The Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020
Assam · state statute
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THE,ASSAM GAZETTE
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EXTRAORDINARY
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PUBLISHED BY THE AUTHORITY
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No. 523 Dispur, Friday, I 5th July, 2022,24th Ashadha 1944 (S. E.)
GOVERNMENT OFASSAM
ORDERS BYTHE GOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLAIryE BRANCH
:iOTIFI ON
The 14th luly,2022
No. LGL.l961201?/82.- The following Act of the Assam kgislative Assembly which
received the assent of the President of India on 29th June, 2022 is hereby published for general
information.
ASSAM ACT NO.XXMF2022
(Received the assent ofthe President oflndia on 29th June,2022)
THE ASSAM AGRICULTURAL PRODUCE AND LIVESTOCK
MARKETING (PROMOTION AND FACILITATION) ACT' 2O2O
"a
6364 THEASSAM GAZE'fTE, EXTRAORDINARY, JULY 15, 2022
Prernblc
(3)
({)
AN
ACT
to provide for the development and regulation of marketing of agricultural produce and
llvestock developmcnt of an emcient marketing s5rst€m, promodon of agri-processing and
agricultural export and the ectablishment and administration of markeB for atricultural
produce and livegtock and for this purpose to put in place an effective infrastructure for
rBrketing of agricultural produce and llvestock and to lay down procedures and s]Btems
thereto in the Sate of Assam.
Whereas it is expedlGnt to develop and regr.rlate marketing of agricultural pmduce
and livestock in market arras and markets, inctuding private markets and farmer-
consumer markets in the sate, to confer poweni upon market committees, to set up a
market fund and other inddental matters;
It is hereby enacted ln the seventy-first year of Republic of Indla as follows: -
CHAPTER-I
Prcllmlnary
L Short ddc, ertent and conrtrenceopnt - (1J This Act may be called the Assam
Agrlcultural Produce and Livfftock Marketing (promorion and Facilltatlon) Act,
2020.
tz) It shall extend to such areas of the state of Assam as may be nodffed by the srate
Government in the Omcra! Gazetre from time to time,
(3) It shall come into force on such datc aB the Statc Govcmment may, by
notification in ttre Ollicial Gazette, appoinL
L Ilefinldona - ln thls Act, unless the context otherwlse requlres, -
(1) -agricultural produce'means all produce and commodities, whether processed or
not, of agriculture, hofllculture, apiculture, plsc{culutr€, sericulture and llvestock as
specified ln the Schedule and such produce declared by the
Govemment by notification from time to time and also includes a mixture of two or
more than two such commodldes.
(2) 'agricllorlsf means a person who is elther an occupant of a land, or a tenant of an
occupant and is engaged in the production of agricultural produce by hlmself or by
hired labour or otherwlse, but does not inctude any marlet functionar]t
EpLrnadoo 1: For the purposes of this Aci association of farmers, by whatever name
called, registered under any law for the time being in force and engaged
ln aggregation of farmer produce shall be deemed to be an agriculturist
kphmdo[ 2: lf a querfion arises whether a percon is or is not an agricutturlst for the
purposes ofthis Act, it shall be decided in the manner as prescrlbed,
'Board' means the Assam state Agrlculurral Marketing Board establlshed under
sectiron 47 of thts Acq
auyey' means a p€rron, who hlmself or on behalf of any other person buys or
agres to buy any agrlcultural produoe in tbe mar.ket arca;
'byc-laws' means byrc-laws made under this Act;
"Certificat€ Officer' means the offcer so defined In the Bengal Public Demandr m-
Recovery Ac! 1913; rer:
(s)
(6)
THE ASSAM GAZETTE, EXTRAORDINARY, JULY 15, 2022 636s
(8)
t7)
(e)
(10)
(11)
(12)
'commission agent' meens a person who in the ordinary course of business makes
or ofiers to make a purchasc or sale of an agiculhrral produce on behalf of the
buyer or sellcr of sudr agricultural produce for a commission;
'co-operatlrrc markctlng soclet/ mGins a oo-operative soclety retister€d urder the &ei act
Assam Co-operative Socleties Acq 19,19 and whlch has its principat obiect as e" H,prornotion of the sale of agrtcul&El produce grcwn, rcared or prcduced by its
members or whlch ls declared as such or equivalent ther€to by the Stat€
Government
'dtrect mar&edng' ln rclatlon to agricultural produce, meanr dlrect wholesale
purchasc of agrlcultural produce frorn agriculturlsts by proccsors, elporters, bulk
buyers and others outslde the princlpd market yard or sub-market yard of a
rttulaEd markcq speclal marke! private market, tocal market or an electronic
m8r*etplace;
'Dlructor of Agricultural Marketing' means dre person appolnted by the State
Gorrernment by nodficadon, es the Diructor of Agrlorlturd Marteting and includes
any officer or officers empowercd by the Stale Govemment by nodffcation, to
exercise or perform such of the powers or functlons of the Director of Agioltural
Marketing under tfte provlsions of this Act or the rules or dre bye'laws made
thcrcunder ar may bc specificd ln such notiffcation;
'Distrtct Councll' means a Dlstrict Councll constltuted under paratraph 2 of the
Sixtt schedule to the ConsEardon of Indla;
'DellneaEd market area' meatus any area declared to be a delineated mar*et area
under sectlon 5 of thls Act for the purpose of election of the Members of Market
Comt tBe and undeftaking marketlng r€lated development therein;
'b<ecutirrc Officet' mcans the Executirc Offhctr to ttre market committee appointcd
under section 45of thls Acq
"fiarla' means a pctty dealer and includ6 an ag€nt who in conslderation of
commlssion oftrs hls servlce b purchasc or sell agriculhrral prbduce
'Farmer-Producer Company (FPQ" means a company of farmer'producer ars'n
^<r
members as dellnead in Pan D(A of the Indlan Companies Act,1956, tnc'luding any 2es
rmendments drereto, re'enactsnent th€reof and lncorporatcd wlth the Registrar of
Companies:
'Gaon Panchayaf means a panchayat BEblished under the provislons of $e ^!.r't ^'r-
Assam PanchayatAct 1994; ree.
