LexThe Nagaland Agriculture Produce Marketing (Regulation) Act,1988
Nagaland · state statute
Open in Lexace · Ask the AI about this actTHE NAGALAND AGRICULTURAL
PRODUCE MARKETING (REGULATION)
ACT, 1985.
(THE NAGALAND ACT NO 1 OF 1989)
Received the assent of the President of India on 16-3-89 and published in the Nagaland Gazette extraordinary
dated 18th March ‘89.
An
Act
to provide for the better regulation of marketing of agricultural produce and establishment and proper ad-
ministration of markets for agricultural produce and matters connected therewith in the State of Nagaland.
Whereas sanction of the President of India under the proviso to clause (b) of Article 304 of the Constitution of
India has been obtained.
It is hereby enacted by the Legislature of the State of Nagaland in the thirty seventh year of the Republic of India
as follows
CHAPTER-1
PRELIMINARY
Short Title, Extent and commencement
1. (1) This Act may be called the Nagaland Agricultural Produce Marketing (Regulation) Act, 1985.
(2) It extends to the whole of the State of Nagaland.
(3) It shall come into force on such date as the State Government may, by notification, appoint and
different date may be appointed for different areas.
Definition
2. In this Act, unless the context otherwise requires:
(1) “Marketing” means buying and selling of agricultural produce and includes grading, processing,
storage, transport, channels of distribution, and any other function associated with the buying and selling.
(2) “Agricultural produce” means all produce and commodities, whether processed or unprocessed
of agricultural, horticulture, sericulture, forest produce, hides and animal skins, bristle, animal husbandry,
viticulture, apiculture, piscieulture or as specified in the schedule or declared by the Government by notification
and also includes admixture of two or more of such produce.
(3) “Agriculturist” means a person who ordinarily by his own labour or by the labour of any member of his
family or who by the labour of his tenants or by servants or hired labour or otherwise is engaged in the
production or growth of agricultural produce, but does not include trader, commission agent, processor or broker
or a partner in the trading firm or Industrial concern in or in relation to Agricultural Produce.
If a question arises whether any person is an agriculturist or not for the purpose of this Act, the decision of the
Deputy Commissioner of the District in which such person is engaged in the production or growth of
agricultural produce shall be final.
(4) “Market Functionary” means a dealer, a broker, a commission agent, buyer, porter, processor, a
stockist, a trader and such other person as may be declared under rules or by-laws to be market functionary.
(5) “Broker” means an agent who, in consideration of a commission merely negotiates and brings about
a contract for his principal, but does not receive, deliver, transport, pay for the purchase of or collect the
payment for the sale of the notified agricultural produce.
(6) “Buyer” (purchaser) means a person, a firm, a Company or Co-operative society or of Government
Agency, public Undertaking/Public Agency or Corporation, Commission Agent, who himself or on behalf of any
person or agent buys or agrees to buy agricultural produce in the market areas as notified under this Act.
(7) “Commission Agent” means a person who, in the ordinary course of business, makes or offers to
make purchase or sale of agricultural produce, on behalf of the seller or purchaser of agricultural produce within
or cut side the market area or keeps it in his custody and controls it during the process of its sate or purchase
and collects payment thereof for a commission or Arhat.
(8) “Seller” means a person who soils or agrees to sell any agricultural produce and includes a person
who sells on behalf of any other person as his agent or servant or commission agent.
(9) “Trader” means any person who in his normal course carries on the business of buying or selling,
storing or processing of any notified agricultural produce as a principal or as a duly authorized agent.
(l0) “Porter” means a laborer, hamal or coollie or engaged for Dara-making loading, unloading, filling,
stitching, emptying or carrying any agricultural produce in the notified marker area.
(11) “Director” means a person appointed by the State Government by notification, as Director or
agricultural Marketing and includes any officer or officers empowered by the State Government hr
notification, to exercise or perform such of the powers for functions of the Director under the
purchase of this Act or the Rules or the Bye-laws made thereunder as may be specified in such
notification.
