LexThe Goa Agricultural Produce Marketing (Development and Regulation) Act, 2007
Goa · state statute
Open in Lexace · Ask the AI about this act-1- GOVERNMENT OF GOA Department of Law & Judiciary Legal Affairs Division ––– Notification 7-12-2007-LA The Goa Agricultural Produce Marketing (Development and Regulation) Act, 2007 (Goa Act 11 of 2007), which has been passed by the Legislative Assembly of Goa on 8-3-2007 and assented to by the Governor of Goa on 1-8-2007, is hereby published for general information of the public. Sharad G. Marathe, Joint Secretary (Law). Porvorim, 6th August, 2007. ______ The Goa Agricultural Produce Marketing (Development and Regulation) Act, 2007 (Goa Act 11 of 2007) [1-8-2007] AN ACT To provide for improved regulation in marketing of agricultural produce, development of efficient marketing system, promotion of agriprocessing and agricultural export and the establishment and proper administration of markets for agricultural produce in the State of Goa and to put in place an effective infrastructure for marketing of agricultural produce and lay down procedure and system thereto . BE it enacted by the Legislative Assembly of Goa in the Fifty-eighth Year of the Republic of India as follows :— CHAPTER I Preliminary 1. Short title, extent and commencement. — (1) This Act may be called the Goa Agricultural Produce Marketing (Development and Regulation) Act, 2007. (2) It shall extend to the whole of the State of Goa. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. 2. Definitions.— In this Act, unless the context otherwise requires,— (a) "agricultural produce" means all produce (whether processed or unprocessed) of agriculture, horticulture, apiculture, sericulture, livestock and products of livestock, forest produce, etc., as are specified in the Schedule or declared by the Government by Notification from time to time and also includes mixture of two or more than two of such products; -2- (b) "agriculturist" means a person who ordinarily by his own labour or by the labour of any member of his family or by the labour of his tenants or servants or hired labour or otherwise, is engaged in the production or growth of any notified agricultural produce, and includes— (a) a member of a co-operative society registered in the State of Goa which is dealing with agricultural produce; or (b) a person who has sold agricultural produce to the co-operative society, of the value not less than Rs. 5000/- or of such amount as may be determined by the State Marketing Officer from time to time in the preceding financial year; but does not include a trader, trading agent, broker, processor or commission agent; (c) "bill" means a bill issued by the traders as prescribed; (d) "business" means the purchase, sale, processing, value addition, storage, transportation or other connected activity of agricultural produce; (e) "buyer" means a person or a firm or a company or a co-operative society or a Government agency or a public undertaking or a public agency or a corporation or a commission agent, who himself or on behalf of any other person or agent, buys or agrees to buy agricultural produce in the market area as notified under this Act; (f) "bye-laws" means the bye-laws made by the Goa Agricultural Marketing Board under this Act; (g) "Collector" means the Collector of the district or any officer empowered to discharge the duties of the Collector under the provisions of this Act; (h) "commission agent" means a person who on behalf of his principal trader and in consideration of a commission on the amount involved in such transaction, buys agricultural produce and keeps it in his custody and delivers it to the principal trader in due course or receives and takes in his custody agricultural produce sent for sale within the market area or from outside the market area, sells the same in the market area and collects payment thereof from the buyer and remits the sale proceeds to his principal trader; (i) "contract farming" means farming by a person called "Contract Farming Producer" under a written agreement with another person called "Contract Farming Sponsor" to the effect that his agricultural produce shall be purchased as specified in the contract farming agreement; (j) "contract farming agreement" means the agreement made for contract farming between Contract Farming Producer and Contract Farming Sponsor; (k) "contract farming producer" means an individual agriculturist or association of agriculturists, by whatever name called; (1) "contract farming sponsor" means a person entering into contract with the contract farming producer in terms of section 46 of this Act; (m) "District Council" means a Zilla Panchayat established under the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994); (n) "export" means dispatch of agricultural produce outside India; (o) "exporter" means such person or a firm who exports agricultural produce; (p) "e-trading" means trading in which billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network or internet; (q) "Government" means the Government of Goa; (r) "hamal" means a labourer or coolie engaged for Dara-making, loading, unloading, -3- filling, stitching, emptying or carrying any agricultural produce in the notified market area; (s) "Import" means bringing agricultural produce in India from other country; (t) "Importer" means a person or firm who imports agricultural produce; (u) "Licence" means a licence granted under this