Section 116 in The Delhi Agricultural Produce Marketing (Regulation) Act, 1998
116. Power to make rules.
(1)The Government may by notification, make rules for carrying out the provisions of this Act.(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely-(a)qualifications which the representatives of the agriculturists shall possess under Clause (a) of sub-section (1) of Section 36;(b)qualifications which the representatives of traders shall possess under Clause (b) of sub-section (1) of Section 36;(c)the manner in which the members of a Marketing Committee may be elected under Section 38, including all matters incidental to such election;(d)the term of office and other conditions of service of Chairman or Vice-Chairman of the Marketing Committee under Sections 44 and 46;(e)the duties of Marketing Committees under sub-section (2) of Section 55 and the promotion of the grading and standardisation of such agricultural produce as may be specified in the rules under Clause (k) of that sub-section;(f)the manner of levy and collection of market fee by Marketing Committee under Section 62,(g)the conditions subject to which loans may be obtained by a marketing committee from another Marketing Committee under sub-section (2) of Section 72;(h)the manner in which and the time within which an appeal may be filed under sub-section (2) of Section 74 or sub- section (2) of Section 123;(i)the form of licence and the terms and conditions subject to which a licence may be granted or renewed, including the fees to be paid in respect of such licence, under Section 80;(j)the fees payable in connection with the weighman and delivery of agricultural produce under Section 81.(k)the manner in which an appeal may be filed under sub-section (1) of Section 82;(l)the composition of sub-committees, method of appointment or arbitrators and the fees, if any, that may be paid by parties for the settlement of disputes, the procedure to be followed by the sub-committees or arbitrators for- the settlement of disputes and the manner in which and the time within which an appeal may be preferred from the decision of the sub-committee or arbitrator under Section 83;(m)the manner in which the amount to the credit of the Market Development Fund or a market fund shall be kept or invested under sub-section (3) of Section 84 or sub-section (2) of Section 88 as the case may be;(n)travelling and other allowances payable to members of the Board or the Marketing Committee;(o)the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the Marketing Committee and the Board and grant of sanction to such plans and estimates;(p)the manner in which payment from the Market Development Fund of Market Fund shall be made, its account shall be kept or audited or re-audited, budget estimates of income and expenditure shall be made and annual administrative report shall be prepared;(q)the time during which and the manner in which a trader or commission agent shall furnish returns to the marketing committee as may be required by it;(r)any other matter which is required to be or may be prescribed.(3)Any rule made under this section may provide that if purchaser fails to make the payment forthwith as required by sub-section (6) of Section 61, he shall be liable to pay interest from the date of sale to the date of payment as such rate not being in excess of the maximum rate of interest fixed for unsecured loans by banking institutions. If payment is not made within thirty days from the date on which the agricultural produce is sold, the principal and interest shall be recoverable by the Marketing Committee from the purchaser in the manner provided in Section 113.(4)Any rule made under the provisions of this Act may provide that a contravention thereof, shall on conviction, be punishable with fine which may extend to five thousand rupees.(5)Every rule made under this Act shall be laid, as soon as may be, after it is made, before the Legislative Assembly of Delhi. While it is in session for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of session immediately following the session or the successive session aforesaid, the house of the Legislative Assembly agrees in making any modification in the rule or the house of the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
