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State of Jammu-Kashmir - Section

Section 19 in The Jammu and Kashmir State Agricultural Produce Marketing (Regulation) Act, 1997

19. Powers and duties of market committee.

(1)Subject to the provisions of this Act, it shall be the duty of the market committee. -
(i)to implement the provision of this Act, the rules and the bye-laws made thereunder in the market area;
(ii)to provide such facilities for marketing of agricultural produce therein as the Director/Board or the Government may from time to time direct;
(iii)to do such other acts as may be required in relation to the superintendence, direction and control of market or for regulating marketing of agricultural produce in any place in the market area, and for purposes in connection with the matters aforesaid and for that purpose may exercise such powers and discharge such functions as may be provided by or under this Act;
(iv)to work out transport required on daily monthly basis for haulage of fruit out such State and provide for necessary arrangements of trucks for the purpose.
(2)Without prejudice to the generality of the force going provisions a market committee may;
(i)maintain and manage the market yards and sub-market yards within the market area;
(ii)provide the necessary facilities for the marketing of agricultural produce within the market yard and outside the market yards and within the sub-market yards and outside the sub-market yards in the market area;
(iii)grant or refuse to grant licences to market functionaries and renew, suspend or cancel such licences, supervise the conduct of the market functionaries and enforce conditions of bye-laws of the market committee;
(iv)regulate or supervise the auction of notified agricultural produce in accordance with the provisions/procedure laid down under the rules made under this Act or bye-laws of the market committee;
(v)conduct or supervise the function of notified agricultural produce in accordance with the procedure laid down under the rules made under this Act, or bye-laws of the market committee;
(vi)regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to the marketing of notified agricultural produce in the prescribed manner;
(vii)organise grading of notified agricultural produce;
(viii)provide for the settlement of all disputes between the seller and the buyer arising out of any kind of transaction connected with marketing of notified agricultural produce and all matters ancillary thereto in the prescribed manner;
(ix)arrange for collection of such agricultural produce in the market area in which all trade there in is to be carried out on exclusively by the Government by or under any law in force for that purpose or of such agricultural produce in the market area, as the Government may, from time to time, notify;
(x)collect, maintain and disseminate information in respect of production, sale storage, processing, prices and movement of notified agricultural produce;
(xi)take all possible steps to prevent adulteration of goods and promote grading and standardisation of the notified agricultural produce;
(xii)take measures for the prevention of purchases and sales below the minimum support prices as fixed by the Government from time to time;
(xiii)levy, take recover and receive rates, charges, fees and other sums of money to which the market committee is entitled;
(xiv)employ the necessary number of officers and servants for the efficient implementation of the provisions of the Act. the rules and the bye-laws as may be prescribed;
(xv)regulate the entry of persons and vehicular traffic in to the yard and sub-marked yard vesting in the market committee;
(xvi)prosecute persons for violation the provision of this Act, the rules and the bye-laws and compound such offences;
(xvii)acquire, hold and dispose of any movable or immovable property for the purpose of efficiently carrying out its duties;
(xviii)impose penalties on persons who contravene the provisions of this Act, the rules or the orders or directions issued under this Act, the rules or the bye-laws by its Chairman or by any officer duly authorised in this behalf;
(xix)institute or defend any suit, prosecution, action, proceeding application or arbitration and compromise such suit, action, proceeding, application or arbitration;
(xx)provide facilities such as provision of space for direct sale by a producer and assist a producer by preparing invoices and bails in his behalf when he sells his produce to a trader without employing commission agent;
(xxi)pay pension, leave allowances, gratuities, compassionate allowance and contributions, towards leave allowance, pensions or provident fund of the officers and servants employed by the marked committee in the prescribed manner;
(xxii)administer market committee fund referred to in section 43 and maintain the account thereof in the prescribed manner;
(xxiii)inspect and verify sales, weights and measures in use in a market area and also the books of accounts and other documents maintained by the market functionaries in such manner as may be prescribed;
(xxiv)carry out publicity about the benefits of regulation, the system of transaction, facilities provided in the market yard etc. through such means as posters, pamphlets, hoarding, cinema slides, film shows, group meeting etc., or through any other means considered more effective or necessary;
(xxv)ensure payment in respect of transaction which take place in the market area to be made on the same day to the seller, and indefault to seize the agricultural produce in qeuistion alongwith other property of the person concerned;
(xxvi)make arrangement for weighmen and hamals for weighting and grader-cum-packers and transporting of goods in respect of transaction held on the market yard or sub-market yard as the case may be;
(xxvii)recover the charges in respect of weighmen and hamals and distribute the same to weighman and hamals, if not paid by the purchaser or the case may be;
(xxviii)with the prior sanction of the Government or the Director of the Board undertake the constructions of roads in the market area to facilitate movement of agricultural produce to the market for benefit of producer sellers and traders operating in the market areas.