Act; (v) "Licensee" means a person or association or firm or company or public sector undertaking or society holding a licence issued under this Act; (w) "local authority" means and includes a Village Panchayat or Zilla Panchayat or Municipal Council or Municipal Corporation, as the case may be; (x) "Market" means a market area declared under section 4 of this Act and includes market yard and sub-yards; (y) "market area" means area notified as market area under section 4 of this Act; (z) "market charges" includes charges on account of or in respect of commission, brokerage, weighing, measuring, hamali (loading, unloading and carrying), cleaning, drying, stitching, stacking, hiring, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing; (za) "market functionary" means a trader, a commission agent, buyer, hamal, processor, stockist and such other person as may be declared under the rules or bye- laws to be a market functionary; (zb) "market yard" means a specified place and includes any enclosure, building or locality declared as such in any market area by the Government; (zc) "marketing" means all activities involved in the flow of agricultural produce commencing from the stage of harvest till it reaches to the ultimate consumers, viz. grading, processing, storage, transport, channels of distribution and all other activities involved in the process; (zd) "Marketing Board or Board" means the Goa Agricultural Marketing Board established under section 10 of this Act; (ze) "notified agricultural produce" means any agricultural produce notified under section 4 of this Act; (zf) "Other Backward Classes" means the other backward classes of citizens as specified by the Government from time to time; (zg) "prescribed" means prescribed by rules made under this Act; (zh) "private market yard" means such place other than the market yard or sub-market yard in the market area where infrastructure has been developed and managed by a person for marketing of notified agricultural produce by holding a licence for this purpose under this Act; (zi) "processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical mode of treatment to which agricultural produce or its product is subjected to; (zj) "processor" means a person who undertakes processing of any notified agricultural produce on his own accord or on payment of a charge; -4- (zk) "registration" means registration done under this Act; (zl) "retail sale" means a sale of notified agricultural produce not exceeding such quantity as the Marketing Board may, by bye-laws, determine for retail sale in respect thereof; (zm) "rules" means rules made under this Act by the Government; (zn) "Schedule" means the Schedule to this Act; (zo) "schedule castes/schedule tribes" shall carry the same meaning as assigned to them under clause (24) and (25) respectively of Article 366 of the Constitution of India; (zp) "Secretary" means the Secretary of the Marketing Board and includes a Joint, Deputy or Assistant Secretary of the Marketing Board; (zq) "seller" means a person who sells or agrees to sell any agricultural produce; (zr) "State Marketing Officer" means a person appointed as the State Marketing Officer for the State of Goa; (zs) "Sub-market yard" means a specified place other than market yard and includes any enclosure, building or locality, declared as such in any market area by the Government or the State Marketing Officer, by notification; (zt) "trader" means a person who in his normal course of business buys or sells any agricultural produce and includes a person engaged in processing of agricultural produce but does not include an agriculturist; (zu) "transportation" means taking agricultural produce by pushcart, bullock cart, truck or other vehicle, in the course of business, for marketing, from one place to another; (zv) "transporter" means a person who transports agricultural produce; (zw) "Value addition" means processing, grading, packing or other activities due to which value is added to the agricultural produce; (zx) "Year" means the financial year or such year as may be notified by the Government from time to time. CHAPTER II Establishment of Markets 3. Notification of intention of developing and regulating marketing of agricultural produce in specified area.— (1) Upon a representation made by any person or local authority or by the growers of any agricultural produce within the area for which a market is proposed to be established or otherwise, the Government or the person appointed by the Government as the State Marketing Officer, may, by notification in the Official Gazette and in such other manner as may be prescribed, declare its or his intention of developing and regulating the marketing of such agricultural produce in such area as may be specified in the notification. (2) A notification under sub-section (1) shall state that any objection or suggestion which may be received by the Government or the State Marketing Officer within a period which shall be not less than thirty days from the date of publication of such notification in the Official Gazette, shall be considered by the Government or the State Marketing Officer. 4. Declaration of market areas and development and regulation of marketing of specified agricultural produce therein.