The ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT,1989 (ACT NO. 6 OF 1990)
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT,1989
(ACT NO. 6 OF 1990)
[Assented by the President of India on 24/08/1990 and published in AP EOG No 305 Vol IV Dtd
14.09.1990]
1.As amended by the Arunachal Pradesh Agricultural Produce Marketing (Regulation) (Amendment)
Act 2006 ( Act no 6 of 2006) & assented by the Governor of AP on 05.05.2006 and published in AP
EOG No 43 Vol XIV Dtd 15.05.2006 .[ wet 15.5.2006]
AN
ACT
to provide for the better regulation of marketing of agricultural produce and the establishment and proper
administration of markets for agricultural produce in the State of Arunachal Pradesh.
Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Fortieth Year of the Republic
of India as follows :
CHAPTER-I
PRELIMINARY
1 (1) This act may be called the Arunachal Pradesh Agricultural
Produce Marketing (Regulation) Act, 1989.
(2) it extends to the whole of Arunachal Pradesh.
(3) It shall come into force on such date as the Government may
by notification in the Official Gazette, appoint.
Short title, extent and
commencement
2. In this Act, unless the context otherwise requires,-
(l) "agricultural produce" means all produce and commodities,
whether processed or unprocessed, of agriculture, horticulture,
apiculture,pisciculture,viticulture, sericulture, animal husbandry,
fleeces and skins of animals, forest products etc. as may be
prescribed or declared by the Government by notification and also
includes admixture of two or more of such produces.
Definitions.
(2) "agriculturist" means a person who ordinarily by his own labour
or by the labour of any member of his family or who by the labour
of his tenants or by servants or hired labour or otherwise is engaged
in the production or growth of agricultural produce, but does not
include trader, commission agent, processor or broker or a partner
in a trading farm or industrial concern in or in relation to agricultural
produce.:
Provide that if a question arises whether any person is an
agriculturist or not for the purpose of this Act, the decision of the
Deputy Commissioner of the District which such person is engaged
in the production or growth of agricultural produce shall be final;
(3) "Board" means the Arunachal Pradesh Agricultural Marketing
Board constituted under Section 44 of this Act :
(4) "Buyer" means an agent who in consideration of commission
merely negotiates and brings about contract for the purchase or
sale of notified agricultural produce on behalf of his principal, but
does not receive, deliver, transport. pay for the purchase of or
collect the payment for the sale of notified agricultural produce;
(5) "buyer or purchaser" means a farm a persona company or co
operative society or Government agency, public undertaking,
public agency or corporation, commission agent who himself or on
behalf of any person or agent buys or agrees to buy agricultural
produce in the market area as notified under this Act or rules made
thereunder;
(6) "commission agent" or "arhetia" means a person who in the
ordinary course of business, makes or offers to make a purchase or
sale of agricultural produce on behalf of the seller or purchaser of
agricultural produce within or outside the market area or keep it in
his custody and controls it during the process of its sale or purchase
and collects payment thereof for a commission agent or arhetia ;
*[(6) (a) "Contract Farming" means farming by a person called
"Contract Farming Producer/I under a written agreement with
another person called "Contract Farming Sponsor' to the effect that
his farm produce shall be purchased as specified in the agreement.
{6) (b) "Contract Farming Agreement" means the agreement made
for contract farming between Contract farming sponsor and
Contract Farming Producer.]
*[Inserted by 2006 (Arndt) Act (Act no 6 of 2006.s.2.]
