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Notification F. 8/33/2001-DAM/MR/4000-4034 dated 29th October, 2001. – In pursuance of the provisions of sub-section (1) of Section 118 of the Delhi Agricultural Produce Marketing (Regulation) Act, 1998 (Delhi Act No. 7 of 1999) and in supersession of previous Notification No. F 4/1/92/JMC/Mktg. dated the 14th July, 1992 and dated the 10th February, 1993 issued on the subject to the following bye-laws made by the Fish, Poultry and Egg. Marketing Committee, Delhi and approved by the Delhi Agricultural Marketing Board under sub-section (2) of Section 118 of the said Act, vide Resolution No. 69 dated the 22nd October, 2001 and confirmed by the Director, Agricultural Marketing Government of National Capital Territory of Delhi under sub-section (7) of Section 118 of the said Act, are hereby notified namely:
CHAPTER I
1. Short title and commencement
(1) These bye-laws may be called the Delhi Fish, Poultry and Egg Marketing Committee Bye-laws, 2001.
(2) They shall come into force with effect from the date of their publication in the Official Gazette.
2. Definitions
In these bye-laws, unless the context otherwise requires,-
(a) “Act” means the Delhi Agricultural Produce Marketing (Regulation) Act, 1998 (Delhi Act No. 7 of 1999);
(b) “agricultural produce” means animal husbandry products and pisciculture and other live-stock which may be declared as agricultural produce as per provisions of the Act;
(c) “auction site” means the place or places in the market yard or in the market area approved by the Committee for the auction of notified agricultural produce, animal husbandry products and pisciculture;
(d) “Chairman”, “Vice-Chairman” and “member” means respectively Chairman, Vice-Chairman and member of the Committee;
(e) “Committee” means the Delhi Fish, Poultry and Egg Marketing Committee covering the whole territorial area of the National Capital Territory of Delhi as a market area for the marketing of fish, poultry and egg and may include other livestock also which may be declared or notified as agricultural produce under the provisions of the Act;
(f) “Director” means the Director of Agricultural Marketing, Government of National Capital Territory of Delhi;
(g) “incidental service fee” means the fees payable by the seller;
(h) “licensee” means a person who is a holder of valid licence granted by the Committee;
(i) “market functionary” has the same meaning as assigned under the Act;
(j) “market service fee” means the fee payable by the buyer;
(k) “office of the Committee” means the head office including the branch offices of the Committee as may be specified by the Committee from time to time;
(l) “place” means any stall, phar or thada, shop, open or covered shed, open structure, enclosure or open space or any other site used for marketing of agricultural produce;
(m) “principal market and subsidiary market(s)” means respectively a principal market and subsidiary market(s) as established under sub-section (2) of Section 23 of the Act;
(n) “proposition” means formal proposal;
(o) “rules” means the Delhi Agricultural Produce Marketing (Regulation) General Rules, 2000 or other rules which may be enforced from time to time;
(p) “seller” means a person who sells or agree to sell any notified agricultural produce and include a person who sells on behalf of any other person as his agent or servant or commission agent;
(q) “selling by numbers” means selling the animal husbandry product and other notified livestock by number;
(r) “selling by weight” means selling the animal husbandry product, pisciculture and other notified livestock by weight;
(s) “transporter” means a person who is either the owner or the person incharge of the vehicle engaged for carrying agricultural produce in the market area;
(t) “unit” means the quantity/numbers or weight of the produce loose, or filled in a crate/peti/drum/tokra or other container, as the case may be, and notified by the Committee for various items of agricultural produce subject to the rules, if any;
(u) “weighing” includes putting the loose, or filled crate/peti/drum/ tokra or other container, as the case may be, on the scale/ weighing machine adjustment of weight and putting it down from the scale and noting down the actual quantity, number or weight of the agricultural produce.
(2) Terms and expressions used in these bye-laws but not defined herein and defined in the Act and/or the rules shall have the same meaning as respectively assigned to them in the Act and the rules.
CHAPTER II
3. Time and place of meeting
A meeting shall ordinarily be held at the office of the Committee, at least, once in a month on the date and time fixed by the Chairman. The Chairman may, at his own discretion or on requisition in writing by not less than one- half of the total number of the members constituting the Committee, shall call an emergent meeting. The Chairman may, for administrative convenience, on a matter urgent and important, which cannot wait till the next meeting, get the opinion of the Committee by circulation of paper amongst the members. The papers so circulated shall, however, be placed before the Committee for confirmation at its meeting.
