Section 36 in The Rajasthan Agricultural Produce Markets Act, 1961
36. Rules.
(1)The State Government may, either generally or specially for any market area or market areas make rules for the purpose of carrying out the provisions of this Act.(2)In particular and without prejudice to the generality of the foregoing provision, such rules may provide for or regulate -(a)[ the criteria for classification of market areas;] [Inserted by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181.](aa)[] [Renumbered by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181] the election and nomination of members of the market committee, the manner of election, the preparation and revision of lists of voters from time to time, the qualifications and disqualifications of voters and candidates and the payment of all expenditure in connection with or incidental to such election;(b)the powers to be exercised and the duties to be performed by the market committee and by its Chairman and Vice-Chairman;(c)the election of the Chairman and the Vice-Chairman of the market committee and his term of office;(d)the filling of casual vacancies in the office of Chairman, Vice-Chairman or member of the market committee;(e)[ the management of the market and the manner of collection of market fees by the market committees in the market area;] [Substituted and shall be deemed always to have been substituted by section 4(i)(a) of Rajasthan Act No. 10 of 1975 - Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 19.3.1975.](f)the issue of licences to traders, brokers, weighmen, measurers, surveyors, warehousemen and other persons operating in the [market are] [Substituted by Section 4(i) (b) of Rajasthan Act No. 10 of 1975 - Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 19.3.1975.] the form in which and the conditions subject to which such licences shall be issued or renewed and the fee to be charged therefor;(g)The trade allowance which may be made or received by any person in any transaction in the agricultural produce in a market area;(h)the prohibition of brokers from acting in any transaction on behalf of both the buyer and seller of agricultural produce or as a buyer or seller;(i)the provision of accommodation for storing any agricultural produce brought into the market;(j)the preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of the market committee and the grant of sanction to such plans and estimates;(k)the form in which the accounts of a market committee shall be kept, the audit and publication of such accounts and the charges, if any, to be made for such audit;(l)the preparation and submission for sanction of the annual budget and the report and returns to be furnished by a market committee;(m)the investment and disposal of the surplus funds of a market committee;(n)the regulation of advances, if any, given to agriculturists by brokers or traders;(o)the prevention of adulteration of the agricultural produce;(p)the grading and standardisation of the agricultural produce;(q)the keeping of a list of prices of agricultural produce in respect of which the market is established;(r)the manner in which auctions of agricultural produce shall be conducted and bids made and accepted in any market;(s)the recovery and disposal of [market fees or other fees] [Substituted by section 5 of Rajasthan Act No. 16 of 1965 - Published in Rajasthan Gazette, Extraordinary, Part IV-A, Extraordinary, dated 29.10.1965.] leviable by or under the Act;(sa)[ infrastructure for consumer-farmer market, manner of sale in consumer-farmer market, quantity of a commodity that may be purchased at a time in the consumer-farmer market, rate of market service charge chargeable in the consumer-farmer market;] [Inserted by Rajasthan Act No. 19 of 2005; enforced w.e.f. 16.11.2005 - Notification No. F. 2(27) Vidhi-2/2005, dated 18.11.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 21.11.2005, page 49(1) = 2006 RSCS/Part II/P. 21/H. 26.](sb)manner and form in which application for licence for establishment of private sub-market yard and consumer-farmer market may be made, licence fees for establishment of private sub-market yard and consumer-farmer market and terms and conditions for such licence;(sc)manner in which the market committee shall regulate the market of agricultural produce;(sd)the manner in which officers and servants shall be employed by market committees;(se)manner in which scales, weights and measures in use in market area and the books of accounts and other documents maintained by the traders, brokers, weighmen, measuress, surveyors, warehousemen and other persons operating in the market area may be inspected and verified by the market committee;(sf)form in which an agreement shall be executed by the person who buys agricultural produce in the market area;(sg)manner in which contract farming buyer shall be registered with the market committee, form of contract farming agreement and particulars and terms and conditions to be contained in such form and the manner in which market fee shall be payable by the contract farming buyer;(t)any matter which, by any provision of this Act, may be or is required to be prescribed or for which by such provision rules may be or are required to be made;(u)generally for carrying out the purposes and provisions of this Act.(3)Any rule made under this Act may provide that any contravention thereof or of any of the conditions of any licence issued or renewed thereunder shall, on conviction, be punishable with fine which may extend to two hundred rupees.(4)The power to make rules conferred by this section is subject to the condition of rule being made after previous publication:[Provided that any rules may be made without previous publication, if the State Government considers that it should be brought into force at once.] [Added and shall be deemed always to have been added by section 4(ii) of Rajasthan Act No. 10 of 1975 - Published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 19.3.1975.](5)All rules finally made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
