Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MARKET AND FAIRS ACT, 1862 4 of 1862 [24th April, 1862] CONTENTS 1. No new market or fair to be established without permission 2. Person desiring to establsh to apply to Magistrate 3. Procedure on application 4. Order permitting establishment 5. Alteration of days on which market to be held 5A . Magistrate to consult Director of Agricultural Marketing and Rural Finance or authorised officer before passing orders 5 B . Refusal of permission if within 5 miles a market or fair is already established 5C. Power to close existing market or fair in public interest 5D. Procedure for closure of existing market or fair 6. Appeal 7. Penalty for contravening disobeying or opposing order 7A. Delegation 8. Extent 9. Interpretation and saving 10. Saving of general powers of State of Government 11. Meaning of "Magistrate" MARKET AND FAIRS ACT, 1862 4 of 1862 [24th April, 1862] An Act for regulating the establishment and the closure of markets and fairs. WHEREAS the establishment of new markets or fairs in the neighbourhood or places where markets or fairs have been previously established leads to disputes between the owners of the lands on which such new and previously established markets or fairs are held, and such disputes not unfrequently occassion breaches of peace and serious inconvenience to the frequenters of such markets or fairs; AND WHEREAS it is expedient to provide also for the closure of existing markets or fairs in the interests of the general public. It is enacted as follows: 1. No new market or fair to be established without permission :- 1No person shall establish a new market or fair without permission, in writing, from the Magistrate of the district. Penalty for attempt to establish without licence. If any person shall attempt to establish a new market or fair without such licence he shall, on conviction by 2[Magistrate of the first class], be subject to a flue not exceeding two hundred rupees, or, in default of payment, to simple imprisonment for any period not exceeding two 2 months. 1. The words "After the passing of this Act" were repealed by the Repealing Act, 1873 (12 of 1873). 2. These words were substituted for the words "the Magistrate" by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886), Schedule B. This Schedule is printed as an Appendix to the Bombay General Clauses Act, 1904 (Bom 1 of 1904). *. This Act has been re-enacted and the amendments made by section 9 and Schedule E of the said Act have been continued in force by Bom 52 of 1947,s.2. 2. Person desiring to establsh to apply to Magistrate :- When any person desires to establish a new market or fair, he shall make application in writing, to the Magistrate of the district. Contents of application. The application shall specify the name of place at which it is proposed to establish such new market or fair; the days on which it is to be held; the name of the place where the nearest existing market on fair is held and the days on which it is held; the distance, in English miles, between the two places; and the reasons of the applicant for desiring to establish a new market or fair. 3. Procedure on application :- 1 [On receipt of the application, the Magistrate, subject to the provisions of this section and section 5 A, may] issue a proclamation stating the desire of the applicant to establish a market or fair at the place named by him and the days on which it is proposed to be held and calling upon person who may have any objection to the establishment of the market or fair to state his objection, in writing within six weeks from the date of the proclamation. Notice to land-owner of neighbouring market. It shall appear that any existing market or fair is held within a distance of x[six miles] from the place where it is proposed that the new market or fair shall be established, the Magistrate shall cause a notice, to the effect of the proclamation to be served upon the owner of the land where such existing market or fair is held. The proclamation and notice (if any) shall be issued and served * {at the expense of Government], 1. These words, figurs and letters were substituted for the words "On receipt of the application, the Magistrate shall* by Bom. 6 of 1956, s. 2(1). 4. Order permitting establishment :- If within the time specified in the proclamation and notice (if any), no objection is preferred to the establishment of the proposed market or fair the Magistrate of the district shall pass an order permitting it to be established. Inquiry into objectton-If within the time specified any objection is preferred, the Magistrate of the district shall inquire into the objection, and pass such order as may appear proper under the circumstances of the case. 5. Alteration of days on which market to be held :- 1 The Magistrate may, upon application or otherwise and after such enquiry (if any) as he thinks necessary, change or add to or reduce the days on which a market or fair is permitted under section 4 to be held. 1. These sections were inserted, ibid, s. 3. 