(7) "Director" means any person appointed by the Government as
Director of Agriculture Marketing for the purpose of this Act and
includes any officer empowered by the Government to exercises or
perform the powers and functions of the Director under this Act or
Rules or the bye laws made thereunder;
(8) "Deputy Commissioner" means the Deputy Commissioner of the
district concerned and includes Additional Deputy Commissioner:
(9) "Government" means the Government of Arunachal Pradesh;
(10) "Hamal" means a labour, hamal or coolie engaged for para
making, loading unloading, filling, stitching, emptying or carrying
any agricultural produce in the notified market area;
(11) "licence" means a licence granted under this Act. :
(12) "licensee" means a person or association, farm company,
Public Sector-undertaking or society holding a licence issued under
this Act
(13) "local authority" means for the purpose of representation on
the Market Committee in relation to an area within the local limits
of. -
(i) ~n any Municipal area, the Municipal Corporation, the Municipal
Council, the Cantonment Board, the Sanitary Board, the Town
Committee, Town Improvement Trust or the Notified Committee or
any authority for such area ;
(ii) in any rural area, the Village Panchayat, Zila Parishad, or Anchal
Samiti or any other authority constituted under the NEFA
Panchayat Raj Regulation, 1961 :
(14) "market area" means any area notified as market area under
section 4 of this Act :
{15) "market charges" includes charges on account or in respect of
cornrmssron, brokerage, weighing,measuring,hamali (loading,
unloading and carrying) cleaning, drying, sewing, stitching, stacking,
hiring, gunny-bags, stamping, bagging, storing, warehousing,
grading, surveying, transporting and processing :
{16) "Market Committee' means any committ ee
constituted as Market Committee under Section 10 of this Act ;
(17) "market functionary" means a dealer, a broker, a commission
agent, buyer, hamal, processor, a stockist, a trader and such other
person as may be declared to be market functionary under the rules
or bye-laws made under this Act ;
(18) "marketing" means buying and selling of agricultural produce
and includes grading, processing, storages transport, channels of
distribution and any other functions associated with the buying and
selling;
(19) "market proper" means any area including all lands with the
buildings and structures thereon within such distance of the
principal or sub-market yard as the Government may by a
notification, declare it to be a market proper;
(20) "notified agricultural produce" means any agricultural produce
notified under section 4 of this Act ;
{21) "principal market yard" in relation to a market area means a
specified place and includes any enclosures, buildings or locality
declared as such in any market area by the Government or by the
Director, by notification ;
*[(21 )(a) "Private market Yard" means such place other than the
market yard/sub-market yard in the market area where
infrastructure has been developed and managed by a person for
marketing of notified agricultural produce holding a licence for this
purpose under this Act.]
*[Inserted by 2006 (Arndt) Act (Act no 6 of 2006.s.2.]
(22) "processing" means any one or more of series of treatment
relating to powdering, crushing decorticating, husking, parboiling,
polishing, ginning, pressing, curing or any other manual,
mechanical, chemical or physical treatment to which raw
agricultural produce or its product is subjected to:
(23) "processor" means a person who processes any notified
agricultural produce on his own accord or on payment of a charge;
(24) "Regulation" means a Regulation made under section 51 of this
Act;
(25) "retail sale" in relation to a notified agricultural produce means
a sale not exceeding such quantity, as the Market Committ ee may
determine to be a retail sale in respect thereof;
(26) "Secretary" means the Secretary of a Market Committ ee and
includes any other officer empowered to exercise such powers and
functions of the Secretary :
(27) "seller" means a person who sells or agrees to sell any
agricultural produce and includes a person who sells on behalf of
any other person as his agent or servant or commission agent :
(28) "sub-market yard" in relation to a market area means a
specified place and includes any enclosure, building or locality.
declared as such in any market area by the Government or the
Director, by notification ;
(29) "trade allowances" means anything realised in cash or kind by
the purchaser from seller in any transaction relating to agricultural
produce, either by deduction from the price agreed upon or
otherwise;
(30) "trader" means any person who in his normal course carries on
the business of buying or selling, storing or processing of any
agricultural produce as a principal or an authorised agent.
CHAPTER -II
CONSTITUTION AND REGULATION OF AREAS
3.(1) The Government may, by notification in the Official Gazette,
declare its intention of regulating the purchase and sale of such
agricultural produce in such areas as may be specified in the
notification.
(2) The notification under sub-section (I) shall state that any
objection or suggestion received by the Government within a
period of not less than one month to be specified in the notification
under sub-section (I) shall be considered by the Government.
4. After the expiry of the period specified in the notification issued
under section 3 and after considering such objections and
suggestions as may be received before such expiry and after making
such inquiry, as may be necessary, the Government may, by
notification in the Off icial Gazette, declare the area specified in the
notification issued under section 3 or any portion thereof to be a
market area for the purpose of this Act In respect of all or any of
the kinds of agricultural produce specific in the said notification.
5. (I) Subject to the provision of sections 3 and4, the Government
may at any time by notification in the Off icial Gazett e exclude from
any market area, any area or any agricultural produce comprised
therein or include in any market area, any area or any agricultural
produce as included ill the notification issued under section 3. area
or may declare that the regulation of the marketing of any
agricultural produce in any market area shall cease or that the
marketing of any agricultural produce (hitherto not regulated)shall
be regulated in such market area :
Provided that no notification shall be issued under this section
without giving previous notice which shall not be less than 45 days
from the date of notice.
Notification of
intention of
exercising control
over purchase and
sale of agricultural
produce in specified
areas.
Declaration of marke
area.
Alteration of marke
area and items of
Regulated agricultural
produce.
