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State of Karnataka - Section

Section 63 in Karnataka Agricultural Produce Marketing Act 1966

63. Powers and duties of market committee.

(1)Subject to the provisions of this Act it shall be the duty of a market committee,-
(i)to implement the provisions of this Act the rules and bye-laws made thereunder in the market area;
(ii)to provide such facilities for [transport and marketing] [Substituted by Act 17 of 1980 w.e.f.19.5.1995] of agricultural produce therein as the State Government may from time to time direct;
(iii)to do such other acts as may be required in relation to the superintendence direction and control of markets or for regulating marketing of agricultural produce in any place in the market area and for purposes connected with the matters aforesaid and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act.
(2)Without prejudice to the generality of the fore-going provision,-
(a)a market committee shall,-
(i)maintain and manage the yards [vesting in the market committee] [Inserted by Act 19 of 1969 w.e.f.1.5.1968] [and regulate the manner of letting out the premises in the market yard including those belonging to market functionaries in the yard] [Inserted by Act 35 of 1986 w.e.f.17.6.1986];
(ia)[ provide either independently or along with some other authority necessary facilities for the transport of notified agricultural produce in and to the yard;] [Inserted by Act 17 of 1980 w.e.f.19.5.1975]
(ii)provide the necessary facilities for the [transport and marketing] [Substituted by Act 17 of 1980 w.e.f.19.5.1975] of agricultural produce in the yards and outside the markets and sub-markets in the market area;
(iia)[ provide facilities such as clearly demarcated adequate space commensurate with demand for direct sale by the producers to consumers for domestic consumption and not for subsequent sale or processing in such manner on such terms as may be prescribed.] [Inserted by Act 20 of 2014 w.e.f.28.02.2014]
(iii)grant or refuse licences to market functionaries and renew suspend or cancel such licences;
(iv)supervise the conduct of the market functionaries;
(v)regulate the opening closing and suspending of trading in the yards;
(vi)enforce the conditions of the licences;
(vii)regulate the making carrying out and enforcement or cancellation of agreements of sales the weighment delivery payment and all other matters relating to the marketing of notified agricultural produce;
(viii)Provide for the settlement of all disputes between the seller and the buyer arising out of any kind of transaction connected with the marketing of notified agricultural produce and all matters ancillary thereto;
(ix)collect maintain and disseminate information in respect of production sale storage processing prices and movement of notified agricultural produce;
(x)take all possible steps to prevent adulteration of goods and promote grading and standardization of the notified agricultural produce;
(xi)take measures for maintenance of market stability by prevention of over-trading and thus decreasing the local risk attendant upon the business of selling and buying notified agricultural produce;
(xii)levy take recover and receive rates charges fees and other sums of money to which the market committee is entitled;
(xiii)[ contribute to the Floor Price Scheme and Raita Sanjeevini Accidental Insurance Scheme at such rate as may be determined by the Director of Agriculture Marketing] [Inserted by Act 8 of 2001 w.e.f.24.1.2001]
(xiv)[ set up and promote public private partnership in management of [Inserted by Act 23 of 2007 w.e.f.16.8.2007]
market yards or market sub yards;
(xv)promote public private partnership for carrying out extension activities in its area viz. collection maintenance and dissemination of information in respect of production sale storage,
processing value addition prices and movement of notified agricultural produce.]
(b)a market committee may,-
(i)regulate the entry of persons and vehicular traffic into the yard [vesting in the market committee] [Inserted by Act 19 of 1969 w.e.f.1.5.1968];
(ii)prosecute persons for violating the provisions of this Act the rules and the bye-laws and compound such offences;
(iii)acquire hold and dispose of any moveable or immoveable property for the purpose of efficiently carrying out its duties;
(iv)impose penalties on persons who contravene the provisions of this Act the rules or the bye-laws or the orders or directions issued under this Act the rules or the bye-laws by the market committee its Chairman or by any officer duly authorised in this behalf:
(v)institute or defend any suit action proceeding application or arbitration and compromise such suit action proceeding application or arbitration;
(vi)provide facilities such as provision of adequate space for direct sales by a producer and assist a producer by preparing invoices and bills on his behalf when he sells his produce to a trader without employing a commission agent.
(vii)[provide facilities for processing and packaging.] [Inserted by Act 14 of 1976 w.e.f.24.1.1976]
(viii)[grant loans to the State Agricultural Marketing Board or other market committees.] [Inserted by Act 17 of 1980 w.e.f.19.5.1975]
[(viii-a)grant loan to the Co-operative marketing or Agricultural Cooperative Processing Societies and any other co-operative society dealing in notified agricultural produce within the market area having regard to their requirement of working capital in respect of transactions relating to the notified agriculture produce and subject to such terms and conditions as may be prescribed; [Clauses (viii-a) to (viii-d) inserted by Act 16 of 1991 w.e.f.1.4.1994](viii-b) with the prior approval of the Director of Agricultural Marketing contribute shares to the Co-operative Marketing or Agricultural Co-operative Processing Societies established within the market area and dealing in notified agricultural produce;(viii-c) with the prior approval of the Director of Agricultural Marketing take such steps as are necessary to arrange through Co-operative Societies for purchase sale storage or transport of agricultural produce or for such other matters during the period of disruption of functioning in the market yard or sub-market yard due to strike of any market functionary;(viii-d) so far as the surplus market fund at its disposal will allow and with the approval of the Director of Agricultural Marketing provide within the market area any infrastructural facilities as may be prescribed for the benefit of the users of the market;][[(ix)x x x] [Clauses (x) and (xi) Inserted by Act 35 of 1986 w.e.f.17.6.1986]
(x)provide such short term advances as may be prescribed to producer- sellers in the market area on pledge of notified agricultural produce in favour of the market committee.]
(xi)[ with the prior approval of the State Government donate funds to any Agricultural University to impart instructions in Agricultural Engineering and Research.] [Inserted by Act 6 of 1988 w.e.f.19.11.1987]
(xii)[See footnote below section 10]