— After expiry of the period specified in the notification issued under section 3 and after considering such objections and suggestions as -5- may be received before the expiry of such period and after making such inquiry as may be necessary, the Government or the State Marketing Officer may, by notification, declare the area specified in the notification issued under section 3 or any portion thereof to be a market area for the purposes of this Act and that marketing of all or any kind of agricultural produce specified in the notification issued under section 3 shall be developed and regulated under this Act in such market area. 5. Management of market yards, sub-market yards, Farmers/Consumer/Market and Private Market.— (1) In every market area, there may be:— (i) market yard managed by the Marketing Board; (ii) one or more than one sub-market yards managed by the Marketing Board; (iii) one or more than one private market yards/private markets managed by a person other than the Marketing Board; (iv) one or more than one farmer's/consumer's markets managed by a person other than the Marketing Board. (2) The Government shall, as soon as may be, after the issue of notification under section 4, by notification, declare any specified place including any structure, enclosure, open place, or locality in the market area to be a market yard or sub-market yard, as the case may be. 6. Notification of intention to alter limits of or to amalgamate or to split a market area.— (1) The Government may, by notification, declare it's intention,— (i) to alter the limits of a market area by including within it any other area in the vicinity thereof or by excluding therefrom any area comprised therein; or (ii) to amalgamate two or more market areas and constitute one market area thereof. (2) Every notification issued under sub-section (1) of this section shall define the limits of the area which is intended to be included in or excluded from a market area, or of the market areas intended to be amalgamated into one market area, or of the area of each of the markets intended to be constituted after splitting up an existing market area, as the case may be, and shall also specify the period which shall not be less than six weeks within which objections, if any, shall be received by the Government. 7. Procedure subsequent to notification under section 6. — (1) Any inhabitant of the market area or of the areas covered by the notification issued under sub-section (1) of section 6 may, if he objects to anything contained therein, submit his objections in writing to the Government within the period specified for this purpose in the said notification. (2) When the period specified in the notification issued under sub-section ( 1) of section 6 has expired and the Government has considered and passed orders on such objections as may have been submitted to it within such period, the Government may, by notification, include the area or any part thereof in the market area or exclude it therefrom or amalgamate market areas thereof. 8. Effect of alteration of limits. — Where a notification under section 7 has been issued, the Government shall, after consulting the Marketing Board, frame a scheme to determine what portion of the assets and other properties vested in one market shall vest in the other market and in what manner the liabilities of the market shall be apportioned between the two markets and such scheme shall come into force on the date of it's publication in the Official Gazette. 9. Power of Government to issue consequential order. — (a) Where a notification is issued under sub-section ( 1) of section 6 excluding area from any market area and such excluded area is not declared to be a separate market area; or -6- (b) Where a notification is issued under sub-section (1) of section 6 including any area within a market area, the Government may pass such consequential orders as it may deem fit in respect thereof and the sub-committee constituted for such market area before the date of such exclusion or inclusion, shall, notwithstanding anything contained in this Act, continue to be sub-committee for the said excluded or included area until the declaration of such areas as market area under this Act. CHAPTER III Constitution of Marketing Board 10. Establishment of the Marketing Board.— The Government shall establish a Marketing Board called as the Goa Agricultural Marketing Board for the State of Goa consisting of a Chairman, a Vice-Chairman and other members. The Marketing Board shall have such powers and discharge all such functions as are vested in it by or under this Act. 11. Incorporation of the Marketing Board.— The Marketing Board shall be a body corporate by the name of "the Goa Agricultural Marketing Board", and shall have perpetual succession and a common seal and it may sue or be sued in its corporate name and shall be competent to contract, acquire and hold property, both movable and immovable and to do all other things necessary for the purposes for which it is established. 12. Constitution of the Marketing Board.— ( 1) Subject to the provisions of sub- section (2), the Marketing Board shall consist of the following 1[ ] 2[ ] 3[eighteen] members, namely:— (a) 4[Twelve] agriculturist members to represent agriculturists from each taluka of the State of Goa to be elected by the agriculturists only from the respective talukas; (b) two female agriculturists members, one each from the North Goa District and the South Goa District, to be elected by the agriculturists only in the manner prescribed; (c) one trader holding ‘A’ 5[or ‘B’] class licence to be elected from amongst traders of all classes; (d) 6[two members to be nominated by the Government, one being from the office of the Registrar of Cooperative Societies, Government of Goa, and other being from the Department of Agriculture, Government of Goa, to function during the term of the Marketing Board;] (e) 7[the Secretary of the Marketing Board, to function during the term of the Marketing Board.”