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REGULATION
OF TRADING |
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| Regulation of Marketing of notified agriculture produce. | 39.
(1)
No person shall, except in accordance with the provisions of
this Act and the Rules and Bye-laws made there under; (i) use any place in the market area for the marketing of notified agricultural produce: or (ii) Operate in the market area as a market functionary. (2) Nothing in the sub-section (1) shall apply to the following sale or purchase of such agricultural produce :- (i) whereof the sale is made by the producer himself to any person for his domestic consumption in quantity up to four quintals : (ii) Which is brought for sale by head load: Provided that the State Government by notification may withdraw this exemption specifying the reasons therein in respect of such market area as is specified in the notification. (iii) Purchase or sale of which is made by a petty trader: (iv) purchase of which is made by an authorized fair price shop dealer from the Food Corporation of India, the "The State Commodities Trading Corporation" or any other agency or institution authorized by the State Government for distribution of essential commodities through the public distribution system. (v) The transfer of such agricultural produce to a cooperative society for the purpose of securing an advance there from |
| Sell of notified agricultural/Horticultural/Animal Husbandry/Forest produce in Market. |
40.
(1)
all notified agricultural produce shall ordinarily be
sold in the market yards/ sub market yards or in the private
yards of the license holder. Subject to the provisions of sub-section
(2). Provided that the notified agricultural produce may be sold at
other places also to a license holder especially permitted in this
behalf under Section 45 this Act. Provided further that it will not be
necessary to bring agricultural produce covered under contract farming
to the market yard / sub market yard /private yard and it may be
directly sold to contract farming sponsor from farmers' fields. |
| Terms and procedure of buying and selling. | 41.
(1)
Except in the commercial transaction between two traders, any
other person who buys notified agricultural
produce in the market area, shall execute
an agreement in triplicate in such form , as may be prescribed
in favor of the seller. One copy of the agreement shall be kept
by the buyer, one copy shall be supplied to the seller and the
remaining copy shall be kept in the record of Market Committee. (2) (a) the price of the notified agricultural produce brought in the market yard, /sub market yard / private yard shall be paid on the same day to the seller in market yard /sub market yard/private yard. Payment of notified agricultural produce purchased , out of such yard l yards, shall also be made to the seller, if he is not a trader, on the same day there itself. (b) In case purchaser does not make payment under clause (a), he shal1 be liable to make additional payment at the rate of one percent, per day of the total price of the agricultural produce, payable to the seller within five days. (c) In case the purchaser does not make payment with additional payment to the seller under clause (a) and (b) above, within five days from the day of such purchase, his license / registration shall be deemed to have been cancelled on the sixth day and he shall not be registered or granted any license or permitted to operate under this Act for a period of one year from the date of such cancellation. (2) No wholesale transaction of notified agricultural produce shall be entered directly by licensed/ registered traders with producers of such produce except in the market yard/ sub market yard / private yard or in such place in accordance with the provisions in the bye-laws. Provided that agricultural produce produced under contract farming, may be bought directly by contract farming buyer anywhere. (4) The Commission agent shall recover his commission only from his principal trader at such rates as may be specified in the bye-laws including all expenses as may be incurred by him in storage of the produce and other services rendered by him. (5) Every commission agent shall be liable :-(a) To keep the goods of his principal in safe custody without any charge other than the commission payable to him, and (b) to pay the principal, as soon as goods are sold, the price thereof irrespective of whether he has and has not received the price from the buyer of such goods |
| Power to levy market fees (single point levy). |
42. (1) Every Market Committee shall levy market fee:- (i) on the sale or purchase of notified agricultural produce, whether brought from within the State or from outside the State, into the market area: and (ii) On the notified agricultural produce whether brought from within the State or from outside the State, into the market area for processing: At such rates as may be fixed by the State Government from time to time subject to minimum rate of fifty paisa and a maximum of two rupees for every one hundred rupees of the price in the manner prescribed. (2) (i) Market fee specified in sub section (1)shall not be levied for the second time in any market area of the State, provided that market fee has already been paid on that agricultural produce in any market of the State and the information in this context has been furnished, as prescribed, by the concerned person that the payment of market fee has already been made in other market. (ii) Market fee shall not be levied more than once in any market area in case the agricultural produce