THE DELHI AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT, 1976
[Act, No. 87 of 1976]
[2nd September, 1976]
An Act to provide for the better regulation of the purchase, sale storage and processing of agricultural produce and the establishment of markets for agricultural produce in the Union territory of Delhi and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:--
Section 1. Short title, extent and commencement
(1) This Act may be called the Delhi Agricultural Produce Marketing (Regulation) Act, 1976.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall come into force on such date1as the Administrator may, by notification, appoint.
Section 2. Definitions
(1) In this Act, unless the context otherwise requires,--
(a) "Administrator" means the Administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution;
(b) "agricultural produce" means such produce (whether processed or not) of agriculture, horticulture, forest, animal husbandry, apiculture or pisciculture as are specified in the Schedule;
(c) "agriculturist" means a person who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenants or by servants or hired labour or otherwise is engaged in the production or growth of agricultural produce which has not been processed, but does not include a trader, commission agent, processor or broker, in or in relation to, agricultural produce except where such trader, commission agent, processor or broker is also engaged in the production or growth of agricultural produce;
(d) "Board" means the Delhi Agricultural Marketing Board constituted under section 5;
(e) "broker" means an agent who, in consideration of a commission, fee or remuneration, contrives, makes and concludes a bargain, or contracts on behalf of his principal, for the purchase or sale of agricultural produce, but does not receive, deliver, transport, or pay for the purchase or collect payment for the sale of, the agricultural produce;
(f) "bye-laws'" means bye-laws made under section 65;
(g) "commission agent" means a person, who, by himself or through his servants, buys and sells agricultural produce for another person, keeps it in his custody and controls it during the process of its sale or purchase, and collects payment from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in each transaction;
(h) ''Director" means a person appointed as the Director of Agricultural Marketing for the Union Territory of Delhi;
(i) "local authority" means, in relation to an area within the local limits of,-
(i) the Municipal Corporation of Delhi, that Corporation;
(ii) the New Delhi Municipal Committee, that Committee;
(iii) the Delhi Cantonment Board, that Board;
(j) "market" means any principal market established under this Act and includes a subsidiary market;
(k) "market area" means an area declared to be a market area under section 4;
(l) "Market Committee" means a committee constituted for a market are under section 8;
(m) "notification" means a notification published in the Official Gazette;
(n) "Official Gazette" means the Delhi Gazette;
(o) "prescribed" means prescribed by rules made under this Act;
(p) "processor" means a person who processes any agricultural produce on payment of a charge;
(q) "retail sale" in relation to any agricultural produce, means the sale of that produce, not exceeding such quantity, as the Market Committee may, by, bye-laws, determine to be a retail sale;
(r) "Schedule" means the Schedule to this Act;
(s) "Secretary" means a Secretary of a Market Committee, and includes a Joint, Deputy or Assistant Secretary;
(t) "Surveyor" means a person who, on arrival of a consignment of agricultural produce for sale in any market area or market, surveys it for ascertaining the quality., refraction, adulteration and other like factors;
(u) "trader" means a person who buys or sells agricultural produce as a principal or as duly authorised agent of one or more persons.
(2) If any question arises as to whether a person is or is not an agriculturist for the purposes of this Act, the matter shall be referred to the Director who shall decide the same.
Section 3. Notification of intention of regulating marketing of agricultural produce in specified area
(1) The Administrator may, by, notification, declare his intention of regulating the marketing of such agricultural produce, and in such area, as may be specified in the notification in accordance with the provisions of this Act.
(2) The notification may also be published in any newspaper published in the regional language and circulating in the area specified under sub-section (1), or in such other manner as, in the opinion of the Administrator, is best calculated to bring to the notice of persons in that area, the intention aforesaid.
(3) The notification shall state that any objections or suggestions which may be received by the Administrator, within such period as may be specified in the notification, not being less than one month from the date of publication of the notification in the Official Gazette, shall be considered by him.
