LexThe Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020 (Act No. 9 of 2020)
Meghalaya · state statute
Open in Lexace · Ask the AI about this actThe Gazette of Meghalaya EXTRAORDINARY PUBLISHED BY AUTHORITY No. 128 Shillong, Monday, June 1, 2020 12th Jyeshtha, 1942 (S. E.) PART‐IV GOVERNMENT OF MEGHALAYA LAW (B) DEPARTMENT ‐‐‐‐‐‐‐ NOTIFICATION The 1st June, 2020. No.LL(B).151/80/58. – The Meghalaya State Agricu ltural Produce and Livestock Marketing (Promotion and Facilitation) Ac t, 2020 (Act No. 9 of 2020) is hereby published for general information. MEGHALAYA ACT NO. 9 OF 2020. (As passed by the Meghalaya Legislative Assembly) Received the assent of the Governor on the 29 th May, 2020. Published in the Gazette of Meghalaya Extra-Ordinary issue dated 1 st June, 2020. PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 546 THE MEGHALAYA STATE AGRICULTURAL PRODUCE AND LIVESTOCK MARKETING (PROMOTION AND FACILITATION) ACT, 2020 An Act To provide for geographically restriction‐free trade transaction of agricultural produce including livestock across the State and country; to give freedom to the agriculturists to sell their produce across time and space; to enhance transparency in trade operations and price settlement mechanism through adoption of electronic and other innovative form of technology; to promote emergence of multiple channels for competitive marketing, agri‐processing and agricultural export; to encourage investments in development of markets and marketing infrastructure in the State of Meghalaya; and whereas it is expedient to put in place facilitative regulation, professional management and conducive policy frame work there of and purposes connected therewith and to lay down procedures and systems thereto. Be it enacted by the Meghalaya State Legislature in the Seventy first year of the Republic of India as follows: CHAPTER –I PRELIMINARY Short title, extent and commencement. 1. (1)This Act may be called “The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020. (2) It extends to the whole of Meghalaya. (3) It shall come into force on such date as the State Government may, by notification, appoint. Definitions. 2. In this Act, unless there is anything repugnant in the subject or context‐ (1) “Ad‐hoc buyer” includes a buyer to be registered under Section 79 of this Act; (2) “Agricultural produce” includes all produce, whether processed or not, of agriculture, horticulture, apiculture, sericulture, livestock and product of livestock, forest excluding trees grown on private land, specified in the schedule or declared by the Government by notification from time to time; (3) “Agriculturist” means a person who is engaged in production of agricultural produce including rearing of livestock by himself or by hired labour or otherwise, including tenant; “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 or Officer In‐charge of Land Revenue of the District by whatever name it may PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 547 be called in which such person is engaged in production of agricultural produce and/ or rearing of livestock, 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. (4) “Assaying lab” means a laboratory setup, as prescribed in the Rules, Bye‐laws, guidelines or instructions, for testing of quality parameters as per the tradable parameters or grade‐standards or any other parameters notified by the competent authority; (5) “Board” means the Meghalaya State Agricultural Marketing Board, established under Section 84 of this Act; (6) “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; (7) “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 market sub‐yard(s) under its management, make Bye‐laws for the regulation of business and conditions of trading therein; (8) “Cold storage” in relation to Market Yard means cold storage declared as market sub‐yard under Section 12 of this Act; (9) “Commission agent” means 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 custody and controls it during the 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; (10) “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 ; (11) “Director” means Director of Horticulture in charge of Agricultural Marketing or any other officer, excepting Managing Director of State Agricultural Marketing Board, appointed by the State Government, 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; (12) “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, PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 548 sub‐market yard, private market yard and market sub‐yard under Section 13 of this Act; (13) “District Council” means a Council under paragraph 2 of the Six Schedule to the Constitution of India. (14) “Electronic trading” means trading of notified agricultural produce including livestock in which registration, auctioning, billing, booking, contracting, negotiating, information exchanging, record keeping and other connected activities are done electronically on computer network or internet; (15) “Electronic trading platform” means electronic platform set up either by State Government or its agencies or a person licenced under Section 54 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 or internet or any other such electronic device; (16) “Export” means dispatch of agricultural produce including livestock outside India; (17) “Farmer‐Consumer Market Yard” means market yard established under Section11 of this Act; (18) “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; (19) “Government” means the State Government; (20) “Government or Administration Agency” means State Agricultural Marketing Department or Directorate, State Agricultural Marketing Board (SAMB), Agricultural Produce and Livestock Market Committee (APLMC) established or constituted under this Act; (21) “Licence” means licence granted under the provisions of this Act; (22) “Licensee” means a person holding a licence issued under the provisions of this Act; (23) “Livestock” means cows, buffaloes, bullocks, bulls, goats and sheep, and includes poultry, fish and such other animals, and products thereof, specified in the schedule ; (24) “Local Authority” means for the purpose of representation on the Market Committee in relation to an area within the local units, any