'licensc' means a license granted under tils Act
llcensee'means a pcrson 6rrnted a license under this Act;
'Local Authority' means a Munidpal Corporadon, a Munlcipd Board, a Towrt
Commltte€, I Zllla Parislrad, an Anchalik Panchayat or a Gaon Panchayaq
'local mar*ef means a market operated dirccdy or otherwlsg by a Lo6l Authority.
'market' means a r€gulated market established under this Acq a special market, a
private marketr a farmer - comsumer market, a local markeq a dlrect market, an
elecfonlc marletplace and the like;
'mark€t commlttee' means the committe€ established under secdonls of this Act;
'markedng' mcans all actlvitles lnvolved in the flow of agricultural produce from
the productlon polnt commencing from th€ stage of harvest 6ll the produce
reaches the ulumat€ corurumer and includes buying selling tmportin6 exporting
(13)
(14)
(1s)
(16)
$n
(18)
(1e)
(20)
(21)
(22)
(23)
6366 THEASSAM GAZE'|TE, EXTR ORDI}{ARY, JULY 15, 2022
grading procetslnB rtoring, packaging brandlng transporting, market
inbrmatbq channels of distributlon and alt other funcdons Involved ln the procgs;
(24) 'market functionar5f rncans a rader, a commtsslon agenq buyer, faria, hamal,
wclghmao warehouscmrn, proccssot stocklsq Eansporter and such otber person
rs mey bc declar€d undcr this Act or rutes or bye-lam, to be a mrrket functionar]4
(ZS) 'market yad' means a speclfled place declared or deemed to be declared to be a
marl(et ,fad under thls Act and includes a prlncipal mar*et yard and sub-market yard;
t26) 'Nadonal Agriculture Market (NAM)" means an integraled markeq without
prrjudice to any law for the Ume being in force, where buying and selling of notified
agrlcultural pmduce lncluding livestock and activlties incidental thereto are carried
out in Indla possessing marketing utillty across time and space;
Qn -notsftcadon' means a nodfication published in the Ofhcial Gazene;
(28) 'person' lncludes any person, association of persons, firm, partnership, joint family,
company, a$ociation or body of individuals whetler lncorporated or nog
(29) 'prescrlbed' means prescribed by rules made under this Act;
(30) 'processingi means any one or more of a series of treatments reladng to
powderln& crushlng cleanin& decorticadng de-husldr6, parboiliry polishin&
gtnnin& pressin& curint or any odrer rnanual, mechanical, chemlcal or phpical
trceErrnt to whlch the raw agricultural produce or its product is sublected to;
(ift 'processor' mearu a person who undertakLs processing of any atricultural
produce on his own accord or on payment of a charge;
(3zl 'regulatod marrref merns a neguratcd market notifled under secdon 12 of this Acg
[33) 're$ladons' means the rcgulations made by the.Board under secdon s9 of this Acg
(34) 'rules'moans nrtB m.de und6 thls Acq
(35) 'Schedule- means the schedute to rhis Acg
(36) 'speclal markec Ereens a mar*et notified.s Buch under section 6g of this Acg
(37) 'Stete' means the state ofAssam;
(38) 'State Governmenf means Goyernment ofAssam;
(39) 'radcr' mcans a person ordinariry engagcd in the busrness of buying and se ng of
agrtcultural produce as a principal or as a duly authorised agent of on. o. _or"prlndpals and includcs a person ordinarfly engaged in the business of processing
except for rhe purposes for domestic consumption;
Erf,eredon: Ifa question .rlses whether a person is or rs not a $ader for the purposes of
thls Act it shall bc decided in the manner as prescribed
({o) 'transportadon' means taking of the agrrcurturar produce by pushcarg bulock ca6' ruclq any other type ofvehictg vesser or ratlway waton rn the courEe of business
hfone the salc or after the sale has taken prace in the mar*et arBa or outside, for
mertsdn& tradlrg or processlng from one placc o another;
(41) 'rrnspotGr, mcans a pereon who transports agrlcuttural produce;
(42) 'rarehouse' means any building, structure or other protected cnclosure whldr is
or may be used for the purpose of storint agricuttural producc belng goods on
behalf of the depoaltors but does not rncJude cloak rooms attadrcd to hotels,
rallwayr stadoru, thr prrmises of othcr publlc carricrs and ltke;
(43) 'welghman' means a person whose business is ro welgh a consignment of
agrlodtut?l produce fur sale;
THE ASSAM GAZETTE, EXTRAORDINARY JULY 15, 2022 6367
({4)
(1s)
'rvelghmenf lndudcs wtlghirg, courdrg or mGosurtn& ft.jn
^ct.Zllh Parlshad' means a Z0la Parlshad estaHishd under sub-scctlon {1) of ro. w,r o{
sccuon 64 of the Assam Panchayat Acq lg,!t.,t.
CHAPTEN,-II
Dcctaradoo d llrrtrt Area
3. fodfrc.ttotr of &e htrntior of dsvrlogbt ad rcauhtfiq mr*etiry of
.Sflcotturel prcduct Ir rpcclfi€if er€r. - (1) The State Government may, by
nodffcadorl decbre lts lntlntlon of devdoping and reguladng thc markeung of such
agrlculhrral produce, in the State subject to fulfitmcnt of such crtteria, as may be
speciffd in the notificetion. The notlfication under tils secdon shall also be
published ln such area ln tfte manner as may bc prescribed:
Provrded that no arca wtthln thc llmitg of a Dtstrict Coundl shall be induded
in suclr area elccpt after consultadon wlth the Dlsdct Council concernd;
Pnovtded fu$her t rat if no obiccdon or suggetion ls r.celyed from the
Dlstrlct Counctl within thirty days after it being addressed, the State Government
rrtry publish the noHffcadon as lt deems fft
(2) The nodf,catlon under sub-section (1) shall statc that any obiocliom or suttetions
whlch may be rccelved by the Sate covernment withln ruch perid as may be
speclfied ln the notificadon, not b€ing less ttan dfrty days, shall be consldered by
the StaE Gov€rnmenL
{. D*lendon of ner*et arcr .rld &c tl;pledo of merhedng of sFctfled
.trlcrillrrral poduce ttseln - After the expiry of the period speclffed in the
nodnc.tlon issued under section 3 of the Act and after considerint such obiectlons
and cuggesdons as may be received before such expiry and after making such
inquiry as may bc neccssary the State Governmer:t rnay, by anodrcr nouficatioru
declare the whole Stat€ as one unified market area specifted in the notiffcadon
issued under sectton 3 end that markedng of ell or any of thc Hnds of agrtcultural
produce speclfied in thc notiflcadon tssued under seqdon 3 shall bc regulated under
this Act The notification issued under this secdon shatl also be published in such
area in the ttEnncr as may be prescribed.