4. Meeting of convening a meeting and of giving notice thereof
Notice of every meeting with agenda shall be issued by the Secretary of the Committee under the instructions of the Chairman of the Committee, at least, seven days before the date of the meeting. Every such notice shall state the place, the date and the hour of such meeting. Every item of agenda shall be in the form of a regular proposal complete in itself. A copy of the notice shall also be sent to the Vice-Chairman of the Board or any other person authorized by him in this behalf, for information. Papers relating to any subject included in the agenda of any meeting shall be open for inspection to every member at the office of the Committee during the usual office hours. An emergent meeting may be convened at a shorter notice of not less than two days. The meeting shall be held on a working day only.
5. Quorum at meeting
(1) Five members shall constitute quorum at a meeting of the Committee.
(2) If quorum at a meeting of the Committee is not complete within half an hour of the schedule time of the meeting, or if it falls short while the meeting is continuing, it shall be deemed to have been adjourned for the next working day at the same time and place for which no separate notice shall be given.
(3) No business shall be transacted at a meeting of the Committee unless there is a quorum.
(4) If a meeting has been adjourned for want of a quorum, no quorum shall be necessary for the adjourned meeting for transacting business.
(5) If any member fails to attend three consecutive meetings without leave of the Committee, it shall amount to a misconduct and negligence on his part. The Committee may proceed to take action against him under Section 50 of the Act.
6. Conduct of proceedings and presidency of the meeting
(1) Any member wishing to bring any proposition before the Committee shall give a written intimation to the Chairman of his intention of doing so, with a draft of the proposition so as to reach the Chairman, at least, ten days before the date of the meeting and every such proposition, with the approval of the Chairman, shall be included in the agenda of the meeting.
(2) Any matter which is not included in the agenda shall not be brought forward for discussion at any meeting except with the permission of the Chairman of the meeting or if the Chairman refuses such permission then by the vote of the majority of the members present.
(3) Every proposition, other than the one brought officially by the Chairman, and every amendment shall be proposed by one member and seconded by another and until so proposed and seconded and reduced to writing under the direction of the Chairman of the meeting, no proposition or amendment shall be discussed.
(4) Amendment to any proposition before the Committee shall be moved after the original proposition has been duly moved, seconded arid recorded.
(5) Every proposition, and amendment so moved shall be recorded in the minutes with the name of the proposer and the seconder.
(6) When a proposition or an amendment has been proposed, seconded and recorded, the members present shall be entitled to discuss the same.
(7) The Chairman of the meeting may allot time to different members desirous of speaking on any proposition or any amendment.
(8) When an amendment has been brought to any proposition, the amendment shall be put to vote first and if it is carried, it shall become a substantive proposition and shall be put to vote as such. If it is not carried, the original proposition shall be put to vote. When there are more amendments than one, they shall be put to vote in the order reverse to that in which they were proposed.
(9) Every meeting of the Committee shall be presided over by its Chairman or in his absence, by its Vice-Chairman, but if both are absent, by any one of the members, elected by the members present to act as Chairman for the occasion and such Chairman shall have, for that meeting, all the powers of the Chairman and be designated as such:
Provided that if the Chairman or the Vice-Chairman turns up during the meeting, he shall assume his powers as Chairman from the temporary Chairman.
(10) The Chairman shall be responsible for preserving, order in the meeting and shall decide all points of order that may be raised therein. There shall be no discussion at the points of order unless the Chairman considers it necessary to seek the opinion or advice of any member present and the decision of the Chairman shall be final.
(11) Any member may call attention of the Chairman to a point of order even when a member is speaking. On a point or order being raised, the member addressing the meeting shall resume his seat until the question has been decided by the Chairman.
(12) If any one or more members present at a meeting refuse to obey the ruling of the Chairman of the meeting on any matter, he may adjourn the meeting at once and when he has declared the meeting adjourned, the subsequent proceedings of the meeting, if any, shall be void and shall not appear in the minutes. In all such cases, the Chairman shall record in his own handwriting in the minutes book the reasons for such adjournment unless he is prevented by sufficient cause from doing so.
(13) After calling the attention of the meeting of 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 tedious repetition of his own arguments or the arguments used by the other members, the Chairman may direct him to discontinue his speech.
(14) The Chairman of the meeting may direct any member whose conduct, in his opinion, is disorderly, to withdraw immediately from the meeting and any member(s) so ordered to withdraw shall do so forthwith and shall unless recalled by the Chairman, absent himself during that meeting. The Chairman may cause to be summarily removed from the meeting any member who disobeys any order made under these bye-laws.
(15) When a proposition or any amendment has been declared by the Chairman as duly carried, no further proposal for amending it shall be entertained at that meeting.
(16) The Chairman may for sufficient reason, adjourn, any meeting from time to time but no business other than that left over from the previous meeting shall be transacted at the adjourned meeting unless a separate notice and a separate agenda has been issued in accordance with bye-laws.
