{ "schema_version": "qanun-law-text/1", "id": "punjab-code-2f4f92f6d271c150", "title": "PUNJAB AGRICULTURAL PRODUCE MARKETS ORDINANCE, 1978", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/XWgBMgUyVmM-", "version": null, "source_snapshot": "2026-08-06T16:50:54Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "e616232086ac754a5e12284f2535c34be9ac1dc6d2f56f0d4e46c34cc7912453", "source_sha256": "e616232086ac754a5e12284f2535c34be9ac1dc6d2f56f0d4e46c34cc7912453", "text_version_id": "law:punjab-code-2f4f92f6d271c150:sha256:e616232086ac754a5e12284f2535c34be9ac1dc6d2f56f0d4e46c34cc7912453", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB AGRICULTURAL PRODUCE MARKETS\r\nORDINANCE, 1978\r\n(XXIII of 1978)\r\nCONTENTS\r\n1. Short title, extent and commencement\r\n2. Definitions\r\n3. Notification of intention of exercising control over purchase and sale of\r\nagricultural produce in specified area\r\n4. Declaration of notified area\r\n5. Market committee to issue and renew licences\r\n6. Application fo r licence fee to be paid and cancellation or suspension of\r\nlicences\r\n7. Establishment of market committees\r\n8. Constitution of the market committee\r\n9. Duties of the market committee\r\n10. Period of office of members\r\n11. Removal of members\r\n12. Election of chairman and vice-chairman\r\n13. Filling of vacancies\r\n14. Incorporation of committee\r\n15. Sub-committee and delegation of powers\r\n16. Appointment and salaries of officers and servants of Market\r\nCommittees\r\n17. Employees and members to be public servants within the meaning of the\r\nPakistan Penal Code\r\n18. Execution of contracts\r\n19. Levy of fees\r\n20. Market committee funds\r\n21. Purposes for which the fund may be expended\r\n22. Levy of surcharge on loss\r\n23. Trade allowance\r\n24. Arbitration Board\r\n25. Bar of suit in absence of notice\r\n26. Power to borrow\r\n27. Power to annul proceedings\r\n28. Supersession of market committee\r\n28-A. Dissolution of the market committee\r\n29. Acquisition of land\r\n30. Encroachment\r\n31. Training institution\r\n32. Recovery of dues\r\n33. Emergency powers\r\n34. Penalties\r\n35. Powers to make rules\r\n36. Bye-laws\r\n37. Trial of offences\r\n38. Validation of continuance of functions of certain authorities and officers\r\n39. Repeal\r\nTEXT\r\n1\r\nTHE PUNJAB AGRICULTURAL PRODUCE MARKETS ORDINANCE, 1978\r\n(XXIII of 1978)\r\n[18th December, 1978]\r\nAn\r\nOrdinance\r\nto provide for the better regulation of purchase and sale of agricultural produce and the\r\nestablishment of markets for agricultural produce in the Province of the Punjab.\r\nPreamble.– WHEREAS it is expedient to provide for the better regulation of purchase\r\nand sale of agricultural produce and for that purpose to establish markets and make\r\nrules for their proper administration in the manner hereinafter appearing.\r\nNOW, THEREFORE, in pursuance of the Proclamation of fifth day of July, 1977,\r\nread with the Laws (Continuance in Force) Order, 1977(CMLA Order I of 1977), the\r\nGovernor of the Punjab is pleased to make and promulgate the following Ordinance:–\r\n1. Short title, extent and commencement.– (1) This Ordinance may be called the\r\nPunjab Agricultural Produce Markets Ordinance, 1978.\r\n(2) It extends to the Province of the Punjab.\r\n(3) It shall come into force at once.\r\n2. Definitions.– In this Ordinance, unless there is anything repug nant in the\r\nsubject or context:\r\n(a) “agricultural produce” means:\r\n(i) barley and its atta, sattu, bhusa;\r\n(ii) bajra (grains) and its atta;\r\n(iii) cotton unginned (phutti), cotton ginned (lint), cotton waste;\r\n(iv) chillies (green, dry and ground);\r\n(v) fodders viz. senji, lucern, shaftal, berseem, shalgham, guara,\r\nchari, bajra, maize, javi, barley, wheat, jowar (green and dry) and\r\ntheir seeds, methi, metha, swank, oats, ajwain;\r\n(vi) fruits and vegetables (fresh and dry) and their squashes, jams,\r\npickles, cordials, marmalades, chutnies, sauce, jellies;\r\n(vii) firewood and tanning bark;\r\n(viii) gram (whole and split) and its chollia, atta, kera, surri, bura,\r\nwanda;\r\n(ix) jute (seed and fibre);\r\n(x) jowar (grains) and its atta;\r\n1This Ordinance was promulgated by the Governor of the Punjab on 13th December, 1978; and, was published in the Punjab\r\nGazette (Extraordinary), dated 18th December, 1978, pages 1799-A to 1799-Y.\r\n(xi)\r\n2\r\n[* * *] poultry inc luding turkeys (dressed or otherwise), fish and\r\nlivestock products viz. beef, mutton, hides and skins (dry and wet),\r\nbones, bone meals, feeds, wool, hair, eggs, cheese, butter, desi\r\nghee, milk and curd (dehi);\r\n(xii) mehndi (leaves and powder);\r\n(xiii) maize (grains), maize cobs (dry and green) and its atta, starch,\r\nsugar (glucose), gluten, meals and wastes;\r\n(xiv) oilseeds, viz., cottonseed, linseed, sarson , raya, toria, taramira,\r\nsoyabeen, sunflower, til, groundnut, castor, palm and their oils, oil -\r\ncakes, hulls, meals, feeds, vegetable ghee;\r\n(xv) pulses (whole and split) viz. moong, mash, masoor, moth, raj\r\nmash, arhar, lobia, gram and other beans;\r\n(xvi) rice (paddy), rice (cleaned), rice (broken) phak, parali, hulls, husks\r\n(rice silver);\r\n(xvii) sugarcane and its products viz. gur, shakkar, sugar (desi and\r\nrefined) molasses, sugarcane juice;\r\n(xviii) tobacco leaves, tobacco cured and its snuff or naswar and guraku;\r\n(xix) wheat and its atta, maida, suji, dalia, starch, chokar, bran, bhusa;\r\nand\r\nany other commodity that may hereafter be declared by notification\r\nto be agricultural produce for the purposes of this Ordinance.\r\n3\r\n[(xx) ‘zila council’ means a zila council as constituted under the Punjab\r\nLocal Government Ordinance,\r\n4\r\n[2001 (XIII of 2001)];]\r\n(b) “dealer” means any person who within the notified market area sets up,\r\nestablishes, uses or allows to be used any place for the purchase or sale\r\nof the agricultural produce;\r\n(c) “Director of Agriculture (Economics and Marketing)” means the Director of\r\nAgriculture (Economics and Marketing), Punjab;\r\n(d) “Deputy Director of Agriculture (Economics and Marketing)” means the\r\nDeputy Director of Agriculture (Economics and Marketing) concerned;\r\n(e) “\r\n5\r\n[District Coordination Officer]” means the\r\n6\r\n[District Coordination Officer]\r\nof the district within the boundaries of which the notified market area\r\nconcerned is situate;\r\n2The words “livestock viz. (male or female, milch or draft) goats, sheep, buffalo, cow, camel, horse, and” deleted, by the Punjab\r\nAgricultural Produce Markets (Amendmen t) Ordinance, 1980 (IV of 1980); and published in the Punjab Gazette (Extraordinary),\r\ndated 7.5.1980, pages 451-A to 451-B, s.2.\r\n3Inserted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1980 (IV of 1980); and published in the Punjab\r\nGazette (Extraordinary), dated 7.5.1980, pages 451-A to 451-B, s.2.