5. Iod0cstlotr of Dcltnatcd mertct erca- -The Government may, in the rnanner as
may be pr€scrib€d, dtrough a nouficatisr declare such areil or arei r of the Stat€ as
oEc or mone dellneated market arras, for t}c prrpose of elecdon of members of the
market commlttac for such dellncated marlet ar€a.
Bglentton: The Marltet Comminee shall not regulate marketing of nodfred agricuttural
produce and livestock in its delincated market area The Market Committee
shall enfurce reguladon on marketing of notiffed agrlcultural produce and
Ilvestock wlthin the prlncipal rnarket yard and sub-market yard(s).
6. AlEradoa of dcllncrtgd nar*et anca end of ltemr of rogulrtcd ryrlcuturel
producc. - Sublect to t}le procedure speclffd in sections 3 aad 4 of the Acq the
State Govemment may, at any 6me by nodf,cation, -
(1) exdude tsom any dellneatcd rnarket area any area or include thereln an
addidond trea; or
(21 dlvlde a dcllneated market erea into two or mor€ delineated madet ar€as; or
(3) de.notify a ddineated market area; or
6368 THEASSAM GAZETTE, EXTRAORDINARY, JIILY 15, 2022
(4) declarr tlat the regulafion of markedng of any agrlcultural prcdue ln any
delineeed market arca slnll cease; or
(5) Declare that marketing of any agrlculilral prcduce (hl&erto rrct reguhted)
shall be regulated in such dellneated market arca.
?. Eftctr of .lteratlor of dcllneeted mrrklt erer" -(1) Where a noEfrcadon is issued
under secdon 5 of the Act, excludinS any area from a dellneated market area and
such excluded area is not declared to be a separate delineated market area or a
notlf,cadon ls issued under section 5 of the Act, includlng any area within a
delineated market area, tlre market commlttee constituted for such delineated
market area before the date of such exclusion or incluslon shdl, nowithstanding
anything containd in this Act, condnue to be the mark€t committee for the said
delineated market area until the reconstitution ofsuch market committee under this Act
(2) Where any such area is included in wo or more other delineated market areas,
the State Government shall, after consulHng the market committees concerned,
by order, direct that such ProPerty', rights, charges and liabilities ofsuch market
committee shall vest in the market committees of such other delineated market
areas in such manner and in such Proportions. as may be specified in such order'
t. DMslon of e delineated merket arca lDto two or morc seParate dellneated
rnarkat .rua3 - (1) Where a nodfication is issued under section 5 of the Act,
dividing a delineated market area into two or more seParate delineated market
areas, the followint consequences shall ensue: -
(a) The market committee conslituted for the delineated market area under this
Act shall be deemed to have been dissolve4 and the stat€ Government shall
constihrte separate market committees under secdon 16 of the Act for each
ofthe separate delineated market areas subject to such conditlons as may be
prescribed;
(b) lte term of ofrce of the newly constituted market committees shall be the
same as ls applicable to the first market committee under sub-sectlon (3) of
secdonl5 of the Acq
(c) Any aPpointmen! nodfication, notice. fee, order, scheme, license'
Pcrmisslon, bye-taw or form, made, issued or imposed by the market
committee whtch has been dissolved, in respect ofany part of the delineated
market area subject to the authority of the new market committees shall be
deemedtohavebeenmade,issuedorimposedbysuchmarketcommittee
concerned unless and until it is superseded by any notiflcatioo notice, fee,
order, scheme, license, permission, byeJaw or form, made; issued or
lmposed by iL
(2) The State Government shall, after consultlng the market committees
conc€rned, by order, direct that such property, riShts, charges and liabillties
of the dissolved market committee shall vest in the new market committees
ln sugh manner and in such proportions, as may be specified in such order'
9. Ite-nodllcation of a deltneated meltet aI.ea and lts consequenea -(1) Where a
oouncation is issued under section 5 of the Act de-nodMnS a dellneated market
area, the market committee constituted therefore shall cease to exi$, and the
property and righB vested in any such market committee shall subiect to all charges
and liabllities affecting the same. v.st in such neighbouring market commiBees as
the State Government may, by order, specify.
THE ASSAM GAZET'TE, EXTRAORDIN ARY, JULY 15,2022 6369
10,
(2) where any rucrr area ts rncludcd rn two or more other derlncated market areas,tfie StaE Govemment shall, after consuldng the mark* comml&es correrned,by order, direct ttat such propeny, ,ight , "lr."go and lfabfiEes of the de-nodffed market committee shan vest in the market committ€es of such otherdellneaEd market areas ln suct manner and ln such proportlons, as may bespeciffed in such order.
Amaltamador of market cornmrttees, - where the state Gove'rment is satisfledthat two or more market committees thetern shourd be amargamated, then the stateGovernment may, after consutdng the market committees @nceflied provide for theamalgamadon of such market commtttees lnto a singre market comrnittee for thedelineated market area, wlth such constitution, p-p".ry rights, lnterest andauthodties and such rrebirities, dudes and obffgations as may oe specified rn thenotificatiorL
CHAPTER.IV
Regulatcd narftcts
Bstablbhrrcnt of
'gulat€d E8r*e.". - (1) As soon as may be after the rssue of tl,enodficauon under secdon 4 of trre Acq the Director of Agrrarrtural Markedng shar,after s.dsrytng himself that the market committee ha-s made arrangements forregulating the marketing of notified agrlfiltural produce ln the delineated market
arca, by a notlffcadon, dedare a date not less than thirty days from the date of rssueof the nodffcatlon as the date on which the reguratei market for rhat defineatedmarket arta shall bc established.
