LexThe Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011
Uttarakhand · state statute
Open in Lexace · Ask the AI about this act
THE UTTRAKHAND AGRICULTURAL PRODUCE MARKETING
(DEVELOPMENT AND REGULATION) ACT, 2011
[Uttarakhand Act No. 09 of 2011]
INDEX
Sections Detail
CHAPTER I
Preliminary
1. Short Title Extent and commencement
2. Definitions
3. Powers to Amend Schedule
CHAPTER II
Establishment of Markets
4. Declaration of intention to regulate and to control sale and
purchase of agricultural produces in any area
5. Declaration of market area and development and regulation of
marketing of specified agricultural produce therein
6. Market Yards, Sub -Market Yards, Farmers/ Consumer /
Farmers market and Private Market
7. Notification of intention to alter limits of or to amalgamate or to
split up market areas to de-establish a market
8. Procedure subsequent to notification under-section 6
9. Effect of alteration of limits
10. Power of State Government to issue con -sequential order with
respect to constitution etc. of market committees on alteration
of limits, amalgamation or splitting up
11. Declaration of Principal Market Yards, Sub -market Yards and
Private Market Yards
12. Alteration of Market Area and modification of schedule of
Agricultural produces
13. Effects of declaration of Market Area
14. No Trade Charges permissible except as prescribed by rules and
bye-laws
15. Application of certain provisions relating to Markets Yards, Sub
markets Yards and Private Markets Yards, to the remaining parts
of Market Area
CHAPTER III
Constitution of Market Committee
16. Establishment of Market committees and its incorporation
17 Constitution of the Market Committee
18. Resignation of members and nomination in certain circumstances
19. Removal of members, Vice-Chairman and Chairman of the
committee
20. Suspension of the Committee
21. Consequences of suspension
22. Dissolution of committee
23. Consequences of dissolution
24. Constitution of First Committee or a new Committee
25. Filling up of Casual vacancies
26. Functions and Duties of Committee
27. Powers of the Committee
28. Appeal
29. Annual returns and Imposition of fees
30. Contracts on behalf of the Committee
31. Market Committee Fund and its Utilization
32. Priorities of Liabilities of the Committee
33. Recovery of sums due to Committee as arrears of Land Revenue
and power to write off Irrecoverable dues
34. Surcharge
CHAPTER-IV
Officer and servants of the committee
35. Powers and Duties of the Chairman and the Vice-chairman
36. Appointments of the officers and the servants of the Market
Committee and the conditions of their service.