5A. Magistrate to consult Director of Agricultural Marketing and Rural Finance or authorised officer before passing orders :- No order under section 3, 4, 1[5, 5C or 5D] shall be made by the Magistrate of the District except in consultation with the Director of Agricultural Marketing and Rural Finance2* * * referred to in the Bombay Agricultural Produce Markets Act, 1939, (Bom XXII of 1939) or any officer authorised by the Director in this behalf 3 [or in consultation with any other officer specified by the State Government.] 1. These figures, letters and words were substituted for the word and figure "or 5" by Bom. 84 of 1958, s. 5(1). 2. The words "for the State of Bombay" are omitted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, 3. These words were added by Bom. 84 of 1958, s. 5(2), 5B. Refusal of permission if within 5 miles a market or fair is already established :- If there be a market or fair within a distance of five miles from the place where it is proposed that the new market or fair shall be established, the Magistrate shall refuse permission to establish such new market or fair.] 5C. Power to close existing market or fair in public interest :- The District Magistrate, or an application made to him under this Act of the closure of an existing market or fair, if he is satisfied that is necessary so to do (a) for the prevention of breaches of the peace or serious inconvenience to the frequenters of such market or fair, or (b) because of the vicinity of any place of public religious worship, educational institution, hostel, hospital, nursing home, or other public place to the market or fair and the consequent nuisance caused to such public place by holding of the market or fair, or (c) on grounds of public health, public convenience or safety, or the proper regulation of traffic, may, by order in writing, direct that, from such date as is stated therein, either permanently or for a period specified in the order, such market or fair shall be closed and shall not be held at such place : Provided that no order shall be made by the Magistrate, unless he % has followed the procedure set out in section 5D. 5D. Procedure for closure of existing market or fair :- (1) An application for the closure of an existing market or fair under the last preceding section shall specify the name of the place at which the existing market or fair is held; the days on which it is held; the name of the place in the vicinity where any other market or fair is held or proposed to be held; the days on which that market or fair is held or is proposed to be held: the distance in miles between the two places; and the reasons for the closure of the existing market or fair. (3) If a proclamation is issued, it shall be fixed in a conspicuous place in the village or town in or near to which the market or fair to be closed is held, and a copy of the same shall be affixed at the police station within the jurisdiction of which the village or town is situated. (4) The proclamation and notice (if any ) shall be issued and served at the expense of Government. (5) If, within the time specified in the proclamation and notice, no objection is preferred to the closure of the market or fair, the District Magistrate may forthwith, [and if within such time any objection is preferred, the District Magistrate shall enquire into the objection, and, pass order as may appear proper under the circumstances of the case.] 6. Appeal :- 1 Every order passed by a District Magistrate under section 3, 5, 5C or 5D shall, within six weeks, be open to appeal to such officer as the State Government may specify in this behalf (hereinafter in this section referred to as 'the appellate authority'). The order made by District Magistiate, subject to an appeal to the appellate authority and the decision of the appellate authority on appeal, shall be final.] 1. This section was substituted for the original by Bom. 84 of 1958. s. 7. 7. Penalty for contravening disobeying or opposing order :- Every person who shall contravene, disobey, or oppose any order duly made under this Act, shall be liable to a fine not exceeding two hundred rupees, or, in default of payment, to imprisonment 1* * * for any period not exceeding two 1 * * months 1. The words "of either kind*' and the word "calendar*' were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886) 7A. Delegation :- 3 , The District Magistrate may delegate his powers under this Act to any officer not below the rank of a Mahalkari in respect of the whole or any part of the area within the jurisdiction of such officer.] *. This section was substituted for the original by Bom. 84 of 1958, s, 8. 8. Extent :- This Act shall extend to the whole of the x [State of Gujarat]. X. Subs, vide Guj. A.O. 1960. 9. Interpretation and saving :- R1 . [In this Act, unless the context otherwise requires, (1) "market" includes a bazar, but does not include (a) a market belonging to, maintained, established or regulated by, a local authority under any law relating to local authorities and for the time being in force ; (b) an assemblage of people collected at, or concerned in, the inauguration of sacred edifices, or collected at or concerned in, any other religious festival or ceremonies not forming a part of a fair or market;] +. These words were substituted for the words "For the purposes of this Act, market" by Bom. 84 of 1958, s. (1). 10. Saving of general powers of State of Government :- Repealed by Bom. XXI of 1954, First Schedule. 11. Meaning of "Magistrate" :- Repealed by Bom. III of 1886.