The Arunachal Pradesh agricuture Produce and Livestock Marketing (Promotion and Facilitation) Act 2017
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actThe Arunachal Pradesh Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 188 Vol. XXIV, Naharlagun, Tuesday, May 5, 2018, Visakha 25, 1940' (Saka) GOVERNMENT OF ARUNACHAL PRADESH LAW, LEGISLATIVE AND JUSTICE DEPARTMENT CIVIL SECRETARIAT ITANAGAR - . NOTl7l9J'2f ~ I - The11t~ .~ No. Law/Legn-35/2017. - The following Act of Arunachal Pradesh Legislative Assembly which was passed in the Fifteenth Session of the Sixth Legislative Assembly and received the assent of the Governor of Arunachal Pradesh is hereby published for general information. (Received the _assent of the Governor on 7th May, 2018) THE ARUNACHAL PRADESH AGRICULTURE PRODUCE AND LIVESTOCK MARKETING (PROMOTION AND FACILITATION) ACT, 2017 (ACT N0 .10 of 2018) An Act to provide for geographical restricted trade transaction of Agriculture produce including livestock across the state and country; to give freedom to the agriculturist to sell their produce across time and space; to enhance transparency in trade operations and price settlement mechanism adoption of electronic and other and innovation form of technology .to promote emergence of multiple channels for competitive marketing, micro agri processing and agriculture export; to encourage investment in developing in markets and marketing infrastructure in state ofArunachal Pradesh; and as such it is expedient to put in place facilitative regulation, professional management and conducive frame work therefore and purposes connected therewith and to lay down procedures and system thereto; Be it enacted by the legislative Assembly of Arunachal Pradesh in the Sixty eighth Year of Republic of India as follows.- CHAPTER- I PRELIMINARY 1. ( 1) This Act may be called "Arunachal Pradesh Agricultural Produce an Livestock Short title, Marketing" (Promotion and Facilitation) Act, 2017. extent (2) It extends to the whole of Arunachal Pradesh. (3) It shall come into force on such date as the State Government may, in the official Gazette notification, appoint. 2. In this Act, unless there is anything repugnant in the subject or context- (1) "Ad-hoc buyer" Include buyer to be registered under Section 74 of this Act; (2) "Agricultural produce" includes all produce, whether processed or not, of agriculture, horticulture, apiculture , forest excluding trees grown on private land to be specified in the Schedule by the State Government from time to time as may be deemed expedient; (a) "Agriculturist" means a person who is engaged in production of agricultural produce including rearing of livestock by himself or byhired labour or otherwise, including tenant; (b) "Agriculturist" also includes association of farmers, by whatever name called. registered under any law for the time being in force and is engaged in aggregation of member farmers' produce including livestock; (Explanation: If a question arises, as to whether any person is an agriculturist or not for the purpose of this Act, the decision of the Deputy Commissioner and commencement Definition. 2 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 of the District shall be final. Further, the expressions of land holder and tenant shall have the meaning assigned to them in the respective Land Reforms Act of the States) (3) "Assaying lab" means a laboratory set up, as prescribed in the Rules/Bye-laws/ guidelines/ instructions, for testing of quality parameters as per the tradable parameters or grade-standards or any other parameters notified by the competent authority; (4) "Board" means theArunachal Pradesh Agricultural Produce Livestock Marketing Board, established by respective State Government of Arunachal Pradesh; (5) "Buyer" means a person, who himself or itself or on behalf of any person or agent buys or agrees to buy agricultural produce including livestock in the market; (6) "Bye-laws" means subject to any Rules made by State Government under this Act, the Market Committee may, in respect of principal market yard and sub market yard(s) or other sub market- yard(s) under its management, make Bye laws for the regulation of business and conditions of trading therein"; (7) "Cold storage" means cold storage declared as market sub-yard under Section 12 of this Act"; (8) "Commission agent'' me·a'ns a person who buys or sells agricultural produce including livestock on behalf of his principal, or facilitates buying and selling at primary and other level of transaction, on e-platform or any other mode of transaction and activities ancillary thereto , keeps it in his custody and controls it during t.he process of its sale or purchase, and collects payment thereof, if required, from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in such transaction; (9) "Delineated Market Area" means a geographical area notified under Section 5 for the purpose of election of the Members of Market Committee and undertaking marketing related development therein ; (10) "Director" means Director of Agricultural Marketing or any other officer, except Managing Director of State Agricultural Marketing Board, appointed by the State Government by notification to exercise and/or perform such of the powers or functions of the Director of Agricultural Marketing under the provisions of this Act or the Rules, as may be prescribed in notification; (11) "Direct marketing" in relation