\r\n4Substituted for the figures “1979 (VI of 1979)” by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001 (XXIII of\r\n2001); and published in the Punjab Gazette (Extraordinary), dated 3.10.2001 , pages 1707-1710, s.2, which will remain in force\r\nunder the Provisional Cons titution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three\r\nmonths prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\n5Substituted for the words “Deputy Commissioner” by the Punjab A gricultural Produce Markets (Amendment) Ordinance, 2001\r\n(XXIII of 2001); and published in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.2, which will remain in\r\nforce under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three\r\nmonths prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\n(f) “Extra Assistant Director of Agriculture (Economics and Marketing)”\r\nmeans the Extra Assistant Director of Agriculture (Economics and\r\nMarketing) concerned;\r\n7\r\n[(g) “Grower” means a person who by himself or through tenants or\r\notherwise grows, rears or produces agricultural produce but shall not\r\ninclude a person, who works as a dealer or broker either individually or\r\nas a partner of a firm of dealers or brokers or is otherwise engaged in\r\nthe business of disposal, storage or processing of agricultural produce;]\r\n(h) “Government” means the Government of the Punjab\r\n8\r\n[;]\r\n(i) “market” means a building, block of buildings, enclosure or other area\r\nwhich may be so notified in accordance with the rules framed under this\r\nOrdinance;\r\n(j) “market committee” means a market committee established under\r\nsection 7 of this Ordinance;\r\n(k) “notified market area” means any area notified under section 4 of this\r\nOrdinance;\r\n(l) “prescribed” mea ns prescribed by rules or bye -laws made under this\r\nOrdinance;\r\n(m) “secretary market committee” means the secretary of the market\r\ncommittee concerned;\r\n(n) “trade allowance” means such allowance as may be prescribed under\r\nthe rules or may be specified in the bye-laws of a market committee;\r\n(o) “ware-houseman” includes a person who stores any agricultural produce\r\nnot belonging to himself and charges rent therefor in any form, from the\r\npersons at whose instance the said produce is so stored\r\n9\r\n[; and]\r\n10\r\n[(p) ‘Zila Nazim’ means Zila Nazim as defined under section 2 (XXIV) of the\r\nPunjab Local Government Ordinance, 2001 (XIII of 2001)].\r\n3. Notification of intention of exercising control over purchase and sale of\r\nagricultural produce in specified area. – Government may by notification, declare its\r\nintention of exercising control over the purchase and sale of such agricultural produce\r\nand in such area as may be specified in the notification. Such notification shall state\r\nthat all objections or suggestions, which may be re ceived by the\r\n11\r\n[District Coordination\r\n6Ibid.\r\n7Substituted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2002 (X of 2002) ; and published in the Punjab\r\nGazette (Extraordinary), dated 21.2.2002, s.2 , which will remain in force under the Provisional Constitution (Amendment) Order\r\n1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Art icle 128 of the Constitution of\r\nthe Islamic Republic of Pakistan.\r\n8Misprinted in the original Gazette as full stop.\r\n9The full -stop substituted by a semi -colon and the word “and” added thereafter, by the Punjab Agricultural Produce Markets\r\n(Amendment) Ordin ance, 2001, (XXIII of 2001) ; and published in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages\r\n1707-1710, s.2 , which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,\r\nnotwithstanding the maximu m limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of\r\nPakistan.\r\n10Added ibid.\r\n11Substituted ibid., s.3, for the words “Deputy Commissioner”.\r\nOfficer] through Extra Assistant Director of Agriculture (Economics and Marketing)\r\nwithin a period to be specified in the notification will be considered:\r\nProvided that such period shall not be less than 30 days from the date of issue\r\nof the notification.\r\n4. Declaration of notified area. – (1) After the expiry of the period specified in the\r\nnotification under section 3 and after considering such objections and suggestions as\r\nmay be received before the expiry of the spec ified period, the Government may, by\r\nnotification and in any other manner that may be prescribed, declare the area notified\r\nunder section 3 or any portion thereof to be a notified market area for the purposes of\r\nthis Ordinance and the agricultural produce over which control is to be exercised in that\r\narea.\r\n(2) Government may at any time by notification declare its intention to\r\nexclude any area which is already declared as a notified market area and also to\r\ninclude or reinclude any area and in so doing the procedure laid down in section 3 and\r\nsub-section (1) of this section shall be followed.\r\n(3) After the date of issue of such notification and on the establishment of\r\nmarket committee under section 7, no local authority, notwithstanding anything\r\ncontained in any other law entitling such local authority to establish a market, and no\r\nperson for himself or on behalf of another person unless exempted by rules framed\r\nunder this Ordinance, shall, within the notified market area, set up, establish or use any\r\nplace for the purchase or sale of the agricultural produce or purchase sell, store or\r\nprocess such agricultural produce except under and in accordance with the terms and\r\nconditions of a licence granted under the provisions of this Ordinance.\r\nProvided that a lic ence shall not be required by a grower who either himself or\r\nthrough a bona fide agent sells his own agricultural produce or the produce of his\r\ntenant or by a person who purchases any agricultural produce for his private or\r\ndomestic use.\r\nProvided further that in the case of a market committee established for the first\r\ntime under this Ordinance no person shall be deemed to have violated this provision if\r\nhe has made an application to the market committee for grant of a licence.\r\n(4) No person shall within the market, store, purchase, sell or in any other\r\nmanner deal in any commodity which is not declared as agricultural produce.\r\n5. Market committee to issue and renew licences.– Subject to such rules as the\r\nGovernment may make in this behalf, the market comm ittee concerned shall be the\r\nAuthority to issue licence to a dealer under this Ordinance and to renew such a licence.\r\n6. Application for license fee to be paid and cancellation or suspension of\r\nlicenses.– (1) Any person who wishes to work as a dealer in no tified market area may\r\napply on the prescribed form to the market committee concerned for a licence or for the\r\nrenewal of the licence which shall be granted for such period in such form, on such\r\nconditions and on payment of such fee not exceeding Rs. 1,000 /- per annum as may\r\nbe prescribed\r\n12\r\n[.]\r\n13\r\n[* * *]\r\n12Substituted for the comma by the Punjab Agricultural Produce Markets ( Amendment) Ordinance, 2001, (XXIII of 2001); and\r\npublished in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s. 4, which will remain in force under the\r\nProvisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithsta nding the maximum limit of three months\r\nprescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\n(2) Licence under this Ordinance shall not be granted to a person who:–\r\n(a) is a minor; or\r\n(b) is found to be of unsound mind by a court of competent jurisdiction; or\r\n(c) is a declared insolvent; or\r\n(d) has been found guilty of criminal misappropriation or criminal breach of\r\ntrust or cheating or any other offence involving moral turpitude or an\r\nabetment of or attempt to commit any such offence by a court of\r\ncompetent jurisdiction, provided that this disqualification will not operate if\r\na period of three years has elapsed since the completion of the sentence\r\nimposed on any person in respect of any such offence.\r\n(3) If any person carrying on business of a dealer in a notified market area\r\non the date of issue of notification under section 4 fails to apply for a licence within\r\nthirty days, from the date of issue of such notification, the market committee may\r\nrefuse to grant him a licence unless he deposits late fee as specified below in cash\r\nwith the market committee:–\r\nRs.