The Agriculture Produce Markets Act - 1939
An Act to provide for the better regulation of the purchase and sale of agriculture
produce and the establishment of markets for agricultural produces in the province of West
Pakistan.
Preamble:- Whereas it is expedient to provide for the better regulation of the
purchase ands sale of agriculture produce in the province of West Pakistan and for that
purpose to establish markets and make rule for their proper administration, in the manner
hereinafter appearing.
It is hereby enacted as follows: 01.
Short Title and Extent:-
(1)
This Act may be called the agricultural Produce Market Act, 1939.
(2)
It extends to the whole of West Pakistan except the tribal areas.
02.
Definition:- In this Act, unless there is any thing repugnant in the subject or context:-
*(a)
"Agricultural Produce" means agricultural or horticultural Produce, Livestock or
poultry and products and bye-products there of notification in the Schedule, provided
that Government may,
by notification in the official Gazette, add to, or omit
any agricultural produce or their bye-products
specified in the Schedule.
(aa)
"Dealer" means any person not being a grower who within the notified market area
sets up, establishes or continues or allows to be continues any place for the purchase
or sale of the agricultural produce notified under sub-section (1) of Section 4 or
purchases or sales, such agricultural produce.
(b)
"Government" means the Provincial Government of West Pakistan.
(c)
Grower means a person who grows agricultural produce personally, through tenants
or otherwise but shall not include a grower who work as a dealer or broker or who is
partner of a firm of dealers or brokers or is otherwise engaged in the business of
disposal or storage of agricultural produce:
Provided that no person shall be disqualified from being a grower on the ground only
that he is member of a society registered under the Cooperative Societies Act, 1912, which
deals in the purchase or sale of agricultural produce or is otherwise engaged in the business
of disposal or storage of agricultural produce.
If a question arises as to whether any person is a grower or not for the purpose of this
Act, the decision of the Deputy Commissioner of the district in which the notified area is
situated shall be final.
(d) "Market" means a building, block of buildings, enclosure or other area, which may
be so notified in
accordance with the rules made under this Act.
(e) "Notified Market Area" means any area notified under Section-4.
(f) "Prescribed" means prescribed by rules or bye-laws made under this Act.
(g) "Trade Allowance" include such allowances as have the sanction of custom in the
notified area concerned.
(h) "Warehouseman" includes a person who stores agricultural produce not belonging
to him and changes rent therefore, in any form from the person at whose instance the
said produce is so stored.
03.
Notification of intention of exercising control over purchase and sale of agricultural
produce in specified area. The Government may, by notification, declare its intention in
exercising control over the purchase and sale of such agricultural produce and in such area as
may be specified in the notification. Such notification shall state that any objections or
suggestions, which may be received by Government within a period to be specified in the
notification, will be considered.
Provided such period shall not be less than one month.
04.
Declaration of Notified area:-
(1)
After expiry of the period specified in the notification under the expiry of the
objections periods, the Government may, by notification and in any other manner that may be
prescribed declare the area notified under Sec. 3 or any portion thereof to be a notified
market area for the purposes of this Act in respect of the agricultural produce notified under
Section 3, or any part thereof.
(2)
After the date of such notification and on the establishment of market committee
under section 7, no person notwithstanding anything contained in any other Law unless
exempted under this Act shall, within the notified market area, set-up or establish or use any
place for the purchase storage or sale of any agricultural produce except in accordance with
the terms and conditions of license.
Provided that a License shall not be required by a grower who sells himself or through
a bonafide agent his own agricultural produce or the agricultural produce of his tenants on
their behalf or by a person who purchases any agricultural produce for his private use.
*1.
"Provided further that person carrying out such business immediately before the
publication of the notification under sub-section (1) shall if be applies for a License under
Section-6 within thirty days of the publication of the notification or the date notified thereby,
continue to do until the question of grant of the License is decided against him".
(2) (3) Government may, in accordance with the provisions of sub-section (1) exclude any
area from or include any area to, any notified market area".
4-A. Mode of Trading Agricultural produce entering into a notified market area for the
purpose of whole sale transaction shall be brought by or sold to the Licensed dealers by open
auction in the prescribed manner and in case such agriculture produce cannot be sold open
auction, it may be sold so fixed.
Provided that where a floor or minimum price is fixed by or under any law the
agricultural produce shall not be bought or sold at a lower than the authority to whom an
application may be made for the grant of a License.
05.
Authority to whom Application for grant of Licenses are to be made:- The
Government shall be rule made-under this Act, specify the authority to whom an application
may be made for the grant of a License.
06.
License and the fees:(1)
Any person who work or wishes to work as a dealer in a notified market area shall
apply on the prescribed From to the Market Committee concerned for a License or for the
renewal conditions and on payment of such fee not exceeding one thousand rupees per
annum as may be prescribed:
Provided that no fee shall be charged from dealer who is a Cooperative Society
registered under the Sind Co-operative Society Act, 1925.
(2)
License under this Act, shall not be granted to a person who.
(a) is minor other than that who inherits the business; or
(b) is found to be un-sound mind by a Court of competent jurisdiction; or
(c) is insolvent, or
(d) has been found guilty of criminal mis-appropriation or criminal breach of trust or
cheating or any other offence involving moral turpitude or abetment jurisdiction; provided
that this disqualification will not operate if a period of three years has elapsed since the
completion of the sentence imposed on any person in respect of any such offence.
(3)
If any person carrying on business of a dealer in a notified market area immediately
before the date of publication of the notification under Section-4, fails to apply for a License
within thirty days form such date, the fee as specified below in each with the market
committee:(i)
Upto three months
one thousand rupees.
(ii)
Upto six months
two thousand rupees.
(iii) Exceeding six months
three thousand rupees.
(4)
The Market Committee may, on being satisfied that there has been a breach of any of
the conditions of a License shall not be renewed for such period not exceeding four months
for the first breach as may be specified in that order:
Provided that no such order shall be passed without giving the License an opportunity
to show cause within fifteen days from the date of issue of the show cause notice.
(5)
Any person aggrieved by an order passed under sub-section-(4) may at any time
within one month of the passing of the order appeal to the Assistant Director, Bureau of
Supply and Prices of the district against such order, and the order passed in appear, shall be
final.
07.
Constitution of the Committee:- The Government shall by notification establish a
market committee for every notified market area.
08.
Constitution of the Committee:-
(1)
A market committee shall constitute of ten or eighteen members as Government may
in each case determine.
(2)
Of these members some may be appointed by Government from amongst the salaried
servants of the State by virtue of his office.
(3)*1. The remaining members shall be appointed by Government in the manner provided
hereunder, that is to say:
(a) If the committee is to consist of 10 members, there shall be appointed.
(i) Five members from growers of the notified market area.
(ii) Three members from persons carrying on Business in Agricultural Produce
including the Business as broker, weighmen, measurer or surveyor; and
(iii) One member from amongst the consumers to be nominated by the Deputy
Commissioner from amongst the members of the council or councils constituted under the
Sind Local Government ordinance, 1979, having jurisdiction in the notified market areas; and
(b) If the committee is to consist of eighteen members, there shall be appointed.
*04. (i) Nine members from frowers of the notified market area.
*05. (ii) Six members from persons carrying on business in agricultural produce including
the business as brokers, weighman, measurer or surveyor; and
*06. (iii) Two members from amongst the consumers to be nominated by the Deputy
Commissioner from amongst the members of the council or councils constituted under the
Sind Local Government ordinance 1979, having jurisdiction in the notified market area".
(4)
Omitted.
(5)
Omitted.
(6)
No Act done by the committee shall be called into question on the ground merely of
the existence of any vacancy in, or any defect in the constitution of the committee.
09.
(1)
Duties of the Committee:A Market committee shall.
(i) Enforce the provisions of this Act, and the rules and bye-laws made thereby.
(ii) Arrange open auction of the agricultural produce referred to in Section 4-A, and
supervise all operation connected therewith including correct weighment and timely payment
of its price in the prescribed manner;
(iii) If it considers necessary or if so directed by Government, establish one or more
fair price shops and for that purpose buy, sell, store (including storing in cold storage)
agricultural produce in the prescribed manner;
(iv) If the financial resources as permit set up or acquire markets, warehouses, coldstorages (including refrigerated mobile vans, for the benefit and facility of growers, dealers
and other market functionaries in the prescribed manner;
(v) Undertake any other duty or duties under this Act as Government may, from time
to time, direct".
(2)
Subject to such rules as the Government may make in this behalf, it shall be the duty
of the Market Committee to issue Licenses to brokers, weighman, measurer, surveyor,
werehousemen, changers, palladars, boriottos and roles, for carrying on their occupation in
the market area in respect of agricultural produce as defined in this Act, and to renew,
suspend or cancel such Licenses.
(3)
No broker, weighmen, measurer, surveyor, warehouseman, changer, palladar,
boriotta and rola, shall, unless duly authorized by License, carry on his occupation in a
notified market area in respect of agricultural produce as defined in this Act.
10.
Period Of Office Of Members:- Subject to the provisions of Section-13, every
member shall hold office for a period of three years from the date of his appointment and if,
when such period expired, no person has been appointed to succeed him, such member shall
unless the Government otherwise directs, continue to hold office until his successor is
appointed.
11.
Removal Of Members:- The Government may at any; time during the period of his
office remove by notification any member if such member has, in their opinion, being guilty
of misconduct or neglect of duty has been wrongly or improperly appointed or has lost the
qualification on the strength of which he was appointed or whose continuance as member in
the opinion of Government is not desirable.
12.
Election Of Chairman and Vice-Chairman:- Every market Committee shall elect from
amongst its members a chairman and a Vice-Chairman.
13.
Filling Of Vacancies:- If through death, resignation, transfer residence outside the
province, inability to Act as a member of the committee or removal in accordance with the
provision of section-11, any vacancy occurs, Government may appoint a member to fill such
vacancy in accordance with the provision of Section-8.
Provided that the term of office of the members so appointed shall expire on the same
date as the term of office of the vacating member would have expired had the later held
office, for the full period allowed under Section-10, unless there be delay in appointing a new
member to succeed the member first mentioned above, in which his successor is appointed by
the Government.
14.
Incorporation Of Committee:- Every market committee shall be a body, corporate by
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
subject to the provisions of Section-24, be competent to acquire and hold property, both
movable and immovable, to lease, sell or otherwise transfer any movable or immovable
property which my have become vested in or been acquired by it, and to contract and to do all
other things necessary for the purposes for which it was established.
Provided that no committee shall permanently transfer any immovable property
except in pursuance of a resolution passed at a meeting specially convened for the purpose by
the majority of not less than three-fourths of the members of the committee.
15.
Sub-Committee And Joint Committee and Delegation Of Powers:- The market
committee may appoint two or more of its member to be a sub-Committee for the conduct of
any work or to report on any matter and may delegate to any one or more of its members and
withdraw from him or them such of its powers or duties and in such manner as may be
prescribed.
16.
Appointment And Salaries Of Officers And Servants Of Market Committee:(1)
Subject to such rules as may be made by the Government in this behalf, a market
committee may employ such persons as may be necessary for the management of the market
may pay such persons such salaries as it may think, fit and shall have power to control and
punish them. The payment to its employees of such lease compassionate and medical
allowances, gratuities and pensions as it deems proper; and may contribute to any provident
fund which may be established for the benefit of such employees.
(2)
The Committee shall, in the case of any Government servant whom it employees, pay
to Government such contribution towards the pension and leave allowances of such servant
as may be payable under any regulations inforce.
(3)
Notwithstanding the provision of sun-section-(1), Government may consisting of all
posts in the Market Committee is grades 11 and above, and all appointments to the said
service shall be made by such authority in such manner and on such terms and conditions as
may be prescribed.
(4)
Government or any officer or authority empowered by Government in this behalf may
transfer any person in the said service from one market committee to other.
(5)
All persons in the said service shall be liable to such disciplinary action and penalties
as may be prescribed.
(6)
The salary allowances and other benefits except retirement benefits of the persons in
the said service shall be disbursed form the funds of the market committee concerned.
(7)
A Market Committee shall in addition to the contributions made to the Pool
Fundunder Section-19, make further contribution in the prescribed manner towards its share
of retirement benefits in relation to all persons in the said services for the period of such
service in such Committee.
17.
Persons Who Are To Be Deemed Public Servant Within The Meaning Of Section-21,
Of The Pakistan Penal Code:- Every person employed by the Market Committee under the
provisions of Section-16, and every member of the Committee shall be deemed to be a public
servant within the meaning of Section-21, of the Pakistan Penal Code.
18.
Execution Of Contracts:(1)
Every contract entered into be a market committee shall be in writing and shall be
signed on behalf of the Market Committee by the Chairman or, if for any reason he is unable
to act by the Vice-Chairman and two other members of the committee and shall be scaled
with the common seal of the committee.
(2)
No contract other than a contract executed as provided in sub-section-(1), shall be
binding on a market committee.
19.
Levy Of Fees:(1)
Subject to the rules made in this behalf, a market committee may levy a fee on an
agricultural produce bought or sold in the notified market area at such rate as may be
prescribed by rules.
(2)
Fifteen percent of the fee under sub-section-(1), shall be credited to a fund,
hereinafter referred to as the "Market committee Pool Fund", provided that:(a) No fee shall be leviable in respect of any transaction in which delivery of the
agricultural
produce bought or sold is not actually made, and
(b) A fee shall be leviable only on the parties to a transaction in which delivery is
actually made.
19-A. Market Committee Pool Fund:(1)
Market Committee Pool Fund shall be administered by a Committee consisting such
members as may be appointed by Government.
(2)
Subject to rule, the Market Committee Pool Fund shall be expended for:(i) Assisting the market committee by way of grant-in-aid of loans enabling them to
undertake construction of new markets, modern storage accommodation, and such
other works as may be approved by Government.
(ii) Meeting expenses on organizing seminars, symposiums and fairs on agricultural
marketing.
(iii) Imparting training to the members and employees of the market committee and
arranging study tours for them within or outside the province to improve their
efficiency.
(iv) Engaging consultant of repute of undertake market surveys and commodity
marketing research for future planning of marketing activities in the province.
(v) Acquisition of load carrying vehicles including refrigeration vehicles for bringing
agricultural produce of the farmers to the markets.
(iv) Payment of salaries to the employees and other expenses required for
administration of the fund, and
(vii) Payment of retirement benefits to the person in the Sind Market Committee
Unified Grade".
20.
Market Committee Fund:(1)
All money received by a Market Committee shall subject to the provisions of
Sections-19, be paid into a fund to be called the "Market Committee Fund". All expenditure
incurred by a Market Committee under or for the purposes of this Act shall be defrayed out of
the said fund, and any purples remaining after such expenditure has been met shall be
invested in such manner as may be prescribed by rules.
(2)
(a) Every Market Committee shall, out of its fund, pay to the Government the cost of
any special or additional staff employed by the Government with the committee for giving
effect to the provisions of this Act in the notified market area.
(b) The Government shall determine the cost of such special or additional staff and
shall, where the staff is employed for the purpose of more market committees than one,
apportion such cost among the committees concerned in such manner as they think fit. The
decision of the Government determining the amount payable by any market Committee shall
be final.
21.
Purpose For Which The Fund May Be Expended:- Subject to the provision of
Section-20, the market committee fund shall be expended for the following purpose only:
(i) The acquisition of a site or sites for the market:
(ii) The maintenance and improvement of the market:
(iii) The construction and repair building which are necessary for the purposes
of such market and for the health, convenience and safety of the persons using it:
(iv) The provision and maintenance of standard weights and measures:
(v) The pay, leave compassionate and Medical leave allowances, gratuities and
pension and contribution towards leave allowances or provident fund of the
persons employed by the market committee.
(vi) The payment of interest on loans that may be raised for purposes of the
market and the provision of a sinking fund in respect of such loans:
(vii) The collection and dissemination of information regarding all matters
relating to crop statistic and marketing a respect of the agricultural improvement
and thrift:
(viii) Providing comforts and facilities, such as shelter shade, parking
accommodation and water for the persons, draught cattle and pack animals
coming to the market, and similar other purpose which is calculated to promote
the general interest of the market:
(ix) The expenses incurred in auditing the accounts of the committee:
*1.
(x) With previous sanction of the Government, any other purpose which is calculated
to promote the general interest of the market:
(xi) For the payment of traveling allowance to the members and the employees of the
market committee as prescribed:
*2.
(xii) Arranging agricultural exhibitions, melas, seminars, harvesting and silt cleaning
competitions and awarding prizes, and
(xiii) Defraying expenses for purposes of Clauses (iii) (iv) and (v) of sub Section-(1)
of Section-9.
*21-A.
(1)
Every person shall be liable for the loss, water or Committee of any money or other
property belonging to a Market of the Commissioner in the case of Karachi Market
Committee and the Deputy Commissioner in other cases or any Gazetted Officer Specially
empowered in this behalf by the Provincial Government to be the direct consequence of such
person's neglect or misconduct in the performance of given an opportunity by a written or
oral representation why he should not be required to make good the loss, be surcharged with
the value of such money on the paid within 14-days from the expiry of period of appeal
arrears of Land Revenue.
(2)
The person against whom an order under sub section-(1) us made may within one
month of the notification of such order, appeal to the Commissioner who shall hence the
power of confirming modifying or disallowing the surcharge.
22.
No Trade Allowance Permissible Except As Prescribed By Rules Or Bye-Laws:- No
trade allowance, other than an allowance prescribed by rules of bye-laws made under this act,
shall be made or received in a notified market area by any person in any transaction in
respect of the agricultural produce concerned and no civil court shall, in any suit or
proceeding arising out of any such transaction, recognize, any trade allowance not so
prescribed.
22-A
(1)
The Provincial Government may, by notification direct that all or any of the disputes,
other than disputes to which all the parties are dealers licensed under Section-6, arising in a
notified market area, and relating to such matters connected with agricultural produce as may
be prescribed by the Provincial Government, shall be referred to a Board of Arbitrators
constituted under this Act.
(2)
The Board shall receive and record evidence, and shall have power to administer
oaths to parties and witnesses, and no requisition in writing signed by the Chairman of the
Board, the Magistrate authorized by the District Magistrate in this behalf shall issue the
necessary processes for the attendance of witnesses and the production of document and
material object required by the Board, and may enforce the said processes as if they were
processes for attendance or production before himself.
(3)
No member of the Board, who has a direct interest in the matter under reference shall
take part in the consideration or discussion of or vote on any question with respect to the said
matter.
22-B
(1)
The decision of every Board of Arbitration shall be in accordance with the majority of
votes.
(2)
If there is not a majority of votes in favour of any proposed decision, the opinion of
the Chairman shall prevail.
(3)
The decision of a Board of Arbitration shall:
(a) Be enforced by any Civil Court having jurisdiction in the same manner as a
decree of such Court; and
(b) Be final and shall not be questioned in any Court.
23.
Bar Of Suit In Absence Of Notice:(1)
No suit shall be instituted against any market committee or any member, or employee
therefore or any person acting under the direction of any such committee, member, or
employee for anything done or purporting to be done under this Act, until the expiration of
two months next after a notice in writing, stating the cause relief which he claims, has been in
the case of the committee delivered or left at its office, and in the case of any such member
employee as person as aforesaid delivered to him or left at his office or usual place of adobe,
and plaint shall contain a statement that such notice has been so delivered or left.
"(1-A) Where any such suit is instituted without delivering or leaving such notices as
aforesaid or before the expiration of the said period of two months or where the plaint shall
not be entitled to any costs in settlements as regards the subject matter of the suit is reached
or the committee any member or employee therefore concedes the plaintiff's claim within the
period of two months from the date of the institution of the suit:
Provided that in a Suit instituted without such notice the court shall allow not less
than three months to submit its written statement".
24.
Power To Borrow:(1)
The market committee may, with the previous sanction of the Government raise the
money required for carrying on the purposes for which it is established on the security of any
property vested in and belonging to the market committee and of any fees leviable by the
market committee under this Act.
(2)
A Market committee for the purpose of meeting the initial expenditure of lands,
buildings and required for establishing the 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 on such
conditions, and subject to such rules as may be prescribed.
24-A
(1)
The Director General Bureau of supply and prices may be order in writing annul any
proceeding of a committee or sub-committee which considers not to be in conformity with
law or the rule or bye-laws in force thereunder and may do all things necessary to secure such
conformity, or may suspend any resolution which it considers likely to lead to a breach of the
peace, or to cause injury or annoyance to public or to any class or body of persons, or is
likely to affect adversely the interest of the market committee or of growers or dealers
transacting business in agricultural produce or of any class of functionaries working in the
notified market area concerned.
*1. (2) The commissioner in the cause of Karachi Market Committee and the Deputy
Commissioner in any other case, may by order in writing suspend within the limits of the
district the execution of any resolution or order of a market committee or sub-committee or
prohibit the doing within pursuance of or any act, which is being done or is about to be done
in thereunder. If in his opinion, the resolution order or act is in excess of the injury or
annoyance to the public or to any class or body of person, or is likely to effect adversely the
interests of the produce or of any class of functionaries working in the notified market area
concerned.
*2. (3) When the Commissioner or as the case may be the Deputy Commissioner makes an
order under this section, he shall forthwith forward a copy thereof with a statement of his
reasons for making it and the explanation if any of the market committee concerned to the
D.G. B.S.P. shall continue in force with or without modification, permanently or for such
period as it thinks fit.
25.
Supersession Of Market Committee:(1)
If in the opinion of Government a market committee is incompetent or perform or
persistently makes default in performing the duties imposed on it by or under this Act, or
abuses its powers, the Government may by notification suspended such committee.
Provided that before issuing a notification under sub-section the Government shall
give a reasonable opportunity to market committee for explanations and objections, if any of
the market committee.
(2)
Upon the publication of a notification under sub-section (1) superseding a market
committee the following consequences shall ensue:
(a) All of the members including the chairman and Vice-Chairman of the market
committee shall as from the date of such publications be deemed to have ceased to be
members of the committee.
(b) All assets of the committee shall vest in Government and the Government shall be
liable to all the legal liabilities of the committee existing at the date of its supersession upto
the limit of the said assets.
(3)
The Government may at their discretion by order constitute ether a new committee as
provided under Section-7 or such other authority carrying out the functions of the committee
as the Government may deem fit.
(4)
(a) When the Government have made an order under sub-section (3), the assets and
liabilities defined in sub-section (2) (b) vesting in the Government at the date of such order
shall be deemed to have been transferred on the date of such order to the new committee or
authority constituted as aforesaid.
(b)(i) Where the Government by order under sub-section(3) of the section 25 have
appointed an authority other than a new committee for carrying out of the functions of the
superseded committee the Government may by notification determine the period for which
such authority shall act. Such period shall not be longer than three years, but whereon new
committee has been constituted or succeed the authority, it shall committee has been
constituted to directs, continue to hold office until a new committee is constituted;
Provide that the term of office of such authority may be terminated earlier if the
Government for any reason consider it necessary.
(ii) At the expiry of the term of office of such authority a new committee shall be
constituted.
(iii) Upon such an order being made the assets and liabilities vesting in the authority
thereby superseded be deemed to have been transferred by such order to the new committee.
(5)
Whenever the assets of a committee vest in the Government shall employ the balance
of the assets remaining after the discharge of the utility in the area specified in the
notification issued under the sub-section(1) of section-4.
25-A. Emergency Powers:- If at any time Government are satisfied that a situation has
arisen in which the purposes of this act cannot be carried not in accordance with the
provisions thereof, Government may by notification.
(a) Declare that the functions of the market committee shall to such extent as may be
specified by Government or such person as they may direct; and such notification may
contain such incidental and consequential provisions as may appear to Government to be
necessary or desirable for giving effect to the objects of the notification.
(b) Assume to themselves all or any of the powers vested in or exercisable by any
market committee.
26.