to agricultural produce, means direct wholesale purchase of agricultural produce from the farmers by the processors, exporters, bulk buyers, etc outside the principal market yard, sub-market yard, private market yard and market sub-yard under section 13 of this Act; (12) "Electronic trading" means trading of notified agricultural produce including livestock in which registration, auctioning, billing, bookinq.contractinq, negotiating, information exchanging, record keeping and other connected activities are done electronically on computer network/ internet; t (13) "Electronic trading platform" means electronic platform set up either by State Government or its agencies or a person licenced under section 49 for conducting trading in notified agricultural produce including livestock through electronic media .. or by any means of communication in which registration, buying and selling, billing, booking, contracting and negotiating are carried out online through computer network/ internet or any other such electronic device; (14) "Export" means dispatch of agricultural produce including livestock outside India; (15) "Farmer-Consumer Market Yard" means market yard established under section 11 of this Act; (16) "Farmer-Producer Company (FPC)" means a company of farmer-producer members as defined in section IXA of the Indian Companies Act, 1956, including any amendments thereto, re-enactment thereof and incorporated with the Registrar of Companies; (17) "Government" means the State Government of Arunachal Pradesh. (18) "Government Agency" means State Agricultural Marketing Department/ Directorate, Arunachal Pradesh Agricultural Produce and Livestock Marketing Board (APAPLMB), Arunachal Pradesh Agricultural Produce and Livestock Market Committee (APAPLMC) established or constituted under this Act; (19) "Licence" means licence granted under the provisions of this Act; (20) "Licensee" means a person holding a licence issued under the provisions of this Act; (21) "Livestock" means cows, mithun, yak, buffaloes , bullocks, bulls, pigs, goats and sheep, and includes poultry, fish and such other animals, and products thereof, as may be specified in the Schedule by the state Government as may be deemed expedient; The Arunachal Pradesh ·Extraordinary Gazette, May 5, 2018 3 (22) "Managing Director" means Managing Director of the Arunachal Pradesh Agricultural Produce and Livestock Marketing Board or any other Officer, except the Director of Agricultural Marketing appointed by the State Government to exercise and/ or Reform such of the power and functions of the Managing Director. (23) "Market Committee" means the Aqricultural Produce and Livestock Market Committee established under the provisions of this Act or already established if any, under any other law for the time being in force. (24) "Marketing" in relation to agriculture produce means all activities involved in the flow of agricultural produce from production point commencing at the stage of harvest till the same reaches the ultimate consumers viz. grading, processing, storage, transport, channels of distribution and all other functions involved in the process; (25) "Market Sub-Yard" means warehouse/ silos/ cold storage or other such structure or place declared to be market sub-yard or deem to be market sub-yard under section 12; (26) "Market Yard" in relation to delineated market area includes principal market yard, sub - market yard and market sub-yard in such delineated market area notified by the Government, and managed and operated by the Agricultural Produce and Livestock Market Committee; (27) "Market Yard of National Importance" means a market yard as notified under Section 9 of this Act; · (28) "National Agriculture Market (NAM)" means an integrated market, without prejudice to any law for the time being in force, where buying and selling of notified agricultural produce including livestock and activities incidental thereto are carried out in India possessing marketing utility across time and space"; (29) "Notified Agricultural Produce and Livestock" means agricultural produce and livestock, as may be specified in the Schedule of this Act by the state Government from time to time as may be deemed expedient; (30) "Over trading" in relation to a trader means the amount exceeding the value of the agricultural produce including livestock purchased at any point of time vis-a-vis to the amount of security deposited with or the bank guarantee he has furnished to the Market Committee; (31) "Petty Trader" in relation to agricultural produce means a non licensee trader under this Act who carries on purchasing or selling of notified agricultural produce in the quantity not exceeding of such quantity as specified in this Act and notified by the State Government· as retail ; (32) "Prescribed" means prescribed by Rules and/or Bye-laws made under this Act; (33) "Private Market Yard" means a market yard established under section 10 of this Act; (34) "Processing Unit" means processing unit declared as market sub-yard under Section 12 of this Act"; (35) "Processor" in relation to agriculture produce means a person that undertakes processing of any notified agricultural produce on his own accord or on payment of a charge; (36) "Registration" means registration made under this Act for the purpose as may be specified; (37) "Regulation" means regulation made by the Board under section 92 in accordance with the provisions