Section 148 in Karnataka Agricultural Produce Marketing Act 1966
148. Bye-laws.
(1)Subject to the provisions of this Act and the rules made under section 146 and with the previous sanction of the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] a market committee may [after previous publication in the prescribed manner] [Omitted by Act 4 of 1982 w.e.f. 1.5.1968 and inserted by the same Act w.e.f. 17.12.1981] make bye-laws for the regulation of the business and the conditions of trading in the market area. Every bye-laws made under this section shall be published in the prescribed manner.(2)In particular and without prejudice to the generality of the foregoing provision the bye-laws may provide for,-(i)the regulation of business of the market committee;(ii)the regulation of the business of the sub-committees of the market committee;(iii)the conditions of delegation of powers functions and duties of the market committee to sub-committees;(iv)[ x x x] [Omitted by Act 35 of 1986 w.e.f. 17.6.1986](v)the assignment of powers functions and duties to the officers and servants of the market committee;(vi)the procedure for the granting renewal refusal 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 the dealings between sellers and purchasers;(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 the produce entrusted by the producer to the commission agent for sale;(xi)the procedure of sale of notified agricultural produce in the yards and outside the market and sub-market in 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 the price of the produce by the purchaser to the seller 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 the agreement of sale;(xvii)the enforcement of prompt payment by the commission agent to his principal soon after delivery of the goods is given to the purchaser;(xviii)the enforcement of payment of the price of goods 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 term of credit permissible under the bye-laws;(xix)the procedure to be adopted where any licensed trader or commission agent suspends payment or becomes insolvent or is otherwise unable or refuses or neglects to discharge his liabilities and obligations in relation to transactions in the yards and outside the market or sub-market in the market area and the rights duties and liabilities of such trader or commission agent and those with whom he had such transactions 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;(xxi)the enforcement of the production of the account books and any other books files or documents of the market functionaries for inspection;(xxii)the prevention of the adulteration of goods;(xxiii)the licence fees payable in respect of licences issued to the 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 the commission agents and by the different categories of traders under sections 85 and 86;(xxv)the travelling allowances and daily allowances of the members of the market committee;(xxvi)the circumstances in which a warning may be given or a penalty may be imposed by the market committee on the market functionaries or other persons for breach of bye-laws and the procedure to be followed for the purpose;(xxvii)the procedure for entry and inspection of places of business and other places under section 66;(xxviii)the assistance to be rendered to a producer by way of preparing invoices and bills when he sells his goods directly to a purchaser without the assistance of a commission agent;(xxix)the regulation of the admission of the market functionaries in to the yard and control over the behaviour of such functionaries;(xxx)the form of application for licence the qualifications and disqualifications for securing the renewal of the different kinds of licences the procedure for the inquiry about and verifying the correctness of the statements made in the applications for licences;(xxxi)the opening and closing of marketing in the yards;(xxxii)the books registers and documents to be kept and maintained and the compilation of statements to be prepared from the returns received from the market functionaries and the registers books and documents to be kept and maintained by the market functionaries;(xxxiii)any other matter in respect of which bye-laws are required to be or may be made under this Act.(3)Any bye-law made under this section may provide that any contravention thereof shall on conviction be punished with fine which may extend to two hundred rupees.(4)Where any bye-law is submitted to the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] for sanction under sub-section (1) and if the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] is satisfied,-(a)that the proposed bye-law is not contrary to the provisions of this Act or the rules;(b)that it complies with the requirements of sound administration; he may sanction the bye-law.(5)When the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] refuses to sanction any amendment or bye-law he shall communicate his order with the reasons therefor to the market committee:Provided that no such order shall be made without giving the market committee a reasonable opportunity of being heard.(6)A market committee aggrieved by an order of the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] under sub-section (5) may within ninety days from the date on which the order of refusal to sanction is received by the market committee appeal to the State Government. The decision of the State Government on such appeal shall be final and shall not be called in question in any court of law.