(2) Where a notification is issued under sub-section(!), excluding
any area from any market area and such excluded area is not
declare to be a separate market area or a notification is issued
including any area within the market area, the Market Committee
constituted for such market area before the date of such exclusion
or inclusion shall not withstanding anything contained in this Act,
continue to be the Market Committee for the said market area until
a new Market Committ ee is constituted for such market area.
(3) When any area cease to be a market area under subsection (1),
the Market Committee constituted therefore shall cease to exist,
and the property and rights vested in such Market Committ ee shall
subject to all charges and liabilities resulting from such ceasing vest
in the Government.
(4) Where any such area is included in two or more other market
areas the Government may, by order, direct that such property,
rights, charges and liabilities shall vest in the Market Committ ees of
such areas in such manner and in such proportions as maybe
specified in such order.
6. Where the Government is satisfied that for securing efficient
regulation or marketing of any agricultural produce in any market
area, it is necessary that two or more Market Committees therein
should be amalgamated, than the Government may after
consulting the Market Committees concerned direct for the
amalgamation of such Market Committ ees into a single Market
Committee for the market area in respect of the agricultural
produce specified in the notification, with such constitution,
property, rights, interests and authorities and such liabilities, duties
and obligations(including provision in respect of contracts, assets,
employees, proceedings and such incidental, consequential and
supplementary matters as may be necessary to give effect to such
amalgamation) as may be specified in such direction.
7. (I) Subject to the provision of sections 3 and4, the Government
may divide a market area into two or more separate market areas.
(2) When during the term of a Market Committee the market area
for which it is established is divided into two or more separate
market areas, the following consequences shall be ensured:
(a) the Market Committ ee constituted for the market area under
this Act shall be deemed to have been dissolved and the
Government shall constitute separate Market Committ ee under
section13 for each of the separate market areas subject to such
conditions as may be prescribed;
(b) the term of office of the newly constituted committees shall be
the same as is applicable to the fist Market Committ ee under sub
section (1) of section 13
Amalgamation and
division of Market
Committee.
Division of market a rec
into two or rnon
separate market
areas.
(c) the assets, rights and legalities of the dissolved Market
Committee shall be distributed by the Government between the
new market Committ ees in such manner as may be prescribed ;
(d) any appointment, notification, notice, fee, order, scheme,
licence, permission, bye law or form made, issued or imposed by
the Market Committ ee so dissolved. in respect of any part of the
area subject to the authority of the new Market Committed shall be
deemed to have been made, issued or imposed by such Market
Committee concerned unless and until it is superseded by any
notification, notice, fee, order, scheme, licence, permission, rule,
bye-laws, or form made, issued or imposed by it.
(3) If any difficulty arises in giving effect the provisions of this
section, the Government may,by order published in the Official
Gazette, as the occasion may require, do anything which appears to
it to be necessary to remove such difficulty-
8. (I) For each market area, there shall be one principal market yard
and one or more sub-market yards corresponding to market
proper, as may be necessary.
(2) The Government may, as soon as may be, by notification in the
official Gazette declare:
(i) any specified place including any structure, enclosure, building
or locality in the market area to be the principal market yard and
other enclosures, building or localities in such area to be sub
market yard for the area ; and
(ii) any area including all lands with the building thereon within such
distance of the market yard as it thinks fit to be the market proper.
9. (1) On the establishment of a market undersection 4 no local
authority or other person shall, notwithstanding anything
contained in any law for the time being in force, set up, establish or
continue or allow to be set up, established, continued or used
anyplace in the market area/ market proper for the marketing of
any agricultural produce so notified except in accordance with the
provisions of this Act and rules and bye-laws made there-under.
(2) Nothing in sub-section (I) shall apply to-
(i) the purchase or sale of any agricultural produce if the producer
of such produce is himself its seller and the purchaser is a person
who purchases such produce for his own private consumption or if
such agricultural produce is sold by retail sale to a person who
purchases such produce for his own private consumption ;
(ii) such agricultural produce which is purchased by an authorised
fair price shop dealer from the Food Corporation of India, the State
Commodity Trading Corporation or any other agency or institution
authorised by the Government for distribution through the public
distribution system;
Declaration of marke
yards, submarket yard
and market proper.
Control of marketing o
Notified agricultural
produce:
(iii) the transfer of such agricultural produce to a Co-operative
Society, warehouse or a Bank for the purpose of securing an
advance therefrom.
CHAPTER- Ill
CONSTITUTION OF MARKET COMMITTEES
10. (I) For every market area, there shall be a Market Committ ee
having jurisdiction over the entire market area.
