Section 52 in Jharkhand Agricultural Produce Markets Act, 2000
52. Power to make rules.
(1)The Jharkhand Government may make rules not inconsistent with this Act, for carrying out the purpose of this Act.(2)In particular and without prejudice to the generality of the foregoing power, the Jharkhand Government may make rules with respect to all or any of the following matters:-(i)the election and appointment of members of a Market Committee, the number of members to be elected or appointed by each of the bodies or groups of individuals referred to in Section 9 and the manner of their appointment and election;(ii)the preparation and revision of the list of voters from time to time;(iii)the filling of casual vacancies in the office of Chairman, Vice-Chairman or other members of the Market Committee;(iv)[ the election of the Vice-Chairman of a Market Committee;] [Substituted by Act 60 of 1982.](v)the meeting of the Market Committee and the procedure to be observed at such meetings;(vi)[ the powers to be exercised and the duties to be performed by a Market Committee, the Chairman, Vice-Chairman and the Secretary;] [Substituted by Act 60 of 1982.](vii)[ the management, control and regulation of a Market and the fee which may be levied by the Market Committee, and subject to the provisions of this Act, the recovery and disposal of such fees;] [Substituted by Act 60 of 1982.](viii)the issue of licences to traders, commission agents, brokers, weighmen, measurers, surveyors, warehousemen and other persons including persons or firms engaged in the processing or pressing of agricultural produce, operating in the market, the terms on which and the conditions subject to which such licences shall be issued or renewed and the fees to be charged therefor;(ix)the provision of facilities for the settlement of any dispute between a buyer and a seller of agricultural produce or their agents, including disputes regarding the quality or weight of the articles, the allowances for wrappings, containers, dirt or impurities or deductions from any causes;(x)the prohibition of brokers from acting on behalf of both the buyer and the seller of agricultural produce in any transaction;(xi)the provision of accommodation for storing any agricultural produce brought into the market;(xii)the preparation of the plans and the estimates of works proposed to be constructed partly or wholly at the expense of the Market Committee and the grant of sanction to such plans and estimates;(xiii)the registers and books to be maintained by a Market Committee;(xiv)the form in which the accounts of a Market Committee shall be kept, the manner in which they shall be audited and the time or times at which they shall be published;(xv)the preparation and submission for sanction of the annual budget and report and returns to be furnished by a Market Committee;(xvi)the investment and disposal of the surplus fund of a Market Committee;(xvii)the regulation of advances, if any, given to agriculturists by brokers, commission agents or traders;(xviii)the kind and description of the weights and measures and the weighing and measuring instruments which shall be used in transaction of any agricultural produce in a market area;(xix)the periodical inspection of all weights and measures and weighing and measuring instruments in use in a market area;(xx)the trade allowance which may be made or received by any person in any transaction in an agricultural produce in a market area;(xxi)the prevention of adulteration of agricultural produce;(xxii)the grading and standardisation of agricultural produce;(xxiii)the keeping of a list of prices of agricultural produce in respect of which the market is established;(xxiv)the time within which an appeal shall lie to the Jharkhand Government or the officer appointed by it in that behalf under sub-section (2) of Section 44:(xxv)the manner in which auction of agricultural produce shall be conducted and bids made and accepted in any market;(xxvi)the quantity of agricultural produce for retail sale and consumption under section 15;(xxvii)the conditions subject to which the Market Committee may lease, sell or otherwise transfer any property under this Act;(xxviii)the procedure and conduct of meetings of the Market Committee;(xxix)the discipline, control, punishment, dismissal, discharge, removal of officers and servants of the committee;(xxx)any other matter which is required to be or may be prescribed;(xxxi)[ the preparation and revision of the list of voters, the division of market area into constituencies and the election;] [Inserted by Act 60 of 1982.](xxxii)[ the person by whom and the form in which copies of documents and entries in the books of a Market Committee or the Board may be certified and the charges to be levied for the supply of such copies;] [Inserted by Act 60 of 1982.](xxxiii)[ the manner in which the inquiry and inspection of the Market Committee shall be held;] [Inserted by Act 60 of 1982.](xxxiv)[ the restrictions and conditions subject to which a Market Committee may enter into contracts;] [Inserted by Act 60 of 1982.](xxxv)[ the circumstances in which any agricultural produce shall be deemed to be adulterated;] [Inserted by Act 60 of 1982.](xxxvi)[ the fees payable in respect of appeals and revision under this Actor he rules and the fees payable in respect of any other matter; and] [Inserted by Act 60 of 1982.][xxxvii) any other matter for which there is no provision in this Act and for which provision is, in the opinion of the Jharkhand Government, necessary for giving effect to the purposes of this Act.] [Inserted by Act 60 of 1982.](3)The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.(4)Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature 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, both Houses agree in making any modification in the rule or both Houses 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 annulment shall be without prejudice to the validity of anything previously done under that rule.
