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  "title": "PUNJAB AGRICULTURAL MARKETING REGULATORY AUTHORITY ACT 2018",
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  "text": "THE PUNJAB AGRICULTURAL MARKETING \r\nREGULATORY AUTHORITY ACT 2018 \r\n(XXIX of 2018) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. The Authority \r\n4. Composition of the Authority \r\n5.  Removal of members \r\n6. Powers and functions  \r\n7. Director General \r\n8. Appointments \r\n9.  Annual report \r\n10.  Delegation of powers \r\n11. Key service provider \r\n12. Farmer’s market \r\n13. Enlistment of a market worker  \r\n14. Prohibition \r\n15. Registration \r\n16. Cancellation of Registration \r\n17. Suspension of Registration \r\n18. Directions by the Government \r\n19. Authority fund \r\n20. Bank account \r\n21. Budget \r\n22. Audit \r\n23. Malpractice \r\n24. Appeal \r\n25. Penalties \r\n26. Cognizance of offence \r\n27. Recovery of dues \r\n28. Marketing disputes \r\n29. Rules  \r\n30. Regulations \r\n31. Act to have overriding effect  \r\n32. Removal of difficulties  \r\n33. Transition \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB AGRICULTURAL MARKETING REGULATORY AUTHORITY \r\nACT 2018 \r\n(XXIX of 2018) \r\n[24th May, 2018] \r\nAn \r\nAct \r\nto provide for the systematic growth and transformation of the marketing of \r\nagricultural produce. \r\nIt is necessary to establish an Authority to facilitate and regulate the systematic \r\ngrowth and transformation of the marketing of agricultural produce;  to assist the \r\ndevelopment of agricultural commerce through multi ple channels; to provide \r\nmeaningful support to the growers; and, to make for incidental provisions. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Agricultural Marketing Regulatory Authority Act 2018. \r\n (2) It extends to whole of the Punjab.  \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act: \r\n(a) “Act” means the Punjab Agricultural Marketing Regulatory Authority Act \r\n2018; \r\n(b) \r\n2\r\n[“agricultural marketing” means all activities and functions involved in \r\nthe flow of agricultural produce from the production points commencing \r\nfrom the stage of harvest till these reach the end consumers including \r\ngrading, processing, storage, transport, channels of distribution for sale \r\nand purchase of agriculture produce;] \r\n(c) “agricultural produce” means such agricultural produce as the \r\nGovernment may specify by notification in the official Gazette and \r\nincludes any agricultural produce which is dried, graded, polished and \r\npacked but do es not include the produce that undergoes any other \r\nform of value addition; \r\n3\r\n[(cc) “Auction Market” in relation to a market means a specified place and \r\nincludes any enclosures, buildings or locality especially set up by the \r\nAuthority for auction of agricultural produce;] \r\n                                                           \r\n1This Act was passed by Provincial Assembly of the Punjab on 16 May 2018; assented to by the Governor of the Punjab on 21 \r\nMay 2018; and, was published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp.8175-8182. \r\n2Substituted by the Punjab Agricultural Marketing Regulatory Autho rity (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2.  \r\n3Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2. \r\n(d) “Authority” means the Punjab Agricultural Marketing Regulatory \r\nAuthority \r\n4\r\n[established under section 3 of the Act]; \r\n(e) “buyer” includes a person who buys an agricultural produce for himself \r\nor for another person; \r\n(f) “collection center” means a pl ace set up by a dealer and registered \r\nunder the Act where a grower may bring agricultural produce for \r\ngrading, polishing, packing or sale;  \r\n(g) “commission agent”  means a person who, in consideration of a \r\ncommission or on his own trading account, acts for a gr ower and \r\nmakes or offers to make purchase or sale of an agricultural produce or \r\ndoes or offers to do anything for carrying out the purpose and \r\nmaintains an office; \r\n(h) “dealer” means any person who directly purchases an agricultural \r\nproduce from a grower at a collection center; \r\n(i) “Director General” means the Director General of the Authority; \r\n5\r\n[(ii) “Directorate of Agriculture” means the Directorate of Agriculture \r\n(Economics and Marketing) Punjab;] \r\n(j) “farmer‟s market” means a place attached to a farm or a place in an \r\nurban area where a grower or his association may directly offer for \r\nsale, in bulk or retail, the agricultural produce to a buyer and requires \r\nno registration with the Authority; \r\n6\r\n[(jj) “Fund” means the Agricultural Marketing Development Fund \r\nestablished under Section 19 of the Act;] \r\n(k) “Government” means Government of the Punjab; \r\n(l) “grower” means a person who by himself or through a tenant or \r\notherwise cultivates, grows or produces an agricultural produce but \r\ndoes not include a broker, commission agent or dea ler, individually or \r\ncollectively or any other person engaged in the business or storage or \r\nprocessing of an agricultural produce;  \r\n(m) “key service provider” means a person who provides services for \r\nmarketing of an agricultural produce and includes a person i nvolved in \r\nhandling, grading, polishing, packing, storage, transportation and \r\ninsurance of an agricultural produce and registered under the Act; \r\n(n) “malpractice” means any act, omission or indulgence in any business \r\nor trade practice which defrauds or is likely to defraud a grower; \r\n7\r\n[(na) “Management Committee” means the body empowered to manage \r\nmarkets in the private sector established under the Act; \r\n                                                           \r\n4Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2. \r\n5Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2.  \r\n6Inserted by the Punjab Agricultural Marketin g Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2. \r\n(nb) “Market Committee” means a body corporate constituted under section \r\n15A of the Act to manage a market established in the public sector; \r\n(nc) “market functionary” means a trader, commission agent, buyer, \r\nprocessor, stockist, and such other persons as may be declared under \r\nthe rules or by-laws to be a market functionary; \r\n(nd) “market standards” means standards prescribed from time to time in \r\nrelation to the design, construction, implementation, operation and the \r\nmaintenance of notified markets and private markets;] \r\n(o) “market worker” means a person who, for a fixed remuneration or \r\nwages, offers services to a buyer or seller in the sale or purchase of an \r\nagricultural produce;  \r\n8\r\n[(oo) “Pharia” means a wholesaler working in an agricultural produce \r\nmarket;] \r\n(p) “prescribed” means prescribed by the rules or the regulations made \r\nunder the Act; \r\n9\r\n[(pa) “private market” means a facility that includes a building or a block of \r\nbuildings, an enclosure and such infrastructure or services as may be \r\nprescribed for the purposes of the wholesale purchase or sale of \r\nagricultural produce owned by private person, entity or entities, \r\nestablished and managed under the Act; \r\n(pb) “Punjab Institute of Agricultural Marketing” means existing Punjab \r\nInstitute of Agricultural Marketing; \r\n(pc) “Public Markets” include all existing markets notified by the \r\nGovernment immediately before the commencement o f this Act, and \r\nany public market so