of this Act; (38) "Retail Sale" in relation to a notified agricultural produce means, a sale not exceeding such quantity as specified in this Act and notified by the State Government ; (39) "Revolving Market Development Fund" means a non-lapsable fund maintained by Director under section 101 (1) of this Act; (40) "Rules" means rules made under this Act by the State Government; (41) "Seller" means a person who sells or agrees to sell agricultural produce including livestock for consideration of price; (42) "Schedule" means the Schedule to be made by the Government from time to time, as may be deemed expedient; (43) "Silo" means silo declared as market sub-yard under Section 12 of this Act; ( 44) "Special Commodity Market Yard" means a market yard as notified under section 8 of this Act; (45) "State" means a State as specified in 1s1 Schedule of the Constitution of India; 4 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 CHAPTER-II ESTABLISHMENT OF MARKETS 3. (1) The state Government may, by notification in the Official Gazette, declare its · intention of regulating the marketing of such of agricultural produce and livestock, in the State, as may be specified in the notification. The notification may be brought to the notice of the interested public by publishing in local language & English on widely circulated platforms/ media like newspapers, websites and such other formats: inclusion of notified area under municipality may done after due consultation with municipal cooperation, as case may be. (2) The notification under sub-section (1) shall state that any objections or suggestions which may be received by the Government within such period as shall be specified in the notification, not being less than thirty days will be considered by the Government (3) Government may hold consultations with Local Bodies, including Panchayati Raj Institute (PRls) who own and operate periodical markets or haats or any other such markets for marketing of agricultural produce and livestock within their jurisdictional area, to bring such markets under the regulation of this Act, so as to develop these markets to efficiently function as marketing platform nearest to the farm gate.· 4. Subject to the notification made under Section 3 and after considering such objections and suggestions as may be received from any source before expiry of such period,the State Government may,by another notification, declare the whole State as one unified market area specified in the notification issued under Section 3 for the purpose of regulation of marketing of all or any of the kinds of agricultural produce and livestock specified in the notification issued under section 3 of this Act Explanation: The area so declared shall be a single unified market area for the whole State for regulation of marketing of notified agricultural produce and livestock. 5. Subject to the provision made in sections 3 and 4, the State Government may, by further notification, delineate geographical area for a Market Committee as a delineated market area for the purpose of election of the Members of such Market Committee and undertaking developmental activities therein. Explanation: The Market Committee shall not regulate marketing. of notified agricultural produce and livestock in its delineated market area. The Market Committee will enforce regulation on marketing of notified agricultural produce and livestock within the principal market yard, sub-market yard(s) and market sub-yard(s). Alteration/ 6. (1) Subject to the procedure specified in sections 3 and 5, the State Government Amalgamation may, at any time by notification , exclude from any delineated market area, any of delineated area or include therein an additional area or split one delineated market area in market two or more such areas or amalgamate two or more such areas in one delineated market area, or may exclude any notified agricultural produce and livestock · from regulation , or include any agricultural produce and livestock , hitherto not regulated, for regulation under this Act (2) After the alteration of delineated market area or the items of agricultural produce and livestock, if any, under section 5, it shall not be necessary for the Director to make any declaration under this section unless he is of the opinion that it is necessary to declare any area, hitherto not declared, as delineated market area of any Market Committee. 7. (1) In a State, there may be- (a) principal market yard(s) managed by the Market Committee; (b) sub- marketyard(s) managed by the Market Committee;\ (c) market sub-yard (s) managed by the Market Committee; (d) private market yard(s) managed by a person, holding a licence under section 10 ; Notification of intention of Regulating marketing of specified agricultural produce. Declaration of whole State as one unified market area. Notification of delineated market area. area and of items of agricultural produce and livestock. Principal market yard, market sub-yard, private market yard,private market sub-yard, farmer-consumer marketyard, private farmer consumer (46) "Trader" means, a person who buys notified agricultural produce including livestock either for himself or as an agent of one or more persons for the purpose of selling, processing, manufacturing or for any other purpose, as the case may be , except for the purpose of domestic consumption ; (47) "Year" means the year as may be notified by the