(2) Every such Market Committ ee shall be a body corporate by such
name as the Government may, by notification specify and it shall
have perpetual succession and a common seal and may sue and be
sued in its corporate name and shall subject to such restrictions as
are imposes by or under this Act, be competent to conduct and to
acquire, hold, lease, sell or otherwise transfer any property and to
do all other things for the purpose for which it is established :
Provided that no immovable property shall be acquired or
transferred by way of sale, lease or otherwise without the prior
permission of the Director or the Board,
(3) Notwithstanding. anything contained in any law for the time
being in force, every Market Committ ee shall, for all purposes
11. (I) The Market Committee may require a local authority to
transfer to it any land or building belonging to the local authority
which is situated within the market yard and which immediately
before the establishment of the market was being used by the local
authority for the purposes of the market and the local authority
shall within one month of the receipt of the requisition, transfer the
land and/or building, as the case may be, to the Market Committee
on such terms as may be agreed upon between them.
(2) Where, within a period of thirty days from date of receipt of
requisition by the local authority under sub-section (I), no
agreement is reached between the local authority and the Market
Committ ee under sub-section (I) the land or building required by
the Market Committ ee€ shall vest in the Market Committ ee for the
purpose of this Act and the local authority shall be paid such
compensation as may be determined by the Deputy Commissioner
under sub-section (5):
Provided that no compensations shall be payable to a local
authority in respect of any land or building which had vested in it
by virtue of tire provision contained in the law relating to the
constitution of such local authority without payment of any amount
whatso ever for such vesting:
Provided further that any party aggrieved by the order of the
Deputy Commissioner may, within thirty days from the date of such
order appeal to the Government.
(3) The local authority shall deliver possession of the land or
building vesting in the Market Committee under s b-section (2)
Establishment o
Market Committee am
its incorporation.
Vesting of property o
local authority i1
Market Committee
within a period of seven days from such vesting and on failure of
the local authority to do so within the period aforesaid, the Deputy
Commissioner shall take possession of the land or building and
cause it to be delivered to the Market Committee.
(4) Subject to the order of the Government the order of the Deputy
Commissioner under sub-section (2) shall be final and binding on
both the parties.
(5) The Deputy Commissioner shall fix the amount of compensation
for the land or building having regard to:-
(i) the annual rent for which the building might reasonably be
expected to be let from year to year
(ii) the condition of the building;
(iii) the amount of compensation paid by the local authority for the
acquisition of such land ;and
(iv) the cost or the present value of any building erected or other
work executed on the land by the local authority.
(6) The compensation fixed under sub-section (S)may, at the option
of the Market Committ ee, be paid in lump sum or in such number
of equal instalments not exceeding ten instalments as the Deputy
Commissioner may fix :
Provided that where the compensation is paid in instalment it shall
carry an interest at the rate as maybe fixed by the Deputy
Commissioner which shall be payable along with the instalments.
12. The Government may on the request of the Board or the Market
Committee, as the case may be, acquire such land required for the
purposes of this Act, under the provisions of the Land Acquisition
Act, 1894(No. I of 1894) and shall determine the compensation
according to the provisions of the said Act.
13. (I) For every Market Committ ee established under sub-section
(I) of section 10, it shall consist of the following members namely :
(i) two agriculturists to be nominated by the Deputy Commissioner
(ii) two traders holding valid licence under this Act to be elected by
the traders amongst themselves in the manner prescribed ;
(iii) one to be elected by the Co-operative Societies from amongst
themselves in the manner prescribed;
(iv) four members to be nominated by the Government of whom
one shall be nominated from Anchal Samity.
(2) When a Market Committee is constituted for the first time, all
the members shall be nominated by the Government and such
members shall hold off ice for a period of three years.
14. (I) Every member of a Market Committee other than the first
one constituted by the Government shall hold off ice for three years
commencing from the date of first meeting of the constituted
Market Committee at which a quorum is present and the Market
Acquisition of land
for the purposes of thi
Act.
Composition
of Market
Committee
Term of office of
Members of Market
Committee,
Committee, shall, thereafter be reconstituted every three years
before the expiry of the third year and not earlier than three
months prior to such expiry.
(2) The term of three years referred to in sub-section (I) shall
include any period which may lapse between the expiry of the said
three years and the date of the first meeting of the constituted
Market Committee, at which a quorum is present.
(3) The Government may by notification for sufficient cause to be
stated therein, direct from time to time that the term of office of
the members of a Market Committ ee be extended by such period
not exceeding
One year as may be specified in the notification.