(2) For all purposes of this Act, the regulated market shall be deemed to have been
cstablrshsd br the derneated market area witr effect from ttre date so nodfled.
xt,
CHA"PTER-III
Classlfl cadon of markets
1L Crassrf,cadon of marrrets rn a dcrtneated Ear*et area. - In every delineatedmarket area, there may be, -(1) Prrnclpal Market yards managed by Market Committee,
(2) Sub market yards managed by Market Committee,
(3) Private market yards managed bya person holdlng a valid license,
(4) Prirrate sub-market yards managed by person holdlng a vatld license,
(5) Farmer-consumer markets managed by Market Committee,
(6) PrivateFarmer-consumermarkets,
(7, Electronlc trading platforms,
(8) One or more special markets,
(9) One or more locat martet.
6370 THE ASSAM G AZETTE, EXTRAORDD{ARI IULY t5, 2022
13. Prbdpd rertct y.rd .!d nrb rnertct lnrdr. - (1) The corcrnment may declare
any place h the dellneated market area to be a prlnclpal market yard and other
places as sub'market yards, for the marke(ng of agricultural produca
Erylenadon. - In thls section, the erertssion 'place" shall include any structure,
enclosure, bulldlng warehouse, godown, open place, locallty or street,
whether vested in the market committae or not
The principal mar,lct yanl and sub.rnarket yards shall be at a ctose distance
from the location where the trade and merchandise in all or any agricultural
prcduce normally takes place.
The land requirctn€nt and otlrer facllltles to be available for declarlng a
place as a prlnclpal market yard or a sub.market yard shall be such as may
be prescribed
L. Mef*et
''erd
of B.dotrd importance. - (1) The State Government may, if in its
oplnlon lt ls €xpedlent to do so, notif any princlpal markct yard or sub.market yard
as a mar*et jrard of nationat impoftance tn such manner as may be prescrlbed.
(2) The market commltsee fur a mar*et yard of nadonal tmportancg working of
a marlret yard of nadonal importance and other matters lncldental thereto
slrall be as prescr.lbcd.
GHAPTER.V
Cr!.lrtrrdoD of Dad.Gt omr ttlGs
15. BstabllSmcat of mar{at comnlttee. - (1) For every deltneated market area, there
shdl be a market commltt e.
(2) Errery market committee establlshed under thls Act shall be a body
corpoErte by such name as the StaE Government may by notiffcadon
spedff, It shall haw perpetuat successlon and a common seal, may sue and
be sued ln lts corporate name and shall subiect to such restrlcdonr as are
imposed by or under tiis Act, be coDpetent to cont?ct and to acqulre, hol4
lease, sell or otherwlse transfer any property and to do all other things
necessary for the purpose hr which it ts establlshed.
(3) Notwithstandlng anything contalned ln any taw for the dme being in forcg
every marlet commlttee shall for all purposes be deemed to be a locd
authority,
16. f.io[subrtlon of the Erst Ear{.ct clmElrteo. - (1) Nohdthstanding anythtng
cutained ln sectionlTof the Ac( the first market commltte€ constltuted for a
dellneatcd market area declared under section 4 of the Ac shall be nomlnated by
nodf,cadon by the State GovernmenL
The State Goyemment shall by notification nomlnare the Ghalrperson and
tlte Vice Chalrperson from among the members nomlnated under sub-
secdon (1) above,
(2)
t3)
t2)
TIIE ASSAM G AZET|E, EXTRAORDINARY, JULY 15, 2022 6371
tr, crnrtltudon of cccold and cubscquent martet Gommtttec8 - save as PtDvided
in secdon 15 of the Act, every mafket commlttee shall conslrt of thc followlng
mernbers, namelY-
(1)SalenmembersshallbePersooswhoargagrlarthrrlstsand.arevotersof
GaonPanchayatsinthedelineatedmarketarea,tobeelectedbythe
membenrofGaonPancharatsinthedellneatedmarketarcalnth€manner
Prescrlbed;
(2) Ihrce membeit shall be elected by traderc ln &e dellneaEd martet area
holdlng a vatid llcense under thli Acq ftom amdrtst thcmselves in the
manner Prescrlbed;
@luadoa: For the purposes of this section" the expression trader shall not include a co'
operadve marketlng soclety holdlng a tlcense as a trader'
(3) One member shall be elected by the member of the managlng committce or
ttre boad of dtrectors as the case may be' of co-operative mar*edng
socledeslnthedelineatedmarlretareahotdingatlcenseundertlrisAct,hom
amorgst themselves ln the manner prescribed;
(1) One member to be nomlnated by such co'operative bank as may be decided
bY the Statc Governmenq
Such other official membes representlng the dlfferent deparlrnens as may
be nominated by the State Governrnent from 6me to dme;
onemembertobeelectedbythemembersoftheMunicipalBoald,Town
ioi.lto." or Gaon Pancha)'at withln whose Jurlsdldton the principal
iart<et yard ts situated, from imongst themselves ln the manner prescribed'
Brplanadon:lflhentteprincipalmarketyardlssltuatedwithlntheiurisdictionoftwoor
more Munlcipat ioards, Town Commlttees or Gaon Panchayas' the member
shall be etected tolntly by the members of such Municlpal Boards' Town
c3)
(6)
(s)
SayE s otherwlse provtded tn thls Act but sublect ll the plcasuru of the
su|E Goverlmen! the members of tfie first market corunlttee shall hold
office br a perlod of three years from the date of notlfredon under sub-
section (1) above:
Provided that the StatG Government may by notificadon ocend tte
term of office of the memberr by sudl pcriod or pcriods not cxeedlng two
y?arl in the aggregate:
Provided further that the exension Period on any occzsion shall not
exceed one year.
lf the second market commlttee ls constihrtpd beforc the explry of the
period aforesal4 the f,rct market commlttee shatl cease to hold office'
Commlttees or Gaon PanchaYats.