is being resold in the process of commercial transaction between traders or to consumers, provided that the information, as prescribed has been furnished by the concerned person that the payment of due market fee has already been made on it. (3) On the agricultural produce brought in the market area for commercial transaction or for processing, if the permit issued under Section 43 has not been submitted, the market fee shall be deposited by the buyer or processor, as the case may be, in the office of the Market Committee. Within fourteen days: but before sale or resale or processing or export outside the market area.Provided that in case any notified agricultural produce is found to have been processed, sold or resold or dispatched outside the market area without payment of market fee payable on such produce, the market fees shall be levied and recovered on five times the market value of the processed produce or value of the agricultural produce, as the case may be. (4) The market fee shall be payable by the buyer of the notified agricultural produce and shall not be deducted from the price payable to the seller. Provided that where the buyer of a notified agricultural produce cannot be identified, all the fees shall be payable by the person who may have sold or brought the produce for sale in the market area.Provided further that in case of commercial transactions between traders in the market area, the market fee shall be collected and paid by the seller. (5) The market functionaries, as the Market Committee may, by bye-laws specify. Shall maintain account relating to sale and purchase or processing or value addition in required forms and submit to the Market Committee periodical returns as may be prescribed. (6) The Market Committee may levy and collect entrance fee on vehicles, which may enter into market yard Sub market yard at such rate as may be specified in the bye-laws. |
| Permission for Transportation of notified Agriculture produce. | 43. (1) Any notified agricultural produce shall be removed
out of the market area only in the manner and in accordance with the
permit issued in such form, as is prescribed by the Managing Director
or Director, and not otherwise. Provided also that the producer of the
agricultural produce himself may take the agricultural produce from
one place to another without permit as is prescribed by the Managing
Director/ Director. (2) Any agricultural produce shall be transported in the market area under commercial transactions as is prescribed by the Managing Director/ Director. |
| Registration of functionaries. | 44.
(1)
Every person who, in respect of notified agricultural produce,
desires to operate in the market area as of trader, commission agent,
Weigh men, hammal, surveyor, warehouseman, contract farming buyer
owner or occupier of processing factory or such other market
functionary, shall apply to the Market Committee for registration or
renewal of registration in such manner and within such period as may
be prescribed. Provided further that any
person may buy
agricultural produce in the market yard / sub market yard on day to
day basis even without getting registration in
manner prescribed by the
State Government. Provided further that any person who desires to
trade or transact in any notified agricultural produce in more
than one market areas, shall have to get his registration, for
respective function, with the authority prescribed
by the State Government/Director/Managing Director. (2) Every such application shall be accompanied with such fee as the State Govt./Director/ Managing Director may prescribe. (3) The Market Committee may register or renew the registration or refuse to register or renew the registration on the basis of one or more of the following reasons: (i) the applicant is a minor or not bonafide; (ii) The applicant has been declared defaulter under the Act or rules made there under and bye-laws. (iii) The applicant has been found guilty under this Act. (4) (i) the applications received under sub-section (1) shall be disposed off by the Market Committee as required in sub section (3) in four weeks: but if the Market Committee fails to dispose off applications in four weeks, then – (a) the applicant shall remind in writing the Market Committee, in respect of his application, (b) moreover, the applicant shall also inform in writing to the authority prescribed by the Managing Director/ Director in this regard. (ii) On expiry of period of two weeks after submitting the reminder if the application is not disposed off, it shall be deemed that the registration or its renewal, as the case may be, has been granted. (iii) The prescribed authority on the basis of information received by him and after expiry of time of two weeks, shall only confirm that application for registration/renewal was submitted to the Market Committee and due action has not been taken by the Market Committee for disposal of the same then he shall issue a certificate under clause (ii) of sub section (4) regarding grant of deemed registration or its deemed renewal within two weeks time. (5) All the registrations granted and renewed under this section shall be subject to the provisions of this Act, rules & bye-laws made there under. (6) No commission agent shall Act in any transaction between the agriculturists - seller or trader - purchasers, on behalf of an agriculturist-seller, nor shall he deduct any amount towards commission from the sale proceeds payable to the agriculturist-seller. |
| Establishment of Private Yards, Direct purchase of Agricultural produce of Agriculturist(Direct purchasing from producer.) | 45.
