Section 49 in The Assam Agricultural Produce Market Act, 1972
49. Power to make rules.
(1)The State Government may, either generally or specially for the Board or any market area or market areas, make rules, after previous publication for the purpose of carrying out the provisions of this Act.(2)In particular and without prejudice to the generality of the foregoing provision, such rules may provided for or regulate-(i)the qualifications of voters, the preparation and revision of the lists of voters, the division of market area into constituencies, the election, appointment and nomination of members of the market committee, the manner of holding election, the drawing up of the election programme, the fixing or polling stations and the appointment of Returning, Presiding and Polling Officers, the declaration of the results of election and mattes regarding appeals in respect of disputes in connection with elections;(ii)the election of the Chairman and the Vice-Chairman of the market committee;(iii)the filling up of casual vacancies in the office of Chairman, Vice-Chairman or member of a market committee :(iv)the powers to be exercised and the duties to be performed by a market committee and its Chairman, Vice-Chairman and Secretary;(v)the management of the market, minimum and maximum cess which may be levied and collected by the market committee, the method, manner and mode of collection of such cess in respect of agricultural produce regulated under the Act and sold and re- sold in the market area;(vi)the issue of licences to traders, persons and firms engaged in processing of agricultural produce, commission agent, brokers, weighmen, measurers, surveyors, warehouseman and the cancellation and suspension of such licence and the category of such other persons operating in a market area as may be determined by the Director and the form in which and the condition subject to which such licences shall be issued, cancelled, or renewed therefor;(vii)the method and manner of holding meetings, the procedure to be followed at such meetings and the powers to be exercised at such meetings;(viii)the form in which returns shall be submitted by the Board or a market committee to the Director and such other officers as may be authorised by the Director;(ix)the persons by whom and the form in which copies of documents, entries in the books of a market committee may be certify and the charges to be levied for the supply of such copies;(x)the kind and descriptions of the weights and measures and the weighing and measuring instruments which alone shall be used in the transactions in agricultural produce in market areas;(xi)the periodical inspection of all weights and measurers and weighing and measuring instruments in use in market areas;(xii)the procedure to be followed in presenting and disposing of an appeal to the State Government or the officer appointed by it in that behalf under sub-section (2) of Section 22;(xiii)the manner in which the inquiry and inspection of the Board or a market committee shall be held;(xiv)the matters in respect of which the Board or a market committee shall or may make bye-laws and the procedure to be followed in making or abrogating bye-laws and the conditions to be fulfilled prior to making such abrogations and alternations;(xv)[deleted](xvi)[deleted](xvii)the trade allowance which may be made or received by any person in any transaction in any agricultural produce in a market area;(xviii)the prohibition of brokers for acting in any transaction on behalf of both the buyer and seller of agricultural produce or as a buyer or seller;(xix)the provision of accommodation for storing any agricultural produce brought into the market;(xx)[deleted](xxi)the form in which the accounts of the Board or a market committee, and the grant or sanction to plans and estimates shall be kept, the audit, inspection and publication of such accounts if any to be made for such audit and the inspection of audit memoranda of the accounts and supply of copies of such memoranda;(xxii)the preparation and submission for sanction of the annual budget and the report and returns to be furnished by the Board or a market committee;(xxiii)[deleted](xxiv)the regulation of advances, if any, given to agriculturists by brokers, commission agents, or traders;(xxv)the prevention of adulteration of agricultural produce;(xxvi)the grading and standardisation of agricultural produce;(xxxii)the keeping of a list of prices of agricultural produce in respect of which the market is established;(xxviii)the manner in which auctions of agricultural produce shall be conducted and bid made and accepted in any market;(xxix)the recovery and disposal of cost leviable by or under this Act;(xxx)other matters relating to the functioning of the Board or the market committee.(3)Any rule made under this Act may provide that for any contravention thereof or any of the conditions of licence issued or renewed the offender shall, on conviction be punishable with fine which may extend to rupees two hundred.(4)Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or amendment shall be without prejudice to the validity of anything done under that rule.
