English — official source version
hapm_1961_pdf.pdf.txt
MANUAL OF
HARYANA STATE AGRICULTURAL
PRODUCE MARKETS LAW
ACT, RULES & BYE-LAWS
HARYANA STATE AGRICULTURAL MARKETING BOARD
Sector 6, Panchkula
e-mail : hsamb@hry.nic.in - website : www.hsamb.gov.in
For Office use only
Published by :
lè¼ fdlku] gekjh igpku
[ THE PUNJAB AGRICULTURAL PRODUCE MARKETS ACT, 1961,
(PUNJAB ACT NO. 23 OF 1961)
Received the assent of the President of India on the 18th May, 1961, and
first published for general information in the Punjab Government
Gazette (Extraordinary), Legislative Supplement, of the 26th May, 1961]
1 2 3 4
Years No. Short Title Whether repealed or otherwise
affected by Legislation
1961 23 The Punjab Agricultural
produce Markets Act,
1961
Amended by Punjab Act 3 of 19222 Amended by Punjab
Act 40 of 19623 Amended by Punjab Act 40 of 19634
Amended by Punjab Act 2 of 19665 Amended by
Haryana Act 28 of 19696 Amended by the Punjab state
Agricultural marketing Board and Marketin Committees
(Reconstitiution and Reorganisation), Order Amended by
Haryana Act 25 of 19708
Amended by Haryana ACt 30 of 19719
1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraodinary),
1969, Page 1047.
2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),
1962, Page 512.
3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary),
1962, Page 1640.
4. For Statement of Objectis and Reasons, see Punjab Government (Extraordiary), 1963,
Page 1106.
6. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1969, Page 508.
7. See Government of India Ministry of Home Affairs, Natification No. 3021, dated 18th July
1969. published in Gazette of India (Extra.), Part II, Section 3 (ii), of 21st July, 1969.
8. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1971, Page 990.
The Punjab Agricultural Produce Markets [Punjab Act]
1 2 3 4
Amended by Haryana Act 31 of 19711
Amended by Haryana Aet 46 of 19712
Amended by Haryana Act 4 of 19723
Amended by Haryana Act 23 of 19724
Amended by Haryana Act 21 of 19735
Amended by Haryana Act 32 of 19746
Amended by Haryana Act 10 of 19747
Amended by Haryana Act 17 of 19758
Amended by Haryana Act 21 of 19769
Amended by Haryana Act 5 of 197610
Amended by Haryana Act 22 of 197711
Amended by Haryana Aet 13 of 197812
Amended by Haryana Act 19 of 197813
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1971, Page 1038.
2. For Statement of Objects and Reasons, See Haryana Covernment Gazette
(Extraordinary), 1971, Page 1208.
3. For Statement of Objects and reasons, see Haryana Government Gazette
(Extraordinary), 1972, Page 48.
4. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1972, Page 1200.
5. For Statement of Objects and Reasons, see Haryana Governemtn Gazette
(Extraordinary), 1974, Page, 275.
6. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1973, Page 1426.
7. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1974, Page 118.
8. for Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1974, Page 1852.
9. For Statement of Object and Reasons, see Haryana Government Gazette
(Extraordinary), 1975 Page 828.
10. For Statement of Objects and Reasons, see haryana Government Gazette
(Extraodinary), 1976, Page 1640.
11. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1977, Page 1640.
12. For Statement of Objects and Reasons, see Haryana Government Gazette
(Extraordinary), 1978, Page 210.
13. For Statement of Objects and see Haryana Government Gazette (Extraordinary), 1978,
Page 1162.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
1 2 3 4
Amended by Haryana Act 10 of 19711
Amended by Haryana Aet 19 of 19802
Amended by Haryana Act 28 of 19803
Amended by Haryana Act 38 of 19804
Amended by Haryana Act 23 of 19865
Amended by Haryana Act 4 of 19886
Amended by Haryana Act 18 of 19887
Amended by Haryana Act 24 of 19888
Amended by Haryana Act 2 of 19889
Amended by Haryana Act 1 of 198910
AN ACT
“to provide for improved regulation in marketing of agricultural produce, development of
efficient marketing system, promotion of agri-processing and agricultural export and the
establishment and proper administration of markets for agricultural produce in the State of
Haryana and to put in place an effective infrastrucuture for marketing of agricultrual produce and
lay down procedures and systems thereto.”
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1979, Page 506.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1980, Page 444.
3. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1980, Page 1296.
4. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1980, Page 2223.
5. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1986, Page 1310.
6. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1987, Page 2018.
7. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1988, Page 368.
8. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1988, Page 1316.
9. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1989, Page 387.
10. For Statement of Objects and Reasons, see Haryana Government Gazette (Extrordinary)
1989, Page 1799.
11. Substituted for the Words “State of Punjab” see haryana” by Punjab State Agricultural
Marketing Board and Marketing Committes (Reconstitution and Reorganisation), Order,
1969.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Short title extent
and
commencement
Be it enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic
of India as follows :-
1[(1)] This Act may the called the Punjab Agricultural Produce markets Act, 1961.
1[(2)] It extends to the State of Punjab & Haryana, the territories transferred to the Union
Territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of
1966) and the Union Territory of Chandigarh.]
2. In this Act, unless the context otherwise requires,
(aa) “agriculturist” means a person who is a resident of notified market area and who is
engaged in production of agricultural produce by himself or by hired labour or otherwise,, but
does not include any market functionary. If a question arises whether any person is an
agriculturist or not for the purpose of this Act, the decision of the Collector of the district in
which such person is engaged in the production or growth of agricultural produce shall be
final;
2 [(b) “Board” means the Punjab State Agricultural marketing Board or the Haryana state
Agricultural Marketing Board established under the Act for the state of Punjab or the State of
Haryana and including the Administrator of the Union Territory of Himachal Pradesh
functioning as the Board for the transferred territory and the administor of the Union Territory
of Chandigarh functioning as the Board for the Union Territory of Chandigarh.]
(c) “broker” means a persons other than a private servant or an auctioneer, usually employed
on commission to enter into contracts on behalf of others for the purchase or sale of
agricultural produce;
‘(ca) “business” means purchase-sale, processing, value addition, storage, transportation
and connected activites of agricultural produce;
(cb) “buyer” means a person a firm, a company or co-operative society or governernment
agency, public andertaking/public agency or corporation, commission agentwho himself or
on behalf of any other person or agent buys or agrees to buy agricultural produce in the
market area as notified under this Act;
3 [(cc) “Chief Administrator” means the Chief Administrator of the Board :]
(d) “Committee” means a market Committee established and constituted under sections 11
and 12 :
4(da) “contract farming” means farming by a contract farming producer under a written
agreement with contract farming sponsor to the effect that his farm produce shall be
purchased as specified in the agreement;
Definitions.
1. Substitued for old sub-section (2) by the Punjab State Agricultural Marketing board and
Marketing Committees (Reconstitution and Reorganisation), Order, 1969.
2. Substituted by the Punjab State Agricultural Marketing Board and Marketing Committee
(Reconstitiution and Reorganisation), Order, 1969.
3. Inserted by ibid.
4. Inserted by Haryana Act 28 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
(db) “contract farming agreement” means an agreement made for contract farming between
contract farming sponsor and contract farming producer;
(dc) “contract farming producer” means an agriculturist, association of agriculturists, self-help
group, authorised tenants of agriculturist, co-operative societies registered under the Haryana Co-operative
Societies Act, 1984 (22 of 1984), and shall include the successors, heirs, executors and representatives of
the party executing the agreement;
(dd) “contract farming sponsor” means a person, a sole proprietor, a company registered under the
Companies Act 1956 (1 of 1956), a (9 of 1932), a Government agency, a co-operative society registered
under the Haryana Co-operative Societies Act, 1984 (22 of 1984), and shall include its administrators,
successors, representatives and assignees;
(e) “Cooperative Society” means a Co-operative Society registered or deemed to be registered under the
Punjab Co-operative Societies Act, 1954, *3 [or any other corresponding law for the time being in force]
which deals in the purchse, sale, processing or storage of agricultural produce, or is otherwise engaged in
the business of disposal of agricultural produce;
(f) “dealer” means any person who within the notified market area sets up, establishes or continues or allows
to be continued any place for the purchase,
sale, storage or processing of agricultural produce notified under sub-section (1) of section 6 or
purchases, sells stores, or processes such agricultural produce;
1[g] “Director” means the Director of Marketing for the State of Punjab or the State of Haryana or the
transferred territory of the Union territory of Chandigarh, as the case may be, and includes a joint Director of
Marketing]
(h) “Godown keeper means a person, other than a producer who stores agricultural produce for
himself for sales or stores agricultural produce of others in lieu of storage charges;
2[hh] “Licensee” means a dealer to whom a licence is granted under section 10 and the rules made
under this Act and includes any person who purchases or sells agricultural produce and to whom a licence
is granted as Kacha Arhtia or Commission agent or otherwise but does not include a person licenced under
section 13.}
1. Subsituted for clause (g) by the Punjab State Agricultural Marketing Board and Marketing
Committees (Reconstitution and Reorganisation), Order, 1969.
2. Clause (hh) inserted by Haryana Act 5 1976 and shall always be deemed to have to have been
inserted.
3. Clause (i) omitted by Punjab Act 40 of 1963.
4. Clause (kk) added by Punjab Act 40 of 1963.
5. Subsititued by Haryana Act 28 of 1980.
6. Inserted by ibid w.e.f. 7-4-1979.
7. Inserted by Haryana Act 18 of 1998.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Construction of
certain
references in
the Act.
(i) “Market” means any area including all lands with the buildings thereon, within such
distance of the Principal market or sub-market yard, as may be notified in the Official
Gazette by the State Government, to be a market proper;
‘(ia) “marketing” means all activities involved in the flow of agricultural produce from
the production points commencing from the stage of harvest till these reach the
ultimate consumers viz. grading, processing, storage, transport, channels of
distribution and all other contract farming;
(k) Market proper” means any area including all lands with the buildings
thereon, within such distance of the Principal market or sub-market yard, as may be
notified in the Official Gazette by the State Government, to be a market proper;
4[kk] “member” includes the 5(Chairman and the Chief Administrator) of the
Board;)]
(l) “notified market area” means any area notified under section 6;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “principle market yard” and “sub-market yard” means an enclosure,
building or locality declared to be a principle market yard and sub-market yard under
section 7;
6[nn “processing” means giving a treatment or a series of treatment to an
agricultural produce in order to make it fit for use or consumption and includes
manufacturing 7(out) of an agricultural produce;]
1[o] “producer” means a person whose sole avocation is to produce, grow or rear
agricultural produce, through tenants or otherwise. If a question arises as to whether
any person is a producer or not for the purposes of this Act, the decision of the Deputy
Commissioner of the district concerned shall be final:
Provided that no person shall be disqualified from being a producer merely on
the ground that he is a member of a Co-operative Society:
provided further that a person shall be disqualified from being a producer if he
subsequently obtains a licence under section 10 or section 13 of this Act.
Explanation.-The term “producer” shall also include tenants.
(p) 2[* * * * * * *]
(q) “retail sale” means sale of agricultural produce not exceeding such
quantity as may be prescribed:
(r) “Secretary” means the Executive Officer of a Committee and includes an Assistant
Secretary or a person officiating or acting as Secretary:
(s) “trade allowance” includes an allowance having the sanction of custom in the notified
market area concerned and market charges payable to various functionaries;
3[t] “transferred territory” means the territory transferred to the Union territory of Himachal
Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966)].
4[2A] In the application of the provisions of this Act,-
(1) to the State of Haryana, any reference therein to any expression mentioned in column
(1) of the Table below shall be construed as a reference to the corresponding expression
mentioned in column (2) of the said Table.
TABLE
1 2
State Government.
Punjab State or State of
Punjab Except in section
1of the Act.
State Agricultural Marketing
Board
The Government of the State of
Haryana.
State of Haryana.
Haryana State Agricultural
Marketing Board.