Penalties:*1. (1) Whoever the contravenes the provisions of sub-section (2) of Section-4, Section 4-A
or subsection (1) of Section-6 shall on conviction, be punishable with fine which may extend
to one thousand rupees, but shall not be less than five which may extend to one thousand
rupees, but shall not be less than five thousand rupees and in case of a aforesaid, may extend
to thirty rupees for everyday, after the date of first conviction, during which the contravention
is continued.
*1 (2) Whoever contravenes the provision of sub-section (3) of Section-9, shall on
convocation be punishable with fine which may extend to one hundred rupees but shall not be
less than fifty rupees and in the case of a continuing contravention with a fine which in
addition to such fine as a foresaid may extend to two rupees for every day after the date of
first conviction during which the contravention is continued.
(3)
Whoever contravenes the provisions of Section-22 shall on conviction be punishable
with fine which may extend to two hundred rupees, but shall not be less than one hundred
rupees" and in case of imprisonment for a period not exceeding one month".
27.
Power To Make Rules:(1)
The Government may either generally or specially for any notified market area or area
makes rules consistent with this Act for carrying out all or any of the purposes thereof.
(2)
In particular and without prejudice to the generality of the foregoing power such rules
may provide for:
(i) The appointment and removal of members of market committee.
(ii) The powers to be exercised and the duties to be performed by the market
committees.
(iii) The election of the Chairman and Vice-Chairman of such committee their
powers and term of office.
(iv) The filling of casual vacancies in the office of members or in the office of
Chairman or Vice-Chairman of market committee.
(v) The time place and manner in which a contract between buyer and seller is
to be entered into and the money is to be paid to the seller.
(vi) Generally for the guidance of the market committee.
(vii) Management of the market fees which may be lived by the market
committee in respect of the agricultural produce bought or sold by the disposal
of each fees:
(viii) The issue by a market committee of Licenses to brokers weighmen
measurers surveyors warehousemen the form in which and the conditions
under which such Licenses shall be issued or renewed and the fee to be
charged therefore.
(ix) The place or places at which the agricultural produce shall be weighed the
kind and description of the scale, weights and measures which alone may be
used in transactions agricultural produce in a notified market area.
(x) The inspection, verification, regulation, correction and confiscation of
scales, weights and measures in use in a notified market area.
(xi) The trade allowance, which may be made or received by any person in any
transaction in an agricultural produce in a notified market area.
(xii)
(a) The constitution powers and functions of a Board of Arbitration (the manner
in which reference shall be made to it)
(b) The procedure to be followed by Board of Arbitration in the disposal of
references under this Act.
(c) The transfer of matters and cases from one Board of Arbitrations to another
and the transfer of money in such cases.
(d) The representation in processdings before Board of Arbitration of parties
who are miners or of unsound mind or are unable to make an appearance.
(e) The regulation of the scale of costs which may be allowed in proceeding
before Board of Arbitration.
(f) Prescribing and determining the amount of the fee payable in respect of any
proceedings before Boards of Arbitration and,
(g) The maintenance by Board of Arbitration of registers and inspection of such
registers and records.
(xiii) The prohibitions of Brokers form acting in the same transaction on behalf
of both the buyer and the seller of agricultural produce.
(xiv) The provision of accommodation for storing any agricultural produce
brought into the market.
(xv) The preparation of plans and estimates for works proposed to be
constructed partly or wholly at the expense of market committee, and the grant
of sanction to such plans and estimates.
(xvi) The form in which the accounts of a market committee shall be kept the
audit and publication of such accounts and the charges of any to be made for
such audit.
(xvi-a) The management and regulation of provident funds which may be
established by a market committee for the benefit of its employees.
(xvii) The preparation and submission for sanction of annual Budget and the
reports and returns to be furnished by a market committee.
(xviii) The Investment and disposal of the surplus funds of a market committee.
(xix) The manner in which open auction under section 4-A of agricultural
produce shall be conducted and bid made and accepted in any market and in
case where such agriculture produce is not sold by auction manner in which it
may be sold, may be prescribed by the Committee.
(xx) (Omitted by Act-1 of 1949).
(xxi) Prescribing any matters in respect of which fee shall be payable under this
Act, and fixing the amount of such fees and the mode of payment and recovery
thereof.
(xxii) Exemption of persons or classes of persins form the obligation Licenses
shall be made.
(xxiii) Specifying the authority to which application for obligation of obtaining
Licenses shall be made.
(xxiv) The realization of disposal of fees recoverable under this Act or under
any rules or Bye-laws made under this Act.
(xxv) The travcling expenses that may be paid to the members and employees of
market committee.
(xxvi) The setteling of any question as to whether any person is a grower or not.
(xxvii) The appointment of members of a marketing committee, and:
(xxviii) The submission of a panel by person licensed non-official members of
the district council and persons licensed under Section-6 and 9.
(xxix) Imposing on persons licensed under Section-4, the duty of making returns
to market committee at regular intervals of transactions of sale and purchase
effected by them or at their place of business and of producing accounts for
inspection and furnishing information when called upon by an authority duly
empowered and prescribing the form and mode of verification of and the
particulars to be entered in such returns as well as the nature of such
information.
(xxx) Such other matters as in the opinion of the Provincial Government are
necessary or expedient to be prescribed.
(3)
Any rules under this Section may provide that any contravention thereof or of any of
the conditions of any License issued or renewed thereunder shall be punishable with fine
which may extend to five hundred rupees.
(4)
Omitted vide Section-27 of the agricultural produce market amendment Sindh
ordinance No.XIII of 1980.
28.
Bye-Laws:(1)
Sunject to any rules made by the Government under Section-27, a market committee
may in respect of the notified market area under its management, make bye-laws for:
(i) The regulation of business.
(ii) The conditions of trading.
(iii) The appointment and punishment of its employees and
(iv) The payment of salaries, gratuity, pension, Leave, compassionate and
medical allowances to such employees.
(v) The delegation of power duties and functions of the sub-committees if any
provided by Section-15.
(vi) The remuneration of different functionaries not specifically mentioned in
the Act working in the notified market area and rendering any service in
connection with the sale or purchase of agricultural produce and.
(vii) Such other matters as in the option of the Provincial Government as
necessary or expedient to be provided for in Bye-laws, and may provide that
contravention thereof shall be punishable on conviction, by a competent
Magistrate with a fine which may extend to five hundred rupees.
(2)
The power to make Bye-laws under this Act is subject to the condition of the Byelaws being made after the previous publication, in such manner as may be prescribed.
(3)
No Bye-laws under this Act shall have any validity until and unless it is confirmed by
the Provincial Government.
(4)
Before confirming any such Bye-laws the Provincial Government may modify it.
(5)
The Provincial Government may cancel their confirmation of any such Bye-laws and
there upon the Bye-laws shall cease to have effect.
28-A. All rules and Bye-laws made and (when confirmation is required) confirmed under
this Act shall be published in the official Gazette and shall thereupon have effect as if enacted
in this Act.
29.
Trial Of Offences:*1 (1) No offence made punishable by this Act or any rule or Bye-laws made thereunder
shall be tried by a Court inferior to that of Magistrate of the First Class of the concerned area
or bye a Court of Mobile Magistrate of any area by holding summary proceedings.
(2)
Prosecutions under this Act, may be instituted by a person duly authorized by a
resolution of the market committee in this behalf.
(3)
All fines received from an offender shall be paid to the Provincial revenues and grant
equivalent to such fines shall be paid to the market committee.
30.
Appeals:- The market committee may by a resolution, compound any offence under
the Act the rules or bye-laws and may exercise this power at any time before directing
prosecution, or where a prosecution has been instituted before the case is finally disposed of
by trying Magistrate.
31.
Recovery Of Sums Due To Government From Market Committee:- All sums due from
a market committee to the Government may be recovered in the same manner as arrears of
Land Revenue.
32.
Delegation Of Certain Powers:- Government may by notification delegate all or any
of its powers under this Act, =other than the power to make rules, to the Director General
Bureau of Supply and Prices Sind.
33. (1) The following enactments are hereby repealed.
(a) The Northwest Frontier Province Agricultural Produce Market Act, 1939.
(b) The Sind Agricultural Produce Market Act, 1940, and:
(c) The Bahawalpur Agricultural Produce Market Act, 1947.
(2)
Notwithstanding the repeal of the enactments specified in subsection (1), everything
done, action taken, obligation, liability, penalty or punishment incurred, License granted,
inquiry or proceeding commenced committee provisions of the person appointed or
authorized, jurisdiction or power of the provisions of the said enactments, shall if not inconsistent with provisions of this act, be continued and so far as may be, be deemed to have
been respectively done, taken, incurred, granted, commenced, appointed, authorized,
conferred, made or issued under this Act.
33-A. Dissolution:(1)
Government may after inviting objections from Public dissolve by notification in the
Official Gazette any market committee from such date as may be specified in the
Notification.
(2)
From the said date all properties funds and dues which were immediately before the
said date vested in or realizable by the Market committee shall vest in and realizable by
Government or such authority as may be specified in the said notification, and all liabilities
which immediately before the said date were enforceable against the market committee shall
be assumed by and be enforceable against, Government or the aforesaid authority, as the case
may be.
34.
Where any time land is acquired by a market committee for carrying out any of its
functions under this Act, it shall be acquired under the land Acquisition Act, 1894, and
market committee shall with the prior approval of the Director General Bureau of Supply and
Prices, move the Government for acquisition of Land.
"SCHEDULE"
(See clause (a) of Section-2)
AGRICULRURAL PRODUCE
CEREALS:
Wheat, Maida, Suji, Dalya, Barley, Paddy, Rice, Husk, Maize, Maizecobs(green and
dry), Jowar, Bajra-Atta and Starch.
FIBERS:
Cotton unginned(Phutty), Lint(Cotton) and Jute fibre.
SUGAR:
Sugarcane, Sugarcane-juice, Gur, Shakkar, Molasses, Sugar desi and refined.
OIL SEEDS:
Cotton seed, linseed, Sarsoon, Tays, Taramire, Til, Palm, Soyabean, Sun-flower,
Ground nut, Caster, Coconut, their oils and oil cakes.
PULSES:
Mung, Masoor, Mash Matter Moth, Gram, Beans, Arthar, Gowar and others, whole
and split.
FODDERS:
Senji, Lucern, Berseem, Bajra, Jawar other than Bajradry, Maize, Paddy Straw(Palal),
Barley, Wheat, Jawi, Swank, Oats and Ajwan, (green and dry) and the seeds.
FRUITS AND VEGETABLES:
All kinds of fruits (fresh and dry), dates fresh, date dry and chohara.
CONDIMENTS:
Chilies, Coriander, Fennel(Saunf), Garlic(green and dry) and other.
TOBACCO:
Tobacco-leaves, tobacco crude.
MEHNDI:
Leaves and Powder.
LIVESTOCK AND POULTRY:
Goats, Sheep and Cow(Milch or graugh), Buffaloes, Camels, and horses.
LIVESTOCK PRODUCTS:
Beef, Mutton, Hides and skin (dry and wet).
MISCELLANEOUS:
Fish (Fresh and Dry).
AGRICULTURAL
PRODUCE MARKETS
RULES, 1940
1.
(1)
(2)
Short Title:These rules may be called the Agricultural Produce MArkets Rules, 1940.
They shall extend to the whole of West Pakistan except the Tribal Areas.
(i) The "Act" means the Agricultural Produce Markets Act, 1939.
*1
(i-a) Assistant Director means the Assistant Director, Bureau of Supply and Prices,
Sind.
(i-b) 'Board' means the Board of Arbitrators referred to scection 22-A.
(ii) "Broker" means a person (not being a private servant usually employed on
commission to enter into contract on behalf of others for the purchase or sale of
agricultural produce.
Explanation: Any person employed to purchase or sale of agricultural produce on account of
another whether remunerated by fees, commission or otherwise will not be treated as a broker
within the meanning of the rule provided that he is employed by one person or one firm only
and does not work for or demand fee from any other person or firm.
(iii) "Buyer" includes a person buying any agriculture produceon behalf of another as
his agent or servant or as a commission agent.
(iv) "Bye-laws" means 2 bye-law made by a market committee under Section- 28, of
the Act.
*2.
(iv-a) "Chairman" means Chairman of the Markey Committee.
(v) "Commission agent" means a person who on behalf of another and in
consideration of a commission, makes or offers to make a purchase or sale of any
agricultural produce or does or offer to do anything for carrying out such purchase or
sale.
(vi) "Deputy Commissioner" means the Deputy Commissioner of the district within
the boundaries of which the notified market area concerned is situated.
Provided that if the area covered by a notified market area falls with more
districts than one, the Provincial Government shall in the notification declaring the market
area determine which of the Deputy Commissioner is to be considered as the Deputy
Commissioner for the purpose of these rules.
*1.
(vi-a) "Deputy Director" means the Deputy director of the Bureau of Supply and
Prices, Sind.
(vi-b) "Director General" means the Director General of the Bureau of supply and
Prices Sind.
(vi-c) "Form" means a form appended to these rules.
(vi-d) "Member" means a member of the Market Committee.
(vi-e) "Schedule" means the Schedule of these rules.
(vi-f) "Secretary" means the Secretary of the Market Committee.
(vii) "Seller" includes a person selling agricultural produce on behalf of another as his
agent or servant or as a Commission agent.
(viii) "Unauthorized trade Allowance" means any trade allowance not allowed by the
bye-laws of a market Committee and.
(ix) "Vice-Chairman" means the Vice-Chairman of the Market Committee.
3.
Publication Of Notification Under Section-4:-
*2
The Notification under section-4 shall be given wide publicity by the Assistant
Director in one or more of the following manner.
(i) Bye affixing the copy of the Notification or its Urdu or Sindhi translation at a
conspicuous place of his office, the concerned council or any other place.
(ii) By beat of drums in the area concerned and at such other place or places as may
be considered necessary.
4.
Expenses Of a Notification:- The expenses of the publication of a notification issued
under section-4 of the Act shall be met out of Government Funds.
5.
Market How To Be Notified:- A market established in a notified market area shall be
notified as under.
(a) By putting up a notice, giving the boundaries of the market outside the office, if
any of the market committee or if there be no such office in some conspicuous place
in the market to be selected by the chairman of the Market Committee concerned.
(b) By beat of drum in the market and in such other place or places and at such time
or times as may be determined by the Chairman of the market committee concerned.
(2)
The expenses of notifying a market shall be met out of the funds of the market
committee concerned.
6.
(1)
Licenses To Dealers:Any person desirous of obtaining a License under Section-6.
(a) For setting up, establishing or continuing or allowing to continue any place for the
purchase and or sale of agricultural produce in the notified area or.
(b) As a seller or buyer or both buyer or seller of agricultural produce, shall apply to
the Market Committee concerned in Form 'A' given in the schedule.
(2)
The Secretary or any other employee of a Market Committee authorized by him to
receive such applications shall immediately examine the particulars of the applications and
satisfy himself whether the applicant fulfills the requirements of the sub-section-(2) of
section-6.
(3)
After verification, the applications shall be forwarded to the market committee for
orders.
(4)
If the application is granted, the applicant shall be called upon to deposit the fee
mentioned in the schedule.
(5)
A License under Section-6, shall be issued or renewed:
(i) For a period of one financial year.
(ii) In form-B.
(iii) On the payment of fees, specified in the schedule.
(iv) On the condition specified in form-B.
(6)
Full fees shall be paid for a License for any part of the year.
7.
Person Exempt From Taking out Licenses:(1)
The following persons shall be exempted from taking out a License for the purchase
of agricultural produce.
(a) Confectioners and other purveyors of parched, fried or cooked food.
(b) Oil-Pressers using Pakistani machines called Kohlus.
(c) Hawkers and petty retail shopkeepers who do not engage any dealing in
agricultural produce other than such hawking or retail sales, and.
NOTE: For the purpose of this clause of dealer whose turnover of agricultural
produce does not exceed Rs. 750 in any month of the year or Rs 5,000 during the year for
which exemption is claimed, shall be treated as a petty shopkeeper, and the decision of the
Deputy Commissioner with regard to such turnover shall be final for all proceedings under
the Act.
(d) Persons who have taken out license under the Punjab Tobacco Vend Fees Act and
deal exclusively in tobacco.
Provided that in the case of Clauses (a) and (b) the purchase is made for making
the vocational needs of the persons concerned.
(2)
The following shall be exempted from taking out a licenec for the sale of agricultural
produce.
(a) Scheduled banks when proceeding against any agricultural produce belonging to a
person or Licenses under Section-6 of the Act to whom money has been advanced
against the security of such agricultural produce.
(b) Hawkers and petty retail shopkeepers as defined under sub-rule(1) do not engage
to any dealing in agricultural produce other than such hawking or retail sales.
(c) Persons who have taken out Licenses under the Punjab Tobacco Vend Fees Act
and deal Exclusively in tobacco.
8.
Constitution of a Market Committee:(1)
For the purpose of constituting a Market Committee, Government may require the
Commissioner in the case of the Karachi Market Committee and the Deputy Commissioner,
in any othercase to submit by the specified date, separate panel of growers, consumers and
persons specified in sub-section (3) of section-8 and such panel shall contain the names at
least equal to twice the number of the vacancies to be filled in each category.
*1. (2) The panel in respect of growers and consumers shall be finalized in consultation with
their respective associations, if any and the representative of the Bureau of supply and prices.
(3)
Government may specify the date from which a Market Committee is to function and
this date will be given wide publicity amongst the general public of the notified area
concerned."
9.
Persons Not Eligible For Membership:- No person shall be eligible for appointment
as a member if he:
(a) Is a minor or
(b) Is of unsound mind or
(c) Is declared insolvent or
(d) Has been sentenced for an offence involving moral turpitude and a period of five
years has not elapsed from the date of expiration of the period of sentence or
(e) Is an employee of the Market Committee or has directly or indirectly any share or
interest in any contract with the Market Committee.
10.
(1)
Termination Of Membership And Filling Of Casual Vacancies:Membership is a Market Committee shall terminate.
(a) When the term for which the appointment had been made expires or
(b) By death or
(c) By acceptance of resignation tendered under sub-rule(2) or
(d) By becoming subject to any of the disqualifications mentioned in Clauses of rule
9 above or
(e) By removal under the orders of the Government passed under the Act.
(f) If the member appointed under the sub-section (2) of section-8, ceases to be
salaried servant.
(g) If a member fails to attend three meetings of the market committee consecutively
without prior permission or intimation
(2)
Any member of a market committee may resign his office by tendering resignation in
writing to the chairman and if the member tendering resignation is himself the chairman he
shall submit it to the Deputy Commissioner.
Provided that if no chairman has been elected or if the elected chairman is not
performing the duties of his office a member other than the chairman may submit his
resignation to the Deputy Commissioner.
(3)
So long as a resignation tendered under sub-rule (2) above is not accepted the person
concerned shall continue as member.
(4)
Every resignation received by a chairman shall along with report of the facts in so fair
as these may be known to him forthwith be sent to the Deputy Commissioner who shall with
the least possible delay forward the same with necessary comments to the Government.
(5)
The acceptance of resignation of a member shall be notified to the Deputy
Commissioner who shall forthwith communicate to the Market Committee and the member
concerned.
(6)
The procedure prescribed in Rule 8 shall so far as it may be applicable apply to the
filling up of a casual vacancy and the member appointed shall be presumed to have entered
upon his duties from the date of the publication of the notification under sub-rule (4) of Rule8.
11.
Election Of Chairman And Vice-Chairman Of a Market Committee:1. "(1) A Market Committee in its first meeting shall elect a Chairman and Vice-Chairman.
2. (1-A)
The meeting shall be called under the orders of the Commissioner in the case
of the Karachi Market Committee of the Deputy Commissioner in any other case on a date
and at a time to be fixed by him, and shall be presided over by the Commissioner or as the
case may be, the Deputy Commissioner or by such officer not below the rank of Mukhtiarkar
in this behalf.
(2)
For such meeting the quorum shall be not less than two-third of the existing strength
of the Market Committee.
Provided that if a meeting called under this rule cannot bo held for want of a quorum,
no quorum shall be necessary at the next meeting called for transacting the same business.
(3)
A candidate for the office of the Chairman or Vice-Chairman shall be proposed in the
meeting by one member and seconded by another, and the names of all candidates so
proposed and seconded shall be read out by the President of the meeting.
(4)
If there be only one candidate he shall be declared elected but if there be more
candidates, the decision shall be by votes of the members present in the meeting which shall
be recorded by show of hands, and shall be declared by the President.
(5)
The President shall count the votes and declare the member who secures the largest
number of votes to have been elected Chairman, or Vice-Chairman as the case may be.
(6)
In the event of tie between two or more candidates the President shall there and then
draw lots in the presence of the members present and the person whose name is drawn first
shall be declared elected.
*(7) The Chairman and the Vice-Chairman shall be deemed to have assumed office when
their election has been confirmed by the Commissioner and the Deputy Commissioner in any
other cases and this fact has been communicated to them in writing and where the
Commissioner or as the case may be the Deputy Commissioner refuses to confirm any
election a fresh election in accordance with these rules shall be held.
*(8) The president of the meeting shall record the proceedings of the election in the minute
book of the market committee and send a copy thereof to the Director General and the
Commissioner in any other case.
*(9) "No member shall be elected as Chairman for more than two consecutive terms.
12.
Term Of Office Of And Filling Of Casual Vacancies In The Office Of Chairman And
Vice-Chairman:(1)
Deleted.
(2)
A Chairman and a Vice-Chairman shall cease to function as such.
(a) On the termination of membership or
(b) On resignation in writing being accepted by the Commissioner in the case of the
Karachi
Market Committee and the Deputy Commissioner in any other case.
Provided that a Chairman or Vice-Chairman shall unless otherwise directed by
Government continue to hold office until his successor is appointed.
(3)
A vacancy in the office of a Chairman or Vice-Chairman before the expiry of the full
term shall be filled by election at a meeting of the market committee, summoned, presided
over and conducted in accordance with the rule for the transaction of the ordinary business.
13.
Duties And Powers Of a Chairman and Vice-Chairman:(1)
The Chairman shall be the chief executive officer of the market committee and all
officers and servants of the market committee shall subject to these Rules and bye-laws if any
made in this respect by the market committee be subjected to his control.
(2)
The Chairman shall conduct all correspondence and be responsible of the keeping of
accounts and for the safe custody of all moneys not deposited in accordance with rule-37.
(3)
The Chairman shall forthwith report the death of any member of the market
committee to the Deputy Commissioner who shall take steps to get the vacancy fillied up in
accordance with law.
(4)
The Chairman shall furthermore bring to the notice of the Deputy Commissioner any
fact, which in his opinion debar a member from continuing as such.
(5)
The Chairman may for reasons to be recorded in writing, delegate any of his duties to
the Vice-Chairman generally or for such period as my be determined by him.
Provided that if the Chairman is absent from the notified market area or on account of
illness or other circumstances is unable to perform his duties the Vice-Chairman shall act for
the Chairman, and he shall while so acting have all the powers of and be responsible for all
the suites of the Chairman.
14.
Presidency of Market Committee meeting and Transaction of Business:(1)
A meeting of a market committee shall, subject to any bye-law made by the market
committee, be called under the orders of the Chairman.
(2)
The quorum for a meeting, not otherwise provided for in these rules shall be right in a
committee of eighteen and four in a committee of ten.
(3)
The quorum of a meeting in which the annual budget is to be considered shall be not
less than two-third of the existing strength of the market committee.
(4)
If a meeting called under these rules cannot be held for want of quorum, no quorum
shall be necessary at the next meeting called transacting the same business.
(5)
Every meeting of a market committee shall be presided over by the Chairman or in his
absence by the Vice-Chairman but if both are absent the meeting shall elect one of the other
members present to act as Chairman for the occasion and such chairman shall have for that
meeting all the powers of a Chairman and be designated as such.
