Section 17 in The M.P. Krishi Upaj Mandi Adhiniyam, 1972
17. Powers and duties of Market Committee.
(1)Subject to the provisions of this Act, it shall be the duty of a Market Committee,-(a)to implement the provisions of this Act, the rules and the bye-laws made thereunder in the market area;(b)to provide such facilities for marketing of notified agricultural produce therein as the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] may, from time to time, direct;(c)to do such other acts as may be necessary in relation to the superintendence, direction and control of market or for regulating marketing of notified 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 foregoing provisions a Market Committee shall,-(i)[ construct, maintain and manage the market yards and sub-market yards and promote development of Haat Bazars in the market area;] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).](ii)provide the necessary facilities for the marketing of agricultural produce in the market yard;(iii)grant or refuse licences to the 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 market yards;(vi)enforce the conditions of the licences;(vii)regulate the making, carrying out and enforcement or cancellation of agreement 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 and maintain information in respect of production, sale, storage, processing, prices and movement of notified agricultural produce and disseminate such information as directed by the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).].(x)take all possible steps to prevent adulteration of goods and promote grading and standardization of the notified agricultural produce;(xi)with a view to maintain stability in the market (a) take suitable measure to ensure that traders do not buy agricultural produce beyond their capacity and avoid risk to the sellers in disposing of the produce; and (b) grant licences only after obtaining necessary security in cash as bank guarantee according to the capacity of the buyers;(xii)levy and recover all moneys related to fees and other charges due, which the Market Committee is authorised to receive;(xiii)(a)ensure payment in respect of transactions which take place in the market yard or market proper to be made on the 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 loss, if any, from the original buyer and effect payment of the price of the agricultural produce to the seller;(b)recover the charges in respect of weighment and hammali and to distribute the same to weighmen and hammals;(xiv)employ the necessary number of officers and servants for the efficient implementation of the provisions of this Act, and the rules and the bye-laws made thereunder;(xv)regulate the entry of persons and vehicular traffic into the market yard;(xvi)prosecute persons for violating the provisions of this Act, and the rules and the bye-laws made thereunder and to compound such offences if necessary;(xvii)acquire, hold and dispose of any movable or immovable property for the purpose of efficiently carrying out its duties;(xviii)institute or defend any suit, action, proceeding, application or arbitration and compromise such suit, action, proceeding, application or arbitration;(xix)make arrangements for employing by rotation, weighmen and hammals for weighing and transporting of goods in respect of transactions held in the market yard :Provided that nothing in this clause shall apply for employing hammals by traders for transporting their goods from the market yard to their godowns.(3)With the prior sanction of the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] the Market Committee may, at its discretion, undertake the following duties :(i)[ to give grant or advance funds to [the Board, the Public Works Department or any other department or undertaking of the State Government] [Substituted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).] or any other agency authorised by the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] for the construction of roads or godowns in the market area to facilitate transportation and storage of agricultural produce or for the purpose of development of the market yard;](ii)[ maintain stocks of fertilizer, pesticides, insecticides, improved seeds, agricultural equipments and inputs for sale;] [Inserted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).](iii)to provide on rent [storage facilities] [Substituted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).] for stocking of agricultural produce to agriculturists;(iv)[ to give grant for maintenance of the Goshala, or institutions which have been registered under the Madhya Pradesh Goseva Ayog Adhiniyam, 1995 (No. 18 of 1995).] [[Substituted by M.P. Act No. 15 of 2003 (w.e.f. 15-6-2003). Prior to substitution it read as under :'(iv) to give grant for maintenance of the 'Goshalas' recognised by the State Government'.]](4)In addition to the duties aforementioned the Market Committee shall also be responsible for,-(i)the maintenance of proper checks on all receipts and payments by its officers;(ii)the proper execution of all works chargeable to the Market Committee Fund;(iii)keeping a copy of this Act and of the rules and notifications issued thereunder and of its bye-laws, open to inspection free of charge at its office; and(iv)arranging for preventive measures against spread of contagious cattle disease.(5)The Market Committee shall carry out any direction which the State Government may issue from time to time for providing reasonable facilities in the market yard.(6)If a Market Committee fails to comply within a reasonable time with any direction issued under sub-section (5), the State Government shall have all the powers necessary for the enforcement of such direction at the cost of Market Committee.(7)If a Market Committee makes default in payment of any sum the amount whereof is fixed or has become payable by virtue of any directions under sub-section (5), the State Government may make an order directing the person having the custody of the balance of the Market Committee Fund to make such payment either in whole or in such part as is possible from such fund.(8)The Market Committee shall furnish all information which the Collector or the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] or the officers duly authorised by either of them may require.