Municipal Board, Town committee, or the notified committee or Local authority for the area; (25) “Managing Director” means Managing Director of the State PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 549 Agricultural Marketing Board or any other officer, excepting the Director of Agricultural Marketing, appointed by the State Government, to exercise and/or perform such of the powers and functions of the Managing Director or Chief Executive Officer or Secretary, or by whatever name it is called, of the State Agricultural Marketing Board; (26) “Market Committee” means the Agricultural Produce and Livestock Market Committee established under the provisions of this Act or established under exciting regulation; (27) “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; (28) “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 yard under Section 12; (29) “Market Yard” in relation to delineated market area includes principal market yard, sub–market yard and market sub‐yard in such delineated market are a notified by the State Government, and managed and operated by the Agricultural Produce and Livestock Market Committee; (30) “Market Yard of National Importance” means a market yard as notified under Section 9 of this Act; (31) “National Agriculture Market (NAM)” means an integrated market, without prejudice to any law for the time being inforce, 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 ; (32) “Notified Agricultural Produce and Livestock” means agricultural produce and livestock, specified in the Schedule of this Act; (33) “Overtrading” 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; (34) “Person” includes individual, a co‐operative society, Hindu Undivided Family, a company or firm or an association or a body of individuals, whether incorporated or not; (35) “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; PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 550 (36) “Prescribed” means prescribed by Rules and/or Bye‐laws made under this Act; (37) “Private Market Yard” means a market yard established under Section 10 of this Act; (38) “Processing Unit” in relation to Market Yard means processing unit declared as market sub‐yard under Section 12 of this Act; (39) “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; (40) “Registration” means registration made under this Act for the purpose as specified; (41) “Regulation” means regulation made by the Board under Section 98 in accordance with the provisions of this Act; (42) “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; (43) “Revolving Marketing Development Fund” means a non‐lapsable Fund maintained by Director under Section 112(1) of this Act; (44) “Rules” means rules made under this Act by the State Government; (45) “Seller” means a person who sells or agrees to sell agricultural produce including livestock for consideration of price; (46) “Schedule” means the Schedule appended to this Act; (47) “Silo” means silo declared as market sub‐yard under Section 12 of this Act ; (48) “Special Commodity Market Yard” means a market yard as notified under Section 8 of this Act; (49) “State” means a State as specified in First Schedule to the Constitution of India; (50) “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; (51) “Year” means the year as may be notified by the State Government; (52) “Warehouse” in relation to Market Yard means warehouse declared as market sub‐yard under Section 12 of this Act”. PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 551 CHAPTER‐II ESTABLISHMENT OF MARKETS Notification of intention of regulating marketing of specified agricultural produce and livestock. 3. (1) The State Government may, by notification in the official gazette, declare its intention of regulating the marketing of such 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 and English on widely circulated platforms, media like newspapers, websites and such other formats: Provided that no area within the limits of a municipality shall be included for regulation under this Act except after consultation with the municipal Board or municipal council, as the case may be. (2) The notification under sub‐section (1) shall state that any objections or suggestions which may be received by the State Government within such period as shall be specified in the notification, not being less than thirty days, will be considered by the State Government. (3) State Government may hold consultations with Local bodies, and autonomous district councils, who own and operate rural 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. Declaration of whole State as one unified market area. 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 are a 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 under 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. PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 552 Notification of delineated market area. 5. Subject to the provision made in Sections 3 and 4, 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 or Amalgamation of delineated market area and of items of agricultural produce and livestock. 6. (1) Subject to the procedure specified in Sections 3 and 5, State Government may, at any time by notification, exclude from any delineated market area, any area or include therein an additional area or split one delineated market area in 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 items of agricultural produce and livestock, if any, under Section 6, 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. Principal market yard, sub‐market yard, market sub‐yard, private market yard, private market sub‐ yard, farmer‐consumer market yard, private farmer‐consumer market and electronic trading platform. 7. (1) In a State, there may be‐ (a) principal market yard(s) managed by the Market Committee; (b) sub‐market yard(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 ; (e) private market sub‐yard(s) managed by a person, holding a licence under Section 12 ; (f) farmer‐consumer market yard(s) managed by the Market Committee; (g) private farmer‐consumer market yard(s) managed by a person, holding a licence under Section 11 ; (h) electronic trading platforms. (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 PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 553 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 73, 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 and packaging and processing unit vested in the person licenced for the purpose under this Act. Establishment and notification of “Special Commodity Market Yard”. 