(4)
6372 THE ASSAM GAZETTE, EXTRAORDD{ARY [IJ,[.Y rs, 2022
a one rocnrbcr to be nomrnated by the Assam state vyarehousrng corporatio&if e warehouse has been estabftshed by such corporauoir *,iihtn tt"delrneated market area end where no such warehouse iras be€n estabrished,then two persons sha[ be erected by co-operative markedng societies undersub.seclJon (3) above.
1g' Tcru of office of the mer{rct com,rtta.. - (1) A market commiree shar, save asotherwlse provided ln thls Ac! conEnue for ffve;rears commenclng from the date ofrts constitutron under section 22 0r the Act and no ronger expiiuon of the saidperiod of five years shall operate on a dlssotution of the market committee, beforethe erplry of whlch elec,ons shall be held to the market commtttee:
provrded that no market commrttee shau be reconsd*ted earlrer than threemonths prior b tte expky of the terrh of lts omce.
(2) A member elcc*d under seclion 17 0f the Act sha[ cease to hord ofrce, tf heceas€s to be a member ofthe category ofpersons from wrrrch he was elected.
(3) A member sha, arso cease ro hord office if he in writrng resigrs hismembership or lf he is removed under the provislons of thls Act
,,9' Eectrous to 6e Earkct co'Elttee. - subrect to the prbyrsrons of this Act themembers of a market committee sha, be ereced rn the manner prescrrbed uy rures.Such rules may provide for the preparatlon and maintenalce of the llsts of voters.the qualrficatrons and drsquarrffcadons for berng a candtdate, the quari0cadons anddlsqualricado* of votcrc, the paSrment of deposit by candidates a;d tleir forfertureand all other matter rulatlng to such elections.
m' vacaacrcs ta tte marrret comul'ee" - (1) where a vacancy occurc throughreslgnadon, rcmoval or non-acreptance of office by a pereon nominated to uu
"member or through suclf person becoming drsquatifted to be a membcr or throughthe death or orplry of his term of office, the vacanry shall be fiUed up by eleJon ornominadon as the c-se may be, within three months of the occurrence of suchvacanqt:
Provrded that rf the vacancy of a member occurc wrthin srx montrrs prcce<ringthe da* on whtcrr the tcrm of office of the member exprres, the vacancy sha[ not befllled up.
(2) A member so appointed to fl[ a ,acancy shart hord office H[ the date up towhich hrs predecessor wourd have held office had such vacancJr notoccuned"
tL Bec,lon of ctarrperson and vtce Gharrperun- - (1) subfect o the prodsrons of&ls Act and the rures made there undel every market commrttee sha[ etect nromembers who are agricurturrsts to be r?sp€ctivery the charrperson and viceoralrperson thereof and so often as the orftce of the charryerson or trre vicechatrperson becomes vacant by death. resignadon, rcmovat or otherwrse, the marketcommittee shal elect another member to be the charrperson or the vice chairperson
as the case may be
THE ASSAM GAZETTE, EXTRAORDINARY IULY 15, 2022 6373
(Z) Within ten days from the dete of compledon of elecdons to the market
commitEe or on lts r€cusdtutlon, a meedng thereof shall be called by the
pnescrlbed omcer who shall either hlmself prcslde over the meetlng or
authorlse any other officer to do so, Ttre prescribed officer or the person
authorised by him, when preslding over the meeting shall have the same
powers as the Chalrperson when presldlng over a meedng of the market
committee, but shall not have the riEht to vote
(3) At such meedrrg a member who lr an agriculturlst shall ffrst be elected as the
Chairperson and thereafter another member who ls an aglculturist shall be
electd as the Vlce Chah?erson in the manner as maybe prescribed.
(4) Any dlspute relating to the valldlty of tlre elecUon of the (hairperson or Wce
Chalrperson shall be declded by the Deputy Commissloner of the disrict ln
whidr the delineated market area is located, lf he has preslded over the
meedng for elecdon of the Chairperson or Vice Chalrperson and in atry other
case the preslding officer shall refur the dispute to the Depury Commlssioner
of the district for a decislon,
(5) Any person atgrleved by any decision or order ofthe Deputy Commlssioner
under thls secllon may, wtthin fifteen {ays from the date of such order or
declslon appeal in the prescribed manner to &e State GovernmenL The
State Government shatl, widrln ftfteen days ofthe recalpt of the appcal pass
an order whlch shall be final, and no suit or other proceedingr shall lie in
any Clvll Court ln respect of such declsion.
ZL Gourdhrdon of the nerket croEmlttec. -After the elecdon of the Chairperson and
the Vle Chalrperson, consdtutlon of the market commlttee, includlng nominated
members, shall be nodfed in such manner at may be prescribed.
29, Tcrm of ofilcc of ChalrTerson or VIcc Chatperson. - (1) Save as otherrvise
pmvided tn thts Act, the Chatrperson and the Vice Chairperson shdl continue ln
ofEae for the term of tlte market commlttee,
(2) The Chalrperson or the Vice Chairperson shall vacate office lf he ceasc to be
a member of the market commlttee.
24. Removal of Cha[pcrson, Vicc Chalrpcreou or Ecmber of . market commlttee.-
The Director of Agrlorltural Markedng may, by order remove the ChairPerson, Vice
Chalr?erson or a member of a market commltte€, lf the ChairpeBon, Vlce
Chatrperson or member have become subiect to any of tlre dlsguallflcations under
thls Act or rutes made thereunder or for misconduct ln tlre dlscharge of their dubes
or for neglect of or incapacity to perform thelr duties or for belng perslstently remlss
in the dlscharge of thetr duties:
Provided tbat no such otder shdl be made unless the Chalrperso+ Vlce
Chalrperson or Ore member has been given a reasonable opportunity ofbetng heard.