1. Clause (o) substituted by Haryana Act 21 of 1973 and futher substituted by Haryana Act
4 of 1998.
2. Clause (p) deleted by the Punjab State Agricultural Marketing Board and Marketing
Committees (Reconstitutions and Reorganisation), order 1969.
3. Clause (t) added by ibid.
4. Section 2-A added by the Punjab Agricultural Marketing Board and Marketing
Committees (Reconstitution and Reorganisation), Oreder, 1969.
The Punjab Agricultural Produce Markets
Act, 1961
3. (1) The State Government may, for exercising the powers
conferred on and performing the functions and duties assigned to the Board by
or under this Act, establish and constitute a State Agricultural Marketing Board,
consisting of 1[a Chairman 2(and a Chief Administrator, who shall be an officer of
the rank of the Head of the Department,) to be nominated by the State
Government and eleven other members of whom four shall be officials and
seven non-officials] to be nominated by the State Government in the following
manner :-
3[a] official members shall include the Director and three officials, one representing
the Agriculture Department, the second representing the Co-operative
Department, and the third representing the Animal Husbandry Department;]
(b) of the non-official members-
(i) one shall be producer member of Committees;
(ii) one shall be member of the other registered organisations
of the farmers’
(iii) one shall be progressive producer of the State of Haryana;
(iv) one shall be from among such persons licensed under
section 10 as are members of the committee; 5 X X X]
(v) one representing co-opertive societies.
(vi) one shall be amongst the persons licensed under section
10; and
(vii) one representing Panchyat Samities.
7[2)] The Director shall be the ex-officio Secretary of the Board.]
8[(3)] The Board shall be a body corporate as well as a local authority by the
name of the State Agricultural Marketing Board having by the name sue and
be sued, and shall, subject to the provisions of this Act, be competent to
acquire and hold property both movable or immovable, to lease, sell or
otherwise transfer any movable or immovable property which may have,
become vested in or been acquired by it, and to contract and to do all other
things necessary for the purposes of this Act.]
State Agricultural
Marketing Board
constitution, powers and
duties.
1. Substituted for the words “fifteen other members of whom four shall be officials and five
non-officials” by Haryana Act 32 of 1973.
2. Inserted by Haryana Act 28 of 1980.
3. Substituted for clause (a) of sub-section (1) of section 3 by Punjab Act 40 of 1963.
4. Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees
(Reconstitutions and Reorganisation), Order 1969.
5. Omitted by Haryana Act 32 of 1973.
6. Inserted by Haryana Act 32 of 1973.
7. Substituted for sub-section Act 32 of 1973.
8. Substituted by Haryana Act 4 of 1972.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
5[4] The non official members of the Board shall hold office during the pleasure of the State
Government; provided that their term of office shall not exceed three years.]
(5) No person shall be eligible to become a member of the Board who-
(a) does not ordinarily reside within the 1[State of Haryana];
(b) is below twenty-five-years of age;
6(c) [* * * * * * * *]
(d) is of unsound mind ; or
(e) has been declared as insolvent or sentenced by a criminal court, whether within or outside
the 1[State of Haryana] for an offence involving moral turpitude :
2 [Provided that the disqualification incurred under,-
6(i) [* * * * * * * * *]
(ii) Clause (e), on the ground of a sentence by a criminal court, shall not apply after the expiry
of four years from the date on which the sentence has expired.]
(6) A member of the Board may resign from membership by tendering his resignation to the
State Government through the Chairman of the Board and the seat of such member shall
become vacant on the date of acceptance of his resignation:
3[Provided that the Chairman 4and the Chief Administrator) of the Board may resign by
tendering his resignation to the State Government.]
7 * * * * *
6[7A] Whenever any member of the Board dies, resignS, ceases to reside within the State
of Haryana or otherwise becomes incapable of acting as a member of the Board 8(or any
vacancy occurs otherwise) the state Govt. may appoint another member in his place in
the manner as provided in sub-section (1) to whichever category the vacating member
belongs; provided that the term of office of the member so appointed shall expire on the
same date as the term of office of the vacating member would have expired had the latter
held office for the full period allowed under sub-section (4).].
1. Subsituted for the Words “Punjab State” by the Punjab State Agricultural Marketing
Board and marketing Committee (Reconstitution and Reorganisation) Order, 1969.
2. Substituted for proviso to sub-section (5) of section 3 by Haryana Act 30 of 1971.
3. Proviso to sub-section (6) of section 3 added by Punjab Act 40 of 1963.
4. Inserted by Haryana Act 28 of 1980.
5. Inserted by H.A. 4 of 1980 and further substituted by H.A. 24 of 1988.
6. Omitted by H.A. 2 of 1989.
7. Inserted by H.A. 2 of 1986.
8. Inserted by Haryana Act 2 of 1989.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
(8) The State Government shall exercise superintendence and control over the Board and its officers
and may call for such information as it may deem necessary and, in the event of its being satisfied
that the Board is not functioning properly or is abusing its powers or is guilty of corruption or
mismanagement, it may suspend the Board and, till such time as a new Board is constituted, make
such arrangements for the exercise of the functions of the Board as it may think fit:
Provided that the Board shall be constituted within six months from the date of its suspension.
(9) The Board shall exercise superintendence and control over the Committees.
1[(10) The State Government, the Deputy Commissioner, Sub-Divisional Officer (Civil)- (the Chairman, the
Chief Administrator) or Secretary of the Board or any other officer of the Board authorised in this
behalf by the Board, may call for any information or return relating to agricultural produce from a
Committee or a godown-keeper or other functionaries and shall have the power to inspect the
records and accounts of a Committee and stock and accounts of any godown-keeper or other
functionaries for that purpose.]
2[(11) * * * * * *]
2[(12) * * * * * *]
(13) Subject to 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 for
sanction of the State government not later than prescribed date. The State Government shall
sanction and return the budget within two months from the date of the receipt thereof. If it is not
received within two months, it shall be presumed to have been sanctioned.
(14) Subject to rules made under this Act, the Board may, with the approval of the State Government,
frame bye-laws for-
(a) Regulating the transaction of business at its meetings :
(b) the assignment of duties and powers of the Board to its Chair man, Secretary or persons
employed by it; and
(c) Such other matters as may be prescribed.
1. Substituted by Haryana Act 21 of 1973 and further substituted by Haryana
Act 28 of 1980.
2. Omitted by Haryana Act. 21 of 1973.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Execution of
contracts by Board.
(15) 1[Four] 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 at the next meeting called for transacting the same
business.
(16) All questions before a meeting of the Board shall be determined by a
majority of votes of the members present and voting and, in case of
equality of votes, the Chairman may exercise a casting vote.
(17)(i) The State Government may delegate to the Board or its 2[Chairman,
Chief Administrator] or Secretary, any of the powers conferred on it by
or under this Act; and
(ii) the Board may, under Intimation to Government, delegate any of its
powers to its 2[Chairman, Chief Administrator], Secretary, or any of its
officers.
(18) The headquarters of the Board shall be located at a place to be
determined by the State government.
(19) No act or proceeding of the Board shall be invalid by reason only of the
existence of any vacancy among its members or any defect in the
constitution thereof.
3[3A(1) Every contract entered into by the Board shall be in writing and shall be
signed on behalf of the Board by the Chief Administrator or any Group A
Officer of the Board duly authorised by him in this behalf and shall be
sealed with the common seal of the Board.]
(2) No contract other than a contract executed as provided in sub-section
(1) shall be binding on the Board.]
4. 4[X X X X X]
5. The State Government may, by notification, declare its intention of
exercising control over the purchase, sale, storage and processing of such
agricultural produce, and in such area as may be specified in the notification.
Such notification shall state that any objection or suggestions which may be
received by the State Government within a period of not less than thirty days
to be specified in the notification, will be considered.
Notification of
intention of exercising
control over
purchase, sale,
storage and
processing of
agricultural produce
in specified area.
1. Subsituted for the word “Seven” by the Punjab State Agricultural marketing Board and
Marketing Committees (Reconstitution and Reorganistion Order, 1969.
2. Substituted for the word “Chairman” by the Punjab Act 40 of 1963 and further substituted
by Haryana Act 28 of 1980.
3. Section 3-A added by Haryana Act 4 of 1972 Section 3 further sub. by H.A. 38 of 1980
further substituted by Haryana Act 2 of 1989.
4. Section 4 omitted by Haryana Act 22 of 1977 and shall always be deemed to have been
omitted.
No. 23 of 1961] The Punjab Agricultural Produce Markets
Act, 1961
6. (i) After the expiry of the period specified in the notification under
section 5 and after considering such objections and suggestions as may
be received before the expiry of such period, the State Government may,
by notification and in any other manner that may be prescribed, declare
the area notified under section 5 or any portion thereof to be a notified
market area for the purposes of this Act in respect of the agricultural
produce notified under section 5 of any part thereof.
1[ (2) * * * * * *]
1[ (3) * * * * * *]
(4) for the removal of doubts, it is hereby declared that a notification
published in the Official Gazettee under this section or section 5 shall have
full force and effect notwithstanding any omission to publish, or any
irregularity or defect in the publication of, a notification under this section
or under section 5 as the case may be.
1[ 6A. (1) The State Government may, by notification, declare its intention-
(i) to alter the limits of a market area by including therein any other area in
the vicinity thereof or by excluding therefrom any area comprised therein :
or
(ii) to amalgamate two or more market areas and constitute one
Committee thereof ; or
(iii) to split up a market area and to constitute two or more Committees
therefor.
(2) Every Notification issued under sub-section (1) shall define the limits
of the area which is intended to be included in or excluded from a market
area, or of the market area intended to be amalgamated into one, or of
the area of each of the market intended to be constituted after spliting up
an existing market area, as the case may be, and shall also specify the
period which shall not be less than thirty days within which objections, if
any, shall be received by the State government.
6.B (1) Any inhabitant of the market area or of the area affected by the
notification issued under sub-section (1) of section 6A may, if he objects to
anything contained therein, submit his objections in writing to the State
Government within the period specified for this purpose in the said
notification
(2) When the period specified in the said notification has expired and the
State government has considered and passed orders on such objections
as may have been submitted to it within the said period, the State
Government may, by notification.-
(a) include the area or any part thereof in the market area or exclude it
therefrom ; or ]
Declaration of notified
market area.
Notifiction of intention to
alter limits of or to
amalgamate or to split up
markets areas.
Procedure subsequent to
notification under section
6A.
1. Omitted by Haryana Act 21 of 1973.
2. Inserted by Haryana Act 21 1973.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Power of State
Government to
issue consequential
order with respect
to constitution, etc.
of Committee on
alteration of limits,
amalgamation or
spliting up.
(b) constitute a new Committee for the market area amalgamated :
or
(c) split up an existing market area and constitute two or more Committees for
such areas, as the case may be.
6C. Where a notification under section 6B has been issued the State
Government may make such consequential orders as it may deem fit in
respect of -
(a) the constitution of the Committee for the altered area where an area has
been included in or excluded from market area ;
(b) dissolution of the existing Committee which have been amalgamated and
the constitution of the new committee there for ;
(c) the dissolution of the Committee split up and the constitution of the
Committees established in its place thereafter and matters ancillary thereto.
6(D) Where a notification under section 6B has been issued excluding any area
from the market area and including any such area in any other market area
the State Government shall after consulting the Committee frame a scheme
to determine what portion of the assets and other properties vested in one
Committee shall vest in the other Committee and in what manner the
liabilities of the Committees shall be apportioned between the two
Committees and such scheme shall come into force on the date of
publication in the Official Gazette.
6E. On the issue of a notification under section 6B constituting a new Committee
for the market areas amalgamated the following consequences shall ensue,
namely-
(a) all the property under the control of a Committee immediately before the
date of amalgamation including funds shall be the property and fund of the
new Committee ;
(b) the staff of the Committees of the amalgamated market areas shall, until
otherwise ordered by the Act, be continued and deemed to be the staff
appointed by the new Committee ;
(c) all rules, bye-laws, orders and notifications in force in the area of the
Committees amalgamated immediately before the date of amalgamation shall,
except the rules, bye-laws, orders and notifications in respect of such matters, as
may be specified by the State Government by notification issued in that behalf,
stand repealed and the rules, bye-laws, order, and notifications in respect of
matters specified therein shall operate, throughout the area of new Committee until
altered, amended or cancelled in accordance with the provisions of this Act ;
Effect of alteration
of limits.