37. Constitution of Centralized Service and transfer of employees
38. Functions, Powers and Duties of the Secretary
39. Terms and Conditions of Employment of Officers and Ser vants
of the Committees
40. Protection of persons acting under this Act
CHAPTER -IV
Classification of Market and Special Market
41. Classification of market
42. Special Market and Special Commodity Market
43. Constitution of Market Committee for Special market
44. Chairman and Vice Chairman for Special market
45. Executive Committee for Special Market
46. Chief Executive of the Market Committee of Special Market,
Functions and powers
CHAPTER-VI
Constitution, Functions and powers of Uttarakhand
Agricultural Produce Marketing Board
47. Establishment of the Board
48. Constitution of the Board
49. Disqualification for being Chairman, and other Members
50. Term of Office of Chairman and Other Members
51. Other provisions regardin g office the Chairman and Members
Other than Ex- Officio Members
52. Appointment of Officers and Servants
53. Supervision and control of the Managing Director
54. Authentication of the Orders and other Instruments of the
Board
55. Disqualification for participation in the proceedings of the Board
on account of Interest
56. Acts not to be invalidated by informality, vacancy etc
57 Directions on questions of Policy
57A. Power of the State Government to direct
58. Annual Reports, Statistics, Returns and Other Information's
59. Execution and registration of Contracts etc.
60. Board Fund
61. Uttarakhand Marketing Development Fund
61A. Revolving Fund
62. Kendriya Mandi Fund
63. Restriction on Unbudgeted Expenditure
64. Power of Board to borrow
65. Priorities of liabilities of the Board
66. Accounts and Audit
67. Surcharge
68. Regulations
69. Powers of the Board
70. Delegation of powers
71. Conduct of the meetings of the Board
72. Powers of the Chairman
73. Powers and Duties of the Managing Director
74. Power of the Board to remove the Member of the Committee
75. Suppression of Committee
76. Consequences of suppression
77. Powers of the Managing Director to Prohibit Execution or
Further Execut ion of Resolution passed or Order made by the
Committee
78. Powers of the State Government
CHAPTER-VII
Contract Farming
79. Form of Contract Farming Agreement
CHAPTER-VIII
Miscellaneous
80. Suit against the Committee
81. Recovery of dues as land revenue
82. Registration and renewal
83. Establishment of Private Yards, and Direct purchase of
Agriculture produce from the Agriculturist (Direct purchase
from Producer)
84. Establishment of Consumer/ Farmer Market (Direct sale by the
Producer)
85. Settlement of disputes between Market Committees
86. Power of Entry, Search and Seizer
87. Police Help
88. Penalty
89. Offences by companies
90. Compounding of offence
91. Trial of Offences
92. Bye-laws
93. Rules
94. Removal of Difficulties
95. Repeal and Savings
The Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011
[Uttarakhand Act No. 09 of 2011]
By amend
Uttarakhand Act no 4 of 2013
Uttarakhand Act no 31 of 2013
Uttarakhand Act no 14 of 2015
Uttarakhand Act no 8 of 2016
Uttarakhand Act no 30 of 2016
Uttarakhand Act no 14 of 2018
Uttarakhand Act no 3 of 2019
Uttarakhand Act no 10 of 2020
Repeal of UK Act no 28 of 2020
Revival of UK no. 28 of 2021
An
Act
to provide for the effective regulation in marketing of agricultural produce, establishment and
development of proper and modern marketing system, promotion of agricultural processing and agricultural
export, superintendence and control of markets in t he State of Uttarakhand and for the matters connected
there with or incidental thereto.
Be it enacted by the Legislative Assembly of the Uttarakhand in the Sixty -second Year of the
Republic of India, as follows-
CHAPTER-I
PRELIMINARY
Short Title,
Extent and
commencement
1. (1) This Act may be called the Uttarakhand Agricultural Produce Marketing
(Development and Regulation) Act, 2011.
(2) It extends to the whole of Uttarakhand.
(3) It shall come into force on such date as the State Government may, by
notification in the official gazette, appoint.
Definitions 2. In this Act, unless the context otherwise requires :-
(i) "Agricultural Produce" means all produce and commodities, whether
processed or unprocessed, of agriculture, horticulture, floriculture,
viticulture, apic ulture, sericulture, pisciculture, animal husbandry, forest
produce, as are specified in the Schedule or declared by the State
Government, by notification, from time to time and includes admixture of
two or more of such products, processed in form and furt her includes Gur,
Rab, Shakkar, Khandsari and Jaggery;
(ii) "Agriculturist" or "Producer" means a person, who, by his own labour or by
the labour of any member of his family or by the labour of hired labour or
otherwise, is engaged in the production and growth of agricultural produce,
but it does not include any market functionary like a trader, broker ( dalal),
commission agent (arhatiya) or who is otherwise ordinarily engaged in the
business of storage of agricultural produce;
(iii) "Bill" means bill issued by the trader, commission agent or arhatiya, as may
be prescribed;
(iv) "Board" means the Uttarakhand State Agricultural Marketing Board,
established under section 47 of this Act;
(v) "Business" means purchase, sale, processing, storage, transportation or
connected activities of agricultural produce;
...................................................
Repeal above Act by section 138 (1) of Uttarakhand Act no 28 of 2020.
Revival above Act by section 2 of Uttarakhand Act no 28 of 2021.
(vi) "Buyer" (Purchaser) means a person , group of person, firm or company or
co-operative society or Government agency, corporation, trader,
commission agent or arhatiya, who, himself or on behalf of any other
person or agent, buys or agrees to buy agricultural produce in the Market
Area, as notified under this Act;
(vii) "Bye-laws" means the Bye -laws made by Agriculture Produce Marketing
Committee, under the provisions of this Act;
(viii) "Central Warehousing Corporation" means the Central Warehousing
Corporation, established or deemed to be established u nder the
Warehousing Corporation Act, 1962 (Act No. 58, 1962);
(ix) "Chief Executive Officer" means a person, appointed as such under sub -
section (2) of section 36 of the Act, by Agriculture Produce Marketing
Committee.