State Government of Arunachal Pradesh; (48) "Warehouse" means warehouse declared as market sub-yard under Section 12 of this Act". .. • (e) private market sub-yard(s) managed by a person ,holding a licence under section 12; The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 5 8. (1) (f) farmer-consumer market yard(s) managed by the Market Committee; market and '(g) private farmer-consumer market yard(s) managed by a ·person, holding a electronic licence under section 11 ; trading (h) electronic trading platforms. platform. (2) The State Government shall, as soon as possible after the issue of notification under Sections 4 and 5, by a notification, declare any 'place' in the delineated market area as principal market yard or sub-market yard or market sub-yard or farmer-consumer market yard, as the case may be, managed by a Market Committee, for the purpose of regulation of marketing of notified agricultural produce and livestock, expressly or impliedly in physical , electronic or other such mode, under this Act. Explanation: In this sub-section (2) , the expression 'place' shall include any structure, enclosure, open space locality, street including, warehouse/silos/pack house/cleaning, grading and packaging and processing unit vested in the Market Committee of the delineated market area. (3) The State Government may, by notification, declare a 'place', licenced under section 70, to be private market yard, private market sub- yard, private farmer consumer market yard, as the case may be, for marketing of notified agricultural produce and livestock, expressly or impliedly in physical, electronic or other such mode, under this Act. Explanation: In this sub-section (3), the expression 'place' shall include any structure, enclosure, open space locality, street including warehouse/silos/pack house/cleaning grading & packaging and processing unit vested in the person licenced for the purpose under this Act. The State Government may designate any-existing market yard established under section 7 (2) as "Special Commodity Market Yard" or establish and notify any market yard as "Special Commodity Market Yard"after consideration of such aspects as throughput of particular agriculture produce and livestock and special infrastructure requirements therefore. It may be- (i) fruits, vegetables and flower markets, including onion market, apple market, orange market and other such market; (ii) cotton market; Establishment and notification of "Special Commodity Market Yard". (iii) medicinal and aromatic plants market; (iv) livestock market including camel market, fish market, poultry market and other such market; and (v) any other such markets. (2) All provisions for and in relation to the. Market Committee made under this Act shall mutatis mutandis apply to the Market Committee established for "Special Commodity Market Yard". . 9. The State Government may designate and notify any existing market yard established under Section 7 (2) as "Market Yard of National Importance" or establish and notify any market as "Market Yard of National Importance" After consideration of such aspects as total throughput, value, upstream catchment area, down-stream number of consumers served and special infrastructure requirements therefor: Provided that the market yard handling not less than such annual tonnage or such annual value, as may be prescribed. may be considered for conferring the status as the "Market Yard of National Importance". I Provided further that out of such annual tonnage or such annual value, 30 per cent may arrive from not less than two other States. 10. (1) Subject to such reasonable conditions and such fee as may be prescribed, the Establishment Director or the Officer authorized by him may grant a licence to a person to of private establish a private market yard, for trading of notified agricultural produce and market yard. · livestock. Establishment and notification of"Market Yard of National Importance (MNI)". (2) The private market yard licensee, or its management committee, by whatever name it is called, may register commission agents and other market functionaries to operate in the licenced private market yard. (3) The private market yard licensee, or its management committee, may collect user charge on notified agricultural produce and livestock transacted in the private market yard; at the rate ad valorem not exceeding the rate as notified by the Government: . . Provided that no user charge shall be collected from agriculturist-seller. (4) The private market yard licensee shall contribute, of such user charge collection and registration fee, to the separate "Revolving Marketing Development Fund" maintained by the Director at the rate in percentage at par with Market Committee. 