(4) A member elected or appointed under sub-section (I) of section
13 shall cease to hold office, if he ceases to be a member of the
category of persons from which he was elected or appointed.
(5) A member shall also cease to hold office if he in writing resigns
his membership and the same is accepted by the Market
Committee or if he is removed by the Government under the
provisions of this Act.
(6) Whenever any vacancy occurs in membership for any of the
reasons aforesaid or on account of death the said vacancy shall be
filled in by election, nomination or appointment, as the case may
be, and every such member elected, nominated or appointed, shall
hold office for the unexpired portion of the term of the member in
whose place he is elected, nominated or appointed.
(2) The term of three years referred to in sub-section (I) shall
include any period which may lapse between the expiry of the said
three years and the date of the first meeting of the constituted
Market Committ ee, at which a quorum is present.
(7) Notwithstanding any vacancy in a Market Committee it shall be
competent to exercise its powers and perform its duties and none
of its actions shall be questioned merely on the ground of its
existence of any vacancy in or any defect in the constitution of the
committee.
15. (I) The Chairman of the Market Committ ee shall be appointed
by the Government out of four members nominated under clause
(iv) of sub-section (I) of section 13 and Vice-Chairman shall be
elected from among other members of the committ ee in the
manner as prescribed and the Chairman and Vice-Chairman shall
exercise such powers and carry out such functions as delegated of
conferred upon them under this Act or rules made thereunder,
(2) Wherever for any reason, the offices of both the Chairman and
the Vice-Chairman of any Market Committ ee falls vacant the
Government shall appoint any one from amongst the members of
such Market Committ ee as Chairman to hold such office
temporarily till a Chairman is elected
Chairman and
Vice-Chairman
of Market Committee
(3) The Chairman or in his absence, the Vice-Chairman shall preside
at every meeting of the Market Committee and in the absence of
both the Chairman and the Vice-Chairman from any meeting the
members present shall elect one from amongst themselves to
preside over that meeting :
Provided that no candidate for election to the office of Chairman or
Vice-Chairman shall preside over the election.
{4) When a meeting is held for the removal of the Chairman or the
Vice-Chairman or both-
{a) the Vice-Chairman or in his absence a member duly elected at
the meeting, shall preside, if the resolution relates to the removal
of the Chairman ;
{b) the Chairman or in his absence a member duly elected at the
meeting shall preside if the resolution relates to the removal of the
Vice-Chairman ;
{c) a member duly elected at the meeting shall preside if the
resolution relates to the simultaneous removal of both the
Chairman and the Vice-Chairman.
16. {I) The Chairman or Vice-Chairman of any Market Committee
may be removed from office by a resolution adopted by at least
two-third of the total numbers of the Market Committ ee present
and voting at the meeting convened for the purpose.
{2) The Government may, after giving an opportunity to explain,
remove the Chairman or Vice-Chairman of a Market Committ ee
from office if he persistently omits or refuses to carry out or
disobeys the provisions of the Act or the rules made thereunder or
any directive issued by the authority from time to time, or if he is
deemed or becomes incapable of so acting or is declared insolvent
or is convicted by a criminal court for any offence involving moral
turpitude or declared disqualified under any of the provisions of
this Act and the rules made thereunder.
17. {I) No business shall be transacted at any meeting of the Market
Committee unless such meeting is called by the Secretary under
such direction of the Chairman or the Vice-Chairman, as the case
may be, required on a requisition by the members as prescribed
and unless a quorum be present.
(2) The quorum referred to sub-section {I) shall be one-third of the
total number of members.
{3) If at any meeting the prescribed quorum is not present the
meeting shall stand adjourned to some future day to be appointed
by the Chairman, Vice-Chairman or any member who may preside
in the meeting, as the case may be and the members present at
such adjourned meeting shall form a quorum whatever their
number may be.
Removal of Chairman
and Vice-Chairman.
Calling of meetings
and quorum.
