The Krishi Utpadan Mandi Adhiniyam, 1964
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act2 THE UTTAR PRADESH KRISHI UTPADAN MANDI ADHINIYAM, 19641 [ U. P. ACT No. XXV of 1964 ] Amended by U. P. Act No. 10 of 1970 Presidentβs Act no. 13 of 1973 (as enacted with modifications by U. P. Act no. 30, 1974) U. P. Act No. 13 of 1973 U. P. Act No. 30 of 1974 U. P. Act No. 06 of 1977 U. P. Act No. 07 of 1978 U. P. Act No. 19 of 1979 U. P. Act No. 20 of 1984 U. P. Act No. 12 of 1985 U. P. Act No. 12 of 1987 U. P. Act No. 10 of 1991 U. P. Act No. 24 of 1994 U. P. Act No. 04 of 1999 U. P. Act No. 01 of 2000 U. P. Act No. 18 of 2001 U. P. Act No. 07 of 2002 U. P. Act No. 13 of 2004 U. P. Act No. 17 of 2005 U. P. Act No. 02 of 2006 U. P. Act No. 34 of 2006 U. P. Act No. 40 of 2007 U. P. Act No. 27 of 2013 U. P. Act No. 04 of 2015 U. P. Act No. 11 of 2015 U. P. Act No. 03 of 2016 U. P. Act No. 24 of 2018 U.P. Act No. 07 of 2020 U.P. Act No. 18 of 2020 U.P. Act No. 07 of 2023 ββββββββββββββββββββββββββββββββββββββββββ 1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated December 10, 1963. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 4 [ Passed in Hindi by the Uttar Pradesh Legislative Assembly on August 7, 1964 and by the Uttar Pradesh Legislati ve Council on September 8, 1964. Received the assent of the President on October 28, 1964, under Article 201 of the Constitution of India and was published in the Uttar Pradesh Gazette , Extraordinary dated November 10, 1964. ] AN ACT to provide for the r egulation of sale and purchase of agricultural produce and for the establishment, superintendence and control of markets therefor in Uttar Pradesh. It is hereby enacted in the Fifteenth Year of the republic of India as follows :β CHAPTER β I Preliminary Short title and extent 1. (1) This Act may be called the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. (2) It extends to the whole of the Uttar Pradesh. Definitions 2. In this Act, unless there is anything repugnant in the subject or context :β 1 [(a) βagricultural produceβ means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the Schedule, and includes admixture of two or more of such items, an d also includes any such item in processed form, and further includes gur, rab, shakkar, khandsari and jiggery ; ] [ 2(a-1) βBoardβ means the State Agricultural Produce Markets Board constituted under section 26-A ; ] 3 (b) βB rokerβ or βDalalβ means a person who, in the ordinary course of business, negotiates or arranges contracts for the purchase or sale of agricultural produce, on behalf of his, principal on payment of commission or remuneration, whether in cash or kind, but does not include the serva nt of such principal whether engaged in negotiating or arranging such contracts ; (c) βbye -lawsβ means by -laws made in accordance with the provisions of section 39 ; ββββββββββββββββββββββββββββββββββββββββββ 1. Sub. and be deemed always to have been subs. by Section 2 of U. P. Act no. 10, 1970. 2. Renumbered by item 2 (b) of the Schedule of U. P. Act no. 30 of 1974. 3. Ins. by section 2 (i) of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 6 Act no. LVIII of 1962 (d) βCentral Warehousing Corporationβ means the Central Warehousing Corporation established or deemed to be established under the warehousing Corporations Act, 1962 ; [ (d-1)1 [Collector], in relation to a Committee for a Market area means the Collector of the District where the Principal Market Yard of that Market Area is situated, and includes such other officer as may be authorized by him in that behalf ; ] 2[(d-2) βCold Storageβ in relation to market yard means cold storage declared as market sub-yard under section 7-A of this Act ; ] (e) βcommission agentβ or βAarhatiyaβ means a person who, in the ordinary course of busine ss, makes or offers to make, a purchase or sale of agricultural produce, on behalf of the owner or seller or purchaser of agricultural produce, for Arhat or commission ; (f) βCommitteeβ means a Committee constituted under this Act ; Act II of 1912 (g) βCo-operative Marketing Societyβ means a co -operative society of producers 3[registered or deemed to be registered under the Uttar Pradesh Co-operative Societies Act, 1965] which has, as its principal object , the promotion of sale or purchase of agricultural produce ; [ (h) βDirectorβ means an officer appointed by the State Government as Director of Mandis and includes any other officer authorized by the Director to perform all or any of his functions under this Act ; ] 4 [ ( h-1) β Director Agricultural Marketingβ means an officer, appointed by the State Government as Director Agricultural Marketing, to per form the powers and functions of the Director of Agricultural Marketing under this Act ; 4(h-1a) βDirect Marketingβ in relation to specified agricult ural produce, means direct wholesale purchase of specified agricultural produce from the farmers by the processors, exporters, bulk buyers, etc. outside the principal market yard, sub-market yard, private market yard and market sub-yard ; ββββββββββββββββββββββββββββββββββββββββββ 1. Renumbered by item 2 (v) of the Schedule of U. P. Act no. 30 of 1974 and Ins. by sec. 2(ii) of President Act no. 13 of 1973. 2. Ins. by sec. 2(a) of U.P. Act No. 24 of 2018. 