.] (f) 8[ ] (g) 9[ ] (h) 10[ ] (2) Notwithstanding anything contained in sub-section ( 1) or any other provisions of this Act, when the Marketing Board is constituted for the first time, all the members, the Chairman and the Vice-Chairman thereof shall be nominated by the Government: Provided that the Chairman and the Vice-Chairman shall be nominated from amongst the agriculturists from the State of Goa.11[“ provided further that where the numbers of members of the Marketing Board is increased within 1 year preceding the date on which the term of the other existing members of the Marketing Board expires, the Government may nominate a person from the respective category, to such office.”. ] -7- 13. Election and term of office of members.— (1) The members shall be elected in the prescribed manner. Such rules may also provide for the determination of constituencies, the preparation and maintenance of the list of voters, persons qualified to be elected, disqualifications for being chosen as, and for being a member, the right to vote, the payment of deposit and it's forfeiture, the determination of election disputes and all matters incidental and ancillary thereto, including provisions regarding election expenses. (2) Except as otherwise provided in this Act, the members of the Marketing Board (not being a Marketing Board constituted for the first time) shall hold office for a period of five years and the members of the Marketing Board constituted for the first time shall hold office for a period of two years: Provided that, where the general elections of the members of Marketing Board could not be held before expiry of the term of office of its members as aforesaid, the Government may, by order published in the Official Gazette, extend from time to time, the term of office of the members of the Marketing Board, so however that, the period for which the term of office is so extended shall not exceed the period of one year in the aggregate: 12[“Provided further that person who is a member of the Marketing Board by virtue of he being a representative of traders shall hold office so long as he continues to hold ‘A’ or ‘B’ class licence.”.] (3) The names of all the members of the Marketing Board shall be published by the Government in the Official Gazette and upon such publication, the Marketing Board shall be deemed to be duly constituted. 14. Preparation of list of voters and statement of expenditure. — (1) The superintendence, direction and control of the preparation of the list of voters for the purpose of conducting election to the Marketing Board shall vest with the Marketing Board and for the purpose of preparing the list of voters and conduct of election, the Marketing Board shall constitute necessary election fund. (2) Whenever the list of voters is to be prepared or revised for the purpose of conducting election to the Marketing Board, the Registrar of Co-operative Societies shall, in writing, inform the Marketing Board about the same and require the Marketing Board to submit the list of voters of different constituencies and also require to deposit with him such amount before such date as may be specified by him for meeting expenses of elections. (3) The Registrar of Co-operative Societies shall, after the declaration of the result of the election, draw up a statement of the expenditure incurred in conducting the election and shall within a period of three months from such result forward the same to the Marketing Board for information. The balance amount remaining unspent, if any, shall be refunded to the Marketing Board alongwith the dead stock purchased for the purpose. If the expenditure incurred exceeds the amount of deposit, the Registrar of Co-operative Societies shall call upon the Marketing Board to pay the excess amount as specified by him within one month from the date of receipt of the direction from him and the Marketing Board shall comply with such direction. 15. Commencement of term of office of members.— (1) The term of office of members of the Marketing Board shall commence on the date of the first meeting of the Marketing Board at which business is transacted. (2) The first meeting of a Marketing Board shall be held on such date as may be fixed by the State Marketing Officer or any officer authorised by him in that behalf, being a date -8- which is within thirty days from the date on which the names of members are published in the Official Gazette. If the first meeting is, for any reason, not held within thirty days as aforesaid, the State Marketing Officer shall report the fact to the Government and state therein the reasons for the failure to hold the meeting and shall, thereafter, act according to the directions of the Government issued in that behalf. (3) The term of office of outgoing members shall expire on the date immediately preceding the date of such first meeting. 16. Appointment of Administrator or Committee of Administrators after expiry of the normal or extended term of office of members.