\r\n(i) Upto 3 months 1,000/-\r\n(ii) Upto 6 months 2,000/-\r\n(iii) Exceeding 6 months 3,000/-\r\n(4) The market committee may, on being satisfied that there has been a\r\nbreach of any of the conditions of a licence, by an order in writing, cancel or suspend\r\nsuch licence and may also direct that such licence shall not be renewed for such period\r\nnot exceeding four months for a first breach and not exceeding nine months for a\r\nsecond or subsequent breach as may be specified in that order.\r\nProvided that no such order shall be passed without giving the licencee an\r\nopportunity to show cause within 15 days from the date of issue of the show cause\r\nnotice.\r\n(5) Any person aggrieved by an order passed under sub -section (4) may, at\r\nany time within one month of the passi ng of the order, appeal to the Extra Assistant\r\nDirector of Agriculture (Economics and Marketing) of the district against such order.\r\nThe order of the Extra Assistant Director of Agriculture (Economics and Marketing),\r\n14\r\n[Passed after providing an opportunity of being heard to the appellant] if confirmed by\r\nthe Deputy Director Agriculture (Economics and Marketing) shall be final.\r\n7. Establishment of market committees. – (1) The Government shall, by\r\nnotification, establish a market committee for every notified market area.\r\n(2) The market committee constituted and established under the Agricultural\r\nProduce Market Act, 1939 (Act No. V of 1939) and the Punjab Local Government Act,\r\n13Omitted the proviso, by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001) ; and published\r\nin the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.4, which will remain in force under the Provisional\r\nConstitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed unde r\r\nArticle 128 of the Constitution of the Islamic Republic of Pakistan.\r\n14Inserted by the Punjab Agricultural Produce Markets (Amendment) O rdinance, 1984 (XXXIII of 1984); and published in the\r\nPunjab Gazette (Extraordinary), dated 17.12.1984, pages 2053-2055, s.2.\r\n1975 (Act No. XXXIV of 1975), shall be deemed to have been constituted under this\r\nOrdinance.\r\n8. Constitution of the market committee. – (1) A market committee shall consist\r\nof ten or seventeen members as Government may in each case determine.\r\n(2) Of these members one may be appointed by Government from amongst\r\nthe employees of the Agriculture Department.\r\n15\r\n[(3) The remaining members shall be appointed by the Zila Council out of the\r\npanel of names recommended by the Zila Nazim and in case there is no Zila Council\r\nthe District Coordination Officer will recommend the names to the Government, e qual\r\nto twice the number of vacancies to be filled in the manner provided hereunder that is\r\nto say]–\r\n(a) if the committee is to consist of ten members, there shall be appointed–\r\n(i) five members from growers of the notified market area concerned;\r\nand\r\n(ii) two members from persons licenced under section 6 and one\r\nmember from persons licenced under section 9 and working as a\r\nweighman, broker or palledar in the notified market area\r\nconcerned; and\r\n(iii) one member from amongst the consumers resident in the noti fied\r\nmarket area concerned who is not a dealer or a grower.\r\n(b) if the committee is to consist of seventeen mem bers, there shall be\r\nappointed:–\r\n(i) nine members from growers of the notified market area concerned;\r\n(ii) five members from persons licensed und er section 6 and one\r\nmember from persons licensed under section 9 and working as a\r\nweighman, broker or palledar from the notified market area\r\nconcerned; and\r\n(iii) one member from amongst the consumers resident in the notified\r\nmarket area concerned who is not a dealer or a grower.\r\n(4) If any question arises as to whether any person is or is not a grower for\r\nthe purposes of this Ordinance the decision of\r\n16\r\n[the zila council and in case there is no\r\nzila council, that of] the\r\n17\r\n[District Coordination Officer] shall be final.\r\n18\r\n[Provided that the decision shall not be made without providing an opportunity\r\nof being heard to the person to be affected thereby.]\r\n15Substituted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001) ; and published in the\r\nPunjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.5 , which will remain in force under the Provisional\r\nConstitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under\r\nArticle 128 of the Constitution of the Islamic Republic of Pakistan.\r\n16Inserted by the Punjab Agricultural Produce Markets (Amendmen t) Ordinance, 1980 (IV of 1980); and published in the Punjab\r\nGazette (Extraordinary), dated 7.5.1980, pages 451-A to 451-B, s.2.\r\n17Substituted for the words “Deputy Commissioner” by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001,\r\n(XXIII of 2001); and published in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.5, which will remain in\r\nforce under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit ofthree\r\nmonths prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\n(5) Not more than one person related to each other as father, son, brother,\r\nuncle, brother -in-law, son -in-law and their ascendants and descendants shall be\r\nappointed as a member of the same market committee.\r\n(6) No person shall be appointed as a member of a market committee for two\r\nconsecutive terms.\r\n(7) No act done by a market committee shall be called in q uestion on the\r\nground merely of the existence of any vacancy, or any defect in the constitution of the\r\nmarket committee.\r\n9. Duties of the market committee. – (1) The market committee shall enforce the\r\nprovisions of this Ordinance and the rules and bye -laws made thereunder in the\r\nnotified market area and when so required by the Government, shall establish a market\r\ntherein providing such facilities for persons visiting it in connection with the purchase,\r\nsale, storage, weighment, pressing and processing of agr icultural produce as the\r\nGovernment may from time to time direct.\r\n(2) Subject to such rules as Government may make in this behalf, the market\r\ncommittee shall issue licences to brokers, weighmen, measurers, surveyors,\r\nwarehousemen, changers, palledars, bor iotas, tolas, tokrewalas and rehriwalas for\r\ncarrying on their occupation in the market area in respect of agricultural produce and to\r\nrenew, suspend or cancel such licences.\r\n(3) No broker, weighman, measurer, surveyor, warehouseman, changer,\r\npalledar, boriota, tola, tokrewala and rehriwala shall, unless duly authorised by licence,\r\ncarry on his occupation in a notified market area in respect of agriculture produce.\r\n10. Period of office of members. – Subject to the provisions of section 13, every\r\nmember shall hold office for a period of three years from the date of his appointment\r\nand if on the expiry of this period no person is appointed is to succeed him, such\r\nmember shall, unless the Government otherwise directs, continue to hold office until\r\nhis successor is appointed.\r\n11. Removal of members. – The\r\n19\r\n[*****]\r\n20\r\n[Zila Council and in case there is no Zila\r\nCouncil the Government] may at any time, by notification\r\n21\r\n[after providing him an\r\nopportunity of being heard], remove any member if such member has, in their op inion,\r\nbeen guilty of misconduct or neglect of duty or has been wrongly or improperly\r\nappointed or has lost the qualification on the strength of which he was appointed or\r\nwhose continuance as a member, in the opinion of\r\n22\r\n[* * *]\r\n23\r\n[Zila Council and in case\r\nthere is no Zila Council the Government], is not desirable.