Effect of
amalgamation.
The Punjab Agricultural Produce Markets
Act, 1961
(d) any right, privilege, obligation or liability acquired, accrued or
incurred by the Committees amalgamated shall be deemed to be the right,
privilege, obligation or liability acquired, accrued or incurred by the new
committee.
6F On the issue of notification under section 6B splitting up a market
area into two or more market areas the following consequences shall ensue,
namely -
(a) All rules, by-laws and orders, in force in the area of the original
Committee immediately before the market area of such Committee is split
up, shall continue to be inforce in the areas comprised in the new
Committees until altered, amended or cancelled in accordance with the
provisions of this Act;
(b) All property vested in the original Committee shall subject to any orders
of the State Government be held and expended by the Board for the
purposes of the areas of the newly constituted Committees.
6G. (1) The assets and liabilities of Committee of the original market
area shall in accordance with the provisions of the Act be apportioned by the
State Government between several Committees of the new market areas
newly constituted.
(2) The staff of the committee of the original market area shall be
absorbed by the Committees newly constituted, in accordance with the
orders of the Board issued in this behalf.
6H. (1) The Committee or Committees of the new market area or areas
shall be deemed to be the representative of the original Committee or
Committees for the purposes of suing or being sued or for continuing
pending suits or proceedings by or against the Committee or Committees of
the original market area or areas.
(2) If any dispute arises between the Committees as regards their
respective liability or claim under decree or order the matter shall be referred
to the State Government whose decision shall be final.
6I. When under section 6B a new Committee is constituted by
amalgamation of two or more Committees or where two or more new
Committees are constituted by splitting up of an existing Committee, the pay
and allowances, pension and retirement benefits, if any, of all employees of
the Committees amalgamated or split up shall be the pay and allowances,
pension and retirement benefits as in force immediately before the date of
amalgamation or splitting up, as the case may be.]
7 (1) For each notified market area, there shall be one principal market yard
and one or more sub-market yards as may be necessary.
(2) the State government may, by notification, declare any enclosure,
building or locality in any notified market area to be principal market yard for the
area and other enclosures, building or localities to be one or more sub-market
yards for the area.
Effect of splitting up.
Apportionment of
assets and liabilities
of Committee split up.
Suits by or against
new Committee.
Saving as to existing
employees of
Committees or
Committees
amalgamated or split
up.
Declaration of market
yards.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Control of sale and
purchase of
agricultural
produce.
1[8(1) From the date of issue of notification under section 6 or from such
later date as may be specified therein, no person, unless exempted by rules
made under this Act, shall, either for himself or on behalf of another person
or the State Government, within the notified market area, set up, establish or
continue or allow to be continued any place for the purchase, sale, storage
and processing of the agricultural produce or purchase, sell, store or
process such agricultural produce except under a licence granted in
accordance with the provisions of this Act, the rules and bye-laws. made
there under and the conditions specified in the licence.
(2) From the date on which the State Government has, by a
notification under section 7, declared any place to be a principal or sub-
market yard, no person, municipal committee, panchayat, panchayat samiti
or any other local authority, not withstanding anything contained in sub-
section (I) or in any enactment relating to such municipal committee
panchayat samiti, panchayat or local authority, shall be competent to set
up, establish or continue or allow to be continued any place within a
distance of five kilometers from the outer limits of such market yard for the
purchase and sale of any agricultural produce:
Provided that nothing herein contained shall apply to the sale of agricultural
produce stored in a cold-storage or processed and kept in a factory.
(3)Nothing contained in sub-sections (1) and (2) shall apply to
(a) the sale of agricultural produce by a producer himself to any person who
purchases it for his private consumption ;
(b)the purchase by a person from any person of any agricultural produce for
his private consumption ;
(c) the sale or purchase of agricultural produce through retail sale ; and
(d)The storage or the sale of hypothecated agricultural produce by a
scheduled bank or ware house established under the Warehousing
Corporations Act, 1962, or the Punjab Warehouses Act, 1957.
(4)The State Government may, for reasons to be recorded in writing, exempt
any class of dealers from the provisions of sub-sections (1) and (2)]
1. Substituted by Haryana Act 21 of 1973 and further substituted by Haryana Act 21 of
1975.
2. Subsituted for the words “Chairman of the Board” by Punjab Act 40 of 1963 and further
substituted by Haryana Act 38 of 1980.
3. Substituted for the word “section 6” Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets -16 [Punjab Act]
Act, 1961
Procedure and form
of contract farming
agreement.
8(A) (1) The contract farming sponsor shall register himself with the Committee
or with a prescribed officer in such manner as may be prescribed;
(ii) contract farming sponsor shall get the contract farming agreement executed
with the contract farming producer and get the same registered with the officer
prescribed in this behalf. The contract farming agreement shall be in such form
containing such particuiars and terms and conditions as may be prescribed for
marketing of contract farming produce.
(2) Notwishtanding anything contained in contract farming agreement, no
title, rights, ownership or possession of the land shall be transferred or alienated
or vested in the contract farming sponsor his successor or his agent as a
consequence arising out of the contract farming agreement.
(3) The contract farming sponsor shall be the buyer of the agricultural
produce covered under the contract farming agreement. The business premises
of the sponsor shall be deemed to be the market yard for the purpose of sale
and purchase of agricultural produce covered under contract farming agreement
of that sponsor.
(4) Disputes arising out of the contract farming agreement may be
referred to any authority prescribed in this behalf for settlement. The prescribed
authority shall resoirve the dispute in the summary manner within thirty days
after giving the parties a reasonable opportunity of being heard in the manner
prescribed.
(5) The party aggrived by the decision of the prescribed authority under
sub-section (4) may prefer an appeal to an appellate authority as may be
prescribed, within thirty days from the date of decision. The appellate authority
shall dispose of the appeal within thirty days after the parties reasonable
opportunity of being heard and the decision of the appellate authority shall be
final.
(6) The decision by the presribed authority under sub-section (40 and
decision in appeal under sub-section (5) shall have decrtal amount shall be
recovered as an arrear of land revenue.
(7) Disputes relating to and arising out of contract farming agreement
shall not be called in question in any civil court.’
9. 2[The Chief Administrator] or any other officer authorised by him in
writing in this behalf shall be the authority for granting licences required
under 3[Section 8.]
3[10(1) Any person may apply to the authority specified in section 9 for a licence
which may be granted for such period, in such form, on such conditions and on
payment of such fees and such security as may be prescribed :
Provided that if any person carrying on any business of the nature specified in
sub-section (1) of section 8 in a notiied market area on the date of issue of notification
under sub-section (1) of section 6 fails to appy for a licence on or before the date
specified therein for obtaining licence, the proper authority may, before a licence is
issued, impose on him such penalty not exceeding one hundred rupees as may be
prescribed.]
Authority to whom
applications for
grant of licences
are to be made
Application for
licences fees to be
paid and
cancellation or
suspension of
licences.
1. Substituted for the words “Chairman of the Board” by Punjab Act 40 of 1963 and further
substituted by the Haryana Act 38 of 1980.
2. Substituted for the words “section 6” by Haryana Act 21 of 1973.
3. Substituted by Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets
Act, 1961
(2) 2[The Chief Administrator or any other officer, authorised by him, in writing, in this behalf] may,
on being satisfied that 2[the licence has been obtained through wilful misrepresentation or
fraud or] there has been a breach of any of the conditions specified in a licence, by an
order in writing, cancel or suspend such licence and may also direct that such licence shall
not be renewed for such period not exceeding five months for the first breach and not
exceeding nine months for the second breach and not exceeding one year for every
subsequent breach, as may be specified in that order :
Provided that the Chairman of a Committee of the area concerned may under intimation to
3[the Chief Administrator or any other officer, authorised by him in writing, in this behalf]
suspend a licence for a period not exceeding fifteen days :
Provided further that no such order shall be made without giving the licencee, an
opportunity to show cause why such an order should not be made.
(3) 3[The Chief Administrator or any other Officer, authorised by him, in writing, in this
behalf] after such enquiry as he may consider necessary, refuse a licence to a person who
in his opinion -
(a) is a benamidar for or a partner with any person to whom a licence has been refused or
whose licence is cancelled or suspended under sub-section (2) for the period of such
cancellation or suspension : or
(b) is convicted of an offence affecting the said person’s integrity as a man of business
within two years of such conviction ; or
(c) is undischarged insolvent:
Provided that no such order shall be made without giving such person an opportunity to
show cause why such an order should not be made.
4) Omitted
1. Substituted by Haryana Act 21 of 1973.
2. Inserted by Haryana Act 21 of 1973.
3. Substituted for the words “Chairman of the Board” by Punjab
Act 40 of 1963 and further substituted by Haryana Act 38 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Establishment of
market Committee.
Constitution of
Committees.
11. The State Government shall by notification establish a market committee for every
notified market area and shall specify its headquarters.
1[12 (1) A Committee shall consist of eleven or nineteen members as the State
government may in each case determine, out of whom one shall be an official
appointed by the State Government :
Provided that where in a notified market area there is in existence a Co-operative
Society, the Committee shall consist of twelve or twenty members as the case
may be.
(2) The remaining members shall be nominated by the State Government by
notification as follows :-
(a) if the Committee is to consist of eleven members, there shall be
nominated -
(i) seven members from amongst the producers of the notified
market area:
(ii) two members from amongst the persons licenced under section 10
: and
(iii) one member from amongst the persons licenced under section 13
:
Provided that the members nominated under this clause shall include at least one
person belonging to Scheduled Castes or Scheduled Tribes and one person
belonging to the Backward Classes, who are otherwise qualified to be nominated
as members of the Committee;
(b) if the Committee is to consist of twelve members, there shall be nominated, in
addition to the members specified in clause (a) one member representing the Co-
operative Societies ;
(c) if the Committee is to consist of ninteen members, there shall be nominated -
(i) twelve members from amongst the producers of the notified market area:
(ii) four members from amongst the persons licenced under section 10 : and
(iii) two member from amongst the persons licenced under section 13 :
Provided that the members nominated under this clause shall include at least two
persons belonging to Scheduled Castes or Scheduled Tribes and one person
belonging to the Backward Classes, who are otherwise qualified to be nominated
as members of the Committee;
(d) if the Committee is to consist of twenty members, there shall be
nominated, in addition to the members specified in clause (c), one
member representing the Co-operative Societies ;
1. Section 12 subsituted by Haryana Act 25 of1970 and further substuted by
Haryana Act of 1978 and further substuted by Haryana Act 10 of 1979 and
further substuted by Haryana Act 19 of 1980.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
Provided that where, in the case off sub-clause (iii) or clause (a) or sub-clause
(iii) of clause (c), there are no persons licenced under section 13 or the
number of such persons is less than those required to be nominated, the
deficiency shall be made up by nominating from amongst the persons licenced
under section 10.
(3) No act done, or proceeding taken, under this Act by the Committee shall be
invalid merely on the ground -
(a) of any vacancy or defect in the constitution of the Committee ;
or
(b) of any defect or irregularity in the nomination of a person acting as a
member thereof ; or
(c) of any defect or irregularity in such act or proceeding not affecting the
merits of the case.
(4) Subject to rules made under this Act, the disqualifications specified in sub
section (5) of section 3 shall also apply for purposes of becoming a member of
a Committee.
(5) The State Government shall constitute Committees in accordance with the
provisions of this section :
Provided that the State Government may, until such Committees are
constituted and their Chairmen and Vice-Chairmen are 1[nominated] in
accordance with the provisions of this Act, appoint such person or persons, as
may be considered suitable in this behalf, to exercise the powers and perform
the functions of such Committees.