Section 4. Declaration of regulation of marketing of specified agricultural produce in market area
(1) On the expiry of the period specified in the notification issued under section 3, and after considering the objections and suggestions, if any, as may be received before such expiry, and holding, wherever considered necessary, an inquiry in the prescribed manner, the Administrator may, by notification, declare an area to be a market area wherein the marketing of agricultural produce specified in the notification shall be regulated in accordance with the provisions of this Act.
(2) A declaration made under this section may also be published in any newspaper published in the regional language and circulating in the area specified under sub-section (1), or in such other manner as, in the opinion of the Administrator, is best calculated to bring to the notice of persons in that area the declaration aforesaid.
(3) On a declaration being made under sub-section (1) no local authority shall, notwithstanding anything contained in any other law for the time being in force, establish, or authorise or allow to be established, or continue, or authorise the continuation of, any place in the market area for the marketing of agricultural produce specified in the declaration.
(4) The Administrator may, in the manner specified in section 3, at any time, exclude any area from a market area, or include therein an additional area, or may declare that the regulation of marketing of any agricultural produce in any market area shall cease or that the marketing of any agricultural produce hitherto not regulated shall be regulated in the market area.
Section 5. Constitution, powers and duties of Delhi Agricultural Marketing Board
(1) The Administrator shall, for the purposes of this Act, establish a Board to be known as the Delhi Agricultural Marketing Board consisting of a Chairman, to be nominated by the Administrator, and twelve other members, of whom four shall be officials and eight non-officials, to be nominated by the Administrator in the following manner, namely:--
(a) the Director and three other officials representing, respectively, the Agriculture Department, the Co-operative Department and the Animal Husbandry Department, of the Delhi Administration, shall be the official members;
(b) the non-official members shall be--
(i) two agriculturists, being members of the Market Committees;
(ii) one member representing the organisations of farmers;
(iii) one progressive agriculturist of Delhi;
(iv) one member representing traders and commission agents licensed under section 34;
(v) one member representing the co-operative societies; and
(vi) two members representing the interests of consumers, of whom one shall be a member of the Metropolitan Council of Delhi.
(2) The Director shall be the ex officio Secretary of the Board.
(3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with powers, subject to the provisions of this Act, to acquire and hold property, and to contract, and shall, by the said name, sue and be sued.
(4) Every non-official member shall hold office for a period of three years, but shall be, on the expiry of the term, eligible for re-nomination and every official member shall hold office during the pleasure of the Administrator:
Provided that, notwithstanding the expiry of the term of office, a non-official member shall continue in office until his successor has been nominated and has assumed office.
(5) No person shall be eligible to become a member of the Board if he--
(a) is below twenty-five years of age;
(b) has been removed from membership of a Market Committee under section 15;
(c) is of unsound mind and stands so declared by a competent court; or
(d) is, or at any time has been, adjudicated insolvent or convicted by a criminal court, whether within or outside the Union territory of Delhi, of any offence which, in the opinion of the Administrator, involves moral turpitude:
Provided that the disqualification on the ground of conviction by a criminal court shall not apply after the expiry of five years from the date on which the conviction became final and effective.
(6) The Chairman of the Board may resign by writing under his hand addressed to the Administrator and any other member may resign by writing under his hand addressed to the Administrator through the Chairman of the Board and the resignation shall take effect from the date on which it is accepted by the Administrator.
(7) The Administrator may remove from office any non-official member of the Board who has become subject to any of the disqualifications specified in sub-section (5) or who, in his opinion, is remiss in the discharge of his duties or has ceased to represent the interest to represent which he was nominated:
Provided that no non-official member shall be removed from office except after giving him a reasonable opportunity of showing cause against the proposed action.
(8) A casual vacancy caused by death, resignation or removal of a member, or otherwise, in the Board shall be filled by fresh nomination and the person nominated to fill the vacancy shall hold office for the remainder of the term of office of the member in whose place be was nominated.
(9) The Administrator shall exercise superintendence and control over the Board and its officers and may call for such information as he may deem necessary and, in the event of his being satisfied that the Board is not functioning properly or is persistently making default in the performance of the duties imposed on it by or under this Act or is abusing its powers or is guilty of corruption or mismanagement, may suspend the Board till such time as a new Board is constituted, and make such arrangements for the exercise of the functions of the Board as he may think fit:
Provided that no order of suspension as aforesaid shall be made except after giving the Board a reasonable opportunity of showing cause against the proposed action:
Provided further that a new Board shall be constituted within a period of six months from the date on which the Board is suspended.
