THE PANPOSH REGULATED MARKET COMMITTEE ,PANPOSH
BYE LAWS
ESTABLISHED UNDER SECTION 5 OF ORISSA AGRUCULTURAL PRODUCE MARKETS ACT, 1956 (ORISSA) ACT 30 F 1957.
Preamble bye laws of the Panposh Regulated Market Committee made as per the amendment 1996 under section 28(1) of the Orissa Agricultural Produce Markets Act, 1958 ( Orissa Act 3 of 1957) and subject to the provisions of the Orissa Agricultural Produce Markets Act , 1956 and the Orissa Agricultural Produce Markets Rules, 1958.
BYE LAWS
1. SHORT TITLE:
These Bye laws may be called the Panposh Regulated Market Committee Bye-Laws.
2. DEFINATIONS:
In these Bye laws unless there is any thing repugnant in the subject of context:
i) “Act” means the Orissa Agricultural Produce Act, 1956 ( No. 3 of 1957) (Amendment Act , 1984).
ii) “Rules” means the Orissa Agrucultural Produce Market Rules, 1958.
iii) The words and expressions defined in the Act and rules shall have the same meaning in these Bye-laws also.
iv) “Committee” meaning the Panposh Regulated Market Committee as constituted Under section 5 of the Act.
v) “Agricultural Produce” means the produce notified in govt. of Orissa Co-Operation Department Notification No 21545 dated the 12th December, 1994 as appended.
vi) “Handling” includes unloading from carts, opening, shifting, filling and stitching.
vii) “Licencee” Means a person who holds a licence in force issued by the Market Committee.
viii) Retail Sale means , Sale of the Agricultural Produce of the quantity in any calendar day as indicated below:
1) Cereal………….0.50 KG
2) Pulses………….0.20KG
3) Oil seed………..0.20KG
4) Vegetable……...0.20KG
5) Fibre…………...0.10KG
ix) “Traders” means a person ordinarily engaged in the business of buying and selling agricultural produce as a principal or as a duly authorised agent of one or more principals and includes a commission agent or a person ordinarily engaged in the business of processing agricultural produce.
x) “Seller” means a person who sells or agrees to sell any agricultural produce and includes a person who sell on behalf of any other person as his agent or servant or commission agent; and
xi) “buyer or purchaser” means a persons who buys or agrees to buy any agricultural produce and includes a person who buy or purchases on behalf of any other person as his agent or servent, or commission agent;
xii) “processor” means a person who processes any agricultural produce either on his own account, or on payment of charges.
3. HEAD QUARTERS.
The Headquaters of the Committee shall be at Panposh
Subsitute :
The Headquaters of the Committee shall be at Panposh Sub-Division.
4. TIME AND PLACE OF MITTING:
A meeting of the Committee shall be held at the office of the Committee or at any convenient place within the Market Area at last once in two months on such date and at such time as may be fixed by the Chairman.
5. THE MANNER OF CONVENE MEETING AND GIVING NOTICES THERE OF:
A notice of every meeting together with the Agenda shall be issued by the Chairman at last seven days before the date of the meeting , stating the place, date and hour at the proposed meeting . Any emergent meeting convened by the Chairman of his own accord or on the request of the 2/3 of the members may be held with shorter notice or at least three days. A copy of the notice together with the Agenda shall be sent to such officers or persons as the Director may direct.
6. QUORUM:
The quorum of the Committee meeting shall be six, if within half an hour from the time appointed for this meeting there is no quorum, the meeting shall be dissolved and shall stand adjourned to a data not exceeding 10 days from the date of adjournment to be fixed at the discretion of the Chairman . The notice of every adjourned meeting shall be issued five days before the date of the meeting and for this no quorum is necessary.
7. CONDUCT OF PROCEEDING OF MEETING:
1) The Chairman shall be entitled to speak and vote on all questions at a meeting . Voting by proxy will not be permissible. Any member may decline to vote on any subject without assigning any reason there for. Voting shall ordinarily be done by show of hands . but the Chairman may at the request of any three may direct that in any particular case votes shall be taken by ballot.
