Chapter

Miscellaneous

Mode of making contract

(1) subject to the provisions of this Act, no contract of agreement on behalf of the Committee for the purchase, sale, lease, mortgage or other transfer of or acquisition of interest in the immovable property shall be executed except with previous sanction of the committee.

(2) Save as provided in sub section (1) –

(a) Secretary of the Committee may execute contract or agreement on behalf of the Committee where the amount or value of such contract or agreement does not exceed rupees five thousand regarding matters in respect of which he is generally or specifically authorized to do so by a resolution of the Committee.

(b) The Chairman and the Secretary of the Committee may jointly execute a contract or an agreement on behalf of the Committee when the amount or value of such contract or agreement does not exceed rupees twenty thousand.

(c) In any case other than those referred to in clauses (a) and (b), a contract or agreement on behalf of the Committee may be executed by the Chairman, Secretary and two other members of the Committee of whom one shall be ex-officio member who have been generally or specially authorized by a resolution of the Committee to do so.

Octroi not payable on certain agriculture produce

(3) Every contract entered into by the Committee shall be in writing and shall be singed on behalf of the Committee by the person or persons authorized to do so under sub-section (2).

(4) No contract other than a contract executed under the provisions of sub-section(1), (2) or (3) shall be binding on the Committee.

(5) Where a contract or agreement is entered into on behalf of a Committee, the Secretary of the Committee shall report the fact to the Committee in its next meeting held after the date of entering into such contract or agreement.

Notwithstanding anything contained in the Himachal Pradesh Municipal Act, 1994 and the Himachal Pradesh Municipal Corporation Act, 1994, the State Government may, by notification, direct that in respect of such agricultural produce, notified under section 19, brought or received within a notified market area, as may be specified in the notification, no octori shall be payable by any person to a Municipal Committee or Municipal corporation, as the case may be, from such date as may be, from such date as may be specified therein.

Acquisition of land for the Board and committee

(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, as the case may be, requiring it, proceed to acquire land under the provisions of the Land Acquisition Act 1894 and on payment by the Board or the Committee, as the case may be, 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 the Committee, as the case may be.

Supersession of the Board and the Committee

(2) The Board or a Committee shall be deemed to be a local authority for the purposes of the Land acquisition Act, 1894.

(1) When the State Government is of the opinion that the Board has failed in the performance of its functions or discharge of its duties or has exceeded or abused the powers conferred on it by or under this Act, it may, by notification published in the Official Gazette, supersede the Board.

Provided that no order of supersession shall be passed unless the State Government has afforded reasonable opportunity to the Board by submitting a written explanation in respect of the allegations against it.

(2) Where the State Government is of the opinion that a Committee has failed in the performance of its functions or discharge of its duties or has exceeded or abused the powers conferred on it by or under this Act, it may, by notification published in the official Gazette, supersede the Committee.

Provided that no order or supersession shall be passed unless the State Government has afforded reasonable opportunity to the Committee of submitting a written explanation in respect of the allegations against it.

Reference to the Arbitrator in case of
the dispute

Abolition of the Himachal Pradesh Marketing Board and transfer of its assets and liabilities

(3) Upon publication of the notification superseding a Committee under sub-section (2), all the members including the chairman shall, cease to hold the

office, and the State Government shall take steps to constitute a new Committee under section 30 and till such time a new committee is constituted, the Board shall make such arrangements for carrying out the functions of the committee as it may deem fit for the period not exceeding six months and may, for that purpose, direct that all the functions, powers and duties of the Committee and its Chairman, under this Act, shall be performed, exercised and discharged by such person or authority as the Board may appoint in this behalf and such person or authority shall be deemed be the Committee or the chairman, as the case may be.

(1) If any dispute arises out of any agreement or contract entered into, under the provisions of this Act, rules or bye-laws made thereunder, between the Sponsor and Contract Farming Producer or between the Board and the trader or between the Committee and the trader, the same shall be resolved through conciliation and arbitration.

(2) The Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to the conciliation and arbitration proceedings referred under sub-section (1).

(1) On and with effect from the date of establishment of the Himachal Pradesh State Agricultural Marketing Board under section 3 of this Act, the Himachal Pradesh Marketing Board established under the Himachal Pradesh Agricultural Produce Market Act, 1969, shall stand abolished.

. from the date of abolition of the Himachal Pradesh Marketing Board under sub-section (1) –

(a) the members including the Chairman of the Himachal Pradesh Marketing Board shall cease to hold office;

(b) all properties, funds and dues which are vested in or realizable by the Himachal Pradesh marketing Board shall vest in and be realizable by the Board, and

(c) all the liabilities which are enforceable against the Himachal Pradesh Marketing Board shall be enforceable against the Board.

(3) All contracts, agreements, and other instruments entered into immediately before the abolition of the Himachal Pradesh Marketing Board under sub-section (1) and to which the Himachal Pradesh Marketing Board is a party or which are in favour of the Himachal Pradesh Marketing Board shall be deemed to have been entered into by, with or for the Himachal Pradesh State Agricultural Marketing Board.