6 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Establishment off armer consumer market yard ( direct sale of agricultural produce by farmer to consumer in retail). Declaring warehouse/ silos/cold storage or· other such structure or place as market sub-yard. Direct 13. marketing (wholesale direct purchase from farmers outside the market yard, sub-market yard, private market yard). (5) The Director will spend the money from such Fund under sub-section (4) in development of common marketing infrastructure, skill development, training, research and pledge financing and such other activities as will aid in creating an efficient marketing system in the State/ Country. (6) The private market licensee shall formulate a Standard Operating Procedure (SOP) for conduct of business and activities ancillary thereto in the licenced private market yard. 11. (1) Subject to such terms and conditions and fee, as may be prescribed, the Director or the Officer authorized by him, may grant licence to a person to establish farmer-consumer market yard for marketing of specified agricultural produce in retail. (2) Such farmer-consumer market yard · may be established by a person by developing infrastructure, as may be prescribed, and at a place accessible to both farmer(s) and consumer(s): Provided that the consumer shall not purchase more than such quantity of agriculture produce at a time in this market, as may be prescribed. (3) The farmer-consumer market yard licensee may collect the user charge on the sale of agriculture produce from the seller and arnountso realized shall be retained by farmer-consumer market yard licensee: Provided further that the State Government in public interest may from time to time, by notification, put ceiling on the rate of collection of user charge. 12. (1) Save as otherwise provided in this Act, the State Government may, by notification declare warehouse/ silos/ cold storage or other such structure or place with infrastructure and facilities as maybe prescribed, to function as market sub-yard. Explanation: The expression 'place' under this sub-section shall include any structure, enclosure, open space, locality, street including pack house/cleaning grading and processing unit etc. (2) The owner of such warehouse/ cold storage, or other such structure or 'place', as the case may be, desirous of declaration of such place as market sub-yard under sub-section (1 ), shall apply to the Director or an Officer authorized by him, in such form and in such manner and such fee; and also for such period but not less than three years, as may be prescribed. (3) The licensee of such warehouse/ silos/ cold storage or other such structure or place, may collect user charge on notified agricultural produce transacted at the declared market sub-yard under section 12, at the rate ad valorem not exceeding the rate as notified by the state Government. Provided that no user charge shall be collected from agriculturist-seller (4) A declared market sub- yard licensee shall contribute, of such user charge collection, to the separate "Revolving Marketing Development Fund" maintained by the Director at the rate in percentage at par with Market Committee. The Fund will be utilized for the purposes and in the manner mutatis mutandis to section 10 (5) of this Act. (1) Collection/aggregation centres in the proximity of the production areas may be set up by a person with infrastructure, as may be prescribed, with linkages to retail chain, or processing/export unit/premises, or any other such unit/premises, as may be prescribed, in accordance with the provisions of this Act and Rules made thereunder for marketing of notified agricultural produce. (2) Notwithstanding anything contained under sub- section (1 ), direct wholesale purchase can also be carried out outside the principal market yard, sub- market yard, market sub-yard, private market yard by declaring the· place of such purchase, without establishment of any permanent collection/aggregation centre, · as may be prescribed. (3) Direct marketing licensee shall have to maintain records and all accounts relating to daily trade transactions and shall submit monthly report, as may be prescribed, to the Licensing Authority. (4) The Licensing Authority can seek any type of additional information from the direct marketing licensee; and can also inspect and issue direction relating to functioning of the such wholesale purchases and the activities incidental thereto. (5) The direct marketing licensee shall be liable to pay one-fourth of the applicable market fee on wholesale purchases made. The such licensee shall deposit the due amount towards "Revolving Marketing Development Fund" maintained by Director for the month by 7th day of the next month. The Fund will be utilized for the purposes and in the manner mutatis mutenoi« to Section 1 O (5) of this Act. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 7 (6) Notwithstanding anything contained in the Essential Commodities Act, 1955 arid Control Orders issued thereunder or any other law for the time being in force, the provision of stock limit shall not be applicable on such direct marketing licensee purchasing the agricultural produce for processing/ export to the extent of his/ its annual capacity of processing/ export. However, in case any dispute arises between the provisions of this Act and Essential Commodities Act, 1955, the latter shall prevail. CHAPTER-Ill CONSTITUTION OF MARKET COMMITTEE 14. (1) For every delineated market area, there shall be a Market Committee Establishment consisting of a Chairperson, a Vice-Chairperson and other Members. of Maket (2) Every Market Committee established under this Act shall be a body corporate its by such name as the State Government may, by notification, specify. It shall incorporation. 