Section 39 in H.P. Agricultural and Horticultural Produce Marketing (Development And Regulation) Act, 2005
39. Powers and functions of the Committee.
(1)Subject to the provisions of this Act, the Committee may,-(a)enforce the provisions of this Act, the rules and bye-laws made thereunder in the notified market area;(b)establish a market in the market area and provide such facilities for persons visiting in connection with the purchase, sale, storage, weighment and processing of agricultural produce concerned as the Board may, from time to time, direct;(c)do such other acts as may be required in relation to the superintendence, direction and control of market or for regulating marketing of agricultural produce in any place in the market area, and for the 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; and(d)do all such other acts which may bring complete transparency in pricing system and transactions taking place in the market area.(2)Without prejudice to the generality of the foregoing provisions, the Committee may,-(i)maintain and manage the market yards and sub- market yards within the market area;(ii)provide necessary facilities for the marketing and facilitate for the transportation of agricultural produce within the market yards and outside the yards and within the sub-market yards and outside the sub-market yards in the market area;(iii)regulate, conduct or supervise the auction of notified agricultural produce in accordance with the provisions and procedure laid down under the rules made under this Act or bye-laws of the Committee;(iv)regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to the marketing of notified agricultural produce in the manner prescribed;(v)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;(vi)take all possible steps to prevent adulteration of notified agricultural produce;(vii)make registration for weighmen and hamals for weighing and transporting of goods in respect of transactions held in the market yards or sub-yards;(viii)set up and promote public-private partnership in the management of the markets;(ix)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, prices and movement of notified agricultural produce;(x)levy, take, recover and receive rates, charges, fees and other sums of money to which the Committee is entitled;(xi)regulate the entry of the persons and vehicles, traffic into the market yard and sub-market yard visiting the market;(xii)compound offences committed under this Act (except section 27) or rules and bye-laws made thereunder;(xiii)acquire land and dispose off any moveable or immovable property for the purpose of efficiently carrying out its duties;(xiv)institute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action, proceeding, application or arbitration;(xv)keep a set of standard weights and measures in each principal market yard and sub-market yard against which weighment and measurement may be checked;(xvi)inspect and verify scales, weights and measures in use in a market area and also the books of accounts and other documents maintained by the market functionaries in such form and in such manner as may be prescribed;(xvii)arrange to obtain fitness (health) certificate from a veterinary doctor in respect of animals, cattle, birds etc. which are bought or sold in the market yard or market area;(xviii)carry out publicity about the benefits of regulation, the system of transaction, facilities provided in the market yard etc. through various means such as poster, pamphlets, hoardings, cinema slides, film shows, group meetings, electronic media etc.; or through any other means considered more effective or necessary;(xix)ensure payment in respect of transactions which take place in the market yard to be made on same day to the seller, and in default to seize the agricultural produce in question along with other property of the person concerned and to arrange for re-sale thereof and in the event of loss, to recover the same from the original buyer together with charges for recovery of the losses, if any, and effect payment of the price of the agricultural produce to the seller;(xx)recover the charges in respect of weighmen and hamals and distribute the same to the weighmen and hamals if not paid by the purchaser or seller, as the case may be;(xxi)collect and maintain information in respect of production, sale, storage, processing prices and movement of the notified agricultural produce and disseminate such information as directed by the Board;(xxii)with a view to maintain stability in the market, take suitable measures to ensure that traders do not buy agricultural produce beyond their capacity and avoid risk to the sellers in disposing off the produce and grant licenses only after obtaining necessary security in cash as bank guarantee according to the capacity of the buyers; and(xxiii)promote and undertake agricultural processing including activity for value addition in agricultural produce.(3)With the prior sanction of the Board, the Committee may undertake the following functions:-(i)construction of roads, godowns, ropeways and other infrastructure in the market area to facilitate marketing of agricultural produce and for the purpose give funds to the Board;(ii)to provide on rent storage facilities for stocking of agricultural produce to agriculturists;(iii)to promote and encourage e-trading, Committee may establish regulatory system, create infrastructure and undertake other activities and steps needed thereto;(iv)to maintain and circulate from time to time the data of arrivals and rates of agricultural produces standard-wise brought into the market area for sale as may be prescribed.