18. The objects of the Market Committee shall be as follows : -
(I) to maintain and manage the market area and to control, regulate
and run the market in the interest of the agriculturists and traders
holding licence under this Act;
(2) to regulate and control transaction in the market and to deal
license holder who defaulted to open, close and suspend trade in
any regulated commodity, to sett le disputes, levy and recover
market charges, fees of an agricultural produce, license and other
fees, to impose fines and penalties;
(3) to act as a mediator, arbitrator or surveyor in all matt ers of
differences, disputes, claims, etc., between license holders' interest
or between them and agriculturists making use of the market as
sellers of agricultural produce;
(4) to control and regulate the admission to the market to
determine the conditions for use of the market and to prosecute
and confiscate the goods belonging to person trading without a
valid license;
(5) to bring, prosecute or defend or aid in bridging, prosecuting or
defending any suit, action proceeding, application or arbitration on
behalf of the Market Committee or otherwise directed by the
Government ;
(6) to purchase, hire or acquire any land for construction of any
house thereon or other movable or immovable property and other
equipment for the purpose of its business, to raise fund from the
Government or otherwise with the approval of the Director for the
said purpose and to enter into arrangements with the Government,
local authority or otherwise and to comply with such arrangements
; and to do such other things as may be required for the purpose of
achieving the object and requirements of the Act, and the rules and
the bye-laws framed there- under.
19. A Market Committ ee shall have the power to regulate the entry
of a person to the market, to supervise the behaviour of the
persons so entered for transacting business and to take disciplinary
action against the license holder who fails to full the conditions of
the license or any direction of the Market Committee.
20. It shall be the duty of every Market Committ ee to enforce the
provisions of this Act, the conditions of license granted under the
rules and bye-laws framed under this Act in the market area and to
provide such facilities as the Government may, from time to time,
direct in connection with the purchase sale of agricultural produce
concerned.
21. A Market Committ ee may appoint a subcommitt ee or a joint
committee or an adhoc committee from amongst its members or
non-members of the market area for the administration of the sub
market yard, for the conduct of any work or for reporting or
Objects of the Market
Committee.
Power of Market
Committee.
Duties of the Market
Committee
Appointment of
Sub-committee and
Joint committee.
recommending or deciding any matt er or matt ers and may delegate
to such committ ees such of its powers or duties as it may think fit.
22. Every Market Committ ee shall have a Secretary appointed by
the Director subject to such terms and condition as may be
prescribed and he shall also exercise such powers and functions as
may be prescribed
23. (I) A Market Committ ee may also employ such other officers and
staff as may be necessary for the management of the market and
may pay such officers and staff such salaries as it may think fit:
Provided that the Market Committ ee, shall in the case of any other
office/officers or staff of the Government whom it may employ, pay
such pension or other contribution, gratuity and other allowance as
may, be required by the condition of his/her service/services under
the Government for the time being in force.
(2) A Market Committ ee may also, in the case of any of its officers
and staff other than those of the Government provide for payment
for such leave allowances, pensions and gratuities as it may deem
proper and may contribute to any provident fund which may be
established for the benefit of such officers and staff.
(3) The powers conferred by this section on Market Committee
shall be exercisable by it subject to any rules made in this behalf by
the Government.
24. Every contract entered into by a Market Committee shall be in
writing and shall be signed by its Chairman and two members of the
committee.
25. Every Market Committ ee shall levy and collect cess or fees on
the agricultural produce brought into or sold in the market area in
a manner end at the rates as may be prescribed :
Provided that the cess or fees so levied shall not be less than two
rupees per one hundred rupees of the price of the agricultural
produce.
Explanation:- For the purpose of this section all notified agricultural
produce taken out or proposed Tobe taken out of a market area
shall, un less the contrary is provided, be presumed to have been
brought or sold within such market area by the person in possession
of such produce.
26. (I) Any officer or servant of the Market Committ ee or the Board
empowered in this behalf, may for purposes of this Act require any
persons carrying on business in any kind of notified agricultural
produce, to produce before him the accounts and other documents
and to furnish any information relating to the stocks of such
agricultural produce, or purchases, sales and deliveries of such
agricultural produce by such person and also any other information
Appointment
Secretary.
0
Appointment am
salaries of staff o
Market Committee.
Execution of contracts
Power to levy cess o
fees.
Power to orde
production of accounts
and powers of entry
inspection,
seizure etc.
relating to payment of the market fees or cess or any other
payment to the seller by such person.
(2) All accounts and registers maintained by any person in the
ordinary course of business in any notified agricultural produce and
documents relating to the stock of such agricultural produce, or
purchases, sales and deliveries of such agricultural produce in his
possession and the office, establishments, godowns, vessels or
vehicles of such persons shall be open to inspection at all
reasonable times by such officers and servants of the Market
Committee as may be authorised in this behalf by the Committ ee.