— (1) Notwithstanding anything contained in sub-section (3) of section 15 or any other provisions of this Act, where the term of office of two years, five years or the extended term of office, if any, of members of the Marketing Board has expired, the Government or any officer not below the rank of Assistant Registrar authorized by it, shall, by a written order,— (a) direct that all members of the Marketing Board shall, as from the date specified in the Order, cease to hold and vacate their offices as members or otherwise; and (b) appoint a person or the Committee comprising of not more than three members, from time to time, as the Administrator or the Committee of Administrators, as the case may be, to manage the affairs of the Marketing Board, for the period specified in the order upto the date of the first meeting of the reconstituted Board after the election is held (hereinafter in this section referred to as the "said period") and election shall be held within a period of six months from the date, the Administrator or the Committee of the Administrators, as the case may be, assumes office: Provided that this period of six months may be extended, from time to time, by the Government, in exceptional circumstances, to a period not exceeding one year in the aggregate, by notification published in the Official Gazette, for reasons which shall be stated in such notification. (2) During the said period, all the powers and duties of the Board and it's various authorities under this Act and the rules and bye-laws made thereunder or any other law for the time being in force shall be exercised and performed by the Administrator or the committee of the Administrators, as the case may be. (3) The Administrator or the Committee of Administrators, as the case may be, may delegate any of his or its powers and duties to any officer, for the time being serving under him or it or under the Marketing Board. (4) The Administrator or the members of the Committee of Administrators, as the case may be, shall receive such remuneration from the Fund of the Marketing Board as the Government may, from time to time, by general or special order, determine. 17. Resignation of members and nominations in certain circumstances.— (1) Any member of the Marketing Board may resign his office by writing under his hand addressed to the Chairman and the Chairman may resign his office by writing under his hand addressed to the State Marketing Officer and such resignation shall take effect from the date it is accepted by the Chairman or the State Marketing Officer, as the case may be. (2) If, at any time, it appears to the Government that the Marketing Board by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, the Government may, by order published in the Official Gazette, nominate persons to fill the vacancies of the members who have resigned: -9- Provided that the persons so nominated shall hold office only for the remainder of the term of the members in whose place they are nominated or until the vacancies are duly filled in by election, whichever is earlier. 18. Removal of members for misconduct.— The Government, on the recommendation of the Marketing Board, supported by not less than two third of its members having voting right at a meeting, may remove any member of the Marketing Board who has been found guilty of neglect or misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member or is adjudged as insolvent: Provided that, no such member shall be removed from his office unless he has been given reasonable opportunity of being heard by the Government. 19. Casual vacancies.— 13[ Subject to the provisions of sub-section ( 2) of section 13, in the event of any vacancy on the Marketing Board occurring on account of death, resignation or removal of a member or otherwise, the Chairman shall forthwith communicate the occurrence of such vacancy to the Government and such vacancy shall be filled by the Government by appointing a person from the respective category thereto, who shall hold office so long as the member in whose place he is appointed would have held it, if the vacancy had not occurred: 14[Provided that the person so appointed by the Government shall hold such office during the pleasure of the Government:] Provided further that, if the vacancy occurs within six months preceding the date on which the term of office of the member expires, such vacancy shall not be filled: Provided also that, where there are vacancies on the Marketing Board in excess of one third of total number of members, the remaining members shall call upon the Registrar to hold the election to fill such vacancies for remaining period.”. ] 20. Election of Chairman and Vice-Chairman. –– The meeting of the Marketing Board shall be presided over by the Chairman and in the absence of the Chairman, by the Vice- Chairman. The Chairman and the Vice-Chairman shall be elected by the members of the Marketing Board, excluding the Secretary of the Marketing Board and the Government nominees. Only the members as mentioned in clauses 15[ ] 16[(a) and (b)] of sub- section (1) of section 12 shall be eligible to contest the elections for the post of the Chairman or the Vice-Chairman. 21. Term of office of Chairman and Vice-Chairman. — The Chairman and the Vice- Chairman shall hold office for such period as may be prescribed. 22. Chairman and Vice-Chairman to hold office until their successors enter upon office.— The Chairman and the Vice-Chairman shall, notwithstanding the expiration of their term of office, continue to hold their office, until their successors enter upon their office or the Administrator or the Committee of Administrators, as the case may be, is appointed under section 16 and assumes office. 