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State of Punjab - Section

Section 28 in The Punjab Agricultural Produce Markets Act, 1961

28. Purposes for which the Market Committee Funds may be expended.

- Subject to the provisions of section 27, the Market Committee Funds shall be expended for the following purposes :-(i)acquisition of sites for the market ;(ii)maintenance and improvement of the market ;(iii)construction and repair of buildings which are necessary for the purposes of the market and for the health, convenience and safety of the persons using it ;(iv)provision and maintenance of the standard weights and measures ;(v)pay, leave, allowances, gratuities, compassionate allowances and contributions towards leave allowances, compensation for injuries and death resulting from accidents while on duty, medical aid, pension or provident fund of the persons employed by the Committee ;(vi)payment of interest on loans that may be raised for purposes of the market and the provisions of a sinking fund in respect of such loans ;(vii)collection and dissemination of information regarding all matters relating to crop statistic and marketing in respect of the agricultural produce concerned ;(viii)providing comforts and facilities, such as shelter, shade, parking accommodation and water for the persons, draught cattle vehicles and pack animals coming or being brought to the market or on construction and repair of [link roads,] [Inserted by Punjab Act 3 of 1983.] approach roads, culverts, bridges and other such purposes;(ix)expenses incurred in the maintenance of the offices and in auditing the accounts of the Committees ;(x)[ and (xi) ****.] [Omitted by Punjab Act No. 17 of 2017, dated 22.7.2017.][(xi-a) payment of premium on insurance of farmers, who sell their produce in the markets established in the notified market area of a Market Committee constituted under this Act;] [Inserted by Punjab Act No. 14 of 2016, dated 4.5.2016.](xii)meeting any legal expenses incurred by the Committee ;(xiii)imparting education in marketing [or agriculture] [The portion shown in the brackets has been restricted by the Supreme Court vide judgement dated 4.5.1979 (K.K. Puri v. State of Punjab), AIR 1980 SC 1008.] ;(xiv)payments of travelling and other allowances to the members and employees of the Committee, as prescribed ;(xv)loans and advances to the employees ;(xvi)[ ***.] [Omitted by Punjab Act No. 17 of 2017, dated 22.7.2017.](xvii)[ with the previous sanction of the Board, any other purpose which is calculated to promote the general interests of the Committee or the notified market area ; [Substituted by Punjab Act No. 17 of 2017, dated 22.7.2017.](xviii)to establish regulatory system and to create infrastructure fore-trading platform, e-marketing, direct marketing, e-trading, producer and consumer marketing and producer marketing ;(xix)to provide infrastructure for cleaning, grading, standardization and packaging of agricultural produce;(xx)to create and promote an infrastructure on its own or through pubic private partnership for a market yard of a notified market area and value addition such as cleaning, standardization, grading, packaging and post harvest handling of agricultural produce; [***](xxi)construction, repair, maintenance of link roads and passage market yard] [; and] [Added by Punjab Act No. 22 of 2017, dated 15.12.2017.](xxii)[ Contribution for Price Stabilization Fund.] [Added by Punjab Act No. 20 of 2018, dated 26.9.2018.][29. Liability of member or employee of Committees or the Board. - (1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a Committee, if such loss, waste or misapplication is proved to the satisfaction of the Board to be the direct consequence of his neglect or misconduct in the performance of duties as a member or an employee of the Committee, and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such loss by the Board, and if the amount is not paid within one month from the expiry of the period of appeal prescribed by sub-section (3) it shall be recoverable as arrears of land revenue :Provided that no such person shall be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of two years from the time of his ceasing to be a member or an employee, whichever expires first.
(2)Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to the Board, if such loss, waste or misapplication is proved to the satisfaction of the State Government to be the direct consequence of his neglect or misconduct in the performance of duties as a member or an employee of the Board, and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such loss by the State Government and if the amount is not paid within one month from the expiry of the period of appeal prescribed by sub- section (3) it shall be recoverable as arrears of land revenue :Provided that no such person shall be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of two years from the time of his ceasing to be a member or an employee, whichever expires first.
(3)The person against whom an order under sub-section (1) or sub-section (2) is made may, within one month of the service of such order, appeal to the State Government which shall have the power of confirming, modifying or disallowing the surcharge.] [State Government vide Memo No. 11(37)-M-85/24/84 dated 19.2.85 has delegated the powers under Section 29 the Chairman, Board upto 25,000/- for surcharging a person for a loss caused to the Committee.]