(3) If any such officer or servants has reasons to suspect that any
person is att empting to evade the payment of any market fee or
cess or any other charges due from him under this Act or rules or
the byelaws made thereunder or that any person has purchased
any notified agricultural produce in contravention of any of the
provisions of this Act or the rules, or the byelaws made thereunder
be may for reasons to be recorded in writing, seize such accounts,
registers or documents of such person as may be necessary and
shall grant a receipt for the same and shall retain the same so long
as may be necessary for examination thereof or for a prosecution
as the case may be.
(4) For the purpose of sub-section (2) or sub-section(3), such officer
or servant may enter or search any place of business, warehouse,
office establishment,godown, vessel or vehicle where such officer
or servant has reason to believe that such person keeps, for the
time being, any accounts, register or documents of his business, or
stock notified agricultural produce relating to his business, and the
provisions of section 100 of the Code of Criminal Procedure, 1973,
shall apply to every such search.
27. (1) At any time when so required by any officer or servant of a
Market Committee or Board/Director empowered in this behalf,
the driver or any other person in charge of any vehicle, vessel or
other conveyance, which is taken or proposed to be taken out of
the market area shall stop the vehicle, vessel or other conveyance.
as the case may be and keep it stationary as long as may be
reasonably necessary and allow such officer or servant to examine
the contents in the vehicle, vessel or other conveyance and inspect
all records relating to the notified agricultural produce carried and
give his name and address and the name and address of the owner
of the vehicle vessel or other conveyance and of the owner of the
notified agricultural produce carried in such vehicle, vessel or other
conveyance.
(2) The officer or servant of the market Committ ee or Board
empowered under sub-section (1) shall have power to seize any
notified agricultural produce taken or proposed to be taken out of
the market area in any vehicle. vessel or other conveyance, if such
officer or servant has reason to believe that any fee or other
Power to stop vehicles
etc.
'
amount due under this Act in respect of such produce has not been
paid:
Provided that such seizure shall forthwith be report by the officer
or servant aforesaid to a magistrate having jurisdiction to try the
offence under this Act and the provisions of Sections 457, 458 and
459 of the Code of Criminal Procedure, 1973, shall so far as may
be,apply in relation to the notified agricultural produce seized as
aforesaid as they apply in relation to property seized by police
officer.
28. Every Market Committee shall keep in the market yard two sets
of weighing and measuring instruments as prescribed under the
Arunachal Pradesh Weights and Measures (Enforcement) Act, 1979
and rules made thereunder and such instruments shall be tested,
verified and stamped in accordance with the provisions of the said
Act or Rules made thereunder
29, Every encroacher of market yard, sub-market yard or yards shall
be evicted therefrom in such manner and procedure as provided in
law in force for eviction of encroacher of Government land.
CHAPTER-IV
MARKET COMMITI EE FUND AND BUDGET
30. (I) There shall be a Fund to be called the Market Committee
Fund to which all moneys received by the Committ ee shall be
credited and all expenditure incurred by the Market Committee
under or for the purposes of this Act shall be defrayed out of the
said Fund and any surplus remaining with the Market Committ ee
after such expenditure shall be invested in such manner as may be
prescribed
(2) Save as otherwise provided in this Act, the amount to the credit
of the said Fund and all other moneys received by the Market
Committee shall be kept in Co-operative Bank or in Post Office
Saving Bank or in any other Bank with the approval of the Director
or Board.
31. Subject to the provisions of section 30 the Market Committee
Fund shall be expanded for the following purpose only, namely :-
(i) the acquisition of site or sites for the market;
(ii) the establishment, maintenance and improvement of the
market.
(iii) the construction and repair if buildings necessary for the
purpose of the market and for convenience or safety of the
persons using the market :
(iv) the maintenance of standard weights and measures;
(v) the meeting of establishment charges including payment
and contribution towards provident fund, pension, gratuity
Use of weighing am
measuring instruments
Eviction of encroacher!
of market yard or yard:
Market Committee
Fund.
Application of Market
Committee Fund.
and all other allowances of the officers and servants
employed by a Market Committee;
(vi) loans and advances to the employees of the committees;
(vii) the payment of interest on the loans that may be raised for
the purpose of the market and provisions of sinking fund in
respect of such loans;.
