THE PUNJAB AGRICULTURAL
MARKETING REGULATORY AUTHORITY ACT 2018
(Act XXIX of 2018)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. The Authority.
4. Composition of the Authority.
5. [Omitted].
6. Powers and functions.
7. Director General.
7A. Secretariat
of the Authority
7B. Training
Institute
8. Appointments.
9. Annual report.
10. Delegation of powers.
11. Key service provider.
12. Farmers market.
12A.
Establishment of Private Market
13. Enlistment of a market worker.
14. Prohibition.
15. Registration.
15A. Establishment of Market Committees
15B. Composition
of Market Committee
15C. Duties
and Powers of Market Committee
15D. Grant of Registration
15E. Market Fee
15F. Market
Committee Fund
15G. Purposes for which the funds of
Market Committees may be expended
15H. Incorporation of
Committee
15I. Power
to Borrow
15J. Acquisition of Land
15K.
Reporting
15L.
Market Information System
16. Cancellation of Registration.
17. Suspension of Registration.
18. Directions by the Government.
19. Agricultural Marketing Development Fund
19A. Agribusiness
Market Fee
20. Bank account.
21. Budget.
22. Audit.
23. Malpractice.
24. Appeal.
25. Penalties.
26. Cognizance of offence.
27. Recovery of dues.
28. Marketing disputes
28A.
Inspection
29. Rules.
30. Regulations
30A.
Bye-laws
31. Act to have overriding effect.
32. Removal of difficulties.
33. Repeal and savings
[1]THE
PUNJAB AGRICULTURAL MARKETING REGULATORY AUTHORITY ACT 2018
(Act XXIX of 2018)
[24 May 2018]
An Act to
provide for the systematic growth and transformation of the marketing of
agricultural produce.
It is necessary to establish an
Authority to facilitate and regulate the systematic growth and
transformation of the marketing of agricultural produce; to assist the development of agricultural
commerce through multiple channels; to provide meaningful support to the
growers; and, to make for incidental provisions.
Be it enacted by Provincial Assembly of the Punjab as follows:
1. Short title, extent and commencement. (1) This Act may be cited as the Punjab Agricultural Marketing Regulatory Authority Act 2018.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions. In this Act:
(a)
Act means the Punjab Agricultural Marketing Regulatory Authority Act 2018;
[2][(b) agricultural marketing means all activities and functions involved in
the flow of agricultural produce from the production points commencing from the
stage of harvest till these reach the end consumers including grading,
processing, storage, transport, channels of distribution for sale and purchase
of agriculture produce;]
(c)
agricultural produce means such
agricultural produce as the Government may specify by notification in the
official Gazette and includes any agricultural produce which is dried, graded,
polished and packed but does not include the produce that undergoes any other
form of value addition;
[3][(cc) Auction Market in relation to a market means
a specified place and includes any enclosures, buildings or locality especially
set up by the Authority for auction of agricultural produce;]
(d)
Authority means the Punjab Agricultural
Marketing Regulatory Authority [4][established under section 3 of the Act];
(e)
buyer includes a person who buys an agricultural produce
for himself or for another person;
(f)
collection center means a place set up by a dealer and
registered under the Act where a grower may bring agricultural produce for
grading, polishing, packing or sale;
(g)
commission agent means a person who, in consideration of a commission or on
his own trading account, acts for a grower and makes or offers to make purchase
or sale of an agricultural produce or does or offers to do anything for
carrying out the purpose and maintains an office;
(h)
dealer means any person who directly purchases an
agricultural produce from a grower at a collection center;
(i)
Director General means the Director General of the
Authority;
[5][(ii) Directorate of Agriculture means the
Directorate of Agriculture (Economics and Marketing) Punjab;]
(j)
farmers
market means a place attached to a farm or a place in an urban area where a
grower or his association may directly offer for sale, in bulk or retail, the
agricultural produce to a buyer and requires no registration with the
Authority;
[6][(jj) Fund means the Agricultural Marketing
Development Fund established under Section 19 of the Act;]
(k)
Government
means Government of the Punjab;
(l)
grower
means a person who by himself or through a tenant or otherwise cultivates,
grows or produces an agricultural produce but does not include a broker,
commission agent or dealer, individually or collectively or any other person
engaged in the business or storage or processing of an agricultural produce;
(m)
key service provider means a person who provides services
for marketing of an agricultural produce and includes a person involved in
handling, grading, polishing, packing, storage, transportation and insurance of
an agricultural produce and registered under the Act;
(n)
malpractice means any act, omission or indulgence in any
business or trade practice which defrauds or is likely to defraud a grower;
[7][(na) Management Committee means the body empowered
to manage markets in the private sector established under the Act;
(nb) Market
Committee means a body corporate constituted under section 15A of the Act to
manage a market established in the public sector;
(nc) market
functionary means a trader, commission agent, buyer, processor, stockist, and such other persons as may be declared under
the rules or by-laws to be a market functionary;
(nd) market
standards means standards prescribed from time to time in relation to the
design, construction, implementation, operation and the maintenance of notified
markets and private markets;]
(o)
market worker means a person
who, for a fixed remuneration or wages, offers services to a buyer or seller in
the sale or purchase of an agricultural produce;
[8][(oo) Pharia means a
wholesaler working in an agricultural produce market;]
(p)
prescribed means prescribed by the rules or the
regulations made under the Act;
[9][(pa) private market means a facility that
includes a building or a block of buildings, an enclosure and such
infrastructure or services as may be prescribed for the purposes of the
wholesale purchase or sale of agricultural produce owned by private person, entity
or entities, established and managed under the Act;
(pb) Punjab Institute of
Agricultural Marketing means existing Punjab Institute of Agricultural
Marketing;
(pc) Public Markets include all existing markets notified by the
Government immediately before the commencement of this Act, and any public
market so notified in future;]
(q)
seller means a person who sells or offers for sale an
agricultural produce himself or through an agent;
[10][(qq) specialized market means an agricultural
produce market largely dealing in a single variety of agriculture produce item
established under the Act;]
(r)
trade allowance means such
allowance as may be prescribed under the rules;
[11][(s) virtual market means a web-based commerce
platform which facilitates and promotes e-trading for the sale or purchase of
agricultural produce;] and
(t)
"wholesale market" means
a building, block of buildings, enclosure or other area registered under the
Act for purposes of wholesale trading of any agricultural produce.