8. (1) State Government may designate any existing market yard established under sub‐section (2) of Section 7 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 therefor e . It may be‐ (i) fruits, vegetables and flowers markets, including onion market, apple market, orange market and other such market; (ii) cotton market; (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 in the Act shall mutatis mutandis apply to the Market Committee established for “Special Commodity Market Yard”. Establishment and notification of “Market Yard of National Importance (MNI)” . 9. 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 therefore: 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” ; Provided further that out of such annual tonnage or such annual value, 30 percent may arrive from not less than two other States. PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 554 Establishment of private market yard. 10. (1) Subject to such reasonable conditions and such fee as may be prescribed, the Director or the Officer authorized by him may grant a licence to a person to establish a private market yard, for trading of notified agricultural produce and livestock. (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 State Government. (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. (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. Establishment of farmer‐consumer market yard (direct sale of agricultural produce by farmer to consumer in retail). 11. (1) Subject to such terms and conditions and fee, as may be prescribed, by 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 amount so 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. Declaring warehouse/silos/cold storage or other such structure or place as market sub‐yard. 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 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 PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 555 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 ware house, 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 Director or Board: 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. Direct marketing (wholesale direct purchase from farmers outside the market yard, sub‐ market yard, private market yard). 13. (1) Collection or aggregation centres in the proximity of the production areas may be setup by a person with infrastructure, as may be prescribed, with linkages to retail chain, or processing, export unit or premises, or any other such unit or 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 or 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 such whole sale purchases and the activities incidental thereto. (5) The direct marketing licensee shall be liable to pay one‐fourth of the applicable market fee on whole sale purchases made. The licensee shall deposit the due amount towards “Revolving Marketing Development Fund” maintained by the Director for the month by seventh day of the next month. The Fund will be utilized for the purposes and in the manner mutatis mutandis to sub‐section (5) of Section 10 of this Act. (6) Notwithstanding anything contained in the Essential Commodities Act, 1955 and Control Orders issued thereunder or any other law for the time being inforce, the provision of stock limit shall not be applicable on such direct marketing licensee purchasing the agricultural produce for processing or export PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 556 to the extent of his or its annual capacity of processing or export. However, in case any dispute arises between the provisions of this Act and Essential Commodities Act, 1955, the latter shall prevail. CHAPTER ‐III CONSTITUTION OF MARKET COMMITTEE Establishment of Market Committee and its incorporation. 14. (1) For every delineated market area, there shall be a Market Committee consisting of a Chairman and other Members. (2) Every Market Committee established under this Act shall be a body corporate by such name as the State Government may, by notification, specify. It shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are 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 Board; Provided further that the Board 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 Board 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 through put and other consideration as the Director deems fit, for the purpose of laying down the norms for staff, establishment expenditure and other expenses and allowances required therefor e . Vesting of property of Local Authority in Market Committee. 15. (1) The Market Committee may require a Local Authority to transfer to it any land or building belonging to the Local Authority which is situated within the 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 PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 557 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 Deputy Commissioner under sub‐section (5): 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 Deputy Commissioner 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 Deputy Commissioner shall take possession of the land or building and cause it to be delivered to the Market Committee. (4) The Deputy Commissioner shall fix the amount of compensation for the land or building having regard to‐ (i) the annual rent for which the building might reasonably be expected to be let from year to year; (ii) the condition of the building; (iii) the amount of compensation paid by the Local Authority for the acquisition of such land; and (iv) the cost 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 installments with interest thereon as the Deputy Commissioner may fix. PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 558 Acquisition of land for Market Committee and/or Board. 