3. Subs. by sec. 2 (a) of U. P. Act No. 06 of 1977. 4. Ins. by sec. 2 (b) of U. P. Act No. 24 of 2018. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 8 1 [(h-1b) βFarmer Producer Orga nisation (FPO)β means an association of farmers, by whatever name/form it is called/exists, registered under any law for the time being in force, which is to mobilize farmers and build their capacity to collectively leverage their production and marketing strength. ] 2[ (h -2) βExportβ means export of specified agricultural produce outside India by a licensee. ] 3 [ (h -3) βe -tradingβ means trading in which billing, billing, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network/internet ; ] (i) βlicenseeβ means a person who is granted a licence under this Act ; (j) βLocal Bodyβ means a 4[Municipal Corporation] , 3[Municipal Council], Notified Area Committee, Town Area Co mmittee, Antarim Zila Parishad, Zila Parishad or a 3[Gram Panchayat] constituted or established under any enactment in force in Uttar Pradesh ; (k) βMarket Areaβ means an area notified as such under section 6, or as modified under section 8 ; 5[ (k-1) βMain Market Committeeβ means the Mandi Samiti which is authorized to issue a unified license ; ] 6[(k-2) βMarket sub-yardβ means warehouse/silos/cold storage or other such structure or place declared to be market sub -yard under section 7-A of this Act. ] (l) βmemberβ means a member of the Committee ; 7[(l-1) ββOther Backward Classes of citizensββ, means the backward classes of citizen specified in schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Class) Act, 1994] (m) βPalledarβ means a labourer engaged for βDara - makingβ, loading, unloading, filling, emptying or carrying any agricultural produce ; 8 [(m-1) βPersonβ 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. ] (n) βprescribedβ means prescribed by rules made under this Act ; ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2(b) of U.P. Act No. 24 of 2018. 2. Ins. by sec. 2 (a) of U. P. Act No. 17 of 2005. 3. Ins. by sec. 2 (a) of U. P. Act No. 03 of 2016. 4. Subs. by sec. 2(c) of U. P. Act No. 18 of 2001. 5. Ins. by sec. 2 (b) of U. P. Act No. 03 of 2016. 6. Ins. by sec. 2 (c) of U. P. Act No. 24 of 2018. 7. Ins. by sec. 3 of U.P. Act No. 18 of 2001. 8. Ins. by sec. 2(f) of U.P. Act No. 24 of 2018. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 10 (o) βPrincipal Market Yardβ means the portion of a Market Area, declared as such under section 7 ; 1 [(o-1) β Processingβ means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, occurring or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to but shall not mean more cleaning, washing grading and packaging and other like activities; ] 2 [(o-2) βPrivate Market Yardβ means such place other than Principal Market Yard, Sub -Market Yard and Market -Sub Yard in the market area, where infrastructure has been developed and managed by a person for marketing of agricultural produce, holding a licens e for this purpose under this Act ; (o-3) βProcessorβ in relation to agriculture produce means a person how under takes processing of any notified agricultural produce on his own accord or on payment of a charge. ] (p) βproducerβ means a person who, w hether by himself or through hired labour, produces, rears ro catches, any agricultural produce, not being a producer who also works as a trader, broker or Dalal, commission agent or Aarhatiya or who is otherwise ordinarily engaged in the business of storage of agricultural produce : Provided that if a question arises as to whether any person is a producer or not for the purposes of this Act, the decision of the Director, made after an enquiry conducted in such manner as may be prescribed, shall be final. (q) βpurchaseβ includes barter or receipt of goods by way of pledge ro as security for the amount advanced ; 3[4(q-1)3 βRegulationsβ means regulations made by the Board in accordance with the provisions of section 26-X ; ]4 5 [(q-2) βretail saleβ in relation to any specified agricultural produce means sale of that produce, not exceeding such quantity, as a market committee may specify in its bye -laws to be the limit of retail sale ; ] (r) βsaleβ includes barter or deposit of goods by way of pledge or as security for the amount received as advance ; (s) βSecretaryβ means the person appointed as such under section 23 ; ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2 (b) of U. P. Act No. 17 of 2005. 2. Ins. by sec. 2 (e) of U. P. Act No. 24 of 2018. 3. Renumbered by item 2 (b) of the Schedule of U. P. Act no. 30 of 1974. 4. Ins. by section 2 (iv) of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974. 5. Ins. by sec. 2 (i) of U. P. Act No. 19 of 1979. