Agricultural Produce Marketing (Development and Regulation)

51 Power of market committee to grant or renew registration 42 52 Issuance of duplicate registration by market committee 43 53 Suspension or cancellation of registration by market. Market Committee shall keep a copy of the Act, and of the Rules and notifications made or issued thereunder and of its Bye-laws, free of charge for inspection at its office.

Appointments, Composition and Elections to Market Committee

Appointment and Composition of Market Committee under Section 13 and Section 14(1) of the Act
Election to Market Committee (1) Fixation of date of election
Election of Chairman and Vice-Chairman
Quorum for the election of Chairman and Vice-Chairman
Election Petition
Handing over charge to new Chairman or Vice-Chairman by the outgoing Chairman or Vice-Chairman
Resignation of office by Chairman or Vice-Chairman
Resignation or removal of a member of Market Committee

The examination of nominations and the decision of the Election Officer thereon shall be completed on the date fixed for this purpose and shall not be postponed on any grounds. i). Such resignation of the member accepted by the Chairman shall immediately be brought under the notice of the Director/Managing Director and Market Committee in its next meeting.

Special Market /Special Commodity Market

Constitution of Market Committee for Special Market/Special Commodity Market

Conduct of Business, Powers and Duties of Market Committee

Control of Market Committee
Powers and duties of Market Committee
Powers and duties of Chairman and Vice-Chairman
Meetings of Market Committee
Persons entitled to attend meetings of Market Committee
Member(s) not entitled to take part in certain proceedings
Meetings of Market Committee not open to the public
Authority to call a special meeting
Duties and powers of Secretary
Constitution of Sub-Committees
Nature of disputes to be decided by the Disputes Sub-Committee and the procedure to be followed therefor
Subscription for Market Intelligence
Publicity in favour of production and marketing of the notified agricultural produce, livestock or products thereof
Promotion of grading services
Travelling Allowance to the Members of Market Committee
Administration and Inspection of Market Committees
Submission of References and Proposals to the Government by Market Committee
Penalty for disobedience of orders of Market Committee
Bye-laws of Market Committee
Amendment to Bye-laws of Market Committee
Powers of sanction of Prosecutions
Exercise the powers to write off irrecoverable amounts
Compounding of offence by Market Committee
Penalty for contravention of the provisions of this Act / Rules / Bye-laws

The Secretary is responsible for promptly, but in no event later than three days from the date of the meeting, sending a copy of the proceedings of all meetings of the Market Committee to the Director/CEO. The amended Articles of Association shall come into force upon receipt of the notice of its approval to the Market Committee from the Director/CEO.

Contract Farming

Registration of Contract Farming Sponsor
Contract Farming Agreement between Contract Farming Producer and Contract Farming Sponsor
Dispute Settlement Authority of Contract Farming
Appeal against the decisions of the Dispute Settlement Authority
Purchase of Produce under Contract Farming Agreement
Contract Farming Sponsor prohibited from raising permanent structure on Contract Farming Producers’ land
Objective of Contract Farming Agreement
Period of Contract Farming Agreement
Submission of Annual Accounts by Contract Farming Sponsor

Any dispute arising out of the Contract Farming Agreement shall be referred for resolution to the _________, hereinafter referred to as the Dispute Resolution Authority (the Taluka/Block/Mandal Level Officer of Agriculture / Agricultural Marketing / Cooperation Department concerned with regulation of Agriculture Marketing like the State Government can finally be decided, which is mentioned here), by making an application in writing, accompanied by a court fee stamp of Rs 20/- (Rupees twenty only) for the purpose of settlement of dispute. The Agricultural Products under the Contract Farming Agreement can be purchased anywhere by the Contract Farming Sponsor and no market fee from the Market Committee will be charged on this product. If the Contract Farming Sponsor has purchased the products with an intention to export or process, he must notify the Registration Authority, the same in Form K.

A contract farming sponsor must submit a declaration to the Sponsor Registration Authority that they are exporting or processing produce within ninety days of the date of purchase. A Contract Farming Agreement is entered into by the Contract Farming Sponsor solely for the purpose of purchasing agricultural produce from the Contract Farmer and shall be construed as such for all purposes only. Recovery of loans and advances made by the contract farming sponsor to the contract producer.