(12) “License” means a license granted under this Act.
(13) “License” means a person or association, firm, company, Public Sector Undertaking or Society
holding a license issued under this Act.
(14) “Local Authority” means for the purpose of representation on the market committee in relation to
an area within the local limits of (i) In any Municipal area, Town Committee or the notified
Committee or local Authority for the area (ii) In any rural area, the Village Council, or Area Council
or any other named constituted under Nagaland Village & Area Council Act, 1978.
(15) “Market Area” means area notified under Section 4 of this Act.
(16) “Market Proper” means any area including all lands with the buildings and structures. thereon
within such distance of the principal or sub-market Yard as the State Government may, by a
notification, declare it to the Market Proper.
(17) “Principal Market Yard” in relation to a Market area means a specified place and includes any
enclosures, buildings or locality declared as such in any market area by the State Government or
the Director by notification.
(18) “Sub-Market Yard” in relation to a Market area means a specified place and includes any
enclosures, building or locality declared as such in any market area by the State Government by
notification.
(19) “Notified Agricultural Produce” means any agricultural produce notified under Section 4 of this
Act.
(20) “Processing” means prescribed by Rules made under this Act.
(21) “Prescribed” means any one or more of a series of treatments relating to powdering, crushing,
decorticating, husking, parboiling, polishing, grinding, pressing, curing or any other manual
mechanical, chemical or physical treatment to which raw agricultural product is subjected to.
(22) “Processing” means a person who processes any notified agricultural produce on his own accord
or on payment of a charge.
(23) “Regulation” means regulation made by the Board or Market Committee in accordance with the
provisions of this Act.
(24) “Board” means the State Agricultural Marketing Board established under Section 51 of this Act.
(25) “Market Committees” means the Agricultural Produce Market Committee established under this
Act.
(26) “Secretary” means the Secretary of Market Committee and includes any other officer who is the
Chief Executive Officer of the Market Committee.
(27) “Rules” means rules made under this Act.
(28) “Bye-laws” means bye-laws made under rules framed under this Act.
(29) “Trade allowances” means anything realised in cash or in kind by the purchaser from seller in
any transaction relating to agricultural produce, either by deduction from the price agreed upon
or otherwise.
(30) “Retail Sale” in relation to a notified agricultural produce means a sale not exceeding such
quantity as the market committee may, by bye-laws, determine to be retail sale in respect
thereof.
(31) “Deputy Commissioner” means the Deputy Commissioner of the district and includes an
Additional Deputy Commissioner.
(32) “Market Charges” include charges on account or in respect of commission; brokerage, weighing
measuring, hamali (loading, unloading and carrying, cleaning, seivng, stitching, stacking, hiring,
gunny-hags, stamping, bagging, storing, warehousing, grading, surveying, transporting and
processing.
CHAPTER-II
ESTABLISHMENT OF MARKETS
Notification of intention of regulating marketing of notified agricultural produce in specific area.
3. (1) The State Government may, by notification, and. in such other manner as may be prescribed,
declare its intention of regulating the marketing of such agricultural produce and 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 State Government within a period of not less than forty five days to he specified
in the notification, shall he considered by the State Government.
Declaration of market area and regulation of marketing of specified agricultural produce therein.
4. After expiry of the period specified in the notification issued under Section 3 and after considering such
objections and suggestions as may be received before such expiry and making such enquiry, if any as
may he necessary, the State Government may by another notification issue, declare the area specified in
the notification issued, under Section 3 or portion thereof to he a market area for the purpose of this Act
and that marketing of all or any of the kinds of agricultural produce specified in the notification issued
under Section 3 shall be regulated under this Act in such market area.
Alteration of market area and items of regulated agricultural produce.
