Section 28 in The Orissa Agricultural Produce Markets Act, 1956
28. [ Power to make bye-laws. [Substituted vide Act No. 27 of 1984, Section 13.]
(1)Subject to any rules and regulations made under this Act, and with the previous sanction of the Director or any other officer specially empowered in this behalf by the State Government a Market Committee may, in respect of the market crop for which it is constituted or any market established therein, make bye-laws for the regulation of the business (including meeting, quorum and procedure) of the Market Committee, and the conditions of trading in the market area including the rates and manner of collection or refund of market fees or any other fees levied under this Act.(2)Where a Market Committee fails to make bye laws under this section within six months from the date on which the Orissa Agricultural Produce Markets (Amendment) Act, 1984 (Orissa Act 27 of 1984) comes into force or the date of its constitution, whichever is later, the Director may make such bye-laws as he may think fit and bye-laws so made shall remain in operation in relation to that Market Committee, until the Market Committee makes its bye-laws duly approved by the Director.(3)Notwithstanding anything contained in this Act or the rules, regulations or bye-laws made thereunder, if the Director considers that an amendment, alteration or rescission of any provision of the bye-laws or adoption of any new bye-laws is necessary or desirable in the interest of a Market Committee he may, by an order in writing to be served on the Market Committee, direct to make such amendment, alteration or rescission of such provision or provisions or adoption of any new bye-laws within such time as may be specified in such order.(4)If the Market Committee fails to make the amendment, alteration or rescission or to adopt the new bye-laws within the time specified by the Director in his order under Sub-section (3), the Director may, after giving the Market Committee an opportunity of being heard, register such amendment, alteration or rescission of the bye-laws or the adoption of such new bye-laws, as the case may be, and issue a certified copy thereof to the Market Committee.(5)The Market Committee may, within thirty days from the date of issue of the certified copy referred to in Sub-section (4), appeal against such order to the State Government.(6)Where an appeal is presented within the period specified in Subsection (5), the amendment, alteration or rescission of the bye-laws or the adoption of new bye-laws shall not come into force till the order is confirmed by the State Government.(7)A certified copy of the amendment, alteration, rescission or the new bye-laws registered by the Director under Sub-section (4) shall, subject to the result of appeal, if any, under Sub-section (6), be conclusive evidence that the same has been duly registered and such amendment, alteration, rescission or new bye-laws shall be deemed to have been made by the Market Committee.(8)Any bye-laws made under this Act may provide that any contravention thereof shall, on conviction, be punishable with fine which may extend to one hundred rupees.]