\r\n18Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984); and published in the Punjab\r\nGazette (Extraordinary), dated 17.12.1984, pages 2053-2055, s.2.\r\n19The word “Government” deleted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001); and\r\npublished in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.6 , which will remain in force under the\r\nProvisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months\r\nprescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\n20Inserted ibid.\r\n21Inserted by the Punjab Agr icultural Produce Markets (Amendment) O rdinance, 1984 (XXXIII of 1984); and published in the\r\nPunjab Gazette (Extraordinary), dated 17.12.1984, pages 2053-2055, s.2.\r\n22The word “Government” deleted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001); and\r\npublished in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.7 , which will remain in force under the\r\nProvisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximu m limit of three months\r\nprescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\n12. Election of chairman and vice-chairman.– Every market committee shall elect\r\nfrom amongst its members a chairman and vice-chairman;\r\nProvided that a member who is not a grower shall not be elig ible for election a s\r\nchairman.\r\n13. Filling of vacancies. – If any vacancy of a member of a market committee\r\noccurs due to his death, resignation, transfer or retirement or is caused by the removal\r\nof any member in accordance with the provisions of section 1 1,\r\n24\r\n[* * *]\r\n25\r\n[Zila Council\r\nand in case there is no Zila Council the Government] may appoint any person as a\r\nmember to fill such vacancy in accordance with the provisions of Section 8.\r\nProvided that the term of office of the member so appointed shall expi re on the\r\nsame date as the term of office of the vacating member would have expired had the\r\nlatter held office for the full period allowed under section 10 unless there be delay in\r\nappointing a new member to succeed the member first mentioned above, in whi ch\r\ncase it shall expire on the date on which his successor is appointed by the\r\n26\r\n[Zila\r\nCouncil and in case there is no Zila Council by the] Government.\r\n14. Incorporation of committee. – Every market committee shall be a body\r\ncorporate by such name as the Government may specify in the notification establishing\r\nit, shall have perpetual succession and a common seal, may sue and be sued in its\r\ncorporate name, and shall, subject to the provisions of section 26, be competent to\r\nacquire and hold property, both movab le and immovable, to lease, sell or otherwise\r\ntransfer any movable or immovable property which may have become vested in or\r\nbeen acquired by it, and to contract and to do all other things necessary for the\r\npurpose for which it is established.\r\nProvided tha t no market committee shall permanently transfer any immovable\r\nproperty except in pursuance of a resolution passed at a meeting specially convened\r\nfor the purpose by a majority of not less than three fourth of the members of the market\r\ncommittee.\r\n15. Sub-committee and delegation of powers. – (1) The market committee may\r\nappoint two or more of its members to be a sub -committee for the conduct of any work\r\nor to report on any matter.\r\n(2) The market committee may delegate to or withdraw from any one or more\r\nof its members or sub -committee such of its powers or duties and in such manner as\r\nmay be prescribed.\r\n16. Appointment and s alaries of officers and servant of Market Committees.–\r\n27\r\n[(1) Subject to such rules as may be made by the Government in this behalf, the\r\n23Inserted ibid.\r\n24The word “Government” deleted ibid., s.7.\r\n25Inserted ibid.\r\n26Inserted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001); and published in the Punjab\r\nGazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.7 , which will remain in force under the Provisional Constitution\r\n(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of\r\nthe Constitution of the Islamic Republic of Pakistan.\r\n27Substituted by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001, (XXIII of 2001); and published in the\r\nPunjab Gazette (Extraord inary), dated 3.10.2001, pages 1707 -1710, s.8, which will remain in force under the Provisional\r\nConstitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed unde r\r\nArticle 128 of the Constitution of the Islamic Republic of Pakistan.\r\nMarket Committee, Director of Agriculture (Economics and Marketing) and Government\r\nmay employ such persons as may be necessary for the management of the Market\r\nincluding seasonal and part time staff. The appointments, salaries and other service\r\nconditions of the employees of Market Committee, including leave, allowances,\r\npension, gratuity, compassionate allowances, contribution to any provident fund\r\ncreated in this respect shall be governed by the rules framed by the Government. The\r\nappointment of seasonal and part -time staff shall be made in accordance with\r\nbudgetary provision.]\r\n(2) The Government may constitute a market committee employees cadre for\r\nsuch employees and on such terms and conditions of service as may be prescribed.\r\n(3) Subject to such rules as may be made by the Government, every\r\nemployee of a market committee shall be liable to be transferred for service in any\r\nmarket committee of the Province.\r\n(4) The committee shall, in the case of any Government servant whom it\r\nemploys, pay to Governmen t such contribution towards pension and leave allowances\r\nof such servant as may be payable under the regulations applicable to that\r\nGovernment servant.\r\n17. Employees and members to be public servants within the meaning of the\r\nPakistan Penal Code. – Every pe rson employed by a market committee and every\r\nmember thereof shall be deemed to be a public servant within the meaning of section\r\n21 of the Pakistan Penal Code.\r\n18. Execution of contracts. – (1) Every contract entered into by a market\r\ncommittee shall be in writing and shall be signed on behalf of the market committee by\r\nthe chairman and two members or, if, for any reason the chairman is unable to act, by\r\nthe vice-chairman and two members of the market committee and shall be sealed with\r\nthe common seal of the market committee.\r\n(2) No contract other than a contract executed in the manner provided in\r\nsub-section (1) shall be binding on a market committee.\r\n19. Levy of fees.– A market committee may, subject to such rules as may be made\r\nby Government in this behal f, levy fees, not exceeding the maximum rates prescribed,\r\non the agricultural produce bought or sold by or through a dea ler in the notified market\r\narea;\r\nProvided that;\r\n(a) no fee shall be leviable in respect of any transaction in which delivery of\r\nthe agricultural produce bought or sold is not actually made;\r\n(b) no fee shall be leviable on a person who is not a party to a transaction;\r\n(c) no fee shall be leviable in respect of any subsequent transaction of sale\r\nor purchase within the same notified area of an agricultural produce\r\nextracted after being subjected to manufacturing or processing.\r\n20. Market committee funds. – (1) All moneys received by a market committee\r\nshall be deposited into a fund to be called the market committee fund. All expenditure\r\nincurred by a market committee under or for the purposes of this Ordinance shall be\r\ndefrayed out of the said fund and any surplus remaining after meeting such\r\nexpenditure shall be invested in such manner as may be prescribed.