5. (1) Subject to the provision specified in Sections 3 and 4, the State Government may, at any time by
notification, exclude from any market area or include therein an additional area or may declare
that the regulation of the marketing of any agricultural produce in any market area shall cease o
that marketing of any agricultural produce (hither to not regulated) shall he regulated in such
market area:
Provided that no notification shall he issued under this section without giving in the gazette previous notice not
less than 45 days as the State Government may consider reasonable of its intention to issue such notification.
(2) Where a notification is issued under sub-section (1) excluding area from any market area and such
excluded area is not declared to be a separate market area or a notification is issued under sub-
section (1), including any area within the market area, the Market Committee constituted for such
market area before the date of exclusion or inclusion shall, notwithstanding anything con-tamed
in this Act, continue to be the market committee for the said market area until reconstitution of
such Market Committee under this Act..
(3) When any area ceases to be market under subsection (1) the market committee constituted thereof
shall cease to exist, and the property and rights vested in any such Market Committee shall
subject to all charges and liabilities effecting the same, vest in the State Government.
(4) Where any such area is included in two or more other market area the State Government shall, by
order direct that such property rights, charges and liabilities shall vest in the Market Committees
of such area in such manner and in such proportions as may be specified in such order.
Amalgamation/Division of Market Committee
6. Where the State Government is satisfied that for securing efficient regulation of marketing of any
agricultural produce in any market area, it is necessary that two or more Market Committees therein
should be amalgamated, then the State Government may after consulting the Market Committees
concerned provided for the amalgamation of such Market Committees into a single Market Committee
for the market area in respect of the agricultural produce specified in the notification, with such
constitution, property, rights, interest and authorities and such liabilities, duties and obligations including
provisions in respect of contracts, assets, employees, proceedings, and such incidental, consequential
and supplementary matters may be necessary to give effect to such amalgamation as may be specified
in the notification.
Division of Market area into two or more separate market areas
7. (1) Subject to the procedure specified in Section 3 and 4 the State Government may divide a market
area into two or more separate market areas.
(2) When during the term of a Market Committee, the market area for which it is established is divided
into two more separate areas, the following consequences shall ensure
(a) the Market Committee constituted for the market area under this Act shall be deemed to
have been dissolved and the State Government shall constitute separate Market Com-
mittee under Section 13 for each of the separate market area subject to such condition
as may be prescribed :
(b) the term of office of the newly constituted Committee shall he the same as is applicable to
the first Market Committee under sub-section (1) of Section 13;
(c) the assets, rights and liabilities of the dissolved Market Committee shall be distributed by the
State Government between the new market committee in accordance with such rule as
may be prescribed;
(d) any appointment notification, notice, fee, order, scheme, licence, permission, by-law or form
made, issued or imposed by the Market Committee which has been dissolved, in
respect of any part of the area subject to the authority of the new Market Committee
shall be deemed to have been made, issued or imposed by such Market Committee
concerned unless and until it is superseded by any notification, notice, fee, order,
scheme, licence, permission, rule, bye-law or form made, issued or imposed by it.
(3) If any difficulties arise in giving effect to the provisions of this Section, toe State Government may by
order published in the official gazette as the occasion may require, do anything which appear to it
to be necessary to remove the difficulty.
Market/Market yards/Sub-Market yards and Market proper
8. (1) For every notified market area, there shall be one principal market yard and one or more sub-market
yards corresponding to market proper, as may be necessary.
(2) The State Government shall, as soon as may he, after the issue of notification under Section 4, by
notification:
(a) declare any specified place including any structure, enclosure, open place or locality, in the
market area whether vested in the Market Committee of the market area or not, to the a
market yard or sub-market yard for such notified agricultural produce as may be specified in
such notification, and
(b) declare, in relation to such market yard or sub market yard any specified area in the market to
be a market proper.