Provided that f the Chairman or the Vice-Chairman returns during meeting he shall
resume his powers as Chairman from the temporary Chairman.
(6)
The Chairman of the meeting shall be responsible for preserving order in the meeting
and shall decide all points of orders that may be raised therein. There shall be no discussion
on points of orders unless the Chairman considers it Chairman's decision shall be final.
(7)
All questions that may come up before a meeting shall be decided in accordance with
the votes of the majority of the members present and in case of equality of votes the
Chairman shall have and may exercise a second or casting vote.
15.
Members Not To Take Part In Certain Proceedings:- No member in any proceeding
of the market committee or f any sub-committee constituted by relating to matter in which he
or any one of the persons enumerated in Rule-41(2) has a direct or indirect pecuniary interest.
16.
Minute Book:(1)
A Market Committee shall maintain a minute book in which the record of the
proceedings of every meeting shall be entered by or under the direction and supervision of
the meeting and shall be signed by him.
(2)
In order to ensure that the minute of a meeting are correctly recorded these shall be
read out in the next meeting of the market committee as the first item of the agenda and
members who were present at the former meeting shall have the right of questioning the
correctness of the recorded minute, which shall be confirmed with such modification as may
be decided upon to bring them in conformity with effect. In case of any dispute about the
correctness of the minutes the opinion of the chairman under whose signature the record was
made if he is present shall be final. If however, the said chairman be not present when the
dispute arises, the matter shall be decided in accordance with the majority votes of the
members who had attended the former meeting and are present.
17.
Submission Of Copies Of Proceeding:- *A copy of the proceeding of every meeting
of a market committee shall be forwarded to the Director General and the Commissioner in
the case of Karachi Market Committee and the Deputy Commissioner in any other case for
maintaining record and appropriate action if any.
18
Appointment Of Sub-Committee:(1)
A Sub-Committee appointed under section-15 of the Act may be for the full term of
the Market Committee or for shorter fixed period. The appointment and dismissal of
members of a sub-committee and delegation and withdrawal of powers and duties shall be by
resolution of the market committee.
(2)
The Market Committee shall fix the quorum of the meeting of the sub-committee
appointed by it and shall nominate its chairman who except as provided in sub-rule(5) of
rule-19 shall be the convener of the meetings of the sub-committee and shall submit a record
of the work done by the sub-committee to the Chairman of the market committee.
(3)
The rule of procedure applicable to the meeting of a market committee shall in so far
as this be applicable apply to the meeting of a sub-committee.
19.
Appeals Against Market Committee's Decision:(1)* Any person aggrieved by an order passed by a market committee other than the orders
in service matters and under sub-section (3) of Section-6, may at any time within thirty days
of the order, appeal to the Commissioner in case of the Karachi Market Committee and the
Deputy Commissioner in any other case.
(2)
Except as may be otherwise provided by these rules every appeal shall be stamped
with a court fee of rupees five.
(3)
Every appeal shall be presented to the appellate authority by the appellant to his duly
appointed agent within thirty days of the date of the order appealed against it shall be
accompanied by a copy of such order and shall set out the grounds of attack together with a
clearly the names and full description of the appellant who shall duly sign the memorandum
and verify the correctness of the fact stated therein.
(4)
The appeal shall be decided after notice to and hearing if they so desire the appellant
the market committee concerned and the person at whose instance or in whose favour the
order under appeal had been made and the persons after making such enquiry as the appellate
authority may consider necessary.
*(5) Deleted.
20.
References:- All references firm a Market Committee to any office of the Government
shall be made through the head of the department or office concerned.
21.
Powers And Duties Of Market Committee:(1)
A Market Committee shall draw up and may as occasion arises amend its bye-laws
under Section 28 of the Act regular its own procedure and effectively to discharge its
functions. Subject to the Provisions of the Act and these Rules, the Bye-laws shall inter alias
prescribe:
(a) The time and place of the meeting of the market committee.
(b) The manner of convening a meeting and giving notice therefore.
(c) The conduct of proceeding at a meeting.
(d) The distribution of duties among members of the market committee and its subcommittee.
(e) Payment of traveling expenses to members of the Market Committee provided that
no bye-law made under these sub rules shall brought into operations unless and until
the Director General or any officer authorized by him in this behalf certifies that the
committee financial position permits the grant of such traveling expenses.
(f) The persons by whom receipts may be granted on behalf of the Market Committee
for money paid to it.
(g) The member or members of the Market Committee by whom Licenses to be issued
by it may be signed.
(h) The procedure for the reception, hearing and disposal of complaints by the Market
Committee or by its sub-committee.
(i) Fees for the grant and renewal of Licenses under rule-23 (1).
(j) Fees to be levied by it in connection with transaction relating to the purchase and
sale of an agricultural produce or for weighment, measurement or storage of such
produce through its agency.
(k) Security to be furnished by the officers and servants of the Market Committee
entitled to handle money on its behalf.
(l) The regulation of the duties of persons holding Licenses from the market
committee and the fees trade allowances or remuneration to be charged by them or by
dealers.
(m) The leasing out or other management of the immovable property owned by or
vesting in the market committee.
(n) The regulation of traffic in a market.
(o) Hours of business for the purchase or sale of agricultural produce in a market.
(p) Rules regarding impress money to be kept under the control of the chairman of the
Market Committee.
(q) The manner of checking weights measurers and scale in use in the market area, of
stamping weights and measurers found incorrect and of issuing certificates in respect
of scales found to be correct.
(r) Any other matter for the guidance of the members officers and servants of the
Market Committee for the purposes of carrying out the precisions and objects of the
Act and these rules, and.
(s) The administration of the market property.
(t) For establishment of Masjid, Musafirkhana, Shade, Shelter, Drinking water,
Truck/Vehicle and Cycle Parking.
(u) For establishment and maintenance of Library.
*2.
Byelaws framed by a market committee or amendment thereof be displayed for one
week at a prominent place in the notified market are to be selected by the Market Committee.
*3.
Any objection in writing received by the Market Committee in ten days of the display
of the byelaws shall be considered at a meeting of Market Committee and Byelaws as finally
approved shall be submitted to the Director General who may forward the same of
Government with his recommendation for approval or may remit the same for the
reconsideration of Market Committee on the lines indicated by him.
*4.
The Market Committee after making such modifications as it may consider necessary
shall resubmit the byelaws to the Director General who shall submit the same to the
Government.
*5.
The Government may confirm the byelaws with such modification as it may consider
necessary.
22.
Control And Conservancy Of The Market:(1)
A Market Committee shall exercise such control over the market and the sale and
purchase of Agricultural produce therein as may be required for the due observation of the
provisions of the Act and these rules and shall manage the market in the best interest of the
trade.
(2)
A Market Committee shall as far as the funds at its disposal permit provide shelter
and drinking water for men and animals coming to the market. It shall keep all property
vested in it in a sanitary condition.
(3)
A Market Committee may and if so required by the Government shall make a general
order providing for the regulation of the ingress and aggress of traffic in the market and
specifying places where vehicle shall be loaded and parked and where animals shall be
unloaded and tethered. For the information of person’s visiting the market such an order shall
be the information outside the office of the Market Committee and at such conspicuous place
or places in the market as the Chairman of committee may determine.
23.
Licenses To Brokers, Weighmen, Surveyors and Warehousemen:(1)
Subject to the provision made under the sub-rule (4) a Market Committee may grant
Licenses to persons who apply for the same to work in the notified market area as Brokers,
Weighmen, Measurers Surveyors or Warehousemen, Changers, Palladars, Boriottas and
Rolas.
(1-A) An application for the grant of a License in Form "D" and the License in Form "E"
which shall be subject to the conditions specified in Form "E".
(1-AA)
Where the Licenses is a firm, any change occurring in the membership of such
firm otherwise than through inheritance shall mean the constitution of new firm and shall
necessitate a fresh License.
Provided that in a case of Hindu Joint Family Firm any addition on account of the
birth of any male membership of the firm.
(2)
Where a change not necessitating a fresh License, taken place in the membership of
the firm intimation thereof shall within two weeks from the date to such change be given to
the Market Committee concerned who if satisfied after such enquiry as it may consider
necessary, about the correctness of such intimation shall order necessary correction to be
made in the License and the register in Form "K" shall also be corrected.
(3)
Where a License firm changes its name without any change in its membership, it shall
within two weeks, from the date on which such change is effected give intimation thereof to
the Market Committee who if satisfied after such enquiry as it may consider necessary about
the correctness of such the register in Form "K" shall also be corrected.
(4)
If in a case covered by sub-rule (2) or (3) the license Firm fails to give necessary
intimation to the Market Committee the change in the membership of the name of the firm as
the case may be shall be presumed to constitute a new Firm.
*(5) Fees for grant or renewal of a License granted under sub-rule (1) shall be specified in
the Schedule".
Provided that in the case of Weighmen, Measurers, Changers, Palledars, Boriottas and
Rolas the fees shall not exceeds Rs. 1.00 annually.
*(6) Deleted.
(7)
While suspending or canceling a License a market committee may order that the
license concerned shall not be entitled to the renewal of such License or the grant of a new
one for such period not exceeding six months as it may consider expedient.
(8)
No Broker shall advance money for the purchase of or have in his possession the
document of title relating to an agricultural produce in connection with which he is employed
as Broker.
*(9) Any person who is granted a License under sub-rule(1) shall be bound to supply any
information required by the Market Committee with regard to the agricultural produce
bought, sold, stored or processed by him.
(10) A License under this rule shall be issued or renewed for a financial year.
23-A. Except as hereinafter provided no person shall at the same time hold a dealer’s license
under, Section-9, or hold licenses under Section-9 to act as a functionary in more than one
capacity, provided that license as dealer and warehousman weighman’s license may work
there under as measurer and vice versa.
24.
Books to be Kept by Licensed Brokers and Warehousman:- Every Broker and every
warehousman licensed under these rules shall.
(a) Keep such books in such form as the market committee granting the license may
from time to time prescribes by its bye-laws.
(b) Render such books in such form as the market committee prescribe, and
(c) Render such assistance as my be required by the market committee, in the
collection of fees due under the Act, or under these rules or bye-laws made
thereunder, in preventing evasions of payment thereof, and generally in the
prevention of breaches of the Act of these rules or of any Bye-laws made
thereunder.
25.
Licensed Weighmen, Measurers, Surveyors, etc. to Wear Badges:-
*(1) All Licensed Changers, Palladars, Boriottas, Rolas, Weighman, Measurers, Surveyors
shall be supplied with badges, bearing, serial number.
(2)
The Badges shall be of such pattern as may be approved by the market committee.
(3)
No Licensed Changer, Palladar, Boriotta, Rola, Weighman, Measurer and Surveyors
shall act as such in a notified market area without wearing the Badge.
(4)
A payment of not exceeding rupees twenty, as may be fixed by the market committee
to cover the cost Badge shall be charged from every licensee, Changer, Palladar, Boriotta,
Rola, Weighman, Measurers or Surveyor before the grant of Badge to him.
*(5) On the expiry, suspension or cancellation of the license the Badge shall be returned to
the market committee.
26.
Fees for Licenses and other Functionaries:- A Licensed dealer when acting as a
Commission Agent, Broker, Weighman, Measurer, Surveyor or Warehousman, or any other
functionary whether licensed or not shall not in respect of Service rendered by him in
connection with the purchase and sale of Agricultural Produce, receive from the person
employing him a higher remuneration than that prescribed by the Byelaws of the market
committee concerned. Where agricultural produce is bought or sold through the agency of the
commission agent (commonly known as a Pucca Artia) who humself is an intermediate
owner in the course of a transaction of a transaction such commission agent shall charge
remuneration in respect either of the purchase of or the sale but not in respect of both.
Provided that in the absent of any agreement to the contrary, the fees chargeable by a
Weighman, Measurer or Surveyor shall be payable by the buyer and seeler in equal share.
27.
Employing a Broker:-
(1)
No person shall, in the absence of any express agreement be bound to employ a
broker in the transaction, or be required to pay for a broker employed by any other party to
the transaction, or to pay for a broker when non has been employed.
(1-a)
Where any person enter into any transaction for the purchase or sale of any
agricultural produce through a commission agent, and the commission agent, without
a written authority from his principal, employs a broker in connection with such
transaction, the broker’s remuneration shall be payable, by and may be paid out of the
remuneration due to, such commission agent.
(2-a)
The same person shall not act as a broker both for the buyer and the seller of an
agricultural produce in the same transaction.
28.
Employment of Auctioneers:-
(1)
A seller may make an application in Form ‘F’ for the sale of an agricultural produce
belonging to him by auction in a market. Such application shall be given a monthly serial
number and shall, after the auction, be preserved in the office of the market committee for
three years from the date of auction.
(2)
A market committee may employ on such terms as may be fixed by it, one or more
auctioneers for the sale by auction of any agricultural produce.
(3)
Such auction of agricultural produce shall be held at such place or places in the
market as may be fixed by the market committee.
(4)
Bids made at the auction shall be recorded by the auctioneer in Form-‘G’.
(5)
The Auctioneers shall conduct the auction on terms as to the payment of price as set
out in Rule-28-A, which shall be made known to the prospective bidders before the auction is
held.
(6)
After the sale is completed, the auction from duly completed shall be forwarded by
the auctioneer to the market committee, by whom it shall be preserved for three years.
28-A. Payment of Sale Price:- In the absence of any written agreement to the contrary the
sale price of Agricultural produce purchased or sold under these rules shall be paid on
delivery.
28-B. Execution of Memorandum Form:- On the completion of the transaction liable to the
levy of a fee the buyer shall immediately execute a memorandum in Form-H. The foil of the
memorandum shall be given to the seller and the counter foil retained by the buyer.
28-C.
(1)
In case any agricultural produce cannot be sold by open auction due to local
conditions, the market committee may pass Resolution to transact the sale of such
agricultural produce through private agreement between the transacting parties or on the basis
of price through Assistant Director of the Bureau of Supply and Prices, Sind, of the district
for examination and sanction thereof.
(2)
The market committee shall see that the mode of sale adopted for sale otherwise than
by open auction may not be detrimental to the interest of the grower at the time of fixation of
price of agricultural produce.
(3)
The record of such transaction as indicated in sub-rule (1) may be kept in Form (F) as
prescribed for open auction.
29.
Levy and Collection of Fees on the Sale and Purchase of the Agricultural Produce:-
(1)
Directed.
(2)
Fees prescribed under sub-rule (11) shall be leviable as soon as an agricultural
produce is bought or sold by a licensee. In case the buyer or the seller are both licensee the
fee shall be paid by them is a licensee.
Provided that in the case of a transaction liable to the imposition of a fee, entering
into by a katcha arthia directly on behalf of a grower the whole fee shall be payable by the
licensee buyer and the katcha arthia shall not be liable for any portion of it.
Provided also that for the purposes of these rules buyers and sellers not being hawkers
or petty retail dealers within the meaning of rules exempted under Rule-7 from taking
licenses shall be considered licensee.
(3)
It shall be the duty of a licensee, liable to the payment of any fee in connection with
the sale or purchase of any agricultural produce, to pay the same to the market committee.
(4)
The market fee shall be paid to the market committee or a paid officer duly authorized
to receive such payment, on the day of the transaction or the following day.
Provided that in special cases of hardship, the Chairman of the market committee
may, by an order in writing, extend this period upto not more than seven days, from the day
of the transaction.
(5)
A receipt in Form ‘I’ shall forthwith be granted to the person making payment in
respect of any fee paid under these rules.
(6)
Every Officer or servant employed by the market committee for the collection of fees
shall be supplied, out of its fund, with a standard uniform and a badge of office in such form
as may be prescribed by the market committee. The standard uniform shall be worn by all
such employees discharging their duties.
(7)
Every such officer or servant shall before entering on his duties furnish such security
as may be prescribed by the Bye-laws of the market committee concerned.
(8)
Every person authorized to collect fee shall be provided receipt book in Form-‘I’ with
a Counter Foil and a Locked Money Box.
*(8-a) The key of the Box shall remain with the Chairman or under his written order with the
Secretary.
(8-b) The Box shall be opened daily in the evening at a fixed time in the office at the
market committee by the Secretary and the money contained therein shall be counted in the
presence of the person authorized by the Chairman.
(8-c) The person in whose presence the money is counted shall be responsible for
comparing the receipts with the amount actually received and for giving a Certificate to this
effect over his dated signature on the back of last counter foil.
(9)
For the purpose of this Rule Agricultural produce shall be deemed to have been
bought or sold in a notified area.
(a) If the agreement of sale or purchase thereof is entered into in the said area, or
(b) If in the pursuance of the agreement of sale or purchase the Agricultural produce
is weighed in the said area, or
(c) If in the pursuance of the agreement of sale or purchase the Agricultural produce is
delivered in the said area to the purchaser or to some other person on behalf of the
purchaser.
(10) If in the case of any transaction any two or more of the acts mentioned in the sub-rule
(9) have been performed within the boundaries of two or more notified market areas the
market fee shall be payable to the market committee within whose jurisdiction the
Agricultural produce is delivered as provided by clause (c) of sub-rule (9).
*(11) There shall be charged a market fee by all market committee on the Agricultural
Produce brought to the market, at the following rate:
(i) Wheat, Maida, Suji, Dalya, Barley, Padday, Rice, Rice Hursh, Maize, Maize Cobs
(green & Dry) Jower, Bajira, Bajira Atta and Starch at Rs. 0.40. per 50 Kgs.
(ii) Cotton unginned (phutty) lint cotton and Jute Fibre Rs. 0.50 Kgs.
(iii) Sugar cane, Sugar cane Juice, Molasses, Rs. 0.25 per 50 Kgs.
(iv) Sugar (refined), Gur, Shakkar Desi, Rs. 0.40. per 50 Kgs.
(v) Cotton seed, Linseed, Sarson, Rayi, Taramire, Til, Palm, Soya-Bean, Sunflower,
Groundnut, Castror, Coconut, their Oils, and Oil Cake Rs. 0.50 per50 Kgs.
(vi) Moong, Masoor, Mash, Mattar, Moth, Gram, Bean, Arhar, Gowand other, whole
and split, Rs. 0.50. per 50 Kgs.
(vii) Senji, Lueen, Shaftal, Berseem, Bajra, other than dry, dry Kabi, Maize, Barley,
Wheat, Javi, Methia, Swank, Oats and Ajwan, Jawar, Green dry and seeds Rice Straw
(Palal) Rs. 0.25 per 50 Kgs.
(viii) All kinds of Fruits (fresh) vegetable (fresh & dry) and Dates (fresh & dry) and
Chohara Rs. 0.30 per 50 Kgs.
(ix) Chillies, Coriander, Fennel (Saunf) Garlic, (fresh & dry) and other Rs. 0.50 per
50 Kgs.
(x) Tobacco leaves and crude, Rs. 0.50 per 50 Kgs.
(xi) Mehndi leaves and powder, Rs. 0.50 per 50 Kgs.
(xii) Goats, Rs. 2/- per head, Sheep Rs. 2/- per head, Cows, Rs. 5/- per head, Buffalo,
Rs. 7/- per head Camels, Rs. 10/- per head Horse Rs. 10/- per head.
(xiii) Hide Rs. 0.50 per piece.
(xiv) Skin Rs. 0.25 per piece.
(xv) Mutton and beef, Rs. 1/- per 50 Kgs.
(xvi) Fish (fresh and dry) Rs. 0.50 per 50 Kgs.
Note: Fifteen Kgs, or less weight shall be ignored”.
*(12) Every license of Group ‘A’ & Group ‘B’ mentioned in the schedule of fees shall
maintain a separate record of transactions of purchase & sale of agricultural produce in the
following form.
FORM
Daily sales & purchase register to be maintained by licensed Dealer _______
Group ‘A’ Group ‘B’____________________________________________________
Notified Market Area _________________________ Date _____________________
Name of dealer/seller/purchaser___________________________________________
License No. _____________________________
Name of
Date
Seller
Purchaser
Agricultural
produce
quantity Kgs.
1
2
3
4
Rate of
purchase
Rate of
5
6
Sale.
Total qtys:
Purchased
Total
quantities
sold
Assessment of market fee as
per prescribed schedule vide
Rule 30, sub-rule 10.
Balance stock of agricultural produce
on the close of Tran- section
7
8
9
10
29-A. Exemption from payment of fees..----- If a fee has been leived on the sale or purchase of any
quantity of agricultural produce in a notified market area and the dealer concerned has complied with
the provision sub-rule (2), then no fee shall be leviable on the sale or purchase with in the same
notified market area of any agricultural produce manufactured or extracted from the agricultural
produce in respect of which the fee has already been paid.
30.
Account of Transaction and of Fees to be Maintained:(1)
Every licensed dealer and every dealer not being a hawker exempted under rule 7
from obtaining a license shall submit to the Market Committee a return in From H-A showing
his purchases in respect of each commission agent (known as pacca arthi), and sales in
respect of each dealer of each item of agricultural produce on each day, either in that day or
on the following day.
Provided that in special cases of hardship the Chairman of the Market Committee
may, by an order in writing, extend this period up to not more than seven days from the date
of the transactions.
(2)
The Market Committee shall maintain a register in Form-J showing the total
purchases and sales made by dealers and the fees recoverable and recovered from them.
(3)
The Market Committee shall levy the fee payable under section-19 on the basis of the
return furnished under sub-rule(1).
Provided that if the Market Committee has reason to believe that any such return is
incorrect, it shall, after notice to the dealer concerned, and after such enquiry as it may
consider necessary, assess the amount of the dealer’s business during the period in question,
and levy fee on the basis of such assessment.
(4)
If a dealer fails to submit a return as prescribed under sub-rule(1) the Market
Committee may after notice to such dealer, assess the amount of his business during the
period in question on such information as may be available and levy the fee on that basis.
(5)
“The Chairman or the Secretary of the Market Committee may at any time and
without previous Notice enter upon the premises of business of licensed dealer within the
notified market area and inspect and examine the accounts of transactions of agricultural
produce and fee kept or maintain by such dealer and the dealer shall if required be bound to
produce forthwith his accounts before the Chairman or Secretary so as to enable him to
inspect and examine the same”.
(6)
The Deputy Commissioner or such gazetted officer subordinate to him, as he may
appoint in this behalf, may if he thinks fit call upon the dealer to show cause why the
application should not be allowed and may also make enquiry in such other manner as he
may deem necessary, and shall either disallow the application or authorize the Market
Committee to inspect the dealer’s accounts, relating to such date or dates as may be specified
in the authorization.
(7)
If the application for inspection is allowed, the Market Committee shall inform the
dealer of the date and place fixed for the inspection provided that if the dealer so desires, and
pays such fee as the Market Committee may fix in this behalf, the inspection shall be made at
the dealer’s premises.
(8)
The Market Committee shall either generally or in each case appoint one or more of
its employees to conduct such inspections of dealer’s account books.
(9)
The Chairman or the Secretary, as the case may be, may after inspection prepare a
return, or may amend the return already furnished on the basic of transaction appearing
(10) Habitual default in the submission of returns and habitual submission of false returns
shall be a sufficient ground, for cancellation of or refusal to renew, a license and the
provisions of this rule shall apply in addition to and not in derogation of any other law, penal
or otherwise applicable to non-compliance or defective compliance with any duty imposed
upon a dealer by the Act or by these rules, or by any bye-law or order of Market Committee.
(11) An assessment made under the provision to sub-rule (3) or under sub-rule (4) or (9)
shall unless passed in the presence of the dealer concerned, be communicated to him by
means of a written notice, and a copy thereof shall be granted to the dealer on his making a
written application and paying a sum of Rs. 0.50 as copying fee to the market committee.
Every Market Committee shall maintain a register of copying fee.
