(1) This Act may be called the 1Telangana (Agricultural Produce and Livestock) Markets Act, 1966.
In this Act, unless the context otherwise requires,-
(1) The Government may publish in such manner as may be prescribed a draft notification declaring their intention of regulating the purchase and sale of such agricultural produce, livestock or products of livestock in such area as may be specified in such notification.
(1) The Government shall constitute, by notification, a market committee for every notified area from such date as may be specified in the notification and the market committee so constituted shall be a body corporate by such name as the Government may specify in the said notification having perpetual succession and a common seal with power to acquire, hold and dispose of property and may, by its corporate name, sue and be sued:
1[5. Composition of market committee.-- (1) Every market committee shall consist of 2[fourteen] members and shall be constituted by the Government by notification in the following manner:-
1[5-A. Constitution of market committee for Special Markets.- (1) Every market committee constituted for a special market under sub-section (1-B) of section 4 of the Act, shall consist of eighteen members in the following manner as nominated 2[xxx] by the Government,-
(1) The Government shall reconstitute the market committee on the expiration of the term of office of the members of the market committee or of the term as extended under sub-section (2).
1[6-A. Power of Government or the Director of marketing to suspend the Chairman of the Market Committee.-- If the Government 2[or the Director of Marketing] are of the opinion that the Chairman of the Market Committee wilfully omitted or refused to carry out the orders of the Government 2[or the Director of Marketing] for the proper working of the market committee or abused his position or the powers vested with him, and that the further continuance of such person in office would be detrimental to the interests of the market committee or the inhabitants of the market, the Government 2[or the Director of Marketing] may, by order, suspend the Chairman of the Market Committee from office for a period not exceeding three months, pending investigation into the said charges and action thereto under the forgoing provisions of this section:
1[6-B. Power of Government or the Director of Marketing to withdraw the Powers of Chairman.-- Notwithstanding anything in this Act or the rules made thereunder, where in the opinion of the Government, 2[or the Director of Marketing] the Chairman of the Market Committee wilfully omits or refuses to carry out the orders of the Government 2[or the Director of Marketing] for the proper working of the market committee or abuses his position or the powers vested in him, they may by order, withdraw all or any of the powers vested in him by or under this Act pending investigation into such omission, refusal or abuse of position or power, and cause all or any of the powers and functions of the Chairman to be exercised and performed by such person or authority as the Government 2[or the Director of Marketing] may appoint in that behalf.]
1[7. Licensing of Traders, Commission Agents, Processors, Direct Purchase Centres, Private Markets etc., and Regulation of Trade.-- (1) No person shall, within a notified area, set up, establish or use, or continue or allow to be continued, any place for the purchase, sale, warehousing, storage, weighment, curing, pressing or processing of any notified agricultural produce or products of livestock or for the purchase or sale of livestock except under and in accordance with the conditions of a licence granted to him under this section:
1[7A. [xxx]]
1[7B. [xxx]]
The market committee may appoint one or more of its members, to be a sub-committee or special committee for the conduct of any work or to report on any matter, and may delegate to any one or more of its members such of its powers or duties as it may think fit.
(1) The market committee may, at any time, call a meeting of the market committee, but such meeting shall be held at least once in every month. The market committee shall also call a meeting of the market committee within one month after receipt of a requisition in writing from the Director of Marketing or from one-third of the total number of members of the market committee.
(1) All appointments of officers and other employees necessary for the management of the market shall be made in the prescribed manner.
1[(1) Every contract entered into by a market committee shall be in writing and signed by the Secretary of the Market Committee in the manner as may be prescribed.]
1[11-A. Contract farming.-- (1) Every contract farming sponsor shall register with registering authority in such manner and on payment of such fees as may be prescribed.
(1) The market committee shall levy fees on any notified agricultural produce, livestock or products of livestock purchased or sold in the notified market area 1[at such rate, 2[not exceeding two rupees] as may be specified in the bye-laws] for every hundred rupees, of the aggregate amount for which the notified agricultural produce, livestock or products of livestock is purchased or sold, whether for cash or deferred payment or other valuable consideration.
1[12A. Submission of return of turnover by trader.-- Every trader in the notified area, who is liable to pay fees under section 12, shall submit such return or returns relating to his turnover in such manner, within such period and to such authority, as may be specified by the market committee in its bye-laws.
1[12B. Assessment of market fees.-- (1) If the assessing authority is satisfied that any return submitted under section 12A is correct and complete, it shall asses the amount of market fees payable by the trader on the basis thereof; but if the return appears to it to be incorrect or incomplete, it shall, after giving the trader an opportunity of proving the correctness and completeness of the returns submitted by him and after making such inquiry as it considers necessary, assess to the best of its judgment the amount of market fees due from the trader. An assessment under this section shall however, be made only within a period of three years from the expiry of the year to which the assessment relates.
1[12C. Payment of market fees and other dues payable under the Act.-- (1) The market fees assessed under this Act and the penalty levied under sub-sections (3), (4) and (5) of section 12B shall be paid by the trader in such manner and within such time not being less than fifteen days from the date of service of the notice of assessment or the levy of penalty as may be specified in such notice.