(viii) the collection and dissemination of information relating to
crop statistics and marketing of agricultural produce;
(ix) expenses incurred in auditing the accounts of the market
Committee;
(x) payment of honorarium including travelling allowances of
the Chairman, the Vice-Chairman and other members of
the Market Committ ee and sitt ing fees payable to member
for attending the meeting etc;
(xi) contribution to Arunachal Pradesh Agricultural Marketing
Board as prescribed and Consolidated Fund of the State to
the extent required for salary, of the employees of the
Board :
(xii) contribution to any scheme for development of agricultural
marketing including transport and scientific storage
(xiii) to provide facilities like grading services and
communication to agriculturists in the market areas;
(xiv) to provide for development of agricultural produce in the
market area ;
(xv) payment of expenses and incidental to elections under this
Act
(xvi) incurring of all expenses for research, extension and
training in marketing of agricultural produce;
(xvii) prevention in conjunction with other agencies, State,
Central and others of distress sale of agricultural produce :
(xviii)fostering co-operative marketing and assisting-operative
marketing societies in the procurement and organisation of
profitable disposal of produce, particularity the produce
belonging to small and marginal farmers;
(xix) any other propose connected with the marketing of
agricultural produce under this Act whereon the
expenditure of market Committ ee Fund is in the public
interest subject to the prior sanction of the Director/Board.
Power to
32. (I) A Market Committee may, with the previous sanction of the ;>) borrow.
Government raise money required for carrying out the purpose for
which it is established on the security of any property, vested in it
and of any fees liveable by it under this Act.
(2) The Market Committ ee may for the purpose of meeting the
initial expenditure on lands, buildings and equipment's required
for establishing the market, obtain loan or grant,-in-aid from the
Government.
(3) the conditions subject to which such money or loan or grant-in
aid should be raise or obtained and the time within which the same
shall be repayable, shall be subject to previous, sanction of the
Government.
Preparation am
/f sanction of budget 33. (I) Every Market Committee shall prepare and pass the budget
of its income and expenditure for the ensuing year in the prescribed
form and shall submit it to the Board for sanction before the
prescribed date every year and on receipt thereof the Board shall
sanction the budget with or without modification within two
months from the date of receipt thereof and if it is not returned by
the Board within two months it shall be deemed to have been
sanctioned.
(2) No expenditure shall be incurred by a Market Committee on any
· item, if there is no provision in the sanctioned budget or unless it
can met by reappropriation from saving under any other head and
any sanction for appropriation may be obtained from the Board :
Provided that in case of reappropriation from minor heads under
one major head, sanction for reappropriation shall not be required.
(3) A Market Committ ee shall at any time during the l ear for which
any budget has been sanctioned cause a revised or supplementary
budget to be passed and sanctioned in the same manner as if it was
an original budget;
(4) The Market Committee may take up or give order for execution
of any construction work up to the estimated value of not
exceeding rupees one lakh without prior permission of the Board;
(5) Any construction work of the Marketing Committ ee shall be
awarded in pursuance of open tender system only,
CHAPTER-V
REGULATION OF TRADING
34. No person shall, in respect of any notified agricultural produce,
.operate in the market area as trader, commission agent, broker,
weighman, hammal, surveyor, warehouseman, owner or occupier
of processing or pressing factories or such other market
functionary, except in accordance with the condition of a licence
granted under the provision of this Act and the rules and bye-laws
made thereunder.
*[CHAPTER V-A
ESTABLISHMENT OF PRIVATE YARD
34.A. Notwithstanding anything contained in this Act the /
Director/ Chief Executive Off icer of the Arunachal Pradesh
Agricultural Marketing Board may grant licence to purchase
agricultural produce by establishing private yard or direct f rom
Agriculturist in one or more market area f or :
a. process of the notified agricultural produce;
Regulation of persons
operating in the marke
area.
Establishment of
Private yards, and
direct purchase of
agricultural produce
from
agriculturist( direct
purchasing
from Produce)
b. trade of notified agricultural produce of particular
specification;
c. export of notified agricultural produce;
d. grading, packing and transaction in other way by value
addition of notified agricultural produce.]
*[Inserted by 2006 (Amd) Act (Act no 6 of 2006.s.3.]
Power to grant
~ licences.
35. (I) Any person who desire to operate in the market shall apply·
to the Market Committ ee for the grant of a licence or renewal of a
licence under this Act.
(2) Every such application shall be accompanied by such fee as may
be prescribed.
(3) On receipt of application under sub-sections (I) and (2) the
Market Committ ee shall grant a licence with such terms and
conditions and for such period as may be prescribed or renew the
licence in case of renewal or refuse to grant or renew after
recording of its reason :
Provided that if the Market Committee fails to grant or renew a
licence within a period of six), days from the date of receipt of
application, the licence shall be deemed to have been granted or
renewed, as the case may be.
(4) The Market Committee may, by a resolution, pass in that behalf
and with the prior approval of the Director or the Board, direct that
no commission agent or a broker or both shall act in any transaction
between tExcerpt shown. Open the full act in Lexace.
Lex