Control of Marketing of notified agricultural Produce
9. On the establishment of a market under Section 4
(a) No local authority shall, notwithstanding anything contained in any law for the time being in
force, set up, establish or continue or allow to be set up, established, continued or used any
place in the market area market proper for the marketing of any notified agricultural produce
except in accordance with the provision of this Act provided that a local authority may
establish or continue any place for retail sale of any notified agricultural produce subject to
the condition that no market functionary shall operate in such place except in accordance
with the provisions of this Act, and the rules and the bye-laws and standing orders of the
Market Committee;
(b) no person shall except in accordance with the provisions of this Act and the rules and bye-laws
made thereunder;
(i) use any place in the market area for the marketing of the notified agricultural produce; or
(ii) operate in the market area as Market functionary in relation to the marketing of the notified
agricultural produce;
Provided that nothing herein shall apply to:
(a) the sale or purchase of such agricultural produce:
(i) the producer whereof is himself its seller and such sale is made to a person who purchases
it for his own private consumption;
(ii) the person who purchases such produce within the market yard or sub-market yard, as the
case maybe, from a trader for retail sale:
(b) Agricultural produce which is purchased by an authorized fair price shop dealer from the Food
Corporation of India, or any other agency or institution authorized by the State Government
for distribution through the public distribution system:
(c) The transfer of such agricultural produce to a Co-operative Society, warehouse or a Bank for the
purpose of securing an advance therefrom:
CHAPTER-III
CONSTITUTION OF MARKET COMMITTEES
Establishment of Market Committee and its incorporation
10. (1) For every market area, there shall be a Market Committee having jurisdiction over the entire market
area :
(2) Every Market Committee shall be a body corporate by such names 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 be subject to such restrictions as are imposed by or under
this Act, be competent to conduct and to acquire, hold lease, sell or otherwise transfer any
property and to do all other things necessary for the purpose for which it is established :
Provided that no immovable property shall be acquired or transferred by way of sale, lease or otherwise without
the prior permission of the State Government
(3) Notwithstanding anything contained in any enactment for time being in force, every market com-
mittee shall for all purposes be deemed to be a local authority.
Vesting of property of local authority in Market Committee
11. (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 market yard and which immediately before
establishment of the market was being used by the local authority for the purposes of the market
and the local authority shall within one month of the receipt of the requisition transfer the land or
building, as the case may be, to the Market Committee on such terms as may be agreed upon
between them.
(2) Where within a period of thirty days from the date 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 he determined by the Deputy Commissioner under subsection (5) :
Provided that no compensation shall be payable to a local authority in respect of any land or building which had
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 for vesting :
Provided further that any party aggrieved by the order of Deputy Commissioner may, within thirty days from the
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 deliver to the Market Committee.
(4) The order of the State Government and subject to that order, the order of the Deputy Commissioner
under sub-section (2) shall be final and binding on both the parties.
(5) The Deputy Commissioner shall fix the amount of compensation for the land or building having
regard to :
(i) The annual rent for which the building might reasonably be expected to be let from year to year;
(ii) The condition of the building;
(iii) The amount of compensation paid by the local authority for the acquisition of such land; and
(iv) The cost of the present value of any building erected or other work executed on the land by the
local authority.
(v) the compensation fixed under sub-section (5) may, at the option of the Market Committee, be paid
in lump sum or in such number of equal installments not exceeding ten as the Deputy
Commissioner may fix. Where the compensation is paid in installments, it shall carry interest
at the rate of six percent per annum which shall be payable along with the installments.
Acquisition of land for Market Committee
12. (1) When any land within the 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 Market Committee, as the case may be proceed to acquire such and under the
provisions of the Land Acquisitions Act of Nagaland and on the payment of the compensation
awarded under that Act by the Board or the Market Committee and 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 in 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 and vest in 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.
Appointment of Officer Incharge pending Constitution of first Market
13. (1) When a Market Committee is established for the first time under this Ac, the State Government shall
by an order appoint;
(a) a person to be the officer-in-charge, for a period not exceeding two years, or
(b) a Committee consisting of not more than eleven members to be the Committee-in-charge. The
Market Committee may be appointed form among persons representing the same interest an din
the same proportion as specified in Section (14) of the Act, for a period no the Committee in charge
shall subject to the control of the Director, exercise all the powers and perform all the duties of the
Market Committee under this Act.