\r\n(2)(a) Every market committee shall , out of its fund, pay to the Government the\r\ncost of any special or additional staff employed by the Government in consultation with\r\nthe market committee for giving effect to provisions of this Ordinance in the notified\r\nmarket area.\r\n(b) The Government shal l determine the cost of such special or additional\r\nstaff and shall, where the staff is employed for the purposes of more\r\nmarket committees than one, apportion such cost among the committees\r\nconcerned in such manner as they think fit. The decision of the\r\nGovernment determining the amount payable by any market committee\r\nshall be final.\r\n(3) Every market committee shall, out of its fund, pay to the Government\r\nsuch percentage of its income as may be prescribed, to be credited to a fund\r\nmaintained and operated u pon by the Government for purposes common to or in the\r\noverall interests of the market committees.\r\n21. Purposes for which the fund may be expended. – Subject to the provisions of\r\nsection 20, the market committees fund shall be expended for the following purposes\r\nonly:–\r\n(i) acquisition of land for the establishment of market or markets;\r\n(ii) maintenance and improvement of the markets including construction of\r\nstorages, platforms small pullies, culverts and roads;\r\n(iii) construction and repair of buildings which are necessary for the purposes\r\nof establishing such markets and for the health, convenience and safety\r\nof the persons using them;\r\n(iv) collection and dissemination of information regarding all matters relating\r\nto marketing in respect of the agricultural produce and propaganda in\r\nfavour of agricultural improvement and thrift;\r\n(v) providing comforts and facilities, such as light, sanitation, shelter, shade,\r\nparking, accommodation and water for the persons, draught cattle,\r\nvehicles and pack animals coming t o the market and similar other\r\npurposes;\r\n(vi) provision of facilities such as cleaning sets, plants for grading,\r\nstandardization, packing and processing of agricultural produce;\r\n(vii) construction of cold storages, warehouses and godowns for the benefit of\r\ngrowers;\r\n(viii) establishment of feeder markets;\r\n(ix) provision and maintenance of standard weights and measures;\r\n(x) pay, leave, compassionate and medical allowances, gratuities, pensions,\r\nhonoraria and contributions towards leave allowance s or provident fund\r\nof the persons employed by market committee;\r\n(xi) payment of interest on loans that may be raised for purposes of the\r\nmarket and the provision of sinking fund in respect of such loans;\r\n(xii) expenses incurred in auditing the account of market committees;\r\n(xiii) payment of travelling allowances to the members and employees of\r\nmarket committees and members of the Board of Arbitrators as\r\nprescribed;\r\n(xiv) payment of allowances and honoraria to the Administrator of the\r\nsuperseded market committee;\r\n(xv) contribution towards the market committees fund subject to rules framed\r\nthereunder;\r\n(xvi) payment of property tax and house tax;\r\n(xvii) payment of other taxes as covered by appropriate Acts/ Ordinances;\r\n(xviii) engagement of a lawyer;\r\n(xix) subject to previous sanction of the Government:–\r\n(a) purchase of load carrying vehicles for bringing agricultural produce\r\nof farmers to the market;\r\n(b) agriculture implements and machinery to be distributed amongst\r\ngrowers of the market area;\r\n(xx) holding of agriculture me las, fairs, exhibitions and shows for agriculture\r\npublicity and propaganda amongst farmers for improved production;\r\n(xxi) advance of loans on interest to other market committees in the district for\r\ncarrying out development projects, with the previous sanct ion of the\r\nGovernment;\r\n(xxii) training of members and staff of market committees and members of the\r\nBoard of Arbitrators;\r\n(xxiii) purchase/sale of essential agriculture commodities;\r\n(xxiv) any other purpose that may be declared by notification by the\r\nGovernment for improvement of agriculture and agriculture marketing,\r\nwhich is calculated to promote the general interest of the farmer.\r\n22. Levy of surcharge on loss.– (1) Every person shall be liable for the loss, waste\r\nor mis-application of any money or prope rty belonging to a market committee, if such\r\nloss, waste or mis-application is proved to the satisfaction of the\r\n28\r\n[District Coordination\r\nOfficer] or any other officer specially empowered in this behalf by the Government to\r\nbe the direct consequence of such person’s neglect or mis-conduct in the performance\r\nof his duties while being a member of the market committee.\r\n(2) The person against whom an order under sub -section (1) is made may\r\nwithin one month of the issue of such order, appeal to the Government wh ich shall\r\nhave the power of confirming, modifying or setting aside the order.\r\n23. Trade allowance.– No trade allowance, other than an allowance prescribed by\r\nrules or bye -laws made under this Ordinance shall be made or received in a notified\r\n28Substituted for the words “Deputy Commissioner” by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001\r\n(XXIII of 2001); and published in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707 -1710, s.9, which will remain in\r\nforce under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit ofthree\r\nmonths prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\nmarket area by any person in any transaction in respect of agricultural produce and no\r\ncivil court shall, in any suit or proceeding arising out of any such transaction, recognize\r\nany trade allowance not so prescribed.\r\n24. Arbitration Board.– (1) The Government may, by n otification, direct that all or\r\nany of the disputes, other than a dispute to which all the parties are dealers, arising in\r\na notified market area, and relating to such matters connected with agricultural produce\r\nas may be prescribed shall be referred to a Board of Arbitrators constituted under this\r\nOrdinance in such manner, for such period and subject to such provisions as may be\r\nprescribed.\r\n(2) The Board shall receive and record evidence, and shall have power to\r\nadminister oaths to parties and witnesses, and, on requisition in writing signed by the\r\nchairman of the Board, the Magistrate authorised by the\r\n29\r\n[Sessions Judge] in this\r\nbehalf shall issue necessary processes for the attendance of witnesses and the\r\nproduction of documents and material objects requi red by the Board, and may enforce\r\nthe said processes as if they were processes for attendance and for production before\r\nhimself.\r\n(3) No member of the Board, who has a direct interest in the matter under\r\nreference, shall take part in the consideration or d iscussion of, or vote on any question\r\nwith respect to the said matter.\r\n(4) The decision of the Board of Arbitrators shall be in accordance with\r\nmajority of votes.\r\n(5) If a majority of votes is not in favour of any proposed decision, the opinion\r\nof the Chairman of the Board shall prevail.\r\n(6) The decision of a Board of Arbitrators shall:–\r\n(a) be enforced by a civil court having jurisdiction as if it were a decree of\r\nthat court; and\r\n(b) be final and shall not be questioned in any court.