultural produce and the quantity of commodity that may be purchased at a time and the rate of market charge under section 3IE.(iv-ff) the other reasons for rejection of application for grant or renewal of application made under section 31C and section 3IE, under section 3IF;(iv-gg) the form, the manner and fees required to be paid, the terms and condition for grant of common licence under section 31G;(iv-hh) such other disqualifications for suspension or cancellation of licence or registration under section 31H;(iv-ii) the form and manner for preferring the appeal under 31-1;(iv-jj) the manner of submitting audited annual accounts and statement of transaction under section 31L;(iv-kk) the procedure for supervision and control and procedure for appointment of the officers and staff of the market committee under section 31P;(iv-11) the form, the particulars and the terms and conditions of, the manner in which and the officer to whom the contract farming agreement shall be furnished under section 31Q;][(iv-a) the manner of election of members of the Board under clause (a) of subsection (2) of Section 35A; [These clauses were inserted by Gujarat 17 of 1985, Section 7 (w.r.e.f. 25-01-1985).](iv-b) the allowances and fees to be paid to a member of the Board under sub-section (2) of Section 35C;(iv-c) the conditions of appointment and service and pay-scale of the Managing Director under clause (a) of sub-section (3) of Section 351;(iv-d) the forms in which accounts shall be maintained under clause (ix) of Section 35J;(iv-e) the percentage of the income of market committees at which the market Committees shall pay contribution to Development Fund under subsection (1) of Section 35M;(iv-f) the auditors by whom and the audit fees on payment of which accounts of the Board shall be audited annually under sub-section (1) of Section 35P;(iv-g) the delegation of powers and duties by the Board under Section 35Q;(iv-h) the manner in which inquiries into all or any of the activities of the Board shall be made under sub-section (1) of Section 35S;][(iv-ha) the manner in which the agricultural produce may be confiscated under section 51 A;] [Clause (iv-ha) inserted by Gujarat 17 of 2007, dated Is' May 2007 (w.e.f. 02-07-2007).](v)the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the market committee and the grant of sanction to such plans and estimates;(vi)any other matter which is expressly required or allowed by this Act to be prescribed by rules.(3)Any rule made under this Act may provide that any contravention thereof or any of the conditions of any licence issued or renewed thereunder shall, on conviction, be punishable with imprisonment which may extend to one month or with fine which may extend to five hundred rupees or both.(4)The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.(5)All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the Legislature or to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following.(6)Any rescission or modifications so made by the Legislature shall be published in the Official Gazette and shall thereupon take effect.