16. (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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 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 State 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 not be deemed to be included in the limits of the Municipal Corporation, District Council, as the case may be. Constitution of the first Market Committee 17. (1) The first Market Committee shall be constituted, for the first time for a delineated market area declared after commencement of this Act, all the members thereof including Chairman, shall be nominated by the State Government. The first Market Committee so constituted may consist of Members including Chairman, not less than fifteen, which may include six to ten agriculturist members, as may be prescribed. Other five Members may be:‐ (i) four Members, one each from departments of agriculture or horticulture, cooperation, animal husbandry and veterinary and agricultural marketing of State Government; (ii) one from cooperative marketing society; and (iii) one from Local Authority of a place where the Market Committee is located. Provided that the Chairman shall be so nominated from amongst the agriculturist members. (2) State Government or the Director shall, by an order, appoint a person to be the Officer‐in‐charge of the first Market Committee for a period not exceeding one year: 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 PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 559 in such office and such vacancy shall be filled, as soon as may be, by appointment of a person thereto by the State Government and until such appointment is made, a person 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. (3) The members including the Chairman of the first Market Committee constituted under sub‐section (1) shall hold office for a period not exceeding one or two year, from the day of notification of constitution of the committee: Provided that if new Market Commi ttee is constituted before the expiry of period aforesaid, Members including the Chairman shall cease to function on the date appointed for the first general meeting of the newly constituted 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 Chairman. 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. Constitution of the second and subsequent Market Committee. 18. (1) Save as provided in Section 17, a Market Committee constituted for a term of five years from the date of notification of it constitution, shall consist of– (a) a Chairman elected under Section 23; (b) six to ten representatives of agriculturists possessing such qualifications, as may be prescribed, under the rules made thereunder: Provided that no agriculturist may be qualified to be elected or nominated as representative of agriculturists of the second Market Committee unless he has sold his agricultural produce and livestock at least once in preceding one year, or five times in five years for subsequent Market Committee, in the principal market yard or sub‐ market yard falling in the delineated market area. (c) Two representative of traders resident of a delineated market area, possessing such qualifications, as may be prescribed, elected or nominated from amongst the licenced traders resident of such delineated market area: Provided that no trader shall be a representative of more than one Market Committee at a time; PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 560 Provided that no trader shall be a representative of more than one Market Committee at a time. (d) One representative of licenced commission agent, possessing such qualifications, as may be prescribed, nominated from amongst the licence holder commission agents, granted by the Market Committee: Provided that no commission agent shall be a voter of more than one Market Committee at a time; Provided further that he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force. (e) One representative of the weighmen, hammals and other market functionaries, possessing such qualifications, as may be prescribed, elected from amongst the licence holder weighmen, hammals and other market functionaries, granted by Market Committee: Provided that no weighmen, hammals and other market functionaries shall be a voter of more than one Market Committee at a time; Provided further that he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force. (2) Every Market Committee will have following other committee Members ‐ (a) One representative of the co‐operative marketing society functioning in the delineated market area who shall be elected by the managing committee of such society: Provided that if more than one such society functions in the delineated market area, such Member shall be nominated by all the Members of the managing committees of such societies; Provided further that nothing in this clause shall apply if the managing committee of any society stands superseded under the provisions of the State Co‐ operative Societies Act. (b) An officer of the agriculture or horticulture, department of the State Government to be nominated by the State Government, Directorate of Agriculture or Horticulture; (c) One representative of the District Council from the place where the Market committee is located. PART-IV] THE GAZETTE OF MEGHALAYA, (EXTRAORDINARY) JUNE 1, 2020 561 (3) Only Members under sub‐section (1) shall have a right to vote. (4) State Government may make Rules for the preparation of voters’ list and conduct of election. (5) Every election and nomination of the Member shall be notified by the State Govt. in the official gazette. (6) No person may be Member of the Market Committee more than two terms. Division of delineated market area for constituencies and reservation of seat. 19. (1) The Deputy Commissioner 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 for agriculturist Members to a Market Committee, reservation of seats for scheduled castes, scheduled tribes, other backward classes and women will be as per the Government policy, as may be prescribed. Qualification to vote and be the representative of agriculturist. 20. (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 eighteen years; and (c) whose name is included in the voter’s list prepared under the provisions of this Act and the Rules made there under, shall be qualified to vote at the election of a representative of agriculturists: Provided that no
Excerpt shown. Open the full act in Lexace.