Section 53 in Jharkhand Agricultural Produce Markets Act, 2000
53. Power to make bye-laws.
(1)The Market Committee may with the previous sanction of the Director or any other officer specially empowered in this behalf by [the Board,] [Substituted by Act 60 of 1982.] in respect of the market area under its management, make bye-laws not inconsistent with this Act and the rules, for carrying into effect the purposes of this Act.(2)Such bye-laws shall be made after previous publication.(3)[ In particular and without prejudice to the generality of the foregoing provisions, the bye-laws may be provided for-(i)the regulation of business of the Market Committee;(ii)the regulation of the business of sub-committee of the Market Committee;(iii)the conditions of delegations of powers, functions and duties of the Market Committee to sub-committee;(iv)the appointment and conditions of services of officers and servants of the Market Committee;(v)the assignment of powers, functions and duties to the officers and servants of the Market Committee;(vi)the procedure for granting renewal, suspension or cancellation of licences under this Act and the circumstances in which any suspension or cancellation of a licence may be annulled by the Market Committee;(vii)the conditions for trading or operating in any capacity as a market functionary within the market area;(viii)the control and regulation of dealing between sellers and buyers;(ix)the enforcement of the weighment of notified agricultural produce in due time;(x)the enforcement of issue of immediate receipt to the producer in respect of agricultural produce entrusted by the producer to the trader for sale;(xi)the procedure of sales of notified agricultural produce in the yards and outside within the market area;(xii)the sales of notified agricultural produce in the yards under the direct supervision of the staff of the Market Committee;(xiii)the execution of agreement of sale soon after the sale is agreed upon;(xiv)the taking of delivery of goods soon after the agreement of sale is effected;(xv)the payment of price of agricultural produce by the purchasers to the sellers at the time of taking delivery of goods in all cases of direct purchases made from the producer without the assistance of a commission agent;(xvi)the fixing of the maximum period of credit permissible to the purchaser from the commission agent from the date of agreement of sale;(xvii)the enforcement of prompt payment by the commission agent to his principal soon after delivery of agricultural produce is given to the purchaser;(xviii)the enforcement of payment of the price of agricultural produce by the purchaser to the commission agent as and when it falls due in accordance with the terms of credit where the commission agent has allowed credit before the expiry of the maximum terms of credit permissible under the bye-laws;(xix)the procedure to be adopted where any licenced trader suspends payment or becomes insolvent or is otherwise unable or refuses or neglects to discharge his liabilities and obligations in relation to transactions in agriculture produce in the market area and the rights, duties and liabilities of such trader and those with whom he had such transaction and the manner in which and terms upon which they are to be closed or passed on;(xx)the enforcement of the submission of returns, reports and statements from the market functionaries to the Market Committee and recovery of the market fee;(xxi)the enforcement of the production of account books, files and documents of the market functionaries for inspection;(xxii)the prevention of adulteration of agricultural produce;(xxiii)the licence fee payable in respect of licences issued to different classes of market functionaries;(xxiv)the fixing of the percentage of the security amount to be deposited or the amount of Bank guarantee to be furnished by traders;(xxv)the travelling allowances and daily allowance of the members of the Market Committee;(xxvi)the procedure tor entry and inspection of places of business and other places;(xxvii)the assistance to be rendered to a seller where he sells his agricultural produce directly to a purchaser without the assistance of a commission agent;(xxviii)the regulation of admission of market functionaries in the market and control over the behaviour of such functionaries;(xxix)the form of application for licence, the qualifications and disqualifications for securing the renewal of different kinds of licences, the procedure for the enquiry for verifying the correctness of the statements made in the application for licences;(xxx)the opening and closing of marketing in the yards;(xxxi)the books, registers and documents to be kept and maintained and the compilation of statement to be prepared from the return received from the market functionaries and the registers, books and documents to be kept and maintained by the market functionaries; and(xxxii)any other matter in respect of which bye-laws are required to be or may be made under this Act and the rules made thereunder.(4)If the Market Committee fails to make such bye-laws or such amendments of the bye-laws and forward the same to the Director for approval in accordance with the provisions of sub-section (3) within the time specified in such order, the Director may, after giving the Market Committee a reasonable opportunity of being heard, by order make such bye-laws or amendments thereto as the case may be and they shall be deemed to have been made as amended by the Market Committee in accordance with the provisions of this Act.] [Substituted by Act 60 of 1982.][Form A] [Forms A to D added by Act 60 of 1982.][See Section 27A(2)]Counterfoil
