1. A
Project Report
on
Indian Flea Markets
In the partial fulfillment of the degree of
Master in Commerce
SUBMITTED TO SUBMITTED BY
Prof Ravneet Kaur Ms. Samiksha Sharma
Assistant Professor Class Roll No.4503
Department of commerce Uni. Roll No.21761718721
Pt. M .L. S. D. College for Women, Gurdaspur
2. ACKNOWLEDGEMENT
I am feeling highly privileged to express my sincere gratitude to my guide Prof. Ravneet kaur as
well as our principal Dr. Neeru Sharma for her guidance and help in preparing this project on the
topic “Indian Flea Markets”. She has provided me the right way to complete my study
accurately. Her never failing patience and much needed co-operation is an assent for me in
accomplishing this task. Without her support, consent, encouragement, generosity and valuable
comment this study could not be completed. I am very thankful to her.
I pay my gratitude to my family, friends for the continuous encouragement and support.
Samiksha Sharma
3. INDEX
Chapter
No
Contents Page no.
1. INTRODUCTION 1-7
2. RESEARCH METHODOLOGY 8
3. ANALYSIS 9-18
4. CONCLUSION 19-21
5. FLEA MAREKET ACT I
6. REFERENCES II
4. Flea
Markets Regulation Act
CHAPTER 5
OF THE
ACTS OF 2000
Amended 2004, c. 6, ss. 7-10
An Act Respecting the Sale of
Certain Items at a Commercial Flea Market
Short title
1. This Act may be cited as the Flea Markets Regulation Act. 2000. c. 5, s. 1.
Interpretation
2. in this Act,
(a) "commercial flea market" means an event organized for the sale of goods at which an
operator leases or rents or otherwise provides a table, selling space or other facility to a person
for the purpose of conducting sales of goods and includes an event commonly known as a flea
market or an operation designated as a commercial flea market by regulation, but does not
include an event operated by a body organized and operated exclusively for religious,
educational, charitable or community-service purposes;
(b) "operator" means a person who leases or rents or otherwise provides a table, selling space or
facility to a person for the purpose of conducting sales of goods at a commercial flea market ;
(c) "vendor" means a person who sells or offers for sale goods at a commercial flea
market. 2000, c 5, s 2; 2004, c 6, s 7
Prohibitedgoods
3. (1) No operator shall operate a commercial flea market at which are sold or offered for sale
goods designated by the regulations as prohibited goods.
5. (2) No vendor shall sell or offer for sale at a commercial flea market goods designated by the
regulations as prohibited goods.
(3) This Section does not apply where the goods have been acquired directly from the producer,
manufacturer, wholesaler, distributor or retailer of the goods and where the vendor provides to
the operator, prior to the sale or offering for sale at a commercial flea market, proof that the
vendor is an authorized sales representative of the producer, manufacturer, wholesaler,
distributor or retailer of the goods .2000, c. 5, s. 3; 2004, c. 6, s. 8.
Duty to maintain and provide information
4. (1) No vendor shall sell or offer for sale at a commercial flea market goods designated by the
regulations as prescribed goods unless information with respect to the goods is maintained by the
vendor in accordance with this Section.
(2) A vendor shall maintain with respect to the prescribed goods sold or offered for sale by the
vendor the information prescribed by the regulations for the period prescribed by the regulations.
(3) Before a vendor sells or offers for sale prescribed goods at a commercial flea market the
vendor shall provide to the operator of the commercial flea market the information required to be
maintained pursuant to subsection (2).
(4) No operator shall operate a commercial flea market at which prescribed goods are sold or
offered for sale unless the information required to be maintained by a vendor pursuant to this
Section has been provided to the operator.
(5) No vendor or operator shall falsify, obliterate or destroy the information required to be
maintained pursuant to this Section. 2000, c. 5, s. 4.
Duty to maintain information
5. An operator shall maintain the information provided to the operator pursuant to this Act for
the period prescribed by the regulations. 2000, c. 5, s. 5 .
Duty to peace officer
6. A vendor or operator shall, upon request, provide the information referred to in this Act to a
peace officer. 2000, c. 5, s. 6 .
Access to prescribed goods
6A A vendor or operator shall, upon request, produce prescribed goods or provide access to
prescribed goods to a peace officer. 2004, c. 6, s. 9.
6. Seizure of prescribedgoods
6B Where a vendor or operator fails to provide a peace officer with information requested
pursuant to Section 6 with respect to prescribed goods found at a commercial flea market or
where the peace officer is satisfied on reasonable and probable grounds that the information
provided is incomplete or inaccurate, the peace officer may, without laying any information or
obtaining any warrant, seize and remove those goods. 2004, c. 6, s. 9.
Seizure of prohibitedgoods
6C Where a peace officer, finds goods at a commercial flea market that the peace officer is
satisfied, on reasonable and probable grounds, are
(a) prohibited goods; and
(b) not being sold by an authorized sales representative of the producer, manufacturer,
wholesaler, distributor or retailer of the goods,
the peace officer may, without laying any information or obtaining any warrant, seize and
remove those goods. 2004, c. 6, s. 9.
Application of Summary Proceedings Act
6D For greater certainty, Sections 2E to 2G of the Summary Proceedings Act apply to the seizure
of goods under Section 6B or 6C. 2004, c. 6, s. 9.
Offence and penalties
7 A person who violates a provision of this Act is guilty of an offence and liable on conviction to
the penalties provided for in the Summary Proceedings Act. 2000, c. 5, s. 7 .
Regulations
8 (1) The Governor in Council may make regulations
(a) designating prohibited and prescribed goods for the purpose of this Act;
(aa) designating classes of prescribed goods that may be subject to different information
maintenance requirements for the purpose of clauses (b) and (c);
(ab) respecting requirements for proof that a vendor is an authorized sales representative of a
producer, manufacturer, wholesaler, distributor or retailer of goods for the purpose of subsection
3(3);
(b) Prescribing the information required to be maintained by a vendor pursuant to this Act and
the period for which the information is to be maintained;
7. (c) Prescribing the period for which an operator is required to maintain information provided to
the operator pursuant to this Act;
(d) Designating operations or a class of operations as a commercial flea market for the purpose
of this Act;
(e) Exempting operators or a class of operators from the requirements of subsections 4(3) and (4)
and Sections 5 and 6;
(f) Re-defining or further defining any word or expression defined in this Act;
(g) Defining any word or expression used but not defined in this Act;
(h) To carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is
regulations within the meaning of the Regulations Act. 2000, c. 5, s. 8 ; 2004, c. 6, s. 10 .