(4) All suits, appeals or other legal proceedings instituted or which could have been instituted by or against the Himachal Pradesh Marketing Board, immediately before its abolition under sub-section (1), shall be continued or instituted by or against the Board.

Explanation – For the purpose of this sub-section, legal proceedings include any proceeding under the Land Acquisition Act, 1894.

(5) All employees of the Himachal Pradesh Marketing Board, shall, on and from the date of its abolition under sub-section (1) become employee of the Board, and shall hold office in the Board on the same terms and conditions of service and shall continue as such unless and until their terms and conditions of service are altered by the Board with the previous approval of the State Government.

(6) Notwithstanding anything contained in sub-section (5), where any employee of the Himachal Pradesh Marketing Board, by notice in writing given to the Board at any time before the expiry of three months next following the date of abolition of the Himachal Pradesh Marketing Board under sub-section (1), has intimated his intention of not becoming an employee of the Board, he shall cease to be an employee of the Board and shall be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorization of the Himachal Pradesh Marketing Board immediately before its abolition.

Abolition of the Market Committees and transfer of their assets and liabilities

Power to make rules

(7) If any dispute or doubt arises as to which of the properties, rights or liabilities of the Market Committees transferred to the Agricultural Produce Market Committees, as to which of the employees serving under the Market Committees are to be treated as employees of the Agricultural Produce Market Committees under this section, such dispute or doubt shall be referred to the State Government whose decision thereon shall be final.

(1) On and with effect from the date of establishment of the Agricultural Produce Marketing Committees under section 29 of the Act, the Market Committees established under the Himachal Pradesh Agricultural Produce Markets Act, 1969, shall stand abolished.

(2) On and with effect from the date of abolition of the Market Committees under sub-section (1)–

(a) the members including the Chairmen of the Market Committees shall cease to hold office.

(b) all properties, funds and dues which are vested in or realizable by the Marketing Committees shall vest in and be realizable by Agricultural Produce Marketing Committees, and
(c) all liabilities which are enforceable against the Market Committees shall be enforceable against the Agricultural Produce Market Committees.

(3) All contracts agreements, and other instruments entered into immediately before the abolition of the Market Committees under sub-section (1) and to which such Market Committees are a party or which are in favor of such Market Committees shall be deemed to have been entered into by, with or for the respective Agricultural Produce Market Committees.

(4) All suits, appeals or other legal proceedings instituted or which could have been instituted by or against the Market Committees, immediately before their abolition under sub-section (1), shall be continued or instituted by or against the respective Agricultural Produce Market Committees.

Explanation – For the purpose of this sub-section, legal proceedings include any proceedings under the Land Acquisition Act, 1894.

(5) All employees of the Market Committees shall, on and from the date of their abolition under sub-section (1) become employee of the Agricultural Produce Market Committees, and shall hold office in such Market Committees on the same terms and conditions of service and shall continue as such unless and until their terms and conditions of service are altered by the Board with the previous approval of the State Government.

(6) Notwithstanding anything contained in sub-section (5) where any employee of the Market Committees, by notice in writing given to the Board at any time before the expiry of three months next following the date of abolition of the Market Committees under sub-section(1), has intimated his intention of not becoming an employee of the Agricultural Produce Market Committees, he shall cease to be an employee of Agricultural Produce Market Committees and shall be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules of the Himachal Pradesh Marketing Board immediately before its abolition.

(1)The State Government may after previous publication, make rules, consistent with this Act, for carrying out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality to the foregoing power, such rules may provide for –

(a) the quantity of agricultural produce for retail sale under section 2 (zl);

(b) the sitting fee and allowances to be paid from the fund of the Board to the Chairman and non-official members of the Board under section 10;

(2) (v) of section 11;

(d) the duties and functions to be discharged by the Agricultural Produce Marketing Standards Bureau for the promotion of grading, Standardization and quality certification of agricultural produce under sub-section (2) (xiii) of section 11;

(e) the procedure to be followed in exercise of supervision and control over officers and staff of the Board by the Managing Director in the matter of administration, accounts and records and disposal of all questions relating to the service of the employees;

(f) the powers and duties to be exercised and discharged by the Managing Director of the Board under section 12 (iii);

(g) the procedure to be followed in maintaining records of the proceedings of the meetings of the Board under section 12 (viii); (h) the development of infrastructure to establish consumers or farmers markets and the procedure for the sale of agricultural produce by the produce direct to the consumer in the market area under section 23 (1);

(i) the form of agreement for contract farming and the manner in which a person shall enter into agreement with contract farming producer under section 24;

(j) the application for grant and renewal of license for establishment of private yard, consume and farmer market, the period for which the license is to be issued, the form of license and the conditions and the fee to be charged for grant of such license under section 25 (1);

(k)the disqualifications for suspension/cancellation of license under section 26 (e);

(l) the maximum quantity which can be sold by the producer direct to any person for domestic consumption and the maximum quantity of the agricultural produce purchase or sale of which can be undertaken by petty trader under sub-section (2) of section 27;