(17) The Chairman may, for reasons to be recorded in the minutes book, postpone or cancel any meeting called under these bye-laws. This information shall reach the members before the date of the said meeting.
7. Manner of voting
(1) Except as otherwise provided in the Act, rules or these bye-laws, all questions that may come up before a meeting of the Committee shall be decided by majority of votes of the members present and in case of equality of votes, the Chairman of the meeting shall have and may exercise a second or casting vote.
(2) Voting shall be done by show of hands. Voting by proxy shall not be permissible and any member may decline to vote on any subject without assigning any reason therefor.
8. Proceedings of the meeting
(1) Proceedings of the meeting of the Committee shall be recorded in Hindi by the Secretary of the Committee under the instruction and the supervision of the Chairman of the meeting and shall be signed by the Secretary and the Chairman.
(2) Recorded proceedings of the meeting shall be read out in the next meeting of the Committee as the first item on the agenda and the members who were present in the former meeting shall have the right to question the correctness of the recorded proceedings, which may be corrected with such modifications as may be decided upon to bring those in conformity with the facts. In case of any dispute about the correctness of the proceedings, the matter shall be decided in accordance with the majority of the votes of the members who had attended the former meeting and the present.
(3) Proceedings of each meeting shall be recorded in the minutes book kept by the Committee for the purpose and shall be placed on the table of the Committee for reference by the members thereof and shall at all reasonable times and without any charge be open to their inspection. The Secretary of the Committee shall keep the minutes book in his custody.
(4) A resume of every discussion with the number of the votes for and against such motion or amendment shall be recorded by the Secretary under the instruction of the Chairman of the meeting. A complete and accurate record shall be kept in the minutes book to indicate whether a member did not cast vote or voted for or against a proposition or an amendment.
9. General
(1) A member of the Committee may ask for information regarding anything done or purported to be done by the Committee or regarding the affairs of the Committee by the written notice and shall be supplied with such information by the Secretary of the Committee with the prior approval of the Chairman. The requisition for such information shall reach at least, four days before the meeting in the office of the Committee :
Provided that the Chairman may refuse to supply any information disclosure of which, in the opinion of the Chairman, would be against the interest of the Committee.
(2) Except with the written consent of not less than one half of the total number of members of the Committee, no subject once finally disposed of, shall be considered within three months.
(3) No member shall be entitled to attend a meeting in which matter in or against his interest is to be discussed.
10. Power and duties of members
Every member of the Committee shall be watchful over the activities of the market functionaries in the market and all cases of contraventions of the Act, rules and these bye-laws shall be reported promptly to the Chairman or the Secretary in writing.
CHAPTER III
Market Committee’s Fund, Expenditure and Accounts
11. Market Fund
(1) All remittances to a Bank shall be accompanied by a challan in duplicate and a pass book.
(2) All entries made in the pass book by the bank officials shall be examined by the Secretary of the Committee or such other officer as may be authorized by the Chairman and after examination, if any discrepancy is discovered, the same shall, at once, be brought to the notice of the Bank and the Committee through its Chairman.
12. Budget
The Committee shall annually hold a special meeting to prepare a budget of income and expenditure for the ensuing year. The budget shall be submitted to the Vice-Chairman of the Board by the due date as may be prescribed in the rules or as may be prescribed by the Board by its resolution. No expenditure shall be incurred for which there is no sanctioned, budget provision unless it is met from the savings from other heads to be located for re-appropriation with the approval of the Vice-Chairman of the Board.
13. Travelling allowance to members of the Committee
Travelling allowances may be paid to the members of the Committee for journeys undertaken and for halts to attend meetings or in connection with any work of the Committee for which a member/members has/have been so deputed at such rates as are prescribed under the rules.
14. Passing of urgent expenditure
Subject to the provisions of the rules, while passing any bills for urgent expenditure, the Chairman shall record his reasons as to why he considers the expenditure to be of an urgent nature. The expenditure so incurred shall be placed for the approval before the next meeting of the Committee.
15. Who can sign cheques
All cheques drawn on the market fund and kept in the Bank(s) shall be signed by the Chairman and Secretary jointly.
16. Execution of work
Work for which there is provision in the budget shall be executed with administrative approval of the Committee.