6374 TIIE AS SAM G AZETTE, EXTRAORDD{ARI IULY 15,2022
2J. Rcdguedon Of Ch:.klrcrron, Vlc! fhrtlps66a and menbcr ol a Darketcolrlntttec. - A nersl !!f nS gffice of Chatfoerson or Vtce Chatrperson * rnilUu,of a market commrtt€e may reslgn hrs offic€ any time in wridnjiaa**"i'i. trr"Ixrcctor of Agrrarrtural tvtarke-HJrg through tlre Elecutrve om... I"Ju,u "m"" "r,"nbecome vacant on the expiry-of fineen aa!: rom ur" a.t" or t,."rr .oLn"-u1",-rnt".,wrthrn the said period of fffteen days,-r,e *iaaott s the resrgnatron in wrr'ngaddrcsse d to the Director of Agrt"uttu[ir,aartceung
26' Vacercy h of[ce of the Gharrpenson and vrce chatrpexon. - Durrng ttre vacrncyin the office of the chairperson and when there is no vrce *,"i.p"o& tJ ali r,i.place, the4 notrrithstanding anythrng -nuin-d- rn thrs Act, one of the erectedmember of the market commiitee alpomea-i" this behai ui u* iiiil'"uexercrse the powe," and perform ttre funcdons or *,u crri"pu]s-oi',inu'r
"Chalrprson or VIce Chatrperson is duly elected.
27' Prohlbrdon frrom holdrng srrnurtaneous omce. - Any person who is elected as achalrperson of a Locar Auttority o"
" *-op.i"tiru .".li.ing "*i"fi, "r*oi'I"L"chairperson or vice chairyerso-n of a -..ili;;--;'tat"e or vrce versa may, by nodcein writing addressed and detivered to the Drreaor or agdcururar Marr*'tiri *ir"thirty da]r8 ftoln t}e date,.or the lat.. of *ru aales, on wntch he ls etected lntlmate lnwtich of the offi* h" *r.l* p:ews and tt "i"r'p"i, r,r".m"" i" iiu-[].vir.,.ir.r,he does not wrsh to setve-, sha, become
"aani'*o in dehurt of such intimationwitlrin rhe aforesaid perio4rre shafl cease to be a iemter of tt";*;;;t
",on thc expiradon ofthat perlod.
2& Modon of no confidorcc. - [1) A motion of no<onfidence may be moved by ancleded member agalnst the Chairperson or the Vice Chairyerson by giving iuchnodce as rnay be prescrlbed and such nodce shall be suppofted by not Iess than one-half of the total number of membbrs of the market commlttee.
(2) A meedng of the rnarket commrttee shart be convened by the B<ecu6veofficer wlthin thirty days of the date of recerpt of the nodce under sub-secdon (1) above,
(3) The meedng herd under sub-secron (z) above shalt be presrded over by anofficer as may be appoinrcd by the Deputy commissioner of the district lnwlrldr the ddlneated market area Is located.
(41 Nomlnated mombers of the market committe€ may 8tt€nd the meeting heldas per sub sec$on (2) abovg but shall not have the rrght ro vote.
(5) Tte chalrper:on or the VIce charrperson as the case may b", shalr have therrght to speak h such meeting and otherwrse to take part tn the proceedingsof the meedng but shall not have thc rlght to vote,
(61 rf the modon agarnst the chairperson or the vrcc chalrperson or both iscarrred by a majority of not Iess than two-thirds of the ellcted members ofthe market *-Tlttu: presenr and votin& the Chalrperson or the ViceChairperson sha, forthwith rraqate the ofce of Or. if"fp"oo, oi vi."Chalrperson, as the casc may be.
tn If the moUon ofno confidence is not carried as aforesaid or if the meedngcould not be held for want of guorurn, rro notlce ofany subsequent motiona(prcssrng no confrdeace in the same chairperson or vice-chairperson shalbe moved until after the expiry ofone year from the date ofsuch mec6ng.
THEASSAM GAZETTE,
13 of the Act
direct,
EXTRAORDINARY, ruLY 15, 2022 6375
zr.
3ll.
3t
CTlAPilN.YT
C.orduct of budncsr of te martet connlttce
Dowep and dudcr of thc Chstrpcrtoa 8trtl Vlce Chrlrpcrcon' - ttr qryers 1i
dutlesoftheChalrpemonandtheVlccChalr?ersonstrallbcaspre*ribedtntttts
behalf.
cooduct of budness of 6e market coErrltEc, - subrect to the provlslon of this
Actanddrerulesmadethereunder,themarketmmmitteeshallconductltsmeetinBs
and other businesc in tlre manner as may be precribed'
Af,t'ofthenar.ketcommltteenottobehyatid.-Noactofamar*etclmBittee,
or any sub'committee thereof, or of any person acdng as a membcr' Chalrperson'
Vice Chatr?enson, presldlng authority, oi the Execrrtve Officer shall be deemed to be
;;;iJ;i t*ton'only of iome deiec ln the consdtuuor or aPpointment of such
m"r*rtcommittee,sub+ommtBee,member,chairperson,vicechalrperson'
pr"rfOing
"uOority.
or the Execlltlve Ofncer on the ground that they' or any of tlem'
ivere driualffied fur such ofhce, or that a formal notice of the lntendon to hold a
mceUng of the market commlttee or the sub'commlttee was not Slven duly or by
reasonofsuclracthavingbeendoneduringtbeperiodofanyrracancylntheomceof
the Ctrairperson Vice Chalrpersonr or the Execudve Officsr or member of the market
Gommitteeorsub.committeeorforanyodrerinfirmitynotaffecdntthemeritsofthe
CITAPTER'.VII
Powcrs ald funcdonr of mar'ket commlttees
32"
case.