\r\n25. Bar of suit in absence of notice. – (1) No suit shall be instituted against any\r\nmarket committee or any member or employee thereof or any person acting under the\r\ndirection of any such market committee, member, or employee for anything done or\r\npurporting to be done under t his Ordinance, until the expiration of two months next\r\nafter a notice in writing, stating the cause of action, the name and place of abode of the\r\nintending plaintiff and the relief which he claims, has been, in the case of a market\r\ncommittee, delivered or left at its office, and in the case of any such member,\r\nemployee or person as aforesaid, delivered to him or left at his office or usual place of\r\nabode, and the plaint shall contain a statement that such notice has been so delivered,\r\nor left.\r\n30\r\n[Provided that if any such suit is filed without delivering or leaving such notice\r\nas aforesaid or before the expiration of the said period of two months or where the\r\n29Substituted for the words “District Magistrate” by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 2001 (XXIII\r\nof 2001); and published in the Punjab Gazette (Extraordinary), dated 3.10.2001, pages 1707-1710, s.10, which will remain in force\r\nunder the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three\r\nmonths prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.\r\n30Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984); and published in the Punjab\r\nGazette (Extraordinary), dated 17.12.1984, pages 2053-2055, s.2.\r\nplaint does not contain a statement that such notice has been so delivered or left, the\r\nplaintiff shall not be entitled to any costs.]\r\n(2) Every such suit shall be dismissed unless it is instituted within six months\r\nfrom the date of the accrual of the cause of action.\r\n26. Power to borrow. – (1) A market committee may, with the sanction of the\r\nGovernment raise money required for carrying out the purposes for which it is\r\nestablished on the security of any property vested in and belonging to the market\r\ncommittee and of any fees leviable by the market committee under this Ordinance.\r\n(2) A market committee ma y, for the purpose of meeting the initial\r\nexpenditure on lands, buildings and equipment required for establishing a market, and\r\nfor the proper discharge of the duties and functions imposed on it by or under this\r\nOrdinance, obtain a loan from the Government or from any other market committee on\r\nsuch conditions, and subject to such rules as may be prescribed.\r\n27. Power to annul proceedings. – (1) Government may by order in writing call for\r\nthe record and annul any proceeding of a market committee or its sub -committees\r\nwhich it considers not to be in conformity with law or rules or bye -laws and may do all\r\nthings necessary to secure such conformity, or may suspend any resolution which it\r\nconsiders likely to lead to breach of peace, or to cause injury or annoyance to public or\r\nto any class or body of persons, or is likely to affect adversely the interest of the market\r\ncommittee or of growers or dealers transacting business in agricultural produce or of\r\nany class of functionaries working in the notified market area.\r\n31\r\n[Provided that no action under sub -section (1) shall be taken by the\r\nGovernment without providing an opportunity of being heard to the market committee\r\nor its sub-committee].\r\n(2) An officer authorised by Government may, by order in writing, suspend\r\nwithin the limits of the notified market area, the execution of any resolution or order of a\r\nmarket committee or its sub-committees or prohibit the doing within those limits, of any\r\nact which is being done or is about to be done in pursuance of or under cover of this\r\nOrdinance or any rule or bye -law made thereunder, if in his opinion the resolution,\r\norder or act is in excess of the powers conferred by law or is likely to lead to breach of\r\npeace or to cause injury or annoyance to public or to any class or body of persons, or\r\nis likely to affect adversely the interests of the market committee or of growers or\r\ndealers transacting business in agricultural produce or of any class of functionaries\r\nworking in the notified market area concerned.\r\n(3) The officer making an order under this section, shall forthwith forward a\r\ncopy thereof, with a statement of his reasons for making it and the explanation, if any,\r\nof the market committee concerned, to the Government who may thereupon rescind\r\nthe order or direct that it shal l continue in force with or without modification,\r\npermanently, or for such period as it thinks fit.\r\n28. Supersession of market committee. – (1) If, in the opinion of the Government\r\na market committee is incompetent to perform or persistently makes default i n\r\nperforming the duties imposed on it by or under this Ordinance or abuses its powers,\r\nthe Government may, by notification, supersede such committee:\r\n31Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984); and published in the Punjab\r\nGazette (Extraordinary), dated 17.12.1984, pages 2053-2055, s.2.\r\nProvided that before issuing a notification under this sub -section, the\r\nGovernment shall give a reasonabl e opportunity to the market committee for showing\r\ncause against the proposed supersession and shall consider the explanations and\r\nobjections, if any, of the market committee.\r\n(2) Upon the publication of a notification under sub -section (1) the foll owing\r\nconsequences shall ensue:–\r\n(a) all the members including the chairman and vice -chairman of the market\r\ncommittee shall, as from the date of such publication, be deemed to have\r\nceased to be members of the market committee;\r\n(b) all assets of the market committ ee shall vest in Government and the\r\nGovernment shall be liable for all the legal liabilities of the market\r\ncommittee subsisting at the date of its supersession upto the limit of the\r\nsaid assets.\r\n(3) The Government may at its discretion, by order, constitu te either a new\r\nmarket committee as provided under section 7 or such other authority for the carrying\r\nout of the functions of the market committee as the Government may deem fit.\r\n(4)(a) When the Government have made an order under sub -section (3) the\r\nassets and liabilities defined in sub -section (2) (b) vesting in the Government at the\r\ndate of such order shall be deemed to have been transferred on the date of such order\r\nto the new market committee or authority constituted as aforesaid.\r\n(b)(i) where the Government by order under sub-section (3) have appointed an\r\nauthority other than a new market committee for the carrying out of the\r\nfunctions of the superseded market committee, the Government may by\r\nnotification determine the period not exceeding 90 days for which such\r\nauthority shall act.\r\nProvided that the term of office of such authority may be terminated earlier if the\r\nGovernment for any reason considers it necessary.\r\n(ii) At the expiry of the term of office of such authority, a new market\r\ncommittee shall be constituted.\r\n(iii) Upon such an order being made the assets and liabilities vesting in the\r\nauthority thereby superseded, shall be deemed to have been transferred\r\nby such order to the new market committee.\r\n(5) Whenever the assets of a market committee vest in the Government and\r\nno new market committee or authority is appointed in its place, the Government shall\r\nemploy the balance of the assets remaining after the discharge of the subsisting legal\r\nliabilities of the said market committee for any object o f public utility in the area\r\nspecified in the notification issued under sub-section (1) of section 4.\r\n32\r\n[28-A. Dissolution of the Market Committees.