17. Constitution of a dispute sub-committee
The Committee may constitute from amongst its members as per provision of Section 83 of the Act, a dispute sub-committee of the following:
| Vice-Chairman of the Marketing Committee | Chairman of the dispute sub-committee | |
| One member of the Marketing Committee representing the traders, to be nominated by the Marketing Committee. | Member | |
| Two Agriculturist members of the Marketing Committee, to be nominated by the Marketing Committee. | Members | |
| One member of the Marketing Committee representing the interest of the consumers, to be nominated by the Marketing Committee. | Member |
Note. – Member representing the interest of co-operative societies and the member representing the licensed weighmen and measurers may be co-opted in case necessity so arises.
(2) The sub-committee shall transact its business as per the provisions of the Act and the rules made thereunder.
(3) The aggrieved party/parties shall make the written representation addressed to the Chairman of the dispute sub-committee giving full details of his/their case. He/They shall also enclose the requisite documents to substantiate their representation/claim. The aggrieved party shall also deposit amount of one hundred rupees as fee in cash or through an account payee cheque along with representation to the Marketing Committee.
(4) In case any dispute is referred to an arbitrator/arbitrators, the amount of arbitration fee shall be such as may be decided by the Marketing Committee by way of its resolution depending upon the case/cases.
18. Imprest
An amount of upto ten thousand rupees shall be kept as imprest by an official of the Marketing Committee authorized by the Chairman of the Marketing Committee. Any increase in the aforesaid amount of imprest shall be effective with the prior approval of the Vice-Chairman of the Board.
CHAPTER IV
19. Rules of market fee
Subject to the provision of Section 62 of the Act market fee shall be paid ad valorem at the rate of one rupee per hundred rupees worth of produce purchased.
20. Exemption from payment of fees
No market fee shall be levied or collected on the sale or purchase of any agricultural produce in respect of which such fee has already been paid in the market area.
21. Refund of certain amount dues
(1) If
(a) any amount has been deposited for the grant of a licence which has in fact not been issued; or
(b) a person has wrongly applied and paid for and been granted two or more licences of the same nature in the 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 exempted under the Act for payment of the market fee; or
(e) any money has been paid by mistaken notion of law;
the Chairman of the Committee shall, on a written application being made within six months of such deposit/payment, and after such enquiry as he may consider necessary, order the refund of amount due through account payee cheque which shall be paid to the person who may be entitled to such refund out of the market fund on a bill to be drawn and prepared.
(2) The application for refund shall contain such particulars as are necessary to enable the amount of refund to be obtained. The applicant shall furnish to the Committee such other information, as may be called for by it form him.
22. Grant of licence
(1) All applications in the prescribed from or licence may be tendered in the office of the Committee accompanied by the proof of the payment of prescribed licence fee, security amount and copies of documents providing legal, effective and peaceful possession over the place of business of the applicant for which a licence is applied for.
(2) All applications received shall be chronologically entered in the register maintained for this purpose by the Committee.
(3) Acknowledgement of the receipt of the application, licence fee and security shall be issued by the Secretary or any other official authorised by the Committee in that behalf.
(4) After making such enquiries as may be deemed fit and satisfying itself about the correctness, and completeness of the application, and entitlement under the rules, the Committee shall grant a licence to the applicant.
23. Non-transferability of licence
(1) Every licence issued by the Committee is valid for the person or firm in whose name it is issued. The licensee shall not transfer or sub-let or otherwise assign the licence.
(2) Every licence shall automatically stand cancelled, if it is transferred or sub-let or assigned. The decision of the Committee, whether a licence was transferred, sub-let or assigned, shall be final.
24. Marketing of agricultural produce in retail sale
All sales to a person other than a trader or a commission agent of one or more than one agricultural produce in a day not exceeding 40 kilograms in aggregate shall be deemed to have been made in retail sale.
25. Sale of agricultural produce
(1) All consignments of agricultural produce, processed or unprocessed, arriving in the market area of the Committee for the purpose of sale, shall be brought into the principal market yard or subsidiary yard by the farmers/agriculturists/sellers in the first instance. If the farmer/agriculturist/seller does not bring his produce in the principal yard/subsidiary yard of the Committee and intentionally tries to make sale/makes sale of his goods outside the notified yard/subsidiary yard, the stocks of the notified produce shall be recovered/seized as per the provisions of Sections 57 and 58 of the Act or a penalty upto five thousand rupees under Section 104 of the Act may be imposed on the spot against him/them or the person selling on his/their behalf; or both, after giving him/them personal hearing on the spot by the authorised officer of the Committee, or he/they may be prosecuted in the Court of law after giving an opportunity to being heard.
(2) All agricultural produce notified for sale shall be brought into the notified yard/subsidiary yard in such manner and such time as the Committee may specify from time to time.
(3) All vehicles and persons with head-load entering the market yard shall pass through entry gate of the yard after obtaining necessary gate-pass issued by the Committee at the time of entry and on payment of the prescribed per trip fee.