(x) "Collector" means the Collector of the D istrict, where the Principal Market
Yard of the Market Area is located, and includes such other officer, as may
be authorized by him in that behalf;
(xi) "Commissioner" means, the Commissioner of such administrative division
of the State, where the Principal M arket Yard of the Market Area is
located;.
(xii) "Commission Agent, dalal or arhatiya" means a person, who, in the ordinary
course of business, negotiates or arrange contracts for the purchase or sale
of the agricultural produce, on behalf of his principal, on p ayment of his
commission or remuneration, whether in cash or kind, but it does not
include the servant of such principal, whether engaged in negotiating or
arranging such contracts;
(xiii) "Committee" means the Agricultural Produce Marketing Committee,
constituted under this Act;
(xiv) "Contract Farming" means farming by a person, who shall be called
"Contract Farming Producer", on his land under a written agreement with
another person called "Contract Farming Sponsor" to the effect that his farm
produce shall be purchased as specified in the agreement;
Explanation- (a) "Contract Farming Producer" means an individual agriculturists,
or an association of agriculturists, by whatever name called, registered
under any law for the time being in force;
(b) "Contract Farming Sponsor" means a person, firm, company, group of
persons or a body, by whatever name called, registered under any law
for the time being in force;
(xv) "Contract Farming Agreement" means the written agreement, made for
contract farming between Contract Farming Sponsor and contract farming
producer;
(xvi) "Co-operative Marketing Society" means a Co -operative Society of
producers, registered under the Uttaranchal Co -operative Societies Act,
2003 (Uttaranchal Act No. 5 of 2003), which has, as its principal objects,
the promotion of sale or purchase of agricultural produce;
(xvii) "Nomination" means a person, appointed/nominated by the State
Government in this behalf by general or special order;
(xviii) "Export" means dispatch of agricultural produce outside India;
(xix) "Exporter" means any such person or firm, who exports agricultural
produce.
(xx) "First Arrival" means such notified agricultural produce, which reaches
Market Area for sale, storage or transaction, upon which no market fee has
been paid, even if it has been brought to that M arket Area from any other
Market Yard or Market Area or State or India;
(xxi) "Import" means bringing agricultural produce from outside India;
(xxii) "Importer" means such person or firm,who imports agricultural produce
from outside India;
(xxiii) "Licence" means license granted under this Act;
(xxiv) "Licensee" means a person, association, firm, company, public sector
undertaking or society, to whom a license has been granted under this Act;
(xxv) "Local Body" means a Nagar Nigam, Nagar Palika Parishad, Cantonment
Board, Nagar Panchayat, Zila Panchayat and Gram Panchayat, constituted
or established under any enactment in force in Uttarakhand;
(xxvi) "Managing Director" means an officer, appointed by the State Government
as Managing Director and includes any other officer authorized by the
Board or Managing Director to perform all or any of his functions under
this Act;
(xxvii) "Marketing" means all activities involved in the flow of agricultural
produce from the production point till they reach the consumer viz.
grading, processing, storage, transport, channels of distribution and all other
functions involved in the process;
(xxviii) "Market Area" means any area notified as such under section 10 or
modified under section 11 of this Act;
(xxix) "Market Charges " includes charges on account or in respect of commission,
brokerage, weighing, measuring, hammali (loading, unloading and carrying)
cleaning, drying, sieving, stitching, stacking, hiring, filling up of gunny
bags, stamping, bagging, storing, warehousing, grading, surveying,
transporting and processing and also include 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 : - 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 standard when the purchase is made by reference to a
known standar d, or on account of difference between actual and the
standard weight or measure, shall be deemed as a trade-charge;
(xxx) "Market Functionary" means a trader, a commission agent, processor, a
stockist and such other person, as may be declared under this Act or the
rules or bye-laws made there under to be a Market Functionary;
(xxxi) "Member" means a member of the Marketing Committee;
(xxxii) "Other Backward Classes" means the scheduled citizens, mentioned in the
schedule '1' of the Uttar Pradesh Lok Seva (Reservation for Sc heduled,
Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (as
applicable to the State of Uttarakhand);
(xxxiii) "Palledar" means a labourer, engaged for dara -making, loading,