1[12D. Recovery of market fees where business of trader is transferred.-- Where the ownership of the business of a trader liable to pay market fees is transferred, any market fees or other amount payable under this Act in respect of such business and remaining unpaid at the time of transfer, may, without prejudice to any action, that may be taken for its recovery from the transferor, be recoverable from the transferee as if he were the trader liable to pay such market fees or other amount.]
1[12E. Appeals.-- (1) Any trader objecting to an order of assessment passed or proceeding recorded by the assessing authority, under the provisions of this Act may, within, thirty days from the date on which the order or proceeding was served on him, appeal to the Regional Joint Director of Marketing having jurisdiction over the notified area concerned (herein after referred to as the Appellate Authority):
1[12F. Revision by the Director of Marketing.-- (1) The Director of Marketing may suo motu, 2[or on an application made by the petitioner after exhausting the opportunity under section 12-E] call for and examine the record of any order passed or proceeding recorded by any authority or officer subordinate to him or by any market committee or any authority or person authorized by it under the provisions of this Act for the purpose of satisfying himself as to the legality or propriety of such order or as to the regularity of such proceeding and may pass such order in reference thereto as he thinks fit:
1[12G. Appeal to High Court.-- (1) Any trader objecting to an order relating to assessment passed by the Director of Marketing under sub-section (1) of section 12F, may appeal to the High Court within sixty days from the date on which the order was served on him:
The market committee may, in accordance with such rules as may be made in this behalf, levy a subscription for collecting and disseminating among the subscribers information as to any matter relating to statistics or marketing in respect of notified agricultural produce, livestock or products of livestock.
(1) All moneys received by a market committee shall be paid into a fund to be called "the Market Committee Fund" and the said Fund shall be deposited, in a single banking account with the nearest Government treasury, or with the sanction of the Government, in a Bank. All expenditure incurred by the market committee under or for the purposes of this Act shall be defrayed out of the said Fund; and any surplus remaining after such expenditure shall be invested in such manner as may be prescribed.
Subject to the provisions of section 14, the Market Committee Fund shall be expended for all or any of the following purposes, namely:-
(1) There shall be formed for the whole of the State a fund to be called "the Central Market Fund". Every market committee shall contribute ten per cent of its annual income to the Central Market Fund and the contribution so paid shall be placed to the credit of the said Fund:
No trade allowance other than an allowance prescribed by rules or provided under bye-laws, shall be made or received in a notified area by any person in any transaction in respect of notified agricultural produce, livestock or products of livestock and no civil court, shall, in any suit or proceeding arising out of any such transaction, have regard to any trade allowance not so prescribed or provided.
1[17-A. Recovery of excess and unauthorized collections.-- Where a market committee is of the opinion that any trader or commission agent in the notified market area has made any collection in excess of what is allowed by law or unauthorisedly by whatever name called, the market committee may require, at any time within a period of eleven years from the date of the said excess or unauthorized collection, such trader or commission agent to produce before it all accounts, registers and other documents and to furnish any other information relating to such transaction, and may, after such enquiry as it deems fit, in the circumstances of the case, determine the amount collected in excess or unauthorisedly by such trader or commission agent, and shall, thereupon, call upon to him to explain why the said amount shall not be recovered from him and upon considering the explanation, if any, given by such trader or the commission agent, determine the amount and direct that he shall pay to it the amount in such manner and within such period as may be prescribed. The market committee shall refund the amount so paid to it to the concerned grower or the purchaser, as the case may be. If the trader or commission agent fails to pay the amount as required by the market committee, the said amount shall be recovered as if it were an arrear of land revenue, on a certificate issued by the market committee.]
1[17-B. Maintenance of true and correct accounts and records by traders, etc.-- Every trader shall keep and maintain true and correct accounts and records relating to his business promptly showing such particulars as may be prescribed.]
1[17-C. Power to order production of accounts and power of entry, inspection and seizure.-- (1) The assessing authority or any officer of the Department of Marketing not below the rank of an Assistant Director of Marketing authorized by the Director of Marketing in this behalf, may, for the purposes of this Act, require any trader to produce before it or him the accounts, registers and other documents and to furnish any other information relating to his business or the levy of fees.
(1) A market committee may, with the previous sanction of the Government, raise the money required for carrying out the purposes for which it is constituted on the security of any property belonging to it and of any fees leviable by it under this Act. A market committee may, for the purpose of meeting the initial expenditure on lands, buildings and equipment required for establishing the market, obtain a loan from the Government.
(1) The Chairman, Vice-Chairman and every member of a market committee shall be liable for the loss, waste or misapplication of any money or other property belonging to the market committee if such loss, waste or misapplication is a direct consequence of his negligence or misconduct and a suit for compensation may be instituted against him in a court of competent jurisdiction by the market committee with the previous sanction of the Director of Marketing.
No member of a market committee shall be personally liable in respect of any contract or agreement made, or for any expense incurred, by or on behalf of the market committee; but the funds at the disposal of the market committee shall be liable for, and charged with, or all costs in respect of any such contract or agreement and all such expenses.