notified in future;] \r\n(q) “seller” means a person who sells or offers for sale an agricultural \r\nproduce himself or through an agent; \r\n10\r\n[(qq) “specialized market” means an agricultural produce market largely \r\ndealing in a single variety of agriculture produce item established under \r\nthe Act;] \r\n(r) “trade allowance” means such allowance as may be prescribed under \r\nthe rules; \r\n(s) \r\n11\r\n[“virtual market” means a web -based commerce platform which \r\nfacilitates and promotes e -trading for the sale or pu rchase of \r\nagricultural produce;] and \r\n                                                                                                                                                                                     \r\n7Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), p ublished in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2. \r\n8Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2. \r\n9Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2. \r\n10Inserted by the Punjab Agric ultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2. \r\n11Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 20 20 (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s. 2.  \r\n(t) \"wholesale market\" means a building, block of buildings, enclosure or \r\nother area registered under the Act for purposes of wholesale trading \r\nof any agricultural produce. \r\n3. The Authority .– (1) The Government may, by noti fication in the official \r\nGazette, establish the Punjab Agricultural Marketing Regulatory Authority. \r\n (2) The Authority shall be a body corporate, having perpetual succession \r\nand common seal, with power to enter into contracts, acquire or, subject to \r\nsubsection (3), dispose of its property, and may, by the said name, sue or be sued. \r\n (3) The Authority shall not dispose of any of its immovable property without \r\nprior permission in writing of the Government. \r\n4. Composition of the Authority .– (1) The Authority s hall consist of the \r\nChairperson and the following members: \r\n(a) Special Secretary to Government of the Punjab, Agriculture Marketing; \r\n(b) Director General Punjab Food Authority;  \r\n12\r\n[(bb) Director General, Punjab Agriculture, Food and Drug Authority;] \r\n(c) three members of Provincial Assembly of the Punjab, including at least \r\none female member, of whom two members to be nominated by the \r\nGovernment and one by the Leader of Opposition; \r\n(d) one Vice Chancellor of an agricultural University in the public or private \r\nsector; \r\n(e) four pe rsons from the private sector,  including at least one female \r\nmember, if available, having agricultural background and experience in \r\nmodern methods of agricultural marketing; and \r\n(f) Director General (member/secretary). \r\n(2) The Government shall nominate the Cha irperson and the members \r\nother than those mentioned at (a), (b) and (f) of subsection (1) for a term of three \r\nyears but any one of them may be appointed for another term or terms in public \r\ninterest. \r\n13\r\n[(2a) Notwithstanding anything contained in this Act, th e Chairperson and \r\nthe members nominated under subsection (2), shall serve during the pleasure of the \r\nGovernment.] \r\n (3) The Chairperson or a member, other than an ex officio member, may, \r\nby writing under his hand, resign from his office. \r\n (4) The Authority shall meet at least once in a month on such day and at \r\nsuch place and time as the Chairperson may determine. \r\n(5) The Chairperson shall approve the agenda for a meeting of the \r\nAuthority. \r\n                                                           \r\n12Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.3.  \r\n13Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2024  (V of 202 4), published in the \r\nPunjab Gazette (Extraordinary), dated: 14 June 2024, pp. 4759-4760, s.2(a).  \r\n14\r\n[(6) The Director General shall convene a meeting of the Authority either as \r\ndirected by the Chairperson or on a request, in writing, of at least one third of the \r\nmembers, or if the Minister -in-charge or, in his absence, Secretary to the \r\nGovernment, Agriculture Department so directs.]  \r\n15\r\n[(7) The Chairperson or, in his absen ce, a member of the Authority \r\nnominated by the Minister -in-charge or by the Secretary to the Government, \r\nAgriculture Department, shall preside over a meeting of the Authority.] \r\n(8) The quorum for a meeting of the Authority shall be one third of the total \r\nnumber of the members. \r\n16\r\n[(8a) A question arising at a meeting shall be  determined by the majority of \r\nvotes of members  present and voting on that question and, if voting  is equal, the \r\nperson presiding shall cast the final vote.] \r\n(9) No act or proceedings of the Authority shall be invalid merely by reason \r\nof any vacancy or defect in the composition of the Authority. \r\n(10) The Director General shall be responsible to prepare accurate minutes \r\nof each meeting, shall clearly indicate the dissent, if any, and shall submit for \r\napproval of the draft minutes to the Chairperson or the member presiding the \r\nmeeting. \r\n(11) The minutes of each meeting shall be placed before the Authority for \r\nratification in the next meeting. \r\n(12) The Director General shall keep and maintain c omplete record of the \r\nproceedings of the meetings of the Authority. \r\n17\r\n[(12a) The Chairperson shall act in an honorary capacity and shall not be \r\nentitled to remuneration.] \r\n18\r\n[*  * * * * * * * * * * *    *] \r\n6. Powers and functions .– (1) The Authority shall per form such functions, take \r\nsuch measures and exercise such powers as may be necessary for carrying out the \r\npurposes of the Act. \r\n (2) Without prejudice to the generality of provision of subsection (1), the \r\nAuthority may: \r\n(a) prescribe grading standards for a specific agricultural produce; \r\n(b) prescribe good agricultural practices, geographical origin of an \r\nagriculture produce or particular farming method for an agricultural \r\nproduce; \r\n                                                           \r\n14Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2024  (V of 2024), published in the \r\nPunjab Gazette (Extraordinary), dated: 14 June 2024, pp. 4759-4760, s.2(b).  \r\n15Substituted by the Punjab Agricultural Marketing Regulatory Autho rity (Amendment) Act 2024  (V of 2024), published in the \r\nPunjab Gazette (Extraordinary), dated: 14 June 2024, pp. 4759-4760, s.2(c).  \r\n16Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.3.  \r\n17Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.3.  \r\n18Omitted, section 5, by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2024 (V of 2024), published in \r\nthe Punjab Gazette (Extraordinary), dated: 14 June 2024, pp. 4759-4760, s.3.  \r\n(c) prescribe fees for registration of an agricultural produce market, \r\ncollection center, virtual market and a service provider; \r\n(d) promote alternative marketing channels and contract farming; \r\n(e) promote and enforce the adoption of a fair system of auction of an \r\nagricultural produce in line with the best regional and international \r\npractices; \r\n(f) provide training for service providers; \r\n(g) control unfair marketing practices; \r\n(h) provide market information services, model contract farming templates \r\nand undertake surveys of markets and marketing of agricultural \r\nproduce;  \r\n19\r\n[(ha) regulate the functioning of public or  private auction, and specialized \r\nmarkets; \r\n(hb) establish model auction markets, wholesale markets, collection centers \r\nand virtual markets; \r\n(hc) promote small and medium agribusinesses as may be prescribed;] \r\n(i) undertake research and publications in agricultu ral produce marketing; \r\nand \r\n(j) perform such other functions as the Government may assign.  \r\n7. Director General.– (1) The Chief Minister shall appoint the Director General \r\non such terms and conditions as he may determine. \r\n(2)  The Director General shall be the Chief Executive of the Authority and  \r\nshall: \r\n(a)  be a whole time officer of the Authority; and \r\n20\r\n[(b)  hold office for a term of four years and shall remain in  office thereafter \r\nuntil the successor is appointed.] \r\n21\r\n[(3)  Nothing in this section shall preclu de the Chief Minister from extending \r\nthe term of office of Director General for another term of four years after evaluation \r\nof his performance and contribution towards achieving the objectives of the \r\nAuthority.] \r\n(4) Notwithstanding anything contained in th e Act, the Chief Minister may, \r\nat any time, remove the Director General subject to one month‟s notice or one \r\nmonth‟s pay in lieu of the notice and likewise the Director General may submit \r\nresignation subject to like notice or pay. \r\n(5) Subject to the superv ision and control of the Authority, the Director \r\nGeneral shall be responsible to administer and manage the affairs of the Authority. \r\n                                                           \r\n19Inserted by the Punjab Agricultural Ma rketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.4. \r\n20Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.5. \r\n21Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.5.  \r\n(6) Without prejudice to the generality of the powers under subsection (5), \r\nthe Director General shall: \r\n(a) register a coll ection centre, wholesale market, \r\n22\r\n[specialized market, ] \r\nvirtual market or a key service provider; \r\n(b) suspend or cancel the registration of a collection centre, wholesale \r\nmarket, \r\n23\r\n[specialized market,] virtual market or a key service provider;  \r\n(c) establish a just accounting procedure for a collection centre, wholesale \r\nmarket, \r\n24\r\n[specialized market,] virtual market and key service provider; \r\n(d) inspect a collection centre, wholesale market, \r\n25\r\n[specialized market, ] \r\nvirtual market and a key service provider; \r\n(e) cause collection of such information with respect to a collection centre, \r\nwholesale market, \r\n26\r\n[specialized market,] virtual market or key service \r\nprovider as he may deem proper or as the Authority may require;  \r\n(f) conduct surveys of relevant agricultura l marketing and submit \r\nappropriate recommendation to the Authority; and \r\n(g) perform such other functions as the Authority may assign or the \r\nGovernment may direct. \r\n27\r\n[7A. Secretariat of the Authority.– The Directorate of Agriculture (Economics and \r\nMarketing) shall act as Secretariat of the Authority to carry out its functions in such \r\nmanner as may be prescribed. \r\n7B. Training Institute.– The Punjab Institute of Agricultural Marketing shall act as \r\nthe training institute of the Authority in such manner as may be prescribed.] \r\n8. Appointments.– (1) The Authority may, in the prescribed manner, appoint, on \r\ncontract, such officers, employees, experts or consultants on such terms and \r\nconditions as it may deem fit for the performance of its functions. \r\n \r\n28\r\n[(2) Notwithstanding anything contained in the Act, the existing employees \r\nof Market Committees serving on regular basis on the date of commencement of the \r\nAct shall be deemed to have been appointed under the Act and upon occurrence of \r\nvacancy, any fresh recruitment shall be made in the manner as may be prescribed.] \r\n                                                           \r\n22Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.5. \r\n23Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.5. \r\n24Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) A ct 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.5. \r\n25Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.5. \r\n26Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.5. \r\n27Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.6.  \r\n28Substituted by the Punjab Agricultural Marketing Regulatory Authori ty (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.7. \r\n29\r\n[(3) The successor Market Committees shall be responsible to settle in the \r\nprescribed manner the affairs of the employees, either retired or died, while serving \r\nthe Market Committees or the Market Committees D evelopment Fund, such as \r\nPension, gratuity, commutation and other service benefits, if admissible before the \r\ncommencement of the Act.] \r\n9.  Annual report .– (1) The Authority shall submit to the Government, within \r\nthree months of the close of a financial year, an annual performance report. \r\n30\r\n[(2) The report shall consist of: \r\n(a) budget of previous year and actual expenditure; \r\n(b) budget of the ensuing or current year; \r\n(c) the statement of accounts and audit reports of the Authority;  \r\n(d) a comprehensive statem ent of the work and activities of the \r\nAuthority during the preceding financial year and its proposed \r\nprojects and schemes for the following year or years; and  \r\n(e) such other matters as may be prescribed or as the Authority \r\nmay consider appropriate or as the Government may direct.] \r\n31\r\n[10.  Delegation of powers .– The Authority may delegate to the Chairperson, \r\nmember, a committee of the Authority, Director General, or officer or employee of the \r\nAuthority any of its functions and powers, except the power to: \r\n(a) frame, adapt, amend or repeal regulation; \r\n(b) approve annual budget of the Authority; \r\n(c) consider and give decision on the audit reports; \r\n(d) approve the annual performance report of the Authority;  \r\n(e) approve the standards and procedures for operation  of the \r\nAuthority; \r\n(f) determine the number of its employees and their terms and \r\nconditions; and \r\n(g) fill a vacancy in a committee of the Authority and approve its \r\npolicy decisions.] \r\n11. Key service provider .– The following persons may, subject to registra tion \r\nwith the Authority, provide services in aid of the marketing of an agricultural produce: \r\n(a) accreditation bodies or any other entity certifying good \r\nagricultural practices, geographical origin of an agriculture \r\nproduce or particular kind of a farming method; \r\n                                                           \r\n29Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.7.  \r\n30Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.8. \r\n31Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.9. \r\n(b) graders, polishers or packers  \r\n32\r\n[who work in markets or \r\ncollection centers];  \r\n(c) warehouse operators providing storage and cold chain services; \r\n(d) transporters \r\n33\r\n[who provide services to markets or collection \r\ncenters]; and \r\n(e) quality assayers. \r\n12. Farmer’s market.– A grower or a grower‟s association may set up a farmer‟s \r\nmarket under the name or style of „ apni mandi or kissan bazaar‟ for direct marketing \r\nof an agricultural produce and for the purpose, no registration shall be required. \r\n34\r\n[12A. Establishment of Pri vate Market .