2) When a proposal or an amendment has been declared by the Chairman as duly carried no further proposal for amendment on it shall be entertained within two months except with the recorded consent of not less than ½ member of the Committee.
3) If any one of more members present at a meeting refuse to obey the ruling of the Chairman he may adjourn the meeting . the meeting once adjourned on this ground, subsequent proceedings , if any, shall be void and shall not appear in the minutes, in all such cases the Chairman shall record in his own handwriting in the minute book reason for adjournment unless he is prevented by sufficient cause from doing so.
4) All the proceedings of the committee or any sub-Committee shall be recorded in Engilish or in Oriya according to the convenience of the committee or Sub-Committee.
8. APPOINTMENT OF SUB-COMMITTEE:
I) The Committee shall appoint an Executive sub-Committee consisting of 5 members namely:-
a) One representative of Agriculturiests on the market committee.
b) One representative of Traders on the market committee.
c) One representative of Co-operative Organisation.
d) One representative of local authority on the market Committee.
e) Regional Marketing Officer, Concerned.
f) The Chairman shall be elected by the sub-Committee.
II) The quorum for any meeting of the Executive Sub-Committee shall be three.
III) The Executive Sub-Committee shall hold office until appointment of another Sub-Committee.
9. FUNCTIONS OF THE SUB-COMMITTEE :
(1) The Executive Sub-Committee acting on the general instructions
of the Committee shall arrange to publish daily the ruling rates for the
day and other useful information on arrivals, stocks etc.
(2) The Executive Sub-Committee shall prepare draft budgets, plans
and estimates for the construction and repairs of Market premises and make arrangements for construction. The Sub-Committee may also prepare any other proposal for the improvement of the Market and submit the same to the Market Committee.
10. DUTIES OF THE SECRETARY :
Insert as per amendment 1996
1) The Secretary shall be the Chief Executive and custodian of all records and properties of the Market Committee.
2) Convene the meeting of the Market Committee under the authority of the Chairman or a special meeting of the Market Committee on a requisition under Rule 87 and maintain minutes of the proceedings thereof.
3) Attend the meeting of the Marketing Committee of every Sub-Committee and take part in discussions but shall not move any resolution or vote at any such meeting.
4) Take action to give effect to the resolution of the committee and of the sub-committee and report about all action taken in pursuance of such resolutions to the committee in its immediately following meeting.
5) Direct the work of all employees of the market Committee in such a maner as to ensure proper efficient working of the Market Committee , and towards that and all such employees shall be subject to his immediate control.
6) Supervise the work of the officers and other employees of the market Committee and initiate necessary disciplinary action against any of them
for their negligence and misconduct, etc ., with the prior approval of the Chairman.
11. POWERS OF CHAIRMAN AND SECRETARY TO GRANT LEAVE ETC .
(1) Subjects to the provisions of the Act and the Rules, the Committee shall from time to time make rules regarding the terms and conditions of service, leave etc. as many be exercised by the Chairman and the Secretary upon the Officers and servants of the Committee.
(2) The Chairman shall be the controlling and supervising officer of the Marketing Committee and all officers and servants of the Marketing Committee shall , subject to these Rules and direction , if any , given by the marketing Committee or subject to his control.
( Insert as per amendment 1996)
(3) The Chairman shall be the drawing and disbursing Officer in respect of Pay Allowances, Contingent expenses and Traveling Allowance etc. of the staff as well as of the Committee.
(4) The Secretary shall have full control over all Officers and servants employed by the Committee. He shall also be responsible for directing their work in such manner as to ensure proper and efficient working of the Market. It shall he the duty of the Secretary to supervise the work of the staff and to report on such cases of neglect, misconduct as he thinks fit to the Chairman for necessary disciplinary action.
Causal leave of the staff will be granted by the Secretary. The Secretary shall have the power to appoint persons to meet the emergency shortage of staff causing out of leave etc, in daily wage not exceeding 7 days.