(12) The copy shall be prepared in the office of the Market Committee and certified to be
correct by the Secretary or in his absence by another person appointed in this behalf by the
Chairman. Such certificate shall give the dates on which the application was received and the
copy prepared and delivered to the applicant, and shall be conclusive evidence of the
correctness of these dates.
(13) An assessment made by a Market Committee under sub-rule (3) or under sub-rule (4)
or (9) shall be deemed to be an order for the purposes of rule 19-A except that the court-fee
payable shall be an advalorem fee under Article 1 of the Court fees Act on the amount in
dispute.
31.
Places at which Agricultural Produce shall be Weighed or Measured:-
(1)
A Market Committee may notify the places where any particular agricultural produce
may be weighed, measured or sold.
(2)
Subject to the provisions of sub-rule(1) weighments and measurements of agricultural
produce intended for sale, may be made through licensed weighmen or measurer anywhere in
a notified market area.
32.
Use of Weighing Instruments Weights and Measures, their Inspection and Seizure:-
(1)* Only such weighing instruments as satisfy the requirements of and such weights and
measures as are prescribed by the Sind Standard Weights & Measures Enforcement Act,
1975, and the rules made thereunder shall be used for weighing or measuring agricultural
produce in a notified market area.
(2)* Every Market Committee shall keep in its office atleast one weighing instrument of
the capacity 100 Kgs, and two sets of weights & in place where measures are used, two sets
measures also verified and stamped in accordance with the provisions of the Sind StandardWeights and Measures Enforcement Act, 1975 and the rule-framed thereunder and the
Market Committee shall cause, such Weights & Measurers to be tested and appointed under
and in accordance with the requirements of the said Act and rules”.
(3)
The Chairman of a Market Committee shall allow any person to check free of charges
any weight or measurers in his possession against weights and measures maintained under
this rule.
(4)* Weighing instruments & Measures kept by Market Committee under this rule may at
any time be inspected, examined & Checked by the Director General, Deputy Director or
Commissioner in any other case or an Inspector appointed under the Sind Standard Weights
and Measures Enforcement Act, 1975.
(5)
Any member of a Market Committee, and any employee of a Market Committee
authorized by it in this behalf, shall be entitled at any time and without previous notice to
inspect, examine and test any weighing instrument, weight or measure used, kept or
possessed within a notified market area by a license under Section-6 or 9 of the Act, or used,
kept or possessed by any other person for weighing or measuring, agricultural produce within
the limits of the notified market area, and every such license or other person in possession of
any such weighing instrument, weight or measure shall, when required, be bound to produce
the same before the person entitled so to inspect, examine and test it.
(6)
If on examination any weighing instrument, weight or measure is found to be not in
conformity with the Sind Standard Weights and Measures Enforcement Act, 1975, and the
rule made thereunder, it shall at once be sized and forwarded forthwith alongwith a report to
the Inspector appointed under the Sind Standard Weights and Measures Enforcement Act,
1975, within whose jurisdiction the notified market area lies. The report shall be in the
following form.
Report of Seizure of Weighing/Instrument/Weight/Measure at (Rule-32 (6) of the
Agricultural Produce Markets Rules, 1940).
Name, parentage, caste and
residence of the person from
whom the weighing instrument,
weight or measure is seized.
Description of the weighing
instrument weight or measure
seized.
Date of
Seizure
Person by
whom seized
7
8
9
10
Why seized
Person in whose presence seized
Remarks
7
8
9
Signature of two witnesses: -
1. __________________________________
2. __________________________________
______________________________
Signature of the person making report
The report is to be signed by the person in whose presence the seizure takes place.
(7)
Before any agricultural produce weighted in pursuance of a transaction of sale or
purchase within a notified marker area is removed from the place of its weighment, any
member of the committee, or any employee of a market committee authorized by it in this
behalf with a view to satisfy himself that such weighment has been correctly made, be
entitled at any time and without previous notice to check the weighment by means of weights
and instruments owned by the market committee or by other agency.
33.
Weigh-Bridges, Measuring-Yards and Certificates of Weighment or Measurement:-
(1)
A market committee may with the approval of the Deputy Commissioner, erect in the
market a weight-bridge for the weighing of agricultural produce on payment of such fee as
may be prescribed by its bye-laws.
(2)
In place where it is customary for any agricultural produce to be measured intead of
being weighed, a market committee may with the approval of the Deputy Commissioner,
specify a place within the market and make arrangements for the measuring of such produce
on payment of such fee as may be prescribed by its byelaws.
(3)
The market committee shall be responsible for maintaining such weigh-bridge or
measuring-yard in proper condition, and for issuing free of cost certificates of weighment and
measurement, as the case may be in such forms as may be prescribed by its byelaws.
(4)
A certificate issued under sub-rule (3) above shall be accepted as final by all persons
transacting business in the notified market area, unless it is proved, to the satisfaction of the
chairman of the market committee or his authorized representative that the weighment was
done on a defective weigh-bridge or measuring-yard or by means of an incorrect scale or
weight or measure.
*33-A. Weighment and Standard of Packing Unit:(1)
A market committee shall fixed the net quantity of an agricultural produce to be filled
in a packing unit such as a bag, a half bag or a Bulli and the packing units shall be filled
accordingly.
(2)
Immediately on the completion of filling a lot of agricultural produce within a notified
market area, the other party to the contract may cause a test Weighment or Measurement of
ten percent of the units of packing in a lot or two packing units which ever is more.
*(3) Test weighment or measurement under sub-rule (2) shall be carried out in the
presence of both the parties to the contract and where a party fails to attend or refuses or
evades participation the other party may report in writing to the Secretary or any employee of
the market committee not lower than Inspector who shall after satisfying himself as to the
correctness of the report cause the test weighment or any other official of the Committee and
the result of such test Weighment or Measurement shall be conclusive and binding on both
the parties.
*(4) The test Weighment or Measurement of the packing units which are not sealed with
seal of any party shall be carried out of the site of Weighment or Measurement and if no such
test Weighment or Measurement is held, the produce shall be deemed to have been correctly
weighed or measured, as the case may be.
*(5) Before test agricultural produce weighed or measured in pursuance of contract is
removed from the place of its weighment the Chairman or any employee of the Market
Committee not lower than an Inspector may, with a view to satisfying himself that such
Weighment or Measurement has been correctly made, without any previous notice check the
Weighment or Measurement by the Standard Weights and Measures and Instruments kept by
the Committee or any other Agency in the presence of any two persons.
*(6) If the Weight or Measurement is found to be defective the persons checking the
weighment or measurement may order the lot to be re-weighed or measured, as the case may
be, at the cost of the buyer.
34.
Trade Allowances:- Every market committee shall, with the approval of the
Government prepare byelaws prescribing a list of trade allowance, which alone may be levied
within the market area, and the scale thereof.
34-A.. An officer or servant of the market committee, in the course of performance of his
duties may.
(a) Enter into any building, enclosure or place used for sale and purchase, weighment
or measurement of an agricultural produce in a notified market area and may himself
inspect weigh or measure or cause to be inspected, weighed, or measured any
agricultural produce found in the said building enclosure or place.
(b) Himself inspect, weigh or measure or cause to be inspected weighed or measured
any agricultural produce being transported, by any mechanical or other means,
through the notified market area, and.
(c) Seize any agricultural produce in respect of which, or any material by which, any
breach of the provisions of the Agricultural Produce Market Act, or of the rules or
byelaws made thereunder is reasonable suspected to have been committed.
An inventory of the agricultural produce or the article so seized shall be prepared by
the officer or servant proceeding under this rule, and a copy thereof shall, on demand, be
given to the person from whose custody the agricultural produce or other articles have been
taken into possession.
34-B.(1) An officer or servant of the market committee seizing property under Rule 34-A
shall keep such property either in his own custody or require any licensed dealer in the
notified marker area to take it into possession and keep the same in his charge till such time
as the inquiry in regard to the said property has been completed and final orders regarding its
disposal passed by the competent authority.
Provide that the Chairman of the market committee may, for reasons to be recorded in
writing, at any time direct that the property be released and restored to the person form whom
it was seized.
(2)
The expenses incurred in transportation and storage of the property under Rule 34-A
shall be recoverable from the person to whom property is to be restored. If such person
refuses or fails to pay such expenses, the property or such part thereof, as may fetch the
amount of money so expended, shall be sold or auctioned under the orders of Chairman of the
market committee the amount realized by such sale or auction shall be adjusted towards the
transportation and storage charges and the balance, if any paid to the person to whom the
property was due to be restored.
(3)
When the property is required to be restored to person from whom it was seized, a
notice shall be issued to him to appear at such place and time as may be specified in the
notice to take its delivery. If such person refuses or fails to take delivery of the property at the
appointed place and time the property shall be sold or auctioned, under the orders of the
chairman of the market committee and the amount realized by such sale or auction shall be
adjusted towards the expenditure incurred in this behalf and the balance, if any, shall be paid
to the person to whom the property was due to be restored provided such person applies for it
to the market committee within 90-days of the sale or auction.
(4)
The licensed dealer required by an officer or the servant of the market committee to
take possession of the property seized, shall not refuse to do so.
35.
Budget:-
*(1) “For the purpose if these rule the Agricultural Produce Market Year shall commence
on 1st July every year and end on 30th June, following”.
(2)
A market committee shall annually hold a special meeting not later than 30th April, to
prepare and adopt the budget of income and expenditure for the ensuing year.
*(3) A Duplicate copy of Budget so Budget so adopted shall be submitted to the
Commissioner in the case of the Karachi Market Committee and in other cases, the Deputy
Commissioner who shall after such scrutiny as he may consider necessary forward the same
with his comments, if any to the Director General, by the 15th May, who shall have power to
sanction it with such modifications as he may consider proper whereupon the market
committee shall strictly regulate its expenditure in accordance with the sanctioned Budget.
*(4) An expenditure for which no provision exists in the Budget may be met by the market
committee by re-appropriation from saving under other heads or by supplementary grant
sanctioned by the Director General.
*(5) If the Budget is not prepared and got sanctioned by before the commencement of any
financial year, the Director General shall have the necessary statement prepared and certified
and such certified statement shall be deemed to be the sanctioned Budget of the market
committee.
*(6) A any time before the expiry of the financial year to which the Budget relates a
revised or supplementary budget may be prepared and sanctioned by the Director General.
36.
Accounts and Audit:-
*(1) The accounts of a market committee shall be kept in such form and shall be audited in
such manner as the Director Local Fund Audit Sind directs.
*(2) A market committee shall publish a statement of its assets and liabilities at the close
of each year, with a balance sheet by the 31st July following and shall furnish on payment of
such fee as may be fixed by it, a copy of the statement to any grower, or licensee, buyer or
seller, within the notified market area applying for it.
*(3) The Chairman or Secretary of a market committee or any other member deputed by
him for the purpose shall at the audit cause to be produced all accounts, registers, documents
and other papers which may be required by the audit officer for audit purposes and any
explanation called for by him for the settlement of any discrepancy shall be immediately
furnished.
*(4) To meet the cost of the audit every market committee shall contribute annually to the
Provincial revenues such sum not exceeding 3 percent of its total annual expenditure as may
be determined by the Government in each case.
*(5) The Deputy Director Marketing Operations or any other Officer authorized by the
Director General, in this behalf shall inspect or cause to be inspected a market committee
periodically and shall submit his report to the Director General, furnish a copy to the market
committee for necessary action.
*37. Receipts to be Credited into the Government Treasury or Bank:- Except where
Government otherwise direct all the receipts made by the Market Committee shall be credited
daily into Government. Treasury / sub-Treasury or a Schedule Bank in accordance with the
instructions issued form time to time by Government and shall not be withdrawn except as
provided in the rules.
*38.
Remittances to a Treasury or Scheduled Bank:-
*(1) All remittance under these rules to a Treasury, sub-Treasury or a Schedule Bank shall
be made and acknowledged in accordance with the rules of rules of business of the treasury,
Sub-Treasury or the Schedule Bank as the case may be.
*(2) At the close of each month or at such shorter intervals as may be the practice, the
Market Committee shall in accordance with the rules of business of the treasury, sub-treasury
or Scheduled Bank as the case may be get a balance as worked out in the Pass Book of the
market committee or get a statement of accounts form it.
*(3) The market committee shall check such balance or statement with its own balances or
accounts and rectify the difference, if any.
38-A Refund of Certain Amounts:- *When:
(a) Any sum has been paid for the grant of a license which has not been in fact issued,
or.
(b) A person has wrongly applied and paid for and been granted two or more licenses
of the same nature for the same notified market area, or.
(c) Any market fee has been recovered in excess of the amount actually due, or.
(d) Any market fee has been recovered on a transaction which is exempt under these
rules, or.
(e) Any money has been paid by mistake.
“The Market Committee shall bon a written application being made within thirty days
from the date of payment of the amount refund of which is claimed and after making
such inquiry as deemed fit, order the refund of the appropriate amount to the person
concerned, and.
(2)
“*The powers of the Market Committee under sub-rule (1) may be exercised by the
Chairman, if so authorized by the Market Committee.
39.
Payments how to be Made:-
(1)
All payments made by a market committee, except from imprest, shall be made by
cheques.
*(2) “Every Cheque drawn on behalf of a Market Committee shall be signed jointly by the
Chairman and Secretary of the Market Committee if the Chairman is absentfrom the
Headquarters, or is unable to perform duties by a member nominated by the Market
Committee provided that no Cheque shall be drawn except against a bill which has been
examined and passed by the Chairman, or for the recoupment of imprest, if any.
*(3) The Chairman shall not pass any bill for payment without the previous sanction of the
Market Committee except.
(a) For payment of the Salary of the fixed establishment, or.
(b) For payment for works & repairs for which Budget provision has been made, or.
(c) For meeting urgent expenditure for which there is Budget provision and which
does not exceed rupees five hundred in the case of class ‘A’ Market Committee
and rupees three hundred in the case of Class ‘C’ and ‘D’ Market Committee as
classified under these rules.
*(4) Where a Market Committee has cased to function and a new Committee has not been
constitute or if constituted the Chairman or the Vice-Chairman, as the case may be, has not
assumed the Office or the Chairman or Vice-Chairman having resigned ceases to function as
such under the directions of Government or having diet, the Assistant Director may pass Bill
and sign Cheque on behalf of the Market Committee”.
40.
Surplus Fund-how to be Disposed:- The balance shown in the balance sheet shall,
after audit, be transferred to the reserve fund of the Market Committee, or be invested in such
manner as may be approved by the Government.
*40-A. Writing off if Irrecoverable and other Dues or Losses:- Whenever it is found that any
amount due to the market committee is irrecoverable or should be remitted or whenever any
loss of the market committee money or stores or other property occurs through the fraud or
negligence of any person or for any other cause and such property or-money is found to be
irrecoverable, the fact shall be reported to the Commissioner in any other case who may order
the amount or value of property to be written off as lost, irrecoverable or remitted, as the case
may be, under intimation to the Director General, provided that in any case the amount due or
value of such property is in excess of rupees one-thousand, no such order shall take effect
unless the approval of the Director General has been obtained.
41.
Officers and Servants of the Market Committee, their remuneration Punishment etc:Deleted.
42.
Publication of Market Information:-
*(1) A market committee shall, for the benefit of the persons using the market, exhibit in a
suitable place outside its office and at such other places as may be determined by it, bulletins
of information on such matters as the prices of agricultural produce, ruling at the principal
marketing centers in the Provincial and the ports serving the province, and the stocks held by
mills and the like.
(2)
Such bulletins shall be signed by the Chairman or other persons as may be appointed
by him in writing, and a copy of each such bulletin shall be kept in province, and the office of
the market committee.
43.
Storage Accommodation:-
(1)
A market committee may arrange when necessary, accommodation for the temporary
storage or stocking of agricultural produce.
(2)
The market committee shall charge such fee for such storage and stocking as may be
prescribed by its bye-laws.
44.
Registers to be Maintained by a Deputy Commissioner:- Deleted.
45.
Registers to be Maintained by a Market Committee:-
(1)
Every market committee shall maintain the following registers.
(a) of sales and purchases of agricultural produce entered into within the notified
market area in Form J, and.
(b) Of licenses granted, renewed, suspended, or canceled under section-6 of the Act
and granted, renewed, suspended or canceled by the market committee under
Section-9 in Form “K”.
46.
Renewal of a license and the Issue of a Duplicate:-
(1)
A license granted under section-9 shall be renewable on payment of the fee payable
for the issuance of such license.
Provided that in the case of a license issued for any notified market area before the
final date specified for that area under sub-section (2) of section-4 the License shall be
deemed to have been issued on the date so specified.
(2)
An application for the renewal of a License shall be made in Form ‘B-A’ or Form ‘DA’, as the case may be atleast seven days before the date on which the License is due to
expire.
(3)
Where application under sub-rule (2) is made after the expiry of License, the License
may be renewed on payment of a penalty at the rate specified in the schedule not exceeding
the License Fee.
(4)
Except as provided in sub-rule (3) every application for renewal of a License made
after the date expiry thereof shall be treated as an application for the grant of a fresh License.
(5)
If a License is lost, a duplicate may be issued on payment of the Fee specified in
Schedule of Fee.
47.
“Traveling Allowance for Chairman, Members etc:- If a Chairman or Vice-Chairman
or Member or Officer or Official appointed under this Act, undertakes any journey in the
interest and under the orders of the market committee or the Director General, he shall paid
traveling expenses out of the funds of the market committee at the rates admissible under the
Government Rules.
Provided that the Chairman shall get T.A allowance as are admissible to Grade-17
Officer of the Government. The members shall be entitled to the T.A allowance as are
admissible to Grade-16 Officer or the Government.
48.
Traveling Allowance to Market Committee’s Officers and Servants:- * Deleted.
49.
Appeals:-
(1)* An appeal under sub-section (3) of Section-6, shall be referred by means of a
memorandum which shall be stamped with a Court fee of the value of Rs. One only, be
accompanied by a certified copy of the order appealed against and presented by the appellant
personally or through a duly authorized agent”.
(2)
The result of an appeal preferred under sub-rule (1) shall be communicated to the
appellant and the market committee concerned.
50.
Power of Government to alter dates fixed in these Rules or to fix new ones:- The
Government may be a notification alter any of the dates fixed in the rules.
51.
Procedure for recovery of fee by a Market Committee:- A fee due to a market
committee under the Act, or these Rules or its bye-laws shall, notwithstanding any penalty
imposed under rule-52, be recoverable as arrears of Land Revenue through the Collector of
the District within the boundaries of which the person liable to pay resides, or within the
boundaries of which the notified market area is situated.
52.
Penalty for Breach of Rules any Condition of a License:- Any person committing a
breach of these rules or the Conditions of this license shall on conviction be punishable with
fine which may extend to five hundred rupees.
Provided that the maximum fine, which may be imposed for the breach of the
conditions of a license, granted under section-9, shall not exceed one hundred rupees.
53.
Control by Provincial Government, Director General and Deputy Commissioner:-
(1)* The Director General or, the Deputy Director within his jurisdiction or any officer not
below the rank of Deputy Commissioner appointed in writing by the Director General or
Government by general or special order may”.
(a) Enter into, inspect survey and caused to be entered into, inspected and surveyed,
and immovable property occupied by any market committee or any work in
progress under its discretion.
(b) By order in writing, addressed to the Chairman or Secretary, call for inspect or
caused to be inspected any book or document in the possession or under the
control of the market committee and the Chairman or the Secretary, as the case
may be, shall immediately comply with such order.
(c) By order in writing, addressed to the Chairman or Secretary require the market
committee to furnish within a specified period such statement, accounts, reports,
copies or documents in the possession or relating to the proceedings or duties, of
the Committee as he may think fit to call for.
(d) Enquire generally into the affairs of the market committee with a view to
ascertaining whether the same are being satisfactorily administered, and for the
purpose of such inquiry make use of any property of the committee, and exercise
the Power mentioned in Clauses (a), (b) and (c) of these rules, and members,
officers, and servants of the committee shall render such assistance in the inquiry
as the persons making the inquiry my deem necessary.
(2).
The Officers mentioned under sub-rule (1) record in writing for the consideration -of
any market committee such observation as he may think proper in regard to the proceedings,
work or duties of the said committee.
“(3)*. Every market committee shall submit such report, to the Director General or any other
officer or authority specified by him.
54.
Preservations Of Records:- The records of the committee shall be preserved for the
period noted against each in the Schedule.
SCHEDULE
No. of form
Description
Period
1
… Budget
… 5 years.
2
… General Cash Book
… Permanently.
3
… Establishment Bills
… 35 years.
4
… General Bills
… 3 years.
5
… Balance Sheet
… 10 years.
… Ledger
… 10 years.
6
… Register of Deposits
… Permanently.
D
… Application Form
… 3 years.
B
… License form
… 3 years.
… Registers for daily Purchases and Sales
… 1 year after audit.
… Receipts
… Register of Sale and Purchase of
Agricultural Produce
… Register of Licenses
P.F. Register
… 3 years.
5-A
H-A
I
J
K
… 10 years.
… 10 years.
… 10 years or till all
accounts to which it
relates are closed.
… 5 years after death or
retirement which ever is
earlier.
Service book of Employees
Register of Proceedings of the committee or
Sub-committee
…
Cheque Books
…
Pass Books
…
T.A. Bills
…
Lease Deeds
…
Security Bonds
date
Permanently
10 years
10 years
3 years.
10 years from the date.
they case to have effect.
10 years from the
…
Treasury Challans
…
Impressed Account Register
Attendance Register
Movable Property Register
Library Register
Demand and Collection Register
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
they cease to have effect.
3 years.
3 years.
1 year.
10 years.
10 years.
10 years.
Register of Stamps
…
Stock Registers
…
Register of Court Cases
…
Investment Registers
…
Files about the appointment, removal
and dismissal of employees.
…
Other record which the committee
may decide to preserve for move
than three years.
…
A
…
Application for the grant of a
License under rule 6 (1)
B
…
B-A
…
…
…
…
…
…
…
…
…
3 years.
10 years.
10 years.
Permanently.
…
…
35 years.
…
…
Such period (not less than
10 years) as my be
prescribed by the committee.
3 years.
Application for the grant of a license for the
Purchase and Sale of Agricultural produce
under rule-6 (4).
…
…
…
Application for the renewal of a license for
the purchase and sale of agricultural produce.
3 years.
3 years.
55.
Board of Arbitrations:-
(1)*
Government shall by notification constitute a Board for any notified area.
(2)
The Board shall consist of six-persons there of one of whom shall be a chairman
provided that the Chairman and two members shall be appointed from amongst the growers
and one member each from the person licensed under Section-6 & 9.
(3)
The Secretary shall act as the Secretary of the Board.
(4)
The term of the office Board shall be for period of three years commencing on such
date as may be specified in the notification said of members notification, the period of three
years shall be reckoned from the date of the notification.
(5)
if on the expiry of the term of the office of the Board, no new Board has been
appointed, the old Board, shall continue to perform its function till a new Board is appointed
by the Government.
(6)
The Government may at any time by notification remove the Chairman or a member
appointed under these rules who is its opinion is guilty, of misconduct or negligence of duty
or has been appointed in violation of these Rules or has lost the qualifications on the strength
of which he was appointed or whose continuance in office is otherwise not desirable provided
that no action shall be taken without providing to the person concerned an opportunity of
being heard.
(7)
The Chairman or a member appointed under these rules may resign his office by
tendering resignation of Government.
(8)
A casual vacancy in the Board shall be filled in accordance with provisions of subrule (4) and the person so appointed shall held office for the remaining term.
56.
Function Of Board Of Arbitrator:-
(1)
*Where any dispute arises between a buyer and seller of any agricultural produce of
any kind including disputes regarding the quality or weight or price of an agricultural
produce, allowances of wrapping for containers, for dirt or for impurity or about deductions
to be effected due to any reasons or in regard to unfit bargain (Mudda), the aggrieved party
may refer the dispute to the Board.