– (1) Notwithstanding anything contained \r\nin any other law for the time being in force, after the commencement of the Act, any \r\nperson shall be entitled to establish a private market for the wholesale, sale or \r\npurchase of agricultural produce in accordance with the provisions of the Act, in such \r\nmanner as may be prescribed.  \r\n (2) A private market established under the Act shall be regulated in accordance \r\nwith the provisions of the Act and the rules made thereunder from time to time.] \r\n13. Enlistment of a market worker .– A collection centre, wholesale market  \r\n35\r\n[, \r\nspecialized market] or virtual market shall, having been satisfied of good character of \r\na market worker, may enlist him and allow him to work in the center or, as the case \r\nmay be, the market. \r\n36\r\n[14. Prohibition.– (1) A person shall not set up or operate a collection center, \r\nwholesale market, specialized market, public market or virtual market or operate as a \r\nkey service provider unless he is registered with the Authority for the purpose. \r\n(2) No person shall, within the premises of market store, purchase, sell or \r\nin any other manner deal in any commodity which is not declared as agricultural \r\nproduce.] \r\n15. Registration.– \r\n37\r\n[(1) A person desirous to set up and operate a collection \r\ncenter, auction ma rket, wholesale market, specialized market or virtual market or \r\noperate as a key service provider, shall, in the prescribed manner, apply to the \r\nAuthority for registration: \r\n provided that each collection center, auction market, specialized market, \r\nwholesale market or virtual market established in the private sector shall be \r\n                                                           \r\n32Inserted by the Punjab Agricultural Marketing  Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.10.  \r\n33Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), p ublished in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.10. \r\n34Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.11. \r\n35Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.12. \r\n36Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.13.  \r\n37Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Ac t 2020 (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.14. \r\ngoverned by a Management Committee having such composition and functions as \r\nmay be prescribed.] \r\n38\r\n[15A. Establishment of Market Committees .– (1) The Authority shall, by \r\nnotification in th e official Gazette, establish a Market Committee for every Public \r\nMarket and the Authority may entrust the management of more than one market(s) \r\nto a Market Committee. \r\n(2) All Market Committees existing immediately before the commencement \r\nof the Act shall stand dissolved and shall be constituted afresh by the Authority under \r\nthe Act, in such manner, as may be prescribed. \r\n15B. Composition of Market Committee .– (1) A market committee shall consist \r\nof the following members: \r\n(a) two farmers to be nominated by t he concerned Local Government, one \r\nfarmer to be nominated by Deputy Commissioner of the concerned \r\ndistrict, one farmer of the district to be nominated by the divisional \r\nchamber of commerce and industry of the division concerned and two \r\nfarmers to be nominated by the Authority: \r\n provided that if nomination of any member is delayed by the \r\nconcerned authority, the Authority may appoint a member on interim \r\nbasis; \r\n(b) two commission agents to be nominated by the concerned Anjuman -\r\nAhrtian; \r\n(c) one Pharia to be nominated by the concerned whole-salers association; \r\n(d) one registered market worker; \r\n(e) one member from the concerned District Consumer Protection Council; \r\n(f) one EADA (E&M)/ AO (E&M) of concerned District; \r\n(g) Secretary Market Committee who shall be the member/ Secretary. \r\n(2) All Market Committees shall be reconstituted within sixty days of the \r\ncommencement of the Act. \r\n(3) If any vacancy occurs due to the  death, resignation, transfer or \r\nretirement or by the r emoval of any member, such vacancy shall be fi lled by the \r\nAuthority in the same manner as the original appointment was made. \r\n(4) A member of a Market Committee shall hold office for a period of three \r\nyears from the date of his appointment:   \r\nprovided that term of office of all members shall expire on the same date \r\nirrespective of whether he has completed three years or not:  \r\nprovided further that a member may not serve for more than two \r\nconsecutive terms.  \r\n                                                           \r\n38Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.15. \r\n(5) Every market committee shall elect from amongst i ts members a \r\nChairman and Vice-Chairman for such term as may be prescribed: \r\nprovided that a member who is not a grower shall not be eligible to be elected \r\nas Chairman and Vice-Chairman. \r\n39\r\n[(6) The Chairman and Vice -Chairman shall vacate offices on the expiry of \r\ntheir terms and the Government may appoin t an administrator, not below the rank of \r\nan officer of BS -17, till the time new Chairman and Vice -Chairman are to be elected \r\nand the administrator shall have the same powers as exercised by the Chairman and \r\nVice-Chairman.] \r\n(7) If in the election of a Chairman or Vice-Chairman there is an equality of \r\nvote, the result of the election shall be decided by lots to be drawn in the presence of \r\nthe officer presiding in such manner as he may determine. \r\n(8) Every election of Chairman and Vice -Chairman shall be notif ied by the \r\nAuthority in the official Gazette. \r\n(9) The election of the new Market Committee shall be regulated in the \r\nprescribed manner.  \r\n(10) The Government shall not extend term of a Market Committee under \r\nany circumstances. \r\n(11) If at any time the Authority is satisfied that a situation has arisen in \r\nwhich the purposes of the Act cannot be carried out in accordance with the \r\nprovisions the Act, the Authority  may by notification dissolve the Market Committee \r\ncharting detailed reasons thereof and  declare that the functions of the market \r\ncommittee shall, to such extent as may be specified in the notification, be exercised \r\nby such officer as it may direct: \r\nprovided that a new Committee shall be constituted within forty -five days of \r\ndate of dissolution. \r\n(12) A member holding office of Chairman or Vice -Chairman, may, at any \r\ntime, tender his resignation, in writing, addressed to the Authority and the office shall \r\nbecome vacant on the expiry of fifteen days from the date of such resignation, unless \r\nwithin the said pe riod of fifteen days he withdraws the resignation, in writing, \r\naddressed to the Authority. \r\n(13) The Chairman and Vice -Chairman shall vacate office if they cease to \r\nbe a member of the Market Committee. \r\n(14) During the vacancy caused by death, resignation, r emoval or otherwise \r\nin the office of the Chairman, the Vice-Chairman and if the office of Vice-Chairman is \r\nalso vacant then such member of the Market Committee as the Authority may \r\nappoint, shall exercise the powers and perform the functions of the Chairma n till the \r\nnew Chairman is elected. \r\n15C. Duties and Powers of Market Committee .