– (1) Notwithstanding anything\r\ncontained in the Ordinance where a general election to the National or Provinc ial\r\nAssembly or both is announced, and the Government is satisfied that it is in the public\r\ninterest to prevent the Market Committees from using their funds or influence for\r\n32Added by the Punjab Agricultural Produce Markets (Am endment) Act, 1994 (IV of 1994); and published in the Punjab Gazette\r\n(Extraordinary), dated 10.5.1994, pages 105-106, s.2\r\npolitical purposes, the Government may by notification dissolve the Market\r\nCommittees.\r\n(2) On the publication of the notification under sub-section (1)–\r\n(a) all the members including the Chairmen and Vice-Chairmen of the Market\r\nCommittees shall, as from the date of such publication, cease to be\r\nmembers of the Market Committees;\r\n(b) all powers and functions of the Market Committees shall be exercised\r\nand performed by such persons or authorities as the Government may\r\nappoint in this behalf as Administrators; and\r\n(c) all assets of the Market Committees shall vest in the Government and the\r\nGovernment shall be liable for all the legal liabilities of the Market\r\nCommittees subsisting on the date of their dissolution up to the limit of\r\nthe said assets till such time new Market Committees are constituted\r\nunder section 8.\r\n(3) The Market Committee s dissolved under sub -section (1) shall be\r\nreconstituted as soon as possible after the constitution of the Federal and the\r\nProvincial Cabinets as a result of the said general elections.]\r\n29. Acquisition of land. – Where any land is required by a market comm ittee for\r\ncarrying out any of its functions under this Ordinance, it shall obtain the prior approval\r\nof the Government before approaching the Collector of the district concerned for\r\nacquisition of land under the Land Acquisition Act, 1894.\r\n30. Encroachments.– (1) If any person makes an encroachment, movable or\r\nimmovable on, over or under a road, drain, thara or open space belonging to a market\r\ncommittee without its written permission, the market committee, in addition to instituting\r\ncriminal proceedings aga inst him, may, by notice, require the person responsible for\r\nany such encroachment to remove the same in a period of seven days, and if the\r\nencroachment is not removed within such period, the market committee may cause the\r\nencroachment to be removed through its own agency, and the cost incurred thereon by\r\nthe market committee shall be recoverable as arrears of land revenue.\r\n33\r\n[Provided that no action under sub -section (1) shall be taken without providing\r\nan opportunity of being heard to the person to be affected thereby.]\r\n(2) Notwithstanding anything contained in any other law, no compensation\r\nshall be payable for any encroachment removed or caused to be removed under this\r\nsection.\r\n31. Training institution.– (1) The Government may set up a training institute for the\r\ntraining of members and the staff of market committees, dealers, processors and other\r\nmarket functionaries and for the promotion of research in agricultural marketing and\r\nallied subjects and may by rules provide–\r\n(a) for the administration of training institute;\r\n(b) for the compulsory training of members and staff;\r\n33Added by the Punjab Agricultural Produce Markets (Amendment) Ordinance, 1984 (XXXIII of 1984); and published in the Punjab\r\nGazette (Extraordinary), dated 17.12.1984, pages 2053-2055, s.2.\r\n(c) for the courses to be studied; and\r\n(d) for the holding of examinations and the award of diplomas and\r\ncertificates to successful trainees.\r\n(2) Every market committee shall pay towar ds the cost and maintenance of\r\nthe institution set up under sub -section (1) such amount as the Government may, from\r\ntime to time, determine.\r\n32. Recovery of dues. – (1) All sums due from a market committee to the\r\nGovernment may be recovered in the same manner as arrears of land revenue.\r\n(2) Any amount due to a market committee shall be recoverable as arrears of\r\nland revenue.\r\n33. Emergency powers. – If, at any time, Government is satisfied that a situation\r\nhas arisen in which the purposes of this Ordinance cannot be carried out in accordance\r\nwith the provisions thereof, Government may by notification–\r\n(a) declare that the functions of the market committee shall, to such extent\r\nas may be specified in the notification, be exercised by Government or\r\nsuch person or persons as it may direct;\r\n(b) assume to itself all or any of the powers vested in or exercisable by any\r\nmarket committee;\r\nand such notification may contain such incidental and consequential provisions as may\r\nappear to Government to be necessary or desira ble for giving effect to the objects of\r\nthe notification.\r\n34. Penalties.– (1) Whoever contravenes the provisions of section 4 shall, on\r\nconviction, be punishable with fine which may extend to one thousand rupees and, in\r\ncase of a continuing contravention, with a fine which, in addition to such fine as\r\naforesaid, may extend to one hundred rupees for every day, after the date of first\r\nconviction, during which the contravention is continued.\r\n(2) Whoever contravenes the provisions of sub-section (3) of section 9, shall,\r\non conviction, be punishable with fine which may extend to one hundred rupees and in\r\nthe case of continuing contravention with fine which, in addition to such fine as\r\naforesaid, may extend to ten rupees for every day, after the date of first con viction,\r\nduring which the contravention is continued.\r\n(3) Whoever contravenes the provisions of sections 19 and 23 shall, on\r\nconviction, be punishable with fine which may extend to one thousand rupees.\r\n35. Powers to make rules.– (1) The Government may, ei ther generally or specially\r\nfor any notified market area or areas, make rules consistent with the Ordinance for\r\ncarrying out all or any of the purposes thereof.\r\n(2) In particular and without prejudice to the generality of the foregoing\r\npower, such rules may provide for–\r\n(i) appointment and removal of members of market committees;\r\n(ii) power to be exercised and the duties to be performed by the Market\r\nCommittees;\r\n(iii) election of the chairman and vice -chairman of market committees and\r\ntheir powers and term of office;\r\n(iv) filling of casual vacancies in the office of members or in the office of\r\nchairman or vice-chairman of market committees;\r\n(v) time, place and manner in which a contract between buyer and seller is to\r\nbe entered into and money is to be paid to the seller;\r\n(vi) management of the market, maximum fee which may be levied by market\r\ncommittees in respect of agricultural produce bought or sold by licensees\r\nin the notified market areas, and the recovery and disposal of such fee;\r\n(vii) issuance, by ma rket committees, of licences to brokers, weighmen,\r\nmeasurers, surveyors, warehouseme n changers, palledars, boriotas,\r\ntolas, tokrawalas, and rehriwalas, the form in which and the conditions\r\nunder which, such licences shall be issued or renewed and the fee, if\r\nany, to be charged thereof;\r\n(viii) the place or places at which agricultural produce shall be weighed, the\r\nkind and description of the scales, weights and measures which alone\r\nmay be used in transaction in agricultural produce in notified market area;\r\n(ix) inspection, verification, regulation, correction and confiscation of scales,\r\nweights and measures in use in a notified market area;\r\n(x) trade allowances which may be made or received by any person in any\r\ntransaction in agricultural produce in a notified market area;\r\n(xi)(a) constitution, powers and functions of Board of Arbitrators;\r\n(b) procedure to be followed by Board of Arbitrators in the disposal of\r\nreferences under this Ordinance.