The Director/Managing Director/ Prescribed authority may grant
license to purchase agricultural produce by establishing private yard
or from agriculturist, in & direct one or more market area for (a) Process of the notified agricultural produce; (b) Trade of notified agricultural produce of particular specification: (c) Export of notified agricultural produce; (d) Grading, packing and transaction in other way by value addition of notified agricultural produce; |
| Establishment of Consumer /Farmers Market. (Direct Sale by producer.) | 46.
(1)
Consumer/Farmer market may be established by developing
infrastructure as prescribed, by any person in any market area. At
such place, producer of agricultural produce himself may, as
prescribed, sell his produce directly to the consumer. Provided that
the consumer may not purchase more than such quantity of a commodity
at a time in the consumer market as may be prescribed. (2) Market service charge shall be collected on sale of agriculture produce by the seller and will be remitted to the proprietor of the consumer market. (3) Save as other wise provided in this Act no market fee shall be levy on the transactions under taken in the consumer/farmers market. (4) License for establishment of consumer/farmer market shall be granted by the State Govt. / Director /Managing Director. |
| Grant/Renewal of Licensee of Private Yard, Consumer/Farmers market and weighmens. | 47.
(1)
Any person who, under
Section 45 desires to purchase notified agricultural produce direct from the agriculturists or wishes to establish a private yard or under section 46 desires to establish in one or more than one Consumer/Farmer market area, shall apply to the Director/Managing market and Director for grant or renewal of license , as the case may be , in the manner and for the period , as may be prescribed by the State Government. (2) Along with every such application for license, fee prescribed, by Managing Director shall be deposited. (3) Application received under sub section (1) of section 47 for grant or renewal of license may be accepted or rejected for reasons recorded in writing by the authority prescribed by the State Government, as the case may be provided (i) if the Market Committee dues are outstanding against the applicant the license shall not be granted/renewed; (ii) The applicant is a minor or not bonafide; (iii) The applicant has been declared defaulter under the Act and rules and bye-law made there under; (iv) The applicant having been declared guilty in any criminal case and convicted by imprisonment (v) any other reasons. (4) All the licenses granted /renewed under this section shall be subject to provisions of this Act, rules or bye-laws made there under. |
| Power to Cancel or suspend Licensee /Registration. | 48.
(1)
Subject to the provisions of sub section (4) of
section 47,the
Director or Managing Director or Prescribed officer or Market Committee
who has issued license as the case may be may, for the reasons registration to
be communicated to the license holder/ registration holder in writing, suspend
or cancel, license registration :-(a)
If the license or
registration has been obtained through willful misrepresentation or
fraud: or (b) if the holder of the license or registration or any servant or anyone acting on his behalf with his (license/registration holder's) expressed or implied permission, commits a breach of any of the terms or conditions of license Registration; (c) if the holder of the license/ registration in combination with other license /registration holder commits any Act or abstains from carrying on his normal business in the market area with the intention of willfully obstructing, suspending or stopping the marketing of notified agricultural produce in the market yard l sub market yard and in consequence whereof the marketing of any notified agricultural produce lies been obstructed, suspended or stopped; (d) If the holder of the license /registration has become an insolvent; (e) if the holder of the license/registration incurs any disqualification , as may be prescribed; or (f) if the holder of the license/registration is convicted of any offence under this Act then within one year of the conviction if the conviction is for the first time and within three years for subsequent conviction. (2) Subject to the provisions of sub section (4) the Chairman or Chief Executive Officer may, after communicating the reasons in writing to the license /registration holder, suspend a license /registration for the period not exceeding one month on any reason for which the Market Committee may suspend a license /registration under sub section (1) Provided that such order shall cease to have effect on expiry of a period of ten days from the date on which it is made , unless confirmed by the Market Committee before such expiration. (3) Notwithstanding anything contained in sub section (1) , but subject to the provisions of sub section (4), the Director/Managing Director may, for the reasons to be communicated in writing to the license / registration holder, by order suspend or cancel his/its license /registration granted or renewed by the Market Committee Provided that no order under this sub section shall be made without notice to the Market Committee. (4) No license/registration shall be suspended or cancelled under this section without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation. Provided that the power to suspend or cancel a license granted by the authority prescribed by the State Government shall vest with the authority himself so prescribed subject to provisions of this section. |