(4) As soon as the vehicle load or head-load arrives at the premises of a commission agent, it shall be incumbent on such commission agent to get them unloaded at the auction site for inspection of the purchasers.
(5) Soon after the transaction is over, the purchaser shall arrange its counting or weighment through a licensed weighman. The weighment or counting slips shall be prepared in quadruplicate on Form B-l which shall be signed by licensed weighman, seller, purchaser and the commission agent and first copy shall be delivered to the seller, second to the commission agent, third to the purchaser and the fourth shall be retained by the licensed weighman who counted the produce. It shall be incumbent to every commission agent to produce the weighment/counting slips to the officer/official of the Committee for inspection on demand.
(6) On the receipt of the weighment and counting slip the commission agent shall issue his bill in such form as prescribed in the rules or in such form as the Committee may prescribe.
26. Method of sale
(1) All sales shall be effected in lots or by sample, through open auction only and in presence of a representative of the Committee. The poultry/egg shall be sold either by weight or by numbers as per the choice of the farmer. The fish shall be sold by weight only.
(2) Daily auction shall start and end in all blocks in the market at such time as may be decided by the Committee from time to time.
(3) Only licensed buyers shall be allowed to offer bids in auction. All the prospective buyers shall assemble at the auction sites, at least half an hour before the start of the auction.
(4) If any, trader, commission agent or any other person is found trading in contravention of the instructions issued by the Committee in this behalf, the Chairman, Secretary or any other officer of the Committee duly authorized by it, may take his goods into his possession and dispose it of in the manner as may be specified by the Committee after having heard all the concerned parties.
CHAPTER V
Miscellaneous
27. Acceptance of bids
Agricultural produce shall be sold to the highest bidder. The seller, however, in order to avoid distress sale shall have the option to refuse to sell to the highest bidder or to postpone the sale of his produce to a later hour or date.
28. Units of quotation
All licensed traders shall give their quotations only in terms of such unit/units as are specified by the Committee subject to rules, if any.
29. Storage
(1) In case an agricultural produce which is brought into the market yard/sub-yard, remains unsold, the seller/farmer shall be at liberty to get it back or the commission agent concerned and/or seller/farmer may store the produce in the cold storage, if available in the market yard or market area, under intimation to the office of the Committee.
(2) In case the stocks of agricultural produce are taken back by the farmer/seller and are bought outside the market yard/sub-yard, the seller/farmer shall get a proper gate pass from the check post in the yard of the Committee in which the details of the produce going out shall be given. No stock of agricultural produce shall be taken back without proper gate pass.
(3) The owner of the godown/cold storage with whom the agricultural produce has been stored or is withdrawn shall intimate the Committee about the stored produce in Form B-2.
(4) The Committee may issue such directions, as it thinks necessary for regulating the storage of agricultural produce in the market area as well as in the market yard.
30. Trading hours and closing days
(1) The market shall open on all days except Tuesday or any other days fixed by the Market Committee and on other national holidays during the year, as may be decided by the Committee from time to time.
(2) Under the compelling circumstances and only on any particular day or days, the Chairman or in his absence Vice-Chairman with the written consent of two other members of Committee may order that trading may be done at hours other than those specified by the Committee in respect of auction and other market activities.
(3) Only licensed buyers shall be allowed to offer bids in auction to purchase through open auction.
31. Duties of licensed commission agents and traders
(1) Every licensed commission agent shall furnish a weekly return of the purchases and sales by him or made through him in such form as may be specified by the Committee or as may be prescribed in the rules. Along with the return, he shall also deposit the amounts of market fee realized by him from the purchasers.
(2) Every licensed trader shall also submit return/report as may be prescribed under the rule regarding the purchases and sales made by him or made through him within the market area in such form as prescribed under the rules.
(3) It shall be the duty of the buyer or his agent, if any to examine the agricultural produce closely and make a separate note of the quality, etc. of the lots to be sold by the sellers and/or their commission agents, half an hour before the sale time so that he may bid when the produce is auctioned. When the rate is fixed, the transaction shall be entered in the form prescribed for it. The bargain so struck shall be binding on both the parties.
(4) Every trader acting as a commission agent shall keep regular and separate accounts of his sales and purchases. Such an account shall be produced for inspection on demand by the Chairman, or the Secretary and/or the field official of the Committee.
(5) All licensed commission agents shall have their weighing machines, their weights and measures at their shops in the notified yard/sub-yard and weighment and measurement of the produce shall be done within the yard and at the respective shops of the commission agents during the trading hours prescribed by the Committee.
(6) All the sales shall be conducted through open auction only and after the final bid, weighment, or counting of the produce shall be done on the spot.
