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ACT I OF 1991 ACT I OF 1991 BALOCHISTAN AGRICULTURAL PRODUCE MARKETS ACT, 1991 An Act to provide for the better regulation of purchase and sale of agricultural produce and the establishment of markets for agricultural produce in the Balochistan Province [Gazette of Balochistan, Extraordinary, 25th November, 1991] No. PAB/Legis.III(3)/91, dated 25-11-1991.--The Balochistan Agricultural Produce Markets Bill, 1991 having been passed by the Province Assembly of Balochistan on 9th October, 1991 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly. 35. Powers to make rules.--(1) The Government may, either generally or specially for any market area or areas, make rules consistent with the 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) appointment and removal of members of market committee; (ii) power to be exercised and the duties to be performed by the market committee; (iii) election of the chairman and vice-chairman of market committee and their powers and term of office; (iv) filling of casual vacancies in the office of members or in the office of chairman or vice-chairman of market committees; (v) time, place and manner in which a contract between buyer and seller is to be entered into and money is to be paid to the seller; (vi) management of the market, maximum fee which may be levied by market committees in respect of agricultural produce bought or sold by licencees in the notified market areas, and the recovery and disposal of such fee; (vii) issuance, by market committees of licences to brokers, weighmen, measurers, surveyors, warehousemen, changers, palledars, bonitos, tolas, tokriwalas, and rehriwalas, the form in which such licences shall be issued or renewed and the fee, if any, to be charged thereof; (viii) the place or places at which agricultural produce shall be weighed, the kind and description of the scales, weights and measures which alone may be used in transaction in agricultural produce notified market area; (ix) inspection, verification, regulation, correction and confiscation of scales, weights and measures in use in a notified market area; (x) trade allowances which may be made or received by any person in any transaction in agricultural produce in a notified market area; (xi) (a) constitution, powers and functions of Board of Arbitrators; (b) procedure to be followed by Board of Arbitrators in the disposal of reference under this Act; (c) transfer of matters and cases from one Board of Arbitrators to another and the transfer of money in such cases; (d) representation in proceedings before Board of Arbitrators of parties who are minors or of unsound mind or are unable to make an appearance; (e) regulation of the scale of costs which may be allowed in proceedings before a Board of Arbitrators; (f) prescribing and determining the amount of the fee payable in respect of any proceedings before a Board of Arbitrators; (g) maintenance, by Board of Arbitrators of registers and records of proceedings before such Board and for the inspection of such registers and records; (xii) prohibition of brokers from acting in the same transaction on behalf of both the buyer and the seller of agricultural produce; (xiii) provision of accommodation for storing any agricultural produce brought into the market; (xiv) preparation of plans and estimates for works proposed to be constructed partly or wholly at the expense of market committees, and the grant of sanction to such plans and estimates; (xv) form in which the accounts of market committee shall be kept, audit and publication of such accounts, and the charge, if any, to be made for such audit; (xvi) management and regulation of provident fund which may be established by a market committee for the benefit of its employees; (xvii) preparation and submission for sanction of annual budget and reports and returns to be furnished by a market committee; (xviii) investment and disposal of surplus funds of a market committee; (xix) prescribing any matters in respect of which fee shall be payable under this Act, and fixing the amount of such fee and the mode of payment and recovery thereof; (xx) exemption of persons or classes of persons from the obligation of obtaining licences under section 6; (xxi) imposing persons licensed under section 6, the duty of making return 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; and (xxii) (a) conditions of service of the employees of market committees and their grades of pay; (b) schedule of the staff that may be employed by market committees; (c) principles to be followed in making appointments to various posts under market committees and their appointing authorities; (d) method for the holding of enquiries in disciplinary cases against servants of market committees, penalties to be imposed and appeals against orders imposing penalties; (e) matters relating to transfer, retirement, training, pension, gratuities, medical aid, traveling and other allowances, leave, conduct of servants, terms and conditions.