unloading, filling, emptying or carrying any agricultural produce;
(xxxiv) "Prescribed " means prescribed by the rules made under this Act;
(xxxv) "Principal Market Yard" means a portion of a market area, declared as such,
under section 10 of this Act;
(xxxvi) "Private Market Yard" means such place other than the market yard/sub
market yard in the market area, where infrastructure has been developed
and managed by a person, who holds a license for this purpose under this
Act for marketing of a notified agricultural produce;
(xxxvii) "Processing " means any one or more of a series of treatments relating to
powdering, crushing, decorticating, husking, parboiling, polishing, ginning,
pressing, curing or any other manual, mechanical, chemical or physical
treatment to which raw agricultural produce or its product is subjected to;
(xxxviii) "Processor" means a person, who undertakes processing of any notified
agricultural produce on his own accord or on payment of a charge;
(xxxix) "Purchase" includes barter or receipt of goods, by way of pledge or as
security for the amount advanced;
(xl) "Registration " means registration done under this Act;
(xli) "Regulation" means regulation made by the Board, in accordance with the
provisions of this Act;
(xlii) "Retail sale", in relation to any specified agricultural produce, means a sale
of that produce, not exceeding such quantity, as a market Committee ma y
specify in its bye-laws to be the limit of retail sale;
(xliii) "Rules" means rules made under this Act by the State Government;
(xliv) "Sale" means and includes barter or deposit of goods, by way of pledge or
as security, for the amount received as advance;
(xlv) "Scheduled Caste" and "Scheduled Tribes" shall carry the same meaning as
assigned to them under clause (24) and (25) respectively of Article 366 of
the Constitution of India;
(xlvi) "Second Arrival" means such agricultural produce, which has been brought
to any Market Area after the first transaction or sale from any other Market
Area;
(xlvii) "Seller" means a person or an agent, who sells or agrees to sell any
agricultural produce;
(xlviii) "Specified Agricultural Produce" means agricultural produce specified in
the notification under section 4 or as modified under section 12 of this Act;
(xlix) "State Government" means the State Government of Uttarakhand;
(l) "State Warehousing Corporation" means the State Warehousing
Corporation of Uttarakhand;
(li) "Sub market Yard" means a portion of a Mar ket Area, declared as such
under section 11 of this Act;
(lii) "Trader" means a person, who, in the ordinary course of business, is
engaged in buying or selling agricultural produce and includes a person,
engaged in processing of agricultural produce but agricul turist is not
included therein;
(liii) "Transportation" means taking agriculture produce by pushcart, bullock
cart, tractor, truck or other vehicle in course of business for marketing from
one place to another;
(liv) "Transporter" means a person, who transports agricultural produce;
(lv) "Value Addition" means processing, grading, packing, or other activities
due to which value is added to the agricultural produce;
(lvi) "Village" shall have the same meaning as assigned in the Uttar Pradesh
Zamindari Abolition and Land reforms Act, 1951 (Uttar Pradesh Act No. 01
of 1951) (as applicable in the State of Uttarakhand);
(lvii) "Weighing or Measuring Instrument" means a weighing instrument or
measuring instrument, as defined in the Uttar Pradesh Weights and
Measures, (Enforcement) Act, 1959 (Uttar Pradesh Act No. 05 of 1959) (as
applicable to the State of Uttarakhand);
(lviii) "Weighman" 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;
(lix) "Weights or Measures" means commercial weights or measures or a
standard weight or measure, as defined in the Uttar Pradesh Weights and
Measures (Enforcement) Act, 1959 (as applicable to the Stae of
Uttarakhand);
(lx) "Whole-sale Transaction", in 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;
(lxi) "Zila Panchayat" means the Zila Panchayat of the District, in whos e
jurisdiction the Principal Market Yard is located.
Power to
amend
Schedule
3. The State Government may, by notification in the official gazette, add to,
amend or omit any of the items of agricultural produce specified in the
Schedule annexed herewith, and thereupon the Schedule shall stand amended
accordingly.
CHAPTER-II
ESTABLISHMENT OF MARKET
Declaration of
intention to
regulate and to
control sale
and purchase
of agricultural
produces in
any area
4.
Where the State Government is of opinion that it is necessary or expedient in
public interest to regulate the sale and purchase of agricultural produces in
any area and for that purpose to declare that area as a market area, it may, by
notification in official gazette and in such othe r manner, which may be
prescribed, declare such area as a Market Area under this Act, with effect
from such date, as may be notified.