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 imposed by or under this Act, be competent to contract, acquire, hold, lease, sell or otherwise transfer any property, both immovable and movable and to do all other things necessary for the purpose for which it is established: · · Provided that no immovable or moveable property the value of which exceeds the prescribed limits shall be acquired or disposed of by the Market Committee without the prior permission of the State Government. Provided further that the State Government. may, for the reason to be recorded in writing, revoke such permission before the completion of the acquisition or execution of the deed, as the case may be .. Provided also that Market Committee may, with the prior approval of the State Government. and after obtaining .valuation certificate from the prescribed officer, enter into agreement with the owner of any land or building and purchase such land or building. · (3) Notwithstanding anything contained in any enactment for the time being in force, every Market Committee shall for all purposes, be deemed to be a local authority. ( 4) The Market Committee shall be classified by the Director, subject to the prescribed guidelines, considering throughput and other consideration as Director deems fit, .: for the purpose of laying down the norms for staff, establishment expenditure and other expenses and allowances required therefor. (1) The Market Committee may require a local Authority to transfer to it any land or building beionging to the local Authority which is situated within the delineated market area and which, immediately before the establishment of the market yard 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 between them. (2) Where within a period of thirty days from the date of receipt of requisition by the local Authority under sub-section ( 1) no agreement is reached between the local Authority and the Market Committee under the said sub-section, the land or building required by the Market Committee shall vest in the Market Committee for the purposes of this Act and the Local authority shall be paid such compensation as may be determined by the Collector under sub-section (5): . 15. Provided that no compensation shall be payable to a local Authority in respect of any land or building which had been vested in it by virtue of the provision contained in the enactment relating to the Constitution of such local Authority without payment of any amount whatsoever may be, for such vesting. Provided further that any party aggrieved by the order of the Collector may within thirty days from the date of such order, appeal to the State Government. (3) The local Authority shall deliver-possession of the land or building vesting in the Market Committee under sub- section (2) within a period of seven days from such vesting and on failure of the local Authority to do so, within the period aforesaid, the Collector shall take possession of the land or building and cause it to be delivered to the Market Committee. (4) The Collector 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; Committee and Vesting of property of Local Authority in Market Committee. 8 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Acquistion of 16. land for Market Committee and/ or Board. Consitution of the first Market Committee. (ii) the condition of the building; (iii) the amount of compensation paid by the Local Authority for the acquisition ofsuchland;and (iv) the cost of the present value of any building erected or other work executed on the land by the Local Authority. (5) The compensation fixed under sub-section (4) may, at the option of the Market Committee, be paid in lump sum or in reasonable number of equal instalments with interest thereon as the Collector may fix. (1) When any land within the delineated market area is required for the purposes of this Act, and the Board or the Market Committee is unable to acquire it by agreement, the State Government may, at the request of the Board or the Market Committee, as the case may be, proceed to acquire such land under the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and/or any other relevant Law of State of Arunachal Pradesh, as amended upto date and on the payment of the applicable compensation awarded under that Act by the Board or Market Committee and of any other charges incurred by the Government in connection with the acquisition, the land shall vest in the Board or the Market Committee, as the case may be: · Provided that once a proposal is made by the Market Committee, it shall not be withdrawn by it except for such reasons as may be approved by the State Government. (2) The Board or the Market Committee shall not, without the previous sanction of the State Government, transfer any land which has been acquired for this purpose by the Board or the Market Committee under sub-section (1) or divert such land to a purpose other than the purpose for which it has been acquired : Provided that the premises used for principal market yard, sub- market yard or for the purpose of the Board shall be deemed to be included in the limits of the Municipal Council, Notified Area, Gram Panchayat or a Special Area Development Authority, as the case may be, if such market yard is situated in such area. 17. ( 1) The Market Committee shall be constituted, for a delineated market area declared after commencement of this Act, all the members thereof including Chairperson and Vice-Chairperson, shall be nominated by the State Government. The Market Committee so constituted may consist of Members including Chairman and Vice-Chairperson, not less than Ten, which may include three agriculturist members, as may be prescribed. Other five Members may be- (i) Three