| Appeal | 49. (1)
Any person
aggrieved by an order of the Chief Executive
Officer or the Chairman of Market Committee or the Director/Managing Director ,
passed under section 44, 47 or 48, as the case may be, prefer an appeal (a) To
the Market Committee, where such order is passed by the Chairman/Chief Executive
Officer, within seven days of receipt of the order ; (b) To the Director/Managing Director, where such order is passed by the Market Committee, within thirty days of receipt of the order; and (c) to the State Government, where such order is passed by the Director /Managing Director, within thirty days of receipt of the order ; in such manner as may be prescribed. (2) The Appellate Authority, if it considers necessary to do so, grant a stay of the order appealed against for such period as it may deem fit. (3) The order passed by the Chairman, Market Committee and the Director/Managing Director shall, subject to the order in the appeal under this section. Be final and shall not be called in question in any court of law. |
| Redressal of dispute between Private Market or Market Committee and Consumer Market. | 50, (i)
Dispute
between the Private market or Consumer
market and Market Committee, shall be referred to the Director or Managing
Director or his representative. Or any other officer authorized by the State
Government in this regard. The dispute .shall is resolved after giving both
parties a reasonable opportunity of being heard, in the manner prescribed. (ii) The decision given by the authority under sub' section (I) above shall be final and shall not be called in question in any court of law. |
| Provision of Trade allowances other than those prescribed under this act. |
51. No
trade allowance or deduction, other than of prescribed by or under this Act,
shall be made or received by any person in any market area in any transaction in
respect of the notified agricultural. Produce and no civil court, shall, in any
suit or proceedings arising out of any such transaction, have regard to any
trade allowance not so prescribed. |
| Power to order production of Account and entry, inspection and seizure. | 52. (1)
The Chief Executive Officer of the Market Committee or
any officer or servant of the State Government or the Board, empowered by the
State Government in this behalf may , for the purposes of and 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 to and furnish any information relating
to stocks of such agricultural produce or purchase, sale, processing, value
addition and delivery of such agricultural produce by such person and also to
furnish any other information relating to payment of market fees by such person. (2) All accounts and registers maintained by any person in the ordinary course of business of any notified agricultural produce and documents relating to stocks of such agricultural produce or purchase, sale, processing, value addition of such agricultural produce in his possession and offices, establishment, go downs, vessels or vehicles of such persons shall be kept open for inspection at all reasonable time by such officers and servants of the State Government, Board or Market Committees may be authorized, by the State Government in this behalf. (3) If any such officer or servant has reasons to suspect that any person is attempting to evade the payment of any market fee due from him under section 42 or that any person has purchased. sold, processed or value added any notified agricultural produce in contravention of any of the provisions of this Act or the rules or the bye-laws in force in the market areas, he may by communicating in writing to such person, seize such accounts, registers or documents such a person, as may be necessary, and shall grant a receipt for the same and shall retain the same only so long as may be necessary for examination thereof or for a prosecution. (4) For the purposes of sub section (2) or sub section (3) such officer or servant may enter or search any place of business, warehouse, office, establishment, go down, vessel or vehicle where such officer or servant has reason to believe that such person keeps or for the time being has kept accounts, registers or documents of his business, or stock of notified agricultural produce relating to this business. (5) The provisions of section 100(4) to (8) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply to a search under sub section (4). (6) Where any books of accounts or other documents are seized from any place and there are such entries therein making reference to quantity, quotations, rates, receipts or payment of money or sale or purchase of goods, such books of accounts or other documents shall be admitted in evidence without witness having to appear to prove the same, and such entries shall be prima facie evidence of matters, transactions and accounts purported to have been recorded therein. |