Declaration of 5. After the expiry of the period specified in the notification issued under section
market area and
development
and regulation
of marketing of
specified
agricultural
produce therein
4 and after considering such objections and suggestions as may be received
before such expiry and making such inquiry, if any, as may be necessary, the
State Government may, by notification, declare the area specified in the
notification issued under section 4 or any portion thereof to be 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 4 shall
be developed and regulated under this Act in such market area.
Market Yards,
Sub-Market
Yards,
Farmers/
Consumer /
Farmers market
and Private
Market
6. (1) In every market area, there may be :-
(a) market yard managed by the Market Committee,
(b) one or more than one sub market yards managed by the Market
Committee,
(c) one or more than one private market yards/ private markets managed
by a person other than a Market Committee,
(d) one or more than one farmers/consumer markets managed by a person
other than a Market Committee,
(2) The State Government shall, as soon as may be, after the issue of notification
under Section 4, by notification, declare any specified place including any
structure, enclosure, open place, or locality in the ma rket area to be a market
yard or sub-market yard, as the case may be.
Notification of
intention to
alter limits of
or to
amalgamate or
to split up
market areas to
de-establish a
market
7. Every notification issued under section 11 shall define the limit s of the area
which is intended to be included in or excluded from a market area, or of the
market area intended to be amalgamated into one, or of the area of each of the
markets intended to be constituted after splitting up an existing market area or
of the area of the market intended to be de -established, as the case may be,
and shall also specify the period which shall not be less than six weeks within
which objections, if any, shall be received by the State Government.
Procedure
subsequent to
notification
under section 6
8.
(1) Any inhabitant of the market area or of the areas affected by the notification
issued under section 10 may, if he objects to anything contained therein,
submit his objections in writing to the State Government within the p eriod
specified for this purpose in the said notification.
(2) When the period specified in the said notification has expired and the State
Government has considered and passed orders on such objections as may
have been submitted to it within the said p eriod, the State Government may,
by notification-
(a) include the area or any part thereof in the market area or exclude it
therefrom;
(b) constitute a new Market Committee for the market area amalgamated;
or
(c) split up an existing market area and constitute two or more Market
Committees for such areas, as the case may be; or
(d) de-establish the market; and
(e) Publish modified list of agricultural produce to be regulated in the
market.
Effect of
alteration of
limits
9. Where a notification under section 11 has been i ssued excluding any area
from the market area and including any such area in any other market area,
the State Government shall after consulting the Market Committee involved
frame a scheme to determine what portion of the assets and other properties
vested in one Market Committee shall vest in the other Market Committee
and in what manner the liabilities of the Market Committees shall be
apportioned between the two Market Committees and such scheme shall
come into force on the date of publication in the Gazette.
Power of State
Government to
issue
consequential
order with
respect to
constitution
etc. of market
committees on
alteration of
limits,
amalgamation
or splitting up
10.
(1) Where a notification under section 12 has been issued the State Go vernment
may pass such consequential orders as it may deem fit in respect of-
(a) Where a notification is issued under sub -section (2) of Section 12 excluding
area from any market area and such excluded area is not declared to be
separate market area or a notification is issued under sub -section (2),
including any area within the market area, the Market Committee constituted
for such market area before the date of such exclusion or inclusion shall,
notwithstanding anything contained in this Act, continue to be the Market
Committee for the said market area until the reconstitution of such Market
Committee under this Act;
(b) In the event of amalgamation of dissolved Market Committee, the committee -
in-charge shall consist of the following members, namely :-
(i) a Chairman to be nominated by the State Government;
(ii) ten representatives of Agriculturists to be nominated by the State
Government;
(iii) one representative of Traders to be nominated by the State Government;
(iv) one representative of the Co-operative Marketing Society functioning in
the market area to be nominated by the State Government;
(v) an Officer of Agriculture/Cooperation Department working in the
district to be nominated on the recommendation of the Collector;
(vi) one member of the Weighmen and palledars opera ting in the market
area holding licence from the Market Committee to be nominated by
the registered union of Palledar and Weighmen;
(vii) one representative Chairman of the Local authority of the headquarter