Members , one each from departments of agriculture/ horticulture, cooperation and agricultural marketing committee of the Government/ Administration ; (ii) One from cooperative marketing society or Trader (iii) one from Local Authority ( municipality, Panchayat samiti or Zila Parishad, as the case may be). Provided that the Chairperson be the Deputy Commissioner or his nominee and Vice-Chairperson shall be so nominated from amongst the agriculturist members. Provided further that State Government may abide by the reservation policy of the State Government in nomination of agriculturist Members. · (2) The Government or the Director shall, by an order, appoint a person to be the Officer-in-charge as Secretary of the Market Committee for a period not exceeding one year amongst the Agriculture Officer. Provided that in the event of death, resignation, leave or suspension of the officer-in-charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by appointment of a person thereto by the State Government or the Director and until such appointment is made, a person deputed/ nominated by the Director shall act as Officer-in charge. The services of Officer-in-charge shall be co-terminus with the first Market Committee. Provided further that the state Government or the Director may, on proven misconduct, even before expiry of the period aforesaid, dismiss any Member including the Chairperson and Vice-Chairperson. In such event, a casual vacancy shall be deemed to have occurred and such vacancy shall be filled, as soon as may be, by nomination of a person thereto, as the case may be, by the state Government/ Administration or the Director. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 9 18. ( 1) The State Government shall, by notification or otherwise, divide a delineated market . area into as much number of constituencies equal to the number of the representatives of the agriculturist to be chosen from such area but not less than · ten. (2) In case of direct election/selection for agriculturist Members to a Market of Committee, reservation of seats for Scheduled castes, scheduled tribes, other backward classes and women will be as per the State Government policy, as may be prescribed. 19. ( 1) _ Every person - (a) whose name is entered as land owner in the village land records or is a tenant as per the State's respective Land Reforms Act ; (b) who has completed the age of 18 years; and (c) whose name is included in the voter's list prepared under the provisions of this Act and the Rules made thereunder, shall be qualified to vote at the election of a representative of agriculturists: Provided that no person shall be eligible to vote in more than one constituency. (2) No person shall be qualified to be elected as a representative of agriculturists unless- Division divide a Delineated market area for constituencies and reservation of seat. Qualificaiion to vote and be the representative of agriculturist. (a) his name is included in the list of voters as agriculturist of the delineated market area; (b) he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force. (3) No person shall be eligible for election/ selection for more than one Market Committee or constituency as the case may be 20. (1) The Vice-chairperson and elected/ selected Member shall, save as otherwise Term of the provided in this Act, hold office for a term of 3 years from the day of assuming the· office of office or till the continuation of Market Committee, whichever is earlier. Member. (2) Notwithstanding anything contained in sub-section (1), a person who is a nominated Member of Market Committee by virtue of being a representative of co- operative marketing society, agriculture/ horticulture department and Gram Panchayat or Zilla Panchayat, as the case may be, shall cease to be such member on his ceasing to be a Member of the rnanaqinq committee of the society or Gram Panchayat or Zilla Panchayat concerned by efflux of his term of office or otherwise, or re-nomination by the department, as the case may be . . 21. The term of office of the Vice-Chairperson and elected Members of a Market Committee Commen shall commence on the date immediately after the expiry of the term of office of the cement of outgoing office bearer of the Market Committee or on the date of first meeting of the terms of office committee convened. of Members. 22. A Member of the Market Committee other than ex officio Member may resign from Resignation his membership in writing delivered or caused to be delivered to the Chairperson of of Members. the Market Committee who shall acknowledge the receipt of the same and the seat . of such Member shall become vacant on the expiry of fifteen days from the date of acknowledgement of resignation unless within such period such Member withdraws · his resignation in writing addressed to the Chairperson. The Vice-Chairperson may resign from their office at any time in writing addressed to the Minister, in-charge of agricultural marketing committee and the Chairperson respectively; arid the office shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days they withdraw the resignation in writing addressed to the Minister, in-charge of agricultural Marketing committee or Chairperson, as the case may be . Subject to the Rules made in this behalf, every .Chairperson and every Vice Cbairperson or officiating as Chairperson/ Vice Chairperson, who absents himself from three consecutive meetings of the committee, without leave of the Minister ,in-charge of agricultural marketing committee, shall cease to be the Chairperson on and from the date on which the such third meeting is held. (2) Subject to the provisions. of sub-section (1 ), every Vice- Chairperson, . who absents himself from three consecutive meetings of the committee, without leave of the Chairperson, shall cease to be the Vice-Chairperson on and from the date on which the such third meeting is held. 23. (1) 24. (1) Resignation by Members. Leave of absence of Chairperson and Vice Chairperson and consequenc::os of absence without leave. 