Explanation.-For the purposes of the proviso to sub-section (5) any person or
persons appointed by the State Government before the commencement of the
Punjab Agricultural Produce Markets (Haryana Amendment) Act, 1980, to
carry out the functions of a Committee shall be deemed to be person or
persons appointed by the Sate Government to exercise the powers and
perform the functions of those Committees for which they were appointed.]
13. (1) It shall be the duty of a Committee
(a) to enforce the provisions of this Act and the rules and byelaws made
thereunder in the notified market area and, when so required by the 2[ *
* * *] Board, to establish a market therein providing such
facilities for persons visiting in connection with the purchase, sale storage,
weighment and processing of agricultural produce concerned as the 2[ *
* * *] Board may from time to time direct ;
Duties and Power
of Committee.
1. Subsituted by Haryana Act 2 of 1989.
2. The words “Chairman of the” omitted by Punjab Act 40 of 1963.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
(b) to control and regulate the admission to the market, to determine the
conditions for the use of the market and to penalize or confiscate the
agricultural produce belonging to person trading without a valid licence ;
(c) to bring, or defend or aid in bringing, or defending any suit, action,
proceeding, application or arbitration, on behalf of the Committee or
otherwise when directed by the Board
1[ * * * * ].
(2) Every person licensed under section 10 or section 13 and every person
exempted under 2[section 8] from taking out license, shall on demand by
the Committee or any person authorised by it in this behalf furnish such
information and returns, as may be necessary for proper enforcement of
Act or the rules and bye-laws made thereunder.
(3) Subject to such rules as the State Government may make in this behalf,
it shall be the duty of a Committee to issue licences to brokers,
weighmen, measurers, surveyors, godown keepers and other
functionaries for carrying on their occupation in the notified market area
in respect of agricultural produce and to renew, suspend or cancel such
licences.
(4) No broker, weighman, measurer, surveyor, godown-keeper or other
functionary shall, unless duly authorised by licence, carry on his
occupation in a notified market area in respect of agricultural produce:
Provided that nothing in sub-sections (3 and (4) shall apply to a person
carrying on the business of warehouseman who is licensed under the
Punjab Warehouses Act, 1957 (Punjab Act No. 2 of 1958).
“3[14. Term of office of members.- (1) Subject to the provisions of
section 17, a nominated member of a Committee shall hold office
3[during the pleasure of the State Government; provided that his term of
office shall not exceed three years from the date of his appointment.]
(2) An outgoing member may, if otherwise qualified, be re-nominated for
another term of three years.]”
Term of office of
members.
1. The words “of the Chairman of the Board” omitted by Punjab Act 40 of 1963.
2. Substituted for the “section 6” by Haryana Act 21 of 1973.
3. Section 14 substituted by Haryana Act 1970 and further subsituted by Haryana Act of 1978
and futher substituted by Haryana Act 19 of 1980 and further substituted by Haryana Act 24
of 1988.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
1[15 1[ x x x x x x]
16. (1) Every Committee shall have a Chairman and a vice-Chairman.
amongst the members who are producers and the Vice-Chairman shall be
4[nominated by the State Government] from amongst the members who
are licencees under sections 10 and 13.
5[Proviso * * * * * *]
6[(2) The Committee may by a majority of two-thirds of the total members
at a meeting specially convened for the purpose, pass a resolution for the
removal of Chairman or Vice-Chairman and any resolution so passed shall
be subject to the confirmation by the Board. The office of the Chairman or
Vice-Chairman, as the case may be, shall stand vacated from the date of
such confirmation.]
7[16-A (* * * * * *)]
17. (1) Whenever any member dies, resigns, ceases to reside
permanently in the notified market area or becomes incapable of acting as
a member of Committee or any vacancy occurs through transfer 1[ *
* * * *] or otherwise, the State Government may
appoint a member to fill in such vacancy in accordance with the provisions
of section 12 :
Provided that the term of office of the member so appointed shall expire
on the same date as the term of office of the vacating member would have
expired had the latter held office for the full period allowed under section
14. 8[* * * * * * * *
* *].
(2) Should the State Government decide to raise the number of
members of an existing Committee 9[from eleven to nineteen] the
additional vacancies shall be filled in accordance with the provisions of
sub-section (1) and the term of office of the additional members appointed
shall be the unexpired portion of the term of the existing members of the
Committee.
10[(3) If any vacancy occurs in the office of the Chairman or Vice-Chairman
of the Committee as a result of death, resignation 11[ ] or otherwise, the
vacancy shall be filled in the manner provided in sub-section (1) of section
16.
3[2Nomination of
Chairman and vice-
Chairman.
Filling of vacancies.
1. Section 14 substituted by Haryana Act 25 of 1970 and further substituted by Haryana Act 13
of 1978 and further substituted by Haryana Act 19 of 1980.
2. Substituted by Act 24 of 1988 dated 6-9-88.
3. Substituted 15 ommitted by Haryana Act 2 of 1989 dated 17-3-89.
4. Renumbered by Haryana Act 23 of 1972.
5. Inserted by Haryana Act 13 of 1978.
6. Substituted by the Haryana Act 13 of 1978 and further substituted by Haryana Act 19 of
1950.
7. Substituted by Haryana Act 24 of 1988 dated 6-9-88.
8. Subsituted by Haryana Act 10 of 1979.
9. Subsituted by Haryana Act 24 of 1988.
*10. Proviso to sub-section (1) omitted by Haryana Act 24 of 1988.
11. Proviso to sub-section (1) of section 16 added by Punjab Act 2 of 1966 and subsituted by
Haryana Act 13 of 1978.
12. Substituted by Haryana Act 23 of 1972.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Incorporation of
Committees
Appointment of
sub-committees and
joint committee and
delegation of
powers.
Constitution of
Marketing
Service.
(4) the Chairman or Vice Chairman so 1[nominated by the State Government]
shall hold office only so long as the person in whose place he is 1[nominated
by the State Government] would have held office if the vacancy had not
occurred.]
(18) Every Committee shall be a body corporate as well as a local authority by
such name as the State Government may specify in the notification
establishing it, shall have perpetual succession and a common seal may sue
and be sued in its corporate name, and shall subject to the provisions of
section 32 be competent to sell or otherwise transfer any movable or
immovable property which may have become vested in or been acquired by it,
and to contract and to do all other things necessary for the purposes for which
it is established :
Provided that no Committee shall permanently transfer any immovable
property except in pursuance of a resolution passed at a meeting specially
convened for the purpose by a majority of not less than three fourth of the
members of the Committee and prior approval of 2[the Chief Administrator].
(19) A Committee may appoint, one or more of its members or other to be a sub-
committee or to be a joint committee or to be an ad-hoc committee for the
administration of the sub-market yard, for the conduct of any work or for
reporting on any matter and may delegate to such committee or any one or
more of its members such of its powers or duties as it thinks fit :
Provided that when any such committee is to consist of, or the powers of the
Committee are delegated to one member the resolution shall operate only
after it is duly approved by the 3[* * * * ] Board.
4[20 (1) There shall be a Marketing Service (hereinafter referred to as the service)
It shall consist of the existing officials of the Board and the Committees and
such other officials as may here after be appointed by the Board on such
terms and conditions as it may deem fit, except class IV employees of the
Committees. The members of the Service shall be deemed to have been
appointed by the Board :
Provided that the officials of the Committees employed after the 31st day of
March, 1973 shall not be the members of the Service.
1. Sub. by H.A. 24 of 1988.
2. Sub. H.A. 38 of 1980.
3. The words “Chairman of the” omitted by Punjab Act of 1963.
4. Substituted by Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets
Act, 1961
(2) The members of the Service shall be governed by the same terms and
conditions on which they are serving under the Board or the Committees
till their terms and conditions are prescribed.
(3) The integration of the officials in the Service shall be made in the
manner prescribed.
(4) The Board shall have the power,-
(a) to determine the strength of the Service and cadres thereof;
(b) to determine the strength of the categories of the officials required
by each Committee.
(5) the Board shall have the power to suspend, remove, dismiss or
otherwise punish the officials in the Service :
Provided that the Committee shall have the power regarding the members
of the Service engaged in managing affairs of the Committee to impose
minor punishment like censure and stoppage of increment.
(6) The Board shall have the power to transfer any member of the Service
anywhere within the State of Haryana.
(7) The powers conferred under this section on the Board and the
Committees shall be exercised subject to such rules as may be made in
this behalf by the State government.
20A. Subject to the rules made under this Act, every Committee shall appoint
such class IV employees as may be necessary for the management of the
market and pay them such salary and allowances as may be fixed by the
Board and shall have the power to control and punish them.]
21. Every member and officer or servant of the Board or a Committee shall be
deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.
22. (1) Every contract entered into by a Committee shall be in writing and shall
be signed on behalf of the Committee by the Chairman or, if for any
reason he is unable to act, by the Vice Chairman, and two other members
of the Committee and shall be sealed with the common seal of the
committee.
(2) No contract other than a contract executed as provided in sub-section
(1) shall be binding on a Committee.
Appointment of class
IV employees.
Persons who are to
be deemed Public
Servants within the
meaning of section 21
of Indian penal Code.
Execution of
Contracts.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Levy of fees.
Passing on burden
of fee.
Octroi not payable
on certain
agricultural
produce.
Marketing
Development Fund.
1[23] A Committee may, subject to such rules as may be made by the State
Government in this behalf, levy on ad-valorem basis fees on the agricultural
produce 2[****] 2[bought or sold or brought for processing by dealers] in the
notified area at a rate not exceeding 3[three rupees] for every one hundred rupees
4[Provided that, except in the case of agricultural produce brought for processing] -
(a) no fee shall be leviable in respect of any transaction in which delivery of the
agricultural produce bought or sold is not actually made; and
(b) a fee shall be leviable only on the parties to a transac- tion in which delivery is
actually made.]
7[23A. (1) Notwithstanding anything contained in section 23, a dealer or licencee may
pass on the burden of fee paid by him under that section and the rules made there
under to the next purchaser or add the same towards the cost of agricultural
produce or the goods processed or manufactured out of it.
(2) Whenever a dispute arises as to the passing on the burden of fee or its
addition towards the cost of agricultural produce or the goods processed or
manufactured out of it. It shall always be presumed, unless proved otherwise, that
the burden of the fee has been passed on to the next purchaser or has been
added towards the cost of the agricultural produce or the goods processed or
manufactured out of it.”
24. Not with standing anything to the contrary contained in the Punjab Municipal Act,
1911, 5[and any other corresponding law for the time being in force] the State
Government may by notification direct that in respect of such agricultural produce,
notified under section 6, brought or received within notified market area, as may
be specified in the notification, no octroi shall be payable by any person to a
Municipal Committee from such dates as may be specified therein.
25. (1) All receipts of the Board shall be credited to a fund to be called the Marketing
Development Fund.
6[(2) All expenditure incurred by the Board shall be defrayed from such fund which
shall be jointly operated upon by 8[the Chief Administrator] or the Secretary and any
officer of the Board authorised by the Board in this behalf.]
1. Substituted by Haryana act 21 of 1973.
2. Omitted by Haryana Act 5 of 1976 and further substituted by Hr. Act 10 of 1979.
3. The words “one rupee and fifty paise” substuted for the words “one rupee” by Haryana Act.
10 of 1974 and the words “two rupees” substituted with the words “three rupees” shall be
deemed to have been substuted with effect from 2nd day of Septemebt, 1977 for the words
“two rupees” by Haryana Act 22 of 1977.
4. Substituted by Haryana Act 5 of 1976 and further substituted by Haryana Act 10 of 1979.
5. The words added by the Punjab State Agricultural Marketing Board and Marketing
Committee (Reconstitinons and Recorganisation) Order, 1969.