Provided that the Board shall not entertain any dispute pertaining to unfixed bargain
(Mudda), where a written agreement has not been executed between the buyers and sellers.
(2)
The aggrieved party shall submit a written application on a judicial paper bearing
court fee stamp of five rupees addressed to the Chairman of the Board giving therein the
name or names of the other party to the dispute, the cause of the dispute and the nature of the
relief claimed.
(3)
The following rate of fees shall be payable by the party referring the dispute to the
Board.
(a) For dispute relating Monetary transactions, two paisas per rupee on amount upto
Rs. 25,000/- and four paisas per rupees on amount exceeding Rs. 25,000/-.
(b) For any other dispute a fixed fee of five rupees, shall be payable.
(4)
If a question arises whether any dispute is a Monetary transaction the decision of the
Board shall be final.
(5)
On receipt of the application the Board shall fix a date for the hearing of the case and
shall summon the other party and witnesses along with necessary documents, if any, in
accordance with sub-section 22-A.
(6)
On the date fixed for the hearing of the case or on any subsequent date to which the
case may be adjourned by the Board the Board shall proceed to hear the parties and examine
the witnesses and the documents produced by them, provided that no case shall be adjourned
for a period longer than fixed by it.
(7)
After hearing the parties and examining the witnesses and documents, if any the
Board shall announce its decision immediately or on any date fixed by it.
(8)
If any party failed to appear before the Board without any reasonable cause, the Board
may dismiss the application for non-appearance of the aggrieved party or may decide it exparte if the other party is absent.
(9)
Any party aggrieved by an order under sub-rule (8) may within 30-days of such
orders move the board for the reversal of the order and if the Board is satisfied that the nonappearance of the party was for good and sufficient reason it may set aside the order.
(10) The Board shall make every endeavour to ensure that the dispute is decided within
one month of its reference to it.
(11) All proceedings before the Board shall be in writing and a regular record thereof shall
be maintained by the Board.
(12) Every proceedings and decisions of the Board shall be deemed to be a judicial
proceeding within the meaning of Section 193 and 228 of Pakistan Penal Code.
(13)
A meeting of the Board shall be called and presided over by the Chairman.
(14) The Board shall be competent to order the costs involved in the case to be borne by
the parties individually or jointly in the proportion fixed by it.
(15) No lawyer shall be engaged, provided that a person who is unsound mind or otherwise
unable to appear before the Board may be represented by the authorized agent.
57.
Monthly Statements To Be Submitted By The Board:- Every market committee shall
submit to the Director General a monthly statement showing the total number of the disputes
and the nature thereof referred to Board and decide by it during the preceding month.
*58.
Income And Expenditure Of The Board:-
(1)
The income of the Board shall be credited to the market committee fund.
(2)
All expenses of the Board shall be met from the market committee fund.
(3)
The Chairman and Member of the Board shall be entitle to such traveling and daily
allowance as are admissible to the Chairman and members of the market committee
concerned.
*59. Disputes relating To Another Market Area:- If a dispute relates to same along with
the fee if any paid by the party to the Board concerned.
*60.
Inspection of Record:-
(1)
The record of the Board may be examined by the party concerned on payment of a fee
of rupees ten only.
(2)
A copy of the following documents may be obtained from the Board by the party
concerned on the payment of the fee mentioned against each.
(i)
(ii)
(iii)
(iv)
(v)
61.
Copy of Application
…
Copy of the Written reply
Copy of statement of Witness.
…
Copy of any order passed by the Boards.
Copy of Decree.
Rs. 5.00
…
Rs. 10.00
Rs. 5.00
…
Rs. 10.00
…
Rs. 10.00
Fair Price Shops:-
(1)* A Market Committee may, and if required by the Director General, shall provide
funds in its annual Budget for the purchase and storage (including storing in cold-storage) of
such agricultural produce as may be specified by the Director General for resale to growers
and consumers through the fair price shops on nominal profit fixed, to growers of Market
Committee.
(2)
The Secretary shall maintain or caused to be maintained a separate record of accounts
of the fair price shops which shall be subject to audit.
(3)
Market Committee shall submit the monthly return of purchase, sales and others to
the Deputy Director, who shall after scrutinizing submit the same to the Director General for
record.
62.
Duties and Powers of Secretary of Market Committee:-
(1)
The Secretary shall be the Executive Officer of the Market Committee and shall be
responsible for the day to day working of the office of the Market Committee and
maintenance of its record, accounts and assets in accordance with the Act, Rules and Byelaws.
(2)
The Secretary shall work under the control of Chairman.
(3)
The Secretary shall attend all meetings of the Market Committee or a sub-committee
unless the sub-committee dispenses with his presence by the Market Committee or as the
case may be.
(4)
The Secretary shall advise the Market Committee and its Chairman in the light of the
provisions of the Act, Rule and Bye-laws framed there under and directives of Government
given by it from time to time.
(5)
The Secretary handling Cash shall deposit cash security amounting to Rs. 2,000.00
and shall also furnish a personal security in the sum of Rs. 5,000.
63.
Classification of Market Committee:-
(1)* The Market committee shall be classified by the Government by notification in the
official gazette on the basis of their average annual income during the last three years as
below:
Class ‘A’ = A Market Committee with an annual income exceeding 0.5 Million
rupees or above.
Class ‘B’ A Market Committee with an annual income exceeding 0.25 Million but not
exceeding 0.5 Million rupees.
Class ‘C’ A Market Committee with an annual income exceeding 0.15 Million but not
exceeding 0.25 Million rupees.
Class ‘D’ = A Market Committee have an income of less than 0.15 rupees.
(2)
A Market Committee of Class ‘A’, shall consist of eighteen members while Market
Committee of Class ‘B’, ‘C’ and ‘D’ shall consist of ten members.
(3)
All newly established Market Committee shall initially be placed in Class ‘D’.
64.
Appointment of Necessary Staff of Pool Fund Committee:- The Sindh Market
Committee employees services rules shall be applicable to the staff of Pool Fund Committee.
65.
Audit of Market Committee ‘Pool Fund’ Accounts:- The audit of Market Committee
‘Pool Fund’ accounts shall be conducted by the Director Local Fund Audit, Sindh, Annually
on the payment of Audit Fee approved by the Government.
66.
Procedure to Apply for Grant in Aid Loans by the Market Committee:- The
application by a Market Committee to the ‘Pool Fund’ committee for Grant in Aid or Loan
shall contain the following particulars.
(a) Statement of Balance Sheet of last three years.
(b) Reasons for short fall in income.
(c) Income and Expenditure of the current year alongwith Budget Statement.
(d) Current statement of Bank Balance.
(e) Site Plan proposed/approved sketch plan of the Project.
(f) Feasibility report of the project.
(g) Expected Monetary return to be accrued from the Project.
(h) Estimated cost of the project and amount of Grant in Aid or Loan required to
accomplish the Project.
(i) In the case of loan the manner and the time within, when the loan is to be
readjusted.
67. (1) No feeder market shall be established except under the permission of the Director
General, Bureau of Supply and Prices, Sindh.
(2)
A Market Committee or any person through the Market Committee may make an
application to the Director General Bureau of Supply and Prices, Sindh for establishing a
feeder market giving full details of the site where such market is intended to be established,
and the Director General Bureau of Supply & Prices, Sindh or his representative shall inspect
the site and accord approval’.
LICENSE FOR
KIN OF LICENSE
GROUP-A.
…
Fee Rs. 200.00
Cotton Ginning and Pressing Factory, Oil Mill, Textile Mill, Ghee Mill, Rice Mill
(Sheller & Huller), Importer and Exporter of Agricultural produce, Sugar Mill, Purchaser
Agricultural produce on behalf of Mill, Wool Factory, Jute Factory, Tannery, Flour Mill,
Milk Plant Tobacco Whole-sale dealers, Fruit Processing, Industries, Soap Factory, Roti
Plant, Cold Storage, Refrigerator Plant, Bone Processing Factory, Tea (Leaves & Dust
Processing Plant).
GROUP=B
…
Fee Rs. 100.00
Commission Agents of Grain Market, Vegetable and Fruit Markets, Hide & Skin
Merchants, Wholesale Kiryana Merchants, Live Stock Dealer, Cotton Seed & Oil Cake
Wholesale dealer, Wholesale Fodder Dealer, Baker Atta Machine, Pulses Processing Plant,
Fish Wholesale Merchants.
GROUP-C
…
Fee Rs. 20.00
Retailers of Fruit & Vegetable (fresh)m Wool Hides & Skin, Oil Cake & Cotton Seed
seller, Fodder (dry & green), Tobacco and its Products, Oil Expeller, Ration Depot Holders,
Rice Husking Mill (Huller) retailers of Kiryana, Hide & Skin, Fish, Kohluala, Rehriwala.
GROUP-D
*Fees for Duplicate Copy of:
(a) License under section-6 or in case of:
Group ‘A’
Group ‘B’
Group ‘C’
…
…
…
…
Fee Rs. 20.00
Rs. 50.00
Rs. 25.00
Rs. 10.00
(b) Other Licenses
Penalty for Renewal of license after expiry of Previous Licenses:(a) Licenses under Section-6 or 9 in case of:
Group ‘A’
Group ‘B’
Group ‘C’
(b) Warehouseman
(c) Others
…
Rs. 25.00 per month.
…
Rs. 15.00 per month.
…
Rs. 10.00 per month.
…
…
Rs. 10.00 per month.
Rs. 1.00 per month.
(a) Throughout the Rules, except as amended or modified, for the words “Deputy
Commissioner”, the words “Commissioner in the case of the Karachi Market
Committee and the Deputy Commissioner in any other case” shall be substituted.
(b) References to any Rule in the said Rules, unless expressly amended or modified,
be construed as references to that rule as amended or modified by this
Notification.
2
Serial No.
3
Name, parentage
Caste and address of the
dealer submitting Form R-A
with the Number of license
if any.
4
7
8
9
Fee coveted with the No. date of the
receipt issued
From whom recovered
10
13
14
Remarks.
11
Date and amount of recovery of the
balance of fee
Fee declared unrecoverable
Date on which collector moved for the
recovery of the balance of fee
Balance of fee to be recovered
6
Fee chargeable to the market
committee
5
Where sold by auction No and date of
the application of the sclera
Quantity of agricultural produce sold
Descriptor of the Agricultural product
sold
As buyer.
As seller
1
Date
FORM - J
Register of sale and pur4chase of agricultural produce
(Rules 30 (2) of the Agricultural Produce Market Rules, 1940)
Market Committee…………………………………………..
Years ………………………………………………………..
Month………………………………………………………..
12
1
2
3
4
5
6
7
8
9
10
11
12
Remarks.
Notified Marker Area…………………………………………………Marker Committee
Signature.
Renewals.
Fee received.
Date on which the renewed term
expires.
Grant of license
Date from which the renewed takes
effect.
Date of renewal-
Fee received
Date on which the license expires
Date from which the license takes
effect
Nature of license
Name, parentage caste residence and
address of the license
Serial No
Date and month
FORM - K
Register of Licenses issued under Section 6/Section 9 of the agricultural
Produce marker Act 1939 (Act V of 1939)
Year…………..
Order under
Section 6 (2) of
the Act
13
License No.
FROM - A
Application for grant of license for
(a) Setting up establishing or
Continuing or allowing to
Continue any place for purchase
And sale of Agricultural
Produce and or.
(b)Purchase and sale of
Agricultural Produce
Rule 6 (1) of the agricultural Produce Marker Rules- 1940.
In the office of the Market
Committee Notified marker area
……………………………………………..
……………………………………………..
(Here give the name of the Notified
marker area as ser out in Govt.
Notification under Section 4(1) of
The Act).
(a)
(i) Name of the applicant with
parentage caste, residence and
Address in full
………………………………………………
………………………………………………
………………………………………………
(ii) Particulars of the place for
which license is applied for
(here give the name or number
of the street mohalla or sub
division of the town where the
place is situated and its number
or other description sufficient
to identify it. )
………………………………………………
……………………………………………..
……………………………………………..
…………………………………………….
…………………………………………….
…………………………………………….
(b)
If the applicant is a firm it a
Hindu joint family firm or
It been registered or not.
……………………………………………
…………………………………………….
……………………………………………
(c)
If the applicant is a firm give
the name of all persons
constitutional with pa4rcntage
full of each.
(iii)
Name of the managing
proprietors of Manager of the
firm.
(d)
Name of style under which
applicant will work.
(e)
Whether the applicant or where
the applicant is a firm any
member thereof whether singly
or in collaboration with any
Body else holds a similar license
………………………………………….
……………………………………………..
…………………………………………….
…………………………………………….
………………………………………………
………………………………………………
……………………………………………...
……………………………………………….
For any other notified marker
Area? If so which?
(f)
Has the applicant or where the
applicant is a firm has nay
member thereof singly or in
collaboration with any body else
been granted a dealer license in
nay notifies marker area in the
province and has such license
if so when and for what ?
………………………………………………
………………………………………………
………………………………………………
………………………………………………
Certified that the facts set out in the application are true to my knowledge except paragraph
………………. which are true to my belief based on information supplied by.
Signature of the person making
The verification with date and
Place of so doing.
(Signature of applicant with date)
FORM ‘B’
Setting up, establishing or continuing or all owing to
continuing any place for the purchase and sale of agricultural
produce
and / or
License of sale and purchase of agricultural of agriculture produce.
Notified market area for which the license is
granted.
No. of license
Particulars of the place for which license is
granted.
Name, parentage caste residence and address in
full, of the license
Date from which the license takes effect.
Date on which the license
Any additional condition under which the
license is granted.
Fee paid.
Remarks.
Rule 6(4) of the Agricultural Produce Market Rules 1940
1
2
3
4
5
6
7
8
9
(Date and Place of Office of issue)
(Signature of the Officer issuing
the license with designation )
”B” ( SECOND LEAF)
RENEWAL OF THE LICENSE
Date of
renewal.
Date from
which renewal
takes effect.
Date of Expiry.
Fee paid.
Remarks.
1
2
3
4
5
Signature of the
renewing
authority with
designation.
6
Order AASSED UNDER SECTION 6(2) Of The Act
Serial
No.
Date of
Order.
Nature
Of the
Offence
Substance
Of the
Order.
1
2
3
4
Name and
design
timing to the
officer
making the
order
5
Signature of
the officer
making the
order
Remarks.
6
7
Conditions of the License
The license is granted subject to the following conditions:1.
The license shall comply with provisions of the Agricultural produce
Markers Act 1939. the rules framed the rounder and the byelaws of the
marker committee constituted of the area mentioned in column No. of
the license for the time being inforce.
2.
the license shall not permit evasion or infringement of any of the
precisions of the Act the Rules and bye- laws mentions under (1)
above and shall report in writing to the marker committee any evasion
or breach which comes to his knowledge.
3.
The licensee shall surrender his license to the authority issuing or
renewing or renewing or any authority competent to take action under
sub section (2) of section 6 of the Act or the marker committee of the
area for which the license is available.
4.
the licensee shall conduct his business honestly according to the
principles of fair dealings.
5.
The licensee shall be liable to have his license cancelled:-
(a)
If he boycotts or encourages the polycot of any other licensee at
(b)
If he resigns from membership of the marker committee for any
reason which is not sufficient in the opinion of the government of
justify such resignation or.
(6)
A licensee shall intimate immediately to the marker committee the
date on which he suspends or gins up his business or profession,
failing which hw shall be black listed on the expiry of a period or
grace of 7 days . If he wishes to start his business again in the same or
some other market he shall be allowed to do so on payment of a
penalty prescribed in the Schedule.
Form A-B
Application for the renewal of a license for purchase and sale of Agricultural
produce
Rule 46 (1) of the Agricultural produce Marker Rules- 1940.
In the office of the marker Committee
(1) Notified marker Area
(here give the name of Notified marker
area as ser out n Gove . Notification
under Section 4 (1) of the Act.
……………………………..
(2) Name of the applicant with parentage
Cast residence address in full and
Particulars of the place for which license
Is issued.)
…………………………….
(3) Name of the managing proprietor of
Manager of the firm
..……………………………
(4) License No.
……………………………..
(5) Date n which the license expires .
.…………………………….
(6) year of Renewal
……………………………
(7) Fee paid
…………………………….
(8) Has the applicant or where the applicant
is a firm has any member thereof singly
or in collaboration with any body else
been granted a dealers license in any
notified marker area in the province and
has such license been suspended or
chandelled if so when where and for
what ?
………………………….
Certified that the facts ser out in the application are true to may knowledge
except paragraph …………………………… which are true to my belief being
based on information supplied by …………………………….
Signature of the person making the
Verification with date and place so
Doing
(Signature of the applicant with date)
Verified and submitted to the chairman for renewal of the license
Secretary
MARKER COMMTEE
FORM – D
Application for the grant of a license of Broker’s / Weighman ‘s surveyors warehouseman ‘s, Measurer’s/ Changer’s / Boreota and Rolas.
Rule 23 (1) of the Pubjab agricultural produce marker Rules 1940)
In the Office of the Marker Committee ……………………………………….
Notified Marker Area……………………………………………………………
(He4re give the name of the notified market
area as ser out in the government notification
under section 4 (1) of the Act.)
a)
(b)
(c)
(ii)
Name of the applicant with parentage caste residence and address in full
……………………………………………………………………………..
……………………………………………………………………………..
If the applicant is a firm is it a Hindu joint family firm or otherwise construed
and has it been registered or not?................................................
……………………………………………………………………………..
(i)…If the applicant is a firm give the names of all persons constituting it with
parentage
caste
residence
and
address
in
full
of
each
…………………………………………………………………………….
……………………………………………………………………………..
Name of the managing proprietor or manager who will actually conduct the
business………………………………………………………………...
(d)
Name or style under which the applicant will play his trade………………
……………………………………………………………………………..
(e)
Does the applicant wish to be licensed as a broker / weigh man / measurer/
surveyor or warehouseman ?......................................................
(f)
Has the license if any granted previously to the applicant or if the applicant is a
firm or any member the f singly or in collaboration with any day else fro
working as a broker weigh man measurer surveyor or warehousman in this
notify
marker
area
been
chandelled?
If
so
when
and
for
period?.............................................................................................
……………………………………………………………………………..
what
Certified that all the facts ser out on the application are true to may knowledge
Except paragraphs………………......................... which are true
my
belief being based on information supplied by …………………………………..
……………………………………………………………………………………
Signature of the person making the
Verification with date and place of so doing
(Signature of the applicant
with date)
Note-1 license to work as weigh man measurer or surveyor shall only be
granted to individuals and not to firms.
……………………………………………………………………………………
(2)
In case the application is made by a firm it may be signed by the
managing partner only.
Form - D-A
APPLICATION FOR STHE RENEWAL OF A BROWKER WEIGHAMAN’S
SURVEYOR ‘S WAREHOUSMAN LICENSE
Rue 46 (1) of the Agricultural produce Market / Rules 1940)
In the office of the marker Committee,………………….District……………….
(1)
Name of the notified marker area for which
the license has been issued
…………………………….
(2) Name of the applicant (with full particulars
of the of place of business
…………………………….
(3) Name of the managing proprietor or the
manager of the firm if any
(4) Number of license
……………………………..
(5) Date on which the license expires
……………………………..
(6) Year for which renew2al is requested
……………………………..
(7) Fee paid ……………………………….Rs. ………………………………
(8) Has the applicant or where in the case of
a warehousman the applicant is a firm
has any member thereof singly or in
collaboration with any body else been
granted a license for working as a broker
houseman in any notified marker area in
suspended or dandled if so when where
and of what period
………………………….
Certified that all the set our in the application are true to my knowledge except
those is paragraph ………………………… which are true to my belied being
based on information supplied by …………………………………………
……………………………………………………………………………………
Signature of the person making the
Signature of the applicant
Verification with date and
Date…………………......
place of doing so.
Report by the Secretary of the Marker Committee………………………………
……………………………………………………………………………………
.Date ……………………………………………………………………………..
6
7
Remarks.
5
Signature of the officer
making the order
4
Substance Of the Order.
3
Nature Of the Offence
2
Date of Order.
Serial No.
1
Name and design timing to
the officer making the order
Orders of Cancellation or Suspension of the license
(Rules 23 of the Agricultural Produce Markers Rules, 1940)
FORM - F
Application for the sale by Auction of Agricultural produce (Rules 28 (I)
of the Agricultural Produce Markers Rules, 1940)
1.
Market Committee
2.
Name parentage residence address and
License no if any of the owner of
……………………..
Agricultural produce
3.
Description of the agricultural produce
4.
Approximate quantity of the agricultural
produce.
5.
Date on which sale by auction may be …………………………
held
I hereby apply for the sale by auction of the above mentioned agricultural
produce according to the precisions or the agricultural produce marker act her
rules farmed hereunder and the a by élans of the marker committee mentioned at
No I above and agree to abide by the same.
(Signature of the applicant)
Date……………………
Condition of license
This hence is granted subject to the following conditions :(1) The licensee shall comply with the precision of the Agricultural produce
Marker Act 1939 the rules famed there-under and the Byelaws of the marker
committee issuing the license for the time being in
(2) The licensee shall not permit evasion or infringement of any of the
precisions Rules and Byelaws mentioned under (I) above and will report in
writing to the market committee and evasion or breach which comes to his
knowledge
(3) The licensee shall surrender his license on demand to the marker
committee of the area for which the license is variable.
(4) The licensee shall conduct his business honestly according to the
principles of fair dealings
(5) Where the licensee is a warehouseman he shall main to the warehouse in
the ware house shall not be damaged by rain damp rodents birds or insects.
1
2
3
4
5
6
Date of renewal.
Date from which renewal
takes effect.
Date of Expiry.
Fee paid.
Remarks.
Signature of the renewing
authority with designation.
(SECOND LEAF)
Renewal of the License
Remarks
Fee paid
Any addition under which the license is granted
Date on which the license
Date on which the license rakes effect
Date 1on which the license rakes effect
No of the License
Is the license for working as a broker weighman measurer
1
(Rule 23 (1) of the Agricultural Produce markets Rules 1940)
2
3
4
5
6
7
8
9
Notified marker arc for which the license is grouted
FORM - E
License to a Broker/ Weighman / Measurer / Surceyor / Warehouseman
/Changer / Palladar /Doriota and Rola
Date and place of issue
Signature of the chairman or other official of the
Marker committee authorized to sign)
(Seal of the marker committee)
1.
2.
1.
2.
3.
4.
5.
(To be filled by the committee’s office)
Monthly serial No of the application ……………………………………
Auctioneer deputed ……………………………………………………..
Signature of the member of the marker committee deputing the
Auctioneer with date
(to be filled by auctioneer )
Date of auction
……………………………..
Time of auction : from to
…………….to…………….
Name Parentage caste residence,
Address and license No if any of the
Buyer.
Rate at which agricultural produce sold
…………………………….
Total sale price to be paid by the buyer
…………………………….
Date………………………………………………..
Signature of the auctioneer
FORM - G
(Rule 28 (4) of the Agricultural Produce Markets Rules, 1940).
Name of the marker ……………………………………………………………...
Auction of Agricultural produce described in application No ………………….
………………………….. belonging to ………………… held on ……………..
………………………….. at auction depot No …………………………….
Name of the bidder, with
Parentage caste residence and
License number if any
1 to 10
Signature of the bidder
Bid made whose did is
Accepted
Auction started at ………………………………… a,m /pm
Auction Started at ………………………………
a.m / p m
Signature of the auctioneer ………………………………………………………
Signature of the broker if any with license No…………………………………
Signature of the seller ………………………………………………………….
Signature of the buyer …………………………………………………………..
Signature of the committee’s secant, if any ……………………………………...
FORM - H
Receipt Book of firm ……………………………………………..
License No………………………………………………………..