(7) All licensed commission agents and traders shall maintain stock register and other registers as may be prescribed by the Committee.
(8) Every commission agent shall prepare a receipt in quadruplicate in the Form ‘J’ prescribed under Rule 26(12) of the Rules and modified by the Committee for the purpose of this bye-law which shall be supplied by the Committee on payment. The original receipt shall be given to the seller at the time of payment of sale proceeds, the second copy shall be submitted to the Committee, the third copy shall be given to the buyer and the fourth shall be retained by the commission agent for his record. Where no commission agent is engaged the buyer shall prepare the receipt in triplicate and shall distribute the same as above.
32. Assistants of traders and commission agents
(1) Traders and commission agents may employ assistants to work on their behalf, in the principal market yard sub-yard and/or in the market area.
(2) The maximum number of such assistants shall be such as the Committee may, from time to time, determine.
(3) The names and addresses of such assistants shall be stated in/along the application for grant or renewal of a licence for a trader and commission agent, as the case may be.
(4) No person other than whose names appear in the licence of a trader and/or commission agent shall be allowed to work in the market area and/or yard/sub-yard on his behalf.
(5) The licence of a trader, commission agent, or broker is liable to be cancelled, if he allows or continues to allow any person/persons whose names does not/do not appear in the register of the Committee to operate in market and/or yard/sub-yard on his behalf irrespective of whether person/persons was/were once on authorized assistant(s) working on his behalf.
(6) The Committee may refuse to grant a licence to a trader or commission agent if in its opinion any one or more of the assistants, whose name(s) is/are stated in their application(s) is/are such that his/their operation in the market area and/or yard/ sub-yard is/are detrimental to the efficient working of the market yard.
(7) On valid grounds the Committee may, at any time, remove any of the names of the assistants from the names appearing in the licence of a trader or a commission agent. The person whose name has been so removed shall not be allowed to work on behalf of this employer any where in the market area and/or yard/sub-yards.
(8) All acts of the assistants shall be deemed to have been performed by their employers, who shall be fully responsible for the acts and omissions of the assistants.
33. Duties of weighmen, measurers and surveyors
(1) Every licensed weighman and measurer and surveyor shall keep such book or books and in such manner and render such daily and monthly returns at such time and in such forms as the Committee may prescribe from time to time with the approval of the Vice-Chairman of the Board.
(2) Every weighman, measurer and surveyor shall render such assistance in collection and prevention of the evasion of market fee and/or any breach of rules and bye-laws as may be required by the Committee.
(3) He shall not take up any service under a trader or a commission agent.
(4) He shall sent the weighment, counting and the measurement books daily to the office of the Committee for verification.
(5) Every weighman and measurer shall use only the standard weights and measurers.
34. Prevention of unauthorized person from operating in the market area including market yard/sub-yard
(1) The Chairman, Vice-Chairman, members, Secretary and any other employee of the Committee shall be empowered to demand the production of such proof of his bona fides from any person/persons suspected of operating in the market area including market yard/sub-yard without the proper authorization.
(2) All licensees shall report to the Committee all cases of operations by persons suspected to be operating without a licence and/or badges, etc.
35. Badges and tokens to be worn
(1) Every weighman, measurer and palledar shall be supplied free of cost, with suitable badges as soon as the licence is issued.
(2) In case of loss, mutilation or any other defacement of the badge, the Committee shall be entitled to require the license to reimburse to the Committee the cost of badge as decided by the Committee or by any other officer empowered in his behalf.
(3) Badges shall be worn only by the persons holding a licence in respect of which such badges are issued and in any case badges shall not be transferable. A breach of this bye-law shall cause the cancellation or suspension of the licence.
36. Equipment
The Committee shall direct the traders, commission agents, the weighmen, the measurers and the surveyors to keep such equipments as it may think necessary.
37. Price to be fixed for produce
The price/quotation given or communicated by the traders or the commission agents shall be deemed to be for the agricultural produce only and not for the articles used as a container thereof, unless otherwise specifically provided in these bye-laws.
38. Counter-balance in weighments
The weighman, when the produce is weighed, shall in each case clearly state in his weighment slip the counter-balancing weighment equivalent to the weight of the crate/petti or any other articles used as container for the agricultural produce weighed which was added on the weight side of the scale.
39. Payment of sale proceeds
(1) It shall be incumbent on the buyer to settle the accounts and to make arrangements for prompt payment of sale proceeds to the commission agent in case the produce is sold through commission agent, in case the produce is sold by the seller/agriculturist himself to the buyer, the buyers shall settle the accounts and shall make arrangements for prompt payment of the seller farmer/agriculturist along with accounts to the Committee.