6. Substituted by Haryana Act 21 of 1973.
7. Inserted by Haryana Act 38 of 1980.
8. Subsituted by Haryana Act 38 of 1980.
The Punjab Agricultural Produce Markets
Act, 1961
26. The Marketing Development Fund shall be utilised for the following purposes :-
(i) better marketing of agricultural produce;
(ii) marketing of agricultural produce on co-operative lines;
(iii) collection and dissemination of markets rates and news;
(iv) grading and standardisation of agricultural produce;
(v) general improvements in the markets or their respective notified market
areas;
(vi) maintenance of the office of the Board and construction and repair of its
office buildings, rest-house and staff quarters;
(vii) giving aid to financially weak Committees in the shape of loans and grants;
(viii) payment of salary, leave allowance, gratuity, compassionate allowance,
compensation for injuries or death resulting from accidents while on duty,
medical aid, pension or provident fund to the persons employed by the Board
and leave and pension contribution to Government servants on deputation;
(ix) traveling and other allowances to the employees of the Board, its members
and members of Advisory Committees;
(x) propaganda, demonstration and publicity in favor of agricultural
improvements;
(xi) production and betterment of agricultural produce;
(xii) meeting any legal expenses incurred by the Board;
(xiii) imparting education in marketing or agriculture;
(xiv) construction of godowns;
(xv) loans and advances to the employees;
(xvi) expenses incurred in auditing the accounts of the Board;
(xvii) with the previous sanction of the State Government, any other purpose
which is calculated to promote the general interests of the Board and the Committees
1[or the national or public interest] :
Purposes for
which the
Marketing
Development
Fund may be
expended.
1. The word “or the national or public interest” added by Punjab Act 23 of 1962.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Market Committee
Fund.
Provided that if the Board decides to give aid of more than five thousand rupees
to a financially weak Committee under clause (vii), the prior approval of the
State Government to such payment shall be obtained.
27. (1) All moneys received by a Committee shall be paid into a fund to be called the
Market Committee Fund and all expenditure incurred by the Committee under or
for the purposes of this Act shall be defrayed out of such fund, and any surplus
remaining after such expenditure has been met shall be invested in such
manner as may be prescribed.
(2) (a) Every Committee shall, out of its fund pay to the Board as contribution
such percentage of its income derived from licence fee, market fee and
penalities imposed and realized under this Act as is specified below to defray
expenses of the office establishments of the Board and such other expenses
incurred by it in the interest of the Committees generally and also pay to the
State Government the cost of any special or additional staff employed by the
State Government in consultation with the Committee for giving effect to the
provisions of this Act in the notified market area-
(i) if the annual income of a Committee does not exceed Rs. 10,000
1[20 per centum]
(ii) if the annual income of Committee
exceeds Rs. 10,000-
on the first 10,000 1[20 per centum]
on the next 5,000 or part thereof 1[25 per centum]
on the remaining income 1[30 per centum]
(b) The State Government shall determine the cost of such special or additional
staff and shall, where the staff is employed for the purposes of more
Committees than one, apportion such cost among the Committees concerned in
such manner as it thinks fit. The decision of the state Government determining
the amount payable by any Committee shall be final.
28. Subject to the provisions of section 27, the Market Committee Funds shall be
expended for the following purposes :
(i) acquisition of sites for the market;
(ii) maintenance and improvement of the market;
(iii) construction and repair of buildings which are necessary for the purposes of
the market and for the health, convenience and safety of the persons using it;
Purposes for which the
market Committee
Funds may be
expended.
1. Substituted by Haryana Act 21 1973.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
(iv) provision and maintenance of standard weights and measures;
(v) pay, leave allowances, gratuities, compassionate allowances for injuries
and death resulting from accidents while on duty, medical aid, pension or
provident fund of the persons employed by the Committee;
(vi) payment of interest on loans that may be raised for purposes of the market
and the provisions of a sinking fund in respect of such loans;
(vii) collection and dissemination of information regarding all matters relating to
crop statistics and marketing in respect of the agricultural produce concerned;
(viii) providing comforts and facilities, such as shelters, shade, parking
accommodation and water for the persons drought cattle,
vehicles and pack animals coming or being brought to the market or on
construction or repair of approach roads 1[Link Roads] culverts, bridges and
other such purposes;
(ix) expenses incurred in the maintenance of the offices and in
auditing the accounts of the Committees;
(x) propaganda in favour of agricultural improvements and thrift:
(xi) production and betterment of agricultural Produce ;
(xii) meeting any legal expenses incurred by the Committee:
(xiii) imparting education in marketing or agriculture;
(xiv) payments of travelling and other allowances to the members
and employees of the committee as prescribed;
(xv) loans and advances to the employees;
(xvi) expenses of and incidental to elections ; and
(xvii) with the previous sanction of the State Government, any purpose
calculated to promote the national or public interest. ]
29. (1) Every person shall be liable for the loss, waste or misapplication of any
money or other property belonging to a Committee, if such loss, waste or
misapplication is proved to the satisfaction of the Board to be the direct consequence
of his neglect or misconduct in the performance of duties as a member or an
employee of the Committee 3[or an official managing the affairs of the Committee]
and he may, after being given an opportunity by a written notice to show cause why
he should not be required to make good the loss, be surcharged with the value of
such property or the amount of such.
Liability of member
of Committees or
the Bord.
1. Inst. by H.A. 2 of 1989.
2. Added by Punjab Act 23 of 1962.
3. Inserted by Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
loss by the Board and if the amount is not paid within one month from the expiry of the
period of appeal prescribed by the sub-section (3) it shall be recoverable as the arrears of
land revenue :
Provided that no such person shall be called upon to show cause after the expiry of a
period of four years from the occurrence of such loss, waste or misapplication or after the
expiry of two years from the time of his ceasing to be a member or an employee 1[or
official] whichever expires first.
(2) every person shall be liable for the loss, waste or misapplication of any money or other
property belonging to the Board, if such loss, waste or misapplication is proved to the
satisfaction of the State Government to be the direct consequence of his neglect or
misconduct in the performance of duties as a member or an employee of the Board, and
he may, after being given an opportunity by a written notice to show cause why he should
not be required to make good the loss, be surcharged with the value of such property or
the amount of such loss by the state Government and if the amount is not paid within one
month from the expiry of the period of appeal prescribed by sub-section (3) it shall be
recoverable as arrears of land revenue :
Provided that no such person shall be called upon to show cause after the expiry of a
period of four years from the occurrence of such loss, waste or misapplication or after the
expiry of two years from the time of his ceasing to be a member or an employee,
whichever expires first.
(3) The person against whom an order under sub-section (1) or subsection (2) is made
may, within one month of the service of such order, appeal to the State Government which
shall have the power of confirming, modifying or disallowing the surcharge.
30. No trade allowance, other than an allowance permitted by rules or bye-laws made under
this Act, shall be made or received in a notified market area by any person in any
transaction in respect of the agricultural produce concerned and no Civil Court shall, in
any suit or proceeding arising out of any such transaction, recognise any trade allowance
not so permitted ;
Provided that all market charges shall be paid by the buyer.
31. Omitted
No Trade
Allowance
permissible
except as
prescribed.
Bar of suit in
absence of notice.
1. Inserted by Hr. Act 21 of 1973.
The Punjab Agricultural Produce Markets [Punjab Act] 9
Act, 1961
at his office or usual place of abode, and the plaint shall contain a statement that
such notice has been so delivered or left.
(2) Every such suit shall be dismissed unless it is instituted within six months
from the date of the accrual of cause of action.
32. (1) A Committee may, with the previous sanction of the 1[**] Board raise the
money required for carrying on the purposes for which it is established on the
security of any property vested in and belonging to the Committee and of any
fees leviable by it under this Act.
(2) A Committee may, for the purpose of meeting the initial expenditure on
lands, buildings and equipment required for establishing the market, for the
proper discharge of the duties and functions imposed on it by or under this Act,
or for the purpose of development activities and extension of market obtain a
loan from the State Government or the Board on such conditions and subject to
such rules as may be prescribed.
(3) A Committee may, with the previous approval of the 1[***] Board, obtain loans
from other Committees on such conditions and subject to such rules as may be
prescribed.
2[(4) The Board may with the previous sanctions of the State Government raise
the money required for carrying on the purpose for which it is established.]
33. (1) When the affairs of a Committee are investigated or the proceedings of such
Committee are examined by 3[the Board or] any other officer to whom the
powers have been delegated under sub-section (17) of section 3, all officers,
servants and members of such Committee shall furnish such information in their
possession in regard to the affairs or proceeding of the Committee as 3[the board
or] such officer may require.
(2) 3[the Board or] any officer authorised by him by general or special order
shall have power to inspect or cause to be inspected the accounts of a Committee or to
institute an enquiry into the affairs of the Committee and to make a written reply to him
within a reasonable time stating its reasons for not desisting from doing it or for not
doing such a thing.
Power to borrow.
Power to call
information,
inspect, enforce
attendance and to
suspend actions,
etc., of
Committees.
1. The words “Chairman of the” omitted by Punjab Act 40 of 1963.
2. Sub-section (4) added by Haryana Act 46 of 1971.
3. Substituted for the words “ Chairman of the Board” by Punjab Act 40 of 1963 and further
Subsituted by of Haryana Act 28 of 1980 and fruther substuted by Haryana Act 38 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
(3) An officer investigating the affairs of a Committee or examining the proceedings of such
Committee under sub-section (1) shall have the power to summon and enforce the
attendance of office and to produce documents by the same means and as far as possible
in the same manner as is provided in the case of a Civil Court under the Code of Civil
Procedure, 1908.
(4) (i) The 1[***] Board may, by order in writing, annul any proceeding of a Committee or
sub-committee or joint committee or adhoc Committee which it considers not to be in
conformity with law or with the rules or bye-laws made thereunder and may do all things
necessary to secure such conformity, or may suspend any resolution which it considers
likely to cause injury or annoyance to the public or is likely to affect adversely the interest of
the Committee or of producers or dealers or any class of functionaries working in the
notified market area concerned.
(ii) The 1[***] Board may, by order in writing, suspend the execution of any resolution or
order of a Committee or sub-committee or joint committee or adhoc Committee, or prohibit
the doing of any act which is being done or is about to be done in pursuance of or under
cover of this Act or any rule or bye-law made thereunder, if in its opinion, the resolution,
order or Act is in excess of the powers conferred by law, or is likely to cause injury or
annoyance to the public or is likely to affect adversely the interest of the Committee or of
producers or of dealers or of any class of functionaries working in the notified market area
concerned.
(iii) When the 1[***] Board makes an order under this sub-section, it shall forthwith forward a
copy there of, with a statement of reasons for making it and the explanation, if any, of the
Committee concerned to the State Government, who may thereupon rescind the order or
direct that it shall continue in force with or without modification, permanently, or for such
period as it thinks fit.
(5) 2[The Chief Administrator or any other officer authorised by him, in writing, in this
behalf], shall also have the power to suspend or cancel the licences of market functionaries
issued under section 13.
(6)(i) If any officer or member of a Committee when required to furnish information in
regard to the affairs or proceedings of
1. The words “Chairman or the” omitted by Punjab Act of 1963.
2. The word “chairman or the” omitted by Punjab Act 40 of 1963 and further
Substituted by Haryana Act 38 of 1980.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
a committee under sub-section (1)
(a) Wilfully neglects or refuses to furnish any information;
(b) Wilfully furnishes a false information’
he shall, on conviction, be punishable with fine not exceeding five
hundred rupees, or with imprisonment for a term which may extend to six
months or with both.
(ii) If any officer, member or a servant of a Committee wilfully neglects or
refuses to do any act or wilfully or without any reasonable excuse
disobeys a lawful written order issued under the provision of this Act or
fails to furnish information or return lawfully required from him, he shall on
conviction, be punishable with fine not exceeding five hundred rupees, or
with imprisonment for a term which may extend to one month, or with both.
1[33A (1) Any officer empowered by the Board in this behalf, may for the purpose
of this Act, require any dealer to produce before him, the accounts and
other documents and to furnish any information relating to the stock of
agricultural produce of purchase, sale storage and processing of
agricultural produce by such person and also to furnish any other
information relating to the payment of the market fee by such person.
