Section 5 in The Central Provinces and Berar Agricultural Produce Market Act, 1935
5. Power to make rules.
(1)The State Government may make rules, consistent with this Act, for carrying out the purposes and objects thereof.(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate -(i)the election of members of a market committee, the number of members to be elected by each of the bodies or groups of individuals referred to in section 4 and the manner of election, the preparation and revision of lists of voters from time to time and the term of office of such members;(ii)the qualifications and disqualifications of voters and the candidates for election;(iii)the powers to be exercised and the duties to be performed by a market committee;(iv)the election of the chairman and vice-chairman of a market committee, their powers and terms of office;(v)the filling of casual vacancies in the office of members or in the office of chairman or vice-chairman of a market committee;(vi)the management of a market and the levy of fees by a market committee, and, subject to the provisions of this Act, the collection and disposal of such fees;(vii)the grant by a market committee of licences to traders, brokers, weighmen, measurers, surveyors and warehousemen and other persons using a market and fixing the fees leviable by them, the form in which and the conditions under which such licences shall be granted and the fees to be charged for such licences;(viii)the place or places at which and the hours during which agricultural produce shall be weighed or measured, and the kind and the description of the scales, weights and measures to be used at such place or places;(ix)the periodical inspection, verification, correction, regulation and confiscation of scales weights and measures in use in a market;(x)the trade allowances which may be made or received by any person in any transaction in a market;(xi)the transfer of any immovable property by a market committee under section 12;(xii)the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of a market committee, and the grant of sanction to such plans and estimates;(xiii)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;(xiv)the preparation of an annual budget and its submission for sanction, and the reports and returns which shall be furnished, by a market committee;(xv)the disposal of any surplus or part of surplus fund of a market committee;(xvi)the time, place and manner in which a contract between buyer and seller is to be entered into and the money is to be paid to the seller; and(xvii)generally, for the guidance of a market committee and for carrying out the purposes of this Act.(3)Any such rules may, when necessary, provide that a contravention thereof, or of any of the conditions of a licence issued thereunder, shall be punishable, on conviction by a competent Magistrate, with fine which may extend to five hundred rupees.(4)All rules made under this section shall be subject to the condition of previous publication. A copy of the draft of the proposed rules shall be laid [before each of the Houses of the State Legislature] [The words 'before each of the Houses of the State Legislature' were substituted for the words 'on the table of the Legislative Assembly of the State' by the Bombay (Vidharbha Region) Adaptation of Laws Order, 1956.], The State Government shall give [both the Houses] [The words 'both the Houses' were substituted for the words 'the Assembly' by the Bombay (Vidarbha Region) Adaptation of Laws Order, 1956.] an opportunity of discussing them and shall take into consideration any resolution concerning the same [in which both the Houses concur] [These words were substituted-for the words 'which may be passed by the Assembly' by the Bombay (Vidarbha Region) Adaptation of Laws Order, 1956.] before finally publishing them in the Official Gazette.