3. The Authority. (1)
The Government may, by notification in the official Gazette, establish the
Punjab Agricultural Marketing Regulatory Authority.
(2) The
Authority shall be a body corporate, having perpetual succession and common
seal, with power to enter into contracts, acquire or, subject to subsection
(3), dispose of its property, and may, by the said name, sue or be sued.
(3) The
Authority shall not dispose of any of its immovable property without prior
permission in writing of the Government.
4. Composition
of the Authority. (1)
The Authority shall consist of the Chairperson and the following members:
(a) Special Secretary to Government of the Punjab, Agriculture Marketing;
(b) Director General Punjab Food Authority;
[12][(bb) Director General, Punjab Agriculture, Food and Drug Authority;]
(c)
three members of Provincial Assembly of the Punjab,
including at least one female member, of whom two members to be nominated by
the Government and one by the Leader of Opposition;
(d) one Vice Chancellor of an agricultural University in the public or private sector;
(e) four persons from the private sector, including at least one female member, if available, having agricultural background and experience in modern methods of agricultural marketing; and
(f) Director General (member/secretary).
(2) The Government shall nominate the Chairperson and the members other than those mentioned at (a), (b) and (f) of subsection (1) for a term of three years but any one of them may be appointed for another term or terms in public interest.
[13][(2a) Notwithstanding anything contained in this Act, the Chairperson and the members nominated under subsection (2), shall serve during the pleasure of the Government.]
(3) The Chairperson or a member, other than an ex
officio member, may, by writing under his hand, resign from his office.
(4) The Authority shall meet at least once in a month on such day and at such place and time as the Chairperson may determine.
(5) The Chairperson shall approve the agenda for a meeting of the Authority.
[14][(6) The Director General shall convene a meeting of the Authority either as directed by the Chairperson or on a request, in writing, of at least one third of the members, or if the Minister-in-charge or, in his absence, Secretary to the Government, Agriculture Department so directs.]
[15][(7) The Chairperson or, in his absence, a member of the Authority nominated by the Minister-in-charge or by the Secretary to the Government, Agriculture Department, shall preside over a meeting of the Authority.]
(8) The quorum for a meeting of the Authority shall be one third of the total number of the members.
[16][(8a) A question arising at a meeting shall be determined by the majority of votes of members present and voting on that question and, if voting is equal, the person presiding shall cast the final vote.]
(9) No act or proceedings of the Authority shall be invalid merely by reason of any vacancy or defect in the composition of the Authority.
(10) The Director General shall be responsible to prepare accurate minutes of each meeting, shall clearly indicate the dissent, if any, and shall submit for approval of the draft minutes to the Chairperson or the member presiding the meeting.
(11) The minutes of each meeting shall be placed before the Authority for ratification in the next meeting.
(12) The Director General shall keep and maintain complete record of the proceedings of the meetings of the Authority.
[17][(12a) The Chairperson shall act in an honorary capacity and shall not be entitled to remuneration.]
[18][5. * * * * * * * * * * * * * * * * * * * * * ]
6. Powers
and functions. (1)
The Authority shall perform such functions, take such measures and exercise
such powers as may be necessary for carrying out the purposes of the Act.
(2) Without
prejudice to the generality of provision of subsection (1), the Authority may:
(a) prescribe grading standards
for a specific agricultural produce;
(b) prescribe good agricultural
practices, geographical origin of an agriculture produce
or particular farming method for an agricultural produce;
(c) prescribe fees for
registration of an agricultural produce market, collection center, virtual
market and a service provider;
(d) promote alternative
marketing channels and contract farming;
(e) promote and enforce the
adoption of a fair system of auction of an agricultural produce in line with
the best regional and international practices;
(f) provide training for
service providers;
(g) control unfair marketing
practices;
(h) provide market information services, model
contract farming templates and undertake surveys of markets and marketing of
agricultural produce;
[19][(ha) regulate
the functioning of public or private auction, and specialized markets;
(hb) establish model auction markets, wholesale markets, collection
centers and virtual markets;
(hc) promote small and medium agribusinesses as may be prescribed;]
(i) undertake research and publications in
agricultural produce marketing; and
(j) perform such other functions as the Government may assign.
7. Director General. (1) The Chief Minister shall appoint the Director General on such
terms and conditions as he may determine.
(2) The Director General shall be the Chief
Executive of the Authority and shall:
(a) be
a whole time officer of the Authority; and
[20][(b) hold office for a term of four years and
shall remain in office thereafter until the successor is appointed.]
[21][(3) Nothing in this section shall preclude the
Chief Minister from extending the term of office of Director General for
another term of four years after evaluation of his performance and contribution
towards achieving the objectives of the Authority.]
(4) Notwithstanding anything contained in the Act,
the Chief Minister may, at any time, remove the Director General subject to one
months notice or one months pay in lieu of the notice and likewise the
Director General may submit resignation subject to like notice or pay.
(5) Subject to the supervision and control of the Authority, the Director General shall be responsible to administer and manage the affairs of the Authority.
(6) Without prejudice to the generality of the powers under subsection (5), the Director General shall:
(a) register a collection centre, wholesale market, [22][specialized market,] virtual market or a key service provider;
(b) suspend or cancel the registration of a collection centre, wholesale market, [23][specialized market,] virtual market or a key service provider;
(c) establish a just accounting procedure for a collection centre, wholesale market, [24][specialized market,] virtual market and key service provider;
(d) inspect a collection centre, wholesale market, [25][specialized market,] virtual market and a key service provider;
(e) cause collection of such information with respect to a collection centre, wholesale market, [26][specialized market,] virtual market or key service provider as he may deem proper or as the Authority may require;
(f) conduct surveys of relevant agricultural marketing and submit appropriate recommendation to the Authority; and
(g) perform such other functions as the Authority may assign or the Government may direct.
