Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983
No: 42 Dated: Dec, 02 1983
THE MUMBAI METROPOLITAN REGION SPECIFIED COMMODITIES MARKETS (REGULATION OF LOCATION) ACT, 1983
ACT No. XLII OF 1983
An Act to regulate location of market areas and wholesale markets in respect of specified commodities in the Mumbai Metropolitan Regionand to establish market committees to manage and control different markets established in different market areas for different commodities and to provide for matters connected therewith or supplemental or incidental thereto.
Whereas the Mumbai Metropolitan Region Development Authority has been established under Mumbai Metropolitan Region Development Authority Act, 1974 for the purpose of planning, co-ordinating and supervising the proper, orderly and rapid development of the areas in the Bombay Metropolitan Region;
And Whereas, with the fast growth of population and commercial activities, the congestion and consequent traffic, accommodation and other problems in Brihan Mumbai and particularly in South Mumbai have been increasing enormously and therefore the State Government has accepted the policy to decongest the old island City and to shift as many commercial activities as possible to place outside South Mumbai for achieving the objectives for which the Metropolitan Authority is established;
And Whereas, with a view to relieving some of the congestion, steps are being taken under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, to shift wholesale markets for some of the agricultural produce like onions and potatoes to Navi Mumbai;
And Whereas, necessity is increasingly felt to locate or relocate wholesale markets for some of the non-agricultural products also like textiles and iron and steel immediately and for other commodities as soon as possible;
And Whereas, at present there is no provision of law available to enable the State Government, the Metropolitan Authority or any local authority to take any appropriate steps for establishing or shifting such markets to other localities;
And Whereas, it is, therefore, necessary to enact a law immediately to regulate the location of market areas and wholesale markets in respect of commodities specified, from time to time, under such law and to establish market committees to manage and control different markets established for different commodities in different market areas and to provide for matters connected therewith or supplemental or incidental thereto:
It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows :-
CHAPTER I
Preliminary
1. Short title, extent, commencement and application. - (1) This Act may be called the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983.
(2) It shall extend to all the areas for the time being comprised in the Mumbai Metropolitan Region as defined in the Mumbai Metropolitan Region Development Authority Act, 1974.
(3) It shall come into force in Brihan Mumbai at once. It shall come into force in any other area in the Bombay Metropolitan Region on such date as the State Government may, by notification in the Official Gazette, appoint: and different dates may be appointed for different areas.
(4) (a) It applies in the first instance in Brihan Mumbai to the two commodities that is to say, (1) textiles, and (2) iron and steel, which are specified in the Schedule.
(b) The State Government may, either suo motu or on a request being made by the Metropolitan Authority, by Notification in the Official Gazette, amend the Schedule under section 70 by inserting thereon any other commodity and may by the same notification or by like notification declare that this Act shall apply in any area to any commodity (whether already included or newly included in the Schedule) from such date as may be specified in such notification and different dates may be specified for different areas and for different commodities.
2. Definitions. - In this Act, unless the context otherwise requires, -
(1) "Authority" or "Metropolitan Authority" means the Mumbai Metropolitan Region Development Authority established under the Mumbai Metropolitan Region Development Authority Act, 1974.;
(2) "by-laws" means the by-laws made by a market committee under this Act,
(3) "Chief Executive Officer" means the Chief Executive Officer of the market committee concerned;
(4) "committee" or "market committee" means the committee constituted in any market area for any specified commodity;
(5) "commodity" or "specified commodity" means any commodity for the time being specified in the Schedule;
(6) "market" means any principal market established in any market area for any specified commodity, and includes a subsidiary market;
(7) "market area" means any area declared under section 3 as market area for any specified commodity;
(8) "market yard" means any area declared under section 3 to be a market yard of any market, and includes a sub-market yard;
(9) "Metropolitan Commissioner" means the Metropolitan Commissioner appointed under the Mumbai Metropolitan Region Development Authority Act, 1974;
(10) "prescribed" means prescribed by rules;
(11) "register" means the register prepared and maintained under section 5;
(12) "registered trader" means a person whose name is, for the time being, registered in the register for the respective trade;
(13) "regulations" means regulation made under section 10;
(14) "rules" means rules made by the State Government under this Act;
(15) "sale", with its grammatical variations and cognate expressions, means a sale of any commodity by one person to another for cash or for deferred payment or for any other valuable consideration, and includes a transfer of any commodity on the hire-purchase or other system of payment of price by instalments or a sale by an agent on behalf of another person for commission or other consideration.
(16) "Schedule" means the Schedule appended to this Act;
(17) "specified trade" means the wholesale trade in a specified commodity;
(18) "wholesale trade" means sale or purchase of any commodity for purposes other than direct consumption or use by the purchaser; and shall include holding of stocks or warehousing of the specified commodity at any place in the market area or in any market yard for such trade; and any such seller, buyer, holder of stock or warehouse-keeper shall be deemed to be a wholesale trader";
(19) words and expressions used in this Act, and not defined herein, shall have the meanings assigned to them in the Mumbai Metropolitan Region Development Authority Act, 1974;