– (1) Subject to the provisions of \r\nthe Act, it shall be the duty of a Market Committee: \r\n                                                           \r\n39Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2024  (V of 2024), published in the \r\nPunjab Gazette (Extraordinary), dated: 14 June 2024, pp. 4759-4760, s.4. \r\n(a) to implement the provisions of the Act, the rules and the by -laws made \r\nor framed thereunder in the market area;  \r\n(b) to provide such facilities for marketing of agricultural produce as the \r\nAuthority may from time to time direct; \r\n(c) to do such other acts as may be required in relation to the \r\nsuperintendence, direction and control of market  or for regulating \r\nmarketing of agricultural produce in any place in the market area, and \r\nfor the purposes connected with the matters aforesaid, and for that \r\npurpose may exercise such powers and discharge such functions as \r\nmay be provided by or under the Act; and \r\n(d) to do all such other acts to bring about complete transparency in \r\npricing system and transactions taking place in market area. \r\n (2) Without prejudice to the generality of the forgoing provisions, a Market \r\nCommittee may:  \r\n(a) maintain and manage the market yards within the market area; \r\n(b) provide necessary facilities for the marketing of agricultural produce \r\nwithin the market and outside the market and various yards in the \r\nmarket area;   \r\n(c) register or refuse registration to market functionarie s and market \r\nworkers, renew, suspend or cancel such registration, supervise the \r\nconduct of the market functionaries and enforce conditions of \r\nRegistration in the public markets, as may be prescribed, falling under \r\nits jurisdiction; \r\n(d) regulate, conduct or  supervise the auction of notified agricultural \r\nproduce in accordance with the provision and procedure laid down \r\nunder the rules or bye-laws made under the Act; \r\n(e) regulate the making, carrying out and enforcement or cancellation of \r\nagreements of sales, w eighment, delivery, payment and all other \r\nmatters relating to the market of notified agricultural produce in the \r\nmanner prescribed;  \r\n(f) provide for the settlement of all disputes between the seller and the \r\nbuyer arising out on any kind of transaction conn ected with the \r\nmarketing of notified agricultural produce and all matters ancillary \r\nthereto;  \r\n(g) take all possible steps to prevent adulteration of notified agricultural \r\nproduce; \r\n(h) make arrangements for employing by rotation, weigh men and market \r\nworkers for weighing and transporting of goods in respect of \r\ntransactions held in the market yard/ sub yards; \r\n(i) levy, take, recover and receive rates, charges, fees and other sums of \r\nmoney to which the Market Committee is entitled;  \r\n(j) regulate the entry of p ersons and vehicles, traffic into the market yard \r\nand sub-market area vesting in the Market Committee;  \r\n(k) prosecute persons for violating the provisions of the Act, the rules and \r\nthe bye-laws and compound such offences;  \r\n(l) employ the necessary number o f officers and servants, on contract \r\nbasis, for the efficient implementation of the provisions of the Act, the \r\nrules and the by-laws;  \r\n(m) institute or defend any suit, prosecution, action, proceeding, application \r\nor arbitration and compromise such suit, a ction proceeding, application \r\nor arbitration;  \r\n(n) keep a set of standard weights and measure in each principal market \r\nyard and sub-market yard against which weighment and measurement \r\nmay be checked;  \r\n(o) inspect and verify scales, weights and measures in use in a market \r\narea and also the books of accounts and other documents maintained \r\nby the market functionaries in such manner as may be prescribed; \r\n(p) ensure payment in respect of transactions which take place in the \r\nmarket yard to be made on the same day  to the seller, and in case of \r\ndefault,  to seize the agricultural produce in question along with other \r\nproperty of the person concerned and to arrange for re -sale thereof \r\nand in the event of loss, to recover the same from the original buyer \r\ntogether with charges for recovery of the losses, if any, from the \r\noriginal buyer and effect payment of the price of the agricultural \r\nproduce to the seller; \r\n(q) recover the charges in respect of weigh men and market worker and \r\ndistribute the same to weigh men and market  worker if not paid by the \r\npurchaser/seller, as the case may be; \r\n(r) with the prior sanction of the Authority, undertake the constructions of \r\ngodowns, roads and such other infrastructure, on competitive bidding \r\nbasis as prescribed in the market yard/sub ya rd and market area as \r\nmay be required to facilitate movement of agricultural produce to the \r\nmarket for benefit of producer, sellers and traders operating in the \r\nmarket area; and \r\n(s) to promote and undertake agricultural processing including activity for \r\nvalue addition in agriculture produce. \r\n(3) No market functionary, Pharia, Key Service Provider, weigh man, \r\nmeasurer, surveyor, warehouseman, changer, palledar, boriotas, tolas, tokrewalas \r\nand rehriwalas shall, unless duly authorized/ registered, carry on his occupation in a \r\npublic market. \r\n15D. Grant of Registration .– (1) After the establishment of a market committee, \r\nno person for himself or on behalf of another person, unless exempted by Rules \r\nframed under the Act , shall, within the public market, set up, establish or use \r\nany place for the purchase or sale of the agricultural produce or purchase, sell, \r\nstore or process such agricultural produce except in accordance with the terms and \r\nconditions of registration granted under the provisions of the Act: \r\nprovided that registration shall not be required by a grower who either \r\nhimself or through a bonafide agent sells his own agricultural produce or the \r\nproduce of his tenant or by a person who purchases any agricultural produce for \r\nhis private or domestic use. \r\n(2) Subject to such rules as the Government may make in this behalf, \r\nthe Market Committee concerned sh all be the authority to register or renew \r\nregistration of a person or firm involved in sale, purchase, store or processing of \r\nagricultural produce within the agriculture produce market under the Act; \r\n(3) Any person who intends to work in public market may apply on the \r\nprescribed form to the Market Committee concerned for a  registration or for the \r\nrenewal of the registration which shall be granted for such period, in such form, on \r\nsuch terms and conditions and on payment of such fee as may be prescribed. \r\n15E. Market Fee.– A market committee shall levy an ad-valorem fee at a rate that \r\nmay be prescribed on the sale value of  agricultural produce bought or  sold in the \r\nconcerned public market. \r\n15F. Market Committee Fund.– (1) All moneys received by a market committee in \r\nthe form of fees, taxes or grants made by the Government and income from \r\nregistration fee, fines, or other charges shall  be deposited into a fund to be called the \r\nMarket Committee Fund. \r\n(2) All expenditure incurred  by a market committee under or for the \r\npurposes of the Act shall be defrayed out of the said fund and any surplus after \r\nmeeting such expenditure shall be invested in such manner as may be prescribed. \r\n(3) Every market committee shall, out of its fund, pay to the Agriculture \r\nMarketing Development Fund maintained by the Authority on such percentage, as \r\nmay be prescribed. \r\n15G. Purposes for which the funds of Market Committees may be expended .