(b)
(c)
to enforce tlre condldons of lic€nse grantcd under the Act, the rules and the
t;i"*t made thereundcr in the market yard dedared under sub'section
(1) ofsecdon 13 ofthe AcB
to provlde factllttes as may bc rcqulred for the developmeng promotton and
*irr"ui" of agricuttural marketing lnc,ludtng suctr fac,llttles as the Director
ofigrtcuttsrrat Marketing or the State Govenrment man from dme @ dme
to do rudr other acts as may be required ln reladon to the superintendence'
dlrecdon and control of its iarket )t*ds or for regulating marketlng of
agriculural produce ln mal*et y"i a*t"t"a under srb'secdon (1) of
section 13 of the Act, and fo, p,,potu"oonecfed wlth the matters afor€said'
may exercise such powers "na di'cttarg" *ch functions as may be provided
by or uaderthls Act
(d)
por{Ert 8nd frmcdonr of a market comIEtttec. - (1) Subfect to the Prwlsions of
this Act, lt shalt be the duty of a market commlttee' -
(a) to lmPlemrnt the provlslons of this Acl dre rules and the bye'laws made
thercunderln&emal*etyarddectaredundersub.sedon(1)ofsecdon
6376 TI{EASSAM
wlthout pr! udlce
comrnittee sha , _
GAZETTE,EXTRAORDINARY, JULY 15 2022
(2)
(a)
o)
(c)
(d)
to the g€nrl"lity of the forwolng provision a market
(e)
(0
G)
o)
0)
0)
take such measures as may be necessary to bring about tt?nspar€ncy ln thedctermtnaum of prte
.ln-_the sale J, G*"**ra, produce and orhertransacffom taklng placu in tlre m"rf.", :ra.6'--.*. "
take measures for the
,,il;;;;#;,['JH::T,"i.Hf '#,fl,,,;lLTH"T
take au possibte steps b prevent adurteraHon ofagriculhrrat produce;
conduct or regutate anr
aeordancewrdd;;;o.r':i:Inffi$.*ffi 5T:producern
regulate the maHng, carrylnt out and enfortement or canceltadon ofa8ncements of sales. *qrn"* a"rrr"o pryr"ra=Lo
"u other meftersreladng to the markeung Jragrrculr"j o'#ri.,",
...,. "
:ffi""$"?"#g*T"Tt or dlsputes benreen the selrer and the buyer
pmducc and alt #;;#r::T,T:d
wrth the markedng of agriculttiral
keep a set of standard ,r:t$: and measures tn the market JErd againstwhlch weighment nray be checked
inspeEt and verl$ weighing scales, wetthts and measures in use ln tlrenrarket )rard and the boolcs of accluDt8 ,r?r"", O"*"merl(ot foncuonafies rn such manner a3 or"y ue prc""rJffB
malilained by
a.ralte to obtaln nuress
!h1ftn) c?rtific.re li.om a vetcrhary doctor lnrespect of anlmats, catde, birds etc,
"ra m, " i"i*. '"r.",
ln respefi ofEshes, whtdr arc bought or sotd r" il;.t.l;;;"'o
,
ffiTjffilfl:',fi::"T-*cflons trat tar(e prace tn the marletyard
aehurt seL th;;;ffi ;lFil$,:tffi "lH T ffix::nlthereof and in rhe event or torr, .r*r...il;## the orrginal buyerto8erher wtth ctrarps tncrlred ro,,e-rrr., r"r]]'lni"#"o o"rrent of rhesale t alue ofthc agrlcuttural proau". to tf," rJf"r?
-"- -..,
to rccvrrer cherges tn rcspoct of welghmont and hammals and pay towetShmont and hammats nn* p,a uyt";;;;::u", as the case may
tale suitable measures to
Produc€ tn exess of thelr al
ensure that radenl db lrot buy aSrlcurtural
such pur.chase; ,llly to disdlarge their obllgadons adsing out of
malnah and nranage the market )rard;
provlde, to the cxtent feaslble, storage and war€housing facltides forstocldng of agricultural produce by the pioducer;;;;;*,
(k)
0)
(m)
(n)
arbltradon;
#l'I*X+.[r*'fu'sr;:"n'#i:fffi*ffi
(bb)
Markedng
63'78 TIIEASSAM GAZETTE, EXTRAORDINARI IIJ]Y 15, 2022
(cc) carry out pubtic&y abqrt the hcneits of regulatlon, the syrem of
EaDsacfions and the fadlfties provided ln the martet prd.through sudt
merns as posteB, pamphlets, hoardtngs, cinema slides, fflm shows, group
meedn8s, decFonlc medla etc', or through any other mEans considcred
more efhctive or neoEssary;
(dd) employ necescary number of officers and servants for the efficient
imptemenEtion of the provisions of thls Act, the rules and bye'laws as
presctibed;
t3) The market committee may, rf,ith tie approval of the Board and wit}out any
tiabflity to the State Governme t promote and set up publlc private
partnershlp endties Gor the better management of mar*et yards or for
carrying out extcnsion acdviHes in the delineated market area, namely,
colleclilorl matn&nance and disseminadon of lnformation ln respec of
pruducdou sale, storage, processin& prlces and movement of agricultural
produce or ln such other aclivldes as may be deemed necessary.
t4)
ta)
In addiffon to tha above the market committee shall also be responsible for,
the maintenance of proper checlts on all recetpts and payment by its officersi
and
(b) proper erecutlon of all worla chargeable to the Market Fund and other
works entrusted by the Board;
To promote end encourage lnformation Technolory ln lt' operadons, the
marlet commlttee may establish appropriate slrstErts, cfieate necessary
lnfraststcture and underake all sudr actividm as may be rtqulred.
(6) The market committee may do such other thlngs as may be rcgulred for the
purpose of achieving the obiects and requiremenu of this Act and the rules
and bye{aw*made thereunder.
33. Power t{, remoee encrBchBelrts ltr Darhet yard. - [1) Any officer or servant of
tfie market committae or the Board empowered by &e State Government in this
behalf shall hane &e power to remove aoy encroachnrent ln the market yard and the
e)rpenses of such renoval shall be recovered ftcm the person who has caused the
sald encroachment as arrearc ofland revenue.
(2) Existence ofencroachment in the market yard shall deem to be a mlsconduct
of tle marlet committe€. if it does not reEolve to remove lt and that of the
Chairpersoq Vlce Chait?erson and the Execudve Ofrcer, if they fail to
remove such encrmchmeEt after the resoludon of the market comt ttee.
lrd Polvcr to bormw. - A market committee may, witl the prlor approval of the Doard.
borrow money hom a bank or a financial insdtudon or lgzue debentures secured on
any propertf vested ln it for carrying out the pur?os€s for whtch it has beBn
esabllshed and may incur any expe diturE towards borrowing money or issue of
debelnrls.