[27][7A. Secretariat of the Authority.- The Directorate of Agriculture (Economics and Marketing) shall act as
Secretariat of the Authority to carry out its functions in such manner as may
be prescribed.
7B. Training
Institute.- The Punjab Institute of Agricultural Marketing shall act as the training institute of the
Authority in such manner as may be prescribed.]
8. Appointments. (1) The Authority may, in the prescribed
manner, appoint, on contract, such officers, employees, experts or consultants
on such terms and conditions as it may deem fit for the performance of its
functions.
[28][(2) Notwithstanding anything contained in the Act, the existing employees of Market Committees serving on regular basis on the date of commencement of the Act shall be deemed to have been appointed under the Act and upon occurrence of vacancy, any fresh recruitment shall be made in the manner as may be prescribed.]
[29][(3) The successor Market Committees shall be responsible to settle in the prescribed manner the affairs of the employees, either retired or died, while serving the Market Committees or the Market Committees Development Fund, such as Pension, gratuity, commutation and other service benefits, if admissible before the commencement of the Act.]
9. Annual report. (1) The Authority shall submit to the Government, within three months of the close of a financial year, an annual performance report.
[30][(2) The report shall consist of:
(a) budget
of previous year and actual expenditure;
(b) budget
of the ensuing or current year;
(c) the
statement of accounts and audit reports of the Authority;
(d) a comprehensive statement of the work and activities of the
Authority during the preceding financial year and its proposed projects and
schemes for the following year or years; and
(e) such other matters as may be prescribed or as the Authority may
consider appropriate or as the Government may direct.]
[31][10. Delegation of powers.- The Authority may delegate to the Chairperson, member, a committee of
the Authority, Director General, or officer or employee of the Authority any of
its functions and powers, except the power to:
(a) frame,
adapt, amend or repeal regulation;
(b) approve
annual budget of the Authority;
(c) consider
and give decision on the audit reports;
(d) approve
the annual performance report of the Authority;
(e) approve the standards and procedures for operation of the
Authority;
(f) determine the number of its employees and their terms and
conditions; and
(g) fill a vacancy in a committee of the Authority and approve its
policy decisions.]
11. Key service provider. The following persons may, subject to registration with the Authority, provide services in aid of the marketing of an agricultural produce:
(a) accreditation bodies or any other entity certifying good agricultural practices, geographical origin of an agriculture produce or particular kind of a farming method;
(b) graders, polishers or packers [32][who work in markets or collection centers];
(c) warehouse operators providing storage and cold chain services;
(d) transporters [33][who provide services to markets or collection centers]; and
(e) quality assayers.
12. Farmers market. A grower or a growers association may set up a farmers market under the name or style of apni mandi or kissan bazaar for direct marketing of an agricultural produce and for the purpose, no registration shall be required.
[34][12A. Establishment
of Private Market.- (1) Notwithstanding
anything contained in any other law
for the time being in force, after the commencement of the Act, any person
shall be entitled to establish a private market for the wholesale, sale or
purchase of agricultural produce in accordance with the provisions of the Act,
in such manner as may be prescribed.
(2) A private market established under the Act shall be regulated in accordance with the provisions of the Act and the rules made thereunder from time to time.]
13. Enlistment of a market worker. A collection centre, wholesale market [35][, specialized market] or virtual market shall, having been satisfied of good character of a market worker, may enlist him and allow him to work in the center or, as the case may be, the market.
[36][14.
Prohibition. (1) A person shall not set up or operate a collection center, wholesale
market, specialized market, public market or virtual market or operate as a key
service provider unless he is registered with the Authority for the purpose.
(2) No person shall, within the premises of market store, purchase, sell or in any other manner deal in any commodity which is not declared as agricultural produce.]
15. Registration. [37][(1) A person
desirous to set up and operate a collection center, auction market, wholesale
market, specialized market or virtual market or operate as a key service
provider, shall, in the prescribed manner, apply to the Authority for
registration:
provided
that each collection center, auction market, specialized market, wholesale
market or virtual market established in the private sector shall be governed by
a Management Committee having such composition and functions as may be
prescribed.]
(2) If all the prerequisites and requirements of registration are fulfilled, the Authority shall issue the registration certificate in the prescribed manner.
(3) On payment of the annual fee, the registration certificate issued under sub-section (2) may be renewed for such period as may be prescribed.
[38][15A. Establishment of Market Committees.-
(1) The Authority shall, by notification in the official Gazette,
establish a Market Committee for every Public Market and the Authority may
entrust the management of more than one market(s) to a Market Committee.
(2) All Market
Committees existing immediately before the commencement of the Act shall stand
dissolved and shall be constituted afresh by the Authority under the Act, in
such manner, as may be prescribed.
15B. Composition
of Market Committee.-
(1) A market committee shall consist of
the following members:
(a) two farmers to be nominated by the concerned Local Government, one
farmer to be nominated by Deputy Commissioner of the concerned district, one
farmer of the district to be nominated by the divisional chamber of commerce
and industry of the division concerned and two farmers to be nominated by the
Authority:
provided that if nomination of any member
is delayed by the concerned authority, the Authority may appoint a member on
interim basis;
(b) two commission agents to be nominated by the concerned Anjuman-Ahrtian;
(c) one Pharia to be nominated by the
concerned whole-salers association;
(d) one registered market worker;
(e) one member from the concerned District Consumer Protection Council;
(f) one EADA (E&M)/ AO (E&M) of concerned District;
(g) Secretary Market Committee who shall be the member/ Secretary.
(2) All Market Committees shall be reconstituted
within sixty days of the commencement of the Act.
(3) If any vacancy occurs due to
the death, resignation,
transfer or retirement or by
the removal
of any
member, such vacancy shall be filled by the Authority in the same manner
as the original appointment was made.
(4) A member of
a Market Committee shall hold office for a period of
three years from the date of
his appointment:
provided that
term of office of all members shall expire on the same date irrespective of
whether he has completed three years or not:
provided
further that a member may not serve for more than two consecutive terms.