Regulation of Trading

Application for Registration or renewal of Registration under Sub-Section (1) of Section 44 of the Act and Fees Chargeable therefor
Registration to operate as Commission Agent, Trader, Broker, Carting or Clearing Agent, etc., in notified market area
Power of Market Committee to Grant or Renew Registration
While calculating the late fee, a fraction of a rupee which is less than half shall be omitted and a half or more shall be rounded off to the next higher figure
Market Committee may waive the late fee for reasons to be recorded in writing

Issue of duplicate Registration by Market Committee
Suspension or cancellation of Registration by Market Committee
Appeal against the orders of cancellation or suspension of Registration by Market Committee
Method of sale of notified agricultural produce
Unit of Price Quotations of notified agricultural produce
Sale and Trade Practices of notified agricultural produce
Control over Weighment, Measurement or Counting of notified agricultural produce
Use of only Authorized Weights and Measures
Test of Scales, Weights and Measures, Weighments, Measurements and Counting by authorized officer of Market Committee
Set of Metric Weights and Measures to be kept by Market Committee
Counter Balancing in Weighment
Production of scales, measures and weights for inspection
Report on incorrect Scales, Measures and Weights
Commission agent or buyer to pay sale proceeds to the seller promptly
Issue of sale slip by Commission Agent
Issue of storage slip by Commission Agent
Commission Agent to arrange storage facilities
Fixation of Trade allowance and Deductions
Residue to be bought by the buyer
Registers to be maintained by Traders, Brokers, Commission Agents, Weighmen, etc
Limitation of Employing a Broker
Regulation of advances to agriculturists
Limitation of Market Charges and Penalty therefor

The Chairman of the Committee shall place the matter before the Market Committee for ratification and action if any, as contemplated in terms of Rule 53 (1) within a period not exceeding 15 days. If, on investigation under Rule 60 or Rule 63, it is found that any scale, measure or weight is unauthorized or incorrect, the matter must be reported by the Secretary of the Market Committee to the relevant State officer in charge of the administration of the weights. and measures for such action as are deemed necessary by him in the circumstances of the case. When the notified agricultural products, livestock or products of livestock are sold by a commission agent, he pays the sale proceeds of the notified agricultural products, from his own account, to the seller on the same day of their sale after deduction of charges payable by the latter as admissible under the Bylaws of Market Committee and recover the same from the buyer.

The representative of the Commission is responsible for taking care of the storage of the declared goods and their insurance against theft, fire, flood, rain or any natural calamity, if the seller so desires, until their sale in the market or export, later. If any licensed/registered person fails to comply with the above instructions of the Secretary or the Director/General Manager without sufficient reason, he shall be liable to a fine which may extend to Rs.1000 (Rupees One Thousand only). The lender hands over a copy of such account book to the borrower and enters and confirms with his signature each individual transaction of lending and collection in such given copy of the account book.

Check Post
Penalty for evasion of payment of market fees
Register for market fees
Use of employees for collecting market fees
Employees collecting market fees
Inspection of Cash and Accounts by Secretary of Market Committee

Single excise duty of market fees. unauthorized notified agricultural products from any location within the boundaries of a notified market area. The market committee must keep a register in form P showing the market fees under section 42 or other fees that it levies. The fees in accordance with § 42 are collected by the market committee's officials and employees.

The Market Committee may outsource the function of collecting market fees and transfer it to another person, with the prior consent of the Director/Chief Executive Officer. Each officer or staff member of the Market Committee, other than the Secretary, must carry an identity card issued under the seal of the Market Committee authorizing him to collect fees on behalf of the Market Committee. The Secretary shall cause periodic inspection and audit of the cash and accounts of the officers and staff authorized to collect fees on behalf of the Market Committee.

Establishment and Functioning of Private Market/ E-Market, Consumer / Farmers Market and Direct Marketing

Application for grant of licence under Section 45 and 46 of the Act and fees chargeable therefor
Development of infrastructure for providing amenities and facilities in the Private Market, Consumer / Farmer Market
Renewal of Licence
Changes in membership and in name and style of Licensee
Suspension or cancellation of licence
Procedure for Appeals against the orders passed under Sections 45, 46 and 48

At the end of the project, the applicant must give an indication to the Director/CEO/Designated Authority. In the event of rejection of the application, the fee deposited with the application will be refunded to the applicant after deducting 5% of the fee paid for processing costs. ii). Provided that the private market of the licensee shall retain 20% of the market fee so collected for the purpose of developing and maintaining its activities to conduct and regulate trade in notified agricultural produce by the farmers.