(2) All accounts and registers maintained by any dealer and documents
relating to the stock of agricultural produce or purchase, sale, storage and
processing of such agricultural produce in his possession and the office,
establishment, godown or vehicle of such person shall be open to
inspection at all reasonable times by such officer.
(3) If such an officer has reason to believe that any person is attempting to
evade the payment of market fee due from him under section 23 or that
any person has purchased any agriculture produce in contravention of any
of the provisions of this Act or the rules or bye-laws in force in any market
area, he may, for reasons to be recorded in writing, seize such accounts,
registers or documents of such person as may be necessary, and shall
grant a receipt for the same and shall retain the same only so long as may
be necessary for examination there of or for taking action under the
provisions of this Act against the person concerned but not in any case
exceeding the period of forty five days.
(4) For the purpose of sub-section (2) or sub-section (3) such officer may
enter and search any place of business, warehouse, office,
establishments, godown or vehicle where he has reason to believe that
such person keeps, or is for the time being keeping, any accounts,
registers, documents or stock of agricultural produce relating to his
business
Power to order
production of accounts
and power of entry,
inspection and seizure.
1. Inserted by Haryana Act 21 1973.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Power to stop
vehicles.
Duties of Police
Officer.
Acquisition of
land for the Board
and Committees.
Supersession of
Committees.
(5) The provisions of section 100 of the Code of Criminal Procedure, 1973
(2 of 1974), shall,so far as may be, apply to a search under sub-section (4).”
(6) Where any books of accounts or other documents are seized from any
place and there are entries therein making reference to quantity quotations,
rates, receipt or payment of money or sale or purchase of goods, such
books of accounts or other documents shall be admitted in evidence without
witness having to appear to prove the same; and such entries shall be prima
facie evidence of the matters, transactions and accounts purported to be
therein recorded.
33B. 1[ ]At any time when so required by 2[the Chief Administrator or] the
Secretary of the Board or any other officer of the Board so authorised by the
Secretary, the driver or any other person in-charge of any vehicle or other
conveyance which is taken or proposed to be taken out of the market area
shall stop the vehicle or other conveyance, as the case may be, keep it
stationary as long as may reasonably be necessary and allow the Secretary
of the Board or such officer to examine the contents in the vehicle or other
conveyance and inspect all records relating to the agricultural produce
carried, and give his name and address and name and address of the
owner of the vehicle or other conveyance and of the owner of the
agricultural produce carried in such vehicle or other conveyance.
33C. Omitted
34. (1) When any land is required for the purposes of this Act, the State
Government may on the request of the Board or a Committee requiring it,
proceed to acquire it under the provisions of the Land Acquisition Act, 1894,
and on payment by the Board or Committee of the compensation awarded
under that Act and of all other charges incurred by the State government on
account of the acquisition, the land shall vest in the Board or Committee.
(2) The Board or a Committee shall be deemed to be a local authority for
the purposes of the Land Acquisition Act, 1894.
35. (1) If in the opinion of the State Government a Committee is incompetent to
perform or persistently makes default in performing the duties imposed on it
by or under this Act, or abuses its powers, the State Government may, by
notification, supersede the Committee:
Provided that before issuing a notification under this sub-section
the State Government shall give a reasonable opportunity to the
Committee for showing cause against the proposed supersession.
1. Omitted by Haryana Act 38 of 1980.
2. Inserted by ibid.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
and shall consider the explanations and objections, if any, of the Committee.
(2) Upon the publication of a notification under sub-section (1) superseding a Committee,
the following consequences ensue-
(a) all the members including the Chairman and Vice-Chairman of the Committee shall as
from the date of such publication, be deemed to have ceased to be members of the
Committee;
(b) all assets of the committee shall vest in the Board and the Board shall be liable for all
the legal liabilities of the Committee subsisting at the date of its supersession up to the
limit of the said assets;
(c) the State Government may, in its discretion by order constitute either a new Committee
as provided under section 12 or such other authority for the carrying out of the functions of
the Committee, as the State Government may deem fit.
(3) (a) When the State Government has made an order under clause (c) of sub-section (2),
the assets and labilities defined in clause (b) of sub-section (2) vesting in the Board at the
date of such order shall be deemed to have been transferred on the date of such order to
the new Committee or authority constituted as aforesaid.
(b) (i) Where the State Government by order under clause (c) of sub-section (2) has
appointed an authority other than a new Committee for the carrying out of the functions of
the superseded Committee the State Government may, by notification determine the period
not exceeding one year for which such authority, shall act;
Provided that the term of office of such authority may be terminated earlier, if the State
Government for any reason consider it necessary.
(ii) At the expiry of the term of office of such authority a new Committee shall be
constituted.
(iii) Upon such an order being made the assets and liabilities vesting in the authority
thereby superseded shall be deemed to have been transferred by such order to the new
Committee.
(4) Whenever the assets of a Committee vest in the Board and no new Committee or
authority is appointed in its place the Board shall employ the balance of the assets remaining
after the discharge of the subsisting legal liabilities of the Committee for any object of public utility
in the area specified in the notification issued under section 6.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
Emergency
powers.
Penalties
36. If at any time the State government is satisfied that a situation has arisen in which
the purposes of this Act cannot be carried out in accordance with the provisions
thereof, the State government may by notification-
(a) declare that the functions of a Committee shall, to such extent as may be
specified in the notification, be exercised by the Board or such person or persons
as it may direct;
(b) assume to itself all or any of the powers vested in or exercisable by a
Committee;
and such notification may contain such incidental and consequential provisions as
may appear to the State Government to be necessary or desirable for giving effect
to the objects of the notifications.
1[37.Penalties.- (1) Whoever contravenes any provisions of this Act, the rules,
regulations Or bye-laws made thereunder shall, if no other penalty is provided for
that contravention, be liable to imposition o penalty which may extend up to ten
thousand rupees.
(2) Notwithstanding anything contained in forgoing sub-section, any
person who wilfully evades payment of any fee or sum due to the Committee
under the provisions of this Act, the rules, regulations or bye-laws made
thereunder shall, in addition to the payment of fee or sum due, be liable to
imposition of penalty, which shall not be less than twenty-five percent and not
more than fifty percent of the amount of the fee or sum due, as the case may be,
for the first two evasions.
(3) In case any person is found wilfully evading payment of any fee or
sum due to the Committee, more than twice during the period of one financial
year, his license shall be liable to be cancelled, in addition to the penalty imposed .
(4) No penalty under this section shall be imposed—
(i) without affording the person aggrieved an opportunity of being
heard;
(ii) after expiry of a periuod of five years from such contravention; and
(iii) by an officer detecting or investigating the offence or an officer
junior in rank to such officer.”
1. Substituted by Haryana Act 21 of 1973.
No. 23 of 1961 The Punjab Agricultural Produce Markets
Act, 1961
38. The State Government may, by notification, add to the Schedule to this
Act any other item of Agricultural produce or amend or omit any item of
such produce specified therein.
39. (1) No offence made punishable by this Act or any rule or byelaw made
thereunder shall be tried by a court inferior to that of a magistrate of the
first class.
1[(2) Prosecution under this Act may be instituted by 2[the Chief
Administrator] or the Chairman or Secretary of a Committee or by any
other person authorised by the Board or the Committee.
(3) All fines received from an offender shall be credited to State revenues
and grant equivalent to such fines shall be paid to the Committee.
40. (1) Any person aggrieved by an order passed under this Act, the rules,
regulations or bye-laws made thereunder, except an order passed in
respect of service matters or an order passed by the Board or the Chief
Administrator, may, within a period of thirty days from the date of supply of
certified copy of such order, prefer an appeal to the Chief Administrator, in
such form and manner, as may be prescribed and on payment of fee, if
due, as per the impugned order, and the Chief Administrator may, after
hearing the appeal, confirm, modify or reverse the order, as he deems fit.
(2) The Board may, subject to such conditions and restrictions, as it may
deem fit, delegate powers of the Chief Administrator conferred under sub-
section (1), on any other officer of the Board and the order passed by such
officer in an appeal shall be deemed to have been passed by the Chief
Administrator.
(3) The State Government may,m either suo motu or on an application
made in this behalf, call for the record of any case or an order passed by
the Board or the Chief Administrator within a period of sixty days of the
supply of the certified copy of such order, for the purpose of satisfying
itself as to the legality or propriety of the order passed therein, and pass
such order in relation thereto as it may deem fit, after giving the person
likely to be affected thereby an opportunity of being heard.
(4) The State Government shall, on being shown sufficient reasons, have
powers to review its own orders.
40 A Any person aggrieved by an order passed under this Act, the rules,
regulations or bye-laws made thereunder, may obtain a certified copy of
such order on any application made in such form and manner and on
payment of such fee as may be prescribed.”
41. (1) Every sum due from a Committee to the State Government or the
Board shall be recoverable as an arrear of land revenue.
(2) Every sum due to a Committee from any person shall be recoverable
as an arrear of land revenue.
42. No order passed under this Act, the rules, regulations or bye-laws made
thereunder, shall be called in question in any civil court and save as
provided in section 40, no appeal or revision shall lie against any such
order.”
43. (1) The State Government may by notification make rules for
Power of State
Government to amend
the Schedule.
.
Trial of offences.
Appeal, revision and
review-.
Recovery of Sums
due to State
government from
Committee.
Revision.
Power to make Rules
Supply of copy of
order
Bar of certain
proceedings
1. Substituted by Haryana Act 21 of 1973 and further Substituted by Haryana Act 38 of 1980.
2. The words “Chairman of the” omitted by Punjab Act 40 of 1963 further Substituted by H.A.
38 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the forgoing power, such rules
may provide for-
1[(i) appointment or nomination] of members of the Board and Committees and their
removal; ]
(ii) the powers to be exercised and the duties to be performed by the Board or Committees
and their officers and servants;
1[(iii) the elections of the Chairman and Vice-Chairman of Committees, their powers and
term of office;]
(iv) the filling of casual vacancies in the office of member or in the office of the Chairman or
Vice -Chairman Of Committees;
(v) the time, place and manner in which a contract between buyer and seller is to be
entered into, continued and carried out and the money is to be paid to the seller ;
(vi) generally for the guidance of the Board or the Committee;
(vii) management of the market, maximum fees which may be levied by a Committee in
respect of the agricultural produce brought or sold by licencees in the notified market area,
and the manner and the basis thereof, and the recovery and disposal of such fees ;
(viii) the issue by a Committee of licences to brokers, weighmen, measurers, surveyors,
godown-keepers or other functionaries, the form in which, and the conditions under which,
such licences shall be issued or renewed and the fees, if any to be charged there for;
(ix) the issue 3[ * * *] of licences to dealers, the form in which, and the
conditions under which, such licences shall be issued or renewed and the fees, if any, to
be charged there for:
(x) the place or places at which agricultural produce shall be weighed, the kind and
description of bardana to be used and the quantity of the produce to be filled and of the
scales, not being handscales (Takri), weights and measures which alone may be used in
transactions in agricultural produce in a notified market area ;
(xi) the inspection, verification, regulation, correction and confiscation of scales, weights
and measures in use in a notified market area;
1. Substituted by Haryana Act 25 of 1970 and further substituted by Haryana Act 13 of 1978
and further substituted by Haryana Act 13 of 1978 and futher substituted by Haryana Act
10 of 1979 & futher substituted by Haryana Act 19 of 1980.