(m) the transparent system to be followed for settlement of price of the notified agricultural produce for sale into the market yard under sub-section (2) of section 28;

(n) the manner and procedure to be followed by the committee for the conduct of its business under sub-section (3) of section 34;

(o) the procedure to be followed by the Committee to regulate the making, carrying out and enforcement or cancellation of agreements of sales weighment, delivery, payment and other matters relating to the market of notified agricultural produce under clause (iv) of sub-section (2) of section 39;

(p) the form and the manner and procedure to be followed for the maintaining of books of accounts and other documents by the market functionaries under clause (xvi) of sub-section (2) of section 39;

(q) the procedure and the manner to be followed for maintaining and circulating the data of arrivals and rates of agricultural produce standard-wise brought into the market area for sale under clause (iv) of sub-section (3) of section 39;

(r) the form of application for registration or renewal of registration, the form of registration/certificate or renewal of registration certificate, the period within which application for registration or renewal of registration is to be made and the fee for such registration or renewal of registration under section 40 (1) (3);

(s) the manner and the procedure to be followed by the committee for levy and collection of market fee under section 44;

(t) the terms and conditions subject to which financial weak committees may be aided by granting loans and grants out of the marketing development fund under clause (v) of sub-section (4) of section 46;

(u) the form, time and procedure to be followed in preparation of annual report by the Board under sub-section (1) of section 48;

(v) the manner in which the surplus remaining with the Committee shall be invested under sub-section (1) of section 49;

(w) the manner in which any money received by the Committee by way of arbitration fee, security for cost in arbitration proceeding, security deposit, contribution to provident fund, payment in respect of any notified agricultural produce respect of any notified agricultural produce, other charges payable by the Committee or such other money received by the Committee under the rules or bye-laws, shall be kept under sub-section (2) of section 49;

(x) the form, procedure and manner and the period within which the Committee shall prepare and pass the budget and its income and expenditure for the ensuing year under sub-section (1) of section 50;

(y) the manner and procedure for payment of honorarium and traveling allowance to the Chairman and other non-official members of the Committee and to the employees of the Committee under clause (x) of section 51;

(z) the conditions subject to which the Committee for the purpose of meeting the initial expenditure on lands, buildings and equipments required for the establishment of market, may obtain loan from the State Government or the Board or other Committees or financial institutions under sub-section (2) of section 52;

(za) the form and the manner in which a statement of transaction shall be submitted to the Secretary of the Committee for the previous financial year ending on 31st March under sub-section (1) of section 60;

(zb) the form and the manner in which an appeal may be filed under sub-section (1) of section 68; and

(zc) any other matter which is to be or may be prescribed.

(3) All rules made under this Act shall be laid, as soon as may be, after they are made, before the Legislative Assembly, while it is in session, for a total period of fifteen days which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following. Assembly agrees in making any modifications in the rules of Assembly decides that the rule should not be made, such rules shall have effect only in such modified form or be of no effect, as the case may be. However, that any such modification or annulment shall be without prejudice to the validity of anything done earlier under that rule.

(4) Every rule made under his act shall, as soon as may be after they are made be laid before the Legislative Assembly .

Power to make bye-laws

(1) Subject to any rules made by the State Government under section 83, the Board may, in respect of the notified market area, make bye-laws for, -

(i) the regulation of business of the Market Committee,

(ii) the conditions of trading in a market;

(iii) the delegation of powers, duties and functions to a sub-committee, if any.

(iv) enabling and regulating e-trading;

(v) any other matters for which bye-laws are to be made under this Act or it may be necessary to frame bye-laws for effectively implementing the provisions of this Act and the rule made thereunder in the market area.

Power to make Regulations

(2) No bye-law shall take effect until it has been published for information and notified in the Rajpatra, Himachal Pradesh.

Subject to the rules made under this Act, the Board may with the previous approval of the State Government frame regulations for -

(a) summoning and holding of meetings of the Board, the time and date when such meetings are to be held, the conduct of business at such meetings;

(b) powers and duties of the officers and other employees of the Board;

(c) Salaries and allowances and other conditions of service of officers and other employees of the Board and the Market Committees.

(d) management of the property of the Board;

(e) Execution of contracts on behalf of the Board;

(f) maintenance of accounts and the preparation of balance sheet by the Board;

(g) procedure for carrying out the functions of the Board under this Act;

(h) other matter for which provision is to be or maybe made in regulation.

Repeal and savings

The Himachal Pradesh Agricultural Produce Market Act, 1969 is hereby repealed:

Provided that such repeal shall not affect :-

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder, or

(b) the right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act, or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act has not been enforced;

Provided further that subject to the preceding proviso any thing done or any action taken (including any appointment, or delegation made, notification, notice, order, instructions or direction issued, rules regulations, bye-laws, form, scheme framed, certificate obtained, permit or license granted, registration affected, fee levied), under the repealed Act shall, in so far as it is in force immediately before the coming into force of this Act and is not inconsistent with the provisions of this Act be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.