(1)
Name, parentage caste residence and
i address of the owner of the
agricultural produce
(2)
………………………
Name parentage caste residence and full
address or license no if any of the buyer.
………………………
(3)
Nature of Agricultural produce sold
………………………
(4)
Total weight of Agricultural produce.
………………………
(5)
Rate at which sold.
(6)
Total value of Agricultural Produce sold.
………………………
(7)
Adjustment of weight
………………………
………………………
(8)
Details of expenses and other charges
………………………
Date and Signature of the
Commission agent/buyer
N.B.- The above form will have its foil and counterfoil
“The Columns under Receipt foil k will exactly be the same as those under
Recipe counterfoil.
FORM - H-A
Return of Daily Purchase and Sales
(Rules 30 (1) of the agricultural Produce Markers Rules 1940)
Date……………………………………….Marker Committee…………………
Name of dealer ………………………………..
No of License…………………………………..
Serial
No.
Commo
dities
1
2
Purchased
Total
Rate of
Weight
Purchase
3
4
Sold
Total
Rate of
weight
Sale
5
6
Remarks
7
FORM - I
FORM - I
Counter foil of Receipt
Receipt for Money Paid
(Rules 29 (8) of the Agricultural
(Rules 29 (8) of the Agricultural
Produce marker Rules 1940
Produce marker Rules 1940
Notified marker Area
Notified marker Area…………………
………………...
Book No ……… Receipt
Book of payment…………………….
No………….
Amount paid ………………………… Date of payment………………………
Nature of payment ………………….
Nature of payment……………………
Name parentage caste residence or
Name parentage, caste, residence or
license No if any of person on whose
License no if any of the person on
behalf the payment is made…………
Whose behalf the payment is
…………………………………………
Made……………………………….
……………………………………..
Name and designation of the person
Name and designation of the person
Receiving payment………………….
Receiving payment …………………..
Signature of the person receiving
Signature of the person receiving
Payment……………………………… Payment…………………………….
Initials of the checking authority with
The date of so doing ……………….
SIND MARKER COMMITTEE UNIFIED GRADE SERCICE
RULES 1983
1.
(1)
These rules may be called the Sind Marker Committees Unified Grade
Service Rules , 1983
(2)
They shall come into force at once Definitions
2.
In these rules unless the context otherwise requites the following expressions shall
have the meanings hereby respectively assigned to them that to say –
(a)
Act means the Agricultural Produce Marker Act 1939
(b)
Appointing Authority means in relation to a post below grade 17 the Director
general and in relation to a post in grade 17 the Secretary industries and Mineral
Development Department
(c)
(d)
Bureau means the Bureau of supply and prices Sind:
Direction general means the Director General of the B.P.S. time to
2.
time by the government for its employees which shall be applicable to the
members of service.
(e)
Basic Scale means a basic scale of pay sanctioned from time by the
government for its epees which shall be applicable to her members of service
(f)
(h)
Initial appointment means the appointment made otherwise than by promotion
post means a post in the service
(i)
Promotion Committee means the promotions committee contoured
under these rules
(j)
(k)
(I)
Schedule means the schedule to these rules
Selection committee means the Selection Committee Constituted
under these rules
Section means a section of the Act
(m)
Service means the Sind marker Committees unified Grade
Service means the Sindh marker Committees Unified Grade
Service construed under section 16
3.
All persons working immediacy before the coming into for of these rules against
the post included in the Secrecies shall be dame to be the members of the service.
4.
Appointment to a post shall be made by promotion from amongst the members of the Service on
seniority-cum-fitness basis or by initial recruitment on the basis of the method of recruitment
prescribed, hereunder.
5.
There shall be constituted by the Government one or more promotion committees and Selection
committees and each such Committee shall consist of at least three members, one of whom shall be
appointed as its Chairman.
(2)
Appointment to a post shall be made by promotion on the recommendation of
the Selection committee: Provided that where the appointing authority for basic scale
16 and below does not accept the recommendation of the Promotion & Selection
Committee, it shall record the reasons there of and obtain orders of the next higher
authority.
6.
(1)
For the purpose of appointment by promotion a list of seniority
of all members of the service in their respective caders shall be maintained by the
bureau and the names of the persons for promotion shall be furnished to the
Promotion Committee in accordance with their seniority along with their service
record relevant to the determination of their fitness.
(2)
The promotion committee shall, after scrutinizing the record and making such
inquiries as it deems fit, make its recommendations to the appointing authority.
APPOINTMENT BY INITIAL RECRUITMENT
7.
(1)
All posts to be filled in by initial recruitment shall first be
advertised in at least two daily newspapers by the Director General and on receipt of
the applications, the Selection committee shall be required to consider the suitability
of the candidates by subjecting them to a written test or interview and to make
recommendation of the names of candidates fit for appointment in the order of merit.
(2)
No person shall be appointed to the Service by initial appointment who is less
than eighteen years or more than twenty five years of age provided that the upper age
limit may be relaxed by the relaxed by the appointing authority up to five years and
by the Government.
Explanation: - For the purpose of upper age limit under this rule—
(a)
In the case of a person whose Service under the Government has been terminated for
want of vacancy, the period of service already rendered by him shall be excluded
from his age.
(b)
In the case of ex-fence personnel, the interval between the date of his release from the
defense forces of Pakistan including the Mujahid force and the date of re-employment
in Civil Department, subject to a maximum of seven years and the whole of the period
of service rendered by him in such forces shall be excluded from his age.
(3)
No. Person shall be appointed to a post in the Service by initial appointment
unless he possesses the qualifications prescribed for the piston the scheduled.
(4)
No person not already in the service of Government or belonging to the Sindh
Councils Unified Grades Service shall be considered for appointment to a post by
initial recruitment unless he produces character certificates from civil secants in B-S
17 or above not being his relatives.
(5)
A candidate for appointment to the service by initial recruitment shall b e a
citizen of Pakistan and a domicile of the porcine of Sindh
PROBATION.
8. A person appointed to a post by initial recruitment shall be on probation for two years
and adperson appointed otherwise shall be on probation for one year.
CONFIRMATION.
9. Confirmation in permanent and clear cant post shall follow successful completion of
probationary period and passing of such examination to under going such training as
may be prescribed by the Bateau with the approval of the Government.
SENIORITY.
10. (1)
The seniority of a member of the Service shall be reckoned from the date of
his continues appointment in cader.
(2)
There shall be separate seniority list of the members of the Service in each
cader and for whom appointment same qualification and experience are liad down.
(3)
The inter-se-seniority of the members of the Service shall be determined.
(a)
In the case of persons, appointed by initial recruitment in the order of merit
assigned by the Selection Committee provided that a person selected earlier shall rank
senior to that selected later.
(b)
In the case of persons, appointed by promotion on the basis of their inter-seseniority in the lower post.
(c)
In the case of persons appointed by initial recruitment vis-à-vis persons
appointed by promotion in a batch or on the same date on the basis that persons
appointed by promotion shall rank senior to those appointed by initial recruitment.
(d)
In the case of person not covered otherwise on the basis that older in age shall
rank senior to the younger.
(4).
Nothing herein contained shall be construed to affect the inter-se-seniority of
such members of the service determined in accordance with such rules or orders, if
any; as were applicable to them before the commencement of these rules;
(5).
The appointing authority shall, in the month of January, every year, cause to
be prepared or, as the case may be, revise the seniority list under sub-rule (1).
(6).
A member of the Service, who is not promoted on his turn on the ground that.
(a)
His seniority is under dispute or is not determined; or
(b)
He is on deputation, training or leave;
(c)
Disciplinary proceedings are pending against him or;
(d)
He is not considered fit for promotion for any reason other than his un-fitness
for promotion; shall, on subsequent promotion, subject to any order made by
the competent authority in this behalf for the purpose of inter-se-seniority in
the higher cader, be deemed to have been promoted on the same date as his
junior.
11. Annual Confidential Reports of the members of the service shall be written and
countersigned in the same manner as prescribed for the civil servants
*12. (1) Gratuity. A member of the service who has after the constitution of the service
ceased to be such member on account of superannuation, compulsory or voluntary
retirement, termination, removal, resignation, invalidation or death, but not on
account of dismissal, and has before so ceasing completed five years service in the
case of invalidation of invalidation or death and ten years service in other case, shall
be entitled to receive gratuity at the rate of one month’s pay last drawn for each
completed year of service.
Provided that the member of the service who has been removed or retired
compulsorily after completing fifteen years of services shall be entitled to two-third of
the total amount of the gratuity.
Provided further that the amount of gratuity shall not exceed one lac of rupees.
(2) In the case of the death of a member of the service, the amount of the gratuity shall be paid to the
nominee if any, of the deceased for distribution amongst the heirs, and if there be no nominee, to the
heirs of the deceased.
“SCHEDULE”
Serial
No.
Name of the post with scale
1.
Secretary “A” Class Market Committee
B.P.S.-17
2. Secretary “B” Class Market Committee
B.P.S.-16
3. Secretary “C” Class Market Committee
B.P.S.-15
4.Secretary “D” Class Market Committee
B.P.S.-16
5.Secretary Officer “A” Class Market Committee
B.P.S.-13
6.Secretary “B” Class Market Committee
B.P.S.-13
7.Office Superintendent “A” Class Market Committee
B.P.S.-13
Minimum Qualification for Initial Recruitment
M. Sc. Agricultural Economics or M.A. (Economics) at least Second Division from a
recognized University.
M. A. (Hons) Agricultural Economics or graduate (with Commerce or Economics) at
least 2nd Division from a recognized University with three years experience in
Agricultural Marketing.
Graduate at least 2nd Division from a recognized University with three experiences
in Agricultural Marketing.
Graduate at least 2nd Division from recognized University with two years
experience in Agricultural Marketing.
B.Com. at least 2nd Division from recognized University with five years experience
accounts.
B. Com. at east 2nd Division from a recognized University with three years
experience accounts.
Graduate at least Second Division from a recognized University with five years
Office experience.
1
2
8. Office Assistant “A” & “b” Class Market Committee,
P.B.S.-11
9. Chief Inspector “A” Class Market Committee
P.B.S.-15
10.Chief Inspector “B” Class Market Committee
P.B.S.-14
11. Chief Inspector “C” Class Market Committee
B.P.S.-13
12. Inspector “A” & “b” Class Market Committee
B.P.S.-13 & 12
13. Inspector “C” Class Market Committee
B.P.S.-11
14. Sub-Engineer (overseer) “A” Class Market Committee
B.P.S.-14
3
Graduate at least Second Division from a recognized University.
B. Sc. (Hons) Agricultural Economics 5or graduate at least 2nd Division from a
recognized University with four years experience in Agricultural Marketing.
B. Sc. (Hons) Agricultural Economics or graduate at least 2nd Division from
recognized University with three years experience in Agricultural Marketing.
B. Sc. (Hons) Agricultural Economics or graduate at least 2nd Division from
recognized University with two years experience in Agricultural Marketing.
B. Sc. (Hons) Agricultural Economics or graduate at least 2nd. Division from
recognized University with two years experience in Agricultural Marketing.
Graduate ate least 2nd Division in Agricultural Economics or Commerce as one of
the subject, from a recognized University.
Diploma (3 years Course) in Civil Engineering at least 2nd Division from a
recognized Institutions.
SIND MARKET COMMITEE UNIFIED GRADE SERVICE
EMPLOYEES
(EFFICIENCY AND DISCIPLINE RULES 1983)
1.
Short title, commencements and application-(1) These rules may be called the Sind
Market Committees Unified Grade Service (Efficiency and Discipline Rules, 1983.
(2)
They shall come into force at once.
(3)
they shall apply to all members of the service.
2. In there rules unless the context otherwise requires, the following expressions shall
have the meanings hereby respectively assigned" to them:(1) "Accused" means a member of the service against whom action is taken under
these rules;
(2) "Authority" means the Government or appointing authority of Sindh Market
Committee Unified Grade Service;
(3) "Authorized Officer means any person or authority authorized by the authority
to perform functions of an authorized officer under these rules;
(4) "Market Committee" mean a market committee constituted under these rules;
(5) "Misconduct" mean conduct prejudicial to good order of service discipline or
unbecoming of an officer and a gentleman and includes any act on the part of a member
of the service to bring or attempt to bring political or other outside influence directly or
indirectly to bear on the Government or any Government officer or the Market
Committee in respect of any matter relating to the appointment, promotion, transfer,
punishment, retirement or other conditions of his service;
(6) "Penalty" means a penalty which may be imposed under these rules; and
"Service" means the Sindh Market Committees Unified Grade Service
constituted under the Agricultural Produce Markets Act, 1939.
3. Grounds for penalty-(1) Where a member of the service in the opinion of the
authority;
(a) is inefficient or has ceased to be efficient; or
(b) is guilty of misconduct; or
(c) is corrupt or may reasonably be considered corrupt because:
(i) he is or any of his dependents or any other person through him or on his behalf is, in
possession (for which he cannot reasonably account) of pecuniary resources or of
property disproportionate to his known sources of income; or
(ii) he has assumed a style of living beyond his ostensible means; or
(iii) he has a persistent reputation of being corrupt; or
(b) is engaged, or is reasonably suspected of being engaged, in subversive activities, or is
reasonably suspected of being associated with others engaged in subversive activities or
is guilty of disclosure of official secrets to any unauthorized person, and his retention in
service is therefore prejudicial to national security, the authority may impose on him one
or more penalties.
(2) the following are the minor and major penalties namely:(a) Minor penalties---(i) Censure;
(ii) withholding, for a specific period promotion or increment, otherwise than for
unfitness for promotion or fanatical advancement, in accordance with the rules or orders
pertaining to the service or post.
(iii) stoppage, for a specific period, at an efficiency bar in the time scale, otherwise than
for unfitness to cross such bar;
(iv) recovery from pay of the whole or any parts of any pecuniary loss caused to
Government or market Committee by negligence or breach of orders;
(b) Major Penalties-(i) Reduction for a specific period to a lower post or time scale or to a lower stage in a
time scale;
(ii) Compulsory retirement;
(iii) removal from service; and
(iv) dismissal from service.
(3) Removal from service does not, but dismissal from service does, disqualify for future
employment.
(4) In the rule removal or dismissal from service does not include the discharge of
person--
(a) appointed on probation, during the period of probation or in accordance
with the probation or training rules applicable to him; or
(b) appointed, otherwise than under a contract, to hold a temporary
appointment, on the expiration
of the period of appointment; or
(c) engaged under a contract, in accordance with the terms of the contract.
4.
(1) If in the opinion of the authorized officer, there are sufficient grounds for
proceeding against the members of the service under these rules he shall take action in
accordance with rule 5.
(2) Notwithstanding anything contained in these rules the authority may in any
case exercise all powers of authorized officer or give any direction to the authorized
officer as if may deem fit.
5.
Inquiry procedure:- the following procedure shall be observed when a member of
service is proceeded against under these rules:(1) In case a member of service is accused of subversion, corruption or
misconduct, the authorized officer may require him to proceed on leave or, with the
approval of the authority, suspend him provided that any continuation of such leave or
suspension shall require approval of the authority, after every three months.
(2) The authorized officer shall decide whether in the light of facts of the case or
the interests of justice an inquiry should be conducted through an Inquiry Officer or
Inquiry Committee. If he so decides, the procedure indicated in rule 6 shall apply.
(3) If the authorized officer decides that it is not necessary to have an inquiry
conducted through an inquiry Officer or Inquiry Committee, he shall(a) by order in writing, inform the accused of the action proposed to be taken
in regard to him the grounds of the action; and
(b) give him a reasonable opportunity of show sause against that action:
Provided that no such opportunity shall be given where the authority is
satisfied that in the interest of the security of Pakistan or any part there of it is not
expedient to give such opportunity.
(4) On receipt of the report of the Inquiry Officer or Inquiry Committee or where no
such officer or committee is appointed on receipt of the explanation of the accused, if
any, the authorized officer shall determine whether the charge has been proved and-(a) if it is proposed to impose a minor penalty, he shall pass order accordingly;
(b) if it is proposed to impose a major penalty, he shall forward the case to the authority
alongwith the charge and statement of allegation served on the accused the explanation of
the accused, the findings of the Inquiry Officer or Inquiry Committee, if appointed, and
own recommendations regarding the penalty to be imposed, and the authority shall pass
such orders as it may deem proper.
(5) the order passed by the Authority or the authorized officer shall, alongwith a copy of
the enquiry report, if any, be communicated to the accused within fifteen days of such
orders;
(6) If two or more members of the service are proceeded against jointly, the authority or
authorized officer in respect of the senior most member amongst them shall be the
authority or authorized officer as the case may be in respect of all such members.
6. Procedure to be observed by the Inquiry officer and Inquiry Committee.
(1) Where an Inquiry officer Or Inquiry committee is appointed, the authorized officer
shall;
(a) frame a charge and communicate it to the accused together with statement of the
allegations
explaining the charge and or any other relevant circumstances which are
proposed to be taken into consideration;
(b) require the accused within a reasonable, time which shall not he less than seven
days or more than
fourteen days from the day charge has been communicated to him put in a
written defence and to
state at the same time whether he desires to be heard personally.
(2)
The inquiry Officer or the Committee, as the case may be, shall enquire into the
charge and may examine such oral or documentary evidence in support of the charge or
in defence of the accused as may be considered necessary and the accused shall be
entitled to cross-examine the witness against him.
(3) The Inquiry Officer of the Committee, as the case may be shall hear the case from
day to day and no adjournment shall be given except for reasons to be recorded in
writing and where any adjournment is given -(a) it shall not be for more than a week;
(b) and the reasons thereof shall be reported forthwith to the authorized officer
(4) Where the Inquiry Officer or the Committee, as the case may be is satisfied that the
accused is hampering, or attempting to hamper, the progress of the enquiry he or it shall
administer a warning, and if thereafter he or it is satisfied that the accused is acting in
disregard of the warning, he or it shall record a finding to that effect and proceed to
complete the inquiry in such manner as he or it thinks best suited to do substantial justice.
(5) the inquiry Officer or the Committee, as the case may be shall within ten days of
the conclusion of the proceeding or such longer period as may be allowed by the
authorized officer, submit his or its finding and the grounds there of to the authorized
officer.
7. Powers of Inquiry Officer and Inquiry Committee:-(1) for the purpose of an inquiry
under these rules, the Inquiry Officer and enquiry committee shall have the powers of a
Civil court trying a suit under the Code of Civil procedure, 1908 (Act V of 1908) in
respect of the following matters, namely:(a) Summoning and enforcing the attendance of any person examining him on
oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for the examination of witness documents.
(2) The proceeding under these rules shall be deemed to be judicial proceeding within
the meaning of section 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).
8. Rule not to apply in certain cases:(a) where the accused has been convicted by a court and sentenced to
imprisonment or fine on charges involving moral turpitude, in which case the competent
authority shall on receipt of intimation of the conviction, make an order dismissing or
removing the accused from service or reducing him in rank as it deems fit; provided that
in case of conviction on charge of corruption on charge of corruption the accused shall be
dismissed from Service.
9. Procedure of inquiry against persons lent to Government or local or other Authority:(1) Where the services of a person to whom these rules apply are lent to Government
or to a local or other authority in this rule referred to as the borrowing authority, the
borrowing authority, shall have the powers of the authority or the purpose of placing him
under suspension or requiring him to proceed on leave and initiating proceedings against
him, under these rules;
Provided that the borrowing authority shall inform the authority which has lent
his services, hereinafter in this rule referr3ed to as the lending authority, of the order of
his suspension or the commencement of the proceedings, as the case may be:
Provided further that the borrowing authority shall obtain prior approval of
government before taking any action under these rules against a member of service;
(2) If, in the light of the findings in the proceeding taken against the member of the
service in terms of sub rule (1) the borrowing authorities of opinion that any penalty
should be imposed on him, it shall transmit to the lending authority the record of the
proceedings and thereupon the lending authority shall take action as prescribed in
these rules.
10.
(1) A member of the service aggrieved by an order of the authorized officer or
authority may, within thirty days from the date of the order appeal to
Government:
Provided that where the penalty is imposed by Government there shall be
no appeal but the aggrieved person may apply for review of the order.
Explanation:- For the purposes of this sub-rule the period of thirty days shall be
reckoned with effect from the day following the day on which the order appealed against
is communicated to member of the service.
(2) Government shall, on receipt of the appeal, call for the record of the case from
the authorized office or the authority, as the case may be and after perusal of such record
and if considered necessary hearing the appellant may be make such order as it may
deem fit:
Provided that if that Government propose to enhance the penalty it shall give
the appellant reasonable opportunity to show cause against the enhancement of the
penalty.
SIND MARKET COMMITTEE
UNIFIED GRADE EMPLOYEES
LEAVE RULES 1986
1.
(1) These rules may be called the “Sind market Committees unified
Grade Leave Rules, 1986.
(2) They shall come into force at one.
(3) They shall apply to all employees.
2.
Unless there is anything repugnant in the subject or context: (a) “Act” means the Agricultural Produce Markets Act, 1939;
(b) “Competent authority” means the appointing authority of the employees or the
authority designated by virtue of delegation or authorization to exercise
powers under these rules;
(c) “Director General” means the Director General, Bureau of Supply and Prices,
Sind;
(d) “duty rendered” means the period of duty rendered by an employee in terms of
calendar months;
(e) “Earned leave” means the leave earned by an employee in accordance with
these rules together with the balance of such leave accumulated or debited to
the employee before the coming into force of these rules;
(f) “Employee” means a member of the said service;
(g) “Form” means a form appended to these rules;
(h) “Leave Account: means the account of the earned leave and the leave granted
there from maintained in form-II by the Director General of the Bureau of
Supply and Prices, sind;
(i) “Service” means the Sind Market Committees Unified Grade Service.
3.
No leave can be claimed as a matter of right and the competent authority may,
where the exigency of service to require, refuse or revoke leave of any description.
4.
Leave shall be applied for, expressed and sanctioned to an employee, by the
competent authority in terms of days.
CHAPTER-II. EARNED LEAVE
5. The duty rendered by an employee shall qualify him to earn leave in accordance
with these rules.
6. (1)
the earned leave shall be calculated at the rate of four days for every
calendar month of the period of duty rendered and credited to the leave account as
“Leave on Full Pay” and duty period of fifteen days or less in a calendar month
being ignored and those or more than fifteen days being treated as a full calendar
month for the purpose,
Provided that all leave earned by an employee immediately before the coming
into force of these rules on average pay and accumulated plus half of the leave earned on
half average pay and accumulated shall be brought forward to the leave account as earned
leave.
(2) If an employee proceeds on leave during a calendar month and returns
from it during another calendar month and the period of duty in either month is more
than fifteen days the leave to be credited for both the incomplete months shall be
restricted admissible for one full calendar month only.
(3) the earned leave admissible to an employee shall be calculated up to the
date of the grant of leave and at the end of every calendar year for that year and after
deducting the leave availed of from leave admissible, the balance shall brought forward
to the account for the calendar year immediately following thereafter.
(4) when an employee returns from leave not due, no leave on full pay shall
become due to him until the leave not due and availed of is balanced by the earned
leave.
7. The maximum period of leave on full pay that may be granted at one time shall be:
(a) One hundred and twenty days without medical certificate; and
(b) One hundred and eighty days with medical certificate.
8.
(1) Except other wise stated, and application in form I for leave or for an
extension of leave shall be made to the Chairman of the Market Committees where the
employee is employed.
(2)
an employee may apply for the type of leave which is due and
admissible to him and it shall not be refused on the ground that another type of leave
should be taken in the particular circumstances.
9.
(1) On receipt of an application for grant of leave the admissibility thereof
shall, as for as possible, be assessed from the leave account of the employee before the
leave is granted.
(2) Leave may be granted by the competent authority.