2. Substituted by Haryana Act 13 of 1978.
3. Substituted for the words “Chairman of the Board” by Punjab Act 40 of 1963 & further
omitted by Haryana Act 138 of 1980
No. 23 of 1961] The Punjab Agricultural Produce Markets
Act, 1961
(xii) the trade allowance which may be made or received by any person in any transaction in an
agricultural produce in a notified market area;
(xiii) the provision of facilities for the settlement by arbitration or otherwise of any dispute
between a buyer and a seller of agricultural produce or their agents, including disputes
regarding the quality or weight of the article, the price or rate to be paid, allowances for
wrappings, dirt or impurities or deductions for any cause;
(xiv) the prohibition of brokers from acting in the same transaction on behalf of both the buyer
and the seller of agricultural produce ;
(xv) the provision of accommodation for storing any agricultural produce brought into the
market;
(xvi) the preparation of plans and estimates for work proposed to be constructed partly or wholly
at the expense of the Board or a Committee and the grant of sanction to such plans and
estimates;
(xvii) the form in which the accounts of a Committee shall be kept the audit and publication of
such accounts, the charges, if any, to be made for such audit;
(xviii) the management and regulation of provident funds which may be established for the
benefit of the employees of the Board or Committees;
(xix) the preparation and submission for sanction of an annual budget and the reports and
returns to be furnished by the Board or Committees’
(xx) the investment and disposal of the surplus funds of the Board or Committees;
(xxi) the manner in which auctions of agricultural produce shall be conducted and bids made
and accepted in any market;
(xxii) any matter in respect of which fees shall be payable under this Act, and fixing the amount
of such fees and the mode of payment and recovery thereof;
(xxiii) exemption of classes of persons from the obligation of obtaining licences under section 6;
(xxiv) the authority to which applications for obtaining licences shall be made;
(xxv) the realisation or disposal of fees recoverable thereunder or under any rules or bye-laws
made under this act;
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
(xxvi) the travelling and other allowances that may be 1[paid to Chairman, members and
employees of the Board;]
(xxvil) the settlement of any question as to whether any person is a producer or not;
(xxviii)service rules, recruitment rules, provident fund rules, pension rules and such other rules as
may be required for the employment of the staff of the Board and Committees;
(xxix) the penalties to be imposed upon the employees of the Board and Committees, including
the manner of imposing such penalties and the right of appeal against such penalties.
(xxx) nature and status of the servants of the Board and Committees;
(xxxi) imposing on persons holding licences under this Act, the duty of making returns to
Committees at regular intervals of transactions of sale, purchase, storage and processing
affected by them, or at their places of business, and of producing accounts for inspection
and furnishing information, when called upon by an authority duly empowered, and
prescribing the form and mode of verification of, and the particulars to be entered in, such
returns as well as the nature of such information;
(xxxii) the regulation of advances, if any, given to producers by brokers or dealers;
(xxxiii)the prevention of adulteration of the agricultural produce; and
(xxiv) the grading and standardization of the agricultural produce.
(3) Omitted
Bye-Laws
44. (1) Subject to any rules made by the Government under section 43, a Committee may, in
respect of notified market area, make bye-laws for-
(i) the regulation of its business;
(ii) the conditions of trading;
(iii) the appointment and punishment of its employees;
(iv) the payment of salaries, gratuities and leave allowances to such employees;
1. Substituted for the words “paid to the members and employees of the Board” by Punjab Act
40 of 1963.
No. 23 of a961 The Punjab Agricultural Produce Markets
Act, 1961
(v) the delegation of powers or duties, to the Sub-Committee or Joint Committee or ad-hoc
Committee or any one or more of its members under section 19 ; and
(vi) the remuneration of different functionaries not specifically mentioned in this Act,
working in the notified market area and rendering any service in connection with the sale,
purchase, storage and processing of agricultural produce;
and may provide that contravention of any of such bye-laws shall be punishable, on
conviction, with a fine which may extend to fifty rupees.
(2) Where a Committee fails to make by-laws under this section within six months from the
date of its establishment or the date on which this Act comes into force, whichever is later,
the Board may make such bye-laws as it may think fit and the bye-laws so made shall
remain in operation in that Committee.
(3)(a) Not withstanding anything contained in this Act or the rules or bye-laws made thereunder, if
the 1[* * *] Board considers that an amendment, alteration, rescission or adoption of a
new bye-law is necessary or desirable in the interests of such Committee, he may, by an
order in writing to be served on the Committee by registered post, require the Committee,
to make such amendment, alteration, rescission or adopt a new by-law within such time as
may be specified in such order.
(b) If the Committee fails to make any such amendment, alteration or rescission or to adopt the
new bye-law within the time specified by the 1[* * *] Board in his order under clause (a)
the 1[* * *] Board may, after giving the Committee an opportunity of being heard,
register such amendment, alteration, rescission or such new bye-laws, and issue a certified
copy thereof to such Committee.
(c) The Committee may, within one month from the date of issue of an order made under
clause (b), appeal against such order to the State Government.
(d) Where an appeal is presented within one month from the date of the issue of an order
under clause (b) registering an amendment, such amendment shall not come into force till
the order is confirmed by the State Government.
(e) A certified copy of the amendment of the bye-laws registered by the 1[* * *] Board under
clause (b) shall, subject to the result of an appeal, if any under clause (c) be conclusive
evidence that the same has been duly registered and such amendment, alteration,
rescission or a new bye-law shall be deemed to have been made by the Committee.
(4) No bye-law or rescission of a bye-law or its alteration or amendment shall take effectuntil it
has been confirmed by the 1[* * *] Board and notified in the official gazette.
1. The word “Chairman of the” omitted by Punjab Act 40 of 1963.
The Punjab Agricultural Produce Markets [Punjab Act,]
Act, 1961
Power to write off
irrecoverable fees
etc.
Power to
Compound
offences.
Vesting of
propertles of Mandi
Township etc.
45. Whenever it is found that any amount due to the Board or a Committee is
irrecoverable or should be remitted, or whenever any loss of the Board’s or a
Committee’s money or stores or other property occurs through the fraud or
negligence of any person or for any other cause and such property or money is
found to be irrecoverable the facts shall be reported to the Board or Committee,
as the case may be and the Board with the approval of the Government and
Committee with the approval of the Board, may order the amount or value of the
property to be written off as lost, irrecoverable or remitted, as the case may be,
provided that in case of Committee, if in any case the amount due or the value
of such property is in excess of one hundred rupees, such order shall not take
effect without the approval of the State Government.
1[46. Interest – Whoever fails to pay any sum due to a Committee or the Board within
the stipulated period, shall be liable to pay in addition to that sum, such interest
as may be prescribed.”
3[“46A Omitted. (1) Notwithstanding anything contained in any other law for the time
being in force,.-
(a) all property, moveable and immovable and all interests of whatsoever
nature and kind therein of the State Government in respect of mandi portion of the
mandi townships established by the Colonization Department under the Punjab, New
Mandi Townships (Development and Regulation) Act, 1960, shall vest in the
committee;
1. Substituted by Haryana Act 21 of 1973 and futher substituted by Haryana Act 21 of 1975.
2. Substituted by Haryana Act 38 of 1980.
3. inserted by H.A. I of 1991.
No. 23 of 1961] The Punjab Agricultural Produce Markets
Act, 1961
(b) anything done or any action taken including any notification, order, scheme, or rule made,
permission granted or issued under any provision of the Punjab New Mandi Townships
(Development and Regulation) Act, 1960, relating to the mandi portion shall, so far as it is
not inconsistent with the provisions of this Act, continue in force and be deemed to have
been done or taken under the provisions of this Act unless and until it is superseded by
anything done or any action taken under this Act;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and
things engaged to be done by, with or for the State Government, under the Punjab New
Mandi Townships (Development and Regulation) Act, 1960, in respect of mandi portion
only, shall be deemed to have been incurred, entered into or engaged to be done by, with
or for the Committee.
(d) all taxes, fees and other sums of money in respect of the mandi portion due, to the State
Government under the Punjab New Mandi Townships (Development and Regulation) Act,
1960, shall be deemed to be due to the Committee.
(e) all suits, prosecutions and other legal proceedings instituted or which might have been
instituted by, or against the State Government under the Punjab New Mandi Townships
(Development and Regulation) Act, 1960 and the Colonization of Government lands
(Punjab) Act, 1912, in respect of mandi portion only, may be continued or instituted by, for
or against the Committee.
(2) If any mandi portion or a part thereof lies within the limits of a municipality, notified area,
gram panchayat area or local area under the Punjab Town improvement Act, 1922, the
State Government, may, by notification in the Official Gazette, direct that any or all the
powers under the Haryana Municipal Act, 1973, the Punjab Gram Panchayat act, 1952 or
the Punjab Town Improvement Act, 1922, as are relevant to the purposes of this Act shall,
subject to such conditions and restriction as may be specified in the notification, cease to
operate in such mandi portion and the Municipal Committee, the Gram panchyat, or the
Improvement Trust, as the case may be, shall thereafter cease to have jurisdiction over
that mandi portion or a part thereof, as the case may be, in respect of such powers.
(3) The provisions of the Haryana Municipal Act, 1973, the Punjab Gram Panchyat Act, 1952,
and the Punjab Town Improvement Act, 1922, in so far as they are inconsistent with the
provisions of this Act, shall not apply to the mandi portion or a part thereto.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
(4) Where any person makes default in the payment of any rent due in respect of lease of
any site or building or both, as the case may be or any fees payable for providing,
maintaining or continuing any amenity under the Punjab New Mandi Townships
(Development and Regulation) Act, 1960, the Secretary of the Committee may direct that in
addition to the amount of arrears, a sum not exceeding that amount shall be recovered
from the person by way of penalty:
Provided that no such direction shall be made unless the person affected thereby has been
given a reasonable opportunity of being heard in the matter.
(5) Where any person makes default in the payment of any amount being the arrears or
penalty, or both, directed to be paid under sub-section (4), such amount may be recovered
from him in the same manner as arrears of land revenue.
(6) Where any person makes default in the payment of any consideration money or any
instalment on account of the sale of any site or building, or both, to him, the Secretary of
the Committee may, by notice in writing, call upon him to show cause within a period of
thirty days. Why a penalty which shall not exceed ten percent of the amount due from him,
be not imposed upon him.
(7) After considering the cause, if any, shown by him and after giving him a reasonable
opportunity of being heard in the matter, the Secretary of the committees may, for reasons
to be recorded in writing, make an order imposing the penalty and direct that the amount of
money due alongwith the penalty shall be paid by such person within such period as may
be specified in the order.
(8) If a person fails to pay the amount due together with the penalty in accordance with the
conditions of sale or allotment of any site or building to him or commits a breach of any
other conditions of such sale or allotment, the Committees may, by notice in writing, call
upon him to show cause, within a period of thirty days,, why an order of resumption of the
site or building or both, as the case may be and forfeiture of the whole or any part of the
money, if any, paid in respect thereof, which in no case shall exceed ten percent of the
total amount of the consideration money, interest and other dues payable in respect of the
sale or allotment should not be made.
(9) After considering the cause, if any shown by him in pursuance of a notice under sub-
section (8) and any evidence that he may produce in support of the same and after, giving
him a reasonable opportunity of being heard in the matter, the Committee may, for reasons
to be recorded in writing, make an order resuming the site or building or both, as the case
may be and directing the forfeiture as provided in sub-section (8) of the whole or any part
of the money paid in respect of such site, etc.,
No. 23 of 1061] The Punjab Agricultural Produce Markets
Act, 1961
(10) Omitted.
(11) Omitted.
(12) Omitted.
(13) For the purposes of this section ‘Mandi portion’ means that portion of any type
of land or building, inclusive of all encumbrances, enclosures, fittings and fixtures,
roads, parks, parking, passengers, platforms, plots etc., where sale-purchase of
agricultural produce or other connected activity of any kind in pursuance of the
purposes of the Punjab New Mandi Townships (Development and Regulation) Act,
1960 takes place.”]
47. The Punjab Agricultural Produce Markets Act, 1939, and The Patiala Agricultural
Produce Markets Act, 2004 B.K., are here by repealed:
Provided that such repeal shall not affect-
(a) the previous operation of any Act so repealed or any-thing duly done or suffered
thereunder ; or
(b) any right, privilege, obligation or liability acquired or incurred under any Act so
repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence
committed against any Act so repealed; or
(d) any investigation, legal proceedings or remedy in respect of any such right,
privilege, obligation, liability, penalty forfeiture or punishment as aforesaid;
Repeal and
Savings.