85. LEvy and collecdon of euuy ftc. - The market commltt€e may lany and collect
etrtsy fee on vrhlcles, which may enter the market yard at such rate as may be
speclfied ln the bye-laws,
(o
ruLv 15,2022 6379
THEASSAM G AZET"|E, EXTRAORD
:,6. ApPotnErent ol s[b-coEnltEc snd lotot cotnEltt'G' - A trrarl(gt Gommittee may
apPoint one or more sub-commitees or Iolnt clmmlEees or ad-hoc commiBeesfum
amorgSt lts members or any ofrer Person from the dettneated market area for tlre
admlnldradon of the rnarket yard, for the conduct of any work or for reportinS or
recommendl ng or declding any matter or maneni and may delsgate to such
comrnlttee or commlttecs such of lts pot 'ers or dudes as it may thlnk fiL
INARY,
38, Markst Fuad, its curtody and rnvr'.,ent- - (D Save as provlded in sub'section
f2l, all moneln recehrud bv a ;#;t;;ilee iv way or mart<et fee' license fees or
other hcs or drarges, "ll *";;;;;;; bv Tv:tf1ltv'
iner€st receivcd' all
loans raised by the committee,"and au granB, roans or contributlons made by the
state covernment or dre Bt;;d;;';;; pttt or o tund to be calted the Market
39.
Fund.
(2)
(3)
Save as othetwise pmvided in this Act' any money r-ecelved by the market
comrnittee by way of arbltt';;;;;; ;t"seorrily f".t't*-* in arbl'ation
o#J,''.i"o.',::':r::[i:**mH,i1l1H:[Tffi,7
u,ay of security deposit, coauiDuEr::^: "j_"';;".'-"r*Uf" to market
;#-;i aiy agricultural oroduce' or charges pay
fuirctionarlet and nrch "*"t tL""V t"ceived- by q" TltO'
oommitteeas
may be provided in the rule "t-i[t'*
ttt"u iot form patt of the Market
Fund, and shatl be kept tn such manner as may be prescrlbed'
save as othet.h'ise provitted in thls Act, the amount to dre credit of the
Market Fund and all other #;;ilLv.a"'TIlt committEe shall
be depostted in a scnea"tea-c"''"'"tnt" uanf a naliglatzed bank Post
office savtngs bank or
'" ** "ii*-*nJii
inan"ia instlurdons as tlre
Board maY aPProve'
Purltoles for rryhlch the Msr*et Fuad shall be expended' - Subiect to the
nmvistons of thl, oo, tn" *'o""il ti" Glaws made thercrmder' the Market Fund
:ffi;;;ror meeuns dle followtng purposE3' namelv: '
(l) contrtbutlng to the Statt Agriorltural Marketing Board as may be
prescrlbed;
b med the admlnlstrative orpcnditure of the market commlttee' lnduding
paJment of salaries *a. "'iit" ""tJu'tion -mt 'eras pruvldcnt fund'
Densions, leave satary ano grltuiUes' compensations br inlurles resulting
'from acc{dents, "ornp""'onitl';til.nit
for the ofncers and staff
emploY€d bY it and legal exPenses;
(2)
CHAPTER-VIII
Martret ltuud
3z :kcc!tron of eo{rtrectt' - (1) Every ctntrad.enterd tnb by a marlet committee
shall be tn wrlting "ta "f'"iii* #cuted on its behatf by tts Chatt?emon and tlre
Execud\te Ofncer'
(2) No contract otler than a contr3ct etecuted ac provlded ln 5ub'sedion (1)
aboveshallberralidorbtndlngouthemarkstcommltte€.
6380
I
TrIEASSAM EXTRAORD TARY, IULY 15, 2022
to mcet the er(pensos ofand lncidental to elecdons of the mar:ket commlttee;
&r dre establtshment malntenanc€ and improvement of the market yard;for the construcdon and repair of butldlnts and other infrastructureconvenience and safety ofpersons using the market yard;(6) to provide facflldes for qua.llty certificado& standardization andagrianlfural produce and for commu[ication wlth agrtculturists andproducers in the delineaEd market area;
(3)
(4)
(s)
{4
(8)
(10)
(11)
(e)
to provide and maintah shrdard weights and measunes;
Hff ;'*f#.:lX}y',l"ron or rnrormadon resardins mafters
fur contributsng a "r,
nd r"rkedng ofagrtc,rturar pt,duce;
'"'kJ;;.;;;#;'S;X,:o::l ""
derrcropment or asr''cultural
for incurrlng erpenses onasriculordi;ir-*1" "" ttsearch' extenslon and Eaintng in markedng of
I:',fr:ll"?jl,H1iffirl1ger asencree state, cen*ar and orbers,
ffi g:il?i"Hfr ,l#gf ttriif#tr",#ffi #"mffi tr
to cnaate and Promot€ on lt
,m,m'm,***.e*mmiilf i*l,rimrx
for the acqulsiEon ofsites or t
,;H",:ffi #;:Ttrr"i,:r#;;"T.ffi:;#.1"T$: j,#:,,tr
for erpenses incuned in audlung the accounts of the mark€t commltt€e;
gffi,i*,jf;ll-.;*?,ffi
,gfl it$["r,rrrlf[.nT,*
cont buting to the general
s,*ourerf, eiil"il"J;;[:T,"_;:I.J;T,lf#j,#:;H::,
any other purpose connecter
$I,xT.Hffi :fff,H'Y$J::T*';iffif; iHHl:il:l:;
for suct o&er purposes as the Board may dlrcct ftom 6me to time,
(14)
(ls)
o6)
04
(18)
(1e)
(20)
necessary for t}te
grading of
(12,
(13)
TIIE ASSAM GAZETTE, EXTRAORDINARY, IIJLY Ls, 2022 6381
{0. }rbappucadon of frc Market Funa - (1) Any orpenditure lncurred by the market
commlttee for e purpose other than those specifted under the last precedlng section
or any qpendlture lncurred ln exce$ of the budget approved by the Board shall
deemed to be mlrappllcation of the Market Fun4
(2) Io case of misappllcadon ofthe Marftet pund, the Board may take such actJon
as may be expedlenc
CHAPTER- IX
Flaance and Accounts
4L Accounl! of thc mar*et canElttee. -The manner in which any payment shall be
made by the market commtttee, its accounts shalt be kept and audtted or re.audited
(includlng poweExcerpt shown. Open the full act in Lexace.
Lex