(3)
In case where all the applications for leave cannot, in the interest of
public service, be sanctioned simultaneously, the competent authority may consider as
how many applicants cam, for the time being be spared, and shall give priority to: (4)
when an employee returns from leave not due, no leave on full pay shall
become due to him until the leave not due and availed of is balanced by the earned leave,
7.
be: -
The maximum period of leave on full pay that may be granted at one time shall
8.
(1) Except other wise stated, and application in form I for leave or for an
extension of leave shall be made to the Chairman of the Market Committees where the
employee is employed.
An employee may apply for the type of leave which is due and admissible to him and it
shall not be refused on the ground that another type of leave should be taken in the
particular circumstances.
9.
(1) On receipt of an application for grant of leave the admissibility thereof shall
as for as possible be assessed from the leave account of the employee before the leave is
granted.
(2) Leave may be granted by the competent authority.
(3) In case where all the applications for leave cannot, in the interest of public
service, be sanctioned simultaneously, the competent authority may consider
as how many applicants can, for the time being be spared, and shall give
priority to; (a) The applicants who were last recalled compulsorily from leave; and
(b) The applicants who were required to make adjustment in the timing of their
leave on the occasion to the instant time.
10. (1) Leave on full pay may be converted into leave half pay on the request of the
employee, but the debit to the leave account shall be at the rate of one day for
every two days of such leave fraction of one half counting as one full day’s leave
on full pay.
(2) There shall be no limit on the grant of leave on half pay so long as it is
available by conversion.
11. Leave may be granted ex-Pakistan on full pay to an employee, who applies for
such leave or who proceeds abroad firing leave and makes a specific request for
leave to be enjoyed ex-Pakistan.
12. If at any time there is no leave at the credit of an employee and the employee is
likely not due on full pay to be offset against leave to be may be granted leave not due on
full pay to be offset against leave to be earned in future for a maximum period of 265
days in the entire period of service, subject to the condition that during the first five years
of service such leave shall not exceed 90 days in all, and the aforesaid limit shall be
subject to conversion in accordance with these rules if the whole or any part of such leave
is granted on half pay.
13. (1) Subject to the availability, and employee may be granted leave preparatory to
retirement on full pay from the leave account to a maximum of 365 days ending on the
date of superannuating or on the date of voluntary retirement or on completion of thirty
year qualifying service and convertible parly or wholly into leave on half pay. But the
duration of the total leave including the actual period of leave on half pay, if any shall not
exceed 365 days.
(2) Application for leave preparatory to retirement shall be submitted at least
120 days before the date of the proposed commencement of the leave.
CHAPTER-III OTHER TYPES OF LEAVE
14. A female employee shall be granted maternity leave on full pay for a maximum
period of ninety days ending on the fortieth day of confinement, and the leave after that
day or the period exceeding ninety days up to that day shall be treated as leave admissible
to and desired by the employee:
Provided that earned leave may granted in lieu of the maternity leave after the
third maternity.
15.
(1) A female employee shall, on the death of her husband, be granted special
leave when applied for on full pay, for a period not exceeding 180 days, which shall not
be debited to her leave account.
(2) The special leave shall commence from the date of the death of the husband
of the employee and the employee shall furnish the death certificate to the competent
authority either along with the application for special leave or, if that is not possible, at
any time thereafter.
16. Disability leave may be granted to an employee disabled by injury, aliment or
disease contacted in the course or in consequence of duty, outside the leave account on
such occasion, up to a maximum of seven hundred and twenty days of which 180 days
shall be on full pay and the remaining on half pay on such medical advice as the
competent authority may consider necessary.
17.
(1) Extra-ordinary leave may be granted on any ground up to maximum of
five years at a time : provided the employee to whom such leave is granted has been in
continuous service for a period of not less than ten years, and in case if an employee who
has not completed ten years of continuous service extra-ordinary leave for a maximum
period of two years may be granted at the discretion of the competent authority;
Provided that the maximum period of five years shall be reduced by the period
of leave on full pay or half pay, if granted in combination with the extra-ordinary leave.
(2) Extra-ordinary leave may be granted retrospective in lieu of absence without
leave.
18. (1) If leave preparatory to retirement cannot for reasons of public service be
granted to an employee or the employee opts at least ninety days before the
commencement of such leave not to avail of the same, the employee shall be allowed
encashment of half the leave preparatory to retirement, provided that such encashment
shall not exceed one hundred and eighty days.
(2) For the leave so encased the employee shall in addition to his salary be
paid leave pay in lump sum at the time of retirement or for thirty days after month by
presenting arrears bills, a month being counted as consisting of thirty days
19. In case an employee on leave preparatory to retirement dies before completing
180 days of such leave, his family shall be entitled to lump sum payment equal to period
falling short of one hundred and eight days.
20. In case an employee dies while in service, lump sums payment of full pay up to
130 days out of the leave at his credit shall be made to his “family” as defined for the
purpose of family pension.
21. If an employee is recalled to duty compulsorily, with the personal period of
leave draw the pay or half-pay as the case may be, and all allowances admissible to such
employee immediately before proceeding on such leave.
22. If an employee is recalled to duty compulsorily, with the personal approval of
competent authority from leave of any kind that he is spending away from his headquarters, he may be granted a single return fare plus daily allowance as admissible on
tour from the station where he is spending his leave to the place where he is required to
report, for duty:
Provided that if the employee is recalled to duty at the headquarters and his
remaining leave is canceled, the fare then admissible shall be for one-way journey only.
23. An employee who remains absent after the expiry of his leave shall not, unless
the leave is extended by the competent authority, be entitled to any remuneration for the
period of such absence, and besides any disciplinary action that may be taken against
such employee, doubt any period of such absence shall be debited against the leave
account of such employee and such debt shall, if there is insufficient credit in the leave,
be adjusted as leave not due.
24.
Any type of leave may be combined with joining time or with any other type
of leave otherwise admissible to the employee.
Provide that leave preparatory to retirement shall not be combined with
any other kind of leave.
25. Notwithstanding any date or dates mentioned in the orders granting any type
of leave, the leave shall commence from the day following the day on which the
employee hands over charge of the post held by such employee and on the day
proceeding the day on which employee resumes duty.
26. Unless the employee is permitted to do so by the authority which sanctioned
the leave such employee may not return on duty before the expiry of the period of leave
granted to such employee.
27.
(1) An employee proceeding on leave shall hand over the charge of his
post, and if he is in Basic scale-16 and above, he shall, while handing over charge of the
post sign the charge relinquishing report.
(2)
If leave ex-Pakistan has been sanctioned on medical grounds, the
employee shall take abroad with him a copy of the medical statement of his case.
28. (1) An employee, on return from leave, shall report for duty to the authority
that sanctioned his leave and assume charge of the post to which he is directed by that
authority unless such direction has been given to him in advance.
(2) In case an employee is directed to take charge of a post at a station other
than that from where he proceeded on leave, travel expenses as on transfer shall be
payable to him.
29. Leave account in respect of an employee shall be maintained in form II as part
of his service book.
30. All leave at the credit of an employee shall lapse when he quits service.
31. (1) An employee employed in a non-continuous establishment may be granted
only earned leave and disability leave as admissible to him, and subject to the conditions
laid down for an employee employed in a continuous establishment, and no other kind of
leave shall be admissible to such employee.
(2) An employee who is transferred from a non-continuous establishment to
continuous establishment and vice-versa shall carry forward the balance of earned leave
at credit on the date of his transfer.
Explanation:
in this rule “Non-continuous establishment” means an
establishment, which does not function throughout the year, and “Continuous
establishment means an establishment which function throughout the years.
Leave Rules 1986
FORM – I
(See rule 8 (1))
G.P.R. 13.
APPLICATION FOR LEAVE
1.
2.
3.
4.
Name of applicant.
Post held.
Office.
(a) Nature of Leave applied for
(b) Period of leave in days
(c) Intended date of commencement
5. Particular rule or rules under which the leave is admissible.
6. (a) Date of return from last leave.
(b) Nature of the last leave.
(c) Period of last leave in days.
Dated:
Signature of applicant.
7. Remarks and recommendation of the immediately superior Officer. Certified that
leave applied for
is admissible under Rule _______ and necessary conditions are fulfilled.
Dated:
Signature of the immediately
Superior officer.
Designation.
8. Orders of the sanctioning authority certifying that on the expiry of leave the
applicant is likely to re
Return to the same post or another post carry the compensation allowances being
drawn.
Dated:
Signature
Designation.
SERVICE BYE-LAWS
OF MARKET COMMITTEES EMPLOYEES
1. (1) These Bye-Laws may be called the “Market Committee Employees Service
Bye-Las, 1984”
(2 They shall come into force at once.
(3) They shall apply to all employees.
2. In these Bye-laws, unless the context otherwise requires, the following expressions
shall have the meanings hereby respectively assigned to them that is to sayDEFINITIONS
(a) “APPOINTING AUTHORITY” means the market committee;
(b) “CHAIRMAN” means the Chairman of the Market Committee
(c) “EMPLOYEE” means and employee of the Market Committee other than a
member of the Sindh Market Committee unified Grade;
(d) “INITIAL APPOINTMENT” means the appointment made otherwise than
by promotion;
(e) “MARKET COMMITTEE” means the _____________Market Committee;
(f) “POST” means a post in the Market Committee in Basic Scale 10 or below;
(g) “SCHEDULE” means the schedule to these bye-laws;
(h) “SELECTION COMMITTEE” means the selection committee constituted
under these Bye-laws.
METHOD OF APPOINTMENT
3. Appointment to a post shall be made by promotion or by initial appointment on the
recommendations of the selection committee in accordance with these bye-laws.
SELECTION COMMITTEE
4. For the purpose of selection for appointment by promotion or initial appointment
the Market Committee may constitute a selection committee consisting of at least
three members, one of whom shall be the Vice Chairman of the Committee.
APPOINTMENT BY PROMOTION
5.
(1) For the purpose of appointment by promotion the names of the
employees shall be furnished to the selection Committee in accordance with their
seniority along with their service record relevant to the determination of their fitness.
(2) The Selection committee shall, after scrutinizing the record and
marking such inquiries as it deems fit, make its recommendations to the market
Committee.
APPOINTMENT BYT INITIAL RECRUITMENT
6.
(1) All post to be filled in by initial appointment may be advertised
in at leas two newspapers by Chairman and on receipt of the applications, the
Selection committee shall be required to consider the suitability of the candidates
by subjecting them to a written test or interview or both and to make
recommendation of the names of candidates fit for appointment in the order of
merit.
(2) A candidate for appointment to a post by initial recruitment shall be a
citizen of Pakistan domiciled in the district and shall possess the minimum
qualification specified in the Schedule.
(3) No person shall be appointed to a post by initial appointment who is
less than eighteen years or more than twenty five years of age; provided that the upper
age limit may be relaxed by the Market Committee up to two years.
CHARACTER AND MEDICAL CERTIFICATES
7. no person, not already in the service of Government or statutory body shall be
appointed to post unless(i) He produces a certificate of character from two responsible persons
(not being his relatives) who are well acquainted with such person;
(ii) After such medical examinations the Market Committee may prescribe
he is found to be in good mental and bodily health and free from any physical defect
likely to interfere with the discharge of his duties.
ADHOC APPOINTMENT
8.
(1) when the appointing authority considers it to be in the public
interest to fill in a post urgently it may, pending selection of a candidate by the
Selection Committee, proceed to fill in such post on ADHOC basis for a period
not exceeding six months.
(2) the posts shall be advertised and the procedure laid down for initial
appointment shall be followed.
PROBATION
9. A person appointed to a post by initial appointment shall be on probation for
two years and a person appointed otherwise shall be on probation for one year.
Explanation: - Service on deputation to an equivalent or higher post shall count
towards the period of probation.
CURTAILMENT OR EXTENSION OF PROBATION PERIOD
10. The market committee may, for reasons to be recorded in writing.
(i) curtail the period of probation;
(ii) Extend the period of probation pending on one year at a Tim, and during or
on the expiry of the extended period, pass such orders as are passed during or on the
expiry of the initial probationary period, provided that if no orders are passed by the
day following the completion of(a) the initial probationary period the Period of Probation shall be deem to have
been extended by one year,
(b) the extended period of probation, the appointment shall be deemed to be
continued until further orders.
PASSING OF DEPARTMENTAL EXAMINATION
11. Where in respect of any post, the satisfactory completion of probation
includes
the passing of an examination test or course or successful completion of any
training specified by the Market Committee,, a person appointed on probation to
such post, who, before the expiry of the original or extended period of his
probation, has failed to pass such examination or test or to successfully complete
the course or the training shall, except as may be directed otherwise(a) If the was appointed to such post by initial appointment, be discharged; or
(b) If he was appointed to such post by promotion or transfer, be reverted to the
post from which he was promoted or transferred and against which he holds a lien or if
there be no such post, be discharged:
Explanation: - It no examination, course, or training is specified held the employee
shall be deemed to have completed his probationary period successfully.
CONFIRMATION
12. Confirmation of an employee in permanent post shall follow successful
completion of probationary period.
CONFIRMATION IN ORDER OF SENIORITY
13. Confirmation of an employee shall be made in the order of seniority in a permanent
post on which no other employee eligible for confirmation in more than one post
shall be confirmed first in the lower post and then in the higher post from the
dates he is due for confirmation in such posts.
ELIGIBILITY OF CONFIRMATION
15. If an employee becomes due for confirmation his confirmation shall not be deferred
unless a disciplinary action is pending against him or the Market committee for
reasons to be recorded in writing defers his confirmation Provided that if during
the deferment of the confirmation of an employee his junior become due for
confirmation, the post in which such senior employee is due for confirmation
shall be kept vacant and the junior employee shall be confirmed in the next
available post.
TERMINATION OF LIEN
16. On confirmation of an employee in a post, his lien, if any on any other post shall
stand terminated.
SENIOITY
17.
(1) In each post/cadre there shall be a separate seniority list of a group of
employee doing similar duties and performing similar functions.
(2) The seniority of an employee shall be reckoned from the date of his
continuous appointment in the post/cadre.
(3) The inter-se-seniority of the employee in a post/cadre shall be determined
(a) In the case of persons, appointed by initial appointment in the order of
merit assigned by the Selection Committee; provided that person selected
earlier shall rank senior to that selected later,
(b) In the case of persons appointed by promotion on the basis of their inter-seseniority in the lower grade;
(c) In the case of persons appointed by initial appointment vis-à-vis persons
appointed by Promotion in a batch or on the same date, on the basis that the
persons appointed by promotion shall rank senior to those appointed by initial
recruitment in the case of person not covered otherwise on the basis that order
in age shall rank senior to the younger in age.
(4) The Market committee shall, in the month of January every year, cause to
be prepared or, as the case may be, revised the seniority list under sub-bye-law
(1),
(5) An employee who is not promoted on his turn on the ground that(a) his seniority is under dispute or is not determined;
(b) He is on deputation, training or leave;
(c) Disciplinary proceedings are pending against him; or
(d) He is not considered fit for promotion for any reason other than his
unfitness for promotion; shall, on subsequent promotion and subject to any
order made by the Market Committee in this behalf for the purpose of inter-seseniority in the higher grade, be deemed to have been promoted on the same
date as his junior.
18. Gratuity (1) A member of the service who has after the constitution of the
service ceased to be such member on account of superannuating. Compulsory
OR voluntary retirement, termination, removal, resignation, invalidation or
death, but no on account of dis-missal, and has before a ceasing completed five
years service in the case of invalidation or death & ten years service in other
case, shall be entitled to receive gratuity at the rate of one month’s pay last
drawn for each completed year of service.
Provided that the member of the service who has been removed or retired
compulsorily after completing fifteen years of services shall be entitled to twothird of the total amount of the gratuity.
(2) In the case of the death of a member of the service. The amount of the
gratuity shall be paid to the nominee, if any, of the deceased for distribution
amongst the heirs, and, if there be no nominee, to the heirs of the deceased.
SCJEDULE
(See bye-law 2 (g))
Serial
Name of Post/Scale.
No
Initial Recruitment
1.
Office Assistant, BS-10
Minimum qualification for
2.
Senior Fee Collector, BS-8
“A” class market Committee
Graduate from a recognized
University.
Intermediate from a
recognized University.
3.
Inspector market Committee
BS-8 “c” Class Market.
Intermediate from a
recognized University.
4.
Typist, BS-5
5.
Junior Clerk BS-5
Metric with typing speed 35
W.P.M.
Metric with typing speed 25
W.P.M.
6.
Assistant Fee collector/
Auctioneer Bs-5
Metric.
7.
Dispatch Rider/Driver BS-4
Primary having driving
licenses vehicle/Motor Cycle
and experience of two years.
8. Daftri/Qasid, BS-I
Middle Class Preferably ExServiceman.
9. Nabi Qasid BS-I
Primary
10. Chowkidar, BS-I
Deleted
EFFICIENCY & DISCIPLINARY (E&D) BYELAWS OF
NON-UNIFIED EMLPOYEES MARKET COMMITTEES
1.
(1) These Byelaws may be called the Market Committee, non-unfilled,
Employees (Efficiency and discipline) Byelaws, 1985.
(2) They shall come into force at-once;
(3) The shall apply to all employees.
DEFINITIONS
2. In these byelaws unless the context otherwise requires, the following expressions
shall have the
meanings hereby respectively assigned to them that is to say: (a) ”Accused” means an employee against whom action is taken these byelaws;
(b) “Authority” means the market committee, or the appointing authority of the
employee.
(c) “Authorized Officer” means any person authorized by the authority to
perform the functions of an authorized officer under these byelaws.
(d) “Chairman” means the Chairman of the market committee.
(e) “Employee” means a servant of the market committee, other than a member
of the Sind market Committees Unified Grade.
(f) “Misconduct” means conduct prejudicial to good order of service discipline
or unbecoming of an officer and a gentlemen and includes any act on the part
of any employee to bring or attempt top bring political or other outside
influence directly or indirectly to bear on the market committee, Chairman or
any other person in respect of any matter relating to the appointment
promotion, transfer, punishment, retirement or other condition of his service.
(h) “Penalty” means a penalty which may be imposed under these byelaws.
3.
(1) Where in the opinion of the of the authority an employee is : (a) In-efficient or has ceased to be efficient.
(b) Guilty of misconduct; or
(c) Corrupt, or may reasonably be considered to be corrupt because: -
(1) he is, or any of his dependents or any other person through him or on his
behalf is, in possession (for which he can not reasonable account) of pecuniary
resources or property disproportionate to his known sources of income; or
(ii) He has assumed a style of living beyond his ostensible means; or
(iii) Has a persistent reputation of being corrupt;
(d) Engaged, or is reasonably suspected of being engaged, in subversive
activities, or is reasonably suspected of being associated with other engaged in
subversive activities or is guilty of disclosure of official secrets to any
unauthorized person, and his retention in the service is, therefore prejudicial to
national security. The authority may impose on him one or more penalties.
(2) The following are the minor and major penalties namely: (a) Minor penalties: (i) Censure;
(ii) Withholding, for a specific period, promotion or increment, otherwise than
for unfitness for promotion or financial advancement, in accordance with the
rules or order pertaining to the service or post;
(iii) Stoppage, for a specific period at an efficiency bar in the time scale,
otherwise than unfitness to cross such bar.
(iv) recovery from pay of the whole or any part of the pecuniary loss casued to
the market committee by negligence or breach of orders.
(b) Major penalties : (i) Reduction for a specific period to a lower post or time scale, or to a lower
stage in a time scale;
(ii) Compulsory retirement;
(iii) removal from service; and
(iv) dismissal from service;
3. Removal from service shall not, but dismissal shall disqualify the employee for
future employment with the market committee.
Explanation: - In this byelaw removal or dismissal from service does not include the
discharge of a person.
(a) Appointed on probation, during the period of probation or in accordance
with the probation or training rules applicable to him or,
(b) Appointed, otherwise than under a contract, to hold a temporary
appointment on the expiration of the period of appointment; or
(c) Engaged under a contract in accordance with the terms of the contract.
4.
(1) If in the opinion of the authorized Officer there are sufficient grounds for
proceeding against an employee under these byelaws (rule) he shall take action in
accordance with byelaws-5
(2) Notwithstanding anything contained in the byelaws the authority may, in
any case exercise all powers of the authorized offices or give any direction to the
authorized officer as it may deem fit.
INQUIRY PROCEEDINGS
5. The following procedure shall be observed when an employee is proceeded against
these
bye-laws.
(i) In case where an employee is accused of subversion corruption or
misconduct, the authorized officer may require him to proceed on leave with the
approval of the authority, suspend him; provided that any continuation of such leave or
suspension shall require approval of the authority after every three months.
(ii)The authorized officer shall decide whether in the light of facts of the case
or the interest of justice an inquiry committee, if he so decides, the procedure indicated
in byelaw 6 shall apply.
(iii) If the authorized officer decided that it this not necessary to have inquiry
conducted through an inquiry officer or inquiry committee, he shall.
(a) By order in writing, inform the accused of the action proposed to be taken
in regard to him and the grounds of the action; and
(b) Given him a reasonable opportunity of showing cause against that action,
provided that no such opportunity shall be given where the authority is satisfied that in
the interest of the security of Pakistan or any part thereof it is not expedient to give
such opportunity.
(iv) On receipt of the report of the inquiry officer or if inquiry committee is
appointed and on receipt of the explanation of the accused, if any, the authorized
officer shall determine.
(a) If it is proposed to impose a minor penalty. He shall pass order,
accordingly;
(b) If it is proposed to impose a major penalty, he shall forward the case to the
authority along with the charge and statement of allegations served on the accused, the
explanation of the accused, the findings of the Inquiry Officer or Inquiry committee, if
appointed and his own recommendation regarding the penalty to be imposed and the
authority shall pass such orders as it may deem proper, provided that the authorized
officer shall, subject to sub-clause (b) of clause (iii), before imposing a minor penalty
or recommending imposition of a major penalty, as the case may be by notice
accompanied by aforesaid penalty and the grounds therefore and call upon him penalty
should not be imposed or, as the case may be recommended and the reply, if any, to the
said notice shall be taken into consideration before imposing or recommending a
penalty.
(v) the orders passed by the authority or the authorized officer shall along with
a copy of the inquiry report if any be communicated to the accused with in fifteen days
of such order.
(vi) If two or more employee are proceeded against jointly the authority or
authorized officer in respect of the holder of the higher post amongst them shall be the
authority or authorized officer, as the case may be, in respect of all employees.
6.
(1) Where an inquiry officer or inquiry committee is appointed the authorized
officer shall(a) Frame a charge sheet and communicate it to the accused together with
statement of the allegations explaining the charge and or any other relevant
circumstances which are proposed to be taken into consideration;
(b) Require the accused within a reasonable time, which shall not be less than
seven days or more than fourteen days from the day the charge has been communicated
to him to put in a written defense and to state at the same time whether he desires to be
heard in person.
(2) The inquiry officer or the inquiry committee, as the case may be, shall inquiry into
the charge and may examine such oral or documentary evidence in support of the
charge or in defense of the accused as may be considered necessary, and the accused
shall be entitled to Cross-examine the with nesses against him.
(3) the inquiry officer or the inquiry committee, as the case may be shall hear the case
from day to day and no adjournment shall be given except for reasons to be recorded in
writing and where any adjournment is given: (a) It shall not be fore more than a week; an
(b) The reasons therefore shall be reported forth with to the authorized officer.
(4) where the inquiry officer or the inquiry committee, as the case may be is satisfied
that the accused is hampering or attempting to hamper the progress of the inquiry he or
it shall administer a warning and if there after he or it shall record a findings to that
effect and proceed to complete the inquiry in such manner as he or it thinks best suited
to do substantial justice.
(5) The inquiry officer or the inquiry committee, as the case may be, shall within ten
days of the conclusion of the proceeding or such longer period as may be allowed by
the authorized officer, submit his or its findings and the grounds there of the authorized
officer.