( Insert as per amendment 1996)
(5) The rules framed by the Committee under clause 11(1) are subject to the approval of the Director.
12. I M P R E S T :
A sum of Rs. 500/- (Rupees Five hundred) only is fixed as the maximum amount of the imprest which shall be kept in the custody of the Secretary and he may incur urgent expenditure up to the maximum of Rs.500/- (Rupees Two hundred) only at a time and pass the voucher.
( Insert as per amendment 1996)
13. (1)FEES ON AGRICULTURAL PRODUCE :
( Insert as per amendment 1996)
(i) All agricultural produce brought in to the Market shall pass through the market yard and shall not be sold at any place outside such yard.
(ii) Subject to provisions under section -11 of the OAPM (Amendment) act, 1984 the Market Committee shall levy and collect market fees on agricultural produce marketed in the market area at the rate indicated below from the purchaser of the produce.
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Items. Rate From whom
to be collected
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(a) All agriculture produce excepting 1% of the Purchaser
Cattle, goat, sheep and poultry. Sale value.
(b) Cattle, sheep, Goat, Poultry. 3% of the -do-
Sale value.
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(iii) The fees shall be collected by the paid employees of the Market Committee at the above rate on grant of proper receipt.
(iv) If any agricultural produce brought from outside the market area to the market for use by any industrial concern, situated within the market for export is not used by the Industrial concern or is not exported of otherwise removed within 30 days from the date of purchase the market committee shall levy and collect fees on such agricultural produce at the rates prescribed under Bye-law No .13 (a) & (b) from the industrial concerned of the person furnishing the certificates as provided in such rule (3) of Rule 48 of the OAPM rule 1958.
(v) The market fees at the rate provided in clause 13(1) above shall be charged and collected from purchaser/owner in case of any cattle sheep and goat and poultry.
(vi) In the case of cattle,sheep,goat and poultry the market committee shall issue a certificate at the time f entry to the market yard giving their identification of colour, size and from where brought etc. and such certificate shall be collected from the owner of the persons leaving such cattle , sheep, goat and poultry in the case may be.
14. L I C E N C E F E E S :
The Committee shall levy and collect fees from the Trader, General Commission Agent, Brokers weigh man and Retailer operating in the Market area at the following rates for grant of licences or renewal thereof.
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SL.NO. CLASS OF LICENCE. RATE OF LICENCE
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1. Trader. Rs.200/-
2. Commission Agent. Rs.150/-
3. Trader-cum-Commission Agent. Rs.150/-
4. Broker. Rs.100/-
5. Trader (Small) Retailer. Rs. 50/-
6. Weigh man/ Measurer. Rs. 25/-
7. Cooly. Rs. 20/-
8. Wore houseman. Rs.200/-
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15. GRANT OF LICENCE :
(1) All application for grant of Licence shall be made in the prescribed form and shall accompanied with full fees in all cases. The license will be granted in accordance with the provision of rule 60(3) and will remain valid till the end of the Market Year ending on 31st October.
(2) Applications for renewal of Licences for the next Market year shall be made 2 months prior to the commencement of the market year and shall be accompanied by full fees as payable for fresh License. Any license fee paid to the Committee for which a License has been issued shall not be refund either in full or in part on any account. But any License fee paid to the Committee for which a License has not been issued shall be refunded in full.
(3) On the grant of License or renewal there of the License shall execute an agreement in the prescribed for
(4) Every order of the Chairman refusing the grant of License or suspending or canceling a License already granted shall be recorded in writing with a brief statement of reasons for the same and a copy of such orders shall be supplied on payment of Rs.10/- (ten) only to the person or so effected on application by him to the Committee.
(5) If the License issued is lost or damaged or destroyed, the Licensee shall immediately apply to the Chairman and obtain a duplicate license on payment of a fee of Rs.10/- (ten) only. A License thus issued shall have the word ‘ DUPLICATE’ stamped across it in bold letters.