Provided that the State Government may at any time during the period aforesaid appoint Committee-in-
charge in place of officer-in-charge and officer-in-charge in place of committee-in-charge, as the case
may be, person so appointed shall hold office or shall function for the remainder of the period available
to its predecessor :
Provided further that in the event of death, resignation, leave or suspension of the officer-in-charge, a
casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as
soon as may be by appointment of a person thereto by the State Government until such appointment is
made, a person nominated by the Deputy Commissioner shall act as officer-in-charge, Provided that if
the Market Committee is constituted before the expiry of the period aforesaid, the officer-in-charge shall
cease to hold office or the Committee in –charge shall cease to function on the date appointment for the
first general meeting of the newly constituted Market Committee :
(2) In the event of a vacancy occurring on account of death, resignation or otherwise of the members of
the Market Committee-in-charge, the vacancy shall be filed in by fresh appointment by the State
Government.
(3) Any officer-in charge or any or all persons appointed on the Committee-in-charge under clause (a) of
sub-section (1) may at anytime be removed by the Director who shall have power to appoint
another person or persons as the case may he, in his or their place or places.
(4) Every person appointed officer-in-charge under sub-section (1) shall receive from the Market
Committee fund for his service such pay and allowance as may be fixed by the Director and every
member of the Committee-in-charge shall be entitled to receive from the Market Committee fund
allowances as are payable to members of the Market Committee.
Constitution of the Market Committee
14. (1) Save as provided in section 13, every Market Committee shall consist of the following members,
namely :
(i) Six members of which one belonging to Scheduled Caste/Scheduled Tribe community shall be
agriculturalist possessing such qualification as may be prescribed to be elected by the village
members of the notified market area in the manner prescribed :
Provided that the agriculturist may include owner of the cattle whenever the Market Committee is constituted for
cattle market.
(ii) Two members shall be Licensed traders elected amongst themselves in the manner prescribed:
Provided that the minority trader are adequately represented whenever the market deals with more than one of
commodities i.e. fruits and vegetables, grains etc.
(iii) One member shall be representative of the cooperative marketing Society/Societies nominated by
the Registrar of Co-operative Society;
Provided that such representative shall be the Chairman or Vice-Chairman or Honorary Secretary of the Co-
operative Marketing Society.
(iv) Two members shall be Government nominees out of which one member shall be representative of
the State Department of Agricultural Marketing and one member shall he the representative of
the State Agricultural or Cooperative Department.
(2) A member elected under clauses (i) (ii) and (iii) of sub- section (1) shall cease to hold office as such
member if he ceases to be a member of the electorate by which he was elected:
(3) The State Government may make rules to provide for the election of the members of the Market
Committee the authority which shall conduct election, determination of constituencies, the
preparation and maintenance of the list of voters, disqualification for being chosen as and for
being a member, the right to vote, the payment of deposit and its future election offences, the
determination of election disputes and all matters ancillary thereto.
(4) On the failure of the electorate mentioned in the clause (i) and (ii) of sub-section (1) to elect a
member referred to in the clause after the election proceeding have been started in accordance
with the Provisions of this Act, and the rules made thereunder the State Government shall
nominate on behalf of one electorate concerned a person or persons qualified to be a member or
members of the Market Committee.
(5) Members of every Market Committee shall hold office for a period of three/ five years form the date
of the first general meeting of the Market Committee.
(6) If within the period mentioned, in sub-section (5), the Market Committee is not newly constituted,
the Market Committee shall, on the expiry of such period, be deemed to have been dissolved.
(7) An elected member of the Market Committee may resign his office at any time by a letter in writing
addressed to the Director/Board to that effect and his office shall become vacant on expiry of fifteen
clear days from the date of such resignation unless within the said period of fifteen days he
withdraws the resignation by another letter in writing addressed to the Director/Board.