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 12 1 [(s-1) β Siloβ means silo declared as market sub -yard under section 7-A of this Act ; (s-2) βSpecial Commodity Market Yardβ means a market yard as notified under section 7-C of this Act. ] (t) βspecified agricultural produceβ means a agric ultural produce specified in the notification under section 6 or as modified under section 8 ; 2[ (t-1) βStateβ means a State as specified in 1 st Schedule of the Constitution of India. ] (u) βState Governmentβ means the Government of Uttar Pradesh ; Act no. LVIII of 1962 (v) βState Warehousing Corporationβ means the State Warehousing Corporation for Uttar Pradesh established or deemed to be established under the Warehousing Corporation Act, 1962 ; (w) βSub -Market Yardβ means a portion of a Market Area, declared as such under section 7 ; 3[(x) βtrade-chargeβ means any charge, by whatever name called, which is realized or may be realized by, or may be payable to, a trader in respect of any transaction of sale or purchase of any specified agricultural produce under or purporting to be under any custom or usage of trade, or otherwise ; Explanation β Every deduction other than a deduction made on account of deviation from sample when the purchase is made by sample, or on account of deviation from st andard when the purchase is made by reference to a known standard, or on account of difference between actual and the standard weight or measure shall be deemed as a trade charge. ] (y) βtraderβ means a person who in the ordinary course of business is en gaged in buying or selling agricultural produce as a principal or as a duly authorized agent of one or more principals and includes a person, engaged in processing of agricultural produce ; 4[(y-1) βUnified Licenseβ means a license granted under section 9-A. ] 5 [(aa) βvillageβ shall have the same meaning as in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. ] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2 (f) of U. P. Act No. 24 of 2018. 2. Ins. by sec. 2 (G) of U. P. Act No. 24 of 2018. 3. Subs. by sec. 3 of U. P. Act No. 07 of 1978. 4. Ins. by sec. 2 (c) of U. P. Act No. 03 of 2016. 5. Subs. by sec. 2 (c) of U. P. Act No. 06 of 1977. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 14 1[(aa-1) βWarehouseβ in relation to market yard means warehouse declared as market sub-yard under section 7-A of this Act. ] (bb) βweighmanβ means a person who, in the ordinary course of business, is engaged in weighing of agricultural produce in connection with a transaction of sale or purchase thereof ; U. P. Act no. V of 1959 (cc) βweighing or measuring instrumentβ means a weighing instrument or a measuring instrument as defined in the Uttar Pradesh Weights and Measures (Enforcement) Act, 1959 ; (dd) βweight or measureβ means commercial weight or measure or a standard weight or measure, as defined in the measure or a standard weight or measure, as defined in the U. P. Weights and Measures (Enforcement) Act, 1959 ; 2 [(ee) βwhole -sale transactionβ i n relation to any specified agricultural produce means sale and purchase of that produce exceeding such quantity as a market committee may specify in its bye -laws to be the limit of retail sale. ] 3[(ff) ββUser chargesββ, means the amount paid in conside ration of material or science.] Marketing Freedom to Agriculturist/ Producer 4[2-A. The agriculturist/producer may sell his produce according to his choice anywhere in or outside this State : Provided that no market fee shall be collected for wholesale transition from agriculturist β seller : Provided further that no market fee shall be levied or collected on the retail sale of any specified agricultural produce, where such sale is made by an agriculturist or a producer directly to the consumer for his domestic consumption. ] 3. 5[ X X X X ] Repugnancy with other law 4. (1) Subject to the provisions of sub -section (2), the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law, custom, usage or agreement. Act no. X of 1955 (2) The provisions of section 3 of the Essential Commodities Act, 1955, and the orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in this Act or in any rule, by - law or order made thereunder. Power to amend Schedule 6[ 4-A. The State Government may by notification in the Gazette, add to, amend or omit any of the items of agricultural produce specified in the Schedule, and thereupon the Schedule shall stand amended accordingly. ] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2 (h) of U. P. Act No. 24 of 2018. 2. Ins. by sec. 2 (2) of U. P. Act No. 19 of 1979. 3. Ins. by sec. 2 of U.P. Act No. 18 of 2020. 4. Ins. by sec. 3 of U. P. Act No. 24 of 2018. 5. Omit. by section 3 of President Act no. XIII of 1973 as re-enacted by U. P. Act No. 30 of 1974. 6. Ins. by sec. 3 of U. P. Act No. 10 of 1970. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 16 CHAPTER β II Market Area and Market Yards Declaration of intention to regulate and control sale and purchase of agricultural produce in any area 5. (1) Where the State Government is of opinion that it is necessary or expedient in the public interest to regulate the sale and purchase of any agricultural produce in any area, 1[ * * * ] and for that purpose to declare that area as a Market Area, it may, by notification in the Gazette, and in such other manner as may be prescribed, declare its intention so to do and invite objections against the proposed declaration. (2) Any objection under sub -section (1) may be preferred within such period as may be prescribed and shall be addressed to the Director who shall forward the same, with his comments thereon, to the State Government. Declaration of Market Area 6. On the expiry of the period referred to in section 5, the State Government shall consider the objections received within the said period and may thereupon declare, by notification in the Gazette, and in such other manner as may be prescribed, that the whole or any specified portion of the area mentioned in the notification under section 5 shall be the Market Area in respect of such agricultural produce, and with effect from such date as may be specified in the declaration. Declaration of Principal Market yard and sub- market yard [ 7. 