23. Honorarium to Chairman and Vice-Chairman. — The Chairman and the Vice- Chairman shall be paid such honorarium as the State Marketing Officer may specify, having regard to the finances of the Marketing Board, so however that, the total amount of such honorarium to be paid shall not exceed the limit as may be prescribed. 24. Procedure for election of Chairman and Vice-Chairman. — (1) On the constitution of the Marketing Board after a general election or otherwise, a meeting shall be -10- called for the election of the Chairman and Vice-Chairman on the date fixed by the State Marketing Officer under sub-section (2) of section 15. (2) Such meeting shall be presided over by the State Marketing Officer or any person authorised by him in that behalf. The State Marketing Officer or such authorised person shall, when presiding over the meeting, have the same powers as that of the powers exercised by the Chairman while presiding over a meeting of the Marketing Board, but shall not have the right to vote. (3) If, in the election of a Chairman or Vice-Chairman, there is an equality of votes, the result of the election shall be decided by lots to be drawn in the presence of the presiding officer in such manner as he may determine. (4) In the event of a dispute arising as to the validity of the election of a Chairman or Vice-Chairman, the State Marketing Officer, if he is the presiding officer, shall decide the dispute himself and in any other case the officer/person authorised to act as a presiding officer by the State Marketing Officer shall refer the dispute to the State Marketing Officer for his decision. The decision of the State Marketing Officer, subject to an appeal to the Government, shall be final and no suit or other proceeding shall lie in any Court in respect of any such decision. 25. Resignation of Chairman and Vice-Chairman. — ( 1) The Chairman may resign from his office by writing under his hand addressed to the State Marketing Officer and such resignation shall take effect from the date it is accepted by the State Marketing Officer. (2) The Vice-Chairman may resign from his office by writing under his hand addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Chairman. 26. Motion of no-confidence against Chairman or Vice-Chairman.— (1) A Chairman or Vice-Chairman shall forthwith cease to be a Chairman or a Vice-Chairman, as the case may be, if the Marketing Board at a special meeting by a resolution passed by a majority of not less than two third of its total number of members (excluding the members who have no right to vote), so decides. (2) The requisition for such special meeting shall be signed by not less than half of the total number of members (excluding the members who have no right to vote) and shall be sent to the State Marketing Officer. (3) The State Marketing Officer shall, within fifteen days from the date of receipt of the requisition under sub-section (2), convene a special meeting of the Marketing Board: Provided that, when the State Marketing Officer convenes such special meeting of the Board, he shall give advance written notice thereof to the Chairman or to the Vice- Chairman, as the case may be. (4) A special meeting to consider a resolution under sub-section ( 1) shall be presided over, by the State Marketing Officer or such person/officer authorized by him in this behalf, but the State Marketing Officer or such person/officer shall have no right to vote at such meeting. (5) The member of Marketing Board who have no right to vote may take part in the discussion. (6) If the motion of no confidence is not carried or if the meeting could not be held for want of quorum, no such requisition for considering fresh such motion of no confidence in -11- the same Chairman or Vice-Chairman shall be made before the expiry of six months from the date of such meeting. 27. Consequences of absence of Chairman, Vice-Chairman or member without leave.— Subject to the rules made by the Government in this behalf, a Chairman, a Vice- Chairman or a member, as the case may be, who absents himself from three consecutive meetings of the Marketing Board without leave of the Marketing Board, shall cease to be a Chairman, a Vice-Chairman or a member, as the case may be. 28. Vacancies in office of Chairman and Vice-Chairman to be filled up. — (1) In the event of a vacancy in the office of the Chairman or Vice-Chairman by reason of death, resignation, removal or otherwise, the vacancy shall, subject to the provisions of this Act, be filled, as soon as may be, by election or by nomination of the Chairman or Vice-Chairman, as the case may be. (2) Every Chairman or Vice-Chairman elected or nominated under this section to fill a casual vacancy shall . hold office for such period as the Chairman or Vice-Chairman in whose place he is elected or nominated, as the case may be, would have held it if such vacancy had not occurred. 