Section 4 in The Orissa Agricultural Produce Markets Act, 1956
4. Declaration of market area.
(1)After expiry of the period, specified in the notification issued under Section 3 and after considering such objections and suggestions as may be received before such expiry and after holding such inquiry as may be necessary, the State Government may, by ratification declare the area specified in the notification under Section 3 or any portion thereof to be a market area for the purpose of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. A notification under this section may also be published in the regional language of the area in a newspaper circulated in the said area or may be published in such other manner as the State Government may deem fit.(2)For the removal of doubts, it is hereby declared that a notification published in the Gazette under Section 3 or under Sub-section (1) shall have full force and effect notwithstanding any omission to further publish the same in any other manner, or irregularity or defect in such further publication in pursuance of Section 3 or Sub-section (1), as the case may be.(3)[ On and from the date of notification issued under Sub-section, (1) or such later date as my be specified therein, no local authority or person shall, notwithstanding anything contained in any other law for the time being in force, set up, establish or continue or allow to be set up, established or continued any place for the purpose of sale and purchase of any agricultural produce within the market area or within a distance thereof to be notified in the Gazette in this behalf in each case by the State Government:Provided that the State Government may, subject to such terms and conditions as they may impose, permit the continuation of any place in the market area for the marketing of any agricultural produce as aforesaid for such period not being later than the date of declaration of market yard within the market area as they may specify.(4)Notwithstanding anything to the contrary contained in any law for the time being in force, the market committee may, after a notification issued under Sub-section (1), by requisition, require any Municipality or Grama Panchayat to transfer to it any land or building in possession of such Municipality or Grama Panchayat wholly of partly situated within the concerned in market area which immediately before the establishment of the market was being used by such Municipality or Grama Panchayat for similar purpose, and the Municipality or Grama Panchayat, as the case may be, shall within one month from the date of receipt of the requisition, transfer the land or building or both, as specified in the requisition to the market committee and the net income derived therefore by the market committee under Section 11 shall be shared equally by the market committee and the concerned Municipality or Grama Panchayat, every year:Provided that the share of the Municipality or Grama Panchayat in any one year shall not be less than eighty per cent of the average net income derived by it from land or building or both so transferred during the three years immediately preceding the transfer.Explanation - For the purpose of determining the net income, the expenditure on establishment, stationery and cost of maintenance on construction or forty per cent of the gross income, whichever is less, shall be deducted from the gross income.(5)After the issue of the notification under Sub-section (1), the State Government shall, as soon as possible on the recommendation of the Director, declare by notification, market yards and markets in the market area specifying the area over which each market shall extend around the respective market yard.(6)Subject to the provisions of this section and of the rules regulating the marketing of agricultural produce at any place in the market area, no person shall, on and after the date on which the declaration is made under Sub-section (5), without or otherwise than in conformity with the terms and conditions of a licence granted by-(a)the Director, when a market committee has not been constituted or has not started functioning; or(b)the market committee, in any other case-(i)use any place in the market area for the marketing of agricultural produce specified in the said declaration, or(ii)operate in the market area or in any market therein as a trader, commission agent, broker, processor, weighman, measurer, surveyor or warehouseman or in any other capacity in relation to the marketing of such agricultural produce :Provided that when any agricultural produce brought into any market area for the purpose of processing only, or for export, is not processed or exported therefrom within thirty days from the date of its, arrival therein, it shall, until the contrary is proved, be presumed to have "been brought into the market area for buying or selling :Provided further that nothing in Clause (i) shall apply to the retail sale by an agriculturist of his own produce, or to sale by a person not being a trader or agriculturist, where such person himself sells to another who buys for his personal consumption or his family.(7)Subject to the provisions of Section 3, the State Government may at any time by notification, exclude from a market area, any area comprised therein or any agricultural produce in relation to such market area, or include in any market area, any area or any agricultural produce included in a notification issued under Section 3.] [Substituted vide Act No. 27 of 1984, Section 3.]