6. Nothing in bye-laws 5 shall apply to a case where the accused has been convicted
by a court and sentenced to imprisonment or fine on charges involving moral turpitude
in which case, the competent authority shall on receipt of intimation of the conviction,
make on order dismissing or removing the accused from service or reducing him in
rank as it deems fit; provided that in case of conviction on a charge of corruption the
accused shall be dismissed from service.
APPEAL
7. (1) An employee aggrieved by an order of the authorized officer or a authority
may within thirty days from the date of the order appeal to the Market committee,
provided that where the penalty is imposed by the apply for review of the orders.
Explanation: - For the purposes of this sub-bye-laws the period of thirty days shall be
reckoned with effect from the day following the day on which the order appealed
against is communicated to.
(2) The market committee shall, on receipt of the appeal, call for the record of
the case from the authorized officer or the authority as the case may be, and after
perusal of such record and after affording the opportunity of being heard to the
appellant and, if necessary the authorized officer or the authority, as the case may be,
make such order as it may deem fit;
provided that if the Market committee propose to enhance the penalty it shall
give the appellant reasonable opportunity to show cause against the penalty.
MODEL LEAVES BYE-LAWS OF
MARKET COMMITTEE
1989
In exercise of the powers conferred by section 28 of the agricultural Produce Market
Act, 1939, the Market Committee to make the following bye-laws namely: 1.
(1) These Bye-laws may be called the Sind Market Committee Non-unified
Grade leave Bye-laws 1989.
(2) They shall come into force at once.
(3) They shall apply to all employees.
2. Unless there is anything repugnant in the subject or context: (a) “Act” means the Agricultural Produce Market Act 1939.
(b) “Competent authority” means the appointing authority of the employee or
the authority designated by virtue of delegation or authorization to exercise powers
under these Bye-laws.
(c) “Chairman” means the member elected as Chairman under section 12;
(d) “Committee” means the market committee:
(d) “Duty rendered” means the period of duty rendered by the employee in
terms of calendar months:
(e) “Earned leave” means the leave earned by an employee in accordance with
these bye-laws together with the balance of such leave accumulated or
debited to the employee before the coming into force of these Bye-laws.
(f) “Employee” means a member of the said service;
(g) “Form” means a form appended to these bye-laws.
(h) “Leave” means the earned leave applied for or granted to an employee out
of his leave account.
(i) “Leave account” means the account of the earned leave and the leave
granted there from maintained in form-II by the Chairman Market
Committee.
(j) “Service” means the Sind Market Committees. Non-Unified Grade
Service.
3. No leave can be claimed as a matter of right and the competent authority may,
where the exigency of service so requires, refuse or revoke leave of any description.
4. Leave shall be applied for expressed and sanctioned to an employee by the
competent authority in terms of days.
5. the duty rendered by an employee shall qualify him to earn leave in accordance
with these bye-laws.
6.
(1) The earned leave shall be calculated at the rate of four days for every
calendar month of the period of duty rendered and credited to the leave account as
“Leave on full Pay” and duty period of fifteen days or less in a calendar month being
ignored and these or more than fifteen days being treated as a full calendar month for the
purpose: -
Provided that all leave earned by an employee immediately before the coming
into force of these bye-laws on average pay and accumulated plus half of the leave earned
on half average pay and accumulated shall be brought forward to the leave account as
earned leave.
(2) If an employee proceeds on leave during a calendar month and return from
it during another calendar month and the period of duty in either months is more than
fifteen days, the leave to be credited for both the incomplete month shall be restricted to
that admissible for one full calendar month only.
(3) The earned leave admissible to an employee shall be calculated up to the
date of the grant of leave and at the end calculated up to the date of the grant of leave and
at the end of every calendar year for that year and after deducting the leave availed of
from leave admissible the balance shall be brought forward to the leave account for the
calendar year immediately following thereafter.
(4) when an employee returns from leave not due, no leave on full pay shall
become due to him until the leave not due and availed of is balanced by the earned leave.
7.
The maximum period of leave on full pay that may be granted at one time shall be:
(a) One hundred and twenty days without medical certificate and.
(b) One hundred and eighty days with medical certificate.
8. (1) Except otherwise stated, an application in form-I for leave or for an extension
or leave shall made to the Chairman of the Market Committee where the employee
is employed.
(2) An employee may apply for the type of leave, which is due and admissible
to him, and it shall not be refused on the ground that another type of leave should be
taken in the particular circumstances.
9.
(1) On receipt of an application for grant of leave, the admissibility there of
shall, as for as possible, be assessed from the leave account of the employee before the
leave is granted.
(2) Leave may be granted by the competent authority.
(3) In case where all the applications for leave cannot, in the interest of public
service, be sanctioned simultaneously, the competent authority may consider as to how
many applicants can, for the time being be spared, and shall give priority to: (a) The applicants who were last recalled compulsorily from leave and.
(b) The applicants who were required to make adjustment in the timing of their
leave on the last occasion to instant time.
10.
(1) Leave on full pay may be converted into leave on half pay of the request of
the employee, but the debit to the leave account shall be at the rate of one day for every
two days of such leave, fraction of one-half counting as one full days leave on full pay.
(2) there shall be no limit on the grant of leave on half pay so long as it is
available by conversion.
11. Leave may be granted ex-Pakistan on full pay to an employee who applied for
such leave or who proceeds abroad during leave and makes a specific request for leave to
be enjoyed ex-Pakistan.
12. If at any time there is no leave at the credit of an employee and the employee is
likely to resume duty after availing leave such employee may be granted leave no due on
full pay to be offset against leave to be earned in future, for a maximum period of 365
days in the entire period of service subject to the condition that during the first five years
of service such leave, shall not exceed 90 days in all, and the aforesaid limit shall be
subject to conversion in accordance with these bye-laws if the whole or nay part of such
leave is granted on half pay.
13. (1) Subject to the availability, an employee may be granted leave preparatory
to retirement on full pay from the leave account to a maximum of 365 days ending on the
date of superannuating or on the date of voluntary retirement or completion of thirty
years qualifying service and convertible partly or wholly into leave on half pay, but the
duration of the total leave including the actual period of leave on half pay, if any shall not
exceed 365 days.
(2) Application for leave preparatory to retirement shall be submitted at least
120 days before the date of the proposed commencement of the leave
CHAPTER-III OTHER TYPES OF LEAVE
14. A female employee shall be granted maternity leave on full pay for a maximum
period of ninety days ending on the fortieth days of confinement, and leave after that
days or the period exceeding ninety days up to that day shall be treated as leave
admissible to and desired by the employee.
Provided that earned leave may be granted in lieu of the maternity leave after
the third maternity.
15.
(1) A female employee shall on the death of her husband, be granted special
leave when applied for on full pay, for period not exceeding 180 days, which shall not be
debited to her leave account.
(2) the special leave shall commence from the date of the death of the husband
of the employee and the employee shall furnish the death certificate to the competent
authority either along with the application for special leave or, if that is not possible, at
any time there after.
16. Disability leave may be granted to an employee disabled by injury, ailment or
disease contacted in the course or in consequence of duty outside the leave account on
such occasion up to a maximum of leave hundred and twenty days of which 180 days
shall be on full pay and the remaining on half pay on such medical advice as the
competent authority may consider necessary.
17.
(1) Extra-ordinary leave may be granted on any ground up to a maximum of
five years at a time: provided the employee to whom such leave is granted has been in
continuous service for a period of not completed ten years of continuous service
extraordinary leave for a maximum period of two years may be granted at the discretion
of the competent authority;
Provided that the maximum period of fie years shall be reduced by the period of
leave on full pay or half pay, if granted in combination with the extra-ordinary leave.
(2) Extra-ordinary leave may be granted retrospectively in lieu of absence
without leave.
18.
(1) If leave preparatory to retirement cannot for reasons of public service be
granted to an employee or the employee opts at least ninety days before the
commencement of such leave not to avail of the same, the employee shall be allowed
encashment of half the leave preparatory to retirement, provided that such encashment
shall not exceed one hundred and eighty days.
(2) For the leave so encased the employee shall in addition to his salary be paid
leave pay in lump sum at the time of retirement or for thirty days after month by
presenting arrears bills, a month counted a consisting of thirty days.
19. In case an employee on leave preparatory to retirement dies before completing
180 days of such leave, his family shall be entitled to lump sums payment equal to the
period falling short of one hundred and eighty days.
20. In Case an employee dies while in service. Lump sums payment of full pay up to
130 days out of the leave at his credit shall be made to his “Family” as defined for
the purpose of family.
21. An employee granted leave on full pay or half pay shall for the period of leave
draw the pay or half pay, as the case may be, and all allowances admissible to such
employee immediately before proceeding on such leave.
22.
If an employee is recalled to duty compulsorily, with the personal approval of
competent authority from leave of any kind that he is spending away from his headquarters, he may be granted a single return fare plus daily allowance as admissible on
tour from the station, where he is spending his leave to the place where he is required to
report, for duty.
Provided that if the employee is recalled to duty at the headquarters and his
remaining leave is canceled, the fare then admissible shall be for one way journey
only.
23. An employee who remains absent after the expiry of his leave shall not, unless the
leave is extended by the competent authority, be entitled to any remuneration for
the period of such absence and, besides any disciplinary action that may be taken
against such employee, count the period of such absence shall be debited against
the leave account of such debit shall, if there is insufficient credit in the leave, be
adjusted as leave not due.
24. Any type of leave may be combined with joining time or with any other type of
leave otherwise admissible to the employee.
Provided that leave preparatory to retirement shall not be combined with any
other kind of leave.
25. Notwithstanding leave any date or dates mentioned in the orders granting any type
of leave, the Leave shall commence from the day following the day on which the
employee hands over charge of the post held by such employee and on the day
preceding the days on which employee resumes duty.
26. Unless the employee is permitted to do so by the authority which sanction the leave
such employee may not return to duty before the expiry of the period of leave
granted to such employee.
27.
(1) an employee proceeding on leave shall hand over the charge of his post,
and if he is in Basic Scale 10 and below, he shall while handing over of the post sign
the charge relinquishing report.
(2) If leave Ex-Pakistan has been sanctioned on medical grounds, the employee
shall take abroad with him a copy of the medical statement of his case.
28.
(1) An employee, or return from leave, shall report for duty to the authority
that sanctioned his leave and assume charge of the post to which he is directed by the
authority unless such direction has been given to him in advance.
(2) In case an employee is directed to take charge of a post at a station other
than that from where he proceeded on leave; travel expenses as on transfer shall be
payable to him.
29. Leave account in respect of an employee shall be maintained in from-II as part of
his service book.
30. All leave at the credit of an employee shall be lapse when he quite service.
31.
(1) an employee proceeding on leave shall hand over the charge of his post,
and if he is in Basic Scale 10 and below, he shall while handing over of the post sign the
charge relinquishing report.
(2) An employee who is transferred from a non-continuous establishment to
continuous establishment an vis-a-versa shall carry forward the balance of earned leave at
his credit on the date of his transfer.
Explanation: - In the bye-laws “Non-continuous establishment means and
establishment which does not function throughout the year and “Continuous
Establishment’ means an establishment which functions throughout the years.
MARKET COMMITTEE
BYELAWS 1982
SHORT TITLE
1. These bye-laws may be called the _________ Market Committee Bye-laws 1982.
DEFINITION
2. In bye-laws unless there is anything repugnant in the subject or context.
(a) “Act” means the Agricultural Produce Markets Act 1939.
(b) “Agenda” means the agenda of a meeting.
(c) “Assistant Director” means the Assistant Director of the Bureau of Supply
and Price, sind having jurisdiction;
(d) “Chairman” means the member elected as Chairman under section 12;
(e) “Committee” means the Market Committee,_____________;
(f) “From” means a form appended to these bye-laws;
(g) “Functionary” includes the persons other than dealer licensed under the Act
to carry on business in the market area;
(h) “Meeting” means a meeting of the Committee;
(i) “Member” means a member of the Committee;
(j) “Rules” means a section of the Act;
(k) “Section” means a section of the Act;
(l) “Sub-committee” means a sub-committee appointed under section 15;
(m) “Vice-Chairman” means the member elected as Vice-chairman under
section 12.
3. The Headquarters of the Committee shall be at _______________.
4.
(1) All decisions of the committee shall be taken in a meeting bye majority of
votes of the members present and voting.
(2) A meeting shall ordinarily be held at the office of the Committee at least
once in three months on the date and at the time fixed the Chairman.
(3) The Chairman may on his own and shall, on the requisition in writing of
not less than half of the total number of the members, call an emergent meeting of the
committee to transact any business of importance.
MANNER OF CONVENING MEETINGS AND
GIVING NOTICE THEREOF
(4) The Chairman may, for administrative convenience in matter of urgent and
important business which can be delayed till an emergent meeting obtain the
opinion of the members by circulation among them of placed before the
Committee at the next meeting for confirmation.
(5) A meeting shall be presided over by the Chairman or in his absence by the
Vice-Chairman and the Vice-Chairman when so presiding be deemed to be the
Chairman.
5.
(1) Notice of a meeting together with the agenda shall be issued by the
Chairman at least seven days before the date of meeting and 24 hours in the case of an
emergent meeting.
(2) Every such notice shall state the place, the day and the hour of the proposed
meeting.
(3) Papers relating to any subject included in he agenda shall be open for
inspection by any member at the office of the Committee during the usual office hours.
AGENDA
6. (1) Any member wishing to bring any matter before the committee shall give
written intimation to the Chairman of his intention to do so and shall also send a
draft of his proposal so as to reach the Chairman at least ten days before the date
of the meeting, and such proposal shall then be included in the agenda.
(2) Any matter which is not included in the agenda shall not be brought
forward for discussion at any meeting except with the consent of the Chairman or by
the vote of the majority of the members present.
CONDUCT OF PROCEEDING
7. (1) every item of the agenda other than that brought up officially by the
Chairman and every amendment shall be proposed by one member and seconded
by another and until so proposed, seconded and reduced to writing under the
directions of the Chairman no proposal or amendment shall be discussed in the
meeting.
(2) Every proposal or amendment so moved shall be recorded in the minutes of
the meeting with name of the proposer and seconder.
(3) when a proposal or amendment has been duly proposed seconded any
reduced to writing, the members present shall be entitled to DISCUSS the same but no
member shall except with the special permission of the chairman, speak more than once
on any proposal or amendment until all the members present and desirous of speaking
have had their say;
Provided that the mover of the proposal or amendment shall be entitled to reply to the
objection and to sum up the debate.
(5) Amendments, if any to the proposal shall be put to vote first in the order
reverse to that in which they are proposed, and those carried shall become part of the
proposal which shall then be put to vote.
(6) Only the members present at the meeting shall have a right of vote and
voting shall ordinarily be done by show of hands, but the Chairman at the request of
any member, direct that in any particular case vote shall be taken by ballot.
(7) When a proposal or amendment has been declared by the Chairman as duly
carried, no further proposal for amendment thereof shall be entertained at that meeting.
(8) Except with the recorded consent of not less than five members no subject
once finally disposed of shall be reconsidered, with in three months.
POINT OF ORDER.
9. Every member shall be at liberty to call the attention of the Chairman to a
point of order relevant to the affairs of the committee even when a member is
speaking, and on a point of order being raised, the member addressing the
meeting shall resume his seat until the question has been decided and declared by
the Chairman.
MINTUTES.
9 (1) The minutes of the meeting shall be prepared by or under the order and
supervision of the Chairman in English or Urdu of Sindh signed by him and be
placed before the end of meeting for confirmation.
(2) A copy of the confirmed minutes shall be kept in the office of the
committee, and be open at all reasonable times and without any charge for inspection
by the members.
10.
(1) After calling the attention of the meeting to the conduct of a member who
persists in speaking or in arguing upon a matter which in the opinion of the Chairman
is irrelevant, or in repeating his own argument or the arguments used by other members
the Chairman may direct the member to discontinue his speech.
(2) the Chairman may direct a member whose conduct in his opinion is
disorderly to with-draw immediately from the meeting, and any member so ordered to
with-draw shall do so forth-with and shall unless recalled by the chairman, absent
himself during that meeting.
(3) The chairman may cause any member to be summarily removed, who
disobeys an order to with-draw made under this bye-law.
11.
(1) The Chairman may, for sufficient reasons to be recorded in writing adjourn
any meeting from time to time, but no business other than that left over at the precious
meeting shall be transacted at the adjourned meeting unless a separate notice and
separate agenda have been issued in respect thereof, in accordance with bye-laws.
(2) When a meeting if any shall be void, and shall not appear in the minutes.
SUB-COMMITTEE
12.
(1) Subject to the provision of the Act the
appointment of the member of a sub-committee shall be made by election by the
members of the Committee by a resolution in a regular meeting.
(2) the Secretary of the Committee, or in his absence such other person as may
be authorized by the Chairman, shall act as Secretary to all sub-Committees.
(3) The Duties and functions of a Sub-committee shall, subject to other
provisions of these rules, be such as may be specified by that committee.
(4) In addition to other duties as may be assigned to it, where an Executive
Sub-Committee has been appointed, it shall, subject to general instructions of the
Committee, arrange to publish daily, the opening rates for the day and submit proposals
to the Committee for the collection and propagation of market information in the
market and outside the market in order keep all concerned informed of the market
conditions.
HOLIDAYS
13. the office of the Committee shall remain closed on all public holidays and for
the days on which the Deputy Commissioner’s office remains closed.
WAGES OF WEIGHMAN AND MEASURER
14.
(1) Every licensed Weighman or
measurer when employee on monthly wages or piece-work basis by a licensed
dealer shall not demand any charges for weighment or measurement from any
person other than his employer.
(2) Subject to the provisions of clause (1) no licensed weighman. Measurer or
Surveyor shall demand or accept charges for his services in excess of the rates which
may from time to time be fixed by the Committee and the charges claimed or accepted
shall include all charges connected with the operation of weighing or measuring, as the
case may be.
REMUNERATION OF VARIOUS FUNCTION ARIES.
15.
(1) the Committee shall, from time to
time notify the rate of wages to be charged by the various functionaries posting
the same in the office of the market committee and other conspicuous places in
the market area.
(2) Remuneration due to Broker, weighman, measurer, Palleder or Changer or
any other functionary under the Act shall ordinarily be payable by the person
employing such functionary but in respect of any agricultural produce sold through
broker, it shall be payable by the seller or owner of the produce and the broker will get
his commission from the seller or owner.
(3) It will not be necessary for any seller of agricultural produce to engage any
functionary unless he wishes to do so and no one shall pay or be required to pay for a
functionary who has actually been engaged.
(4) Subject to the rules no allowance, deduction or charges of any kind not
permitted by this bye-law shall be allowed in connection with any transaction of sale or
purchase of agricultural produce.
INGRESS & EGRESS OF TRAFFIC
16.
(1) The Committee may control and
regulate traffic in the market and for this purpose fix the routes for the ingress and
egress of carts, camels doing and motor or other vehicles in the market area.
(2) No person shall unload agricultural produce at the places other than the
“tharas” in front of broker shop.
USE OF THARA
(3) No person shall make any encroachment on the open land of the market.
(4) No cart or vehicle will be allowed to trespass the “Tharas” or grassy plots.
(5) No person shall light fire in the premises used for residential purposes or in
the canteen if provided by the Committee.
(6) No person shall cut or destroy the trees or damage building or wire fencing
provided by the Committee in the market.
(7) Any loss caused by an animal shall be made good by the owner of that
animal.
(8) Every person entering the market shall comply with provision of such
general order as may be issued by the committee from time to time.
(9) Subject to the orders of the District Magistrate, no person shall driver any
vehicle within the limits of the Market at a speed exceeding five. M. Per
hour.
17.
(1) No dealer or other person shall be entitled to use sub-let or share a “Tharas”
Except with the permission in writing of the Chairman and subject to such other
conditions as may be prescribed by the committee in this behalf.
(2) any person who has been allowed to use a “Thara” by the Committee shall
be held responsible of its Cleanliness and proper maintenance.
MISCELLANEOUS
18. The Secretary of the Committee shall be the head of the establishment and shall
work under the control of the Chairman and in the absence of the Chairman, the Vicechairman.
19.
(1) No person shall make or allow to be made or continue an encroachment
movable or immovable on or over a road, drain “thara” or open spaces in the market
except with the permission in writing of the Committee.
(2) The committee may be notice, require the person responsible for any such
encroachment to remove the same with in a period of seven days from the date of service
on him of the notice and if the encroachment is not removed with the said period the
Committee may cause the same to be removed through its own-agency and the cost
incurred there on by committee shall be recoverable from the person concerned.
(3) NO compensation shall be payable for any encroachment removed or
required to be removed under this bye-law.
(4) NO person shall make any alteration in a building shall or “khokha” or
erect or re-erect or start erecting such building shall or “khokha” in the market except
with the previous permission in writing of the Committee.
(5) Any person who has been allowed to use a Thara khokha stall or an open
space in the market shall pay the rent for the same to the committee by the tenth of every
month.
(6) No person shall picket or tether animals on any part of the open space in the
market except with the permission in writing of the Chairman and on such condition as
may be specified by the Committee in this behalf including payment of such fee as may
be fixed by the Committee.
(7) No person shall throw or deposit any filth refuse dirt and rubbish on under
or over any open space road drain or “Tharas” in the market,
(8) No person shall wash cloth or utensils at any water-tap tank. Or reservoir
for supplying drinking water to the inhabitants of the market area.
ISSUE OF LIBRARY BOOKS.
20.
(1) Th library of the Committee shall be open to: (a) Bonafide residents of the notified market area;
(b) Members and permanent staff of the committee.
(c) Persons who import the agricultural produce into the Market.
(2) Any person who wishes to become a member of the library shall supply to
the secretary of
the Committee in form attached to these bye-laws after depositing Rs, 20/- as security in
the funds of the Committee members and permanent employees of the committee shall
however, be exempted from the payment of such security.
(3) The security deposit under clause (2) shall be refunded on termination of
the membership of the library of the library on the written request of the member
provided he has returned all the books of the library with him.
(4) Books issued to member shall not be retained by him for more than fifteen
days, provided that the librarian may extend this period to a maximum period of one
calendar month.
(5) Not more than two books shall be issued to any member at a time.
(6) A fine of ten paisa shall be charged from the member for each day the
books is kept by him beyond the period allowed under clause (4) subject to the condition
that the fine so imposed shall not exceed double the amount of the cost of the books.
(7) The fine shall if he fails to pay it within one week after the service on him
of notice to pay the same be deducted from the security of the member concerned but
non-receipt of notice by the member shall not be consider a valid reason for non-payment
of the fine.
(8) If the fine imposed under clause (7) exceeds the amount of the security
deposited by the member, the recovery of the excess amount along with the cost of the
book lost damaged destroyed shall be effect in accordance with the rules.
(9) The books lost destroyed or damaged shall be replaced or the cost thereof
paid by the member concerned within the week from the date the member informs the
Librarian in writing to this effect.
(10) A books issued under this bye-laws to the member shall not be in
accordance with the rules.
(11) No reference book shall be issued to the member except with the written
permission of the Chairman or the Secretary.
(12) when request is made for a book which has already been issued, the name
of the applicant and the date of the application shall be noted on a separate slip to be kept
by the Librarian and as soon as the book requested for is received back an intimation
shall be sent by the Librarian to the applicant that the book in question is available and
the same shall be issued on demand accordingly.
(13) The working hours of the Library shall from time to time be fixed by the
Chairman.
(14) all books issued under this bye-laws shall be returned to the Librarian by
the 15 day of June each year for these purpose of annual stock taking and may be got reissued after the 15th days of July of the year.
th
21.
Any person who contravenes any provision of these Bye-law shall on
conviction before a Magistrate, be punishable with a fine which may extend to 500/Rupees.