(5) Every market committee shall elect from amongst
its members a Chairman and Vice-Chairman for such term as may be prescribed:
provided
that
a member who is not a grower shall not be eligible
to be elected as Chairman and Vice-Chairman.
[39][(6) The Chairman and Vice-Chairman shall vacate
offices on the expiry of their terms and the Government may appoint an
administrator, not below the rank of an officer of BS-17, till the time new
Chairman and Vice-Chairman are to be elected and the administrator shall have
the same powers as exercised by the Chairman and Vice-Chairman.]
(7) If in the election of a Chairman or
Vice-Chairman there is an equality of vote, the result of the election shall be
decided by lots to be drawn in the presence of the officer presiding in such
manner as he may determine.
(8) Every election of Chairman and Vice-Chairman
shall be notified by the Authority in the official Gazette.
(9) The election of the new Market Committee shall
be regulated in the prescribed manner.
(10) The Government shall not extend term of a
Market Committee under any circumstances.
(11) If at any time the Authority is satisfied that
a situation has arisen in which the purposes of the Act cannot be carried out
in accordance with the provisions the Act, the Authority may by notification
dissolve the Market Committee charting detailed reasons thereof and declare that
the functions of the market committee shall, to such extent as may be specified
in the notification, be exercised by such officer as it may direct:
provided that a
new Committee shall be constituted within forty-five days of date of
dissolution.
(12) A member holding office of Chairman or
Vice-Chairman, may, at any time, tender his resignation, in writing, addressed
to the Authority and the office shall become vacant on the expiry of fifteen
days from the date of such resignation, unless within the said period of
fifteen days he withdraws the resignation, in writing, addressed to the
Authority.
(13) The Chairman and Vice-Chairman shall
vacate office if they cease to be a member of the Market Committee.
(14) During the vacancy caused by death,
resignation, removal or otherwise in the office of the Chairman, the
Vice-Chairman and if the office of Vice-Chairman is also vacant then such
member of the Market Committee as the Authority may appoint, shall exercise the
powers and perform the functions of the Chairman till the new Chairman is
elected.
15C. Duties and Powers of Market Committee.- (1)
Subject to the provisions of the Act, it shall be the duty of a Market
Committee:
(a) to implement the
provisions of the Act, the rules and the by-laws made or framed thereunder in
the market area;
(b) to provide such
facilities for marketing of agricultural produce as the Authority may from time
to time direct;
(c) to do such other
acts as may be required in relation to the superintendence, direction and
control of market or for regulating marketing of agricultural produce in any
place in the market area, and for the purposes connected with the matters
aforesaid, and for that purpose may exercise such powers and discharge such
functions as may be provided by or under the Act; and
(d) to do all such
other acts to bring about complete transparency in pricing system and
transactions taking place in market area.
(2) Without prejudice to the generality of the
forgoing provisions, a Market Committee may:
(a) maintain and
manage the market yards within the market area;
(b) provide necessary
facilities for the marketing of agricultural produce within the market and
outside the market and various yards in the market area;
(c) register or refuse registration to market functionaries and market
workers, renew, suspend or cancel such registration, supervise the conduct of
the market functionaries and enforce conditions of Registration in the public
markets, as may be prescribed, falling under its jurisdiction;
(d) regulate, conduct or supervise
the auction of notified agricultural produce in accordance with the provision
and procedure laid down under the rules or bye-laws made under the Act;
(e) regulate the making, carrying out and enforcement or cancellation
of agreements of sales, weighment, delivery, payment and all other matters
relating to the market of notified agricultural produce in the manner
prescribed;
(f) provide for the settlement of all disputes between the seller and
the buyer arising out on any kind of transaction connected with the marketing
of notified agricultural produce and all matters ancillary thereto;
(g) take all possible steps to prevent adulteration of notified
agricultural produce;
(h) make arrangements for employing by rotation, weigh men and market
workers for weighing and transporting of goods in respect of transactions held
in the market yard/ sub yards;
(i) levy, take, recover and receive rates, charges, fees and other
sums of money to which the Market Committee is entitled;
(j) regulate the entry of persons and vehicles, traffic into the
market yard and sub-market area vesting in the Market Committee;
(k) prosecute persons for violating the provisions of the Act, the
rules and the bye-laws and compound such offences;
(l) employ the necessary number of officers and servants, on contract
basis, for the efficient implementation of the provisions of the Act, the rules
and the by-laws;
(m) institute or defend any suit, prosecution, action, proceeding,
application or arbitration and compromise such suit, action proceeding,
application or arbitration;
(n) keep a set of standard weights and measure in each principal market
yard and sub-market yard against which weighment and measurement may be
checked;
(o) inspect and verify scales, weights and measures in use in a market
area and also the books of accounts and other documents maintained by the
market functionaries in such manner as may be prescribed;
(p) ensure payment in respect of transactions which take place in the
market yard to be made on the same day to the seller, and in case of
default, to seize the agricultural
produce in question along with other property of the person concerned and to
arrange for re-sale thereof and in the event of loss, to recover the same from
the original buyer together with charges for recovery of the losses, if any,
from the original buyer and effect payment of the price of the agricultural
produce to the seller;
(q) recover the charges in respect of weigh men and market worker and
distribute the same to weigh men and market worker if not paid by the
purchaser/seller, as the case may be;
(r) with the prior sanction of the Authority, undertake the
constructions of godowns, roads and such other infrastructure, on competitive
bidding basis as prescribed in the market yard/sub yard and market area as may
be required to facilitate movement of agricultural produce to the market for
benefit of producer, sellers and traders operating in the market area; and
(s) to promote and undertake agricultural processing including activity
for value addition in agriculture produce.
(3) No market functionary, Pharia,
Key Service Provider, weigh man, measurer, surveyor, warehouseman, changer, palledar, boriotas, tolas, tokrewalas and rehriwalas shall,
unless duly authorized/ registered, carry on his occupation in a public market.