(2) When the produce is sold through a commission agent, it shall also be incumbent on the part of the commission agent to settle the accounts and to make arrangements for prompt payment to the seller/farmer/agriculturist.
40. Advance to agriculturist
All licensed commission agents shall keep separate account books in respect of each borrower for the advance given by them.
41. Disposal of complaints
On receipt of a written complaint regarding the matter concerning the sale and purchase of agricultural produce in the market/sub-market, the Secretary of the Committee or any other officer/official authorized by him shall conduct enquiry. If the enquiry has been conducted by the officer/official other than the Secretary, such officer/official shall submit his report to the Secretary for onward transmission to the Chairman. If the enquiry has been conducted by the Secretary of the Committee, he shall send his report to the Chairman. The Chairman shall take such steps as he thinks necessary in accordance with the provision of the Act/Rules and these bye-laws.
42. Publication of directions
(1) All directions issued by the Committee for the general guidance of the persons using the market, shall be deemed to have been published when notices containing such directions are pasted on the notice board.
(2) The Committee may, if it think necessary, cause such notices to be served on the persons concerned or to be published in the local newspapers.
43. Licensee to assist the field staff of the Committee
(1) In the interest of smooth marketing operations in the yard/sub-yard, it shall be incumbent on the part of every licensed trader/commission agent and other market functionaries to assist the field officials of the Committee. The licensee shall produce, on demand, all records relating to arrivals, sale purchase of the produce including the records relating to payment, etc. to the staff of the Committee.
(2) The Marketing Committee, if observes or finds that any action of a licensee is impeding the smooth working of the market and/or the licensee is indulging in violation of any provision of the Act or the rules or these bye-laws, the Committee may take an appropriate action regarding suspension and/or cancellation of the licence and debarment from holding the licence from the Committee and/or forfeiture of the security amount in full, or in part, and may impose penalty as per the provisions of the Act.
(3) If any market functionary and/or any other person indulges in activities and practices which are detrimental to the interest of the trade and proper functioning of the market, his entry shall be banned in the market for such period as the Committee may decide by way of its resolution. However, before issuing the order to ban the entry, the person concerned shall be given an opportunity of being heard.
44. Penalty
If any market functionary or any other person violates or breaches any provision of these bye-laws, the Committee or its Secretary may impose penalty which may extend to five thousand rupees in each case and where the breach is a continuing one, with further penalty which may extend to one hundred rupees for every day after the imposition of the first penalty during which the same continues.
45. Composition of offences
If any market functionary violates any provision of the Act or the rules or these bye-laws and the offence so committed is resolved to be compounded under Section 122 of the Act, the Secretary of the Committee, with the previous approval of the Director, shall be competent to realize the amount of composition fee from the concerned market functionary. The amount of composition fee shall not exceed two thousand rupees.
46. Inspection and submission of accounts books
(1) All traders and commission agents may be required to submit for examination and inspection, their account book, ledgers, etc. on demand by the Chairman, or in his absence by the Vice-Chairman of the Committee, or the Secretary or other officer authorized by the Chairman of the Committee.
(2) Such inspection shall be limited to obtaining information relevant to the matter under investigation, and information so obtained shall be used only for the legitimate purposes of the Committee.
47. Publication of proceedings
Proceedings of the Committee or any of its sub-committee shall not be published in the press by any person unless so authorized by the Chairman.
48. Sale of bye-laws
The Committee shall make available copies of these bye-laws for sale at a price of twenty five rupees per copy.
49. Market intelligence
The Committee shall collect the data of wholesale rates and arrivals, and furnish the same to the authorities according to the directions given by the Director.
(2) The Committee shall collect information relating to arrival along with their places of origin, stock, despatches, destination-wise, and submit weekly reviews and returns in the prescribed proforma every Friday.
(3) The information relating to ruling wholesale rates shall be sent by Post/Telephone/Fax to quarters concerned or any other agency suggested by the Director.
(4) The Committee shall disseminate weekly market report covering above date to the concerned agencies for the information of producers.
(5) The daily ruling wholesale rate shall be displayed by the Committee on the notice board. The Committee may prepare charts, graphs, and other statistical data relating to the marketing and display the same in its office.
(6) The Committee shall follow any other instructions given to it by the Board and the Director, from time to time in this behalf.