10 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Refusal to hand over the charge to new Vice- Chairperson. Seizure and taking possession of record and property of Market Committee under certain conditions. Establishment and Composition of Market Committee of MNI. Appointment and functions of Secretary of the Market Committee of MNI. (3) Leave under sub-section (1) or (2) shall not be granted for six consecutive meetings of the Market Committee. Whenever such leave in extreme exigencies as prescribed is granted to the Chairperson or Vice- Chairperson, the Market Committee shall elect such eligible members to discharge the duties and functions as Chairperson and Vice-Chairperson of the Market Committee, as may be prescribed. 25. (1) On election of the Chairperson or Vice-chairperson, as the case may be, the outgoing Chairperson or Vice-Chairperson shall forthwith hand over the charge of his office to the successor in office. (2) If the outgoing Chairperson or Vice-Chairperson to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any Officer authorized in this behalf shall have the same powers as are vested in a Civil Court under the code of Civil Procedure, 1908 (5 of 1908) while executing a decree. 26. ( 1) Where the Director/Managing Director is satisfied that the books and records of a Market Committee are likely to be suppressed, tampered with or destroyed, or the funds and property of a Market Committee are likely to be misappropriated or misapplied, the Director/Managing Director may order for seizure and taking possession of the record and property of the Market Committee. (2) . On receipt of the Order under sub-section (1 ), the police officer not below the rank of sub-Inspector of the local area shall enter and search any place where the records and property are kept or are likely to be kept and to seize them and hand over possession thereof to the Director/ Managing Director or the person authorized by him, as the case may be. 27. (1) Save as provided under Section 14(1 ), the State Government may, by notification, constitute a separate Market Committee for effective implementation of provisions of this Act for such market yard(s) located in he State which is/ are considered .as the Market Yard (s) of "National Importance" (MNI). (2) All provisions for and in relation to the Market Committee, including election of Chairperson, Vice-chairperson and Members made in the Act, shall mutatis mutandis apply to the Market Committee constituted for "Market yard of National Importance". (3). Save as provided under this Act, Market Committee of Market Yard of National Importance shall consist of - (i) Chairperson 1 (ii) Vice-Chairperson 1 (iii) Agriculturist. 5 including 2 agriculturists one each from two other States where from arrivals are received in the MNI ( to be nominated by respective State Governments on receipts of requests for such nomination received from the Government where MN.I is located). (iv) Trader holding the single unified licence, resident of a delineated market area, possessing such qualifications, as may be prescribed, elected from amongst the licenced traders resident ofs uch delineated market area of MNl. 1 (v) Trader holding the inter-state trading licence nominated by the State Government, as may be prescribed - -- -- -- -0-- -- -----1 (vi) One representative of licenced commission agent as member, as may be prescribed- -- -- 1 (vii) Agricultural Marketing Adviser to the Government of India or· his nominee not below the rank of Under Secretary to Government of India __ :_ 1 (x) Director or his nominee (ex-officio) -------------- ------- --- -1 (xi) M. D/ CEO. APAPLMB ( ex- officio) or his nominee----------------1 (xii) Executive Member (to be appointed by the Government, who shall function as the Secretary Market Committee of MNl)- --- ~- ------- ---- ---- --1 28. The Secretary functioning as Chief Executive Officer of the Market Committee shall be appointed by the Government/ from amongst the State's Civil Service Officers at least with ten years of service or from the panel of professionals so maintained or on deputation from Central/ State Government with experience of 10 years in agricultural marketing. The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 11 29. (1) The Executive Committee for MNI shall consist of - (i) Chairperson of MNI. ·.· 1 (ii) Trader holding the single unified licence of MNI 1 (iii) Director or his nominee (ex-officio) 1 (iv) M.D.,APAPLMB (ex-officio) 1 (v) Executive Member of the Market Committee of MNI who shall be as the member Secretary of the Executive Committee 1 (2) In case of emergency, the executive committee may decide issues requiring approval of the Market Com
Excerpt shown. Open the full act in Lexace.
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