29. Refusal to hand over charge to new Chairman or Vice-Chairman. — (1.) On the election or nomination of a new Chairman or Vice-Chairman, the out-going Chairman or Vice-Chairman in whose place the new Chairman or Vice-Chairman has been elected or nominated shall forthwith hand over charge of his office to such new Chairman or Vice- Chairman, as the case may be. (2) If the outgoing Chairman or Vice-Chairman fails or refuses to hand over the charge of his office as required under sub-section ( 1), the State Marketing Officer or any Officer empowered by the State Marketing Officer in this behalf, may, by order in writing, direct the Chairman or the Vice-Chairman, as the case may be, to forthwith hand over the charge of his office and all records, funds, papers and property of the Marketing Board in his possession, if any, to the new Chairman or Vice-Chairman. (3) If the outgoing Chairman or Vice-Chairman to whom a direction has been issued under sub-section ( 2) does not comply with such direction, the State Marketing Officer or any person authorized by him in this behalf may apply to the Sub-divisional Magistrate within whose jurisdiction the Marketing Board is functioning for seizing and taking possession of records, papers, funds and property of the Marketing Board in the possession of such Chairman or Vice-Chairman. (4) On receipt of an application under sub-section ( 3), the Sub-divisional Magistrate may authorize any police officer, not below the rank of a Police Sub-Inspector, to enter and search any place where the records, funds, papers and property of the Marketing Board are kept or likely to be kept and to seize them and hand over possession thereof to the new Chairman or Vice-Chairman, as the case may be, who then shall be deemed to have assumed charge. 30. Meetings, etc. of Marketing Board. — The meetings, quorum and procedure to be followed at meetings of the Marketing Board shall be regulated in accordance with the bye- laws made for that purpose by the Marketing Board. 31. Members to act during vacancy and acts of Marketing Board, etc., not to be invalidated by informalities.— (1) During any vacancy of member in the Marketing Board, the continuing members may act as if no vacancy has occurred. -12- (2) A Marketing Board shall have power to act notwithstanding any vacancy in the office of member thereof or any defect in the constitution thereof or in any act or proceedings thereof and all such acts shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to do so, presided over the meeting of Marketing Board or voted at such meeting or otherwise took part in the proceedings of the Marketing Board. CHAPTER IV Powers and duties of Marketing Board 32. Powers and duties of Marketing Board. — (1) It shall be the duty of the Marketing Board to implement the provisions of this Act, the rules and bye-laws made thereunder in the market area, to provide facilities for marketing of agricultural produce in the market area as directed by the State Marketing Officer or the Government, as the case may be, and do such other acts as may be required in relation to the superintendence, direction and control of markets or for regulating marketing of agricultural produce in any place in the market area and for purposes connected with the matters aforesaid and for that purpose may exercise such powers, perform such duties and discharge such functions as may be provided by or under this Act. (2) Without prejudice to the generality of the foregoing provisions, the Marketing Board may,— (a) regulate the entry of persons and of vehicular traffic into the market; (b) supervise the behaviour of the persons who enter the market for transacting business; (c) grant, renew, refuse, suspend or cancel licences; (d) maintain and manage the market, including admissions to and conditions for use of market within the market area; (e) provide for necessary facilities required for the marketing of agricultural produce within the market in the market area; (f) regulate and supervise the auctions of notified agricultural produce in accordance with the provisions and procedure laid down under the rules made under this Act or the Bye-laws of the Marketing Board; (g) regulate the making, carrying out and enforcement or cancellation of agreements of sales, weighment, delivery, payment and all other matters relating to marketing of notified agricultural produce in the prescribed manner; (h) take all possible steps to prevent adulteration and to promote and organize grading and standardization of agricultural produce; (i) take measures for the prevention of purchase and sale below the minimum support prices as fixed by the Government from time to time; (j) collect, maintain, disseminate and supply information in respect of production, sales, storage, processing, prices and movement of notified agricultural produce including information relating to crops, statistics and marketing intelligence as may be required by the State Marketing Officer; (k) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animals, cattle, birds, etc., which are bought or sold in the market area; -13- (l) carry out the publicity about the benefits of regulation, system of transaction facilities provided in the market area through such media as, in the opinion of the Marketing Board, may be effective or necessary; (m) provide for settlement of disputes arising out of any kind of transactions connected with the marketing of agricultural produce and all matters incidental and ancillary thereto; (n) subject to the provisions of section 11, acquire, hold or dispose off any movable or immovable property for the purpose of efficiently carrying out it’s duties; (o) institute or defend any suit, prosecution, action, proceedings, application or arbitration and compromise such suit or action; (p) make arrangement for holding of elections of the Marketing Board in