15D. Grant
of Registration.- (1) After the establishment of a market committee, no person for himself or on behalf of another person,
unless exempted by Rules framed under the Act, shall, within the public market,
set
up, establish or use any place for the purchase or sale of
the
agricultural produce or purchase, sell, store or
process such agricultural produce except in accordance with the terms and
conditions of registration
granted under the
provisions of the Act:
provided that
registration shall not be required by a grower who either himself or through a bonafide agent sells his own agricultural produce or the
produce of his tenant or by a person who purchases any agricultural produce for
his private or domestic use.
(2) Subject to such rules as the Government may
make in this behalf, the Market Committee concerned shall be the authority to
register or renew registration of a person or firm involved in sale, purchase,
store or processing of agricultural produce within the agriculture produce
market under the Act;
(3) Any person who intends to work in public
market may apply on the prescribed form to the Market Committee concerned for a
registration or for the renewal of the registration which shall be granted for
such period, in such form, on such terms and conditions and on payment of such
fee as may be prescribed.
15E. Market Fee.- A market committee shall levy an ad-valorem fee at a rate that
may be prescribed on the sale value of agricultural produce bought or sold in the concerned public market.
15F. Market Committee Fund.-
(1) All moneys received by a market
committee in the form of fees, taxes or grants made by the Government and
income from registration fee, fines, or other charges shall be deposited into a fund to be called
the Market Committee Fund.
(2) All expenditure incurred by a market committee
under or for the purposes of the Act shall be defrayed out of the said fund and
any surplus after meeting such expenditure shall be invested in such manner as
may be prescribed.
(3) Every market committee shall, out of its fund,
pay to the Agriculture Marketing Development Fund maintained by the Authority
on such percentage, as may be prescribed.
15G. Purposes for which the funds of Market
Committees may be expended.- The market committee funds shall be expended for
the following purposes only:
(a)
acquisition of land for the establishment
of
market or markets
with the approval of the Authority;
(b)
maintenance and improvement of the markets including construction of storages,
platforms and
roads;
(c)
construction and
repair of buildings which
are necessary for
the purposes of
establishing such markets and for the health, convenience and safety of the persons using them;
(d)
collection
and dissemination for
information regarding all
matters relating to
marketing;
(e)
providing comforts and facilities, such as light, sanitation, shelter, shade, parking
accommodation and
water for the persons, draught cattle, vehicles and pack animals coming to the
market and similar other purposes;
(f)
provision of facilities
such as
cleaning sets,
plants
for grading,
standardization, packing and processing of
agricultural produce;
(g)
construction of cold
storages, warehouses and godowns for the
benefit
of
growers;
(h)
provision and maintenance of standard weights and
measures;
(i)
pay, leave, compassionate and medical allowances,
gratuities, pensions, honoraria and contributions towards leave allowances or
provident fund of the persons employed by market committee;
(j)
payment of interest on loans that may be raised for
purposes of the market and the provision of sinking fund in respect of such
loans;
(k)
expenses incurred in auditing the account of market
committees;
(l)
payment of travelling allowances to the members and
employees of market committees;
(m)
payment of allowances and honoraria to the
Administrator of the superseded market committee;
(n)
contribution towards the Agriculture Marketing
Development Fund subject to rules framed thereunder;
(o)
payment of property tax and house tax;
(p)
payment of other taxes as covered by appropriate
Act/Ordinance;
(q)
engagement of lawyer;
(r)
purchase of load carrying vehicles for cleanliness
etc. subject to previous sanction of the Authority;
(s)
advance of loans on interest to other market
committees in the district for carrying out development projects, with the
previous sanction of the Government;
(t)
training of members and staff of market committees;
(u)
purchase/ sale of essential agricultural commodities;
and
(v)
any other purpose that may be declared by notification
by the Government for improvement of agriculture and agricultural marketing,
which is calculated to promote the general interest of the farmer and for the
conduct of elections of the Market Committee.
15H. Incorporation of Committee.- Every Market Committee shall be a body
corporate having such name as the Government may specify in the notification
establishing it, shall have perpetual succession and a common seal, may sue and
be sued in its corporate name, and shall be competent to acquire and hold
property, both moveable and immovable to lease, sell or otherwise transfer any
moveable or immovable property which may have become vested in or been acquired
by it, and to contract and to do all other things necessary for the purpose for
which it is established:
provided that
no market committee shall permanently transfer any immovable property except in
pursuance of a resolution passed at a meeting specially convened for the
purpose by a majority of not less than three-fourth of the members of the
market committee:
provided
further that no market committee shall be competent to exercise any power with
regard to immoveable property without approval or special or general directions
of the Government or a person authorized by the Government in that behalf.
15I. Power to Borrow.- (1) A Market Committee may, with the prior
sanction of the Government, raise money required for
carrying out
the
purposes for which it is established in lieu
of the security of
any property vested in
and
belonging to the Market Committee and of any fee leviable by the Market Committee under
the Act.
(2) A market committee may, for the purpose of meeting
the initial expenditure on lands, buildings and equipment required for establishing
a market, and for the proper discharge of the duties and functions imposed on
it by or under this Act, obtain a loan from the Government or from any other market
committee on such conditions, and subject to such rules as may be prescribed.
15J. Acquisition
of Land.- Where any land is required by a
market committee for carrying out any of its functions under the Act, it shall
obtain the prior approval of the Government before approaching the Collector of
the district concerned under the Land Acquisition Act, 1894 (I of 1894).
15K. Reporting.- Each market
committee of public market and Management Committee of private market shall
prepare an annual report, setting out in reasonable details, the development
and performance of the wholesale markets for agricultural produce.
15L. Market Information System.- The Authority shall, not
later than four months from the date of commencement of the Act, establish or
cause to be established an online information system providing information on
the wholesale supply, demand, and prices of agricultural produce bought or sold
in the Punjab, against payment of fee and such other information, as may be
prescribed.]