– \r\nThe market committee funds shall be expended for the following purposes only: \r\n(a) acquisition of land for the establishment of market or markets with the \r\napproval of the Authority; \r\n(b) maintenance and improvement of the markets including \r\nconstruction of storages, platforms and roads; \r\n(c) construction and repair of  buildings  which  are  necessary  for  the  \r\npurposes  of establishing such markets and for the health, \r\nconvenience and safety of the persons using them; \r\n(d) collection  and  dissemination  for  information  regarding  all  \r\nmatters  relating  to marketing; \r\n(e) providing comforts and facilities, such as light, sanitation, shelter, \r\nshade, parking accommodation and  water for the persons, draught \r\ncattle, vehicles and pack animals coming to the market and similar \r\nother purposes; \r\n(f) provision  of  facilities  such  as  cleaning  sets,  plants  for  grading, \r\nstandardization, packing and processing of agricultural produce; \r\n(g) construction of cold s torages, warehouses and godowns for the \r\nbenefit of growers; \r\n(h) provision and maintenance of standard weights and measures; \r\n(i) pay, leave, compassionate and medical allowances, gratuities, \r\npensions, honoraria and  contributions  towards  leave  allowances  or  \r\nprovident  fund  of  the  persons employed by market committee; \r\n(j) 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(k) expenses incurred in auditing the account of market committees; \r\n(l) payment of travelling allowances to the members and employees of \r\nmarket committees; \r\n(m) payment of allowances and honoraria to the Administrator of the \r\nsuperseded market committee; \r\n(n) contribution towards the Agriculture Marketing Development Fund \r\nsubject to rules framed thereunder;  \r\n(o) payment of property tax and house tax; \r\n(p) payment of other taxes as covered by appropriate Act/Ordinance; \r\n(q) engagement of lawyer; \r\n(r) purchase of load carrying vehicles for cleanliness etc. subject to \r\nprevious sanction of the Authority; \r\n(s) advance of loans on interest to other market committees in the district \r\nfor carrying out de velopment projects, with the previous sanction of \r\nthe Government; \r\n(t) training of members and staff of market committees; \r\n(u) purchase/ sale of essential agricultural commodities; and \r\n(v) any other purpose that may be declared by notification by the \r\nGovernment for imp rovement of agriculture and agricultural \r\nmarketing, which is calculated to promote the general interest of the \r\nfarmer and for the conduct of elections of the Market Committee. \r\n15H. Incorporation of Committee .– Every Market Committee shall be a body \r\ncorporate having such name as the Government may specify in the notification \r\nestablishing it, shall have perpetual succession and a common seal, may sue and \r\nbe sued in its corporate name, and shall be competent to acquire and hold \r\nproperty, both moveable and immo vable to lease, sell or otherwise transfer any \r\nmoveable or immovable property which may have become vested in or been \r\nacquired by it, and to contract and to do all other things necessary for the purpose \r\nfor which it is established: \r\nprovided that no market committee shall permanently transfer any \r\nimmovable property except in pursuance of a resolution passed at a meeting \r\nspecially convened for the purpose by a majority of not less than three -fourth of the \r\nmembers of the market committee: \r\nprovided further that  no market committee shall be competent to exercise \r\nany power with regard to immoveable property without approval or special or \r\ngeneral directions of the Government or a person authorized by the Government in \r\nthat behalf. \r\n15I. Power to Borrow .– (1) A Marke t Committee may, with the prior sanction of \r\nthe Government, raise money required for carrying out the purposes for which it is \r\nestablished in lieu of the security of any property vested in and belonging to the \r\nMarket Committee and of any fee leviable by the Market Committee under the Act. \r\n(2) A market committee may, for the purpose of meeting the initial \r\nexpenditure on lands, buildings and equipment required for establishing a market, \r\nand for the proper discharge of the duties and functions imposed on it by  or under \r\nthis Act, 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\n15J. Acquisition of Land.– Where any land is required by a market committee for \r\ncarrying out any of its functions under the Act, it shall obtain the prior approval of the \r\nGovernment before approaching the Collector of the district concerned under the \r\nLand Acquisition Act, 1894 (I of 1894). \r\n15K. Reporting.– Each market committee of public market and Mana gement \r\nCommittee of private market shall prepare an annual report, setting out in \r\nreasonable details, the development and performance of the wholesale markets for \r\nagricultural produce. \r\n15L. Market Information System .– The Authority shall, not later than fo ur months from \r\nthe date of commencement of the Act, establish or cause to be established an online \r\ninformation system providing information on the wholesale supply, demand, and prices of \r\nagricultural produce bought or sold in the Punjab, against payment of  fee and such other \r\ninformation, as may be prescribed.] \r\n16. Cancellation of Registration.– (1) The Director General may, after affording \r\nan opportunity of hearing, cancel the registration certificate, \r\n40\r\n[of a private wholesale \r\nmarket, specialized market, au ction market, collection center or virtual market ], for \r\none or more of the following grounds: \r\n(a) misrepresentation, fraud or forgery committed in regard to the \r\nregistration; \r\n(b) use of centre or, as the case may be, the market for activities outside \r\nand beyond the terms of registration; \r\n(c) willful failure to: \r\n(i) keep the centre or, as the case may be, the market clean and \r\nhygienic; \r\n(ii) prevent and control malpractice; \r\n(iii) make payment to a grower for his agricultural produce; \r\n(iv) prevent auction of a n agricultural produce in a transparent \r\nmanner; \r\n(v) prevent unauthorized trade allowance; \r\n                                                           \r\n40Substituted for the expression “ other than that of the key service provider ” by the Punjab Agricultural Marketing Regulatory \r\nAuthority (Amendment) Act 2020  (III of 2020), published in the Punjab Gazette (Extraordinary), dated: 19 March 2020, pp. \r\n3829-3841, s.16. \r\n(vi) display remuneration or wages  payable to a market worker;  \r\n(d) willful default in payment of fees or other dues payable under the Act or \r\nthe rules; \r\n(e) serious and continuance violation of the terms of registration; \r\n(f) violation of the provisions of the Act or the rules or the regulations; and \r\n(g) such other grounds as may be prescribed. \r\n (2) The Director General may, after affording an opportunity of hearing, \r\nmay cancel the registration of a key service provider on one or more of the following \r\ngrounds: \r\n(a) misrepresentation, fraud or forgery committed with regard to \r\nregistration; \r\n(b) misconduct in service delivery; \r\n(c) breach of terms of the registration; \r\n(d) violation of the provisions of the Act or the rules or the regulations; \r\n(e) conviction of an offence involving moral turpitude; \r\n(f) willful default in payment of fees or other dues payable under the Act or \r\nthe rules or the regulations; and \r\n(g) such other grounds as may be prescribed. \r\n \r\n41\r\n[(3) The Market Committee, after affording an opportunity of hearing, may \r\ncancel the registration of market functionary, Pharia/wholesaler, weigh man, \r\nmeasurer, surveyor, warehouseman, changer, palledar, boriotas, tolas, tokrewalas \r\nand rehriwalas on one or more of the following grounds:  \r\n(a) misrepresentation, fraud or forgery committed in regard to registration; \r\n(b) misconduct in service delivery; \r\n(c) breach of terms of the registration; \r\n(d) violation of the provisions of the Act or the rules or the regulations; \r\n(e) conviction of an offence involving moral turpitude; \r\n(f) willful default in payment of fees or other dues payable under the Act or \r\nrules or the regulations; and \r\n(g) such other grounds as may be prescribed.] \r\n17. Suspension of Registration .