the prescribed manner; (q) levy, take, recover and receive charges, fees, rates and other sums or money to which the Marketing Board is entitled; (r) subject to approval of the State Marketing Officer, obtain loans, subsidies, subventions from the State and Central Government or any financing agency for providing warehousing and marketing facilities in the market; (s) subject to approval of the State Marketing Officer, prepare budgets, supplementary budgets, make re-appropriation in the budget and incur expenditure accordingly; (t) keep a set of standard weights and measures in the markets against which weighment and measurement may be checked; (u) inspect and verify the scales, weights and measures which are in use in the market area and also the books of accounts and other documents maintained by the licensee in such manner as may be prescribed; (v) administer the Marketing Board Fund referred to in section 44 of this Act and maintain the account thereof and get the same audited in the prescribed manner; (w) prosecute persons for violating the provisions of this Act, the rules and bye- laws framed thereunder; (x) provide storage and warehousing facilities in the market area; (y) with the prior sanction of the Government or the State Marketing Officer, undertake any other activity conducive to the promotion or regulation of marketing of agricultural produce; (z) perform such other duties as may be prescribed; 33. Appointment of sub-committees and delegation of power.— The Marketing Board may appoint one or more sub-committees consisting of one or more of it's members and may delegate to such sub-committee, such of its powers or duties as it may think fit. The sub- committee so appointed shall function under the superintendence, guidance, direction and control of the Marketing Board. 34. Power to levy market fees (single point levy).— (1) The Marketing Board shall levy market fee,— (i) on the sale or purchase of notified agricultural produce, whether brought from a place within the State or from a place outside the State, into the market area; and (ii) on the notified agricultural produce, whether brought from a place within the State -14- or from a place outside the State, into the market area for processing; at such rates as may be fixed by the Government from time to time subject to a minimum rate of one rupee and maximum of two rupees for every one hundred rupees of price of agricultural produce, in the manner prescribed. (2) The market fees specified in sub-section (1) shall not be levied.— (i) for the second time in other market area of the State, where such market fee has already been paid on a particular agricultural produce in any market area of the State and the information to that effect has been furnished by the concerned person in the manner prescribed. (ii) more than once in any market area, in case the agricultural produce is being resold in the process of commercial transaction between traders or two consumers, provided that, the information to that effect has been furnished by the concerned person in the manner prescribed. (3) On the agricultural produce brought in the market area for commercial transaction or for processing or for export, the market fee shall be deposited by the buyer or processor or exporter, as the case may be, in the office of the Marketing Board, within 14 days from the date of entry of such agricultural produce in the market area or before it's sale or resale or processing or dispatch outside the market area, as the case may be: Provided that in case if any notified agricultural produce is found to have been processed, sold, resold or dispatched outside the market area without payment of market fee payable on such produce, the Marketing Board shall impose penalty on the concerned person which shall be five times of the market fees payable. (4) The market fee shall be payable by the buyer of the notified agricultural produce and shall not be deducted from the price payable to the seller: Provided that where the buyer of the notified agricultural produce cannot be identified, all the fees shall be payable by the person who has sold or brought the agricultural produce for sale in the market area: Provided further that in case of commercial transactions between traders in the market area, the market fee shall be collected and paid by the seller. (5) The market functionaries, as may be specified by the Marketing Board in the bye- laws, shall maintain account relating to sale, purchase, processing or addition in value of agricultural produce in the prescribed forms and submit to the Marketing Board periodical returns in that respect in the manner prescribed. (6) The Marketing Board may levy and collect entrance fee on vehicles, which enter the market yard/sub-market yard, at such rate as may be specified in the bye-laws. 35. Power to borrow. — ( 1) The Marketing Board may, with previous sanction of the State Marketing Officer, 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 leviable and recoverable by it under this Act. (2) The Marketing Board may, for the purpose of meeting the expenditure on lands, buildings and equipment required for establishing the market, obtain a loan from the Government on such terms and conditions as the Government may determine. 36. Power to order production of accounts, entry, inspection and seizure. — (1) The Secretary of the Marketing Board or any officer empowered by
Excerpt shown. Open the full act in Lexace.