16. Cancellation of Registration. (1) The Director General may, after affording an opportunity of hearing, cancel the registration certificate [40][of a private wholesale market, specialized market, auction market, collection center or virtual market], for one or more of the following grounds:
(a) misrepresentation, fraud or forgery committed in regard to the registration;
(b) use of centre or, as the case may be, the market for activities outside and beyond the terms of registration;
(c) willful failure to:
(i) keep the centre or, as the case may be, the market clean and hygienic;
(ii) prevent and control malpractice;
(iii) make payment to a grower for his agricultural produce;
(iv) prevent auction of an agricultural produce in a transparent manner;
(v) prevent unauthorized trade allowance;
(vi) display remuneration or wages payable to a market worker;
(d) willful default in payment of fees or other dues payable under the Act or the rules;
(e) serious and continuance violation of the terms of registration;
(f) violation of the provisions of the Act or the rules or the regulations; and
(g) such other grounds as may be prescribed.
(2) The Director General may, after affording an
opportunity of hearing, may cancel the registration of a key service provider
on one or more of the following grounds:
(a) misrepresentation, fraud or forgery committed with regard to registration;
(b) misconduct in service delivery;
(c) breach of terms of the registration;
(d) violation of the provisions of the Act or the rules or the regulations;
(e) conviction of an offence involving moral turpitude;
(f) willful default in payment of fees or other dues payable under the Act or the rules or the regulations; and
(g) such other grounds as may be prescribed.
[41][(3) The Market Committee, after affording an opportunity of hearing,
may cancel the registration of market functionary, Pharia/wholesaler,
weigh man, measurer, surveyor, warehouseman, changer, palledar,
boriotas, tolas, tokrewalas
and rehriwalas on one or more of the following
grounds:
(a) misrepresentation, fraud or forgery committed in regard to registration;
(b) misconduct in service delivery;
(c) breach of terms of the registration;
(d) violation of the provisions of the Act or the rules or the regulations;
(e) conviction of an offence involving moral turpitude;
(f) willful default in payment of fees or other dues payable under the Act or rules or the regulations; and
(g) such other grounds as may be prescribed.]
17. Suspension of Registration. (1) If the Authority is satisfied that, pending proceedings for the cancellation of the registration, it is necessary to suspend the registration, it may suspend the registration for such period as it may deem necessary.
(2) The collection centre, wholesale market, [42][specialized market, auction market,] virtual market and key service provider shall cease to operate and carry out its activities during the period the registration is suspended.
18. Directions
by the Government. The
Government may issue such directions to the Authority as it may consider
necessary for carrying out the purposes of the Act, and the Authority shall comply with such directions.
[43][19. Agricultural
Marketing Development Fund.- (1) The Market Committee
Provincial Fund Board established under section 20 of Punjab Agricultural
Produce Markets Ordinance 1978 (XXIII of 1978) shall hereinafter be renamed as
Agricultural Marketing Development Fund established under the Act.
(2) The Fund shall consist of:
(a) funds provided by the Government;
(b) loans or grants by the Government;
(c) grants and loans negotiated and raised, or otherwise obtained, by
the Authority with the prior approval of the Government;
(d) fee, charges, rentals, fines and other moneys collected by the Authority;
(e) income from the lease or sale of the property;
(f) funds from floating bonds, shares, debentures, certificates, or
other securities issued by the Authority with the approval of the Government;
(g) contributions received from Market Committees and Management
Committees; and
(h) all other sums received by the Authority.
(3) The
balances in the Market Committee Provincial Fund, on the date of enforcement of
the Act, shall stand transferred to Agriculture Marketing Development Fund.
(4) The
Authority shall manage the Fund for the purpose of development of Agriculture
Marketing as may be prescribed.
(5) The
Authority shall meet all its expenses from the Fund and shall exercise prudence
in its expenditures from the Fund.]
[44][19A. Agribusiness Market Fee. (1) The
Authority may levy an ad-valorem fee on agricultural produce purchased for
agribusiness as may be prescribed.
(2) The
agribusiness market fee shall be deposited in the Fund.]
[45][20.
Bank account. (1) The Authority may open and maintain its accounts at
such scheduled banks as may be prescribed, and until so prescribed, as the
Authority may determine with the approval of the Finance Department, Government
of the Punjab.
(2) A
Market Committee may open and maintain its accounts in such scheduled bank as
the authority may approve or as may be prescribed by rules.]
[46][21.
Budget. (1) The Director General shall prepare the
budget of the Authority for each financial year commencing on first day of July
of a year and ending on thirtieth day of June of the succeeding year showing
the estimated receipts, recurrent expenditure, and development expenditure of
the Authority.
(2) The Director General shall place the budget
for approval before the Authority at least forty-five days prior to the
commencement of a financial year.
(3) The Authority shall approve the budget with
or without modifications before 30th of June every year.
(4) Each Market Committee shall prepare the
budget for each financial year commencing on first day of July of an year and ending on thirtieth day of June of the
succeeding year showing the estimated receipts, recurrent expenditure, and
development expenditure of the Market Committee or in such form and manner as
may be prescribed and shall submit it forty five days prior to the commencement
of a financial year to the Authority for approval.
(5) The
accounts of the Authority and Market Committees shall be maintained in such
manner as may be prescribed.
(6) Each
Market shall be operated by its Market Committee in such manner and shall
ensure that such market are financially solvent.]
[47][22. Audit. (1) The Auditor General of Pakistan shall
conduct audit of the accounts of the Authority.
(2) The
Authority shall also make such arrangements for pre-audit or concurrent audit
of accounts as may be necessary.
(3) The
account of the Market Committees shall be audited by a Government audit agency
or a firm of chartered accountants authorized by the Authority in such manner
as may be prescribed.]
23. Malpractice. A collection centre, wholesale market [48][, virtual market or auction market] shall immediately remove from the list a market worker for reason of malpractice, and such a worker shall not operate in a collection centre, wholesale market [49][, virtual market or auction market].
[50][24. Appeal. (1) Any person aggrieved by
the decision or order of the Director General refusing, cancelling or
suspending the registration or renewal of registration, may prefer an appeal to
the Authority in the prescribed form and manner.
(2) An
appeal shall lie to the Secretary Agriculture against an order of the Authority
confirming, modifying or reversing the decision or order of the Director
General as the case may be.
(3) Any
person aggrieved by the decision or order of the Market Committee may prefer an
appeal to the Director of Agriculture (E&M), Punjab.