of the committee (Chairman of Nagarpalika/ Mahanagarp alika,
Panchayat Samiti or Zila Parishad as the case may be);
(c) Where in case of split up of a Market Committee each committee -in-charge
consisting of a Chairman, Ten representative of Agriculturists and a
representative of Traders shall be constituted :
Provided that :-
(i) Chairman of the dissolved Market Committee shall be nominated
Chairman of the newly established Market Committee of which he is a
voter and for the other Market Committee, The Sta te Government shall
nominated a Chairman who possesses the qualifications prescribed in sub-
section (3) of section 17;
(ii) representative of agriculturists of dissolved Market Committee shall also
be nominated as member of newly established Market Committee of
which he is permanent resident and remaining representatives of the
agriculturists shall be nominated by the State Government who possesses
the qualifications prescribed in sub-section (3) of section 17;
(iii) representative of traders of the dissolved Market Committee shall be
nominated as a member of the newly established Market Committee of
which he is a permanent resident and for the other Market Committee,
the State Government shall nominate such licensee trader as
representative of traders who possesses the qualifications prescri bed in
proviso of sub-section (1) of section 17;
(iv) one representative of the Co -operative marketing society functioning in
the market area to be nominated by the State Government (who shall be
elected by the managing committee of such society);
(v) an officer of the Agriculture Department working in the district to be
nominated on the recommendation of the Collector;
(vi) one member of the Weighmen and palledars operating to be nominated
by the registered union of palledar and Weighmen;
(vii) one representative of the Local authority of the places where the Market
Committee is located (Chairman of Nagarpalika/ Mahanagarpalika,
Panchayat Samiti or Zilla Parishad as the case may be);
(viii) the committee-in-charge constituted under sub -section (1) shall subject
to the control of the Director, exercise all the powers and perform all
the duties of the Market Committee under this Act.
(2) The provisions of section 16 shall apply to the constitution of a Market
Committee under sub-section (1) as they apply to the constitution of a Market
Committee for a market established for the first time.
Declaration of
Principal
Market Yards,
Sub-market
Yards and
Private Market
Yards
11. The State Government, where it considers necessary and expedient so to do in
public interest, may, by notification in official gazette,-
(i) include any area in or exclude any area from the area of the Principal Market
Yard or Sub market Yard or Private Market Yard or abolish the existing
Principal Market Yard or Sub ma rket Yard or Private Market Yard and
declare a new Principal Market Yard or Sub market Yard, or Private Market
Yard;
(ii) declare that the whole -sale transactions of all or any of the specified
agricultural produces in respect of the Market Area shal l be carried on only at
a specified place or places within its Principal Market Yard or Sub market
Yard or Private Market Yard.
Alteration of
Market Area
and
modification
of schedule of
Agricultural
produces
12. (1) The State Government, where i t considered necessary and expedient in the
public interest so to do, may, by notification in the official gazette, and in
such other manner as may be prescribed and with affect from the date
specified in the notification :-
(a) include any agricultural produce in, or exclude any agricultural produce
from, the list of agricultural produce, specified in the notification under
section 3;
(b) include any area in, or exclude any area from, the Market Area,
specified in the notification under section 4;
(c) divide a Market Area, specified in the notification under section 4, into
two or more separate Market Areas;
(d) amalgamate two or more Market Areas, specified in the notification
under section 4, into one Market Area;
(e) declare that Market Area, specified in the notification under section 4,
shall cease to be such area.
(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), (c) or clause (d) of
sub section (1), the following consequence s shall, with effect from the date
specified in the notification, follow :-
(a) the Market Committee shall stand dissolved and its members shall
vacate their offices as such members;
(b) a new Market Committee shall be constituted for the modified or newly
created Market Area according to the provisions of section 10;
(c) all property and assets, all rights, liabilities and obligations of the
dissolved Market Committee in respect of civil or criminal proceedings,
contracts, agreements or other matter or thing arisi ng in relation to any
part of the Market Area of a dissolved Market Committee shall be
vested in and shall 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 affect from the date specified in
the notification, follow :-
(a) the Market Committee shall stand dissolved and its members, shall vacate
their offices as such members,
(b) the Principal Market Yard, Sub -market Yards and Private Market Yards,
if any, established therein shall cease to be such,
(c) the unspent balances 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.
