Legal conundrum: Non-compliance puts PAMRA’s status at stake

Under the new law, the authority was mandated to form market committees within a 60-day deadline which it failed to do

LAHORE: The non-formulation of the market committees in the province within the legal period of 60 days, the deadline for which was November 25, has rendered the legal status and tax collection right of the Punjab Agricultural Marketing Regulatory Authority (PAMRA) as controversial.

To avoid further legal issues and for the immediate formulation of the committees, a high-level meeting has been called on December 18. After the issuance of the gazette notification for cancelling the enforcement of the old “Agricultural Produce Markets Ordinance 1978,” PAMRA was mandated to formulate market committees under the new law within the 60-day deadline.

As per the details, the governor of Punjab, after abolishing the existing system of market committees in the province on September 15, had signed the papers to form a new agricultural marketing system, the notification gazette for which was issued on September 26.

Per sources, PAMRA failed to meet the deadline to form new committees because its board was formulated after a delay and the director-general of PAMRA was appointed on November 19.

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PAMRA had sent a summary to the law department to seek permission for the regulation and formation of the committees, however, the department reiterated that PAMRA must make the rules first, adding that the regulation work can only take place after that.

According to law experts, PAMRA’s failure to meet the deadline has rendered the legal status of the market committees in Punjab debatable. Some legal experts even said that after the end of 60-days extension given to the authority per the new law and the cancellation of the previous legislation, the status of the present market committees has become illegal, together with the tax submitted by them.

On being contacted, Chairman PAMRA Naveed Bhandar said that the delay in the formulation of the board of the authority has slowed down several affairs.

“We have prepared the draft of the rules which will be finalised in the consultation meeting scheduled on December 18. After the approval of the Punjab cabinet, the new market committees will be formed immediately,” he said.

Naveed Bhandar admitted that PAMRA failed to formulate the market committees within 60 days against the law, however, he added that as per a clause in the law, the present market committee system can remain functional legally until the formulation of a new one.

Speaking to The Express Tribune, the Punjab agriculture minister Malik Nauman Ahmad Langrial said that his department is trying its best to notify the rules during the current month and to formulate the new market committees by the 15th of the next month.

Per PAMRA laws, the jurisdiction of the new market committees will be limited to the markets. The authority personnel will collect market fees from sugar mills, flour mills, oil mills, and several industrial institutions.

Under the new law, the market committees will comprise of 13 members. The local government will name two farmer representatives, PAMRA will also give the names of two farmer representatives, while the Chamber of Commerce and the Deputy Commissioner Office will name one farmer representative each

Anjuman Arthian (commission agents’ body) will name one wholesale market retailer and one representative for the labourers working in the market.

A representative from the District Consumer Council (DCC) will also be included in the committee, while the extra assistant director of agriculture (EADA) of the agricultural marketing department will be a member too. That apart, the committee will also include the secretary of the market committee. The officials from the market committee will be appointed for three years.

Published in The Express Tribune, December 12^th, 2019.