(8) In the event of death, resignation or removal of a member before the expiry of his term of office a
casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as
soon as may by election or nomination, as the case may be, of a person thereto as member who
shall take office forthwith and shall hold such office for the unexpired term of his predecessor
provided that no casual vacancy shall be filled which occurs within a period of four months
preceding the date on which his term expires.
(9) The chairman and other member of the Market Committee shall be paid from the Market Committee
such honorarium, sitting fees, traveling allowances and other allowances as may be fixed by the
Director from time to time.
Chairman and Vice-Chairman of Market Committee.
15. (1) Every Market Committee shall have a Chairman and Vice Chairman. The Chairman shall be elected
by the elected members of the Market Committee from amongst those who are representatives of
agriculturists. The Vice-Chairman shall be elected by the elected members of the Market
Committee from amongst themselves;
(2) After every general election, the Market Committee shall elect the Chairman and Vice-Chairman at its
first general meeting which shall be convened by the Director within one month of the general
election. The Chairman and Vice-chairman so elected shall hold office for the full term from the
date on which they enter upon their respective offices.
(3) The Chairman and Vice-Chairman shall notwithstanding the expiry of their term of office, continue to
hold office until their successors enter upon their office.
(4) The meeting convened for the election of the Chairman and Vice Chairman shall he presided over by
the Director or any officer authorized by him in this behalf. The Director or such officer, when
presiding over a meeting, have the same power as the Chairman when presiding over a meeting of
the Market Committee hut snail not have the right to vote.
(5) If in the election of Chairman and 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 officer presiding in such manner
as tie may determine.
(6) In the event of dispute, arising as to the validity of the election of a Chairman or Vice-chairman the
Deputy Commissioner, if he is the presiding officer, shall decide the dispute himself and in any
other case officer presiding shall refer the dispute to the Deputy Commissioner for decision. The
decision of the Deputy Commissioner shall subject to an appeal to the Commissioner be final and
no suit or other proceeding shall lie in any court of law in respect of such decision.
(7) (i) Where the Director is satisfied that books and record of a market Committee are likely to he
suppressed, tempered with or destroyed or the funds and property of Market Committee are
likely to be misappropriated or misapplied the Deputy Commissioner or the person authorized
by him may apply to the executive Magistrate within whose jurisdiction the Market Committee
is functioning for seizing and taking possession of the record and property of the Market
Committee.
(ii) On receipt of the application under sub-section (i) the Magistrate may authorize any police officer
not below the rank of Sub-Inspector to enter and search any place where the records and
property are kept or are likely to he kept and to seize them and hand over possession thereof
to the Deputy Commissioner or the person authorized by him, as the case may be.
Resignation by Chairman and Vice Chairman and vacancy in their office
16. (1) A member holding office of Chairman or Vice-Chairman may resign his office at any time in writing
addressed to the Deputy Commissioner and the office shall become vacant on the expiry of fifteen
clear days from the date of such resignation, unless within the said period of fifteen days he
withdraws the resignation in writing addressed to the Deputy Commissioner.
(2) Every Chairman and Vice-Chairman shall vacate office if he ceases to be member of the Market
Committee.
(3) During the vacancy caused by death, resignation, removal or otherwise and the office of the Vice
chairman is also vacant then, notwithstanding anything contained in this Act, such member of the
Market Committee as the Deputy Commissioner may appoint shall exercise the powers and
perform the functions of the Chairman till the Chairman is duly elected.
No Confidence Motion against Chairman or Vice Chairman
17. (1) A motion of no confidence may be moved against the Chairman or the Vice Chairman at a meeting
especially convened for the purpose under sub-section (2) and if the motion is carried by a majority
of nor less than two-thirds of the members present and voting and if such majority is more than one
half of the total number of members constituting the market committee for the time being, the
Chairman or the Vice-Chairman, as the case may be, against whom such motion is passed shall
cease to hold his office with effect from the date immediately next after the date of which motion is
passed.