50. Market service fee and incidental service fee
No functionary shall charge in any transaction, an amount more than the maximum amount hereinafter provided for his service actually rendered, namely:-
| (1) Market Service charges payable by seller/producer | ||||||
| (a) Fish Unloading | (i) Per Petti (ii) Per tempo (HMV) (iii) Per truck (HTV) | Rs.4.00 (Rupees Four Only) Rs.80.00 (Rupees Eighty) Rs.130.00 (Rupees One Hundred and Thirty) | ||||
| (b) poultry Unloading Birds | (i) Per crate/cage (ii) Rent (per crate) (cartons 15-20 Birds approximately) | Rs.1.50 (Rs. One and Fifty Paise) Rs.2.50 (Rs. Two and fifty paise) | ||||
| (c) Egg Unloading | (i) Per ten trays | Rs.1.00 | ||||
| (d) Commission | (i) Fish | 3% (Three percent) | ||||
| (ii) Poultry | 1.56% (One Point Five-Six percent) | |||||
| (iii) Egg | 1% (One percent) | |||||
| (2) Market Service Charges payable by purchasers | ||||||
| (a) Fish | ||||||
| (i) Weighing charges of fish (ii) Loading and Dhuwai of fish in the year. (iii) Packing, loading and cartage of fish upto Railway Station (complete) | Per quintal Per trip (maximum weight 30 Kg.) Per peti | Rs.0.15 (Paise Fifteen) Rs.2.00 (Rupees Two) Rs.12.00 (Rupees Twelve) | ||||
| (b) | Poultry | |||||
| (i) Weighing charges of poultry (ii) Loading of poultry (iii) Dhuwai within the yard | Per crate Per crate Per crate | Rs.0.60 (Paise Sixty) Rs.1.50 (Rupees One and Paise Fifty) Rs.1.50 (Rupees One and Paise Fifty) | ||||
| (c) | Eggs | |||||
| (i) Loading of Eggs. (ii) Dhuwai within the yard | Per ten trays Per ten trays | Re.1.00 (Rupee One) Rs.0.50 (Paise Fifty) | ||||
| (d) | Commission (i)Fish (ii) Poultry (iii) | 3%(Three percent) 1.56% (One Point Five Six percent) 1% percent | ||||
| (e) | Market fee ad valorem, i.e. on sale value | |||||
(3) No charges shall be leviable in the market, if not provided in these bye-laws.
(4) The security amount for different categories of licences shall be as under:
| Category of licence | Security Amount |
| A | Rs. 500/- (Rupees Five Hundred) |
| B | Rs. 5000/- (Rupees Five Thousand) |
| C | Rs. 5000/- (Rupees Five Thousand) |
| D | Rs. 5000/- (Rupees Five Thousand) |
| E | Rs. 200/- (Rupees Two Hundred) |
| F | Rs. 100/- (Rupees One Hundred) |
| G | Rs. 25/- (Rupees Twenty-five) |
Delhi Fish, Poultry & Egg Marketing Committee
Form No. B-1
[See bye-law No. 25(5)]
Weighment/Counting Slip
(to be prepared in quadruplicate)
No………. Dated………
Name of Weighman Licence No……………..
| Gate pass No. with date | Name of produce and quantity | Number of containers | Gross weight of containers in kgs. | Net weight in kgs. |
(Signature of weighman)
Delhi Fish, Poultry & Egg Marketing Committee
Form No. B-2
[See bye-laws No. 29(3)]
Receipt No…………. Dated…………
Name of Warehouse/Cold storage with address…………………………………………………..
Received the following Agricultural Produce from M/s. or Sh………………………………………………….
Issued the following Agricultural Produce to………………………………………………………………………….
| Storage | Withdrawal | ||||
| Name of Agricultural Produce | Number of Packages/ peti/box | Weight Number | Number of Packages/ Peti/box | Date of Withdrawal | Weight |
| Rate per container……….. | Storage charges paid, |
| Period…………. | Received above goods in satisfactory condition with a copy of this form. |
| Signature of Warehouseman | Signature of the owner of produce |
Delhi Fish, Poultry & Egg Marketing Committee
Form ‘J’
[See bye-law 31(8)]
Sale Voucher for the Commission Agents
| Book No……………….. | Serial No……………………………. |
| Name of Market…………. | Date of Auction…………………… |
| Name of commission agent……………. | Address of seller…………………. |
Incidental Service Fee
| Weighment Slip No. or Number | Weight or Number | Rate | Value | Payable by the producer | Paid to the producer | Market Service Fee payable by the buyer | Amount of M/Fee paid |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 1. Unloading | 1. Loading | ||||||
| 2. Rent for crate | 2. Weighing including putting the peti/ Box/ crate etc. on Kanta & removing | ||||||
| 3. Storage | 3. Loading | ||||||
| 4. Dhuwai | |||||||
| Commission: |
| RECEIVED RS…………. | ||
| Signature of the seller | Signature of the Commission agent | I promise to pay a sum of Rs…. to M/s…….. within a period of days. |