Provided that in any market area of the State no market duty shall be levied a second time on notified agricultural produce for which it has been levied and collected at the prescribed rate in the private market, E-market and on direct purchase from farmers. Provided that the authority competent to renew the license may, on payment of a penalty of Rs.5000/(Rupees five thousand only) by the applicant, consider the application for renewal made after the expiry of the license within a period of six months. . After the secretary is convinced of the correctness of the facts stated in the application, he forwards it in the original along with comments to the director/executive director for consideration.

Market Committee Funds, Budget and Accounts 88. Budget of Market Committee

Budget Conference of Market Committee
Re-appropriation of Savings from one item to another item of Expenditure including Supplementary Grants
Publication of Accounts and Audit of Market Committee
Submission of Accounts of Market Committee
Power to Summon Documents by Auditor
Auditor to Report Material Impropriety or Irregularities, Loss, Waste or Misapplication of funds
Duty of the Secretary of Market Committee to Remedy the Defects or Irregularities
Powers of Auditors to disallow any unauthorized items and Surcharge thereon
Appeals against decisions of Auditor
Payment to be credited to Treasury
Filing of Half Yearly returns to Auditor by Market Committee

All unused balances on the last business day of the official year of the Market Committee will be invested in such banks or in such interest-bearing securities, with the approval of the Director/Chief Executive Officer. Provided that the Director/Chief Executive is authorized to make provisional expenditure as provided for in the budget, pending sanctions from the competent authority. Responsible for Agriculture/Agricultural Marketing are the ex-officio chairman and vice-chairman of the Board of Directors, respectively.

The Chairman and Vice-Chairman of the Board will be elected by the Chairmen/members of the Market Committee from agriculture. The method of electing the chairman and deputy chairman is determined by the Board's regulation. Mandate of the Chairman, Deputy Chairman and members of the State Board of Agricultural Marketing.

Provided further that the final payment for the work will be made by the Market Committee at its own risk only after the control measurement is carried out by an engineer authorized in this behalf by the Director/Executive Director.

Annexure Forms Under __________ State Agricultural Produce Marketing (Development

Along with this application, I am attaching the following documents: I) Certificate of solvency. III) Details of the registration documents of the company / Partnership Firm / Non-Governmental Organizations / Cooperative Society / Government Organization etc. and names and addresses of directors and partners etc. .. IV) Details of the agricultural production included in the contract.

Sub: Registration as Contract farming sponsor in the district(s) / whole state

WHEREAS, the customer of the first part is the owner/cultivator of the agricultural land with the following information. The party to the first part agrees to grow, produce and supply the quantity specified in schedule-I attached to the party to the second part. The Part One Customer agrees to deliver the Contracted Quantity in accordance with the quality specifications and price/rate set forth in Annex I.

After that. a) The party in the first part is free to sell the products to the party in the second part at a mutually renegotiated price. SIGNED, SEALED AND DELIVERED by ) Undermentioned 'PARTY OF THE FIRST PART' ) in the presence of. SIGNED, SEALED AND DELIVERED by ) within named 'PARTY OF THE SECOND PART' ) in the presence of.

Return for the period of _____________

Signature of Contract Farming Sponsor

Act and regulations for the marketing of agricultural products (regulation and development) and further undertake that I/we have not been convicted or found guilty of violating said law and regulations, and we must comply with the provisions of said law, regulations and statutes and the conditions for registration. The registration holder must comply with the provisions of the aforementioned law and regulations as well as the terms of agreement entered into by the Registry with the marketing director/managing director. This registration may be suspended or canceled in accordance with the provisions of the said Act and the rules made thereunder.

The registration holder shall settle the price of agricultural produce in accordance with the manner laid down in the articles of association of the market committee and shall issue account slips or purchase slips in accordance with the provisions of regulation 55 of the Agricultural Produce Marketing (Development and Regulation) Rules. , 2007. The Registrant must inform the Director/CEO of any change in the composition of the Registrant. The registration holder shall refer all his dispute relating to the marketing of the declared notified agricultural products in the manner provided in rule 23 of the Marketing of Agricultural Products (Development and Regulation) Rules.

REGISTER OF LICENCE HOLDERS FOR E- MARKETS

The Licensee shall comply with the provisions of the said Law and Rules and the. terms of agreement entered into by the license on ………. with the marketing director/director. In the event of suspension or cancellation of this license, it will be transferred to the Marketing Director/Director. The Licensee will inform the Director/General Manager of any change in the Licensee's articles of association.

The license holder will comply with the provisions of the aforementioned law and regulations and. In the event of suspension or revocation of this license, it shall surrender to the Marketing Director/General Manager. The Licensee shall maintain books, registers and records in the manner required by the Marketing Director/General Manager and shall make them available.