Effects of
declaration of
Market Area
13. (1) As from the date of declaration of an area as Market Area, no Local Body or
other person shall, within the Market Area, se t up, establish or continue, or
allow to be set up, established or continued, any place for the sale -purchase,
storage, weighman or processing of the specified agricultural produce, except
under and in accordance with the condition of a license granted by the
Committee concerned, notwithstanding anything to the contrary contained in
any other law, custom, usage or agreement :
Provided that the provisions of this sub section shall not apply to a
producer in respect of agricultural pr oduce, reared, or processed by him or to
any person, who purchases or stores any agricultural produce for his domestic
consumption.
(2) No person shall, in a Principal Market Yard, or Sub market Yard or Private
Market Yard, carry on business or work as a trader, broker, commission
agent, ware-houseman, 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 there for from the
Committee concerned.
(3) The provisions of the sub-section (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.
No Trade
Charges
permissible
except as
prescribed by
rules and bye-
laws
14. (1) As from the date to be notified by the State Government in the official gazette,
no person shall, in a Principal Market Yard or Sub market Yard or Private
Market Yard, levy, charge or real ize, 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, which are not so prescribed.
(2) All trade charges before the sale transaction shall be borne by selle r and those
incurred thereafter shall be payable by the purchaser.
Application of
certain
provisions
relating to
Markets Yards,
Sub markets
Yards and
Private Markets
Yards, to the
remaining parts
of Market Area
15. The State Government, where it considers necessary or expedient in the
public interest so to do, may, by notificat ion in the official gazette, and in
such other manner as may be prescribed, declare that the provisions of sub
section (2) of section 7 and the provisions of section 8 shall also apply to the
whole or any part of Market Area outside the Principal Market Y ard, Sub
market Yard and Private Market Yard, as may be specified 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 the Act
relating to a Principal Market Yards or Sub market Yards or Private Market
Yards shall also, with effect from the same date, mutatis mutandis apply to
the area so specified.
CHAPTER-III
CONSTITUTION OF MARKET COMMITTEE
Establishment
of Market
Committee
and its
Incorporation
16. (1) For every Market Area there shall be a Committee to be called the Market
Committee which shall have jurisdiction over entire Market Area.
(2) Every Market Committee shall be a body corporate by such name, as the State
Government may, by notification, specify having perpetual succession and a
common seal and shall sue and be said in its corporate name and shall, subject
to such restriction as are imposed by or under this Act, be competent to
contract and acquire, lease, sell or otherw ise transfer any property and to do
all other things necessary for the purpose for which it is established.
(3) Notwithstanding any thing for the time being in force, every market
committee shall be deemed to be a local authority for the purposes of The
Land Acquisition Act, 1894,(Act No . 1 of 1894) and any other law for the
time being in force;
Provided that the Committee shall not transfer any immovable
property except in accordance with a resolution duly passed in any of its
meetings by a majority of not less than three - fourth of the total number of its
members and with the previous approval in writing of the Board.
Constitution
of the
Committee
17. (1) The Committee, referred to in Section 16 shall consist of the following
members to be nominated by the State Government in the manner as may be
prescribed:-
(a) one representative of urban local bodies, exercising jurisdiction over the
Principal Market yard or Sub -Market Yard, or part of either and the
market area or any of its part;
(b) one representative out of Zila Panchayat and one representative of
Kshettra Panchayats exercising jurisdiction over the Principal Market
Yard or Sub -Market Yard, or part of either and the market area or any
of its part;
(c) one representative of the Co -operative Marketing Societies holding
license for transacting business in the Market Area;
(d) one representative of commission agents carrying on business in the
Market Area and holding license therefore under this Act;
(e) one representative of traders carrying on business in the Market Area
and holding license therefore under this Act;
{(f) Twelve representatives of producers of Mandi Area in the specif ied
Mandis of class “A” and eleven representatives of producers of Mandi
area from other Mandis;}1
(g) one person of the Market Area who shall represent the interest of
consumers;
(h) two Government officials of whom one shall be a representative of the
Trade Tax Department and the other of the Food and Civil Supplies
Department;
(i) Secretary of the Market Committee who shall be the member secretary.