(4) An
appeal shall lie to the Special Secretary, Agriculture Marketing against an
order of the Director of Agriculture (E&M), Punjab confirming, modifying or
reversing the decision or order of the Market Committee.]
[51][25. Penalties. (1) Whoever contravenes the provisions of section 14, 16,
17 or 23 shall be punished with imprisonment which may extend to six months but
which shall not be less than one week and with fine which may extend to five
hundred thousand rupees but which shall not be less than one hundred thousand
rupees.
(2) Whoever
continues to contravene the provisions of section 14 shall, in addition to the
fine under subsection (1), be punished with further fine of rupees fifty
thousand per day for the period of contravention.
(3) Whoever
contravenes any provisions of the Act, the rules or regulations, for which no
other punishment is provided, shall be punished with imprisonment which may
extend to one month or with fine which may extend to fifty thousand rupees or
with both.
(4) Any
person working as a market functionary in Public Market in contravention of the
provisions of the Act, rules and regulations shall, on conviction by a court be
liable to imprisonment which may extend to six months but which shall not be
less than one week and with fine which may extend to rupees five hundred
thousand but which shall not be less than rupees one hundred thousand.
(5) Any
person who encroaches upon any property belonging to a Market Committee shall,
on conviction by a court be liable to imprisonment up to one year or to fine
which may extend to rupees five hundred thousand but which shall not be less
than rupees one hundred thousand or both.
(6) Every
person shall be liable for the loss, waste or mis-application of any money or
property belonging to a market committee, if such loss, waste or
mis-application is proved to the satisfaction of the Special Secretary
Agriculture Marketing or any other officer specially empowered in this behalf
by the Government.]
26. Cognizance of offence. (1) An offence under the Act, the rules or the regulations shall be non-cognizable and bailable.
(2) A Magistrate of the First Class shall summarily try an offence under the Act in accordance with the provisions of Chapter XXII of the Code of Criminal Procedure, 1898 (V of 1898) on a complaint instituted by a person duly authorized by the Authority [52][or market committee].
27. Recovery of dues. All sums due to the
Authority [53][or market committee] under the Act, may be recovered as arrears of land revenue.
28. Marketing disputes. (1) All disputes between sellers and buyers arising in a wholesale market and relating to an agricultural produce shall be referred to an agricultural marketing expert from a panel constituted by the Authority in the prescribed manner.
(2) The expert shall decide the dispute in such manner and within [54][such] time as may be prescribed.
(3) Any person aggrieved by the orders of the expert may, within thirty days of the order, prefer an appeal, on a point of law, before the District Judge who shall dispose of the appeal within three months.
[55][28A. Inspection.- (1) The
Authority may, with or without prior notice, inspect a notified market that has
been transferred to a market company or any market to ensure that the same are
established and operated in accordance with all applicable laws, rules and
regulations.
(2) The Authority may take appropriate corrective measures to ensure compliance of the Act, the rules and the regulations made or framed thereunder.]
[56][29. Rules.- The
Government may, by notification in the official Gazette, make rules for
carrying out the purposes of the Act, which may provide for:
(a) regulation of whole-sale markets, virtual markets, specialized markets and collection centers;
(b) infrastructure standards, equipment and requirements for general, private and specialized markets;
(c) place or places at which agricultural produce shall be weighed, the description of scales, weights and measures;
(d) reliable grading, standardization and processing equipment and standards;
(e) inspection, verification, regulation, correction and confiscation of scales, weights and measures in use; and
(f) transparent and reliable auctions and financial.]
30. Regulations. (1) Subject to the Act and the rules, the Authority may frame regulations to carry out its functions under the Act.
(2) The Government may direct the Authority to modify or omit any regulation which, in its opinion, is repugnant to the provisions of the Act or the rules or which is against public policy and the Authority shall comply with the directions.
[57][30A. Bye-laws.- A Market Committee may frame bye-laws for the
management and operation of its Public Market with the approval of the
Authority.]
31. Act to have overriding effect. The provisions of the Act shall have effect notwithstanding anything to the contrary contained in the Punjab Agricultural Produce Market Ordinance, 1978 (XXIII of 1978).
32. Removal of difficulties. If any difficulty arises in the application of the Act, the Government may, within one year of the commencement of the Act and on the recommendations of the Authority or on its own motion, take such action or pass such order as it may consider necessary for the removal of such difficulty.
[58][33 Repeal
and savings.-
(1) The Punjab
Agricultural Produce Market Ordinance, 1978 (XXIII
of 1978) is hereby repealed.
(2) Notwithstanding the repeal of the enactment specified in sub-section (1), everything done, action taken, obligation, liability, penalty or punishment incurred, registration, inquiry or proceeding commenced, committee constituted or person appointed or authorized, jurisdiction or power conferred, rule or bye-law made and order or notification issued under any of the provisions of the said enactment, shall, if not inconsistent with the provisions of this Act, be continued and so far as may be deemed to have been respectively done, taken, incurred, commenced appointed, authorized, conferred, made or issued under this Act.]
[1]This Act was
passed by the Punjab Assembly on 16 May 2018; assented to by the Governor of
the Punjab on 21 May 2018; and, was published in the Punjab Gazette
(Extraordinary), dated 24 May 2018, pages 8175-82.
[2] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
(b) agricultural
marketing means all activities and functions
necessary for the sale and purchase of agricultural produce;
[3] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[4] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[5] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[6] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[7] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[8] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[9] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[10] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[11] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
(s) virtual
market means a web-based commerce platform for the sale or purchase of an
agricultural produce;
[12] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[13] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2024 (V of 2024).
[14]Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2024 (V of 2024), for the
following :
(6) The Director General shall convene a meeting
of the Authority either as directed by the Chairperson or on a request, in
writing, of at least one third of the members or if the Government so directs.
[15]Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2024 (V of 2024), for the
following :
(7) The Chairperson, and in his absence, a member
of the Authority nominated by the Chairperson shall preside over a meeting of
the Authority.