The Punjab Agricultural Produce Markets [Punjab Act]
Act, 1961
and any such invesigation, legal proceeding or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may be imposed, as if this
Act had not been passed :
Provided futher that anything done or any action taken under the Acts so repealed
shall be deemed to have been done or taken under this Act, and shall continue to be
in force accordingly, unless and until superseded by anything done or any action taken
under this Act :
Provided futher that the State Marketing Board constituted under the Patiala
Agricultural Produce Markets act, 2004 B.K. and functioning immediately before the
commencement of this Act, shall, till a Board is established and constituted under
section 3, be deemed to be the State Agricultural Marketing Board for the purposes of
this Act and all employees in the service of the State Marketing Board immediately
before such commencement shall be deemed to be the employees of the State
Agricultural Marketing Board and their emoluments and other conditions of service
shall not be varied to their disadvantage :
Povided further that the Market Committees functioning immediately bofore the
commencement of this Act shall be deemed to be constituted for the first time under
sub-section (4) of section 12 and their members including the Chairman and Vice-
Chairman shall hold office until new Committees set up under this Act are
notified 1[* * * *].
2[Notwithstanding anything contained in any law, judgement, decree or order of any
court, any fee levied, imposed, assessed or collected from a licencee under section 23
of the principal Act and the rules made thereunder on the agricultural produce bought
or sold or brought for processing by him in any notified market area shall be deemed
to have been validly levied, imposed, assessed or collected and such levy, imposition,
assessment or collectiion shall not be called in question in any court and accordingly-
(a) no suit or other legal proceedings shall be maintained or continued in any court for
the refund of the whole or any part of the fee so levied, imposed, assessed or
collected; and
(b) no court shall enforce any decree or order directing the refund of the whole or any
part of the fee so levied, imposed, assessed or collected.]
1. The words “or the expiry of six months from the commencement of this Act
whichever is earlier” omitted by Punjab Act 3 of 1962.
2. See Haryana Act 5 of 1976.
Validation.
No. 23 1961] The Punjab Agricultural Produce Markets
Act, 1961
1[(1) Notwithstanding anything contained in the Principal Act or in any other law for the
time being in force or judgement, decree order of any court, any amount purported to
have been collected from a dealer or licencee as fee, in respect of any transaction in
excess of the fee leviable under section 23 and deposited with any Committee before
the 15th day of May, 1980, the burden of which has been passed on by the dealer or
licencee to the next purchaser or which has been added towards the cost of the
agricultural produce or the goods processed or manufactured out of it, shall be
retained and deemed to have been validly levied, imposed, assessed or collected and
shall be spent for meeting the costs of services to be rendered towards the
development and improvement of existing markets where from the collection of such
fee was made and accordingly-
(a) no suit or other legal proceedings shall be maintained or continued in any court for
the refund of whole or any part of the fee so collected; and
(b) no court shall enforce any decree or order directing the refund of the whole or any
part of the fee so collected.
(2) If any amount of fee so collected has been refunded to any dealer or licencee, the
same shall be recoverable by the Committee concerned as arrears of land revenue.)
2[Notwithstanding anything contained in the principal Act, or in any other law for the
time being in force or judgement, decree or order of any court, any amount purported
to have been collected by a dealer or licensee as fee, in respect of any transaction in
excess of fee leviable under section 23 of the principal Act and not deposited with any
Committee, the burden of which has been passed on by the dealer or licensee to the
next purchaser or which has been added towards the cost of the agricultural produce
or the goods processed or manufactured out of it, shall be deemed to have been
validly levied, imposed, assessed or collected and shall be recoverable by the
Committee concerned as arrears of land revenue and spent for meeting the costs of
services to be rendered towards the development and improvement of existing
markets where from the collections of such fee was made and accordingly-
(a) no suit or other legal proceedings shall be maintained or continued in any court for
the refund of whole or any part of the fee so collected; and
(b) no court shall enforce any decree or order directing the refund of the whole or any
part of the fee so collected.]
1. See Haryana Act, 28/80.
2. See Haryana Act, 38/1980.
Validation.
The Punjab Agricultural Produce Markets[The Punjab]
Act, 1961
THE SCHEDULE
[See section 2(a) and section 38]
1[1 Wheat (kanak)
2. Barley (Jau)
3. Maize (Makki)
4. Great Millet (Jowar).
5. Spiked Millet (Bajra).
6. Paddy and 2[Rice] (Dhan) and 2[* *]
7. Gram and Kabli Gram (Chane Kale and Safaid)
2[8. Green Gram (Moong) whole and split.
9. Black Gram (Mash) whole and split.
10. Phaseclus aconitifolius (Moth) whole and split.
11. Lentil (Masur) whole and split.]
12. Indian Colza(Sarson).
13. Indian Rale (Toria).
14. Rochet (Tara Mira).
15. Cotton seed (Banaula).
3[16. Ground-Nut (shelled, unshelled and roasted)
17. Cotton (Ginned and Unginned) (Kapas and Rui).5
18. Culster Bean (Guara).
19. Dry and green Fodder (Suka and Sabaz Chara)
20. Potato (Alu.)
21. Sweet Potato (Shakarkandi).
4[22. Onion dry and green (Piaz khushak and Hara).
23. Arum (Arvi).
24. Cauli Flower (Phul Gobi)
25. Cabbage (Band Gobi)
26. Carrot (Gajjar).
27. Radish (Muli).
28. Turnip (Salgam).
29. Tomato (Tamator).
1 : Subsituted for Items 1 in 85 by the Punjab Government Agricultural Department
Notification No. G.S.R. 111/PA-13/61Amd/62, dated the 24th July, 1962 published in
Punjab Government Gazettee (Extra.), Legislative Supplement, Part III of 30th July,
1962.
2 : See page 40 infra.
3 : The words “Ginned and” and “and Rui” ommitted vide notification no. 158-Agri.S(1)-
94/1216 ft. 21-1-94.
4 : Substituted vide notification No. 2301-Agri.S (3)-87/
5 : The words “Ginned and” and “and Rui” added vide notification dt. 25-11-2003
No. 23 of 1961] The Punjab Agricultural Produce Markets
Act, 1961
30. Brinjal (Baingan)
31. Lady’s Finger (Bhindi).
32. Peas Green (Matar Hara).
33. Garlic Dry (Lashan Khushak).
34. Orange (Malta).
35. chillies Dry and Green (Mirach Khushak and Hari).
36. Gur.
37. Shakkar.
1[38. Khandsari (including Sulphur, Desi Khand and Bura).
39. Dry peas (Matar Khushak).
40. Water melon (Tarbuz)
41. Wool (Oon).
1[42. Tinda Gourd (Tinda).
43. Bottle Gourd (Lauki).
44. Pumpkin round (Ghia kadu).
45. Squash or Red Gourd (Halwa Kadu).
46. Bitter Gourd (Karela).
47. Cow Peas (Lobhia).
48. French Beans (Raj Maha and Soya Beans)
49. Long Melon (Tarr).
50. Elephant Foot (Zime Kand).
51. Cucumbar (Khira.)
52. Chappan kadu.
53. Turmeric (Haldi).
54. Musk melon (Kharbuza)
55. Mango (Am).
56. Mandrain (Sangtara).
57. Lime (Nimboo).
58. Lemon (Galgal and Khatta).
59. Apple (Saib).
60. Guava (Amrud).
1. Subsituted by Hr. Govt. Gazette (Extra.), no. 2301 Agri S (3) 87/15941 dated 1-9-87 page
1445.
2. Item 42 to 76, added by Punjab Government Agriculture Department Notification No.
G.S.R. 93/PA-23/61/S-38/Amd/66, dated 16th April, 1966, published in Punjab
Government Gazette, Legisiative Supplement, Part III of 29th April, 1966.
3. Item No 53 ommitted vide Notification No. 1618 April, S.(1) 93/18222 dt- 22-9-93.
No. 23 of 1961] The Punjab Agricultural Produce Markets
Act, 1961
61. Pear (Nashpati).
62. Anar
63. Sweet Lime (Mitha)
64. Apricot (Khurmani)
65. Plum (Alubakhara and Alucha)
66. Peach (Aru)
67. Litchi.
68. Sapota (Chickoo).
69. Loquat.
70. Castaud Apple (Sharifa).
71. Walnut (Akhrot).
72. Sag (Palak and Sarson).
73. Ginger (Adrak).
74. Henna (Mehndi).
75. Goat Hair.
76. Camel Hair.]
1[77. 2[* * *]
78. 3[* * *]
79. 2[* * *]
80. Bhabar Grass.
81. Sunehri.
82. Banana.
83. 2[* * *]
84. 4[* * *]
85. Rosin.
86. Arhar.
87. Grapes.
1. Item 77 to 99 added by the Haryana Government Agriculture Department Notification No.
217-Agri. (iv) (S)-70/9754, dated 24th/27th April, 1970.
2. Omitted by Haryana Governement Agricultural Department Notification No. 1482 Agri.
(II)-4-71/4091, dated 31st March, 1971 published in Haryana Government Gazette
(Extraordinary) of 31st March, 1971.
3. Omitted by Haryana Governemtn Agriculture Department Notification No. 848 Agri. (II)-
71/6524, dated 1st May, 1971.
4. Omitted by Haryana Government, Agriculture Department Notification No. S.O./PA-
/61/S.38/70, dated 4th July, 1970, published in Haryana Government Gazette (Extra.),
Legisiative Supplement, Part III, dated 4th July, 1970.
5. Item No. 74 omitted vide notification No. 1618-April-5(1)-93/18222 dt. 22-9-93.
No. 24 of 1961] The Punjab Agricultural Produce Markets
Act, 1961
88. Ber.
89. 1[* * *].
90. 2[* * *].
91 Oats.
92. 2[* * *].
93. 4[* * *].
94. Barsem Seed.
95. Sanghara.
96. Til.
97. Methi/(Seed)3
98. 4[* * *].
99. 5[* * *].
6100. Mausmi/Sweet orange.
101. Kinnow
102. Sponge gourd (Ghia Tori).
103. Sweet Pepper (Simla Mirch).
104. Linseed (Alsi).
105. Gram Dal
7106 [* * *].
8107. Sun-flower Seed (Surajmukhi Beej).
9108. Eggs.
109. Poultry Birds.
110. Fish.
10111. Timber & fire wood
1. Omitted by Haryana Government Agricultural Department Notification No. S.O./AA-
23/61/S-38/70 dated 4rth July, 1970, Published in Haryana Government Gazette (Extra.),
Legisiative Supplement, Part III of 4ht July, 1970.
2. Items at 90.92 and 93, namely, butter, tobacco and ghee, respectiveiy omitted vide No.
S.O. 21/PA-23/61/S-30/70, dated the 21st August, 1970.
3. The words ‘Methi Green’ replaced vide Notification No. 3545-Agri. S(I) 85, dated the 31st
December, 1985.
4. The word firewood at 98 omitted vide the Haryana Government Notification No. 848 Agri.
(II)-71/6524, dated the 1st May, 1971.
5. The word ‘meat’ at 99 omitted vide the Haryana Government, Agriculture Department
Notification No. S.O./PA-23/61/S. 38/70, dated the 4th July, 1979.
6. Sr. Nos. 106 “Timber & Firewood added vide Notification No. 2628 Agri. S (III) 87/15941,
dated the 1st Septmber, 1987.
7. Sr. Nos. 106 “Timber & firewood added vide Notification No. 2628 Agri. S(3)-88/4749,
dated the 6th March 1998 and omitted vide Notification No. 951-Agri. S(3)-88/5418 dated
the 23rd March, 1998.
8. Added vide Notification No. 3575-Agri. S(I)-91/23670, dated the 2nd December, 1991.
9. Sr. Nos. 108 to 110 added vide Notification No. 1725-Agri. S (I) 98/21831, dated the 28th
Dec., 1998.
10. S.No. 111 “Timber & Firewood added vide notification dt. 7-8-2006
Open official source version ↗About this act
- Jurisdiction
- Haryana
- Enactment date
- 1961-05-26
- Sections available
- Document reader
India Code, Government of India. Text fetched 11 Oct 2026. Source metadata reports last modification: 2022-07-07. Check the linked official text and subsequent notifications when applying a provision.