– (1) If the Authority is satisfied that, pending \r\nproceedings for the cancellation of the registration, it is necessary to suspend the \r\nregistration, it may suspend the registration for such period as it may deem \r\nnecessary. \r\n                                                           \r\n41Added by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), published in the Punjab \r\nGazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.16. \r\n(2) The collection centre, wholesale market, \r\n42\r\n[specialized market, auction \r\nmarket,] virtual market and key service provider shall cease to operate and carry out \r\nits activities during the period the registration is suspended. \r\n18. Directions by the Government .– The Gove rnment may issue such \r\ndirections to the Authority as it may consider necessary for carrying out the purposes \r\nof the Act, and the Authority shall comply with such directions. \r\n43\r\n[19. Agricultural Marketing Development Fund .– (1) The Market Committee \r\nProvincial Fund Board established under section 20 of Punjab Agricultural Produce \r\nMarkets Ordinance 1978 (XXIII of 1978) shall hereinafter be renamed as Agricultural \r\nMarketing Development Fund established under the Act. \r\n  (2) The Fund shall consist of: \r\n (a) funds provided by the Government; \r\n (b) loans or grants by the Government; \r\n(c) grants and loans negotiated and raised, or otherwise obtained, \r\nby the Authority with the prior approval of the Government; \r\n(d) fee, charges, rentals, fines and other moneys  collected b y the \r\nAuthority;  \r\n (e) income from the lease or sale of the property;  \r\n(f) funds from floating bonds, shares, debentures, certificates, or \r\nother securities issued by the Authority with the approval of the \r\nGovernment; \r\n(g) contributions received from Market Committees and \r\nManagement Committees; and  \r\n (h) all other sums received by the Authority. \r\n(3) The balances in the Market Committee Provincial Fund, on the date of \r\nenforcement of the Act, shall stand transferred to Agriculture Marketing Development \r\nFund. \r\n (4) The Authority shall manage the Fund for the purpose of development of \r\nAgriculture Marketing as may be prescribed. \r\n (5) The Authority shall meet all its expenses from the Fund and shall exercise \r\nprudence in its expenditures from the Fund.] \r\n44\r\n[19A. Agribusiness Market Fee.– (1) The Authority may levy an ad-valorem fee on \r\nagricultural produce purchased for agribusiness as may be prescribed. \r\n(2)  The agribusiness market fee shall be deposited in the Fund.] \r\n                                                           \r\n42Inserted by the Punjab Agricultural Marketing Regulatory Auth ority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.17. \r\n43Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in th e \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.18. \r\n44Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.19. \r\n45\r\n[20. Bank account .– (1) The Authority may open and ma intain its accounts at \r\nsuch scheduled banks as may be prescribed, and until so prescribed, as the \r\nAuthority may determine with the approval of the Finance Department, Government \r\nof the Punjab. \r\n(2) A Market Committee may open and maintain its accounts in su ch \r\nscheduled bank as the authority may approve or as may be prescribed by rules. \r\n46\r\n[21. Budget.– (1) The Director General shall prepare the budget of the Authority \r\nfor each financial year commencing on first day of July of a year and ending on \r\nthirtieth day  of June of the succeeding year showing the estimated receipts, \r\nrecurrent expenditure, and development expenditure of the Authority. \r\n(2) The Director General shall place the budget for approval before the \r\nAuthority at least forty-five days prior to the commencement of a financial year. \r\n(3) The Authority shall approve the budget with or without modifications \r\nbefore 30th of June every year. \r\n(4) Each Market Committee shall prepare the budget for each financial \r\nyear commencing on first day of July of an year an d ending on thirtieth day of June \r\nof the succeeding year showing the estimated receipts, recurrent expenditure, and \r\ndevelopment expenditure of the Market Committee or in such form and manner as \r\nmay be prescribed and shall submit it forty five days prior to  the commencement of a \r\nfinancial year to the Authority for approval.   \r\n(5) The accounts of the Authority and Market Committees shall be \r\nmaintained in such manner as may be prescribed. \r\n(6) Each Market shall be operated by its Market Committee in such manner  and \r\nshall ensure that such market are financially solvent.] \r\n47\r\n[22. Audit.– (1) The Auditor General of Pakistan shall conduct audit of the \r\naccounts of the Authority. \r\n(2) The Authority shall also make such arrangements for pre -audit or \r\nconcurrent audit of accounts as may be necessary. \r\n(3) The account of the Market Committees shall be audited by a \r\nGovernment audit agency or a firm of chartered accountants authorized by the \r\nAuthority in such manner as may be prescribed.] \r\n23. Malpractice.– A collection centre, wholesale market \r\n48\r\n[virtual market or \r\nauction market] shall immediately remove from the list a market worker for reason of \r\n                                                           \r\n45Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.20. \r\n46Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.21. \r\n47Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.22. \r\n48Substituted for the words “or virtual market” by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020 \r\n(III of 2020), published in the Punjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.23. \r\nmalpractice, and such a worker shall not operate in a collection centre, wholesale \r\nmarket \r\n49\r\n[virtual market or auction market]. \r\n50\r\n[24. Appeal.– (1) Any person aggrieved by the decision or order of the Director \r\nGeneral refusing, cancelling or suspending the registration or renewal of registration, \r\nmay prefer an appeal to the Authority in the prescribed form and manner. \r\n (2) An appeal shall l ie to the Secretary Agriculture against an order of the \r\nAuthority confirming, modifying or reversing the decision or order of the Director \r\nGeneral as the case may be. \r\n(3) Any person aggrieved by the decision or order of the Market \r\nCommittee may prefer an appeal to the Director of Agriculture (E&M), Punjab. \r\n(4) An appeal shall lie to the Special Secretary, Agriculture Marketing \r\nagainst an order of the Director of Agriculture (E&M), Punjab confirming, modifying \r\nor reversing the decision or order of the Market Committee.] \r\n51\r\n[25.Penalties.