(2) Out of the persons nominated under clause (f) of sub- section (1):
(a) two members shall be residents of any of the Gram Panchayat exercising
jurisdiction over any part of the Market Area;
(b) five members shall be producer seller in the Market Area who have
obtained sale Vouchers in Form No. VI of last three years from the
Committee, out of which one member shall be belonging to the
Scheduled Castes or the Scheduled Tribes and the other from Other
Backward Classes of citizen;
(3) 2[Every committee shall have a Chairman nominated by the State Government
from amongst the members referred to in clause (f) of sub -section (1) and two
Vice-Chairman nominated by the State Government from amongst the
members of the committee.]
(4) (a) the term of the committee constituted under sub -section (1) shall be two
years from the date of publication of the constitution of the c ommittee
under sub-section (6) if not terminated earlier by the State Government;
3[(a 1) The Chairman, Vice Chairman and the members shall function on their
respective posts during the pleasure of the Governor.
(a 2) The vacancies of the Chairman, Vice chairman and the members shall be
filled according to the provisions of sub section (1), (3) of section 17 or
sub section (2) of section 18 as the case may be.]
(b) the term of the office of the Chairman, the Vice -Chairman and the
members shall be co-terminus with the committee;
(c) a non-official member shall cease to hold his office if he ceases to be a
licensee of committee or otherwise ceases to work in the committee as
trader or commission agent as the case may be.
------------------------------------------------------------------
1- Substitution of section 2 of the Uttrakhand Act no 30 of 2016.
2- Subs. by section 3 of the UK Act no 30 of 2016.
3-Inserted by section 2 of the Uttrakhand Act no 14 of 2018.
(5) The name of e very member nominated under sub -section (1) shall be
registered with the Managing Director within 21 days of the nomination.
(6) The constitution of the committee constituted under sub -section (1) shall be
notified in the Gazette by the Managing Director with the prior approval of
the State Government.
(7) The State Government, where it considers necessary or expedient so to do in
public interest, may, by Notification, extend the term of the committee for a
period not exceeding more than six months at a time but the total period of
such extension shall not exceed one year.
(8) No proceeding or Act done by or on behalf of the committee shall be
questioned on the ground that there was want of any qualifications or defect in
the nomination of any person as C hairman, Vice-Chairman or member of the
committee or on the ground of vacancy or defect in the constitution of the
committee.
Resignation of
members and
nomination in
certain
circumstances
18. (1) A member of the committee may resign from his office by writing under his
hand addressed to the Chairman. The resignation shall take effect from the
date on which it is accepted by the Chairman with the prior approval of the
Managing Director.
(2) The State Government may, by notification, nominate persons from the respective
category of members to fill the vacancies of the members who have resigned and
the persons so nominated shall hold office for remainder of the term of the
committee.
[***] 19. [***]1
Suspension of
the Committee
20. Where the Managing Director, is satisfied that :-
(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 the
maintenance of public order or 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 d o, 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.
---------------------------------------------
1- Repeal by section 3 of Utrakhand Act no 14 of 2018
Consequences
of suspension
21. (1) Where a committee is suspended under Section 20, 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 powe rs, duties and
functions of the Committee shall be exercised, discharged and performed by
the District Magistrate, who may exercise, discharge or perform such powers,
duties and functions either himself or through an officer, authorized by him
who shall not be below the rank of the Deputy Collector.
(2) Where the circumstances so warrant the Managing Director may send its
report for dissolution of the Committee to the State Government within three
months from the date of its suspension.
(3) The Managing Director shall, forthwith report about suspension under Section
20 to the State Government and if no adverse direction or order is received by
the Director from the State Government within 15 days, the suspension shall
continue for the period directed in t he first order otherwise he shall act
according to the directions of the State Government in the matter.
Dissolution of
committee
22. If, at any time the State Government is satisfied on the report of the Managing
Director that any committee has ma de 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, it may, after taking into consideration the
explanation of the committee, by order, stating the reasons t herefore, dissolve
the committee by publication in the Official Gazette.
Explanation-1- 'Willful default' means a failure to perform duties of the
committee, lack of willingness or its disinclination to perform that duty
and such failure should not be the result of any accident or inadvertent
error.
Explanation 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
23. On the dissolution of the committee -
(1) All the members, including the Chairman and the Vice Chairman of the
committee shall be deemed to have vacated their offices from the date of
dissolution.
(2) 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 functions of the committee till a
new committee is constituted under Section 17.
Constitution of
First
Committee or
a new
Committee
24.
(1) The State Government shall, by noExcerpt shown. Open the full act in Lexace.