\r\n(c) transfer of matters and cases from one Board of Arbitrators to\r\nanother and the transfer of money in such cases.\r\n(d) representation in proceedings before Board of Arbitrators of\r\nparties who are minors or of unsound mind or are unable to make\r\nan appearance.\r\n(e) regulation of the scale of costs which may be allowed in\r\nproceedings before a Board of Arbitrators.\r\n(f) prescribing and determining the amount of the fee payable in\r\nrespect of any proceedings before a Board of Arbitrators.\r\n(g) maintenance, by Board of Arbitrators of registers and records of\r\nproceedings before such Board and for the inspection of such\r\nregisters and records.\r\n(xii) Prohibition of brokers from acting in the same transaction on behalf of\r\nboth the buyer and the seller of agricultural produce;\r\n(xiii) Provision of accommodation for storing any agricultural produce brought\r\ninto the market;\r\n(xiv) preparation of plans and estimates for works proposed to be constructed\r\npartly or wholly at the expense of market committees, and the grant of\r\nsanction to such plans and estimates;\r\n(xv) form in which the accounts of a market committee shall be kept, audit and\r\npublication of such accounts, and the charge, if any, to be made for such\r\naudit;\r\n(xvi) management and regulation of provident fund which may be established\r\nby a market committee for the benefit of its employees;\r\n(xvii) preparation and submission for sanction of annual budget and reports\r\nand returns to be furnished by a market committee;\r\n(xviii) investment and disposal of surplus funds of a market committee;\r\n(xix) prescribing any matters in respect of which fee shal l be payable under\r\nthis Ordinance, and fixing the amount of such fee and the mode of\r\npayment and recovery thereof;\r\n(xx) exemption of persons or classes of persons from the obligation of\r\nobtaining licences under section 6;\r\n(xxi) travelling expenses that may be paid to the members and employees of\r\nmarket committees;\r\n(xxii) settlement of any question as to whether any person is or is not a grower;\r\n(xxiii) appointment of members of market committees;\r\n(xxiv) submission of a panel of growers, non -official members and persons\r\nlicensed under sections 6 and 9;\r\n(xxv) imposing on persons licensed under section 6, the duty of making return\r\nto market committee at regular intervals of transactions of sale and\r\npurchase affected by them, or at their place of business, and of producing\r\naccounts for inspection and furnishing information when called upon by\r\nan authority duly empowered and prescribing the form and mode of\r\nverification of, and the particulars to be entered in such returns as well as\r\nthe nature of such information; and\r\n(xxvi) (a) conditions of service of the employees of market committees and\r\ntheir grades of pay;\r\n(b) schedule of the staff that may be employed by market committee;\r\n(c) principles to be followed in making appointments to various posts\r\nunder market committees and their appointing authorities;\r\n(d) method for the holding of enquiries in disciplinary cases against\r\nservants of market committees, penalties to be imposed and\r\nappeals against orders imposing penalties;\r\n(e) matters relating to transfer, retirement, training, pension, gratuities,\r\nmedical aid, travelling and other allowances, leave, conduct of\r\nservants, terms and conditions.\r\n(3) The Punjab Agricultural Produce Markets Rules, 1940, as amended, shall\r\nremain operative to the extent they are consistent with this Ordinance till such time new\r\nrules are framed under this Ordinance.\r\n36. Bye-laws.– (1) Subject to any rules made by the Government under section 35,\r\na market committee may, in respect of the notified market area under its management,\r\nmake bye-laws for–\r\n(i) regulation of business;\r\n(ii) conditions of trading;\r\n(iii) delegation of powers, duties and functions of sub -committees, if any,\r\nprovided by section 15;\r\n(iv) remunerations of different functionaries not specifically mentioned in this\r\nOrdinance working in the notified market area and rendering any service\r\nin connection with the sale or purchase of agricultural produce;\r\n(v) appointment and punishment of its employees; and\r\n(vi) such other matters as are in the opinion of the Government necessary or\r\nexpedient to be provided for; and\r\nmay provide that contravention thereof shall be punishable on conviction with a fine\r\nwhich may extend to rupees five hundred.\r\n(2) The power to make bye -laws under this Ordinance is subject to the\r\ncondition of the bye -laws being made after previous publication, in such manner as\r\nmay be prescribed.\r\n(3) The bye-laws shall be submitted to the Government for confirmation and\r\nshall not be valid unless and until approved by the Government.\r\n(4) The Government may modify the bye -laws or return the same to the\r\nmarket committee for being reframed.\r\n(5) The bye-laws as approved by the Government shall be published in the\r\nOfficial Gazette and shall take effect from the date of such publication.\r\n(6) The Government may cancel the bye -laws of a market committee and\r\nthereupon the bye-laws shall cease to have effect.\r\n37. Trial of offences. – (1) No offence made punishable by this Ordinance or any\r\nrule or bye-laws made thereunder shall be tried by a court inferior to that of Magistrates\r\nof the First Class.\r\n(2) Prosecutions under this Ordinance may be instituted by a person duly\r\nauthorised by a resolution of the market committee in this behalf.\r\n(3) All fines recovered from an offender shall be credited to the market\r\ncommittee fund.\r\n(4) A m arket committee may, by a resolution, compound any offence and\r\nmay exercise this power at any time before directing prosecution, or where a\r\nprosecution has been instituted, before the case is fin ally disposed of by the trying\r\nMagistrates.\r\n38. Validation of continuance of functions of certain authorities and officers. –\r\nNotwithstanding anything contained in this Ordinance, all authorities and all officers\r\nwho immediately before the enforcement of this Ordinance were exercising functions of\r\nmarket committees u nder the repealed enactments or any other law shall continue to\r\nexercise their respective functions under this Ordinance till the market committees are\r\nre-constituted.\r\nProvided that the Government may withdraw all or any of the functions from\r\nsuch authorities or officers as it may deem necessary.\r\n39. Repeal.– (1) Sections 156 to 163 (Chap. XVIII) of the Punjab Local Government\r\nAct, 1975\r\n34\r\n(XXXIV of 1975) are hereby repealed.\r\n(2) Notwithstanding the partial repeal of the enactment specified in sub -\r\nsection ( 1), everything done, action taken, obligation, liability, penalty or punishment\r\nincurred, licence granted, inquiry or proceeding commenced, committee appointed or\r\nperson appointed or authorised, jurisdiction or power conferred, rule or bye -law made\r\nand order or notification issued under any of the provisions of the said enactment, shall\r\nif not inconsistent with the provisions of this Ordinance, be continued and so far as may\r\nbe, deemed to have been respectively done, taken, incurred, commenced, appointed,\r\nauthorised, conferred, made or issued under this Ordinance.\r\n34The Punjab Local Government Act, 1975 (XXIV of 1975) was repeale d by the Punjab Local Government Ordinance, 1979 (VI of\r\n1979) and the Punjab Local Government Ordinance, 1979 VI of 1979) was repealed by the Punjab Local Government Ordinance,\r\n2001 (XIII of 2001). 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