(10) The Board shall exercise superintendence and control over the Market Committees.
(11) The Administrator or the Chairman or the Secretary of the Board or any other official of the Board authorised in this behalf by the Board may call for from any Market Committee or any trader, godown keeper or any other functionary operating within the market area any information or return relating to, agricultural produce and shall have the power to inspect the records and accounts of such Market Committee, trader, godown keeper or other functionary.
(12) The Board may transfer the Secretary or any employee dealing with accounts from one Market Committee to another Market Committee and exercise such other powers and discharge such other duties as may be specified in the regulations framed by the Board.
(13) Subject to the provisions of this Act and the rules and regula(c)tions made thereunder, the Board may employ such persons for the per(c)formance of its functions as it may consider necessary and the method of recruitment, the scale of pay and other conditions of service of such persons shall be such as may be provided in the regulations made by the Board in this behalf.
(14) (a) Subject to the rules made under this Act, an estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared and passed by the Board and submitted every year, not later than the prescribed date, to the Administrator for his, sanction.
(b) The Administrator may sanction the budget of the Board with such alterations or modifications as he may think fit and the budget soaltered or modified by the Administrator shall be the budget of the Board for the year.
(c) The budget as sanctioned by the Administrator shall be returned to the Board within two months from the date of the receipt, thereof and if it is not so returned within the said period of two months, it shall be presumed that the budget, as presented by the Board, has been duly sanctioned by the Administrator.
(15) Five members shall constitute a quorum at a meeting of the Board:
Provided that, if a meeting is adjourned for want of quorum, no quorum shall be necessary for the next meeting called for transacting the same business.
(16) All questions which come up before a meeting of the Board shall be decided by a majority of votes of the members present and voting and, in the case of an equality of votes the Chairman, or in his absence the person presiding, may exercise a second or casting vote.
(17) The Board may, with the approval of the Administrator, delegate any of its powers to its Chairman, Secretary or any of its other officers:
Provided that the person to whom such power is delegated shall function under the superintendence, direction and control of the Board.
(18) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the constitution thereof.
(19) Subject to the rules made under this Act, the Board may, with the approval of the Administrator and by notification, make regulations for--
(a) regulating the transaction of business at its meetings;
(b) delegation of duties and powers of the Board to its Chairman or secretary or any other officer employed by it;
(c) generally, the efficient conduct of the affairs of the Board.
Section 6. Establishment of markets
(1) For every market area, there shall be established a principal market, and there may also be established one or more subsidiary markets, for the marketing of agricultural produce.
(2) The Director shall, as soon as possible after a declaration is made under sub-section (1) of section 4, by notification, establish any place (including any structure, enclosure, open space or locality) in any market area to be the principal market for the marketing of the agricultural produce specified in such notification and may, by the same notification or by a subsequent notification, establish in any other like places in the market area subsidiary markets for the marketing of such agricultural produce.
Section 7. Establishment of special markets
(1) Where the Administrator is satisfied that on account of the specialised nature of marketing of any commodity, like fish, fresh fruits, fresh vegetables, sheep, wool or cattle, in any area, it is expedient to ensure the efficient regulation of the marketing of such commodity in such area, he may establish,--
(a) in such area special markets for such commodities, and
(b) independent market committees in relation to such special markets notwithstanding that such area falls within the local limits of the jurisdiction of any other Market Committee or Committees already functioning in that area,
and every such special market and independent market committee shall be established and constituted in the same manner in which a market and Market Committee is established and constituted under this Act.
(2) Where a special market is established under sub-section (1), the Administrator may, by notification, declare that the provisions of this Act shall, with such modifications, restrictions or limitations as may be specified in the notification, apply in respect of such special market.
Section 8. Constitution of Market Committees
(1) Without prejudice to the provisions of section 7, there shall be constituted by the Administrator, for every market area, a Market Committee; and different Market Committees may be constituted for regulating the marketing of different kinds of agricultural produce marketed in the same market area or any part thereof.