(1) Where a suit is instituted against the market committee, the Chairman, Vice-Chairman, or any other member or any of its officers or servants or any person acting under the direction of such market committee Chairman, Vice-Chairman or other member or officer or servant acting in good faith and the claim of the plaintiff is satisfied before the date fixed for the settlement of issues or where the summons are issued for the final disposal of the suit, before the date of the hearing for the final disposal, the plaintiff shall not be entitled to the costs of the suit against the market committee or the Chairman, Vice-Chairman, or any other member or officer or servant, as the case may be unless a notice of sixty days of the suit stating particulars of the claim was given before its institution in the manner provided in sub-section (2).
(1) If, in the opinion of the Government a market committee is not competent to perform or persistently makes default in performing the duties imposed on it by or under this Act, or abuses its powers, they may, by notification, supersede such committee for a period 1[not exceeding six months] in the first instance and may, by order, extend, from time to time, the period of supersession, so however, that the total period of supersession in the case of any market committee shall 1[not exceed one year]:
1[(1) Who-ever contravenes the provisions of section 7 or fails to pay the fees levied under sub-section (1) of section 12 shall, on conviction be punished with imprisonment for a term, which shall not be less than six months but which may extend to one year and with fine, which may extend to five thousand rupees, and in the case of a continuing contravention with a further fine which may extend to five hundred rupees for every day during which the contravention is continued after conviction thereof:
1[23-A. Compounding of Offences.-- (1) The market committee may accept from any person, who has committed or is reasonably suspected of having committed an offence against this Act or the Rules or bye-laws made thereunder, other than such offences as may be prescribed, or by way of compounding of such offences.
A market committee may, subject to such restrictions and control as may be prescribed, write off any amount due to it, if in its opinion such amount is irrecoverable:
(1) No offence punishable by this Act or any rule or bye-law made thereunder shall be tried by a court inferior to that of a Magistrate of the First Class.
(1) All sums due from a market committee to the Government may be recovered in the same manner as arrears of land revenue.
(1) The Director of Marketing may, of his own motion or on application made to him, call for and examine the record of any market committee and the Government may, of their own motion or on application made to them, call for and examine the record of the Director of Marketing, in respect of any proceeding, 1[other than a proceeding relating to assessment and recovery of market fees under sections 12A to 12F (both inclusive)] to satisfy himself or themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision passed or order made therein; and, if, in any case, it appears to the Director of Marketing or the Government, that any such decision or order should be modified, annulled, reversed or remitted for reconsideration he or they may pass orders accordingly:
1[27-A. Power to remove difficulties.-- If any difficulty arises in giving effect to the provisions of this Act, the Government, as occasion may require, may by order do anything which appears to them to be necessary for the purpose of removing the difficulty.]
Nothing in this Act shall apply to any place set up, established or continued on behalf of the Government for the purchase, sale, storage, weighment, pressing, or processing of any notified agricultural produce or products of livestock or the purchase, sale or accommodation of livestock or to the purchase or sale of any such notified agricultural produce, livestock or products of livestock by or on behalf of the Government.
(1) Where in pursuance of section 3, the Government notify any area comprised within the local limits of the jurisdiction of a municipality or other local authority, no such municipality or other local authority shall levy any fees on any notified agricultural produce, livestock or products of livestock purchased or sold in the notified area.
Nothing in any law providing for the establishment, maintenance or regulation of a market or the levy of fees therein shall apply to any market established under this Act or affect in any way the powers of a market committee, in respect of such market.
(1) Notwithstanding anything in the Indian Registration Act, 1908, it shall not be necessary for the Chairman or any members or officer of a market committee to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity or to sign as provided in section 58 of that Act.
Where, in the opinion of the Government it is considered necessary so to do, they may, by notification regulate or prohibit the commission agents operating in the market:
1[xxx]
(1) The Government may, either generally or specially for any notified area or areas, make rules for carrying out the purposes of this Act.
(1) Subject to any rules made by the Government under section 33 and with the previous sanction of the Director of Marketing, a market committee may, in respect of the notified area for which it was constituted, make byelaws for the regulation of the business and the conditions of trading therein:
The Government may, by notification, and for the reasons to be specified therein, either permanently or for any specified period, exempt any market committee, any person or class of persons from all or any of the provisions of this Act, subject to such conditions as the Government may deem fit to impose.
The Andhra Pradesh (Andhra Area) Commercial Crops Markets Act, 1933 and the Andhra Pradesh (Telangana Area) Agricultural Market Act, 1339 F. are hereby repealed:
(1) Notwithstanding anything in the 1[Andhra Pradesh (TeIangana Area) Agricultural Market Act, 1339 Fasli], all contributions made by the Market committee constituted under that Act to the fund which was called the Central Market Fund and all expenditure incurred therefrom, before the commencement of this Act shall be deemed always to have been validly made and incurred as if such contributions and expenditure were expressly provided for in the said Act, and no such contribution or expenditure shall be questioned in any court of law on the ground that the said Act did not provide for such contribution or expenditure.