2 (1) As soon as may be after the publication of the notification under section 6 the State Government may by notification in the Gazette, declare such portion of the market area as may be specified as the principal market yard and such other portions as may be specified as sub-market yard : ] : 3[ Provided that the whole of the Principal Market Yard shall be located within the limits of one district only. ] 4[ (2) The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification β (a) include any area in or exclude any area from the area of a principal market yard or sub -market yard or abolish the existing principal market yard or sub -market yards and declare a new principal market yard or sub-market yards ; 5[ (b) declare that the whole -sale transactions of all or any of the specified agricultural produce in respect of a market area shall be carried on only at a specified place or places within its principal market yard or sub-market yards. ββββββββββββββββββββββββββββββββββββββββββ 1. Omit. by sec. 3 of U. P. Act No. 06 of 1977. 2. Sec. 7 renumbered and inserted sub-sec. 2 by sec. 4 of U.P. Act No. 6 of 1977. 3. Ins. by section 4 of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974. 4. Subs. by sec. 3 of U. P. Act No. 19 of 1979. 5. Subs. by sec. 4 of U. P. Act No. 24 of 2018. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 18 1[Provided that the proviso of this clause shall have no effect on the following β 1. Market sub yard; 2. Direct Marketing; 3. Private Mandi Yard; 4. Trade through Unified License; 5. Purchase Centres under minimum support price scheme; 6. Trade through digital platform appro ved by Director, Mandi Parishad : Provided that the licenses issued by Mandi Samiti or Director, Agriculture Marketing shall not be within the specified distance from the declared and constructed principal market yard/sub -market yard, determined by Director, Mandi Parishad.] Declaring warehouse/ silo/cold storage/or other such structure or places as market sub- yard 2 [7-A. (1) Save as otherwise provided in this Act, the State Government may, by notification declare such warehouse/silo/cold storage/or other such structure or place with infrastructure and facilities as may be prescribed, to function as market sub-yard ] : Provided that a place of retail trade shall not be declared as market sub-yard. Explanation :β The expression βplaceβ mentioned in this sub - section shall include any structure, enclosure, open space, locality, street including warehouse/silo/cold storage/pack house/cleaning, grading & processing unit etc. (2) The owner of a warehouse/silo/cold storage, or other such structure or βplaceβ, as the case may be, desirous of declaration of such place as market sub -yard under sub-section (1), shall apply to the Director Agricultural Marketing or an officer authorized by him, in such form, in such manner with such fee and for such period but not less than three years, as may be prescribed. 3 [(3) The person transactin g within such warehouse/silo/cold storage or other structure or place, in declared market sub -yard, shall have to pay 75% of the applicable market fee to the market committee on the value of transacted notified agriculture produce. The owner/licensee of the market sub-yard may levy and collect up to 25% of the market fee as user charge on the specified agriculture produce, which can be spent for maintenance and development of the yard.] : Provided that no market fee shall be collected from an agriculturist - seller. ] Direct marketing (wholesale direct purchase from farmers outside the market yard, sub-market yard, private market yard) 4[ 7 -B. (1) Subject to such reasonable conditions and such fee as may be prescribed, the Director, Agricultural Marketing may grant a license to a person to establish Collection aggregation centers in the proximity of the production area with infrastructure, as may be prescribed in accordance with the provisions of this Act and the rules made thereunder for marketing of notified agricultural produce : Provided that the direct wholesale purchase may be carried out outside the principal market yard, sub -market yards, market sub -yards, private market yards by declaring the place of such purchase, without establishment of any permanent col lection/aggregation center, as may be prescribed. (2) The direct marketing licensee shall maintain records and all ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 3 of U.P. Act No. 18 of 2020. 2. Ins. by sec. 5 of U. P. Act No. 24 of 2018. 3. Subs. by sec. 4 of U.P. Act No. 18 of 2020. 4. Ins. by sec. 5 of U. P. Act No. 24 of 2018. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 20 accounts relating to daily trade transactions and submit monthl y report, as may be prescribed, to the licensing authority. (3) The licensing authority licensee shall maintain records and all accounts relating to daily trade transactions and submit monthly report, as may be prescribed, to the licensing authority. (4) The direct marketing licensee shall pay market fee on transaction of sale of specified agricultural produce to the Uttar Pradesh State marketing Development Fund maintained by the Board.] Establishment and notification of βSpecial Commodity Market Yardβ 1[ 7-C. (1) The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification declare existing market yard established under clause (b) of sub -section (2) of section 7 as Special yard as Special Commo dity Market Yard of all or any of the specified agricultural produce in respect of a market area. (2) Provisions for and in relation to the Market Committee of this Act shall mutatis mutandis apply to the Market Committee established for Special Commodity Market Yard. ] Establishment of private market yard 2[ 7-D. (1) Subject to such reasonable conditions and such fee as may be prescribed, the Director, Agricultural Marketing may grant a license to a person to establish a private market yard, for tradin g of notified agricultural produce. (2) the private market yard licensee, or its management committee, may collect user charge on notified agricultural produce transacted in the private market yard, at the rate ad valorem not exceeding as notified by the State Government : Provided that no user charge shall be collected from agriculturist - seller. (3) The private market yard licensee shall contribute license fee and one -fourth of the user charge collection, to a separate fund maintained and operated by the Director, Agricultural Marketing. The Director, Agricultural Marketing shall utilize the fund, in skill development, training, research and such other activities, as will aid in creating an efficient marketing system in the State. ] 3[7-E. Establishment of Producer Consumer market yard (Sale of agriculture produce within retain limit by producer to the consumer)β (1) Subject to prescribed fee, conditions and restrictions, the officer authorized by the Government may issue license to the concerned person who establish producer consumer makes in which retail trade of specified agriculture produce can take place. (2) The license may establish and develop the infrastructure in the producer consumer market, within the reach of producer and consumers, as may be prescribed: Provided that the consumer shall purchase within the retail limit.] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 5 of U. P. Act No. 24 of 2018. 2. Ins. by sec. 5 of U. P. Act No. 24 of 2018. 3. Ins. by Sec. 5 of U.P. Act No. 18 of 2020. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 22 Alteration of Market Area and modification of the list of agricultural produce 8. (1) The State Government, where it considers necessary or expedient in the public inte rest so to do, may, by notification in the Gazette and in such other manner as may be prescribed and with effect from the date specified in the notification β (a) include any agricultural produce in, or exclude any agricultural produce from, the list of agricultural produce specified in the notification under section 6 ; (b) include any area in, or exclude any area from, the Market Area specified in the notification under section 6 ; (c) divide a market Area specified in the notification under section 6 into two or more separate Market Areas ; (d) amalgamate two or more market Areas specified in the notification under section 6 into one Market Area ; or (e) declare that Market Area specified in the notification under section 6 shall cease to be such area : Provided that before action under this sub -section is taken the State Government shall invite and consider, in the prescribed manner, objections, if any, against the proposed action. (2) When during the term of a Market Committee the limits of the Market Area for which it is established are altered under clause (b), clause (c) or clause (d) of sub -section (1), the following consequences shall, with effect from the date specified in the notification, follow :β (a) the Market Committee shall stand dissolved and its members shall vacate their offices as such members ; 1 [ (b) a new Market Committee shall be constituted for the modified or newly created Market Area in accordance with the provisions of section 13. ] 2[(c) all property and ass ets, all rights, liabilities and obligations of the dissolved Market Committee in respect of civil or criminal proceedings, contracts, agreements or any other matter or thing arising in relation to any part of the Market Area of a dissolved Market Committee shall be vested in and stand transferred to the new Market Committee having jurisdiction over that part. ] (3) Where a Market Area ceases to be such area under clause (e) of sub-section (1), the following consequences shall, with effect from the date specified in the notification, follow :β (a) the Market Committee shall stand dissolved and its members shall vacate their offices as such members ; (b) the Principal Market Yard and Sub -Market Yards, if any, established therein shall cease to be such ; (c) the unspent balanced of the Market Committee Fund and other assets and liabilities of the Market Committee shall vest in the State Government : Provided that the liability of the State Government shall not extend beyond the assets so vested. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 3 of U. P. Act No. 13 of 2004. 2. Subs. by section 5 of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 24 Effects of declaration of Market Area 9. (1) As from the date of declaration of an area as Market Area no Local Body or other person shall, within the Market Area, set up, establish or continue, or allow to be set up, established or continued, any place for the sale, purchase, storage, weighment or processing of the specified agricultural produce, except under and in accordance with the conditions of a license granted by the Committee concerned, anything to the contrary contained in any other law, custom, usag e or agreement notwithstanding : Provided that the provisions of this sub-section shall not apply to a producer in respect of agricultural produce produced, reared, caught or processed by him or to any person who purchases or stores any agricultural produce for his domestic consumption. 1[Provided further that in case of direct purchase from farmers, to set up collection/ aggregation centers in the proximity of the production area and for the private market yard, Director, A gricultural Marketing shall be the Licensing Authority for that market area. ] (2) No person shall, in a Principal Market Yard or nay Sub - Market Yard, carry on business or work as a trader, broker, commission agent, warehouseman, weighman, palledar or in such other capacity as may be prescribed, in respect of any specified agricultural produce except under and in accordance with the conditions of a license obtained therefor from the Committee concerned. 2[(3) The provisions of sub -sections (1) and (2) shall not apply in relation to any specified agricultural produce pledged or hypothecated in favour of a bank as security for any amount advanced by such bank. Explanationβ For the purposes of this sub -section, the word βbankβ shall have the meaning ass igned to it in the Uttar Pradesh Regulation of Money Lending Act, 1976. ] 3[Unified License for certain purpose] 3[ 9-A. (1) Any Market which shall be main Mandi Samiti, may grant unified license to purchase specified agriculture produce from the farmers and traders in such a manner as may be prescribed in the bye laws, in the pre -communicated places in the whole State, for one or more of the following purposes :β (a) processing of specified agricultural produce ; (b) trading of specified agricultural produce ; (c) grading, packing and transaction in other way by value addition of specified agricultural produce. ] 4[(2) Market fee and development cess as provided in this Act, shall be payable on sale and purchase of specified agricultural produce ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 6 of U. P. Act No. 24 of 2018. 2. Ins. by sec. 4 of U. P. Act No. 07 of 1978. 3. Subs. by sec. 6 of U. P. Act No. 18 of 2020. 4. Subs. by sec. 7 of U.P. Act No. 24 of 2018. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 26 to that market committee, where the specified agricultural produce is actually transacted. ] 1 [(3) Notwithstanding anything contained in sub -section (1) licence issued to a wholesale trader by any Mandi Samiti, in the manner as maybe pre scribed, shall be treated as Unified Licence. The Unified Licencee shall be authorized to trade in any market area of the State] No trade charges permissible except as prescribed by rules or bye-laws 10. (1) As from the date to be notified by the State G overnment in the Gazette, 2[ * * * ] no person shall, in a Principal Market Yard or Sub Market Yard, levy, charge or realize, any trade charges, other than those prescribed by rules or bye -laws made under this Act, in respect of any transaction of sale or purchase of the specified agricultural produce and no Court shall, in any suit or proceeding arising out of any such transaction, allow in any claim or counter claim, any trade charges not so prescribed. (2) all trade charges shall be payable by the purchaser. Application of certain provisions relating to Market Yards to the remaining part of Market Area 11. The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification in the Gazette and in such other manner as may be prescribed, declare that the provisions of sub-section (2) of section 9 and the provisions of section 10 shall also apply to the whole or any part of the Market Area outside the Principal Market Yard and Sub -Market Yards as may be sp ecified in the notification and thereupon the said provisions shall with effect from the date specified in the notification apply accordingly, and the remaining provisions of this Act relating to a Principal Market Yard or Sub -Market Yards shall also, with effect from the same date, mutatis mutandis, apply to the area so specified. CHAPTER β III Market Committee Establishment and incorporation of Committee 12. (1) For every Market Area there shall be a Committee to be called the Mandi Samiti of that Mar ket Area, which shall be a body corporate having perpetual succession and an official seal and, subject to such restrictions or qualifications, if any, as may be imposed by this or any other enactment, may sue or be sued in its corporate name and acquire, hold and dispose of property and enter into contracts : Provided that the Committee shall not transfer any movable property except in accordance with a resolution duly passed at any of its meetings by a majority of not less than three-fourths of the total number of its members and with the previous approval in writing of [the Board] 3. Act no. 1, 1894 (2) The Committee shall be deemed to be a local authority for the purposes of Land Acquisition Act, 1894 [and any other law for the time being in force] 4. Constitution of the Committee 5[ 13. (1) The Committee referred to in section 12 shall consist ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2 of U.P. Act no. 7 of 2023. 