Section 43 in The Punjab Agricultural Produce Markets Act, 1961
43. Power to make rules.
(1)The State Government may by notification make rules for carrying out the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for -(i)[the [appointment or [nomination] [Substituted by Haryana Act No. 21 of 1973 and further by Act No. 13 of 1978.] and the mode of election, and co-option] as the case may be, of members of the Board, and committee and their removal.](ii)the powers to be exercised and the duties to be performed by the Board or Committees and their officers and servants ;](iii)[ the election of the Chairman and Vice-Chairman of Committees their powers and term of office] [Substituted by Haryana Act No. 13 of 1978.](iv)the filling of casual vacancies in the office of members or in the office of Chairman or Vice-Chairman of Committees ;(v)the time, place and manner in which a contract between buyer and seller is to be entered into, continued and carried out and the money is to be paid to the seller;(vi)generally for the guidance of the Board or Committee ;(vii)management of the market maximum fees which may be levied by a Committee in respect of the agricultural produce bought or in the notified market area and the manner and the basis thereof, and the recovery and disposal of such fees ;(viii)the issue by a Committee of licences to brokers, weighmen, measurers, surveyors, godown-keepers or other functionaries, the form in which, and the conditions under which, such licences shall be issued or renewed and the fees, if any, to be charged therefor ;(ix)the issue by the [-] [Omitted by Haryana Act No. 38 of 1980.] of licences to dealers, the form in which, and the conditions under which, such licences shall be issued or renewed and the fees, if any, to be charged therefor ;(x)the place or places at which agricultural produce shall be weighed, the kind and description of bardana to be used and the quantity of the produce to the filled and of the scales, not being hand scales (Takri), weights and measures which alone may be used in transactions in agricultural produce in a notified market area ;(xi)the inspection, verification, regulation, correction and confiscation of scales, weights and measurers in use in a notified market area ;(xii)the trade allowance which may be made or received by any person in any transaction in an agricultural produce in a notified market area ;(xiii)the provision of facilities for the settlement by arbitration or otherwise of any dispute between a buyer and a seller of agricultural produce or their agents including disputes regarding the quality or weight of the article, the price or rate to be paid, allowances for wrappings, dirt or impurities or deductions for any cause ;(xiv)the prohibition of brokers from acting in the same transaction on behalf of both the buyer and the seller of agricultural produce ;(xv)the provision of accommodation for storing any agricultural produce brought into the market ;(xvi)the preparation of plans and estimates for work proposed to be constructed partly or wholly at the expense of the Board or a Committee, and the grant of sanction to such plans and estimates ;(xvii)the form in which the accounts of a Committee shall be kept, the audit and publication of such accounts, the charges, if any, to be made for such audit;(xviii)the management and regulation of provident funds which may be established for the benefit of the employees of the Board or Committees ;(xix)the preparation and submission for sanction of an annual budget and the reports and returns to be furnished by the Board or Committees ;(xx)the investment and disposal of the surplus funds of the Board or Committees;(xxi)the manner in which auctions of agricultural produce shall be conducted and bids made and accepted in any market ;(xxii)any matter in respect of which fees shall be payable under this Act, and fixing the amount of such fees and the mode of payment and recovery thereof ;(xxiii)exemption of classes of persons from the obligation of obtaining licences under section 6 ;(xxiv)the authority to which applications for obtaining licences shall be made;(xxv)the realisation or disposal of fees recoverable thereunder or under any rules or bye-laws made under this Act ;(xxvi)the travelling and other allowances that may be [paid to the Chairman, members and employees of the Board;] [Substituted by the Punjab Act, 40 of 1963 section 6.](xxvii)the settlement of any question as to whether any person is a producer or not;(xxviii)service rules, recruitment rules, provident fund rules, pension rules and such other rules as may be required for the employment of the staff of the Board and Committees ;(xxix)the penalties to be imposed upon the employees of the Board and Committees, including the manner of imposing such penalties and the right of appeal against such penalties ;(xxx)nature and status of the servants of the Board and Committees ;(xxxi)imposing on persons holding licences under this Act, the duty of making returns to Committees at regular intervals of transactions of sale, purchase, storage and processing affected by them or at their places of business and of producing accounts for inspection and furnishing information, when called upon by an authority duly empowered, and prescribing the form and mode of verification of, and the particulars to be entered in, such returns as well as the nature of such information ;(xxxii)the regulation of advances, if any, given to producers by brokers or dealers;(xxxiii)the prevention of adulteration of the agricultural produce ;(xxxiv)the grading and standardization of the agricultural produce ;[***] [Subsection (3) omitted by Haryana Act No 37 of 2008, it read as.](3)The rules made under this section may provide that any contravention thereof or of any of the conditions of any licence issued or renewed thereunder shall be punishable with fine which may extend to five hundred rupees.