– (1) Whoever contravenes the provisions of section 14, 16, 17 or 23 \r\nshall be punished with imprisonment which may extend to six months but which shall \r\nnot be less than one week and with fine which may extend to five hundred tho usand \r\nrupees but which shall not be less than one hundred thousand rupees. \r\n(2) Whoever continues to contravene the provisions of section  14 shall, in \r\naddition to the fine under subsection (1), be punished with further fine of rupees fifty \r\nthousand per day for the period of contravention. \r\n(3) Whoever contravenes any provisions of the Act, the rules or \r\nregulations, for which no other punishment is provided, shall be punished with \r\nimprisonment which may extend to one month or with fine which may extend to fift y \r\nthousand rupees or with both. \r\n(4)  Any person working as a market functionary in Public Market in \r\ncontravention of the provisions of the Act, rules and regulations shall, on conviction \r\nby a court be liable to imprisonment which may extend to six months b ut which shall \r\nnot be less than one week and with fine which may extend to rupees five hundred \r\nthousand but which shall not be less than rupees one hundred thousand. \r\n(5)  Any person who encroaches upon any property belonging to a Market \r\nCommittee shall, on conviction by a court be liable to imprisonment up to one year or \r\nto fine which may extend to rupees five hundred thousand but which shall not be less \r\nthan rupees one hundred thousand or both. \r\n(6) Every person shall be liable for the loss, waste or mis-application of \r\nany money or property belonging to a market committee, if such loss, waste or \r\nmis-application is proved to the satisfaction of the Special Secretary Agriculture \r\nMarketing or any other officer specially empowered in this behalf by the \r\nGovernment.] \r\n                                                           \r\n49Substituted for the words “or virtual market” by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020 \r\n(III of 2020), published in the Punjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.23. \r\n50Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.24. \r\n51Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.25. \r\n26. Cognizance of offence .– (1) An offence under the Act, the rules or the \r\nregulations shall be non-cognizable and bailable. \r\n(2)  A Magistrate of the First Class shall summarily try an offence under the \r\nAct in accordance with the provisions of Chapter XXII of the Code of Criminal \r\nProcedure, 1898 (V of 1898) on a complaint instituted by a person duly authorized by \r\nthe Authority \r\n52\r\n[or market committee]. \r\n27. Recovery of dues .– All sums due to the Authority  \r\n53\r\n[or market committee ] \r\nunder the Act, may be recovered as arrears of land revenue. \r\n28. Marketing disputes.– (1) All disputes between sellers and buyers arising in a \r\nwholesale market and relating to an agricultural produce shall be referred to an \r\nagricultural marketing expert from a panel constituted by the  Authority in the \r\nprescribed manner.   \r\n(2) The expert shall decide the dispute in such manner and within \r\n54\r\n[such] \r\ntime as may be prescribed.  \r\n(3) Any person aggrieved by the orders of the expert may, within thirty \r\ndays of the order, prefer an appeal, on a p oint of law, before the District Judge who \r\nshall dispose of the appeal within three months. \r\n55\r\n[28A. Inspection .– (1) The Authority may, with or without prior notice, inspect a \r\nnotified market that has been transferred to a market company or any market to \r\nensure that the same are established and operated in accordance with all applicable \r\nlaws, rules and regulations.  \r\n(2) The Authority may take appropriate corrective measures to ensure \r\ncompliance of the Act, the rules and the regulations made or framed thereunder.] \r\n56\r\n[29. Rules.– The Government may, by notification in the official Gazette, make \r\nrules for carrying out the purposes of the Act, which may provide for: \r\n(a) regulation of whole -sale markets, virtual markets, specialized markets \r\nand collection centers; \r\n(b) infrastructure standards, equipment and requirements for general, \r\nprivate and specialized markets; \r\n(c) place or places at which agricultural produce shall be weighed, the \r\ndescription of scales, weights and measures; \r\n(d) reliable grading, standardizatio n and processing equipment and \r\nstandards;  \r\n                                                           \r\n52Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.26. \r\n53Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in t he \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.27. \r\n54Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.28. \r\n55Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.29. \r\n56Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.30. \r\n(e) inspection, verification, regulation, correction and confiscation of \r\nscales, weights and measures in use; and  \r\n(f) transparent and reliable auctions and financial.] \r\n30. Regulations.– (1) Subject to the Act and  the rules, the Authority may frame \r\nregulations to carry out its functions under the Act. \r\n (2) The Government may direct the Authority to modify or omit any \r\nregulation which, in its opinion, is repugnant to the provisions of the Act or the rules \r\nor which is against public policy and the Authority shall comply with the directions. \r\n57\r\n[30A. Bye-laws.– A Market Committee may frame bye -laws for the management \r\nand operation of its Public Market with the approval of the Authority.] \r\n31. Act to have overriding effect .– The provisions of the Act shall have effect \r\nnotwithstanding anything to the contrary contained in the Punjab Agricultural \r\nProduce Market Ordinance, 1978 (XXIII of 1978). \r\n32. Removal of difficulties .– If any difficulty arises in the application of the Ac t, \r\nthe Government may, within one year of the commencement of the Act and on the \r\nrecommendations of the Authority or on its own motion, take such action or pass \r\nsuch order as it may consider necessary for the removal of such difficulty. \r\n58\r\n[33. Repeal and sa vings.– (1) The Punjab Agricultural Produce Market \r\nOrdinance, 1978 (XXIII of 1978) is hereby repealed. \r\n(2) Notwithstanding the repeal of the enactment specified in sub-section \r\n(1), everything done, action taken, obligation, li ability, penalty or  punishment \r\nincurred, registration, inquiry or proceeding commenced, committee constituted or \r\nperson appointed or authorized, jurisdiction or power conferred, rule or bye-law \r\nmade and order or notification issued under any of the provisions of the said \r\nenactment, shall, if not inconsistent with the provisions of this Act, be continued and \r\nso far as may be deemed to have been respectively done, taken, in curred, \r\ncommenced appointed, authorized, conferred, made or issued under this Act. \r\n                                                           \r\n57Inserted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 20 20), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.31. \r\n58Substituted by the Punjab Agricultural Marketing Regulatory Authority (Amendment) Act 2020  (III of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 19 March 2020, pp. 3829-3841, s.32.",
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