2. Omit. by sec. 5 of U. P. Act No. 10 of 1970. 3. Subs. by section 6 (i) of President Act no. 13 of 1973 as re-enacted by U. P. Act No. 30 of 1974. 4. Ins. by sec. 6 (ii) ibid. 5. Subs. by sec. 8 of U. P. Act No. 24 of 2018. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 28 of the following members to be nominated by the State Government in such manner as may be prescribed :β (a) nine representative of producers of the Market Area ; (b) two representative of traders carrying on business in the Market Area and holding license therefor under this Act ; (c) two representative of commission agents carrying on business in the Market Area and holding license therefor under this Act ; (d) two representative of palledar and measurer carrying on business in the Market Area and holding license therefor under this Act; (e) Secretary of the Market Committee who shall be the member secretary. (2) The members referred to in clause (a) of sub -section (1), who have sold notified agricultural produce in the market yards and obtained sale vouchers in Form VI of last three years from the committee, cumulatively highest in value, shall be eligible for nomination : Provided that our of nine producer members, three members shall be from marginal farmers, three members from small farmers and three members from large farmers. (3) Every committee shall have a Chairman and Vice -Chairman elected by the members referred to in cl auses (a) to (d) of sub -section (1) is such manner as may be prescribed : Provided that the Chairman and Vice -Chairman shall be the member referred in clause (a) of sub-section (1). (4) (a) The term of the committee constituted under sub -section (1) shall be three years from the date of publication of the constitution of the committee, if not terminated earlier by the State Government; (b) There term of the office of the Chairman, the Vice -Chairman and the members shall be Co-terminus with the committee. (5) The name of the every member nominated under sub -section (1) shall be registered with the Director within 21 days of the nomination thereof. (6) No proceeding, or act done by or on behalf of the committee shall be questioned on the ground fro want to any qualification, or defect in the nomination, of any person a Chairman, Vice -Chairman or member of the committee, or on the ground of any vacancy, or any other defect in the Constitution of the Committee. ]1 Resignation of members and nomination in certain circumstances 2[ 13 -A. (a) A member of the Committee may resign from his office by writing under his hand addressed to the Chairman. The ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 8 of U.P. Act No. 24 of 2018. 2. Ins. by sec. 4 of U. P. Act No. 13 of 2004. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 30 resignation shall take effect from the date on which it is accepted by the Chairman with the prior approval of the Director ; (b) The State Government may by notification nominate persons from the respective category of members to fill the va cancies of the members who have resigned and the persons so nominated shall hold office for remainder of the term of the Committee. ] Removal of members, Vice- Chairman and Chairman of the Committee 1[13-B. The State Government may, on the recommendation o f the Director, remove any member including the Chairman or the Vice - Chairman if he 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 has been adjudged insolvent and the vacancy of such members shall be filled in accordance with the provisions of sub -section (3) of section 13 or clause (b) of section 13-A as the case may be : Provided that no such member shall be removed from office unless he has been given a reasonable opportunity of being heard. ] Suspension of the Committee 2[ 13-C. Where the Director, is satisfied that, β (a) any Committee has willfully failed in the performance of its functions, or discharge of its duties, or has exceeded or abused the powers conferred on it by or under this Act or any other enactment ; (b) continuance or the functioning of the Committee is prejudicial; to maintenance of public order ro to the maintenance of supplies and services of commodities essential to the community in the market area or its part or in the other market areas ; and (c) it is necessary so to do, he may, after obtaining explanation from the Committee, by order in writing suspend the functioning of the Committee for a period up to six months. ] Consequences of suspension 3[ 13-D. (1) Where a Committee is suspended under section 13 -C the Chairman, the Vice -Chairman and the members thereof shall be deemed to have vacated their respective office for the period of suspension and the powers, duties and functions of the Committee shall be exercised, discharged and performed by the District Magistrate who may exercise, discharge or perform such power, duties and functions either himself or through an officer authorized by him not b elow the rank of the Deputy Collector. (2) Where the circumstances so warrant the Director may sent its report for dissolution of the Committee to the State Government within three months from the date of its suspension. (3) The director shall forth with report about suspension under section 13-C to the State Government and if no adverse direction or ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 4 of U. P. Act No. 13 of 2004. 