[16]Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[17]Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[18] The following section omitted by the Punjab
Agricultural Marketing Regulatory Authority (Amendment) Act 2024 (V of 2024):
5. Removal
of members. (1) The Chief Minister may, after affording opportunity of
hearing, remove the Chairperson or a member, other than an ex officio member, if he:
(a) has been
adjudged an undischarged insolvent; or
(b) has been
convicted of an offence which involves moral turpitude; or
(c) has
become physically or mentally incapable of acting as the Chairperson or the
member; or
(d) has
abused his position and rendered his continuance in the office prejudicial to
public interest; or
(e) suffers
from a conflict of interest; or
(f) remains
absent from three consecutive meetings of the Authority without leave of the
Chairperson and fails to furnish a reasonable ground for his absence.
(2) The
Government may nominate another person as the Chairperson or, as the case may
be, the member for the remaining term of the outgoing Chairperson or the
member.
[19] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[20] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
(b) hold
office for a term of three years and shall remain in office for three months
thereafter or until the successor is appointed, whichever is earlier.
[21] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
(3) Nothing
in this section shall preclude the Chief Minister from extending the term of
office of Director General for another term of three years.
[22] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[23] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[24] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[25] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[26] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[27] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[28] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
(2) Notwithstanding
anything contained in any other law, the Authority may, at any time, terminate
the service of an employee by serving not less than thirty days prior notice or
on payment of thirty days salary in lieu of the notice.
[29] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[30] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
(2) The
report shall consist of:
(a) the statement of
accounts and audit reports of the Authority;
(b) a comprehensive
statement of the work and activities of the Authority during the preceding
financial year and its proposed projects and schemes for the following year or
years; and
(c) such other matters as
may be prescribed or as the Authority may consider appropriate or as the
Government may direct.
[31] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
10. Delegation of powers. The
Authority may delegate to the Chairperson, member, Director General or officer
or employee of the Authority any of its powers, duties or functions, except the
power to:
(a) approve
the annual budget;
(b) approve
the annual performance report;
(c) frame
regulations;
(d) determine
the number of its employees and their terms and conditions; and
(e) approve
all policy decisions.
[32] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[33] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[34] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[35] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[36] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
14. Prohibition.
A person shall not set up or operate a collection center, wholesale
market or virtual market or operate as a key service provider unless he is
registered with the Authority for the purpose.
[37] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
(1) A person
desirous to set up and operate a collection center, wholesale market or
virtual market or operate as a key service provider, he shall, in the
prescribed manner, apply to the Authority for registration.
[38] New Sections 15A to 15L inserted by the Punjab
Agricultural Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[39]Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2024 (V of 2024), for the
following :
(6) The Chairman and Vice-Chairman shall,
notwithstanding the expiry of their term of office, continue to hold office
until their successor enters upon their office.
[40] Substituted for the expression , other
than that of the key service provider by the Punjab Agricultural Marketing
Regulatory Authority (Amendment) Act 2020 (III of 2020).
[41] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[42] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[43] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
19. Authority fund.
(1) There shall be formed a Fund to be known as the "Punjab Agricultural Marketing Regulatory Authority Fund" which shall vest
in the Authority and shall be utilized by the Authority in connection with its
functions under the Act, including payment of salaries and other remuneration
to the members, officers, employees, experts and consultants of the Authority.
(2) The
Fund shall consist of:
(a) loans or grants made by the Government or the Federal
Government;
(b) loans or grants raised by the Authority with the approval
of the Government; and
(c) income from:
(i) registration
fee, fines or other charges;
(ii) sale,
lease or transfer of its property;
(iii) bonds,
shares, debentures, certificates or other securities issued by the Authority;
and
(iv) any
other source.
[44] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[45] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
20. Bank account. The Authority may open
and maintain its accounts in such scheduled bank as the Government may approve
or as may be prescribed by the rules.
[46] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
21. Budget. The Authority shall prepare
every year, in such form and manner and at such time as may be prescribed, a
budget in respect of the next financial year showing the estimated receipts and
expenditure of the Authority and shall submit it to the Government for
approval.
[47] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
22. Audit. (1) The accounts of the
Authority shall be audited by the Auditor General of Pakistan.
(2) In addition to the audit under subsection (1), the Authority or
the Government may appoint a firm of Chartered Accountants or any Government
audit agency to audit the accounts of the Authority.
(3) The Authority shall also make such arrangements for pre-audit or
concurrent audit of accounts as may be necessary.
[48] Substituted for the words or virtual
market by the Punjab Agricultural Marketing Regulatory Authority (Amendment)
Act 2020 (III of 2020).
[49] Substituted for the words or virtual
market by the Punjab Agricultural Marketing Regulatory Authority (Amendment)
Act 2020 (III of 2020).
[50] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
24. Appeal.
Any person aggrieved by the decision or order of the Director General refusing,
cancelling or suspending the registration or renewal of registration, may
prefer an appeal to the Authority in the prescribed form and manner.
[51] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
25. Penalties.
(1) Whoever contravenes the provisions of section 14 or section 17, shall be
punished with imprisonment which may extend to six months but which
shall not be less than one week or with fine which may extend to five hundred
thousand rupees but which shall not be less than one hundred thousand rupees or
with both.
(2) Whoever continues to contravene the provisions of section 14
shall, in addition to the fine under subsection (1), be punished with further
fine of rupees fifty thousand per day for the period the contravention
continues.
(3) Whoever contravenes any provisions of the Act, the rules or the
regulations for which no other punishment is provided, shall be punished with
imprisonment which may extend to one month or with fine which may extend to
fifty thousand rupees or with both.
[52] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[53] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[54] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[55] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[56] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
29. Rules.
The Government may, by notification, make rules for
carrying out the purposes of the Act.
[57] Inserted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020).
[58] Substituted by the Punjab Agricultural
Marketing Regulatory Authority (Amendment) Act 2020 (III of 2020), for the
following:
33. Transition.
The Government may, after the expiry of two years from the commencement of the
Act or after such further period as the Government may by notification,
determine, transfer the management of a market established under the Punjab
Agricultural Produce Markets Ordinance, 1978 (XXIII of 1978) to the Authority in the prescribed manner and on
such transfer that market shall be deemed to have been registered under the Act
as a wholesale market.