(2) For the purpose of sub-section (1) a meeting of the Market Committee shall be held in the
prescribed manner within thirty days of the dare of receipt of the notice of motion or no confidence.
(3) The Chairman or Vice-Chairman shall not preside over the meeting but such meeting shall be
presided over by an officer of the Government as the Director may appoint for the purpose.
However, the Chairman or the Vice Chairman, as the case may be, shall have a right to speak and
otherwise to take part in the proceedings of the meeting.
(4) If the motion of no confidence is not carried as aforesaid or if the meeting could not be held for want
of quorum, notice of any subsequent motion expressing want of confidence in the same Chairman
or Vice Chairman shall be made until after
the expiry of six months from the date of such meeting.
CHAPTER-IV
CONDUCT OF BUSINESS AND POWERS AND
DUTIES OF MARKET COMMITTEE
Meeting etc. of the Market Committee
18. (1) Subject to the provisions of this Act, the Market Committee shall conduct the business in accord-
ance with the rules made for the purpose.
(2) A Market Committee shall meet for the transaction of its business at least once in every
quarter, provided that the Market Committee may in special circumstances meet at any time and
at any place in the market area as may be prescribed.
Powers and duties of Market Committee
19. (1) Subject to the provisions of this Act. it shall he the duty of the Market Committee:
(i) to implement the provisions of this Act, the rules and bye- laws made thereunder in the market
area;
(ii) provide such facilities for marketing of agricultural produce therein as the Director or the State
Government may from time to time direct;
(iii) to do such other acts as may be required in relation to the superintendence, direction and
control of Market 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 purposes may
exercise such powers and discharge such functions as may be provided by or under this Act.
(2) Without prejudice to the generality of the foregoing provisions:
(a) a Market Committee may:
(i) maintain and manage the market yard and sub-market yard within the market area;
(ii) provide the necessary facilities for the marketing of agricultural produce within the market
yards and outside the market yards and within the sub-market yards and outside the
Sub-market yards in the market area.
(iii) grant or refuse licences to market functionaries and renew, suspend, or cancel such
licences, supervise that conduct of the market functionaries and enforce condition of
licences;
(iv) regulate or supervise the auction of notified agricultural produce in accordance with the
provision laid down under the rules made under this Act or bye-laws of the marketing
Committee;
(v) conduct or supervise the auction of notified agricultural produce in accordance with the
procedure laid down under the rules made under this Act or bye-laws of the Market
Committee;
(vi) regulate the making, carrying out and enforcement or cancellation of agreements sales,
weighment, delivery, payment and all other matters relating to the marketing of notified
agricultural produce in the manner prescribed;
(vii) organise grading of notified agricultural produce;
(viii) provide for the settlement of all disputes between the seller and the buyer arising out of any
kind of transaction connected with the marketing of notified agricultural produce and all
matters ancillary thereto in the manner prescribed;
(ix) arrange for collection of such agricultural produce in the market area in which all trade therein
is to be carried on exclusively by the State Government by or under any law in force for
that purpose or of such agricultural produce in the market area, as the State Government
may form time to time, notify;
(x) collect, maintain and disseminate information in respect of production, sale, storage,
processing, prices and movement of notified agricultural produce;
(xi) take all possible steps to prevent adulteration of goods and promote grading and
standardization of the notified agricultural produce;
(xii) take measures for the prevention of purchases and sales below the minimum support price as
fixed by the Government from time to time;
(xiii) levy, take, recover and receive rates, charges, fees and other sums of money which the
Marker Committee is entitled:
(xiv) employ the necessary number of officers and servants for the efficient implementation of the
provisions of this Act, the rules and the bye-laws as prescribed;
(xv) regulate the entry of persons and vehicles, traffic into the market yard and sub-market yards
vesting in the Market Committee;
(xvi) prosecute persons for violating the provisions of this Act, the rules and the bye-laws and
compound such offences;
(xvii) acquire, hold and dispose of any movable or immovable property for the purpose of
efficiently carrying out its duties;