2. Ins. by sec. 4 of U. P. Act No. 13 of 2004. 3. Ins. by sec. 4 of U. P. Act No. 13 of 2004. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 32 order is received to the Director from the State Government wi thin 15 days the suspension shall continue, for the period directed in the first order otherwise he shall act according to the directions of the State Government in the matter. Dissolution of Committee 1[ 13-E. If at any time the State Government, on th e report of the Director is satisfied that nay Committee has made a willful default in the performance of any duty imposed upon it by or under this Act, or any other enactment or has exceeded or abused its powers, after taking into consideration the explanation of the Committee, it may, by order stating the reasons therefor dissolve the Committee by publication thereof in the official Gazette. Explanationβ 1. Willful default means a failure to perform duties of the committee, lack of willingness or it di sinclination to perform that duty and such failure should not be the result of any accident or inadvertent error. Explanationβ 2. The purpose of stating reasons is to ensure that the reasons which impelled the action are genuine and relevant to the content and scope of the power vested in the State Government ; Consequences of dissolution 2[ 13-F. On the dissolution of the Committee,β (a) all the members, including the Chairman and the Vice - Chairman, of the Committee shall, be deemed to have vacated t heir offices from the date of dissolution; (b) The Collector shall become the administrator of the Committee and shall either himself or through an officer not below the rank of deputy Collector exercise, discharge and perform the powers, duties and func tions of Chairman, Vice -Chairman and the Committee, until the new Committee is constituted under section 13. ] Constitution of First Committee or new Committee 3[14. (1) The State Government shall, by notification in the Gazette, appoint all the members o f the First Committee, or of a new Committee mentioned in clause (b) of sub -section (2) of section 8, including the Chairman and the Vice -Chairman, from amongst the persons who, in the opinion of the State Government, are suitable to represent the differen t interests referred to in sub -section (1) of section 13. ]3 (2) The term of the First Committee shall be one year from the date of its constitution under sub -section (1), but the State Government may, in the public interest, extend or further extend its term, so however that the extended or further extended term shall come to an end on the date of the constitution of the Committee under section 13. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 4 of U. P. Act No. 13 of 2004. 2. Ins. by sec. 4 of U. P. Act No. 13 of 2004. 3. Subs. and be deemed always to have been substituted by section 7 of U. P. Act No. 10 of 1970. [The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964] 34 (3) The term of office of the members of the First Committee including the Chairman and the Vice -Chairman, shall be for such period, not exceeding the term of the First Committee, as may be fixed by the State Government in this behalf. Corrupt practices 1[14-A. The provisions of section 123 of Chapter I of part VII of the Representation of the People Act, 1951 shall mutatis mutandis apply in the election to a Mandi Samiti. ] Electoral offences 2[14-B. The provisions of sections 125, 126, 127, 127 -A, 128, 129, 130, 131, 132, 132 -A, 134, 134-A, 135, 135-A and 136 of Chap ter III of Part VII of the Representation of the People Act, 1951 shall have effect as if, β (a) the reference therein to an election were a reference to an election held under this Act ; (b) in section 127 -A, in sub -section (2), in clause (b), in sub - clause (i) for the words βChief Electoral Officerβ the words βDirector of Electionβ had been substituted ; (c) in sections 134 and 136, for the words βby or under this Actβ the words βby or under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964β had been substituted ; (d) in section 135-A, β (i) for the word βgovernmentβ the words βGovernment, the Board or a Mandi Samitiβ had been substituted. (ii) in the explanation for the words βthis sub-section and section 20-Bβ the words, βthis sectionβ had been substituted. ] Filling or casual vacancies 15. Where a vacancy occurs by reason of death, resignation or removal of a member, or for any other reason, it shall be filled in by a person belonging to the class to which the person ceasing to be membe r belonged, and the person so 3[nominated or ap pointed by the State Government] shall be a member for
Excerpt shown. Open the full act in Lexace.
Lex