(2) Every Market Committee shall exercise such powers and discharge such functions as may be vested in it by or under this Act.
Section 9. Composition of Market Committees
(1) Subject to the provisions of sub-section (2), every Market Committee shall consist of the following fourteen members, namely:--
(a) six members to be elected by the agriculturists residing in the market area and holding agricultural land in the Union territory of Delhi:
Provided that where the Administrator is satisfied that the bulk of the arrivals in any market in the market area are from outside the Union territory of Delhi, he may nominate such number of members, not exceeding fifty per cent, of the members representing agriculturists, as he may think fit, and such nomination shall be made from among the residents of the six neighbouring States, namely, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan and Uttar Pradesh;
(b) two members to be elected by the traders and commission agents holding licences to operate as such in the market area;
(c) the Chairman of the co-operative society engaged in the business of processing or marketing of agricultural produce in the market area:
Provided that, if there be more than one such co-operative societies in the market area, then the managing committees of all such societies shall meet together and elect the Chairman of one of such co-operative societies as a member of the Market Committee:
Provided further that where there is no such co-operative society in the market area, the Administrator may nominate a member to represent the persons doing the business of processing or marketing of agricultural produce in the market area;
(d) one member to be elected by the members of the local authority within the local limits of whose jurisdiction the principal market in relation to that Market Committee is situated:
Provided that a person to whom a licence has been granted under section 34 shall not be eligible for election under this clause;
(e) one member to be elected by the licenced weighmen and measurers;
(f) one member of the Metropolitan Council of Delhi to be elected by that Council from amongst its members, to represent the interests of consumers;
(g) two members to be nominated by the Administrator of whom one shall represent the interests of consumers.
(2) When a Market Committee is constituted for the first time, all the members thereof, including the Chairman and the Vice-Chairman, shall be nominated by the Administrator.
(3) Without any prejudice to the provisions of sub-section (2), the Chairman of a Market Committee shall be nominated by the Administrator from among the members of the Committee.
(4) Subject to the provisions of sub-section (2), every Market Committee shall elect one of its elected members to be its Vice-Chairman.
Section 10. Incorporation of Market Committees
Every Market Committee shall be a body corporate by such name as the Administrator may, by notification, specify and shall have per-petual succession and a common seal and may, in its corporate name, sue and be sued and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold and dispose of property, both movable and immovable, and to do all other things necessary for the purposes for which it is constituted.
Section 11. Election and term of office of members
(1) Except as otherwise provided in this Act and subject to the provisions of sub-section (2) of section 9, the members of a Market Committee shall be elected by the individuals, authorities or bodies referred to in sub-section (1) of section 9.
(2) The manner of election, preparation and maintenance of the lists of voters, qualifications of members, disqualifications for being chosen as, and for being, a member, the right of vote, the payment of deposit and its forfeiture, determination of election disputes, publication of the names of members elected, and all matters ancillary thereto shall be such as may be prescribed.
(3) If, for any reason, any body of persons, local authority or co-operative society or managing committee thereof fails to elect members of any Market Committee, the Director shall give notice in writing requiring such body of persons, local authority or co-operative society or managing committee thereof to elect members within one month from the date of service of such notice; and on the failure of such body, authority, society or committee to elect members within the aforesaid period, the Director shall nominate the required number of persons who are qualified to be elected under this Act representing such body of persons, local authority or co-operative society or managing committee thereof.
(4) Except as otherwise provided in this Act, a member of a Market Committee (not being a committee constituted for the first time) shall hold office for a period of three years and the members of a Market Committee constituted for the first time shall hold office for a period of two years:
Provided that the Administrator may, by notification, extend the term of office of members of any Market Committee for a period not exceeding one year.
(5) The names of the members of a Market Committee who have been elected or nominated shall be published in the Official Gazette.
(6) Upon the publication of the names of all the members of a Market Committee after election or nomination or, as the case may be, upon the publication of the names of at least nine members of such Committee in the Official Gazette, the Market Committee shall be deemed to be duly constituted.