(xviii) impose penalties on persons who contravene the provisions of this Act, the rules of the bye-
laws or the orders or directions issued under this Act, the rules or the bye-laws by Market
Committee, its Chairman or by any officer duly authorised in this behalf:
(xix) institute or defend any suit, prosecution action, proceeding, application or arbitration and
compromise such suit, action, proceeding, application or arbitration;
(xx) provide facilities such as provision of space for direct sales by a producer and assist a
producer by preparing invoices an bills in his behalf when he sells his produce to a trade
without employing commission agent;
(xxi) pay, pension, leave, allowances, gratuities. compassionate allowance and contributions
towards leave allowance, pensions or provident fund of the officers and servant
employed by the Market Committee in the manner prescribed;
(xxii) administer Market Committee fund referred to in Section 44 and maintain the account thereof
in the prescribed manner:
(xxiii) keep a set of standard weights and measures in each principal market yard and sub-market
yard against which weighment and measurement may he checked;
(xxiv) inspect and verify scales, weights and measures in use in market area and also the books of
accounts and other documents maintained by the market functionaries in such manner
as may be prescribed;
(xxv) arrange to obtain fitness (health) certificate from veterinary doctor in respect of animal, cattle,
birds etc. which are bought or sold in the, market yard/market area.
(xxvi) carry out publicity about the benefits of regulation, the system of transaction, facilities
provided in market yard etc. through such means as posters, pamphlets, hoardings,
cinema slides, film shows, group meetings etc. or through any other means considered
more effective or necessary;
(xxvii) ensure payment in respect of transactions which take place in the market area to be
made on the same day to the seller, and in default to seize the agricultural produce in
question alongwith other property of the person concerned;
(xxviii) make arrangement for weighmen and hammals for weighing and transporting of goods in
respect of transactions held on the market yard/sub-market yard;
(xxix) recover the charges in respect of weighmen and hammals and distribute the same to
weighmen and hammals if not paid by the purchaser/seller as the case may be;
(xxx) with the prior sanction of the State Government or the Director undertake the construc-
tions of roads in the market area to facilitate movement of agricultural produce to the
market for benefit of producer, sellers and traders operating in the market area.
Appointment of sub-committee and delegation of power
20. The Market Committee may appoint one or more Sub-Committees consisting of one or more of its
members for reporting or giving opinion on any matter relevant to the Market Committee or it may,
subject to such restriction and conditions as may he specified in the bye-laws, delegate to any such
sub-Committee such of its powers or duties as it may think fit.
Power to levy market fees
21. (1) The Market Committee shall levy and collect market fees in respect of agricultural produce brought in
and bought or sold in the market area in a manner and at rates as prescribed in the rules provided
that the fees so levied shall not be less than one rupee per one hundred rupees of the price of the
agricultural produce.
(2) For purposes of sub-section (1) all notified agricultural produce leaving market yard shall, unless
the contrary is provided be presumed to have been brought within such market yard by the person
in possession of such produce.
Power to order production of accounts and powers of entry, inspection and seizure
22. (1) Any officer or servant of the Market Committee/Marketing Board empowered in this behalf, may, for
the purposes of this Act, require any person carrying on business in any kind of notified agricultural
produce to produce before him the accounts and other documents and furnish any information
relating to the stocks of such agricultural produce or purchases, sales and deliveries of such
agricultural produce by such person and also any other information relating to payment of the
market fees and payment to the seller by such person.
(2) All accounts and registers maintained by any person in the ordinary course of business in any
notified agricultural produce and documents relating to the stock of such agricultural produce in his
possession and the office, establishments, godowns, vessels or vehicles of such person shall be
open to inspection at all reasonable times by such officers and servants of the Market Committee
as may be authorised in this behalf.
(3) If any such officer or servant has reason to suspect that any person is attempting to evade the
payment of any market fee or any other charges due from him under thisExcerpt shown. Open the full act in Lexace.