Section 118 in The Delhi Agricultural Produce Marketing (Regulation) Act, 1998
118. Power of Marketing Committee to make bye-laws.
(1)Subject to the provisions of this Act, and the rules made thereunder, a Marketing Committee may, in respect of a market area under its management, make bye-laws for-(i)determining the quantity of agricultural produce which may be considered as retail sale for the purposes of the Act and the rules made thereunder;(ii)the regulation of the business of the marketing committee, including meetings, quorum and procedure;(iii)the conditions of trading in a market;(iv)delegation of powers, duties and functions to the officers and servants;(v)the delegation of powers, duties and function to a sub-committee, if any;(vi)the provisions for the persons and the form in which copies of the document and entries in the books of the Marketing Committee may be certified and charges to be levied for the supply of such copies and inspection of such documents and books of account for the purposes of any proceedings under the Act, Rules and regulation;(vii)the manner in which the sales are effected in a market and maintenance and issue of invoices and other vouchers connected with the sale and the forms in which such invoices, bills, cash-memos shall be issued by the traders, commission agents, brokers, or other market functionaries operating in the market;(viii)any other matter for which the bye-laws are to be made under this Act or it may be necessary to frame bye-laws for effectively implementing the provisions of this Act, and the rules made thereunder in the market area.(2)No bye-laws under sub-section (1) shall take effect until it has been approved by the Board and published in the official Gazette.(3)In making any bye-law, the Marketing Committee may direct that the penalty for the breach of any bye-law may be imposed by it, which may extend to five thousand rupees in each case and where the breach is a continuing one with further penalty which may extend to one hundred rupees for every day after the first conviction during which the same continues.Explanation. - For purposes of this sub-section, it is declared that the Marketing Committee may impose the penalty notwithstanding the fact that criminal action has been instituted in respect of the same facts for which penalty has been imposed under the bye-laws.(4)Notwithstanding anything contained in this section, if the Director considers that an amendment, or adoption of a new bye-laws or rescission of any any bye-law is necessary or desirable in the interests of market committee, he may, by order, require the Marketing Committee to make such amendment, adoption or rescission within such time as may be specified by him in the order.(5)If the Marketing Committee fails to comply with the order issued under sub-section (4) within the time specified, the Director shall make such amendment rescission or adoption of such new bye-law, and issue a certified copy thereof to the Marketing Committee.(6)The Marketing Committee may, within thirty days from the date of issue of the certified copy, referred to in the sub-section (5) appeal against such order to the Government whose decision thereon shall be final and binding upon the Marketing Committee.(7)No bye-law or rescission of bye-law or its alteration or amendment shall take effect until it has been confirmed by the Director and notified by him in the Official Gazette.