| Submission of annual account by Licensee /Registrar functionaries and assessment of Market fee. | 53. (1)
Every trader, processor, proprietor of a private yard, proprietor of
consumer/farmer market or commission agent, carrying on business of
notified agricultural produce shall, before the 30th June, every year
submit to the Chief Executive Officer a statement of transaction
undertaken by or through him during the previous financial year ending
on the 3lst March, in the prescribed manner (2) The Chief Executive Officer shall accept or reject the statement submitted to him under sub section (1) after necessary examination and verification on the basis of information duly available in the Market Committee and shall assess the balance amount payable by the functionary and levy the assessed amount. (3) Any person aggrieved by the proceedings of the Chief Executive Officer, may within thirty days. (4) Any officer authorized by the State Government or the Board may. On his own motion or on application made to the State Government start process of re-verification of the statement, verified by the Chief Executive Officer. Within two years of the date of verification and for this purpose such officer shall exercise the powers under section 52. (5) The re-verification made by the officer authorized by the State Government or the Board, shall be final. |
| Assessment of Market Fee of his own motion by the Chief Executive Officer, payable to Market Committee by Licensee/Registered Functionaries. | 54. If any person required to produce accounts or furnish information under sub section (1) of section 53 fails to produce such accounts or to furnish information or knowingly furnishes incomplete or incorrect accounts or information or has not maintained proper accounts of the business of the notified agricultural produce, the Chief Executive Officer, on his own motion, shall assess such person for fees levied under section 42 on the basis of information available with the Market Committee . |
| Power to stop Vehicles and inspect store. | 55. (1)
At any time when so required, -(i)
by any officer or servant of the Board or any officer or servant of the Government, empowered by the Board or the Collector in
this behalf in any market area, or (ii) by any officer or servant of the Market Committee empowered by the Market Committee in this behalf in the market area concerned , the driver or any other person in charge of the vehicle, vessel . or other conveyance shall stop the vehicle, as the case may be, and keep it stationary, as long as may reasonably be necessary, and allow such person to examine the contents in the vehicle, vessel or other conveyance and inspect all records relating to notified agricultural produce carried, and give his name , address and name and address of the owner of the vehicle, vessel or other conveyance and name and address of the owner of the notified agricultural produce carried in such vehicle, vessel or other conveyance. (2) Persons empowered under sub section (1) shall have power to seize any notified agricultural produce brought into or taken out or proposed to be taken out of the market area in any vehicle. Vessel or other conveyance, if such person has reason to believe that any fee or other amount due under this Act or the value payable to the seller in respect of such produce has not been paid. (3) If any person empowered under sub section (1) has reason to suspect that any person is attempting to evade the payment of any market fee due from him under section 42 or that any person has purchased or stored any notified agricultural produce in contravention of any of the provisions of this Act or the Rules or the Bye-laws in force in the market area , he may enter or search any place of business, warehouse , office , establishment or go down where the person empowered under sub section (1) has reason to believe that such person keeps or has for the time being kept stock of notified agricultural produce and may seize the stored agricultural produce and such seized notified agricultural produce may be confiscated in favor of the Market Committee as prescribed for this purpose.Provided that the reasonable opportunity of hearing shall be given to the person concerned before confiscation of the agricultural produce. |
| Power to grant exemption from Market fee. | 56. (1)
The State Government may, by notification and subject to
such conditions and restrictions, if any, as may be specified therein exempt in
whole or in part any agricultural produce brought for sale or bought or sold in
the market area specified in such notification, from the payment of market fee
for such period as may be specified therein; (2) Any notification issued under this section may be rescinded before the expiry of the period for which it was to have remained in force, and on such rescission. Such notification'. Shall cease to be in force. |
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